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09-05-1991 Regular MeetingAA 8e~?K ~~ %AGL ~`4 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. // 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 1 ~. .: BooK ~_~~aG` ~~) 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 2 aa~K. 14~ ~r ~.~ 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. // 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). // Chairman Bradby called for Citizens Comments. Frances Whitley of Zuni stated in the latter part of 1990 she 3 ~o~K _t4~~:,_ :~7 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. 4 eoaK 14~~~,- 18 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. // At 3:50 P.M., Supervisor Ross moved the Board take a ten- mfnute recess. The motion passed unanimously (5-0). // 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). // 5 ,. 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. // 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, 6 ~+ 8oe~ ~4 ~~r' ~~ 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 7 ~i fA1 1 /n 8~l'K J_ ih~~r F.~~ 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. s aoe~ ~.4~~~ ?~ 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. 9 .: .~ sooK 14 r:~.~ `%3 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. // 10 ' r 800K 1 vG~' ~~ 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. 11 ~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 12