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08-18-1994 Regular Meeting~~ i~ l 1 .. BODK 16 PAGE. .REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF AUGUST IN THE - YEAR NINETEEN HUNDRED NINETY FOUR ' PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw J. R. Hager 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 Spady called the meeting to order. at 6:09 p.m. The invocation was delivered by Supervisor Cofer. ,r // Chairman Spady called for Special Presentations. Steve W. Edwards, forirer Board member, was asked to approach the podium and Chairman Spady read .the following resolution into the record: RESOLUTION WHEREAS, Steve W. Edwards has by letter dated July 5,...1994. tendered his resignation as a member of the Isle of Wight County Board of Supervisors; and, WHEREAS, Steve W. Edwards has served as a member of the Board of Supervisors representing the Windsor District from December 21, 1987 until July 3, .1994; and, WHEREAS, Steve W. Edwards in his capacity as a member of the Board of Supervisors has worked diligently and faithfully on behalf of the } citizens of the. Windsor District and k11e County to promote local government for the betterment of its residents during his. term of office; and; WHEREAS, the members of the Board of Supervisors of the County of Isle of Wight are grateful for the services rendered by Steve W. Edwards and it is their desire to formally express their gratitude and .appreciation for his companionship and service to the Board of Supervisors and. to the citizens of the County. W THEREFORE BE IT AND IT IS HEREBY RESOLVED by the NO -Board of Supervisors of the County of Isle of Wight that it hereby 1 f a r ~ BODK 1VPA~E 2 ,, rec©gnizes Steve W. Edwards for the services rendered by him to the. County in his capacity as a member of the Board of Supervisors. BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the .minutes of the. Board as a matter of public record and that a copy . be forwarded to Steve W. Edwards. Supervisor Bradshaw moved the Board adopt .the resolution. The motion was unanimously adopted (5-0). // Chairman Spady called for Citizens Comments. Steven .Merrill stating he represents the newly formesubmitted ltgwo Defense League, stated Carroll Foods of Waverly has applications to the State Water Control Board, one of which has been approved, for hog farming facilities in the County. Mr. Merrill further stated the first two facilities are proposed to be located in the historic areas of the County, one near .the. Courthouse and the. other at Benns Church. Mr. Merrill stated other rural localities in Virginia require a Conditional LJse Permit; however, the County's current Zoning Ordinance does not address regulations. on these facilities. Mr. Merrill requested the Board to take immediate action to restrict these facilities in the County. Mayor Robert C. Claud, Town of Windsor, stated at a special meeting of the Windsor Town Council on Monday, August 15, 1994, it was unanimously voted to request the Board of Supervisors to become involved in the actions of the Windsor Volunteer Rescue Squad. Mayor Claud stated on August. 10, 1994, the Squad voted (8-7) to purchase a 1994 Ford rescue unit out of state for $59,993 instead of purchasing locally a 1995 Ford unit for $58,875. Mayor Claud stated .this action occurred after the County and the Town governing bodies had recommended purchasing of the unit locally. Mayor Claud expressed concern that if some type of .action is not taken,. emergency services in the Windsor area may be adversely affected. Grace Keen, Benns Church Boulevard, appeared in opposition to the . proposed hog farming facilities in the County and requested a public hearing to be held before approval of the proposed facilities. R. L. Walker of Central Hill expressed concern over a hog farming facility near his home, as well as the facilities being proposed. Marvin Pulley, adjacent property owner to the proposed hog farming .facility near the Courthouse, requested regulations be set for these types of facilities. in the County.. Fleta Bagg, part-owner of the Isle of Wight. County industrial park, expressed opposition to the location of a hog farming facility which is t proposed to be located in the Highway Corridor Overlay District and near the privately owned industrial park. ~ 2 i~ 1 enoK lfieacE 3 Don Fleming requested the Board restrick .hog farming facilities in the County.. Bob Goode, Windsor Volunteer Rescue Squad, stated patient care has not been. jeopardized during the past three months over :the .difference in feelings of purchasing an ambulance locally or out of state. Ivlr. Goode stated a delivery date was promised on the 1994 unit and that the local ambulance was not sanctioned by the state, it did not have the backing of . Ford Motor Company and if did not meet the requirements for KICK inspection standards. Supervisor Cofer asked Mr. Caskey if the revised Zoning and Subdivisions Ordinances, being: considered by the Planning Commission, addresses hog farming facilities. Mr. Caskey stated the new draft Zoning Ordinance addresses and recognizes these facilities as a specific use, .however, they are nok restricted by a Conditional Use Permit. Mr. Caskey further stated these facilities are permitted in the Rural Agricultural Conservation District, as drafted, with certain separation requirements specified. Supervisor Cofer urged staff to expedite sending the draft to the County Attorney so that the matter can be sent. to the Board for their consideration. , Supervisor Bradshaw suggested the Board may .wish to direct County staff to meet with the Isle of Wight Defense League to address what can be done to help them. County Attorney Crook suggested the Baard could have a specific amendment to the Zoning Ordinance fore consideration by .the Planning Commission dealing with intensive livestock operations and .have :the Planning Commission present. this ko the Board- for their consideration. Chairman Spady moved the Board request the County. Attorney to prepare an amendment to the Zoning Ordinance for consideration by the Planning Commission and that it be brought back t© the Board with the Planning Commission's recommendation for their .consideration. The 1 motion was adopted unanimously (5-0). Chairman Spady advised the citizens gathered that the Board would take action later in the meeting concerning khe Windsor Volunteer Rescue Squad after the Board has had time to confer with the County Attorney on the matter. , // Chairman Spady called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following for. the Board`s consideration:.. 3 B00lf 16PAGE A.. Application for a .permit to hold a raffle submitted by the Windsor School Athletic Boosters Club Mr. Caskey stated this proposal is for none-time event scheduled for September 9, 1994. The County Code does regulate such events and the application has been reviewed by the Sheriffs Office and the Director of Budget & Finance and has been forwarded to the Superintendent of Schools with no adverse comments received, stated Mr. Caskey. t Supervisor Bradshaw moved the Board approve the application of the Windsor School Athletic Boosters Club. .The motion was. adopted unanimously (5-0). . B. Application for a Conditional Use Permit by Robert E. Williams to locate a mobile home on .97 acres of land at 22278 .Yellow Rock Lane to be occupied by his son, Shaun E. Williams and immediate family, in Newport Magisterial District. Mr. Caskey stated upon the applicant. seeking to obtain permits to replace the existing mobile home it was determined that there was no record of an initial Conditional Use Permit being issued for the mobile home or having been issued for the use of the applicant. Mr. Caskey stated at the Planning Commission's meeting there was no opposition presented to the. application. and it was represented by the applicant that the mobile home will be occupied by his son and immediate family. Mr. Caskey continued the applicant further represented that he was unaware that the existing trailer was unpermitted at the time that he purchased the property several years ago. Mr. Caskey stated the Planning Commission voted unanimously to .recommend approval of the application to the Board.. A letter received from Larry D. Franklin, dated August 17, 1994, in opposition to the. proposed application was distributed to the Board. Robert E. Williams, Brewers Creek Road in Carrollton, appeared stating he made the application and that he was unaware at the time of .purchase of the property that the trailer was not permitted. Mr. Williams stated the trailer was initially purchased for the use of his son who now finds himself in need of a larger trailer. Mr. Williams stated a new trailer has been`purchased that cannot be placed on the lot due to his inability to obtain permission from the County to do so. Mr. Williams stated the .sewage disposal system has been upgraded and appears to be functioning properly. Judy Cutler, adjoining property owner, appeared stating she was in favor of the application. Carl F. Hill, Yellow Rock Lane,. requested the Board to place conditions on the application specifically to address a time limit that the trailer can be left on the property, if the lot size is adequate for the placement of the trailer, and how many families can live in the trailer. Chairman Spady moved the Board refer the matter to the Planning Commission to consider specific conditions for .recommendation to the 4 ,;. Bt10K 1,~PACE ~ 5 1 1 1 Board. The motion was adopked unanimously (5-0). C. Request of Newpork Investments for ~an exemption from. a requirement of the Isle of Wight County Highway Corridor District .with regard to the proposed construction of a mini- storage facility on property located off of the west side of Carrollton Boulevard (Route 17) near the intersection of Carrollton Boulevard and Brewer's Neck. Boulevard (Route. 258/32) in Newport Magisterial District. Mr. Caskey suggested the Board defer consideration .until after the public hearing on a zoning request for the same property. . D. Request of Floyd M. Martin, Jr., owner, and George L. Anderton, lessee, for an exemption from a requirement of the Isle of Wight county Highway Corridor District with regard to .the proposed outdoor flea market operation located on the north side of Windsor Boulevard (Route 460) between Courthouse Highway (Route 258) and Stave Mill Road (Route 646) in Windsor. Magisterial District. Mr. Caskey stated Messrs. Martin and Anderton have requested that the rezoning request be withdrawn. Chairman Spady stated he has a possible conflict of interest regarding the Gatling South application as a stockholder of Old Towne Corporation which is involved in Galling Pointe -South and stepped dawn turning the i chair over to Vice Chairman Cofer. E. Preliminary subdivision plat of Galling Pointe South -Phase IC, Baktery Park Road (Route 704) in Newport Magisterial District.. Mr. Caskey stated the County's Subdivision Ordinance specifies that the maximum. length of cul-de-sac streets shall generally be no longer than 400 feet and the street in question is approximately 1,200 feet in length. Mr. Caskey stated the Planning Commission-voted unanimously to recommend approval of t11e preliminary plat to the Board subject to the . recommendations provided by staff, included In the Board's agenda, and that an exemption be granted for the maximum .length of cul-de-sac street. as required in Section 4-4-1-6 of the County's Subdivision Ordinance. Supervisor Cofer, acting :Chairman,- called #or comments from -the Board. Supervisor Bradshaw moved the Board approve the preliminary plat, subject to the recommendations provided by staff, and .that an exemption be granted from the maximum length of cul-de-sac streets as required by Section 4-4-1-6 of the Subdivision Ordinance. The motion passed (4-0) with Chairman Spady abstaining from discussing and voting on the matter. F. A request to extend preliminary subdivision. plat approval for (~nraar C':rnvo SitihrjiviSinn. Owen Farm Road (ROUte 1903), BnOK 16 PACE .Newport Magisterial District. Mr. Caskey stated in October and November of 1993 the Board 4 approved preliminary subdivision plats for all lots in the proposed Cedar Grove residential development. Mr. Caskey stated the County's Subdivision .Ordinance stipulates that once preliminary plat approval is granted by the ~ . Board the developer must submit a final subdivision plat on the property to the County's subdivision agent within six months of that preliminary plat .- l .date.. Mr, Caskey stated the Department of Community Development was notified by the subdivider that he would need an extension of time which . was subsequently granted for ninety- days. Mr. Caskey stated the subdivider. is now requesting. an additional extension of time for submittal of the final plat and that the developer, W. B. Owen, be permitted to proceed immediately with subdividing an initial. phase of the subdivision and to serve that phase with a private water supply system that would not fall under the regulations of the Department of Health. W. B. Owen, Carrollton, requested the Board's approval of the first 14 lots of the proposed subdivision. Mr. Owen. stated he was delayed in .presenting the final plat because of an inability to get an approved water system. Mr. Owen continued the Public Service Authority discussed the possible purchase of systems close by which would be a logical source of water for this subdivision and he is asking the Board to allow him to continue with the first phase of the subdivision to be served by the existing water system on a temporary basis. Mr. Owen stated at such time as an approved water supply is available, .then that water supply would be extended to serve these 14 lots with the exception of the end of the cul-de- sac area where most of the lots are family owned. Mr. Owen stated if the plat for phase 2 is approved by the Board, it will be recorded with the condition stated .that no lots. will be sold until such time as an approved water supply is available. County Attorney Crook stated normally the Board does not approve a subdivision by sections without a central water system to serve all of the .sections, however,. Mr. Owen is asking the Board to approve the first 14 lots with the requirement that they will hook onto the central water system for the entire subdivision when it is installed. Mr. Owen stated he is also asking that an exception be made to those lots surrounding the cul-de-sac, of which half are family owned. Mr. Owen stated at least eight lots would. be connected to the central water supply. Mr. Owen stated, in addition, he is requesting the Board to approve phase 2 so that they can be recorded and that it would be noted on the plat that no lots can be sold until the central water system is in place. Supervisor Bradby moved the Board approve the final plat .for the 14 lots in Section 1 with the. requirement that they will hook onto the central water system for the entire subdivision when it is available (with the family member lots not-being subject to that condition) and approve the final plat for Section 2 to allow recordation with the understanding that. it would be noted on the plat that no lots will be sold until an approved 5 Otral water system. is provided. The motion was adopted unanimously ( ) ~` 6 i _~_ .... ____ . _.._.__ c 'g(10i( ~VPACE I~ i , G. Eastern Virginia Airport System Plan: Richmond Regional and .thee Mr. Caskey stated the Hampton Roads, Crater Planning District Commissions are jointly involved in the preparation of a regional airport plan .for Eastern Virginia. Mr. Caskey stated a study is intended to analyze service demand levels and opportunities for airport hub .and international travel expansion through the year 2030. Mr. Caskey staked that while no specific locations have been identified, the study has made general comparisons of areas to determine potential impacts and requirements for infrastructure. Mr. Caskey stated the study is approximately 80% complete and the next phasewill begin a site specific analysis. Mr. Caskey stated staff will keep the Board informed as information is provided on the matter. Mr. Caskey stated a public hearing was held by VDOT, in June. on the Route 260 connector project and the transcripts of same have been forwarded to the County. Mr. Caskey stated there were 23 citizens in attendance,: five individuals spoke, four of .which spoke in favor of the alignment of .the proposed Route 260 project and the other speaker suggested a change in the alignmenk to follow Koute b16. Mr. Caskey stated Al Nash, .District Engineer, has informed VDOT in Richmond that since there were no adverse comments received, VDOT recommends the project be submitted. to the Commonwealth Transportation Board for approval as presented at the public hearing. Mr. Caskey stated he would have a report for the Board regarding the project schedule at the Board's September Z0, 1994 meeting. 4 .t Chairman Spady called for a public hearing on the following: A. Amendment of Articles of Incorporation of the Sports Authority of Hampton Roads, Virginia ~. County Attorney Crook staked the Hampton .Roads Sports. Authority, which was initially created. for one project, is requesting an amendment by • the local. participating jurisdictions of the Articles of Incorporation to include more than one project. Chairman Spady called for citizens to speak in favor of or in opposition to-.the proposed amendment. Upon no one appearing, Chairman Spady- called for comments from t the Board. Supervisor Cofer moved the Board adopt the following: resolution: RESOLUTION OF THE. BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA ...AMENDING THE ARTICLES OF INCORPORATION OF THE SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA 7 .~ .f . .'+ Q BOOfI 16 PAGE 8 WHEREAS, by concurring resolutions adopted by the Councils of the Cities of Hampton, Newport News, Portsmouth, Norfolk, Virginia .Beach, Chesapeake, and Suffolk, Virginia; and the Board Hof Supervisors of Isle of -Wight County, Virginia (collectively the Participating Political Subdivisions"), The Sports Authority of Hampton Roads, Virginia (the "Authority") was created pursuant to the Public Recreational Facilities . Authorities Act, Chapter 29, Title 15.1-1271, et seq. (the "Act"); and, WHEREAS, the Participating Political Subdivisions desire, by adoption of concurring resolutions, to Amend the Articles of Incorporation of the Authority to reflect. the current principal office of the Authority and to . modify the purposes of the Authority to include. undertaking multiple projects as hereinafter setforth;. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Paragraph 1 of the Articles of Incorporation of the Authority is hereby amended to read as follows: "1. The name of the. authority is THE SPORTS ` AUTHORITY OF HANII'TON ROADS, VIRGINIA,. and the address of its principal office is The Regional Building, 723 Woodlake Drive, Chesapeake,. Virginia 23320, or such other place as the Commissioners of the Authority shall establish, from . time to time,. by written notice to each member of the: Commission and to the Clerk of the governing body of each Participating Political Subdivision." 2. .Paragraph 5 of the Articles of Incorporation of the .Authority is hereby amended to read. as follows: "5. The Sports Authority of Hampton Roads, Virginia, is created for the acduisition, .construction, eduipping, financing, maintaining, and/or operating of one or more 'projects' as defined in the Public . Recreational Facilities Authorities Act, Chapter 29, Title 15.1, Code of Virginia of 1950, as amended (Section 15.1-1271, et seq.), as the members of the Commission of the Authority may, from time to . time, by resolution undertake." The motion was adopted unanimously (5-0). B. 1994 Isle of Wight County Fair Chairman Spady called for citizens to speak in favor of or in opposition to the proposed County Fair application. T Alan Nogiec, Director of Parks & Recreation and Chairman of the proposed County Fair, stated the Fair will. include all types of events over 8 f w enaX 16P~~ 9 a four-day period. Mr. Nogiec stated the program is designed to celebrate the County's 360th anniversary. Mr. Nogiec stated he has. met with the Emergency Services Advisory Association which will be actively involved in emergency situations and the Sheriff has reviewed the emergency plan. Chairman Spady called for comments from the Board. Supervisor Bradshaw moved the Board approve the request fora 1994 County Fair. The motion was adopted unanimously (5-0). C. Ordinances 1. An Ordinance to Vacate Two Drainage Easements Along the Boundary Lines Between Lots 142 and 143, and 143 and 144, of the Subdivision Plat of James River Shores Section Two, as Recorded in Plat Book 4, Page 244 of the Clerk's Office of the Circuit: Court of the County of Isle of Wight, Virginia Chairman Spady called for citizens to speak in favor of or in opposition to the proposed Ordinance. Eddie Bourdon, attorney for the. applicant, stated the application is being amended because the only easement necessary for vacation is .the easement situated between lots .142. and 143. Mr. Bourdon stated the. Planning. Commission has recommended approval of the request to the Board. Mr. Caskey stated R. Bryan David, County .Planner,. did .have comments to present to the Board in opposition from Mr. and Mrs. Ronald L. and Nancy W. Wilson, but the applicant's request for amendment has addressed this issue. County Attorney Crook stated it is his understanding that because of the topography of the land the easement between lots 142 and 143 has never served as a drainage easement. Mr. Crook further: stated the easement between lots. 143 and 144 is needed for drainage and at the request of Mr. Bourdon he was able to delete from the Ordinance the easement between lots 143 and 144. Mr. Crook stated he .has for. the. Board tonight the ordinance to vacate the drainage easement .between lots 142 and 143. Chairman Spady. moved the Board adopt the following Ordinance as amended: AN ORDINANCE TO VACATE A DRAINAGE EASEMENT ALONG. THE BOUNDARY LINES BETWEEN LOTS 142 AND 143, OF THE SUBDIVISION PLAT OF .JAMES RIVER SHORES, SECTION TWO, AS RECORDED IN PLAT BOOK 4, PAGE X24 OF THE CLERK S OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA WHEREA5, the subdivision plat entitled "SUBDIVISION PLAT, JAMES 9 BnOK a„6 PAGE ~~ ,; RIVER SHORES, ,SECTION TWO, dated May 19, 1964, provided for a drainage easement along the boundary line between Lots 142 and 143, from Tally-Ho Drive north and northeast to the northern boundary line of said Subdivision; and, WHEREAS, the drainage. easement along the boundary line of Lots 142 and 143, as aforesaid, due to the topography of the land, has -not served as .drainage. easement although dedicated on the plat as a drainage easements ~ and, . WHEREAS, the owners of Lots 142 and 143 of said Subdivision have .:requested the Board of Supervisors to vacate from said plat the drainage . easement along the common boundary lines of Lots 142. and 143; and, WHEREAS,. the General Assembly of Virginia has authorized governing bodies of counties or municipalities to vacate a plat or part thereof by ordinance upon application of any interested person after giving notice as required by Section 15..1-431 of tl~e Code of Virginia; and, WHEREAS, the governing body has, pursuant to Sections 15.1-482 and 15.1- 431 of the Code.. of Virginia, given notice of a public hearing of said governing body for. t11e adoption of an ordinance for the vacation of said portion of said pat; and, after hearing from interested persons and the public in general, the Board of Supervisors of Isle of Wight County, Virginia, is of the opinion that. the dedication of thedrainage easement on ..said plat along the boundary line of Lots 142 and 143, serve. no useful purpose and that t11e Board of Supervisors deems it in the best interests of all parties concerned to vacate said portion of said plat which provides for the reservation and dedication of drainage easement along the boundary lines of Lots 142 and 143. NOW, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle. of Wight County, Virginia, that the dedicated easement, along the common boundary line of Lots 142 and 143, from Tally-Ho Drive north and northeast to the northern boundary line of the Subdivision, as shown on the .Plat recorded in khe Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, in Plat Book 4 at page 224, be and the same are hereby , vacated and removed from said Plat and said area shall no longer be .reserved for said drainage easement. The motion was adopted unanimously (5-0) 2. An Ordinance to Amend Chapter XI, Motor Vehicles and Traffic, Article 1, Section 11-1 of the Isle of Wight County Code R , County Attorney Crook stated tl-~e purpose of the ordinance is to amend the County Code to incorporate the new statutes dealing with driving under the influence primarily. Chairman Spady called for citizens to speak in favor of or in opposition to the proposed Ordinance. 10 BnOK ~,~-DACE 1~. Upon no one. appearing, Chairman Spady called for comments from the Board. Supervisor Bradby moved the Board adopt the .following Ordinance: 1 II AN ORDINANCE TO AMEND CHAPTER XI, MOTOR VEHICLES AND TRAFFIC, ARTICLE I, SECTION 11-1 OF THE ISLE OF WIGHT COUNTY CODE WHEREAS, the General Assembly of Virginia has provided by Section 46.2- 1313 of the Code of Virginia of 1950, as amended, that local authorities may incorporate certain provisions of state law regarding motor vehicles and traffic, and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has previously adopted certain motor vehicle and traffic provisionsof state law as county ordinances pursuant to .said statute; and, WHEREAS, Section 46.2-1313 has been amended by the General. Assembly.. to add provisions .under .Article 9 (16.1-278 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia as statutes which may be incorporated by local authorities as local motor vehicles and traffic code. WHEREAS, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 11-1 of Article. I, of Chapter XI, of the. Isle of Wight County Code, be and the same is .hereby amended to read ,as follows: section 11-1 Adoption of State law. Pursuant to the aukhority of Section 46.2-1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the State contained in Title 46.2 and Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2, and of Article 9 (Section 16.1-278 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, as amended, except .those provisions and requirements the. violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the County, are hereby adopted .and incorporated in this Chapter by reference and made applicable within the County. References to highways of the Skate" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the County. Such provisions and requirements are hereby adopted, mutates mutandis, and made a part of this Chapter as fully as thought set forth at length herein,. and it shall be unlawful for any person, within the County, to violate or fail, neglect or refuse to comply with any provision of Title 46..2 or of Article 2 (Section 18.2-266 et seq.) Chapter 7 of Title 18.2, or of Article 9 (Section 16.1-278 et seq.} of Chapter 11 of Title 16.1 of the Code of Virginia which is adopted by this Section;. provided, that in no event shall the penalty imposed for the ~. violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar .offense under title 46.2 or Article 2 (Section ` 1$.2-266 et seq.) of Chapter 7 of Title 18.2 or of Article 9 (Section 16.1-278 11 enoK 16 oacc i2 et seq.) of Chapter 11 of 16.1 of the Code of Virginia. The. motion was adopted unanimously (5-0). 3. An Ordinance to Amend an Ordinance to Provide for Precincts to Combine Pons Precinct and Mount Holly Precinct and to Establish a New Polling Place for Said Precinct ~x Chairman Spady called .for citizens to speak in favor of or in opposition to the proposed Ordinance. Edward .Blount, Electoral Board Secretary, stated the Electoral Board desires to .change the Pons Precinct polling place because of the unsuitability of the present facility. Chairman Spady called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance: ' AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE FOR PRECINCTS TO COMBINE PONS PRECINCT AND MOUNT HOLLY PRECINCT AND TQ ESTABLISH A NEW POLLING .PLACE FOR SAID PRECINCT WHEREAS, on April. 25, 1991, the Board of Supervisors. of Isle of Wight County, Virginia, adopted an ordinance to provide for precincts, to establish boundary lines of precincts, to name each precinct, and to establish a polling place for each precinct; and, WHEREAS, the Electoral Board of Isle of Wight County, Virginia, has recommended to the Board of Supervisors of Isle of Wight County, Virginia, that the Pons Precinct and Mount Holly Precinct be combined into one precinct with a central polling place to be located on County owned or leased property at the intersection of State Routes 652 and 682; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the citizens and voters of the Pons Precinct and Mount Holly Precinct that said precincts be combined and a new central polling place established at the intersections of State Routes 652 and 682 on County owned or leased property. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, that SECTION 2 of AN ORDINANCE TO PROVIDE FOR PRECINCTS, TO ESTABLISH A O~U TOA~STABL SHOA PRECINCTS, TO NAME EACH PRECINCT, POLLING PLACE FOR EACH .PRECINCT be amended by deleting therefrom the following under the Hardy Election District: Mounk Holly Precinct Polling Place - Mt. Tabor Church and .that the .description of the Pons Precinct under the. Hardy Election 12 .. i~ I~ ... 8nox ~,.~PacE ` 13 District be amended by combining the Pons Precinct and. the Mount Holly Precinct to read as follows: . Beginning at the intersection of Skate Route 620 and the Blackwater River, at the boundary line between the County of Isle of .Wight and the County of Southampton; thence in a Northeasterly direction along. State Route 620 to the intersection of State Route 620 and State Rouke 646; thence in a Southeasterly direction along State. Route 646 to the intersection of State Route 646 and State Route 650; thence in a Northeasterly direction along Stake .Route 650 to the intersection of State Route 650 and State Route 637; thence in a Southeasterly direction along State Route 637 to the intersection of State Route 637 and State Route 647; thence in a Southeasterly direction along State Route 647 for a distance of 0.64 miles to a point; thence in a straight line in an Easterly direction to State .Route.-637; thence in an Easterly direction along State Route 637. to the intersection of State Roue 637 and U.S. Route 258; thence in a Northeasterly direction along U.S. Route .258 ko the intersection of U.S. Route 258 and State Route 651; thence in a Northerly direction along State Route 651 to the intersection of State Route -651 and State Route 620; thence in a .Northeasterly direction along State Route 620 to the intersection of State Route 620 and U.S. Route 258; thence in a Southeasterly direction. along State 1Zoute 620 to the intersection of State Route 620 and the .run of Champion Swamp; thence in a Northerly direction along the.run of Champion Swamp. to Cypress Creek; thence in a Northerly direction along Cypress Creek to the .intersection of Cypress Creek, and the Southwestern town limits line. of the Town of Smith#ield at State. Route 10 Bypass; thence in a .Northwesterly direction along the Southwestern town limits line of the Town of Smithfield to the intersection of the Western town limits .line of khe Town of Smithfield and U.S. Route :,258; thence continuing along the Western town limits line of .the Town of Smithfield in a Northwesterly direction to the intersection of the Western town limits line of the Town of Smithfield and Mount Holly Creek; thence in a Northeasterly direction along the town limits line of the Town of Smithfield and Mount Holly Creek to the intersection of Mount Holly Creek, Blairs Creek and Pagan Creek; thence continuing along. the town limits line of the Town of Smithfield in a Northeasterly direction to the intersection of Pagan Creek and State Route 10 Bypass; thence in a Northwesterly direction. along State Route 10 Bypass and then State. Route 10 to the intersection of State Route 10 and State Route -677; thence in a Southwesterly direction along State Route 677 to .thee intersection of State Route 677 and State Route 678; thence in a Southwesterly direction along State. Route 678 to the intersection of State Route 678 and State Rouke 626; thence in a Westerly direction along State Route 626 to the intersection of State Rouke 626 and State Route 627; thence in a northerly direction along State Route 627 to the intersection of Stake.Route 627 and the boundary line between the County of 5urry and the County of Isle of Wight; thence in a Southwesterly direction along the boundary line between khe County of Surry and the County of Isle of Wight to the intersection of the boundary line of t11e County of Surry and the County of Isle of Wight a i . 13 e~oK ~ 16Patic 14 with the Blackwater River, the boundary line between the County of Isle of Wight and the County of Southampton; thence in a Southerly direction along the Blackwater River to the intersection of the Blackwater River and State Route 620, the point of beginning. The motion was adopted unanimously (5-0). Supervisor Bradby asked the County Administrator if a building has beer- acquired for use by voters in that precinct. County Administrator Standish stated a property owner has expressed an interest in leasing several acres. of property for the Board's consideration in the near future. Mr. Standish stated a modular .unit has been acquired from the School system. to place an the property for use by voters. Supervisor Bradby urged staff to expedite preparation of the lease for the Board's consideration so that the precinct will be in place in adequate time for the November election. 4. An Ordinance to Vacate Refuse Collection Site From Subdivision Plat of Longview Acres, Dated December 11, 1986, Revised October 28, 1987, and Recorded in the Clerk's Office for the Circuit. Court of Isle of Wight County, Virginia, in Plat Book 13, at Page 253 on October 28, 1987 Chairman Spady called for citizens to speak in favor of or in opposition to the. proposed Ordinance. William Riddick, attorney representing Longview Acres Partnership, stated the dumpster site was created at a time when the County's Subdivision Ordinance required subdivisions of t11is size to have a dumpster site. Mr. Riddick further stated because of the County's plans for. a new refuse collection. system, the County has informed him that this site is no longer necessary. Mr. Riddick stated his client is asking for approval of the proposed ordinance to vacate it as a dumpster site. County Attorney Crook stated. he received a letter from the Treasurer stating Longview Acres Partnership no longer exists and there are delinquent taxes, however, Mr. Riddick represents Longview Acres Partnership who are the .owners of record of the property. Mr. Crook further stated he wrote the Treasurer today addressing the issue. Chairman Spady called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance; AN ORDINANCE TO VACATE REFUSE COLLECTION SITE FROM SUBDIVISION PLAT OF LONGVIEW ACRES DATED DECEMBER 11, 1986 AND RECORDED IN THE CLERK'S OFFICE .FOR THE CIRCUIT OF ISLE OF WIGHT COUNTY, VIRGINIA, IN PLAT -BOOK 13, AT PAGE 253 ON OCTOBER 28, 1987 14 t 1 .t $enx ~~iPact~ ~5 ~, 1 WHEREAS, the subdivision plat entitled "PLAT SHOWING SUBDIVISION LONGVIEW ACRES, NEWPORT MAGISTERIAL DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA, SCALE 1"=200', DECEMBER 11, 1986, ART- RAY CORPORATION, SURVEYORS, PLANNERS, CONTRACTORS, SUFFOLK, VIRGINIA, REVISED 10-28-87", was approved. by the County of Isle of Wight on October 28, 1987 and recorded in the Clerk's Office of the Circuit Court of .Isle of Wight County, Virginia, on October 28, 1987; and, WHEREAS, at the time of the approval of said subdivision plat by the Board of Supervisors of Isle of Wight County, Virginia, the Subdivision Ordinance of Isle of Wight .County, Virginia, in Section 4-4-14 thereof,. required all subdivisions of ten lots or more to provide sites to accammadate one refuse container per 20 lots in a location suitable for public access as selected by the Planning Commission and a refuse collection site was set aside or dedicated fora REFUSE COLLECTION SITE" pursuant to said Ordinance on the Northwestern side of the cul-de- sac at the northern end of Whitehead Farrn Lane, as shown on said plat; and, WHEREAS, the owners of Longview Acres have .requested the Board of Supervisors to vacate from said plat the "REFUSE COLLECTION SITE" so that said land may be developed and used for other purposes; and, WHEREAS, the requirement for ~:efuse site acres to be set aside or dedicated in subdivisions of ten tots or more was repealed. by the Board of Supervisors of Isle of Wight County on or about June 2,.1988; and, WHEREAS,. the General Assembly of Virginia has authorized governing bodies of counties or municipalities to vacate a plat or part thereof by ordinance upon application of any interested person after giving notice as required by Section 15.1-431 of the Code of Virginia; and, WHEREAS, the governing body has, pursuant to Sections 15.1-482 and 15.1- 431 of the Code of Virginia, given .notice of a public hearing of said governing body for the adoption of an ordinance for the vacation of said portion of said plat and, after hearing from interested persons and the Y public in general, the Board of Supervisors of Isle of Wight County is of the opinion that the language on said plat to be vacated serves no useful purpose and thak the citizens of the County as well as the subdivision in question would be better served by a vacation of said portion of said plat and removal of said restriction thereon. NOW, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of ,Isle of Wight .County, Virginia, that the language "REFUSE COLLECTION SITE" on the subdivision. plat of Longview Acres, Dated December 11, 1986, Revised 10-28-$7, and recorded in the Clerk's Office aforesaid on October 28, 1987, in Plat Book 13 at page .253, be and the same is hereby vacated and removed from said plat and said area shall no longer , be reserved for a refuse collection site under the Subdivision Ordinance of } Isle of Wight County, Virginia, said Section 4-4-14 thereof which required such dedication having been repealed by the Board of Supervisors on June 2, 1988 and no longer in effect. f sooK ,1~PacE 16 The motion .was adopted unanimously (5-0). 5. An Ordinance to Amend an Ordinance to Impose Tax Levies for Isle of Wight County for Fiscal Year July 1, 1994 Through June 30, 1995 to Set the Real. Estate. Tax Rate After the General Reassessment County Attorney Crook stated the County's public notice for the Ordinance does. not follow the precise language of the statute which provides a different format for setting the tax rate after a reassessment. Mr. Crook stated he would request the Board to table the matter and allow him to prepare another public hearing .following the precise language of the statute. Chairman Spady moved the Board table consideration of the ordinance and authorize the County Attorney to readvertise the matter utilizing .the precise language .for public hearing at the Board's September 20, 1994 meeting. The motion was adopted unanimously (5-0). D. The Application of Newport Investments for a change in zoning classification from B-1, Business General to C=M-1, Conditional Industrial Limited approximately two (2) acres of land located off the west side of Carrollton Boulevard (Route 258 & 17) between Brewers Neck Boulevard (Route 258 ~ 32) and Smiths Neck Road (Route 669) in Newport Magisterial District. The purpose of the application is for a mini- storage facility. Chairman .Spady called for citizens to speak in favor. of or in opposition to the proposed application. William Riddick, representing Ne~vport Investments, stated the request is to rezone property currently zoned unrestricted B-1 to Conditional M-1 with the condition that it is solely for the purpose of :locating a mini-storage .facility. Mr. Riddick stated the Planning Commission expressed concerns because of the property's proximity to the Highway Corridor Overlay District, however, the site is located approximately 200 feet behind a building and is not adjacent to the highway. Mr. Riddick continued the property contains a large stand of trees which the property owners intend to leave as a buffer. Mr. Riddick stated the property owners will install screening and a fence in order to comply with the regulations of the Highway .Corridor Overlay District which will be brought back to staff for their review, Mr. Riddick stated the Planning Commission voted (6-1) to approve the application contingent upon the site ,plan being returned to them pursuant to the new ordinance. Supervisor Hager moved the Board approve the application provided that a site plan be subsequently prepared by the applicant and submitted for review and approval by the Board of Supervisors upon recommendation from the Planning Commission. The motion was adopted. unanimously (5-0). E. Route 258 Corridor Study 16 <~ ~i ~I ~ ' .., Bf10K 1~ PAtf ~ ~ 1 Mr. Caskey stated at the Board's March meeting the Board referred the Route 258 Corridor Study to the Planning Commission for review and consideration for incorporation into the County's Comprehensive Plan. Mr. Caskey stated a public hearing was held by the Planning Commission on July 12, 1994 and the Planning Commission voted unanimously to recommend adoption. of the Route 258 Corridor Study to the Board for inclusion in the County's Comprehensive Plan with immediate emphasize being given to the need for a Windsor bypass accompanied by a study on the potential economic impacts to the town's businesses and residents. Frank Dunn, Virginia Department of Transportation, stated three levels of vision include: installing intersection improvements in -the Route 258/Route 10 bypass in Smithfield and intersection improvements. at Route 460 and Routes 258 in Windsor, encompass Route 258 from Route 58 Business in Franklin to Route 258 as it enters Smithfield and encompasses two areas where VDOT will deviate from the existing road wikh a bypass at Walters and one at Windsor, and finally, a .corridor which will be required to connect with Route 258 to the Benns Church area.. C Supervisor Bradshaw asked Mr. Dunn to provide the Board with an implementation time frame. far each vision. Mr. Dunn stated the right turn lane on Route 258 at the end of the bypass is in the six-year program for VDO1' and scheduled construction is to begin sometime in early 1995. Mr. Dunn stated the other two levels of vision are in the planning stage and are intended to assist the County as it begins to develop and change its land use pattern to provide for a future transportation facility. Mr. Dunn continued. that currently the traffic pattern on Route 258 ranges from 4,000 vehicles per day to the south -end and escalates to 13,000 vehicles per day in Smithfield and does not currently represent a level of traffic that would warrant immediate action. Supervisor Bradshaw asked Mr. Caskey iE the Board did adopt the Study does this mean that it must adhere to the proposed. right-of-way and, if so, would VDOT attempt to acquire the proposed right-oE-way. Mr. Caskey stated as proposals for rezoning come in they will. be forwarded to VDOT for their review, but with the hope that VDOT will delineate for the County where the corridor may or may not impact a proposal and the County will then work with the developer to preserve the right-of-way and the setbacks off the right-of-way. ~, u Supervisor Bradshaw asked if individuals' homes located in the proposed corridor would be displaced. County Attorney .Crook stated VDOT would purchase the home or if sufficient land was involved, VDOT would purd~ase the land and pay the cost of relocating t11e home.. County Administrator Standish stated the proposals do not relate to what land uses exist now, rather this kind of approach helps the County to avoid conflicting land uses in the- future. 17 enoK .16 PacE 18~ Chairman Spady noted the plan can be changed if necessary, Supervisor Bradshaw stated he has unsuccessfully attempted in the ast to have. Business Route 58 between Carrsville and Route 258 repaved p and requested VDOT to initiate the necessary action to have it repaire as there is no use in planning for the future if present road conditions are not adequately addressed. Supervisor Cofer .stated if thet thatYthe Towneo (Smithfield's Comprehensive Plan he would reques comments be attached as an addendum. Chairman Spady called for citizens to speak in favor of or in .opposition to the .proposed Study. Upon no one appearing, Chairman Spady moved the Board .authorize the County Attorney to prepare an appropriate resolution to amend the Isle of Wight County Comprehensive Plan to incorporate the Route 258 Corridor Study as part of Chapter 5 -Transportation, as recommended by the Planning Commission and incorporate the Town of omedfunanimously (5- on the matter as an addendum. The motion was ad p 0). F. The .application of Floyd M. Martin, Jr., owner .and Geao k ~ on Anderton, lessee for Gated onj i1e northts de ofrWindflor Boulevard 1.37 acres of land to (Route 4b0) between Courthouse Highway (Route 258) and Stave Mill Road .(Route 646) in Windsor Magisterial District. Mr, Casket' stated he has received a request from Jeff Gardy, representing.. Floyd lvl. Martin, Jr., the landowner, that the application be withdrawn. Supervisor Cofer moved the Board accept the request far withdrawal of the application. -The motion vas adopted unanimously (5 0) // Mr. Casket'.presented the following request to the Board: Request of Newport Investments for an exemption from a requirement of the Isle of Wight County Highway Corridor District with regard to the proposed .construction of amini-storage facility on property located off of the west side of Carrollton Boulevard (Route 17) near the intersection of Carrollton Boulevard and Brewer's Neck Boulevard (Route 258/32) in Newport Magisterial District. Mr. Casket' stated the Planning Commission voted unanimously to recommend denial of the request for exemption from the paving requirement to the Board, William Riddick, attorney representing Newport Investments, stated 18 ii i~ i~ cook 16 PACE ~9 it is proposed that from Route 17 into the facility will be paved, however, the request for exemption o£ the paving requirement will be for the dry storage facility located in the rear of tale property. Mr. Riddick stated to require .asphalt around buildings would create drainage problems. Mr. Riddick stated the applicants must submit a site plan to the Board and they are requesting that a variance be approved from the paving requirement. County Attorney Crook stated the Planning Commission recommended against the request because this is a commercial-type enterprise on Route 17 where the Planning Commission believes commercial businesses should have paved parking and service areas. Mr. Crook noted that the Planning Commission voted unanimously to deny the request and the Board should keep in mind that they are not .hearing all of the comments and discussion of the Planning Commission on the matter. Supervisor Hager moved the Board accept the Planning Commission's recommendation and deny the request. The motion was adopted unanimously (5-0). Mr. Casket' presented the following for the Board's consideration: Request of Floyd M. Martin, Jr., owner, and George L. Anderton, Lessee, for an exemption from a requirement of the Isle of Wight county Highway Corridor District with regard to the. proposed outdoor flea market operation. located on the north side of Windsor Boulevard (Route 460) between Courthouse Highway (Route 258) and Stave Mill Road (Route.646) in Windsor Magisterial District. Supervisor Cofer moved the Board approve the request for withdrawal. The motion was adopted unanimously (5-0). // At 7:50 p.m., Supervisor. Cofer moved the Board cake aten-minute recess. The motion was. adopted unanimously (5-0). The Board returned to open session at 8:02 p.m. // ~a Chairman Spady called for HZe County Attorney's report. County Attorney Crook advised t1~e Board that the Clerk of the Circuit Court had advised the Board in the spring of 1993 that the General Assembly had adopted a Bill to allow local governing bodies to increase the Courthouse maintenance fee from $2.00 to $4.00. Mr. Crook said he researched this in the summer of 1993 and advised the Board that the amendment would have to be passed again by the General Assembly in 1994 before the fee could be increased. Mr. Crook advised that the Circuit Court Clerk had again advised the Board that the Bill was passed again by the 1994 Generale Assembly and the Board can now increase: the fee, Mr. Crook said he checked on this with Legislative Services in .Richmond 19 BOOff ~ ~,6 PAGE 2O because he did not receive suc11 an amendment to the Code and he was advised that the Governor vetoed the Bill. Consequently, the Board does not have legislative authority to increase the Courthouse maintenance fee. County Attorney Crook stated all paperwork has been completed on the Jones Creek Landing and Carrsville durnpster sites which are now ready for operation. County Attorney Crook stated he received a letter from Dr. Edwards, a veterinarian in Smithfield, concerned about rabies vaccinations being done by other than licensed veterinarians. Mr. Crook further stated he has advised Dr. Edwards by letter that both the State statutes and County Code require., that rabies vaccinations be done only by licensed veterinarians. County Attorney Crook stated the Industrial Development Authority has approved a request and adopted a resolution for refinancing an earlier bond issue far Union Camp: Mr. Crook stated bonds were approved by the Industrial- Development Authority for Union Camp Corporation in the amount of $2,300,000 in 1984 and $3,000,000 in 1985. Mr. Crook stated the Authority, at the request of klle Union Camp Corporation, has approved a 300 U00. Mr. Crook stated these funds reissue of bonds in the amount of $5, , were used for pollution control eduipment improvements and he has prepared a resolution for the Board's consideration to approve the reissue of the bonds to obtain a lower interest rate. Supervisor Cofer moved the Board adopt the following resolution: ' 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 revenue bonds from time to time in one or more series in an amount not to exceed $5,300,000 (the "Bonds"), (the "Bonds") for the purpose of refunding by payment and rec-lemption, the Authority's Pollution Control Revenue Bonds (Union Camp Corporation Project), .Series 1984, in the original aggregate principal amount of $2,300,000 (the "Series 1984 Bonds") of which the entire. $2,300,000 is currently outstanding, and the Authority's 1ollution Control Revenue Bonds (Union Camp Corporation Project), Series 1985, in the original aggregate principal amount of $3,000,000 (the "Series 1985 Bonds") of which the. entire $3,000;000 is currently outstanding; and, WHEREAS, the refinancing is for the benefit of Union Camp Corporation, a Virginia corporation (the "Company");:and, WHEREAS, the proceeds of the Series 1984 Bonds were used to acquire, construct and install certain water pollution control facilities and sewage and solid waste disposal facilities (the Series 1984 Project") to serve the ill of the Com an located near Franklin, in Isle ex~stmg bleached paper m p y of Wight County, Virginia (the "Plant"); .and, 20 1! 1 i~ 1 BnOK 1~ PAGE ~~, , WHEREAS,. the proceeds of the Series 1985 :bonds were used to acquire, construct and install certain air and water pollution control facilities (the "Series 1985 Project") at the Plant (the Series 1984 Project and the Series 1985 Project being hereinafter sometimes referred to collectively as the "Project"); and, WHEREAS, the Authority has held a public hearing in respect of the Project on August 11, 1994; and, WHEREAS, the Authority has recommended that the.Board of Supervisors (the "Board") of Isle of Wight County, Virginia {the "County°), approve the issuance of the Bonds in order to comply with Section 147(f) of the Ir-ternal Revenue Code of 1986, as amended (the "Code"), and Sec-lion 15.1=1378.1 of the Code of Virginia of 1950, as amended (tlie "Virginia Code"); and, WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a fiscal impact statement with respect to the Project have been filed with the .Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The. Board hereby approves the issuance of the Bonds by'-the Authority for the benefit of the Company to klle extent required by Section 147(f) of the Code and Section 15.1-137$.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 t11e 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 horn 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 :whereto. 3. This resolution shall take effect immediately upon its adoption. CERTIFICATE OF RESOLUTION 1. A regular meeting of the Board of Supervisors of Isle of Wight County, Virginia {the "Board"), was held on August 18, 1994, at which meeting the following duly elected members were preser-t or absent: PRESENT: O. A. Spady, .Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw J. R.' Hager ABSENT. None B~K . 16 p~~E 22 Such members constituted all of the members of the Board on the date of such meeting. 2. Attached hereto is a true and correct copy of a resolution duly adopted at such meeting by the unanimous vote of the members present at such meeting. 3. The resolution referred to above has not been repealed, revoked, rescinded or amended but is in full force and effect. on this date and constitutes the only resolution adapted by the Board relating to the issuance by the Industrial Development Authority o£ County of Isle of Wight, Virginia of its $5,300,000 in aggregate principal amount of its pollution .control facilities revenue refunding bonds for the benefit of Union Camp Corporation.. WITNESS my hand and the seal of the Board of Supervisors of Isle of Wight County, Virginia, this 18th day of August, 1994. The motion was adopted (4-0) with Supervisor Brzdshaw abstaining from voting on the matter. County Attorney Crook stated at the direction of the Board he has prepared a leasefor the YMCA which he will bring to the Board for their consideration. at a later date after the YMCA has had the opportunity to review it and note ,their changes or additions, if any. County .Attorney Crook advised Supervisor Bradby that all landowners on Route 681 have been sent deeds to convey the right-of-way for the purpose of widening and improving the road. Supervisor Bradby requested .staff to assist in encouraging the landowners to sign khe necessary deeds conveying the right-of-way. // Chairman Spady called for the County Administrator's report. County Administrator Standish stated the .Board previously authorized him to solicit bids for a roof an the old agricultural building. Mr. Standish stated the low bid is $7,900 and was submitted by David Morgan Contractors.. Supervisor Cofer moved the Board adopt the following resolution and accept the bid of David Morgan Contractars: RESOLUTION TO APPROPRIATE SEVEN THOUSAND NINE HUNDRED DOLLARS FROM THE UNAPPROPRIAI:ED FUND BALANCE OF THE GENERAL FUND -FOR BUILDING REPAIR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the repair of t11e roof at the agricultural building; G 1 1 T~. I~ ' {!. 1 V ' ~ (r erwK ~~~acf +~ and, , , WHEREAS, khe funds in the amount of seven thousand nine hundred dollars ($7;900) need to be appropriated from the unappropriated fund balance to the building repair line item in the 1994-95 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 nine hundred dollars ($7,900) from the unappropriated fund , rk balance be appropriated, to the building. repair line item in the 1994-95 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 adopted unanimously (5-0). County Administrator Standish stated for the Board's consideration is an amendment to the County's health plan which includes a waiver for individuals who have involuntarily lost coverage due to family status change or life event. Mr. Standish stated currently under. the health plan ' if an .employee does not elect to seek coverage for themselves or their ~ ; dependents when they become eligible at the time of employment or reach full-time status they musk prove insurability for: themselves or their dependents, if subsequently requesting coverage. Supervisor- Cofer stated .typical group plans on late enrollees require individuals to provide evidence of insurability. Supervisor Cofer stated the waiver defines only four items that qualify an individual. Supervisor Cofer stated the amendment is not unique to the County's plan as he knew of two other entities that have similar plans. Supervisor Bradshaw inquired if the County Attorney had been given ' the opportunity to review it. County Attorney Crook stated he would like to opportunity to advise ;; the Board on the matter but he is nok prepared at this time to do so since ~' he has not seen the proposed amendment. Supervisor Bradshaw moved that the matter be referred to the County Attorney for his review and that it be returned to the Board at their September 20, 1994 meeting for consideration by the Board. The motion t' ..was adopted unanimously (5-0). County Administrator Standish stated the Board previously .directed him to administer annual contributions for local and regional organizations on a quarterly basis. Mr. Standish further stated occasionally a request is received from an organization for their contribution to be in a lump sum payment.. 23 . t 3 s ~. i 800K ~6 PAGf ~~ Supervisor Cofer moved that the County maintain its current policy of release of funds on a quarterly basis. The motion was adopted unanimously- (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SIXTEEN THOUSAND SEVEN HUNDRED FIFTY-ONE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF 'THE GENERAL FUND FOR HELEN KING'5 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, WHEREAS, the funds in tl~e amount of sixteen thousand seven hundred fifty-one dollars ($16,751) need to be appropriated from the unappropriated fund balance to the Helen King's History Book line item in the 1994-95 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND I'T IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that sixteen thousand seven hundred fifty-one dollars ($16,751) from the unappropriated fund balance be appropriated to the Helen King's History Book line item in .the 1994-95 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 adopted (5-0). Chairman Spady requesked the County Administrator to work with the Director of Parks & Recreation so that a booth can be set up to .accommodate the sale of the history books at the County, Fair. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SIXTEEN THOUSAND SEVEN HUNDRED SEVENTY-TWO 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 completion of construction at the IZushmere Volunteer Fire Department; and, WHEREAS, the funds in .the amount of sixteen thousand seven hundred seventy-two dollars ($16,772) need to be appropriated from the _ unappropriated fund balance to tale capital budget in the 1994-95 budget of the County of Isle of Wight 24 i 1 1 ., 1 I 1 8(t0ii i~~PAGE 25 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wghk, Virginia that sixteen thousand seven hundred seventy-two dollars ` ($16,772) from .the unappropriated fund balance be appropriated to the capital budget in the sle of Wi ht. 1994-95 budget of the County of I g 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 necessaryto~ give this resolution effect. The motion was unanimously adopted (5-0). Supervisor Bradshaw moved the Board adopt the following. resolution. RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND THREE HUNDRED -FIFTY DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM TI iE COMMONWEALTH OF VIRGINIA, VIRGINIA STATE LIBRARY FOR CIRCUIT COURT RECORDS PRESERVATION PROGRAM . WHEREAS, the Circuit Court Gerk offices of Isle of Wight County, Virginia has received a grant from the Commonwealth of Virginia, Virginia State Library far records preservation;. and, WHEREAS, the funds in the amount of one. thousand three hundred fifty dollars ($1,350) need to be appropriated to the record preservation grant fund in the 1994-95 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 one thousand three Hundred Eifty dollars ($1,350) be appropriated to line item records preservation in the 1994-95 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 adopted (5-0). WHEREAS, thel3oard of Supervisors of the County of Isle of Wight, Chairman Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT pND APPROPRIATE FOURTEEN THOUSAND SEVEN HUNDRED TWENTY-SEVEN DOLLARS FROM THE FEDERAL GOVERNMENT FORFEITED ASSET SI-IARING PROGRAM 25 k 3 F BnOK. ~;U PAGE ~~ Vir inia has received funds from the Federal. Government, Forfeited Asset g Sharing Program; and, WHEREAS, the funds in the amount of fourteen aloGo edrnment, hundred twenty-seven dollars ($14,727) from the Feder Forfeited Asset Sharing Program need to be appropriated to the Sheriff's Forfeited Asset Sharing Program line item in the 1994-95 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 fourteen thousand seven hundred twenty-seven dollars ($14,727) to be received from the Federal Government, Forfeited Asset Sharing Program be appropriated to the Sheriff's Forfeited Asset Sharing. Program line item in the 1994-95 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 far the grant and to do all the things necessary to give this resolution effect. The motion was unanimously adopted (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO MILLION ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED FIFTY DOLLARS FROM THE 1994 SCHOOOLIBONUCTION FUNDEDS TO THE SCHOO WHEREAS,-the Board of Supervisors of the County of Isle of Wight, Virginia has approved the school construction program; and, WI-iEREAS, the funds in the amount of .two million one hundred seventy thousand one hundred fifty dollars ($2,170,150) need to be appropriated '-.from .the 1994 school bond issue proceeds to the school construction fund in the 1994-95 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 two million one hundred seventy thousand one hundred fifty dollars ($2,170,150) from tl~e 1994 school bond issue proceeds be appropriated to the school construction fund in tl~e 1994-95 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 adopted (5-0). 26 ~. t 1 ` saox ~,~PacE 27 Supervisor. Hager moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE. SIXTEEN THOUSAND ONE HUNDRED DOLLARS FROM THE FEDERAL GOVERNMENT 619 PRESCHOOL PROGRAM FOR THE SECTION , WHEREAS, the School Board of the County of Isle of Wight, Virginia • has received approval for a grant for the Section 619, Preschool Program; and, WHEREAS, the funds in the amount of sixteen thousand one hundred dollars ($16,100). need to be appropriated to the School grant fund in the 1994-95 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 sixteen thousand one hundred dollars. ($16,100) be appropriated to line item Section 619, Preschool Program in the 1994-95 budget of the County of Isle of i~ ~~ 1 Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wigltk, Virginia is authorized to make the appropriate accounting adjustments in the budget for his grant and to do all the things. necessary to give this resolution effect. The motion was unanimously adopted (5-0). ..Supervisor Bradshaw moved the. Board. adopt the following resolution: RESOLUTION '1'O ACCEPT AND APPROPRIATE SIXTEEN THOUSAND NINE I-IUNDRED EIGHTY-NINE DOLLARS FROM ~1'I-iE 1 EDERAL GOVERNMENT. FOR THE TITLE II, EISENHOWER EDUCATION ACT WHEREAS, the School Board of the County. of Isle of Wight, Virginia has received approval for a grant for the Title II, Eisenhower Education Act; and, WHEREAS, tl-~e funds in the amount of sixteen. thousand nine hundred eighty-nine dollars ($16,989) need to be appropriated to the School grant fund in the 1994-95 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 than. sixteen thousand nine hundred eighty-nine dollars ($16,989) be appropriated to line item Title II, Eisenhower Education Act in the 1994-95 budget of the County of .Isle of Wight, Virginia. BE IT FURTHER RESOLVED khan 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 27 aoox give this resolution effect. ~.~ pacf ~8 The motion was unanimously .adopted (5-0). County Administrator Standish noted in the month of July the delinquent tax attorney collected $24,707.18 at a cost to the County of $3,180.38. Mr. Standish noted the cost represents 13% of the amount collected. County Administrator Standish presented a letter. from Larry Wales, the County's financial consultant, dated August 16, 1994. Mr. Standish stated bids were solicited by RFP for tax exempt bond anticipation notes for school construction in the amount of $2.7 million dollars. Mr. Standish stated bids were received Monday and analyzed by Larry Wales and Christine Ledford,. the Director of Budget & Finance, and they recommend the low bidder, Signet Bank, at an initial interest rate of 3.15%. M. Christine Ledford, Director of Budget & Finance, stated Signet Bank's letter identifies. a tax exempt note rate. Ms. Ledford stated the other bids were commercial tax rates, not tax exempt rates. Ms. Ledford stated the rate does fluctuate, however, the County will most. likely maintain a lower rate than if pursuing a fixed rate. Ms. Ledford stated the rate will float with the Federal Reserve Rate and Signet .Bank's proposal contains a clause which stipulates that the County can obtain fixed financing at any point during. the thirty-six months should the TENR rate rise. Supervisor Cofer moved the Board accept the law bid of Signet Bank and adopt the following resolution: At a regular meeting of the Board of Supervisors of Isle of Wight County, Virginia, held on August 18, 1994, at the time and place established by the Board of Supervisors for its regular meetings in accordance with Section 15.1-536 of the Code of Virginia of 1950, as amended, at which the following members were present and absent: PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw J. R. Hager ABSENT: None.. the following resolution was adopted by the affirmative roll call vote of a majority of the members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: Member Vote O. A. Spady, Chairman Ayes Malcolm T. Cofer, Vice Chairman Ayes Henry H, Bradby Ayes 28 ~'f i ~i 11 ~, 1. Bnolf ~~PA6E ~9 ' Phillip A. Bradshaw Ayes J. R. Hager y RESOLUTION P1tOVIDING FOR THE SALE AND AWARD OF $2,700,000 SCHOOL BOND ANTICIPATION NOTES r HERETOFOlZE AUTHORIZED WHEREAS, the Board of Supervisors (NZe "Board") of Isle of Wight County, Virginia {the "County"), adopted a resolution on July 21, 1994, authorizing the issuance of school bonds in the maximum amount of $2,700,000; and, i, 1 I~ WHEREAS, the Board has determined to issue school band anticipation notes of the County in the maximum amount of $2,700,000 in anticipation of issuing such school bonds, has requested proposals .from banks for the purchase of such notes and has received three such proposals; and, WHEREAS, Municipal Advisors Incorporated, as the .County's . financial advisor, and the County's Director of Budget and Finance rave advised that the proposal of Signet Bank/ Virginia, Richmond, Virginia ("the Bank"), under its low floater program, a copy of which is attached (the "Proposal"), offers to provide atax-excrnpt variable rate line of credit and is in the best interests of the County and have recommended its acceptance; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Sale of Notes. The County shall sell its $2,700,000 school bond. anticipation notes to the Bank pursuant to the Proposal, which is hereby accepted. 2. Note Details. T11e notes shall be issued as a single note in the denomination of $2,700,000 designated "School Bond Anticipation .Note, Series of 1994" (the "Note").:The Note shall be in registered form- and shall be dated, shall mature, shall bear interest at a .variable rate, but not to exceed 12% and shall be subject to prepayment as provided in the Proposal. 3. Execution and Form. The Note shall be signed by the Chairman or Vice Chairman of the Board of Supervisors and counter-signed by the Clerk of the Board of Supervisors, and the County's seal shall be affixed thereon. The Note shall be in such form as shall be satisfactory to the Chairman or Vice Chairman,. the Bank and the County's bond counsel and shall provide for principal advances of funds upon request of the County in minimum amounts of $100,000. 4. Payment. The. Note shall be paid from the proceeds of a like amount of the .County's school bonds in the maximum amount of $2,700,000 authorized by a resolution adoptedby the Board on July 21, 1994, or from other notes issued in anticipation of the issuance of such bonds. The .proceeds of such bonds or notes shall be used for no other purpose until the Note has been paid or provision made for its payment. In addition, the full snot ~.~~~tE faith and credit of the County are irrevocably pledged for the payment of principal. of and interest on the Note. Unless other funds are lawfully available and appropriated for timely payment of the Note, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law, on all locally taxable property in the County sufficient to pay when due the principal of and interest on the Note. 5. Preparation and Delivery of Note.. The Chairman or Vice Chairman of the Board of Supervisors and the Clerk are authorized and directed to take all proper steps to have the Note prepared and executed, to comply with provisions of the Proposal and to deliver the Note to the Bank upon payment of the first advance of funds... 6. Arbitrage Covenants. The County covenants that it shall not take or omit to take any action the taking or omission of which will cause the Note to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the"Code"), or otherwise cause interest on the Note to be includable in the gross income of the Bank under existing. law. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States. any part of the earnings derived from the investment of the grassproceeds of the Note, unless. the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Note from being includable in the gross income of the Bank under existing law. Tile County shall pay any such required rebate fr©m its general funds. 7. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of .the proceeds of the Note and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 14$ of the Cvde. Such certificate and. elections shall be in such form as may be requested by bond counsel for the County. 8. Private Activity 13oi~d Covenant. The County covenants that it shall not permit the proceeds of the Note to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade. or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with. respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Cade, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Note from being includable in the gross ineome of the Bank for federal income tax purposes under existing law, the County need not comply with such covenant. 9. Qualified Tax-Exempt Obligations. The County designates the 3U ~ _. BnoK ~,6 PAGE ~1 Note as a "qualified tax-exempt obligation" for the purpose. of Section 265(b)(3) of the Code.. The County represents and covenants as follows: (a) The County will in no event designate .more than $10,000,000 of obligations as qualified tax-exempt obligations in .1994, including the Note, for the purpose of such Section 265(b)(3); (b) The. County, all its "subordinate entities," within the meaning of such Section 265(b)(3), and all entities which issue tax-exempt obligations on behalf of the County and its subordinate entities have not issued, in the aggregate, more than $10,000,000 of tax-exempt obligations in 1994 (not including "private activity bonds," within the meaning of Section. 141 of the Code, other than "qualified 501(c)(3) bonds," within the meaning of Section 145 of the Code), including. the Note; i~ I1 (c) Barring circumstances unforeseen as of the date of delivery of the Note, the County will not issue tax-exempt obligations itself or .approve the issuance of tax-exempt obligations of any of such other entities. if the issuance of such tax-exempt obligations would, when aggregated. with all other tax-exempt obligations theretofore issued by the County and such other entities in 1994, result in the County and such other entities having issued a total of more t11an .$10,000,.000 of tax-exempt obligations in 1994 (not including privake activity bonds other than qualified 501(c){3) bonds), including the Note; and (d) The County has no reason to believe that the County and such other entities will issue .tax-exempt obligations. in 1994 in an aggregate amount that will exceed such $10,000,000 limit; provided, however, that if the County receives an opinion of nationally recognized. bond counsel that compliance wit11 any covenant set forth in (a) or (c) above is not required for the Note to be a qualified tax-exempt obligation, the County .need not comply with such covenant. 10. Other Actions. All other .actions of officers of the County in .conformity with 'the purposes and intent of this resolution and in furtherance of the issuance and sale of the Note are approved and confirmed. The officers of the County are. authorized and directed to execute and deliver all certificates and instruments and to-take all such further action. as may. be considered necessary or desirable in connection with the issuance, sale and- delivery of the Note. 11. .Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. The undersigned Clerk of the Board o(' Supervisors of Isle of Wight County, Virginia, certifies that the .foregoing. constitutes a true and correct extract from the minutes of a regular meeting of the Board of .Supervisors of Isle of Wight Caunty, Virginia, held on the 18111 day of August, 1994, and: of the whole thereof so far as applicable to the matters referred to in such extract. 31 l BnoY ~ ~~PA6E~ 32 The motion was adopted unanimously (5-0). County Administrator Standish stated the Commissioner of the. Revenue has advised him that the YMCA has requested County permission to initiate cleanup of the old .gymnasium on September 8, 1994. Mr. Standish- stated the County as of yet does not have a lease with the YMCA in final form, but the YMCA does have free labor offered from the Navy. Mr. Standish stated if the Board agrees to allow them to begin cleaning he would also begin preparation to store the County's materials in alternate storage. County Attorney Crook stated it is his advice that the YMCA sign the lease, which provides for. save harmless provisions, before initiating cleaning efforts. Chairman Spady stated that later in the meeting he will recommend the Board continue their meeting tonight until Tuesday, August 23, 1994 for consideration of other matters by the B~laadmeetin lrthataf t e lease s Administrator to advise the YMCA after g executed before September 8, 1994 they may begin preparation for cleanup of the facility. County Administrator Standish stated the Commissioner of the Revenue has also advised him he would like the Board to consider alternative office space, specifically. the old white house at the rear of the Courthouse complex, for file map room now located in the old jail building. Mr. Standish stated in order to accomplish this, the old white house will need renovation. r "~ Chairman Spady stated he would like the County Administrator to speak with the School' Superintendent to determine if the schools have portable classroom buildings that can be utilized for this purpose. i Supervisor Bradshaw requested the County Administrator to compare the costs of soliciting proposals to clean up the old white building located on the. Courthouse grounds for use by the Commissioners .personnel against the alternative of utilizing additional portable classrooms and report back to the Board. on the less expensive alternative. County Administrator Standish reported Supervisor Cofer was selected by the Southeastern Public Service Authority Board of Directors as Chairman for the current fiscal year. Mr. Standi~Th an on the1SPSA Board time the County has had a representative as Chai in'its history. Donald T. Robertson, Assistant to the County Administrator, distributed resolutions to the Board honoring individuals who have attended or acted as administrators or teachers at the Georgie Tyler Elementary andlor High School in the County. Mr. Robertson stated an _ anniversary occasion was held recently remembering those individuals of those schools who were vital to the schools and history of the County. 32 7 ..~........~,..~~.~.....~.,. ~..,. ~_-ru i ~i 1 i~ II 1 t: BnOK ~,~ PRGE 33 J Supervisor Bradby moved the Board adopt the following resolutions: RESOLUTION TO• HONOR MR. ELGIN IvI. LOWS, SR. WHEREAS, Mr. Elgin M. Lowe, Sr. taught Vocational Agriculture at Isle of Wight County Training School and later served as the only Principal of Georgie Tyler Elementary and High School; and, WHEREAS, in 1969, after the integration of Isle of Wight Public Schools, Mr. Lowe served as Principal of Windsor Elementary School; and, WHEREAS, Mr. Lowe was later appointed to the .Board of Visitors of Virginia State College in 1964; and WHEREAS, he served as Rector of the Board from 1968 until 1972 (the first Black person to hold such a position in Virginia); and WHEREAS, Mr. Lowe has served as a Bible School Teacher, Trustee, and now as a Deacon of the Chapel Grove United Church of Christ and has • earned distinction as the first Black ,layman to be elected President of the Eastern Virginia Association of the Southern Conference of the United Church of Christ. WHEREAS, Mr, Lowe has authored six books, the most recent of which was "Origin of the Lowe Family (1814-1993)". NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the. service rendered by Mr. Elgin M. Lowe, Sr. to the citizens of Isle of Wight County and the Commonwealth of Virginia. RESOLUTION TO HONOR MRS. GRACIE G. PORTER WHEREAS, Mrs.. Gracie G. Porter is a lifelong resident of Isle of Night County; and, WHEREAS, Mrs. Porter graduated from Isle of Wight County Training School and attended the Norfolk Division of Virginia State College; and, WHEREAS, she served as the secretary for Georgie Tyler Elementary and High School and for the Isle of Wight County Public Schools; and WHEREAS, Mrs. Porter has been a member of the Advisory Committee for the Isle of Wight County Extension Office and an active •. participant in the Extension Homemaker's Club; .and, WHEREAS, Mrs.. Porter has been involved with several other ..professional, social and civic organizations throughout. the County. • NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the service rendered by Mrs. Gracie G. Porter to the citizens of 33 ~_ . SU01t ~,~PALf J~ Isle Of Wight County. RESOLUTION TO HONOR MRS. RUBY W. THOMPSON WHEREAS, Mrs. Ruby W. Thompson is a lifelong resident of Isle of Wight County; and, WHEREAS,. she attended and graduated from Isle of Wight County Training School; and WHEREAS, Mrs. Thompson matriculated at the Norfolk Division of Virginia State College and received a Bachelors Degree in Home Economics after two years of study; and WHEREAS, Mrs. Thompson supervised the Georgie Tyler High School Dietary and Home Economics Departments and also taught in Isle of Wight County Public Schools until 1988; and, WHEREAS, Mrs. Thompson recently served as a legislative aide to Senator Yvonne B. Miller during the 1994 Session of the Virginia General Assembly; and, WHEREAS, Mrs. Thompson is a church, community, and civic leader in 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, Virginia recognizes and appreciates the tremendous contributions of Mrs. P.uby W. Thompson on behalf of the citizens of Isle of Wight County. RESOLUTION TO HONOR JUNIOUS C. JOYNER, JR. WHEREAS, Mr. Junious C. Joyner, Jr. is a lifelong resident of Isle of Wight County;. and, WHEREAS, Mr. Joyner attended Georgie Tyler Elementary and High School and graduated in 1964; and, WHEREAS, he attended Norfolk State College where he majored in Health and Physical Education and minored in History; WHEREAS, Mr. Joyner served as a member of the U. S. Army during the Vietnam Era; and, WHEREAS, Mr. Joyner was employed by the Isle of Wight County Parks and Recreation Authority for 20 years and also served as the County's representative on the Policy Council of the Southeastern Virginia Job Training Administration; and, WHEREAS, Mr. Joyner has been actively involved in the County as an organizer and participant in youth and adult recreational activities. 34 k } 1 1 1 enox ~,6 Paet 35 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight„Virginia recognizes and appreciates the efforts of Mr. Junious C. Joyner, Jr. to:improve the quality of life for Isle of Wight County residents. RESOLUTION TO HONOR LIEUTENANT COLONEL ELGIN L. pLLMOND WHEREAS, Lieutenant Colonel Elgin L. Allmond is a native of Isle of Wight County; and WHEREAS, Lieutenant Colonel Allmond attended Georgi aTyler High School graduating as the Valedictorian of his class to 1966; an , WHEREAS, he served in numerous .church, civic and .community organizations in Isle of Wight County; and, WHEREAS,. Lieutenant Colonel Allmond attended Virginia State University and graduated in 1970 with a B. S. Degree in Mathematics and a Commission as a Second Lieutenant in the U. S. Army; and WHEREAS, he later earned an M. S. Degree in Logistics Management in 1977; and, WHEREAS, during twenty (20) years of service, he advanced to the rank of Lieutenant Colonel; and, WHEREAS, Lieutenant Colonel Allmond volunteered Eor service in :Operation Desert Storm and was decorated with the Meritorious Service Medal with the First Oak Leaf Cluster and the. Bronze Star Medal. NOW, THEREFORE, BE IT ANll IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the service rendered by Lieutenant Colonel Allmond to .his community, the Commonwealth of Virginia and t11e United States of .America. Themotion was adapted unanimously (5-0). County Administrator Standish stated on behalf of County employees he would like to request t11e Board's consideration of allowing them to leave early on Friday, September lb, 1994 to attend tl~e County Fair. Chairman Spady moved the Board allow County personnel to leave at 2;00 p.rn. on Friday, September 16, 1994 in order to attend the County Fair. The motion was adopted unanimously (5-0). .County Attorney Crook stated the Board at their last meeting authorized him to present their recommended individuals to petition the Circuit Court for appointment of the Equalization Board. 1vlr. Crook stated the Court did approve and enter the order to appoint. those persons recommended by the Board to the Equalization Board. 35 Bt10K ~.6 PAGE ~~ County Attorney Crook stated the Board also authorized him to meet with the consultant, Director of Budgek & Finance and low bidders. for negotiation of contracts for data processing. Mr. Crook stated they had met and there will be another. meeting nexk week and he will bring the contracts to the Board for their. consideration at their September 20, 1994 meeting. County Attorney Crook stated originally the County had .three representatives to the Western 'Tidewater Regional Jail Authority. Mr. Crook stated the County does not have an alternate to attend each meeting of the Jail Authority although other jurisdictions have appointed alternates. Mr. Crook stated it was suggested by the Jail Board that he bring the matter to the attention of tl~e Board for the appointment of an alternate for the Jail Authority. Supervisor Cofer moved the Board appoint the Assistant County Administrator, W. Douglas Casket', to be the Western Tidewater Regional Jail Authority alternate member. I'he motion was adopted unanimously (5- 0~. // Chairman Spady called for Old Business. FY1995 Capital Budget County Administrator Standish stated included in the agenda is the FY1994-95 Capital Budget and the Fire ~ Rescue Capital Budget for FY1994- 95. Mr. Standish stated the first page contains an addition of $2,500 for office equipment for the Parks & Recreational Facilities Authority and the Fire .& Rescue Capital .Budget contains two adjustments: $30,000. for the Carrsville .Volunteer Fire Department vehicle and an increase in the Windsor- Volunteer Fire Department line item from$70,000 to $113,000. Mr. Standish stated the June 30; .1094 fund balance is approximately $4,715,000 and the Capital Budget total is $1,493,110, leaving a balance of approximately $3.2 million. Mr. Standish stated the Public Service Authority is acquiring water systems and. he recommends that the Board loan to the- Public Service Authority the amount of $412,000, which is the necessary down payment to acquire the systems. Mr. Standish stated he would. recommend the- Board approve the General Capital Budget and the Fire & Rescue Capital Budget and authorize a loan to the Public Service Authority for; water system acquisition. Chairman Spady stated he would recommend adding $35,000 for playground eduipment for the Nike Park facility. Chairman Spady moved the Board approve amendments to the General Capital Budget, the Fire & Rescue Capital Budget, authorize a loan to the Public Service- Authority for water system acquisition and add $35,000 for playground equipment. 'I'11e motion was adopted unanimously (5-0). Supervisor Bradshaw moved thc~ Hoard eliminate the $100,000 data 36 i 1 rv enoK ~~~t6E~ i~~ processing capital improvement. '1 he motion was adopted unanimously (5- 0). Supervisor Bradshaw moved the Board table consideration of the Capital Budget until the September 20, 1994 meeting. The motion was adopted unanimously (5-0). // Chairman Spady called for New Business. There was no new business. offered for discussion by the Board. // Chairman Spady called for flppointments. Supervisor Cofer moved the .Board app©int Anne B. Martin, representing the Smithfield. District, to fill the unexpired term ending January of 1995, to the Commission on Aging. The motion was adopted unanimously (5-0). Supervisor Cofer moved t11e Board appoint Supervisor Bradshaw as the County's elecked liaison to the Virginia Association of Counties. The motion was adopted unanimously (5-0). // II u Supervisor Bradshaw requested clarification from the County Attorney f on compensation for the Planning Commission.. County Attorney Crook stated the. Planning Commission has been treated differently from other boards and commissions due to the length of e time spent on County business. Mr. Crook further stated generally they meet twice monthly, one of such meetings being a work session. Mr. Crook continued the County's current policy allows for $50 ,per member, per meeting, per month for boards and commissions. Mr. Crook stated the Planning Commission is $50 per meeting, limited to $100 per month, and there has been some suggestion that the Planning Commission should be .compensated more because of the amount of time expended.. r Mr. Casket' stated in 1987 the Planning Commission's compensation was "set at $50 per meeting up to a maximum of two. meetings. per month - and it was the Planning Commission's request to staff to conduct a survey of adjoining localities so that a report could be brought back to their next meeting. Mr. Casket' further stated the survey has been completed although this information has not, as yet, been relayed back to the. Planning r Commission. .Supervisor Bradshaw requested the County Administrator to meet with the Sheriff and attend the next Volunteer Fire Departments and Rescue .Squads Association meeting on E-911 concerns. j 1 y 37 enoic ~ ~.~Pac~ ~8 Supervisor. Bradby asked Sheriff Phelps to speak relative to the communications system. Sheriff Phelps stated an accident which occurred in the Rushmere area caused the Sheriff's Department to find it was unable to page the Rushmere Volunteer Fire .Department because the communications system would not activate the Department's pagers. S1leriff Phelps stated an investigation showed it: was properly programmed only on the second. console .and the first console has been reprogrammed to include the Rushmere Volunteer Fire Department code. // Chairman Spady called for approval of the special meeting minutes of July 18, 1994 and regular meeting minutes of July 21, 1994. County Attorney Crook noted a paragraph was inadvertently left out at the bottom of page 1 of the special meeting minutes of July 18, 1994 and if the secretary- would correct this, he would recommend approval to the Board. Supervisor Bradshaw moved the. Board adopt the amended July 18, 1994 special meeting minutes, as corrected by the County Attorney. The emotion was adopted unanimously (5-U). Supervisor Cofer moved the Board adopt the July 21, 1994 regular meeting minutes as presented. The motion was adopted unanimously (5-U). it County Attorney Crook requested an executive session pursuant to Section 2.1-344 A7 of the Freedom of Information Act regarding advice of counsel concerning legal matters. At 9:00 p.m., Supervisor Cofer moved the Board enter executive session for the reason stated by the County Attorney,. The motion was adopted unanimously (5-U). Upon returning to open session at 9:25 p.m., Supervisor Bradshaw 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 suc11 executive meeting was conducted in conformity with Virginia .law; 3$ 1 1 1 ,,, 1 1 1 800K ~~ PAGE ~9 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 Iaw 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. yOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING:. 0 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board. authorize Chairman Spady, Supervisor Bradshaw, Attorney Crook and Director of Budget & Finance, M. Christine Ledford to meet with the executive committee of the Windsor Volunteer Rescue Squad to discuss the finances that the County provides. The motion was adopted unarimously (5-U). Supervisor Cofer moved that the 1993-94 capital item for the Windsor Volunteer Rescue Squad be held in abeyance pending this meeting. The motion was adopted unanimously (5-0). Chairman Spady stated the Board is concerned only with the finances of the department and would like an opportunity to meet with the Squad to discuss same. Chairman Spady stated. the Board still supports the Squad and will continue to do so. // At 9:30 p.m., Supervisor Cofer moved the Board continue its meeting until 9:00 a.m., Tuesday, August 23, 1994. Tl1e motion was adopted unanimously (5-0). (f~- ` ,_ O. A. ' y, Chair Myle ~. Standish, Clerk 39 ti