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09-16-1993 Regular Meetingao~M 15 ~~~~457 ~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD. OF SUPERVISORS HELD THE SIXTEENTH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY THREE ' PRESENT: ~ Steve W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby Joel C. Bradshaw, Jr. Malcolm T. Cofer 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 Edwards called the meeting to order at 6:00 p.m .and Supervisor Cofer delivered the invocation. // Chairman Edwards called for a special presentation by Sharon Corey- Winnegar, General Manager, Insight Cablevision to discuss the impact of the 1992 Cable Act. Ms. Winnegar stated the Act became. effective September 1, 1993 and calls have been received from County residents concerning the franchise fee. which formerly was not itemized on the bill. Ms. Winnegar stated Insight has experienced a 7% decrease in revenue which will result in a 7% decrease in the County's franchise fees. Ms. Winnegar stated the FCC has produced a formula to regulate rates which Insight has adopted in accordance with the FCC's rules. Ms. Winnegar stated the County will begin to see service calls charged on a per hour basis with a discount on installation rates.. Ms. Winnegar stated representatives of Insight have met with Congressman Sisisky and Senators Robb and Warner to explain their concerns. Ms. Winnegar stated the retransmission aspect of the 1992 Cable Act will begin to affect County residents in approximately two weeks and Insight currently has an agreement with. CBS and is optimistic same can be reached with ABC and. Fox; however, an agreement with NBC has not yet been reached. Supervisor Bradshaw stated improvement of cable services need to be accomplished before he can agree to any new rate increases. // Chairman Edwards called for Citizens Comments. Dr. Jane T. York, Superintendent of Isle of Wight County Schools, noted the Carrollton Elementary School is now open with a dedication set for October 10, 1993 at 3:00 p.m. Regarding the Windsor Middle/High School, construction has begun and is on schedule at an anticipated cost of 1 a eoea ~5 : ~~ X58 ,... $82.67 per square foot, Dr. York noted the cost for the Carrollton Elementary School is $71.30 per square foot. Dr. York continued the School Board has not yet gone to bid on the stadium, baseball field or the demolition of the old building and is in the process of purchasing two lots that would face directly on the front .of the building. Dr. York stated MacFarland Neblett with VDOT has given preliminary approval of three entrances the School Board would like to utilize which would allow better visibility, be safer and better for the Town of Windsor. Dr. York stated bids for the Smithfield auditorium will be opened September 28, 1993 at 2:00 p.m. and awarded on October 7, 1993 at 4:00 p.m. Dr. York stated the Windsor Middle/High .School's auditorium will be comparable with Smithfield High School's auditorium except for size .and technology, and is being presented to parents and faculty at Windsor Middle/High School and Smithfield High School next week. Dr, York stated she is present tonight to review the County's need for Phase II and request direction for the School Board so that they can begin the RFP process for an architect. Dr. York stated while the buildings are in poorer shape in the Windsor High School zone, the pupil/teacher ratios are better than in the Smithfield zone. Dr. York stated to achieve the School Board's goal to provide comparable programs and facilities at the. Smithfield Middle School, Smithfield High School, Hardy and Windsor schools the County is going to need technology, but at Smithfield Middle School the County is going to need technology that is comparable to the middle school that is being opened in Windsor next Fall. Additions and expansions for libraries are needed at all school sites as well as upgrading the cafeterias at Windsor Middle School, Hardy and Windsor Elementary School. Carpeting, painting and lighting upgrades are also needed at these facilities, in addition to upgrading the rest rooms. The fixtures need to be replaced and each rest room needs to be improved to meet ADA standards. Art and music rooms need renovation and expansion, and science labs are needed at the Smithfield Middle School which will be comparable to those the County is building at the Windsor Middle/High .School. The air conditioning needs. replacement in the cafeteria at Smithfield Middle School and two boilers and the hot water heater need to be replaced at Hardy. The roof at Smithfield Middle School needs to be resealed, a new roof is needed at Hardy and an upgraded roof at Windsor Elementary School. More space is needed at Hardy as the County moves to a K-5 for playground area and the playground needs to be upgraded at the Windsor Elementary School. The center at Smithfield Middle School serving the handicapped'children inthe County needs to be remodeled to accommodate the special. needs of the children there.. A PALS class needs to be added for special pre-school handicapped children at Hardy and the special education .facilities at the. Windsor Elementary School need drastic improvement. At Smithfield Middle School the School Board has delayed moving the 250 8th graders from the high school to the middle school program in the hopes that some type of renovation can begin .this year. The School Board .has. held off moving 125 5th graders from Smithfield Middle School back to the Hardy Elementary School with the hopes that some type. of renovations could begin there. Renovations could not begin at the Windsor Elementary School because there are 6th and 7th graders who will be moving out and space is not available in Windsor. The School Board has proposed a new 2 i' 1 e0er 15 • ''~5~ IL~ 1 ~• facility in Carrsville to house 375 children which, if built, would most likely have the attendance zone expanded. The most likely projection for children ` in K-5 in that area is a total. of 890. If rezoned by the year 2000 the County would have 290 children in Carrsville. The ..high. projections according to the demographics study just completed are that the Windsor. zone at Carrsville and Windsor Elementary School would have 999 children .and if the high projections were accurate the County would have 600 children at .Windsor Elementary School and 399 at Carrsville. Grades 6 and 7 will be moved from Carrsville in September of 1994 leaving an enrollment there of 200 to 210. The County could move the Windsor elementary trailers there if needed or the County. could build behind the existing facility. Dr. York stated approval of Phase II would allow the School Board to have more accurate schematic designs .and cost analyses. Supervisor Bradshaw stated he came on the Board eighteen years ago and the County was struggling then and the school system was very. difficult. When he came on the Board money was not easy to come by and it was difficult to pay the County bills at that time and he always believed in paying bills as they were incurred, but eighteen years ago the County .was paying its bills, but when he came on the Board the County was not in any shape to be talking about building schools. Supervisor Bradshaw stated this is when the County had to go foray windfall and collect taxes twice a year and with the help of the citizens of the County and the good Board members who served then the County has -made it this far and done we1L The County has come a long way and he has been conservative and maybe the County could have done more than it did. Supervisor Bradshaw stated the County has reached a point now where it is doing well and he has reviewed the figures and he is concerned about how the County will pay the bills because he does not want to put a burden on the taxpayers. Supervisor Bradshaw stated he wants to keep the tax rates at a level that the County can bring in commercial and industrial businesses and have a good County to live in. Supervisor Bradshaw stated he hopes that all Board members can join hands and make a decision tonight and he will work with every Board member and he will make a motion tonight. If the majority of the Board members do not like his motion then he will work with the Board because he is easy to get along with.. Supervisor Bradshaw stated he will not get mad at what the other Board members may say because he is going. to work with the whole Board and he thinks it is time now that the County -can build a school. Supervisor Bradshaw stated he is going off the Board and it is not because he wants to get this school built, but rather because of the cheap interest rates. You still must pay this money back but it is difficult because the farmers are struggling this year although he has not. had anyone tell him not to build. any schools now. .Supervisor Bradshaw stated the industrial site in Windsor. is proof that the .County is coming along well and with the growth in the County the County can handle the difficult things happening now. Supervisor Bradshaw stated this is a good group of Board members and he has looked at it and would like to offer the motion that the Board approve the Four-Year Plan and that the motion include that maybe the County does not need a new school in Carrsville. Supervisor Bradshaw stated he would hate to see the present school torn down if it could be preserved. He will leave this to the School Board: and he hopes the other Board members will make suggestions too... Supervisor .~ -- eooN ~.5.«f~46 ~.~. Bradshaw requested the Board to join hands tonight and work together as a team. Chairman Edwards stated Supervisor Bradshaw's motion is to approve Phase II on the Four-Year Plan and asked for discussion by the Board. Supervisor Cofer stated he is opposed to a Three-Year Plan .because of the expenditures involved which must be paid in a three-year period. Supervisor Cofer stated he liked the Four-Year Plan because it will give the School Board an opportunity to review the Carrsville facility from a demographic. standpoint and consider various ideas. Supervisor Cofer stated he believes in the middle school concept from the educational needs .standpoint and he would ask the .School Board in looking at the Four-Year Plan that there are some things included further down the road. Supervisor Bradshaw stated he understood the School Board has not yet made a decision as to the location of the new Carrsville school. Dr. York stated the School Board originally anticipated building the new Carrsville School on the same site; however, there are current implications of availability of land elsewhere. Dr. York stated the School Board currently has only preliminary figures on the cost of renovation as opposed to building a new school, but if preserving the old Carrsville School is important to the Board she can take this idea back to the School Board. Supervisor Bradby stated the Smithfield Elementary School is the school he attended as a high school as an adolescent and he disliked seeing the school destroyed. .Supervisor Bradby stated he has always heard Carrsville Elementary School is the best-kept school in the County and if it can provide quality education for County students then he would be in favor of renovating. the school. Supervisor Bradby stated he had no problem with Phase II because providing quality education in an amount the County can afford is a top .priority for him.. Supervisor Bradby stated he feels the relationship between the School Board and Board of Supervisors has reached a point that he enjoys and the Board wants to continue this kind of relationship. Supervisor Spady stated the proposed Carrsville school would allow for 375 pupils; however, if it was built now according to figures it would have approximately 230 pupils. Dr. York stated "no" because the attendance zone would be expanded. Dr. York stated. it is anticipated that there would be about 300 children located there by taking some of the students from the Windsor Elementary School and relocating them to Carrsville.- Supervisor Spady asked Dr. York if a new school was built in Carrsville .would the cafeteria be included so that classrooms could be added on as needed. 1 1 1. 4 .; 1 ao~K 15~ =~:1~461 Dr. York stated definitely because the cafeteria is the most expensive part of a school building and it is easy to add classrooms. Dr. York explained this is why building a new school is cheaper than renovating in some cases. Supervisor Spady stated a new school for 375 pupils is not functional because of the expense and suggested the County may wish to review the possibility of the school being expanded. Supervisor Spady stated perhaps the school could be built at a location other than Carrsville where it would be easier to change the boundaries of the attendance zones and it would depend on the cost of renovation of the old school as whether or not the County would be better off building a new school versus renovation. Dr. York stated the old Carrsville school presently has fourteen classrooms, a cafeteria and kitchen. that are adequate for a school of 200 pupils. Supervisor Spady stated he is not against building an elementary school in the southern. end of the County if a decision on the location can be reached. Supervisor Spady noted Supervisor Bradshaw's motion is not a funding motion, but simply to adopt the plan. Supervisor Bradshaw stated it is to approve the plan. Supervisor Cofer pointed out that by approving Phase II as presented, the School Board would have the authority to proceed with soliciting an RFP for an architect who can review. cost estimates for the Board's consideration of funding. Dr. York stated it takes approximately 60 days to solicit and receive bids on an RFP and an additional 30 days to evaluate the bids. Supervisor Bradshaw noted the boundary lines of the Carrsville attendance zone remain the same today as when he went to school as a boy. Supervisor Bradshaw stated when talking about population, his district does not even go half way to Windsor so it is not possible for his district to grow in relation to pupil ratio unless the boundary lines are changed. Supervisor Bradshaw stated it upsets him to hear it said that students will. have to be bused from Windsor to Carrsville because Carrsville has been busing its students for years to Windsor. Chairman Edwards stated he felt it is the School. Board's decision as to whether or not the school will be renovated or a new school built. Chairman Edwards requested the School Board to place a top priority on upgrading the special education classes, especially for the children with most serious disabilities, particularly those in the Smithfield school. County Attorney Crook stated the School Board presented a Phase II plan on March 9, 1993 which called for the renovation of the Hardy, Smithfield and Windsor elementary schools and a new Carrsville school with the design to begin in July of 1993 for Hardy .and Smithfield and January 1994 on Windsor and construction on Carrsville in December of 5 eo~N 15 -,~-462 1993. Mr. Crook stated the School Board also presented an alternate Four- Year Plan on March 9, 1993 that is the same as the Four-Year Plan except that the Carrsville Elementary School s new design will begin in September of 1994 with a completion date. of September 1996. Mr. Crook stated he wanted to ask that the alternate Four-Year Plan as presented be part of the minutes for this motion. Supervisor Bradshaw's earlier motion that the Board approve the following four-year plan. was unanimously (5-0) adopted: ISLE OF WItiHT COUNTY SCHOOLS Alternate Four-Year Plan: 1993194 - 1996/97 Timelines end Estimated Costs March 9, 1993 Eethnalsd EgMtNad Begin Begin Complete ~SlOSttudl0n ~nsltucllon l t2 ConaUudbn ~ ~ ~~ Hartly Elementary Smkhlleld Elemenlsry Windsor EMmsntary a0 as Jatwary 1994 Jarwery 1995 July 1993 July 1993 March 1994 Man:h 1995 January 1994 Seplsmber 1994 September 1995 S 1,®92,783 i 2,182,221 i 1,484,240 i 2,185,089 i 2,911,408 = 1.803,196 CerravUle Elementary New Sctwd September 1994 July 1995 Septembs- 1996 = 4,191,972 i 4.824.457 = 9,631.216 =10.609.087 Tole) Probed Estimated Fiscal Year Rsvenw Needed to Support Proposed Phess II Tlnlellnes •. Q94.95 ~~ ~"~ Total ProlaLl , ] , ]893.9 o s 1027009 Heniy EbmeniarY t 1,138,05 SmNhlield Ebmsntary 8 1,204,554 i 1,108,851 R Windsor Elementary i 58.422 S 1.151,375 ~ 993.339 CarrevAb Elemenlery i 123,000 i 238,258 S 9.548.584. S 623.837 TOTAL (Per Ravel Year) S 2,524,028 = 9.521,491 S 3,939,903 t 823,837 t+ 10.809.087,. TOTAL PROJECT John W. Beale stated he has been attempting to tap onto the sewer line at the Gating Pointe South development, but he has been informed that he must pay a $2,000 fee to accomplish this. Mr. Beale stated he must also pay a fee to the contractor to bring the line from the .force main to his lot. Supervisor Cofer stated it is standard policy for all homes to pay a tap-on fee, whether old or new, but in Mr. Beale`s situation, there is a force main which requires a sewer system to be in place for houses to hook onto. Supervisor Spady stated he spoke with Mr. Beale°s mother the previous week and advised her to .contact Russell Batten, the Utilities 6 r., x ~ . ,1~ 8 J. w .~.3 ~ ». J D Director in Smithfield, so that he could tell the contractor how he thought it should best be done. Supervisor Spady stated it was. his understanding Mrs. Beale had spoken with the contractor laying the`pipe in Gatling Pointe about his preparing the necessary drawing for her. Mr. Beale stated he was aware he would have to pay a $2,000 tap-on fee as well as a fee to the plumber for running the line. to his house; however, he did not feel it was fair for him to have to pay the contractor to bring it from the force main to -his lot. Ken McLawhon, Smithfield Town Manager, stated he has spoken with the Beales on. several occasions and. requested engineering drawings be delivered to the Town. Mr. McLawhon stated there are not sufficient Towh staff members to do these types of drawings, but if the Town can obtain a drawing they would be glad to work with whomever on the matter. Supervisor Bradby stated the drawing is just an added expense for the Beales and he can understand .their concern after paying the tap-on fee and plumber. Mr. McLawhon stated he has referred the Beales back to the developer of Gatling Pointe South for assistance, but it is not the Town's responsibility to absorb this cost. Mr. McLawhon stated on an individual basis the drawings are prepared when new development comes into the Town and why that was not addressed in these drawings is unclear. 1 Supervisor Bradshaw asked the County Administrator to elaborate on the County's agreement with the .Town. County Administrator Standish stated currently the County does have a utilities agreement with the Town to handle sewer, but it does not address. this particular circumstance. Chairman Edwards requested David J. Murphy, Director of Public Utilities, to get with the Beales to provide assistance on this matter. County Administrator Standish stated he believed County staff has met with Mr. Beale, but the Town is requiring a design engineer. 1 Ken McLawhon stated the Town of Smithfield does not own the infrastructure that is being considered for a connection. // At 6:57 p.m., Supervisor Cofer moved the Board amend the agenda to consider Item 11, the public hearing on the 1993-94 Secondary Highway Construction Budget. The motion was unanimously (5-0) adopted. I/ Chairman Edwards called for a public hearing on the. following:. 7 3 • F~F F ao~,x: ~fi %'A6F4'fi4 ~.~. 1993-94 Secondary Highway Construction Budget for Isle of Wight. County Chairman Edwards called for comments. from the Resident Engineer of the Virginia Department of Transportation. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated funds for the Construction Budget amount to $1,138,745 of which. $65,000 is set aside for incidental improvements, $939,368 for improvements on existing hard surface roads and $134,377 for improvements to unpaved roads. Supervisor Bradshaw Left the meeting at 7:00 p.m. Upon there being no citizens to speak regarding the Construction Budget, Chairman Edwards called for comments from the Board. Supervisor Cofer moved the Board adopt the following resolution: A RESOLUTION ACCEPTING AND APPROVING THE COUNTY OF ISLE OF WIGHT'S 1993-94 CONSTRUCTION BUDGET WHEREAS, the Board of Supervisors for the County of Isle of Wight and the Virginia Department of Transportation held a public. hearing on September 16, 1993 to solicit citizen's comments and recommendations ,concerning the County's 1993-94 Secondary Construction Budget; and, WHEREAS, comments and recommendations received from the aforementioned hearing do not warrant changing the County's 1993-94 Secondary Construction Budget. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors for the County of Isle of Wight does hereby accept and approve the County's Secondary Construction Budget, hereto attached, and made a part hereof, .reference there to being hereby specifically made, which contains construction projects as presented to the Board. The motion was adopted (4-0). Supervisor Bradshaw was not present for the vote. " // Supervisor Cofer moved the Board proceed with the order of the regular agenda. The motion was unanimously (4-0) adopted by the members present. (Supervisor Bradshaw had not returned.) Supervisor Bradshaw returned to the meeting at 7:03 p.m. // Chairman Edwards called for. Transportation Matters. .t i 1 f 8 r•. 1 i eoeN ~5 ~::~465 Supervisor Bradby requested the status of Route 681. Mr. Neblett stated VDOT is currently working with the County Attorney in an effort to obtain the necessary right of way easements from the estate heirs. Jim Holtoff of Carrollton expressed the desires of area residents along Jones Creek to request the Transportation Board to consider a specific , height of seventeen feet at mean high water for the proposed new Jones Creek Bridge. Ted Kelpien of Nike Park Road appeared in support of Mr. Holtoff's recommendation to request a height of seventeen. feet for the Jones Creek Bridge. Steve Gaskins of Titus Creek Road appeared in support of raising the height of the Jones Creek Bridge to a minimum of seventeen feet. Mr. Neblett stated VDOT will not begin final design of the Jones Creek Bridge until the .project is approved by the Commonwealth .Transportation Board. Mr. Neblett stated VDOT is presently reviewing a twelve-foot clearance because it would not add a tremendous increase to the existing estimates. Supervisor Bradby stated he is supportive of the .height being raised because it will accommodate larger boats utilizing the Jones Creek boat .ramp. Supervisor Bradshaw noted his support of the bridge being raised to seventeen feet. Supervisor Spady moved the Board direct County staff to write the Transportation Board requesting them to consider raising. the height of the Jones Creek Bridge to seventeen feet.. The motion was unanimously. (5-0) adopted. Supervisor Cofer requested the status of the improvements of North Church Street in Smithfield which he had earlier requested. Mr. Neblett stated paving is scheduled to begin before Winter. Chairman Edwards called for citizens with highway concerns. No one appeared. County. Administrator Standish stated VDOT has reviewed- the possibility of including Laurelwood Drive. and South Shore Drive in the State Secondary Road System under the Rural Addition Program and requested the Board to formally request VDOT to do so. ... Supervisor Spady moved the Board request VDOT to include Laurelwood Drive and South Shore Drive into the system under. the Rural 9 eoaK ~ ~ ~.5 ~w~r466 ~ Addition Program.. The motion was unanimously (5-0) adopted. // At 7: 20 p.m., Supervisor Cofer moved the Board take a recess. The motion was unanimously (5-0) adopted. At 7:28 p.m., upon returning to open. session, Chairman Edwards called for the Community Development rep©rt. 1 W. Do!iglas Caskey, Assistant County Administrator/Community Development, stated included in the agenda is a request from Ashby Land Trust for temporary water system service for additional .lots in Ashby Subdivision. Mr. Caskey stated in April of 1991 the County and Ashby Land Trust executed an agreement responsive to the incomplete status of the public water system designed to serve the subdivision. Mr. Casket' stated the Virginia Department of Health determined that because the water system .supply source could not meet the State/Federal standards for fluoride, the County and Ashby Land Trust entered into an agreement that stipulated that no more than a total of fourteen -lots would be conveyed until such time. as the operating permit by the Virginia Department of Health could be issued for a public community water system. Mr. Caskey stated included in the agenda is a request from W. B. Owen of Ashby Land Trust citing a hardship with the prior agreement and requesting permission from the Board to convey an .additional fourteen. lots from another well on a temporary basis. Also included in the agenda is the .original agreement and the amendment that was executed with the agreement in May of 1993, stated Mr. Caskey. County Attorney Crook stated the original agreement by the Board was to allow the sale of fourteen lots on a well by the developer because he could not meet the requirements of the Virginia Department of Health for a central water system supply, and the request tonight would require a change to the agreement that the Board has with the developer. Mr. Crook stated the matter does not necessarily need to go to .the Planning Commission because the agreement is between the Board and the developer although the matter could be referred to the Planning Commission for their recommendation or the Board could act on amending the agreement. .Supervisor Spady stated he sympathized with the developers because of the current fluoride level regulations, however, this agreement was originally prepared because of these health .regulations that. stipulate a developer cannot have a system to serve above fifteen lots or the fluoride regulations come. into effect. County Attorney Crook stated the request is contrary to the County's Subdivision Ordinance which requires a central water system for an entire subdivision if there are fifteen lots or more which was originally developed to comply with. the State Health Department's regulations. You can, however, grant an exception to this, and this is what the developer is seeking, stated Mr. Crook. i 10 *t ~oe~ 15 ~~:;~46? 1 ~. Supervisor Bradshaw stated he was in support of the developer's request and he did not believe the County would be doing anything wrong in approving the request.. County Attorney Crook stated the problem with this request is that the County is requiring central water systems under the control of -the Health Department for subdivisions and then the County is circumventing it by allowing it to be done fourteen lots at a time. Mr. Crook stated eventually you will need a central water system to serve the entire area and it may be advisable to have the County Attorney and County Administrator meet with the developers to bring back a recommendation to the Board. Mr. Crook stated there are other subdivisions in the County that have .this same .problem and if the Board approves this request, it may be setting a precedent. .Supervisor Bradshaw stated it is a different situation when a real estate developer buys land in the County to sell. These people live and farm in the County and he hopes: the County Administrator and County Attorney will take this into consideration as they make their recommendation, stated Supervisor Bradshaw. Supervisor Cofer moved the Board direct the County Administrator..- and County Attorney to meet with the developer and report back to the Board with a recommendation. The motion was unanimously (5-0) adopted. J i Mr. Caskey distributed a letter signed. by Francis Griffin, Planning Commission Chairman, transmitting to the -Board the .Planning Commission's recommended FY1994-1999 Capital Improvements Program.. Mr. Caskey .stated the proposed CIP represents an update of last year's effort of proposed County expenditures for physical improvements and acquisitions during the following five fiscal years. The Planning Commission conducted a public hearing on the proposed CIP on August 26, 1993 and subsequent to .the public hearing the Planning Commission directed the CIP subcommittee to consider the proposal. A final modified CIP was presented to the Planning Commission. on September 14, 1993 by the subcommittee and, after discussion, the Planning Commission moved to adopt the document for recommendation to the Board. Supervisor Bradshaw stated the PSA is an authority and it is illegal to be included in the CIP. . County Attorney Crook stated the reason these items are included in the CIP is to get all capital improvements into the five-year CIP for the purpose of working out the formula on development fees. They must be included in order to do this, stated Mr. Crook. Supervisor Bradshaw argued that this is not legal because it is an authority and suggested it may be alright if the PSA gives the Board permission to include these projects. Supervisor Bradshaw .stated the PSA is an authority and the Board of Supervisors .has nothing to do with it. k i r 11 i B~Q~ ~V irrtZw /M County Attorney Crook stated everyone has voluntarily added to the CIP their capital projects, such as fire departments, the Parks & Recreational Facilities Authority and the School Board so that the County can utilize this information in fiscal planning and it can be put into the impact study the County is doing for determination of development fees. Supervisor Cofer moved the Board .authorize the County Administrator to advertise the CIP for public. hearing at the October. 21, 1993 meeting. The motion passed (4-1) with Supervisor Bradshaw voting in opposition to the motion. // Chairman Edwards called for the. County Attorney's report. County .Attorney Crook distributed a letter to the Board recommending their approval of the agreement with HRSD which includes the new route that carries it over to Smithfield Foods. Mr. Crook stated the County Administrator has also prepared a resolution. for action by the Board. Mr. Crook stated Smithfield Foods has met wi#h HRSD and located on the ground where the proposed line will be located so as not to interfere with Smithfield Foods' future construction plans. Supervisor Bradshaw moved- the Board adopt the following resolution: RESOLUTION AUTHORIZING EXECUTION OF ADDENDUM III TO THE AGREEMENT FOR CONSTRUCTION OF SMITHFIELD INTERCEPTOR FORCE MAIN FOR THE COUNTY OF ISLE OF WIGHT WHEREAS, the Board of .Supervisors of Isle of Wight County .have evaluated the .need for and .route of the extension of Hampton Roads Sanitation District `service .into -Isle of Wight County; and, WHEREAS,. the Board of Supervisors of Isle of Wight County concur with the Master Plan of Hampton Roads Sanitation District for such service. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County does hereby approve the Addendum III to the agreement .for .construction of Smithfield Interceptor Force Main for the County of Isle of Wight, and authorizes its Chairman to execute -the addendum of behalf of .the County, and its Clerk to attest to same. The motion was unanimously (5-0) adopted. County Attorney Crook stated the pumping station in the Town of Smithfield will be located on County property and the Town would like some assurance from the County that the Town will not be required to pay to locate. their pumping station on County property. County Attorney Crook stated to address their concern, he would suggest a lease be prepared for $1 a year for 99 years: Supervisor Cofer moved the Board direct the County Attorney to 12 1 i eo~~ 15.~~~46~ L ~. bring back a lease to the Board stipulating that the Town of Smithfield will not be responsible for lease. payment of the pumping station if it is located on County property. The motion was unanimously (5-0) adopted. County Attorney Crook stated the lease would contain a reversion to the County if the pump station is not used. County Attorney Crook distributed a copy of the Comprehensive stormwater Detention Agreement from VDOT which he believes is necessary if the County wants VDOT to continue to takeover the secondary and new subdivision roads.. Mr. Crook stated he does recommend. the Agreement as, to form to the Board far approval.. . County Administrator Standish drew the Board's. attention to Paragraph 1 where it states "the County agrees that VDOT has no maintenance upkeep and/or repair responsibility or liability for such ~~ stormwater detention facilities, etc.. Mr. Standish stated with increasing requirements from Federal and State sources .the County will begin to have to treat stormwater the same as wastewater, of which the first step ,is detention, and this Agreement begins to put all the requirements on the County from stormwater runoff from VDOT roadways. 1 County Attorney Crook stated the County would need to .make changes in the ordinances as well as requirements of developers in subdivisions for maintaining some. type of bond to cover costs incurred because the County does not have an alternative unless it does not want VDOT to take in new subdivision streets. Supervisor Spady .questioned how many counties have adopted such an agreement. Mr. Neblett replied there have been six counties across the State since August 1,1993. that have adopted the agreement. Mr. Neblett further stated the Secondary Roads Division will no longer accept subdivision streets into the system unless the locality enters into the agreement. County Administrator Standish stated the localities along the Chesapeake Bay have an elevated requirement for stormwater management and asked Mr. Neblett if .every locality must agree to a standardized agreement. Mr. Neblett. stated some counties have offered revisions. to the agreement although it is unclear whether or not VDOT has accepted these revisions. Supervisor Cofer moved the Board table discussion on the matter until the October 21, 1993 meeting. The motion was unanimously (5-0) adopted. County Attorney Crook stated the County Administrator's office forwarded a change order to him for completion of the renovation work to the old Smithfield High School that extends, the contract fourteen days for unforeseen delays in product delivery and materials so that they would not 13 ~~~M , . i5 .h~470 ,,... be penalized under. the penalty provisions of the contract. Mr. Crook stated approval of the request was recommended by the architect and requested by Vrtexco Company. Supervisor Cofer moved the Board adopt the change order allowing a fourteen day extension of time for completion of the project due to unforseen delays in product delivery and materials. The motion was unanimously (5-0) adopted. County Attorney Crook stated he has received the proposed agreement for the Windsor Library facility between the County and he Town of Windsor. Mr. Crook stated in the event the facility would no longer be used as a library, the Town would have the option to purchase the facility from the County based upon an appraisal system where each has an appraiser and each appraiser selects a third appraiser. Chairman Edwards moved the Board approve the following agreement with the stipulation -that Windsor will have an option to purchase the facility from the County based upon. an appraisal system in the event the facility should cease to be used as a public library: THIS DEED AND AGREEMENT, made and entered into in duplicate thin 16th day of September, 1993. by and between the TOWN OF WINDSOR, a Virginia Municipal Corporation, of the first part, hereinafter called "Town"; and .the COUNTY OF ISLE OF WIGHT, of the second part, hereinafter called "County": WHEREAS, by deed from Mary Herbert Watkins Laine to the Town of Windsor dated May 15, 1975 and recorded in the Clerk's Office of the circuit Court for Isle of Wight County, Virginia in Deed. Book 232, page 49, the Town acquired a certain parcel of land situate on Duke Street, in the Town of Windsor, County of Isle of Wight, State of Virginia, containing 0.398. acres according to a plat of survey recorded in the Clerk's Office aforesaid in Deed Book 232, page 51, the said parcel of land having been acquired and held by the Town for public purposes, hereinafter referred to as the "Property"; WHEREAS, the Town and the County have agreed that the public interest of their citizens will be served and promoted by the construction of a building and accessory improvements and facilities on~ the Property for use as a public library, the said building, facilities. and improvements being collectively referred. to hereinafter as the "Facility"; and WHEREAS, in order to provide for construction and maintenance of the Facility, the Town and the County have agreed. to enter into this deed and agreement for the purpose of providing access to and from the Facility for the County and for ownership of the Facility, exclusive of the Property, by the County: NOW, THEREFORE, for and in consideration of the sum of .Ten ($10.00) Dollars, cash in hand, paid by Town and County,. each to the other, and other good and sufficient considerations, the receipt of all of which is 1 i 14 eo~N 15:~~~471 1 ~,,. hereby acknowledged, one. from the other, the Town hereby grants and . conveys to the County all of its right, title and interest in the Facility, separate and apart from, and exclusive of, the Property, together with a free and unrestricted public right of ingress to and egress from the Facility from Duke Street; provided, however, that this easement shall terminate at such -time as the Town shall acquire exclusive ownership of the Facility as provided hereinbelow. And for the same consideration, it is agreed by the. Town and the County, in the way of a restrictive covenant upon the land, that the County shall own the Facility upon the following terms and conditions, this restrictive covenant to run with the land: L The interest of the County in and to the Property is limited to the public easement granted hereinabove and an ownership interest in the Facility. The County shall have no ownership interest in the fee title to the Property. 2. The County shall manage and operate the Facility as a public library. i ~~ 3. A. At such time as the Facility shall cease to be used and occupied as a public library, the Town may, at its option, purchase the Facility from the County for the price determined hereinbelow, upon the Town giving the County not less than 90 days written notice of its intention to purchase. B. In order to determine the price to be paid by the Town to the County for the Facility, the Town. and the County shall each select a qualified appraiser, which appraisers shall in turn jointly select a third qualified appraiser, and each of the three appraisers will thereupon conduct a fair market appraisal of the Facility in accordance with generally. accepted principles of appraisal, whereupon the Town shall pay to the County the average of the fair market values determined by the three appraisals, the cost of which appraisal shall be divided equally by the Town and the County. C. In the event the Town declines to exercise the purchase option described above, then the County shall have the same option to purchase the underlying fee title to the Property from the Town in the same manner. WITNESS the following signatures, Town of Windsor having caused this instrument to be executed by its Mayor pursuant to a resolution of the Town Council of the Town of Windsor adopted July 13, 1993, and the County of Isle of Wight having caused this instrument to be executed by the Chairman of its Board of Supervisors, pursuant to a resolution adopted on September 16, 1993. The motion was unanimously (5-0) adopted. Chairman Edwards noted the ground breaking far the library is 15 ... eo~e~ 15R~472 ,,.. Tuesday, September 21, 1993. County Attorney Crook stated he was requested at a prior meeting to review the possibility of the County requiring water saving devices in new construction. Mr. Crook stated the Superintendent of Inspections has. assisted in this regard and under the Uniform Statewide Building Code there is an option provision which applies to the requirement of conservation mechanisms in construction. Mr. Crook stated if the County elects to exercise that option then that portion of the Building Code will apply and the Board only needs to adopt a motion pursuant to Section 36- 99.10 of the Code of Virginia that option provision Section P-2301.2 of the Uniform Statewide Building .Code apply in the County. Supervisor Spady noted this would save on both water and septic tank systems, .however, he believes builders and citizens should be consulted before the Board takes action on the matter. County Attorney Crook stated if a building permit is obtained an inspection is made by the Building Inspector who will inform the individual that water saving devices- are required on new construction. Chairman Edwards stated he saw nothing.. intrusive about this proposed requirement because water saving devices are required in Virginia Beach and other localities with water problems. Supervisor Spady questioned if a mobile home is moved into the County is it required to have. water saving devices. County Attorney Crook responded mobile homes must be in compliance with the Building Code and this is an optional .provision to the Building Code that has. been adopted by many jurisdictions so he would think they would be in compliance. Supervisor Cofer moved the Board table the matter until the October 21, 1993 meeting. The motion was unanimously (5-0) adopted. County Attorney Crook stated the County Administrator forwarded a contract. to him from. SEVAMP that contains provisions he cannot recommend to the Board. Supervisor Cofer moved the Board authorize the County Attorney to correspond with SEVAMP regarding the contract. The motion was unanimously. (5-0) adopted. Supervisor. Bradby stated he represented this Board on the SEVAMP Board and requested a copy of the contract for his reference. County. Attorney Crook stated he has been provided a copy of the Family and Medical Leave Act of 19'93 which he has reviewed. Donald Robertson, the Assistant to the .County Administrator, has prepared an amendment to the. County's Personnel Policy to implement the Act provisions and he would like. to distribute the Act to the Board members 16 1 1 1 .~.. eoeM ~5 : ~~~473 who may wish to .review the. Act before taking action. County Attorney Crook requested an executive session later in the meeting concerning acquisition of property for public. purposes and use. // Chairman Edwards called for the County Administrator's report. Mick Kauffman, Direct Motorola representative, stated he was asked to review the County's E911 infrastructure and provide recommendations to enhance the operation of the system.. Mr. Kauffman stated some adjustment should be made to correct the following conditions: congestion on the fire frequency, two of the County's public safety bay stations should be replaced and the system should be expanded Kauffman stated the ffire coordinate the efforts. of the rescue squads. Mr and .Sheriff's Department transmitters should be .removed ..from active service and used as .backups at a cost of .approximately $19,000.. Mr. Kauffman stated this would be an excellent opportunity with regard to the fire transmitter to increase its output power from 125 watts to 350 watts. Combined with a separate transmit and receive antenna, this will reduce or eliminate the occasional garbled messages and dead spots presently being experienced. Mr. Kauffman stated this wouldadd approximately $23,000 to the price. The console for the County's E911 communications center. has functional capability to work with rescue squads iE the County -had a transmitter at the tower location. The price of a new transmitter to activate the new capability is approximately $11,000. The equipment building at the .tower building is small with little room .for. any additions and it is his recommendation that a larger facility of masonry construction with proper environmental equipment and ground be purchased at a cost of .between $10,000 and $15,000. Mr. Kauffman stated he is working in conjunction with the County Administrator and the FCC and APCO to obtain one additional. VHF channel for the County so that all non-emergency traffic can be removed from the fire frequency which would necessitate a modification or replacement to the existing equipment for Public Works, Public Utilities, Community Development, Animal Control and the Sheriff's Department at a cost of $15,000. Mr. Kauffman recommended the County conduct a complete inspection of the radio tower, its antenna and cables, which has not been done for ten years. and is generally recommended as a routine maintenance exercise, at a cost of $550.. The County should ..anticipate spending $84,000 to improve its communication system by increasing its capacity to better serve the citizens of the County and .allowing for future demands to be placed on the system and assuring that the system will be functional for the next decade. Supervisor Bradby asked Mr. Kauffman if the transmitters would eliminate the breakup in the beepers for the Rushmere Fire Department. Mr. Kauffman stated this would be the purpose for increasing the output power and going to a separate transmit and receive antenna. Supervisor. Spady asked Mr. Kauffman if he knew.. where the .. 17 aoeK 15 :R-474 ~• interference was coming from that some of the fire departments were experiencing.. Mr. Kauffman stated. atmospheric conditions could be the cuep~t aNna the rash of interference experienced over the last .several we accepted by people in the industry as a situation called "ducting" which occurs when two air masses of different temperature lay together and radio signals travel through. People in this area have recently experienced a rash of this as this area is inclose proximity to Baltic ostat d VHF uls gs°Will also cold and warm air come together. Mr. Kauffm experience some congestion because there are other transmitters sharing it. Mr. Kauffman stated when a tremendous amount of interference is experienced APCO and the FCC should be contacted because they regulate the amount of transmission power.. Supervisor Spady stated Mr. Kauffman is suggesting the County upgrade to 350 watts, but how high could the County go. Mr. Kauffman stated there is no restriction on the output power of the transmitter but APCO will review what 350 watts will do for the County if put on this frequency. and they will also look at co-channel users adjacent to the County frequency to make sure .this will not affect them. Supervisor Spady pointed out that other people are getting .approval from APCO because this is what is affecting the County's channel Supervisor Spady stated if the County upgrades their output someone else may come along and upgrade theirs which could result in anever-ending battle. Mr. Kauffman stated before this happens the County will probably be doing something completely different. Supervisor Spady requested the status of painting the antenna before it was inspected. County Administrator Standish stated bids were received to paint and replace the light bulbs on the tower, but the firm went out of business before .action could be implemented. County Administrator Standish stated the number of complaints have increased and it is now time for a comprehensive review of the matter. A potential source of covering the cost of this is E911 revenues because the County is ending its first full year of E911 service and .there may be some funds available to allocate towards this effort. Supervisor Spady requested that Motorola's recommendation be provided to the Board in writing for their review. Mr. Standish stated the matter will be placed on the October 21, 1993 agenda as an action item with Motorola's. report, source of funding, and other recommendations. 1 1 18 C eooK 15R~,f475 ~. County Administrator Standish stated the County's cooperative relationship with Southampton County for computer services terminates in one year and he has requested the Commissioner. of the Revenue to serve as Chairman of an ad-hoc committee of computer users. Mr. Standish stated the Board should authorize the issuance of an RFP for professional services to begin the process of the County initiating their own data processing system. County Attorney Crook questioned the first paragraph in the proposal where it states. "to provide professional services for the evaluation of the County's data processing system". Mr. Crook stated an evaluation is helpful; however, what the County is really seeking is preparation of specifications and evaluation of bids which are not included in this RFP. Mr. Crook stated under the Scope of Work the RFP does goes further, although not far enough. County Administrator Standish stated staff has not yet determined. what kind of programs are needed. Gerald H. Gwaltney, Commissioner of the Revenue, stated it was the Committee's feeling that they did not want to second guess the intention of the Board. Supervisor Cofer moved the Board authorize .the County Administrator to issue an RFP subject to further comments from users and incorporating the suggestions of the County Attorney. The motion was unanimously (5-0) adopted. County Administrator Standish stated to change the County's method of refuse collection would require site development, containers and equipment. Mr. Standish stated County staff has solicited cost proposals from four separate refuse hauling firms to compare the costs which range from $80 per haul to $125. Mr. Standish stated SPSA was requested to provide an estimate and had responded with a cost of $60 per haul. One option the County may wish to consider is to consult with SPSA and obtain further information at their next Board meeting because they would potentially build the transfer stations, utilize their existing trucks and provide. containers which means they would cover the capital expenditure and it becomes an operating cost for the County, stated Mr. Standish. Supervisor Spady asked how many times the County would need to dump the site at Route 711 which has three containers. 1 County Administrator Standish replied this is the busiest site which would require a minimum of one per day. Supervisor Spady stated the County utilizing SPSA's services needs to be further explored; however, he would prefer to own the land and have in the agreement that the County can purchase the site if the County desires to do so. Supervisor Spady moved the Board authorize County staff to pursue 19 eoeK 15:~.:~47f ~ further details regarding transfer sites and collection. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Sheriff's Department budget included five cars, but only four were purchased due to availability of cars. Mr. Standish stated the Sheriff is requesting that the balance of the funds be used to purchase other equipment. Supervisor Spady moved the -Board authorize the Sheriff to use the balance of the funds from the capital budget to purchase other equipment. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Sheriff has reorganized his staff to include a Dispatch Supervisor and with the recent change in the State law E911 revenues can be used to supplement dispatcher and related salaries. Supervisor Spady asked if the Sheriff has, or is expecting to, request compensation from the Compensation Board. County Administrator Standish stated the Sheriff has already been compensated by the Compensation Board to a point.. This would be in addition to that, stated Mr. Standish. Supervisor Spady asked if this would be a one-time request. County Administrator Standish stated be believes the Sheriff desires this to be an on-going request. Supervisor Bradshaw stated the E911 system is not producing as it should in his area and needs improvement. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FOUR THOUSAND FIVE HUNDRED DOLLARS FROM THE CURRENT FISCAL YEAR E911 REVENUE FOR PERSONNEL SERVICES WHEREAS, the Board of Supervisors of the County~of Isle of .Wight,. Virginia has approved expenditures. for personnel services; and, WHEREAS, the funds in the amount of four thousand five hundred dollars ($4,500) need to be appropriated from the current fiscal year E911 revenues to the salary and wages line item of the E911 fund in the 1993-94 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 four thousand five hundred dollars ($4,500) be appropriated to the salary and wages line item of the E911 fund in the 1993-94 budget of the County of Isle of Wight. 1 1 20 80QN ~V °~':~~~ 1 1 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 and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. County Administrator Standish stated included in the agenda is a request from the Parks & Recreational Facilities Authority for additional funds because the. trucks that Mr. Nogiec explored are more costly than the amount appropriated in the budget. Supervisor Spady asked Mr. Nogiec what he planned to use .the truck for. Alan Nogiec, Director of Parks & Recreational Facilities Authority, stated the truck is a replacement for his. current GMC truck which is used to haul materials and pull a trailer. Mr. Nogiec stated he understood the difference between a F600 and F700 truck is that the F700 is a diesel. i~ Supervisor Spady stated he believed Mr. Nogiec could purchase a F600 to do the same job and if a diesel is purchased you need to plan on putting at least 100,000 miles on the truck per year. Mr. Nogiec stated the cost between a diesel and a gas motor is between $1,700 and $2,000 and the life expectancy is about three times longer and the economy twice as much. Supervisor Spady stated the difference in the two trucks is the axle and not what they can haul. Supervisor Spady stated he believed Mr. Nogiec is buying too big a truck for his needs and that he could buy .the same truck for the amount of money appropriated in his budget. Supervisor Cofer moved the Board authorize Supervisor Spady and Alan Nogiec to negotiate with the low bidder on the purchase of a "F600" truck. The motion was unanimously (5-0) adopted. County Administrator Standish stated included in the agenda is a status report on the Isle of Wight history book and a report from William E. Laine, Jr. Mr. Standish stated in order to cover the cost to date, he would recommend. the Board adopt a resolution appropriating $7,885. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN THOUSAND EIGHT HUNDRED EIGHTY-FIVE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR HELEN KING'S HISTORY BOOK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for Helen King's History Book,; and, 21 ~ WHEREAS, the funds in the amount of seven thousand eight hundred eighty-five dollars ($7,885). need to be appropriated from -the unappropriated fund balance to the Helen King's History Book line item in the 1993-94 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 seven thousand eight hundred eighty-five dollars ($7,885), frs Histthe unappropriated fund balance be appropriated to the Helen King ry Book line item in the 1993-94 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 was unanimously (5-0) adopted. County Administrator Standish stated he has received an additional letter from Mr. Laine who recommends that the Board establish a cost of the sale of the book. Supervisor Cofer moved the Board establish the cost of the sale of the book on an individual basis at $29 and at $24 on a case lot basis. The motion was unanimously (5-0) adopted. County Administrator Standish stated there. will be a book signing reception by Helen King on September 26, 1993 at 3:00 p.m. at the Courthouse.. Weather permitting, the ceremony will be held outside or if bad weather, the ceremony will be held in the Board Room. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED THIRTY ONE THOUSAND SIX HUNDRED TWENTY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE SECOND FLOOR RENOVATION EFFORT AT THE ISLE OF WIGHT/ SMITHFIELD LIBRARY WHEREAS, the Board of Supervisors of the County~of Isle of Wight, Virginia has approved expenditures for the second floor renovation effort at the Isle of Wight/Smithfield Library; and, WHEREAS, the funds in the amount of one hundred thirty one thousand six hundred twenty dollars ($131,620) need to be appropriated from the unappropriated fund balance to the second floor renovation effort at the Isle of Wight/Smithfield Library line item in the 1993-94 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 thirty one thousand six hundred twenty dollars ($131,620) from the 22 1 1 eoryM 15 ~:F479 I~ L -J ~. unappropriated fund balance be appropriated to the second floor renovation effort at the Isle of Wight/ Smithfield Library line item in the 1993-94 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 was unanimously (5-0) adopted. Supervisor Cofer moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRI IGHTY DO ~ ARSI'HOUSAND ONE HUNDRED FROM THE UNAPPROPRIATED FUND BAOF A LIEN THE GENERAL FUND FOR RETIREMENT WHEREAS, the .Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for the retirement of a lien on property; and, WHEREAS, the funds in the amount of sixty four thousand one hundred eighty dollars ($64,180) need to be appropriated from the unappropriated fund balance to the line retirement line item in the 1993-94 budget of the County. of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Su ervisors of the County of Isle of Wight, Virginia that sixty four thousand one hundred. eighty dollars ($64,180) from the unappropriated fund balance be appropriated to the lien retirement line item in the 1993-94 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 was unanimously (5-0) adopted. County Administrator Standish stated the County incurred costs in the amount of $3,149 in preparation of Hurricane Emily for the purchase of a backup generator to provide power to one of the two shelters, batteries, radios, food, water and other related items. 1 Supervisor Bradby moved the Board approve $3,149 from the contingency fund for the purchase of a backup generator to provide power to one of the two shelters, batteries, radios, food, water and other related items. The motion was unanimously (5-0) adopted.r Supervisor Spady moved the Board adopt. the following resolution: 23 eoer , 15 :N;~.48~ ~ RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY FOUR THOUSAND FIVE HUNDRED EIGHTY DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF YOUTH & FAMILY SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has created an Office on Youth to better serve the youth of the County; and, WHEREAS, the County of Isle of Wight has been awarded a grant in the amount of twenty four thousand five hundred eighty dollars ($24,580) or so much as shall be received from the .Commonwealth of Virginia, Department of Youth & Family Services; and, WHEREAS, .the grant funds need to be appropriated to the Delinquency Prevention. & .Youth Development Program in the 1993-94 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 four thousand five hundred eighty dollars ($2,580) or so much as shall be received from the Commonwealth of Virginia, Department of Youth & Family Services be appropriated in the 1993-94 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 was .unanimously (5-0) adopted. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE OCTOBER 3, 1993 AS "FIRE FIGHTER APPRECIATION DAY" .~ WHEREAS, there are many citizens of Isle of Wight County who contribute countless hours of their personal time to the volunteer fire departments which provide fire fighting services throughout the County; and, WHEREAS, the County's volunteer fire fighters risk their lives to provide a better quality of life for others; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight is .very appreciative of the professionalism and the quality of service provided by the volunteer fire departments in the County; and, WHEREAS, the 1993 General Assembly has established the first day of Fire Prevention Week as "Fire Fighter Appreciation Day in Virginia". 1 1 24 ao~K 15•;::-481 . 1 1 ~. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the - Board of Supervisors of the County of Isle of Wigl}t recognize October 3, 1993 as "Fire Fighter Appreciation Day" in honor of the contributions made by fire fighters to provide a better quality of life for others. The motion was unanimously (5-0) adopted. County Administrator Standish stated a copy of the resolution would. be distributed to each of the five volunteer fire departments. County Administrator Standish stated the Board previously authorized a letter be sent to the Governor's office requesting assistance in obtaining Federal financial assistance and a resolution should be formally adopted for the record. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO REQUEST THE GOVERNOR'S ASSISTANCE IN OBTAINING FEDERAL FINANCIAL ASSISTANCE WHEREAS, the County of Isle of Wight is a rural county with over 50,000 acres of cropland; and, WHEREAS, a significant portion of the County's cropland has been damaged due to a severe lack of precipitation during critical periods in the growth of corn and peanut crops; and, .WHEREAS, several farms in Isle of Wight County will experience financial hardships as a result of the drought conditions and the tremendously low crop yields; and, WHEREAS, federal financial assistance is available for individuals impacted by agriculture-related natural disaster conditions; and, WHEREAS, the Governor of the Commonwealth of Virginia must make a written request to the Secretary of Agriculture for the County of Isle of Wight to be declared a federal disaster area. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight respectfully request the assistance of the Governor of the Commonwealth of Virginia in obtaining federal disaster designation and implementation of the "Livestock. Feed Program" for those agricultural areas of the County adversely affected by the drought. The motion was unanimously (5-0) adopted. 1 County Administrator Standish stated the Board of Assessors had their initial meeting with Pearson's Appraisal firm on September 7, 1993. Mr. Standish noted both the Commissioner of Revenue and Director of Budget and Finance were present and regular meetings will occur on a monthly basis during the assessment process. 25 801'K ~5 ~Aff 482 Supervisor Spady recommended that the County Attorney be invited to the next meeting of the assessors to advise them of their responsibilities. County Administrator Standish noted $9,475.07 was collected by the delinquent tax collection attorney for delinquent tax collection efforts at a cost to the County of $2,670.54. The cost represents 28% of the amount collected, stated Mr. Standish. Supervisor Spady 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 FIFTY THOUSAND DOLLARS OR AN AMOUNT AS MAY BE AWARDED FROM THE BOATING ACCESS AND FISHING PIER PROJECTS GRANT PROGRAM OF THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the development and submission of an application for grant funds from the Boating Access and Fishing Pier Projects Grant Program of the Virginia Department of Game and Inland Fisheries for the development of the Jones Creek Public Boat Ramp. NOW, THEREFORE, BE IT AND IT HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifty thousand dollars ($50,000) or an amount as may be awarded from the Boating Access and Fishing Pier Projects Grant Program of the Virginia Department of Game and Inland. Fisheries. be appropriated to the Jones Creek Public Boat Ramp Development project in the 1993-94 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 things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. County Administrator Standish stated. Judge Moore has .advised that the filing system has been installed in the Clerk's office and requested an additional appropriation of $400 to upgrade their furniture. Mr. Standish stated their budget request did not reflect the amount it should have and this money can be transferred from the contingency account if the Board concurs. Supervisor Spady moved $400 be transferred from the contingency account to upgrade furniture in the Clerk's office. .The motion was unanimously (5-0) adopted. Supervisor Spady requested the Commissioner of the Revenue to elaborate on the letter to the Treasurer regarding a refund on taxes. 1 1 26 ,: 1 BOnK 15:~t~4~J Gerald H. Gwaltney, Commissioner of the Revenue, stated Kenneth E. Richter was entered. into the computer correctly and DMV kicked it in with a different spelling of the last name. The individual paid the correct bill; however, the second bill with the incorrect. spelling was the reason the taxpayer never responded and left the bill unpaid. The Treasurer's office issued two notices for it being delinquent and getting no response sent two letters to the employer to advise that a lien would be held and garnishment initiated. Apparently, the employer did .not forward the letter to Mr. Richter and his wages were garnished and charged a $20 fee. When the taxpayer visited the County on August 30, 1993 a refund was issued and forwarded to the County Attorney at that point, stated Mr. Gwaltney. Supervisor Spady moved .the Board direct .the Treasurer to refund $284.03 to Kenneth E. Richter of .Carrollton this week if possible. The motion was unanimously (5-0) adopted. County Administrator Standish- stated Chairman Edwards has received a request from the City of Portsmouth to participate in their horse race track project and that he would forward a copy of the information to each Board member for their information. Mr. Standish stated the meeting was set for 6:00 this evening, but could not be attended because of the conflict with the Board meeting. // LJ~ Chairman Edwards. called. for Old Business. Supervisor Cofer requested the fence at Cary Street in Smithfield be cleaned off. County. Administrator Standish advised the fence at Cary Street in Smithfield would be cleaned off within a week. // Chairman Edwards called for New Business. There was no new business offered for discussion by the Board. // Chairman Edwards called for Appointments. There were no nominations offered for appointment by the Board. 1 // Chairman Edwards called for approval of the August 17,1993 special meeting minutes as amended, the August 19,1993 regular meeting minutes and the August 23, 1993 continued meeting minutes. County Attorney Crook stated there should be a reference at the 27 eo~M 15 ti-r~484 beginning of the August 17,1993 special meeting minutes to reflect that five members of the Board called the meeting in writing and a waiver of the time requirement was signed by all members. Mr. Crook stated he would get with the Board's secretary to word this change. Supervisor Cofer moved the Board adopt the August 17,1993 special. meeting minutes, August 19,1993 regular meeting minutes and the August 23, 1993 continued meeting minutes. The motion was unanimously adopted. // County Attorney Crook requested an executive session pursuant to Sections 2.1-344 Al and A7 of the Freedom of Information Act concerning acquisition ownership of land for public purposes and a personnel matter involving an annual evaluation of personnel. At 9:10 p.m., Supervisor Cofer moved the Board go .into executive session fore the reasons stated by the County Attorney. The motion was unanimously (5-0) adopted. At 9:33 p.m., upon returning to open session, 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 conducted 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 r V 1 28 .: ~~ II ~~ B~nN ~5 :R;;r~OJ rr~• The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board authorize .the .County Administrator to draft a .resolution honoring Dr. Al Rogers` years of service on the Industrial Development Authority and the Parks & Recreational Facilities Authority and .that he and his wife be invited to attend the October 21, 1993 meeting for presentation. The motion was unanimously (5-0) adopted. // At 9:34 p.m., Supervisor Cofer moved the Board adjourn. The motion was. unanimously (5-0) adopted. ~~ ~ Steve W. Edwards, Chairman My~ les ~ Standish, .Clerk 29