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07-16-1992 Regular Meeting Bo~K 14.~.:-31~ REGULAR MEETING OF THE ISLE OF WIGHT .COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JULY 1N THE YEAR . NINETEEN HUNDRED NINETY TWO: PRESENT: Henry H. Bradby, Chairman Steve W. Edwards, Vice .Chairman jArtived at 7:05 p.m.) 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 Caskey, 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 .7:00 p.m. The invocation. was delivered by Supervisor Spady. // Chairman Bradby called for Citizens' Comments. There were no citizens' .comments offered to the Board. ' // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following request and application for the Board's consideration: A. Request of Roland L. Spady, owner, and Miller Oil Company, Inc., lessee, to construct a canopy, erect four (4) business signs, and other renovations to the exis ing structure and property located at 19417 Brewer's Neck Boulevard in the St. Luke's Historic District, Newport Magisterial District.. Mr. Caskey stated the application was brought before the County's Historic Architectural Review Committee. who recommended approval of the application to the Board of Supervisors subject to certain conditions contained in the Board report. Mr. Caskey further stated thak prior to the application the Board of Zoning Appeals in June had previously approved certain zoning variances to allow .location of the. canopy structure to be within one foot of the existing State right of way. . Supervisor Spady moved the Board approve. the request. The motion passed unanimously (5-0). J 1 1 1 80QK 14 ~,::. ~~~ B. The. application of Roland L. Spady, owner, and Miller Oil Company, Inc., lessee, for a Conditional Use Permit to locate two (2) face signs on a proposed canopy, no closer than twelve (12) feet ' from the street right-of-way and to locate one (1) detached sign no closer than one (1) foot from the street right-of--way at 19417 Brewers Neck Boulevard (Route 258 & 32) in Newport Magisterial. District. Mr. Caskey stated there was opposition expressed to the application at the Planning Commission meeting by Planning Commission members but • the. Planning Commission did recommend approval of the application by - a vote of 5 to 3. Mr. Caske further stated the a royal of the a lications pp will enable the property to be improved for the purposes of constructing and opening a convenience store which provides for the sale of motor. vehicle fuel as well as a retail outlet. F. C. Hodgson, employee with Miller Oil Company, Inc., appeared • and spoke in favor of the application. Supervisor Spady moved the Board approve the application. The motion passed unanimously (5-0). I // Chairman Bradby called for the County Attorney's report. County Attorney Crook passed out correspondence dated July 10, 1992 regarding the settlement of the case of the Board of Supervisors of Isle of Wight County, Virginia vs. Paul N. Carrithers, Inc. et al, at Law No. 4345. County Attorney Crook stated he was prepared to discuss the matter regarding the settlement of the pending case in executive session if the Board wished. County Attorney Crook stated the matter involves litigation `and he did not wish to talk about it in open session. County .Attorney Crook passed out correspondence dated, July 13, • 1992. re ardin a Chan a in the ollin lace at the Carrollton Precinct. I g S g P gP • County Attorney Crook stated. the change in the polling place at the Carrollton Precinct from the senior citizens building to the recreational hall at Nike Park requested by the Board last May has been approved by the justice Department. County Attorney .Crook stated he has forwarded to County Administrator. Standish a resolution from the Western Tidewater Regional Jail Authority which he would like the Board to consider and approve.. ~ ~ County Attorney .Crook further stated the original .agreement with the ~ Western Tidewater Regional Jail Authority was that Suffolk would convey. ~ I to .the Authority the .old jail to be used as a juvenile detention center, but the Department of Corrections has since advised the Authority that the Authority could not be involved in juvenile detention centers. County Attorney Crook continued in view of the condition of the old jail, it is more of a liability than an asset .and the Authority is now requesting the i aoen ~.4 ~~.: ~1~ jurisdictions to' remove the required conveyance from the original agreement. , Supervisor Cofer moved the Board adopt the following resolution amending the agreement for the Western Tidewater Regional-Jail Authority: A RESOLUTION AMENDING THE AGREEMENT OF THE MEMBER JURISDICTIONS OF THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY OF NOVEMBER 1,1990 . WHEREAS, the City of Suffolk, Virginia, the County of Isle of Wight, Virginia, and the City of Franklin, Virginia, entered into an agreement dated November 1, 1990 for the development, construction, operating and maintenance of the Western Tidewater Regional Jail; and, WHEREAS, said agreement in section C, paragraph Z, provided that the City of Suffolk would convey the new portion of the Suffolk City Jail to the Western Tidewater Regional Jail Authority within thirty (30) days after the Western Tidewater Regional Jail Authority is in operation; and, WHEREAS, the member jurisdictions have decided that they have no use or need for the new portion of the Suffolk City Jail and they wish to release the City of Suffolk from that obligation of said agreement.. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the parties covenant and agree that the Agreement of November 1, 1990 of .said parties, section C, paragraph 2, is amended by deleting therefrom the following language: "The City of Suffolk shall convey the .new portion of the existing Suffolk City Jail to the Western Tidewater Regional jail Authority within thirty (30) days after the Western Tidewater Regional Jail is in operation." The motion passed unanimously (5-0). County Attorney Crook stated he has distributed a letter to the Board in response to a request of him from the Social .Services Department regarding old obsolete County vehicles being given to clients for $1. County Attorney Crook stated that although this is a worthy cause, the County is limited by law as to what it can do with. obsolete surplus property, of which giving them away is not an option. County Attorney Crook further stated the County can, however, transfer vehicles within departments or they can be sold at public auction. County Attorney Crook stated he has reviewed the leases between the ' County and the Health Department and recommends them to the Board. County Administrator Standish stated at the last meeting he noted to the Board that the lease arrangement between the County and the State was at a point where the County could renew the lease or the Board could take the opportunity to raise the rent. County Administrator Standish further A _ _ 1 ~f t•, .i stated he was directed to proceed with negotiating the rent with the Health Department which they agreed to do and the rent for the existing Health Department building on Grace. Street will be raised from $1,000 to $1,200 'per month for athree-year period. County Administrator Standish continued there is a second lease agreement for office space across. the street from the existing Health Department facility to house additional staff which the County will also be reimbursed for and he would recommend the Hoard approve both leases with the total amount of reimbursement to the County from the State over the next three years at $86,400, retroactive to July 1, 1992 and. effective through June 30, 1995. ' Supervisor Cofer moved. the Board authorize the Chairman to sign the following lease agreements with the Health Department: LEASE 1 This DEED OF LEASE, entered into this first day of July, 1992, by and between the Board of Supervisors of Isle of Wight County, party of the first part, hereinafter referred to as the Lessor, and the VIRGINIA STATE l DEPARTMENT OF HEALTH, party of the second part, hereinafter referred to as the Lessee: WITNESSETH I That the said Lessor doth let-and demise unto the said Lessee, the following property, to-wit: A portion of a brick building located at 404 Grace Street, Smithfield, Virginia, the portion of which is leased consists of .approximately ,1,500 square feet. I The herein described property and premises are hereby leased to be used and occupied by the Lessee for its agent or agents for such purpose or purposes as the Lessee may now or hereafter be empowered by law to use I the same, in any or all of the undertakings of the Lessee and its agent or affiliates. -This lease shall commence on the first da of jul , 1992, and extend for. a Y Y period of thirty-six months, ending on the 30th day of June, 1995, yielding therefrom, during the said term the rental of $43,200, which amount shall be due and payable as follows: $3,600 quarterly at the end of each quarter. 1. The Lessor covenants. and- agrees. I (a) To deliver quiet possession of said premises to the Lessee on the effective date of this lease; (b) To deliver the said premises in good repair suitable. to the use for which they are leased and warrants that all plumbing, heating, air conditioning, electrical and mechanical devices and appliances of every nature upon .the premises are in good repair. and worldng order, g~~~ 14.~~~31~~ ., (c) To keep the said ~ premises and all plumbing, heating, air conditioning, electrical and mechanical devices .and appliances- of every nature upon the premises in good repair and in working order at the expense. of the Lessor during .the tenanry of this Lease and to provide heat, air conditioning, electricity, water, and janitor services on the premises at Lessee's expense during. the tenanry of this Lease; (d) If the said premises are damaged by fire or otherwise, but not so as to render the premises untenantable, upon being notified so to do by the Lessee or its duly authorized agent, to repair and restore, as promptly as possible, the said premises to their former condition, in which event there shall be a prorata abatement of the rent for the period during which the said repairs and restoration are being completed, for that portion of the premises not usable by the Lessee during such period; (e) That in the event of the failure of the Lessor to make such repairs and restoration within a reasonable time after notice, then the Lessee may terminate this Lease or proceed to make, or cause to be made, such repairs at the expense of the Lessor and deduct the cost. thereof from ensuing rentals as they become due or collect such cost from the Lessor in any manner which may be provided by law; (f) To equip and make such alterations and additions to the said premises an the equipment therein belonging to the said Lessor as shall be necessary at all times to comply with the provisions of Federal, State, and Local laws, ordinances, and regulations pertaining to health, safety, fire, and public welfare; and, (g) That the Lessee may make such alterations and additions to the said premises during the term of this Lease as the Lessee may deem proper .with. written approval of the Lessor, and that the Lessee may install fixtures, partitions, and make such other improvements. as the Lessee may deem proper or necessary, and that the title and ownership of such materials as may. be used in such alterations and additions, and all fixtures, partitions, and other improvements made or installed by the Lessee, shall remain the property of the Lessee, and upon -the termination of this Lease, the Lessee may, at its option, remove the same. i~ f: •~ 8~~~ 14 ,~ ::31~~~ .. 2. That Lessee rnvenants and agrees: (a) To pay the rent herein provided for in the manner herein provided, without the necessity of demand being made therefor by the Lessor;. '(b) At the termination of this Lease, to deliver peacefully the said premises in as good order and repair as the same was at the beginning of this Lease, reasonable wear and tear excepted, subject to the agreement of .the Lessor to make repairs. and restoration as elsewhere. herein provided; (c) That the Lessor, his agents or assigns, may show the premises to prospective purchasers, during the business hours maintained by the Lessee, and at such other times during this tenancy as the Lessee may permit.. 3. 1t is mutually covenanted and agreed by the Lessor and the Lessee: (a) That for the purpose of this Lease, it is mutually understood and agreed that where the words "repairs" and/or "restoration" are used, the same shall be deemed to include the replacement of broken glass; (b) That if the said premises be so damaged by fire or I otherwise as to render the same, in the opinion of the Lessee, untenantable, this Lease shall immediately terminate; (c) That in the event that by operation of law the Lessee shall cease to exist,. or that the powers of the Lessee shall. be so construed as not to permit the Lessee to continue to use the premises herein demised for the . purpose for which they shall have been used, then in that event, this Lease and all responsibility and liability of the Lessee of whatever kind hereunder shallterminate; (d) That a written notice of sixty days shallbe given by the Lessee should it desire to vacate the .said premises at the termination of this Lease and should the Lessor desire possession at the termination of this Lease, a like sixty-day notice shall be required . to be given by the Lessor; and in the event no such notice. is given by either party, then this Lease shall. continue in force from year to year at the same annual rental and subject to all the terms, wnditions, and covenants herein contained; 1 i ~. a o"N I4 ,~;:-:3?p ~ (e) That any and all notices affecting this Lease maybe served by the parties hereto or their duly authorized agents, as effectively as if the same. were served by any officer authorized >,y law to serve notices; and the return of such person of the time and. manner of the service thereof shall have the same force and effect as to any legit proceedings based thereon as the return of any officer authorized by law to serve .notices; and, ' (f) This written Lease constitutes the entire agreement . between the Lessor and the Lessee regarding the demise of the property herein described and no agent of either party has any authority to alter, amend, or waive any of the terms. hereof, unless such amendment be in writing and consented to and signatured by the parties hereto. 4. The Lessor hereby designates the Board of Supervisors of Isle of Wight County, whose address is Isle of Wight Courthouse, Isle of Wight, Virginia 23397, as the agent of the Lessor, and directs that the payments of all rents to accrue hereunder shall be made by the Lessee to such Agent; and any and all .notices hereunder, when served upon the said Agent, shall have the same force and effect as if served upon the Lessor in person; and the Lessee hereby designates Isle of Wight County Health Department whose address is 402 Grace Street, Smithfield, Virginia 23430, as the Agent of the Lessee, for the purpose of accepting notice as may be herein provided. S. Special covenants: (a) This Deed of Lease is conditioned upon and subject to all state laws and continuation of the State-local health department affiliation now in existence; and, this Lease shall be canceled automatically in the event of termination of the State-local health department affiliation now in existence, or in the event the local, State, or Federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of this Lease.. LEASE . This DEED OF LEASE, entered into -this 1st day of July, 1992„ by and between the Board of Supervisors of Isle of Wight County, party of the first . part, hereinafter referred to as the Lessor, and the .VIRGINIA STATE DEPARTMENT OF HEALTH, party of the second part, hereinafter referred to as the Lessee: . WITNESSETH J 1 T r 1 •\ BO~t ~~,, That the said Lessor Both let and demise unto the said Lessee, the following property, to-wit: The brick building located at 402 Grace Street, Smithfield, Virginia consisting of approximately 6,000 squaze feet. The herein described property and premises are hereby leased to be used and occupied by the. Lessee for its agent or agents for such purpose or .purposes as the Lessee may now or hereafter be empowered by law to use the same, in any or all of the undertakings of the Lessee and its agent. or affiliates. -This lease shall commence on the 1st day of July, 1992, and extend for a period of thirty-six months, ending on the 30th day of June, 1995, yielding ; therefrom, during the said term the rental of $43,200, which amount shall. be-due and payable as follows: $3,600 quarterly at the end of each quarter. 1. The Lessor covenants and agrees: (a) To deliver quiet possession of said premises to the Lessee on the effective date of this lease;. I (b) To deliver the said premises in good repair suitable _to the use for which they are leased and warrants that all plumbing, hating, air conditioning, electrical and mechanical devices and appliances of every nature upon the premises are in good repair and working order; I (c) To keep the said premises and all plumbing, heating, air conditioning, electrical and mechanical devices and appliances of every nature upon the premises in good repair and in working order at the expense of the Lessor during the tenanry of this Lease and to provide heat, air conditioning, electricity, water, and janitor services on the I premises at Lessee's expense during the tenancy of this Lease; (d) If the said. premises are damaged by fire or otherwise, .but not so as to render the premises untenantable, upon being notified so to do by the Lessee or its duly authorized agent, to repair and restore, as promptly as possible, the said premises to their former condition, in which event there shall be a prorata abatement of the .rent for the period during which the said. repairs and restoration are .being completed, for that portion of the premises not usable by the Lessee during such period; (e) That in the event of the failure of the Lessor to make such repairs and restoration within a reasonable ,~ eon 14 ~~;,~:32? time after notice, then the Lessee may terminate this Lease or proceed to make, or cause to be made, such repairs at the expense of .the Lessor and deduct the cost thereof from ensuing rentals as they become due or collect such cost from the Lessor in any ' manner which may be provided by law; (f) To equip and make such alterations and additions to the said premises and the equipment therein belonging to the said Lessor as shall be necessary. at . all times to comply with the provisions of Federal, State, and Local laws, ordinances, and regulations pertaining to health, safety, fire, and public welfare; and, (g) That the Lessee may make such alterations and additions to the said premises during the term of this Lease as the Lessee -may deem proper with written approval of the Lessor, and that the Lessee may install fixtures, partitions, and make such other improvements as the Lessee may deem proper or necessary, and that the title and ownership of such materials as may be used in such alternations and additions, and all fixtures, partitions, and other improvements made or installed by the Lessee, shall remain the property of the Lessee, and upon the termination of this Lease, the Lessee may, at its option, remove the same. 2. The Lessee covenants and agrees: (a) To pay the -rent herein provided for in the manner. herein provided, without the necessity of demand being made therefor by the Lessor; (b) At the termination of this Lease, to deliver peacefully the said premises in as good .order and repair as .the same was at the beginning of this Lease, reasonable wear and .tear excepted, subject to the agreement of the Lessor to make repairs and restoration as elsewhere herein provided; (c) That the Lessor, his agents or assigns, may show the premises to prospective purchasers,. during the business hours maintained by the Lessor, and at such other times during this tenancy as the Lessee may permit. 3. It is mutually covenanted and agreed by the Lessor and the Lessee: . (a) That for the purpose of this Lease, it is mutually •~ r i~ .: a~~h l4 .~..3?3 understood and agreed that where the words "repairs" and/or "restoration" are used, the same shall be deemed to include the replacement of broken glass; ro) That if the said premises be so damaged by fire or otherwise as to render the same, in the opinion of the Lessee, untenantable, this. Lease shall immediately terminate; • (c) That in the event that by operation of law the Lessee shall cease to exist, or that the powers of the Lessee shall be so construed as not to permit the Lessee to continue to use the premises herein demised for the purpose for which they shall have been used, then in that event, this Lease and all responsibility and liability of the Lessee of whatever kind hereunder shall terminate; N (d) That a written notice of sixty days shall be given by the Lessee should it desire to vacate the said premises at the termination of this Lease and should the Lessor desire possession at the termination of ' this Lease, a like sixty-day notice shall be required to be given by the Lessor; and in the event no such notice is given by either party, then this Lease shall continue in force from year to year at the same annual rental and subject.. to all the .terms, conditions, and covenants herein contained; I (e) That any and all notices affecting this Lease may be served by the parties hereto or their.duly authorized agents, as effectively as if the same were served by any officer authorized by law to serve notices; and the return of such person of the time and manner of I the service thereof shall have the same force and effect as to any legal proceedings based thereon as the return of any officer authorized by law to serve notices; and, (f) This written Lease constitutes the entire agreement I between the Lessor and the Lessee regarding the demise of the property herein described and no agent of either party has any authority to alter, amend, or waive any of the terms hereof, unless such amendment be in writing and consented to and • signatured by the parties hereto. I 4. The Lessor hereby designates the Board of Supervisors of Isle of Wight County, whose address is Isle of Wight Courthouse, Isle of Wight, Virginia 23397, as the agent of the Lessor, and directs that the payments of all rents to accrue hereunder shall be made L ~. S. by the Lessee to such Agent; and any and all notices hereunder, when served upon the- said Agent, shall have the same force and effect as if served upon the Lessor in person; and the Lessee hereby designates Isle of Wight County Health Department whose address is 402 Grace Street, Smithfield, Virginia 23430, as the Agent of the Lessee, for the purpose of accepting notice as may be herein provided. Special Covenants: (a) This Deed of Lease is conditioned upon and subject to all state laws and continuation of the State-local health department affiliation now in existence; and, this Lease shall be canceled automatically in the event of termination of the State-local health department affiliation now in existence, or in the event the local, State, or Federal government fails to appropriate or allocate sufficient .funds for the purpose of continuation of this Lease. The motion passed unanimously (5-0). County Attorney Crook stated he has prepared amendments to the contract for the delinquent real estate tax collection attorneys to add the collection of delinquent personal property taxes in amounts over $1,000. Supervisor Edwards stated he had spoken with the Treasurer who agreed with the idea of these attorneys collecting delinquent personal property taxes in amounts over $1,000 and moved the Board approve the following amended contracts: AMENDMENT TO CONTRACT OF JUNE 6, 1991 This amendment to the contract of June b, 1991, made this 16th day of July, 1992, between the COUNTY OF ISLE OF WIGHT, VIRGINIA,-and JAMES L. WINDSOR. WHEREAS, the County of Isle of Wight and James L. Windsor entered into a contract dated )une 6,1991 for the collection of delinquent real estate taxes upon certain conditions and. terms as recited therein. WHEREAS, the said James L. Windsor has proposed to collect delinquent personal property taxes upon the same terms and conditions. IN CONSIDERATION WHEREOF, it is agreed by and between County of Isle of Wight, Virginia, and James L. Windsor, Attorney at Law, that the contract between the. parties of June b, 1991 is hereby amended to the extent that said contract will include the collection of delinquent personal property taxes owed to the County of Isle of Wight in the amount of One Thousand Dollars 01,000.00) or more. 1 1 1 1~ ., 1 ~i ~i ' ' J r .~ eo~h 14 .~::-•3 r~) AMENDMENT TO CONTRACT OF JUNE 6, 1991 This amendment to the contract of June 6, 1991, made this 16th day of June, 1992, between the COUNTY OF ISLE OF WIGHT, VIRGINIA, and WILLIAM H. RIDDICK, III. WHEREAS, the County of Isle of Wight and William H. Riddick, III entered into a contract dated June 6, 1991 for the collection of delinquent -real estate -taxes upon certain conditions and terms as recited therein. . WHEREAS, the said William H. Riddick, III has proposed to collect delinquent personal property taxes upon the same terms and conditions. IN CONSIDERATION WHEREOF, it is agreed by and between the County of Isle of Wight, Virginia, and William H. Riddick, III, Attorney at Law, that the contract between the parties of June 6, 1991 is .hereby ~ amended to the extent that said contract will include the collection of delinquent personal property taxes owed to the County of Isle of Wight in the amount of One Thousand Dollars ($1,000.00) or more. The motion passed unanimously (5-0). I County Attorney Crook stated he had provided the Board with, a written opinion relative to the Finance Board and investments of the County in response to inquiries made to him by members of .the Board of Supervisors and by the Treasurer regarding whose responsibility or by whose authority local funds may be invested. Supervisor Spady moved the Board table the matter to the August 6, 1992 meeting. The motion passed unanimously (5-0). County Attorney Crook advised the Board he was presently working on the-parking ordinance for the Board's consideration. County Attorney Crook stated the General Assembly has added Isle. of .Wight County to the list of counties that can adopt such a parking ordinance. I County Attorney Crook passed out correspondence dated July 8,1992 concerning the proposed agreement of the Town of Windsor and the County of Isle of Wight. County Attorney Crook stated that Board of Supervisors' members had indicated they wanted the agreement with I Windsor regarding the Fire Department property to be the same as the agreement the County had with Smithfield concerning the rescue squad property. Mr. Crook advised that the agreements were almost identical but the proposed agreement with Windsor contained a provision that the Town of Windsor and the County of Isle of Wight would share equally all costs of maintenance and repairs of the facility. I Supervisor Spady moved that the County Attorney advise the Town Attorney for Windsor that the sentence be deleted regarding "All expenses of maintenance, repair, and upkeep of the facilities shall be paid by the Town and the County in .equal shares". The motion passed unanimously I. . 80~K 14 ~.. ~~~~ (~)• ii Chairman Bradby called for the County Adminlstratos's report. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIVE THOUSAND FOUR HUNDRED NINETY-FOUR DOLLARS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of Wight has received grants .for. various programs; and, WHEREAS, the funds in the amount of five thousand four .hundred ninety-four dollars ($5,494) need to be carried over to the following. programs in the 1992-93 budget of the County of Isle of Wight, Virginia: Project YES Science on Saturday Special Education In-Service $3,628 1,723 143 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five thousand four hundred ninety-four dollars ($5,494) be appropriated to the programs listed above in the 1992-93 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 passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY-FIVE THOUSAND DOLLARS FROM THE 1991 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the Public Schools Facilities Needs Study; and, WHEREAS, the funds in the amount of twenty-five thousand dollars ($25,000) needs to be appropriated from the 1991; school bond issue proceeds to the school construction fund in the 1992_93 budget of the . County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty- five thousand dollars ($25,000) from the 1991 school bond issue proceeds be 1 1 .: .l appropriated. to the school construction fund. in the 1992-93 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 acrnunting 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 reported that Construction Control Corporation was still developing the anticipated schedule for the use of the balance of the bond proceeds which should be available at the Board's August 6, 1992 meeting. - Supervisor Cofer moved the Board adopt the following resolution:. RESOLUTION TO ACCEPT AND APPROPRIATE EIGHTEEN ~ THOUSAND TWO HUNDRED SIXTY-SEVEN DOLLARS FROM T~-iE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS FOR THE COUNTY'S VOLUNTEER-FIRE DEPARTMENTS I WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funds from the Virginia Department of Fire Programs for the County's Volunteer Fire Departments. WHEREAS, the funds in the amount of eighteen thousand two hundred sixty-seven dollars ($18,267) to be received from the Virlinia Department of Fire Programs need to be appropriated to the Volunteer Fire Department line items 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 eighteen thousand two hundred sixty-seven dollars ($18,267) to be received from the Virginia Department of Fire Programs be appropriated to line item 11- 32A2E-5604A Carrollton Volunteer Fire Department ($3,653.50); line item 11- I 3202E-5604B Carrsville Volunteer Fire Department ($3,653.50); line item 11- 3202E-5604F Rushmere Volunteer Fire Department (($3,653.50); line item I1- 3202E-5604D Smithfield Volunteer -Fire Department ($3,653.50); and line item 11-3202E-5604E Windsor Volunteer Fire Department ($3,653.50) in the 1991-92 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED .that the County Adminishator 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). I County Administrator Standish stated as previously discussed with the Board, the proration of personal .property taxes will require an , ordinance and public hearing. I L EonK 14 ~j::-~?~3~ Supervisor Spady stated. if the ordinance is adopted, he would like to ' see that the additional money earned as a result of the adoption of the ordinance be directed towards reducing the personal. property tax rate. Supervisor Bradshaw stated he is opposed to the adoption of this , ordinance because the current personal property tax rate is already high and places a burden on the taxpayers. Supervisor Spady stated if adopted, the ordinance would allow the Board to lower the personal property tax rate. Gerald Gwaltney, Commissioner of the Revenue, stated if the Board desires to use this program to bring in additional revenue, he would ' suggest the program be used to bring down the tax on personal property. Mr. Gwaltney stated the County does presently have the highest personal property tax rate in the Hampton Roads area. Supervisor Spady moved the Board direct the County Attorney prepare a draft ordinance to bring back to the Board for their review. The motion passed (4-1) with Supervisor Bradshaw. voting in opposition to the motion. Supervisor .Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWEN'T'Y-NINE THOUSAND TWO HUNDRID DOLLARS FROM TT-iE 1990 BOND ISSUE PROCEEDS FOR THE E-911 COMMUNICATIONS CENTER/PUBLIC SAFETY FACILITY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of the E-911 communications center/public safety facility; and, - WHEREAS, the funds in the amount of twenty-nine .thousand two hundred dollars ($29,200) need to be appropriated from the 1990 bond issue proceeds to the E-911 communications center/public safety facility project in the 1992-93 budget of the County of Isle of Wight. . NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the ' Board of Supervisors of'the County of Isle of Wight, Virginia that twenty- nine thousand two hundred dollars ($29,200) from the 1990 bond issue proceeds be appropriated to line items 149402-3002, Professional Services ($15,670), the 199~932budq a tof the County of Isle4of Wight Construction ($6,523) in $ 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 unanimously (5-0).. I 1 r: •t sa~K l4 .~:~:~3?~ ~ County Administrator Standish stated the architect was contacted earlier regarding housing emergenry water at the Courthouse complex for fire suppression purposes, as well as an emergenry generator system for the Public Safety Building. County Administrator Standish further stated he requested the architect to develop a schematic of what a building would look like that includes large tanks for large volumes of water and an adequate generator for the Public Safety Building. County Administrator Standish continued the architect then provided him with a drawing which went beyond what was anticipated and that the building could probably be half the size presented by the architect with a simple brick exterior, shingle • roof and inside at least one 10,000 water tank,. the generator and the well - County Administrator Standish then noted that the Public Safety Building is .approximately $250,000 below the cost the County had originally estimated. ` Supervisor Spady asked County Administrator Standish to provide a status report on the well at the Poor House Farm and the well. located in I the School Bus Garage. County Administrator Standish stated because the size of the pump. in the well at the School Bus Garage has not yet been determined, he had anticipated providing the Board with a report in the near future.. County I Administrator Standish further stated he is anticipating reporting back to the Board with a request for a larger pumF and hydropneumatic tank, in addition to plumbing work. Supervisor Spady agreed it is a good idea to have water storage at the Courthouse complex in the case of a fire and requested the Board table the matter for future consideration. County Administrator Standish presented ayear-end report for the Board's information on the delinquent .tax attorneys' efforts. County Administrator Standish stated $432,819 has been collected through the end of June, at a cost of $52,526 to the County, which represents 12% of the amount collected. ct between the Coun and I County Attorney Crook advised the contra ty the delinquent tax attorneys is a two-year contract which is valid for another year. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO DECLARE THE MONTH OF AUGUST AS BUY LOCAL PRODUCE MONTH WHEREAS the Farmers' Market Nutrition Program is being initiated I in Virginia this summer to encourage and support farmers and gardeners to continue to grow vegetables, fruits and nuts; and, WHEREAS, the initiation of a Farmers' Market Nutrition Program wiU ,, ~.~ ~ eoeM 14 .~::~330 thereby provide fresh nutritional produce in the County of Isle. of Wight; VYHEREAS, the Farmers' Market Associations and gardeners in Suffolk, Smithfield and Isle of Wight County have .agreed to participate in the Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the month of August be declared Buy Local Produce Month. The motion passed unanimously (5-O). County Administrator Standish stated the-Board requested at their last meeting a draft of the plaque for the Public Safety wilding and presented the Board with an illustration of the dedication plaque. County Attorney Crook noted that Mr. Taylor- spells his first name "Harald", not "Harold", and that he may also be a Jr. Supervisor Edwards requested that the plaque be revised to reflect the change of "Steven" to Steve. Supervisor Bradshaw stated it may be appropriate to put the name of County Attorney Crook on the plaque. Chairman Bradby requested the Board consider dedicating the next building to Deputy Blount who was killed in the line of duty. Supervisor Edwards also asked the Board to rnnsider dedicating the next building to the former Lt Governor Stephens. David Hardy, resident of the County, stated he believed it would be appropriate for the County to adopt a "National History Day". Supervisor Spady requested all Board members contact the County Administrator by the following Monday regarding any additional changes to the plaque and that the matter be tabled- until the August 6,1992 meeting of the Board. County Administrator Standish advised he would be reporting on aspects of the Master Water and Sewer Plan, which relates to the Count}~s Capital Improvements Plan now being worked on by the .Planning Commission, at the Board's August 6, 1992 meeting. County Administrator Standish stated regarding the GTE contract for 911 services, .County Attorney Crook has reviewed the document and negotiated his changes, and Mr. Standish would have the GTE contract ready for the Board's consideration .and approval at the August 6, 1992 meeting. County Administrator Standish stated for the Board's consideration he would suggest that the Finance Committee review some of the office .~ i 1 1 !f .: ., hours at the Courthouse complex because there is still a variety of office hours being .observed by the Constitutional offices. County Administrator Standish noted the Board did formally establish the official County hours as 8:30 a.m. to 5:30 p.m. Supervisor Spady stated that although the County has no control over the office hours of the Constitutional Offices, the request of the County Administrator would be reviewed. /1 Chairman Bradby called for Old Business. There was no old business offered for discussion by the Board. /! Chairman Bradby called for New Business. There was. no new business offered for discussion by the Board. // I Supervisor Edwards moved the Board appoint Ren Spivey to fill the unexpired term of David Joyner on the Planning Commission representing :.the Windsor District whose term will expire in February of 1996. The motion passed unanimously (5-0). I Supervisor Spady moved the Board reappoint Linda Bean to the Private Industry Council for an additional two-year term which will expire in July of 1994. The motion passed unanimously (5-0). // Chairman Bradby called for approval of the June 18;1992 minutes. Supervisor Spady moved the Board adopt the June 18, 1992 minutes of the Board. The motion passed unanimously (5-O). // I Supervisor Cofer moved the ;Board adjourn at 8:00 p.m. The motion passed unanimously (5-0). . I Henry H. Bradby,. Chairman Myles E tandish, Clerk i ,. L