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05-03-1990 Regular MeetingeocK ~..4 ~~;:~ ~bn 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF MAY IN THE YEAR NINETEEN HUNDREA NINETY 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 Casket', Assistant County Administrator/Community Development Carey Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:00 P.M. Chairman Turner asked for a moment of silence in tribute to Lottie Little who had passed away and proceeded with delivery of the invocation. // Chairman Bradby called for Transportation matters. Mac Farland Neblett of the Virginia Department of Transportation stated he had nothing in particular to discuss at this time, but was available for questions and comments.. Supervisor Bradshaw stated that he thought it would be better to first cut the grass on Route 613 and then proceed with cleaning the ditches.. Supervisor Edwards requested that a speed limit study on Route 603 be undertaken. Supervisor Edwards continued that the ditches on Route 636, between the cemetery and the railroad track, needed to be cleaned out. Chairman Bradby stated he had received calls from citizens who wanted the possibility of guard rails being put up at Wrenn's Mill Road investigated. Chairman Bradby called for citizens with highway matters.. None appeared. // Chairman Bradby called for a public hearing on the General Obligation Bond Zssue. County Administrator Standish introduced Larry Wales of Municipal Advisors, Inc. Larry Wales stated the resolution being considered is a resolution .for the sale of an amount not to exceed $9,000,000 in general obligation bonds. Mr. Wales advised that the long term bond issue would be for $5, 000, 000 only with -the difference between the $9,000,000 and the $5,000,000 figure being that the regional jail construction program will require that the. County, during the construction period, fund their share of the jail, a sum of $7,458,000 and at the end of the construction period, half of the money will be reimbursed by the Commonwealth. Mr. Wales continued that during the construction period, there was a good possibility that the County would have to borrow on a short-terra basis, the additional $4,000.,000 to be reimbursed at the end of construction. Mr. Wales stated this was why the resolution indicated the $9, 000, 000 figure and that in the resolution, Section 3, the County will authorize rates not to exceed 9$ and the County should not expect to pay. 9$e for this money. Mr. Wales advised that in a competitive bid, dealers use various coupons to arrive at their bid 1 1 anrK 14:~':'S67 2 1 and the County does not want any coupon to exceed 9$ and that by using this, than Gounty will gat a very good bid. Mr, Wales continued that the resolution was stating that the County believes the interest rate to be born by the bonds to be at 7$ and in the market today, he believes the County could look for an interest rate of less than 7$. Mr. Wales continued the County was in excellent financial condition, well managed, and he believes the County will get a number of very good bids on the issue. Mr. Wales also stated that before the Board is a proposed schedule for the. bond sale and that all of the items in the schedule need to be accomplished, but not necessarily in the order grepared. Mr. Wales further stated the days 1-55 will be given a calendar date within the next week in order to arrive at a date in which it will be recommended that. the bids on the bonds be opened and County Administrator Standish will have this date for the Board and will try to have the opening of the bids to coincide with one of the Board of Supervisors board meetings. Chairman Bradby asked for public comments. No one appeared. Supervisor Turner moved the Board adopt the following resolution: A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS. OF ISLE OF WIGHT COUNTY, V3RGINIA, IN AN AMOUNT NOT TO EXCEED $9,000.,000 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: r--' III 1. The Board of Supervisors (the Board) of Isle of Wight County, Virginia (the County), hereby determines-that it is advisable to contract a debt and issue general obligation bonds of the County. in an amount not to exceed $9,000,000 pursuant to the Public Finance Act to ;provide funds, together with other available funds,. to finance the cost of the following projects Regional Jail - the County~s share of the cost of a regional_ jail to be shared with the Cities of Franklin and Suffolk $7,458,.000. Courthouse .Complex Expansion and Improvements - the construction and equipping. of an expansion to the County's Communications Center and the Circuit court Clerk's Office 942,000 Landfill Closeout - closure of the discontinued County landfill 600.000 TOTAL $9,000,000 Any amount not needed for any of such purposes may be used for any other of such purposes. 1 2. The bonds shall bear such dates, mature at such times not exceeding forty years from their dates, bear interest at such rates not exceeding .9$ per year, be in such denominations and forms, be executed in such manner and be sold at such times and. in such manner, including the sale of the same as one or more .separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, all as the Board shall hereafter provide by appropriate resolutions. 3. Pursuant to Section 15.1-186 of the Code of Virginia of 1950, as amended, the Board hereby estimates that the average rate, of interest to be borne by the bonds is 7$ per year and the amount of interest charges required to repay and retire the bonds is a~np~ 14..,~.~563 3 $3,675,000. In making this estimate the Board has assumed a 20- year debt retirement schedule providing for approximately equal annual payments of principal. 4. The bonds shall be general obligations of the County for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. The motion passed by unanimous vote (5-O). W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following applications for the Board's consideration: 1. The application of the Maude Lane Jordan Estate for a change in zoning classification from A-1, Agricultural Limited to R-A, Rural Residential, 0.9 acre. of land located on the south side of Route 644, between Route 620 and Routes 10 and 258, in Newport Magisterial District. The purpose of the application is for one (1) residential lot. Rodham T. Delk, attorney representing the estate, stated Maude Jordan died in April of 1989 and owned a farm on Route 644. Mrs. Jordan had six children and had conveyed over the last number of years by gift single family lots from the farm. Mr. Delk continued that Carlton Jordan, son of Mrs. Jordan, had agreed with his brothers and sisters to purchase Mrs. Jordan's home place .and because Mr. Jordan had already received another lot from Mrs. Jordan, this would not be considered a family transaction exempted from subdivision and zoning and because of the number of lots that have already been conveyed off of the farm, rezoning is required. Mr. Delk stated the Planning Commission recommended rezoning for this one lot. Supervisor Bradshaw moved the Board approve the application of Maude Lane Jordan Estate. The vote in favor was unanimous (5- 0) . 2. The application of Monette Investments Associates and Monette Informations Systems- Corporation for a change in zoning classification from A-1, Agricultural Limited and ,Conditional B- 1, Conditional Business General to Conditional M-1, Conditional Industrial Limited,. approximately five (5) acres (to be determined by survey) of land located off of Route 673, on the east side of a private lane known as Monette Parkway, between the James River and Tormentors Bay, in Hardy Magisterial District. The purpose of the application is for certain uses allowed under the M-1, Industrial Limited zone, as proffered.. Alan Monette, speaking on behalf of Monette Investments Associates and Monette Informations Systems Corporation, stated he had a business-enterprise underway which would be engaged in the mail order business. Mr. Monette continued that he was renovating and would like to use an existing facility for the purpose of helping to package and store products for distribution. Supervisor .Ross moved the Board approve the application of Monette Investments Associates and Monette Informations Systems. The vote in favor was unanimous (5-0). Chairman Bradby called for the public hearing on the. Ordinance to -Amend Section 4-4-1-5 of the Subdivision Ordinance of Isle of Wight County to Require Asphalt Pavement far Subdivision Streets. County Attorney Crook stated this is an amendment to the subdivision ordinance to require asphalt streets in R-1, R-2, and R-3 subdivisions. Mr. Crook further stated the street paving requirements for the rest of the subdivisions in other- zoning districts will remain the same. 1 1 1 4 Supervisor Ross moved the Board approve the following ordinance: AN ORDINANCE TO AMEND SECTION 4-4-1-5 OF THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY TO REQUIRE ASPHALT PAVEMENT FOR SUBDIVISION STREETS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 4-4-1-5 of the Subdivision Ordinance of Isle of Wight. County be amended to read as follows: 4-4-1-5. Construction requirements. In cases where Virginia Department of Transportation specifications are lacking or are less restrictive than the requirements of this .ordinance., .this ordinance shall prevail. The roadway shall be graded to thirty (30) feet, exclusive of side ditches.. • Base for pavement shall be at least twenty-four (24) feet in width and six (6) inches in depth and be of stone, gravel or other satisfactory material approved. by the Virginia Department of Transportation. Pavement width shall be a minimum of twenty-two (22) feet constructed of material pa:sing Virginia Department of Transportation specifications. .All interior streets within the subdivisions in areas zoned R-1 R-2 an R-3 and b tw e t , , , e e n he subdivision and the public road (maintained by the State Highway Department) shall be constructed with concrete curb and gutters in accordance with the Virginia Department of Transportation specifications. and standards and valley gutters for drainage where deemed necessary by the County agent. All such streets shall be constructed of a 1 1/2 inch asphalt concrete type SM-2A with rates of prime application to be in accordance with the Virginia Department of Transportation specifications. All subdivision streets in areas zoned other than R-1, R-2 and R-3, may be constructed with a pavement consisting of a bituminous oil primer treatment and double sealed treatment with rates of application to be in accordance with the Virginia Department of Transportation specifications. The grades of streets submitted on subdivision plats shall be approved by the agent upon recommendation of the highway engineer prior to final action by the agent. Wherever feasible, street grades shall not exceed ten (10) percent. The motion passed by unanimous vote (5-O). Chairman Bradby called for the public hearing on the Ordinance to Amend the Ordinance to Provide Standards for Naming Streets. AN ORDINANCE TO AMEND THE ORDINANCE TO PROVIDE STANDARDS FOR NAMING STREETS BE IT AND ZT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the ordinance to provide standards for naming streets; fabrication, erection and maintenance of street name signs and establishing a street address numbering system adopted by the Board of Supervisors of Isle of Wight County on October. 1, 1987 and amended August 17, 1989, is hereby amended as follows: 5 2. Administration (aj (Unchanged) (bj The Board of Supervisors shall establish street names following public hearings and only after recommendation by the Planning Commission. Any request for change of names of existing streets shall be made to the Planning Commission which shall be appropriate committee review same and then after public hearing make its recommendation to the Board of Supervisors. The Board of Supervisors shall again hold a public hearing upon any request for street name change prior to .making such a change. Any request for street name change of any existing street, private or public, shall require a petition signed by eighty percent (80$j of the landowners on said street accompanied by a fee of Four Hundred Dollars ($400) made payable to the County of Tsle of Wight'. A11 street names for new subdivision roads in new subdivision plats may be established by the agent. All street .names shall be in accordance with the guidelines established herein. County Attorney Crook stated that the Board had referred to the Planning Commission the matter of determining a policy to be followed for changing street names. The Planning Commission referred the matter to its street .naming subcommittee which recommended. this ordinance amendment which was approved by the. Planning Commission who is now recommending this amendment to the Board of Supervisors. Chairman Bradby called for public comments. Helen Haverty King stated that when the street naming came up, she believed the names would be of historical importance. Ms. Ring stated several citizens in Days Point suggested the name for Route 673 as Days Point Road, but that it came out as Aberdeen Road. Chairman Bradby stated he had a problem with the ordinance because of the $400.00 charge to change the name. Ms. Ring stated the sign for Morgans Beach 1s misspelled. Phyllis Bloxom, Rushmere resident, requested Route 703 be named Bradby Lane in honor of Mr. Bradby who came. over in 1875 to help settle Rushmere. Ms. Bloxom stated that Ste James does not suit this road. Supervisor Turner stated he also had a problem with the $400.00 charge to change the name although he realized there was a cost factor involved in advertising, but that this is a citizens' input of trying to make it historic or of some significant factor to why it should be named this. County Administrator Standish reminded the Board that the names and numbers assigned go into the computer for the 911 program and the sooner the names are settled, preferably this summer, the better. Supervisor Turner moved the Board table the Ordinance to Amend the Ordinance to Provide. Standards for Naming Streets until the September 6, 1990 meeting of the Board of Supervisors to allow opportunity for handling other name changes that are already being proposed. The vote in favor was unanimous (5-Oj. Chairman Bradby called for the public hearing on the road closux'e of Route 704. Supervisor Turner stated that the closure of Route 704 was brought back up at his request and that the Board is considering new policies regarding road closures. Supervisor Turner explained that in the past, the Board tries to work with the Department of Highways in trying to .save as much money as possible in construction, while other situations involving road closures near businesses which might create a major hardship on the businesses. Supervisor Turner stated that in the future, public hearings would U G~~~ ~~..'.H t,r ~J 1..,~ 6 probably be heard on any road closures to allow businesses or citia-ens to express their concern. 1 Chairman. Bradby called for public comment. Sonny:Hines, co-owner of Rescue Yacht Basin in Smithfield, stated if 'the bridge was closed, it would be devastating to his business. Mr. Hines continued that if the .bridge. was shut down completely. at this. point, his business could not survive and he would like to see only half of the bridge closed. Jo Carter, owner of Rescue Marina, stated her oyster loading facilities are located across. the creek from her restaurant and that she. goes back and forth several times a day tending to the oyster business. Ms. Carter stated that if she had to go around the bridge, it would amount to eight miles one way. Chairman Bradby called for comments. by Board members. 1 Supervisor Turner stated he would request that the Department of Highways consider all the options and not just the one option of closing it:, tearing it down, and building a new bridge. Supervisor Turner stated-he would like the Department of Highways to consider the option of keeping the bridge-open on one lane, building on the .side cf the other bridge, or whatever options there might be. Supervisor Turner stated there was also a .time factor with seasons of the year and times where travel is heavier than others. Supervisor Turner continued that action that was taken by the Board before was hasty and that he wanted the Board to back out and give the message to the Department of Highways that the Board wants all the avenues looked at. Supervisor Turner moved that the following resolution to close Route 704 be rescinded and that the Department of Highways look at other alternatives. Whereas the Virginia Department of Transportation is desirous of closing Route 704 .for the purpose of replacing a bridge over Jones Creek an project 0704-046-204,B619 and has requested the approval of the Board; Now, therefore, be it resolved by-the Board of supervisors of Isle of Wight. County, Virginia, that the- Board concurs with the recommendation that Route 704 be closed to through traffic between Route-688 and Route 669 'during the time of construction replacing a bridge over Jones Creek, thereby eliminating the: construction of an expensive detour. The vote in .favor of rescinding the. resolution was unanimous (5-0) . Chairman Bradby called for the public hearing on the closure of Route 646. Chairman Bradby called for public comment. No one appeared. 1 Chairman Bradby called for comments by Board members. supervisor Turner stated the County had advertised for a public hearing on the closure of Route 646 and he thought this was an excellent idea. Supervisor Turner moved the Board table the resolution to close Route 646 until the May 17, 1990 meeting of the Board of supervisors. The vote in favor .was unanimous (5-0). Chairman Bradby called for the public hearing to rescind the No Wake Zone on the .Pagan River at Gatling Pointe Marina. 4 7 Chairman Bradby asked for citizens who wished to speak in favor of rescinding the no wake zone on the Fagan River at Gatlinq Pointe Marina. Carter Williams stated he would like to see the no wake zone taken down because it is a mein thoroughfare to the James River and is heavily traveled with water skiers. Russell Batten, resident of Battery Park, stated Gatlinq Pointe had set no wake buoys out in twenty feet of water. Mr. Batten stated he was afraid his children would get a ticket due to wakes created while waterskiing. Alan Monette stated the Pagan River is a thoroughfare used by people who have lived in the County all their lives. Mr. Monette stated there were numerous piers throughout the area and people needed to use common sense when boating. Mr. Monette further stated that he would like to see a big caution sign, possibly with a yellow light, but that he would not want the police there. Wesley Brown stated he had a pleasure boat and if there were aggravations like no wake zones, what would there be next? Mr. Brown further stated pleasure crafts were for fun and he was not out to cause any harm. Mr. Brown commented that if the no wake sign was for a business which did not have the foresight to protect itself, then the business should be responsible for correcting this. Chairman Bradby called for persons to speak in favor of the no wake zone at Gatling Pointe, Branche Lawson, resident and -developer of Gatling Pointe, stated those opposing the no wake zone have opted not to talk with Gatling Pointe regarding permits relating to the marina or what Gatling Pointe had to go through to get the no wake zone established. Mr. Lawson further stated Mr. Monette insinuated that Gatling Pointe did not go hrough the process of notifying adjacent property owners and .that Gatling Pointe did indeed have communications with adjacent property owners. Mr. Lawson continued. that matters of the marine patrol and matters of the no wake zone are two separate issues. Mr. Lawson stated that Gatlinq Pointe did not ask the marine patrol to be there and that as early as January 13, 1987, intentions were made public to build 'the marina at Gatling Pointe. Mr. Lawson continued that since that time, the proper approvals and permits were obtained and on August 17, 1989, the Isle of Wight County Board of Supervisors unanimously approved the request for a no wake zone. Mr. Lawson stated that on September 12, 1989, the Virginia Department of Game and Inland Fisheries issued the approval of a no wake zone and installation of no wake signs and buoys and that Gatling Pointe never had any opposition spoken in regards to their plans. Mr. Lawson stated that building. a breakwater would have been impossible and the Virginia Marine Resources Commission would not allow Gatling Pointe to bring the marina closer to land as that would have involved dredging and while the Virginia Marine Resources Commission was pushing Gatling Pointe away from the shore, the Army Corp of Engineers was concerned about the marina being too close to the channel. Mr. Lawson stated that the net result was that Gatling Pointe had to redesign the marina to accommodate both permitting agencies, Mr. Lawson showed a film indicating the wakes created when boats come by and the narrowness of the river from the. end of the dock to the marsh on the other side. In closing, Mr. Lawson presented a petition with 127 names of people who wanted the no wake zone to remain in place. 1 MarDc Ed~iards, resident of Gatling Pointe, stated he was not only concerned about the safety of the boats at the marina, but of citizens and people who would be walking on the docks and piers. a~t~ ~.4.kP.~S?3 Barbara Owen, resident of Gatling Pointe, stated she had located at Gatling Point because she was told there would be a no wake zone. 1 Lee Russo, partner with Branche Lawson, stated he had seen numerous boats qo by the marina and not slow down. Mr. Russo continued that. no wake signs were posted everywhere and he was pleased to see this. Bi11 Gordy, resident of Gatling Fointe, addressed placing the no wake signs up, but not making it a no wake zone. Mr. Gordy continued that people were not paying attention to the signs as it is now and that the law enforcement should not be taken away. Chairman Bradby called for rebuttals.' Alan Monette stated the distance in which people have to ski has always been from; the point off his home down to Battery Park and that the rest of the way to Smithfield-is a very narrow channel and in. many cases there is dangerous water at low. tide. Mr. Monette stated consideration could have been given to building the marina n_such a way that it .would not have been rejected by the Corps of Engineers and that it could have been done in a horseshoe effect. Chairman Bradby called for comments by Board members. u Supervisor Turner stated he had tried to do research on other areas to see what they had done and excellent points had been brought out by both sides, but the fact is that in the future, the Board needs to be aware of what the long term effect is and how it affects the area. Supervisor Turner continued that what has been done was done in the proper manner and in this situation he would hate to see anyone hurt on the dock from a wake caused by a boat. Supervisor Turner stated he would also like to consider that a request be made that Gatling Pointe have a channel marker to allow boats to go on that side. Supervisor Ross questioned why buoys along with signs? Branch Lawson stated that the Virginia bepartment of Game and Inland Fisheries suggested both buoys and signs. Supervisor Ross asked if these buoys were. infringing on part of the deep water or part of the channel. Mr. Lawson stated it was possible that this may be happening. Supervisor Turner suggested that this be looked into, as well as channel markers to direct boats to the other side. Supervisor Turner moved the Board not request. the Inland Fisheries to rescind the establishment of the no wake zone. The vote in favor was unanimous {5-0). // Chairman Bradby called for .Citizens Comments. f. Thomas Fenderson of the Newport District commented on the School Board's. decision to build two schools stating that he would like the Board of Supervisors to ask the School Board to delay its decision and do a study. Mr. Fenderson stated that only $300 had been allowed for a study to date. Reverend W. L. Williams asked for the Board's personal and political influence on the School B©ard stating that the School Board has turned a deaf ear on the citizens and that the School Board wants to make major improvements on the school system. Reverend Williams stated that if the school system. could be a~r~ 14 r;:~:~574 improved to better .the education of the students, he would agree wholeheartedly. Reverend Williams continued that decisions are not made without information and the School. Board has made a major decision without information and that they also refused information. Reverend Williams stated that what the School Board calls a study which was conducted by the State Education Department is not a study but is only a survey. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development stated he had distributed a packet of information pertaining to the Morgarts Beach agricultural district. Mr. Caskey continued that this was approved by the County in July of 1982 for a .period of eight years. Mr. Caskey informed the Board that the end of this period will be July 15, 1990. County Administrator Standish recommended to the Board that the people be contacted who originated the agricultural zone district to determine if they are still interested in maintaining the Agricultural District. Supervisor Turner .moved the Board that the process as outlined by Mr. Caskey and Mr. Standish be started. The vote in favor was unanimous (5-0). Mr. Caskey stated he had one late .item concerning discussions and briefings made to the Board. previously regarding Myers Landing Subdivision. Mr. Caskey informed the Board that the subdivision- was very near completion, but the bond is scheduled to lapse on May 29, 1990 and there are very minor items that need to be addressed and completed in the subdivision. Mr. Caskey continued that the Virginia Department of Highways made an inspection as recently as this week and the items to be completed are the same items needing to be completed for some time. Mre Caskey asked for the Board's direction as to how to proceed logically prior to the termination date of the bond. County Administrator Standish recommended that the County Attorney give his advice in an Executive Session pertaining to possible litigation. // Chairman Bradby called for the County Attorney's report. County Attorney Crook advised the Board that he had the lease from the County to the Real Smithfield Jaycees, .prepared by Bill Riddick, with-revisions he had requested and which have been incorporated into the revised lease which is ready for signature. County Attorney Crook asked the Board to authorize Chairman Bradby to sign on behalf of the County. Supervisor Turner moved the Board authorize Chairman Bradby to sign the lease on behalf of the Countye The motion passed. by unanimous vote (5-0). County Attorney Crook advised the Board that he had the Deed of Trust. and Note from the attorney for H. W. Roberson & Company to secure the. fees for their conditional zoning which Mr. Crook had reviewed and advised counsel for Roberson of changes to be incorporated in it which had been done and now the Deed of Trust is ready for Chairman Bradby to sign on behalf of the County. 1 1 1 Supervisor Edwards moved the Board authorize Chairman Bradby to sign the Deed of Trust on behalf of the County. The motion passed by unanimous vote (5-O). a~r~ ~~ ~~^~~~ 1 10 County. Attorney Crook stated he had a matter for the Board concerning legislation adopted by the General Assembly pertaining to the ability~of the County to assess fees up to $2.00 in court cases in the General District and Circuit Court, which when collected, would be earmarked to be used for maintenance, construction and/or renovation for courthouse or jail or court. related facilities. Supervisor Ross moved to instruct County Attorney Crook to prepare and advertise an ordinance for public hearing to be considered by the Board of Supervisors. The .motion passed by unanimous vote (5-0). // Chairman_Bradby called for the County Administrator's report. County. Administrator Standish .stated the County had been awarded a litter grant in the amount. of $4,807. to be shared with the Town of Smithfield which will receive approximately one fourth with the County receiving the balance to be used for litter control efforts. Supervisor Turner moved the Board to adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND EIGHT HUNDRED SEVEN DOLLARS FROM THE COMMONWEALTH 4F VIRGINIA, DEPARTMENT OF WASTE MANAGEMENT FOR THE LITTER CONTROL PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has-been awarded a grant from the Commonwealth of 'Virginia, Department of Waste Management, for the Litter Control Program, and WHEREAS, the funds in the amount of four thousand eight hundred seven dollars ($4,807) to be received from the Commonwealth of Virginia, Department of Waste Management, need to be appropriated to .the Litter .Control Program line item 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 Zsle of Wight, Virginia that four thousand eight hundred seven dollars ($4,807) to be received from the Commonwealth of Virginia, Department of Waste Management, be appropriated to line items 28-5125-5401, Litter Control Program,. Supplies ($1,307) .and 28-5125-7002, Litter Control Program Equipment ($3,500), in the 1989-90 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 to adopt said resolution passed by unanimous vote (g..0) County Administrator Standish asked for the Board's consideration of appropriating non-local funds for the construction of the Rushmere Volunteer Fire Department. County Administrator Standish advised the Board that the State awarded a $50,000 grant from Emergency Services. Supervisor Turner moved the Board to adopt the following resolution: RESOLUTION TO APPROPRIATE SEVENTY-SEVEN THOUSAND FIVE HUNDRED SIXTEEN DOLLARS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT AND THE OFFICE OF EMERGENCY SERVICES FAR THE RUSHMERE VOLUNTEER FIRE s~~~ ~.4 ~~~:~57~ 11 DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight has received grants fore the Rushmere Volunteer Fire Department; and, WHEREAS, the funds in the amount of seventy-seven thousand five hundred sixteen dollars ($77,516) need to be appropriated to the Rushmere Volunteer Fire Department in the 1989-90 budget of the County of Isle of Wight, Virginia. NQW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of•Wight, Virginia that seventy-seven thousand five hundred sixteen dollars ($77,516) be appropriated to line item 14-9404E-7016A, Rushmere Volunteer Fire Department in the 1989-90 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. \The motion. to adopt said resolution passed by unanimous vote (5-O)° County Administrator Standish recommended the Board approve the final change order in the amount of $5,256.82 to close out the County Library renovation project. Supervisor Ross moved the Board approve the final change order in the amount of $5,256.82 to close out the County Library renovation project. The motion passed by unanimous vote (5-0). County Administrator Standish presented a draft letter to W. L. Stewart, Virginia Power Company, updating the County's previous letter of agreement that Isle of Wight County is willing to participate in the emergency. plan if required. County Administrator stated he wanted to make the Board aware of this and that no action was required. County Administrator Standish stated the Commonwealth°s Attorney would like to apply for a grant under the State's victim/witness program. Supervisor Turner moved the Board support the grant from the State to be used in the Commonwealth Attorney's office. The motion passed by unanimous vote (5-0). // Chairman Bradby called for New Business. There was no new business for discussion, // Chairman Bradby called for Old Business. There was no old business for discussion. /! Chairman Bradby called .for Appointments. There were no motions of nominations for appointments. 1 1 // 12 Chairman Bradby called for approval of the April 5 , 1990 minutes. Upon recommendation of County Attorney Crook and motion of Supervisor Edwards,. the vote was unanimous (5-0) to approve the April 5,.19.90 minutes of the Board of 'Supervisors. // 1 County Attorney Crook requested an Executive Session under Section 2.1-344 of the Freedom of Information Act, paragraph A7, consultation with legal counsel. and briefing by .staff members pertaining to actual and probable litigation., specifically the contract with .UNISYS and Section 2.1-344 of the Freedom of Information Act, paragraph A7, consultation with legal counsel and briefing by staff members regarding probable litigation, specifically Myers Landing Development. Supervisor Edwards moved the Board go. into Executive Session for the purposes stated by the County Attorney. The vote in favor wag unanimous (5-0). Upon the Board returning to open session, Supervisor Edwards. moved-the. adoption of the following. resolution: CERTIFICATIO QF 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, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors that such executive. meeting was conducted in conformity .with Virginia law, 1 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 DURTNG VOTE: 0 A85ENT DURING MEETING: 0 The motion to adopt said resolution passed by unanimous vote (5-0). County Attorney Crook advised the Board that a motion was needed to authorize the County Attorney to communicate by letter with UNISYS that the County is holding them to their obligations under the contract with the County of Isle of Wight and the County of Southampton. Supervisor Edwards moved the Board authorize the County Attorney to communicate by letter with UNISYS that the County is holding them to their obligations .under the contract with the County of Isle of Wight and the County of Southampton. The vote in favor was unanimous (5-0). 13 County Attorney Crook advised the. Soard that a motion was needed to authorize the County staff to make demand upon the surety for the developer of Myers Landing Subdivision that the surety is being required to provide the funds under the surety bond in order to comply with the agreement with the County of Isle of Wight. Supervisor Edwards move3 the Board authorize the County staff to make demand upon the: surety for the developer of Myers Landing Subdivision that the surety is being required to provide the funds under the surety bond in order to comply with the agreement with the County of Isle of Wight. The vote in favor was unanimous (5- 0) . // At 4:50 P.M., Supervisor Ross moved the meeting be adjourned, which passed by unanimous vote (5-®). Myles Sta dish, Clerk Henry H. Sradby, Chairman II _J 1