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11-18-1993 Regular Meeting~o~K 15:~~r516 REGULAR MEETING OF .THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF NOVEMBER 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 Casket', 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 Bradby delivered the invocation. // Chairman Edwards called for Special Presentations: Dr. Al C. Rogers Chairman Edwards acknowledged Dr. Rogers' contributions to the community through his efforts in rescue squads, education and employment opportunities. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF DR. AL C. ROGERS WHEREAS, Dr. Al C. Rogers has been a leader and a catalyst for positive community .action in Isle of Wight County for many years; and, WHEREAS, he has dedicated countless hours and contributed tremendous .amounts of his own resources to the improvement of the quality of life of the residents of Isle of Wight County; and, WHEREAS, Dr. Rogers served as the first Chairman of .the Isle of Wight County Parks & Recreational Authority and actively participated as a member from its inception in 1974 until 1993; and, WHEREAS, for over 15 years Dr. Rogers helped to encourage and improve economic development in the County by serving on the Isle of Wight County Industrial Development Authority from 1977 until 1993; and, WHEREAS, Dr. Rogers has also been instrumental in the development and creation of post secondary educational opportunities for citizens, most notably through his involvement with Paul D. Camp Community College; 1 1 1 1 •; eo~~ 15:~cr517 1 and, WHEREAS, the Board of Supervisors of the County of Isle of Wight recognizes the enormous efforts of Dr. Rogers in improving the quality of life for all residents of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle. of Wight recognize the leadership of Dr. Al C. Rogers and his dedication to serve others. BE IT FURTHER RESOLVED that the Board of Supervisors formally express its appreciation for the positive social, economic, and educational contributions Dr. Rogers has made to the quality of life of the citizens of Isle of Wight County. The motion was unanimously (5-0) adopted. Chairman Edwards called for Special Presentations: Woodmen of the World. Sam Callis of Suffolk presented plaques. to Ms. Gaskins, Ms. Webster and Mr. Swinson for their efforts in saving Ms. Woods when a barn collapsed on her. Chairman Edwards called for Special Presentations: City of Portsmouth Horse Race Track. 1 Mathew James, Portsmouth's Director of Economic Development, provided a brief presentation relative to proposed regional benefits of which includes an additional 1,000+ jobs, enhanced tourism of the Hampton Roads area, expanded agri-business and other related industry opportunities, an annual contribution to the Sports Authority of $175,000 per year and provides for a unique opportunity for public sector profit. Steve Herbert, Portsmouth's Assistant Economic Development Director, provided a brief presentation regarding the proposed site location stating there were six applications submitted to the State to build .and receive a license to operate a racetrack: One from the City of Portsmouth; one from the City of Virginia Beach; two from New Kent County; and one in Northern Virginia. Mr. Herbert stated successful racetracks in the past all have strong demographics, are located near interstates with access. to more rural settings and include a strong financial package. i_ Roy Cherry, Portsmouth's Deputy City Manager, spoke .regarding project financing .and stated the total project involves approximately $65,000,000 consisting of $15,000,000 to be .contributed by the City of Portsmouth, $15,000,000 of equity funding to be contributed from the Virginia Racing Associates (VRA) and $35,000,000 of bonds to be issued by the Sports Authority.of Hampton Roads. Mr. Cherry further stated-the City of Portsmouth will provide $15,000,000 for the Fairwood site to be acquired and prepared for the racetrack construction and the site will be given to the Sports Authority. of Hampton Roads. Mr. Cherry continued the source of s ~, 2 ~5 >~~f518 aoeK funding for the $15,000,000 will be tax revenues generated by the project and the annual debt service is approximately $1,300,000 per year. Mr, Cherry stated the Sports Authority has agreed to issue its bonds for $35,000,000 and the VRA. will provide $15,000,000 of equity funding. The Sports Authority of Hampton Roads will own the .facility and it will be leased to the VRA under a 30-year lease/purchase agreement and the terms of this agreement will call for VRA to receive title to the facility after 30 years when the debt is completely repaid. Mr. Cherry stated under the lease/purchase agreement VRA will pay annual rent sufficient to pay the principal and interest on the $35,000,000 of Sports Authority bonds which has. been estimated by Craigie, Inc. to be approximately $3,000,000. Mr. Cherry stated in addition. to the rent payments by VRA, $175,000 will be paid. by VRA to the Sports Authority for them to use in any way. Mr. Cherry stated the public .sector interest will be further secured by a recorded first lien on improvements to the racetrack property, as well as related off-track betting facilities and all of the six OTB locations in the State as well as liens on all other assets of the VRA. Mr. Cherry stated VRA's projections reflect that the debt service can be fully paid even if cash flows are far below the forecasted level. Mr. Cherry stated Craigie, Inc. has estimated that in today's market the interest rate on the Sports Authority bonds will be less than 7.5% and the bonds will be taxable subject to federal income taxes, .but exempt from State income taxes. Mr. Cherry stated the City of Portsmouth has committed to guarantee the $35,000,000 of Sports Authority bonds and, in exchange, the City of Portsmouth will be paid up to $1.4 million per year .for 35 years. Mr. Cherry stated for. the first five years of the racetrack these payments are. dependent upon the income level of the project, but after the first five years these payments are fixed at $1.4 million for the remaining 30 years. Mr. Cherry stated the VRA proposal provides an opportunity for all of the member jurisdictions in the Sports Authority to participate in this regional public .private partnership and to share in the substantial financial returns to be generated by the track and the satellite off-track betting facilities throughout the State. Mr. Cherry stated Isle of Wight County. constitutes 1.94% of the Hampton Roads population and based on the $35,000,000 proportionally distributed based on the population share, Isle of Wight County would be asked to back $678,325 of the Sports Authority's bonds. Mr. Cherry stated of the $1.4 million annual return for 35 years, Isle of Wight's proportional share would be $27,133 per year paid to the County bythe Sports Authority in return for the County's participation in backing their bonds. Mr. Cherry stated these figures are based on eight localities in Hampton Roads participating and Virginia Beach has advised that they do not intend to participate in this venture. Mr. Cherry stated based on the remaining jurisdictions in the Hampton Roads area under this scenario is $974,730 for Isle of Wight's share of the $35,000,000 of Sports Authority bonds for the County to bac)ti Mr. Cherry stated the annual return under- these circumstances for 35 years is $38,989. Supervisor Bradshaw asked Mr. Cherry what- he was basing his figures on for annual return. Mr. Cherry stated the annual return was negotiated to be a total of $1.4 million per year which is the amount that VRA will be contractually r 1 1 3 eo~e~ 15:~G~51~ D committed to pay to the Sports Authority as supplemental lease income and that this amount will be distributed to the participating localities. Mr. Cherry stated after the first five years the only way the VRA would not pay $1.4 million to the Sports Authority would be is if they default on their contractual obligations. Mr. Cherry stated during the first five years their contractual agreement is that 25% of the net profit before taxes would be paid as supplemental rent to the Sports Authority and after the first five years regardless of what their income level is they have promised to pay $1.4 million in supplemental rent in addition to the base rent of $3 million which will be used by the Sports Authority to pay the debt service on the $35 million in bonds issued.. Mr. Cherry stated the $1.4 million of lease amount paid by VRA to the Sports Authority will be paid to the participating jurisdictions that choose to back the share in whatever proportionate share that the jurisdictions decide to back. Supervisor Bradshaw asked Mr. Cherry if the City of Portsmouth would guarantee the annual return to the County. Mr. Cherry stated VRA is contractually guaranteeing that amount and if the venture fails and VRA is in default contractually then the amount would not be made and in this circumstance the localities would be called on to pay their proportionate share of the debt service. C! Supervisor Bradshaw stated repairs and remodeling may absorb the participating localities' annual share and asked Mr. Cherry if there would be language in the contractual agreement stipulating a guarantee that the various localities would receive their annual payment. Mr. Cherry stated the only way localities will not receive their annual payment is if VRA is in default of their contract with the Sports Authority. Mr. Cherry further stated the facility will be owned by the Sports Authority who can invite. VRA to leave. Supervisor Spady asked who builds the off-track betting parlors. Mr. Cherry stated the VRA's plan for the early years involves leasing facilities at six locations outside of Portsmouth. Chairman Edwards asked if the northern Virginia referendum affected the projected figures. Mr. Cherry stated the VRA still plans to construct six off-track betting parlors which will be in locations that do not include northern Virginia. Mr. Cherry stated had northern Virginia been available for off-track betting sites their projections would have been higher. 1 Supervisor Bradby asked the status of participation for Chesapeake,. Hampton and Newport News. Mr. Cherry stated the City of Chesapeake plans to include consideration at their December agenda and the other cities have not obligated specific dates for consideration at this time. Mr. Cherry stated a 4 _ e~ .. -- DQ4K ~5 ~AG!5~U presentation has been made to all of the localities at this time. Chairman Edwards asked Mr. Cherry to elaborate on why the City of Virginia Beach. has declined to participate on this venture. Mr. Cherry stated Virginia Beach has an interest in attempting to have a-racetrack located in Virginia Beach and only one applicant submitting an application. to the State will receive. a license. Chairman Edwards asked if some form of support from a local governing body would help the Portsmouth application. Mr. Cherry stated he believes any form of support from a local governing body would help the application. .Supervisor Bradshaw stated when the risk is eliminated for the localities after. 35 years. the annual payments are dropped. Supervisor Bradshaw stated he believes in sharing for the life of the facility. Mr. Cherry stated the return of $1.4 million per year in supplemental lease payments. is in return for the localities' backing the debt and as time goes on the risk is reduced as the outstanding bonds become smaller.. Mr. Cherry stated the maximum poten#ial liability for the County in the event of default is $83,000 per year for 30 years which would occur only if there was no residual value in the property and it could not be used for any use to raise revenue. Carey Camp, Virginia Racing Associates, stated the referendum loss in northern Virginia did hurt the VRA's returns although it was not so much that the VRA cannot go forward with this project. Ms. Camp emphasized it is an unlikely scenario that VRA will repair the racetrack before making its supplemental lease payments because this would place VRA in default of its contractual obligation. Ms. Camp further emphasized the County will not be called to pay for the bonds unless VRA defaults on the initial lease payment of $3 million. Ms. Camp .stated a strong backing from the region will benefit the Hampton Roads race sites and she would like to see the track located in Hampton Roads, specifically the Portsmouth site. Ms. Camp stated VRA is agreeing to pay a supplemental lease payment which is above :their obligations of the. bond and a guarantee fee for the various localities' added risk they are taking. Supervisor.. Spady asked Ms. Camp VRA's schedule. Ms. Camp. replied the racetrack is .proposed to be open Labor Day weekend of 1995 with a 50 day harness meet followed in 1996 as the first full race year which would be opened with a 35 day harness .meet in the Spring of the year, a 50 day thoroughbred meet in the Summer and finish with a 40 day harness meet. Ms. Camp stated this schedule will be increased until the VRA has 75 harness and 75 thoroughbred days with an increase to 225 days a year. Ms. Camp stated the law requires the VRA to get to at least 150 days in the first five years and the purse structures will include a thoroughbred purse of $225,000 to $240,000 a day. Ms. Camp .i. 1 5 1 eoo~ 15 ~~c~521 1 Supervisor Bradby asked Ms. Camp if a survey has been undertaken to determine the popularity of horse racing in the Hampton Roads area. Ms. Camp stated demographics illustrate 6,000 people per day for horse. racing events. Supervisor Spady asked when the Virginia Racing Commissioner will make the decision on the site for the racetrack. Ms. Camp stated a decision is expected in March of 1994, but the VRA would appreciate a favorable decision from the Board before the January 3, 1994. amendment deadline. Chairman Edwards requested the. Board keep in mind. the high unemployment rate in the County and stated if the track is located in Portsmouth. this will bring jobs into the County. At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda to hold the public hearings. The motion was unanimously (5-0) adopted. // Chairman Edwards called. for a public hearing on the following: ~, stated a purse structure is anticipated for the harness meets in an amount of $80,000 to $100,000 per day. Ms. Camp stated ,the .track is designed to service 6,000 people daily for thoroughbred meets and 3,000 daily for harness meets with a crowd capacity of 12,000 to 15,000 people. Ms. Camp stated additional parking can be accommodated and 80% of the income will come from off-track betting parlors which will be placed initially in existing jurisdictions. Supervisor Cofer moved the Board table the matter until the December 16, 1993 meeting. The motion was unanimously (5-0) adopted. // A. The application of Benns Church Properties to amend the operation plan of the "Jackson Borrow Pit", which is located off the wes# side of Benns Church Boulevard (Route 10/32), between Turner Drive (Route. 644) and Muddy Cross Road (Route 620) in Newport Magisterial District. The amended plan requests an increase in acreage to be excavated from thirty three and one half (33.5) acres to forty five (45) acres and also requests a two (2) year extension of the life of the permit. W. Douglas Caskey, Assistant County Administrator/Community "- Development, stated the Board was distributed in advance a chart illustrating the amount of area, specifically a northern and southern site, 6 ~. BOOw ~5 ~AG[~~2 currently excavated and the acres approved by the Board of Supervisors as amended in 1991, the operator's current estimate of the amount of disturbed area, a reading by the Division of Mines, Minerals and Energy and a reading by the ASCS office based upon aerial photos. Chairman Edwards called for persons to speak in favor of the application. Henry Morgan, Partner with Benns. Church Properties, stated the application is requesting three things: (1) relocate ten previously approved acres for mining. of the southern section to the northern section of the borrow. pit; °{2) to expand the mining area by 11.5. acres and, (3) to extend the life. of the permit from June 1996 to June 1998. Mr. Morgan stated. the Jackson borrow pit operates under a Conditional Use Permit issued by the Board in December of 1986 and amended in 1991 and allows them to excavate two lakes, one atwenty-five acre lake at the southern end of the borrow area and the second a 8.5 acre lake at the northern end of the property. Mr. Morgan stated 12.2 acres have been excavated to date at the southern section and 8.5 in the northern section. Mr. Morgan stated it is being requested that the Board allow them to expand the borrow permitted acreage in the northern section by 11..5 acres and the resulting lake would be 30 acres. Mr. Morgan stated these requests are being sought because the quality of deposit in the southern section is less desirable than that in the northern section and after conversations with a land planner it is his recommendation .that it would be a more aesthetically pleasing area than the previously planned lake. Mr. Morgan stated regarding their request for' the extension of the permit from June 1996 to June 1998,. this would allow continued operation and revenues to the County for five. years. Mr. Morgan stated since 1990, $30,914 has been paid to the County in personal property taxes; $39,325 in real estate taxes, $860 in County licenses; and $5,429 in business licenses. Mr. Morgan stated operations have been concluded in the Kenney pit and they are in .the process of completing the Turner Farm pit. Mr. Morgan stated mining and reclaiming of 40% of the Fendonchuck borrow pit will be accomplished during 1994. Chairman Edwards called far persons to speak in opposition to the application. Upon no one appearing in opposition to the application, Chairman Edwards called for comments from the Board. Supervisor Spady noted the applicants are requesting a 25 acre lake, but in order to accomplish this the applicants will have to excavate approximately 30 acres. Supervisor Spady questioned that when the Board originally issued a permit fora 25 acre borrow pit, did this mean they can excavate 35 acres to come up with a 25 acres lake or can. they excavate only 25 acres. County Attorney Crook stated only 25 acres can be excavated which is the excavation permit. Supervisor Spady noted that if this is the case, then they will only f 1 •I 7 .•. ao~,~ 15 ~~~~:~523 have a 15 acre lake if they stay within the guidelines. Mr, Morgan distributed a chart from the Division of Mines, Minerals and Energy illustrating what is disturbed and a map illustrating the excavation of the northern end showing less than seven acres disturbed. Mr. Morgan stated the Division of Mines, Minerals and Energy requires the posting of a bond for the road constructed back to the borrow area although the County does not include the road in the excavated area. Mr. Morgan stated the Division of Mines, Minerals and Energy's report should reflect the acreage mined is approximately 8.5 acres and that the additional two acres is that which is disturbed. by way of access road. County Attorney Crook stated according to the Division of Mines, Minerals and Energy, excavation has occurred on 12.2 acres on the southern site and 2.8 acres in roads and 8.5 acres has been disturbed with 2 acres in roads on the northern site. 1 Richard L. Turner, partner with Benns Church Properties, explained the map prepared by him was done with a 100 foot tape and is not intended to dispute anything by the Division of Mines, Minerals and Energy. Mr. Turner stated if no further excavations were performed the lake would consist of 6.91 acres and the total disturbed area would be 9.65 acres. Mr. Turner stated the County's previous policy did not consider the slopes in the lake because the slopes are land that will be sold for potential homes. Mr. Turner stated if the County wishes to change its specifications, the State takes an aerial photo which shows the entire area disturbed and this is what they consider to be part of the disturbed area, including the roads. Supervisor Spady asked the size of the Kenney pit lake. Mr. Turner replied approximately 17 acres on the front and two acres on the back which was approved by the Board. Mr. Turner stated if the slope is considered there are more acres than that disturbed and the State°s figures have been different all along because the slope is counted as disturbed area. Supervisor Spady stated excavations are taking place west of the access road and individuals living in the area are requesting that the excavations stay on the other side of the road. Mr. Turner stated he did not have a problem with this. ~~ County Attorney Crook stated whether the excavation site includes the slopes depends on what the ordinance and the plan of operation states which may vary from pit to pit. Mr. Crook stated normally the slopes would be included in the total acreage unless stated otherwise. Mr. Crook stated the Kenney pit is an exception because of the 9 to 1 slope which goes to the boundary lines of the property and was approved in that manner. Mr. Crook stated every acre to be disturbed is bonded because it is part of the property within the permit. Mr. Crook stated the ASCS estimates may be high if based on aerial photos but they show 14.5 acres on the northern 8 BonK 15 ~AttS~`t site and 19.9 acres on the southern site; however, the Division of Mines, Minerals and Energy reflects 10.5 and 15 acres disturbed. Mr. Crook stated the Board should be careful when approving these requests that there is not already more excavated than is permitted. Mr. Crook stated Mr. Turner wants to move 10 acres from the southern site to the northern site and based on his estimate. of 15 acres with a permit of 25 he is within this, but the ASCS estimate would indicate that it is 19.9 acresand if 10 acres are moved the permit would then be in violation. Mr. Turner stated the ASCS records indicate they are looking at cleared area and the back part of the property is cleared of trees where the topsoil-is stored. County Attorney Crook asked Mr. Turner if he planned to perform further excavation on the southern site. Mr. Turner. replied no other area would be cleared for excavation at this site. County Attorney Crook asked the date of expiration of the conditional use permit for the Jackson pit. Mr. Turner replied June of 1996. County Attorney Crook asked if Mr. Turner needed to extend the date on the southern pit. Mr. Turner stated except for the clay this pit should be finished this year. County Attorney Crook asked about the status of the fly ash operation which has been permitted until.June of 1996. Mr. Turner stated this is concurrent with the original permit. Mr. Turner stated approval has been received today from the State agencies to sell it. County Attorney Crook asked if this would be operated in conjunction ..with the other pit. Mr. Turner stated the northern pit is where the material is stored. County Attorney Crook stated extension of the fly ash. permit is not a part of this permit application. Mr. Turner stated he did net request that this be done but he would .hope that this be accomplished with the permit itself. County Attorney Crook asked if the fly ash was approved under a Special Use Permit or was it an amendment to the operation plan because if it was a Special Use Permit nothing can be done today and if it is an amendment to the operation plan then it could be extended along with the ~1 1 9 BOOK ~~ r~rfST life of the permit. Mr. Casket' stated it was a Special Use Permit. 1 Mr. Turner agreed stating if it is a Special Use. Permit then he would have to appear before the Board at a later time to seek an extension of it. Supervisor Spady stated based on no opposition presented to the request he would move the Board .approve the increase of acreage of excavation of the northern site to a total of 30 acres including the slopes and reduce the excavated acres on the southern site from 25 to 15 acres and also extend the life of the northern pit to 1998, stating this would be excavation area only including slopes, not lake area. The motion was unanimously (5- 0) adopted. B. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County, Virginia to Add Street Lighting Requirements. Chairman Edwards called for persons to appear in favor of or in opposition to the proposed ordinance. 1 Mike Carlson, Springfield Downs Subdivision, appeared in opposition and stated the absence of street lights are an attraction for incoming city residents into the County. Mr. Carlson stated the ordinance .provides for the developer or subdivider to provide for the initial installation and maintenance of the lighting for the first five. years, however, there is no provision in the ordinance as to what will happen after the first five years. Chairman Edwards closed the. public hearing and called for comments from the Board members. Supervisor Cofer stated after the first five years, the associated costs become a burden on all taxpayers of the County because the County would take over the streetlights. Supervisor Cofer stated the problem he has is that the developers will pay for the areas but if other people in the County who do not live in a subdivision desire street lights then the County has to pay for these. Supervisor Bradby stated streets with lights are safer than those without lights and he wanted to move in a direction to provide street lights where they are needed. 1 Chairman Edwards stated all. new subdivisions would require street lights under this ordinance. . County Attorney Crook stated the proposed ordinance was requested by the Board and the Planning Commission considered the matter. Mr. Crook stated the problem is that people are not concerned with street lighting until they begin having problems with burglaries. Mr. Crook stated the Board is considering a policy in conjunction with the proposed subdivision ordinance for the adoption of a policy as to what it will. take for 10 '~~ . eo~~ 15.RG~526 existing subdivisions to have street lights. Mr. Crook stated the matter was tabled until the subdivision ordinance could be considered by the Planning Commission and advertised for public hearing by the Board. Supervisor. Spady stated the proposed ordinance is not the correct way to consider the matter because the County is requesting installation of street lights in subdivisions whether or not they are wanted by homeowners. Supervisor Spady stated the County will be incurring an expense in five years whether street lights. are needed or not. Supervisor Spady stated if a request is received for street lights, whether or not it is located in a subdivision, then he believes they should install, pay for and maintain the street light for five years and then the County will take it over. County Attorney Crook stated what Supervisor Spady is saying is that the proposed subdivision ordinance be reworded to make it voluntary on the part of the developer to install street lights and the County will take them -over in five years and apply the same guidelines for existing subdivisions. Supervisor Spady stated he would not necessarily make. a distinction between subdivisions or more rural areas, rather for anyone who wants a light. Supervisor Bradby stated certain homes would receive the benefits of alight more than others and he -would therefore want the cost to be a responsibility of the developer and then the County would take it over. Supervisor Bradby further stated for existing subdivisions, the County should assume the responsibility of installing and maintaining the light. County Attorney Crook stated the problem with lights in subdivisions is that what generates the requests is that it becomes a high crime area and as you come into high crime areas they are the ones who can least afford to pay for the light. Mr. Crook stated as a result, the local government has some responsibility to take safety precautions and measures in high crime areas to cut down on the crime. Chairman Edwards asked the County Attorney if the Board should vote on the proposed ordinance separate from the policy or should they be considered together. County Attorney Crook stated they should be considered in conjunction with one another. Mr. Crook stated he has a problem with the proposed. ordinance in that the Board is going to require street lights in every subdivision and the County will incur a tremendous expense where they may not be needed. County Administrator Standish asked the Board how they want the policy to compare to the proposed ordinance. Mr. Standish stated the cost quoted to the Board regarding the installation of street lights via the power companies is based on existing poles. Mr. Standish stated if they exist, the power companies will install. lights at no cost as long as the County is responsible for the power usage bill which is approximately $110 annually J 1 11 eoo~ ~5 r.~:r527 per light; however, if there are no poles there is a $2,000 installation cost per light. Mr. Standish stated one way to address the matter is for existing poles only, otherwise the poles must be installed at someone's expense. Supervisor Spady moved the Board table the matter until the December 16, 1993 meeting at which time a comprehensive County policy can be considered. The motion was unanimously (5-0) adopted. 1 // Supervisor. Cofer moved the Board proceed with the regular order of the agenda. The motion was unanimously (5-0) adopted. At 8:01 p.m., Supervisor Cofer moved the Board take afive-minute recess. The motion was unanimously (5-0) adopted. // Chairman Edwards called for Citizens Comments. Bob Robertson, Isle of Wight Art League, requested the Board's moral support of the organization. Supervisor Bradshaw noted perhaps the County could provide a place for a period of .time to exhibit the art of the. League in the future. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated included in the agenda for the Board's consideration is a resolution accepting Johnson Circle into the State's Second System. 1 // Chairman Edwards called for Transportation Matters.. Supervisor Cofer moved the Board adopt the following resolution: ~, A Resolution Indemnifying The Commonwealth Of Virginia For A Period Of One Year From All Cost, Damage Or Expense Incurred In The Repair of Johnson Circle .Caused By Defective. Materials And/Or Workmanship WHEREAS, the street in Belmont. Terrace Subdivision has been constructed, and the Commonwealth, acting through the Department of Transportation, has accepted or is about to accept, for inclusion .into the State's Second System the street listed below: Johnson Circle WHEREAS, by resolution, the County of Isle of Wight guarantees surety in the amount of $3,750.00 to act as the performance bond for the aforementioned subdivision street. 1 12 .~- • .~. ~. ~5 ~~rc5~0 8n4K NOW, THEREFORE, the condition of this obligation is such that if the County of Isle of Wight shall indemnify and save harmless the Commonwealth of Virginia for a period of one (1) year, .from January 1, 1994 to December 31, 1994, for all cost, damage or expense incurred in the repair of said street and to persons and property lawfully on such street, directly caused by defective materials andlor workmanship in the construction of said street, then this obligation shall be void; otherwise, it shall remain in full force and effect. IN WITNESS WHEREOF, the said County of Isle of Wight has caused this resolution to be executed and its official seal affixed. the day and year as shown below. as adopted by the Isle of Wight County Board of Supervisors this 18th day. of November, 1993. The motion was unanimously (5-0) adopted. Mr. Neblett stated regarding the Jones Creek bridge design, the County should have received notification from the State Location Design Engineer whereby the Commonwealth Transportation Board. had approved the project with modifications. Mr. Neblett stated Alternative #1 was approved to locate the bridge to the south adjacent to the existing bridge which will .allow the exiting bridge to stay in .operation while the new bridge is being constructed. Mr. Neblett stated the modifications included increasing the minimum bridge clearance and revisions to the alignment of the east bridge approach to lessen the impact to property owners in the final design phase. Mr. Neblett stated, since the public hearing in June of 1993 and based on what was discussed at the public hearing, VDOT is pursuing increasing the bridge clearance to 12 feet at mean high tide in the design of the bridge in an effort to keep the cost to a minimum, yet provide adequate clearance and not adversely affect the adjacent property. Mr. Neblett stated when VDOT examined increasing the bridge clearance to 17 feet the adjacent property did begin to be adversely affected in that the entrance off. the road to the property would be rather steep. Mr. Neblett stated VDOT normally tries to keep the percentage of an entrance coming to a highway to 10% or less and increasing. the bridge clearance to 17 feet ' would be more than 10%. Mr. Neblett stated VDOT intends to examine the possibility of between 12 and 17 feet, but VDOT feels anything above 12 feet that the adjoining. property will be adversely affected. Mr. Neblett stated further that VDOT feels that by raising it from 8 feet to 12 feet this can. be accomplished at an approximate cost of $50,000 and .from 12 to 17 feet would be approximately of $130,000 above the cost to raise it to 12 feet. Mr. Neblett stated to raise the bridge to 17 feet would impact additional wetlands which would require approval from various agencies. Mr. Neblett stated VDOT feels that a 12 foot clearance will keep .costs to a minimum and not adversely affect the adjoining property. Supervisor Spady asked Mr. Neblett what will happen to the present roadbed once the new roadbed is built going to the. new bridge. Mr. Neblett stated this depends on what the environmental agencies tell VDOT. u 1 13 .: eoeK ~~J~r~~ 1 Supervisor Spady stated an entrance must be left for the Wooster's property and the angle could be stretched if VDOT would consider 14 feet. Mr. Neblett stated it was VDOT's reasoning to keep it at an acceptable angle of a 10% grade. Mr. Neblett advised VDOT will begin utilizing the metric system for new projects- put to bid, advertisements, and construction efforts in early 1996. Mr. Neblett stated this resulted from the ISTEA Bill and the Federal government. Mr. Neblett stated the project. on South Church Street is anticipated to be finished in December of 1993 and the project on Route 646 in Windsor should be finished on schedule. Chairman Edwards called for comments from the Board. Supervisor Bradshaw requested VDOT to clean the ditch and pipes on Stephenson Drive. Supervisor Bradby asked Mr. Neblett whose .responsibility it is to repair shoulders on hard surface roads in the County where school buses turn around. 1 Mr. Neblett stated the maintenance of turn around areas in the County for school buses becomes the responsibility of the property owner or the School Board because it is normally on private property. Chairman Edwards. requested VDOT to repair the hole in the road on Route 620 near the SPSA transfer station. Chairman Edwards further requested the ditch to be cleaned on the right hand side of Wrenns Mill Road. Supervisor Spady asked Mr. Neblett if VDOT reviewed the left turn lane on Route 10 in the Longview area. Mr. Neblett stated a safety project will need to be initiated. Supervisor Spady requested the status of Laurelwood Drive. Mr. Neblett stated the necessary turn around is almost complete. J. B. Whitmore requested the status of the pole in the .road near Rowland Equipment Company off North Church Street. Mr. Neblett stated there has been a pole at this location since 1955 and when the Route 10 bypass .was built, a service road was built in 1972 to serve a piece of landlocked property on the Delk farm. Mr. Neblett further stated it is unclear .why the pole was not removed at that time and now traffic has increased causing the pole to create a traffic hazard. Mr. Neblett stated in order for VDOT to bring the road to today's standards, the pole must be removed and he will again speak with VDOT representatives to 14 ea~~ 15 yar~53E1 review two alternatives. Mr. Whitmore advised since the last meeting a pickup truck has sideswiped the pole. Supervisor Cofer requested Mr. Neblett to copy him on any correspondence relative. to this issue. Grace Keen expressed her. concern over the lack of emergency exits on .crossovers on the James River- Bridge. Mr. Neblett stated VDOT has recently allocated $1.3 million to install TV cameras, lights and phones so that traffic can be watched and there is a project set up to address the installation of electronic message signs. // Chairman Edwards called for the Community Development report. W. Douglas Caskey,. Assistant County Administrator/Community Development,. presented the following for the Board's consideration: A. Application of Rollis I. Bailey, Jr., for a Conditional Use Permit to locate a mobile home to be occupied by his daughter, Susan Bailey, on 2.942 acres of land located. at 12462 Rocky Road off of Vellines .Lane (Route 712}, in Newport Magisterial District. Mr. Caskey stated the Planning Commission considered the application at their earlier meeting this month and no one appeared in opposition. Mr. Caskey stated the applicant represented that the mobile home unit would be located at the rear of his existing home and utilize its own septic tank and drainfield. Mr. Casket' stated the Planning Commission voted unanimously to recommend approval of the application to the Board. Supervisor Spady moved the Board approve the application of Rollis I. Bailey, jr. The motion was unanimously (5-0} adopted. B. Water Quality Impact Assessment (WQIA) for the Jones Creek Public Boat Ramp Facility in Newport Magisterial District Mr. Casket' stated the public boat ramp facility has been funded by a variety of grant sources .awarded to the County and is to be located on property fronting Jones Creek. Mr. Caskey stated the WQIA document is required under the County's Chesapeake Bay Preservation. Area Ordinance because the boat ramp involved with.this project is defined in the ordinance as a water dependent facility which should be submitted to the Board for consideration. of a WQIA requirement based on a recommendation by the Planning Commission. Mr. Caskey stated the Planning Commission has considered the WQIA and voted unanimously that the WQIA is consistent 15 r•. eaa~ ~~ i.tr;~531 1 with the requirements by the County's Chesapeake Bay Area Ordinance and • recommends to the Board approval of same. Supervisor Spady moved the Board approve the WQIA. The motion was unanimously (5-0) adopted. C. Preliminary subdivision plat. of Lot Nos. 20 - 25 of Cedar Grove, Owen Farm Road (Route 1903), Newport Magisterial District. Mr. Caskey stated the Board considered and approved a preliminary plat for lot numbers 26-33 at their October meeting. Mr. Caskey stated the developer is submitting to the Board for their consideration the same plat with designation of lot numbers 20-25 for preliminary plat approval. Mr. Caskey stated the developer is seeking favorable consideration of the preliminary plat for the lots that have been mentioned and he also is requesting the Board's consideration of the entire subdivision as it relates to the issue of vesting rights and the Chesapeake Bay Preservation Area Ordinance enforced by the County. Sonny Owen requested the Board grant preliminary plat approval for the entire subdivision. County Attorney Crook asked Mr. Caskey if the plat met the requirements of the ordinance. ~I Mr. Caskey stated regarding design requirements of the Subdivision Ordinance, the preliminary plat is in compliance; however, there are development regulations that have been passed since the time the plat first a appeared. County Attorney Crook stated the Planning Commission was ready to act on the entire subdivision, but only the area in green .was being requested and Mr. Owen was not present at that meeting. Mr. Owen indicated he would like to have the Board grant preliminary plat approval for the entire subdivision. Supervisor Spady moved the Board approve the preliminary plat of Cedar Grove with the .requirement that it comply with all ordinances including the Chesapeake Bay Preservation Area Ordinance to the maximum extent feasible.. The motion was unanimously (5-0) adopted. 1 Mr. Caskey stated the meeting between VDOT, Isle of Wight and Suffolk concerning the VDOT Storm Water Detention Agreement to develop some mutual understanding of the Agreement has been tentatively rescheduled to December 1, 1993 and. it is staff's recommendation that all local governments in the Suffolk District that may be affected by this Agreement be invited to attend as well as the representatives of the Virginia Association of .Counties. // 16 ... .. g~~x ~S:A~f532 Chairman Edwards called for the County Attorney's report. County Attorney Crook stated the Industrial Development Authority (IDA) held a public hearing on November 17,1993 and adopted a resolution for the proposed financing of .Union Camp Corporation's wastewater facilities project. Mr. Crook stated counsel for Union Camp is present for the Board's questions. John Woltman, counsel for Union Camp, stated last year Union Camp considered building a de-inking facility and, as a result, the IDA passed an inducement resolution. Mr. Woltman stated the IRS changed its regulations in September and Union Camp is presently trying to satisfy the Federal requirement that the Board also approve the project. County Attorney Crook read a resolution for consideration by the Board into the record and stated he does recommend the Board adopt same. Mr. Crook stated the IDA voted five votes in favor and none against the motion. to adopt the resolution with two members absent. Supervisor Spady moved the Board adopt the following resolution to include any documents necessary for authentication: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, the Industrial Development Authority of Isle of Wight County, Virginia (the "Authority") has considered the application. of Union Camp Corporation (the "Company")for the issuance of the Authority's solid waste disposal facility revenue bonds from time to time in one or more series in an amount not to exceed $100,000,000- (the "Bonds"), to assist the Company in financing the cost of acquiring, constructing and installing certain solid waste disposal facilities and functionally related and subordinate facilities (the "Project"), which consists primarily of a solid waste disposal facility for the processing of waste. paper and includes pulp processing equipment, waste paper collection and sorting facilities and other waste paper handling facilities, broke. handling and pulp storage facilities, converting and shipping facilities and other related or similar equipment and electrical and mechanical controls and functionally related and subordinate equipment; and, WHEREAS, .the Project will be located on land owned by the Company at 34420 Union Camp Drive in Isle of Wight County, Virginia, near the bleached paper plant of the Company near Franklin, Virginia; and, WHEREAS, the Authority has held a public hearing in respect of the Project on Novemberl7, 1993: WHEREAS, the Authority has recommended that the Board of Supervisors (the "Board") of Isle of Wight County, Virginia (the "County"), approve the issuance of the Bonds in order to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia 17 1 f r` ao~~ 15 t~~:=533 Code"); and, WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the- Board. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Board hereby approves the .issuance of the Bonds by the Authority for the benefit of the Company to the extent required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company. The Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the .interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. This resolution shall take effect immediately upon its adoption. ,1 II The motion was unanimously (5-0) adopted. County Attorney Crook stated Supervisor Bradshaw and. the County Treasurer recently inquired of him whether the County has the authority to provide a waiver of .penalty and interest and deferral of taxes for individuals in financial distress. Mr. Crook advised the County may adopt an ordinance for deferral of real estate taxes and the deferral program shall allow the person the option of deferring all or part of the real estate tax subject to interest computed at the rate established pursuant to Section 66- 21 of the Internal Revenue Code. Mr. Crook stated the accumulated amount of taxes deferred and interest shall be paid to the County by the owner upon sale or transfer of the property or from the estate of the descendent. Mr. Crook stated the Board could consider establishing criteria under which they will allow such a deferral. Supervisor Bradshaw noted that there are individuals who have been laid off from their jobs, as well as farmers suffering financial hardships due to the drought conditions this past year which would benefit from a deferral ordinance. Supervisor Spady inquired how many requests Supervisor Bradshaw has had. County Attorney Croolr, stated he did not believe citizens were aware that the County could do this because it has only been State law for two years. 18 ..~ '~ ~eaeK 15 r.r~53~ Chairman Edwards suggested having the County Attorney prepare a proposed ordinance for the Board's consideration. Supervisor Bradshaw moved the Board authorize the County Attorney to prepare a sample deferral tax ordinance. The motion was unanimously. (5-0) adopted. County Administrator Standish stated the Board annually executes an agreement with .the Health Department for their services in the County which begins July 1, 1993 and which has been forwarded to the County Attorney who has reviewed it and recommends his approval Supervisor Cofer moved the Board approve the following contract and authorize the County Administrator to sign the agreement: COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH STATEMENT OF AGREEMENT WITH the Board of Supervisors of Isle of Wight County, Virginia. Under this agreement, which is created in satisfaction of the requirements of R32.1-31 of the Code of Virginia (1950), as amended, the Virginia Department of Health, over the course of one .fiscal year, will pay an amount not to exceed $375,616, in accordance with appropriations by the General Assembly, and in like. timeframe, the Board of Supervisors will provide by appropriation a sum of $302,000. These joint funds will be distributed in timely installments, as services are rendered in the operation of the Isle of Wight County, Virginia Health Department, which shall perform public health services to the Commonwealth as indicted in Attachment A(1.), and will perform services required by local ordinances as indicated in Attachment A(2.). The term of this agreement is one year, beginning July 1, 1993. The parties agree that: 1. Under this agreement, as set forth in paragraphs A,B,C, and D below, the Commonwealth of Virginia and the Virginia Department of Health shall be responsible for providing liability insurance coverage and will provide legal defense for state employees of the local health department for acts or occurrences arising from performance of activities conducted pursuant to state statutes and regulations. A. The responsibility of the Commonwealth and the Virginia Department of Health to provide liability insurance coverage shall be limited to and governed by the Self-Insured General Liability Plan for the Commonwealth of Virginia, established under R2.1-52b.8 of the Code of Virginia. Such insurance coverage shall extend to the services specified in Attachments A(1.) and A(2.), unless the locality has opted to provide coverage for the employee under the. Public Officials Liability 1 1 19 en~K ~5 ~Rf;~SE~rr f. L 1 Self-Insurance Plan, established under R2.1-526.8:1 of the Code, or under a policy procured by the locality. B. The Commonwealth and the Virginia Department of Health will be responsible for providing legal defense for those acts or occurrences arising from the performance of those services listed in Attachment A(1.), conducted in the performance of this contract, as provided for under the Code of Virginia and as provided for under the terms and conditions of the Self-Insured General Liability Plan for the Commonwealth of Virginia. C. Services listed in Attachment A(2.), any services performed pursuant to a local ordinance, and any services authorized solely by Title 15.1 of the Code of Virginia, when performed by a state employee, are herewith expressly excepted from any requirements of legal defense or representation by the Attorney General or the Commonwealth. For purposes of assuring the eligibility of a state employee performing such services for liability coverage under the Self-Insured General Liability Plan of the Commonwealth of Virginia, the Attorney General has approved, pursuant to R2.1-121 of the Code of Virginia and the Self-Insured General Liability Plan of the Commonwealth of Virginia, the legal representation of said employee by the city or county attorney, and the Board of Supervisors hereby expressly agrees to provide the legal defense or representation at its sole expense in such cases by its local attorney. D. In no event shall the Commonwealth or the Virginia Department of Health be responsible for providing legal defense or insurance coverage for local government employees. 2. Title to equipment purchased with funds appropriated by the local government and transferred to the state, either as match for state dollars or as a purchase under ar~propriated funds expressly allocated to support the activities of the local health department will be retained by the Commonwealth and will be entered into the Virginia. Fixed Asset Accounting and Control System. Local appropriations for equipment to be locally owned and controlled should not be remitted to the Commonwealth, and the local government's procurement procedures shall apply in the purchase. The locality .assumes the responsibility to maintain the equipment and all records thereon. 3. Amendments to or modifications of this contract must be agreed to in writing and signed by both parties. The motion was unanimously (5-0} adopted. County Administrator Standish stated a request has been received relative to a real property tax exemption for Springdale Housing. 20 eoeN~ ~.~ rd~'~~S County Attorney Crook stated he did not believe it was in a form suitable for. consideration by the Board at this point. County Administrator Standish stated the County should respond to Springdale Housing if they choose to consider the request and the matter will be placed on the Board's December 16, 1993 agenda. County Attorney Crook stated for the Board's information .there has been a request by the Commissioner of Revenue for the Board to consider adopting an ordinance pursuant to State Code that would allow a personal property tax exemption for disabled veterans. County Attorney Crook stated he had one other matter for executive session later in the meeting concerning land acquisition. // Chairman Edwards called for the County Administrator's report. Supervisor Cofer moved the Board adopt the following resolution RESOLUTION OF INVITATION TO THE COUNTY OF ISLE OF WIGHT UNITED KINGDOM WHEREAS, the County of Isle of Wight, Virginia, originally known as Warrosquoyacke, was formed in the year 1634 as one of the eight original shires by the General Assembly of the Colony of Virginia; and, WHEREAS, the County. of Isle of Wight, Virginia will celebrate its 360th .anniversary on .September fifteenth through the eighteenth of 1994 in conjunction with its first annual County Fair; and, WHEREAS, this County of Isle of Wight, Virginia was settled by many citizens of Isle of Wight of the United Kingdom and it is the County of Isle of Wight, Virginia's intent to maintain and strengthen these bonds. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that it hereby exkends an invitation to those appropriate officials of the-County of Isle of Wight in the United Kingdom. of Great Britain to join the citizens of Isle of Wight, Virginia in a .special observance to promote the County's 360th anniversary and the rural traditions represented by a County Fair. BE IT FURTHER RESOLVED that copies of this resolution be formally entered into the minutes of the Board of Supervisors of November 18, 1993 and a copy be furnished to the Council of the County of Isle of Wight of the United Kingdom with the County's sincere invitation to attend and wishes for cozttinuing friendship and good will between the respective communities. 1 1 21 eo~K 15:,,;537 The motion was unanimously (5-0) adopted. County Administrator Standish stated the Board should authorize a letter in order for the Board to become eligible as an .Economic Development Administration redevelopment area. 1 Supervisor Edwards moved the, Board authorize the County Administrator to send a letter and do all things necessary to obtain designation and pursue grant(s). under the EDA program. The motion was unanimously (5-0) adopted. Chairman Edwards requested the County Administrator to copy Jan Faircloth in Congressman Sisisky's office on all correspondence on this matter. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FOUR HUNDRED FIFTY FIVE THOUSAND THREE HUNDRED SIXTY SEVEN 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 1 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 four hundred fifty five thousand three hundred. sixty .seven .dollars. ($455,367) need to be appropriated from the unappropriated. fund .balance to .the Industrial Development Authority 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 hundred fifty five thousand three hundred sixty seven dollars ($455,367) 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 motion was unanimously (5-0) adopted. f] Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVENTY SEVEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE 22 . L- r 80~K Z5 ~~r•'~3~. OF THE GENERAL FUND TO THE ISLE OF WIGHT INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE PURPOSE OF INFRASTRUCTURE ASSESSMENT AND SITE MAINTENANCE OF PROPERTY FOR AN INDUSTRIAL PARK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the development of property for an industrial park; and, WHEREAS, the funds in the amount of seventy. seven thousand. dollars .($77,000) need to be appropriated from the unappropriated fund balance to the Industrial Development Authority' 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 seventy seven thousand dollars ($77,000) from the unappropriated fund balance be appropriated to the Industrial Development Authority for infrastructure assessment and site maintenance 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 motion was unanimously (5-0) adopted. County Administrator Standish stated included in the agenda for the Board's consideration. is an amendment to the 1994 legislative priority list which would allow a locality to levy a severance tax on minerals .from. borrow pits.: County Attorney Crook warned the County should be careful in the wording regarding "valuable minerals" because there is a great deal of case aw over what constitutes minerals. County Administrator Standish stated all of the County's legislative items contain language that is recommended by staff and that it must first go through legislative services in the General Assembly for adjustment at that level. Supervisor Spady moved the Board include the severance tax on minerals in the .1993-94 legislative package. The motion was unanimously (5-0) adopted. County Administrator Standish stated included in the agenda for the Board's consideration is an amendment to the 1994 legislative priority list concerning State compensation for Constitutional officers. County Administrator Standish stated since the Board adopted its legislative package the State Compensation Board has proposed to balance their budget by eliminating State reimbursement for Constitutional officers' fringe benefits. 1 1 23 . •. eo~K 15 ~~~539 Supervisor Spady moved the Board include the reduced State compensation for constitutional officers in .the 1993-94 legislative package and that County staff be directed to send a letter to the County's legislative delegation expressing its strong opposition to the State's continuing decline of funding. The motion was unanimously (5-0) adopted. County Administrator Standish stated the County's current telephone system is now 12 years old and included in the agenda for the Board's consideration are three options in anticipation of what the Board may wish to put in their. next fiscal year budget. 1 Supervisor Cofer moved the Board authorize staff to prepare and send out a RFP for a telephone system at the Courthouse complex. The motion was unanimously (5-0) adopted. County Administrator Standish stated the State is requiring a $3,000 fee for dredging of the Pagan River and the. Town of Smithfield is paying half of the fee and requesting the County to pay the other half. Supervisor Spady moved the Board appropriate $1,500 from the contingency fund to pay for one-half of the dredging. The .motion was unanimously (5-0) adopted. Supervisor Spady further moved the Board authorize County staff to write the COE and request them to consider some type of maintenance for Jones Creek. The motion. was unanimously {5-0} adopted. County Administrator Standish stated the landfill closure is under contract and included in the agenda is a change order which does not increase the cost but does add eighteen additional days. 1 County Attorney Crook stated there is a penalty clause for every day that exceeds the contract date. Mr. Crook stated the County is giving up money by approving the change order. County Administrator Standish stated things were discovered during excavation that were handled without any increase in cost although it did add two additional weeks to the project schedule. Supervisor Spady moved the Board approve change order #1. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRIATE THREE THOUSAND FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE CAPITAL BUDGET WHEREAS, the Board of Supervisors. of the County of Isle of Wight, Virginia has approved the purchase of a vehicle for the Recreational Facilities Authority; and, 24 -~ I i t I 6 e~oo~ 15 ~~~5~0 WHEREAS, the funds in the amount of three thousand five hundred dollars ($3,500) need to be appropriated from the. unappropriated fund balance to the capital budget 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 three thousand five hundred dollars ($3,500) from the unappropriated fund balance be appropriated to the capital budget 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 Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FORTY FIVE THOUSAND FIVE- HUNDRED FIFTY SIX DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER 2 PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia has received a grant for the Chapter 2 Program; and, WHEREAS, the funds in the .amount of forty five thousand five hundred fifty six dollars ($45,556) need to be appropriated to the School grant fund in the 1993-94 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 forty five thousand five hundred fifty six dollars ($45,556) be appropriated to line item Chapter 2 Program in the 1993-94 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant 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: RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED TWENTY EIGHT THOUSAND AND TWENTY THREE DOLLARS FROM THE FEDERAL GOVE~NT FOR THE CHAPTER I PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia 25 ~I 11 rr rt eoeK 15 ~.rj:~~41 1 has received a grant for the Chapter I Program; and, •. WHEREAS, the funds in the amount of five hundred twenty eight thousand and twenty three dollars ($528,023) need to be appropriated to the School grant fund in the 1993-94 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 twenty eight thousand and twenty three dollars ($528,023) be appropriated to line item Chapter I Program in the 1993-94 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County. Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant 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 ACCEPT AND APPROPRIATE TWO THOUSAND FIVE HUNDRED SIXTY-TWO DOLLARS FROM THE FEDERAL GOVE?~NMENT FOR THE CHAPTER T PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a carryover grant for the Chapter I Program; and, WHEREAS, the funds in the amount of two thousand five hundred sixty-.two dollars ($2,562) need to be appropriated to the School grant fund in the 1993-94 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 two thousand five hundred sixty-two dollars ($2,562) be appropriated to line item Chapter I Program in the 1993-94 budget of the County of Isle of Wight, Virginia.. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion was unanimously. (5-0) adopted. 1 Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THIRTY EIGHT THOUSAND FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE 26 .. .~ saeK 15 ~~~~5~ry~;:.~ . GENERAL FUND FOR PROFESSIONAL SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for the .establishment of impact fees/proffers; .and, WHEREAS, the funds in the amount of thirty eight thousand five hundred dollars ($38,500) need to be appropriated from the unappropriated fund balance to .the impact fees/proffer study 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 thirty eight thousand five hundred dollars ($38,500) from the unappropriated fund balance be appropriated to the impact fees/proffer study 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 Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FOUR HUNDRED DOLLARS ($400) FROM THE HISTORIC ST. LUKES ASSOCIATION FOR ROADWAY BEAUTIFICATION WHEREAS, the. Board of Supervisors of the County of Isle of Wight, Virginia received a donation for roadway beautification; and, WHEREAS, funds in the amount of four hundred dollars ($400) are needed to be appropriated to .the Roadway beautification 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 four hundred dollars ($400) be appropriated to line item 11-9108E-3009A, Roadway Beautification, 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 .program 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 and 27 1 1 J aoo~ ~5 ~~cr543 : direct the County Administrator to write the Chamber of Commerce advising this is the total amount the County-will fund towards this effort: 1 RESOLUTION TO APPROPRIATE SEVEN THOUSAND FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR TELEPHONE SYSTEM IMPROVEMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures relative to extended area calling/telephone system improvements; and, WHEREAS, the funds in the amount of seven thousand five hundred dollars ($7,500) need to be appropriated from the unappropriated fund balance to the Telephone System Improvements 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 five hundred dollars ($7,500) from the unappropriated fund balance be appropriated to the Telephone System Improvements 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 included in the agenda is a request for authorization to review benefits that can be provided to County employees via the Section 125 Plan. Mr. Standish stated the IRS allows the County to expand the pre-tax deductions category of its Plan to include medical reimbursement funds and dependent daycare expenses, Chairman .Edwards moved the Board authorize the County Administrator to investigate the benefits that can be provided to County employees by the Section 125 Plan. The motion .was unanimously (5-0) adopted. County Administrator Standish stated included in the agenda is a status report of the- expenses- and cash balance of the County's health benefits plan as of the end of February 1993. 1 County Administrator Standish noted $8,773.21 was collected by the delinquent tax attorney at a cost to the County of $3,044.26 which represents a cost of 34% of the amount collected. County Attorney Crook stated there is a statute that says the Board may require a bond for the delinquent tax attorney who was asking if the Board was going to require the bond. Mr. Crook stated this is not 28 i '1 eo~K~ 15.~~,~54 necessary and there is no reason for the County to require a bond of the attorney and he would recommend to the Board that they assure. him that the Board would not require a bond. Supervisor Cofer moved the Board authorize the County Attorney to advise the delinquent tax attorney that the County will not require the bond. The motion was unanimously (5-0) adopted. County Administrator Standish stated an application should be submitted. to .the United States copyright office relative to Helen Haverty King's Historical -Notes on Isle of Wight County. and the Board should authorize .the Chairman to sign the appropriate Federal forms. Supervisor Spady moved the Board authorize the Chairman to sign the appropriate Federal forms. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Magistrates office has been advised by the Supreme Court of Virginia that the State will fund approximately one half of a data processing system which is located in the Smithfield Police Department at a total cost of approximately $2,700 and the locality has been asked to fund $1,200. Supervisor Cofer moved the Board authorize the County Administrator to proceed with working with the State and the Magistrates regarding data processing equipment and furniture for their office and .bring the matter back to the Board for appropriation of funds. The motion was unanimously (5-0) adopted. County Administrator Standish stated County funds were not utilized during the Parade of Homes for water taxies and the Isle of Wight Tourism Bureau has written the County asking if they would like a refund. Mr. Standish stated that, if the Board concurred, he would inform the appropriate individuals that the County does not desire a refund. County Administrator Standish stated the County's audit is complete and being circulated for review and the Board will receive a presentation from the auditors at their December 16, 1993 meeting. County Administrator Standish stated annually the County has an auction of surplus vehicles and equipment and this year an additional $16,500 was'received and he would request the Board's permission to take a portion of that revenue for appropriation of the acquisition of a pickup truck for the Public Works Department. Mr. Standish stated he would suggest $10,000 to $12,000 be allocated towards the acquisition of a heavy- duty pickup truck. Supervisor Spady asked what is being used to pull the trailer. County Administrator Standish stated the County currently has two full size pickup trucks that are equipped with 6 cylinder engines. .Supervisor Bradshaw expressed his concern stating he had earlier 1 ~I 29 80~M ~.~ rll:!~t~ 1 requested the County Administrator to meet with the Public Works Director . regarding the Director's request for a new truck which did not occur and suggested some of the Board members discuss the needs of the Public Works Department with the Public Works Director regarding the truck request. Supervisor Bradshaw moved the Board direct. Supervisor Spady to review Public Works vehicle needs and to bring back a recommendation to the County Administrator's office. The motion was unanimously (5-0) adopted. // Chairman Edwards called for Old Business. A. RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND SIX HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CHESAPEAKE BAY LOCAL ASSISTANCE.-BOARD Supervisor Cofer stated that although this resolution will provide funds to the County to buy a computer to monitor septic tanks under the Chesapeake Bay Preservation Area Ordinance, the Health Department already has all septic tanks numbered because individuals must get permits. 1 The previous motion of Supervisor Bradby to .adopt the following resolution was defeated (3-2) with Supervisor Bradby and Chairman Edwards voting in favor of the motion and Supervisors Spady, Bradshaw and Cofer voting against the motion: t. RESOLUTION TO ACCEPT AND APPROPRIATE i TWO THOUSAND SIX HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CHESAPEAKE BAY LOCAL ASSISTANCE BOARD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a grant from the Commonwealth of Virginia, Department of Chesapeake Bay Local Assistance Board for the septic system records database; and, ~, f] ~. WHEREAS, the funds in the amount of two thousand ix hundred dollars ($2,600) from the Commonwealth of Virginia, Department of Chesapeake Bay Local Assistance Board needs to be appropriated to the septic system records line item in the 1993-94 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 two thousand six hundred dollars ($2,600) to be received from the Commonwealth of Virginia, Department of Chesapeake. Bay Local Assistance Board be appropriated in the 1993-94 budget of the County of 30 BaoK 15 ~~~r~J'~~ Isle of Wight, Virginia.. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate. accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. Supervisor Edwards recommended County staff write the Department of Chesapeake Bay Local Assistance Department explaining why this was rejected and the County's. opposition of required local funding of automatic five-year pump out of septic tanks. with copies of such correspondence to the legislative delegation. 1 County .Administrator Standish stated the Board may wish to direct that discussion take place with the Health Department that beginning next fiscal year they. assume this responsibility. Chairman Edwards moved that the Board authorize County staff to discuss with the Health Department that they assume the responsibility of tracking septic tank pump outs. The motion passed (4-1) with Chairman Edwards and Supervisors Cofer, Bradby and Bradshaw voting in favor of the motion and Supervisor Spady voting against the motion. B. Spirit of Smithfield Contribution County Administrator Standish .stated his recommendation is to authorize a transfer not to exceed $2,000 from the Count}~s contingency line item to make a contribution to the Spirit of Smithfield Christmas program. Supervisor Cofer moved the Board authorize an amount only needed to cover any shortfall from the Spirit of Smithfield and the Town of Smithfield's contribution not. to exceed $2,000 as a one-time contribution. The motion was unanimously (5-0) adopted. // Chairman Edwards called for Appointments. Supervisor Cofer moved the Board reappoint Hazel Clemons representing the Smithfield District for. afour-year term on the Social Services Board. The motion was unanimously (5-0) adopted. // Chairman Edwards called for approval of the September 16,1993 and October 21, 1993 minutes. Upon recommendation of County Attorney. Crook, Supervisor Bradby moved the Board adopt the September 16, 1993 and October 21, 1993 minutes.. The motion passed (40) with Supervisor Cofer abstaining. // ~I 31 .; aa~K 15 y~~5~7 1 County Attorney Crook requested an executive session pursuant to Section 2.1-344 A3 of the Freedom of Information Act concerning acquisition of property for public purposes and 2.1-344 Al of` the Act for interview of data processing consultant services applicants. At 10:35 p.m., Supervisor Cofer moved the Board go into executive session for -the reasons stated by the County Attorney. The motion was unanimously (5-0) adopted. Chairman Edwards left the meeting at 11:30 p.m. and did not return. Upon returning to open session at 11:45 p.m., Supervisor Spady 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 apen 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: 4 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 0 The motion passed (4-0) of those members present. 1 Supervisor Cofer moved the Board authorize the County Attorney to . purchase the real estate as discussed in executive .session. The motion passed (4-0). Supervisor Spady moved the .Board authorize the County Administrator and County Attorney to begin fee negotiations with The McClain Group for data consulting services. The motion passed (4-0). 32 • ..~ aoe~ 15 -~r~5~$ County Attorney Crook requested an executive .session pursuant to Section 2.1-344 A7 of the Freedom of Information Act for consultation and advice of counsel and staff concerning- potential litigation. At 11:47-p.m., Supervisor Bradby moved the Board go into executive session for the reason stated by the County Attorney. The motion passed (4-0). At 11:59 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: 4 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion passed (4-0). Supervisor Cofer moved regarding the matter discussed in executive session the Board direct the County Attorney to file the suit papers if the bond is not posted by December 3Q, 1993 by the developer and that the sure y be in the .form of cash. The motion passed (4-0). 33 ~' J 75 •~ • • • eoo~ 15 ~-eo•54~ , At 12:00 p.m., Supervisor Cofer moved the Board adjourn. .The • motion passed (4-0). ~ ' ~~~~~d • Steve W. Edwards, chairman ~ , Myles . Standishh, Clerk ~' j ,t t i i l ~~ t • +' '~ ~4 • -- ,~ ~ j ~ j • • i .