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06-18-1992 Regular Meeting,: REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD .THE EIGHTEENTH DAY OF JUNE IN THE YEAR NINETEEN HUNDRED NINETY TWO PRESENT: Henry H. Bradby, Chairman Steven W. Edwards, Vice Chairman Joel C. Bradshaw, Jr. Malcolm T. Cofer O. A. Spady 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 7:06 p.m. Supervisor Bradshaw delivered the invocation. // Chairman Bradby called for Citizens Comments. No one. appeared. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following applications for the Board's consideration: 1. Application for a Conditional Use Permit by Leon S. .Bunch, Jr., to continue the location of a mobile. home for #wenty-four (24) months while completing the construction of his residence on a total of 5.188 acres of land located off of Sugar Hill Road (661) at 15358 Bro-gan Lane in Newport Magisterial District. Mr. Caskey stated the original Conditional Use Permit was initially approved by the Board in November of 1985 for a period of thirty-six months and an extension was approved by the Board in July of 1989 allowing for an additional thirty-six months for placement of the mobile home. Mr. Caskey further stated no. one appeared in opposition to the application when the matter was considered by the .Planning Commission and the Planning Commission voted unanimously. to recommend approval for the period requested by the applicant with the condition that the mobile home be removed from the property once the Certificate of Occupancy is issued for the permanent.. dwelling. ,eooN 14 y~~~276~ Supervisor Spady stated he was present at the Planning Commission meeting and spoke with the applicant's father who had planned to help with the construction of the home, but had been unable to as of yet, and moved the Board approve the application of Leon S. Bunch, Jr. as recommended by the Planning Commission. The motion passed unanimously (5-0). 2. Application for a Conditional Use Permit by Kenneth W. Bunch to continue the location of a mobile home for thirty-six (36) months while completing the construction of his residence on a total of 3.438 acres of land located off of Sugar Hill Road (661) at 15330 Bro-gan Lane in Newport Magisterial District. Mr. Caskey stated the initial Conditional Use Permit was approved by the Board in April of .1986 for a period of thirty-six months while the applicant initiated and completed construction of his permanent residence. Mr. Caskey further stated the applicant was granted an extension in July of 1989 to allow for an additional thirty-six months and has again requested thirty-six months as part of this application for completion of the home. Mr. Caskey continued the County's Building Official has inspected the property .and made the determination that the property is approximately 50% complete. Mr. Caskey con#inued the Planning Commission when considering this request heard no opposition to the application and voted unanimously to recommend approval for the period requested by the applicant subject to the mobile home being removed immediately upon the issuance of the Certificate of Occupancy for the permanent dwelling. Supervisor Spady moved the Board approve the application of Kenneth W. Bunch as recommended by the Planning Commission. The motion passed unanimously (5-0). 3. Application for a Conditional Use Permit by G. Thomas and Betty J. Alphin to locate a total of four (4) mobile homes, three (3) of the mobile homes to be occupied for no more than six (6) months out of a year and one (1) mobile home to be occupied year round, at the site of the Commonwealth Gin Operation, Buckhorn Drive (Route 610), Windsor Magisterial District. Mr. Caskey stated included in the agenda are conditions proffered by Mr. and Mrs. Alphin which pertain to the placement of the mobile home and the occupancy of the units, specifically the applicant proposes that any Conditional Use Permit issued for the three mobile homes will be used for temporary seasonal workers. Mr. Caskey further stated the Board had previously approved the permits for the placement and operation of the cotton gin. on this same site and the placement of these mobile homes are related to the housing of skilled workers for this proposed use. Mr. Caskey continued the Board of Zoning Appeals at their meeting of June 1, 1992, granted the applicants a variance to the zoning ordinance thereby allowing 1 u t ~. ,.. ao~K ~4 ~~~:~277 ~' four mobile homes to be placed on the same piece of property. Mr. Caskey stated at the time the matter was considered by the Planning Commission there was no opposition presented by the public and the Planning Commission did discuss the application relative to the ,fact that these temporary workers would represent skilled workers required by the cotton gin operation Mr. Caskey continued the Planning Commission also discussed the precise placement of the mobile homes as well as the fact that these units would be in a building envelope located in what has been previously designated as a wooded buffer area and the applicant has represented that there would be no trees removed in terms of the siting of the mobile homes within the buffer area. Mr. Casket' stated the Planning Commission voted unanimously to recommend approval of the application subject to the conditions submitted by the applicant. Supervisor Spady moved the Board approve .the application of G. Thomas and Betty J. Alphin as recommended by the Planning Commission. The motion passed unanimously (5-0). 4. Application for a Conditional Use Permit by John T. Kelly, III, and Brenda D. Kelly, to occupy a mobile home for thirty-six (36) months on 5.108 acres of land located on the north side of Yellow Hammer Road (Route 645) between Windsor Boulevard (Route 460) and Fire Tower Road (Route 644), Hardy Magisterial District. Mr. Casket' stated no one appeared in opposition to the application when the Planning Commission considered the matter and. the Planning Commission voted unanimously to recommend approval of the application to the Board for the period requested with the condition that the mobile home be removed from the property once the Certificate of Occupancy is issued for the permanent dwelling. Supervisor Cofer moved the Board approve the application of john T. Kelly, III and Brenda D. Kelly as recommended. by the Planning Commission. The motion passed unanimously (5-0). Mr. Casket' stated for the Board's information included in the agenda is a Board report which references the recent publication by the Virginia Department of Transportation and tl~e Commonwealth Board of its tentative allocation of funds for Interstate, Primary, Urban and Secondary Highway Systems which. is typically referred to as the Six-Year Improvement Plana Mr. Casket' further stated there are several charts which delineate fiscal year allocations for the Suffolk Transportation District in accordance .with the various highway systems, to include a chart listing the allocation of: secondary highway funds in the Suffolk Transportation District and a summation of primary and urban projects in the County and/or the Town of Smithfield which are contained in the Six-Year Improvement Plan. Mr. Casket' reminded the. Board the secondary projects were reviewed by the Board approximately two months ago with Mr. Neblett, Resident Engineer with the Virginia Department of Transportation. Mr. Casket' reported the Virginia Department of Transportation and the Commonwealth '400 14 :~ec~2~8 Transportation Board will be holding. final public hearings and will publish a final representation of the Six-Year Plan budget in the near future. County Attorney Crook questioned #5, connecting Routes 258 and 260, and stated that he did not know of a Route 260 in the County. County Administrator Standish replied this is the Route 58 Franklin bypass connector which has been recently designated by the Virginia Department of Transportation as the Route 260 connector. County Attorney Crook questioned what #4, Traffic Management System on the James T:iver Bridge, consisted of, i.e., is this a toll booth? Mr. Caskey replied he would check with the Virginia Department of Transportation, but he was confident this was .not a toll booth. County Administrator Standish noted for the Board's information, the funds which have been allocated do not meet the originally requested funds by the Board. County Administrator Standish also noted that the Metropolitan Planning Organization (MPO) voted recently to allow the County to become a full member of the MPO contingent upon final State and Federal sign off which will allow the .County to participate in regional transportation decision making. Mr. Caskey stated in regards to the Count}~s national flood insurance program which is administered locally in the form of amendments made to the County's zoning ordinance, the County'"s enforcement program was recently reviewed by the Bureau of Flood Plain Management and Division of Soil and Water Conservation which is a process where every several years they make an on-site inspection of the County and request copies of documentation as to how the County is administering its flood plain program. Mr. Casket' further stated the County has received excellent remarks from the Division of Soil and Water Conservation Service who had no recommendations for the County to change its current program. Mr. Casket' stated the County has been recently advised by ADC that the County's street name map is complete and on its way to the distribution points in the County. Mr. Casket' then distributed advance copies of the map to the Board. County Administrator Standish noted to-the Board that the Chamber of Commerce is purchasing 10,000 copies of the map for sale to the public in addition to the 10,000 acquired by the County. Mr. Casket' stated the Board was briefed previously that the County is a recipient of an award by the Virginia Chapter of the American Planning Association and that William Cashman with Langley and McDonald who served on the awards committee was present to speak to the Board tonight. William J. Cashman, Senior Associate with Langley and McDonald, •, U~l'r i.~ ~:r~l.r I V presented the Board with the distinguished award and stated there were three levels of award; honorable mention, .meritorious and distinguished. Mr. Cashman further stated distinguished is the highest of the three levels of award and it is presented to the County for the County's Comprehensive Plan. // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated he had previously reported to the Board on the proposed lease for the Health Department and, the problems he had with it. County Attorney Crook further stated he has since prepared a new lease which has been provided to the County Administrator, although he did not know if the new lease had been presented to the land owner for his consideration. County Administrator Standish stated. the lease prepared by the County Attorney has been. reviewed by the land owner and shared with his legal counsel who has no problem with what is proposed by the County Attorney. County Administrator Standish further stated the lease represents 1,500 square feet of office space across the street from the present Health Department facility and proposes that the County lease the space and be reimbursed from the State Health Department to relieve the overcrowded conditions existing at the facility now.. r'ounty Administrator Standish continued the Health Department needs to receive appropriate certification on friable asbestos before proceeding with the matter. County Attorney Crook advised the County needs to have the certification that the building is free of the friable asbestos before finalizing the lease, although the Board could approve .the lease subject to this. County Attorney Crook also advised the date was not included in the lease and this should be included in the document when it is approved. Supervisor Cofer moved the Board approve the following proposed lease subject to a friable asbestos certification: This lease agreement is made and executed on the 18th day of June, 1992, between FRANKLIN EDWARD HALL, 405 Grace Street, Smithfield, Isle of Wight County, Virginia 23430, herein referred to as "lessor", and the BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, Post Office Box 80, .Isle of Wight, Virginia 23397, herein referred to as "lessee". RECITALS The parties recite and declare: A. Lessor is the sole owner of the business premises described below, having office space for lease in such premises. B. Lessee desires to lease office space from lessor for the Isle of Wight County Health Department. ,~ 14 ~R~-? 80 ~~ eon C. The. parties desire to enter a lease agreement- defining their respective rights, duties, and liabilities relating to the premises. In consideration of the mutual covenants contained in this lease agreement, the parties agree as follows: SECTION ONE DESCRIPTION OF PREMISES A. Lessor leases to lessee 1500 square feet of office space of the building known as Hallwood Business Center located at 401-405 Grace Street, Town of Smithfield, County of Isle of Wight, State of Virginia, as shown on the. diagram attached to this lease agreement. as Exhibit A. B. Included in this lease of the aforesaid office space is the use of so much of the parking lot as is needed by lessee for the use of said office space as aforesaid including access to and from Grace Street without limitation or restriction. C. Included with the 1500 square feet of office space hereby leased to lessee, lessee shall have unlimited access and use of the bathroom, hall, closet, and storage facilities located in the rear southeast corner of said building. SECTION TWO TERM The term of this lease agreement shall be for three (3) years, to commence on July 1,1992 and terminate on June 30,1995. Thereafter, until written notice given sixty (60) days prior to the end of the current term, the lease shall continue for additional one (1) year terms until such notice is given. SECTION THREE RENTAL A. Lessee shall pay One Thousand, Two Hundred Dollars ($1,200.00) per month for the term of this lease agreement, payable in advance, due on the first day of each month for the succeeding month's rental. Payments shall be made to lessor at the address specified above. B. On lessee's failure to pay the rental on a timely d the llease shall have the right to terminate this. lease agreement agreement will thereupon be forfeited. SECTION FOUR RESTRICTIONS ON USE { .•. BnaK 14 :~~.?81~ 1 Lessee shall not use or permit the demised premises, or any part of the demised premises, to be used for any purposes other than those set forth in this lease agreement. Lessee shall neither permit on the demised premises any act, sale, or storage that may be prohibited under standard forms of fire insurance policies, .nor use the premises for any such purpose. In addition, no use shall be made or permitted to be made that shall result in (1) waste on the demised premises, (2) a public o.r private nuisance that may disturb the quiet enjoyment of .other tenants in the building, (3) improper, unlawful, or objectionable use, including sale,. storage, or preparation, of food, alcoholic beverages, or materials generating an odor on the premises,. or (4) noises or vibrations that may disturb other tenants. Lessee shall comply with all governmental regulations and statutes affecting the demised premises either now or in the future. SECTION FIVE TAXES Lessor shall pay all real property taxes on the office building and assessments imposed by the County of Isle of Wight- and/or Town of Smithfield, State of Virginia. SECTION SIX ALTERATIONS AND MODIFICATIONS; REPAIRS f1 A. Lessee has inspected the demised premises, and they are -now in a tenantable and good condition. B. Lessee shall take good care of the demised premises and shall not alter, repair, or change the demised premises without the prior, express, and written consent of lessor. C. All alterations, improvements, and changes that lessee may desire shall be done either by or under the direction of lessor, but at the expense of lessee and shall become the property of lessor and remain on the demised premises, except that at the option of lessor, lessee shall, at its expense, remove from the demised premises all partitions, counters, railings, and similarly installed improvements when surrendering the demised premises. D. All damage or injury done to the demised premises by lessee shall be paid by lessee. E. Lessee shall, at the termination of this lease agreement, surrender the demised premises to lessor in as good condition and repair as reasonable and proper use of the premises will permit. F. Lessor shall be responsible for malting all routine repairs and for performing. routine maintenance. SECTION SEVEN eooK 14 Y~o~282 ~ r3 MAINTENANCE AND MANAGEMENT OF COMMON AREAS A. Lessor shall maintain the common areas in good condition at all times. Lessor shall be required to maintain all structural elements of the building and all mechanical systems in good condition and repair. B. Common areas, as referred to in this lease agreement, shall mean all of the building in which the demised premises are located, and related land uses and facilities outside the demised premises and available to be used in common by all tenants of the building.. Common areas include, but are not limited to: (1) The land upon which the building is located, sidewalks, loading areas, parking areas and roads; (2) The unexposed electrical, plumbing, and sewage systems upon the property of which the demised premises is a part. (3) Window frames, gutters, and down spouts on the building in which .the demised premises. are located; (4) Exterior brick surfaces, roof, and exterior window surfaces; and (5) Lobbies, corridors, restrooms, and mechanical rooms in the building. SECTION EIGHT LESSEE'S PROPERTY Furnishings, trade fixtures, and equipment installed by lessee shall be the property of lessee and may be removed by lessee at any time during the . term of this lease agreement provided that lessee is not in default under this lease agreement. On termination of this lease agreement, lessee shall remove any such property. Lessee shall repair any damage to the demised premises resulting from the installation or removal of such property. SECTION NINE CONDEMNATION A condemnation of the entire building or a condemnation of the portion. of the demised premises occupied by lessee shall result in a termination of this lease agreement. Lessor shall receive the total of any consequential damages awarded as a result of condemnation proceedings. All future rent installments to be paid by lessee under this lease shall be terminated. SECTION TEN ASSIGNMENT AND SUBLEASE BOCK ~4 %!C!283~ A. Lessee shall not assign any rights or duties under this lease agreement nor sublet the .demised premises or any part of the demised premises, or allow any other person to occupy or use. the demised premises without the prior, express, and written consent of lessor. A consent to one assignment,. sublease, or occupation or use by any other person shall not be a consent to any subsequent assignment, sublease, or occupation ox use by another person. Any assignment or subletting without consent shall be -void. B. This lease agreement shall not be assignable, as to the. interest of lessee, by operation of law, without the written consent of lessor. C. Lessor shall not unreasonably withhold consent to an assignment or sublease of the demised premises by lessee if lessee will provide evidence of the financial responsibility of the intended assignee or sublessee. SECTION ELEVEN BREACH OR DEFAULT Lessee shall have breached this lease agreement and shall be considered in default under this lease agreement if (1) lessee fails to pay any rent when due and does not make the delinquent payment within five (5) days after receipt of notice thereof from lessor, or (2) lessee fails to perform or comply with any of the covenants or conditions of this lease agreement and such failure continues for a period of thirty (30) days after receipt of notice thereof from lessor. 1 SECTION TWELVE EFFECT OF BREACH In the event of a breach of this lease agreement, lessor shall have the right to cancel and terminate this lease agreement, as well as all of the right, title, and interest of lessee under this lease agreement, by giving to lessee not less than thirty (30) days' notice of the cancellation and termination. SECTION THIRTEEN SECURITY DEPOSIT ~~ U' Lessee shall deposit One Thousand,. Two Hundred Dollars ($1,200.00) with lessor as security for return of the demised premises in proper condition at the end of the lease term or on earlier termination and forfeiture as provided in this lease .agreement. Lessor may transfer or deliver the security to any bona fide purchaser of the real property in the event that the property is sold. Lessor shall be discharged from any further liability in reference to the security on giving written notice of that transfer to lessee. SECTION FOURTEEN ,ao~M 14 `~G~2~4 HOLDING OVER If lessee holds possession of the demised premises after the term of this lease agreement, lessee shall become a tenant from month-to-month on the terms specified- in this lease agreement, at a monthly rental of One Thousand, Two Hundred Dollars ($1,200.00) per month payable monthly in advance on the first day of each month. Lessee shall continue to be a month-to-month tenant until the tenancy shall be terminated by lessor, or until lessee has given to lessor a written notice at least one month prior to the date of termination of the monthly tenancy of lessee's intention to terminate the tenancy. SECTION FIFTEEN INSURANCE Lessor shall adequately insure the building and all public or common areas for fire, casualty, hazard and liability. Lessee shall be responsible for insurance on personal property of lessee located within or on the said property for the protection of lessee. SECTION SIXTEEN HEATING AND AIR CONDITIONING Lessor shall maintain the heating, ventilating, and air conditioning system servicing the building in which the demised premises are located. SECTION SEVENTEEN UTILITIES Lessor and lessee acknowledge that utilities for the premises are provided in common (except heat & telephone) with all other office units in the building and are not metered separately.. During the term of this lease, lessee. (leasing approximately 1 / 3 of building) shall be responsible for paying 33% of the monthly expenses for water, sewer, and electricity assessed to the office building and all other utilities, if any, to the demised premises. Lessor shall provide lessee with a bill for 33% of the monthly charges for water, sewer, and electricity for each and every month during the term of this lease. Lessor shall make copies of the monthly utility bills available to lessee for its inspection upon request. Lessee agrees to pay to lessor its monthly utility bill within seven (7) days from receipt. Lessee ' shall be responsible for its own telephone service and heating expense which is gas, separately metered to the 403 Grace Street section of said Hallwood Business Center. SECTION EIGHTEEN LESSEE'S RIGHT TO USE COMMON AREAS A. Lessor gives to lessee and lessee's employees, authorized _. eoc~K 14 ~~~~285~ representatives, and business invitees anon-exclusive right to reasonable use and enjoyment of the common areas. B. Lessee shall be entitled to parking in common with other tenants and lessor upon such terms and conditions as may be established by lessor. C. Lessee, at lessee's expense, shall provide signage, subject to lessor's approval, for reserved parking spaces in ..front of the demised premises. SECTION NINETEEN DAMAGE OR DESTRUCTION A. In the event the demised premises are damaged by fire or other cause, lessor, at lessor's. sole cost and expense, shall, as soon as reasonably possible thereafter, commence repair, restoration, and reconstruction of the demised premises and prosecute it diligently until completion. In the event the damage to the demised premises or the building in which the demised premises are located is of a nature that cannot be repaired, restored., or reconstructed within thirty (30) .days of the date. of damage, or such longer period as may be mutually agreed by the parties, and subject in any event to force majeure, either party may cancel and terminate this lease agreement by giving the other party notice in writing of its intention to cancel this lease agreement no later than ten (10) days after the determination that the repair will reduire more than thirty (30) days to complete, whereupon the term of this lease agreement shall terminate upon the. tenth (10th) day after such notice is given. B. In the event of repair, reconstruction, and restoration by lessor as provided in this section, the rental payable under .this lease agreement shall be abated proportionately with the degree to which lessee's use of the demised premises is impaired during.. the period of such repair, reconstruction, or restoration, unless the damage or destruction was caused by the negligent act or omission of lessee or lessee's agents, employees, or invitees, in which event the provisions of this sentence shall not apply. Lessee shall not be entitled to any compensation or damages for loss of the use of the whole or any part of the demised premises or any injury or interference with lessee's business and / or any inconvenience or annoyance occasioned by such.. damage, repair, reconstruction, or restoration to the demised premises, or the building in which the demised premises are located, unless the damage or destruction was caused by lessor's negligence. SECTION TWENTY NOTICES All notices under this lease agreement shall be in writing and shall be effective when mailed by certified mail, return receipt requested, or when delivered personally to lessor and lessee at their addresses set forth above, or to such other addresses as may be designated by notice. a .8001( ~4r~G~~C7U ~ I SECTION TWENTY-ONE ENTIRE AGREEMENT This lease agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this lease agreement. SECTION TWENTY-TWO MODIFICATION OF AGREEMENT Any modification. of this- lease agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. SECTION TWENTY-THREE SIGNS Lessee may display signs and shingles upon the premises advertising and giving notice of their location. with the prior written consent of the lessor, which shall not be unreasonably withheld. SECTION TWENTY-FOUR COUNTERPARTS This lease agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. The motion passed unanimously (5-0). County Attorney Crook stated regarding correspondence sent to the County Administrator from Jim Windsor relative to delinquent tax attorneys pursuing collection of delinquent personal property taxes which have been delinquent for two months or more, he had discussed the matter with the County Administrator and advised he would need to review the statutes. County Attorney Crook further stated he had since reviewed the statutes because at one time tax collection attorneys could only collect real estate taxes, but there is a statute now that authorizes the governing body to appoint a collector or attorney to collect local taxes other than real estate. County Attorney Crook continued. Bill Riddick and Jim Windsor are proposing that they now collect personal property taxes as well as real- estate taxes in situations where the personal property taxes are over $1,000 and leave it to the Treasurer to collect those under $1,000. County Administrator Standish stated the letter from Jim Windsor also I notes that both attorneys anticipate the costs involved to collect personal a ft ao~~ 14 :~j:~?87 property would be similar to the costs involved in collecting delinquent real estate which is presently costing the County approximately 12% of the amount collected. County Attorney Crook stated this would require a modification of the current contract the County has with the delinquent tax collection attorneys and that the County should seek input from the Treasurer before pursuing the matter further. Supervisor Edwards moved the Board table the matter until the July 2, 1992 meeting and ask the Treasurer to be present to provide his comments on the matter. The motion passed unanimously (5-0). CountyAttorney Crookstated included in the County Administrator's section in the agenda was a letter from the Clerk of Circuit Court regarding the General Assembly amending Section 14.1-133.2 of the Code of Virginia to enable the locality to enact an ordinance imposing a fee of up to $2 on civil cases. County Attorney Crook stated he has not received this statute yet, although he has read. the publication on what the General Assembly did and the County has such an ordinance for criminal and traffic cases which was put in two years ago with aone-year limitation and the General Assembly in 1991 removed the limitation and the ordinance was reenacted last year. County Attorney Crook stated this was not on civil cases because the State IZad not authorized it until now and that money is earmarked for Courthouse construction, renovation and maintenance. County Attorney Crook continued the Clerk of Circuit Court indicated that if the County had such a fee last year, the County would have brought in $982 from the Circuit Court, but if the County adopts the ordinance, it would include the General District Court which has many more civil cases than in the. Circuit Court which would result in much more money. County Attorney Crook stated if the Board desired, when he received the statute, he would prepare an amendment to the existing County ordinance to include civil cases which would require a public hearing. County Attorney Crook stated another matter brought up by the Clerk of the Circuit Court is Section 58.1-1718 which allows a locality to impose a probate tax and the County has never had this tax. County Attorney Crook further stated a probate tax would be 1/3 of one cent on $100 which is a matter the Board may wish to further consider. County Attorney Crook stated he has had .recent conversations with attorneys for the City. of Norfolk. concerning the expansion of the water course through the County. County Attorney Crook explained the City of Norfolk pumps water from Blackwater River and Nottoway River to a point south of Windsor where it comes out of the underground pipes and flows through a stream which in turns runs past property owners and goes under Route 460 to Ennis Pond. County Attorney Crook further explained in the past, the County has had complaints from these property owners regarding flooding of these properties and he had suggested to the City attorney of Norfolk that they take a look at expanding their right of way which would mean buying .additional land from the landowners whose land they are flooding. County Attorney Crook advised the Board they would be hearing ' eao~ 14 :~~-238 from the. City of Norfolk because the right-of-way attorney had inquired whether they needed to appear before the County for approval and he advised they do need approval from the Board of Supervisors under the statutes. County Attorney Crook advised he had received a copy of the agreement concerning the Windsor Fire Department property prepared by the Windsor Town Attorney, but he would need to review the agreement further with the Board before making any public statements. // Chairman Bradby called for the County Administrator's report. County Administrator Standish stated included in the agenda is a bid tabulation sheet illustrating bids received for cleaning services of County facilities. County Administrator Standish further stated this is an annual event and the same. bid process is used each year to select the cleaning firms. County Administrator Standish continued he would like to speak with the County Attorney regarding amulti-year contract so that the County does not have to repetitively bid each year. County Attorney Crook stated the County must comply with the Procurement Act and should bid it for a specific period of time, whether it is for one or two years. and have. a fixed price. County Administrator Standish stated based upon the County Attorney's comments, he would like to recommend that the County consider re-biding this for amulti-year period and that the Board take no action on the matter tonight. County Administrator Standish stated he had spoken with William E. Laine, Jr., Clerk of the Circuit Court who has expressed some concern about removal of the existing sidewalk at the Sheriff's office. County Administrator Standish further stated Mr. Laine has requested that the sidewalk remain for his staff's access to the back of the building which would constitute Change Order #3 dropping to $1,518 which would pay for the driveway up to the back door to facilitate prisoner loading and unloading. County Administrator Standish continued Change Order #4 was presented today in the amount of $150 for the plaque for the building. Supervisor Edwards requested County Administrator Standish to investigate the possibility of regrading the area around the existing sidewalk at the time the new parking lot is constructed. Supervisor Cofer moved the Board approve Change Order #3 in the amount of $1,518 for driveway work and Change Order #4 in the amount . of $150 for the dedication plaque. The motion passed unanimously (5-0). County Administrator Standish stated the school maintenance building and the Poor House Farm have been sharing the same water source and system located at the school maintenance facility. County T~. BOCK ~.'2 ~:~'~~'J~ Administrator Standish further stated the water system was never designed for what it serves now and he would recommend that the Poor 1=louse Farm cease using the school maintenance building's well and put in their own well at a cost of $3,800 to include the well, tank and pump. 1 Supervisor Spady inquired what size well was now serving the school maintenance facility. County Administrator Standish replied he would further investigate the matter and report back to the Board. Supervisor Spady requested County Administrator Standish to further investigate the matter to determine if a new motor can be put in the existing well at the school maintenance building to serve both sites. County Administrator Standish stated Goodman & Company, the County's auditors, have recommended that the Board adopt an investment policy and have proposed that for $3,600 they will analyze the .County's financial situation and the investment procedures of the Treasurer and report back to the Board with a recommendation that the Board could adopt as a policy. 1 Supervisor Spady stated he would like for the matter to be tabled until the. next meeting to allow him additional time to speak with the Treasurer regarding his present investment procedures. Supervisor Cofer moved the matter be tabled until the July 2, 1992 meeting of the Board. The motion passed unanimously (5-0). County Administrator Standish stated for the Board's information, $406,458 has been collected to date by the delinquent .tax collection attorneys at a cost to the County of $49,168 which represents 12% of the amount collected. Supervisor Cofer moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE STALLION COURT INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM 1 WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Springfield Downs Subdivision, Section I, Newport Magisterial District, Isle of Wight, Virginia have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to :acceptance of streets into the State's Secondary Road System. ,. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described streets in the Springfield Downs Subdivision. eooN 14.-~~?~0~ L Stallion Court: Beginning at a point on State Route 602, 0.14 miles north of its intersection with State Route .1420; thence running in a westerly direction, 0.07 miles to a cul-de-sac. Length:. 0.07 miles Right of way: 50 feet Total length: 0.07 miles Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Book No. 13, Pages No. 352, dated June 10, 1988 and is guaranteed. The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE HUNTINGTON WAY (ROUTE 1019) EXTENDED AND BUCKINGHAM WAY INTO THE VIRGINIA STATE SECONDARY ROAD .SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Waterford Oaks Subdivision, Newport Magisterial District, Isle of Wight, Virginia have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System -for maintenance the following described streets in the Waterford Oaks Subdivision. L Huntington Way (Route 1019) Extended: Beginning at a point at the intersection of State Route 1018 and State Route 1019 and State Route 1019 which is 0.32 miles northeast of its intersection with State Route 10; thence running in a southerly direction 0.09 miles to its intersection with Buckingham Way. Length: 0.09 miles Right of way: 50 feet Total length: 0.09- miles 2. Buckingham -Way: Beginning at a point on Huntington Way, 0.09 miles. from its intersection with State Route 1018; thence running in a northeasterly direction 0.31 miles to its intersection with State Route 1020. Length: 0.31 miles 1 1 •t eo~N ~.4;~~.?`.~1~ Right of way: 50 feet Total length: 0.31 miles 1 Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and -are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Book No. 14, Pages 7-13, Slide 387, dated May 8, 1990. The motion passed unanimously (5-0). County Administrator Standish presented an outline to the Board summarizing payments to the City of Franklin under the annexation agreement for revenue sharing. Supervisor Bradshaw requested the Board to look ~t the matter very closely before it is re-considered by the Board in the. future. i~ County Attorney Crook explained this is a revenue sharing .agreement that was negotiated and approved by the Commission of Local Government and approved by the Circuit Court. County Attorney Crook stated the County could have tried an annexation case and possibly lost all the revenue in that area rather than 20%. County Attorney Crook continued the County did not agree with the Commission because it was originally agreed that it would be 15% rather t11an 20%, but the Commission did not feel like Franklin was being adequately compensated for giving up their annexation rights so the matter was renegotiated. County Administrator Standish stated for the Board's information, the Board had previously authorized .the Clerk of the Court to work with Helen King on the development of her history book. County Administrator Standish further stated Mrs. King has now spent ten years working on the book and is currently in the process of editing and will be indexing the book soon. County Administrator Standish continued the Clerk of the Circuit Court will be appearing before the Board sometime after June 30, 1992 to speak about the cost of publication. I/ Chairman Bradby called for Old Business. There was no old business offered for discussion by the Board. // Chairman Bradby called for New Business. There was no new business offered for discussion by the Board. // Chairman Bradby called for Appointments. ' eooM 14 =a~:•2~2 ~ County Attorney Crook advised the Agricultural/Forestal District Advisory Council by statute is required to have four .persons engaged in forestal/agriculture and four landowners not so engaged, the Commissioner of Revenue and a member of the governing body. County Attorney Crook further stated a member of the governing body is required by law and needs to be replaced before the next agricultural/forestal application is submitted. Supervisor Cofer moved the Board appoint Supervisor. Spady to replace Richard L. Turner as .the Board representative on the Agricultural/Forestal District Advisory Council. The motion passed unanimously (5-0). Supervisor Edwards requested County staff check the term for Supervisor Bradshaw on the Social Services Board. Supervisor Cofer moved the Board reappoint Supervisor Spady to the Hampton Roads Planning District Commission for an addi#ional two-year term which will expire in June of 1994. The motion passed unanimously (5- 0). Chairman Bradby moved the Board reappoint Alvin Wilson for an additional five-year term on the Board of Zoning Appeals representing the Hardy District which will expire in May of 1996. The motion passed unanimously (5-0). Supervisor Spady moved the Board reappoint W. G. Yeoman, III on the Industrial Development Authority for an additional four-year term which will expire in April of 1996. The motion passed unanimously (5-0). Supervisor Cofer moved the Board reappoint Sandra Councill on the Walter Cecil Rawls Library Board of Trustees for an additional four-year term which will expire in July of 1996. The motion passed unanimously (5- 0). Supervisor Edwards moved the Board reappoint Larry Willis for an .additional four-year term on the Transportation Safety Committee representing the Windsor District which will expire in March of 1996. The motion passed unanimously (5-0). Supervisor Edwards moved the Board reappoint Chairman Bradby to the Southeastern Virginia Areawide Model Program, Inc., for an additional four-year term which will. expire in May of 1996. The motion passed unanimously (5-0). // Chairman Bradby called for approval of the May 21, 1992 minutes of the Board. Upon recommendation of County Attorney Crook, Supervisor Cofer moved the Board adopt the May 21,1992 minutes of the Board. The motion eoo~ 14 ~r,:?~3 passed unanimously (5-0). // County Attorney Crook requested an executive session under Section 2.1-344 A7 of -the Freedom of Information Act for consultation with counsel and staff concerning acquisition and/or use of property for public purposes. At 8:00 p.m., Supervisor Cofer moved the Board go into executive session for the reason stated by County Attorney Crook. The motion passed unanimously (5-0). At 9:35 p.m., upon returning to open session, Supervisor Edwards moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with .the provisions of-the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive .meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from. open meeting requirements by Virginia law were discussed in the executive meeting to which this. certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion passed unanimously (5-0). Supervisor Spady moved that the County appropriate. for the Fair Committee only $1,000 until the Board receives a more specific request from them. The motion passed unanimously (5-0). // .1 n A nK 14 ~A4~~;?`t BO At 9:40 p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). ___. Henry H. radby, Chairman ~'~ Standish, Clerk