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12-01-1988 Regular Meeting~~JI1 14 ~Mlr.'r~`~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF DECEMBER IN THE YEAR NINETEEN EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turner Also attending: H. Woodrow Crook, ,7r., County Attorney Myles E. Standish, County Administrator Kenneth L. Chandler, Assistant to the County Administrator William McKay, County Planner Judy A. Begland, Economic Development Coordinator Betty Scott, Assistant Clerk The Chairman called the meeting to order at 1:56 P.M. The invocation was delivered by Rev. G. J. Howell, Pastor of Emmanuel Baptist Church. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, informed the Board members that the Department had received the Board's request relative to the right turn lane on Route 644 at the intersection of Routes 10 and 644 and he would provide an estimated cost as soon as possible. Supervisor Bradshaw informed Mr. Coates that Nathan Etheridge would like to meet with him (Mr. Coates) and discuss a speed sign at the development on Route 611. Supervisor Bradshaw expressed concern regarding prisoners not being allowed to do road work in the County. Mr. Coates informed the Board that prisoners had not been used for two months for road work since because the. Governor had issued orders for inmates not to work~on the roads because an inmate in Prince William County left the gang and went into a shopping center, raped and killed a woman. Mr. Coates continued, stating the Governor is in the process of reviewing the situation to determine a policy to work inmates in the future. Following discussion, Supervisor Bradshaw moved to direct County Attorney Crook to prepare a proposed resolution relative to the renewed use of prisoners working in the County; resolution to be sent to the Governor. The vote in favor was unanimous (5-0). Rev. C. J. Howell inquired as to the progress of having the speed reduced at Sandy Mount Church. Mr. Coates stated his department had researched the problem and it was determined that turn signs be erected, which has been done. Mr. Coates continued stating that certain criteria was required to reduce speed limits and he would review the situation again and so advise County Administrator Standish. Chairman Bradby informed Mr. Coates that residents on .Route 683 had requested him to ask for assistance for road improvements, possibly hard surfacing the road. Beatrice Green, County resident, said the location was between Routes 681 and 682, a dirt road approximately 2 1/2 miles long. Mr. Coates stated he would be glad to check the matter and give a report to Count Administrator Standish. Mr. Coates continued stating the project is not in the Six Years Plan and carries a very low traffic count, therefore, if the project is not in the Six Years Plan the funds will have to come from the revenue sharing funds. Johnson Wilson, representing members of the Emmanuel Baptist Church, on Route 708 requested the Board's assistance in lowering the speed limit in the Emmanuel Baptist Church vicinity. // 1 1 William H. Barrett, County citizen from the Carrsville area, expressed concern regarding the status of the street naming project. County Administrator Standish informed Mr. Barrett that the Planning Commission has completed their report and forwarded n Boon 14 r~~; 2.~~. it to the Board of Supervisors for their consideration. Mr. Standish continued stating that alternatives will be given to the Board under his report today. Helen King, Count} citizen, asked the Board if a public hearing would be advertised in The Times two weeks prior to Board consideration, to which Chairman Bradby replied yes. Jack Finley, representing ..the Smithfield Volunteer Fire Department, asked the Board to .prepare and support a resolution to repeal the sunset clause relative to the State Fire Fund Program. Following discussion and on motion of Supervisor Turner, the Board voted unanimously (5-0) to direct County Administrator Standish to include in the County's legislative package support for the repeal of the sunset clause. relative to the State -Fire Fund Program. // Assistant County Administrator/Community Development W. Douglas Caskey presented the following subdivision plats for the Board's consideration: ` a. Plat of Section. Two of Green Meadow Sub- division, Lots 1 and 2, located on Routes 661 and 1903, iti Newport Magisterial District. Mr. Caskey stated the`plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the Department of Community Development. Mr. Caskey further stated the Planning Commission voted unanimously to recommend approval. Supervisor ,Ross moved the Board approve the plat of Section Two of Green Meadow Subdivision, Lots 1 and 2, located on Routes 661 and 1903, in Newport Magisterial District. The vote in favor was unanimous (5-0). b. Plat of Parcel K of the property of Jesse O'Berry, 5.63 acres of land located off Route 626, in Hardy Magisterial District. The .plat has been reviewed and approved by the Department of Community Development, said Mr. Caskey. Mr. ,Caskey; continued stating the Isle of Wight Health Department has reviewed the plate, but cannot make any determination as to the suitability of the soil for the installation of a septic tank system .due to the lack of a soil report. Mr. Caskey also stated the Virginia Department of Transportation is not required to approve the plat since it does not. border a State right-of-way. The Planning Commission voted unanimously to recommend approval of the subdivision plat, said Mr. Caskey. Supervisor Turner moved the Board approve the plat of Parcel K of the property of Jesse O'Berry, 5.63 acres of land located off Route 626, in Hardy Magisterial District. The motion carried unanimously (5-0). c. Plat of the subdivision of Brewer's Creek, a subdivision of fifty (50) residential lots, located off Route 661, in Newport Magisterial District. The plat has been reviewed and approved by the Virginia Department of Transportation and the Department of .Community Development, said Mr. Caskey. Mr. Caskey continued stating the community water system has been approved by the Department of Public Utilities and the Carrollton Volunteer Fire Department. The Planning Commission voted unanimously to recommend approval, said Mr. Caskey." Following discussion, Supervisor Turner moved the Board approve the plat showing the subdivision of Brewer's Creek, a subdivision of fifty (50) residential lots, located off Route 661, in Newport Magisterial District, with the condition the recreational area be conveyed to the County. The motion passed by unanimous (5-O) vote of the Board. 3~~~K 14 ?~~~240, On motion of Supervisor Turner, the Board voted unanimously (5-O) to approve the request of Welford O. Lucy, Jr. and Robert C. Dorey to withdraw their rezoning application. The Board members expressed their wishes for County Administrator Standish to expedite procedures for the location of a mobile home for the Mamie Council Estate home which was destroyed by the tornado on November 28, 1988. // On motion of Chairman Bradby, the Board voted unanimously (4-0) to accept the conceptual plan presented by Frank Spady, architect., for the Rushmere Volunteer Fire Department Building and authorized Mr. Spady, architect, to proceed with the plans. Supervisor Turner was absent when the voted was taken. Mr. Spady stated the cost would be approximately $290,000 and bids will be received by March 1, 1989. County Administrator Standish suggested the Board members study the Planning Commission's report relative to the street naming project and advertise to conduct a public hearing at a later date. On motion of Supervisor Ross, the Board voted unanimously (5-O) to adopt the following resolution and contract to accept and appropriate $25,000 from the Coastal Resources Management Program to provide for an updated comprehensive zoning ordinance. RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND pOLLARS FROM THE COASTAL RESOURCES MANAGEMENT PROGRAM FOR DEVELOPMENT OF A LOCAL ZONING ORDINANCE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded a grant from the Coastal Resources Management Program, for the development of a local zoning ordinance, and WHEREAS, the funds in the amount of twenty-five thousand dollars ($25,000) to be received from the Coastal Resources Management Program need to be appropriated to the Zoning Ordinance, Contracted Services line item in the 1988-89 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty-five thousand dollars ($25,OOA~ to be received from the Coastal Resources Management Program be appropriated to line item 28-5107-3002, Zoning Ordinance, Contracted Services, in the 1988-89 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. COASTAL RESOURCES MANAGEMENT GRANT CONTRACT This agreement is made this 14th day of November, 1988, by and between the Council on the Environment (hereinafter referred to as the "Council") and County of Isle of Wight (hereinafter referred to as the "Grantee"). The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: 1. Project: The Grantee shall carry out the project as set forth in Attachment A. All aspects of this project shall be consistent with the Chesapeake Bay Agreement of 1987, and with the Commonwealth's Coastal Resources Management Program. The project, in accordance with the Chespeake Bay Preservation Act, shall incorporate general water quality protection measures into any comprehensive plans, zoning ordinances and subdivision ordinances resulting therefrom. i~ ~~~ ~~ 2. Time of Performance: The project shall commence on November 1, 1988 and shall terminate on September 30, 1989, ao~K 14 ~~~241 the period of performance being 11 months. 3. Payments: The Council shall pay the Grantee quarterly on a reimbursement basis, not to exceed $25,000 for the project. The said sum, together with the matching funds provided as set forth in Attachment A, shall include the cast of all personnel, all overhead, and all other expenses of the project. Payment shall be made upon submission of invoices and progress reports and their acceptance by the Council. Such invoices shall be submitted within ten (10) days following the end of each calendar quarter and shall be detailed in accordance with Attachment A to show what tasks have been completed and to compare the time of completion with the proposed time of completion. Progress reports shall be submitted on forms provided by the Council within ten (10) days following the end of each calendar quarter. 4. Terms and Conditions: Grantee shall comply with the Standard Terms and Conditions of the U. S. Department of Commerce set forth in Attachment B. 5. Liability: The Grantee shall take out and maintain, during the life of this agreement, such bodily injury liability and property damage liability insurance as will protect it from claims of damages for personal injury, including death, as well as from claims for property damage, which may arise from its activities under this agreement. If the Grantee has a self-insurance program, it may self-insure the risks associated with this Agreement in lieu of the commercial insurance required herein. 6. During the performance of this contract, the Grantee agreed as follows: 1 a. The Grantee will not discriminate against any employee or applicant for employment because of race, religion, color, .sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Grantee. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Grantee, in all solicitations or advertisements for employees placed by or on its behalf, will state that such Grantee is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The Grantee will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 7. Use of Grant Funds: Grant funds shall only be used for the purposes and activities covered in Attachment A. 8. Fiscal Control: The Grantee shall establish fiscal control and fund accounting procedures which assure proper disbursement of, and accounting for, grant funds and any required non-federal expenditures. 9. Prior Written Approval of Changes: The Grantee must obtain prior written approval from the Council for changes to the project, including, but not limited to, changes of substance in program activities, designs, or plans set forth in the approved application and changes in the approved project budget. 10. Termination of Cause: The Council reserves the right to terminate the grant in whole, or in part, at any time before the date of completion, upon written notice to the Grantee that it has failed to comply with the conditions of the grant. In connection with such termination, payments made to the Grantee or recoveries by the Council shall be in aooK 14 ~~~~242 accord with the legal rights and liabilities of the parties. 11. Termination for Convenience: The Council may terminate the grant if its funding is terminated. The Councilor the Grantee may terminate the grant in whole, or in part, if both parties agree that the continuation of the grant program will not produce beneficial results commensurate with further expenditure of funds. The Council and the Grantee shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Council shall allow full credit to the Grantee for the federal share of the noncancellable obligations properly incurred by the Grantee prior to termination. 12. Maintenance of Records and Audit: The Grantee shall maintain all required records and provide the Council an audit performed in accordance with OMB Circular A-128, Audits of State and Local Governments. That audit will be reviewed by the Council. for compliance with federal laws and regulations. Grantee will ensure that appropriate corrective action is taken within six months after receipt of the audit report in instances of noncompliance with federal laws and regulations. 13. There are no third party beneficiaries to this contract. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to adopt the following resolution to accept and appropriate $2,246 from the Commonwealth of Virginia, Department of Motor Vehicles for highway safety projects: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND TWO HUNDRED SIXTY-FOUR DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MOTOR VEHICLES FOR HIGHWAY SAFETY MINI-GRANTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded a grant from the Commonwealth of Virginia, Department of Motor Vehicles, for highway safety mini-grants, and WHEREAS, the funds in the amount of two thousand two hundred sixty-four dollars ($2,264) to be received from the Commonwealth of Virginia, Department of Motor Vehicles need to be appropriated to the Police Traffic Services and Alcohol in Relation to Highway Safety line items in the 1988-89 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the. Board of Supervisors of the County of Isle of Wight, Virginia that two thousand two hundred sixyt-four dollars ($2,264) to be received from the Commonwealth of Virginia, Department of Motor Vehicles be appropriated to line items 28-5113-7002, Police Traffic Services, equipment ($1,194) and 28-5114-7002, Alcohol in Relation to Highway Safety ($1,070), in the 1988-89 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight,. Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the contract .between the County and Charles H. Shotton & Sons relative to the renovation of the old Smithfield High School for the Isle of Wight County/Smithfield Library. County Administrator Standish presented the Board members an aerial video presentation of the tornado. storm damage in the County on the morning of November 28, 1988, and stated the initial estimate of damages to property in the County was approximately $400,000. 1 1 ~~~K 14 ?Mn~243 ~~ Supervisor Ross moved the Board appoint Carl M. Beale, Jr., 101 Beale Drive, Smithfield, Virginia, to serve as a member of the Board of Building Appeals representing the Smithfield Electioo District. The vote in favor was unanimous (5-0). 1 Supervisor Edwards moved the Board appoint Mary Buckner, Route 3, Box 76, Windsor, Virginia, to serve as a member of the Social Services Board, representing the Windsor Election District. The motion carried unanimously (5-0). // Per recommendation of County Attorney Crook and on motion of Supervisor Turner, the-Board voted unanimously (5-O) to approve the November 3, 1988 minutes. // On motion of Supervisor Edwards, the Board voted unanimously (5-O) to adopt the following resolution from `-the Virginia Department of Transportation relative to their acceptance of two streets in the Deer Run Subdivision: VIRGINIA: At the regular meeting of the Board of Supervisors of Isle of Wight County, held in the Isle of Wight County Courthouse on December 1, 1988 on motion of Supervisor Edwards, the following resolution was duly passed. 1 WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Deer Run Subdivision, Section I, Newport Magisterial District, Isle of Wight County, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight county Subdivision Ordinance Relating to Acceptance of Streets into the State's Secondary Road System: THEREFORE, BE IT RESOLVED., that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described streets in Deer Run Subdivision, Section I: I. DEER RUN DRIVE: Beginning at a point on State Route 620, 0.29 Miles southeast of its intersection with State Route 665; thence, running in a westerly direction. 0.11 miles to its intersection with Robin Lane. Length: 0.11 Mile Right of Way: 50 feet Total Length: 0.11 Mile 2. ROBIN LANE: Beginning at cul-de-sac 0.065 Miles south of intersection with Deer Run Drive; thence, running in a northerly direction 0.27 mile to a cul-de-sac. Length: 0.27 Mile Right of Way: 50 feet Total Length: 0.27 Mile 1 Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easement, have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Book 13, Page 197, 198, dated June 12, 1988 and is guaranteed. // On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the form of the petition for referendum for pari-mutual betting as prepared by the County Attorney as requested by the Board at its prior meeting relative to a horse race track in the County and authorized County staff to make the information available to County residents. // UQQP ~~ ~nv'~~~~ Supervisor Bradshaw moved the Board go into executive session to discuss with legal counsel and staff members land acquisition, use of public property, litigation and negotiations for professional services. The vote in favor was unanimous (5-0). // Upon returning to open session, Alvin Reynolds, County citizen, expressed concern relative to the County's plans .for Boykin's Tavern. // On motion of Supervisor Turner, the Board voted unanimously (5-0) to accept the low bid of S42,850 from Blair Brothers to make necessary improvements on Bayview Drive and adopted the following resolution relative to same: RESOLUTION TO APPROPRIATE FORTY-TWO THOUSAND EIGHT HUNDRED FIFTY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE COUNTY OF ISLE OF WIGHT FOR PAVING AND RELATED IMPROVEMENTS ON BAYVIEW DRIVE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has contracted for paving and related improvements on Bayview Drive, and WHEREAS, the funds in the amount of forty-two thousand eight hundred fifth dollars ($42,850) be appropriated from the Unappropriated Fund Balance to Bayview Drive, contracted services line item in the 1988-89 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that forty-two thousand eight hundred fifty dollars ($2,850) be appropriated from the Unappropriated Fund Balance to line item 14-4305-3009, Bayview Drive, contracted services, in the 1988-89 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED, that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. // At 6:10 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-O). ` enry .'Brady, Chairman