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02-07-1991 Regular Meeting~noK ~~ ;~G~~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY ONE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:OO P.M. The invocation was delivered by Chairman Bradby.. // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer of the Virginia Department of Transportation, stated bids have been received for the planned project on Route 665 in the Rescue/Battery Park area and that the apparent low bidder was the Alvin Dillon Contracting Company. Mr. Neblett continued it was a 90 day contract which should begin in May of 1991 and will consist of widening the existing road and easing of some of the existing curbs. Mr. Neblett reported that the project on Route 10 is continuing with the traffic being switched over to-the new section of the bridge to allow dismantling of the old section of the bridge and that the project is scheduled for completion in October of 1991. Mr. Neblett stated that he had been informed of the Board's concerns on Route 10 at the Plaza Shopping Center-and that he had requested the traffic engineer to look at the timing and cycles of the lights both at the shopping center and the intersection of Route 10 business. and had also requested the traffic engineer to include looking at the lights on Route 258 and-Route. 10 on the west side of town and the lights at Battery Park Road and Route 10 business. Mr. Neblett stated with regards to the speed limit.on Route 10, a speed study will be conducted within the next week or two. Chairman Bradby called for comments by the Board. Supervisor Bradshaw stated he had. been requested by Jackie Carr to see if the road could be fixed on Route 647 off of Route 2.58 and that he had informed Ms. Carr that the right of ways needed to be obtained. Mr. Neblett stated if the County could get the right of ways, the road could be put into the six-year plan. Supervisor Edwards asked the status of the gravel for the houses near the dumpster. Mr. Neblett stated he believed this had been taken care of. Supervisor Turner requested an up-to-date list of what right of ways have been acquired near the 711 and Route 10. Mr. Neblett stated he would provide Supervisor Turner with this. Supervisor Turner moved the Board adapt the following resolution: WHEREAS, Secondary .Route 694, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, 1 1 1 .: N~nK 14 ~~.;~23 which new road .serves the same citizens as the road so altered; and, WHEREAS, certain sections of the new road follows new locations, these being shown on sketch entitled, "Changes in Secondary System Due to Relocation and Construction on Route 694, Project 0694-046- _ 203, N501, dated at Suffolk, Virginia, October 19, 1990". .NOW, THEREFORE, BE IT RESOLVED: That the Board recommends that section of old location, i.e., Sections 1 and 3 shown in blue on the aforementioned sketch, a total distance of .172 Mi., be,: and the same hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia of 1950, as amended. AND, FIFRTHER, that Section 2 shown in red on the aforementioned sketch, a total distance of .248 Mi., be and hereby i added to the Secondary System of State Highways, pursuant to Section 33.1-299 of .the Code of Virginia of 1950, as amended. -The motion passed by unanimous vote (5-0). Chairman Bradby presented the following issues from the Transportation Safety Committee to Mr. Neblett: VDOT to consider installing a device to alert motorists of oncoming traffic at the Route 10/32 intersection in the Benns Church area as they turn; vehicles should be prohibited from making u-turns on Route 10 just north of the Route 10/32 intersection; and Mr. Rowland Lewis, a County resident, requested that a right turn lane be constructed for traffic turning off of Route 17 onto Route 661. i Mr. Neblett stated he would look into installing a device to alert .motorists of oncoming traffic at the Benns Church intersection and that regarding Mr. Lewis' request, VDOT was presently in tight financial constraints and it would be a matter of finding the money to accomplish the requests. Chairman Bradby called for citizens with requests for transportation matters. Robert P. Taylor, III stated there were three houses on Route 10, south of Route 620, who have as much as an eight-inch drop going into the yards and requested Mr. Neblett to check into the possibility of putting in some gravel. Mr. Neblett stated he would look into the matter.. // Chairman Bradby called for a public hearing on the following application: The application of Edna S. Turner and Richard L. Turner for a Conditional Use Permit to expand from fifteen acres to twenty acres. operation of a borrow pit for a period of five years, which is located on the east side of Route. 10, between Route .600 and Route 604, in Newport- Magisterial District. Chairman Bradby called for citizens to appear in favor. Caroline Burke, Vice President of Isle of Wight Materials, appeared in favor stating the purpose of the excavation permit for removal and disposal of material for the creation of an irrigation lake and that the permit is to extend the existing pit operation. Supervisor Edwards asked Ms. Burke how long has it been since the pit has been in operation and how long since any dirt has been removed? Ms. Burke replied five years and that no excavation had taken 2 b eo~~K 14 ,~.;r8~4 place since the permit expired in October of 1990. Chairman Bradby called for citizens to speak in opposition. Charles Green appeared expressing opposition stating the site was an eyesore. Robert. P. Taylor, Jr. appeared expressing opposition stating he was opposed to the pit-when it was first approved five years ago. Mr. Taylor stated he was not sure if this permit was a new one or a renewal. County Attorney Crook stated the application was advertised and. considered by the Planning Commission as a new application without any recommended conditions other than what was in the application itself. Mr. Crook advised that when the permit expired in October of 1990, operation should have ceased until a new permit was issued by the Board. Robert P. Taylor, III appeared in opposition stating he would like to know what the conditions were for the last permit. County Attorney Crook replied he would look•for the conditions of the permit and requested the Community Development Director to provide the County file. Chairman Bradby stated that the Board could proceed with the next public hearing and when the conditions were located, the Board could return to the application. Supervisor Bradshaw moved the Board move the following public hearing up to the present point of the agenda: The application of James W. and Pearl B. Jones for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential approximately 6.5 acres of land located on the south side of Route 633, east side of Route 641 and west side of Route 688, in Windsor Magisterial District. The purpose of the application is for no more than five rural residential lots. The motion passed unanimously (5-0). Chairman Bradby called for citizens to speak in favor. James W. Jones appeared. Chairman Bradby called for citizens to speak in opposition. No one appeared. Supervisor Bradshaw moved the Board approve the application of James W. and Pearl B. Jones. The motion passed by unanimous vote (5-0). Chairman Bradby called for a public hearing on the following application: The application of Allie S. Gillespie, owner and Barricks Properties, prospective owner for a change in zoning classification from A-1, Agricultural Limited and A-2, Agricultural General to R-2, Residential General, approximately two (2j acres of land located on the west side of Route 17, between Route 661 and the Chuckatuck Creek, in Newport Magisterial District. The purpose of the application is for multi-family housing units. Chairman Bradby called for citizens to speak in favor. 1 1 3 *: d~PK ~.4 ~ H::~ 8'~ No one appeared. Chairman Bradby called for citizens to speak in opposition. Cindy Taylor appeared stating she was representing the residents of the Rol~.ingwood Subdivision in o application. Ms. Taylor stated she understood from 1County staff that the application has been withdrawn; however, she .would like to present a petition signed~by residents of the subdivision in opposition to,the application. 'Supervisor Turner moved the Board approve the request for withdrawal by the applicant. The motion passed by unanimous vote (5-O) . Chairman Bradby stated the Board would now go back to the first application of Edna s. Turner and Richard L. Turner for a new conditional use permit to expand from fifteen acres to twenty acres. the operation of a borrow pit for a period of five years which is located on the east side of Route 10, between Route 600 and Route 604,. in Newport. Magisterial District which is the site of an existing marl pit. w. Douglas Caskey, Assistant County Administrator/Community Development,. advised that the conditions of the original application and permit were that the owner of the excavation site shall be responsible for any damages caused by excavation activities to shallow wells serving residences along Route 604 as determined by a certified hydrologist; operation .hours of excavation shall be between the hours of 7:00 A.M. and 5x00 P.M., Monday through Saturday; and, the maximum duration of excavation shall not exceed five years from date of approval. Robert P. Taylor, Jr. .asked what was the difference between extending an application and renewing an application and stated that he thought the Planning Commission had.=considered the application as a renewal. County Attorney Crook stated he was present at the Planning Commission meeting and he thought they were- considering it as a renewal which is why he changed the wording on the notice to renewal, but that it was advertised for the Planning Commission meeting as a new application and that legally it did not have to go-back to the Planning Commission. 1 Grace Keen appeared in opposition and presented an aerial p'cture of the site. Chairman Bradby called for comments by Board members. Supervisor Edwards stated the operator has other pits in the County and asked Mr. Caskey if the operator was complying with the borrow pit ordinance for. the other .pits. Mr. Caskey .replied that in September of 1990 the County underwent a process of "unwavering" and put the responsibility of enforcement back with the Virginia Department of Mines, Minerals and Energy. At that .time, a series of inspections was made Countywide by County staff and that points .were noted at a number of pit operations throughout the County indicating that there were things that the Virginia Department of Mines, Minerals and Energy would have to check through their permit to see if they were in compliance. Mr. Caskey continued that checks are periodically made and when problems are found the County deals. with the problems with the individual operator. Mr. Caskey stated he did not know of any immediate violation problems with a pit owned by Mr. Turner; however Mr. Turner had assumed ownership of the. Floyd B. Smith borrow pit which has items cited in regards to items being stored on site, equipment, etc., and that he would have to check with the Code .Enforcement Officer to see. if the problems have -been 4 w addressed. Mr. Turner stated that the Floyd B. Smith application wad in Floyd Smith's name and the application is still under his name as an operator and that the only change is the ownership of the land. Mr. Turner continued that he has asked for direction from the County in the reclamation plan and that the pit is not currently in operation. Mr. Turner stated Mr. Smith had previously used the property to store his equipment and that he is in the process of complying with what was requested and that Mr. Turner has also made a request with the County to bring the new ownership into compliance with what should be done with the reclamation plan. Supervisor Edwards asked if the other pits owned by the applicant were in compliance with the County's ordinance. Xim Bowen, Code Enforcement Officer for Isle of Wight County, stated that to her knowledge, some of the pits are in compliance with the County's ordinance and some are not. Supervisor Edwards asked how many pits of the applicant were in violation of the County Ordinance requirements and Ms. Bowen replied three. Supervisor Edwards asked what were some of the problems. Mrs. Bowen stated one of the existing problems is that it looks like more land was being disturbed than what the permits were issued for and- the storage of materials such as pipes and a gas tank in and around one borrow pit site. Supervisor Edwards asked Mrs. Bowen which pit has more land removed than the permit stated could be removed. Mrs. Bowen stated there were three pits involved. Supervisor Bradshaw asked County Attorney Crook to clear up the matter of whether the application is a renewal. or a new application. County Attorney Crook stated the application was filed as a new application and when the Planning Commission considered the application it was considered as an existing pit with an application to extend the area from fifteen acres to twenty acres. As a result of the way the Planning Commission considered it, County Attorney Crook assumed it was a renewal application and therefore the advertising was changed to a renewal. When it came before the Board of Supervisors, Supervisor Edwards brought up the fact that a renewal was dated subsequent to the termination of the. original permit and therefore it could not be a renewal. Mr. Taylor has now brought up the fact that the Planning Commission was considering the application as an extension and that if the Board of Supervisors wanted to clear the matter up, the Board could refer it back to the Planning Commission, but legally the Board did not have to because it was legally advertised as a new application. Mr. Turner stated he had received legal advice from his counsel on whether the application was a renewal or new application and that it was advertised as a new application and that it was also stated in the explanation of the permit that the same material and same conditions that applied to the previous permit would apply to the new application. Mr. Turner confirmed that no excavation had occurred since the expiration of the permit in October of 1991 although trucks had hauled stockpiled material from the site. Supervisor Edwards stated he would prefer to table the matter until the County Code Enforcement Officer had time to determine if the pit is in compliance with the County ordinance. Supervisor Bradshaw moved that the Board approve the application of Edna S. Turner and Richard L. Turner with the previous conditions. The motion passed (3-1) with Supervisor 5 1 L f~ Edwards voting in opposition to the motion. Supervisor Turner abstained from voting on the motion. // Chairman Bradby called for Citizens Comments. No one appeared. // At 3:00 P.M. Supervisor Bradshaw moved the Board take a ten minute. recess. The motion passed by unanimous vote (5-0j. At 3:15 P.M., upon returning to open session, Supervisor Ross moved the Board move Old Business up to the present point of the agenda.. The motion passed by unanimous vote (5-O). Chairman Bradby called for the following Old Business: Consideration of alternatives for the Northeast Development Service District and a resolution of the Board of Supervisors of Isle of Wight County to Adopt a Comprehensive Plan. Chairman Bradby called .for comments. County Administrator Standish passed out .material regarding the Development Management District which reflected comments from the January 30,.1991 meeting between the Board of Supervisors and the Smithfield Town Council. Supervisor Ross .stated it was discussed at the .January 30, 1991 meeting that this material would be prepared for the Board of Supervisors' members. as well as the members of the Smithfield Town Council and that it would be discussed at the meeting today. Rodham T. Delk, Jr., Attorney for the Town of Smithfield, stated that the material passed out he assumed is an outgrowth of what was discussed at the January 30, 1991 and that at this point, the Town of Smithfield has not seen the material and hopes that the Board. will share it with the Town of .Smithfield before action by the Board to allow the Town to have some input. Supervisor Turner stated that the material presented today was not prepared in time to share it with the Town of .Smithfield, but the general proposal discussed on January 30, 1991 .was that it be a public hearing to allow the Town of Smithfield the opportunity to present its views and that the public also have the opportunity to present their thoughts. County Attorney Crook stated he had a problem with some of the language in the proposed Development Management District .because of the enabling statutes. County Attorney Crook .stated that although .the County can have Town of Smithfield input at .the Planning Commission level, the Board of Supervisors has the governing responsibility for that- area solely and the way the proposal is worded it gives the impression that the Board of Supervisors is going to consult with the Smithfield Town Council before making a decision. Supervisor Turner stated. that the Comprehensive Plan was. being held up and that he would encourage getting on with it because the Planning Commission needed the Plan to work with on decisions being made every month. Supervisor Turner suggested that the' Comprehensive Plan be prepared .for the February 21, 1991 meeting to allow it to be advertised properly for a public hearing. Chairman Bradby stated that at the January 30, 1991 meeting it was agreed that the two governing bodies would work together to create a unity between the two and bring into being the kind of 6 ~a~K 14 ~~u~~28 plan around the .Town of Smithfield which would be agreeable to both. Supervisor Turner moved that the Board direct the County staff to bring back a Development Management District and the proper wording on how it is addressed in the Comprehensive Plan so that it can be properly advertised for a public hearing. The motion passed by unanimous vote (5-O). Chairman Bradby called for the following Old Business: The application of Norfolk and Western Railway Company for a Special Permit for construction and operation of railroad facilities, including but not limited to coal ground storage on 913.681 acres of land, more or less,. located east of Route 610, east of Route 609, north of Route 632, west of Route 607 -and southwest of the Norfolk and Western Railroad, in Windsor Magisterial District. A portion of Route 608 crosses the proposed site. The purpose of the application is for the construction and operation of railroad facilities to include coal ground storage facilities. County Attorney Crook stated that this was not a public hearing,. but is for the purpose of determining what conditions the Board will impose under the Special Use Permit and that he had made a composite list of the conditions which are from staff and Norfolk Southern which were given to him to take out the items the Board could not impose. County Attorney Crook continued that some of the conditions are the same as the original proffers on the conditional zoning that relate to operation. County Attorney Crook summarized the conditions as suppression of dust and to preserve air quality; extension of natural buffer; biological survey;. requires material to be stored on site in an environmental safe manner; recycling of water, testing of water and a well mitigation program; transportation study; noise levels in the area and an report to the County that it will comply with the EPA's noise level requirements; compliance with all applicable conditions which would be the conditions of the .amendments zoning and the conditions listed. herein; compliance with all agencies concerning wetlands; safety design and operation to minimize fire, and safety hazards; traffic impact analysis; and, compliance with all statutes, ordinances and regulations, Federal and State and local governments. County Attorney Crook stated that the railroad has reviewed the above conditions and is agreeable.. Supervisor Edwards stated in Condition Number 5 it states "in accordance with a well mitigation program" and that he thought the condition should read "in accordance with the well mitigation program". County Attorney Crook stated he thought it should read "the mitigation program" as well and that the County has a well mitigation program which is incorporated in with the conditions. Supervisor Edwards asked County Attorney Crook what the sanction is for violation of a special Use Permit? County Attorney Crook stated that the permit ,can be revoked and that the County normally will issue a show cause if the Board is considering revoking the permit because of violation which results in the applicant having to come before the Board and explain the efforts and also take remedial action. Supervisor Edwards asked if Norfolk Southern violates statutes in addition to the sanctions that they might have through an agency do they also run the risk of having the special use permit revoked? County Attorney Crook replied yes that the Board could shut the operation down. 1 7 ., Supervisor Ross asked about Condition Number 6 referring to the conditions of proffer Number 15 herein. County Attorney Crook stated that the language was no longer applicable because some proffers that could not be included were included and those proffers were removed and that the last sentence in Condition Number 6 should be deleted. Supervisor Turner stated that although this was not a public hearing that due to the size and magnitude of the matter he would move that the Board allow Attorney Powell to be permitted to address-,the Board. The motion passed by unanimous vote (5-0). Attorney Powell. representing Norfolk & Southern stated•he would clarify the reference to Condition 15 and that this condition was originally Condition Number 13 in the proffers with the. application far the special use permit. County Attorney Crook stated the Board could either delete it or .refer to proffer Number 13 of the conditional zoning. County Administrator stated that Mr. Neblett was present and may like to respond to the previous request of the Board regarding a possible cost for a grade separation at the intersection and also the feasibility of a warning system on the rail line. Supervisor Turner moved that the Board allow Mr. Neblett to respond regarding the above previous requests of the Board.. The motion passed by unanimous vote (5-0). Mr. Neblett approached the podium responding that the possibility of an overpass and underpass had been discussed at the Route 258 and Route 460 intersection. Both alternatives would take a considerable amount of study and estimates to come up with a realistic figure and that he could 'be better prepared if the Board would determine which alternative they wanted to. proceed with. County Administrator Standish stated that the Board had also requested the Regional Transportation Planner, Dwight Farmer, to analyze the data about the impact of the project. Dwight Farmer,- Transportation .Engineer with the Planning District Commission, appeared stating that County staff had asked him to review the work done by the consultant such as the traffic impact analysis. Mr. Farmer stated he had found no problems with their analysis and that the delay in traffic backups on Route-258 in the immediate future do not warrant the expenditure of funds that Mr. Neblett earlier addressed which would be several million dollars. Mr. Farmer continued that the Board would need to addreas the-long term problems with Route 258 .and its use as a major arterial north south as a mobility highway to move traffic north and south. The future actions dealing with what will come in the corridor in the future and any changes in rail activity may cause other problems not addressed today which cannot be ruled out and that the Board may wish to address in the near future either a grade separation or a bypass. Mr. Farmer stated that the a grade separation would cost possibly a few million dollars for a simple .grade separation and if the Board went to a bypass this would be even more expensive and the County would end up with environmental issues, etc., and grade separations would still need to be performed as well. County Administrator Standish stated the Board had also asked about some type of rail signalization where the rail company could be advised by emergency services in Windsor which would slow the train .down in emergency situations. Lynn Dutton with Norfolk and Southern responded that even if 8 1 UQ~K 1 S f~u~~!./p ~. the emergency services people at Windsor had a button they could push to create a red light at the track they would not know until they got to the intersection whether the train had been in the position where it could be stopped. Ms. Dutton continued that the rescue squad and the fire people would be best served by using the direct line to the train dispatcher who would know the exact location of the train and who would also be able to tell immediately whether the train could stop or slow down which would keep the emergency people from conflicting with each other at the grade crossing. County Attorney Crook stated that the Board had received a copy of a resolution from the City of Suffolk requesting that additional conditions be imposed by the Board and asked Ms. Dutton if she had seen these. Ms. Dutton stated she had received the additional conditions just. before the meeting .today and that she felt if Suffolk had a sincere desire on the part of the citizens they would have contacted Norfolk and Southern earlier and that all Norfolk and Southern's information had come from reading the newspapers and second hand after Suffolk writes to the Board. County Attorney Crook asked for her comment on the conditions. Ms. Dutton replied that a well mitigation plan has been submitted to Isle of Wight County which Norfolk and .Southern believes would also operate to benefit the citizens of Suffolk and that the monitoring wells will be required in appropriate locations by the State Water Control Board which will monitor both the withdrawal and groundwater discharge. Ms. Dutton continued that the State Water Control Board will inform Norfolk and Southern of their requirements regarding the treatment of the storm water and the design standards for storm water retention. Ms. Dutton stated that the study submitted regarding the traffic analysis included the two intersections in Suffolk nearest the facility and that the findings stated there would only be a delay of nine minutes at the Route 607 intersection.. Supervisor Turner stated that most of the concerns, as well as the mitigation plan, had already been addressed by Norfolk and Southern and his question was whether the residents in Suffolk would be protected under the mitigation plan. Ms. Dutton stated she believes this to be true. Supervisor Edwards asked if dispatchers are on duty twenty four hours a day and would Norfolk and Southern. be willing to have their dispatchers work with emergency personnel. Ms. Dutton replied yes. County Attorney Crook stated that his purpose in asking Ms. Dutton to address the concerns of Suffolk City Council was to demonstrate to Council that the Board of Supervisors was and had considered their concerns and were not disregarding them. Supervisor Turner stated the County needed to try to address all concerns and that he felt the Board had done so. Supervisor Edwards moved that the Board approve the conditions of the Special Use Permit as presented and revised today. The motion passed by unanimous vote (5-0). Supervisor Turner moved that the Board approve. the well mitigation plan. The motion passed by unanimous vote (5-O). // Chairman Bradby called for the Community Development report. 9 ... ~a.~~ 14 F~~~ X31. The application of Hartley and Anne Miller .for a Conditional -Use Permit to locate a mobile .home, to be occupied by Neal D. Miller, on two (2) acres of land located on the south -side of Route 600, in Newport Magisterial District.. W. .Douglas Caskey, Assistant County Administrator/Community Development, stated that the applicants had. requested that the above application be withdrawn. Supervisor Turner moved that the Board approve the request for withdrawal by the applicant. The motion passed by unanimous vote (5-0) . Mr. .Caskey stated that the County had. received .from the United States Department of Commerce, Bureau of the.. Census,. the 1990 census population counts which includes the census counts for all local governments within the State of Virginia. Mr. -Caskey presented the Board with a handout. showing the 1990 population counts for the County and surrounding localities.- // Supervisor Ros after the conclusion passed by unanimous s moved that the Board continue their mEeting of the Public Service. Authority. The motion vote (5-0). // Upon returning to open session, Chairman Bradby called for the County Administrator's report. Judy Begland, Director of Economic Development, stated that the Hampton Roads Planning District recently completed work on an industrial development study which was undertaken for Franklin, Southampton and Isle of Wight County. Mrs. Begland continued the focus of that research-was to identify the industries-which the. community could enjoy the highest level of success in recruiting and those industries which would provide the greatest payback in the form of-taxes and jobs. The study also evaluated industrial parks and the factors which result in their success. The highlights of the study""include manufacturing operations like Union Camp, Franklin Equipment Company and Smithfield Foods which still provide the basis .and strength of the local economy and it is anticipated that manufacturing will continue to do that at least through the first half of the 1990's. Ms. Begland stated that although trade and service employment has been concentrated primarily in the Franklin area, between 1985 and 1989 employment in these sectors has increased from 26~ to over 30$. With Isle. of Wight's proposed land use plan and its concentration on development service districts, the County should be able. to capitalize on growth in these. sectors as the population is focused in serviceable areas from a retail and service employment perspective. Mrs. Begland stated that the level of prosperity is particularly good for Isle of Wight's case and is measured by .individual income which has grown from 1970. at 87~ of the MSA level to exceed the MSA in 1984. Today, Isle of Wight's per capita income. is 2~ greater than the Hampton Roads area and manufacturing wages in Isle of Wight County has remained stable while the. five larger cities in Hampton Roads has seen significant increase. Mrs. Begland stated .that competitive wages in manufacturing will further enhance our ability to attract additional manufacturing operations and that Isle of Wight has provided more than 50~ of the labor pool for. the non- metropolitan southeastern Virginia area. The unemployment in the County has been higher than that of Hampton Roads .which is attributable to the labor forces being smaller and with larger industrial users, the County is more vulnerable to business cycles. Mrs. Begland stated that all of these reasons make it more important for the County to focus on diversifying .the County's 10 paeK 14 ~~~~~:3~ economic base~and that the proximity to Hampton Roads has offered jobs to local residents; however, as the County seeks to develop a diversified strong economic base that can support the future of -- the community, it is also evident that the County has several assets upon which to rely which include the availability and the cost of .land as well as the location which in some parts of the County is equally distant from the ports facilities in Southampton- Roads. and Interstate 95. Mrs. Begland stated that in other portions of Isle of Wight iz is centralized. through the Richmond and Southampton Roads markets and in the Northeastern Service District, the business market needs of the Hampton Roads region. The industrial targeting methodology used in this study considered the guideline of success and the economic benefit of business relocation and highlighted the industries that non-metro southeastern Virginia could target in their effort to bring new business to the community which included machinery, electronics, and transportation equipment. An effort was made on the part of the researchers to evaluate public sector investment in industrial parks and Isle of Wight is one of the few localities in the Hampton Roads region which does not control land resources for economic development. The County is just now beginning to seriously consider investment in water and sewer which is important in the success of any land to be set aside for industrial development and because of this Isle of Wight County has not been able to enjoy the benefit of industrial prospects which come to communities via the State Department of Economic Development. Those prospects are presently going to communities that offer the appropriate sites and infrastructure which makes business relocation in a competitive environment more feasible. Mrs. .Begland closed her presentation stating she was optimistic that the timing is near when the community will be in a position to make decisions and investments needed to guarantee Isle of Wight's economic vitality. Supervisor Turner moved the Board adopt the following resolution: RESOLUTION ESTABLISHING FEBRUARY 10-16, 1991 AS VOCATIONAL EDUCATION WEEK IN .ISLE OF WIGHT COUNTY WHEREAS, the American Vocational Association has designated the week of February 10-16 ,1991 as Vocational Education Week and the theme for Vocational Education Week is "Vocational Education: Classroom of the Future"; and, WHEREAS, vocational education supplies our country with a strong, well-trained work force, which enhances productivity in business and industry and protects America's leadership in the international marketplace; and, WHEREAS, vocational education serves individual citizens by enabling them to find satisfying careers that suit their own skills and interests, by providing technical skills that let them excel- in their chosen careers, and by teaching leadership skills that serve them on the job, at home and in the community; and, WHEREAS, vocational education enhances high school students' education by offering practical, meaningful applications of basic skills such as reading, writing, and mathematics, thus improving the quality of their education, motivating those at risk of dropping out, and giving all students the potential to become leaders in their fields and in their communities; and, WHEREAS, vocational education stimulates the growth and vitality of Isle of Wight's businesses -and industries and those of the entire nation by preparing workers for the occupations forecast to experience the largest and fastest growth in the next decade; and, WHEREAS, a strong vocational education program planned and carried out by trained vocational educators is vital to the future .economic development of our community and the well-being of its citizens. C 11 .: DON 14 r~~~8~33 NOW, THEREFORE,. BE IT RESOLVED that the Board of Supervisors of Isle of Wight County does hereby establish February 10-16, 1991 as "VOCATIONAL EDUCATION WEEK" and urge all citizens to .become familiar with the services and benefits offered by the vocational education programs in this community and to support and participate • in these programs as necessary to enhance their individual work skills. and productivity. The motion passed by unanimous vote (5-0). Supervisor Ross moved the Board ..adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND DOLLARS FROM•THE CAMP YOUNTS FOUNDATION FOR A GRANT TO THE CARRSVILLE.VOLUNTEER FIRE DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has received a grant from the. Camp Younts .Foundation for the Carrsville Volunteer Fire Department, and WHEREAS, the ,funds in the amount of two thousand dollars ($2,000) to be received from the. Camp Younts Foundation need to be appropriated to the Carrsville Volunteer Fire Department line item in the 1990-91 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 two . thousand dollars ($2,000) to be received from the Camp Younts Foundation be appropriated to line item 3202-560.4E Carrsville Volunteer Fire Department in the 1990-91 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. .The motion passed by unanimous vote (5-O). Supervisor Turner moved the Board adopt the. following resolution: RESOLUTION TO APPROPRIATE TWENTY-SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY FOR THE. SECTION 8 HOUSING PROGRAM WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has contracted with the Virginia Housing Development Authority for the Section 8 Program; and, WHEREAS, the funds in the amount of eighteen thousand four hundred dollars ($18,400) to be received from the Virginia,-.Housing Development Authority and nine thousand two hundred fifty dollars ($9,250) from the unappropriated fund balance -need to be appropriated to the Section 8 Housing Program line item in the 19.90-91 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by-the Board of Supervisors of Isle of Wight County, Virginia that eighteen thousand four hundred dollars ($18,400) to be received from the Virginia Housing Development Authority and nine thousand two hundred fifty dollars ($9,250) from the unappropriated fund balance be appropriated to line item Section 8 Housing Program, contracted services in the 1990-91 budget of the County of .Isle of Wight. BE YT FURTHER RESOLVED. that the County Administrator of Isle of 12 90QK 14 p~~:8~4 Wight County, 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. The motion passed by unanimous vote (5-O). Supervisor Turner moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY-NINE THOUSAND EIGHT HUNDRED FORTY-THREE DOLLARS FROM THE .COMMONWEALTH OF VIRGINIA FOR SOCIAL SERVICES DEPARTMENT PROGRAMS WHEREAS, the Social Services Department has received additional allocations from the Commonwealth of Virginia; and, WHEREAS, the funds in the .amount of fifty-nine thousand eight hundred forty-three dollars to be received from the Commonwealth of Virginia need to be appropriated to the Social Services Department 1990-91 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 fifty- nine thousand eight hundred forty-three dollars to be received from the Commonwealth of Virginia be appropriated to line items Jobs - Purchase Service ($25,661), .Employment Services - Administration ($13,914), Independent Living ($2,574) and Foster Care Prevention ($17,694) in the,1990-91 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. The motion passed by unanimous vote (5-0). Supervisor Ross moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE FOR OPERATING EXPENSES OF THE EQUALIZATION BOARD WHEREAS, the Circuit Court of the County of Isle of Wight, Virginia has appointed an Equalization Board to review parcels and determine that the assessment is equitable; and, WHEREAS, the funds in the amount of seven thousand dollars ($7,000) to be received from the unappropriated fund balance need to be appropriated to the Equalization Board part-time salaries and compensation line items in the 1990-91 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. seven thousand dollars be appropriated to the Equalization Board, part- time salaries ($3,100) and compensation ($3,900) line items in the 1990-91 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 and to do all the things necessary to give this resolution effect. The motion passed by unanimous vote (5-O). County Administrator stated that the Recreational Facilities Authority is requesting the acquisition of a vehicle in the current fiscal year in the amount of approximately $7,500 with the 1 1 13 r, BQOK 14 ~~~:~~~ proposition that the new vehicle will replace two existing vehicles which will be taken out of service and surplused. Supervisor Turner moved that the .Board comply with the request of the Recreational Facilities Authority relative to the acquisition of a vehicle in the current fiscal year.. The motion passed by unanimous vote (5-0). .County Administrator Standish presented an update. on the State and local economy stating that there were a number of reasons for the current recession such as softening of the real estate market, loss of consumer confidence, the war in the Persian Gulf, the drop in employment since March 1990, reduction in retail sales., smaller. population growth,' high consumer debt, recent military personnel transfer to the Persian Gulf as a result of the war, new vehicle registration which has dropped considerably, tourism, and a reduction in new .home sales. County Administrator Standish continued other recession indicators, are that the County is seeing a significant slow down in the rate of growth and sales taxes and other fees charged by .the County are decreasing and the County is also having to deal. with the problem of a significant amount ~ of delinquent taxes. County Administrator Standish concluded hi<s update recommending a 3.5~ reduction in local expenditures for the balance of the fiscal year and timely and. accurate financial reporting from the Treasurer and other .sources. County Administrator Standish also recommended for the next fiscal year no increase in the tax rates and no increase in'local funds to cover any reduction of State funds; hold all local funding to the current year levels; join other localities in petitioning the State to relax mandates to provide more local flexibility; defer or "phase" significant capital projects over future years; and., no new full time positions. Supervisor Edwards asked when the County would receive the containers for recycling. County Administrator Standish replied that the original igloo containers have been replaced with larger containers which are more practical. Donald T. Robertson, Assistant to the County Administrator, stated that the new containers are a larger version of the igloo containers previously requested from the Southeastern Public .Service Authority and it is a~larger container that can still be compartmentalized which will allow the County to continue to collect the same products collected now for the recycle Saturdays. Mr. Robertson informed the Board that the recycle Saturdays have become extremely successful and over the past two months the County has collected over three tons of material each Saturday and that it is impacting the amount of waste leaving Isle of Wight. County. Mr. Robertson stated it is also impacting the tipping fees and it is anticipated to become. even more successful in 1991. The County is expecting the containers to be in the County and in use by spring of 1991. // Chairman Bradby called for the County Attorney's report. County Attorney Crook requested an Executive Session under Section 2.1-344 A7 of the .Freedom of Information Act for consultation with legal counsel and staff members. concerning potential litigation, specifically Springfield Downs Subdivision; under Section 2.~1-344 A7 of the Freedom. of Information Act for consultation with legal. counsel and staff members concerning other specific legal matters requiring the. provision of legal advice by counsel, specifically Allendale Estate Subdivision; under Section 2.1-344 A7 of the Freedom of Information Act for consultation with legal counsel and staff members concerning actual or probable 14 BOOK 14 ra~'$~~ litigation, specifically the A.L. Meeks property; and under Sectfon 2.1-344 A3 of the Freedom of Information Act for consultation with legal counsel and staff members concerning-the acquisition of property for public use. Upon returning to open session, Supervisor Turner moved the . Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, 2.1-344.1 of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion passed by unanimous vote (5-0). Supervisor Turner moved the Board authorize the County Attorney to initiate legal proceedings against Crestar Bank surety on the Springfield Downs Subdivision to recover under the bond. The motion passed by unanimous vote (5-0). Supervisor Ross moved that efforts be undertaken to locate A. L. Meeks by County staff. The motion passed by unanimous vote (5- 0) . County Attorney Crook stated that the matter of the Allendale Estates Subdivision bond situation needed to be resolved by the Board and would require additional discussion and possibly information from the principals involved including Dominion Bank. Valerie Butler, .representative of Dominion Bank, stated that Allendale Estates had applied for a performance bond and one of the requirements of this bond was that Hanibal Herring and David Allen put up the money before the bond was issued. Ms. Butler continued Mr. Herring. and Mr. Allen had on deposit with Dominion Bank approximately $250,000 which was waiting to be paid to the contractor upon completion of the work to satisfactory levels. Chairman Bradby stated that the contractor is obligated to construct the road in a manner which will meet the State's requirements and at that time the road will be accepted into the State's system. Hanibal Herring, associate of Mr. and Mrs. Allen, owners of the Allendale Estates property, stated that an application has been pending with the Board for registration of a plat. Mr. Herring 15 •4 stated he had met with the Board several times and told that a Letter of Credit was needed. At the last meeting a proposal was submitted. to the Board that a performance bond would be issued naming the Board as a co-obligee and it was his understanding. that the performance bond was acceptable to the Board. A bond was then obtained from the bonding, company and it was agreed with the bonding company that the full contract price of the highway plus l0$ would be put up on the condition that they issue a bond to Allendale Estates Subdivision covering the performance by-Art Ray of a project consisting of improvements to Allendale Estates in accordance with plans and specifications approved by the Virginia Department. of Transportation and the Isle of Wight Community Development Department. Mr. Herring continued this means that all. the requirements of the County have been incorporated in the plans and specifications and the contractor agrees to perform, in accordance with these requirements. In addition, the surety agrees that should Art Ray default, the County can hold the surety and the County will be held harmless with respect to the development. Mr. Herring stated that they were .putting up the full. contract price of the road and have purchased a performance bond from a registered .insurance company in Virginia and that at the time the performance bond was agreed upon, there was some questions raised and it was at that time that they asked that County Attorney Crook's office be in .direct contact with the insurance .company. Mr. Herring stated he understood there was some conversation between County Attorney Crook's. office and the insurance company and County Attorney Crook indicated what was required which the insurance company. complied with. Supervisor Bradshaw stated that there should be language added to the agreement stating. that Dominion Bank would not pay Art .Ray until the road meets the State's specifications and accepted into the system. Supervisor Turner suggested that final payment to Art Ray should not be made until the project was accepted into the State Highway Department. Mr. Herring stated that the condition for acceptance into the. State Highway system is that there must be at least three residences built in the subdevelopment. Mr. Herring continued that the owners and his brother-in-law were presently in negotiations with. a contractor to build their homes there and that as soon as the plat is registered and deeds could be given to these people they will begin building and the requirements by the Virginia Department of Transportation can then be met which will allow the acceptance of the road in the system. Mr. Herring stated that if Dominion Bank paid Art Ray and then Art Ray defaulted on the contract the insurance company would then step in and make it good and that no payments would be made unless the progress has been certified by a licensed Virginia professional engineer. Supervisor Turner stated language needed to be added in the letter from Dominion Bank and in the bond that payments: and surety will be in effect until the road is accepted 'by the Highway Department. County Attorney Crook stated that the bonding- company liability is limited to the amount of money that i put in the bank and that the problem that they run into is that roads have been built according to the engineer's specifications and the roads have not been taken into the Highway Department's system for years resulting in their deterioration and then money has to be paid to bring them back up to the Highway Department's specifications and when they are taken in a maintenance bond has to be provided resulting in these costs falling,. in this case, on the County. County Attorney Crook continued that he-did not and does not advise the Board to deviate from the ordinance which calls for the cash bond which normally the County does not release until the road is accepted by the Highway Department. 16 ~QaK 14 f~u~$~8 Mr. Herring reminded the Board that at the last meeting he had offered to deposit the money in a bank to the credit of the County. Supervisor Turner stated that the Board is trying to seek a way by which the County is protected as well as the citizens and the bank. Mr. Herring stated that before a plat could be submitted to the County for registration, the plat had to be taken to the Virginia Department of Transportation who reviewed the plans and made appropriate changes and recommendations which were then. met and then the Virginia Department of Transportation signed off on the ,plans.. In addition, the Virginia Department of Transportation then stated there was sufficient money in the contract to pay for the work to be completed. Supervisor Turner asked County Attorney Crook if the additional language of tying it to the acceptance of the Highway Department's specifications help the County's. situation? County Attorney Crook stated that the Board would need to have the. contract between the contractor and Mr. Allendale say the road is built to the specifications of the Highway Department and accepted by the Highway Department rather than saying built to the engineer's specifications. County Attorney Crook stated this was also needed in the agreement between Allendale Estates and the County and in the letter submitted'by Dominion Bank. County Attorney Crook advised the Board that they were deviating from the County's ordinance, past-approved- procedures and a tremendous burden is-being placed on the Department of Community Development to bird-dog this construction and payments. David Allen stated that he knew the contractor was presently building roads in Wrenn's Mill on a Letter of Credit. Mr. Allen continued there was money on deposit with 10$ remaining after the road is built to take care of maintenance and a performance bond had been obtained from a certified professional engineer. Mr. Herring asked if it would be legal for the Board to go ahead and vote on a conditional approval. County Attorney Crook advised that the Board could not vote conditional approval and that the documents would have to be prepared and presented. to the Board for action. Supervisor Turner moved that the Board direct County Attorney Crook to format wording into the contract that the road will be built to specifications and accepted by the Virginia Department of Transportation and that the bank be advised of the wishes of the Board. The motion passed by unanimous vote (5-O). // Chairman Bradby called for Appointments. Supervisor Bradshaw moved the Board reappoint Edna R. King to the Isle of Wight Planning`Commission representing the Carrsville Magisterial District. The motion passed by unanimous vote (5-0). Supervisor Bradshaw moved the Board reappoint Robert Bishop to the Western Tidewater Community Mental Health and Retardation Services Board. The motion passed by unanimous vote (5-0). Supervisor Ross moved the Board appoint Edna Brooks Turner to the Library Board of Trustees to fill the unexpired term of James O. Syme, Jr. whose term expires in June of 1992. The motion passed by unanimous vote. (5-0). // 1 1 17 ~~ ~ i Chairman Bradby called for approval of the January 3, 1991 and January 9, 1991 minutes of the Board of Supervisors. Supervisor Edwards moved the Board approve `the January 3,1991 and January 9, 1991 minutes of the Board of Supervisors. The.: motion passed by unanimous vote {5-0). // Supervisor Edwards requested County Administrator `Standish to check to see if the lights were being left on during the night in the Courthouse complex. County Administrator. stated the cleaning crew was in •the building at late hours; however, he would check into the matter. // At 7:40 P.M., Supervisor Ross moved the Board adjourn. The motion passed by unanimous vote (5-0). -l, %~~ Myles E. Standish, Clerk ~. enry H. Br d y, Chairman