09-05-1991 Regular MeetingAA
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FIFTH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY
ONE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vfce Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the County
Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 2:00 P.M. The
invocation was delivered by Supervisor Ross.
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Chairman Bradby called for Transportation Matters. .-
MacFarland Neblett, Resident Engineer, Virginia Department o!
Transportation, .stated the construction on Route 661 fn the
Carrollton area was proceeding on schedule and should be completed
in the fall or next spring, weather permitting.
Chairman Bradby called for comments by the Board concerning
highway. matters.
Supervisor Bradshaw requested Mr. Neblett to provide him with
State maps of the County and inquired about the status of the tree
in the highway on Route 641.
Mr. Neblett stated he would provide Supervisor Bradshaw with
a supply of State maps of Isle of Wight County and that the
Virginia Department of Transportation was presently working with
the utility company to remove the tree from the highway.
Supervisor Edwards asked Mr. Neblett to explain the amount of
discretion VDOT has in determining speed limits and to explain what
could be done legally to reduce the speed limit on West Blackwater
Road, Route 603.
Mr. Neblett explained two extensive speed studies had been
accomplished which showed an 85 .percentile speed of 56 mph or 57
mph with the last study showing an 85 percentile speed of 61 mph
or 62 mph. Mr. Neblett stated based on what the 85 percentile
speeds are, the 55 mph speed limit there. now appears to be
reasonable; however, with the 85 percentile speed increasing this
year from last., there was now more of a need to get individuals
back in compliance with the posted 55 mph existing speed limit
before consideration should be given to lowering the speed limit.
Mr. Neblett further stated if the speed limit was set artificially
low, it would create a situation where individuals may not only
disobey that speed zone, but be inclined to disobey other speed
zones in other areas.
Supervisor Edwards asked if Mr. Neblett had any concern about
the enforceability of a speed limit which was considered by VDOT
to be artificially low.
Mr. Neblett replied VDOT did need to have the documentation
to support the establishment of a new speed limit.
Supervisor Edwards stated he understood the legal restraints
Mr. Neblett and the Board were under; however, he had written to
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Sheriff Phelps concerning the enforcement of the 55 mph speed limit
who fiad indicated that his department would be enforcing the speed
limit on this stretch of road.
Supervisor Turner stated he had met with landowners near the
bridge at Rescue which is proposed to be replaced and requested
that the engineering be as close to the existing roads as possible
so that it only disturbs a minimum amount of property involved.
Mr. Neblett stated back in October when he made the
presentation to the Board, the proposed center line was estimated
to be thirty-eight feet from the center line of the existing
bridge. Mr. Neblett further stated at the present time, this is
a reference line and that the location information had been
gathered and is being .put on plan sheets. Mr. Neblett stated once
this is accomplished, VDOT will be able to make adjustments to the
center line.
Chairman Bradby requested the status of the no-parking signs
on Thomas Park Road.
Mr. Neblett replied he was waiting on a response from the
traffic engineer.
Supervisor Turner stated the Zooms store at Benns Church had
two entrances and an entrance and exit 'on both sides. Supervisor
Turner further stated the lines indicating this are worn out and
needed replacement. ~ .
Mr. Neblett stated he would check into the matter.
Chairman Bradby called for citizens with concerns on highway
matters to speak.
Henry Bail, County resident,. requested Route 681 leading from
Route 652 to Route 625 be straightened out due to increased
traffic.
Mr. Neblett stated the project was currently in the six-year
plan with. an estimated start date of June 1994. Mr. Neblett
further stated a problem existed with getting the necessary donated
right of way from one landowner although he would be glad to speak
with the landowner to try to secure the required right of way.
Supervisor .Turner suggested proceeding with securing the other
required signatures and that he would offer to speak. with the
hesitant landowner who he knew personally.
Mr. Neblett stated he would research what has been done to
date and then a meeting could be set up with the landowners to
secure the. necessary signatures for the donated right of way.
Phyllis Bloxom of Rushmere stated coming from Smithfield to
Rushmere near the Barlow's Store there is a small sign indicating
a 45 mph speed limit which may not be large enough to alert
motorists.
Mr. Neblett stated this intersection had been reviewed by VDOT
previously and speed limit studies were conducted. Mr. Neblett
stated this was only an advisory sign and not an enforceable speed
limit sign and he would ask the traffic engineer to again review
the matter.
Grace Keen requested VDOT to cut the grass in the medians on
Route 10 and stated she was concerned about the mail boxes being.
placed on the opposite side of the road from the homes creating
safety hazards for crossing citizens.
Mr. Neblett stated a reduced-mowing policy .was issued from
Richmond and that he must comply with this .policy and that VDOT
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policy allows mail boxes to be placed on the State right of way,
although where the mail boxes were placed is between the postal
service and the resident.
Supervisor Turner requested VDOT to supply the County with
written correspondence regarding the policy of placement of mail
boxes.
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Chairman Bradby called for a public hearing on the following
application:
The application of Natale and Josephine Carollo for a
change in .zoning classification from A-1, Agricultural
Limited to C-B1, Conditional Business General,
approximately 1.5 acres of land located on the southeast
side of Route 258 and the west side of Route 637, at its
intersection, in Newport Magisterial District. The
purpose of the application is for business uses as
conditioned by the applicant.
Chairman Bradby called for citizens to speak in favor.
Cleveland Murphy, architect, stated he was retained by the
Carollos to request the Board's favorable consideration of the
rezoning application. Mr. Murphy stated the plan would limit the
amount of development of the property to less than 67$ with the
buildings designed in a community cluster which represents a
village complex compatible with the architecture of the courthousb.
Mr. Murphy stated parking for the complex would be located in the
back of the complex with a limited access to Highway 258 with a
one-way entrance coming from Windsor and an exit from the property
onto a secondary road controlled by a stop sign to allow traffic
to enter. onto Highway 258.
Chairman Bradby called for citizens to speak in opposition.
S. Ray Turner, adjacent property owner, presented a petition
expressing opposition due to increased traffic, noise, loitering
and poor drainage conditions.
Mills Barlow, nearby property owner, expressed his opposition
to the application for the reasons stated by Mr. Turner.
Chairman Bradby stated he concurred with the recommendation
of the Planning Commission to deny the application and called for
comments by the Board.
Supervisor Edwards stated he also concurred with the
recommendation of the Planning Commission and that he thought this
was not an appropriate place for such a business.
County Attorney Crook stated for the record that service
stations and the taverns were deleted from the application by the
applicant as indicated by letter with the application.
Supervisor Turner stated the opposition expressed today to the
application was not due to growth, but to the fact that the
citizens did not want a restaurant in front of their homes.
Supervisor Edwards moved that the Board accept the Planning
Commission's recommendation and deny the application. The motion
passed unanimously (5-0).
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Chairman Bradby called for Citizens Comments.
Frances Whitley of Zuni stated in the latter part of 1990 she
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negotiated purchasing the property of the old soap factory in ,Zuni
with the burdens and was approached by the Building Inspector and
Code Inspector who informed her she was operating illegally because
the building was unsafe.. Mrs. Whitley continued the burdens then
received a letter requesting them to stop operation immediately,
which was done. Mrs. Whitley stated she then contacted the
Building Official, Code Inspector and the Department of Community
Development who .informed her the property is zoned R-1 and, upon
her request, came back and inspected the property indicating the
building was structurally sound. Mrs. Whitley .continued a letter
was then .received. from the Department of Community Development
indicating. items which would have to be done to bring the building
up to code. Mrs. Whitley presented pictures of Fred Bailey's
building site and stated she did not think he had acquired the
pertinent permits for such.
Supervisor Bradshaw commented-that all businesses should be
treated equally.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated that two separate issues were involved in Mrs.
Whitley's concerns. One issue relates to the zoning of the subject
property and the other issue pertains to the structural condition
of the building. Mr. Caskey advised that the County's zoning maps
show the property as being zoned R-1, Limited Residential. After
reviewing County records, it was determined that the zoning of the
property has been R-l since the adoption of the County's zoning
ordinance in 1970. Mr. Caskey stated that a commercial retai l
operation on the property could, therefore, only be permitted as
a legal nonconforming use. He indicated that such would be
considered permissible if the commercial use had been in place at
the time of the County's adoption of zoning and had continued
without interruption for a period not exceeding twenty-four months.
Mr. Caskey stated that Mrs. Whitley .had represented that an
individual had previously used the building as part of an antique
store operation and his staff had determined there had. been a
retail antique store across the highway which had used the subject
building for storage of material. He further stated that the
Office of the Commissioner of Revenue had submitted correspondence
citing the property and building had previously been used for
storage purposes only. Therefore, a commercial retail use on-site
cannot be regarded as a legal nonconforming use of the property.
Mr. Caskey offered to Mrs. Whitley that the County was in the
process of revising the zoning regulations which may result in this
area of Zuni fronting on Route-460 being designated for commercial
use.
Mr. Caskey further stated that the County's Building Official
had made an inspection of the premises and had submitted a letter
to Mrs. Whitley citing the various repairs and renovations needed
to the structure in order for it to be placed in a commercial use
category under the building code.
County Attorney Crook stated the County has hired a Building
Official and Codes Inspector to enforce the ordinances and this
matter should be .decided in court and not by the Board. County
Attorney Crook stated this was an administrative matter to be
handled administratively and if it could not be resolved
satisfactorily, then it could be appealed to court.
Supervisor Turner stated the area may be more of a business
area than a residential area, but the owners would still have to
bring the building up to date with the requirements of the code.
Supervisor Turner then asked if Mrs. Whitley would be agreeable to
doing this.
Mrs. Whitley stated she would not be agreeable to putting a
sewage line and restroom in because she was not in operation seven
days a week or eight. hours a day.
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Supervisor Bradshaw stated it was a State law that restrooms
were not required unless it was a restaurant business and requested
the County Attorney to discuss the situation with the Building
Official.
County Attorney Crook stated he would look .into the matter
with the appropriate officials to see what the situation is, and
if he agrees with all of the County officials, then Mrs. Whitley
has the option of appearing before the Board of Zoning Appeals and
to further pursue the. matter in court.
Mrs. Whitley requested the Board investigate the building
matter of Fred Bailey.
Supervisor Turner stated the Board was now made aware of the
situation and would have the County Attorney review the matter.
William Barrett presented a petition and urged the Board to
reconsider changing the polling place in Carrsville from the Fire
Department back to the Community Center due to traffic concerns.
County Attorney Crook stated the Board of Supervisors allows
the Electoral Board to pick the building that the polls are in
because of the availability of the building. County Attorney Crook
further stated the Electoral Board selected the Fire Department
which is a public building and handicapped accessible. County
Attorney Crook continued once this decision is made, the Justice
Department has sixty days in which to object which means the Board
must wait until a response is received that an objection is not
voiced. County Attorney Crook stated then the Board has fifteen
days to notify the registered voters of the change and if the Board
of Supervisors requests the Electoral Board to return the polling
place to the Carrsville Community house then a letter would have
to be written to the Justice Department advising them of that with
the reasons for it. County Attorney Crook continued the Justice
Department could respond at any time within sixty days and then
the County had to have the fifteen days to notify the voters.
Supervisor Turner stated if the County has a safer location
that can be used, then it would be to the County's benefit to have
a location where individuals want to go to vote. Supervisor Turner
further stated he would be in favor due to the support of the
people in that area that the Board request that the. change be made
and ask the Justice Department to make a ruling on it as soon as
possible.
Supervisor Bradshaw stated he wanted to do what his people
wanted.
Supervisor Turner moved that the Board direct the County
Attorney to write to the Justice Department with copies to the
Electoral Board and State Elections Board requesting that the
change be made in the polling place. The motion passed unanimously
(5-O).
Luther Boone of Zuni stated he was also in favor of changing
the polling place back to the Community Center in Carrsville.
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At 3:50 P.M., Supervisor Ross moved the Board take a ten-
mfnute recess. The motion passed unanimously (5-0).
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Upon returning to open session at 4:00 P.M., Supervisor Ross
moved the Bcsard meeting be continued until after the Public Service
Authority meeting. The motion passed unanimously (5-0).
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At 4:10 P.M., Chairman Bradby called the meeting back to order
and asked for the Community Development report.
W. Douglas Caskey; Assistant County Administrator/Community
Development, stated he had nothing for discussion.
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Chairman Bradby called for the County Administrator's report..<
County Administrator Standish stated several Board members had
.asked about a local general obligation bond issue as opposed to
participating with a Virginia Public School Authority Bond issue
to finance-any new school construction in the County.
Larry Wales, Municipal Advisors,. stated everal years ago the
County had a referendum that now allows the County to sell its
general obligation bonds as if it were a city or town and is not
under the constraints that most counties in the Commonwealth which
have constitut~.onal constraints that require a referendum prior to
selling any debt. Mr. Wales further stated he would like to
address the general obligation bonds first and tell the Board how
the bonds can be sold in various modes. Mr. Wales continued the
County can- go to the general market place and sell general
obligations bonds and structure the debt service schedule as it
desires to meet its projected, operating budgets for the next few
years and have a lesser impact on the ad valorem tax rate. Mr.
Wales stated the second option is that during the construction.
period of schools to go into a short term "bond anticipation'+ note
market and borrow money on a short term basis. Mr. Wales explained
that in doing this, it would defer any principal payments until the
end of the construction period and at -the .same time probably
capitalize interest during that period so it would have a lessened
impact on the tax rate. Mr. Wales stated there are costs that the
County might have to incur with various approaches and in the
general obligation bond issue, the County can structure its issue
with a level principal payment or with level debt service and in
the level principal payment structure, the County would pay -off its
debt service faster than with the level debt servics payment
structure and. the loan is out there longer which would cost more
in interest to service the debt. Mr. Wales stated with the short
term note issue, the County would probably borrow money from twenty
four to thirty months depending upon the construction schedule and
at the end of the period go into the general bond market. Mr.
Wales stated the Board had another option which .was to go to the
Public School Authority which was set up to help counties overcome.
a constitutionally constraint of not incurring debt without a
referendum. Mr.. Wales stated the Public School Authority provides
a fine service for counties and has a double "A" credit rating, and
Isle of Wight County is rated"A" by Moody's and Standard & Poores
which is a very good credit rating. Mr. Wales stated there are
several things about the Public School Authority that are
restrictive which he wanted to review with the Board and then
compare with the General Obligation bond issue. Mr. Wales stated
in entering into a contract with the Public School Authority to
sell bonds, they require a level of principal debt service
.arrangement and that the County join them at the time .that they
select to sell their bonds, which is usually in the fall and
spring. Mr. Wales stated the County loses flexibility in two
areas: .Structuring the debt and the timing in the market place.
Mr. Wales stated he had spoken with Joe Nagle -who is the Debt
Manager for the Commonwealth in the Treasurers office who advises
that they have received applications for over $80 million in school
bonds for the fall sale and that the Public School Authority, under
its trust indenture, is almost at the level that they cannot sell
more than $40 tq $45 million worth of bonds without endangering
their rating. Mr. Wales stated he believed they would be going to
New York next week to the rating agencies and he understood a $13
million application has been filed on behalf of the School Board,
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and that i! the Public School Authority is the route the County
wants to take, that there would be a good possibility that the
County would only be able to sell half the bonds that the County
has applied for in this next sale. Mr. Wales stated he felt
confident that the Public School Authority would maintain its
double "A" rating and the difference between the double "A" rating
for the Public School Authority and the County is not as great as
one would think because of the very fine financial condition the
County is in. Mr. Wales stated if a level principal payment
schedule on the same day was compared, it would probably. have a
quarter of one percent or less interest differential between the
County's bonds and the Public School Authority's bonds.- Mr. Wales
stated if the County wanted to structure its bond issue on a level
debt service basis, the County would increase the life of the issue
outstanding and pay up to one half of one percent more for the
money over the longer term; however, that approach would not impact
the County's tax base quite as heavily. Mr. Wales stated in
comparing the two ratings, the County needs to look at the average
life the bond issue is outstanding to get a fair reflection of
where the County is and the most flexibility is through the
County's general obligation bonds because the County can time the
issue when the County wants to go to market.
Supervisor Turner suggested getting further examples of how
it would affect the tax rate and what the County's situation is as
far as the alternatives.
County Administrator Standish recommended .that before the
Board makes a final commitment to participate in the Virginia
Public School Authority, the Board may want to consider a general
obligation issue which would give the County more flexibility and
reduce the impact on the County's tax rate over the next several
years, and proceed with debt on the County's schedule as .opposed
to the State's schedule.
Supervisor Ross moved the Board direct the County
Administrator to bring two comparative scenarios to the September
19, 1991 Board meeting. The motion passed unanimously (5-0).
Judy Begland, Economic Development Director, stated that two
years ago the Board directed- that an ordinance be drawn that
exempted rehabilitated residential real estate in the County from
taxes on the rehabilitation for a period of five years. Mrs.
Begland recommended that it be extended to commercial and
industrial properties, and consider a 25$ increase in value
threshold to better encourage reinvestment in existing structures.
Mrs. Begland stated that in the two .years that the County has had
the exemption for residential real estate it has not been used.
Supervisor Turner moved that the Director of Economic
Development and the County Attorney prepare a proposed ordinance
to bring back to the Board. The motion passed unanimously (5-0).
County Administrator Standish stated Moody Sanitation, Inc.
would like to lease a portion of the old County landfill and the
terms and conditions of such an agreement are included in the
agenda.
County Attorney Crook advised that the Board needed to publish
notice of a public hearing that the Board is considering leasing
the property under these terms and then prepare the lease and if
there are no other offers consistent with these terms, then it
would be leased to the Moodys.
Supervisor Ross moved that the County Administrator and County
Attorney advertise for public hearing the terms and conditions of
the lease presented by the County Administrator. The motion passed
unanimously (5-0).
Supervisor Turner moved the Board adopt the following
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resolution:
RESOLUTION TO APPROPRIATE TWO THOUSAND EIGHT HUNDRED AND
TWENTY FOUR DOLLARS FROM THE UNION CAMP CORPORATION
FOR THE SCIENCE ON SATURDAY PROJECT
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Science on Saturday Project;.and,
WHEREAS, the funds in the .amount of two thousand eight hundred and
twenty-four dollars ($2,824) need to be appropriated to the School
grant fund in the 1991-92 budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that two
thousand eight hundred and twenty-four dollars ($2,824) be
appropriated to the School grant fund, Science on Saturday Project
line item in the 1991-92 School 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 passed unanimously (5-O).
Supervisor Turner moved the Board adopt the following
~ resolution:
RESOLUTION TO APPROPRIATE SEVENTY THOUSAND ONE HUNDRED
FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE
~. CARRYOVER DROPOUT PREVENTION PROGRAM
. WHEREAS, the School Board of the County of Isle of Wight has
received a -grant for the Carryover Dropout Prevention Program; and,
WHEREAS,. the funds in the amount of seventy thousand one hundred
five dollars ($70,105) need to be appropriated to the School grant
fund in the 1991-92 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 seventy
thousand one hundred five dollars ($70,105) be appropriated to line
item Carryover Dropout Prevention Program in the 1991-92 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 passed unanimously (5-0).
Supervisor Turner moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE FORTY-TWO THOUSAND FOUR HUNDRED
FORTY-NINE DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE
.CHAPTER I SUMMER PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Chapter I Summer Program; and,
WHEREAS, the funds in the amount of forty-two thousand four hundred
forty-nine dollars ($42,449) need to be appropriated to .the School
grant fund in the 1991-92 budget of the County of Isle of Wight,
Virginia.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that forty two
thousand four hundred forty-nine dollars ($42,449) be appropriated
to line item Chapter I Summer Program in the 1991-92 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 passed unanimously (5-0).
Supervisor Edwards moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE ONE HUNDRED SEVENTY-SEVEN THOUSAND SIX
HUNDRED SEVENTY-TWO DOLLARS FROM THE FEDERAL GOVERNMENT FOR
CARRYOVER GRANTS
WHEREAS, the School Board of the County of Isle oP Wight has
received grants for various programs; and,
WHEREAS, the carryover funds in the amount of one hundred seventy-
seven thousand six hundred seventy-two dollars ($177,672) need to
be appropriated to the School grant fund in the 1990-91 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 seventy-seven thousand six hundred seventy-two dollars
($177,672) be appropriated to line item Federal Grants in the 1990-
91 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 passed unanimously (5-0).
Judy Begland stated the theme for the 1991 Virginia State Fair
is the bicentennial of the ratification of the Bill of Rights.
Mrs. Begland continued there would be a caravan of horses to
retrace the historic stretch of road between Williamsburg and
Richmond and on September 21, 1991, the County would present a
scroll that re-commits the community's faith in the. Bill of Rights
which will be placed in the State archives for posterity.
County Administrator Standish presented the Board with a
scroll which would later be circulated in the community for
individual signatures and stated the Board may wish to be present
on Saturday, September 21, 1991 to present the scroll to the
caravan.
• Supervisor Turner moved the Board sign the scroll. The motion
passed unanimously (5-0).
County Administrator Standish stated a public hearing is
required for the Virginia Public School Authority and the public
notice sent by bond counsel specified 2:00 P.M. on September 19,
1991, which should have said 7:00 P.M.
Supervisor Edwards stated the Board could convene at 2:00 P.M.
for public comments and then continue the public hearing until 7:00
P.M. that night.
County Attorney Crook stated the Board could continue the
meeting today until September 19, 1991 at 2:00 P.M.
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Supervisor Edwards asked the County Administrator if he had
heard from Congressman Sisisky's office regarding the census data.
County Administrator Standish stated only an acknowledgement
that Congressman Sisisky had~made an inquiry to the Census Bureau
and to advise that it takes a while for them to respond.
Supervisor Edwards then asked the County Administrator the
status of the Springfield Downs building permit which was issued
during .the Board's moratorium.
County Administrator Standish stated. there was a building
permit application that was considered to be already in the process
at the time the moratorium .was established. County Administrator
Standish explained that the individuals had represented that they
had contracted for a house to be constructed, submitted their
building plans, and proceeded to sell their existing house, all
prior to the moratorium; however, when they made arrangements to
pick up the building permit, they found a moratorium had been put
into effect. County Administrator Standish stated that it had been
considered a unique circumstance and the building permit was
allowed to be issued, and that there had been no other similar
circumstances or exceptions allowed.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated the Board had previously been
presented by the Sheriff's Department a proposal for the project
for an auxiliary police force for the Sheriff's Department which
was referred to him for study.. County Attorney Crook further
stated he had reviewed the proposals and statutes and was ready to
recommend the project to the Board and the procedure would be to
prepare an ordinance and advertise for public hearing.
Supervisor Turner moved the Board direct the County Attorney
prepare an ordinance and advertise for public hearing. The motion
passed unanimously (5-0).
County Attorney Crook stated he would have two matters for
Executive Session later in the meeting.
//
Chairman Bradby called for New Business.
There was no new .business for discussion.
//
Chairman Bradby called for Old Business.
Supervisor Turner stated the Board had previously discussed
considering a tax exemption in the County's ordinance for senior
citizens and requested the status of such.
Supervisor Edwards stated the problem was in determining. what
it would cost the County and that available data to estimate how
many senior citizens there were in the County is not valid.
Supervisor Edwards further stated this information would not be
available until next spring which is why Congressman Sisisky's
office was contacted.
Chairman Bradby read an invitation from the Isle of Wight
Christian Church inviting the Board to join the 100th celebration
anniversary on September 20, 1991.
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Chairman Bradby called !or Appointments.
Supervisor Ross moved the Board reappoint Franklin E. Hall to
the Board of Zoning Appeals representing the Smithfield Election
District. The motion passed unanimously (5-O).
County Administrator Standish stated regarding the Private
Industry Council he was waiting on a recommendation from the
Chamber of Commerce who should recommend at least two potential
appointments of which the Board should select one. County
Administrator Standish further stated this should be accomplished
by the next meeting.
County Administrator Standish stated Bill McKay was appointed
as the County Planner to the Hampton Roads Air Pollution Control
District Committee and, with his resignation, it is recommended
that Bryan David, the new County Planner, be nominated to the
Hampton Roads Air Pollution Control District Committee.
Supervisor Turner moved the Board nominate Bryan David to the
Hampton Roads Air Pollution Control District Committee. The motion
passed unanimously (5-0).
//
Chairman Bradby called for the approval of the August 1, 1991
minutes of the Board.
Upon recommendation of County Attorney Crook, Supervisor Ross
moved the Board approve the August 1, 1991 minutes of the Board.
The motion passed unanimously (5-0)'.
//
County Attorney Crook stated he had two matters for Executive
Session pursuant to Section 2.1-344 A7 of the Freedom of
Information Act for discussion with counsel concerning pending
litigation and pursuant to Section 2.1-344 A3 of the Freedom of
Information Act concerning property acquisition for public use.
County Attorney Crook stated the County Administrator also had a
matter concerning property acquisition for public use.
County Administrator Standish stated he had a matter
concerning consideration of the proposals for health insurance and
discussion with the consultant which may involve .negotiations.
County Attorney Crook said this matter as stated by the County
Administrator did not qualify for executive session discussion
unless .it involved particular employees. He then asked the Board
to take a recess so he could talk to the insurance consultant to
determine whether it could be a matter for executive session.
At 5:05 P.M., Supervisor Turner moved the Board take a five-
minute recess. The motion passed unanimously (5-0).
County Attorney Crook stated he would recommend that the Board
discuss the matter with the consultant in open session.
Sam Rosenthal stated Blue Cross Blue Shield and other carriers
had been contacted regarding health insurance program coverage
offers. Mr. Rosenthal stated before the Board was a report
reflecting the synopsis of the offers received. Mr. Rosenthal
stated he would recommend the Blue Cross Blue Shield program which
has agreed to give County employees the option of selecting three
options with the rates becoming effective October 1, 1991.
Supervisor Turner moved the Board authorize Mr. Rosenthal to
continue negotiations with Blue Cross Blue Shield under the three-
tier program and report back to the Board on September 19, 1991.
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~5
~~~'
//
At 5:10 P.M., Supervisor Edwards moved the Board go into
Executive Session. for the reasons stated earlier by the County
Attorney. The motion passed unanimously (5-0).
At 5:35 P.M., upon returning to Open Session, Supervisor Ross
moved the Board adopt the following resolution:
~ERTTFTCATTON 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, 2.1-344.1 of the Code of Virginia requires a
certification by this Board of Supervisors that such executive
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and iii)
only such public business matters as were identified in the. motion
convening the executive meeting were heard,. discussed or considered
by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
//
At 5:3.5 P.M., Supervisor Ross moved the Board continue the
meeting to 2:00 P.M., September 19, 1991. The motion passed
unanimously (5-O).
r
Henry H. Br by, Chairman
Myles
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