Loading...
10-01-1992 Regular Meetingf6 ' BOCK ~5 .R"!' ~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED AND NINETY TWO PRESENT: Henry H. Bradby, Chairman Steve W. Edwards, Vice Chairman Malcolm T. Cofer . O. A. Spady _ ABSENT: Joel C. Bradshaw, Jr. Also Attendin : H. Woodrow Crook, Jr., County Attorney g 'strator Myles E. Standish, County Admini ~~ W. Douglas Caskey, Assistant County Administrator/Community Development ssistant to the Donald T. Robertson, A County Administrator Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:00 p.m. and noted b ns of Main Street Ba tist Church of Do e resence of Reverend Arin P th y P Smithfield who delivered the invocation. // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, presented the Board with new State maps. Mr. Neblett reported to the Board that the construction project on South Church Street in Smithfield is now underway and VDOT will begin construction within the next thirty days on .Route 600, Oliver Drive, to eliminate two sharp curves between Route 10 and Longview Road. Mr. Neblett stated he was requested by the County Administrator to provide information to the Board regarding the type of survey VDOT has been requested to perform by the Department on Historic Resources concerning the Route 704 bridge replacement over Jones Creek. Mr. Neblett further stated the Board should now be in receipt of a copy of a Phase II Historical and Architectural Investigation, Bridge 6106, Route 707 over Middle River in Augusta County, .Virginia which is the type of report the Department of Historic Resources would be requesting the County perform. Mr. Neblett continued the project in Augusta County which. was completed by VDOT in July of .1992 is a smaller bridge than the Route 704 bridge in Rescue and that it cost approximately $8,000 to prepare the report. Mr. ,Neblett stated VDOT does not have an architectural historian on. staff and would have to hire a consultant to prepare the necessary information. for the report. Chairman Bradby asked Mr. Neblett if construction would be held up until completion of the required report. Mr. Neblett advised the Board VDOT could not proceed with a public hearing until the required study had been completed and reviewed by the 1 BQPK ~~ ~~;~:' 10 Department of Historic Resources. Chairman Bradby asked Mr, Neblett what would occur if the bridge collapsed before the study was completed and reviewed by the Department of Historic Resources. Mr. Neblett replied that ..would be considered an emergency and would require a different course of action. Supervisor Spady stated he has not had an adequate opportunity to review the study performed in Augusta County which was provided by VDOT and advised he would have comments regarding the matter at a later date. Mr. Neblett advised VDOT is now trying to work out astream-lined process with the Department of Historic Resources, although it is unclear if the matter will be resolved before the County has to proceed with their study. Mr. Neblett further advised that at this point, the study is still required. Supervisor Edwards requested the status of cleaning the ditches at Tynes Corner and also the speed study at Central Hill. Mr. Neblett replied VDOT's District Engineer has been involved in the implementation of the HOV lines, but he should have information for Supervisor Edwards next week on this matter. Supervisor Spady asked Mr. Neblett what could be done to eliminate the rough place on Battery Park Road near Smithfield. Mr. Neblett explained the patching of the road was a result of the contractor making adjustments in the gas line to accommodate the drainage pipe which will be placed beneath the road, but he would speak with the contractor again to see what could be done to eliminate it. Supervisor Cofer noted that VDOT had cut the median. grass on Route 10 near the industrial park where the wild flowers were planted, but questioned why VDOT has not cut the other median areas on Route 10. Mr. Neblett explained that twice a year VDOT mows the "Do Not Mow" areas along the highways and that this was performed at the request of the VDOT District Environmental Engineer. Supervisor Spady stated he traveled .along Route 460 last week and noticed the grass was very high. Mr. Neblett advised VDOT has had equipment breakdowns over the past thirty days and the crews responsible for.. the area of Route 10 were unable to perform the grass cutting as anticipated. Mr. Neblett stated VDOT is now in the process of beginning the final mowing on the primary system and once this is accomplished, VDOT will return to the secondary system before the end of the season. 2 1 a BOCK ~5 ~~: ~~ Chairman Bradby requested the status of the Rushmere Shores area. Mr. Neblett stated as soon as he is able to complete the courthouse work, he will get back with Chairman Bradby on the matter. Chairman. Bradby. called for comments from citizens regarding highway matters. Henry Bell requested aprogress report on Route 681, specifically how. many landowners have signed for the donation of right of way: Mr. Neblett replied Mr. Roberts, Maintenance Manager with VDOT, has been contacting the landowners who live out of the area and, to date, there is one remaining landowner that VDOT has .not received an answer from. Mr. Neblett stated the instruments can be recorded when the remaining signature is obtained. Michael Uzzell requested the status of installing a speed limit sign on Route 636. Mr. Neblett advised there are several roads in the process of being surveyed and it normally takes between six to eight weeks to receive an analysis. Mr. Neblett stated he would advise Mr. Uzzell upon receipt of the -speed study. Supervisor Edwards noted the. presence of Sheriff Phelps and requested the Sheriff's Department pay particular attention to the Central Hill Estates area from the church up while the speed studies are being performed. // Chairman Bradby called for a public hearing on the following ordinance: An Ordinance to Amend Chapter 11, Motor Vehicles and Traffic of the Isle of Wight County Code by Adding Thereto Article IV, Parking Provisions Chairman Bradby called for persons to speak in favor of the ordinance. Marilyn Oliver urged the Board to adopt the ordinance. Chairman Bradby called for persons to speak in opposition to the . ordinance. No one appeared. Chairman Bradby called for comments .from the.. Board. Supervisor Cofer moved the Board adopt the following ordinance: 3 I' AN ORDINANCE TO AMEND CHAPTER 11, MOTOR VEHICLES AND TRAFFIC OF THE ISLE OF WIGHT COUNTY CODE BY ADDING THERETO ARTICLE IV, PARKING PROVISIONS WHEREAS, an act or acts of the General Assembly embodied in Section 46.2-1220 of the Code of Virginia authorizes Isle of Wight County to provide for the regulation of parking within its limits; and, WHEREAS, citizens and law enforcement officers. of said County have requested the Board of Supervisors to adopt parking regulations within the County; and, WHEREAS, the Board of Supervisors of Isle of Wight County deems it to be in the best interests of the citizens of said County to enact certain parking regulations as hereinafter defined. NOW, THEREFORE,. BE IT AND IT IS HEREBY ORDAINED by the Board of. Supervisors of Isle of Wight County,. Virginia, that Chapter 11, Motor Vehicles and Traffic of the Isle of Wight .County Code is hereby amended. by adding thereto as Article IV, Par_nQ, the following: Section 11-23. Stopping on highway generally. (a) No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or mechanical breakdown. In the event of such an emergency, accident or breakdown, the emergency flashing lights of such vehicle shall be turned on, if the vehicle is equipped with such lights and such lights are operating, and a report of the vehicle's location shall be made to the nearest police officer as soon as practicable and the vehicle shall be moved from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay. If such vehicle is not promptly removed, such removal may be ordered by a police officer, at the expense of the owner, if the disabled vehicle creates a traffic hazard. (b) No vehicle shall be stopped except close to and parallel to the right edge of the curb or roadway, except that a vehicle may be stopped close to and parallel to the left curb or edge of the roadway on one-way. streets or maybe parked at an angle in cul-de-sacs and where angle parking is otherwise permitted. (c) No vehicle shall be stopped at or in the vicinity of afire, vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere wiEh police, fire fighters, rescue workers or others whose duty it is to deal with such emergenaes. Any vehicle found unlawfully parked in the vicinity of such fire, accident or area of emergency 4 i 1 ~~ BOOK 15.G,;t ~~ may be removed by order of a police officer or, in the absence of a police officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner, if such vehicle creates a traffic hazard or interferes with the necessary procedures of police, fire fighters, rescue workers or others. whose assigned duty it is to deal with such emergencies. The charge for such removal .shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such. as press, radio and. television, when being used .for the gathering of news, shall be exempted from the provisions of this subsection, except when actually obstructing. the police, fire fighters and rescue workers dealing with such emergencies. r (d) The provisions of this section shall .not apply to any vehicle owned or controlled by the state department of transportation, or the county, while actually engaged in the ~ construction, reconstruction or maintenance of highways. (STATE LAW REFERENCE--Similar provisions,. Code of Virginia, Sec. 46.2-888--46.2-891.) Section 11-24. Stopping on highway by rural mail carriers. (a) The provisions of subsection (a) of section 11-23 shall not apply to any rural mail carrier stopping on the highway while loading or unloading-mail at a mailbox. as to (b) Nothing in this section shall be construed so relieve any mail carrier from civil liability for stopping on any highway, if he is negligent in so doing, and if such negligence approximately contributes to any personal injury or property damage resulting therefrom. (STATE LAW REFERENCE-Similar provisions, Code of Virginia, Sec. 46.2-892) Section 11-25. Stopping on .highway to take on or discharge cargo or passengers. No truck or bus, except a .school bus, shall be stopped wholly or partially on the traveled portion of any..highway in the county. outside of a town for the purpose of taking on or discharging cargo or passengers, unless the operator. cannot leave the traveled portion of the highway with safety. A school bus maybe stopped on the traveled portion of a highway when .taking on or discharging school children, but such stops shall be made only at points where the buscan be clearly seen for a safe distance from~both directions. (STATE LAW REFERENCE--Similar provisions, Code of i Virginia, Sec. 46.2x893) 5 6098 1~ 'i.r~ 2N Section 11-26. Warning signals when vehicle disabled on highway--Flares, torches, etc. (a) Whenever any bus, truck, trailer, house trailer or mobile home is disabled- and stops on any roadway in this county, at any time during which lights are required on motor vehicles, the. operator of such bus, truck, trailer, house trailer or mobile home shall place or cause to be placed on the highway three (3) red flares or torches of a .type approved by the superintendent. One of the flares or torches shall be placed in -the center of the lane of traffic occupied by the disabled vehicle and not less than one hundred (100) feet therefrom in the direction of traffic approaching in that lane,. a second not less than one hundred feet from such vehicle in the opposite direction and a third at the traffic side of such vehicle not closer than ten (10) feet from the front or rear thereof. If such vehicle is disabled within five hundred (500) feet of a curve or crest of a hill or other obstruction to view, the flares or torches in that direction shall be so placed as to afford -ample warning to other users of the .highway, but in no such case less than five hundred (500) feet from the disabled vehicle. Red reflectorized triangular warning devices, of a type approved by the superintendent, may be used in lieu of -flares or torches. (b) If any vehicle referred to in subsection (a) of this section is used for the transportation of inflammable liquids in bulk, whether loaded or empty, or for transporting inflammable gases, red flares or red electric lanterns, of a type approved by the superintendent, shall be used. Such reflectors or lanterns shall be lighted .and. placed upon the. roadway in .the manner provided in subsection (a) of this section. (STATE LAW REFERENCE--Similar provisions, Code of Virginia, Sec. 46.2-111.) Section 11-27. Same--Red flags. (a) .During such time as lights on motor vehicles are not required, red flags, not less than twelve (12) inches both in length and width, shall be used in place of the flares, torches, reflectors or lanterns required by section 11.26. The flags shall be placed upon the roadway in the manner prescribed in section 11-26 for flares, torches, reflectors and lanterns, except that no flag shall be required to be placed at the side of the vehicle. If the disablement of the vehicle continues- into the period when lights on motor vehicles are required, .flares, torches, reflectors or lanterns shall be placed as required by section 11-26. (b) Red reflectorized triangular warning devices, of a type approved by the superintendent, may be used in lieu of the flags required by this section. 6 1 rt (STATE LAW REFERENCE--Similar provisions, Code of Virginia, Sec. 46.2-111.) Section 11-28. Use of all four turn signals when vehicle stopped in hazardous position. fihe operator of a motor vehicle, trailer or semitrailer, .when temporarily stopped on the traveled or paved portion of the highway so as to create a traffic hazard, shall flash all four (4) turn signals simultaneously to signal approaching motorists of the existing hazard, whenever such vehicle is .equipped with a device which will cause. the four (4) turn signals to flash simultaneously. All four (4} turn signals,. may be flashed simultaneously on a vehicle stopped at the scene of a traffic hazard. (STATE LAW REFERENCE--Similar provisions, Code of Virginia, Secs: 46.2-1039, 46.2-1040.) Section 11-29. Brake to be set, motor stopped and wheels turned to curb when leaving vehicle unattended. 4 No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended, without first effectively setting the emergency or parking brake thereon, stopping the motor and turning the front wheels into the curb or side of the roadway. (STATE LAW REFERENCE--Similar provisions,. Code of `Virginia, Sec. 46.2-1071.) Section 11-30. General parking prohibitions..: (a) No person shall park a vehicle, except when necessary to avoid other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk. (2) Within an intersection. (3) In front of a public or .private driveway. (4) Within fifteen (15) feet of a fire hydrant. (5) . On a crosswalk. (6) Within twenty. (20) feet of a crosswalk at an intersection; ~ '~ ~ } i ~ ~o~w 15 rA~~ ?4 provided that, where there is no crosswalk at an . intersection, no person shall park a vehicle within twenty (20) feet from the intersection of curblines or, if none, within fifteen (15) feet of the intersection of property lines. (7) Within thirty (30) feet of any flashing beacon, stop sign or traffic-control signal located at .the side of a roadway. (8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (9) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (10) Within fifteen (15) feet of a driveway entrance to any fire station and, on the side of a street .opposite the entrance to any fire station, within seventy-five (75) feet of the entrance, when properly signposted. (11) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (12) On the roadway side of any vehicle parked at the edge or curb of a street or so as to leave more .than (2) feet between the vehicle and the edge or curb, measured at the .nearest point of .the vehicle to the curb or edge. (13) Upon any bridge or other 8 1 1 1 .5 + . BOAR ~~ ~~'f (~.!J elevated structure upon a highway or within a tunnel or underpass.. (14) At any place where official signs prohibit parking. (b) Law-enforcement. officers may move motor vehicles to any place they may deem expedient without regard to the provisions of this section, when acting in the performance of their lawful duties. .Section 11-3L Restricted parking zones on county-owned property. (a) The County Administrator is hereby authorized and f directed to designate specific areas upon county-owned property to be known as restricted parking zones, where vehicular traffic is such as to require restrictions upon parking of motor vehicles, to designate the types of motor vehicles which. may be permitted to parkin the: restricted parking zones, to designate the time, place and manner in which such vehicles may be parked in restricted parking zones and to make rules and regulations as parking conditions may require in various restricted parking zones and under the varying conditions which may prevail at different times. It shall be the duty of the County Administrator, upon the adoption of such regulations , ..and before the same shall become effective, to give public notice thereof by establishing and posting signs or by other means which may be reasonably adequate to readily inform the operators of vehicles in restricted parking zones of the existence,. nature and requirements of such regulations. (b) It shall be unlawful for any. person to park any motor vehicle of a type or in a manner which violates the provisions of any rule or regulation restricting the. parking of motor vehicles on county-owned property adopted and promulgated in accordance with this section. (STATE LAW REFERENCE--Authority for above section, Code of Virginia, Sect. 46.2-1220.) Section 11-32. Prohibition against parking of vehicle under certain conditions. (a) It shall be .unlawful for any person to park,, keep or permit to be parked or .kept any motor- vehicle, trailer, or semitrailer, in or on any public highway, street, alley, public easement or other public. thoroughfare in the county, or any -other area in the county subject to regulations by the county, unless: 9 ~_~ .. B~~K 15 ~~~~ 2 (1) The motor vehicle shall be currently inspected and approved in accordance with the provisions of the laws of the State; (2) The vehicle shall be currently. registered and licensed to be operated upon the highways of this State in accordance with the provisions of the laws of this State and a valid .state license plate shall be visibly displayed; and, (3) The vehicle shall be currently licensed to be operated upon the highways of the county in accordance with the laws of the county, and the county motor vehicle sticker shall be visibly displayed. Section 11-33. Double parking. Double parking is prohibited on any streets of the county containing curbs. For the purposes of this section, parking a vehicle at such distances from the curb as to allow space for another vehicle between it and the curb shall be deemed double parking. Section 11-34. Parking near scene of fire. It shall be unlawful for the driver of any vehicle to park such vehicle within five .hundred (500) feet of where fire apparatus has stopped. in answer to a fire alarm. This section shall not apply to any fire department responding to such alarm in the performance of its lawful duties. (STATE LAW REFERENCE--Similar provisions, .Code of Virginia, Sec. 46.2-921.) Section 11-35. Parking or standing in fire lanes. (a) It shall be unlawful. for any. person to park or stand a vehicle in any fire lane so designated and marked except as follows: (1) Fire lanes within commercial or school properties may be used for temporary stopping to ..pick up or discharge 1 1 1 10 ~t t J BOOK 1~ -C.".~ (,,, I ,y passengers or supplies; provided that, a vehicle shall be so stopped parallel and immediately adjacent to the curb and a licensed operator shall occupy and be in control of the vehicle while it is so stopped. . (2) Fire lanes adjacent to commercial or business establishments which have no alternate loading zone or rear entrance may be used for temporary .parking by vehicles. engaged solely in loading or unloading supplies or merchandise to or from the establishment, provided the licensed operator of such a vehicle is engaged solely in the loading . or unloading operation. (3) Fire lanes within residential and industrial areas may be used for temporary stopping to pick up or discharge passengers or supplies; provided that, a vehicle shall be so stopped parallel and immediately adjacent to the curb and a licensed operator shall occupy and be in control of the vehicle while it is so stopped.. The placement of a vehicle, #or any purpose, within a fire lane .perpendicular to the curb or edge is prohibited. (b) Any police officer or representative of the fire marshal's office who finds any vehicle in violation of this section shall have the authority to remove such vehicle at the owner's expense. This authority shall extend to any fire or rescue officer in charge of a fire or rescue operation who finds any such violation to be interfering -with such emergency operations. (c) The (members of the County Sheriff's Department) county police are authorized to enter any fire lane. for the purpose of enforcing the provisions of this section.. 11 B~~K ~V ,~~if 28 (d) ' No provision of this section shall -apply to fire, rescue or police vehicles while they axe involved in emergency operations. Section 11-36. Parking for purpose of selling vehicles, goods, wares or merchandise. It shall be unlawful to any person to .park any motor vehicle or automotive equipment on or -along the roads, highways and streets of the county, or within the rights-o# way of such roads, highways and streets, for the purpose of selling or soliciting the sale of, or otherwise displaying or offering for sale, any goods, wares or other merchandise in or from such vehicles, or for the purpose of selling or offering such. vehicle itself for sale. (STATE LAW. REFERENCE--Authority of county to prohibit parking for commercial purposes, Code of Virginia, Sec. 46.2-1224.) Section 11-37. Parking limit for certain commercial vehicles in specified districts. (a) No person shall park or leave unattended, for more than two (2) continuous hours, on or alongside the roads, highways or streets of the county or state in any residentially zoned area of the county or in .any residential subdivision of three (3) or more lots located in an agricultural zoned area, any road tractor, tractor-truck, tractor-truck and trailer, semitrailer or any truck or motor vehicle with gross weight. in excess of ten thousand one hundred (10,100) pounds, where any such vehicle listed above is used for rent or for hire or for other commercial purposes. (b) This section shall not apply to any vehicle, when it is picking up or delivering merchandise or household goods at any location, or when such vehicle is parked or is Ieft unattended in a zone set forth above in connection with the delivery of persons or material to a work site therein. For purposes of this section, the term "work site" shall mean any location where workmen are engaged in the. construction, repair or maintenance of any real estate or personal property. Nor shall this section apply to any bus, either privately or publicly owned, or to motor vehicles carriers when picking up or discharging passengers. Section 11-38. Washing and greasing vehicle on highway or sidewalk. No person shall, for compensation, wash, polish or grease a vehicle upon a highway or sidewalk, nor shall the owner of 12 1 1 1 ~+ .: B~^N ~~ .~„ ?~ a vehicle .permit it to be washed, polished or greased, for compensation, upon ahighway or'sidewalk. Section 11-39. Backing to curb. No vehicle shall be backed up to a curb, except during the time actually engaged in loading or unloading merchandise therefrom.... . Section 11-40. Manner of using loading zones. Where loading and unloading zones have been set apart and regulations governing their use posted on the highways in the county, the following regulations shall apply with respect to the use of such areas: (1) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in .any place marked as a curb loading zone during the hours when the provisions applicable to such zones-are in effect. All delivery vehicles, other than regular delivery trucks, using such loading zones shall be identified by the owner's or company's name in letters located on both sides of the vehicle. (2) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles, when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space. Section 11-41. Manner of using bus stops and taxicab stands. Where a bus stop or taxicab stand has been set apart on any highway in the county, the following regulations shall apply as to the use thereof: No person shall stop, stand or park - a vehicle, other than a bus, in a bus stop, or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately. signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. Section 11-42. Parking on private property generally. No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner ..thereof. Whenever signs or markings have been erected on any lot or lot -area contiguous or adjacent to a highway or alley, 13 p^~~ 15 :~- 3d indicating ~ that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to stop, .stand or park any vehicle in such lot or lot area. Section 11-43. Parking spaces reserved for handicapped persons. (a) All public. parking areas and all privately owned parking areas open to the public, in all subdivisions and other. commercial, industrial developments in the .unincorporated areas of the county, .for. which building permits were issued prior to September 1, 1975, may voluntarily provide handicapped parking spaces, provided that such spaces, and the signage ..therefor, comply with the standards and provisions of Virginia Uniform Statewide Building Code, as amended. (b) With the exception of the foregoing parking areas, handicapped parking spaces and the signage therefore shall be provided in accordance with the standards and provisions of the Virginia Uniform Statewide Building Code, as amended, for all public parking areas and privately owned parking areas open to the public, in all subdivisions .and other commercial, industrial and residential. developments in the unincorporated areas of the county including those completed to date, those presently under conskruction, and those constructed in the future, except for developments expressly exempt from the handicapped parking space requirement under the Virginia Uniform Statewide. Building Code, as amended. (c) For the .purpose of this section, a space reserved for handicapped persons shall be marked by an erected, above- grade sign indicating that the parking space is reserved for handicapped persons. Such erected, above-grade sign shall conform to the standards set forth in the American National Standards Specifications, ANSI-A117.1-1980, as amended, as incorporated in the Virginia Uniform Statewide Building Code, as amended, and all such signs erected after July 1, .1985, shall, in addition, bear a statement of the penalty. for violation of this section established in section 11-45 of this Code, in substantially the following form: "Unlawful parking in this space is subject to a fine of from $50.00 to $100.00." (d) Failure to comply with the foregoing subsections shall constitute a misdemeanor and be prosecuted as a violation of the Virginia Uniform Statewide Building Code, as amended. (e) It shall be unlawful for any nonhandicapped person to park any motor vehicle in a parking space reserved for handicapped persons on any public parking lot or at privately owned parking areas open to the public, except as provided in. subsection (f) of this section. A county police officer or any other authorized law enforcement officer may issue a summons 14 1 [] j~ F1 onrr ~~~ r ^~ for any violation. of this section, without the necessity of a warrant being obtained by the owner of such privately owned parking area., (f) The following motor vehicles may be lawfully parked in parking spaces reserved for the handicapped at public parking areas and privately .owned parking areas open to the public: ' (1) Any motor vehicle registered to a handicapped person which is identified by a decal or distinguishing license plate issued by the division. (2) Any motor vehicle actually being used to transport a handicapped person which displays the distinguishing decal issued by the division. (3) Any motor vehicle registered in any state other than Virginia that displays such other state's .license plate, decal or other device, indicating that the vehicle is registered to, or is being used to transport, a handicapped person. (g) For purposes of this section, the distinguishing license plates and decals issued by the' division shall include, but not be limited to, the following: (1) Disabled veteran (DVO-000). (2) Handicapped person (HPO- 000). (3) Handicapped person license plates displaying ..the international symbol of access. (4) Decals issued by the division for. display on the .sun visor on the driver's side of a vehicle, when the vehicle is .parked in an area reserved for handicapped parking. 15 ~o~x 15•aGC 3~ (h) ~ For purposes of this section, a handicapped person shall be any person certified as being a physically handicapped person by the veterans' administration, the social security administration or the division, or any comparable organization or department of any other state. Section i1-44. Reserved- Section 11-45. Penalty for parking violations; uncontested payment of penalty. (a) Any person convicted of parking a vehicle in violation of any provision of this article, except illegal. parking in a space reserved for handicapped persons, shall be guilty of a traffic infraction .punishable by a fine of not more than one hundred dollars ($100.00) for each offense. (b) Any person convicted of parking a vehicle in space reserved for parking for handicapped persons in violation of section 11-43, shall be subject to a fine of not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for each offense. It shall be no defense to a prosecution hereunder that a sign indicating a handicapped parking space .fails to bear a statement of the penalty for violation of section 11-43, as required thereby, or that such a statement fails. to conform to the requirements of that section. (c) In the event that the defendant elects not to contest the citation issued against him for parking a vehicle in violation of this article, he may, within five (5)-days of receipt of .such citation, pay the minimum fine to the director of finance, Isle of Wight County, or his designated agent. -The director of finance or his designated agent shall collect and account for all sums received in payment of such uncontested citation penalties. (STATE LAW REFERENCE--Authority for, penalties for parking in front of a fire hydrant, near street corner, fire station, etc., Code of Virginia, Sec. 46.2-1239; requirement that ordinance provide £or collection of, and accounting for, .uncontested parking citation penalties by county official, Code~of Virginia, Sec. 46.2-1225.) Section 11-46. Contest of parking citation. If the defendant elects. to contest a citation issued against him for parking a vehicle in violation of this article, he shall, within five (5) calendar days of receipt thereof, notify the sheriff or his designated agent, in writing, of his intent to contest such citation, whereupon the sheriff or his designated agent shall certify, in writing on an appropriate form, to the clerk of the appropriate district court, the defendant's intention to contest such citation. The clerk shall proceed to docket the case as 16 1 1 ~~ ... Bu~K 15 ~~-:~ 33 provided by law. (STATE LAW REFERENCE--Ordinance to provide for certification, to court, of contest of parking citation, Code of Virginia, Sec. 46.2-1225.) Section 11-47. Procedure when parking violator fails to pay uncontested penalty or contests citation. (a) In the event that a person receiving a citation for parking a vehicle in violation of this ordinance does not pay the fine due within five (5) days. and does not notify .the sheriff or his designated agent of his intention. to contest the citation within the same five. (5) days, both as required or permitted by f other sections of this article, the sheriff or his designated agent .shall notify such person, by letter addressed to the person's last - known address, or the address shown for such violator on the records of the division, that he may pay any fine required by law" for such violation within five (5) days of receipt of such notice, and that if he fails to do so, a summons or other appropriate process may issue against him. The notice required by this section shall be sent in an envelope bearing the words ~~ "Law-Enforcement Notice stamped or printed. thereon in letters at least -one-half (1 / 2) inch in height. In the event that such person does not pay any finexequired bylaw within the five (5) days provided herein, .the citation shall be deemed delinquent. (b) If a citation becomes delinquent in accordance with this section, the officer issuing the citation shall promptly be so informed and he shall cause a summons to be issued against the person to whom the citation was issued. In the event the officer issuing the original citation does not or cannot cause a summons to be issued in accordance with ..this section, the sheriff or his designated .agent may cause such summons to be issued. Such summons shall be in a form, and shall be served, as provided by law, and trial thereon shall be trial of the original parking citation.. (c) In the event that a summons is issued as provided hereby, .the person .against whom such- summons. shall have .been issued may avoid such a summons only by paying to the clerk of the district court the minimum fine established for the violation, and the costs required by said clerk. If the prepayment requirements of this subsection .are not complied with, the court shall proceed to hear and determine the case in accordance with law. (STATE LAW REFERENCE--Requirement for notice as provided for in subsection (a), Code of Virginia, Sec. 46.2-941; ordinance to provide for .issuance of summons for delinquent parking citation, Sec. 46.2-1225.) 17 ,~ Section 11-48. Presumption in prosecutions for parking violations. In any prosecution for a parking a vehicle in violation of any provision of this article, proof that the vehicle described in the citation or summons was parked in violation of such provision, .together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, as required by Chapter 12 of Title .46.2 of the Code of Vir-ginia, shall constitute in evidence a rebuttable presumprion that such registered owner was the person who parked such vehicle at the place where, and for the time during which, .such violation occurred. The motion passed unanimously (4-0). // 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, stated the Board was previously presented information regarding three parcels of land within the. Springfield. Downs Subdivision which were in need of grass cutting in accordance with Article III, Section 8-5 of the Isle of Wight. County Code and the Board voted to table the matter to this meeting. Mr. Caskey further stated that since that time, the County has identified three additional properties owned by one individual and advised that two of the previous lots were cut. Supervisor Spady inquired if the County had ever taken this type of action before on property owners who were negligent in cutting their grass. County Attorney Crook stated the County has done this before although he was not sure if it had been done in a subdivision before, Mr. Crook further stated the ordinance was originally prepared because it was a problem in the County. Supervisor Cofer questioned if this :procedure applied to all subdivisions or just when the County was performing inspections. Mr. Caskey replied during inspections, but .the County did receive complaints on other lots and as the Code Inspector inspected the subdivision and cited these particular lots, she also cited other lots in violation. Mr. Caskey stated if the Board preferred, County staff could send an additional notice advising that the Board has authorized the grass to be cut if the grass is not cut within a short period of time. 18 1 1 1 y} f, 1 80~K ~~, r~;:~ 3V Supervisor Spady moved the Board proceed with cutting the grass in the Springfield Downs Subdivision as designated and regarding future properties, requested that the Department of Community Development send an additional letter of notice advising that the Board has authorized the .grass be cut and if it is not, action will then be taken. The motion passed unanimously (4-0). // Chairman Bradby called for the County Attorney's report. County Attorney Crook distributed correspondence to the Board for their information from hirn to William H. Riddick, III dated December 24, 1991 regarding the Jones Creek property. Mr. Crook stated this was pertaining to a property matter and if the Board wished to have discussion on the matter, it would have to be done in executive session. Mr. Crook noted this agreement was reached in December of 1991 before some of the present Board members came on the Board, but it has taken until now to get everything done, including obtaining grants. Mr. Crook advised he has the deed which needs to be accepted by the Board and the Chairman .authorized to sign it so that he can close the transaction tomorrow. Supervisor Spady stated he would need to discuss the matter further before voting. County Attorney Crook stated in addition to this, he would have another matter for executive session as well. County Attorney Crook stated at the previous meeting Supervisor Bradshaw had expressed a concern regarding hunting with rifles in the County and Mr. Crook distributed correspondence dated October 1, 1992 to the Board for their information from him concerning the status of same. Mr. Crook advised that he would mail Supervisor Bradshaw's correspondence to him due to his absence. County. Attorney Crook stated at the previous meeting of the Board, he .was authorized to negotiate with the architect a contract for the renovation of the old Smithfield High School second floor for the Paul D. Camp Community College classrooms and Mr. Crook distributed to the ...Board an update on the status of the contract with William M. Greaves, AIA dated October 1, 1992 between Greaves, Finch & Associates and the Board of Supervisors. of Isle of Wight County. County Attorney- Crook stated at the previous meeting of the Board, he was directed to prepare a resolution on the central purchasing policy. Mr. Crook advised the Board the County currently has a purchasing policy adopted by the Board in 1975, and when the Public Procurement Act was enacted in 1983, counties which had such a policy were exempted up to $10,000 for purchases and since .that time the Statute has been increased to $15,000. Mr. Crook further advised the Board adopted. a resolution in 1983 authorizing the County Administrator as the purchasing agent to make purchases up to $10,000 with certain prescribed methods of advertising and 19 ;. eoc~ 15:~.:~ 3S soliciting prices. Mr. Crook stated as directed by the Board he has reviewed the purchasing policy which he believes is adequate and not contrary to the Public Procurement Act and he would, therefore, recommend to the Board that they adopt the resolution if they wish to change the current am©unt of $10,000. Mr. Crook advised the resolution was prepared with a blank amount as requested by Supervisor Spady. County Administrator Standish advised the Board he has not had an opportunity to review the matter before the meeting today and requested additional time to confer with the County Attorney. Supervisor Spady moved the Board table the matter to the October 15, 1992 meeting of the Board to allow the County Administrator additional time to confer with the County Attorney. The motion passed unanimously (4-0). Supervisor Edwards moved .the Board adopt the following resolution. which was previously forwarded to the Board for their consideration by the County Attorney: RESOLUTION WHEREAS, the County of Isle of Wight has personal property consisting of vehicles and equipment that are no longer serviceable or have been replaced by new equipment and which are no longer needed by the County of Isle of Wight; and, WHEREAS, the Board of Supervisors of Isle of Wight County deems said equipment surplus and desires to dispose of same by method of sale most advantageous to the County. WHEREFORE, it is hereby resolved by the Board of Supervisors of Isle of Wight County, Virginia, that the following. items of equipment and vehicles are deemed to be surplus property: SURPLUS EOUIPMENT AND VEHICLES EQUIPMENT SERIAL &/OR MODEL NUMBER Control Generator Supply 115V Drill Press (Delta) Drill Press (Delta) Delta Wood Lather .Generator. Set Gasoline Engine Output Milling Machine (Powermatic) Milling Machine (Walker Turner) Powermatic Wood Lathe Rockwell Delta Steam Cleaner Table Saw (Delta) Table Saw Green Color Model #46 " Serial #117-1045 Serial #103-2664 Serial #139870 Model #46 Serial #7-2551 Model #50 Serial #1OJ240 Serial #845150 Model #45 Serial #142-205 Model #44C Serial #1268 Serial. #15-6737 Serial #21-4792 Model #71 20 1 [J .•. Bn~r ~5~ .~;:. 37 Table Saw (Walker Turner) Serial #11C?141 Wisconsin 4 Cyl. Engine ~ Serial #2685923 Model #MVG4D VEHICLES VIN NUMBER 1970 Ford Bus White B70FV160663 1973 Ford Bus White B70EV549556 1981 Chevy Malibu. Lt. Green 1G1AT69K6B0413998 1982.Plymouth Reliant White 1P3BP4907CFZ51925 1982 Ford Bronco Blue 1FMEU15F3DLA10034 1987 Ford LTD Crown Victoria 2FABP72G4HX190542 Tan 1987 Ford LTD Crown Victoria 2FABP72G6I-iX190543 Tan 1987'Ford LTD Crown Victoria 2FABP72G8HX190544 - Tan 1988 Ford LTD Crown Victoria 2FABP72F7JX177698 Tan 1988 Ford LTD Crown Victoria 2FABP72F1JX177695 Tan It is further resolved by said Board of Supervisors that the County Administrator of Isle of Wight County, as the Central Purchasing Agent of said County, be and he is hereby authorized to sell said surplus property at public sale after advertising the date, place and terms in a newspaper :.having general circulation in the County of Isle of Wight at least five days prior to said sale and said County Administrator is to report to the Board of Supervisors of the County of Isle of Wight as to .the disposition of said property. - The motion passed unanimously (4-0). County Attorney Crook distributed to the Board correspondence received by him on September 28, 1992 from Virginia. Power regarding Virginia Power recovering their fuel costs and the cost of purchased power. County Attorney Crook distributed correspondence to the Board for ..their information from him to Bryan David dated January 30, 1992. regarding his title examination and certificate for the Jones Creek Landing Partnership. property. County Attorney Crook distributed to the Board a contract of purchase and sale of real estate between Jones Creek Landing Partnership- and the Board of Supervisors of Isle of Wight County. // Chairman Bradby called for the County Administrator's report. Judy Begland, Director of Economic Development, stated one of the Board's legislative priorities is extended area calling, both County wide and 21 other communities in Hampton Roads. Mrs. Begland stated the Chamber of Commerce has. pursued a survey of the County and Alan Monette is present to report to the Board on the matter. Alan Monette, representing the. Isle of Wight/Smithfield Chamber of Commerce, stated a committee was formed last Spring to develop a survey to determine what telephone subscribers. specifically wanted regarding extended area calling. Mr. Monette further stated the results of the survey indicate that subscribers are in favor of seeking extendedarea service. to communities of interest including Isle of Wight, Peninsula and. southside areas of Hampton Roads.: Mr. Monette continued. the next step is to obtain approvals from the State Corporation Commission, as well as negotiate with the telephone company to determine how extended area service can be achieved and, in order to accomplish this, the. Chamber of Commerce is requesting additional authorizing of up to $10,000 to pursue the matter. Mr. Monette stated the State Corporation Commission's current regulations require that there first must be a vote from the community requesting the change and a vote from the community agreeing to the change and that this policy is antiquated and possibly could be looked into. County Attorney Crook stated before the Board appropriates money in the amount of $10,000, a budget should be submitted to the Board reflecting how the money will be spent. Supervisor Spady suggested that a budget be prepared and submitted to the Board and that Alan Monette, County Administrator Standish, the Mayor of Smithfield and the- Mayor of Windsor meet with Ted Morrison, Chairman of the State Corporation Commission to determine if their current regulations can be modified. County Administrator Standish stated a meeting could be arranged within the next two weeks with a report and budget submitted to the Board at their October 15, 1992 meeting. Gerald Gwaltney, Commissioner of the Revenue, stated the next reassessment will begin next Spring and .referred to the steps outlined in the agenda which reflect that an RFP will be solicited January 1, 1993. Supervisor Spady stated he would .like to see the County hire local appraisers to perform appraisals of County property one section at a time which would be an ongoing process, rather than once every four years. County Administrator Standish suggested that the schedule submitted by the Commissioner- of the Revenue 6e followed with a report brought back to the Board at the appropriate time during the process. County Administrator. Standish stated he .had requested Donald Robertson, Assistant to the County Administrator, to work. with the Commissioner of the Revenue to study .several other counties located in Virginia that had similar demographics to Isle of Wight to determine what the potential. fiscal impact would be if .the County adopted a tax exemption program for the elderly and handicapped. County Administrator Standish 1 1 a~~~r, 15 ~~~~~ ~`~ -.further stated the counties studied comprised of Botetourt County, Carroll County and Prince George County and it was determined that the impact would result in a decrease in revenue of approximately $110,000 Supervisor Edwards moved the Board direct County Attorney Crook prepare an ordinance using the Prince George County .ordinance. The motion passed unanimously (4-0). County Administrator Standish stated as requested by :the Board earlier, included in the agenda is the proposed agreement between the County and the Hampton Roads Sanitation District pertaining to the construction of the Route 460 Interceptor Force Main in Windsor. Supervisor Spady moved the Board adopt the following resolution,. approve the following contract, authorize the Chairman to sign the agreement on behalf of the County and that County staff form a committee to meet .with Windsor Town officials to work out the figures of the sewer line to determine if the County can. afford it: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONSTRUCTION OF WINDSOR INTERCEPTOR FORCE MAIN FOR THE COUNTY OF ISLE OF WIGHT WHEREAS, the Board of Supervisors of Isle of Wight County have evaluated the need for and route of the extension of Hampton Roads. Sanitation District service into Isle of Wight County; and, WHEREAS, the Board of Supervisors of Isle of Wight County concur with the Master Plan of Hampton Roads Sanitation District for such service. NOW, THEREFORE, BE IT RESOLVED that the Board. of Supervisors of.Isle of Wght.County do hereby approve the agreement for construction of Windsor Interceptor Force Main for the County of Isle of Wight, and authorize its Chairman to execute the agreement of behalf of the County,. and its clerk to attest to same. AGREEMENT FOR CONSTRUCTION of WINDSOR INTERCEPTOR FORCE MAIN for THE COUNTY OF ISLE OF WIGHT THIS AGREEMENT, between the .County of Isle of Wight (COUN'T'Y) and the HAMPTON ROADS SANITATION DISTRICT (DISTRICT), entered thin day of , 19_ I WITNESSETH: THAT WHEREAS, the COUNTY finds it essential to expedite the. construction of interceptor facilities within .COUNTY as specifically described below; and, ~o~K 15 r~r~ 40 WHEREAS, such facilities constitute interceptor facilities within the normal responsibility of the DISTRICT, but which in its normal course the DISTRICT would probably not. construct in the immediate future;. and, WHEREAS, the DISTRICT agrees to have such facilities rnnstructed provided the .COUNTY is agreeable to certain assurances and guarantees which will make it practicable .for the DISTRICT to proceed at this time with the required construction. NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: I. DESCRIPTION OF FACILITIES In keeping with the policies set forth in the DISTRICT's Development Plan, the DISTRICT will construct: Approximately 51,400 feet of force main beginning at the existing DISTRICT force main at the intersection of Hillpoint Road and Route 32/10 in Suffolk, thence westerly along Route 634 to Route 460, thence westerly .along Route 460 to its intersection with Route 258 in Windsor, Isle of Wight County, as shown on Attachment I. II. CONSTRUCTION OF FACILITIES A. Cost of Construction: The. total cost of the interceptor facilities, as specifically defined by the .plans and specifications for the work, .prepared by or for the DISTRICT and approved by the COUNTY, shall include (a) construction contract costs for the facility; (b) cost of engineering design, construction supervision and inspection; (c) the cost of advertising for bids, review by the DISTRICT consultants, and other miscellaneous essential expense; and (d) the cost of land and rights-of-way acquired for construction from property other than that owned. by the COUNTY or in public rights-of-way; the total amount of these costs to be reduced by any Federal or State grant funds. received for the construction of facilities. The records of these costs shall be available for review by the COUNTY at any mutually convenient time. The cost shall not .include administrative or salary. cost of the COUNTY or the DISTRICT. The. COUNTY's share of the cost of construction is agreed to be calculated at the end of construction as set forth in Attachment II. This covers the full cost of the line in Isle of Wight and the apportioned 24 1 1 j~ 60~r, 15.~.;~ 41 share in Suffolk required due to Isle of Wight flows.. B. Ap.,proval of Plans and Specifications: The DISTRICT agrees that before any construction work is begun under this agreement, it will submit to and secure approval from the COUNTY (in writing) of final plans and specifications for -the work. This approval includes but is not limited to force main size, ,type of material, routing, .and outlets. C. Ownership of Facilities: The facilities constructed hereunder shall be and remain the property. of the DISTRICT. III. OB~.IGATION OF THE DISTRICT A. Collection of Service Charles: The DISTRICT and the COUNTY agree that Wastewater Facility Charges, normally made by the DISTRICT will be charged for Pach new connection served by the lines previously described in Section I. No Facility Charge will be required for the connection of existing facilities which are served by septic tank or other inadequate wastewater.- treatment facilities which are to be abandoned. Wastewater Treatment Charges shall be collected by the DISTRICT in accordance with provisions of the rate schedule in effect at the time of collection. The COUNTY, however, reserves the right to charge and collect facility and service charges as appropriate in addition to the DISTRICT charges. The DISTRICT shall maintain a complete and accurate record of all ..Wastewater Treatment Charge collections and such records shall be available for inspection by authorized representatives of the COUNTY during normal working hours. B. Revenue Credit to the COUNTY: When the DISTRICT begins treatment of flows generated through the facilities described in Section I at its treatment plants, .the DISTRICT agrees to credif the COUNTY, at. the end of each quarterly period, with 70% of all revenues collected by the DISTRICT for Wastewater Treatment Charges from new connections to the aforesaid facilities. Such new connections considered for the 70% credit will. 25 t aoaK 15 ~~,:~ 42 be those located in the County of Isle of Wight. N. OBLIGATIONS OF THE COUNTY: A. Payment to the DISTRICT: The COUNTY agrees to pay to the DISTRICT, at the end of each. quarterly period, one-fourth of the annual interest sum arrived at by multiplying Isle of Wight's share of the cost of construction, as described in Section II, A, by the agreed interest rate of % less the 70% credit to the COUNTY as outlined in Section III, B, above. Payments will begin as of the date of completion of the interceptor and at the time it becomes available for use. B. Future Relocating of Lines: If any of such lines are required to be relocated to accommodate other public projects, relocation shall be at the expense of the project. V. PAYMENT TERMINATION Payment shall terminate when such 70% credits equal the amount of the COUNTY's quarterly payments and such 70% credits have not, for any quarterly period within one year prior thereto, been less than the COUNTY's quarterly payment. VI. NONAPPROPRIATION CLAUSE NOTWITHSTANDING any other provision. of this agreement, it is agreed and understood between the COUNTY and the DISTRICT that no payment shall be due to the DISTRICT by the COUNTY in the event that funds. are not .appropriated by the COUNTY in its annual. budget. IN WITNESS WHEREOF, the COUNTY has caused this agreement to be signed by the Chairman of its Board of Supervisors in its behalf and' its seal affixed and attested by its Clerk of the Board, pursuant to resolution adopted by the County Board of .Supervisors on , 19J and the Hampton Roads Sanitation District Commission has caused this agreement to be signed in its behalf by its General Manager and its seal affixed and attested by its Secretary in accordance ~ti~ith authorization granted at its regular meeting held on _19! The motion passed .unanimously (~-0). County Administrator. Standish advised the Board the prisoners detained. in the Suffolk jail incurred unanticipated extraordinary medical 26 1 i +-. BO~r, 1~ •a..' 43 bills in the amount of $15,591 in the last fiscal year. Chairman. Bradby inquired how many Isle of Wight prisoners were located in the Western Tidewater Regional Jail. Sheriff Phelps replied there were approximately forty two Isle of Wight prisoners being housed at this time. Supervisor Spady noted that one of the prisoners incurred medical expenses in the amount of approximately $13,000 and inquired what happened to this particular individual. Sheriff Phelps stated this individual was a habitual offender and was placed in the jail by the courts on a mandatory sentencing. Sheriff Phelps .explained. that because this individual was not sentenced to more than two years, the Department of Corrections would not house him and it was -then the responsibility of the locality to house and care for the individual for that period of tune. Sheriff Phelps advised the individual has now been released, but he was the individual that was placed in the hospital over the Memorial Day weekend and guarded by the volunteer Auxiliary police for approximately. one, week at no cost to the County. County Attorney Crook stated this is the problem with mandatory sentencing and when this statute was adopted at the. urgency of the insurance. companies, the Commonwealth's attorneys, including himself, argued against it because a Judge does not have any discretion and must place the individual in jail for twelve months.. Mr. Crook advised that the f .State Compensation Board has a fund for extraordinary medical expenses and suggested that the Sheriff submit these medical costs to the Board and the Board seek reimbursement from that fund. Mr. Crook stated the County has the obligation to pay the expenses of its. prisoners, although the County may in turn seek reimbursement. from the State Compensation .....Board. Supervisor Spady pointed out that the prisoner was only in the hospital for ten days at a cost of approximately $11,000 and. questioned if the County could negotiate with the hospital. County Attorney Crook stated after the County has: incurred an expense for a prisoner, the County has the responsibility to pay that expense, although the County does negotiate with hospitals ahead of time for fees for indigent citizens of the County and the County receives set rates by negotiation. County -Administrator Standish stated this issue should not reoccur because the Western Tidewater Regional. Jail is expected to now have expanded medical services beyond the jail physician that the County previously had in the old jail. Supervisor Spady moved .the Board authorize payment of the bills through the unappropriated fund balance and seek reimbursement from the State Compensation Board. The motion passed (3-0) with Supervisor en~K 15 ~~~:~ 44 Edwards abstaining. Alan Nogiec referred to the damage report provided for the Board in the agenda and requested the Board allocate $23,800 to make permanent repairs to the storm-related damage to the roof and ceiling of the Isle of Wight/Smithfield Museum. County Attorney .Crook advised the Board the matter is required to be put out for bids and the Board may wish to see these bids before authorizing any payment. : Supervisor Cofer requested that bids be brought back to the Board for their consideration. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND FOUR. HUNDRED AND SIXTY-EIGHT DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF WASTE MANAGEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a .grant from the Commonwealth of Virginia, Department of Waste Management, for the Litter Control Program; and, WHEREAS,. the funds in the amount of two thousand four hundred sixty-eight dollars ($2,468) from the Commonwealth of Virginia, Department of Waste Management, needs to be appropriated to the Litter Control Program line item in the 1992-93 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two thousand four hundred sixty-eight dollars ($2,468) to be received from the Commonwealth of Virginia, Department of Waste Management, be appropriated to line item 28-5128-5401, Litter Control Program, Supplies 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 #his resolution effect. The motion passed unanimously (4-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THIRTY-SIX THOUSAND DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CHESAPEAKE BAY LOCAL ASSISTANCE BOARD ZS [7 .; B~~K 15 -~~~~ 4 WHEREAS, the Board of Supervisors of the County of Isle of Wight, .Virginia has received a grant from the. Commonwealth of Virginia, .Department of Chesapeake Bay Local Assistance Board for the Chesapeake Bay Preservation Act Program; and, WHEREAS,. the funds in the amount of thirty-six thousand dollars ($36,000) from the Commonwealth of Virginia, Department of Chesapeake Bay Local Assistance Board needs to be appropriated to the Chesapeake Bay Preservation Act Program line item in the 1992-93 budget of the County of Isle of .Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty-six thousand dollars ($36,000). to be received from the Commonwealth of Virginia, Department of Chesapeake Bay Local .Assistance Board be appropriated in the 1992-93 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is .authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The motion passed unanimously (4-0). // Chairman Bradby called for Old Business. There was no old business for discussion by the Board. // ' ness. Chairman Bradby called for New Busi Chairman Bradby presented a plaque from the Lower James River Association in recognition of the County's Comprehensive Land Use Plan. Chairman Bradby requested the Board give consideration to naming the building that houses the E911 equipment after. Harold C. Taylor, Jr., . who was wounded in -the line of duty, and the area that contains the Sheriff's Department after Early E. Blount, Sr., who was killed in the line of auty. Supervisor Edwards suggested Chairman Bradby and Supervisor Spady .form a committee to discuss the matter and bring back a recommendation to the Board. I Supervisor Edwards stated Fred Thompson would .not be able to d o al h h ns an reas t e continuing serving on the Social Services Board. due to moved. that County staff purchase a plaque and prepare a resolution thanking him for his many years of service to the County. The motion .passed :unanimously. (4-0). 29 I 60QK 15:~;:~ 4~ ~~ Chairman Bradby called for Appointments. Supervisor Spady moved the Board appoint Ann Davis Austin for a four-year term on the Walter Cecil Rawls Library Board of Trustees. The motion passed unanimously (4-0). Supervisor Spady. moved the Board appoint Rowland Lewis representing the Newport District.. for a four-year term on the Transportation Safety Committee. The motion passed unanimously (4-0). Supervisor Edwards ..moved the Board appoint Fenton Thomas representing the Windsor District for afour-year term on the Social Services Board. The motion passed unanimously (4-0). // Chairman Bradby called for approval of the September 3, 1992 minutes. Upon recommendation of County Attorney Crook, .Supervisor Cofer moved the Board adopt the September 3,1992 minutes. The motion passed unanimously (4-0). // County Attorney Crook requested an executive session under Sections 2.1-344 A3 and A7 of the Freedom of Information Act for consultation with counsel concerning property acquisition and potential and pending litigation. At 3:30 p.m., Supervisor Cofer .moved the Board go into. executive session for the reasons stated by the County Attorney. The motion passed unanimously (4-0). At 3:54 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 30 _ f J 1 ~~ f~ ao~K 15.~,:~ 47 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 publicbusiness matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 4 NAYS: 0 ABSENT DURING VOTE: 1 "ABSENT DURING MEETING: 1 i The motion passed unanimously (4-0). Supervisor -Cofer moved the Board approve the contract for the purchase of the Jones Creek Landing property and authorize -the Chairman to sign the contract and the deed on behalf of the County:. The motion passed unanimously (4-0). Supervisor Spady moved. the Board authorize the Chairman to sign on behalf of the Board the interrogatories in the Keusal vs. Board of Supervisors' case. The motion passed unanimously (40). Supervisor Cofer moved the Board authorize County Attorney Crook to proceed with the suit against the developer of .Pine Meadows Estates for the improvements. needed to bring the road into the State's system. The motion passed unanimously. (4-0). // At 3:57. p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (4-0). r eery radby, Chairman 31