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09-07-1989 Regular Meetingao~n 14 ~~~~410 REGULAR MEETING OF THE ISLE OF'~WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY dF SEPTEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY NINE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Thomas L. Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator David J. Murphy, Public Utilities Director William McKay, Planner Judy A. Begland, Economic Development Coordinator (arrive 4:05 P.M.) Sheriff C. W. Phelps Betty Scott, Assistant Clerk Absent: Steven W. Edwards Chairman Bradby called the meeting to order at 2:00 P.K. The invocation was delivered by Supervisor Turner. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, informed the Board members that there was a portion of Route 646, a dirt road from Route 644 to Route 649 which had not been funded. Mr. Coates stated the project cannot proceed unless it is funded and recommended the proposed resolution for revenue sharing monies far Route 620 be amended to be Route 646 so that the project can be approved and the road paved. On motion of Supervisor Turner, the Board voted unanimously (4-0) to adopt the following amended resolution. (need copy of resolution) On motion of Supervisor Turner, the Board unanimously (4-O) adopted the fallowing allocation of revenue sharing for roads resolution. RESOLUTION WHEREAS, Section 33.1-75.1 of the Code of Virginia provides that when a County designates a sum, not exceeding 15 percent of the County's Revenue Sharing Funds, for use by the Transportation Board for the construction, maintenance, or improvement of primary and secondary roads in such '~J ,, eoaK 14 ~h~-411 County, that the Transportation Board shall match such Revenue Sharing Funds as first priority allocation: i NOW, THEREFORE, BE IT RESOLVED, that the County of Isle of Wight Board of Supervisors hereby designates $55,000.00 (to be matched by the Transportation Board) of its Revenue Sharing Funds, or General Funds, for use in the construction, maintenance, or improvements of primary or secondary roads in the County of Isle of Wight, Virginia, to wit, State Route 694 (Project 0694-046). The $110,000.00 is to be taken from Budget Item 5603 and put into Project 0694-046. Description: From: Intersection Route 612 To: .7 Mile Northwest Intersection Route 612 (1989-90 Secondary Construction Budget) On motion of Supervisor Ross, the Board voted unanimously (4-O) to adopt the following resolution for allocation revenue sharing for roads: RESOLUTION WHEREAS, Section 33.1-75.1 of the Code-of Virginia provides that when a County designates a sum, not exceeding 15 percent of the County's Revenue Sharing funds, for use by the Transportation Board for the construction, maintenance, or improvement of primary and secondary roads in such County, that the Transportation Board shall match such Revenue Sharing Funds as first priority allocation: 1 NOW, THEREFORE, BE IT RESOLVED, that the County of Isle of Wight Board of Supervisors hereby designates $62,400.00 (to be matched by the Transportation Board) of its Revenue Sharing Funds, or General Funds, for use in the construction, maintenance, or improvement of primary or secondary roads in the County of Isle of Wight, Virginia, to wit, State Route 600 (Project 0600-046). The $124,800.00 is to be taken from Budget Item 5603 and put to Project 0600-046. Description: From: .39 mile west Route 10 To: .63 mile west Route 10 (1989-90 Secondary Construction Budget) Martha B. Moore, resident on Route 665 in Carrollton, asked the Board's support and guidance in obtaining right-of-way easements from two property owners, Bessie Chapman Brown and Campbell Chapel AME Church, in order to get the dirt section of Rout 665 paved. Mr. Coates stated he would assist in this undertaking and report back to the Board at their next meeting. r -~ ~, YO~~~ 1~ rNi:r A. .i r.r Robert p. Taylor,. III, resident on Route 10 south of Benns Church, expressed concern relative to the stop light at the intersection at Benns Church. Mr. Taylor stated there has been numerous accidents and he would like the Board's consideration and support in getting the light changed. Mr. Coates stated the request has been reviewed and he will have their traffic engineer check the situation and report back to the County Administrator. Sheriff Phelps concurred with Mr. Taylor's comments and thanked the Board and Mr. Coates for any help they could render. The Sheriff informed the Board he had received a letter from the Windsor Town Mayor, M. H. Robinson, regarding the installation of a stop light on Route 460 at its intersection with Roberts Avenue and Shirley Drive, due to the erection of the new bank. Mr. Coates stated they had received a letter from Mr. Robinson and he will have their traffic engineer run a survey and respond back as soon as possible. R. L. Walker, representing the Central Hill Community Club, expressed concern relative to water standing in the ditches along Routes 1302, 1303 and 1304. Chairman Bradby stated that he and Supervisor Edwards would meet, visit the site and make a decision relative to a solution of the problem prior to the October 5, 1989 Board meeting. Charlie Green, resident on Route 671 in Carrollton asked for assistance in getting the bushes cut along the side of the road, as well as cleaning out the ditches. Mr. Coates stated he would take care of the situation. On motion of Supervisor Bradshaw, the Board voted unanimously (4'O) to adopt the following resolutions regarding roads in Wrenn's Mill Estates, Longview Acres and Titus Creek Estates: RESOLUTION WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Longview Acres, 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 accegtance 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 Longview Acres Subdivision. [] u 1. Whitehead Farm Lane: Beginning at a point on State Route 600, 0.60 miles east of its intersection with State Route 602; thence running BOOK 14 r;,~r~~,~ in a northeasterly direction 0.15 miles to its intersection with Longview Circle. Length: 0.15 mile Right of way: 50 feet Total length: 0.15 mile 1 2. Longview Circle: Beginning at a point on State Route 600, 0.48 miles east of its intersection with State Route 602; thence running in a north and easterly direction 0.43 miles to a cul-de-sac. Lengths 0.43 mile Right of way: 50 feet Total length: 0.43 mile 3. Duff Court: Beginning at a point on Longview Circle 0.06 mile northeast of its intersection of State Route 600; thence, running in a northwesterly direction 0.10 miles to a cul-de-sac. Length: 0.10 mile Right of way: 50 feet Total Length: 0.10 mile Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements 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 253, dated October 28, 1987 and is guaranteed. RESOLUTION 'i] WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Wrenn's Mill Estates, Hardy 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 Wrenn's Mill Estates Subdivision. 1. Laurel Lane: Beginning at a point on State Route 10 (Business), 0.29 mile east of its intersection with State Route 10 (Bypass); thence, running in a southwesterly direction 0.26 mile to a cul-de-sac. Length: 0.26 mile Right of way: 50 feet Total length: 0.26 mile i eo~K 14 ~~,-414 2~. King's .Point Court: Beginning at a point on Laurel Lane 0.06 mile southwest of its intersection of State Route 10 (Business); thence, running in a northwesterly direction 0.12 mile to a cul-de-sac. Length: 0.12 mile Right of way: 50 feet Total length: 0.12 mile Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements 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 200, dated June 22, 1987 and is guaranteed. RESOLUTION WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Titus Creek Estates, 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 Titus Creek Estates Subdivision. 1. Titus Court: Beginning at a point on State Routs 665, 0.39 mile east of its intersection with State Route 668; thence running in a northeasterly direction 0.25 mile to a cul-de-sac. Length: 0.25 mile Right of Way: 50 feet Total length: 0.25 mile Unrestricted rights of way fifty {50j feet in width and additional rigght of way for the cul-de-sacs, along with the necessary drainage easements 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 185, dated May 8, 1987 and Plat Book 13, page 298, dated February 16, 1988 and is guaranteed. Linda A. Bean, Director of the Department of Social Services, read and asked the Board's approval of the following resolution: RESOLUTION WHEREAS, Section 63.1-40 of the Code of Virginia allows the governing body of the County to appoint the officer in 1 ~I ~J 1 *4 80QK ~~ ~-,:Gr~ ~ ~ charge of the Department of Social Services to serve as its board; and WHEREAS, Section 63.1-43.1 then requires the appointment of an advisory board of from five to thirteen members; and WHEREAS, existing Social Services Board wishes to expand its membership and redirect its emphasis from fiscal responsibility to program advocacy; and WHEREAS, the greater humanistic approach to problematic resolution can be achieved through the creation of an advisory board; NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Social Services Board respectfully requests it henceforth be designated advisory, that its membership be increased from five to ten members, and that the Director be designated as the Board. Mrs. Bean recognized the following Social Services Board members who were present at the Board meeting: Colonel V. Oliver Wooster, Chairman; Mary Buckner, Vice Chairman, Willie James Hill and Joel C. Bradshaw, Jr. Colonel Wooster gave a presentation relative to the rationale for requesting the changes. Mrs. Buckner askew the Board's favorable consideration of the resolution. County Attorney Crook asked if the proposed resolution had been adopted by the Social Services Board, to which Mrs. Bean replied "No". County Attorney Crook stated ft would be necessary for the Social Services Board to adopt the resolution prior to Board of Supervisors action. On motion of Supervisor Turner, the Board voted unanimously (4-0) to table action on the proposed resolution until September 21, 1989 to provide the Social Services Board time to adopt the resolution. // Chairman Bradby called for consideration of the following ordinance: An amendment to the Zoning Ordinance of Isle of Wight County to add the classification of Historic District H Zoning to the following described property, which shall be an addition to the present zoning of said property: Beginning at a point on the center line of Route 258, 450'+/-, southwest of the intersection of Route 258/692 and running northwesterly perpendicular to Route 258 a distance of 1,025 feet from the center line of Route 258 to a point in an open field; then southwesterly parallel to Route 258 a distance of 1,000 feet to a pin located 949.97 feet off Route 258 (being respectively, the northwestern and rear B-1 1 sooK 14 ~hir41V zoning district lines of~land now or formerly owned by Katherine B. Walls and George F. Walls); then S 48 degrees 34' 44" W, 32.31 feet to a pin; then S 28 degrees 29° 48" W, 295.01 feet to a pin; then S 23 degrees 37' 25" W, 166.64 feet to a point; then S 23 degrees 37' 25" W, to the center of the run of Cooke Swamp; then southerly along the center of the run of Cooke Swamp to the center line of Route 258; then continuing southerly along the center of the run of Cooke Swamp to a point 800 feet off the eastern side o! Route 258; then northeasterly along a parallel line to Routs 258 for a distance of 2,000 feet +/- to a point directly opposite the point of beginning on Route 258; then northwesterly a distance of 825 feet to the center line of Route 258, the point of beginning. W. Douglas Caskey, Assistant County Administrator/Community Development, stated the proposed ordinance is in terms of an amendment to create a historic district around the Courthouse Complex in accordance with Article 8A of the Zoning Ordinance. Mr. Caskey stated he recommended the Board approve the proposed ordinance. Owen Smith, Chairman of the Architectural Review Committee for Isle of Wight County and member of the Isle of Wight Historical Society, stated Isle of Wight County has more historical value than any other county in the State of Virginia. Mr. Smith continued stating it is not the intent of the Committee to disrupt any buildings in the area and the Committee feels it will be an advantage to approve the proposed amendment. County Attorney Crook pointed out to the Board that there were letters of opposition from landowners on the east side of Highway 258 filed with the application. Supervisor Ross questioned County Attorney whether the Board could rezone the area on the west side of Highway 258 only. County Attorney Crook replied that the Board could reduce the area and go ahead with the rezoning action but could not increase the area nor rezone area not included in the advertised property description. Following discussion and on motion of Supervisor Turner, the Board voted unanimously (4-O) to table action on the proposed amendment to the Zoning Ordinance relative to the Courthouse Historic District H Zoning until the September 21, 1989 Board meeting. // County Attorney Crook advised the Board that he had discussed the matter by telephone with Supervisor Edwards, who is hospitalized, and he suggested the matter be tabled until the next meeting so that Supervisor Edwards could be present and to allow time to study the revised proffers. County Attorney Crook further stated that he had discussed this with Rodham T. Delk, Jr., attorney for the applicants, who stated that his clients I~ 1 1 BQIR ~~ ~N~r i~i.~ 1 were agreeable to tabling action until the next regular Board meeting. Supervisor Turner moved the Board table action on the application of Olde Town Real Estate, Inc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-3, Conditional Townhouse Residential District, approximately 255 acres of land located on the east side of Route 704 between Route 704 and Jones Creek, fn Newport Magisterial Distr~ct. The vote in favor was unanimous (4-O). The Chairman called for the Board's consideration of the following rezoning applications: 1. The application of John R. Spivey, et al for a change in zoning classification from A-1 Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately l4 acres of land located on the west side of Route 612, between Routes 609 and 633, in Windsor Magisterial District. The purpose of the application is for no more than five single family residential lots, including the existing parcel and proposed addition thereto. Ed Moyler, attorney representing the applicants, appeared and stated the Planning Commission voted to recommend approval (8-1) of the application and asked the Board's favorable consideration. 1 Supervisor Bradshaw expressed concern relative to the 30 feet right-of-way, stating he felt it should be 50 feet. Following discussion and on motion of Supervisor Bradshaw, the Board voted unanimously (4-0) to approve the application of John R. Spivey, et al for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 14 acres of land located on the west side of Route 612, between Routes 609 and 633,- in Windsor Magisterial District. 2. The application of Lotz Realty Company for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 30 acres of land located on the north side of Route 620, between Routes 655 and 258, in Newport Magisterial District. The purpose of the application is for a single family dwelling subdivision of no more than 24 lots. A. L. Jones, II, attorney representing the applicant, appeared and stated the applicant had purchased two parcels of land in the last 12 to 18 months consisting of 25 and 75 acres parcels. A portion of the 75 acres will not perk, stated Mr. Jones. Mr. Jones distributed a diagram of the proposed subdivision development, and stated he had talked with Mr. Coates, the Resident Engineer of the Virginia Department of Transportation, who does not foresee a problem if the applicant 1 800K 1~ ~;;:::~1'] waits until the road improvement work has been done on Route 620. Mr. Jones further stated that the Planning Commission again recommended denial of the application basically because Mr. Lotz does not plan to install a central water system. Mr. Jones read the following proffers of the applicant: (1) Lotz Realty Company, Inc. proffers that the rezoning request to Conditional R-A, approximately 30 acres of land on Route 620 is for no more than 24 single family residential lots; (2) This rezoning shall be contingent upon the improvement and widening of Route 620 from the intersection with Route 258 to a point at the intersection of the newly constructed subdivision road required by this project and State Route 620. The improvement herein mentioned is that improvement planned by the Virginia Department of Highways in existence at this time. No plat of subdivision for this project shall be approved by Isle of Wight County for recordation until such time as the improvement and widening of State Route 620 contemplated by this proffer has been completed; (3) Lotz Realty Company, Inc. hereby agrees to pay $1,200.00 per lot to Isle of Wight County within thirty (30) days after it conveys a lot, the subject of this rezoning request, to a third party and (4) This rezoning request shall be considered by the applicant and by Isle of Wight County, if it so chooses, to be controlled by laws in effect in the State of Virginia as effective on July 1, 1989 and thereafter. This fact is true even though the application was filed prior to July 1, 1989. Supervisor Ross questioned the legal requirement for a central water system to which David J. Murphy, Public Utilities Director, replied the State law requires a central water system when the development consists of more than 15 lots. County Attorney Crook stated the County Code requires a central water system if the development contains more than 25 lots. Thomas Wise, resident on Route 620, appeared in opposition expressing concern relative to traffic, number of additional people moving into the area, school capacity, water system and the additional traffic on Route 620. Mr. Wise asked the Board to deny the application. Following discussion, Supervisor Bradshaw moved the Board table action until October 5, 1989 on the application of Lotz Realty Company for a change in zoning classification from A-1, Agricultural Limited, to Conditional A-1, Conditional Rural Residential, approximately thirty acres of land located on the north side of Route 620, between Routes 655 and 258, in Newport Magisterial District. The vote in favor was unanimous (4-0). // At 3:25 P.M. Supervisor Bradshaw moved for a recess which passed unanimously (4-O). The Board reconvened at 3:45 P.M. // Consideration of rezoning applications continued. 3. The application of Wilson S. Holland, Jr. fora change 1 1 ft BOGM ~ 4 ~h~' 4 ~ J in zoning classification from Conditional A-2, Conditional Agricultural General, to Conditional B-l, Conditional Business General, approximately one acre of land located on the east side of Route 258, between Routes 611 and 630, in Windsor Magisterial District. The purpose of the application is for specific business uses and to allow coin operated public amusements. 1 Wilson Holland, Jr. appeared. No one appeared in opposition. On motion of Supervisor Bradshaw, the Board voted unanimously (4-0) to approve the application of Wilson S. Holland, Jr. for a change in zoning classification from Conditional A-2, Conditional Agricultural General, to Conditional B-1, Conditional Business General, approximately one acre of land located on the east side of Route 258, between Routes 611 and 630, in Windsor Magisterial District. County Administrator Standish recommended amending the agenda to consider the Special Permit request of Wilson S. Holland, Jr. at this time. Supervisor Turner moved the Board amend the agenda to consider the Special Permit request of Wilson S. Holland, which passed unanimously (4-0). The request of Wilson S. Holland, Jr. for a penait to allow no more than five coin operated machines for public amusements on property located on the east side of Route 258, between. Routes 611 and 630, in Windsor Magisterial District. Supervisor Bradshaw moved the Board approve the request of Wilson S. Holland, Jr. for a permit to allow no more than five coin operated machines for public amusements on property located on the east side of Route 258, between Routes 611 and 630, in Windsor Magisterial District. The motion carried unanimously (4-0) . 1 4. The application of Edward Rae Scott and Deborah L. Scott to amend Conditional Industrial Limited zoning on 1.5 acres of land located on the west side of Route 654, between Routes 692 and 644, in Newport Magisterial District. The purpose of the application is to allow motor vehicle sales and the sale of motor vehicle parts. Edward Rae Scott appeared and. asked the Board's favorable consideration of his application. No one appeared in opposition. Supervisor Turner moved the Board approve the application of Edward Rae Scott and Deborah L. Scott to amend Conditional Industrial Limited zoning on 1.5 acres of land located on the west side of Route 654, between Routes 692 and 644, in Newport Magisterial District. The motion passed by unanimous (4-0) vote of the Board. 5. The application of Colonial Trading Center for a change 1 eo~~ 14 ~~~:r42~ iri zoning classification from A-1, Agricultural Limited, to Conditional M-1, Conditional Industrial Limited, one acre of land located west of Route 17 and south of Route 659, in Newport Magisterial District. The purpose of the application is to allow stock piling of landscaping materials, including mulch, stone, topsoil and fill and the retail sale of same. A. L. Jones, II, attorney representing the applicants, stated the applicants have not done any manufacturing since the last Board meeting and asked for the Board's favorable consideration. Carl Goodwin, adjoining property owner, appeared in opposition, expressing concern regarding the dust. Mr. Goodwin asked that the operation be moved further from his residence. Richard Cassell, nearby resident, asked Attorney Jones for a copy of the revised proffers. Mr. Cassell stated he was not in opposition unless there was something in the new proffers. Richard Cassell, Jr., adjacent property owner, expressed concern regarding whether the applicants would move the existing stock piles on the property and questioned what type of buffer would be erected. Following discussion Supervisor Bradshaw, moved the Board deny the application of Colonial Training Center for a change in zoning classification from A-1, Agricultural Limited, to Conditional M-1, Conditional Industrial Limited, one acre of land located west of Route 17 and south of Route 659, in Newport Magisterial District. The motion passed unanimously (4-0). // Thomas Fenderson, Sugar Hill resident, appeared and expressed concern relative to the recruitment and retainment of daytime volunteers for the Isle of Wight Volunteer Rescue Squad station. Mr. Fenderson feels printed handouts should be distributed rather than spending $21,000 for production of materials, newspaper ads and billboards. Mr. Fenderson also stated that he feels that the squad has not done a good job trying to secure members. // W. Douglas Casket', Assistant County Administrator/Community Development, presented the Following conditional use permit application for the Board's considerations 1. The application of Colonial Trading Center for a conditional use permit to locate an office trailer on one acre of land located west of Route 17 and south of Route 659, in Newport Magisterial District. C1 1 eo~K 14 ~h~:~421 Mr. Caskey recommended that since the Board denied the rezoning application request of the Colonial Trading Center that they also deny the conditional use permit request. 1 On motion of Supervisor Bradshaw, the Board voted unanimously (4-0) to deny the application of Colonial Trading Center for a conditional use permit to locate an office trailer on one acre of land located west of Route 17 and south of Route 659, in Newport Magisterial District. Supervisor Turner moved the Board approve the following interim utility agreement between Brewer Creek Partnership and Isle of Wight County relative to the development of a residential subdivision known as Brewers Creek Subdivision. The vote in favor was unanimous (4-0). AGREEMENT This agreement made this 18th day of August, 1989 by and between Brewer Creek Partnership, a Virginia General Partnership, party of the first part hereinafter known as "Brewer Creek" and the County of Isle of Wight, Virginia, party of the second part hereinafter known as "County". WITNESSETH; That whereas Brewer Creek is in the process of developing a residential subdivision known as Brewers Creek Subdivision in the Newport Magisterial District of Isle of Wight County, Virginia and WHEREAS, according to the plans specifications and representations made to County by Brewer Creek, the subdivision was to have a central water system; and WHEREAS, because of certain new regulations imposed by the Virginia Department of Health requiring the installation and testing of a fluoride treatment system, the installation of said water system in said subdivision has been delayed; and 1 WHEREAS, certain efforts have been made by Brewer Creek to install the water system in accordance with the plans and specifications delivered to said County; and WHEREAS, certain of the lots in the said subdivision have been sold and in fact at least two lots have been improved with single family homes after the issuance of building permits by said County; and WHEREAS, until such time as the permanent water system together with the fluoride removal system can be installed and approved by the Virginia Department of Health the parties hereby agree as follows pursuant to mutual covenants and promises as set forth herein: 1. It is recognized that Messner Construction Company has erected two single Family dwellings on lots 32 and 36 in said subdivision. It is understood and 1 1 eoo~ 14 ,,;;;~4?~ agreed that these two structures will be allowed to connect to the central water system and this and this agreement will specifically prohibit the sinking of individual wells to serve these two lots. Further, the County will, upon connection to the water system, final inspection and approval issue certificates of occupancy for these two dwellings, subject to the provision of paragraph three below. 2. Brewer Creek shall move forward with all haste to install the approved hydropneumatic storage tank for the system within two weeks of its delivery to the site. Including the two connections or Messner mentioned in paragraph one above, the County shall approve only one more certificate of occupancy until this tank is in place and operational. 3. Both parties hereby agree that no more than fourteen lots shall be sold prior to water system approval and issuance of a provisional operating permit by the Virginia Department of Health. It is understood and agreed that certificates of occupancy and future building permits for the said fourteen lots will be issued subsequent to the submittal of the progosed pilot test program to the Virginia Department of Health and not before. 4. Construction of the central water system shall meet all County specifications and standards even if redesign and retrofit are determined necessary. 5. The pilot test program will require the issuance of the Virginia Pollutant Discharge Elimination System Permit by the State Water Control Board prior to commencement of said program. 6. Brewer Creek Partnership agrees that the water system shall be operated and maintained by a qualified and experienced operator of such systems acceptable to the Virginia Department of .Health and the County Public IItilities Department. 7. Brewer Creek agrees that they shall not seek any vacation of plat, variance or any other deviation from the original proposal that was approved by said County. 8. It is understood and agreed that the present Surety Bond in the amount of $50,000.00 for the reverse osmosis system will expire on March 30, 1990. Brewer Creek agrees that said bond amount shall remain in effect until the Virginia Department of Health issues the operation permit for said system. 1 [l ~5 C This contract shall be binding upon the heirs administrators, executors, assigns and successors ~n interest of the parties and it is further agreed that the parties shall be governed in this contract by the laws of the Commonwealth of Virginia. // On motion of Supervisor Turner, the Board voted unanimously (4-0) to authorize County Attorney Crook to advertise for public hearing the amended ordinance relative to bingo games and raffles due to the number of changes in the State law. Supervisor Turner moved the Board authorize County Attorney Crook to advertise for public .hearing a proposed ordinance regarding adoption of hunting dogs. The motion carried carried with Supervisors Ross, Turner and Bradby voting aye and Supervisor Bradshaw abstaining. // On motion of Supervisor Turner, the Board voted unanimously (4-0) to adopt the following resolution to the Virginia General Assembly regarding consideration of NFPA Standard 1500. RESOLUTION TO THE VIRGINIA GENERAL ASSEMBLY REGARDING CONSIDERATION OF NFPA STANDARD 1500. WHEREAS, the Technical Committee on Fire Service Occupational Safety and Health has prepared the National Fire Protection Association Standard 1500; and WHEREAS, the original intent of the NFPA 1500 was to provide the framework for a safety and health program for a fire department or any type of organization providing similar services; and 1 WHEREAS, NFPA Standard 1500 requirements would result in substantial increases in cost to local volunteer fire departments and to local governing bodies; and WHEREAS, funding for equipment, insurance, and general operational expenses are already becoming an increasing burden to the local fire departments and the localities who support them; and WHEREAS, the Volunteer Fire fighters of Isle of Wight County have indicated that the adoption of NFPA 1500 would also result in loss of manpower and possibly result in the elimination of volunteer fire companies as they now exist. NOW, THEREFORE, BE ZT RESOLVED, by the Board of Supervisors of Isle of Wight County that the 1990 Session of the General Assembly be requested to take into consideration the significant impact that such a Standard could have on rural volunteer fire companies and that NFPA 1500 be considered as guidelines for services rather than mandated ~'J l ~ soon ~.~ ;~.:~4?e requirements. Countyy Administrator Standish introduced Rick Schoew, representaive of Group III Communications, who gave a presentation regarding the concept of rescue squad recruitment and retainment of volunteer members. Mr. Schoew stated the estimated cost of the project would be $20,000 to $22,000 for the production of materials, newspaper ads and billboards. Following discussion `and on motion of Supervisor Turner, the Board voted unanimously (4-0) to table action on the concept of rescue squad recruitment until the October 5, 1989 meeting in order to provide County staff an opportunity to meet again with th squads and the Towns of Windsor and Smithfield regarding same. Supervisor Turner moved the Board adopt the following resolution designating September 17-23; 1989 as "Emergency Medical Services Week" in Isle of Wight County. The motion carried unanimously (4-0). RESOLUTION DESIGNATING SEPTEMBER 17-23, 1989 AS "EMERGENCY MEDICAL SERVICES WEEK" IN ISLE OF WIGHT COUNTY WHEREAS, the members of emergency medical services teams devote their lives to saving the lives of others; and WHEREAS, emergency medical services teams consist of emergency physicians, nurses, emergency medical technicians, paramedics, educators, and administrators; and WHEREAS, the geople of Isle of Wight County benefit daily from the knowledge and skill of these trained individuals; and WHEREAS, advances in emergency medical care increase the number of lives saved every year; and WHEREAS, the professional organizations of providers of emergency medical services promote research to improve and adapt their skills as new methods of emergency treatment are developed; and WHEREAS, the designation of Emergency Medical Services Week will serve to educate the people of Isle of Wight County about accident prevention and what to do when confronted with a medical emergency; and WHEREAS, it is appropriate to recognize the outstanding accomplishments of the Windsor and Isle of Wight Rescue Squads by designating Emergency Medical Services Week. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that September 17-23, 1989 is hereby designated as "Emergency Medical Services Week" in Isle of Wight County, and all citizens are urged to recognize and acknowledge the unique life saving activities of those special and dedicated individuals •involved in the 1 1 C BO~a ~4 ~h~:~425 lfeld of emergency medical services. On motion of Supervisor Turner, the Board voted unanimously (4-0) to provide funds for the replacement of the doors at the Isle of Wight Rescue Squad building at a cost not to exceed $3,450. 1 1 Supervisor Turner moved the Board adopt the following resolution to appropriate $16,040 from the Commonwealth of Virginia for the Drug-Free schools and communities program. The vote in favor was unanimous (4-0). RESOLUTION TO APPROPRIATE SIXTEEN THOUSAND FORTY DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE DRUG-FREE SCHOOLS AND COMMUNITIES PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Drug-Free Schools and Communities Program; and WHEREAS, the funds in the amount of sixteen thousand forty dollars ($16,040) need to be appropriated to the School operating fund in the 1989-90 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 sixteen thousand forty dollars ($16,040) be appropriated to the School Operating fund, Drug-Free Schools and Communities Program line item in the 1989-90 School 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. On motion of Supervisor Ross, the Board voted unanimously (4-0) to award Korman Signs, Inc., of Richmond, Virginia, the street signs and house numbering contract, in the amount oP $40,800, regarding the street/road naming project, and authorized execution of the appropriate contract. Supervisor Bradshaw moved the Board approve the name of Bows and Arrows for Route 641 from Route 603 to Route 258. The motion passed by unanimous (4-0) vote of the Board. Supervisor Turner moved the Board direct County Attorney Crook and County Administrator Standish to work with The Durrant Group/Spady & Spady relative to consideration of amending the existing contract, and changing the scope of services to provide for architectural and engineering services and alternatives assessments regarding the Clerk's office renovation, County's law enforcement space and new communications center and the County's Public works maintenance facility. The vote in favor was unanimous (4-O). BOGK 1~ rhC~4?~ On motion of Supervisor Ross, the Board voted unanimously (4-0) to authorize the execution of the appropriate documents relative to the Southeastern Public Service Authority's SSPSA) renegotiation and restructure of their bond financing, in an effort to save $40 million. Supervisor Ross moved the Board approve the request oP the Recreational Facilities Authority to donate a surplus flag pole to the American Legion Post 25, in Norfolk, Virginia, with the conditions that Post 35 will be responsible for removing and transporting the pole from County property and a letter be submitted by Post 35 releasing the County of any liability while the dole is being removed and/or transported. The motion carried unanimously (4-0). Supervisor Turner moved the Board approve the change orders regarding the Virginia Outdoor Recreational project as requested by the Town of Smithfield and voted to share 80$ of the costs (less than $6,000) involved for same. The vote in favor was unanimous (4-0). On motion of Supervisor Ross, the Board voted unanimously (4-0) to install a burglar alarm system in the new County library located in Smithfield and pay 80$ of the cost (approximately $1,500). Supervisor Turner moved the Board approve the purchase of two new heavy duty pickup trucks, cost to be accommodated within the budget, for the Public Works Department, as well as the disposition of three vehicles; namely: old white K-car station wagon, the old blue van and the old four wheel drive landfill truck. The motion passed by unanimous (4-0) vote of the Board. Judy A. Begland, Economic Development Coordinator, gave the Board a status report on progress of the referendum, to be conducted in November, regarding the possibility of having horse racing in the County. Mrs. Begland stated the necessary signatures had been secured to place the referendum on the ballot. Mrs. Begland also gave the Board a status report on the progress of the Norfolk/Southern's rail/coal facility pro ect and asked the Board for support in obtaining engineering sere ces. On motion of Supervisor Turner, the Board voted unanimously (4-0) to authorize County staff to develop and disseminate a RPP for environmental engineering consultant services which may be useful if and when Norfolk/Southern decides to proceed with their rail/coal facility project. Supervisor Turner moved the Board authorize the County staff to develop and disseminate RFP's for financial consultant services for impending bond issue, jail project and other anticipated capital projects. The motion passed unanimously (4-0) . // G' 1 1 ~t B'l~M ~~ .n~,~4;,,,7 Supervisors Turner and Bradshaw expressed concern regarding the trash collection system in the County. Following discussion, Supervisor Ross moved the Board direct County staff to study and research alternatives to improve the trash collection system in the County. The vote in favor was unanimous (4-0). // J On motion of Supervisor Ross, the Board voted unanimously (4-0) to appoint Joel C. Bradshaw, Jr. to the unexpired term of John E. Rose, Jr. (deceased) as a member of the Isle of Wight County Public Service Authority representing Carrsville Election District. Supervisor Turner moved the Board direct County staff to draft a letter of appreciation to the John E. Rose, Jr. family for Mr. Roses dedication and support to the County. The vote in favor was unanimous (4-0). // On motion of Supervisor Bradshaw the Board voted unanimously (4-0) to direct the Public Ut~lities Department to .evaluate the request of an industrial facility to develop a $1 million facility within the County. // On recommendation of County Attorney Crook and motion of Supervisor Turner, the Board voted unanimously (4-0) to approve the August 3, 1989 minutes of the Board of Supervisors. // At 5:55 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (4-0). ~~~ [] My es Stan is , C erc Henry H. Bra y~~irman ' ~