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01-02-1992 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY TWO PRESENT: Henry H. Bradby, Chairman Steven W. Edwards, Vice Chairman Joel C. Bradshaw, Jr. Malcolm T. Cofer O. A. Spady Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Bradshaw. // Chairman Bradby turned the meeting over to County Administrator Standish who called for nominations for Chairman. Supervisor Edwards nominated Henry H. Bradby as Chairman of the Board of Supervisors for 1992. Henry H. Bradby was elected as Chairman of the Board of Supervisors for the year 1992 by unanimous vote (5-0) of the Board. County Administrator Standish called .for nominations for Vice Chairman of the Board of Supervisors. Supervisor Cofer nominated Steve W. Edwards as Vice Chairman of the Board of Supervisors for 1992. Supervisor Edwards was elected as Vice Chairman of the Board of Supervisors for the year 1992 by unanimous vote (5-0) of the Board. County Attorney Crook advised that the Board needed to designate the .Clerk of the Board. Supervisor Edwards moved the Board designate Myles E. Standish as Clerk of the Board of Supervisors for 1992. The motion passed unanimously (5-0). County Attorney Crook advised the Board also needed to designate the regular meeting days and times for the coming year. Supervisor Bradshaw moved the Board designate the first Thursday of the month at 2:00 p.m. and the third Thursday of the month at 7:00 p.m. in the Board Room at the Isle of Wight Courthouse as the regular meeting days and times for the Board of Supervisors to meet for 1992. The motion, passed unanimously (5-0). i Chairman Bradby thanked .the Board for their. confidence in .him in i Bo~K 14 ~~:."~ `~2 selecting him Chairman for another year and then assured the citizens that everything would be done to represent the best interests of the County. and to encourage continuous input from the citizens that puts the Board in a better position to make the kind of decisions that will be in keeping with good government. County Attorney Crook stated the Board of Supervisors previously opted to designate the tie breaker, but over a period of time the Board ceased doing this and the Circuit Court Judge was then requested to do it. County Attorney Crook further stated the statute allows the Board at this meeting to designate the tie breaker and if this is not done, it will be up to -the Circuit Court. Supervisor Spady then nominated G.W. White, Jr. as the official tie breaker for the Board of Supervisors in .1992. The motion passed unanimously (5-0). County Attorney Crook stated it would be in line for the Board of Supervisors to adopt Robert's Rules of Order. County Attorney Crook advised there are statutes that govern in certain cases, but where the statutes do not govern, the Board of Supervisors should adopt. Roberts Rules of Order for procedure. Supervisor Edwards then moved the Board adopt Robert's Rules of Order for. procedure. The motion passed unanimously (5-0). // Chairman Bradby called for Transportation Matters. _MacFarland Neblett, Resident Engineer with the Virginia Department of Transportation, stated next week the contractor should begin construction of a section of Route 620 (Scotts Factory Road) between Route 654 (Carroll Bridge Road) and Route- 665 (Great .Springs Road). Mr. Neblett further stated a bridge. replacement on Route 620 (Broadwater Road) was being shown to contractors now. Chairman Bradby called for comments by the Board. Supervisor Bradshaw requested time to speak when the Special Use Permit was heard on the agenda and asked Mr. Neblett to stay until the application was heard. Supervisor Edwards asked what could be done near Five Forks Road to eliminate traffic accidents: Mr. Neblett stated he would .review the site and report back to the Board. Chairman Bradby called for citizens with highway matters. David Hardy stated problems had been occurring at several traffic lights located throughout the County, specifically at Berens Church and Farm Fresh due to the short time span the light stays green and suggested lengthening this time span. Mr. Neblett stated the caution light is set on a timer, but he would check into matter of the time frame .the light stays green. // Chairman Bradby called for the Board to consider the following matter: Abandonment of a portion of State Route 608 which lies between the Isle of Wight/Suffolk boundary line and State Route 635 by the Board of Supervisors of Isle of Wight County County Attorney Crook stated a public hearing was held on the matter on November Zl, 1991 and the statute requires notice to the Commonwealth Transportation Board or Commissioner. County Attorney Crook further stated notice was given to Mr. Neblett as the Resident Engineer which, in his opinion, was in compliance with the statute; however, to be safe, County Attorney Crook recommended that the Board table the matter to allow thirty-days' notice to the Commonwealth Transportation Board which has been done in addition to posting the notice again on the road and in the newspapers. County Attorney Crook then advised the Board should open the matter up for public comment before action is taken by the Board. Chairman Bradby called for citizens to speak on the matter. Mr. Neblett stated he wanted to reiterate to the Board that the. Virginia Department of Transportation does support the Board's efforts in economic development, but cannot support the outright abandonment of Route 608. Mr. Neblett continued the Virginia Department of Transportation recommends that the road not be abandoned until a new road is constructed and accepted into the secondary road system. Lynn Dutton, attorney for Norfolk & Western, stated she was available to answer any questions. Supervisor Spady questioned. whether Norfolk & Western had proposed building an alternate route. Ms. Dutton stated the engineering work had been performed for an alternate road and it was hoped that there would be better ways to spend the resources which would be required to build such an alternate road. Ms. Dutton further stated it was apparent that the community feels the same way from lack of comment at the previous public hearing on the matter,. although there was one citizen who expressed her antipathy to the project in general, but did not express a need or want for .the particular road. Supervisor Bradshaw. asked how many trains would travel on the 3 a~c~~ 14 ~~~:~~.34 ~ subject road. x. Ms. Dutton stated there would be two loop tracks, each of which would have a double track, in addition to one conveyor. machine that will cross the road. Supervisor Bradshaw stated he did not see the need for another road to be built because another public road runs parallel to this road. Supervisor Edwards stated the matter in question was whether or not the Board was going to require splitting up peoples' farms and woods to build another road that he was not sure could be cost justified. Supervisor Edwards further stated the funds saved from not building another road could be used on other projects in the County. County Attorney Crook stated he had drawn up a resolution detailing the history of the matter and that the abandonment is conditioned on Norfolk & Western obtaining all the permits necessary for the construction of the facility. Supervisor Bradshaw moved the Board abandon Route 608 from its intersection with Route 635 south .and that the following resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY FOR ABANDONMENT OF SECTION OF ROUTE 608 .WHEREAS, Norfolk and Western Railway Company ("N&W"), a Virginia corporation and a wholly owned subsidiary of Norfolk Southern, Corporation, has plans for the construction of a coal ground storage facility (the "Facility") in Isle of Wight County, Virginia; and, . WHEREAS, N&W has acquired, or has options. to acquire, all of the property needed for the construction of the Facility; and, WHEREAS, a portion of Route 608 located within .Isle of Wight County crosses the property owned by N&W; and when N&W constructs the proposed coal ground storage facility, said road would have four (4) railroad crossings within said property which would be hazardous to the public using said road; and, WHEREAS, the vehicular traffic using that section of Route 6081ying within Isle of Wight County South of its intersection with Route 635 has alternate routes available and that section of Route 608 is no longer necessary for the uses of .the secondary system of highways and that the same should be abandoned all together as a publie road;, and, WHEREAS, the Board of Supervisors gave notice of its intention to abandon that section of Route 608 referred to above by (a) posting a notice of its intention more than three. (3) days prior to the first day of November term of the Isle of Wight County Circuit Court at the front door of the Isle of Wight County Circuit Court Courthouse and (b) by publication in two or more issues of the Tidewater News and the Smithfield Times, two newspapers having general circulation in the Isle of Wight County; and (c) - by giving notice of its intention to abandon that portion of Route 608 to the Virginia Department of Transportation; and WHEREAS, the Board of Supervisors held a public hearing on the proposed abandonment on November 21, 1991; and, WHEREAS, the Board of Supervisors did again give. notice of its intention to abandon that portion of Route 608 by (a) posting notice in at least three (3) places on and along the road sought to be abandoned for at least thirty (30) days and (b) by publication in two (2) or more issues of newspapers having general circulation in the County, and (c) by giving notice of its intention to abandon such road to the Commonwealth Transportation Board and did again hold a public hearing on the proposed abandonment on January 2, 1992; pursuant to Section 33.1-151 ~ of the Code of Virginia; and, WI-iEREAS, at the public hearings on November 21, 1991 and January 2, 1992 the Board of Supervisors received public comment regarding the proposed abandonment; and, WHEREAS, the Board of Supervisors is satisfied that no public necessity exists for the continuance of that portion of Route 608 which lies within Isle of Wight County south of its intersection with Route 635 and than the safety and welfare of the public would be best served: by abandoning that section of the said Road. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, finds that no public necessity exists for the continuance of that portion of .Route 608 located within Isle of Wight County south of its intersection with Route 635 as a public road and that the safety and welfare of the public will be best served by abandoning that section of Route 608 as a public road; and that said road has no historic value; and said Board of Supervisors hereby orders that that portion of Route 6081ocated within Isle of Wight County south of its intersection with Route 635 be and the same is hereby abandoned; subject, however, to the condition that N&W obtain all permits necessary for its construction of its coal storage. facility; and, BE IT FURTHER RESOLVED that this order of abandonment be spread on the minutes of the meeting of the Board of Supervisors at which said order was entered and this Resolution adopted. a The foregoing Resolution was adopted by the Board of Supervisors of Isle of Wight County this 2nd day of January, 1992. The motion passed unanimously (5-0). i Supervisor Edwards requested Ms. Dutton to send him a list of the engineers performing work on the project. e~~K ~.4 ~h~~~`~6 ~ // Chairman Bradby called for a public hearing on the following: The application of Betty Anne Raney Copeland and others, for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, sixteen and one-half (16.5) acres of land of a one hundred sixty-three (163) acre tract, which is located on the north side of West Blackwater Road (Route 603), between Thomas Woods Trail (Route 614) and Barrett Town Road (Route .641), in Hardy Magisterial District. The purpose of the application is for no more than fourteen (14) rural residential lots on the entire tract which consists of one hundred and sixty-three (163) acres. Chairman Bradby called for citizens to speak in favor. Jesse Johnson, attorney representing the applicants, .stated no lots would fronton any of the public roads and the lots would be served by one street and a central water system. Attorney Johnson further stated no more than fourteen lots would be requested, as proffered, which is in keeping. with the Count}~s Comprehensive Plan. Chairman Bradby called for citizens to speak in opposition. Charles Ray, Jr., adjoining landowner, stated in the near vicinity of the proposed site was a grainery and two hog operations which may cause complaints from future landowners due to heavy vehicular traffic and odors. Mr. Ray continued he had submitted to the Planning Commission a petition with 127 names who were in opposition to the project due to heavy traveled roads and lack of police and fire. protection for the site. Paul Brockman, adjoining landowner, stated the existing roads would not be able to handle the additional traffic caused by the project and that the primary object of the Comprehensive Plan is to retain the rural and agricultural aspects of the County. Kathy Baffles, adjoining landowner, stated the project would disturb the natural character of the surrounding area and urged the Board to concur with the Planning Commission's recommendation to deny the application. Attorney Johnson responded as to the matter of traffic, Mr. Neblett of the Virginia Department of Transportation has stated that the proposed traffic for -the fourteen lots subdivision would not create a traffic problem and all lots would consist of at least one acre served by an interior street which would be constructed to the Virginia Department of Transportation's specifications. Attorney Johnson pointed out that the existing landowners who were objecting to the proposed development because of traffic were not opposed to the trucks used for farming operations currently using the road. Attorney Johnson questioned if a citizen landowner finds himself in a financial bind and wants to create a number of -lots to be sold, is the County going to take the position that this cannot be done. b~~~~. X1.4 ; ~~.:~7 ~ Supervisor Bradshaw stated he could see both points of view, but the County has one of the largest graineries in this area which buys corn from other localities. Supervisor Bradshaw further stated problems could be created for the grainery if the Board allowed growth to occur around it and moved the Board deny the application of Betty Anne Raney Copeland and. others. The motion passed unanimously (5-0). Chairman Bradby called for a public hearing on the following: The application of G. Thomas Alphin and Betty J. Alphin for a Special Use ,Permit to construct a cotton gin operation on forty- seven (47) acres of land located on the east side of Buckhorn Drive (Route 610), between the Windsor Corporate Limits and Dunston Drive (Route 635), in Windsor Magisterial District. Chairman. Bradby called for citizens to speak in favor. Thomas Alphin appeared representing the Alphin family. Mr. Alphin stated the operation will be used for agricultural purposes, specifically the ginning and storing of cotton, which will increase the tax base, jobs and strengthen agriculture in the County. Mr. Alphin further stated a cotton farmer has to presently haul his cotton fifty miles to be ginned and the Alphin family's proposed location would be convenient to both farmers in this County and in adjacent counties. Chairman Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Edwards stated he believed the application, if approved, would be a tremendous boom to the economy throughout the County and moved the Board approve the Special Use Permit of G. Thomas Alphin and Betty J. Alphin with the condition that the trees located on the three sides of the property be retained as a buffer. The motion passed unanimously (5- 0). Supervisor Bradshaw stated he had discussed with Mr. Neblett of the Virginia Department of Transportation lowering the speed from the Windsor Corporate Limits to Route 635 from 55 mph to 35 mph. Mr. Neblett stated that the matter would need to be studied by the Traffic Engineer with a report to the Board upon completion of such. // Chairman Bradby called for Citizens Comments. Wilson Holland of Windsor requested the Board allocate $2,000 for the fire works celebration which will be held in the Town of Windsor in July. of 1992. ~otiK ~.4 r~~..-:r1.~~~3 County .Administrator Standish stated the Isle of Wight County Recreational Facilities Authority should be encouraged to include such a request in their budget submitted to the Board. Supervisor Edwards moved the Board: direct the County Administrator send a letter to the Isle of Wight County Recreational Facilities Authority requesting chat the matter be included in their budget request to the Board. The motion passed unanimously (5-0). // Chairman Bradby called for the Community Development report. Supervisor Cofer moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION `TO ACCEPT AND INCLUDE CANTEBERRY LANE, HUNTINGTON WAY AND SHERWOOD LANE INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised. this Board that streets in the Waterford Oaks. Subdivision, Newport Magisterial District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets. into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is ,requested to include into the Virginia Secondary Road System for maintenance the following described streets in the Waterford Oaks Subdivision. 1. Canteberry Lane: Beginning at a point on State Route 10, 0.60 miles northwest of its intersection with State Route 644; thence .running in a northeasterly direction 0.48 miles to a turnaround. Length: 0.48 miles Right of way: Var. "feet/ 150' - 50' Total length: 0.48 miles 2. Huntington Way: Beginning at a point on Canteberry Lane, 0.32 miles northeast of its intersection with State .Route 10; thence running in a northerly direction 0.10 miles to a turnaround. Length: 0.10 miles Right of way: 50 feet Total length: 0.10 miles 3. Sherwood Lane: Beginning at a point on Huntington Way, 0.10 miles from its intersection with Canteberry Lane; thence running ~~~~ :~4 ;. ~1.?~J in an easterly direction 0.20 miles to a turnaround. Length: 0.20 miles h:ight of way: 50 feet Total length: 0.20 miles Unrestricted rights of way fifty (50) feet in width and additional-right of ways for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in .Plat Book No. 14, Pages 7_- 13, Slide 387, dated May 8, 1990. The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE APPALOOSA WAY AND ARABIAN TRAIL INTO T'HE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Springfield Downs Subdivision, Section I, Newport Magisterial District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the .following described streets in-the Springfield Downs Subdivision. 1. Appaloosa Way: Beginning at a point on State Route 602, 0.60 miles north from its intersection with State Route 600; thence running in a northwesterly direction 0.46 miles to a cul-de-sac. • Length: 0.46 miles Right of way: 50 feet Total length: 0.46 miles 2. Arabian Trail: Beginning at a point on Appaloosa Way, 0.15 miles from its intersection with State Route 602; thence running in a southwesterly direction 0.22 miles to a cul-de-sac. Length: 0.22 miles Right of way: 50 feet Total length: 0.22 miles Unrestricted rights of way fifty (50) feet in width and additional right of ways for the cul-de-sacs, along ~Nith the necessary drainage easements have been provided and are on record in the Office of the Clerk of the 4~~r ~ 7. "M;:r~ i" Circuit Court at Isle of Wight County in Plat Book No. 13, Pages No. 352- 355, dated June 10, 1988 and is guaranteed.. The motion passed unanimously (5-0). Mr. Caskey presented for the Board's consideration an application for a permit to hold bingo games submitted by the Isle of Wight County Public Recreational Facilities Authority. Mr. Caskey stated the application was amended in that the organization now intends to hold bingo games twice a week at the facility rather than once a week. Mr. Caskey further stated, if approved, the permit would run for one calendar year beginning this January. Supervisor Cofer questioned the designated use for the fund balance. Alan Nogiec, Director of the Isle of Wight County Public Recreational Facilities Authority, stated the fund balance was used to offset some of the expenses of the operation of the Authority. Mr. 1Vogiec stated the reason for expansion is due to the requests of citizens in the area who participate in the bingo games. Supervisor Cofer moved the Board approve the application of the Isle of Wight County Public Recreational Facilities Authority to hold bingo games as requested. The motion passed unanimously (5-0). /1 Pamela Edwards, Chairman of the Isle of Wight County School Board, stated there was an existing bill submitted by Shriver & Holland, the architects involved in school. planning.. Ms. Edwards. further stated non- payment of this bill will cause the School Board to exceed the thirty-day contractual agreement with the architect. Ms. Edwards then requested the Board appropriate the necessary funds in the amount of $258,906.39 to be paid to the architect and to appropriate $35,000 for the initial fee for the construction .management firm. Supervisor Spady asked how far along Shriver & Holland are on their work for the School Board. Ms. Edwards stated they are at the 85% to 90% point where they are ready to work with :the construction management firm. Supervisor Spady asked what percentage fee is Shriver & Holland working on. County Attorney Crook replied 5.4% of total cost he believed. Supervisor Spady stated until the School Board presents a school plan acceptable to the taxpayers and their money, he would not be able to be supportive. Supervisor Spady then questioned the difference between the new high schools in Suffolk .and what the School Board wants to build in the County. Ms. Edwards stated the new high schools in Suffolk .lacked the technological advances such as "carols" or listening devices for foreign speaking instructors and there maybe only one computer in the classroom. Ms. Edwards further stated the School Board wants the students of the County to have the very best that is affordable, and if this is too expensive at this time, the School Board will continue with the vision. Supervisor Bradshaw asked when the bond proceeds were received by the County. County Administrator Standish replied the bond proceeds were received on December 23, 1991. Supervisor Bradshaw stated that every day that went by was costing the taxpayers $500,000 annually and $1,369 daily. Supervisor Cofer pointed out that the rate of return the County was earning on deposits was approximately less than 1% difference. County Administrator Standish reminded Supervisor Bradshaw that the Board had previously directed that the money be received and invested in a State investment program until the funds are used. Supervisor Bradshaw argued that the delay in appropriating the funds was still none-the-less costing the taxpayers. Chairman Bradby further stated a comprehensive study was requested by the Board of Supervisors previously which was not accomplished by the School Board and that he would like to see done whatever possible to bring the gap between the School Board and themselves closer together to supply the children of the County the best possible educational facility that the: taxpayers can afford. Supervisor Bradshaw asked what penalties will occur and, if so, when will -the penalty begin, if Shriver & Holland is not paid within the thirty- day deadline. County Attorney Crook replied there would be a penalty/interest after thirty days and the School Board is requesting to meet with the Board of Supervisors on January 16, 1992 to further discuss the issues of the new schools building program. Supervisor Spady acknowledged that he would support holding the _Shriver & Holland .bill until the joint meeting with the School Board regardless of .whether the County is penalized or not. Ms. Edwards stressed that this bill has to do with Shriver & Holland's :1991 fiscal year and may place them in a bind financially. Supervisor. Spady pointed out that since today was January 2, 1992, the bill being paid today would not be appropriated to Shriver & Holland's 1991 fiscal year.. E~~K ~_4 =~~~ ~.~2 ~ Ms. Edwards stated the County. would be going beyond their contractual agreement with Shriver & Holland by delaying the bill and urged the Board to reconsider appropriating the funds to accomplish such. Supervisor Spady stated that in April and March of 1991, the School Board was also requested to reduce the price of the schools, which had not been accomplished. Ms. Edwards replied that the School Board had directed Shriver & Holland to cut back, where appropriate, without sacrificing the needs of the students at either end of the County. Chairman Bradby stated this point would never have been reached if the School Board and the Board of Supervisors had communicated more efficiently and worked better together. Ms. Edwards stated the School Board would never have put themselves in this position and reached this point if they thought that something had been done outside of correct procedure. County Attorney Crook stated the School Board has been coming before and communicating with the Board of Supervisors all along and this is not a case of the School Board working independently and the Board of Supervisors. has known everything that the School Board has done. County Attorney Crook further stated there is a difference of opinion between the School Board and Board of Supervisors on where the new high school should be located. Supervisor Spady asked if the Board. had considered building one school for all high school students in the County. Pamela Edwards responded it is now found that large schools present an .entirely different environment for students and the School Board would like to maintain an environment in which the students feel safe, in which the students have faculty and administration that knows them, and in which you have a community that is around the school. Supervisor Cofer stated this is not cost effective and if the County had a consolidated school with 9-12 grades, the consolidated school would be approximately only 100 students larger than is currently enrolled in Smithfield High School in grades eight through twelve. Ms. Edwards argued that the County would also be setting the geographical precedent that no matter how much the County grows, that school will be expected to handle it. Supervisor Edwards stated he understood the concerns on how this matter was handled, but the County should pay their bills. Thereupon, Supervisor Edwards moved that the Board pay :the submitted bill from Shriver & Holland in the amount of $258,906.39. The motion was defeated (3-2) with Chairman Bradby, Supervisors Cofer and Spady voting against the motion and Supervisors Edwards and Bradshaw voting for the motion. 1 Supervisor Spady then moved that the matter of the Shriver & Holland bill for architectural services be tabled until the January 16, 1992 meeting of the Board. The motion passed unanimously (5-0). // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated there were two issues to be taken care of regarding the Western Tidewater Regional Jail Authority. County Attorney Crook further stated the bylaws call for three members from each jurisdiction and one of those members should be an elected official. County Attorney Crook continued that Richard L. Turner was the previous elected official from this jurisdiction and because he is no longer an elected official, Mr. Turner does not qualify to remain on the Board of the Jail Authority and has submitted his resignation. County Attorney Crook stated the Board now needs an elected official on the Western Tidewater Regional Jail Authority representing the County. County Attorney Crook further stated the second issue is that the General Assembly, at the request of the Sheriff's Association, adopted a statute that if the County has a regional jail and the County has two or more members, one of those members has to be the Sheriff.. County Attorney Crook continued that Suffolk has replaced the City Manager with the Sheriff, as has Franklin, although the County has held off. County Attorney Crook stated chat although the City Managers are replaced by the Sheriffs, the City Managers stay on as alternates and attend all the meetings and do most of the work of the Authority Board as professional administrators. Chairman Bradby moved the nomination of Supervisor Spady as the elected official on the Western Tidewater Regional Jail Authority from Isle of Wight County. The motion passed unanimously (5-0). Supervisor Cofer moved the nomination of Sheriff Phelps as a member: and Myles E. Standish as an alternate member on the Western Tidewater Regional Jail Authority from Isle of Wight County. The motion passed unanimously (5-0). // Chairman Bradby called for the County Administrator's report. At 3:35 p.m., Supervisor Cofer moved the Board take afive-minu#es recess. The motion passed unanimously (5-0). At 3:45 p.m., upon returning to open session, Chairman Bradby stated - he would like to welcome the two new Board members and congratulated. them upon being members of the Board. Supervisor Cofer stated that although by State law, he did not have a personal interest in the following matter of discussion, he did. have a major conflict because of all the proposals that were submitted on the County's group health insurance, he is licensed with four of the six companies. County Attorney Crook stated he has given Supervisor Cofer an opinion that he does not have a legal conflict of interest because the monetary compensation he receives is less than the amount the statute requires for a conflict of interest. County Attorney Crook further stated that because Mr. Cofer is connected with the companies who have submitted bids, he has chosen not to participate in the discussion or decision and he compliments Supervisor Cofer for exercising that good judgement to avoid any. appearance of impropriety. Sam Rosenthal, the County's insurance advisor, stated when the Blue Cross Blue/Shield renewal was presented, it reflected a large rate increase which. resulted in other alternatives being sought for the County's health insurance and when the proposals were received, these did not meet the needs of the County. Mr. Rosenthal further stated he was then directed to go back to the market and compare the higher rates received with self- insurance options. Mr. Rosenthal continued that these efforts were successful in that the County received .three offers of which the most competitive was Pacific Mutual who presented lower rates than are . presently being charged to the County, in addition to fail safe items within the program that cap the County's expenses per person for any illness or accident at $20,000 and also caps the maximum cost to the County and the employees of no more than $377,872. Mr. Rosenthal stated the rates are also .attractive because instead of spending over $200 per month per employee only, the rate will be $185 and in lieu of having only. three tiers consisting of the employee only, employee plus one and family rates, the County now has a fourth tier for employee plus spouse, which allows the husband/wife only participation to .pay a reduced rate for themselves, rather than the family rate. Mr. Rosenthal pointed out that not only are the overall costs, lower than what the County is paying now, but they are also the lowest when compared to all other programs and the County will have complete , control over benefits, in addition to the County receiving reports each ' month on how much the County has contributed and how much was paid out for benefits. Mr. Rosenthal stated County employees can still enjoy. paying-for their group insurance with pre-taxed dollars and the Countywill have the opportunity to .control the overall cost by either implementing a hospital bill audit program or a case management program for any very serious individual claims which will further control costs. Supervisor Spady moved the Board direct the. County Administrator to take the necessary -steps to terminate the Blue Cross/Blue Shield insurance and accept the proposal from Pacific Mutual for the County's health insurance. The motion passed unanimously (5-0). County Administrator Standish stated for the Board's information, the County's liability insurance carrier did advise that the County's insurance was-being terminated in mid-January and the County would be transferred to the State liability. pool where the County will maintain coverage at the same level with no losses. Supervisor Edwards moved the Board adopt the following resolution: ~ ~r RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND DOLLARS FROM THE RUTH ,CAMP CAMPBELL FOUNDATION FOR GRANTS TO THE WINDSOR AND CARRSVILLE VOLUNTEER FIRE DEPARTMENTS AND THE WINDSOR RESCUE SQUAD- WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a grant from the Ruth Camp Campbell Foundation for the Windsor and Carrsville Volunteer Fire Departments and the Windsor Rescue Squad; and, WHEREAS, the funds in the amount of six thousand dollars ($6,000) to be received from the Ruth Camp Campbell Foundation need to ~be appropriated to the Windsor and Carrsville Volunteer Fire Departments and the Windsor Rescue Squad line item in the 1991-92 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 six thousand dollars ($6,000) to be received from the Ruth Camp Campbell Foundation be appropriated to line item 3202-5604B, Carrsville Volunteer Fire Department ($2,000); 3202-5604E Windsor Volunteer Fire Department ($2,000); and 3203-5605B Windsor Rescue Squad ($2,000) in the 1991-92 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 unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-EIGHT DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of funds for school construction;. and, WHEREAS, the funds in the amount of two hundred ninety-nine thousand nine hundred ninety-eight dollars ($294,998) need to be appropriated from the unappropriated fund balance to the school. construction fund in the 1991-92 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED b the Y Board of Supervisors of the County of Isle of Wight, Virginia that two hundred ninety-nine thousand nine hundred ninety-eight dollars ($299,998) from the unappropriated fund balance be appropriated to the, school construction fund in the 1991-92 budget of the County of Isle of Wight. ~0~'I( ~ i ri hr~ 7.V ~. BE IT FURTHER RESOLVID 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 unanimously (5-0). County Administrator Standish stated that the Hampton Roads Planning District Commission has requested the County's position in .participating in the research for the regional groundwater study at a cost of $715 to the County. Supervisor Spady moved that the Board direct the County Administrator to advise the Hampton Roads Planning District Commission that the .County wishes to continue participating in the research- for the regional. groundwater study. The motion passed unanimously (5-0). County Administrator Standish stated in the agenda for the Board's information is a budget calendar for next fiscal year and that in the previous year the Board approved an expedited process where the County budget and the School Board budget are considered simultaneously. County Administrator Standish further stated this process will require a special meeting of the Board in late April to adopt the budget and the School Board budget may be considered in one of two ways, one in lump sum and the other is by certain categories as specified in the State Code. Supervisor Spady requested that the School Board budget be listed by the seven categories as specified in the State Code. The motion passed unanimously (5-0). Supervisor Edwards requested that County Administrator Standish. contact Congressman Sisisky's office regarding census age .and income tabulation. figures to determine the number of low-income senior citizens. and citizens with. disabilities who reside in the County. // Chairman Bradby called for Appointments. Chairman Bradby moved the Board nominate Supervisor Spady to the Hampton Roads Planning District Commission to fill the unexpired term of Richard L. Turner whose term expires on June 30,1992. -The motion passed unanimously (5-0). Chairman Bradby moved the Board nominate Supervisor Cofer to the Public Service Authority representing the Smithfield Election District to fill the unexpired term of Thomas L. Ross whose term will expire on March 4, 1993. The motion passed unanimously (5-0). Supervisor Edwards moved the Board nominate Supervisor Spady to the Public Service Authority representing the .Newport Election District to ~~ ~:: n ~_ ~ , :T. ~~.7 ~ fill the unexpired term of Richard L. Turner whose term will expire on March 4, 1994.. The motion passed unanimously (5-0). Supervisor Edwards moved the Board nominate Supervisor Bradshaw to the Public Service Authority representing the Carrsville Election District for another four-year term which will expire on March 4,1995. The motion passed unanimously (5-0). Supervisor Cofer moved the Board nominate Chairman Bradby to the Public Service Authority representing the Hardy Election District for another four-year term which will expire on March 4, 1996. The motion passed unanimously (5-0). Chairman Bradby moved the Board nominate Supervisor Cofer to the Southeastern Public Service Authority to fill the unexpired term of Thomas L. Ross whose term expires December 31, 1994. The motion passed unanimously (5-0). Supervisor Cofer moved the Board nominate Hugh Gwaltney and Ida Kerney to the Isle of Wight Commission on Aging representing the Smithfield Election District. The motion passed unanimously (5-0). Supervisor Cofer moved the Board nominate Robert W. Manley, IV to the Isle of Wight Planning Commission representing the Smi#hfield Election: District for afour-year term which expires in February of 1996. The motion passed unanimously (5-0). Supervisor Spady .requested that the districts for each board appointment be listed on the appointments page in future agendas.. // Chairman Bradby called for New Business. There was no new business offered for discussion by the Board., // Chairman Bradby called for Old Business. There was no old business offered for discussion by the Board. // Chairman Bradby called for approval of the November 21, 1991 minutes, the December 5, 1991 continued meeting minutes and the December 5, 1991 regular meeting minutes. County Attorney Crook stated he recommended all the minutes to .the Board for adoption. Upon recommendation of County Attorney Crook, Supervisor i • ~p~~K ~~ *i~:~~~lJ Edwards moved the Board adopt the November 21, 1991 minutes, the December 5, 1991 continued meeting minutes and the December 5, 1991 regular meeting minutes of the Board. The motion passed (3-0) with Supervisors Bradby, Bradshaw and Edwards voting• in favor of the motion and Supervisors Cofer and Spady abstaining from voting... // At 4:30 p.m., Supervisor Edwards moved the Board adjourn.. The motion passed unanimously (5-0). Henry H. adby, Chairman Myles .Standish, Clerk