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08-07-1997 Regular Meeting1 r BOCK ~7 .~:~•~ 1~~ REGULAR MEETING OF TEIE ISLE` OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT:.. Henry I-I. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady ..Malcolm T. Cofer Phillip A. Bradshaw. Also Attending; I i, Wcx~drow Crook, ,1r., County Attorney W. Dolrglas Casket', County Administrator bonald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 2;00 p.m. The invocation .was delivered by Supervisor Claud.. // .Chairman Bradby indicated the following Consent.Agenda included Item 1 A -July 3, 1997 Regular Mectin~ Minutes, - Supervisor- Claud moved the .Beard approve the Consent Agenda. The motion was adopted unanimouslt' (5-0). // Chairman Bradby called for Transportation Matters... John B. Edwards, Planner/GIS Coordinator, distributed to the Board members a response letter from VDOT dated July 24, 1997 addressed to the County Administrator relative to his inquiry to VDOT to reconsider centerline striping Mill Swamp Raad (Route 621) advising that VDOT will not strip roads less than eighteen. (] 8) feet in width. Supervisor Bradshaw recommended the County pursue the matter further and suggested. it be placed. on the list of issues to be addressed with the General Assembly members when the County discusses transportation projects and funding. David Hardy requested the speed Limit be reduced to 35 mph in the work zone on Waterworks Road (Route 709) during road construction due to hazardous. driving conditions. Mr. Hardy. further requested the speed. limit be reduced to 45 mph following the completion of the construction work. 1 BOnK 17 ~:.:'~5O Supervisor Spady moved staff be directed to write Ivir. Cleveland of VDOT ` concerning the causeway at the Rescue Bridge, particularly as it relates to its impassable condition during high tide. The motion was adopted unanimously (5- 0). David.. Hardy requested the Board request a traffic speed study be performed along Route 10 near the Smithfield Plaza Shopping Center: Regarding damage to Eleanor G. Porter and Elvin. H. Porter, Jr.'s property, previously discussed at the Board's June 19,1997 meeting, Supervisor Bradshaw requested staff pursue scheduling a meeting with the VDOT Resident Engineer to discuss improper drainage along :Walters Highway. Clem Batten requested the Board assist in having the speed limit reduced on Battery Park Road (Route 704) at the Rising Star community. .Supervisor Spady-moved the Board direct staff to write a letter requesting the speed limit be reduced to 45 mph along Battery Park Road at the Rising Star . community. The motion was adopted unanimously (5-0). /1 Chairman Bradby called for Citizens Comments. John Springfield, Allen Ray, Jeri Corel, Dave Turpin and Skip Reddick petitioned the Board to cease construction in Phase III of Ashby Subdivision until an investigation can determine ihaf the construction of homes in Phase III will not decrease property values in Phase L County Attorney Crook offered to investigate the matter further with the Department of Planning and Zoning and. bring.a report back to the Board. Supervisor Spady requested Mr Crook notify the Board of any violations so that action can be taken prior to the Board's August 21, 1997 meeting, as may be necessary. David Hardy notified the Board of poor construction activities being performed by subcontractors in the County on residences. Clem Batten. requested the Board's assistance in allowing the Rising Star community <to hook up to public water and sewer. Supervisor Spady moved the Board direct staff to advise the Town of Smithfield that the;County agrees for the Town to proceed with hooking up water and sewer to serve the, Rising Star community. The motion was adopted unanimously (~-0). // 2 ,' Chairman Bradby called for t>1e Community Development report. A. The application ofClara V. Edmonds Turner for a Conditional Use Permit to locate a mobile home, to be occupied. by Rachel Turner and her immediate family, an .1.45 acres. of land'lncated at 44$4 Duck Town Road (Route 648) in Windsor Magisterial. District. Mr. Edwards stated the Planning Commission t~nanimausly recommended the .Board approve the application... Supervisor Bradshaw moved the Board approve the application. -The motion wasadopted unanimously (5-0). B. The application of James Stiltner for a Conditional Use Permit to locate a mobile home, io be occupied by 1-leathcr Chludznski, daughter, and her immediate .family, on thirty-nine (39) acres of land located at 22331 Thomas Waods Trail (Route b14) in Hardy Magisterial District. Mr. F;d~vards stated the Planning Commissian recommended appravai~of the applicatian. Supervisor Bradshaw moved the Board approve the application. The motion was adopted unanimously (S-0): Regarding the Town of Smithfield's. request to utilize. the County's GIS Base Map, Mr. Edwards noted the Town of Smithfield is expected to provide staff with a draft agreement between the Town and the County for the Board's . consideration. Supervisor Bradshaw moved the Board defer consideration of the matter until a draft agreement is received from the To~~~n of Smithfield. The motian was adopted unanimously (S-0). Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, advised the Board that the County is in receipt of a Virginia Community. Development Block Grant in the 'amount of $16,000 for certain improvements in the Campton}~n/Jamestawn community. Mr. Robertson noted the Board should. anticipate .amending the .Budget by approximately $b,00o to bring on board further consultants, contractors. or engineers. Sulx:n~isor Bradshaw moved the Board autharir.,e County staff to proceed with the next phase of the grant process. Further, staff is authorized to initiate procurement of necessary professional services. The motion was adopted unanimously (5-(~}; Mr; ~iwards distributed a letter frame Delegate William K._ Barlow :dated 3 eoo~ 17 ~~~-~~ August 4, 199? concerning the preservation of Historic Boykins Tavern. // .Supervisor Claud .moved:. the Board amend the regular .order. of the agenda to consider :the fallowing item listed under Old Business. The motion was adopted unanimously (5-0). The application of William B, and Virginia N._ Denison for a Special Use >Permit to operate an outdoor environmental..educatonal program an approximately eighty-one (81 } acres of land located at 21.455 Chestnut Lane, Zuni, in Hardy Magisterial District. (Tabled July 17, 1997) Supervisor Claud recommended the following conditions he placed in the Conditional Use Permit to address his earlier concerns: (1) applicants maintain the road in at least as good a condition as it is presently, (2) no entrance off of Chestnut Lane is tp be used for this facility, (3) adequate signage will he placed :indicating where residents will enter the :facility; (4) hours of operation will be .from. dawn to dusk, Monday through Friday, by appointment only. County Attorney Crook noted the Board could further make compliance with the recommendations.. of Horton and :Dodd, engineering consultant, a condition of the permit.:. Virginia N. Denison, applicant; asked if the dawn: to dusk requirement wild prevent her from having observatories or star gazing during night time hours. .Supervisor Spady suggested that due to the opposition, Ms. Denison should run: her program. according`to thee. proposed conditions. and, if there are no problems, that she should return to the Board if she sees. a need for observatories or star gazing. Supervisor Bradshaw moved'the Board approve the. application with the .following conditions: maintain the road. in as :good as condition as it is now (on Qld Gum Tree Road from Thomas Woods up to the Dennison's property).:. no entrance off of Chestnut Lane can he uszd far this facility. entrance sign is too he installed o#~ of Gum Tree Road leading .into the facility: Sign should indicate he}~ond this point is private property and na cane should procea~ past this :point....... . hours of operation ~ti~ill he datiti~n to du_`1:, Monda~~ through-Friday, by appointment only. 4 . r 1 1 904X 1~ .::'~rJ3 ....compliance with transportation recommendations of Horton and. :Dodd, engineering consultant. .The motion was adopted. unanimously (S-0). // Supervisar Bradshaw moved the Board. return to the regu tir order of the .agenda. The motion was adopted unanimously (5.0). i/ Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, I'.E., Directar• of Public Utilities, noted the Thcnnas Park, Waterford ©aks, Smithfield Plaza and Zuni water systems had violated the maximum bacteriological limits altawed and that four (4) repeat samples were collected, as required, which showed no bacteria problems wr;re present in the water. Because the County was required to collect five samples in the month of June, and only collected one, stag was required to -print a Notice of Violation in The Times. Mr. Rountree stand the Hampton Rands Sanitation District (HRSD) has been in cxist~nce since 1938 during which period it has created a customer base of over 400,000.. HRSD has advised it now has a utility billing proceduec called the llampton Roads Utility Billing System (H~2UBS) which is available free of charge. Currently. James City County, the Cities of Norfolk and Virginia Beach, and the Town of Smithteld are incorporating heir utility bills into the l 1RUBS system. Mr.Rauntr~a stated he btlievesthc County could'realize asignificant savings. in its utility billing procedures and he recommends the Board authorize him to begin negotiations with HRUBS and that. an agreement be brought to the Board for. its consideration to institute NRUBS into the County's operations. Mr. Rountree noted -once the pra~ram is implemented, the part.-time utility clerk position could be eliminated. Supervisor Spady moved the Board authorize staff to investigate HRUBS utility billing for Isle of Wight. County utility custorners and negotiate- an agreement for the Board's consideration: The motion'was adopted unanimously (5-0). Mr. Rountree notified the Board that Branch Lawson has advised that the developers of the Graymor property do not wish to participate with the County on a rerouting of the water line in the Northern Development Service District at this time. Mr Rountree. recommended that the. Board authorize him to employ a Project Administrator to work on afull-time temporary basis until the four major 5 ao~~ 17 f~~~6 utility projects which are under design are complete or the need no longer exists:- Mr. Rountree stated thee. Project Admini trator would be employed .from thee. contingencies of the four projects. .Supervisor Cofer moved the Board table consideration of the matter until the Board's August 21, 1:997 meeting. The motion was adopted unanimously (5- 0). Mr. Rountree, notified the Board that the Town of Windsor has announced. to its customers a water rate increase, effective on bills rendered in September; 1997. Supervisor Bradshaw recommended the Board rovisit the issue of repairing the Battery Park line and the Carrsville line before the second rate increase is implemented. Supervisors Spady suggested the matter be revisited no later than the f ist part of December, .1997. // £hairman Bradby called for the Economic Development report. Lynn P. Harris, Director of Economic Development, recommended the Board adopt a resolution to reaffirm the continued friendship between Isle of Wight, England and Isle of Wight County, Virginia. Supervisor Spade moved the Board adopt the following resolution: Resolution to Reaffirm the Continued Compact of Friendship with the Councill and Citizens of the Isle of Wight, United Kingdom Whereas, The Councill of the County of Isle of Wight, United Kingdom has issued a Continued Friendship Agreement with the County of Isle of Wight, United States of America; and, Whereas, Since Isle of Wight`County's original charter 6y the Virginia -House of Burgess.. in 1634, the County has recognized a special relationship with The Isle of Wight, United Kingdom; and,: Whereas, the continued friendship is based upon distinct historical, economic bonds that promote the general welfare of each municipality; and, Whereas, The Board of Supervisors of Isle of Wight County wish to strengthen and commit to this international community liaison; and, b 1 NOW, THEREFORE, BE IT RESOLVED,. by the Board of Supervisors of Isle of Wight County, Virginia that the County of Isle of Wight reciprocates the - Continued Friendship Agreement with The Isle of Wight and looks So further enhance the economic viability and quality of life in each locality. The motion. was adapted unanimously (S-0), Ms. Harris stated in March, 1997, Jahn Whaley of the Hampton Roads Planning District Commission published the Peninsr~7a Industrial Targeting Study and at that time she requested that a similar study be performed for the County. Ms. Harris stated that a regional marketing .study was prepared with the City of Franklin and Southampton County in 1993 and the City of Suffnik has enmmissionud a private consultant far its targeted marketing study. Ms. Harris rc;questcd the Board's permission to approach the Gity of Suffolk to do a regional study tar industrial targeting. Supervisor Bradshaw moved the Board aatharirc the Dircctor~of Economic Development to meet with the City of Suft~7lk to discuss the potential: far a regional economic development targeting study. and also, to meet with. the Economic. Development Director far the City. of Franklin and the County of Southampton to discuss same. The mation was adapted unanimously (5=Q), Ms. I larris recommended the County begin the. situ selection process to attain a largo acre, cost-effective .industrial site which is environmentally Conducive to industrial use, will not have. transportation impediments and-will have the capability of ettending public utilities. Supervisor Bradshaw moved the Board authorize the Director of Economic Development to begin the process and report back to the Board an associated costs. The mation was adopted .unanimously (5-0). Ms. Hams notified the Board she would be attending a meeting regarding the County's. ISTEA award on .August 2b, 1997 in Culpepper County, Supervisor Bradshaw requested Ms. Harris to schedule a meeting with him to further discuss the grant and set up a meeting with Max Porter and the other appropriate individual on the Commonwealth Transportation Board. Ms. Harris distributed a copy of an advertisement in the Sunday edition. of -.the Virginian Pilot illustrating that the five city neighbors (Southside) are aggressively pursuing economic development.. Ms. Harris stated. she had. two items for executive session later in the meeting. // 7 80~K Chairman Bradby called for the County Attorney's report, County Attorney Crook stated he had ,nothing for discussion in open session, but would have several matters for executive session later in the meeting. // Chairman Bradby called for the County Administrator's report, County Administrator Casket' fated regarding he proposed convenience center on Lee's Mill Road, staffhas been working with SPSA staff to resolve any concerns or issues the Virginia Department of Environmental Quality (VDEQ) might have with the use of the old Franklin landfill. ;Supervisor Bradshaw moved the B©ard direct staff to meet with the citizens to determine if the County can secure another site acceptable to the community. The ~motian was adopted unanimously (5-0). County Administrator Casket' requested the Board authorize him to execute an updated_ and revised Memorandum.: of Understanding with the Virginia Cooperative Extension.: (VCE) relative to VDE's administration, programs, personneland Cnancial'arrangement. Supervisor Spady moved the Board authorize the'County Administrator to execute the Memorandum of Understanding with the :Virginia Cooperative Extension. `The motion was :adopted unanimously (5-0). 'Supervisor. Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT ANID APPROPRIATE.. GRANT FUNDS: FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES `NHEREAS, the Board of 5upervisars of the County of Isle of Wight, Virginia has approved. a grant award from the Department of Criminal Justice Services, JJDP Title N -Delinquency Prevention, One Time Special Fund; and, WHEREAS, funds in the amount of five thousand dollars (5,004) ac as much as shall be received from the. Commonwealth of .Virginia, Department of Criminal Justice Services needs to be appropriated to the appropriate line item in the: i 997-98 budget `of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY :RESOLVED by the Board of Supervisors of the C'ounttit of Islz of Wight, Vir` inia that flee thousand dollars ($5,440} or as much. as shall bz received from the C~mm~.~m~~ealth of Virginia Department- of Criminal Justice Sen~ices bz ap~rupriated to thz appropriate line item in the 1997-95 bua•::et ~~f the Countr~ of Isle t~f `~'~;lit. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect.- The motion was adapted (4-0). Supervisor Cofer was not present for the vote. Supervisor Claud moved the. Board adopt the; following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE EIGI-IT THOUSAND FIFTY ONE DOLLARS FROM TI-iE STATE COMPENSATION BOARD FOR PART-TIME SALARIES WI~IERF?AS, the Board of Supervisors of the C;aunty of Isle of Wight, Virginia has received funds from the Stag Compensation Board for the payment of part-time salaries; and, WHEREAS, the tirnds in the amount of eight thousand Ffty-one dollars ($B,OS 1) need to be appropriated to file appropriate line item in the 1996-97 operating budget of the County of Isle of Wight, Virginia. NOW, TI-IEREFORE, BE 1T AND IT IS I-IEREBY RESOLVED by the Board of Supervisars of the County of isle of Wight, Virginia that eight thousand fifty-one dollars ($8,OS 1) received from the State Compensation Board be appropriated to the. appropriate line item in tl~e l 996-97 Opr;rating 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 adopted (4-0). Supervisor Cofei• was not present far. the vote.' Supervisor Spady moved the Board adopt the f©llowin~ resolution: RESOLU'T'ION TO APPROPRIATE FIFTY FOUR THOUSAND THREE HUNDRED SIXTY TWO DOLLARS FROM TI-IE UNAPPROPRIATED FUND BALANCE FOR RENOVATION OF THE ANIMAL SHELTER.. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia did receive`donated funding for the renovation of the. County's animal shelter; and, WHEREAS, the funds in the .amount of fifty four thousand three hundred 9 BOQK ~~ w~:',,i~C] sixty two dollars ($54,362] need to be appropriated from the unappropriated fund balance of the General Fund for the renovation of the County's animal shelter to the 1997-98 Capital Budget of the C©unty of Isle of Wight, Virginia. NOW, THEREFORE; BE.IT ANU 1T 1S HEREBY RESOLVED by the $oard: of Supervisors of the County of Isle of Wight,. Virginia that fifty four thousand three hundred sixty two dollars ($54,362) from the unappropriated fund '.balance of the General Fund be appropriated for the renovation of the County's. animal:: shelter ~in the 1997-98 Capital Budget of the County of Isle of Wight; Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the .appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted (4-0). Supervisor Cofer was not present for the vote. Supervisor Bradshaw moved the Board adopt the following res©lutian RESOLUTION TO ACCEPT AND APPROPRIATE ONE HUNDRED TWENTY FQUR THOUSAND FIVE HUNDRED FIFTEEN DOLLARS; FRAM THE FEDERAL GOVERNMENT AND EIGHTEEN THOUSAND DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR CARRYOVER GRANT PROGRAMS WHEREAS, the .Board of Supervisors of the County of Isle of Wight, Virginia has receiued grant funding. fur programs; and, WHEREAS, the funds in the amount of one hundred twenty-four thousand -five hundred fifteen dollars ($I24;515.) in carryover grant funds need to be appropriated'to the appropriate line item in the 1997-98 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 hundred twenty four thousand five hundred fifteen dollars ($1?4;515~ to be r~cei~~ed from the Federal 6ovemment and eighteen thousand dollars (S 1$,OOQ) to be reczi~red from the Commonwealth of Virginia in;carryover grant funds be appropriated t~ the following line items in the 199?-98 :budget of the Counn~ of Isle of ~~ i~al~c, ..Virginia: Federal: HUD - H©me Program $1 _'-t>51 Stater 1t1 CDBG-Development Study - Jamestown/Camptown $ 18,000 BE 1T FURTI"IER 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 (4-0). Supervisor Cofer was not present fnr the vote. Supervisor Bradshaw moved the Board adoc~t the following resolution: RESOLUTION TO APPROPRIATE EIG1 iTEEN TI-IOUSAND EIGEIT HUNDRED EIGHTY EIG}-iT .DOLLARS FROM TkiE UNAPPROPRIATED FUND BALANCE FOR VARIOUS CARRYOVER PROGRAMS WHEREAS, the E3aard of Supervisors of the County of Isle of Wight, Virginia has carryover donated/grant funds available for variousprograms and, WHEREAS, the following funds in the amount of eighteen thousand eight hundred eighty-eight dollars ($18,888) need to be appropriated to the 1997-98 budget of the County of Isle of Wight; Virginia: ...Litter Control $:6,540 Va. State. Library Grant $ 4,572 DARE donations $ 1,550 .Forfeited Assets $18,888 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighteen thousand eight hundred eighty-eight dollars ($18,888) received from various grants and donations be appropriated to the appropriate line item in the 1997-98 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 things necessary to give this resolution effect. The motion was adopted (4-0). Supervisor Cofer was nat. present for the vote. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO ACCEPT ANU APPROPRIATE ONE THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS FROM THE it COMMONWEALTH OF VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER. SERVICES WHEREAS, the County of Isle of Wight, Virginia has received a grant from the Commonwealth''of Virginia Department of Agriculture and Consumer. Services far continuation of the Pesticide Container Recycling Program; and, WHEREAS,.. the funds in the amount of one thousand eight hundred seventy five dollars ($1.,:875) from the Commonwealth of Virginia need to be appropriated to the. Pesticide Container Recycling Program,line item in he FY 1997-98 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED°by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand eight hundred seventy five dollars ($1'875) ar as much as shall be received from the Commonwealth of Virginia Department of Agriculture and Consumer Services be appropriated o the .:Pesticide Container Recycling. Program .dine item in the FY 1997-98 budget of the County of Isle: of Wight. BE IT FURTHER RESOLVED Ghat the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. .The motion was adopted unanimously (5-0). :Supervisor Spady moved the Board adopt the following resolution: RESOLUTION. TO APPROPRIATE FIVE HUNDRED EIGHTY FQUR THOUSAND NINE HUNDRED EIGHTY FOUR DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND F4R VARIOUS UTILITY PROJECTS. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved funds-for certain capital'expenditures for various utility:. 'projects; and, .WHEREAS, the funds in the amount offive hundred eighty four thousand nine hundred eighty four dollars ($584,9.84) need to be appropriated. from the unappropriated fund balance of the General Fund to the 1997-98 Capital Projects Budget far the County of Isle of Wight. NOW, THEREFQRE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five hundred eighty faun thousand nine hundred eighty four dollars ($584,984) from -the unappropriated fund balance of the: General Fund be appropriated to the 1997-98 Capital Budget of the County, of Isle of l'Vight. I2 1 BE IT FURTHER RESOLVED that the County Administrator of the County ~f Isle of Wight,. Virginia is authorized- to make the .appropriate i~ 1 accounting adjustments in the budget and to do atl things necessary to give this resolution effect. The motion was adapted unanimously (5-Q). Supervisor Claud .moved the Board adapt. the following resolution: RESOLUTION OF OFFICIAL INTENT TO RELMBURSE EXPENDITURES WITH PIZOCI~f:DS ()F A BORROWING Wt~EREAS, Isle of Wight County, Virginia (the "County"), intends to acquire, construct, renovate and equip various capital improvement projects far its utility system (the "Project"); and, WI-IEREAS, plans far the Project. have; advanced .and the County expects to advance its own funds to pay expenditures related to the. Project {the "Expenditures") prior to incurring indebtedness and to receive reimbursement for: ..such Expenditures from proceeds of tax-exempt bonds ortaxable .debt, or both; BE IT RESOLVED BY TI-iE BOARD OF SUPERVISORS OF,ISLE OF WIGHT COUNTY, VIRGINIA; . I . The County intends to utilize the proceeds aflax-exempt bonds. (the '"Bonds) or to incur other debt, to pay the casts of the Project in an amount not .currently expected to exceed $ 14,500,000. 2. The County intends that the proceeds of the Bonds be used to reimburse the Caunty. far Expenditures with respect to the Project made an ar after June 8, 1997, which date is no mare than 60 days prior to the date hereof. The County reasonably expects on the date hereof that it wilt reimburse -the Expenditures: with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will bc, unless otherwise approved by band counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), {b) a cast of issuance with respect to the .Bonds, (c)anon recurring item that is not customarily payable from current revenues, or (d) a grant to a part} that is not related to or an agent of the County so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. 4. The County intends to make a reimbursement allocation, which is a wfritten allocation by the County that evidences the County's use of proceeds of the Bonds to reimburse an Expenditure, no later than l 8 months after the later of the date nn which the Expenditure is paid ar the Project is placed in service ar 13 eooK 17 -~~`~7? abandoned,-but in na event more than three years after the date on which the Expenditure is paid. The County recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de rninimis amounts, expenditures ~by "small issuers" (based on the year of issuance and not the year of expendture);and expenditures for construction of at least five years. S. The County intends that the adoption of this resolution confirms the "official intent" within :the meaning of Treasury Regulations Section 1.150-2 ;promulgated under the Internal Revenue Code of 1986, as amended. `6. This resolution shall take effect immediately upon its passage. The motion was adopted unanimously (5-0). 'Supervisor Bradshaw moved the Board authorize staff to publish. a Notice of Pdblic. Hearing for the Board's October l 6, 1997 meeting for the issuance of a maximum of $14,500,000 General. Obligation Utilitybonds for various. utility projects. ~ The motion was adopted unanimously (5-0). Mr. Robertson addressed the Board on the issue of use of compensatory time in lieu of overtime compensation. Mr. Robertson stated, .for the Board's information, compensatory time in lieu of overtime compensation is an allowable practice for. political subdivisions, but must be provided to employees at a rate not less than one and one-half hours for each hour of employment for which overtime compensation would normally be offered. County Administrator Casket' noted. Grace Keen. has verbally expressed a desire for funding for the Veterans' Day event in the amount of $1,200. Supervisor Spady moved the Board appropriate $1,2.00 from the contingency fund for the Veterans' Day Parade. The motion- .was: adopted unanimously (S-0}. ~~ Chairman Bradby called for Old Business. ;Supervisor Claud noted he would have a recommended list of individuals for appointment by the Board to locate suitable land for purchase for the Central County Park facility. .:Regarding the Wrenn's Mill dumpster sitz, Chairman Bradby proposed that the Tyier's Beach-and Bunv~el's Bair sites be eliminated and instead locate rQll- offs on aconcrete slab at the Rushmere Food Mart. Chairman Bradby stated this proposal meets the approval of the citizens in that aria. LudfUrd T. Creef,lll, Director of Public 4'~orks, noted to install the four 1 1 r pads of concrete with frames would. cost approximately $2,500. Supervisor Spady noted the site at Wrenn's Mill is located no closer to the homes at Wrenn's Mill than the convenience centers at the Jones Creek and Poor House Farm. Supervisor Spady stated t1~e Wrenn's Mill site is centrally located and would- be a-clean and manned site. Following discussion by the Board, .Chairman Bradby indicated he would further discuss the. issue of the Wrenn's. Mill convenience center at he Board's August 21, 1997 meeting. it Chairman Bradby called for New Business. - There was na new- business ot~~red. _ ~~ Chairman Bradhy called for Appointments. Super,~isar Bradshaw moved the Board appoint Rural L. Walker. fora four- r•car term an the Youth Services IIoard. The motion was adopted unanimously (5-01. Supen•isar Bradsha"~ moved the Board appoint Carla Duck" as the. ex- afhcio far afour-~~ear .term an .the. Youth Services Board. The rnotian was .adapted unanimously ~5-0). Supen•isar Bradshaw. mo~~ed the Board appoint Aaron Thompson as the ~'outh Representative an the Youth Services Board far a one-year term.. The ...:.motion was adapted unanimously (5-0). At 4:?0 p.m,, Supen~isor Cofer mo~~ed the Board take aten-minute. recess. The motion u~as adapted .unanimously (5-0), G'pun returning to open session at 4:30 p.m., County Attorney Cradk requested an exeeuti~~e session under Section 2, l -344 Al of .the Frcc~dam of lrffurmativn Act concerning personnel matters; under Scotian. 2.1-344 A3 far dd~•ice of r.:ounsel relative to potential litigation; under Section 2.1-344 Al cu~cerning inten~iew of prospective candidates far employment; under Section w l -3~~ A5 t~~~r siting; af` industrial prc~~;pccts; ur-der SCCtion 2.1 w344 A3 ~~~nt;ern~ng tv-U matters of acquisition of ~toperiy fur public use and under `~et•~-on 2 }.344 l~,7 tc~ discuss contract ne,gc~tiatiun5 and other legal matters t.~uirir~g the advice cif lct;al counsel. ~o~M _17 ~~.:••37~. `Supervisor Cofer moved the Board enter executive session for the reasons , stated by the County Attorney. The motion was `adopted unanimously (S-0). Upon returning to open session, Supervisor Cofer moved the Board adopt .the following resolution: ~FRTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an, executive meeting on this date: pursuant to an affirmative recorded vote .and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted -in conformity with Virginia law; NOVtiI, THEREFORE, BE IT' RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public ...business matters lawfully exempted from open meeting requirements by .Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only uch public .business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board. of Supervisors. 3S~.TE AYES: S . NAYS: U ABSENT. DURING VOTE: 4 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0), Supervisor:: Cofer moved the Board authorize the Director of Public Utilities and the County Attorney' to negotiate with. the first choice of the consulting firms for design of the pump stations. The motion' was-adopted unanimously (5-0). Supervisor Spady moved the Board grant the extension request by Gaskins Construction Company for .the animal shelter renovations. The motion was adopted unanimously (5-0). l/ 16 1 i 1 1 1 6041' 17 •~15 At 5:45 p.m., Supervisor Cofer moved the Board Adjourn. The motion was adoptcd unanimously (5-4). .Henry H. Brndby, Chairman W. Dou as skey, Cler 17 l