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02-18-1993 Regular Meeting
REGULAR MEETING OF THE ISL ENTH DA OF FEBRUARY THE SUPERVISC)RS HELD. THE EIGHTS YEAR NINETEEN HUNDRED NINETY 'THREE PRESENT: Steve W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby Joel C. Bradshaw, Jr. Malcolm T. Cofer 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 Edwards called the meeting to order at 7:00 p.m. and.- delivered the. invocation. !/ Chairman Edwards stated for those who had missed the press conference earlier tonight, Supervisor Bradshaw announced that he would not be seeking re-election in 1994. Chairman Edwards thanked Supervisor Bradshaw for his 18 years of dedicated service and stated he admired his ability to work with people, as well as his respect for the citizens of the County. Supervisor Bradshaw thanked Chairman Edwards for his kind remarks and stated he has enjoyed. working with him and the other Board members, who are a fine Board that could carry on. // Chairman Edwards noted the presence of Richard L. Turner who had earlier advised him he would like to update the Board on the efforts of the Fair Committee. Supervisor Cofer moved the Board amend the order of the agenda to hear Mr. Turner's presentation. The motion was unanimously (5-0) adopted. Mr. Turner stated the Fair Committee has selected the .field immediately adjacent to the Courthouse as the location to hold the County Fair and publicly thanked Pete Edwards for allowing the County to use the Meld after the wheat is harvested in the Spring of 1994. Mr. Turner stated other than the installation of driveways, there should be little other expense involved by the County. Mr. Turner stated the field consists of approximately 18 acres and water and electricity should be easily accessible due to the close proximity of the Courthouse. Mr. Turner stated the Fair 1 1 D 1 ryry B~I~K ~5 apt,"(.~~1 1 Committee is requesting that the Fair take place in the Fall of 1994, probably in the middle of September, in conjunctign with the County's 360th year anniversary. Supervisor Bradshaw stated he was on the Fair Committee and would be willing to help in any way possible. Supervisor Bradshaw; commented the Fair Committee needs all the help they can get and urged the other Board members to offer their assistance by also serving on the Committee. ; Supervisor Bradshaw continued the last County Fair was held during War World II when his Father was President of the Committee and had had a heart attack. Supervisor Bradshaw stated he was not sure why the Fair was not held again after that, but he is interested in starting it back now. , Supervisors Bradby and Cofer stated they would be willing to work with the Fair Commit#ee in any needed capacity. Mr. Turner stated he would be back to the Board regarding the Fair's budget and he appreciated the Board members' willingness to serve. Mr. Turner noted he served with Supervisor Bradshaw for approximately thirteen years and that during his tenure, Supervisor Bradshaw had looked out for the citizens of the County. it Chairman Edwards called for a public hearing on the following ordinance: 1 An Ordinance to Amend an Ordinance Providing Exemptions From Taxation of Certain Personal Property for Physically Handicapped. Individuals, Volunteer Rescue Squad Members, Volunteer Fire Department Members and Auxiliary Police Officers to Limit the Amount of the Exemption to :Four Hundred Dollars County Attorney Crook explained to the Board that the published amendment proposes a cap on the exemption for all categorieslisted in the ordinance of $400. At the request of the Board, he now has rdemoved hom that cap the personal property of the physically handicappe Chairman Edwards called for citizens. to speak in favor of the ordinance. No one appeared. Chairman Edwards called for citizens to speak in opposition to the ordinance. 1 No one appeared. Chairman Edwards called for. comments from the Board.. Z i ~~, ~~ ,:.. ~. _ ~.a!m'+s+nFa~~~9~a~~ro~s~.e~4r+~e, .:. ~!aa~ ~ -w~ws~^>set4Yaa~Y..'7wtt~em-~s:..w._~,.,,..,.r_;, BUrK ~~ rar' ~1~ Supervisor Cofer moved the Board adopt the following ordinance as amended: AN ORDINANCE TO AMEND AN ORDINANCE PROVIDING EXEMI''ITONS FROM TAXATION OF CERTAIN PERSONAL PROPERTY FOR PHYSICALLY HANDICAPPED INDIVIDUALS, VOLUNTEER RESCUE SQUAD MEMBERS, VOLUNTEER FIRE DEPARTMENT MEMBERS AND AUXILIARY POLICE OFFICERS TO LIMIT THE AMOUNT OF THE EXEMPTION TO FOUR HUNDRED DOLLARS WHEREAS, the General Assembly for the Commonwealth of Virginia has provided by Acts now embodied in Title 58.1, Chapter 35, Article 1, Section 58.1-3506 of the Code of Virginia, as amended, that the governing body of any county may, by ordinance, provide for the exemption from taxation of certain tangible personal property, for physically handicapped individuals, members of volunteer rescue squads, members of volunteer fire departments and auxiliary police officers; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, by ordinance adopted March 15, 1990, exempted from taxation certain motor vehicles owned by members of volunteer rescue squads or members of volunteer fire departments and motor vehicles especially equipped for physically handicapped individuals; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, by ordinance adopted January 7, 1993, added the exemption for certain motor vehicles owned by auxiliary police officers; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the taxpayers of Isle of Wight County to provide a limitation on the .amount of taxes of said exemptions. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Section 58.1-3506 of the Code of Virginia of 1950,. as amended, that Section 15-4.2 of Chapter 15 of the Isle of Wight County Code be amended by adding thereto the following as paragraph (d) thereof: (d) The tangible personal property tax levies exempted under paragraphs (b) and (c) of this section are limited to a maximum tax of four hundred dollars ($400.00). If the tax levy for the motor vehicle exceeds four hundred dollars ($400.00) of taxes to be paid, that amount of taxes exceeding four hundred dollars will still have to be paid from the property owner to the County of Isle of Wight as all other taxes are paid. The ordinance was unanimously (5-0) adopted. Chairman Edwards called far a .public .hearing on the following ordinance• L~ 1 3 ~r , ~... ~~:1.3 An Ordinance to Amend Chapter 7, Article 1, Section 7-1 of the Isle of Wight County Code to Add the Rushmere Volunteer Fire Department as a Fire Department Designated as Part of County Safety Program County Attorney Crook stated #his ordinance was originally adopted by the Board of Supervisors on January 4, 1973 and under State law, if the Board of Supervisor recognizes volunteer .fire departments and rescue , squads as a part of the official safety program of the County, then the widows or widowers of the participants who die in the line of duty are entitled to certain benefits. Mr. Crook explained that since the adoption. of this ordinance, the County has now organized the Rushmere Volunteer Fire . Department and the purpose of this ordinance is to add this Department as one of the .fire departments .that compose a part of the County's safety program. Chairman Edwards -called for citizens to speak in favor of the ordinance. No one appeared. Chairman Edwards called for citizens to speak in opposition to the ordinance. No one appeared. Chairman Edwards called for comments from the Board. Supervisor Bradby advised the Rushmere Volunteer Fire Department is functioning well and is proud to become a part of the County's safety program. Supervisor Bradby further stated the Department will continue to provide excellent fire .protection and moved the -Board adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 7, ARTICLE I, SECTION 7-1 OF THE ISLE OF WIGHT COUNTY CODE TO ADD THE RUSHMERE VOLUNTEER FIRE DEPARTMENT AS A FIRE DEPARTMENT DESIGNATED AS PART OF COUNTY SAFETY PROGRAM WHEREAS, the General Assembly by an Act or Acts embodied in Title 15.1, Chapter 3, Article 1.1, known as the Line of Duty Act, has provided certain benefits for members of fire departments and rescue . squads for beneficiaries of persons who die as the director proximate result of the performance of hislher duty as herein described; and, WHEREAS, .the Board of Supervisors of the County of Isle of Wight by Ordinance adopted .January 4, 1973, recognized said volunteer fire- departments and rescue squads as an integral .part of the official safety program of the County pursuant to Section 15.1-136.2 of the Code of 4 BOOK ~5 Y~r;'2~~ Virginia; and, WHEREAS, since the adoption of said Ordinance on January 4,1973, the Rushmere .Volunteer Fire Department has -been created and is now operational and has become an integral part of the official safety program of the County. THEREFORE, BE IT AND IT IS HEREBY ORDAINED that Chapter 7, Article I, Section 7-1 of the Isle of Wight County Code be amended to read as follows: The Carrollton Volunteer Fire Department, Carrsville Volunteer Fire Department, Rushmere Volunteer Fire Department, Smithfield Volunteer Fire Department, Windsor Volunteer Fire Department, Isle of Wight Volunteer Rescue Squad and Windsor- Volunteer Rescue Squad -are hereby recognized as an integral .part of the official safety program of the County and as such are entitled to all the benefits accruing to them as shall or may be available as provided for in Sections 15.1-136.1 through 15.1-136.7 of the Code of Virginia. The ordinance was unanimously (5-0) adopted. // Chairman Edwards called for Citizens Comments. Pam Edwards, Chairman of the School Board, thanked the Board for their response to and funding of Phase I of the current school construction plans and presented-the Board with a copy of Phase II, Working Documents for Consideration, for their information. Supervisor Bradshaw thanked Ms. Edwards and the other School Board members for their good working relationship with the Board of Supervisors. Pat Gleason appeared on behalf of the Hunt Club Road Community Watch Group and stated to the Board the Group represents forty-nine families of which there are twenty-two families who meet once a month to share communications regarding security of their homes, information, ideas and encouragement. Mr. Gleason stated in this effort, the Group receives support from the Sheriff's Department and through their own personal expense have purchased signs indicating that they are a Community Watch group. Mr. Gleason further stated he met last month with the Assistant to the County Administrator to discuss the current situation and the Group has gathered seventy-six signatures in support of their request for street light installation. Mr. Gleason continued the Group has attended two previous Board meetings to offer their input and assistance in formulating the County's policy and urged the Board to provide street lighting to make their community unattractive to criminals. Mr. Gleason recommended the Board limit street lighting requests to those areas with an active Community Watch group and stated the Sheriff's 1 5 __ ~J ~ BO~h „ ~ ~.~~~ 1 1 Department has indicated they are interested in fostering the development . of these groups who would have regular meetings and involvement with: the Sheriff's Department. Mr. Gleason also recommended the Board limit. these requests #o areas .where there are at least fifteen houses per mile and that the spacing and actual installation of the lights be determined on a case-by-case basis with the involvement of the Sheriff's Department. Supervisor Bradshaw advised Mr. Gleason that the Board is currently considering guidelines for the installation of street lights during the current budget process. Supervisor Bradshaw- explained that a study will be performed to determine the establishment of such guidelines. Supervisor Spady stated he appreciated Mr. Gleason's suggestions, but the County must. first establish guidelines before proceeding with the installation of any street lights. Supervisor Cofer stated the Board. at their last meeting requested County staff bring back pertinent information formulating parameters to be set up .regarding street light requests in time far the budget process. Supervisor Cofer further stated some of these requests would be in this year's budget process which should be in the next 90 to 120 days. Sheriff Phelps appeared in support of Mr. Gleason's request for street light installation and stated he feels very strongly about the ideas presented by these individuals who have initiated a way to address this problem. Sheriff.Phelps stated there are a lot of homes being. built in the Hunt Club Road area and a lot of opportunity for crime to occur due to the darkness. /I Chairman Edwards called for the Community Development report. W. Douglas Casket', Assistant County Administrator/Community Development, presented -the following application for the Board's consideration: The application of William N. and Mary Ann Howell, owners, and David G. and Margaret A. Carroll, prospective owners, for. a Conditional Use Permit to occupy a mobile home for thirty-six (36) months while constructing a single family dwelling on thirty-five (35) acres of land located on County Lane, between Walters Highway (Route 258) and Joyners Bridge Road (Route 611) in Windsor Magisterial District. Mr. Casket' stated at the time the application was considered by the Planning Commission there -was no opposition presented to the application and it was the applicant's representation to the Planning Commission that he was prepared to proceed with construction of the permanent residence. Mr. Casket' further stated the mobile home will be utilizing the existing septic tank and drainfieid and the Planning Commission voted (9-0) to recommend approval of the .application. to the Board for a period not to exceed thirty-six months. Mr. Casket' noted the applicant was present 6 BOnK ~~ rAG'~~~ tonight to answer any questions the. Board may have. Chairman Edwards called for comments from the Board. Supervisor Spady moved the Board approve the application of William N. and Mary Ann Howell as recommendededby ,the Planning Commission. The motion was unanimously {5-0) adop /1 Chairman Edwards called for the County. Attorney's report. County Attorney Crook stated at the last Board meeting, the Board considered the letter from the Hampton Roads Sanitation District SD SDa and he was commissioned by the Board to consult with HR Smithfield Foods concerning the proposal which was to add the spur from Benn's Church towards Suffolk on Highway 10. Mr. Crook further stated the reason the proposal was made was that the interest rate was lower than 000 000+ and for this reason there was anticipated on the initial loan of $10, , a credit to the County of approximately $1,000,000. Mr. Crook continued he had spoken with Smithfield .Foods and suggested that Robert Manly present the request of Smithfield Foods to the Board tonight. Robert Manly, Executive Vice President of Smithfield Foods, stated three years ago there was a watershed meeting in the offices of Smithfield Packing Company to discuss. the various alternatives and opportunities for the Company and for the State to relieve pressure that was brought on , .them to connect to the HRSD system. Mr. Manly further stated Smithfield Foods at that time elected to connect to HRSD and is now working towards hooking on to the system.. Mr. Manly continued at that meeting, Jim Borberg of HRSD made the statement that if Smithfield Foods would show. HRSD where they wanted the pipe HRSD would bring it to them, which was a very significant part of Smithfield Foods' decision-making process. Mr. Manly stated since that time, Smithfield Foods has spent over $25,000,000 in improvements at the plants in Smithfield and created approximately 500 jobs; however, o d come no further ghan Benn' sChulrch HRSD advised that the system woul and Smithfield Foods would have to connecfieldtFoodstworked wi h the Mr. Manly further stated at that time Smith County Administrator, Smithfield Town Manager and members of Smithfield Foods staff to encourage HRSD to bring the sewer line into Smithfield as close as possible to the Town and Smithfield Foods which brought it to the old Smithfield High School for the location of the hookup.. Mr. Manly continued reminding Mr. Borberg of HRSD`s previous commitment, Mr. Borberg advised it was the policy of HRSD not to make those accommodations to potential customers and that HRSD did not have the funds and that Smithfield Foods now has the situation that flows from Smithfield Foods will not only pay for the cost of bringing the line into Smithfield, but it will also create a significant surplus. Smithfield Foods will be required in order to meet the guidelines of HRSD to spend over $2,000,000 on our existing sewer treatment plant because HRSD requires. a much more consistent effluent stream than Smithfield. Foods. is now 1 1 7 BOAR 1 1 required to produce with the dischz Smithfield Foods' annual sewer sure $2,000,000 and Smithfield Foods wi costs in their existing treatment sy Foods is working with the engineers estimated the cost to connect with High School location from Smithfie which assumes no significant cost environmental issues. Mr. Manly st Board join them in a request that a ~ that HRSD has. at their disposal ! Smithfield Foods' plant location. County Attorney Crook state Borberg advised him that the propo: north end of James Street in the To' a pumping station at that site. Mr. is now in a position of having to co the additional credits that the. Cou cover the cost of Smithfield Foods to that site. Mr. Crook continue members and Mr. Manly and prep. honor the request of Smithfield Foc Smithfield Foods, then there woulc ~•~sr?' 217 ;e into the river. In addition to this, irges will be between $1,000,000 and not be able to 'affect any cutback in gym. Mr. Manly advised Smithfield ;firm of Hayes & Sawyer, who have ~gineering fees to the old Smithfield Foods to be approximately $800,000 creases associated with unforeseen 'd Smithfield Foods is requesting the rtion of the additional funds be used bring .the sewer connection to the l in his discussions with HRSD, Mr. 'd construction will terminate near the m of Smithfield and that there will be ;.rook further stated Smithfield Foods to from the plants to that location and ty would .have for this project would aving to come across the Pagan River he has spoken with various Board red a resolution if the Board wishes to ls. Mr. Crook added if it were not for be no HRSD line corning. Supervisor Bradshaw stated S ithfield Foods dealt with the Board in good faith and he was lead to belie e by HRSD .that the line would extend to the plant location. Supervisor. Bradby stated he ould be in support of eliminating the: line extension from Benn's Church. outh on Route 10 towards the industrial park and extending the line to the acking plants location. Supervisor Spady stated HRSD was not present to repe able tohdo views tonight, but at one time they told the Board they may b something with Windsor and then later said it is the back and lsaidlthe line use the surplus somewhere else. Then HRSD cam could be run .south down Route 10, but never suggested to the County running the line to the plants in Smithfield. County Attorney. Crook stated it is HRSD's policy to run the line where there will be .potential hook ons and additional .fees generated. The policy of HRSD is not to extend the line to customers. Since Smithfield Foods is committed to hook on, HR5D is looking at other areas #o extend the line using the credits where there will be additional potential customers. . Supervisor Spady asked where the surplus would be used which was gained from the low interest. Supervisor Cofer replied HRSD is planning on giving the surplus to Suffolk. 8 B-,hK 15 ,~r.~~218 Supervisor Cofer moved the Board adopt the following resolution and authorize the County Administrator, County Attorney and Vice Chairman of the Board to deliver the resolution to the HRSD Board: RESOLUTION WHEREAS, Smithfield Foods, Inc., a large meat packing industry located in the County of Isle of Wight, Virginia, entered into an agreement with County of Isle of Wight, the Public Service Authority of the County of Isle of Wight and- the Industrial Development Authority of the County of Isle of Wight to make possible a sewer line to be installed in the County of Isle of Wight by the Hampton. Roads Sanitation District at no cost to the County of Isle of Wight; and, WHEREAS, the County of Isle of Wight entered into an agreement for construction of a sewer line known as the Smithfield Interceptor Force Main with the Hampton Roads Sanitation District known as the Route 17 Option, which enters the County of Isle of Wight on Highway 17 at the Suffolk City Line and is proposed to be constructed north from the Suffolk City Line on Highway 17 to the intersection of Highway 258 and then west on Highway 258 to the intersection of Highway 10 and then northwest on Highway 10 to a point near the north end of James Street in the Town of Smithfield; and, WHEREAS, the Hampton Roads Sanitation District has indicated to the Board of Supervisors of Isle of Wight County, Virginia, that additional construction can be financed -under the agreement without any cost to the County of Isle of Wight, Isle of Wight having a credit of more than one million dollars ($1,000,000) on the interest participation for said sewer line; .and, WHEREAS, the agreement of Smithfield Foods, Inc., to connect to said line has. made the construction of said line. possible at no cost to the citizens of Isle of Wight County for said construction; and, WHEREAS, Smithfield Foods, Inc., has requested that the construction of said line not end at the northtion of themlants of Smithfield FoodstInce across the Pagan 1Ziver to the loca p i.e., Smithfield Packing Company, Incorporated, .anal Gwaltney of Smithfield, Ltd., so as to save Smithfield Foods, Inc., the tremendous expense of constructing a line from the plants to the proposed terminus of said line at James Street in Smithfield; and, WHEREAS, the Board of Supervisors of Isle of Wight County believes that the credit or benefit it has under the lower construction costs should be applied to the costs of extending the Hampton Roads Sanitation District Sewer Line from James Street to the intersection of Route 666 and Highway 10 (North Church Street) in the Town of Smithfield, for the connection there by Smithfield Foods, Inc. THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, that 1 LI 9 1 L_J 1 a~~~ 15 ;,:::~?1~ the credits that Isle of Wight County has on the construction costs of said line applicable to the County interest participation be,utilized to extend the Hampton Roads Sanitation District Sewer Line from the proposed terminus near the end of James Street in the Town of Smithfield- to the intersection of State Route 666 and Highway 10 (North Church Street) in the Town of Smithfield for connection there by the subsidiary plants of Smithfield Foods, Inc., i.e., Smithfield .Packing Company, Incorporated, and Gwaltney of Smithfield, Ltd. And the Clerk of this Board. is hereby directed to forward a certified copy of this resolution to Hampton Roads Sanitation District for the Commonwealth of Virginia and to Smithfield Foods, Inc., and to the Town Council of the Town of Smithfield. The motion was (40) adopted with all members voting in favor except Chairman Edwards who abstained. Supervisor Bradshaw stated the Board should invite HRSD staff to attend another Board meeting to discuss the Windsor line. County Attorney Crook passed out a letter addressed to Lynn P. Harris, Acting Director of Economic Development, which was prompted by a letter from her concerning reimbursement for members of the Industrial Development Authority. Mr. Crook stated in the letter he had advised Ms. Harris that the Board. of Supervisors had authorized all members of County boards, including the Authority, be paid $50 per meeting and reimbursed for necessary travel expenses and that the State law allows that. Mr. Crook stated that in further reviewing the statutes, he found that under the State statutes the members of the Authority cannot be members of the governing body of the County or the governing body of the municipality in which it serves. In view of this, Mr. Spady who has been on the Authority for many years and who now is on the Board of Supervisors must be replaced on the Authority. This would also apply to Dr. Al Rogers who is now serving on the Smithfield Town Council and who is the Chairman of the Authority. Mr. Crook stated the reason for this is that the County's Authorities are suppose to be independent. County Attorney Crook stated the proposed Charter amendment for the City of Portsmouth addresses their water supply and gives them the .authority to have jurisdiction over their water resources for enforcement of their ordinances and regulations, including prosecuting any violations of such .rules, regulations or ordinances in the City of Portsmouth's courts. Mr. Crook further stated this causes him concern because. these resources are in Isle of .Wight and Suffolk and if a person was to be charged by Portsmouth they would have to go to the City of Portsmouth to go to court. Mr. Crook stated it is his opinion the Board of Supervisors should consider opposing this Charter amendment. Mr. Crook advised another amendment is that. the. City of .Portsmouth can expand .their .water sources and'. waterworks, including purchasing and condemnation, which he also believed the County would want to oppose. because the County. would not have a say in the condemnation. p1 10 BoAK 15 ~~+f~22C? Supervisor Cofer moved the Board authorize the County Attorney to contact the Count}~s legislative delegation opposing the City of Portmouth's Charter amendments. The motion was unanimously (5-0) adopted. County Attorney Crook stated .the Board has approved the initial landfill agreement between the Southeastern Public Service Authority (SPSA) and the County and. SPSA has requested changes which he has approved except for one. County Attorney Crook further stated the Board should anticipate the agreement coming back to the Board because SPSA has not yet approved the agreement in final. form. // Chairman Edwards called for the County Administrator's report. County .Administrator Standish stated the item in the agenda is the County's self-funded health insurance program and the Board should consider renewing the County`s insurance at this. time. Mr. Standish requested the. Board disregard the spreadsheet included in the agenda because Henry Duke, the County's .insurance administrator, has another spreadsheet for the Board's consideration. Henry Duke stated the renewal of .the County's partially self-funded health plan is March 1, 1993 and as the administrator for the Plan, he has shopped the re-insurance market for the County. Since this was performed, it has come to his attention that there has been a large on-going claim and the .quotes received from insurers required that he report to them any Large on-going claims before they are willing to take the risk of re-insuring the County's Plan. Mr. Duke stated this was reported to them this week and consequently he had revisions in the proposals, particularly with regards to the withdrawal of several of the companies from an offer to write the County's .Plan.. Mr. Duke explained the spreadsheet distributed to the Board this evening contains the offers made to the County for renewal, specifically Pacific Mutual and Standard Security Life Insurance Company. Mr. Duke noted the total maximum liability. line at the bottom of the spreadsheet indicates that for the current Plan with Pacific Mutual, the current liability for both fixed cost. and claims cap is $386,535. ©n renewal with Pacific Mutual, it would go up to $454,845 -and for the renewal option it would be $438,741. Mr. Duke stated regarding the Security Life Insurance Company, their figures are significantly lower; however, the County should be aware that their contract basis is on what is referred to as a 13/ 12 which means any claims that were incurred one month prior to the date that they take on the County's plan would be covered by their plan and anything older than that would not be covered. Mr. Duke stated .Pacific Mutual's renewals are both on a paid. basis which will cover any claims presented for payment regardless of .the date of service. Mr. Duke stated Standard Security underwriters have offered the County a proposal, but regarding the large on-going claimant, the County would be responsible for the first $75,000 of those claimed. Supervisor Cofer pointed out .that the County has had a very successful first year with a current balance of approximately $172,000 which 1 r 1 11 BO~r ~~ %~'r`~~..1 C 1 1 includes the anticipated claim. Mr. Duke stated the County's plan has been funded in such. a way this year that even with the increase in the cost from the re-insurer, the County has the funds available to fund this without any additional cost to the County's employees. Supervisor Spady moved the County continue with Pacific Mutual. , under the present plan. The motion .was (4-0) adopted with all members voting in favor except Supervisor Cofer who abstained. . County Administrator Standish noted the presence of Bill Greaves, the . County's architect for the Paul D. Camp Community College renovation project, and stated Mr. Greaves is present tonight to give the Board a report on the bids received. Mr. Greaves stated his firm had reviewed the building size with consideration -given to the addition of an elevator and presented this to the. County Administrator before proceeding with the drawing. He stated .remodeling a building of this size would cost approximately $354,72A plus $146,000 for astair/elevator addition for a total of approximately $501,000. Mr. Greaves further stated the County Administrator mentioned the budget for this project was approximately $360,000 so he had met with Paul D. Camp representatives and reviewed the programming information and large ticket items were placed as alternates. Mr. Greaves stated when the .project was bid on January 27, 1993, Virtexco Corporation`s basic low bid was $397,000 with bid alternate #1 for laboratory equipment in the amount of $18,000. However, during the design phase, the two-inch water line shown on the plans was determined to actually be asix-inch main which cannot be built over and so this was placed as a separate item because a new six- inch line would have to be built. Virtexco's initial price for this was $4,600. Mr. Greaves noted blinds should be purchased due to the amount of glass in the building which will cause under or overheating in the building during the day. Mr. Greaves advised the old plaster ceiling is still on the first floor and. the plumbing is galvanized, rather than cast iron which would cost an additional $800.. Mr. Greaves stated a local contractor, R. F. Scott from Smithfield, found a way to save $15,000 on the mechanical system by installing individual units for the classrooms. He stated Mr. Scott recommends eliminating the exposed ductwork and placing it above the ceilings, then taking the units from downstairs and placing them on the roof of the building. Mr. Greaves mentioned $3,000 in roof repairs need to be done and Mr. Scott has proposed to hire the same contractor who installed the new roof originally to do this so that the warranty can be maintained. Mr. Greaves stated if the mechanical is revised, Paul D. Camp deletes the. steel door for .the conference room, the trailer is deleted, permit. fees are waived, electrical power is used on the site so that the port-a johns can be eliminated, Virtexco would cut an additional $3,000 from the price. In addition, regarding the lab equipment, another $1,000 would be cut if the contractor did not have to go in and locate it. Mr. Greaves advised Virtexco's best price would then be $375,932.. Supervisor Cofer moved the Board accept the.negotiated bid presented 12 80~N 15 ~~ar~2?~ by Mr. Greaves including .Alternates #2, #4 and #5 and appropriate an amount not to exceed $11,800 from the unappropriated fund balance. The motion was unanimously (5-0) adopted. Supervisor Cofer stated he would approach the Town of Smithfield for a 20% contribution. Mr. Greaves requested that the Board waive their permit fees. County Attorney Crook advised .the Board that fees could not be waived because the Countysets the administrative fees based on what those fees generate and what the costs of the departments are. When you begin not paying fees, then the County is upsetting. the method by which the fees are determined. Under the law, :the County's fees have to be based on administrative costs. Mr. Greaves stated he could ask the contractor to advise of the exact permits fees which could be brought to the Board as a line item. County Administrator Standish requested Mr. Greaves to advise the Board when he could have a contract prepared for the County Attorney's review. Mr. Greaves replied thatbased upon the discussion tonight, he could have the contract prepared between the County and Virtexco within a couple days. County Administrator Standish stated the Board had previously reviewed the architectural/engineering agreement to oversee the closure of the landfill and included in the aor the closure of the landf IlhMro. Standish for the actual construction work f noted also included in the agenda is a bid tabulation sheet showing Central Builders as the low bidder at $752,950 and that he would recommend the Board accept this bid and authorize execution of the agreement. Supervisor Spady moved the Board accept the low bid of Central Builders in the amount of $752,950 and authorize execution of the following agreement: AGREEMENT THIS. CONTRACT made and entered into this _ day of _____~ 19_,_,_, by and between the County of Isle of Wight, Virginia, a Political Subdivision of the Commonwealth of Virginia hereinafter designated as the OWNER, and Central Builders, Inc., a North Carolina Corporation, hereinafter designated as the CONTRACTOR. WITNESSETH: That the parties hereto, each in consideration of the Agreements on the part of the other herein contained, have mutually agreed and hereby mutually agree, the Owner for itself and its successors and the Contractor for itself and its successor as follows: 1 1 13 80nK .~~ '~r;°1.~~3 ARTICLE 1. Under. this Agreement and Contract the Contractor shall construct Contract 137.1 for Isle of Wight County Landfill Closure for the.Lump Sum of $752,950.00. ARTICLE 2. In consideration of the payments er of all of the hereinafter provided, and of the performance. of ,the Own. matters and things to be performed by the Owner and herein provided; the Contractor agrees, at his -own sole cost and expense, to perform all the Iabor d services and to furnish all the labor and materials, plant and equipment .an necessary to complete, and to complete in good, substantial, workmanlike d under Article 1 hereof, within ib d e escr and approved manner, the Work the Hme hereinafter specified and in accordance with the terms, conditions . and .provisions of this Contract and with the instructions, orders and directions of the Engineer made. in accordance with this Contract. ARTLCLE 3.: The Owner agrees to pay and the Contractor agrees to accept as full compensation for all Work done, and materials, equipment and supplies furnished, and for materials, equipment and supplies sold, and also for all costs and expenses incurred, and loss or damages sustained by reason of the action of the elements, or growing out of the nature of the difficulty encountered in the o ti b r on struc Work, or from any unforeseen .o rosecution of the Work, and for all risks of every description connected p with the Work, and for all expenses incurred by or in consequence of, the Work as herein specified, and .for f th e suspension or discontinuance o faithfully completing the Work and the whole thereof as herein provided, i s and for maintaining .the Work in good condition until the final payment made, the prices stipulated in the Bid hereto attached. ARTICLE 4. The. following documents shall constitute intedrto and referr the whole to be collectively known t . , parts of this Agreemen as the Contract Documents or the Contract, and in the case of discrepancies among any parts of the Contract Documents,. preference shall be given in the following ,order: a. Addenda (later dates taking precedence over earlier dates) b. Special Provisions c. General Provisions d. Advertisement e. Information for Bidders f. Bid g. Payment Items h. Technical Specifications i. .Contract Drawings (detailed drawings taking precedence over general drawings) The Table of .Contents, Headings and Titles contained herein and in said documents are solely to facilitate reference to various provisions of the h e Contract Documents.. and in no way affect, limit or cast .light on t interpretation of the provisions to which they refer. ARTICLE 5. If the Contractor shall fail to comply with any of the terms, .conditions, provisions or stipulations of this Contract, according to 14 aoe~ 15 ~~+;~ ?24 the true intent and meaning thereof, then the Owner may make use of any or all remedies provided in his behalf in the Contract and shall have the right and power to proceed in accordance with the provisions thereof. ARTICLE 6. The. following addendum has been made and included in this Contract before it was signed by the parties hereto: Addendum No. 1-October 2Q, 1992. ARTICLE 7. This Agreement. shall be construed and enforced in accordance with the laws of the State of Virginia. ARTICLE 8. The Contractor agrees: a. He hereby voluntarily and irrevocably submits himself to the jurisdiction and venue of any court of competent jurisdiction over the subject matter of this Contract located within the State of Virginia in which any litigation is brought based on or arising out of this Contract. b. Any litigation. brought by the Contractor based on or arising out of this Contract shall be brought only in the Circuit Court of the State of Virginia within the county in which the Owner is located. c. Any legal .process or notice connected with any . litigation may be served on the .Contractor by United States registered mail, postage prepaid, addressed to the Contractor at his address stated in this Contract or at the address stated in this Contract for the furnishing of .notices to the Contractor or at the Contractor's last .known address, and that service in such manner "shall constitute good .and valid service of process upon the Contractor. d, The Contractor hereby waives any defense which might be available to it in any such litigation based on or alleging lack of jurisdiction of venue, or, if process is served in the .manner provided in subparagraph jc) immediately above, invalid service of process, and that he will. duly enter his appearance in any such action. e, This Contract may be presented in court as conclusive evidence of the foregoing agreement. ARTICLE 9. This Contract is let subject to the following special provisions: Work to be complete within 180 calendar days after the Notice to Proceed is issued. [J 1 15 . •~. soon 15 .~~; ?~`~ Liquidated damages in the sum of $200.00 per day for each calendar day the Work is not completed plus such additional engineering and inspection expenses which may be incurred by the Owner. The motion was unanimously {5-0) adopted. County Administrator Standish stated included in the agenda is the Town of Windsor's request for payment for the volunteer fire department . facility, in the.. amount of $37,431.90. Mr. Standish further stated he would recommend the Board appropriate the second $150,000 amount for this project. . Supervisor Bradshaw stated he wanted to make sure this building is inspected adequately because he did not want to run into the same problems he had with the Windsor Rescue Squad building. County Administrator Standish stated to his knowledge, the building is being inspected at appropriate intervals, -but that he would double check to be sure. Supervisor Bradshaw moved the Board approve .the Town of Windsor's request for payment in the amount of $37,431.90 and the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED FIFTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND. TO THE CAPITAL BUDGET FOR THE WINDSOR VOLUNTEER FIRE DEPARTMENT FACILITY WHEREAS, the Board. of Supervisors of the County of Isle of Wight, Virginia has approved the funding for a new Windsor Volunteer Fire Department facility; and,. WHEREAS, the funds in the amount of one hundred fifty thousand dollars ($150,00) need to be appropriated from the unappropriated fund balance to the capital budget in the 1992-93 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County. of Isle of Wight, Virginia that one hundred .fifty housand dollars ($150,000) from the unappropriated fund balance be appropriated to the capital. budget 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 authori2ed to make the appropriate accounting adjustments in the budget and to do ail the things necessary to give this resolution effect. The motion was (4-0) adopted with all members voting in favor except Supervisor Spady who abstained. ', 16 ~o~~ . 15 ~a~:~2~fi County Administrator Standish stated included in the agenda is a request from the Commissioner of the Revenue for an additional $11,225 to - implement the hardware and software portion of the data processing program for the ,proration of personal property tax. - Gerald H. Gwaltney, Commissioner of the Revenue, informed the Board that the main Name in his office does not have necessary equipment for the line from Richmond to tie into it, and the company that makes that equipment is no longer in business. Supervisor Bradshaw urged the Board to appropriate the necessary funds to install a County-owned computer system. Supervisor Cofer stated he agreed with Supervisor Bradshaw and that the Board would consider the matter in this year's budget. Supervisor Spady requested Mr. Gwaltney to investigate hooking into the Monette system and moved the Board table the matter until the March 4, 1993 meeting. The motion was unanimously (5-0) adopted. County Administrator Standish noted that the delinquent tax attorneys have collected $650,204 through the end of January, at a cost of $73,981, which represents 11% of the amount collected. County Administrator Standish stated under separate cover the Board was sent. bids received from the appraisal firms of Wingate and Pearson- which the Board may wish to discuss in executive session later in the meeting. // Chairman Edwards called for Old Business. There was no old business for discussion by the Board. // Chairman Edwards called for New Business. There was no new business. for discussion by the Board. /I Chairman Edwards called for Appointments. Supervisor Cofer moved the Board appoint Hazel Clemons to the Sodal Services Board to fill the unexpired term of Willie Hill whose term expires in November of 1993. The. motion was unanimously (5-0) adopted. Supervisor Spady moved ,the Board appoint Carroll E. Keen, Jr. to the Industrial Development Authority to fill his unexpired term which expires in March of 1994. The motion was unanimously (5-0) adopted. // U 17 .•. eoo~ 15. ~~.;~?27 Chairman Edwards called for approval of the January 21, 1993 minutes of the Board. Supervisor Cofer moved the Board adopt the January 21,1993 minutes of the Board. The minutes were unanimously (5-0) adopted. // County Attorney Crook requested an executive session under Section 2.1-344.A1 of the Freedom of Information Act to interview prospective applicants for professional services for the reassessment. At 8:25 p.m., Supervisor Bradshaw moved the Board go into executive session for the reason stated by the County Attorney. The motion was unanimously (5-0) .adopted. Upon returning to open session at 8:38 p.m., Supervisor Cofer moved .the Board adopf the following resolution: CERTIFICATION OF EXECUTIVE .MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with -the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in .conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that,. to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the .executive meeting to which .this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive. meeting were heard,. discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. Supervisor Spady moved. the Board direct County, staff to invite the firms of .Wingate and Pearson to the Board's. March 4, 1993 meeting to be interviewed by the Board far possible employment for the reassessment effort. The motion was unanimously (5-0) adopted. 18 aooK 15 r~+:r228 ~~ At 8:40 p.m., Supervisor Cofer moved the Board adjourn. The motion to adjourn was unanimously (5-0) adopted. ~~.JIJ~-~1.. Steve W. Edwards, Chairman 1 1 1