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12-17-1992 Regular Meeting BOAR 15 ~~:.~•JV REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF DECEMBER IN THE YEAR 1VINETEEN HUNDRED NINETY TWO PRESENT: Henry H. Bradby, Chairman Steve 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 Caskey, Assis#ant 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 a public hearing on the following: FY1992-97 Capital Improvements Plan Robert Paul Leber, Chairman of the Capital Improvements Program Subcommittee and member of the Isle of Wight County Planning Commission, presented the FY1992~-97 Capital Improvements Plan and provided the Board with background information used by both the Subcommittee and the Planning Commission during the development and evaluation of the proposed Program which he stated was prepared in accordance with State law and the County's Comprehensive Plan. Mr. Leber stated the Program shall include the Planning Commission's recommendations and the estimates of costs of such facilities, as well as, the means of financing them. Mr. Leber further stated in the preparations of the recommendations, the Chief Administrative Officer, all other department heads, interested citizens and organizations shall be consulted as deemed necessary and the County's Comprehensive. Plan requires the Capital Improvements Program to be structured to support the goals and objectives of the Plan. Mr. Leber continued the Planning Commission considered the following objectives while developing the program: (1) to build the facilities required to support the Count}~s public service responsibility such as schools, sewers, water, law enforcement, fire protection, libraries, economic development and recreation, (2) to .support the Comprehensive Plan's physical development objectives of growth management and preservation of the County's rural character, (3) to ensure the availability of sufficient developable land to accommodate .and attract private development consistent with the objectives of the Comprehensive Plan, (4) to improve financial planning by comparing needs with available resources, estimating future bond issues and debt service and identifying .tax rate 1 1 eo~K 15 -.: 13~ i 1 implications, (5) to establish priorities among projects so that scarce resources are effectively used, (6) to plan public~facility construction so as to coordinate the timing and functional relationships, (7) to provide a concise central source of information on all planned public construction and acquisitions for interested citizens, agencies and other interested. groups, and (8) to allow the County to use its full zoning authority upon the adoption of the Capital Improvements Plan. Mr. Leber stated all of these objectives are important for maintaining the quality of .life the Comprehensive Plan envisions for the County, particularly the County's ability to use its full zoning authority because Section 15.1-491-Z-1 of the Code of Virginia states no proffers shall be accepted by a county unless it has adopted a Capital Improvements Program .pursuant to Section 15-1=464. Mr. Leber further stated there are five major components of the Program:. $32.7 million for public schools or 66% of the total Program; $10.5 million for Public Utilities or 21% of the total dollars; $Z.1 million for the development of the industrial park near Windsor and $1.3 million for. the new Health Department ..facilities which the Planning Commission recommends be financed through a combination of general obligation and revenue bonds. Mr. Leber continued the remaining 6% of the Flanned expenditures amounts to $640,000 in .annual expenditures for the .smaller projects that reflect the County's historical capital program and consist of items such as law enforcement, fire and rescue vehicles and recreational equipment, which would be funded with annual revenues. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed Plan. Pete Green from Zuni urged the Board to examine alternative methods of taxation such as the consolidation of fire and rescue facilities. in the same building, a meal tax on prepared foods, a cigarette tax, an increase in the Machinery & Tools tax, an increase on the tax on mobile homes and a review of the land use tax. Mr. Green suggested limiting the increase in real estate taxes to 30% rather .than 60% to cover the cost of these projects. Chairman Bradby called. for comments from the Board. Supervisor Cofer thanked the Planning Commission for their many hours spent on the proposed Capital Improvements Plan and stated the County has needed this Plan for many years. Supervisor Bradshaw stated the County is in need of such a Plan and inquired if commercial and industrial growth in the County was taken into consideration. 1 Mr. Leber stated the Planning Commission reviewed the projections in the Comprehensive Plan, but as a guide for bringing in public utilities, there are six projects in the Plan for consideration by the Board. Mr. Leber further stated there is both water and sewer in the industrial area in Camps Mill as well as updating the existing water system in the Carrsville area and the fourth project funds the construction of a well system and water, particularly to the industrial park in the Windsor area, which is ,concurrent with the bringing of sewer line down Route 460. Mr. Leber continued the a~~~ 15 .~ ~ 140 fifth and six projects are for the Benn's Church and. Bartlett areas which brings water into these areas. Supervisor Bradshaw stated the .Plan is based on the population the County currently has and the expenditures the County will. have relative to water and sewage. Supervisor Bradshaw stressed the Board will need to bring commercial and industr~.al development into the County to keep the tax rate as low as possible. Supervisor Bradshaw continued because of this, the County will need an Economic Development Department to bring businesses into the County. Supervisor Edwards stated he believes the proposed Plan does have merit because the County only has two options in terms of taxation, residences or businesses. Supervisor Spady stated he sees no way the County can follow the proposed Plan unless the County does get new industry. Chairman Bradby stated he would keep in mind that it is the taxpayer that will initially pay the. bill and that this proposed Plan is simply a guide. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION APPROVING FY1992-97 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, at the request of the Board of Supervisors, the Planning Commission initiated a comprehensive review of the. capital needs of the County; and, WHEREAS, the Planning Commission subsequently completed its study and has recommended a Capital Improvements Program for FY199~97 for consideration by the Board of Supervisors; and, WHEREAS, the Board of Supervisors has held a public hearing to consider the proposed FY1992-97 Capital Improvements Program. NOW, THEREFORE, BE IT RESOLVED by the Board. of Supervisors of Isle of Wight County, Virginia that the FY199~97 Capital Improvements Program be and is hereby approved. BE TT FURTHER RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the appropriation of funds for individual projects for the current fiscal year will be considered on a case basis, and in subsequent fiscal years will be considered as part of the annual budget process. // The resolution was adopted by unanimous vote (5-0). Chairman Bradby called for Citizens' Comments. 1 1 1 BOOK 15 .. ~~~ 4~ Wanda Byrd and Pat Gleason requested the status of their earlier request. to the .Board concerning the installation. of street lights for the residents of Hunt Club Road. 1 Supervisor Spady stated the Board would need additional information before they could consider providing additional. street lights because the County must review information and consider guidelines. Supervisor Bradshaw urged Ms. Byrd to be patient until the Board could determine the guidelines because once these are established, other citizens will be approaching the Board with similar requests. Mr. Gleason stated he would like to provide the Board with input on the matter. Supervisor Cofer suggested the matter. be tabled until the February 4, 1993 meeting to establish guidelines for installation of street lights. Branch Lawson indicated .support for a strong economic development effort and urged the Board to continue to improve the water and sewer systems in the County, as well as pursue the State Certification Program for industrial sites. // fl Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following application far the Board's consideration: A. Application of Hannah G. Holland, owner, and Insight Communications Company, L. P., lessee, for a Conditional Use Permit to locate a guyed tower one hundred forty (140) feet in height with one (1) parabolic microwave receiving antenna on the tower and one (1) receiver at the base, on one. (1) acre of land being part of a tract containing ninety-nine (99) acres which is located on the north side of Walters Highway (Route 258) east of its intersection with Knoxville Road (Route- 609) in Windsor Magisterial District. Mr. Caskey stated during the public hearing held by the Planning Commission, one citizen did speak in opposition stating his concern about the potential for hazardous interference -with aerial agricultural spraying operations and other potential low-flying aircraft, the potential interference with non-cable television reception in the immediate area, the unsightliness of the tower given the number of other towers in the area, the potential glare from the warning lights on the tower and the genexal ill-effect it would have on the lifestyles of property owners in the area. Mr. Caskey BONN 15.~:~.1._4? further stated'the Planning Commission discussed the issues including the possibility of co-locating the antenna and associated equipment on an .existing tower at some. other location, the need for warning lights beyond the Federal Aviation Administration`s applicable regulations for such lighting, the needs of existing cable customers for enhanced cable services and the aesthetic affects of the .tower on the surrounding area.. Mr. Caskey continued the applicants notEd that the Federal. Aviation Administration had advised that warning lights would not be required on the structure and advised there was other discussion by the Planning Commission relative to that issue. Mr. Caskey stated the Planning Commission voted (7-1) to recommend to the Board approval of the application. Sharon Corey Winnegar, Manager for Insight Cablevision, stressed the antenna receiver site that services the County residents is located in Southampton County and that ideally no cascade should exceed thirty amplifiers, but is presently amplified fifty nine times to the Windsor area. Ms. Winnegar further stated this results in poor picture quality and unreliable pictures and this receiver site, if approved, will keep the longest cascade in the Windsor area less than thirteen amplifiers. Ms. Winnegar continued the proposed site is two hundred feet from the main road and is located in an area with trees surrounding it. Ms. Winnegar stated regarding the crop dusting issue, the field presently has power lines through the middle of the field which are more of a hazard. to crop dusting aircraft than the proposed tower. Chairman Bradby inquired about the status of installing Cablevision lines for the Mill Swamp Road area. Ms. Winnegar stated a line would have to be built from the Smithfield area, and Insight Cablevision is presently looking into the matter. Supervisor Edwards moved the Board approve the application.. The motion passed unanimously. (5-0). Mr. Caskey presented the following for the Board's consideration. B. Subdivision plat of Waterford Oaks, Section One-A, Sherwood Lane, in Newport Magisterial District. Mr. Caskey stated the subdivision plat represents an additional four (4) lots in the residential portion of .the Waterford Oaks development which front on public streets that have been constructed and accepted into the Virginia Department of Transportation's Secondary System. Mr. Caskey further stated water and sewer connections have been provided and the Virginia Department of Transportation has approved the plat, although the Town of Smithfield must verify to the County that sanitary sewer can be provided to these individual lots as a condition. Mr. Caskey continued the Planning Commission voted unanimously to recommend approval of the proposed plat to the Board. ._J 1 Supervisor Cofer moved the .Board approve the subdivision plat.. The motion passed unanimously (5-0). ~'. BOCK 15.~:.~143 Mr. Caskey stated Lawrence Post requested that his earlier letter concerning the withdrawal of his land from the central development service district in his area be withdrawn from discussion at this time as he could not be present. 1 Supervisor Cofer moved the Board accept the request of Mr. Post to withdraw the matter from discussion at this time. The. motion passed unanimously (5-0). Mr. Caskey advised his staff will be mailing.. a report to the Board addressing theissues of stormwater management facilities. f/ Chairman Bradby called for the County Attorney's report. County Attorney Crook stated a matter for action by the Board is a resolution that has been adopted by the Town Council of the Town of Windsor for County staff to enforce the Chesapeake Bay Preservation Act within the corporate limits of the Town of Windsor which was adopted by the Town Council ofthe Town of Windsor on December 8,1992. Mr. Crook further stated he believed the Board had previously been briefed on this matter. 1 Supervisor Edwards moved the Board adopt the following resolution: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, ANDPERTAIIVINGCTpUTHE OF THE TOWN OF WINDSOR, VIRGINIA, TOWN OF WINDSOR CHESAPEAKE -BAY PRESERVATION AREA. PROGRAM WHEREAS, Title 10.1, Chapter 21 of the Code of Virginia, requires each county and incorporated town in Tidewater Virginia to adopt a Chesapeake Bay Preservation Area Program approved by the Chesapeake Bay Local Assistance Board; and, WHEREAS, both the Isle of Wight County Board of Supervisors and. the Town Council of the Town of Windsor have adopted Chesapeake Bay Preservation Area Programs which are substantially similar; and, WHEREAS, the Town of Windsor contains a small ,portion of land that is .designated Resource Protection Area• and, 1 WHEREAS, the Town of Windsor does not presently employ personnel capable of administering and enforcing the Town of Windsor Chesapeake Bay Preservation Ordinance; and, WHEREAS, the Town of Windsor, Virginia, situate in the County of Isle of Wight, Virginia, desires the Town's Chesapeake Bay Preservation Area Program be administered and enforced in the Town by the County, and further that the County is willing to administer and enforce the Town's ~ 8~^11 15 r,~l~r-L +~ Program within the Town. NOW, THEREFORE, BE IT JOINTLY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, and the Town Council of the Town of Windsor, Virginia, that the County of Isle of Wight is hereby authorized and the said County does hereby agree to administer and enforce ,the Windsor Chesapeake Bay Preservation Area Program in the Town of Windsor. The resolution was adopted by unanimous vote (5-0). Mr. Crook stated at the last meeting Supervisor Bradshaw requested that he write a letter to the County`s representatives on the General Assembly concerning reopening the Walter's prison camp. Mr. Crook further stated he had written such a letter and he had received a reply today from Delegate Paul Councill indicating his support of the request. Supervisor Bradshaw stated $1.5 million dollars was spent at the facility renovating and installing a wastewater treatment plant, only to have the facility close. Mr. Crook stated he would have three matters for executive session later in the meeting. // Chairman Bradby called for the County Administrator's report. County Administrator Standish stated included in the agenda is ~ self- explanatory report on the Comprehensive Services Act and recommended the Board appoint the suggested Policy and Management Team also included with the report. Supervisor Cofer moved the individuals to serve on the Policy Comprehensive Services Act: Fiscal Agent . Legal Services Community Services Board Juvenile Court Services . Health Department . Social Services ' . School Division . Parent Representative Public Provider . Law Enforcement . Public Agency Representative Local Government Official Board appoint the following list of and Management Team under the M. Christine Ledford H. Woodrow Crook, Jr. Joseph Scislowiez William Harrell Dr. Ed Harris Linda Bean Dr. Jane T. York Beth Edwards John Matish Sheriff Phelps Mary C. Foster Steve Edwards 1 1 1 The motion passed unanimously (5-0). a~~K 15 .~:. 1.45 1 1 County Administrator Standish stated the County .has previously .operated .with only one radio- channel which has become a problem in fire emergencies and requested the Board direct him to proceed with securing at least two more channels. Mr. Standish further stated one channel would be used in fire situations, one channel for .schools and Public Works and one channel. for Inspections, Public Utilities and Animal Control. Mr. Standish continued for a modest amount of money the County can proceed with the FCC to locate another channel and at the same time Motorola can be .contacted to determine the cost to reprogram radios to use the new channels. Mr. Standish stated -the reprogramming cost may be something the County may have to budget for next year, depending on the cost. Supervisor Spady moved the Board authorize staff to proceed as outlined by the .County Administrator to secure two to three.. more radio. channels. The motion passed unanimously (5-0). County Administrator Standish. stated included in the agenda is a request from the Towne of Windsor relative to the first payment on the Town of Windsor's fire station, in the amount of $31,394.65 Supervisor .Edwards moved the Board approve the request for payment in the amount of $31,394.65. The motion passed unanimously (5-0) County Administrator Standish stated the next general reassessment will become effective. July 1, 1994 and included in the agenda is a Request For Proposal concerning same with a related schedule of events. Chairman Bradby stated there should be a citizens' committee to work with citizens who experience discrepancies with their reassessments. County Attorney Crook advised in the past there were three. members on the Assessment Board and five members on the Equalization Board. Mr. Crook stated he would check the statute to determine if the Reassessment Board can consist of five members. Mr. Crook further stated the Reassessment Board appointed by the Board of Supervisors are citizens working. with the appraisers who do the reassessment. Mr. Crook continued the Board then appoints an Equalization Board to equalize assessments in response to any complaints. Mr. Crook stated the previous Reassessment Board did an outstanding job for the County and the. better job the Reassessment Board does, the more complaints from taxpayers because the reassessment is closer. to the true value of the property. 1 Supervisor Spady moved the Board authorize County staff to proceed with advertising the proposals and urged staff to review the calendar of events to allow additional .time to meet with County residents with questions. The motion passed unanimously (5-0). County Administrator Standish stated the next item in the. agenda relates to pursuing additional grant funds relative to Jones Creek Boat Ramp. Mr. Standish further stated what is proposed is an estimated $200,000 boat ramp facility which would include the access road utilizing en~~ 15 .: ~14~ various grant~programs and which will require a local match of funds. Supervisor Spady asked who selected the site and inquired if the Game & Inland Fisheries agreed with this site. County Attorney Crook stated the site was recommended to the Board by the Parks & Recreational Facilities Authority. R. Bryan David, County Planner, stated all agencies listed in the resolution have been working on this project for approximately one and one-half years and are in agreement with the site. Supervisor Cofer. moved the Board adopt the following resolution: RESOLUTION AUTHORIZING THE DEVELOPMENT AND SUBMISSION OF APPLICATION FOR GRANT FUNDS FOR THE DEVELOPMENT OF THE JONES CREEK PUBLIC BOAT RAMP AND TO ACCEPT AND APPROPRIATE SIXTY THOUSAND DOLLARS FROM THE 1992 VIRGINIA COASTAL RESOURCES MANAGEMENT GRANT PROGRAM; TWENTY- FIVE THOUSAND FROM THE PUBLIC ACCESS GRANT PROGRAM OF THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES; PUBLIC ROAD CONSTRUCTION FUNDING FROM THE RECREATIONAL ACCESS PROGRAM OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION; AND, FIFTEEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the development and submission of application for grant funds from the 1992 Virginia Coastal Resources Management Grant Program and Public Access Grant Program of the Virginia Department of Game and Inland Fisheries and public road construction funding from the Recreational Access Program of the Virginia Department of Transportation for the development of the Jones Creek Public Boat Ramp; and, .WHEREAS, funds in the amount of sixty thousand dollars ($60,000) to be received from 1992 Virginia Coastal Resources Management Grant Program, twenty-five thousand dollars ($25,000) to be received from the Public Access Grant Program of the Virginia Department of Game and Inland Fisheries, public road construction funding to be received from the Recreational Access Program of the Virginia Department of Transportation, and fifteen thousand ($15,000) .from the unappropriated fund balance need to be appropriated to the Jones Creek Public Boat Ramp Development 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 sixty thousand dollars ($60,000) to be received from 1992 Virginia Coastal Resources Management Grant Program, twenty-five thousand dollars ($25,000). to be received from the Public .Access Grant Program of the Virginia Department of Game and Inland Fisheries, public road construction funding to be received from the Recreational Access Program of the Virginia Department of Transportation, and fifteen thousand dollars ($15,000) from 1 +.. au~w .1.5....1._47 the unappropriated fund balance be appropriated to the Jones Creek Public Boat Ramp development project in the 1992-93 budget of the County of Isle of Wight, Jones Creek Public Boat Ramp Development,. in the 199.93 budget of the County of Isle of Wight. D 1 ~,~ 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 grants and to do all things necessary to give this resolution effect. The resolution was adopted by unanimous vote (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION REQUESTING RECREATIONAL ACCESS FUNDING ' FOR THE JONES CREEK BOAT RAMP PROJECT WHEREAS, the Jones Creek property is owned and is to be developed by County of Isle of Wight, Virginia as a public recreational facility serving j the residents of Isle of Wight County, Virginia, and adjoining localities; and, I WHEREAS, the facility is in need of adequate access; and, WHEREAS, the procedure governing the allocation of recreational G access funds as set forth in Section 33.1-233 of the Code of Virginia requires F joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation .Board; and, WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of suchfunds for the construction of access roads to publicly-owned recreational areas or historical sites; and, WHEREAS, it appears to the Board of Supervisors of Isle of Wight County, Virginia, that all requirements will be met to permit the Director of the. Department of Conservation and Recreation to designate the Jones Creek property as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of I Virginia; and, i WHEREAS, the right of way of the proposed access road is provided . by the County of Isle of Wight, Virginia at no cost to the Recreational Access Fund; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Vir ig nia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take the appropriate action to implement this designation; and, eo~w 15 .~::~ 148 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia hereby requests the Director of the Department of Conservation and Recreation to designate the Jones Creek property as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said area. BE IT FURTHER RESOLVED that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational funds to provide a suitable access road as hereinbefore described. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to do all things necessary to give this resolution effect.. The resolution was adopted by unanimous vote (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED TWELVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF WASTE MANAGEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a supplemental grant. from the Department of Waste Management for the Litter Control Program; and, WHEREAS, the funds in the amount of five .hundred twelve dollars ($512) from the Commonwealth of Virginia, Department of Waste Management, need to be appropriated to the Litter Control Program line item in the 1992-93 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five hundred twelve dollars ($512) to be received from the Commonwealth of Virginia, Department of Waste Management, be appropriated to line item 28-5128-5401, Litter Control Program, Supplies 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 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 resolution was adopted by unanimous vote (5-0). f G 1 1 T; BonM .~.J .. ~ ~~. County Administrator Standish noted that $612,194 has been collected by the. delinquent tax attorneys through the ends of November, at a cost of $70,265, which represents 11% of the. amount collected. Alan Nogiec, Director of Parks & Recreational Facilities Authority, stated when the proposal for the repairs to the roof and ceiling of the museum were presented to the Board previously, he had requested funds to test the roof materials for asbestos. Mr. Nogiec further stated when'the test was performed, three areas were tested and the asbestos content ranged from 15% to 30% in the sample areas.. Mr. Nogiec continued as a result, he contacted the roofing contractor and received several price quotes and requested $4,740 from the County to complete the project. Supervisor Bradshaw moved the Board allocate an amount not to exceed $4,740 for removal and disposal of asbestos in the ceiling of the museum. The motion passed unanimously (5-0). // Chairman Bradby called for Old Business. Tax Refunds for Erroneous Assessments (Tabled December 3, 1992) Supervisor Cofer stated in listening to the presentation by the County Attorney and the Commissioner of Revenue at the previous meeting he believed the matter should be tested and moved the Board table the matter for a period of sixty days to deterthine how many refunds and the dollar amount of such the County is issuing. The motion passed unanimously (5- 0). Supervisor Bradshaw reiterated to the Board that he would not be in favor of allowing the Commissioner of the Revenue to issue County refunds without the review of the County Attorney. // Chairman Bradby called for New Business. Supervisor Edwards requested County staff to prepare a resolution honoring the late Willie James Hill. // Chairman Bradby called for Appointments. ' Supervisor Spady moved the Board appoint Myles E. Standish to the Hampton Roads Metropolitan Planning Organization Executive Committee. The motion passed unanimously (5-0). // i' SOnK l5 -«. ~.~fl Chairman Bradby called for approval of the November 19, 1992 minutes. Upon recommendation of County Attorney Crook,, Supervisor Cofer moved the Board adopt the November 19, 1992 minutes. The motion passed unanimously (5-0). // County Attorney Crook requested an executive session regarding two matters under Section 2.1-344 A3 of the Freedom of Information Act involving acquisition and/or use of public property for public purposes; Section 2.1-344 A7 of the Freedom of Information Act regarding potential litigation and Section 2.1-344 Al of the Freedom of Information Act regarding personnel matters. At 8:15 p.m., Supervisor Cofer moved the Board go into executive session for the reasons stated by the County Attorney. The motion passed unanimously (5-0). . At 8:45 p.m., upon returning to open session, Supervisor Edwards 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 i~ ABSENT DURING MEETING: 0 .•. ao~~ 15 :~. ~ 15~. The resolution was adopted by unanimous vote (5-0). Supervisor Spady moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRIATE FIVE HUNDRED THOUSAND DOLLARS FROM. THE UNAPPROPRIATED FUND BALANCE OF .THE GENERAL FUND TO THE ISLE OF WIGHT INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY FOR AN INDUSTRIAL PARK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase of property for an industrial park; and, WHEREAS, the funds in the amount of five hundred thousand dollars ($500,000) need to be appropriated from the unappropriated fund balance to the Industrial Development Authority 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 five hundred thousand dollars ($500,000) from the unappropriated fund balance be appropriated to the Industrial Development Authority for the acquisition of property for an industrial park. '~] 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 resolution was adopted by unanimous vote (5-0). Supervisor Cofer moved the Board ..adopt the following recommendations of the County Administrator: . The County Administrator is directed. to do all things. necessary to re-enter Isle of .Wight in the State Community Certification Program. The County Administrator is requested to develop a comprehensive Economic Development Program for the Board's consideration, prior to the completion of the current fiscal year. . The County Administrator is requested to review the current job description of the Director of Economic Development, recommend changes, if any, and anticipate initiating recruitment for the position consistent with the new fiscal year. . The County~Administrator is authorized to appoint an Acting Director of Economic Development, pending completion of an Economic Development Program and selection of a permanent replacement for the position of Director. .~ aooK 15 ~~~:•152 The motion passed unanimously (5-0). /I At 8:50 p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). .~ ~1 _ /~ i Steve W. Edwards, Chairman Standish, Clerk 1 1