05-20-1993 Regular Meeting
BOOR ~5 YdGf~J~O
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF MAY IN THE 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:
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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 6:00 p.m. The
invocation was delivered by Supervisor Spady.
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Chairman Edwards called for Citizens Comments.
Janice Barrington of Lees Mill Road stated Carrsville Elementary
School is the only school located in the County that did not pass the
facilities study when it was performed last year. Ms. Barrington .further
stated on behalf of the residents of Carrsville she would like to request that
the Board keep Phase II on schedule.
Grace Keen of Benns Church Boulevard stated she is pleased that
Ragged Island has been reopened; however, she would like to request that
some provision be implemented to close it at sundown and reopen it at
daylight. Ms. Keen further stated although she was aware that the County
did not have jurisdiction over Ragged Island, she would like to request that
the appropriate officials be contacted regarding the matter.,
Supervisor Spady noted there are many people who fish off the bank
at Ragged Island which may not be in favor of this request.
Ms. Keen stated regarding the Race Track gas station property being
officially rezoned, some of the adjoining land owners were concerned that
they did not have the opportunity to address the matter at a public hearing.
Ms. Keen stated she did not believe that commercial property was taxed
differently than real estate and one of the property owners suggested that
the County consider this because when the property is rezoned, the
property owner pays the commercial rates and then the County will be sure
of what takes .place. She also questioned when property is rezoned in the
future and no activity takes place on the property,. could it be reviewed.
Reverend Perry, member of the School Board and resident of the
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Carrsville District, stated 40% of the taxes are provided by the Carrsville
• District which is also in the County's comprehensive growth plan and the
School Board's capital improvements plan. Reverend Perry further stated.
Carrsville Elementary School was the worst facility in the entire County
according to the facilities study and to eliminate it from Phase II would be
a .mistake. Reverend Perry urged the Board to keep the Carrsville School
in Phase II and that it be funded according to the previous schedule.
Bill Barrett of the Carrsville District stated the Board is responsible to
the County as a whole and not just one section and actions taken by the
Board affects the entire County. Mr. Barrett further stated Carrsville is
usually the tail end of anything being done. and if it had. not been for
Supervisor Bradshaw, Carrsville may not have gotten what they do have.
Mr. Barrett stated the County has begun a school'in Carrollton and. one is
anticipated for the Town of Windsor and in all fairness the next school to
be built should be in Carrsville.
Mr. Barrett requested that the Board allow citizens comments after
each item of the agenda to allow citizens an opportunity to comment on all
aspects of County business.
Brian Carroll, President of Isle of Wight Rescue Squad in Smithfield,
stated for FY1993-94, the Squad requested from the County $60,000 in
operating expenses and $45,000 in capital improvement money of which
$30,000 was to be used for vehicle improvements and $15,000 towards hearE
monitors and defibrillator. Mr. Carroll stated thus far the Squad is suppose
to receive $52,500 in operating money and $10,000 in capital improvement
money. Mr. Carroll continued the Squad requested from the Town of
Smithfield $40,000 operating money and $15,000 for vehicle maintenance
and heart monitors and he was told that the proposed budget from the
Town was to approve all these funds for a total of $55,000 compared to a
total proposal from the County of $62,500 of the $100,000 requested. Mr.
Carroll stated last year the Squad received a total of 1,422 ambulance calls
and traveled a total of 64,305 ambulance miles and they are also considered
an advance life support agency which adds considerably to the cost of the
agency. Mr. Carroll pointed out that the Windsor Rescue Squad ran a total
of 637 calls last year and they are also proposed to receive $52,500 and
although he believes-the Windsor Rescue Squad does need this proposed
amount, he also believes that the Isle of Wight Rescue Squad is in need of
considerably more monetary support from the County. Mr. Carroll stated
the Squad received a State grant last year. for capital improvement money
to purchase two heart monitors at a cost of $20,000 of which $9,000 was
` grant money. The difference must be made up by the agency and due to
the age of their monitors, the Squad has chosen to purchase three at a total
cost of $30,000.. Mr. Carroll stated the $15,000 request from the County
must be received to cover the cost as they have. already purchased these
units. Mr. Carroll further stated the Squad has also requested an additional
$30,000 for vehicle improvements, none of which was proposed, and due
to their call demand, it is essential for them to maintain a reserve
ambulance. Failure to maintain this reserve may result in serious problems
when it comes to covering calls and because if they do not receive
substantial monetary support from the County, it will cause the members
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to devote more time towards raising money and less time in the ambulance.
Mr. Carroll stated .volunteers are a very essential part of the County's
emergency services; however, it will soon become impossible to run a
volunteer agency without the County's support. The $60,000 in operating
money and $45,000 in capital improvement money is a nominal fee
compared to .the $600,000 it will take for the County to run this
organization. Mr. Carroll urged the Board to reconsider their proposal to
their operating budget for FY1993-94.
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Chairman Edwards called for transportation matters.
iviacFarland Neblett, Resident Engineer, .Virginia. Department of
Transportation, introduced David Stanley, an engineer trainee with VDOT.
Mr. Neblett. advised a location design public hearing would be held
on June 16, 1993 at the Rescue Community Building for the Route 704
Rescue Bridge. project. At 6:00 p.m., a project showing will be held with a
public hearing to commence at 7:00 p.rn. Mr. Neblett stated the project is
to replace the existing structure which was built in 1937 with a posted
capacity. of ten tons consisting of concrete deck with steel beams on a
timber substructural foundation. Current roadway width is 23 feet with a
five foot sidewalk on both sides. The new bridge will be approximately 350.
feet in length with a five foot sidewalk on the north side. Mr. Neblett
stated the project will require a minimum of 50 foot right of way and some
right of way will have to be purchased. Regarding the roadway approaches
to the bridge, VDOT is considering 22 feet of pavement and the approaches
with six foot shoulders. The environmental document for the project has
been approved by the Federal Highway Administration and other agencies
and VDOT has satisfied the Virginia Department of Historic Resources
regarding the historic nature of the bridge. Mr. Neblett stated VDOT would
.present the following three proposals at the public hearing: Build the
bridge upstream as directed by the Board of Supervisors in October of 1990;
replace the bridge in the same location as the existing bridge which would
require a detour; and/or remove half the existing bridge while the new
bridge. is built. Mr. Neblett stated the structural integrity of the existing
bridge at Rescue will not allow the latter proposal because of the timber
substructure. Mr. Neblett stated the present traffic count on Route 704 is
1,200 vehicles per day, the 1996 projected traffic count is 1,350 per day and
in 2006, the traffic count is projected at 1,600 per day. Mr. Neblett stated
he would return after the public hearing to seek a recommendation from
the Board and VDOT is anticipating right of way purchase to begin in the
winter of 1993 and construction to begin in the Fall of 1994.
Chairman Edwards called for highway concerns of the Board.
Supervisor Bradshaw requested VDOT to cut the tree limbs hanging
over the road on River Run Trail and either place signs on the road near the
main office at Union Camp stating "no trucks allowed" or mark the street
that the .trucks are supposed to be on.
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Mr. Neblett stated he would speak with Union Camp on the matter
and VDOT would review the possibility of posting signs on the roads that
the trucks should be using. However, regarding restricting truck traffic on
a particular street, there is a lengthy process the County would have to go
through which includes public hearings, he stated.
Supervisor Bradshaw stated he has spoken with Billy Camp regarding
the sharp curve on Pruden Road and asked Mr. Neblett wher- he would be
contacting him.
Mr. Neblett stated he would contact Supervisor Bradshaw the first of
next week regarding the research VDOT has performed on the matter.
Supervisor Bradshaw requested the County Attorney to elaborate on
the status of the Walter's Prison Camp being reopened.
County Attorney Crook stated a letter was written to the appropriate
officials,. but he would send afollow-up letter if Supervisor Bradshaw
desired.
Supervisor Bradshaw moved the Board direct the County Attorney to
prepare afollow-up letter to the Governor and legislative delegation
requesting that the Walter's Prison Camp- be reopened. The motion was
unanimously (5-0) adopted.
Henry Bell informed the Board that several weeks ago an accident
occurred on Route 681 and requested Mr. Neblett to give a status report on
the Route 681 right-of-way acquisition.
Mr. Neblett stated to date, VDOT has obtained three signatures.
There is one property owner in Connecticut who has been contacted who
indicated a willingness to donate the necessary right of way. Mr. Neblett
stated there are two additional signatures to obtain before the matter is
brought to the Board for consideration.
Supervisor Bradby requested VDOT to clean the ditches in the Central
Hill area.
Mr. Neblett stated some minimal work has been performed and
VDOT is waiting for the ditch cleaning machine and the ground to harden
before performing more extensive drainage work.
Supervisor Bradby asked Mr. Neblett if the speed limit signs have
been posted in the Central Hill area.
Mr. Neblett stated #hey have been installed and an additional sign has
been requested which VDOT is currently reviewing.
Michael Uzzell, Central Hills Estates, stated the existing speed limit
sign cannot be seen from Route 637.
Supervisor Spady requested Mr. Neblett to prepare a deed for
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Laurelwood Drive for the property owners to sign.
Mr. Neblett stated VDOT would get the necessary paperwork done
and he would need to speak with VDOT's staff attorney to determine the.
necessary procedure to get it dedicated to the County.
Supervisor Spady requested the status of the bump on Route ?04.
Mr. Neblett explained before VDOT leaves this project, the bump in
the road will be leveled.
Supervisor Cofer asked Mr. Neblett if VDOT's wrecker driver on the.
James River Bridge is available 24 hours a day and if so, perhaps he could
be available to lock and unlock the gate at Ragged Island.
Mr. Neblett stated the wrecker does make circular trips; however,
Ragged Island is controlled by the Commission of Game and Inland
Fisheries.
County Attorney Crook stated Peter Andrew, .the Construction
Manager on the Carrollton Elementary School project has a request
concerning Route 711 that should be brought up while Mr. Neblett is
present.
Peter Andrew, the School Board's Program Manager on the Carrollton
Elementary School project, submitted a map of the Route 711 access road
to the school. Mr. Andrea stated construction on the project began before
'., the drawings and the project was approved for the widening of Route 711.
Mr. Andrew .stated after construction started, the School Board requested
additional funds from the County to perform this work and the goal is to
finish the school by September 1,1993. Mr. Andrew stated if the contractor
is able to close the road for thirty days it may save approximately $30,000
and help to meet the completion date of September 1, 1993.
Roy Spears, President of Shirley Construction, stated he understood
in order to close a road the Board is required to hold a public hearing
which may require thirty days to accomplish. Mr. Spears stated unless the
road was closed, it would require double the time to accomplish the
widening project.
County Attorney Crook stated the authority to close a road during
construction lies with the Highway Commissioner and he wanted Mr.
Neblett to elaborate on the matter as to the procedures. The County cannot
close a road although they can request the Highway Commissioner to
consider closing it for the construction.
Mr. Neblett stated it is a lengthy process to close a road for
construction purposes which is not deemed an emergency. Mr. Neblett
stated he discussed the matter with Mr. Andrew and Mr. Spears and
explained that a public hearing would need to be held with a resolution
from the Board of Supervisors requesting the closing of the road. Mr.
Neblett stated there needs to be a notice published in the papers for a
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public hearing which may require a #hirty to sixty day procedure.
. Normally, when VDOT constructs a road, the road is not closed, but is built
under traffic. Mr. Neblett pointed out that Route 711.is a hard surface road
and the detour (Route 665) is a gravel road that is narrow with a sharp
turn. Mr. Neblett stated the closure of the road would affect approximately
32 residences which should have the opportunity to speak during a public
hearing. Mr. Neblett stated Route 711 is not currently built to handle the
types of traffic such as school buses, food delivery trucks and other service
trucks that deliver supplies to the school. The road currently has an
eighteen foot wide pavement and VDOT is now .requesting atwenty-two
foot pavement. The road currently has two-foot shoulders and to stay
within the existing forty-foot right of way, the shoulders can be widened to
four feet.
County Attorney Crook stated the County currently has a fifty-foot
right of way.
Mr. Neblett stated the County has obtained additional right of way of
twenty feet, but this is also the side that the power poles are located on and
if the School Board allows VDOT to utilize that. twenty-foot right of way,
the poles will have to be moved. In an effort to work with the County,
VDOT obtained a variance to build the road within the existing forty-foot
right of way so the power poles would not have. to be moved.
County Administrator Standish asked Mr. Neblett if utility relocation
is an eligible project cost out of VDOT's budget.
Mr. Neblett replied "no", not in this instance.
Supervisor Spady asked Mr. Neblett if VDOT would stop the school
buses from utilizing the roads if the work is not completed on time.
Mr. Neblett stated he believed the contractor would have the road
built on time. If VDOT put a road like this out to contract, VDOT would
bid it out as a ninety-day contract expecting the contractor to have the road
completed within sixty days.
Supervisor Spady suggested approaching Mr. Kirk regarding the right
of way on the other side of the road.
County Attorney Crook stated VDOT's requirements did. not indicate
that the County needed additional right of way but additional right of way
was obtained from Norsworthy because of the road and the water line.
Mr. Neblett stated a road can be built under traffic, particularly a road
such as this because it is straight.
Mr. Spears stated he has on board contractors that do not want to do
this project because they looked at the contract and revisions as the road
being closed. Mr. Shears stated if he had to seek other contractors to
perform the work then it would take additional time and the inconvenience
of closing the road will be slight compared to the safety concerns.
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Mr. Neblett stated he is governed by State law and VDOT's policy,
• although he will work with the Board in any way to speed the process up.
County Attorney Crook stated the Board has had similar requests and
VDOT normally requests the Board to adopt a resolution requesting the
Commissioner to close the road during construction. In most cases, the
Board has held a public hearing before adopting the resolution, except in
cases of emergency. The question before the Board tonight is whether to do
this without a public 1'.earing or not. County .Attorney Crook stated the
Board could schedule a special meeting in two weeks and advertise the
matter for public hearing at that meeting if the Board wants to speed the
matter up.
iVir. Spears suggested typing a letter to send to the adjoining property
owners instead of holding a public hearing.
County Attorney Crook stated this could be done; however, this
would not substitute for a public hearing because there are other users of
the road besides the citizens who live there.
Supervisor Bradby moved the Board continue their meeting to June
3,1993 at 2:00 p.m. and direct the County Attorney to place the appropriate
notice in the papers for the purpose of a public hearing to entertain
comments on the closing of Route 711 during the construction process. The
motion was unanimously (5-0) adopted.
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County Attorney Crook requested an executive session pursuant to
the Freedom of Information Act. under Section 2.1-344 Al concerning
employment of consultants.
Supervisor Cofer moved the Board amend the agenda to allow the
Board to go into executive session. The motion was unanimously (5-0)
adopted.
At 7:10 p.m., Supervisor Cofer 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 7:40 p.m., Supervisor Cofer moved
the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of the Virginia Freedom of Information Act;
and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
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conformity with Virginia law;
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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.
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Supervisor Cofer moved the Board amend the agenda to hear I#em 11.
The motion was unanimously (5-0) adopted.
Chairman Edwards called for a public hearing on .the following:
An Ordinance to Amend Section 15-37, Home Occupation, of
the Zoning Ordinance of Isle of Wight County, Virginia,. to
Redefine Home Occupations in Said Ordinance
` County Attorney Crook stated the current home occupation provisions
of the Zoning Ordinance are brief and it was found by counsel and staff
that such provisions should be expanded upon and the proposed
amendment of home occupations is basically taken from the new Zoning
Ordinance under study by the County. Mr. Crook explained the County
needs this amendment to the existing Zoning Ordinance as soon as possible.
Chairman Edwards called for comments from citizens.
No one appeared.
Chairman Edwards called for comments from the Board.
C,
Supervisor Spady moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND SECTION 15-37,
HOME OCCUPATION, OF THE ZONING ORDINANCE
OF ISLE OF WIGHT COUN'T`Y, VIRGINIA, TO
RIDEFINE HOME OCCUPATIONS IN SAID ORDINANCE
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BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
• of Isle of Wight ~ County, Virginia, that Section 15-37 of the Zoning
Ordinance of Isle of Wight County, Virginia, be and the same is hereby
amended to read as follows:
Sec. 15-37. Horne occupations.
Home occupations are the accessory use of a residence involving the
conduct of an art or profession, the offering of a service, the conduct of a
business, or the production of handicrafts on a residential site. The use is
incidental and secondary to the primary use of the dwelling for residential
purposes, and shall .not change the character of the residential use or
adversely affect the uses permitted in the residential district of which it is
apart:
A. All proposed home occupation uses, including the
. expansion or replacement of an existing use or
structure,. shall conform to the performance
standards below, as well as all other applicable laws
and regulations of the County, State and Federal
government.
1. The home occupation and its associated
structures shall conform to all applicable
standards for the zoning district.
2. Home occupations shall be conducted
entirely within the residence. The area
used for the home occupation shall not
exceed twenty-five (25%) percent of the
gross floor area of the. residence.
3. The home occupation shall in no way
cause the residential appearance or
character of the premises to differ from
the surrounding residential area. Home
occupations shall not be conducted in
such a manner as to produce noise, dust,
vibration, glare, smoke or smell,
.electrical interference, fire hazard, traffic,
or any other nuisance not typically
experienced in the zoning district where
the property is located.
4. No use shall require internal or external
construction features or the use of
electrical, mechanical, or other
equipment that would change the fire
rating of the structure or in any way
significantly increase the fire danger to
neighboring structures or residences.
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5. Signs shall conform to the. signage
provisions of this Ordinance.
6. No outside storage of material, goods,
supplies, or equipment related to the
operation of the home. occupation shall
be allowed.
7. Merchandise shall be limited only to
products manufactured or substantially
altered on the premises or to incidental
supplies necessary for the conduct of the
home occupation. Items shall not be
• purchased off site for resale.
8. To the extent that there is any sale of
any item related to a home occupation,
. delivery of that item to the buyer should
. occur off the premises.
9. No person other than a member of the
family residing on the premises shall be
employed in the home occupation.
10. Any need for parking generated by the
home occupation shall be cff-street and
in the side or rear yard of the structure.
The Zoning Administrator shall.
determine the number of parking spaces
required based on parking requirements
for like uses contained in this Ordinance.
11. No commercial vehicle shall be used in
connection with the home occupation for
delivery of goods to or from the
premises, nor parked on the property.
This provision does not preclude .the
delivery of mail or packages by the
Postal Service or by private or public
shipping and courier services.
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12. No more than one (1) home occupation
per residence shall be allowed.
13. Home occupations that attract customers
or clients to the premises shalt not be
allowed in multifamily dwelling units.
B. Among the uses that shall not be interpreted to be
home occupations are-the following:
1. Vehicle or boat repair or painting;
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2. Construction equipment or materials
storage;
3, Equipment or .vehicle rental;
4. Seafood or bait sales;
5. Furniture sales;
6. Funeral director, mortuary or
undertaker;
• 7. Glazer's or painter's shop;
8. Heating, plumbing, or air .conditioning
services;
9. Laboratory or taxidermy shop;
10. Medical or dental clinic;
11. Private clubs;
12. Restaurants;
13. Animalhospitals;
14. Commercial stables;
15. Kennels;
16. Antique shops;
17. Gun shops;
18. Tourist homes;
19. Fortune-teller, including a clairvoyant, a
practitioner of palmistry, a phrenologist, '
a faith healer, a star analyst, a
handwriting analyst who attempts to
predict the future or any other person
who attempts to predict the future;
20. Tattoo parlors.
C. The following is a representative listing of uses
which may be conducted as home occupations
within the limits established in this section,
however, uses not listed below require a specific
letter of confirmation from the Zoning
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Administrator:
1. Art, handicraft, music, writing,
photography, or similar studios;
2. Direct sale product distribution;
3. Dressmaker, seamstress, tailor;
4. Hair cutting and styling;
5. Home typing or computer services;
• 6. Mail-order sales;
7. Nonprincipal offices of physician,
dentist, veterinarian, insurance agent,
real estate or similar profession;
8. ~ Offices of accountant, architect, engineer,
surveyor, land planner, lawyer, income
tax preparer, minister, priest, rabbi,
member of a religious order,
psychotherapist, counselor, personal
consultant or similar profession;
9. Repair of small appliances, small engines
and limited machining of small parts,.
office machines,. cameras, and similar
small items;
10. Telephone sales and order-taking by
telephone;
11. Tutor;
12. Preparation of -food -for off-premises
catering.
The motion passed (4-0) with Supervisor Bradshaw abstaining from
voting.
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Chairman Edwards called for FY1993-94 budgets.
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County Administrator Standish stated the .Board has received
recommendations from the Finance Committee for adjustments to the
Budget which was advertised. Mr. Standish stated an additional $34,584 of
non-local monies and an additional $50,487 of local monies is proposed to
be added to the Operating Budget, as well as adjustments to the Capital
Budget in the amount of $66,500. Mr. Standish reminded the Board that at
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their last meeting they did add $275,000 to the School Budget and
appropriate adjustments in the revenue portion have been made.
Chairman Edwards asked Supervisor Cofer, a member of the Finance
Committee, if the adjustment made to the line item for Social Services
would still be able to maintain the Companion Program this year.
Supervisor Cofer stated the Social Services Board had authorized a
$.40 per hour increase for the Companion Aides and in light of what the
Board has done for County employees, the Finance Committee recommends
half that amount or $.20 per hour which still gives the Aides a 7% increase.
Supervisor Cofer stated there are sufficient funds to do the sixty-five
individuals Social Services currently has.
Supervisor Bradshaw stated there is a $57,135 difference in what
Social Services has requested and- the Finance Committee would like to
place a cap on the number of elderly participants.
Supervisor .Spady stated the Finance Committee would like to limit
the number of cases to a reasonable figure and if the County provides for
every individual who needs the care, the figure would be too large.
Supervisor Spady stated last year the Board requested Social. Services to
keep the number of participants to fifty, but Social Services had money
during. the year they had not used because they did not have the fifty
participants when the Board appropriated the funds and they used that
extra money to bring in extra cases, bringing the number to sixty five.
Supervisor Spady stated what the Finance Committee is suggesting is that
the Board would fund the money to handle sixty-five participants; however,
as attrition occurs, then they will reduce the number of participants.
Supervisor Bradshaw stated it is a hardship for the elderly citizens,
but he did want to be conservative with the Counts funds. Supervisor
Bradshaw stated insurance for the elderly is beginning to become a serious
problem for which he has no solution. Supervisor Bradshaw stated the
State has cut back on funds for the elderly and increased the funds for day-
care.
Supervisor Bradby stated once an elderly person becomes deceased,
that opening can be moved to another elderly person which would leave.
the County maintaining the number at sixty-five participants.
Chairman Edwards stated he would like to see the County expand the
program, but the .Board knows. this is not possible.
Supervisor Cofer moved the Board fund an additional $4,275 to the
Rawl's Library Budget with the request that a report be provided by Rawls
by July outlining the use of locally-provided funds. The motion was
unanimously (5-0) adopted.
Supervisor Cofer moved the Board fund an additional $13,520 to the
Social Services Budget, and approve the additional Federal/State funding
in the amount of $34,584. The motion was unanimously {5-0) adopted.
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Supervisor Bradshaw stated the County was fortunate to have Alan
Nogiec as Director of the Recreational Facilities Authority who needs an
additional helper. Supervisor Bradshaw further stated- the Authority is
growing and Alan. has never complained when asked to do something.
Supervisor Bradshaw moved the Board authorize the Recreational
- Facilities Authority general insurance coverage to be included with other
County departments to be paid from the County General Fund, and fund
an additional $17,000 to the Authority. The.. motion passed (41) with all
members voting in favor of the motion except Supervisor Spady who voted
against the motion.
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Supervisor Cofer stated regarding the insurance, the County pays their
insurance and the Authority reimburses the County so this will have no
direct effect ~on the budget and in doing research on the matter, it was
found that the Authority has existing personnel policies which appear to
have an effect on existing resources, which he feels they should solve this
problem first. Supervisor Cofer stated he would like for the Authority to
review their own policies.
Supervisor Cofer moved the Board approve a 2.4% salary increase for
all employees effective July 1, 1993 among the five Constitutional offices.
The motion was unanimously (5-0) adopted.
Supervisor Spady moved the Board approve an additional $5,496 to
the Commissioner of Revenue's Budget for a Business License Tax Auditor
position. The motion was unanimously (5-0) adopted.
Supervisor Edwards moved the Board approve an additional $50,000
to the Capital Budget for the Windsor Library. The motion was
unanimously (5-0) adopted.
Supervisor Bradby moved the Board approve an additional $26,500 to
the Rushmere Volunteer Fire Station Budget for a kitchen .addition. The
motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board reduce the Personal Property tax
rate from $4.50 to $4.40. The motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board increase the Real Estate Tax rate
to $.74. The motion was .unanimously (5-0) adopted.
Supervisor Cofer moved the Board retain- the existing Machinery &
Tools tax rate at $.94. The motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board retain the Farm Machinery tax rate
at $.91. The motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board retain the existing Boats,
Watercraft and Aircraft tax rate at $1.00. The motion was unanimously (5-0)
adopted.
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Supervisor Cofer moved the Board adopt the following ordinance:
AN ORDINANCE TO IMPOSE TALC LEVIES FOR
ISLE OF WIGHT COUNTY, VIRGINIA
FOR FISCAL YEAR JULY 1, 1993 THROUGH
JUNE 30, 1994
ADOPTED THE 20TH DAY OF MAY, 1993
BE TT AND IT IS HEREBY ORDAINED BY THE BOARD OF
SUPERVISORS OF THE County of Isle of Wight, Virginia, to-wit:
(1) That there is hereby levied for the fiscal year beginning July 1,
1993, a tax of $0.74 per one hundred dollars of assessed valuation on all
taxable real estate, and all real and personal property of public service
corporations in accordance with- Section 58.1-2606 of the Code of Virginia,
as amended;
(2) That there is hereby levied for the fiscal year beginning July 1,
1993, a tax of $0.94 per one hundred dollars of assessed valuation on
machinery and tools. used in manufacturing, mining, processing and re-
processing businesses as defined in Section 58.1-3507 of the Code of
Virginia, as amended;
(3) That there is hereby levied for the fiscal year beginning July 1,
1993, a tax of $0.91 per one hundred dollars of assessed valuation on farm
machinery and implements as defined in Section 58.1-3505 of the Code of
Virginia, as amended;
(4) That. there is hereby levied for the fiscal year beginning July 1,
1993, a tax of $1.00 per one. hundred dollars of assessed valuation on boats,
watercraft and aircraft as defined in .Section 58.1-3506 of the Code of
Virginia, as amended;
(5) That there is hereby levied for the fiscal year beginning July 1,
1993, atax- of $4.40 per one hundred dollars of assessed valuation on all
other tangible personal property as defined and classified in Sections 58.1-
3500, 58.1-3501, 58.1-3502, ,58.1-3503, 58.1-3504 and 58.1-3506 of the Code of
Virginia, except that all household goods and personal effects as defined
and classified in Section 58.1-3504 are exempt from said levy;
(6) That there is hereby levied for the fiscal year beginning July 1,
1993, a tax of one half of one percent of the gross receipts on all telephone
and telegraph companies, water companies, and heat, light and power
companies accruing from business in the County of Isle of Wight, Virginia,
pursuant to Section 58:1-3731 of the Code of Virginia, as amended, however,
in the case of telephone companies, charges for long distance telephone calls
shall be included in gross receipts for purposes of license taxation.
BE TT FURTHER ORDAINED AS FOLLOWS:
(a) That all proceeds received for the fiscal year beginning July 1,
1993, from the County general tax rate levies, from other local revenue,
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from Federal and State funds and supplements and from all other funds
• and sources for general County functions and purposes, including public
schools and public welfare, be credited to the General.Revenue Fund of this
County, and, when and if appropriated by the Board of Supervisors of this
County, shall be used for such functions and purposes and to defray the
charges and expenses of said County and .all necessary charges incident to
or arising from the execution of the lawful authority of the Board of
Supervisors of this County;
(b) That lump sum appropriations are hereby made on an annual
basis for the fiscal year beginning July 1, 1993 -from the General Revenue
Fund to the funds and for the separate items, categories, functions and
purposes as shown and indicated in the budget adopted by the Board of
Supervisors May 20, 1993.
(c) That the County Administrator is hereby authorized to make all
expenditures in payment of all line items in said budget at any time during
the fiscal year in any amounts so long as said amounts are not greater than
the amount available in the fund for such item or category and said County
Administrator is hereby authorized to make line item. transfers within
categories and from category to category so long as said transfers of line
items are within said budget and do not. exceed the funds available for such
purpose.
(d) That all encumbered funds which are earmarked for specific
projects which are not expended during the current fiscal year will be
carried over as encumbered funds for said project for the ensuing years
unless said encumbrances are removed by action by .the Board of
Supervisors.
(e) That the Treasurer of Isle of Wight County is hereby authorized
and directed to transfer to the indicated appropriate "funds" in the aforesaid
Budget estimates from the General Revenue Fund, from time to time, as
monies become available, sums equal to but not in excess. of the
appropriation herein made to .such "funds" for the functions and purposes
herein indicated from the General Revenue Fund for the period covered by
this appropriation ordinance.
(f) That the Treasurer of Isle of Wight County is hereby authorized
to honor and pay all warrants and to pay out funds from the various
"funds" indicated in said Budget estimates for any contemplated
expenditure for which funds have been made available and appropriated
for such contemplated expenditures;
(g) That this ordinance be entered in the minutes of this Board of
Supervisors and that copies hereof certified by the Clerk of this Board, be
furnished the Treasurer of this County.
The motion was -unanimously (5-0) adopted.
Supervisor Cofer moved the Board adopt the Operating Budget in the
amended amount of $34,026,835. The motion was unanimously (5-0)
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adopted; however, Chairman Edwards wanted the record to reflect that he
refrained from discussing and abstained from voting on the County
Attorney's budget.
Supervisor Spady moved the Board adopt the Capital Budget in the
amended amount of $829,035. The motion was unanimously (5-0) adopted.
Supervisor Bradby moved 'the Board adopt the Public Service
Authority (Utilities) Budget in the amount of $218,917. The motion was
unanimously (5-0) adopted.
Supervisor Spady moved .the Board adopt the E-911 Budget in the
amount of $80,000. The motion was unanimously (5-0) adopted.
//
Chairman Edwards called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community.
Development, presented the following for the Board's consideration:
A. Request. of Benns United Methodist Church for a
partial exemption from certain requirements of the
Isle of Wight County Highway Corridor District
.with regard to the .proposed construction of an
addition to the church located at the intersection of
Berms Church Boulevard (Route 10/32) and
Brewer's Neck Boulevard (Route 258/ 32), located in
Newport Magisterial District.
Mr. Caskey stated the proposed church addition is causing the
existing. vehicular access drive to be relocated within the required minimum
buffer yard and is proposed to be surfaced with gravel which is not
permitted by the Ordinance. Mr. Caskey stated the proposed addition
meets all of the other .requirements of the Highway Corridor Overlay
District including the buffer yard requirement for the addition itself. Mr.
Caskey continued the Board does have the authority to grant these
exemptions and the Ordinance .provides that such exemptions shall follow
a" process of .being granted by the Board of Supervisors with a
recommendation by the Planning Commission. Mr. Caskey stated the.
Planning. Commission voted unanimously to recommend approval of the
request to the Board.
Supervisor Spady moved the Board approve the request.. The motion
was unanimously (5-0) adopted.
B. The request of Berms United Methodist Church to
construct an addition to the existing church located
at the intersection of Benns Church Boulevard
(Route 10/32) and Brewer's Neck Boulevard (Route
258/32) in the St. Luke's Historical District, located
in Newport Magisterial District.
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Mr. Caskey stated the fact that the church is located within the
• historical district requires review of the church construction plans by the
Historic Architectural Review Committee and a recommendation to the
Board in terms of its compliance and compatibility with that historic
district. Mr. Caskey further stated the Historic Architectural Review
Committee met on April 28, 1993 where the final plans were presented of
' the proposed addition. The Committee discussed the request relative to the
incorporation of recommendations made during consideration previously
of the prior building plans and the overall continuity of the architectural
design and details of the existing church. The Committee unanimously
recommends approval of the request to the Board subject to the addition
being constructed as depicted in the building plans presented by the
applicant. .
Supervisor Spady moved the Board approve the request. The. motion
was unanimously (5-0) adopted.
C. The request of Queen Anne's Associates for color
selections for four (4) buildings in Section III and
one (1) additional building in Section I of the Queen
Anne's Court Townhouses located on Brewers Neck
Boulevard (Route 258/32) in the St. Luke's Historical
District, located in the Newport News District.
Mr. Caskey stated the Board of Supervisors previously approved the
specific color scheme for the townhouses in the existing sections and such
colors have accordingly been assigned to the buildings within Section II
which has been completed. The architect has .submitted the proposed
exterior colors for the remaining buildings in the new section III and new
building in Section I which are compatible with the prior approvals of the
Board. Mr. Caskey further stated the matter was reviewed by the Historic
Architectural Review Committee which recommends approval of the color
selections as proposed by the applicant's architect.
Supervisor Cofer moved the Board approve the request. The motion
was unanimously (5-0) adopted.
D. .The request of James F. and Dawn Ann Wright-
Griffin to construct an exterior wooden deck at 21Q3
Queen Anne's Court, ..Queen Anne's Court
Townhouses.
Mr. Caskey stated the applicant's request is to construct a wooden
deck in the rear yard of a townhouse located in Section I. The deck is to be
situated entirely .within .the fenced area of the rear yard and is to be
constructed of unfinished pressurized wood. Mr. Caskey stated the matter t;
was reviewed by the Historic Architectural Review Committee which
recommends approval of the request to the Board subject to the exterior
wooden deck being constructed of unpainted wood and as depicted in the
drawings and that such deck shall be located entirely within the existing
rear yard fence.
18
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Supervisor Spady moved the Board approve the request. The motion
was unanimously (5-0) adopted.
E. The request of James F. and Dawn Ann Wright-
Grif~in to install a driveway pole light at 2103
Queen Anne's Court, Queen Anne's Townhouses -
Section I, in the St. Luke's Historical District, located
in Newport Magisterial listrict.
Mr. Casket' stated the applicant's request is to install a driveway pole
light in the front.yard of the townhouse property which is similar to those
pole lights installed in other sections. Mr. Casket' stated the request was
reviewed by the Historic . Architectural Review ~ Committee which
recommends approval of the request subject to the pole light being of like
size, height, and architectural style as such lights being installed by the
developer in Section II and Section III of Queen .Anne's Court.
Supervisor Spady moved the Board approve the request. The motion Y
was unanimously (5-0) adopted.
F. Consideration of a policy for design standards for
exterior decks and driveway pole lights for Queen
Anne's Court Townhouses located on Brewer's Neck
Boulevard (Route 258/32) in the St. Luke's Historical
District, located in the Newport Magisterial District.
Mr. Casket' stated the Historic Architectural Review Committee has
recommended to the Board that there be an agreement on a policy to be
adopted whereby the Board and the Committee themselves will not have
to deal with these issues in the future. The Committee recommends to the
Board that the following standards for. new driveway pole lights and
exterior decks located within the Queen Anne's Court development be
adopted:
1. All driveway pole lights in Section I of Queen Anne's Court
shall be of like size, height, .and architectural style as such lights
being installed by the developer in Section II and Section III.
2. All exterior decks constructed in Section I, II, or III of Queen
Anne's Court shall be constructed in compliance with the
following standards:
a. Located in the rear yard of the respective dwelling
unit.
b. Constructed of unpainted, pressure treated natural
wood.
c. Deck to be no higher than the bottom step of the
stoop attached to the rear door of the .respective
dwelling unit or twelve inches (12") whichever is
less.
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d. Deck to be no wider than the respective dwelling
unit and to not extend more than ten (10) feet from
the rear wall of said dwelling unit. .
e. All deck rails are to be no higher than three (3) feet
and constructed of lattice, pickets or open slats
identical to the material used for construction of the
deck.
Supervisor Spady moved the Board approve -the standards. The
motion was unanimously (5-0) adopted.
G. Consideration of a request by Gatling Pointe
Management Corporation to permit the Subdivision
Agent to approve the. Final Subdivision Plat for
Gatling Pointe South -Section 1A for recordation,
prior to final approval of all engineering plans by
the Virginia Department of Transportation. The
subject property is located off of Battery Park Road
(Route 704), in Newport Magisterial .District.
Mr. Caskey stated the Board approved a rezoning in October of 19$9
` for the development of this residential subdivision and in January of 1993
the Board did approve the final subdivision plat. with the condition that all
engineering, bonding and related requirements would be resolved and
completed prior to the signing of the plat by the subdivision agent and
recordation of the plat. Mr. Caskey stated since that time the developer has
requested that the subdivision agent be permitted to proceed to sign the
subdivision plat for Section IA prior to final engineering approval because
structural bridge plans must be approved for the main entrance access
roadway leading into the .subdivision and these plans have only recently
been completed and submitted to VD4T for approval. Mr. Casket' stated
this is required because of a wetlands issue at the location where the access
road is coming into the property.
.Supervisor Cofer moved the Board approve the request subject to the
following conditions
1. Approval by the Virginia Department of Transportation of the
development plans for the public road and drainage system
except for the bridge structure.
2. Approval and signing of the subdivision plat of Gatling Pointe
South - Section 1A by the .Resident Engineer, Virginia
Department of Transportation.
3. All other requirements applicable to approval of the subdivision
plat must be met by the developer prior to signing by the
subdivision agent.
4. Submission of the note, deed of trust, subordination of lien
agreements for the subdivision which secures the proffers are to
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be provided. to the County .Attorney in executed form and
approved by him as to form.
The motion passed (40) with Supervisor Spady abstaining from
discussion and voting on the matter,
H. Addendum to an Agreement by and between Ashby
Land Trust and Isle of Wight County dated March
29, 1991. rebating to -the permanent water system
designed to serve Ashby Subdivision.
IVir. Caskey stated on April 18, 1991, the Board of Supervisors
authorized execution of an agreement submitted by Ashby Land Trust
guaranteeing certain commitments relative to construction and approval of
the fluoride removal system required by the Virginia Department of Health.
To date, the fluoride removal. system has not been issued an operation
permit by the State Health Department and Ashby Land Trust desires to
transfer ownership of the remaining parcels in Ashby Subdivision which are
affected by this agreement to Chesapeake Residential. Development
Corporation. Iri order to accomplish this change ,Ashby Land Trust has
submitted amended surety and performance documents to the County,
including an addendum to the Agreement originally approved by the Board
of Supervisors in April of 1991. Mr. Caskey stated the County Attorney has
opined that the addendum to the referenced Agreement must receive
authorization by the Board of Supervisors.
County Attorney Crook stated the addendum is referring to the lots
not being conveyed prior to the water system approval and what is
occurring is that someone is taking over the development and has
submitted a new subdivision agreement, etc. and the Board needs to amend
or add an addendum to the water agreement. County Attorney Crook
stated he does. recommend the addendum to the Board.
Supervisor Spady moved the Board approve the addendum. .The
motion was unanimously (5-0) adopted.
//
Chairman Edwards called for the County Attorney's report.
County Attorney Crook stated the Board recently adopted the
County's parking ordinance which provides that the Board may set
minimum fees for uncontested violations. Mr. Crook stated the Sheriff has
indicated that he has obtained the necessary forms and is ready to proceed
to issue the forms for violations of the ordinance and needs the fines to be
set. Mr. Crook stated the ordinance provides the fine from a minimum to
a maximum if the individual goes to court to contest, but if an individual
wants to pay the fine rather than go to court, .the Board needs to set an
amount. Mr. Crook stated he would recommend an amount of $25 for
illegal parking and $50 for parking in a space reserved for handicapped
persons.
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Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF
_ ISLE OF WIGHT COUNTY, VIRGINIA
TO SET MII\JIMUM FINES FOR UNCONTESTED
CITATION VIOLATIONS OF PARIQNG ORDINANCE
MAY 20, 1993
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, adopted an Ordinance pursuant to Section 46.2-1220, et seq., of the
Code of Virginia to regulate parking within the County of Isle of Wight on
October 1, 1992; and,
'WHEREAS, said Ordinance .provides for a minimum penalty .for
uncontested citations to be set by the Board of Supervisors of said County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia, hereby
determines the minimum penalty for uncontested violation on citation to be
$25 for illegal parking .and $50 for parking in a space reserved for parking
for handicapped persons in violation of said Ordinance.
BE IT FURTHER RESOLVED that the Clerk of this Board erk of the
directed to forward a certified copy of this resolution to the Cl
General District Court of Isle of Wight County, Virginia, the Clerk of the
Juvenile and Domestic Relations District Court of Isle of Wight County,
Virginia, the Clerk of the .Circuit Court of Isle of Wight County, Virginia,
and to the Sheriff's Department of Isle of Wight County, Virginia, forthwith.
The motion was unanimously (5-0) adopted.
County Attorney Crook stated the Board now has the agreement
which was negotiated for the. appraisers to perform the reassessment in the
County and a resolution needs to be adopted by the Board to approve the
contract and authorize the Chairman to sign same. Mr. Crook. stated the .
original draft of the. contract has been amended to include a reduction of fee
for parcels if they are less than the estimated number.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
PEARSON'S APPRAISAL SERVICE, INCORPORATED
WHEREAS, the County of Isle of Wight is required by law to conduct
a reassessment of its real property located within the County at least every
four (4) years; and,
WHEREAS, the County of Isle of Wight following the solicitation of
Requests for Proposals and interviews of the top two offerers selected the
firm of Pearson's Appraisal Service, Inc. as fully qualiFied, responsible and
suitable for conducting the general reassessment of real property in the
County of Isle of Wight; and,
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WHEREAS, the County desires to retain the services. of Pearson's
Appraisal Service, Incorporated to conduct a general reassessment of the
real property in the County of Isle of Wight pursuant to the terms and
conditions of the County of Isle. of Wight's specifications and the proposal
submitted by Pearson's Appraisal Service, Incorporated.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED-that the
Board of Supervisors of Isle of Wight County does hereby. approve the
agreement of Pearson's Appraisal Service, Incorporated and authorizes its •
Chairman to execute the agreement on behalf of the County and its Clerk
to attest to same.
The motion was unanimously (5-0) adopted.
County Attorney Crook stated for the Board's consideration is a
resolution concerning the agreement with Tischler & Associates, Inc. for the
impact fee development study. Mr. Crook stated he has reviewed the
agreement and does recommend it to the Board.
Supervisor Bradby moved-the Board adopt the following resolution
and agreement:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
TISCHLER & ASSOCIATES, INC. FOR
PROFESSIONAL SERVICES FOR ESTABLISHMENT OF
IMPACT FEES (PROFFERS)
FOR ISLE OF WIGHT COUNTY
WHEREAS, the County of Isle of Wight, Virginia desires to employ
a consultant to furnish services for the Establishment of Development
Impact -Fees (Proffers) as identified in the Request For Proposal dated
January 11, 1993; and,
WHEREAS, the County of Isle of Wight, Virginia, following the
solicitation of Requests For Proposals and interviews of the top two offerers
selected the firm of Tischler & Associates, Inc. as fully qualified, responsible,
and suitable for the .preparation of a .document establishing impact fees
(proffers) in the County of Isle of Wight, Virginia; and,
WHEREAS, the County of Isle of Wight, Virginia desires to retain the
services of Tischler & Associates, Inc. to prepare a .document establishing
impact fees (proffers) for the County of Isle of Wight, Virginia, pursuant to
the terms and conditions of the County's specifications and the proposal
submitted by Tischler & Associates, Inc.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of Isle of Wight County, Virginia does hereby approve
the agreement of Tischler & Associates, Inc. and authorizes its Chairman to
execute the agreement on behalf of the County and its Clerk to attest. to
same.
The motion was unanimously (5-0) adopted.
23
County Attorney Crook stated he would like to report to the Board
• that further discussions and meetings were held with representatives of
HRSD, the Town of Smithfield, Smithfield Foods and the County, and the
matter has been resolved. HRSD will extend its line to the plants in
SmithField. The cost of construction of the pumping station to serve the
Town will be paid for by Smithfield Foods. Mr. Crook stated the. only
unresolved matter is the annual maintenance cost for the Town of
SmithField pumping station.
County Attorney Crook stated he would have three matters for
executive session later in the meeting.
//
Chairman Edwards called for the County Administrator's report.
County Administrator Standish stated Sam Rosenthal will give: the
Board a brief report on bids received for insurance for the County.
Sam Rosenthal, the Count}~s insurance consultant, stated he received
six proposals with comparable coverages ranging from $186,000 to $88,000
in cost.. The three most attractive proposals received came from CIGNA
Insurance Company, the Virginia Municipal League Group Health
Insurance Program and the Virginia Association of County Self Insurance
Program. The Virginia Municipal League Group Self Insurance Program
costs approximately $118,000 and the problerl with this program is that the
general liability coverages are on a claims-made basis which the County has
always preferred to stay away from. The Virginia Municipal League has
terminated the services of Alexander and Alexander which has hired a new
administrative firm from Boston effective October 1, 1993.. Mr. Rosenthal
stated because of this the County is unaware of what will take effect with
services or what will happen with the program. His suggestion would. be
to wait and see what happens. Regarding the Virginia Association of
Counties program, this is a very s#rong program and their premium of
$88,000 is the lowest offered to the County. However, the negative factors
of this program are that the Virginia. Bureau of Insurance has not approved
it yet and there are twelve issues which must be addressed. Also there is
a resolution and agreement which must be adopted by the Board and a
check must be issued for approximately $88,000 by the middle of June. If
the program is not approved by the Bureau of Insurance, he will request a
return of the County's money or make other arrangements for insurance
coverages. Mr. Rosenthal stated if the County does go with the Virginia
Association of Counties, the County must comply with their loss control
recommendations or they do have the authority to terminate the County's
coverage within Fifteen days. Mr. Rosenthal stated he was concerned about
the condition of Boykins Tavern. and if the Virginia Association of Counties'
loss control representatives request that it be shut down or torn down, the
County could have a Financial problem. Also the Virginia Association of
Counties and. the Virginia Municipal League programs are assessable and
if the County incurs some serious losses, the .County could be held
responsible and assessed for additional funds to cover these losses. The
Virginia Association of Counties will also be .opening their program to
24
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School Boards which could also present large claims. Mr. Rosenthal stated
if the County did wish to go with the Virginia. Association of Counties it
may be wise to wait for one year.. Mr. Rosenthal stated regarding the
CIGNA program, they are represented by the Manry Rawls Agency in
Smithfield and their annual quote is $133,395 as compared to the County`s
current annual .premium of $148,900. Mr. Rosenthal stated he would
recommend the Board select CIGNA at $133,395 for at least one year giving
the Board an opportunity to review the Virginia Association of Counties'
program.
Supervisor Cofer moved the Board authorize County staff to proceed
with CIGNA Insurance Company. The motion was unanimously (5-0)
adopted.
County Administrator Standish stated the Board requested
information on street lights in the County regarding the potential financial
exposure the County may incur. Using the E-911 data. based upon five
structures located on either side of public road within a distance of 600
linear feet, there is the opportunity for approximately 667 street lights .and
there are already approximately 420 existing street lights that met the
criteria. Mr. Standish further stated the County is looking at the possibility
of adding approximately 250 street lights if the Board readopts .the 1971
policy.
Chairman Edwards asked if the County paid the monthly bill on the
existing street lights.
County Administrator Standish replied the County currently pays out
of the utilities portion of the Public Works budget funds for approximately
425 lights and the cost per light is approximately $100 per year.
Supervisor Bradshaw asked if the County previously furnished the
lights.
County Administrator Standish replied the power companies
previously installed the lights at no cost, .assuming it is a long-term
commitment to pay the utility bill.
Supervisor Spady asked if the study took into consideration how far
off the road the houses may be. .
Mr. Caskey replied this was taken into consideration and if the
County had clusters or houses off the main road but within the linear
measurement, the County did count the houses.
Supervisor Bradshaw asked Mr. Caskey about the status of the street
light requests from some of the businesses on Route 58 in Franklin.
Mr. Caskey stated the study was not limited to residential structures
and all sh~uctures were counted.
-County Attorney Crook stated the Board should direct that a
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resolution be prepared and that he have the opportunity to review it
because it would have to be very detailed
Supervisor Cofer moved the Board direct the County Attorney to draft
a resolution incorporating the October 7, 1971 streetlight policy regarding
installation of a street light where five dwellings, commercial structures,
churches, or combination thereof are located within a 600 foot area, on an
as-requested basis. The motion was unanimously (5-0) adopted.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE THREE HUNDRED FOURTEEN
THOUSAND SEVEN HUNDRED DOLLARS FROM THE '
• 1990 BOND ISSUE PROCEEDS FOR THE E-911
COMMUNICATIONS CENTER/PUBLIC SAFETY FACILITY
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the construction of the E-911 communications
center/public safety facility; and,
WHEREAS, the funds in the amount of three .hundred fourteen
thousand seven hundred dollars ($314,700) need to be appropriated from
the 1990 bond issue proceeds to the E-911 communications center/public
safety facility project 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 three
hundred fourteen thousand seven hundred dollars ($314,700) from the 1990
bond issue proceeds be appropriated to line items 14-9402-3002, Professional
Services ($14,968), 14-9402-7002, Equipment ($13,580), 14-9402-7016,
Construction ($286,152) in the .1992-93 budget of the County of Isle of
Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County_ of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all the things necessary to
give this resolution effect.
-The motion was unanimously (5-0) adopted.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE EIGHT HUNDRED THIRTY NINE
THOUSAND TWO HUNDRED DOLLARS FROM THE 1990 BOND ISSUE
PROCEEDS FOR THE LANDFILL CLOSURE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the landfill closure project; and,
WHEREAS, the funds in the amount. of eight hundred thirty nine
thousand two hundred dollars ($839,200) need to be appropriated from the
1990 bond issue proceeds to the landfill closure project in the 1992-93
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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 eight
hundred thirty nine thousand two hundred dollars ($839,200) from the 1990
bond issue proceeds be appropriated to line item 25-8209-7016, Construction
in the 1992-93 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all the things necessary to
give this resolution effect.
The motion was unanimously (5-0) adopted.
County Administrator Standish stated the County should anticipate
in the summer returning to the bond market for the balance necessary for
construction of the Phase I school construction program which is anticipated
to be in the amount of $12.75 million.
Supervisor. Cofer moved the Board authorize the County
Administrator to send out an RFP for a Financial Advisor to begin the
process on the next bond issue. The motion was. unanimously (5-0)
adopted.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE THREE MILLION SIX HUNDRED
FORTY-EIGHT THOUSAND NINE HUNDRED
SEVENTY-SEVEN DOLLARS FROM THE 1991 SCHOOL BOND ISSUE
PROCEEDS TO THE SCHOOL CONSTRUCTION FUND
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the construction of an elementary school; and,
WHEREAS, the funds in the amount of three million six hundred
forty-eight thousand nine hundred seventy-seven dollars ($3,648,977) need
to be appropriated from the 1991 school bond issue proceeds to the school
construction fund in the 1992-93 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that three
million six hundred forty-eight thousand nine hundred seventy-seven
dollars ($3,648,977) from the 1991 school bond issue proceeds be
appropriated to the school construction fund in the 1992-93 budget of the
County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all the things necessary to
give this resolution effect.
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The motion was unanimously (5-0) adopted.
Supervisor Spady moved the Board adopt the following resolution:
u
RESOLUTION TO APPROPRIATE SIXTEEN THOUSAND
~G~' HUNDRED FIFTY-TWO DOLLARS FROM THE
FEDERAL GOVERNMENT FOR THE
TITLE II, EISENHOWER PROJECT GRANT
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Title II, Eisenhower project; and,
u
WHEREAS, the funds in the amount of sixteen thousand eight
hundred fifty-two dollars ($1b,852) need to be appropriated to the Title II,
Eisenhower project 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 sixteen
thousand eight hundred fifty-two dollars ($1b,852) be appropriated to }he
Title II, Eisenhower project 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 was unanimously (5-0) adopted.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE ONE THOUSAND FIVE HUNDRED
DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR. THE
DMV COMMUNITY TRAFFIC SAFETY PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the DMV Community Traffic Safety Program; and,
WHEREAS, the funds in the amount of one thousand five hundred
dollars ($1,500) need to be appropriated to the DMV Community Traffic
Safety Program in the 1992-93 budget of the County of Isle of Wight,
Virginia.
1
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that one
thousand five hundred dollars ($1,500) be appropriated to the DMV
Community Traffic Safety 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
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accounting adjustments in the budget and to do all the things necessary to
• give this resolution effect.
The motion was unanimously (5-0) adopted.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY THOUSAND
FOUR HUNDRED FORTY DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA AND THE FIDERAL GOVERNMENT
FOR SOCIAL SERVICES DEPARTMENT PROGRAMS
~4JHEREAS, the Social ~ Services Department has received additional
allocations from the Commonwealth of Virginia and the Federal
Government; and,
WHEREAS, the funds in the amount of fifty thousand four hundred
forty dollars ($50,440) to be received from the Commonwealth of Virginia
and the Federal Government need to be appropriated to the Social Services
Department 1992-93 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that fifty
thousand four hundred .forty dollars ($50,440) to be received from the
Commonwealth of Virginia and the Federal Government be appropriated
to the following line items in the 1992-93 budget of the County of Isle of
Wight.
Independent Living $ 702
Child Care Quality Enhancement $ 4,350
Supplemental State/Federal Allocation $45,388
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget. for these allocations and to do all the
things necessary to give this resolution effect.
The motion was unanimously (5-0) adopted.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND
DOLLARS FROM THE TIDEWATER OCCUPATIONAL CENTER FOR
EMPLOYMENT SERVICES
WHEREAS, the Social Services Board of the County of Isle of Wight,
Virginia has received donated funds from the Tidewater Occupational
Center; and,
WHEREAS, funds in the amount. of two thousand dollars ($2,000)
need to be appropriated to the Social Services Employment Services in the
1992-93 budget of the County of Isle of Wight, Virginia.
n
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
• Board of Supervisors of the County of Isle of Wight, Virginia that two
thousand dollars ($2,000) be appropriated to line item Other Purchase
Services in the 19993 budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this program and to do all the
things necessary to give this resolution effect.
The motion was unanimously (5-0) adopted.
Supervisor Edwards moved the Board adopt the following resolution: '
RESOLUTION TO APPROVE THE DEVELOPMENT AND SUBMISSION
OF A GRANT APPLICATION FOR THE VICTIM/WITNESS
ASSISTANCE PROGRAM AND TO ACCEPT AND APPROPRIATE
THIRTY THREE THOUSAND DOLLARS OR SO MUCH AS SHALL BE
RECEIVED FROM THE COMMONWEALTH OF VIRGI1~lIA,
DEPARTMENT OF CRIlvIINAL JUSTICE SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia is approving the development and submission of an application for
a grant from the Commonwealth of Virginia, Department of Criminal
Justice Services for the Victim/Witness Assistance Program; and,
WHEREAS, the funds in the amount of thirty three thousand dollars
($33,000) or so much as shall be received from the Commonwealth of
Virginia, Department of Criminal Justice Services need to be appropriated
to the Victim/Witness .Assistance Program in the 1993-94 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 thirty
three thousand dollars ($33,000) or so much as shall be received from the
Commonwealth of Virginia, Department of Criminal Justice Services be
appropriated in the 1993-94 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight,- Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all the things
necessary to give this resolution effect.
The motion was unanimously (5-0) adopted.
Supervisor Spady moved the Board adopt the following resolution:
fl
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGIhTIA ESTABLISHING
MAY 21,1993 AS VOLUNTEER RECOGNITION DAY
IN ISLE OF WIGHT COUNTY
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WHEREAS, we are a nation that was founded by individuals who
• dedicated their lives, energies, ;and resources to making this a better world
for themselves, their families, and their neighbors; and,
WHEREAS,~volunteerism directly reflects the democratic principles upon
which this nation was founded in that everyone, regardless of their
circumstances, race, age, sex, color or creed can volunteer; and,
WHEREAS, the number of individuals engaging in volunteer work and the
important variety of services provided increase each year, providing
challenges and fulfillment, and rich rewards from helping others, improving
skills, and widening one's horizons; and,
WHEREAS, it is appropriate. to recognize and to honor the numerous
contributions of the many volunteers serving the community of Isle of
Wight, as well as this Commonwealth of Virginia, and to join in with State
and national leaders to set a special time for such recognition.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by -the Board
of Supervisors of Isle of Wight County that the day of May. 21, 1993 is
hereby established as Volunteer Recognition Day in Isle of Wight County.
BE TT FURTHER RESOLVED that a copy of this resolution be forwarded to
the numerous volunteer groups and organizations within the. County, and
that this resolution be prominently posted at the Isle of Wight Courthouse.
The motion was unanimously (5-0) adopted.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
.THREE THOUSAND. TWO HUNDRED DOLLARS
FROM THE COMMONWEALTH OF VIIZGIIVIA,
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a grant from the. Commonwealth of Virginia,
Department of Agriculture and. Consumer Services, for the Pilot Pesticide
Container Recycling Program; and,
WHEREAS, the funds in the amount of three thousand two hundred
dollars ($3,200) from the Commonwealth of Virginia, Department of
Agriculture and Consumer Services, need to be appropriated to the
Pesticide Container Recycling Program line item in the 1992-93 budget of
the. County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the. County of Isle of Wight, Virginia that three
thousand two hundred dollars ($3,200) to be received from the
Commonwealth of .Virginia, Department of Waste Management, be
appropriated to the line item for the Pesticide Container Recycling Program
in the 1992-93 budget of the County. of Isle of Wight.
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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 the grant and to do all the things
necessary to give this resolution effect:
The motion was unanimously (5-0) adopted.
County Administrator Standish stated the Health Department has
requested that the County adopt a resolution to support a grant to continue
a wellness program for the County.
Supervisor Cofer moved the Board adopt the following resolution:
r~
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RESOLUTION TO SUPPORT THE GRANT RENEWAL APPLICATION
OF THE WESTERN TIDEWATER HEALTH DISTRICT FOR THE
PROVISION OF AN EMPLOYEE WELLNESS PROGRAM
.WHEREAS, the Western Tidewater Health District has received grant
funds from the Commonwealth of Virginia to initiate an employee wellness
program in Isle of Wight County during FY1992-93; and,
WHEREAS, the renewal of said grant funds will allow for the
continuation and expansion of the employee wellness program; and,
WHEREAS, healthy employees are more productive and more alert
employees.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight fully support the grant
renewal application of the Western Tidewater Health District such that an
Isle of Wight County employee wellness program may be continued and
expanded
The motion was unanimously (5-0) adopted.
County Administrator Standish stated the first year of the County's
self insurance program ended the year with a $177,000 balance.
Supervisor Cofer pointed out that after the first year the County is
continuing with no rate increase for County employees for the next fiscal
year.
County Administrator Standish stated for the Board's consideration
is a request from the Town of Windsor in the amount of $6,575.16 which is
also the Count}~s final payment of its $300,000 commitment to the Windsor
Fire Department construction project.
Supervisor Edwards moved the Board approve final payment #7 in
the amount of $6,575.16 to the. Town of Windsor. The motion was
unanimously (5-0) adopted..
County.AdministratorStanthsh noted that $730,348 has been collected
E
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~ooK. 15 rac~342
by the delinquent tax attorneys through the end of April. The cost to the
County of $83,552 represents 11% of the amount collected.
Supervisor Bradshaw stated this additional money was not originally
figured into the FY1993-94 budget and asked if it is being shown as a
surplus?
Supervisor Spady stated he would like to have a column added to the
report advising how m~~ch money has been collected through the previous
twelve months.
County Administrator Standish stated the report tonight represents
the last twenty-two months of collection for delinquent taxes.
Supervisor Bradshaw stated he is hoping to cut-the tax rate during the
year and the collection of delinquent taxes may make that possible.
Supervisor Spady stated the tax rate is set based on the fact that this
money was supposed to be paid, but it was not paid, and is delinquent. It
does go into the general fund, but it was money. that was counted. on in a
budget that the Board previously approved.
Supervisor Bradshaw stated Supervisor Spady is correct, unt has
citizens did not pay this money in the prior years, so the Co ty
accumulated this money as a surplus in the past twenty-two months which
is not included in the budget and he hopes the Board will take this into
consideration later in the year and reconsider the real estate tax rate..
County Administrator Standish stated in front of the Board is a late
item pertaining to a resolution of the Board that unknowPleodges and
cy
appointments made by the Board to the Comm
Management Team. The. Board has previously created the Team and made
the appointments to the Team and the resolution is for their use as .they
deal with the State.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO ACKNOWLEDGE THE APFOII\(TMENT OF THE
ISLE OF WIGHT COUNTY
COMMUNITY POLICY AND MANAGEMENT TEAM
WHEREAS, the 1991 General Assembly adopted legislation which
mandated that local governing bodies create and appoint members to a
Community Policy and Management Team; and,
WHEREAS, the Board of Supervisors of Isle of Wight County has
appointed the following individuals (or their designees) to represent their
respective agencies on the local Community Policy and Management Team:
Fiscal Agent M. Christine Ledford
Community Services Board Joseph Scislowiez
Juvenile Court Services William Harrell
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Health Department Dr. Ed Harris
Social Services Linda A. Bean
School Division Dr. Jane. T. York
Parent Representative ~ Beth Edwards
Public Provider John Matish
Law Enforcement Sheriff Charles W. Phelps
Public Agency Representative Mary C. Foster
Local Government Steve W. Edwards
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight does acknowledge, by
this resolution, the appointments of the members of the Isle of Wight
. Community Policy and Management Team..
BE IT FURTHER RESOLVED that the Clerk is directed to forward a
copy of this resolution to the Chairman of the Community Policy and
Management Team.
. The motion was unanimously (5-0) adopted.
//
Chairman Edwards called for old business.
4
Supervisor Spady moved to withdraw his previous motion at the
Board's continued meeting of April 28, 1993 ghat the Board recommend to
the School Board that they move the Smithfield Elementary School. ~ `
conversion to a middle school from Phase II into Phase I with Phase II
being placed on hold for twelve months so that the Board can review it next
year to see if the County can proceed with Phase II at that time. The
motion was unanimously (5-0) adopted.
//
Chairman Edwards called for new business.
There was no new business offered for discussion by the Board.
,.
//
Chairman Edwards called for appointments.
Supervisor Edwards moved the Board appoint Luther Boone, Jr. to the
Board of Real Estate Assessors representing the Windsor Magisterial
District. The motion was unanimously (5-0) adopted.
Chairman Edwards introduced Luther Boone, Jr. who stated he was
born and raised in Carrsville, Virginia and served twenty years in the t
military and returned- to Zuni, Virginia.
Supervisor Bradby moved the Board appoint Reverend Michael
Drewry to the Western Tidewater Disability Services Board for athree-year::
' 34 i
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8001( ~~rA0!'344
term. The motion was unanimously (5-0) adopted,
Supervisor Cofer maved the Board reappoint Myles 1?. Standish to the
Hampton Roads Planning District Commission Executive Committee for an
additional two-year term. The motion was unanimously (5-0) adopted.
Supervisor Spady moved the Board appoint Dr. Warren Winter to the
Virginia Alcohol Safety Action Program Policy Board for athree-year term.
The motion was unanimously (5-0) adopted,
//
Chairman Edwards called for approval of the. April 1, 1993 regular-
meetingminutes; April 15,1993 regular-meeting minutes; and April 28,1993
continued-meeting minutes. .
Chairman Edwards .stated he had a correction on Page 3 of the April
28, 1993 continued-meeting minutes which should state that he abstained
from voting on any part of the School Board budget with respect to the
County Attorney's budget.
Upon recommendation of County Attorney Crook, Supervisor Cofer
moved the Board adopt the minutes as amended in the April 28, 1993
continued-meeting minutes on Page 3 to reflect that Chairman Edwards
abstained from voting on any part of the School Board budget dealing with
legal fees. The motion was unanimously (5-0) adopted.
1/
County Attorney Crook requested an executive session pursuant to
Section 2.1-344 A7 of the Freedom of Information Act for consultation with
counsel concerning one matter of .actual litigation, one matter concerning
potential litigation and one matter which potentially could result in
litigation.
At 9:10. p.m., Supervisor Cofer moved the .Board go into executive
session for the reasons stated by the County Attorney. The motion was
unanimously (5-0) adopted.
At 9:4? p.m., Supervisor Cofer moved the Board adopt the following
resolution:
CERTIFICATION OF EXECUTIVE MEETING
VAS, 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;
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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 Cofer moved the Board authorize the County Attorney to
employ a process server in the case of Isle of Wight County versus David
Merritt. The motion was unanimously (5-0) adop#ed.
s
Supervisor Cofer moved the Board authorize the County Attorney to
proceed with the .suit in the case of Belmont Terrace Subdivision. The
motion was unanimously (5=0) adopted.
Supervisor Cofer moved the Board authorize acceptance of the low
bid of Blair Brothers in the amount of $14,977.30 for the improvements to
Johnson Circle. The motion was unanimously (5-0) adopted.
//
At 9:48 p.m., Supervisor Cofer moved the Board continue their
meeting to June 3, 1993 at 2:00 p.m. The motion was unanimously (5-0)
adopted.
Steve W. Edwards, Chairman
Myles E~tandish, Clerk
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