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12-03-1992 Regular Meeting*~. ~o~K 15.x,::123 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF DECEMBER IN THE YEAR 1VINETEEN HUNDRED AND NINETY TWO D 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 2:00 p.m. The invocation was delivered by Supervisor Spady. // Chairman Bradby called for Transportation Matters. 1 MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated Route 600, Oliver Drive, is scheduled for completion by the end of February and the project on South Church Street in Smithfield is scheduled for completion by the end of June 1993. Mr. Neblett stated last month the County Administrator was provided a copy of the Federal Functional Classification Update for Isle of Wight County which is done every five years statewide. Mr. Neblett further stated there are no changes for Isle of Wight County since the last update was accomplished in 1988. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION CONCURRING WITH THE 1995 HIGHWAY FUNCTIONAL CLASSIFICATION FOR ISLE OF WIGHT COUNTY 1 WHEREAS, the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, Section 1006, required that the Virginia Department of Transportation (VDOT) functionally reclassify the .roads and streets in the Commonwealth, by December 31, 1992, based on their current and anticipated functional usage; and, WHEREAS, the Virginia Department of Transportation has previously. functionally classified the state highways in accordance with the guidelines presented in the "Highway Functional Classification Manual" (Volume 26, Appendix 12, ~„~hwav P~ la_n=ing~ am Manual); and, 80~~ 15 ~~':rl?4 WHEREAS, the Virginia Department of Transportation has updated the functional classification in accordance with the "Highway Functional Classification Manual" (Revised, March 1989) and aforementioned ISTEA of 1991. NOW, THEREFORE, BE IT RESOLVID that the Isle of Wight County Board of Supervisors conc~irs with the "1995 Highway Functional Classificahon for Isle of Wight County as updated by the Virginia Department of Transportation. The resolution was adopted by unanimous vote (5-0). Supervisor Bradshaw requested- the .assistance.. of VDOT in straightening out the sharp curve or perhaps widening Pruden Road. Mr. Neblett stated he would meet with Supervisor Bradshaw and they could review the file on what has been accomplished to date on this project. Supervisor Bradshaw requested VDOT's assistance in reopening the prison camp in Walters. Mr. Neblett stated this is a function of the Virginia Department of Corrections and suggested that the County write to its legislators. Supervisor Bradshaw requested. the County Attorney to write to the County's legislators concerning the matter. Supervisor Edwards requested VDOT to initiate efforts to replace the right turn-on-red sign at the old bank in Windsor which is not visible at night. Supervisor Spady requested the status of Laurelwood Drive, the Ragged Island refuge area, Carrisbrooke Road and the bump in the road leading into the Rescue area. Mr. Neblett stated regarding Laurelwood Drive, VDOT possibly can proceed through the first sharp turn to the left and provide a suitable turn around; however, VDOT must be confident that it will qualify to meet all of the rural additional criteria and that the Board must adopt a resolution to accept the road into the State's system. Mr. Neblett further stated regarding Supervisor Spady's inquiries regarding the Ragged Island refuge. area and Carrisbrooke Road, these are in the review stage. Mr. Neblett continued regarding the bump ih the road on Route 704, the inspector has advised asphalt has been layed and VDOT will now place stone which should help alleviate the problem. Chairman Bradby requested the status of the speed limit sign for the Central Hill area. Mr. Neblett stated the 40 mph speed limit entering the Central Hill area is being extended through the area, stopping at the Route 637 intersection. 1 .~. p~n~ 15 .. 1?5 1 R. L. Walker appeared and expressed his concern with the ditches not being properly cleaned in the .Central Hill area. Mr. Neblett stated he would meet with Mr. Walker to review the problem after the meeting today. Henry. Bell requested a status report from Mr. Neblett on Route 709. Mr. Neblett stated he would get with Mr. Bell to discuss the matter. 1 Grace Keen stated 1,000 daffodil bulbs have been purchased and will be planted in the median strip in front of St. teeeBoa drof SteLukes to stated she has contacted a member of the Trus request financial assistance to purchase additional daffodils to plant on the remaining median strip leading to the Smithfield Shopping Center. Mrs. Keen continued she has not heard back from .them, but she would like to have daffodils planted in this area. Mrs. Keen noted that the median strip at the Smithfield Shopping Center is not being kept cut to a satisfactory level. Mr. Neblett stated VDOT is currently in the process of completing the mowing along the secondary and primary systfor beautification areas.st be cut for safety before VDOT can begin cuthng Mrs. Keen requested the status of the curbing work to be performed along the Benn's Church area. Mr. Neblett replied he hopes VDOT can begin putting down asix-inch concrete curb around the first of the year. Martha Moore of the Newport District appeared expressing her concern regarding the ditches in her. area. Mr. Neblett stated he would get with Mrs. Moore on the matter. // Chairman Bradby called for a public hearing on the following: Amendment to Motor Vehicle License Tax Ordinance to Add Exemptions for Auxiliary Police Officers Chairman Bradby called for persons to speak in favor or in opposition to the amendment. 1 No one appeared. Chairman Bradby urged the Board to consider giving the auxiliary police members the same benefits .enjoyed by the fire departments and rescue squads and stated the proposed ordinance, if adopted, would only allow auxiliary police members to receive one free decal. a County ~ Attorney Crook stated the proposed ordinance allows one vehicle of an auxiliary police member local license exemption; however, the County currently has an ordinance which exempts one vehicle from taxation provided that vehicle is used in rescue or fire fighting situations. Supervisor Bradshaw stated the Board has allowed fire and rescue organizations in the past to receive a local license exemption and all volunteer organizations should be treated equally; however, where does this end? Supervisors Cofer and Spady indicated that the matter should be reviewed and advised they would bring a recommendation to the Board regarding personal property tax exemptions for auxiliary police. members. Supervisor Edwards moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE II, OF THE ISLE OF WIGHT COUNTY .CODE FOR MOTOR VEHICLE LICENSES TO ADD EXEMPTIONS FOR AUXILIARY POLICY OFFICERS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of isle of Wight County, Virginia, that the following sections of Chapter 11, Article II, Motor Vehicle Licenses of the Isle of Wight County .Code be amended as follows: (1) By Amending Section 11-6 to read as follows: Local licenses may be issued free of charge for any or all of the following: (i) vehicles owned by volunteer rescue squads; (ii) vehicles owned by volunteer fire departments; (iii) vehicles owned by active members of volunteer rescue squads; (iv) vehicles owned by active members of volunteer fire • departments; (v) vehicles owned by auxiliary police officers. In the .case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses .shall be accompanied by written evidence, in a .form acceptable to the Treasurer of Isle of Wight County, of their active membership, and no member shall be issued more than one such license free of charge. The ordinance was adopted by unanimous vote. (5-0). Supervisor Bradshaw moved that-the Finance Committee bring back a recommendation to the Board concerning a personal property tax exemption for one vehicle for the auxiliary police officers. The motion passed unanimously (5-0). // 1 1 Chairman Bradby called for Citizens' .Comments. aa~h 15 ~.: -~.?~ There were no citizens' comments offered for discussion by the Board. // ~~ 1 Chairman Bradby called for: the .Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, stated the Board was presented information at their previous meeting concerning a mobile home which was being parked and stored on property adjacent to Old Stage Highway/Route 10 in the Rushmere area.. Mr. Caskey further stated the Board at that time requested that the mobile home owner be given an additional thirty days to locate the mobile home .and that a report be provided to the Board: concerning the circumstances of -the situation. Mr. Caskey continued the subject property is zoned A-2 Agricultural General. and is owned by Joseph L. and Everdean Maney. Mr. Caskey stated Article 3, Section 3-1-34 of the Isle of Wight County Zoning Ordinance requires that such single-wide mobile homes be subject to the approval of a Conditional Use Permit by the Board prior to being placed on the property. Mr. Caskey advised no such permit has been applied for by the. property owner or the owner of the mobile home and complaints were .received relative to the parking of the mobile home.. Mr. Casket' further advised the Codes .Inspector provided certified notification to the .property owners on November 12,1992 of the need to remove the mobile home until such time as the proper permits have been secured. Mr. Caskey stated this property was previously reviewed by the Health Department for a similar use on it and the Health Department determined that the property by itself could not support a septic. tank and grainfield. Chairman Bradby stated that this is not the location Mr. Pierce would like to permanently locate .the trailer on, rather Mr. Pierce is .presently having a perk test performed on a different piece of property. Chairman Bradby further stated this should be accomplished within the next two weeks and Mr. Pierce would then apply for a Conditional Use Permit to allow the location of the mobile home on that property. Chairman Bradby continued Mr. Pierce is trying to avoid having to apply for two separate Conditional Use Permits, one for the property the trailer is now located on and the second for the property the trailer will be permanently located on. Mr. Caskey stated there is a piece of property located in Cannon. Acres in which a variety of notices have been sent to the property owner to cut the grass under Article 3, Section &14B of the County Code and he is now requesting. the Board's authorization for the property to be inspected and if it has not been cut, to proceed with the contractor to have the grass cut at the property owner's expense. 1 Supervisor Spady moved the Board. authorize County staff to contact the appropriate individuals to proceed with having the grass cut. The motion passed unanimously (5-0). // Chairman Bradby called for the- County Attorney`s report. i' BOQN ~~ ~e '~..`~..$ County Attorney Crook passed out a draft ordinance which the Board at their last meeting had requested him to prepare regarding an ordinance for tax exemption or deferral for the elderly with the taxpayer having the election. Mr. Crook advised this ordinance is the same as the present deferral ordinance, but the Board is adding the option to take a 50% exemption. Supervisor Edwards moved the Board authorize the County Attorney to advertise the matter for public hearing. The motion passed unanimously (5-0). County Attorney Crook stated at the last meeting he spoke to the Board regarding the request of the Commissioner of the Revenue to eliminate the review of tax refunds by the County Attorney. Mr. Crook further stated the Board elected to leave the situation as it was and he wrote to the Commissioner of the Revenue and, although he did not receive a response from the Commissioner of the Revenue, he did notice that the Commissioner of the Revenue wrote a letter to the Board and the County Administrator which is contained in the Board's agenda package. He stated that perhaps the Commissioner of the Revenue would like to address the matter at this time. Gerald H. Gwaltney, Commissioner of the Revenue, stated with the implementation of proration, the number of refunds will dramatically increase and he would therefore suggest that the County use the existing computer system. Mr. Gwaltney stated these changes have been adopted by other localities that have implemented proration and he would request that the Board consider authorizing a public hearing for changes in this Code section. Supervisor Bradshaw asked Mr. Gwaltney his reasons for eliminating the County Attorney's review. . Mr. Gwaltney replied due to the expected increase in volume of tax refunds, the process can be speeded up with the use of computers. Supervisor Bradshaw stated there may be a :problem if the County refunds more money than should be and the County may not be able to get this money back from the .taxpayer. . County Attorney Crook advised the County by statute has only -six months to contest a proposed refund by the Commissioner of the Revenue that the Board does not agree with and, if the Board is not aware of the refund, the time period will run out. Mr. Crook stated when the matter was brought to the Board. before, the Board elected, to not review the. refunds themselves, but refer them to him. Mr. Crook further .stated the refunds are not held up by him, rather they are reviewed one day and. sent out the next and that this.-.year he received forty five and last year eighty- two refunds for his review. Mr. Crook continued he is not sure why the amount of refunds would increase dramatically with the implementation of proration, but it is not currently causing any delay to the taxpayers to have him review ,the them. Mr. Crook stated he would rather have the Board 1 J 1 so~K 15 .. 1.~~ 1 review the refunds as was originally set up in the Code so that the Board is aware of the refunds being made to taxpayers: Some of the refunds are nominal, but some are serious refunds amounting to thousands of dollars dealing with businesses and industry. Mr. Crook further stated before Mr. Gwaltney was the Commissioner of the Revenue, the County incurred a serious problem regarding a tax refund for the City of Franklin that he was involved with. Mr. Crook stated for the Board of Supervisors to give up review all together and then not have the County Attorney review the tax refunds either is giving up too much without any real justification for it. Supervisor Cofer asked Mr. Gwaltney if his .request was approved, would Mr. Gwaltney's office be capable of providing the Board on a monthly basis a list of the abatements, the amount and the reason for the refund. Mr. Gwaltney stated he could provide the Board with a monthly report on refunds and` advised that during his tenure with the County he has never had a refund questioned by the County Attorney or the Board. County Attorney Crook warned if the Board approves this change, the Board is leaving it up to the Commissioner of the Revenue to make a decision as to what tax refunds will be paid. Mr. Crook further stated a statute allows this, but he does not recommend this change to the Board. Mr. Crook .continued the referral to him does not slow up the refund .process and he does not see .the need to expedite action by forfeiting the right of review. Mr. Gwaltney stated that one of the localities the County has modeled the proration system after is the City of Newport News which has a very sophisticated system that has been tested and has proved successful. Mr. Gwaltney urged the Board to authorize the change to be drafted by the County Attorney so that a public hearing can be held for public comment. County Attorney Crook stated it is the responsibility of the County to pass on all claims against the County and if the Board is considering bypassing the County Attorney review, he would suggest a cap on the amount of the taxes to be refunded without prior review. Supervisor Spady requested a report on the average number of refunds and other information to allow the Board an opportunity to determine the cap on the amount for refunds to be refunded by the Commissioner of the Revenue and what needs to be referred to the County Attorney and the Board. Supervisor Cofer moved the Board table the matter until the December 17,1992 meeting. The motion passed unanimously (5-O). ' // Chairman Bradby called for the County Administrator's comments. Martha Dallas of the accounting firm of Goodman ~ Company ,. 80~N 15 ~ar'1•J~ presented the completed audit for FY1991-92. Mrs. belles stated the individual departments within the County had received a copy of the audit for their review and returned their comments regarding same.. Mrs. belles advised the audit has also been forwarded to the Auditor of Public Accounts.. County Administrator Standish reported that for FY1991-92, expenditures were below expected and revenues were above anticipated. Supervisor Cofer .moved the Board authorize the following amendments to be included in the County's legislative package to be presented at the 1993 session of the General. Assembly: BEFORE AND AFTER SCHOOL DAY-CARE PROGRAM ISSUE: The current Code of Virginia, Section 22.1-132.1, allows for the establishment of "day-care programs outside the regular school hours for students who attend elementary and middle schools" in certain localities. The School Board of Isle of Wight .County recognizes that there is a lack of licensed day-care programs within the County. Additionally, a significant segment of the County's population has expressed a desire to have affordable day-care services provided in locations convenient to citizens. POSITION: The County of Isle of Wight requests that the General Assembly adopt legislation which would amend Section 22.1-132.1 of the Code of Virginia to allow the County of Isle of Wight to establish aday-care program for students who attend elementary and middle schools within the County. REGIONAL JAIL FUNDING ISSUE: Under the current provisions of the State Code, regional jail construction costs by participating localities are reimbursed up to 50% for costs deemed .eligible by the State at the conclusion of the project. There are significant costs to local governments which are not recognized as eligible for reimbursement such as the interest. paid on bonds. State reimbursement at the conclusion of the project requires localities to provide a high level of funding during the project, thus significantly increasing the costs at the local level. Additionally, regional jail operations and maintenance requires a sophisticated, technically-oriented staff of professionals. The cost and complexity of a regional jail necessitates the staffing of a fiscal officer to attend to the necessary and complex financial matters of the jail operation, and a position to oversee the operations .and .maintenance of the numerous i ~_ 1 r•, ea~K ~ 15 .~ :13i complex mechanical, hydraulic and electrical systems of the facility. The State Compensation Board does not recognize the need of regional jails to staff these. professionals. 1 COUNTY POSITION: The County of .Isle of Wight requests that the General .Assembly expand the definition of eligible costs to include financing costs, legal and administrative costs, and all other real ,costs incurred in addition to those costs already deemed eligible. The County also requests that the General Assembly provide for the fu1150% reimbursement of costs on new jail construction periodically during the project, rather than reimbursement at the conclusion of the project. Timely .payments by the State would ease the cash flow burden on local governments and reduce local costs accordingly. The County .further requests that the State Compensation Board recognize the regional jail's need for highly trained, professional staffing particularly in the areas of fiscal management and systems maintenance. The motion passed unanimously (5-0). 1 County Administrator Standish stated if the Board concurs with the resolution in the agenda package in support of Norfolk Southern, he would recommend that a Board member or County staff attend the public hearing on December 17, 1992. County Attorney Crook cautioned that the County. staff person attending the hearing should only state what the resolution-says and no more. He reminded the Board. that the public has been very critical of County staff supporting private projects at public hearings. Supervisor Spady suggested a staff member could attend the public hearing and advise that they have been directed by the Board of Supervisors to read the resolution into the record. Supervisor .Spady moved the Board adopt the following resolution amended as suggested by the County Attorney: WHEREAS, Norfolk and Western. Railway Company, a Virginia corporation and a wholly owned. subsidiary of Norfolk Southern Corporation, has plans for the. construction of a coal ground storage facility in Isle of Wight County, Virginia; 1 WHEREAS, Norfolk and Western Railway Company is a significant Virginia industry. with a worldwide reputation and contributes to the economic stability of the Hampton Roads area and insures Virginia's rightful place among economic leaders; and, WHEREAS, Norfolk and Western Railway Company, has obtained local land use approval to develop a ground coal storage faality in Isle of BOOM 15 rrt;~132 Wight County and local,- regional and state economies will benefit from such an investment, expanding export capacity and guaranteeing jobs and revenue creation; and, WHEREAS, Isle of Wight County places a high priority on economic development and .industrial diversification while maintaining the environmental standards necessary to assure an excellent quality of life for its citizens, WHEREAS, the State Water Control Board and the Department of Air Pollution Control have issued draft permits addressing the effects of this project on groundwater and air quality and have guaranteed that the necessary monitoring devices be in place to insure public health and safety; and WHEREAS, The Board of Supervisors recognizes that due consideration has been given to the protection of public health and that the development of the project will not significantly impact the environment and will serve to enhance and strengthen the communit}~s economic viability. BE IT FURTHER RESOLVED that the County Administrator be directed to forward copies of this resolution to the State Water Control Board and the Department of Air Pollution Control as part of the public comment process associated with the issuance of their permits. The resolution was adopted by unanimous vote (5-0). Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIVE THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS FOR THE PROVISION OF HEPATITIS B VIRUS VACCINATIONS FOR • ISLE OF WIGHT COUNTY EMPLOYEES WHEREAS, the United States Code, Federal Regulations and the Commonwealth of Virginia have mandated the protection of employees hom the hepatitis B virus; and, WHEREAS, this mandate further requires that the County of Isle of Wight provide vaccines to all affected employees at no cost to the employee; and, • WHEREAS, the funds in the amount of five thousand one hundred forty-five dollars ($5,145) needs to be appropriated to the hepatitis B virus vaccinations line item which will be added to the FY1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of .Supervisors of the County of Isle of Wight, Virginia that five thousand one hundred forty-five dollars ($5,145) be appropriated .from the unappropriated fund balance to the FY199~93 budget of the County of Isle 1 1 en~~ ~ 15 .:.:1`33 of Wight for the purpose of providing the required hepatitis B virus vaccinations to eligible County of Isle of Wight,employees. 1 1 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for these vaccinations and to do all things necessary to give .this resolution effect. The resolution was adopted by unanimous vote (5-0). Supervisor Cofer moved .the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN THOUSAND FIVE. HUNDRED .DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR ` REPLACEMENT OF THE HEATING SYSTEM FOR THE ISLE OF WIGHT Pt~RKS & RECREATIONAL FACILITIES AUTHORITY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for the replacement of the heating system for the Isle of Wight Parks & Recreational Facilities Authority; and, WHEREAS, the funds in the- amount of seven thousand five hundred dollars ($7,500) needs to be appropriated from the unappropriated. fund balance to the Capital Project Heating System Parks & Recreational Facilities Authority line item in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seven thousand five hundred dollars ($7,500) from the unappropriated fund balance be appropriated to the Capital Project Heating System Parks Recreational Facilities Authority line item in the 19993 budget of the. County of Isle of Wight. BE IT FURTHER RESOLVED that the County. Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the .budget and to do all the things necessary to .give this resolution effect. The resolution was adopted by unanimous vote (5-0). County Administrator Standish stated in the Count}~s Capital Improvements Plan there is an anticipated $16,000 expenditure for a new mechanical filing system for the District and Juvenile Domestic Relations Courts. 1 County Administrator Standish stated in 1990, a $2 fee was levied on criminal and traffic cases and in 19921evied on civil cases, for the purpose of construction, renovation or maintenance of courthouse or jail and court- related facilities and to defray the cost of heating, cooling, electricity and ordinary maintenance. Mr. Standish further stated the projects previously approved by the Board has generated a cost of $106,000 and the County's .~ soak ~5 'x.:-134 debt service on the regional jail for the same period has cost approximately $340,000 and other related expenses totaled $519,000 for the same period. Mr. Standish continued while the County has collected the $2 court fee which has effectively generated $44,000 in revenue, the County has spent over $500,000 in local funds for projects meeting the requirements of the ordinance. County Attorney Crook stated. the fee that is collected has to be earmarked only for the courthouse because the County does not have a jail and it is for construction, renovation and maintenance. He stated that Judge Robert Edwards has written. a letter requesting the funds so collected and earmarked be used for the new filing system. Supervisor Cofer moved the Board authorize County staff to proceed with the Request For Bid. The motion passed unanimously (5-0). County Administrator Standish recommended that the Board proceed with a Request For Proposal for professional services to calculate what may be development impact fees in the County. Mr. Standish stated that the County could not negotiate with developers or accept proffers that are equivalent to impact fees until the Board adopts a Capital Improvements Plan. Mr. Standish further stated the next step is to calculate the cost of development, which is a complicated process that will require an objective third party to evaluate and calculate the .various factors. County Attorney Crook stated that schools, fire and police protection would all be impacted and the County must establish a formula that will stand up in court to show that potential lots will have an impact of a certain amount of dollars and the developer would proffer that amount of money per lot. Mr. Crook further stated the way it is handled now, it is just an arbitrary .assessment. Supervisor Edwards pointed out that the Board can request a study of the impact fees that can be collected under current law, but warned if the statute changes, the County may have a worthless study. County Administrator Standish stated there have been various changes in the General Assembly relative to impact fees, but that the scope of work can be refined at the point of contractual agreement with the consultant. Supervisor Edwards moved the. Board authorize the County Administrator to proceed with 'initiating the Request For. Proposal. The motion passed unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED THIRTY THREE THOUSAND THREE HUNDRED SIXTEEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE CAPITAL BUDGET FOR A REPLACEMENT FIlZE TRUCK FOR THE SMITHFIELD VOLUNTEER FIRE STATION 1 1 BO~~n 15 .. ~ ~•J WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase of a replacement fire truck for the Smithfield Volunteer Fire Department; and, i WHEREAS, the total anticipated cost of the replacement fire truck has been set at $189,106, with $32,000 to be contributed by the Town of Smithfield and $23,790 contributed by the Smithfield Volunteer Fire Department; and, WHEREAS, funds in the amount of one hundred thirty three thousand three hundred sixteen dollars ($133,316) for the Counts share needs to be appropriated from the unappropriated fund .balance to the capital budget in the 19993 budget of the County of Isle of Wight. . NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred thirty three thousand three hundred sixteen dollars ($133,316) from the unappropriated fond balance be appropriated to the capital budget in the 19993 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The resolution was adopted by unanimous vote (5-0). 1 County Adminishator Standish advised the Board will be receiving a report on the Comprehensive Services Act in the December 17, 1992 agenda package and the Board will be requested at that time to appoint the . required policy board. County Administrator Standish advised the Board he will keep them informed regarding the activities of the State's Growth Commission. County Administrator Standish advised the November budget reports will be sent to the Board the following week // Chairman Bradby called for Old Business. There was no old business offered for discussion by the Board. // 1 Chairman Bradby called for New Business. There was no new business offered for discussion by the Board. // Chairman Bradby. called for Appointments. 3 6~QA i~ ''~i::r i. JV There were no nominations for appointment by the Board. 1/ Chairman Bradby called for approval of the November 5, 1992 minutes. Upon recommendation-of County Attorney Crook, Supervisor Cofer moved the Board adopt the November 5,1992 minutes. The .motion passed unanimously (5-0). // County Attorney Crook requested an Executive Session under Sections 2.1-344 Al and A7 of the Freedom of Information Act for discussion with staff and counsel concerning bids, contract matters and two personnel matters. At 3:45 p.m., Supervisor Cofer moved the Board go into executive session for the reasons stated by County Attorney Crook. The motion passed unanimously (5-0). At 4:?A p.m., Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING ' WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Cade of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were. heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 1 1 1 ABSENT DURING MEETING: 0 r; ao~~ 15 .~. 137 The motion passed unanimously (5-0). // , At 4:21 p.rn., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). Steve W. Edwards, Chairman