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08-06-1992 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SUCfH DAY OF AUGUST IN THE YEAR . NINETEEN HUNDRED AND NINETY TWO. PRESENT; Henry H. Bradby, Chairman Steve W. Edwards, Vice Chairman Joel C. Bradshaw, Jr. Malcolm T. Cofer O. A. Spady Alsa 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 Cofer. // Chairman Bradby stated Laura Lynn Flattum, Miss Virginia, would not be present at this meeting and called for Transportation Matters. MacFarlane Neblett, Resident Engineer, Virginia Department of Transportation, stated the South Church Street project in Smithfield is now underway which is expected to be complete in June of 1993. Mr. Neblett further stated the Route 620 project over Vellines Swamp was completed on July 22,1992 and is now open to traffic and the project on Route 600, Oliver Drive, would be started in October. Mr. Neblett continued VDOT is now in the process of having the utilities relocated and the low bidder has been determined, although the project has not yet been awarded. Chairman Bradby called for comments from. the Board. Supervisor Bradshaw requested that Route 696, a dirt road, be widened. Mr. Neblett confirmed Route 696 is a dirt road approximately two miles in length between Route 615 and Routeb4l of which VDOT currently has a portion of the right of way secured. Mr. Neblett further stated once the donated right of way has been secured, he would come back to the Board to request their approval to proceed with the project. Supervisor Edwards stated he understood that traffic studies would soon be done on the road at Central Hill between the church going up to Route 620 and requested Mr. Neblett to explain the procedure for , accomplishing such. Mr. Neblett explained when a speed study is performed on a road, the ' 85 percentile speed is determined and VDOT knows that 85% of the drivers i --, ~~~ ,: ., 1 1 90~r ~-~ ~~ 1~ ~~ are going to drive that section of road at a safe speed or below and 15% of the drivers will drive at a speed that will be considered unsafe. Mr. Neblett further stated this raw data is accumulated and the 85 percentile speed is compared with what is considered a safe operating speed. that is determined by a VDOT Traffic Engineer. Mr. Neblett continued if the 85 percentile speed is above this, it shows that-the majority of the people are exceeding the speed limit. Mr. Neblett stated if it is below the 85 percentile speed, then VDOT will look at posting the road at a lower speed. Mr. Neblett further stated this procedure is performed nationwide and it has been proven statistically to be correct. Supervisor Edwards stated regarding the roads in question where he has had concerns, the Sheriff's Department has been contacted concerning particular attention to these roads. Mr. Neblett stated he would send each Board member a brochure on speed limits which would better explain speed limit procedures. I Supervisor Spady requested Mr. Neblett to check into the right of way on the road on Ragged Island near the junkyard. Supervisor Spady stated regarding the bridge in Rescue, the State Department of Transportation has I determined that the bridge needs to be replaced due to unsecure pilings - and moved the Board direct the County Administrator to send a letter or resolution stating that Isle of Wight County is a historical county with many buildings but that the County does not wish to spend additional money to . study the bridge. The motion passed unanimously (5-0). Supervisor Cofer asked. Mr. Neblett why the State has money to I widen the four lanes on Route 10 but cannot cut the grass along the roadway? Mr. Neblett stated VDOT has paved the shoulders of Route 10 to reduce the maintenance of the shoulders which will result in future savings. I Mr. Neblett Further stated regarding grass cutting, a certain amount of funds are allocated for this purpose and he has VDOT standards to follow that allow for primary systems to be cut three times per year and the secondary system to be cut at least once, sometimes, twice a year. Supervisor Spady asked if VDOT could obtain contract cutting? Mr. Neblett replied he could do .this, .although there are no funds. allocated Eor this. Sherlon Lankford re nested VDOT place a speed limit sign on Route 682 and presented a list of names in support of his request. Mr. Neblett stated he would have a speed limit study performed on I the road and look at the density of the residences to see if it would qualify for a 25 mph speed limit sign to be installed. Mr. Neblett further stated he would also get back in touch with Mr. Lankford. Chairman Bradby stated he had received a call from the Central Hill L ao~K 14 ~~.:-~3 ~~ r community advising there was a hole in one of the dead-end roads and requested Mr. Neblett clean the- ditches along this road also. Chairman Bradby advised Mr: Neblett that residents of Rushmere Shores would like to meet with ham on Saturday. Mr. Neblett stated he would meet with the residents of Rushmere Shores on the 15th of August at 12:00 p.m. Supervisor Bradshaw requested the status of repladng the bridge at Bows & Arrows Road. Mr. Neblett stated this would be performed next year. Supervisor Spady stated the hole in the road at Morgans Beach had collapsed again and requested Mr. Neblett have it repaired. // Chairman Bradby called for a public hearing on the following: Consideration by the Board of Supervisors for the Purpose of Setting the 1992-93 Secondary Highway Construction Budget for Isle of Wight County ' Supervisor Edwards stated. the Board had previously directed that Blackwater Road be moved up on the Six-Year. Plan schedule to 1993-94. Mr. Neblett stated the project had been moved up from 1996-97 to. 1993-94 which is when the funding would begin on this project. Supervisor Bradshaw again requested the status of the bridge at Bows and Arrows Road. Mr. Neblett stated the Plan being considered by the Board today is the. One-Year Plan and the bridge at Bows and Arrows Road is listed under the Six-Year Plan. Mr. Neblett further stated there were no funds allocated for this project under this particular Plan. Supervisor Bradshaw requested if Mr. Neblett had additional funds not allocated to a particular project, could he apply these funds to this project so that it could begin as soon as possible.. Supervisor Edwards moved the Board approve the secondary highway construction budget as presented for Isle of Wight County for 1992.93. The motion passed unanimously (5-0). Chairman Bradby called for a public hearing on the following: An Ordinance to Amend Section 15.1-1 of the. Isle of Wight County Code to Add the Assessment of Fees in All Civil Cases for Courthouse Construction, Renovation or Maintenance 1 1 1 if f5 •~ au~K ~_4 .~:~~:35 ~' County Attorney Crook stated this is an ordinance to add a $2 fee in all civil cases. County Attorney Crook further stated the County already has such a fee in criminal and traffic cases and the General Assembly this past year authorized the fee to be added in civil cases. Supervisor Cofer moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND SECTION 15-1.1 OF THE ISLE OF WIGHT COUNTY CODE TO ADD THE ASSESSMENT OF FEES IN ALL CIVIL CASES FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE WHEREAS, the General Assembly of Virginia in 1990 Session, by an Act embodied in Section 14.1-133.2 of the Code of Virginia authorized any county, city or town through its governing body to assess as part of the fees ~ taxed as costs in each criminal or traffic case in a district or circuit court a sum not in excess of two dollars ($2.00) for disbursement by the governing body for the construction, renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the costs of heating, - cooling, electricity and ordinary maintenance; and,. WHEREAS, the Board of Supervisors of the County of Isle of Wight adopted an ordinance on June 7, 1990 as Section 15-1.1 of the Isle of Wight County Code assessing as part of the fees taxed as costs two dollars ($2.00). in each criminal and traffic case; and, WHEREAS the General Assembl of Vir inia by an Act of 1992, ` Chapter 696, added the provision that said fees could be taxed as costs in each civil action filed in the district or circuit courts. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 15-1.1 of the Isle of Wight. County Code, adopted June 7, 1990, amended July 18, 1991,. is hereby amended to add the fees taxed as costs in civil cases so that said ordinance shall hereafter read as follows: Section 15 1 1 Assessment far construction, renovation or maintenance of courthouse or jail and court-related facilities. There is hereby assessed the sum of two dollars ($2.00) in each and every civil, criminal and traffic case filed in the General District Court, the Juvenile and Domestic Relations District Court, and the Circuit Court of Isle of Wight County, Virginia, which shall be collected by the Clerk of said Court in which the action is filed and remitted to the Treasurer of the ' County of Isle of Wight and- held by said Treasurer subject to disbursements by the Board of Supervisors of Isle of Wight County, Virginia, for the construction, renovation or .maintenance of courthouse or jail and court- related facilities and to defray increases in the costs of heating, cooling and .electricity, and ordinary maintenance. ~ ~ a0na. ~.~ '~~`~ a3 The assessment provided for herein shall be in addition to any other fees prescribed by law. The motion passed unanimously (5-0). Chairman Bradby called for a public hearing on the following: An Ordinance to Amend an Ordinance to Increase Fees to Cover Administrative .Costs for Collection of Delinquent Taxes County Attorney Crookstated the County presently has this ordinance under the previous fees of $l0 for delinquent taxes collected subsequent to the filing of a warrant and $15 subsequent to judgment. County Attorney Crook further stated the General Assembly has increased the amount to $2A and $25 respectively and this ordinance is to amend the ordinance the County presently has to increase the fees in accordance with'the statute. Supervisor Spady moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND AN ORDINANCE TO INCREASE FEES TO COVER ADMINISTRATIVE COSTS FOR COLLECTION OF DELINQUENT TAXES. WHEREAS, the Board of Supervisors of Isle of Wight County adopted an ordinance November 6,1986 providing for a fee to cover administrative costs in collection of .delinquent taxes of ten dollars ($10.00) for taxes collected subsequent to the filing of a warrant and fifteen dollars ($15.00) for taxes collected subsequent to judgment pursuant to Section 58.1-3958 of the Code of Virginia which authorized such an ordinance; and, WHEREAS, the General Assembly of Virginia in 1991 amended Section 58.1-3958 of the Code of Virginia to increase the administrative fees allowed to twenty dollars ($20.00) for taxes collected subsequent to the filing of a warrant and twenty-five dollars ($25.00) for taxes collected subsequent to judgment. THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board . of Supervisors of Isle'of Wight County, Virginia, that Section 15-5.1 of the Isle of Wight County Code is hereby amended to read as follows: . Sec 15 51 Fee to cover administrative costs in collection of delinquent taxes. There is hereby imposed on delinquent taxpayers a fee to cover administrative costs associated with collection of delinquent taxes, in the amount of twenty dollars ($20.00) for taxes collected subsequent to the filing of a warrant or other appropriate legal document but prior to judgment and twenty-five dollars ($25.00) for taxes collected subsequent to judgment. // The motion passed unanimously (5-0). J 1 1 i~ ~+ tt ' •~ soon 14 ~~.;-`337 . 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. The application of Loftin Rhodes for a Conditional Use Permit to locate a mobile home for his granddaughter, Natalie R. Butler and family, on sixty-seven (67j acres of land located on the north side of Walters Highway (Route 258) which is between River Run Trail (Route 614) and Bows and . Arrows Road (Route 641) in Windsor Magisterial District. Mr. Caskey stated when the application was presented to the Planning Commission there -was no opposition expressed and the Planning ' Commission voted unanimously to recommend approval of the application to the Board. Supervisor Bradshaw moved the Board approve the applicadon of Loftin Rhodes. The motion passed unanimously (5-0). I 2. The .application of William T. Picott for a Conditional Use Permit to locate a mobile home for his son, Wallace j. Picott, on 65.5 acres of .land .located on the east side of Holly Run Drive (Route 615) which is between Joyner's Bridge Route (Route 611) and Pruden Drive (Route 696) in Windsor Magisterial District Mr. Caskey stated when the application was presented to the Planning Commission there was no opposihon expressed and the Planning Commission voted unanimously to recommend approval of the application to the Board. Supervisor Bradshaw moved the Board approve the. application of William T. Picott. The motion passed unanimously (5-0). 3. The application of Johnnie Bowser Estate fora ' Conditional Use Permit to locate a mobile home for .his daughter, Alberta Diggs and immediate family, on 1.5 acres of land located on.Track Lane, (Route .624) between Old Stage Highway (Route 10) and the Surry County Line in Hardy Magisterial District ~~ S I . ^ BOOM ~_~ •r:'~.)t.1~ .1~' Mr. Caskey stated the Board had initially approved a Conditional Use Permit for the subject property in June of 1974 for the placement of a mobile home. Mr. Caskey further stated in December of 1986 a request was made for the placement of a second mobile home on the property and the Board of Zoning Appeals granted the appropriate variance for the placement of the second mobile home.. Mr. Caskey continued the second mobile home has since been removed and the request today is to replace the second mobile home with a new mobile home. Mr. Caskey stated when the application was presented to the Planning Commission there was no opposition expressed and the Planning Commission voted unanimously to recommend approval of the application to the Board..' Chairman Bradby moved the Board approve the application of Johnnie Bowser Estate. The motion passed unanimously (5-0). 4. The application of Rodney L. and Pamela Arndt for a Conditional Use Permit to continue the location of a mobile home for thirty-six (36) months while constructing a residence on 6.6 acres of land located on Ennisdale Drive (Lot 31) in Hardy Magisterial District ivir. Caskey stated a Conditional Use Permit was originally approved for this property in July of 1989 for. a period of thirty-six months while the applicant was constructing a permanent residence. Mr. Caskey further stated, in that period of time a building permit has not been issued for this property and the applicant made representations to the Planning Commission, when the application was considered, .outlining some difficulties which have prevented him from proceeding with construction of the house. Mr. Casket' continued the Planning Commission voted unanimously to recommend approval of the application 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 residence. Mr. Caskey stated, before the Board is a letter from the applicant stating he would not be able to be in attendance at the Board's meeting and' explaining the situation he has been involved in with the property. Chairman Bradby moved the Board approve the application of Rodney L. and Pamela Arndt. The motion passed unanimously (5-0). // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated at the. July 20, 1992 meeting of the Wetlands Board, the Wetlands Board .discussed the pros and cons concerning the fee for wetlands permits which is presently $500. County Attorney Crook further stated sometimes the wetland permits are for projects which do not cost $500, although. the fee to the County is $500, which results in citizens not seeking permits which causes violations of law. County .Attorney Crook continued the Wetlands Board voted unanimously that he bring to the Board the request that the fee for wetlands applications 7 1 1 f; be reduced to $250.. Supervisor Edwards moved the Board direct the County Attorney prepare an amendment to the ordinance to reduce the fee to $250. The motion passed unanimously (5-0). County Attorney Crook stated pursuant to the Board's direction he prepared a letter to the Windsor Town Attorney requesting changes in the agreement for the Windsor Volunteer Fire Department property and the ,requested changes have been accomplished by the Windsor Town Attorney. County Attorney Crook further stated he now has. the original of the agreement to present to the Board and he recommends the agreement to the Board for adoption and that the Board authorize the Chairman. to sign the agreement. Supervisor Edwards moved the Board approve the agreement and authorize the Chairman to sign it on behalf of the Board. The motion passed unanimously (5-0). County Attorney Crook stated at the July 16, 1992 meeting of the t Board he was requested to prepare a personal property tax proration ordinance which he has prepared and which is being advertised for the September 3, 1992 meeting of the Board. County Attorney Crook further stated he was also requested by Board members, although not officially during the meeting, to prepare asemi-annual .collection of personal property tax ordinance. County Attorney Crook continued he has accomplished this and it is also being advertised for the September 3, 1992 .meeting. Supervisor Bradshaw stated he was against the semi-annual collection of personal property tax because the County is not in need of the money. Supervisor Bradshaw further stated this would result in a hardship on the farmers because the County would be collecting revenues in the middle of ~ the year. County Attorney Crook pointed out that it is a hardship on the rest of the citizens because they are required to pay the entire amount in i December. County Attorney Crook stated the interest of the rest of the citizens need to be balanced against those of a few farmers. Supervisor Bradshaw stated the rest of the citizens receive a regular income. monthly, whereas the farmers' incomes are dependent upon weather conditions. Supervisor Bradshaw further stated this may also be F a hardship on the Commissioner of the Revenue and the Treasurer. Supervisor Bradshaw continued this was similar to an insurance policy in that if .the County did get in a financial bind in the future and needed .funds, it could be used as a windfall to come back to. I Gerald Gwaltney stated the implementation of semi-annual tax collection would be a burden on his department with his present staffing and the current annual processes performed by his department. _~ f 1 1 County Attorney Crook stated the ordinance, if adopted, would go into effect January 1,1993 and. half the taxes would be paid in June and .the other half paid in December so only half of the taxes would be paid early in the year. County Attorney Crook stated this is not a "windfall", not extra money, and the half of the taxes collected in June the County would have benefit of during that period of timz and the interest earned would pay for the additional costs associated with the implementation of the ordinance. w Supervisor Spady stated when the Board chooses to put the ordinance into effect it can determine as to the amount of burden or how much additional work it will entail assuming the County implements the proration of taxes which the Board canalso determine when this will go into effect. Gerald Gwaltney stated when it comes to that time of the year, office personnel are performing income tax, business licenses and decals. Mr. Gwaltney further stated some days are ten-hour days. to meet these deadlines and there is no additional time that office personnel performing these duties can be pulled away to do the assessments. Supervisor Edwards asked Mr. Gwaltney how many additional personnel would be necessary if the Board ultimately .approved the ordinance. Gerald Gwaltney stated he would need to research the matter, but he felt two to three people. Mr. Gwaltney further stated this is more staff than should be added at the Courthouse because there is no place to put them. Mr. Gwaltney continued as far as accommodating the public, if the present form of collection for personal property tax creates a hardship for individuals, the Treasurer has offered in the past to accept advance payments or advised the citizen to set up a Christmas account or a savings account. Supervisor Cofer moved the Board direct the County Attorney to advertise the ordinance for public hearing on September 3, .1992. The motion passed (3-2) with Supervisors Cofer, Spady and Bradby voting for the motion and Supervisors Bradshaw and Edwards voting against the motion. Supervisor Cofer requested the Commissioner of the Revenue to . report back to the Board regarding any additional staffing requirements. County Attorney Crook stated the Board at their previous meeting had approved the amendments to the contracts between the County and the delinquent tax attorneys to pursue collection of delinquent personal property taxes in addition to delinquent real estate taxes. County Attorney Crook further stated these have now been signed by the attorneys and returned to hirn and he will provide copies of each to the Secretary of the Board. County Attorney Crook stated he has contacted the county attorneys for other jurisdictions that. are in the statute which authorizes counties to . 1 J jt have parking ordinances and he has received a number of these ordinances for his review. County Attorney Crook further stated he would soon have a parking ordinance for the Board's consideration. County Attorney Crook stated the Board was in receipt of a letter from Martha Bailey Mundy who is requesting an exemption for hardship from real estate taxes. County Attorney Crook further stated that although he had not thoroughly researched the matter, he did not- believe the Board is authorized to make exemptions for real estate taxes unless the Board. adopts an ordinance and exempts everyone in that particular classification. County Attorney Crook continued the matter should be discussed with the Commissioner of the Revenue to determine if Ms. Mundy is qualified to.be exempt from real estate taxes due to hardship under the present ordinance. Supervisor Edwards .informed the Board he would have a draft ordinance prepared for the Board's consideration concerning real estate tax relief for elderly and handicapped individuals. County Attorney Crook stated he hoped such an ordinance would be presented to him for his review prior to it being brought to the Board since it is his responsibility as County Attorney to prepare the County ordinances.. County Attorney Crook stated he would request an executive session .later in the meeting concerning potential litigation, actual litigation. and acquisition of land for public purposes. // ~I Chairman Bradby called for the County Administrator's report. James Gardner, District Director of the Virginia Cooperative Extension Service, stated due to budget restraints,. one Home Economics Agent would be transferred to the County's Extension Service. in addition to a 4H Agent who would work on a split responsibility between the County and Surry County. Supervisor Spady stressed to Mr. Gardner that the County does not want to lose any additional Extension Service staff unless absolutely necessary. Marvin Powell, Powell Management/Construction Control Corporation, stated regarding the exhibit in the agenda, it indicates over the course of July, August, September and October, approximately $1,300,337 ..will need to be spent with this being cash .out of the. approved budget of $18,637,000 approved by the Board in May of 1992. Mr. Powell further stated this money will primarily be spent on construction for the Carrollton project which they hope to have awarded before or around Labor Day. Mr. Powell continued the other money represents professional fees which have been incurring for several months prior to today's date. Ivir. Powell stated. this money should be made available to the School Board for paying bills for construction fees during the course of the next four months. ;. Supervisor Spady requested that the consultant fees be brokren down as to who gets what percentage. .County Administrator Standish stated if the Board chooses to adopt a resolution appropriating these funds that the Board include the following recommendations: The funds should be transferred to the wnstruction account only as checks are presented for signature by the Treasurer. ' The unused balance .should remain. in the bond proceeds fund accruing interest for that. fund. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE MILLION THREE HUNDRID THIRTY-SEVEN THOUSAND DOLLARS FROM THE 1991 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION. FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of an elementary school; and, WHEREAS, the funds in the amount of one million three hundred thirty-seven thousand dollars ($1,337,000) needs to be appropriated from the 1991 school bond issue proceeds to the school construction fund in the 1992• 93 budget of .the County of Isle of Wight.. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one million three hundred thirty-seven thousand dollars ($1,337,000) from the . 1991 school bond issue proceeds be appropriated to the school construction fund in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, .Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all- the things necessary to give this resolution effect. The motion .passed by unanimous vote (5-0). Mr. Powell stated regarding the second item in the agenda, he would like to review the revised construction budget, excluding Smithfield High School auditorium, .and discuss a $1,451,075 addition to this budget. Mr. Powell further stated Sheet 2 reflects numbers which were approved on May 21,1992 by the Board and the items which were not approved at that meeting is the land purchase for the Windsor High/Middle School, land development costs, auditorium and professional fees far those items, plus the technology update of Smithfield High School. Mr. Powell continued, subsequent to that time, there has been activity occurring on the project and some of the cost figures have been re-figured, specifically money has been 1 1 1 ~i aocn 14 -~:-~4~ .spent on testing and site work in dealing with some of the land purchases ' and land associated costs in addition to dealing with consultant fees and increases to complete some of the additional changes to drawings. Mr. Powell stated some reductions in construction costs have been done and at this point, the County is still within the approved $18,637,000. Mr. Powell further stated some situations are now being experienced which have not been previously budgeted, specifically regarding the Carrollton Elementary School in the increased amount of $419,775 for equipment and land development cost to widen the road leading into the school. Mr. Powell continued regarding the Windsor facility, the first land development cost is a wastewater treatment facility that is estimated potentially as high as $235,000 and stated the Board should. be aware of this upcoming cost. Mr. Powell stated the total land development for the Windsor facility is $265,200 and including the purchase estimate $565,?A0 is what is being requested additionally in the Windsor budget. Mr. Powell further stated regarding the technology addition at Smithfield High School, additional equipment is being requested. at a potential cost of $250,000 and that Item 10 is the architectural/engineering fees associated with that project which was not approved on May 21, 1992 which adds up to $266,100. Mr. Poweil continued Item 11 is an owner's contingency of 1% of the total capital improvement program of $200,000. Mr. Powell stated the total of all items equates to $1,451,075 and requested the Board consider approval of this revision to the budget. Supervisor Spady stated regarding the Carrollton. site, the County should use as much of the equipment. that is now available rather than purchasing new equipment. Supervisor Spady further stated the schools should try to save as much money as possible by using furniture that is suitable for use which we presently have, such as desks,. etc. Dr. York stated all furniture will be utilized, but most of the desks are five to six years old at least which is generally the. lifetime of a student desk. Dr. York stated she hesitated to open a new school and put old furniture which looks bad in it. Dr. York continued what probably needs to be done is accumulate the best of the furniture and leave it at the school in Hardy. .Supervisor Bradshaw stated in order for the County to proceed, the County should contact HRSD and .have them come to the next meeting. Supervisor Bradshaw further stated the County should be working now on bringingsewage into Windsor for the school Supervisor Cofer moved that leaving out Item 5 (land purchase) the . Board approve the amendment to the budget. in principle with the actual figures to be brought back to the Board as soon as possible. The motion .passed unanimously (5-0). - William. E. Laine, Jr., Clerk of Circuit Court, stated it is now time for the. County to select a printer for. Helen King's History of Isle of Wight County and suggested that 1,500 copies of such be printed. Mr. Laine further stated he hopes. that the County will host a signing party for the author, which is usually a good way to get publidty. .~ ~~ eooa ~ 4 :;~;~:34~ ~' • Supervisor Cofer moved the Board approve the request .for SI5,945 with Donning Press and that the money be taken from the County's contingenry fund. The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED FIFTY-TWO THOUSAND FIVE HUNDRED FIFTY DOLLARS FROM THE 19.90 BOND ISSUE PROCEEDS FOR THE WESTERN TIDEWATER REGIONAL JAIL WHEREAS, the Board of Supervisors of the County of Isle of Wight, ' Virginia has approved the construction of the Western Tidewater Regional . jail; and, WHEREAS, the funds in the amount of one hundred. fifty-two thousand .five hundred fifty dollars ($152,550) need to be appropriated from the 1990 Bond Issue Proceeds to the Western Tidewater Regional jail construction line item in the 1992-93 budget of the County of Isle of Wight+ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred fifty-two thousand five hundred fifty dollars .($152,550) from the 1990 Bond Issue Proceeds be appropriated to line item 1403-033-3302-7016, Western Tidewater Regional Jail construction in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED. that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate , accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0): County Administrator Standish stated funds were previously appropriated by the Board for a revolving loan program for Historic Smithfield, Inc., but the program could not be established with local banks. Because of this, Historic Smithfield, Inc. is now requesting that these funds be used to match an equal amount to construct historic stations with prerecorded messages in and around Smithfield. ~ Judy Begland, Director of Economic Development, .stated the viewpoint from Economic Development at this time is to further pursue the revolving loan program. ' Supervisor Spady stated that although the historic stations are great for tourists, he believes the revolving loan program should also be pursued further. Supervisor Cofer stated he would also like to pursue the revolving loan program further. 1 1 ~~ . •. a~~„ a4 ..,.~4 Supervisor Spady moved the Board direct the County. Administrator to advise Historic Smithfield, Inc. by letter that the County prefers to keep the money available for the revolving loan funds. The motion passed unanimously (5-0).. Supervisor Spady moved the Board adopt the following resolution: ' RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND FIVE HUNDRED EIGHTY-ONE DOLLARS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) . FOR AN IN-HOME HEALTH NURSE AT THE ISLE OF WIGHT HEALTH DEPARTMENT - WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a grant from the Southeastern Virginia Areawide Model Program (SEVAMP) for an In-Home Health Nurse at the Isle of Wight Health Department; and, WHEREAS, the funds in the amount of twenty-five thousand Eive hundred eighty-one dollars to be received from the Southeastern Virginia Areawide Model Program (SEVAMP) need to be appropriated to the in- Home Health Nurse salaries, fringe benefits, and travel and training line items in the 1992-93 budget of the County of Isle of Wight.. NOW, THEREFORE, BE IT AND IT I~ HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty- five thousand five hundred eighty-one dollars ($25,581) to be received from the Southeastern Virginia Areawide Model Program (SEVAMP) be appropriated to line item 28-5130-1001, Salaries ($18,705); line item 28-5130- I 1019, Fringe Benefits ($4,476) and line item 28-5130-5501, Travel and Training ($2,400) in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND SIX HUNDRED NINETY-SIX DOLLARS FROM THE COMMONWEALTH OF VIRGINIA AND THE FEDERAL GOVERNMENT FOR SOCIAL SERVICES DEPARTMENT PROGRAMS WHEREAS, the Social Services Department has received additional allocations from the Commonwealth of Virginia and the Federal Government; .and, WIHEREAS, the funds in the amount of twenty-five thousand -six hundred ninety-six dollars ($25,696) to be received from the Commonwealth { f I f BONN 14 ~~:: ~•~~ J of Virginia and the Federal Government need to be appropdat+'d to the Social Services Department 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty- five thousand six hundred ninety-six dollars ($25,696) to be received from the Commonwealth of Virginia . and the Federal Government be appropriated to the following line items in the 1992-93 budget of the County of Isle of Wight: Foster Care ~ $17,694 Independent Living ~ . 2,002 FEMA 6,000 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 for these allocations 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 TWENTY-FIVE THOUSAND SEVEN HUNDRED NINETEEN DOLLARS FOR THE SECTION 8 HOUSING PROGRAM WHEREAS, the Social Services Department of Isle of Wight County, Virginia has contracted with the Virginia Housing Development Authority for administration of the Section 8 Program; and, WHEREAS, the funds in the amount of eighteen thousand seven hundred nineteen dollars ($18,719) to be received from the Virginia Housing Development Authority and seven thousand dollars ($7,000) from the unappropriated fund balance need to be appropriated to the Section 8 Housing Program line item in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE TT AND IT IS .HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that eighteen thousand seven hundred nineteen dollars ($18,719) to be received hom the Virginia Housing Development Authority and seven thousand dollars ($7,000) from the unappropriated fund balance be appropriated to line item Section 8 Housing Program, contracted services in the 1992.93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments in the budget foc this grant and to do all the things necessary to give this resolution effect. The motion passed- unanimously (5-0). J gpnK l~ .c,;~:3~~ 3 County Administrator Standish stated he would recommend the Board approve a transfer in the amount of $2,435 from the contingenry fund to close out the Sheriff's Department and Clerk of Court's budget. Supervisor Edwards moved the Board approve the budget transfers of $330 to the Sheriff's Department and $2,105 to the Clerk of Circuit Court. - The motion passed unanimously (5-0). County Administrator Standish statedthe implementation of the 911 emergency telephone system will require two contractual agreements with GTE, specifically the 911 PSAP Terminal Equipment Lease Agreement and the Enhanced Host Provider Agreement, which the County Attorney. has reviewed and amended. County Administrator Standish stated he would . recommend the approval of the agreements to the Board. . County Attorney Crook stated .GTE has substantially made all the changes he requested and he recommends the. agreements foc the Board's approval. Supervisor Spady moved the Board approve the 911 PSAP Terminal Equipment Lease Agreement and the Enhanced Host Provider Agreement. The motion passed unanimously (5-O). County Administrator Standish stated he would request an executive session later in the meeting for .the Board to interview the top two proposers for architectural services for the second floor renovation to the library at the old Smithfield High School. // Chairman Bradby called for Old Business. There was no old business for discussion by the Board. // Chairman Bradby called for New Business. r Supervisor Edwards inquired of the County Administrator if there had been any recent employee hirings, specifically the Budget & 1~inance Director's vacant position. County Administrator Standish stated regarding the Budget & Finance Director's position, applications have been solicited and reviewed and the position has been offered to an individual. Supervisor Edwards referred to a memorandum written to County I department heads by the County Administrator in early March which stated no positions were to be filled until a detailed explanation of the need for the . vacant position was presented to-.the Board to allow the Board to look at each opening on a case-by-case basis. Supervisor Edwards stated this has not happened in this case.... 9pnK ~~ ..h..r~ ~(O County Administrator Standish stated the need for a County Budget ' ds Finance Director is essential and that he believes this position is critical to the sound fiscal function of the County. County Administrator Standish further stated before the position was created in 1987, the County had to hire the auditor to assist with budget management. Supervisor Edwards stated at a time when the Board is considering decreasing County staff, he believed the Board owed it to the taxpayers to see if the position could be eliminated. County Administrator Standish stated prior to the creation of the Budget & Finance Director's position there were a number of items that were not being done or were not being done correctly. County Administrator Standish further stated he was not aware of any surplus . positions within the County. Supervisor Edwards stated he would like to see the filling of the Budget & Finance Director's position tabled for a period of sixty days to give the Board an opportunity to review the position and see exactly what the County needs and what responsibilities can be assumed by other employees. Supervisor Edwards further stated it was difficult on the Board to have to let employees go at budget time and he felt the Board should take advantage of job vacancies like this to look at the County's overall staffing and use that time as a way to protect the taxpayers. County Attorney Crook stated he must .confirm what the County Administrator is saying as correct. County Attorney Crook further stated ' this position is essential to the County and the County previously spent more money on auditors prior to the creation of this position than this position costs. County Attorney Crook continued the Procurement Act came into effect which must be complied with that requires tremendous effort, such as the preparation of RFPs, bids need to be evaluated, screening has to be performed, as well as the ongoing preparation of the budget which is now on computer. County Attorney Crook stated this position must be filled as soon as possible and next to the County Administrator's position, and the County Attorney's position, the Budget & Finance Director's position is the most important position the County has. Supervisor Spady stated he received, and he assumed the entire Board received, a letter from the County Administrator stating he was going to advertise the vacant position. of Budget & Finance Director. Supervisor Spady further stated if he felt like Supervisor Edwards did, he would have contacted the County Administrator at that time with his concerns. Supervisor Spady continued if the County Administrator had heard from .several Board members voicing concerns about the matter, he would assume the County Administrator would .stop the process, and that he assumed the County Administrator did not hear negatively from any. of the Board members and that is why he proceeded in the matter. Supervisor Edwards stated he did not agree that the best way to handle this matter is to send out letters to the individual Board members and let them call in with their opinion. Supervisor Edwards further stated 1 1 f; t,'}e 80~h ~~± ~~: ~~~~ ~ this is a matter that should be voted on by the Board as an official action rather than consensus. Supervisor Edwards continued each of the Board. members had the right to assume that the County Administrator would act according to his memorandum to County department heads and that he would like to see this happen with the Budget d: Finance Director's . position. County Administrator Standish stated each individual Board member was called and the matter was discussed regarding what he had in mind concerning the position. Supervisor Edward. moved that the Board not. Eill the Budget .& Finance Director's position. at this time and that the matter be tabled for sixty days to allow time to get a detailed report. The motion was defeated (1-3) with Chairman Bradby and Supervisors Cofer and Spady voting against the motion, Supervisor Edwards in favor and Supervisor Bradshaw abstaining. Supervisor Cofer stated the County in March entered into a new concept in the County that the Budget & Finance Director's position , handles, specifically the self-funding insurance agreement. Supervisor Spady pointed out that the financial work performed by the Budget & Finance Director will pile up if the County waits sixty days before filling the position which will make it harder Eor the person filling the vacant position. Chairman Bradby stated he understood Supervisor Edward's position ~ that the County is trying to save money, but the County Attorney has ~ pointed out that. previously the County was spending more money in auditors than it cost to-.fill the position. Chairman Bradby further stated ..someone. is going to have to perform the financial work and to save two months salary would not be worth the sacrifice. Chairman Bradby stated it has been brought to his attention that a 'position in the Treasurer's oEEice for tax collection has been eliminated. Chairman Bradby further stated it was also brought to his attention that this individual was collecting enough delinquent taxes to take care of whatever salary was paid to the individual. Chairman Bradby continued he did not feel it was being fair to the taxpayers of the County to eliminate this position Supervisor Cofer stated the Board had just entered into. a contract with two delinquent tax attorneys to collect delinquent personal property taxes in amounts over $1,000. Beryl H. Perry, Treasurer, stated the position eliminated collected _ mainly delinquent personal property accounts only, but this individual's main job function was to process over 3,000 warrants a yeaz and collected approximately $250,000 in revenue for the County. Supervisor Edwazds ask~edwho is wllecting these revenues for the 1~ I 1 o~~~ ~4.~..~3~6~ B ' County now? ' Mr. Perry replied the work is distributed throughout his staff now. Supervisor Spady requested how much of the $250,000 is one year, two years or three years. Mr. Perry stated most of it is just the prior year which is one year old and 100% of the amount collected goes to the County via the Treasurer.. • Supervisor Spady asked Mr. Perry how much money would be necessary to resume this position. ' Mr. Perry stated approximately $12,000, plus postage and supplies for a full-time position. Supervisor Cofer stated he could not see hiring afull-time employee when the County just hired two attorneys to collect amounts over $1,000. Supervisor Spady requested Mr. Perry to bring the Board monthly reports on expenditures and revenues and report back to the Board on what this individual's position will entail, i.e., how many warrants she issued and how much money she collects. Supervisor Cofer requested the Treasurer keep the line item separate as an income item. Supervisor Spady moved the Board appropriate $14,000 for a position . in the Treasurer's office to collect delinquent personal property taxes under $1,000. The motion passed unanimously (5-0). • // Chairman Bradby called for Appointments. Supervisor Spady moved the Board appoint W. B. Owen to fill the unexpired term of Colonel Oliver Wooster for the Newport Election District on the Social Services Board whose term will expire in July of 1993. The motion passed unanimously (5-0). Supervisor Bradshaw moved the Board reappoint WilliamM. Camp, Jr. to the Industrial Development .Authority for the Carrsville Election District whose term will now expire in April of 1996. The motion passed unanimously. (5-0). // Chairman Bradby called for approval of the July 2,1992 minutes. Upon recommendation of .County .Attorney Crook, Supervisor Cofer moved the Board adopt the minutes as amended to reflect that Steve Edwards was absent only one time on Page 1 of the minutes. The motion ;~~ 3 1 BQOd. passed unanimously (5-0). , /J CountyAttorney Crook requested an executive session under Section 2.1-344 Al, A3 and A7 of the Freedom of Information Act concerning . pending or potential litigation, actual litigation and acquisition of property for public purposes for advice of counsel and staff and for. interviews of potential candidates for professional services of architect for the renovation of the second floor of the library in Smithfield. At 4:25 p.m., Supervisor Cofer moved the Board go into executive session after afive-minute break for. the reasons stated by the County Attorney. The motion passed unanimously (5-0). Upon returning to open session at 5:55 p.m., Supervisor Cofer 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 rnnducted 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 the Board direct the County Attorney respond to the request of the Southeastern Public Service Authority. The motion passed unatimously (5-0). ., // At 6:00 p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). 7 ~. Henry H. Bradby, Chairman Y Myles Standish, Clerk • • ~•