11-18-1993 Regular Meeting~o~K 15:~~r516
REGULAR MEETING OF .THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF NOVEMBER 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: H. Woodrow Crook, Jr., County Attorney
' Myles E. Standish, County~Administrator
W. Douglas Casket', 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. and
Supervisor Bradby delivered the invocation.
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Chairman Edwards called for Special Presentations: Dr. Al C. Rogers
Chairman Edwards acknowledged Dr. Rogers' contributions to the
community through his efforts in rescue squads, education and employment
opportunities.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF
DR. AL C. ROGERS
WHEREAS, Dr. Al C. Rogers has been a leader and a catalyst for
positive community .action in Isle of Wight County for many years; and,
WHEREAS, he has dedicated countless hours and contributed
tremendous .amounts of his own resources to the improvement of the
quality of life of the residents of Isle of Wight County; and,
WHEREAS, Dr. Rogers served as the first Chairman of .the Isle of
Wight County Parks & Recreational Authority and actively participated as
a member from its inception in 1974 until 1993; and,
WHEREAS, for over 15 years Dr. Rogers helped to encourage and
improve economic development in the County by serving on the Isle of
Wight County Industrial Development Authority from 1977 until 1993; and,
WHEREAS, Dr. Rogers has also been instrumental in the development
and creation of post secondary educational opportunities for citizens, most
notably through his involvement with Paul D. Camp Community College;
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and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
recognizes the enormous efforts of Dr. Rogers in improving the quality of
life for all residents of Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle. of Wight recognize the
leadership of Dr. Al C. Rogers and his dedication to serve others.
BE IT FURTHER RESOLVED that the Board of Supervisors formally
express its appreciation for the positive social, economic, and educational
contributions Dr. Rogers has made to the quality of life of the citizens of
Isle of Wight County.
The motion was unanimously (5-0) adopted.
Chairman Edwards called for Special Presentations: Woodmen of the
World.
Sam Callis of Suffolk presented plaques. to Ms. Gaskins, Ms. Webster
and Mr. Swinson for their efforts in saving Ms. Woods when a barn
collapsed on her.
Chairman Edwards called for Special Presentations: City of
Portsmouth Horse Race Track.
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Mathew James, Portsmouth's Director of Economic Development,
provided a brief presentation relative to proposed regional benefits of which
includes an additional 1,000+ jobs, enhanced tourism of the Hampton Roads
area, expanded agri-business and other related industry opportunities, an
annual contribution to the Sports Authority of $175,000 per year and
provides for a unique opportunity for public sector profit.
Steve Herbert, Portsmouth's Assistant Economic Development
Director, provided a brief presentation regarding the proposed site location
stating there were six applications submitted to the State to build .and
receive a license to operate a racetrack: One from the City of Portsmouth;
one from the City of Virginia Beach; two from New Kent County; and one
in Northern Virginia. Mr. Herbert stated successful racetracks in the past
all have strong demographics, are located near interstates with access. to
more rural settings and include a strong financial package.
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Roy Cherry, Portsmouth's Deputy City Manager, spoke .regarding
project financing .and stated the total project involves approximately
$65,000,000 consisting of $15,000,000 to be .contributed by the City of
Portsmouth, $15,000,000 of equity funding to be contributed from the
Virginia Racing Associates (VRA) and $35,000,000 of bonds to be issued by
the Sports Authority.of Hampton Roads. Mr. Cherry further stated-the City
of Portsmouth will provide $15,000,000 for the Fairwood site to be acquired
and prepared for the racetrack construction and the site will be given to the
Sports Authority. of Hampton Roads. Mr. Cherry continued the source of
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funding for the $15,000,000 will be tax revenues generated by the project
and the annual debt service is approximately $1,300,000 per year. Mr,
Cherry stated the Sports Authority has agreed to issue its bonds for
$35,000,000 and the VRA. will provide $15,000,000 of equity funding. The
Sports Authority of Hampton Roads will own the .facility and it will be
leased to the VRA under a 30-year lease/purchase agreement and the terms
of this agreement will call for VRA to receive title to the facility after 30
years when the debt is completely repaid. Mr. Cherry stated under the
lease/purchase agreement VRA will pay annual rent sufficient to pay the
principal and interest on the $35,000,000 of Sports Authority bonds which
has. been estimated by Craigie, Inc. to be approximately $3,000,000. Mr.
Cherry stated in addition. to the rent payments by VRA, $175,000 will be
paid. by VRA to the Sports Authority for them to use in any way. Mr.
Cherry stated the public .sector interest will be further secured by a
recorded first lien on improvements to the racetrack property, as well as
related off-track betting facilities and all of the six OTB locations in the State
as well as liens on all other assets of the VRA. Mr. Cherry stated VRA's
projections reflect that the debt service can be fully paid even if cash flows
are far below the forecasted level. Mr. Cherry stated Craigie, Inc. has
estimated that in today's market the interest rate on the Sports Authority
bonds will be less than 7.5% and the bonds will be taxable subject to federal
income taxes, .but exempt from State income taxes. Mr. Cherry stated the
City of Portsmouth has committed to guarantee the $35,000,000 of Sports
Authority bonds and, in exchange, the City of Portsmouth will be paid up
to $1.4 million per year .for 35 years. Mr. Cherry stated for. the first five
years of the racetrack these payments are. dependent upon the income level
of the project, but after the first five years these payments are fixed at $1.4
million for the remaining 30 years. Mr. Cherry stated the VRA proposal
provides an opportunity for all of the member jurisdictions in the Sports
Authority to participate in this regional public .private partnership and to
share in the substantial financial returns to be generated by the track and
the satellite off-track betting facilities throughout the State. Mr. Cherry
stated Isle of Wight County. constitutes 1.94% of the Hampton Roads
population and based on the $35,000,000 proportionally distributed based
on the population share, Isle of Wight County would be asked to back
$678,325 of the Sports Authority's bonds. Mr. Cherry stated of the $1.4
million annual return for 35 years, Isle of Wight's proportional share would
be $27,133 per year paid to the County bythe Sports Authority in return for
the County's participation in backing their bonds. Mr. Cherry stated these
figures are based on eight localities in Hampton Roads participating and
Virginia Beach has advised that they do not intend to participate in this
venture. Mr. Cherry stated based on the remaining jurisdictions in the
Hampton Roads area under this scenario is $974,730 for Isle of Wight's
share of the $35,000,000 of Sports Authority bonds for the County to bac)ti
Mr. Cherry stated the annual return under- these circumstances for 35 years
is $38,989.
Supervisor Bradshaw asked Mr. Cherry what- he was basing his
figures on for annual return.
Mr. Cherry stated the annual return was negotiated to be a total of
$1.4 million per year which is the amount that VRA will be contractually
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committed to pay to the Sports Authority as supplemental lease income and
that this amount will be distributed to the participating localities. Mr.
Cherry stated after the first five years the only way the VRA would not pay
$1.4 million to the Sports Authority would be is if they default on their
contractual obligations. Mr. Cherry stated during the first five years their
contractual agreement is that 25% of the net profit before taxes would be
paid as supplemental rent to the Sports Authority and after the first five
years regardless of what their income level is they have promised to pay
$1.4 million in supplemental rent in addition to the base rent of $3 million
which will be used by the Sports Authority to pay the debt service on the
$35 million in bonds issued.. Mr. Cherry stated the $1.4 million of lease
amount paid by VRA to the Sports Authority will be paid to the
participating jurisdictions that choose to back the share in whatever
proportionate share that the jurisdictions decide to back.
Supervisor Bradshaw asked Mr. Cherry if the City of Portsmouth
would guarantee the annual return to the County.
Mr. Cherry stated VRA is contractually guaranteeing that amount and
if the venture fails and VRA is in default contractually then the amount
would not be made and in this circumstance the localities would be called
on to pay their proportionate share of the debt service.
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Supervisor Bradshaw stated repairs and remodeling may absorb the
participating localities' annual share and asked Mr. Cherry if there would
be language in the contractual agreement stipulating a guarantee that the
various localities would receive their annual payment.
Mr. Cherry stated the only way localities will not receive their annual
payment is if VRA is in default of their contract with the Sports Authority.
Mr. Cherry further stated the facility will be owned by the Sports Authority
who can invite. VRA to leave.
Supervisor Spady asked who builds the off-track betting parlors.
Mr. Cherry stated the VRA's plan for the early years involves leasing
facilities at six locations outside of Portsmouth.
Chairman Edwards asked if the northern Virginia referendum affected
the projected figures.
Mr. Cherry stated the VRA still plans to construct six off-track betting
parlors which will be in locations that do not include northern Virginia.
Mr. Cherry stated had northern Virginia been available for off-track betting
sites their projections would have been higher.
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Supervisor Bradby asked the status of participation for Chesapeake,.
Hampton and Newport News.
Mr. Cherry stated the City of Chesapeake plans to include
consideration at their December agenda and the other cities have not
obligated specific dates for consideration at this time. Mr. Cherry stated a
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presentation has been made to all of the localities at this time.
Chairman Edwards asked Mr. Cherry to elaborate on why the City of
Virginia Beach. has declined to participate on this venture.
Mr. Cherry stated Virginia Beach has an interest in attempting to have
a-racetrack located in Virginia Beach and only one applicant submitting an
application. to the State will receive. a license.
Chairman Edwards asked if some form of support from a local
governing body would help the Portsmouth application.
Mr. Cherry stated he believes any form of support from a local
governing body would help the application.
.Supervisor Bradshaw stated when the risk is eliminated for the
localities after. 35 years. the annual payments are dropped. Supervisor
Bradshaw stated he believes in sharing for the life of the facility.
Mr. Cherry stated the return of $1.4 million per year in supplemental
lease payments. is in return for the localities' backing the debt and as time
goes on the risk is reduced as the outstanding bonds become smaller.. Mr.
Cherry stated the maximum poten#ial liability for the County in the event
of default is $83,000 per year for 30 years which would occur only if there
was no residual value in the property and it could not be used for any use
to raise revenue.
Carey Camp, Virginia Racing Associates, stated the referendum loss
in northern Virginia did hurt the VRA's returns although it was not so
much that the VRA cannot go forward with this project. Ms. Camp
emphasized it is an unlikely scenario that VRA will repair the racetrack
before making its supplemental lease payments because this would place
VRA in default of its contractual obligation. Ms. Camp further emphasized
the County will not be called to pay for the bonds unless VRA defaults on
the initial lease payment of $3 million. Ms. Camp .stated a strong backing
from the region will benefit the Hampton Roads race sites and she would
like to see the track located in Hampton Roads, specifically the Portsmouth
site. Ms. Camp stated VRA is agreeing to pay a supplemental lease
payment which is above :their obligations of the. bond and a guarantee fee
for the various localities' added risk they are taking.
Supervisor.. Spady asked Ms. Camp VRA's schedule.
Ms. Camp. replied the racetrack is .proposed to be open Labor Day
weekend of 1995 with a 50 day harness meet followed in 1996 as the first
full race year which would be opened with a 35 day harness .meet in the
Spring of the year, a 50 day thoroughbred meet in the Summer and finish
with a 40 day harness meet. Ms. Camp stated this schedule will be
increased until the VRA has 75 harness and 75 thoroughbred days with an
increase to 225 days a year. Ms. Camp stated the law requires the VRA to
get to at least 150 days in the first five years and the purse structures will
include a thoroughbred purse of $225,000 to $240,000 a day. Ms. Camp
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Supervisor Bradby asked Ms. Camp if a survey has been undertaken
to determine the popularity of horse racing in the Hampton Roads area.
Ms. Camp stated demographics illustrate 6,000 people per day for
horse. racing events.
Supervisor Spady asked when the Virginia Racing Commissioner will
make the decision on the site for the racetrack.
Ms. Camp stated a decision is expected in March of 1994, but the VRA
would appreciate a favorable decision from the Board before the January 3,
1994. amendment deadline.
Chairman Edwards requested the. Board keep in mind. the high
unemployment rate in the County and stated if the track is located in
Portsmouth. this will bring jobs into the County.
At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda to hold the public hearings. The motion was unanimously (5-0)
adopted.
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Chairman Edwards called. for a public hearing on the following:
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stated a purse structure is anticipated for the harness meets in an amount
of $80,000 to $100,000 per day. Ms. Camp stated ,the .track is designed to
service 6,000 people daily for thoroughbred meets and 3,000 daily for
harness meets with a crowd capacity of 12,000 to 15,000 people. Ms. Camp
stated additional parking can be accommodated and 80% of the income will
come from off-track betting parlors which will be placed initially in existing
jurisdictions.
Supervisor Cofer moved the Board table the matter until the
December 16, 1993 meeting. The motion was unanimously (5-0) adopted.
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A. The application of Benns Church Properties to
amend the operation plan of the "Jackson Borrow
Pit", which is located off the wes# side of Benns
Church Boulevard (Route 10/32), between Turner
Drive (Route. 644) and Muddy Cross Road (Route
620) in Newport Magisterial District. The amended
plan requests an increase in acreage to be excavated
from thirty three and one half (33.5) acres to forty
five (45) acres and also requests a two (2) year
extension of the life of the permit.
W. Douglas Caskey, Assistant County Administrator/Community "-
Development, stated the Board was distributed in advance a chart
illustrating the amount of area, specifically a northern and southern site,
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currently excavated and the acres approved by the Board of Supervisors as
amended in 1991, the operator's current estimate of the amount of disturbed
area, a reading by the Division of Mines, Minerals and Energy and a
reading by the ASCS office based upon aerial photos.
Chairman Edwards called for persons to speak in favor of the
application.
Henry Morgan, Partner with Benns. Church Properties, stated the
application is requesting three things: (1) relocate ten previously approved
acres for mining. of the southern section to the northern section of the
borrow. pit; °{2) to expand the mining area by 11.5. acres and, (3) to extend
the life. of the permit from June 1996 to June 1998. Mr. Morgan stated. the
Jackson borrow pit operates under a Conditional Use Permit issued by the
Board in December of 1986 and amended in 1991 and allows them to
excavate two lakes, one atwenty-five acre lake at the southern end of the
borrow area and the second a 8.5 acre lake at the northern end of the
property. Mr. Morgan stated 12.2 acres have been excavated to date at the
southern section and 8.5 in the northern section. Mr. Morgan stated it is
being requested that the Board allow them to expand the borrow permitted
acreage in the northern section by 11..5 acres and the resulting lake would
be 30 acres. Mr. Morgan stated these requests are being sought because the
quality of deposit in the southern section is less desirable than that in the
northern section and after conversations with a land planner it is his
recommendation .that it would be a more aesthetically pleasing area than
the previously planned lake. Mr. Morgan stated regarding their request for'
the extension of the permit from June 1996 to June 1998,. this would allow
continued operation and revenues to the County for five. years. Mr. Morgan
stated since 1990, $30,914 has been paid to the County in personal property
taxes; $39,325 in real estate taxes, $860 in County licenses; and $5,429 in
business licenses. Mr. Morgan stated operations have been concluded in the
Kenney pit and they are in .the process of completing the Turner Farm pit.
Mr. Morgan stated mining and reclaiming of 40% of the Fendonchuck
borrow pit will be accomplished during 1994.
Chairman Edwards called far persons to speak in opposition to the
application.
Upon no one appearing in opposition to the application, Chairman
Edwards called for comments from the Board.
Supervisor Spady noted the applicants are requesting a 25 acre lake,
but in order to accomplish this the applicants will have to excavate
approximately 30 acres. Supervisor Spady questioned that when the Board
originally issued a permit fora 25 acre borrow pit, did this mean they can
excavate 35 acres to come up with a 25 acres lake or can. they excavate only
25 acres.
County Attorney Crook stated only 25 acres can be excavated which
is the excavation permit.
Supervisor Spady noted that if this is the case, then they will only
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have a 15 acre lake if they stay within the guidelines.
Mr, Morgan distributed a chart from the Division of Mines, Minerals
and Energy illustrating what is disturbed and a map illustrating the
excavation of the northern end showing less than seven acres disturbed.
Mr. Morgan stated the Division of Mines, Minerals and Energy requires the
posting of a bond for the road constructed back to the borrow area although
the County does not include the road in the excavated area. Mr. Morgan
stated the Division of Mines, Minerals and Energy's report should reflect
the acreage mined is approximately 8.5 acres and that the additional two
acres is that which is disturbed. by way of access road.
County Attorney Crook stated according to the Division of Mines,
Minerals and Energy, excavation has occurred on 12.2 acres on the southern
site and 2.8 acres in roads and 8.5 acres has been disturbed with 2 acres in
roads on the northern site.
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Richard L. Turner, partner with Benns Church Properties, explained
the map prepared by him was done with a 100 foot tape and is not
intended to dispute anything by the Division of Mines, Minerals and
Energy. Mr. Turner stated if no further excavations were performed the
lake would consist of 6.91 acres and the total disturbed area would be 9.65
acres. Mr. Turner stated the County's previous policy did not consider the
slopes in the lake because the slopes are land that will be sold for potential
homes. Mr. Turner stated if the County wishes to change its specifications,
the State takes an aerial photo which shows the entire area disturbed and
this is what they consider to be part of the disturbed area, including the
roads.
Supervisor Spady asked the size of the Kenney pit lake.
Mr. Turner replied approximately 17 acres on the front and two acres
on the back which was approved by the Board. Mr. Turner stated if the
slope is considered there are more acres than that disturbed and the State°s
figures have been different all along because the slope is counted as
disturbed area.
Supervisor Spady stated excavations are taking place west of the
access road and individuals living in the area are requesting that the
excavations stay on the other side of the road.
Mr. Turner stated he did not have a problem with this.
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County Attorney Crook stated whether the excavation site includes
the slopes depends on what the ordinance and the plan of operation states
which may vary from pit to pit. Mr. Crook stated normally the slopes
would be included in the total acreage unless stated otherwise. Mr. Crook
stated the Kenney pit is an exception because of the 9 to 1 slope which goes
to the boundary lines of the property and was approved in that manner.
Mr. Crook stated every acre to be disturbed is bonded because it is part of
the property within the permit. Mr. Crook stated the ASCS estimates may
be high if based on aerial photos but they show 14.5 acres on the northern
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site and 19.9 acres on the southern site; however, the Division of Mines,
Minerals and Energy reflects 10.5 and 15 acres disturbed. Mr. Crook stated
the Board should be careful when approving these requests that there is not
already more excavated than is permitted. Mr. Crook stated Mr. Turner
wants to move 10 acres from the southern site to the northern site and
based on his estimate. of 15 acres with a permit of 25 he is within this, but
the ASCS estimate would indicate that it is 19.9 acresand if 10 acres are
moved the permit would then be in violation.
Mr. Turner stated the ASCS records indicate they are looking at
cleared area and the back part of the property is cleared of trees where the
topsoil-is stored.
County Attorney Crook asked Mr. Turner if he planned to perform
further excavation on the southern site.
Mr. Turner. replied no other area would be cleared for excavation at
this site.
County Attorney Crook asked the date of expiration of the conditional
use permit for the Jackson pit.
Mr. Turner replied June of 1996.
County Attorney Crook asked if Mr. Turner needed to extend the date
on the southern pit.
Mr. Turner stated except for the clay this pit should be finished this
year.
County Attorney Crook asked about the status of the fly ash operation
which has been permitted until.June of 1996.
Mr. Turner stated this is concurrent with the original permit. Mr.
Turner stated approval has been received today from the State agencies to
sell it.
County Attorney Crook asked if this would be operated in conjunction
..with the other pit.
Mr. Turner stated the northern pit is where the material is stored.
County Attorney Crook stated extension of the fly ash. permit is not
a part of this permit application.
Mr. Turner stated he did net request that this be done but he would
.hope that this be accomplished with the permit itself.
County Attorney Crook asked if the fly ash was approved under a
Special Use Permit or was it an amendment to the operation plan because
if it was a Special Use Permit nothing can be done today and if it is an
amendment to the operation plan then it could be extended along with the
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life of the permit.
Mr. Casket' stated it was a Special Use Permit.
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Mr. Turner agreed stating if it is a Special Use. Permit then he would
have to appear before the Board at a later time to seek an extension of it.
Supervisor Spady stated based on no opposition presented to the
request he would move the Board .approve the increase of acreage of
excavation of the northern site to a total of 30 acres including the slopes and
reduce the excavated acres on the southern site from 25 to 15 acres and also
extend the life of the northern pit to 1998, stating this would be excavation
area only including slopes, not lake area. The motion was unanimously (5-
0) adopted.
B. An Ordinance to Amend the Subdivision Ordinance
of Isle of Wight County, Virginia to Add Street
Lighting Requirements.
Chairman Edwards called for persons to appear in favor of or in
opposition to the proposed ordinance.
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Mike Carlson, Springfield Downs Subdivision, appeared in opposition
and stated the absence of street lights are an attraction for incoming city
residents into the County. Mr. Carlson stated the ordinance .provides for
the developer or subdivider to provide for the initial installation and
maintenance of the lighting for the first five. years, however, there is no
provision in the ordinance as to what will happen after the first five years.
Chairman Edwards closed the. public hearing and called for comments
from the Board members.
Supervisor Cofer stated after the first five years, the associated costs
become a burden on all taxpayers of the County because the County would
take over the streetlights. Supervisor Cofer stated the problem he has is
that the developers will pay for the areas but if other people in the County
who do not live in a subdivision desire street lights then the County has to
pay for these.
Supervisor Bradby stated streets with lights are safer than those
without lights and he wanted to move in a direction to provide street lights
where they are needed.
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Chairman Edwards stated all. new subdivisions would require street
lights under this ordinance. .
County Attorney Crook stated the proposed ordinance was requested
by the Board and the Planning Commission considered the matter. Mr.
Crook stated the problem is that people are not concerned with street
lighting until they begin having problems with burglaries. Mr. Crook stated
the Board is considering a policy in conjunction with the proposed
subdivision ordinance for the adoption of a policy as to what it will. take for
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existing subdivisions to have street lights. Mr. Crook stated the matter was
tabled until the subdivision ordinance could be considered by the Planning
Commission and advertised for public hearing by the Board.
Supervisor. Spady stated the proposed ordinance is not the correct way
to consider the matter because the County is requesting installation of street
lights in subdivisions whether or not they are wanted by homeowners.
Supervisor Spady stated the County will be incurring an expense in five
years whether street lights. are needed or not. Supervisor Spady stated if
a request is received for street lights, whether or not it is located in a
subdivision, then he believes they should install, pay for and maintain the
street light for five years and then the County will take it over.
County Attorney Crook stated what Supervisor Spady is saying is that
the proposed subdivision ordinance be reworded to make it voluntary on
the part of the developer to install street lights and the County will take
them -over in five years and apply the same guidelines for existing
subdivisions.
Supervisor Spady stated he would not necessarily make. a distinction
between subdivisions or more rural areas, rather for anyone who wants a
light.
Supervisor Bradby stated certain homes would receive the benefits of
alight more than others and he -would therefore want the cost to be a
responsibility of the developer and then the County would take it over.
Supervisor Bradby further stated for existing subdivisions, the County
should assume the responsibility of installing and maintaining the light.
County Attorney Crook stated the problem with lights in subdivisions
is that what generates the requests is that it becomes a high crime area and
as you come into high crime areas they are the ones who can least afford
to pay for the light. Mr. Crook stated as a result, the local government has
some responsibility to take safety precautions and measures in high crime
areas to cut down on the crime.
Chairman Edwards asked the County Attorney if the Board should
vote on the proposed ordinance separate from the policy or should they be
considered together.
County Attorney Crook stated they should be considered in
conjunction with one another. Mr. Crook stated he has a problem with the
proposed. ordinance in that the Board is going to require street lights in
every subdivision and the County will incur a tremendous expense where
they may not be needed.
County Administrator Standish asked the Board how they want the
policy to compare to the proposed ordinance. Mr. Standish stated the cost
quoted to the Board regarding the installation of street lights via the power
companies is based on existing poles. Mr. Standish stated if they exist, the
power companies will install. lights at no cost as long as the County is
responsible for the power usage bill which is approximately $110 annually
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per light; however, if there are no poles there is a $2,000 installation cost per
light. Mr. Standish stated one way to address the matter is for existing
poles only, otherwise the poles must be installed at someone's expense.
Supervisor Spady moved the Board table the matter until the
December 16, 1993 meeting at which time a comprehensive County policy
can be considered. The motion was unanimously (5-0) adopted.
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Supervisor. Cofer moved the Board proceed with the regular order of
the agenda. The motion was unanimously (5-0) adopted.
At 8:01 p.m., Supervisor Cofer moved the Board take afive-minute
recess. The motion was unanimously (5-0) adopted.
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Chairman Edwards called for Citizens Comments.
Bob Robertson, Isle of Wight Art League, requested the Board's moral
support of the organization.
Supervisor Bradshaw noted perhaps the County could provide a place
for a period of .time to exhibit the art of the. League in the future.
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, stated included in the agenda for the Board's consideration
is a resolution accepting Johnson Circle into the State's Second System.
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Chairman Edwards called for Transportation Matters..
Supervisor Cofer moved the Board adopt the following resolution:
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A Resolution Indemnifying The Commonwealth Of Virginia
For A Period Of One Year From All Cost, Damage Or Expense
Incurred In The Repair of Johnson Circle .Caused By
Defective. Materials And/Or Workmanship
WHEREAS, the street in Belmont. Terrace Subdivision has been
constructed, and the Commonwealth, acting through the Department of
Transportation, has accepted or is about to accept, for inclusion .into the
State's Second System the street listed below:
Johnson Circle
WHEREAS, by resolution, the County of Isle of Wight guarantees
surety in the amount of $3,750.00 to act as the performance bond for the
aforementioned subdivision street.
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NOW, THEREFORE, the condition of this obligation is such that if the
County of Isle of Wight shall indemnify and save harmless the
Commonwealth of Virginia for a period of one (1) year, .from January 1,
1994 to December 31, 1994, for all cost, damage or expense incurred in the
repair of said street and to persons and property lawfully on such street,
directly caused by defective materials andlor workmanship in the
construction of said street, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
IN WITNESS WHEREOF, the said County of Isle of Wight has caused
this resolution to be executed and its official seal affixed. the day and year
as shown below. as adopted by the Isle of Wight County Board of
Supervisors this 18th day. of November, 1993.
The motion was unanimously (5-0) adopted.
Mr. Neblett stated regarding the Jones Creek bridge design, the
County should have received notification from the State Location Design
Engineer whereby the Commonwealth Transportation Board. had approved
the project with modifications. Mr. Neblett stated Alternative #1 was
approved to locate the bridge to the south adjacent to the existing bridge
which will .allow the exiting bridge to stay in .operation while the new
bridge is being constructed. Mr. Neblett stated the modifications included
increasing the minimum bridge clearance and revisions to the alignment of
the east bridge approach to lessen the impact to property owners in the
final design phase. Mr. Neblett stated, since the public hearing in June of
1993 and based on what was discussed at the public hearing, VDOT is
pursuing increasing the bridge clearance to 12 feet at mean high tide in the
design of the bridge in an effort to keep the cost to a minimum, yet provide
adequate clearance and not adversely affect the adjacent property. Mr.
Neblett stated when VDOT examined increasing the bridge clearance to 17
feet the adjacent property did begin to be adversely affected in that the
entrance off. the road to the property would be rather steep. Mr. Neblett
stated VDOT normally tries to keep the percentage of an entrance coming
to a highway to 10% or less and increasing. the bridge clearance to 17 feet '
would be more than 10%. Mr. Neblett stated VDOT intends to examine the
possibility of between 12 and 17 feet, but VDOT feels anything above 12
feet that the adjoining. property will be adversely affected. Mr. Neblett
stated further that VDOT feels that by raising it from 8 feet to 12 feet this
can. be accomplished at an approximate cost of $50,000 and .from 12 to 17
feet would be approximately of $130,000 above the cost to raise it to 12 feet.
Mr. Neblett stated to raise the bridge to 17 feet would impact additional
wetlands which would require approval from various agencies. Mr. Neblett
stated VDOT feels that a 12 foot clearance will keep .costs to a minimum
and not adversely affect the adjoining property.
Supervisor Spady asked Mr. Neblett what will happen to the present
roadbed once the new roadbed is built going to the. new bridge.
Mr. Neblett stated this depends on what the environmental agencies
tell VDOT.
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Supervisor Spady stated an entrance must be left for the Wooster's
property and the angle could be stretched if VDOT would consider 14 feet.
Mr. Neblett stated it was VDOT's reasoning to keep it at an acceptable
angle of a 10% grade.
Mr. Neblett advised VDOT will begin utilizing the metric system for
new projects- put to bid, advertisements, and construction efforts in early
1996. Mr. Neblett stated this resulted from the ISTEA Bill and the Federal
government.
Mr. Neblett stated the project. on South Church Street is anticipated
to be finished in December of 1993 and the project on Route 646 in Windsor
should be finished on schedule.
Chairman Edwards called for comments from the Board.
Supervisor Bradshaw requested VDOT to clean the ditch and pipes on
Stephenson Drive.
Supervisor Bradby asked Mr. Neblett whose .responsibility it is to
repair shoulders on hard surface roads in the County where school buses
turn around.
1
Mr. Neblett stated the maintenance of turn around areas in the
County for school buses becomes the responsibility of the property owner
or the School Board because it is normally on private property.
Chairman Edwards. requested VDOT to repair the hole in the road on
Route 620 near the SPSA transfer station. Chairman Edwards further
requested the ditch to be cleaned on the right hand side of Wrenns Mill
Road.
Supervisor Spady asked Mr. Neblett if VDOT reviewed the left turn
lane on Route 10 in the Longview area.
Mr. Neblett stated a safety project will need to be initiated.
Supervisor Spady requested the status of Laurelwood Drive.
Mr. Neblett stated the necessary turn around is almost complete.
J. B. Whitmore requested the status of the pole in the .road near
Rowland Equipment Company off North Church Street.
Mr. Neblett stated there has been a pole at this location since 1955 and
when the Route 10 bypass .was built, a service road was built in 1972 to
serve a piece of landlocked property on the Delk farm. Mr. Neblett further
stated it is unclear .why the pole was not removed at that time and now
traffic has increased causing the pole to create a traffic hazard. Mr. Neblett
stated in order for VDOT to bring the road to today's standards, the pole
must be removed and he will again speak with VDOT representatives to
14
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review two alternatives.
Mr. Whitmore advised since the last meeting a pickup truck has
sideswiped the pole.
Supervisor Cofer requested Mr. Neblett to copy him on any
correspondence relative. to this issue.
Grace Keen expressed her. concern over the lack of emergency exits on
.crossovers on the James River- Bridge.
Mr. Neblett stated VDOT has recently allocated $1.3 million to install
TV cameras, lights and phones so that traffic can be watched and there is
a project set up to address the installation of electronic message signs.
//
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. Application of Rollis I. Bailey, Jr., for a Conditional
Use Permit to locate a mobile home to be occupied
by his daughter, Susan Bailey, on 2.942 acres of land
located. at 12462 Rocky Road off of Vellines .Lane
(Route 712}, in Newport Magisterial District.
Mr. Caskey stated the Planning Commission considered the
application at their earlier meeting this month and no one appeared in
opposition. Mr. Caskey stated the applicant represented that the mobile
home unit would be located at the rear of his existing home and utilize its
own septic tank and drainfield. Mr. Casket' stated the Planning
Commission voted unanimously to recommend approval of the application
to the Board.
Supervisor Spady moved the Board approve the application of Rollis
I. Bailey, jr. The motion was unanimously (5-0} adopted.
B. Water Quality Impact Assessment (WQIA) for the
Jones Creek Public Boat Ramp Facility in Newport
Magisterial District
Mr. Casket' stated the public boat ramp facility has been funded by
a variety of grant sources .awarded to the County and is to be located on
property fronting Jones Creek. Mr. Caskey stated the WQIA document is
required under the County's Chesapeake Bay Preservation. Area Ordinance
because the boat ramp involved with.this project is defined in the ordinance
as a water dependent facility which should be submitted to the Board for
consideration. of a WQIA requirement based on a recommendation by the
Planning Commission. Mr. Caskey stated the Planning Commission has
considered the WQIA and voted unanimously that the WQIA is consistent
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with the requirements by the County's Chesapeake Bay Area Ordinance and
• recommends to the Board approval of same.
Supervisor Spady moved the Board approve the WQIA. The motion
was unanimously (5-0) adopted.
C. Preliminary subdivision plat. of Lot Nos. 20 - 25 of
Cedar Grove, Owen Farm Road (Route 1903),
Newport Magisterial District.
Mr. Caskey stated the Board considered and approved a preliminary
plat for lot numbers 26-33 at their October meeting. Mr. Caskey stated the
developer is submitting to the Board for their consideration the same plat
with designation of lot numbers 20-25 for preliminary plat approval. Mr.
Caskey stated the developer is seeking favorable consideration of the
preliminary plat for the lots that have been mentioned and he also is
requesting the Board's consideration of the entire subdivision as it relates
to the issue of vesting rights and the Chesapeake Bay Preservation Area
Ordinance enforced by the County.
Sonny Owen requested the Board grant preliminary plat approval for
the entire subdivision.
County Attorney Crook asked Mr. Caskey if the plat met the
requirements of the ordinance.
~I
Mr. Caskey stated regarding design requirements of the Subdivision
Ordinance, the preliminary plat is in compliance; however, there are
development regulations that have been passed since the time the plat first
a
appeared.
County Attorney Crook stated the Planning Commission was ready
to act on the entire subdivision, but only the area in green .was being
requested and Mr. Owen was not present at that meeting. Mr. Owen
indicated he would like to have the Board grant preliminary plat approval
for the entire subdivision.
Supervisor Spady moved the Board approve the preliminary plat of
Cedar Grove with the .requirement that it comply with all ordinances
including the Chesapeake Bay Preservation Area Ordinance to the
maximum extent feasible.. The motion was unanimously (5-0) adopted.
1
Mr. Caskey stated the meeting between VDOT, Isle of Wight and
Suffolk concerning the VDOT Storm Water Detention Agreement to develop
some mutual understanding of the Agreement has been tentatively
rescheduled to December 1, 1993 and. it is staff's recommendation that all
local governments in the Suffolk District that may be affected by this
Agreement be invited to attend as well as the representatives of the Virginia
Association of .Counties.
//
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Chairman Edwards called for the County Attorney's report.
County Attorney Crook stated the Industrial Development Authority
(IDA) held a public hearing on November 17,1993 and adopted a resolution
for the proposed financing of .Union Camp Corporation's wastewater
facilities project. Mr. Crook stated counsel for Union Camp is present for
the Board's questions.
John Woltman, counsel for Union Camp, stated last year Union Camp
considered building a de-inking facility and, as a result, the IDA passed an
inducement resolution. Mr. Woltman stated the IRS changed its regulations
in September and Union Camp is presently trying to satisfy the Federal
requirement that the Board also approve the project.
County Attorney Crook read a resolution for consideration by the
Board into the record and stated he does recommend the Board adopt same.
Mr. Crook stated the IDA voted five votes in favor and none against the
motion. to adopt the resolution with two members absent.
Supervisor Spady moved the Board adopt the following resolution to
include any documents necessary for authentication:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, the Industrial Development Authority of Isle of Wight
County, Virginia (the "Authority") has considered the application. of Union
Camp Corporation (the "Company")for the issuance of the Authority's solid
waste disposal facility revenue bonds from time to time in one or more
series in an amount not to exceed $100,000,000- (the "Bonds"), to assist the
Company in financing the cost of acquiring, constructing and installing
certain solid waste disposal facilities and functionally related and
subordinate facilities (the "Project"), which consists primarily of a solid
waste disposal facility for the processing of waste. paper and includes pulp
processing equipment, waste paper collection and sorting facilities and other
waste paper handling facilities, broke. handling and pulp storage facilities,
converting and shipping facilities and other related or similar equipment
and electrical and mechanical controls and functionally related and
subordinate equipment; and,
WHEREAS, .the Project will be located on land owned by the
Company at 34420 Union Camp Drive in Isle of Wight County, Virginia,
near the bleached paper plant of the Company near Franklin, Virginia; and,
WHEREAS, the Authority has held a public hearing in respect of the
Project on Novemberl7, 1993:
WHEREAS, the Authority has recommended that the Board of
Supervisors (the "Board") of Isle of Wight County, Virginia (the "County"),
approve the issuance of the Bonds in order to comply with Section 147(f)
of the Internal Revenue Code of 1986, as amended (the "Code"), and Section
15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia
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Code"); and,
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, a record of the
public hearing and a "fiscal impact statement" with respect to the Project
have been filed with the- Board.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA:
1. The Board hereby approves the .issuance of the Bonds by the
Authority for the benefit of the Company to the extent required by Section
147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit
the Authority to assist in the financing of the Project.
2. Approval of the issuance of the Bonds, as required by Section
147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, does not
constitute an endorsement of the Bonds or the creditworthiness of the
Company. The Bonds shall provide that neither the County nor the
Authority shall be obligated to pay the Bonds or the .interest thereon or
other costs incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of the
Commonwealth, the County nor the Authority shall be pledged thereto.
This resolution shall take effect immediately upon its adoption.
,1
II
The motion was unanimously (5-0) adopted.
County Attorney Crook stated Supervisor Bradshaw and. the County
Treasurer recently inquired of him whether the County has the authority to
provide a waiver of .penalty and interest and deferral of taxes for
individuals in financial distress. Mr. Crook advised the County may adopt
an ordinance for deferral of real estate taxes and the deferral program shall
allow the person the option of deferring all or part of the real estate tax
subject to interest computed at the rate established pursuant to Section 66-
21 of the Internal Revenue Code. Mr. Crook stated the accumulated
amount of taxes deferred and interest shall be paid to the County by the
owner upon sale or transfer of the property or from the estate of the
descendent. Mr. Crook stated the Board could consider establishing criteria
under which they will allow such a deferral.
Supervisor Bradshaw noted that there are individuals who have been
laid off from their jobs, as well as farmers suffering financial hardships due
to the drought conditions this past year which would benefit from a
deferral ordinance.
Supervisor Spady inquired how many requests Supervisor Bradshaw
has had.
County Attorney Croolr, stated he did not believe citizens were aware
that the County could do this because it has only been State law for two
years.
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Chairman Edwards suggested having the County Attorney prepare a
proposed ordinance for the Board's consideration.
Supervisor Bradshaw moved the Board authorize the County Attorney
to prepare a sample deferral tax ordinance. The motion was unanimously.
(5-0) adopted.
County Administrator Standish stated the Board annually executes an
agreement with .the Health Department for their services in the County
which begins July 1, 1993 and which has been forwarded to the County
Attorney who has reviewed it and recommends his approval
Supervisor Cofer moved the Board approve the following contract and
authorize the County Administrator to sign the agreement:
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH
STATEMENT OF AGREEMENT WITH the Board of Supervisors of
Isle of Wight County, Virginia.
Under this agreement, which is created in satisfaction of the
requirements of R32.1-31 of the Code of Virginia (1950), as amended, the
Virginia Department of Health, over the course of one .fiscal year, will pay
an amount not to exceed $375,616, in accordance with appropriations by the
General Assembly, and in like. timeframe, the Board of Supervisors will
provide by appropriation a sum of $302,000. These joint funds will be
distributed in timely installments, as services are rendered in the operation
of the Isle of Wight County, Virginia Health Department, which shall
perform public health services to the Commonwealth as indicted in
Attachment A(1.), and will perform services required by local ordinances as
indicated in Attachment A(2.).
The term of this agreement is one year, beginning July 1, 1993.
The parties agree that:
1. Under this agreement, as set forth in paragraphs A,B,C, and D below,
the Commonwealth of Virginia and the Virginia Department of Health shall
be responsible for providing liability insurance coverage and will provide
legal defense for state employees of the local health department for acts or
occurrences arising from performance of activities conducted pursuant to
state statutes and regulations.
A. The responsibility of the Commonwealth and the Virginia
Department of Health to provide liability insurance coverage
shall be limited to and governed by the Self-Insured General
Liability Plan for the Commonwealth of Virginia, established
under R2.1-52b.8 of the Code of Virginia. Such insurance
coverage shall extend to the services specified in Attachments
A(1.) and A(2.), unless the locality has opted to provide
coverage for the employee under the. Public Officials Liability
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Self-Insurance Plan, established under R2.1-526.8:1 of the Code,
or under a policy procured by the locality.
B. The Commonwealth and the Virginia Department of
Health will be responsible for providing legal
defense for those acts or occurrences arising from
the performance of those services listed in
Attachment A(1.), conducted in the performance of
this contract, as provided for under the Code of
Virginia and as provided for under the terms and
conditions of the Self-Insured General Liability Plan
for the Commonwealth of Virginia.
C. Services listed in Attachment A(2.), any services performed
pursuant to a local ordinance, and any services authorized
solely by Title 15.1 of the Code of Virginia, when performed by
a state employee, are herewith expressly excepted from any
requirements of legal defense or representation by the Attorney
General or the Commonwealth. For purposes of assuring the
eligibility of a state employee performing such services for
liability coverage under the Self-Insured General Liability Plan
of the Commonwealth of Virginia, the Attorney General has
approved, pursuant to R2.1-121 of the Code of Virginia and the
Self-Insured General Liability Plan of the Commonwealth of
Virginia, the legal representation of said employee by the city or
county attorney, and the Board of Supervisors hereby expressly
agrees to provide the legal defense or representation at its sole
expense in such cases by its local attorney.
D. In no event shall the Commonwealth or the Virginia
Department of Health be responsible for providing legal defense
or insurance coverage for local government employees.
2. Title to equipment purchased with funds appropriated by the local
government and transferred to the state, either as match for state dollars or
as a purchase under ar~propriated funds expressly allocated to support the
activities of the local health department will be retained by the
Commonwealth and will be entered into the Virginia. Fixed Asset
Accounting and Control System. Local appropriations for equipment to be
locally owned and controlled should not be remitted to the Commonwealth,
and the local government's procurement procedures shall apply in the
purchase. The locality .assumes the responsibility to maintain the
equipment and all records thereon.
3. Amendments to or modifications of this contract must be agreed to in
writing and signed by both parties.
The motion was unanimously (5-0} adopted.
County Administrator Standish stated a request has been received
relative to a real property tax exemption for Springdale Housing.
20
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County Attorney Crook stated he did not believe it was in a form
suitable for. consideration by the Board at this point.
County Administrator Standish stated the County should respond to
Springdale Housing if they choose to consider the request and the matter
will be placed on the Board's December 16, 1993 agenda.
County Attorney Crook stated for the Board's information .there has
been a request by the Commissioner of Revenue for the Board to consider
adopting an ordinance pursuant to State Code that would allow a personal
property tax exemption for disabled veterans.
County Attorney Crook stated he had one other matter for executive
session later in the meeting concerning land acquisition.
//
Chairman Edwards called for the County Administrator's report.
Supervisor Cofer moved the Board adopt the following resolution
RESOLUTION OF INVITATION TO THE
COUNTY OF ISLE OF WIGHT
UNITED KINGDOM
WHEREAS, the County of Isle of Wight, Virginia, originally known as
Warrosquoyacke, was formed in the year 1634 as one of the eight original
shires by the General Assembly of the Colony of Virginia; and,
WHEREAS, the County. of Isle of Wight, Virginia will celebrate its 360th
.anniversary on .September fifteenth through the eighteenth of 1994 in
conjunction with its first annual County Fair; and,
WHEREAS, this County of Isle of Wight, Virginia was settled by many
citizens of Isle of Wight of the United Kingdom and it is the County of Isle
of Wight, Virginia's intent to maintain and strengthen these bonds.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle
of Wight County, Virginia that it hereby exkends an invitation to those
appropriate officials of the-County of Isle of Wight in the United Kingdom.
of Great Britain to join the citizens of Isle of Wight, Virginia in a .special
observance to promote the County's 360th anniversary and the rural
traditions represented by a County Fair.
BE IT FURTHER RESOLVED that copies of this resolution be formally
entered into the minutes of the Board of Supervisors of November 18, 1993
and a copy be furnished to the Council of the County of Isle of Wight of the
United Kingdom with the County's sincere invitation to attend and wishes
for cozttinuing friendship and good will between the respective
communities.
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The motion was unanimously (5-0) adopted.
County Administrator Standish stated the Board should authorize a
letter in order for the Board to become eligible as an .Economic
Development Administration redevelopment area.
1
Supervisor Edwards moved the, Board authorize the County
Administrator to send a letter and do all things necessary to obtain
designation and pursue grant(s). under the EDA program. The motion was
unanimously (5-0) adopted.
Chairman Edwards requested the County Administrator to copy Jan
Faircloth in Congressman Sisisky's office on all correspondence on this
matter.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE FOUR HUNDRED FIFTY FIVE
THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS
FROM THE. UNAPPROPRIATED FUND BALANCE
OF THE GENERAL FUND TO THE ISLE OF WIGHT
INDUSTRIAL DEVELOPMENT AUTHORITY
FOR THE PURPOSE OF THE
ACQUISITION OF PROPERTY FOR AN INDUSTRIAL PARK
1
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the purchase of property for an industrial park; and,
WHEREAS, the funds in the amount of four hundred fifty five
thousand three hundred. sixty .seven .dollars. ($455,367) need to be
appropriated from the unappropriated. fund .balance to .the Industrial
Development Authority 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 four
hundred fifty five thousand three hundred sixty seven dollars ($455,367)
from the unappropriated .fund balance be appropriated to the Industrial
Development Authority for the acquisition of property for an industrial
park.
~,
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.
f]
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE SEVENTY SEVEN THOUSAND
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE
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OF THE GENERAL FUND TO THE ISLE OF WIGHT
INDUSTRIAL DEVELOPMENT AUTHORITY
FOR THE PURPOSE OF INFRASTRUCTURE ASSESSMENT
AND SITE MAINTENANCE OF PROPERTY FOR AN INDUSTRIAL PARK
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the development of property for an industrial park;
and,
WHEREAS, the funds in the amount of seventy. seven thousand.
dollars .($77,000) need to be appropriated from the unappropriated fund
balance to the Industrial Development Authority' 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 seventy
seven thousand dollars ($77,000) from the unappropriated fund balance be
appropriated to the Industrial Development Authority for infrastructure
assessment and site maintenance of property for an industrial park.
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 included in the agenda for the
Board's consideration. is an amendment to the 1994 legislative priority list
which would allow a locality to levy a severance tax on minerals .from.
borrow pits.:
County Attorney Crook warned the County should be careful in the
wording regarding "valuable minerals" because there is a great deal of case
aw over what constitutes minerals.
County Administrator Standish stated all of the County's legislative
items contain language that is recommended by staff and that it must first
go through legislative services in the General Assembly for adjustment at
that level.
Supervisor Spady moved the Board include the severance tax on
minerals in the .1993-94 legislative package. The motion was unanimously
(5-0) adopted.
County Administrator Standish stated included in the agenda for the
Board's consideration is an amendment to the 1994 legislative priority list
concerning State compensation for Constitutional officers. County
Administrator Standish stated since the Board adopted its legislative
package the State Compensation Board has proposed to balance their
budget by eliminating State reimbursement for Constitutional officers' fringe
benefits.
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Supervisor Spady moved the Board include the reduced State
compensation for constitutional officers in .the 1993-94 legislative package
and that County staff be directed to send a letter to the County's legislative
delegation expressing its strong opposition to the State's continuing decline
of funding. The motion was unanimously (5-0) adopted.
County Administrator Standish stated the County's current telephone
system is now 12 years old and included in the agenda for the Board's
consideration are three options in anticipation of what the Board may wish
to put in their. next fiscal year budget.
1
Supervisor Cofer moved the Board authorize staff to prepare and send
out a RFP for a telephone system at the Courthouse complex. The motion
was unanimously (5-0) adopted.
County Administrator Standish stated the State is requiring a $3,000
fee for dredging of the Pagan River and the. Town of Smithfield is paying
half of the fee and requesting the County to pay the other half.
Supervisor Spady moved the Board appropriate $1,500 from the
contingency fund to pay for one-half of the dredging. The .motion was
unanimously (5-0) adopted.
Supervisor Spady further moved the Board authorize County staff to
write the COE and request them to consider some type of maintenance for
Jones Creek. The motion. was unanimously {5-0} adopted.
County Administrator Standish stated the landfill closure is under
contract and included in the agenda is a change order which does not
increase the cost but does add eighteen additional days.
1
County Attorney Crook stated there is a penalty clause for every day
that exceeds the contract date. Mr. Crook stated the County is giving up
money by approving the change order.
County Administrator Standish stated things were discovered during
excavation that were handled without any increase in cost although it did
add two additional weeks to the project schedule.
Supervisor Spady moved the Board approve change order #1. The
motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board adopt the following resolution:
1
RESOLUTION TO APPROPRIATE THREE THOUSAND
FIVE HUNDRED DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND TO THE CAPITAL BUDGET
WHEREAS, the Board of Supervisors. of the County of Isle of Wight,
Virginia has approved the purchase of a vehicle for the Recreational
Facilities Authority; and,
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WHEREAS, the funds in the amount of three thousand five hundred
dollars ($3,500) need to be appropriated from the. unappropriated fund
balance to the capital budget 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 three
thousand five hundred dollars ($3,500) from the unappropriated fund
balance be appropriated to the capital budget 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 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:
RESOLUTION TO ACCEPT AND APPROPRIATE
FORTY FIVE THOUSAND FIVE- HUNDRED FIFTY SIX DOLLARS
FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER 2 PROGRAM
WHEREAS, the School Board of the County of Isle of Wight, Virginia
has received a grant for the Chapter 2 Program; and,
WHEREAS, the funds in the .amount of forty five thousand five
hundred fifty six dollars ($45,556) need to be appropriated to the School
grant fund in the 1993-94 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 forty five
thousand five hundred fifty six dollars ($45,556) be appropriated to line
item Chapter 2 Program in the 1993-94 budget of the County of Isle of
Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all the .things
necessary to give this resolution effect.
The motion was unanimously (5-0) adopted.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
FIVE HUNDRED TWENTY EIGHT THOUSAND
AND TWENTY THREE DOLLARS
FROM THE FEDERAL GOVE~NT FOR THE CHAPTER I PROGRAM
WHEREAS, the School Board of the County of Isle of Wight, Virginia
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has received a grant for the Chapter I Program; and,
•.
WHEREAS, the funds in the amount of five hundred twenty eight
thousand and twenty three dollars ($528,023) need to be appropriated to the
School grant fund in the 1993-94 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 five
hundred twenty eight thousand and twenty three dollars ($528,023) be
appropriated to line item Chapter I Program in the 1993-94 budget of the
County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County. Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all the things
necessary to give this resolution effect..
The motion was unanimously (5-0) adopted
Supervisor Cofer moved the Board adopt the following resolution:
1
RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND FIVE
HUNDRED SIXTY-TWO DOLLARS
FROM THE FEDERAL GOVE?~NMENT FOR THE
CHAPTER T PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a carryover grant for the Chapter I Program; and,
WHEREAS, the funds in the amount of two thousand five hundred
sixty-.two dollars ($2,562) need to be appropriated to the School grant fund
in the 1993-94 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT iS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight,- Virginia that two
thousand five hundred sixty-two dollars ($2,562) be appropriated to line
item Chapter I Program in the 1993-94 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.
1
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE THIRTY EIGHT THOUSAND
FIVE HUNDRED DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE
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GENERAL FUND FOR PROFESSIONAL SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved expenditures for the .establishment of impact
fees/proffers; .and,
WHEREAS, the funds in the amount of thirty eight thousand five
hundred dollars ($38,500) need to be appropriated from the unappropriated
fund balance to .the impact fees/proffer study line item 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
eight thousand five hundred dollars ($38,500) from the unappropriated fund
balance be appropriated to the impact fees/proffer study line item 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 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:
RESOLUTION TO ACCEPT AND APPROPRIATE
FOUR HUNDRED DOLLARS ($400)
FROM THE HISTORIC ST. LUKES ASSOCIATION
FOR ROADWAY BEAUTIFICATION
WHEREAS, the. Board of Supervisors of the County of Isle of Wight,
Virginia received a donation for roadway beautification; and,
WHEREAS, funds in the amount of four hundred dollars ($400) are
needed to be appropriated to .the Roadway beautification line item 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 four
hundred dollars ($400) be appropriated to line item 11-9108E-3009A,
Roadway Beautification, 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 .program 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 and
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direct the County Administrator to write the Chamber of Commerce
advising this is the total amount the County-will fund towards this effort:
1
RESOLUTION TO APPROPRIATE SEVEN THOUSAND FIVE HUNDRED
DOLLARS FROM THE UNAPPROPRIATED FUND
BALANCE OF THE GENERAL FUND FOR TELEPHONE SYSTEM
IMPROVEMENTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved expenditures relative to extended area
calling/telephone system improvements; and,
WHEREAS, the funds in the amount of seven thousand five hundred
dollars ($7,500) need to be appropriated from the unappropriated fund
balance to the Telephone System Improvements line item 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 seven
thousand five hundred dollars ($7,500) from the unappropriated fund
balance be appropriated to the Telephone System Improvements line item
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 and to do all the things necessary to
give this resolution effect.
The motion was unanimously (5-0) adopted.
County Administrator Standish stated included in the agenda is a
request for authorization to review benefits that can be provided to County
employees via the Section 125 Plan. Mr. Standish stated the IRS allows the
County to expand the pre-tax deductions category of its Plan to include
medical reimbursement funds and dependent daycare expenses,
Chairman .Edwards moved the Board authorize the County
Administrator to investigate the benefits that can be provided to County
employees by the Section 125 Plan. The motion .was unanimously (5-0)
adopted.
County Administrator Standish stated included in the agenda is a
status report of the- expenses- and cash balance of the County's health
benefits plan as of the end of February 1993.
1
County Administrator Standish noted $8,773.21 was collected by the
delinquent tax attorney at a cost to the County of $3,044.26 which
represents a cost of 34% of the amount collected.
County Attorney Crook stated there is a statute that says the Board
may require a bond for the delinquent tax attorney who was asking if the
Board was going to require the bond. Mr. Crook stated this is not
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necessary and there is no reason for the County to require a bond of the
attorney and he would recommend to the Board that they assure. him that
the Board would not require a bond.
Supervisor Cofer moved the Board authorize the County Attorney to
advise the delinquent tax attorney that the County will not require the
bond. The motion was unanimously (5-0) adopted.
County Administrator Standish stated an application should be
submitted. to .the United States copyright office relative to Helen Haverty
King's Historical -Notes on Isle of Wight County. and the Board should
authorize .the Chairman to sign the appropriate Federal forms.
Supervisor Spady moved the Board authorize the Chairman to sign
the appropriate Federal forms. The motion was unanimously (5-0) adopted.
County Administrator Standish stated the Magistrates office has been
advised by the Supreme Court of Virginia that the State will fund
approximately one half of a data processing system which is located in the
Smithfield Police Department at a total cost of approximately $2,700 and the
locality has been asked to fund $1,200.
Supervisor Cofer moved the Board authorize the County
Administrator to proceed with working with the State and the Magistrates
regarding data processing equipment and furniture for their office and
.bring the matter back to the Board for appropriation of funds. The motion
was unanimously (5-0) adopted.
County Administrator Standish stated County funds were not utilized
during the Parade of Homes for water taxies and the Isle of Wight Tourism
Bureau has written the County asking if they would like a refund. Mr.
Standish stated that, if the Board concurred, he would inform the
appropriate individuals that the County does not desire a refund.
County Administrator Standish stated the County's audit is complete
and being circulated for review and the Board will receive a presentation
from the auditors at their December 16, 1993 meeting.
County Administrator Standish stated annually the County has an
auction of surplus vehicles and equipment and this year an additional
$16,500 was'received and he would request the Board's permission to take
a portion of that revenue for appropriation of the acquisition of a pickup
truck for the Public Works Department. Mr. Standish stated he would
suggest $10,000 to $12,000 be allocated towards the acquisition of a heavy-
duty pickup truck.
Supervisor Spady asked what is being used to pull the trailer.
County Administrator Standish stated the County currently has two
full size pickup trucks that are equipped with 6 cylinder engines.
.Supervisor Bradshaw expressed his concern stating he had earlier
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requested the County Administrator to meet with the Public Works Director
. regarding the Director's request for a new truck which did not occur and
suggested some of the Board members discuss the needs of the Public
Works Department with the Public Works Director regarding the truck
request.
Supervisor Bradshaw moved the Board direct. Supervisor Spady to
review Public Works vehicle needs and to bring back a recommendation to
the County Administrator's office. The motion was unanimously (5-0)
adopted.
//
Chairman Edwards called for Old Business.
A. RESOLUTION TO ACCEPT AND APPROPRIATE
TWO THOUSAND SIX HUNDRED DOLLARS
FROM THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF CHESAPEAKE BAY LOCAL
ASSISTANCE.-BOARD
Supervisor Cofer stated that although this resolution will provide
funds to the County to buy a computer to monitor septic tanks under the
Chesapeake Bay Preservation Area Ordinance, the Health Department
already has all septic tanks numbered because individuals must get permits.
1
The previous motion of Supervisor Bradby to .adopt the following
resolution was defeated (3-2) with Supervisor Bradby and Chairman
Edwards voting in favor of the motion and Supervisors Spady, Bradshaw
and Cofer voting against the motion:
t.
RESOLUTION TO ACCEPT AND APPROPRIATE i
TWO THOUSAND SIX HUNDRED DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
CHESAPEAKE BAY LOCAL ASSISTANCE BOARD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a grant from the Commonwealth of Virginia,
Department of Chesapeake Bay Local Assistance Board for the septic system
records database; and,
~,
f]
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WHEREAS, the funds in the amount of two thousand ix hundred
dollars ($2,600) from the Commonwealth of Virginia, Department of
Chesapeake Bay Local Assistance Board needs to be appropriated to the
septic system records line item in the 1993-94 budget of the County of Isle
of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that two
thousand six hundred dollars ($2,600) to be received from the
Commonwealth of Virginia, Department of Chesapeake. Bay Local
Assistance Board be appropriated in the 1993-94 budget of the County of
30
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Isle of Wight, Virginia..
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate.
accounting adjustments in the budget for this grant and to do all the things
necessary to give this resolution effect.
Supervisor Edwards recommended County staff write the Department
of Chesapeake Bay Local Assistance Department explaining why this was
rejected and the County's. opposition of required local funding of automatic
five-year pump out of septic tanks. with copies of such correspondence to
the legislative delegation.
1
County .Administrator Standish stated the Board may wish to direct
that discussion take place with the Health Department that beginning next
fiscal year they. assume this responsibility.
Chairman Edwards moved that the Board authorize County staff to
discuss with the Health Department that they assume the responsibility of
tracking septic tank pump outs. The motion passed (4-1) with Chairman
Edwards and Supervisors Cofer, Bradby and Bradshaw voting in favor of
the motion and Supervisor Spady voting against the motion.
B. Spirit of Smithfield Contribution
County Administrator Standish .stated his recommendation is to
authorize a transfer not to exceed $2,000 from the Count}~s contingency line
item to make a contribution to the Spirit of Smithfield Christmas program.
Supervisor Cofer moved the Board authorize an amount only needed
to cover any shortfall from the Spirit of Smithfield and the Town of
Smithfield's contribution not. to exceed $2,000 as a one-time contribution.
The motion was unanimously (5-0) adopted.
//
Chairman Edwards called for Appointments.
Supervisor Cofer moved the Board reappoint Hazel Clemons
representing the Smithfield District for. afour-year term on the Social
Services Board. The motion was unanimously (5-0) adopted.
//
Chairman Edwards called for approval of the September 16,1993 and
October 21, 1993 minutes.
Upon recommendation of County Attorney. Crook, Supervisor Bradby
moved the Board adopt the September 16, 1993 and October 21, 1993
minutes.. The motion passed (40) with Supervisor Cofer abstaining.
//
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County Attorney Crook requested an executive session pursuant to
Section 2.1-344 A3 of the Freedom of Information Act concerning acquisition
of property for public purposes and 2.1-344 Al of` the Act for interview of
data processing consultant services applicants.
At 10:35 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.
Chairman Edwards left the meeting at 11:30 p.m. and did not return.
Upon returning to open session at 11:45 p.m., Supervisor Spady
moved the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors .has convened an executive
meeting on this date pursuant to an affirmative recorded .vote and in
accordance with the provisions of the Virginia Freedom of Information Act;
and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from apen 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: 4
NAYS: 0
ABSENT DURING VOTE: 1
ABSENT DURING MEETING: 0
The motion passed (4-0) of those members present.
1
Supervisor Cofer moved the Board authorize the County Attorney to .
purchase the real estate as discussed in executive .session. The motion
passed (4-0).
Supervisor Spady moved the .Board authorize the County
Administrator and County Attorney to begin fee negotiations with The
McClain Group for data consulting services. The motion passed (4-0).
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County Attorney Crook requested an executive .session pursuant to
Section 2.1-344 A7 of the Freedom of Information Act for consultation and
advice of counsel and staff concerning- potential litigation.
At 11:47-p.m., Supervisor Bradby moved the Board go into executive
session for the reason stated by the County Attorney. The motion passed
(4-0).
At 11:59 p.m., upon returning to open session, Supervisor Cofer
moved the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened- an executive
meeting on .this date pursuant to an affirmative recorded vote and in
accordance with the provisions of the Virginia Freedom of Information Act;
and,
WHEREAS, 2.1-344.1A of the Code of Virginia .requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted -.from open meeting requirements by
Virginia law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
VOTE
AYES: 4
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1
The motion passed (4-0).
Supervisor Cofer moved regarding the matter discussed in executive
session the Board direct the County Attorney to file the suit papers if the
bond is not posted by December 3Q, 1993 by the developer and that the
sure y be in the .form of cash. The motion passed (4-0).
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At 12:00 p.m., Supervisor Cofer moved the Board adjourn. .The
• motion passed (4-0). ~ '
~~~~~d
• Steve W. Edwards, chairman
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Myles . Standishh, Clerk
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