10-15-1992 Regular Meetingsn~K 15 ,G 5~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF OCTOBER IN THE YEAR
NINETEEN HUNDRED NINETY TWO
PRESENT: Henry H. Bradby, Chairman
Steve W. Edwards, Vice Chairman
Joel C. Bradshaw, Jr.
Malcolm T. Cofer
O. A. Spady
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County~Administrator
W. Douglas Caskey, Assistant County
Administrator/ Community. Development
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00 p.m. and
delivered the invocation.
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Chairman Bradby called for Citizens Comments.
There were no comments offered for discussion by the Board.
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Chairman Bradby .called for the Community Development report.
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W. Douglas Caskey, Assistant County Administrator/Community
Development, referred to the Board report. included in the agenda
pertaining to the Isle of Wight County Chesapeake Bay Preservation Area
Ordinance which was adopted by the Board in November of 1990 and has
since been certified by the Chesapeake Bay Local Assistance Board as being
consistent with the State's Chesapeake Bay Preservation Act. 1VIr. Caskey
advised the .County is beginning to see major subdivisions that are. falling
under certain provisions of this Act and because of certain technical
applications within the ordinance, an interpretation of these sections is vital
to the County's enforcement of .its local ordinance. Mr. Caskey further
advised information regarding this matter has been forwarded to the
County Attorney for his review and recommendation on the particular
sections dealing with preservation of the resource protection area,
.particularly the buffer area that is allowed and required in that area.
County Attorney Crook- advised the Board the matter should be
referred to the Planning Commission for examination and determination of
whether the policy is recommended. Mr. Crook further advised he had
reviewed the matter briefly and wanted to meet with the Department of
Community Development to discuss it .further. Mr. Crook stated matters
involving the Chesapeake Bay Preservation Area in the past had gone to the
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.Planning Commission before the Board of Supervisors and it was his
opinion that this matter should as well. Mr. Crook further stated that if the
ordinance is not. fully understood, the County should amend the language
in the Chesapeake Bay Preservation Ordinance to make it clear.
Supervisor Edwards moved the Board refer the matter to the. Planning
Commission for their examination and determination whether the policy
recommended is needed. The motion .passed unanimously (5-0).
Mike Huffman, resident on Bethel Church Lane, appeared before the
Board requesting an extension of time for his Conditional Use Permit for a
mobile. home. Mr. Huffman also requested that the County name the
private road leading to his property.
Chairman Bradby advised he had visited the site and urged the Board
to look favorably upon Mr. Huffman's request.
County Attorney Crook stated under the County's ordinance and
procedures maintained by the County since 1970, any request of this nature
must first go through the Planning Commission for. their recommendation.
Mr. Crook further stated it would not be appropriate for the matter to be
broughtbefore the Board before going to the Planning Commission because
this would then be an attempt #o get the Board to commit to an approval
without the matter- ever being heard by the. Planning Commission and
getting their recommendation. County Attorney Crook further stated that.
Mr. Huffman knew the required procedure because he had previously
obtained an extension of his permit.
Chairman Bradby noted that Mr. Huffman had received a letter
advising the trailer must be moved within the. next three days and that
.there would not be adequate time for the matter to be heard by the
Planning Commission.
County Attorney Crook advised the applicant to file his application
-with the Department of Community Development who will handle the
matter administratively.
Mr. Huffman stated if the County would name his private road, the
local .banks may be more inclined to lend him the necessary money to
proceed with building his home.
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Supervisor Cofer pointed out that the County's ordinance requires two
or more residences to name both public or .private roads.
County Attorney Crook advised Mr. Huffman to meet with the;
Department of Community Development before his existing Conditional
Use Permit expires.
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Chairman Bradby called for the County Attorney's report.
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County. Attorney Crook advised the Board he had prepared a rnntract
between the County and Greaves, Finch & Associates .regarding
architectural services for the second floor renovation of the old Srnith&eld
High School for the Paul D. Camp. Community College site. Mr. Crook
further advised the architect is in agreement with the contract with one.
exception regarding a slight revision in the pay schedule. Mr. Crook
advised that 60% of the fee would be paid after the bid process which is
normally not the case .for an architect's contract and Mr. Greaves has met
with him and discussed the matter. Mr. Crook stated he recommends the
contract to the Board if .the Board wished to enter the contract under the
normal payment schedule.
Supervisor Edwards moved the Board approve the following contract:
AGREEMENT TO DESIGN BUILDING
Agreement made, effective as of September 15, 1992, by and between
GREAVES, FINCH & ASSOCIATES, P.C., Suite 200, Parkway One, 2697
International Parkway, Virginia Beach, Virginia 23452, hereinafter referred
to as architect, and BOARD OF SUPERVISORS: OF ISLE OF WIGHT
COUNTY, Isle of Wight, Virginia, hereinafter referred to as owner.
This agreement shall constitute the terms and conditions under which
architect shall provide architectural services for renovations to the second
floor of the old Smithfield High School located on James Street in the Town
of Smithfield, Isle of Wight County, Virginia, including a new stair
tower/elevator addition to gain handicapped access to the second floor.
SECTION ONE
COMPENSATION
Owner agrees to pay architect a total fee of thirty-five thousand
dollars ($35,000.00) of which thirty thousand .dollars ($30,000.00) will be for
design and five thousand dollars ($5,000.00) for project construction (shop
drawings and pay request certification). Thirty-five percent (35%) of the
thirty thousand dollars ($30,000.00) shall be paid at the conclusion of project
planning, consisting of meeting with County staff, meeting with community
college staff, tour of facility and assessing its current condition, preparing
plan for approval, developing budget and schedule and briefing Board of
Supervisors on recommendations. Sixty percent (60%) of the thirty
thousand dollars ($30,000.00) will be paid upon. the completion of the
design process consisting of developing bid plans and specifications. The
remaining five percent (5%) of the thirty thousand dollars ($30,000.00) will
be paid upon the completion of the all inclusive bid process, prebid
conference, bid review and background evaluation, bid recommendation,
pre-construction conference. The fee of five thousand dollars ($5,000.00) for
project construction oversight will consist of regular on-sight inspections,
review and approval of shop drawing submittals, regular conferences with
County and college staff and construction contractor, review and approval
of contractor's applications for payment, contingencies as necessary and
certification of completion.
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SECTION TWO
ARCHITECT'S SERVICES
A. Architect agrees to provide all architectural, engineering, and
consulting services. except such field engineering services as may be
employed and paid for by the contractor.
B. Architect's services shall include the necessary conferences, the
preparation of preliminary studies, work drawings, specifications, large
scale and full-sized detailed drawings, as may be required, the issuance of
certificates for payment, the keeping of accounts, supervision of the work,,
and inspections during the guarantee period. In addition, architect's
services shall include the preparation of drawings, specifications, and
written opinions in connection with construction changes.
SECTION THREE
ARCHITECT'S EXPENSES
A. Architect shall pay all expenses in connection with site planning,
site engineering, as well as structural, mechanical, and special engineering
pertinent to the preparation of the drawings and specifications. or their
interpretation, and the determination or compliance, as may be required in
the completion of the project.
B. Architect agrees to provide for the cost of transportation and
living incurred by him and his assistants or associates while traveling in the
discharge of duties connected with the work under and pursuant to this
agreement.
SECTION FOUR
CERTIFICATION OF DRAWINGS
Owner will furnish or has furnished architect with current, dated
.plans for said building and architect certifies that drawings .will be based
on said plans.
SECTION FIVE
OWNER'S EXPENSES.
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Owner will authorize and pay for test borings and for chemical,
mechanical, or laboratory tests, when and as required, but not including.
tests specifically required under the construction contract.
SECTION SIX
ARCHITECT'S DUTIES TO ADVISE, SUPERVISE,
AND INSPECT; GUARANTEE PERIOD
A. Architect will advise owner in writing of any omissions,
substitutions, defects, and deficiencies noted in the work of contractors, but
does not guarantee the performance of their contract.
B. Architect or his agent shall visit the project twice a month
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during the construction process, or. more often when the nature and
progress of the work and the interests of owner require an increase in the
frequency of such visits.
C. The architect shall inspect the. project for evidence of faulty
materials and quality of work The landscape work and the heating and
cooling systems shall be inspected by architect in appropriate season. The
project in general shall be inspected at or about the ninth month after
completion for warranty inspection.
D. A resident inspector is not contemplated by the parties to this
agreement. However, inspections under Section 1308 of the Uniform
Statewide Building Code (BOCA) will be the responsibility of owner.
SECTION SEVEN
OWNERSHIP OF DRAWINGS
Drawings and specifications as instruments of service shall be the
property of architect, regardless of whether the work .for which they are
made is executed, and their use for any other project is not authorized. A
record set of drawings shall be turned over to owner with operation and
maintenance manuals at the completion of the project.
SECTION EIGHT.
ARCHITECT'S CERTIFICATES
Architect's certificates evidencing recent inspection and acceptability
of the work, and certifying as to the validity of requestedpayments shall
be executed .simultaneously with requests for advances for payment
covering construction cost or monthly reports of progress and compliance
when advances during construction are not requested. The above-stated
certificates shall be based on personal inspection of the work by architect
or his agent. The name of the agent shall be indicated when an inspection
is made by the agent for architect.
SECTION NINE
TERMINATION OF AGREEMENT
A. Either .architect or owner may, on thirty (30) days' prior written
notice to the other party, terminate this agreement for reason of
noncompliance with any of the provisions of this agreement by the other
party.
B. In the euent of termination, architect shall be entitled to only the
prescribed portion of fee determined by the percentage of the construction
completed.
SECTION TEN
CONSTRUCTION CHANGES--COSTS AND DUTIES
A. Owner .agrees to pay, in addition to the contract price, the cost
of any supplementary drawings required by reason of construction changes
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agreed to by both parties.
B. It is understood that architect, under the terms of this
agreement, will review and act in an advisory capacity in connection with
each construction change submitted by owner and will prepare a letter
indicating his opinion as to .the acceptability and effect of each change
without additional cost to owner.
SECTION ELEVEN
ARCHITECT'S CERTIFICATION OF INTEREST
Architect hereby certifies that he is an independent practitioner having
no identify of interest-.with the builder, and that architect does not have any
..financial interest in the project or -the real estate on which it is to be
constructed other than. the fee he has received or is to receive under and . I
pursuant to this agreement.
SECTION TWELVE
EFFECT OF AGREEMENT
This agreement shall bind, and the benefits thereof shall inure to, the
respective parties to this agreement, their .legal representatives, executors,
administrators, successors, and assigns.
SECTION THIRTEEN
NO WAIVER
The failure of either party to this agreement to insist upon .the
performance of any of the terms and conditions of this agreement, or the
waiver of any breach of any of the terms .and conditions of this agreement,
shall not be construed as thereafter waiving any such terms and conditions,
but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
SECTION FOURTEEN
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Virginia
SECTION FIFTEEN
EFFECT OF PARTIAL INVALIDITY
a
The invalidity of any portion of this agreement will not and shall not
be deemed to affect the validity of any other provision. In the event that.
any provision of this agreement is held to be invalid, the parties agree that ~ i
the remaining provisions shall be deemed to be in full force and effect as
if they. had been executed by both parties subsequent to the expungement
of the invalid provision.
SECTION SIXTEEN
ENTIRE AGREEMENT'
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This agreement shall constitute the entire agreement between the.
parties and any prior understanding or representation of any kind
preceding the date of this agreement shall not be binding upon either party
except to the extent incorporated in this agreement.
SECTION SEVENTEEN
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed
by either party in connection with this agreement shall be binding only if
placed in writing and signed by each party or an authorized representative
of each party.
SECTION EIGHTEEN
EXCUSABLE DELAY
Neither party to this agreement shall be liable to the other for any
loss, cost, or damages, arising out of, or resulting from, any failure to
perform in accordance with the terms of this agreement where the cause of
such failure shall include, but not be limited to, acts of God, strikes,
lockouts, or other industrial disturbances, wars, whether declared or
undeclared, blockades, insurrections, riots, governmental action, explosions,
fire, floods, or any other cause not within the reasonable control of either
party.
SECTION NINETEEN
NOTICES
Any notice provided for or concerning this agreement shall be in
writing and be deemed sufficiently given when sent by certified or
registered mail to the respective address of each party as set forth at the
beginning of this agreement.
SECTION TWENTY
ASSIGNMENT OF RIGHTS
The rights of each party under this agreement are personal to that
party and may not be assigned or transferred to any other person, firm,
corporation, or other entity without the prior, express, and written consent
of the other party.
SECTION TWENTY-ONE
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the
convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this agreement.
SECTION TWENTY-TWO
COUNTERPARTS
This agreement may be executed in any number of counterparts, each
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of which shall be deemed to be an original, but all of which together shall
constitute but one and the same instrument.
The motion passed unanimously (5-0).
County Attorney Crook advised he had two .matters for executive.
session later in the meeting.
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Chairman Bradby called for the County Administrator's report.
County Administrator Standish advised the Board he had met with
Judge Ted Morrison, Chairman of the State Corporation Commission, this
morning to discuss the issue and a strategy for implementing extended-area
calling as previously recommended to the. Board. Mr. Standish stated he
would recommend the Board. allocate $10,000 to the Chamber of Commerce
to pursue the strategy outlined to the Board in the Chamber's letter of
October 14, 1992.
Supervisor Spady requested County staff provide a written report on
the. meeting with Judge Morrison, and to place -the matter on the Board's
November 5, 1992 agenda.
Supervisor Cofer moved the Board adopt the following resolution as
revised by the County Administrator and County.Attorney:
RESOLUTION
REGIONAL WATER
WHEREAS, water resources are a critically important element in the
existence and future development of any community; and,
WHEREAS, the jurisdictions in southeast .Virginia have, suffered
frequent water shortages and water quality impairments as a result of
.inadequate supplies; and,
WHEREAS, the U.S. Army Corps of Engineers and. the Virginia Water I
'Control Board have determined that the regional water supply deficit in
southeast Virginia by the year 2030 is between 50 and 85 mgd based on an
annual average; and,
WHEREAS, the communities of southeast Virginia have worked
independently and .together to develop and manage existing water
resources; and,
WHEREAS, the future of southeast Virginia depends upon future
water resources development, which can best be undertaken cooperatively
with regional coordination and mutual regional benefit as the common goal.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County that the .Southeastern Public Service Authority
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continue discussion to explore the feasibility. of regional water resource
development and distribution.
BE IT ALSO RESOLVED that the formation of any such regional water
system should be based upon fair and equitable compensation for any
existing water supply systems acquired as part of a regional system as well
as fair and equitable distribution of and charges for water supplied to the
member jurisdictions of the regional system.
BE IT FURTHER RESOLVED that the discussion or formation of a
regional water system. does not negate the need for the Lake Gaston water
project resources to be added to the existing water supply systems serving
southeast Virginia,
The motion passed unanimously (5-0).
Supervisor Spady moved the Board approve the following Health
Department agreement:
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH
STATEMENT OF AGREEMENT WITH the BOARD OF SUPERVISORS of
ISLE OF WIGHT COUNTY, VIRGINIA
Under this agreement, which is created in satisfaction of the
requirements of Section 32.1-31 of the Code of Virginia (1950), as amended,
the Virginia Department of Health, over the course of one fiscal year, will
pay an amount not to exceed $300,714, in accordance with appropriations
by the General Assembly, and in like timeframe .the BOARD OF
SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA will provide by
appropriation a sum of $287,609. These joint funds will be distributed in
timely installments, as services are rendered in the operation of the ISLE OF
WIGHT COUNTY Health Department, which shall perform public health
services to the Commonwealth, as indicated in Attachment A(1.), and will
perform services required by local ordinances as indicated in Attachment
A(2.).
The term of this agreement is one year,.beginning July 1, 1992.
The parties agree that:
1. Under this agreement, as set forth in paragraphs A, B, C,
and D below, the Commonwealth of Virginia and the Virginia Department
of Health shall be responsible for providing liability insurance coverage and
will provide legal defense for state. employees of the local health
department. for acts or occurrences arising. from performance of activities
conducted pursuant to state statutes and regulations.
A. The responsibility of the Commonwealth. and the Virginia
Department of Health to provide .liability insurance coverage shall be
limited to and governed by the Self-Insured General Liability Plan for the
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Commonwealth of Virginia, established under Section 2.1-526.8 of the Code
of Virginia. Such insurance coverage shall extend to the services specified
in Attachments A(1.) and A(2.), unless the locality has opted to provide
coverage for the employee under the Public Officials Liability Self-Insurance
established under Section 2.1-526.8:1 of the Code, or under a policy
Plan
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procured by the locality.
B. The Commonwealth .and the Virginia Department of
Health will be responsible for providing legal defense for those acts or
occurrences arising. from the performance of those services listed in
Attachment A(1.), conducted in the performance of this contract, as
provided for under the Code of Virginia and as provided for under the
terms and conditions of the Self-Insured General .Liability Plan for .the
Commonwealth of Virginia.
C. Services listed in Attachment A(2.), any services performed
pursuant to alocal ordinance, and any services authorized solely by Title
15.1 of the Code of Virginia, when performed by a state employee, are
herewith expressly excepted from any requirements of legal defense or
representation by the Attorney General or the Commonwealth. For
purposes of assuring the eligibility of a state employee performing such
services for liability coverage under the Self-Insured General Liability Plan
of the .Commonwealth of Virginia, .the Attorney General has approved,
pursuant to Section 2.1-121 of the Code of Virginia and the Self-Insured
General Liability Plan of the Commonwealth of Virginia, the legal
representation of said employee by the city or county attorney, and the
BOARD OF SUPERVISORS. OF ISLE OF WIGHT COUNTY, .VIRGINIA
hereby expressly agrees to provide the legal defense. or representation at its
sole expense in such cases by its local attorney.
D. In no event shall the Commonwealth or the Virginia
Department. of Health be .responsible for providing legal defense or
insurance coverage for local government employees.
2. Title to equipment purchased with funds appropriated by
the local government and. transferred to the state, either as match for state
dollars or as a purchase under appropriated funds expressly allocated to
support the activities of the local health department, will be retained by the
Commonwealth and will be entered into the state Fixed Asset .Accounting
and Control System. Local appropriations for equipment to be .locally.
owned and controlled should not be remitted to the Commonwealth, and
the local government's procurement procedures shall apply in the purchase.
The locality assumes the responsibility to maintain the equipment and all
records thereon.
3. Amendments to or modifications of this contract must be ~ I
agreed to in wrifing and signed by both parties. h
(5-0)
assed unanimousl
The motion
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County Administrator Standish noted that Dr. E. D. Harris would be
...retiring as Health Director on December 31,1992. Mr. Standish pointed out
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that in Dr. Harris' letter dated October 7, 1992,. the State's process in
selecting the next Health Director may include representatives from member
localities. Mr. Standish noted if the Board concurred, he would indicate to
Dr. Virts that each of the four communities have input during the selection
process for the new Health Director.
County Administrator Standish stated Greeneville County has adopted
a resolution in opposition to a proposed reduction in the Federal
government's price support program for peanuts and an increase in
importation of foreign peanuts.
Supervisor Edwards moved County staff prepare such a resolution for
the Board's November 5, 1992 meeting. The motion passed unanimously
(5-0).
County Administrator Standish stated the Newport News City
Council has requested the assistance of the Board to voice their opposition
to the Federal government's proposed consolidation of Norfolk and
Newport News Ports of Entry.
Supervisor Spady moved the Board direct the County Administrator
to forward a letter to the appropriate Federal officials indicating the Board's
desire to maintain two Ports of Entry in Hampton Roads. -The motion
passed unanimously (5-0).
County Administrator Standish noted the delinquent tax attorneys
have collected $547,340 through the end of September, at a cost of $63,008
to the County, which represents approximately 11.5% of the amount
collected.
Supervisor Cofer moved the Board adopt the- following resolution:
RESOLUTION TO APPROPRIATE ONE HUNDRED
SEVENTEEN THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS
FOR CARRYOVER GRANT PROGRAMS
WHEREAS, the School Board of the County of Isle of Wight has
received grants for various programs; and,
WHEREAS, the funds in the amount- of one hundred seventeen
thousand one hundred eighty-two dollars ($117,182) need to be carried over
to the following programs in the 1992-93 budget of the County of Isle of
Wight, Virginia:
Chapter I $102,627
Title VIB 8,448
Drug Free Schools and. 6,10?
Communities Act
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 seventeen thousand one hundred eighty-two dollars ($117,182) be
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appropriated to the programs listed above 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 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 APPROPRIATE SEVENTY-SEVEN THOUSAND
EIGHT HUNDRED FORTY-SIX DOLLARS
FROM THE FEDERAL GOVERNMENT FOR THE
CHAPTER I SUNIlviER PROGRAM
WHEREAS, the School Board. of the County of Isle of Wight has
received a grant for the Chapter I Summer Program; and,
WHEREAS, the funds in the amounf of seventy-seven thousand eight.
hundred forty-six dollars ($77,846) need to be appropriated to the school
granf fund 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 seventy-
seven thousand eight hundred forty-six dollars ($77,846) be appropriated to
.line item Chapter I Summer Program in the 1992-93 budgef 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
t
accounting adjustments in the budget 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 APPROPRIATE FORTY-SEVEN THOUSAND
FIVE HUNDRED SIXTY-ONE DOLLARS
FROM THE FEDERAL GOVERNMENT FOR THE
CHAPTER II PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has.
received a grant for the Chapter II .Program; and,
WHEREAS, the funds in the amount of forty-seven thousand five
hundred sixty-one .dollars ($47,561) need to be appropriated to .the school
grant .fund in the 1992-93 budget of .the County of Isle of .Wight, Virginia.
NOW, THEREFORE, BE I'T AND IT IS HEREBY RESOLVED by the
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Board of Supervisors of the County of Isle of Wight, Virginia that forty-
seven thousand five hundred sixty-one dollars ($47,561) be appropriated to
line item Chapter II Program 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 and to do all the things necessary to
give this resolution effect.
The motion passed unanimously (5-0).
County Administrator Standish advised .the agenda envelope
contained information the Board had previously requested pertaining to a
survey on roadside maintenance, an update on the work for the auditorium,
and a status .report on the Veteran's Day event being hosted by Parks &
Recreation.
Supervisor Spady requested the Budget & Finance Director provide
the Board with the monthly financial reports.
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Chairman Bradby .called for Old Business.
There was no old business offered for discussion by the Board.
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Chairman Bradby called for New Business.
Chairman Bradby requested the County Attorney to review the statute
to determine if members of the Auxiliary Police are eligible to receive the.
same benefits as fire and rescue volunteers.
Chairman Bradby requested the placement of dumpsters on Mill
Swamp Road.
Supervisor Edwards suggested placing the dumpsters near the
Virginia Power transfer station on Mill Swamp Road.
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Chairman Bradby called for Appointments.
Supervisor Cofer moved the Board reappoint Carl M. Beale, Jr.
representing the Smithfield District on the Board of Building Appeals for a
five-year term. The motion passed unanimously (5-0).
Supervisor Edwards moved .the Board reappoint W. E. Garrison, Jr.
representing the Windsor District on the Historical Architectural Advisory
Committee .for afour-year term. The.. motion passed unanimously (5-0).
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Supervisor Edwards moved the Board reappoint Marvin M. Pulley, III
on the Tidewater Emergency Medical Services Council, Inc. for a two-year
term. The motion passed unanimously (5-0).
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Chairman Bradby called for the approval of the September 17, 1992
minutes..
Upon recommendation of County Attorney Crook, Supervisor Cofer
moved -the Board adopt the September 17, 1992 minutes. The motion
passed unanimously (5-0).
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County. Attorney Crook requested an executive session under Section
2.1-344 A7 of the Freedom of Information Act for consultation with -legal
counsel pertaining to legal matters, specifically the motor sports complex
proposed agreement and negotiation and also for use of public funds for
public purposes.
At 7:36 p.m., Supervisor Cofer moved the Board go into executive
session for the reasons stated by the County Attorney.
At 8:22 p.m., upon returning to open session, 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 conducted in
conformity with. Virginia law;
NOW, THEREFORE, BE IT .RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive .meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motionconvening the executive meeting were heard,
discussed.. or considered. by .the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
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ABSENT DURING. VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
//
At 8:23 p.m., Supervisor Cofer moved the Board adjourn. The motion
passed unanimously (5-0).
enry . Bradby, Chairman
Y
Myles tandish, Clerk