08-06-1992 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SUCfH DAY OF AUGUST IN THE YEAR .
NINETEEN HUNDRED AND NINETY TWO.
PRESENT; Henry H. Bradby, Chairman
Steve W. Edwards, Vice Chairman
Joel C. Bradshaw, Jr.
Malcolm T. Cofer
O. A. Spady
Alsa 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 2:00 p.m. The
invocation was delivered by Supervisor Cofer.
//
Chairman Bradby stated Laura Lynn Flattum, Miss Virginia, would
not be present at this meeting and called for Transportation Matters.
MacFarlane Neblett, Resident Engineer, Virginia Department of
Transportation, stated the South Church Street project in Smithfield is now
underway which is expected to be complete in June of 1993. Mr. Neblett
further stated the Route 620 project over Vellines Swamp was completed on
July 22,1992 and is now open to traffic and the project on Route 600, Oliver
Drive, would be started in October. Mr. Neblett continued VDOT is now
in the process of having the utilities relocated and the low bidder has been
determined, although the project has not yet been awarded.
Chairman Bradby called for comments from. the Board.
Supervisor Bradshaw requested that Route 696, a dirt road, be
widened.
Mr. Neblett confirmed Route 696 is a dirt road approximately two
miles in length between Route 615 and Routeb4l of which VDOT currently
has a portion of the right of way secured. Mr. Neblett further stated once
the donated right of way has been secured, he would come back to the
Board to request their approval to proceed with the project.
Supervisor Edwards stated he understood that traffic studies would
soon be done on the road at Central Hill between the church going up to
Route 620 and requested Mr. Neblett to explain the procedure for ,
accomplishing such.
Mr. Neblett explained when a speed study is performed on a road, the '
85 percentile speed is determined and VDOT knows that 85% of the drivers
i
--,
~~~
,:
.,
1
1
90~r ~-~ ~~ 1~ ~~
are going to drive that section of road at a safe speed or below and 15% of
the drivers will drive at a speed that will be considered unsafe. Mr. Neblett
further stated this raw data is accumulated and the 85 percentile speed is
compared with what is considered a safe operating speed. that is determined
by a VDOT Traffic Engineer. Mr. Neblett continued if the 85 percentile
speed is above this, it shows that-the majority of the people are exceeding
the speed limit. Mr. Neblett stated if it is below the 85 percentile speed,
then VDOT will look at posting the road at a lower speed. Mr. Neblett
further stated this procedure is performed nationwide and it has been
proven statistically to be correct.
Supervisor Edwards stated regarding the roads in question where he
has had concerns, the Sheriff's Department has been contacted concerning
particular attention to these roads.
Mr. Neblett stated he would send each Board member a brochure on
speed limits which would better explain speed limit procedures. I
Supervisor Spady requested Mr. Neblett to check into the right of way
on the road on Ragged Island near the junkyard. Supervisor Spady stated
regarding the bridge in Rescue, the State Department of Transportation has I
determined that the bridge needs to be replaced due to unsecure pilings
- and moved the Board direct the County Administrator to send a letter or
resolution stating that Isle of Wight County is a historical county with many
buildings but that the County does not wish to spend additional money to
. study the bridge. The motion passed unanimously (5-0).
Supervisor Cofer asked. Mr. Neblett why the State has money to I
widen the four lanes on Route 10 but cannot cut the grass along the
roadway?
Mr. Neblett stated VDOT has paved the shoulders of Route 10 to
reduce the maintenance of the shoulders which will result in future savings. I
Mr. Neblett Further stated regarding grass cutting, a certain amount of
funds are allocated for this purpose and he has VDOT standards to follow
that allow for primary systems to be cut three times per year and the
secondary system to be cut at least once, sometimes, twice a year.
Supervisor Spady asked if VDOT could obtain contract cutting?
Mr. Neblett replied he could do .this, .although there are no funds.
allocated Eor this.
Sherlon Lankford re nested VDOT place a speed limit sign on Route
682 and presented a list of names in support of his request.
Mr. Neblett stated he would have a speed limit study performed on I
the road and look at the density of the residences to see if it would qualify
for a 25 mph speed limit sign to be installed. Mr. Neblett further stated he
would also get back in touch with Mr. Lankford.
Chairman Bradby stated he had received a call from the Central Hill
L
ao~K 14 ~~.:-~3
~~
r
community advising there was a hole in one of the dead-end roads and
requested Mr. Neblett clean the- ditches along this road also.
Chairman Bradby advised Mr: Neblett that residents of Rushmere
Shores would like to meet with ham on Saturday.
Mr. Neblett stated he would meet with the residents of Rushmere
Shores on the 15th of August at 12:00 p.m.
Supervisor Bradshaw requested the status of repladng the bridge at
Bows & Arrows Road.
Mr. Neblett stated this would be performed next year.
Supervisor Spady stated the hole in the road at Morgans Beach had
collapsed again and requested Mr. Neblett have it repaired.
//
Chairman Bradby called for a public hearing on the following:
Consideration by the Board of Supervisors for the Purpose of
Setting the 1992-93 Secondary Highway Construction Budget for
Isle of Wight County '
Supervisor Edwards stated. the Board had previously directed that
Blackwater Road be moved up on the Six-Year. Plan schedule to 1993-94.
Mr. Neblett stated the project had been moved up from 1996-97 to.
1993-94 which is when the funding would begin on this project.
Supervisor Bradshaw again requested the status of the bridge at Bows
and Arrows Road.
Mr. Neblett stated the Plan being considered by the Board today is the.
One-Year Plan and the bridge at Bows and Arrows Road is listed under the
Six-Year Plan. Mr. Neblett further stated there were no funds allocated for
this project under this particular Plan.
Supervisor Bradshaw requested if Mr. Neblett had additional funds
not allocated to a particular project, could he apply these funds to this
project so that it could begin as soon as possible..
Supervisor Edwards moved the Board approve the secondary highway
construction budget as presented for Isle of Wight County for 1992.93. The
motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the following:
An Ordinance to Amend Section 15.1-1 of the. Isle of Wight
County Code to Add the Assessment of Fees in All Civil Cases
for Courthouse Construction, Renovation or Maintenance
1
1
1
if
f5
•~
au~K ~_4 .~:~~:35 ~'
County Attorney Crook stated this is an ordinance to add a $2 fee in
all civil cases. County Attorney Crook further stated the County already
has such a fee in criminal and traffic cases and the General Assembly this
past year authorized the fee to be added in civil cases.
Supervisor Cofer moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND
SECTION 15-1.1 OF THE ISLE OF WIGHT
COUNTY CODE TO ADD THE ASSESSMENT OF FEES
IN ALL CIVIL CASES FOR
COURTHOUSE CONSTRUCTION, RENOVATION
OR MAINTENANCE
WHEREAS, the General Assembly of Virginia in 1990 Session, by an
Act embodied in Section 14.1-133.2 of the Code of Virginia authorized any
county, city or town through its governing body to assess as part of the fees ~
taxed as costs in each criminal or traffic case in a district or circuit court a
sum not in excess of two dollars ($2.00) for disbursement by the governing
body for the construction, renovation or maintenance of courthouse or jail
and court-related facilities and to defray increases in the costs of heating,
- cooling, electricity and ordinary maintenance; and,.
WHEREAS, the Board of Supervisors of the County of Isle of Wight
adopted an ordinance on June 7, 1990 as Section 15-1.1 of the Isle of Wight
County Code assessing as part of the fees taxed as costs two dollars ($2.00).
in each criminal and traffic case; and,
WHEREAS the General Assembl of Vir inia by an Act of 1992, `
Chapter 696, added the provision that said fees could be taxed as costs in
each civil action filed in the district or circuit courts.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County, Virginia, that Section 15-1.1
of the Isle of Wight. County Code, adopted June 7, 1990, amended July 18,
1991,. is hereby amended to add the fees taxed as costs in civil cases so that
said ordinance shall hereafter read as follows:
Section 15 1 1 Assessment far construction, renovation or maintenance of
courthouse or jail and court-related facilities.
There is hereby assessed the sum of two dollars ($2.00) in each and
every civil, criminal and traffic case filed in the General District Court, the
Juvenile and Domestic Relations District Court, and the Circuit Court of Isle
of Wight County, Virginia, which shall be collected by the Clerk of said
Court in which the action is filed and remitted to the Treasurer of the '
County of Isle of Wight and- held by said Treasurer subject to disbursements
by the Board of Supervisors of Isle of Wight County, Virginia, for the
construction, renovation or .maintenance of courthouse or jail and court-
related facilities and to defray increases in the costs of heating, cooling and
.electricity, and ordinary maintenance. ~ ~
a0na. ~.~ '~~`~ a3
The assessment provided for herein shall be in addition to any other
fees prescribed by law.
The motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the following:
An Ordinance to Amend an Ordinance to Increase Fees to Cover
Administrative .Costs for Collection of Delinquent Taxes
County Attorney Crookstated the County presently has this ordinance
under the previous fees of $l0 for delinquent taxes collected subsequent to
the filing of a warrant and $15 subsequent to judgment. County Attorney
Crook further stated the General Assembly has increased the amount to $2A
and $25 respectively and this ordinance is to amend the ordinance the
County presently has to increase the fees in accordance with'the statute.
Supervisor Spady moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE
TO INCREASE FEES TO COVER ADMINISTRATIVE COSTS
FOR COLLECTION OF DELINQUENT TAXES.
WHEREAS, the Board of Supervisors of Isle of Wight County adopted
an ordinance November 6,1986 providing for a fee to cover administrative
costs in collection of .delinquent taxes of ten dollars ($10.00) for taxes
collected subsequent to the filing of a warrant and fifteen dollars ($15.00)
for taxes collected subsequent to judgment pursuant to Section 58.1-3958 of
the Code of Virginia which authorized such an ordinance; and,
WHEREAS, the General Assembly of Virginia in 1991 amended
Section 58.1-3958 of the Code of Virginia to increase the administrative fees
allowed to twenty dollars ($20.00) for taxes collected subsequent to the
filing of a warrant and twenty-five dollars ($25.00) for taxes collected
subsequent to judgment.
THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board .
of Supervisors of Isle'of Wight County, Virginia, that Section 15-5.1 of the
Isle of Wight County Code is hereby amended to read as follows: .
Sec 15 51 Fee to cover administrative costs in collection of
delinquent taxes.
There is hereby imposed on delinquent taxpayers a fee to cover
administrative costs associated with collection of delinquent taxes, in the
amount of twenty dollars ($20.00) for taxes collected subsequent to the filing
of a warrant or other appropriate legal document but prior to judgment and
twenty-five dollars ($25.00) for taxes collected subsequent to judgment.
//
The motion passed unanimously (5-0).
J
1
1
i~
~+
tt
' •~
soon 14 ~~.;-`337 .
Chairman Bradby called for Citizens Comments.
No one appeared.
//
Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following applications for the .Board's .
consideration:
1. The application of Loftin Rhodes for a Conditional
Use Permit to locate a mobile home for his
granddaughter, Natalie R. Butler and family, on
sixty-seven (67j acres of land located on the north
side of Walters Highway (Route 258) which is
between River Run Trail (Route 614) and Bows and .
Arrows Road (Route 641) in Windsor Magisterial
District.
Mr. Caskey stated when the application was presented to the Planning
Commission there -was no opposition expressed and the Planning
' Commission voted unanimously to recommend approval of the application
to the Board.
Supervisor Bradshaw moved the Board approve the applicadon of
Loftin Rhodes. The motion passed unanimously (5-0). I
2. The .application of William T. Picott for a
Conditional Use Permit to locate a mobile home for
his son, Wallace j. Picott, on 65.5 acres of .land
.located on the east side of Holly Run Drive (Route
615) which is between Joyner's Bridge Route (Route
611) and Pruden Drive (Route 696) in Windsor
Magisterial District
Mr. Caskey stated when the application was presented to the Planning
Commission there was no opposihon expressed and the Planning
Commission voted unanimously to recommend approval of the application
to the Board.
Supervisor Bradshaw moved the Board approve the. application of
William T. Picott. The motion passed unanimously (5-0).
3. The application of Johnnie Bowser Estate fora '
Conditional Use Permit to locate a mobile home for
.his daughter, Alberta Diggs and immediate family,
on 1.5 acres of land located on.Track Lane, (Route
.624) between Old Stage Highway (Route 10) and the
Surry County Line in Hardy Magisterial District
~~
S
I
. ^
BOOM ~_~ •r:'~.)t.1~ .1~'
Mr. Caskey stated the Board had initially approved a Conditional Use
Permit for the subject property in June of 1974 for the placement of a mobile
home. Mr. Caskey further stated in December of 1986 a request was made
for the placement of a second mobile home on the property and the Board
of Zoning Appeals granted the appropriate variance for the placement of
the second mobile home.. Mr. Caskey continued the second mobile home
has since been removed and the request today is to replace the second
mobile home with a new mobile home. Mr. Caskey stated when the
application was presented to the Planning Commission there was no
opposition expressed and the Planning Commission voted unanimously to
recommend approval of the application to the Board..'
Chairman Bradby moved the Board approve the application of Johnnie
Bowser Estate. The motion passed unanimously (5-0).
4. The application of Rodney L. and Pamela Arndt for
a Conditional Use Permit to continue the location of
a mobile home for thirty-six (36) months while
constructing a residence on 6.6 acres of land located
on Ennisdale Drive (Lot 31) in Hardy Magisterial
District
ivir. Caskey stated a Conditional Use Permit was originally approved
for this property in July of 1989 for. a period of thirty-six months while the
applicant was constructing a permanent residence. Mr. Caskey further
stated, in that period of time a building permit has not been issued for this
property and the applicant made representations to the Planning
Commission, when the application was considered, .outlining some
difficulties which have prevented him from proceeding with construction
of the house. Mr. Casket' continued the Planning Commission voted
unanimously to recommend approval of the application for .the period
requested with the condition that the mobile home be removed from the
property once the Certificate of Occupancy is issued for the permanent
residence. Mr. Caskey stated, before the Board is a letter from the applicant
stating he would not be able to be in attendance at the Board's meeting and'
explaining the situation he has been involved in with the property.
Chairman Bradby moved the Board approve the application of
Rodney L. and Pamela Arndt. The motion passed unanimously (5-0).
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated at the. July 20, 1992 meeting of the
Wetlands Board, the Wetlands Board .discussed the pros and cons
concerning the fee for wetlands permits which is presently $500. County
Attorney Crook further stated sometimes the wetland permits are for
projects which do not cost $500, although. the fee to the County is $500,
which results in citizens not seeking permits which causes violations of law.
County .Attorney Crook continued the Wetlands Board voted unanimously
that he bring to the Board the request that the fee for wetlands applications
7
1
1
f;
be reduced to $250..
Supervisor Edwards moved the Board direct the County Attorney
prepare an amendment to the ordinance to reduce the fee to $250. The
motion passed unanimously (5-0).
County Attorney Crook stated pursuant to the Board's direction he
prepared a letter to the Windsor Town Attorney requesting changes in the
agreement for the Windsor Volunteer Fire Department property and the
,requested changes have been accomplished by the Windsor Town Attorney.
County Attorney Crook further stated he now has. the original of the
agreement to present to the Board and he recommends the agreement to the
Board for adoption and that the Board authorize the Chairman. to sign the
agreement.
Supervisor Edwards moved the Board approve the agreement and
authorize the Chairman to sign it on behalf of the Board. The motion
passed unanimously (5-0).
County Attorney Crook stated at the July 16, 1992 meeting of the t
Board he was requested to prepare a personal property tax proration
ordinance which he has prepared and which is being advertised for the
September 3, 1992 meeting of the Board. County Attorney Crook further
stated he was also requested by Board members, although not officially
during the meeting, to prepare asemi-annual .collection of personal
property tax ordinance. County Attorney Crook continued he has
accomplished this and it is also being advertised for the September 3, 1992
.meeting.
Supervisor Bradshaw stated he was against the semi-annual collection
of personal property tax because the County is not in need of the money.
Supervisor Bradshaw further stated this would result in a hardship on the
farmers because the County would be collecting revenues in the middle of ~
the year.
County Attorney Crook pointed out that it is a hardship on the rest
of the citizens because they are required to pay the entire amount in i
December. County Attorney Crook stated the interest of the rest of the
citizens need to be balanced against those of a few farmers.
Supervisor Bradshaw stated the rest of the citizens receive a regular
income. monthly, whereas the farmers' incomes are dependent upon
weather conditions. Supervisor Bradshaw further stated this may also be F
a hardship on the Commissioner of the Revenue and the Treasurer.
Supervisor Bradshaw continued this was similar to an insurance policy in
that if .the County did get in a financial bind in the future and needed
.funds, it could be used as a windfall to come back to. I
Gerald Gwaltney stated the implementation of semi-annual tax
collection would be a burden on his department with his present staffing
and the current annual processes performed by his department.
_~
f
1
1
County Attorney Crook stated the ordinance, if adopted, would go
into effect January 1,1993 and. half the taxes would be paid in June and .the
other half paid in December so only half of the taxes would be paid early
in the year. County Attorney Crook stated this is not a "windfall", not extra
money, and the half of the taxes collected in June the County would have
benefit of during that period of timz and the interest earned would pay for
the additional costs associated with the implementation of the ordinance. w
Supervisor Spady stated when the Board chooses to put the ordinance
into effect it can determine as to the amount of burden or how much
additional work it will entail assuming the County implements the
proration of taxes which the Board canalso determine when this will go
into effect.
Gerald Gwaltney stated when it comes to that time of the year, office
personnel are performing income tax, business licenses and decals. Mr.
Gwaltney further stated some days are ten-hour days. to meet these
deadlines and there is no additional time that office personnel performing
these duties can be pulled away to do the assessments.
Supervisor Edwards asked Mr. Gwaltney how many additional
personnel would be necessary if the Board ultimately .approved the
ordinance.
Gerald Gwaltney stated he would need to research the matter, but he
felt two to three people. Mr. Gwaltney further stated this is more staff than
should be added at the Courthouse because there is no place to put them.
Mr. Gwaltney continued as far as accommodating the public, if the present
form of collection for personal property tax creates a hardship for
individuals, the Treasurer has offered in the past to accept advance
payments or advised the citizen to set up a Christmas account or a savings
account.
Supervisor Cofer moved the Board direct the County Attorney to
advertise the ordinance for public hearing on September 3, .1992. The
motion passed (3-2) with Supervisors Cofer, Spady and Bradby voting for
the motion and Supervisors Bradshaw and Edwards voting against the
motion.
Supervisor Cofer requested the Commissioner of the Revenue to .
report back to the Board regarding any additional staffing requirements.
County Attorney Crook stated the Board at their previous meeting
had approved the amendments to the contracts between the County and the
delinquent tax attorneys to pursue collection of delinquent personal
property taxes in addition to delinquent real estate taxes. County Attorney
Crook further stated these have now been signed by the attorneys and
returned to hirn and he will provide copies of each to the Secretary of the
Board.
County Attorney Crook stated he has contacted the county attorneys
for other jurisdictions that. are in the statute which authorizes counties to .
1
J
jt
have parking ordinances and he has received a number of these ordinances
for his review. County Attorney Crook further stated he would soon have
a parking ordinance for the Board's consideration.
County Attorney Crook stated the Board was in receipt of a letter
from Martha Bailey Mundy who is requesting an exemption for hardship
from real estate taxes. County Attorney Crook further stated that although
he had not thoroughly researched the matter, he did not- believe the Board
is authorized to make exemptions for real estate taxes unless the Board.
adopts an ordinance and exempts everyone in that particular classification.
County Attorney Crook continued the matter should be discussed with the
Commissioner of the Revenue to determine if Ms. Mundy is qualified to.be
exempt from real estate taxes due to hardship under the present ordinance.
Supervisor Edwards .informed the Board he would have a draft
ordinance prepared for the Board's consideration concerning real estate tax
relief for elderly and handicapped individuals.
County Attorney Crook stated he hoped such an ordinance would be
presented to him for his review prior to it being brought to the Board since
it is his responsibility as County Attorney to prepare the County
ordinances..
County Attorney Crook stated he would request an executive session
.later in the meeting concerning potential litigation, actual litigation. and
acquisition of land for public purposes.
//
~I
Chairman Bradby called for the County Administrator's report.
James Gardner, District Director of the Virginia Cooperative Extension
Service, stated due to budget restraints,. one Home Economics Agent would
be transferred to the County's Extension Service. in addition to a 4H Agent
who would work on a split responsibility between the County and Surry
County.
Supervisor Spady stressed to Mr. Gardner that the County does not
want to lose any additional Extension Service staff unless absolutely
necessary.
Marvin Powell, Powell Management/Construction Control
Corporation, stated regarding the exhibit in the agenda, it indicates over the
course of July, August, September and October, approximately $1,300,337
..will need to be spent with this being cash .out of the. approved budget of
$18,637,000 approved by the Board in May of 1992. Mr. Powell further
stated this money will primarily be spent on construction for the Carrollton
project which they hope to have awarded before or around Labor Day. Mr.
Powell continued the other money represents professional fees which have
been incurring for several months prior to today's date. Ivir. Powell stated.
this money should be made available to the School Board for paying bills
for construction fees during the course of the next four months.
;.
Supervisor Spady requested that the consultant fees be brokren down
as to who gets what percentage.
.County Administrator Standish stated if the Board chooses to adopt
a resolution appropriating these funds that the Board include the following
recommendations:
The funds should be transferred to the wnstruction
account only as checks are presented for signature
by the Treasurer.
' The unused balance .should remain. in the bond
proceeds fund accruing interest for that. fund.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE ONE MILLION THREE HUNDRID
THIRTY-SEVEN 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 construction of an elementary school; and,
WHEREAS, the funds in the amount of one million three hundred
thirty-seven thousand dollars ($1,337,000) 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 one
million three hundred thirty-seven thousand dollars ($1,337,000) from the .
1991 school bond issue proceeds be 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
accounting adjustments in the budget and to do all- the things necessary to
give this resolution effect.
The motion .passed by unanimous vote (5-0).
Mr. Powell stated regarding the second item in the agenda, he would
like to review the revised construction budget, excluding Smithfield High
School auditorium, .and discuss a $1,451,075 addition to this budget. Mr.
Powell further stated Sheet 2 reflects numbers which were approved on
May 21,1992 by the Board and the items which were not approved at that
meeting is the land purchase for the Windsor High/Middle School, land
development costs, auditorium and professional fees far those items, plus
the technology update of Smithfield High School. Mr. Powell continued,
subsequent to that time, there has been activity occurring on the project and
some of the cost figures have been re-figured, specifically money has been
1
1
1
~i
aocn 14 -~:-~4~
.spent on testing and site work in dealing with some of the land purchases
' and land associated costs in addition to dealing with consultant fees and
increases to complete some of the additional changes to drawings. Mr.
Powell stated some reductions in construction costs have been done and at
this point, the County is still within the approved $18,637,000. Mr. Powell
further stated some situations are now being experienced which have not
been previously budgeted, specifically regarding the Carrollton Elementary
School in the increased amount of $419,775 for equipment and land
development cost to widen the road leading into the school. Mr. Powell
continued regarding the Windsor facility, the first land development cost
is a wastewater treatment facility that is estimated potentially as high as
$235,000 and stated the Board should. be aware of this upcoming cost. Mr.
Powell stated the total land development for the Windsor facility is $265,200
and including the purchase estimate $565,?A0 is what is being requested
additionally in the Windsor budget. Mr. Powell further stated regarding
the technology addition at Smithfield High School, additional equipment is
being requested. at a potential cost of $250,000 and that Item 10 is the
architectural/engineering fees associated with that project which was not
approved on May 21, 1992 which adds up to $266,100. Mr. Poweil
continued Item 11 is an owner's contingency of 1% of the total capital
improvement program of $200,000. Mr. Powell stated the total of all items
equates to $1,451,075 and requested the Board consider approval of this
revision to the budget.
Supervisor Spady stated regarding the Carrollton. site, the County
should use as much of the equipment. that is now available rather than
purchasing new equipment. Supervisor Spady further stated the schools
should try to save as much money as possible by using furniture that is
suitable for use which we presently have, such as desks,. etc.
Dr. York stated all furniture will be utilized, but most of the desks are
five to six years old at least which is generally the. lifetime of a student
desk. Dr. York stated she hesitated to open a new school and put old
furniture which looks bad in it. Dr. York continued what probably needs
to be done is accumulate the best of the furniture and leave it at the school
in Hardy.
.Supervisor Bradshaw stated in order for the County to proceed, the
County should contact HRSD and .have them come to the next meeting.
Supervisor Bradshaw further stated the County should be working now on
bringingsewage into Windsor for the school
Supervisor Cofer moved that leaving out Item 5 (land purchase) the .
Board approve the amendment to the budget. in principle with the actual
figures to be brought back to the Board as soon as possible. The motion
.passed unanimously (5-0). -
William. E. Laine, Jr., Clerk of Circuit Court, stated it is now time for
the. County to select a printer for. Helen King's History of Isle of Wight
County and suggested that 1,500 copies of such be printed. Mr. Laine
further stated he hopes. that the County will host a signing party for the
author, which is usually a good way to get publidty.
.~
~~
eooa ~ 4 :;~;~:34~ ~'
• Supervisor Cofer moved the Board approve the request .for SI5,945
with Donning Press and that the money be taken from the County's
contingenry fund. The motion passed unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE ONE HUNDRED FIFTY-TWO
THOUSAND FIVE HUNDRED FIFTY DOLLARS FROM THE
19.90 BOND ISSUE PROCEEDS FOR THE
WESTERN TIDEWATER REGIONAL JAIL
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
' Virginia has approved the construction of the Western Tidewater Regional .
jail; and,
WHEREAS, the funds in the amount of one hundred. fifty-two
thousand .five hundred fifty dollars ($152,550) need to be appropriated from
the 1990 Bond Issue Proceeds to the Western Tidewater Regional jail
construction line item 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 one
hundred fifty-two thousand five hundred fifty dollars .($152,550) from the
1990 Bond Issue Proceeds be appropriated to line item 1403-033-3302-7016,
Western Tidewater Regional Jail construction 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 ,
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 funds were previously
appropriated by the Board for a revolving loan program for Historic
Smithfield, Inc., but the program could not be established with local banks.
Because of this, Historic Smithfield, Inc. is now requesting that these funds
be used to match an equal amount to construct historic stations with
prerecorded messages in and around Smithfield. ~
Judy Begland, Director of Economic Development, .stated the
viewpoint from Economic Development at this time is to further pursue the
revolving loan program. '
Supervisor Spady stated that although the historic stations are great
for tourists, he believes the revolving loan program should also be pursued
further.
Supervisor Cofer stated he would also like to pursue the revolving
loan program further.
1
1
~~
. •.
a~~„ a4 ..,.~4
Supervisor Spady moved the Board direct the County. Administrator
to advise Historic Smithfield, Inc. by letter that the County prefers to keep
the money available for the revolving loan funds. The motion passed
unanimously (5-0)..
Supervisor Spady moved the Board adopt the following resolution: '
RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY-FIVE
THOUSAND FIVE HUNDRED EIGHTY-ONE DOLLARS FROM THE
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) .
FOR AN IN-HOME HEALTH NURSE AT THE ISLE OF WIGHT HEALTH
DEPARTMENT -
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a grant from the Southeastern Virginia Areawide
Model Program (SEVAMP) for an In-Home Health Nurse at the Isle of
Wight Health Department; and,
WHEREAS, the funds in the amount of twenty-five thousand Eive
hundred eighty-one dollars to be received from the Southeastern Virginia
Areawide Model Program (SEVAMP) need to be appropriated to the in-
Home Health Nurse salaries, fringe benefits, and travel and training line
items in the 1992-93 budget of the County of Isle of Wight..
NOW, THEREFORE, BE IT AND IT I~ HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty-
five thousand five hundred eighty-one dollars ($25,581) to be received from
the Southeastern Virginia Areawide Model Program (SEVAMP) be
appropriated to line item 28-5130-1001, Salaries ($18,705); line item 28-5130- I
1019, Fringe Benefits ($4,476) and line item 28-5130-5501, Travel and
Training ($2,400) 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
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 ACCEPT AND APPROPRIATE TWENTY-FIVE
THOUSAND SIX HUNDRED NINETY-SIX DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA AND THE FEDERAL GOVERNMENT
FOR SOCIAL SERVICES DEPARTMENT PROGRAMS
WHEREAS, the Social Services Department has received additional
allocations from the Commonwealth of Virginia and the Federal
Government; .and,
WIHEREAS, the funds in the amount of twenty-five thousand -six
hundred ninety-six dollars ($25,696) to be received from the Commonwealth
{
f
I
f
BONN 14 ~~:: ~•~~ J
of Virginia and the Federal Government need to be appropdat+'d to the
Social Services Department 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 six hundred ninety-six dollars ($25,696) to be received from
the Commonwealth of Virginia . and the Federal Government be
appropriated to the following line items in the 1992-93 budget of the
County of Isle of Wight:
Foster Care ~ $17,694
Independent Living ~ . 2,002
FEMA 6,000
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 these allocations and to do all the
things necessary to give this resolution effect.
The motion passed unanimously (5-0).
Supervisor Edwards moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWENTY-FIVE THOUSAND
SEVEN HUNDRED NINETEEN DOLLARS FOR THE
SECTION 8 HOUSING PROGRAM
WHEREAS, the Social Services Department of Isle of Wight County,
Virginia has contracted with the Virginia Housing Development Authority
for administration of the Section 8 Program; and,
WHEREAS, the funds in the amount of eighteen thousand seven
hundred nineteen dollars ($18,719) to be received from the Virginia Housing
Development Authority and seven thousand dollars ($7,000) from the
unappropriated fund balance need to be appropriated to the Section 8
Housing Program line item in the 1992-93 budget of the County of Isle of
Wight.
NOW, THEREFORE, BE TT AND IT IS .HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that eighteen
thousand seven hundred nineteen dollars ($18,719) to be received hom the
Virginia Housing Development Authority and seven thousand dollars
($7,000) from the unappropriated fund balance be appropriated to line item
Section 8 Housing Program, contracted services in the 1992.93 budget of the
County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to make the appropriate accounting
adjustments in the budget foc this grant and to do all the things necessary
to give this resolution effect.
The motion passed- unanimously (5-0).
J
gpnK l~ .c,;~:3~~ 3
County Administrator Standish stated he would recommend the
Board approve a transfer in the amount of $2,435 from the contingenry fund
to close out the Sheriff's Department and Clerk of Court's budget.
Supervisor Edwards moved the Board approve the budget transfers
of $330 to the Sheriff's Department and $2,105 to the Clerk of Circuit Court.
- The motion passed unanimously (5-0).
County Administrator Standish statedthe implementation of the 911
emergency telephone system will require two contractual agreements with
GTE, specifically the 911 PSAP Terminal Equipment Lease Agreement and
the Enhanced Host Provider Agreement, which the County Attorney. has
reviewed and amended. County Administrator Standish stated he would .
recommend the approval of the agreements to the Board. .
County Attorney Crook stated .GTE has substantially made all the
changes he requested and he recommends the. agreements foc the Board's
approval.
Supervisor Spady moved the Board approve the 911 PSAP Terminal
Equipment Lease Agreement and the Enhanced Host Provider Agreement.
The motion passed unanimously (5-O).
County Administrator Standish stated he would request an executive
session later in the meeting for .the Board to interview the top two
proposers for architectural services for the second floor renovation to the
library at the old Smithfield High School.
//
Chairman Bradby called for Old Business.
There was no old business for discussion by the Board.
//
Chairman Bradby called for New Business.
r
Supervisor Edwards inquired of the County Administrator if there
had been any recent employee hirings, specifically the Budget & 1~inance
Director's vacant position.
County Administrator Standish stated regarding the Budget & Finance
Director's position, applications have been solicited and reviewed and the
position has been offered to an individual.
Supervisor Edwards referred to a memorandum written to County I
department heads by the County Administrator in early March which stated
no positions were to be filled until a detailed explanation of the need for the .
vacant position was presented to-.the Board to allow the Board to look at
each opening on a case-by-case basis. Supervisor Edwards stated this has
not happened in this case....
9pnK ~~ ..h..r~ ~(O
County Administrator Standish stated the need for a County Budget
' ds Finance Director is essential and that he believes this position is critical
to the sound fiscal function of the County. County Administrator Standish
further stated before the position was created in 1987, the County had to
hire the auditor to assist with budget management.
Supervisor Edwards stated at a time when the Board is considering
decreasing County staff, he believed the Board owed it to the taxpayers to
see if the position could be eliminated.
County Administrator Standish stated prior to the creation of the
Budget & Finance Director's position there were a number of items that
were not being done or were not being done correctly. County
Administrator Standish further stated he was not aware of any surplus .
positions within the County.
Supervisor Edwards stated he would like to see the filling of the
Budget & Finance Director's position tabled for a period of sixty days to
give the Board an opportunity to review the position and see exactly what
the County needs and what responsibilities can be assumed by other
employees. Supervisor Edwards further stated it was difficult on the Board
to have to let employees go at budget time and he felt the Board should
take advantage of job vacancies like this to look at the County's overall
staffing and use that time as a way to protect the taxpayers.
County Attorney Crook stated he must .confirm what the County
Administrator is saying as correct. County Attorney Crook further stated '
this position is essential to the County and the County previously spent
more money on auditors prior to the creation of this position than this
position costs. County Attorney Crook continued the Procurement Act
came into effect which must be complied with that requires tremendous
effort, such as the preparation of RFPs, bids need to be evaluated, screening
has to be performed, as well as the ongoing preparation of the budget
which is now on computer. County Attorney Crook stated this position
must be filled as soon as possible and next to the County Administrator's
position, and the County Attorney's position, the Budget & Finance
Director's position is the most important position the County has.
Supervisor Spady stated he received, and he assumed the entire Board
received, a letter from the County Administrator stating he was going to
advertise the vacant position. of Budget & Finance Director. Supervisor
Spady further stated if he felt like Supervisor Edwards did, he would have
contacted the County Administrator at that time with his concerns.
Supervisor Spady continued if the County Administrator had heard from
.several Board members voicing concerns about the matter, he would
assume the County Administrator would .stop the process, and that he
assumed the County Administrator did not hear negatively from any. of the
Board members and that is why he proceeded in the matter.
Supervisor Edwards stated he did not agree that the best way to
handle this matter is to send out letters to the individual Board members
and let them call in with their opinion. Supervisor Edwards further stated
1
1
f;
t,'}e
80~h ~~± ~~: ~~~~ ~
this is a matter that should be voted on by the Board as an official action
rather than consensus. Supervisor Edwards continued each of the Board.
members had the right to assume that the County Administrator would act
according to his memorandum to County department heads and that he
would like to see this happen with the Budget d: Finance Director's .
position.
County Administrator Standish stated each individual Board member
was called and the matter was discussed regarding what he had in mind
concerning the position.
Supervisor Edward. moved that the Board not. Eill the Budget .&
Finance Director's position. at this time and that the matter be tabled for
sixty days to allow time to get a detailed report. The motion was defeated
(1-3) with Chairman Bradby and Supervisors Cofer and Spady voting
against the motion, Supervisor Edwards in favor and Supervisor Bradshaw
abstaining.
Supervisor Cofer stated the County in March entered into a new
concept in the County that the Budget & Finance Director's position ,
handles, specifically the self-funding insurance agreement.
Supervisor Spady pointed out that the financial work performed by
the Budget & Finance Director will pile up if the County waits sixty days
before filling the position which will make it harder Eor the person filling
the vacant position.
Chairman Bradby stated he understood Supervisor Edward's position ~
that the County is trying to save money, but the County Attorney has ~
pointed out that. previously the County was spending more money in
auditors than it cost to-.fill the position. Chairman Bradby further stated
..someone. is going to have to perform the financial work and to save two
months salary would not be worth the sacrifice.
Chairman Bradby stated it has been brought to his attention that a
'position in the Treasurer's oEEice for tax collection has been eliminated.
Chairman Bradby further stated it was also brought to his attention that this
individual was collecting enough delinquent taxes to take care of whatever
salary was paid to the individual. Chairman Bradby continued he did not
feel it was being fair to the taxpayers of the County to eliminate this
position
Supervisor Cofer stated the Board had just entered into. a contract
with two delinquent tax attorneys to collect delinquent personal property
taxes in amounts over $1,000.
Beryl H. Perry, Treasurer, stated the position eliminated collected _
mainly delinquent personal property accounts only, but this individual's
main job function was to process over 3,000 warrants a yeaz and collected
approximately $250,000 in revenue for the County.
Supervisor Edwazds ask~edwho is wllecting these revenues for the
1~
I
1
o~~~ ~4.~..~3~6~
B
' County now? '
Mr. Perry replied the work is distributed throughout his staff now.
Supervisor Spady requested how much of the $250,000 is one year,
two years or three years.
Mr. Perry stated most of it is just the prior year which is one year old
and 100% of the amount collected goes to the County via the Treasurer..
• Supervisor Spady asked Mr. Perry how much money would be
necessary to resume this position. '
Mr. Perry stated approximately $12,000, plus postage and supplies for
a full-time position.
Supervisor Cofer stated he could not see hiring afull-time employee
when the County just hired two attorneys to collect amounts over $1,000.
Supervisor Spady requested Mr. Perry to bring the Board monthly
reports on expenditures and revenues and report back to the Board on what
this individual's position will entail, i.e., how many warrants she issued and
how much money she collects.
Supervisor Cofer requested the Treasurer keep the line item separate
as an income item.
Supervisor Spady moved the Board appropriate $14,000 for a position .
in the Treasurer's office to collect delinquent personal property taxes under
$1,000. The motion passed unanimously (5-0). •
//
Chairman Bradby called for Appointments.
Supervisor Spady moved the Board appoint W. B. Owen to fill the
unexpired term of Colonel Oliver Wooster for the Newport Election District
on the Social Services Board whose term will expire in July of 1993. The
motion passed unanimously (5-0).
Supervisor Bradshaw moved the Board reappoint WilliamM. Camp,
Jr. to the Industrial Development .Authority for the Carrsville Election
District whose term will now expire in April of 1996. The motion passed
unanimously. (5-0).
//
Chairman Bradby called for approval of the July 2,1992 minutes.
Upon recommendation of .County .Attorney Crook, Supervisor Cofer
moved the Board adopt the minutes as amended to reflect that Steve
Edwards was absent only one time on Page 1 of the minutes. The motion
;~~
3
1
BQOd.
passed unanimously (5-0). ,
/J
CountyAttorney Crook requested an executive session under Section
2.1-344 Al, A3 and A7 of the Freedom of Information Act concerning .
pending or potential litigation, actual litigation and acquisition of property
for public purposes for advice of counsel and staff and for. interviews of
potential candidates for professional services of architect for the renovation
of the second floor of the library in Smithfield.
At 4:25 p.m., Supervisor Cofer moved the Board go into executive
session after afive-minute break for. the reasons stated by the County
Attorney. The motion passed unanimously (5-0).
Upon returning to open session at 5:55 p.m., Supervisor Cofer moved
the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors .has convened an executive
meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of the Virginia Freedom of Information Act;
:and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was rnnducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0 '
The motion passed unanimously (5-0). .
Supervisor Spady moved the Board direct the County Attorney
respond to the request of the Southeastern Public Service Authority. The
motion passed unatimously (5-0).
.,
//
At 6:00 p.m., Supervisor Cofer moved the Board adjourn. The motion
passed unanimously (5-0).
7
~.
Henry H. Bradby, Chairman
Y
Myles Standish, Clerk
•
• ~•