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12-16-1993 Regular Meeting s'o~K 15 ~~r=550 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF DECEMBER 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 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. and delivered the invocation. Chairman Edwards noted this would be Supervisor Bradshaw's final meeting and on behalf of the Board and County employees he would like to personally thank him for looking after the County throughout the last eighteen years. // Chairman Edwards called for. Special Presentations. Chris Toney, representing Goodman & Company, stated an audit was performed of the County s financial statement for fiscal year ending June 30, 1993. Mr. Toney stated Goodman & Company's expressed opinion on the financial statement is a clean opinion with the exception of the County not recording a general fixed asset group. Mr. Toney stated this can be accomplished by performing a complete inventory of all of the County's fixed assets and recording this information on the books. Mr. Toney stated other reports required to be contained in the financial statements are a combined report on internal control and a report on compliance, both of which Goodman & Company found the County to be in compliance. Mr. Toney stated Goodman & Company is also required to follow up on comments made in the past and the prior year comment concerned adrug- free work. place. Mr. Toney stated the Social Services Department has implemented adrug-free policy which is in compliance with the Drug-Free Work Place Act at June 30, 1993; however, the County has not yet implemented a policy. Mr. Toney stated it is Goodman & Company's understanding that the County is now developing such a policy. Martha Delles, Manager. with Goodman & Company, stated the County's general fund fund balance increased this year due to revenues exceeding expenditures, and actual revenues exceeded budgeted revenues leaving. a surplus of $247,919. Ms. Delles stated the Treasurer's end of year 1 1 1 1 eoaK ~.5 ~ac~5~1 f~. ~r~~~~~ cash was $10,000,000 on hand at June 30, 1993 and the County is generally in good financial .shape. s Bobby Powell, President of the Peninsula Housing & Builders Association, presented John Boone with a plaque honoring him as Public Employee of the Year. // ' Chairman Edwards called for Citizens Comments. Judy Horn of Morgarts Beach stated her cat .was taken in by her neighbor as a stray cat who brought the. animal to the County's shelter at 1:00 p.m. on Friday. Ms. Horn stated she contacted Animal Control on Sunday at 1:00 p.m. and spoke with Bob Howell who informed her there was not a grey Persian at the shelter that morning and suggested she come to the shelter on Monday which she did. Ms. Horn stated she spoke with Lynn O'Berry who noted to her that she was not on duty that weekend and suggested she speak with Brad Burgett who contacted her on Tuesday to advise he had euthanized her. cat on Friday because her neighbor read signed a release form. Ms. Horn stated she contacted the County Administrator to request action be taken because the County's ordinance states that a stray animal was to be held for ten days and thereafter either adopted or euthanized. Ms. Horn stated State law allows five days before adoption or euthanasia can be performed and the only exception to this law is if the animal is critically ill or not weaned. Ms. Horn requested that disciplinary action be taken against the person who euthanized her cat. Chairman Edwards expressed his concernover. the euthanasia of Ms. Horn's cat and stated he hopes the Board. can take the appropriate steps to avoid this situation from reoccurring. John Kaminski, Sr. of Carrollton requested the Board's consideration of a tax exemption on personal property for disabled veterans. County Attorney Crook stated he intended to report on the request under his section of the agenda and he would like to address the matter at that time. Gerald Sanders, Chief of the Chuckatuck Fire Department requested the Board's favorable consideration of Chuckatuck Fire Department members .who live in the County to receive the same tax exemption on personal property as volunteer fire and rescue personnel receive who live and serve the County. Mr. Sanders stated that the Chuckatuck Fire Department serves a run area in the Longview area of the County. which covers approximately 350 homes. _~ Supervisor Bradshaw asked Mr. Sanders if he would be .willing to request the City of Suffolk to also support exemptions for County citizens who work for the City of Suffolk fire departments if the County supports his request. aA~K 15 ~Mrf552 Mr. Sanders stated he would recommend that County citizens who work for the. City of Suffolk fire departments approach the Suffolk Council with. their request. County Attorney Crook stated he intended to report on the request under his section of the agenda and he would like to address the matter at that time. Greg Parson, Chuckatuck Fire Department member and resident of the County, urged the Board to favorably consider a tax exemption for personal property tax on one vehicle for members of the Chuckatuck Fire Department who also live in the County. . Dr. Jane T. York, School Superintendent, requested additional funding for completion of Phase I in the amount of $553,000 for the Carrollton Elementary School and the Windsor Middle/High School auditorium and technology. Dr. York stated two lots along Church Street have been purchased and the School Board has put out as an add alternate the demolition of the old Windsor High School buildings. Dr. York stated the School Board .has also come up with an amount for the construction of a revised entrance. to the Windsor Middle/High school. Dr. York stated the School Board has unencumbered funds in the amount of $532,888 and additional funding in the amount of $553,000 is requested. Supervisor Bradshaw moved the Board approve Dr. York's request and add $553,000 to the next bond issue. The motion was unanimously (5- 0) adopted. Dr. York. stated in March of 1993 the School Board brought Phase II of the school construction plan to the Board which approved aFour-Year Alternate Plan. Dr. York stated RFPs for architects have been solicited and the School Board intends to do an amendment to the contract with Powell Management for Phase II if appropriate funding from the County is received. Peter Andreu, Powell Management Corporation, stated review of the documents and discussions with the architect lead to a total. savings of approximately $1,000,000 on the Carrollton Elementary School as a result of PMA's efforts .which allows the project to be in line with the budget. Dr. York noted the Carrollton Elementary School won a national award and pictures of it will be on display at the national School Boards' Association. Dr. York stated when Phase II was presented to the Board in March of 1993 the total cost was $10.6 million and by reworking Phase II the total estimated cost is now $9.8 million. Dr. York stated the Carrsville Elementary School was originally intended to be a new school which would house approximately 375 children at an estimated construction cost of approximately $4.1 million. Dr. York stated the School Board requested the architect to present several alternatives: (1) a new school, (2) renovate all of the existing school, or (3) present a plan to build a new school saving the ,~ J 3 aa~~~ 15:x,:=55~ 1 1 K-1 wing. Dr. York stated Phase II has been revised and the most feasible alternative is to build a new school, but save the auditorium, preserve the K-1 wing, build the new school attached to it and demolish the old building at a construction cost of $3,000,000. .The School Board also: proposes reducing the classrooms from 15 students to 12 which would house more children than are presently at Carrsville. Dr. York stated if the demographics projections are correct, in 1997 the County will have 900 children in the K-5 in the Windsor/Carrsville District and'by renovating the; Windsor Elementary School as it is and not utilizing the mobile .units, it will have a capacity of 600 students which would mean the County can rezone Carrsville and have adequate space at the Carrsville Elementary School for. the balance of the children in the Windsor/Carrsville District.. Dr. York stated the Carrsville school would also be designed for possible expansion. Supervisor Bradshaw stated attendance zones for the Carrsville school were drawn up in the 1920s and have never been changed. Supervisor Cofer stated the County will be considering the budget in the next several months and he is not prepared to vote on $9.8 million tonight. Supervisor Cofer asked Dr. York how much money is needed to begin Phase II. Dr. York stated by using construction management through October of 1993 she would project $379,000 for architect's fees and construction management would have to be paid through June 1993. Supervisor Spady stated he is committed to Phase II in principle, but the School Board is still recommending that the Carrsville School be built for approximately 300 students which is not practical. Supervisor Spady stated he wanted to see the schools built; however, when they are built is contingent upon County tax revenues. Supervisor Spady stated he .prefers not to raise taxes, but if the County can bring in new revenue he will support it. Supervisor Spady suggested staff perform projections on the impact of new taxes to determine if the County can commence with construction without significantly raising the tax rates. Supervisor Cofer moved the Board appropriate $300,000 for architect and construction management fees to the school construction: budget. The motion was unanimously (5-0) adopted. /I At 7:17 p.m., Supervisor Spady moved the Board amend the agenda to hold the public hearings. The motion was unanimously. (5-0) adopted. // Chairman Edwards called for a public hearing on the following: An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia Regarding Fencing Requirements for. Borrow Pits 4 -, 9o~r ~ 15 ~~.:-554 County .Attorney Crook stated currently the County's Zoning Ordinance requires mandatory fencing upon reclamation and it has been suggested that the fencing requirements be more flexible and also that fencing be required during operation in addition to reclamation. Mr. Crook stated a public hearing was held by the Planning Commission who were convinced that fencing is or may be needed during operation but were not convinced that it is needed in reclamation. Mr. Crook stated as a result, the Planning Commission has recommended to the Board an amendment to the ordinance that would add fencing during operation. Mr. Crook stated the Planning Commission is recommending against the ordinance #or fencing during reclamation. The Planning Commission has advertised for a public hearing to consider repealing the existing mandatory requirement for fencing as a part of reclamation and the Board may want to act on the proposed ordinance tonight or they may wish to wait and have the reclamation amendment to consider along with the proposed ordinance for operation after the Planning Commission considers the matter, stated Mr. Crook. Chairman Edwards called Eor persons to speak in favor of or in opposition to the proposed ordinance. No one appeared in support of or in opposition to .the proposed ordinance. Supervisor Spady moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA REGARDING FENCING REQUIREMENTS FOR BORROW PITS. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the following Section be added to the Zoning Ordinance of Isle of Wight County, Virginia regarding fencing requirements for borrow pits operation, under Section 10-11-3, Operating and development requirements: 10-11-3 4 Fencing/Gate Requirements. The Administrator, as herein defined, may require the entire excavation area to be fenced with gates constructed at all entrances to be kept locked at all times when not in use. The Administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public. The motion was unanimously (5-0) adopted. 5 .. 800K ~5 Y!['r~~rJ ~~ Chairman Edwards called for Transportation Matters. r~ u MacFarland Neblett, Resident Engineer, Virginia Department of ' Transportation, stated improvements to South Church Street in Smithfield have been completed as well as the project on Route 646, replacement of the bridge. Supervisor Bradby moved the Board adopt the following resolution: Resolution WHEREAS, Track Lane (Extended) and Kenmere Lane, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County;. and, WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board .that Track Lane (Extended) and Kenmere Lane meet the requirements established in accordance `pith secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. J NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add Track Lane (Extended) and Kenmere Lane to the secondary system of State highways, pursuant to 33.1- 229, Code of Virginia, and the Department's Subdivision Street Requirements; and, BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was unanimously (5-0} adopted. Supervisor Spady moved the Board adopt the following resolution: Resolution 1 WHEREAS, King James Court and Victoria Court, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County; and, WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board that King James Court and Victoria Court meet the requirements established in accordance with secondary road . 6 ,, - ----_ a • ~ sock ~ ~5 ~pGf556 policies and the Subdivision Street Requirements. of the Virginia Department of Transportation and the Isle of Wight County Subdivisio d S d tem ce relating to acceptance of streets into .the State s Secondary Roa ys NOW, THEREFORE, BE IT RESOLVED, this Board reCour~ and Virginia Department of Transportation to add King James Victoria Court to the secondary system of State highways, pursuant to 33.1- 229, Code of Virginia, and the Department's Subdivision Street 1 Requirements; and, BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was unanimously (5-0) adopted. County Administrator Standish referred to the status report included in the agenda relative to ongoing discussion concerning the Comprehensive stormwater Detention Agreement. Mr. Standish stated York and James City counties have signed modified agreements with VDOT and Bedford County has developed a tri-party agreement in which the State, the locality and the developer enter into specific stormwater detention responsibilities. Mr. Standish stated the matter should be further considered during the General Assembly session and the County may wish to suggest that the legislators expand the responsibility of VDOT so that they are responsible for stormwater management, particularly in rural areas. Chairman Edwards called for comments from the Board. Supervisor Bradshaw requested the status of Pruden Road. 1 Mr. Neblett stated he is in the process of reviewing the Pruden Road, as well as Routes 630 and 631. Supervisor Bradshaw requested VDOT to repair the hole in the road on See-Gar Drive and the pipe in the road in front of Mary Sue Spencer's gate. Supervisor Bradby requested the status of Route 681. Mr. Neblett stated there will be a minimum of a fifty foot right of way although there may be some areas where additional right of way may be needed. Mr. Neblett stated regarding Raynor Road, VDOT may have to perform a survey for the entire road to determine where the right of way lines will be. Mr. Neblett stated the piece of property that involves heirs is still being reviewed to determine the owners of the property. Supervisor Bradby requested the status of Route 650. .~ 1 7 eo~K 15 ~~~r5~7 Mr. Neblett stated he will contact. Ms. Atkins regarding her signature for the right of way. , Chairman Edwards requested Route 652 be scraped and that the ditch on the right hand side of Wrenn's Mill Road, towards Surry, be cleaned. Supervisor Spady reminded Mr. Neblett to clean out the pipe in the road on Route 665. Supervisor Spady stated due to the recent high tides aff cbridge at Jones Creek has not been able to accommodate school bus tr Supervisor Cofer stated the sewer line manhole on South Church .has been covered during the asphalting process. J.B. Whitmore of Smithfield requested VDOTto install gravel or crush and run on Route 661. Mr. Neblett stated he would review the matter. • Supervisor Cofer stated regarding the light pole being located in the middle of Route 661, he would refer to correspondence dated December 15, 1993 from Mr. Neblett which states the history of the tight pole is to serve existing businesses and that. it is not VDOT's responsibility to remove the. pole. However, if the pole is moved, VDOT will make necessary improvements to the road to bring it in line with today's standards, stated Supervisor Cofer. Mr. Bradby stated both VDOT and Virginia Power have advised the Board that they will not assume responsibility for t le Pemovedebefore an the County should initiate action to have the po accident occurs. County Attorney Crook pointed out that the street is in the Town of Smithfield. Supervisor Cofer moved the Board authorize the County Administrator to contact the Smithfield Town Manager relative to Route 661 (telephone pole) and bring the matter back to the Board's January 20,1994 meeting. The motion was unanimously (5-0) adopted. // At 7:50 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was unanimously (5-0) adopted. // ~,I At 8:04 p.m., upon returning to open session, Chairman Edwards called for the Community Development report. _ R. Bryan David, County Planner, stated Paul Tischler is present to 8 -_ soeK 15:~~~:~558 ,. provide a report on the cash. proffer study which was distributed under separate cover to the Board. Paul Tischler, Tischler & Associates, stated the repo Tischler stated in ' the assumptions utilized in the proffer methodology. Mr. the State of Virginia impact fees are not allowed, although proffers are authorized. Mr. Tischler stated the distinction is that proffers are obtained at the time of rezoning, while impact fees are obtained at the time of building permits. Mr. Tischler stated the activities evaluated in the report are: public schools, recreational facilities, County buildings, rescue squads and fire departments. Mr. Tischler stated the maximum amount the County can justify charging for single family units is $6,900 of which $5,800 is for public schools per housing unit, $529 for recreational facilities, $358 for County buildings, $35 for rescue squads and $163 for fire departments. Mr. Tischler stated the two categories for non resideuaiTe fe is ofefloor a ea the and fire departments and based on 1,000 sq maximum amount the County can charge is approximately $350 to $390. Mr. Tischler stated although these are the maximum supportable cash proffers the County can elect to implement as much as it wants from $0 up to the maximum amount that is justified. Mr. Tischler stated the County can also select some fees and not others for proffers, but if the County discounts enough off the total amount for some. of these fees they will be so low that it may not be worthwhile to have a proffer. Mr.`T~i h musttbe the County must place these dollars in a separate account used for expanding capital facilities and the County must be able to trace where the money is being utilized to expand facilities to serve new developments. Mr. Tischler stated if the County wanted to discount a significant amount, the County may wish to consider including some categories and not others. Mr. Tischler stated another approach is to phase in the amounts and the County also has the option of selecting the effective date. Supervisor Spady pointed out that the Federal Government provided the Nike Park buildings to the County and the development located there was also a grant from the Federal Government. Mr. Tischler stated the approach used here is to look at the current level of services provided and if that level of services is maintained, how much will this cost the County. Mr. Tischler stated for the Nike Park area there is a figure of $1.5 million of the total amount utilized for parks. Mr. David presented the following for the Board's consideration: A. Application of Beverly L. and Robert P. Parsons for a Conditional Use Permit to locate a mobile home for Daisy Parsons on 1.594 acres of land located at 2322 Deer Path Trail (Route 600), Windsor, in the Windsor Magisterial District Mr. David stated no one appeared in opposition to the application and the Planning Commission voted unanimously to recommend approval of the application to the Board subject to the condition that the mobile home 9 .: 80"~ 15 ~er:~559 is to be solely for the occupancy of Daisy Parsons. .Robert Parsons appeared in favor of the application. Supervisor Spady moved the Board approve the application as recommended by the. Planning Commission. The motion was unanimously (5-0) adopted. ' B. Application of the Isle of Wight County Beautification Committee for a Conditional Use Permit to locate a public information sign eleven (11) feet from the right-of-way of Old Stage Highway (Route 10) between Track Lane (Route 624) and Wells-King Lane in Hardy Magisterial District Mr. David stated the purpose of the application is to allow a "Welcome to Isle of Wight County sign on the Rushmere Volunteer Fire De artment site. Mr. David stated the Conditional Use Permit is requested P because the sign does not meet the setbacks and will be located eleven feet off of the right of way. Mr. David stated no one appeared in opposition. to the application and after discussing the proposed location and other previously approved signs, the Planning Commission voted unanimously to recommend approval of the application to the Board. u Lynn P. Harris, Acting Economic Development Director, appeared in support of the application. Ms. Harris stated the proposed sign is the same type of sign as the other two signs that are .located at the James River Bridge and the Carrsville Volunteer Fire Department. Ms. Harris stated she would work with the Rushmere Volunteer Fire. Department to ensure that there will not be a visibility problem at the station. Supervisor Bradshaw suggested the Board invite Ms. Harris to attend future Board meetings to provide an update to the Board on ongoing issues in the Economic Development Department.. Supervisor Spady moved the Board approve the application. The motion was unanimously (5-0) adopted. C. Preliminary subdivision .plat of Quail Meadows, Cedar Grove Road (Route 661), in the Newport Magisterial District 1 Mr. David stated the preliminary plat represents athirty-five lot subdivision to be served by a looped road with two entrances onto Cedar Grove Road that will be conducted to VDOT's standards-and eventually included in the Secondary Road System. Mr. David stated the lots, range from 1.5 to 2 acres in size and will be served by a community water system approved by the Director of Public Utilities and the Virginia Department of Health. Mr. David stated sewage disposal is by means of individual on-site septic systems as approved by the Health Department. Mr. David stated the Board previously rezoned the .property in 1986 and the Board of Zoning Appeals granted variances for certain lots in 1988. Mr. David stated 10 . eo~K 15 r~~r560 development plans for the subdivision were submitted to the Community Development Department in April of 1990 and comments from various 1990 and, to date, agencies were sent to the developer's engineer on July 30, the revised development plans ha for further review uMr 1David stated Community Development Department a preliminary subdivision plat t of 1990 alndan accordance with the Development Department m Augus County's Subdivision Ordinance this plat was considered and recommended for approval by the Planning Commission on September 11, 1990. Mr. David stated to date a preliminary and final subdivision plat has not been considered by the Board nor has there been anoy 19901 Mr.1David stated further staff reviews of the plat since September the County Subdivision Ordinance provides that if a final plat is not approved by the Board within six months of preliminary plat approval the preliminary plat approval is void. Mr. David stated because more than three years has passed, the preliminary plat must be resubmitted but since that time the County has adopted several ordinances. Mr. David stated the Planning Commission considered .the application and discussed the previous action- taken by the Planning Commission on the preliminary plat and the requirements of the County's Chesapeake Bay Preservation Area Ordinance relative to the proposed lots. Mr. David stated the County Attorney advised. the Planning .Commission that it is the Board's responsibila.ty to determine if the lots are to meet full compliance or comply to the greatest extend possible with regards to the Chesapeake Bay Preservation Area Ordinance. Mr. David stated the Planning Commission. further discussed the statements of the developer at the meeting concerning the source of water to serve the subdivision and the related problems in securing the water. Mr. David stated the Planning Commission voted unanimously. to recommend approval of the preliminary plat to the Board subject. to the plat being revised according to staff s comments. W: B. Owen of Carrollton stated the full set of development plans was submitted prior to the adoption of the Chesapeake Bay Preservation Area Ordinance and he feels that the expense incurred through that entitles his family to limited vesting. County Attorney Crook stated staff is recommending compliance with the Chesapeake Bay Preservation Act Ordinance, depicting the resource protection area and buffer area, 100% reserve septic system and drainfield. Mr. Crook stated the Planning Commission discussed vesting and limited vesting and he advised them to send the preliminary plat on subject to staff's recommendations and let the Board decide on the vesting because the courts have held that it is not an administrative decision. County Attorney .Crook stated this is a case where the plat was submitted to the Planning Commission who approved it. Mr. Crook further stated the County Planner at that time told Mr. Owen and the Planning Commission that he was ahead of the Chesapeake Bay Preservation Act and would. not have to comply with those regulations. Mr. Crook. stated he felt like the Planner anticipated that the #inal plat would be within the time frame. Mr. Crook stated Mr. Owens also went before the Board of Zoning Appeals and received .variances for the lots including doing everything 11 . •. BOCK ~S~~A&f~U1 necessary except bringing the final plat in for recordation. Mr. Crook stated in other cases where approval was given to a preliminary or a plat and it was not recorded within the time frame, when they came back to request new approval because it was not recorded within the time frame, the Board has allowed the development to proceed based upon the ordinance as it existed at the time of the preliminary approval. Mr. Crook stated if a citizen does not have final. plat approval, those changes can be made to apply to everything. Mr. Owen stated it was his understanding at the time that if a substantial commitment was made to develop and, specifically if an engineered set of development plans was submitted, then that would be the criteria of commitment to develop which would qualify him for limited vesting. Supervisor Bradby moved the Board approve the plat and that Sonny Owen be directed to comply .with the Chesapeake Bay Preservation Area Ordinance to the greatest extent possible. The motion was unanimously (5- 0) adopted. Mr. David stated the Chesapeake Bay Preservation Area Ordinance supplement to the .County's Comprehensive Plan was distributed under separate cover at the Board's October 1993 meeting. Mr. David stated at that meeting the Board moved to table the matter until January of 1994 and it is now appropriate for the Board to schedule a public hearing for the January 1994 meeting. Supervisor Cofer moved the Board set a public hearing on the matter for the Board's January 20,1994 meeting. The motion was unanimously (5- 0) adopted. // Chairman Edwards called for the County Attorney's report. County Attorney Crook stated regarding the. Chuckatuck Fire Department, he received a letter from the Commissioner of the Revenue identifying eight members of the Department who are residents of the County. Mr. Crook stated Mr. Gwaltney also sent him a copy of the map illustrating the area that the. Department has responsibility for in the County. Mr. Crook stated this is not just a matter where a County resident works in a fire department outside the County, but that the fire department also has a responsibility. for a particular area of the County. Mr. Crook stated the County's ordinance provides that the fire department member. . must reside in the County and the fire department .where he/she works must be located in the County. He stated, State law would allow the County to exempt any fire department member without requiring the fire department be within the County, but the Board will need. to direct him to amend the Ordinance if they choose to expand the exemption to County residents who are members of fire departments r-ot in the County. 12 .~ eoeK 15 r~c~562 Chairman Edwards suggested rewording the ordinance to state that a citizen who lives in the County and works for a fire department that serves. a part of the County on a primary run basis will qualify for a personal property exemption. Supervisor Bradshaw suggested the County Attorney write Suffolk to 'request they waive their taxes in like situations. Supervisor Spady moved the Board request the County Attorney to prepare an amendment to the County's ordinance for those members that live in the County and work for a fire department that serves a portion of the County on a primary basis. The motion .was unanimously (5-0) adopted. County Attorney Crook stated regarding the earlier request of Mr. Kaminski concerning a tax exemption for disabled persons the statute provides that the locality can adopt an ordinance to grant an exemption for a veteran who has either lost the use of one or both legs, or an arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of Veterans Affairs. Mr. Crook stated he is not sure if Mr. Kaminski will qualify under, the State statute but whether he does or not, the Board should consider granting the exemption for disabled veterans as far as they can under the statute. Supervisor. Cofer moved the Board advertise the ordinance for a public hearing at the Board's January 20, 1994 meeting. County Attorney Crook distributed a copy of an ordinance to allow payment of local taxes by credit card which he requested the Board's authorization to advertise for public hearing. Supervisor Spady moved the Board advertise the ordinance for public hearing at the Board's January 20, 1994 meeting. The motion was unanimously (5-0). County Attorney Crook distributed a copy of an ordinance to amend an ordinance to provide for the semi-annual collection of real estate taxes which he would request the Board's authorization to advertise for public hearing. Mr. Crook stated the County has an ordinance for the semi-annual collection of real estate taxes which the Board adopted in 1976 and amended in 1982, but the statute has been changed and the ordinance needs to be .amended because it provided for 8% interest and a $2 minimum penalty and now State statute provides fora $10 minimum penalty and 10% interest. Mr. Crook stated this ordinance should be amended to be in compliance with the State statute. Supervisor Cofer moved the Board advertise the ordinance for the Board's February 17, 1994 meeting. The motion was unanimously (5-0) adopted. County Attorney Crook distributed a copy of an ordinance to provide for semi-annual payment of personal property tax which he requested the 13 .: 1 1 i ' eo~K 15.:~~:~563 . Board's authorization to advertise for public hearing. , Supervisor Bradshaw stated the County has already prepared the budget and .the County does not need to collect payment of personal property taxes twice a year. Supervisor Bradshaw stated when he came on the Board the County needed the money and so the County had a windfall, but now the. County does not need additional revenues. ' Supervisor Spady moved the Board authorize the County Attorney to advertise the ordinance for public hearing at the Board's February 17,1994 meeting. The motion passed (4-1) with all members voting in favor of the motion except.Supervisor Bradshaw who voted against the motion. .County Attorney Crook distributed an ordinance to allow deferral of real estate taxes which he requested the Board's authorization to advertise for public hearing. Mr. Crook stated the Board at their last meeting requested him to prepare an ordinance for deferral of taxes for individuals experiencing financial difficulties which allows a lower interest rate without .penalty for taxes deferred. Supervisor Bradshaw moved the Board authorize the County Attorney to advertise the ordinance for the Board's February 17, 1994 meeting. The motion passed (4-1) with all members voting in .favor of the motion except Supervisor Spady who voted against the motion. ` County Attorney Crook stated regarding the MGI. agreement for consultants to analyze and prepare an RFP for data processing, he received a contract from MGI which he sent back with recommended changes.. Mr. Crook .stated MGI has now drafted anew contract .pursuant to his. recommended changes, which calls for $7,500 for the first phase and after that on an hourly basis of $75 to $100. Mr. Crook further stated although the contract is not in final form he did want to update the Board on the negotiations with MGI. County Attorney Crook stated the County Administrator has received ~ a request from Springdale Housing Corporation seeking #ax exempt status I as anon-profit organization which requires approval by the State legislature , who look for County approval before they add them to the list of non-profit organizations that are tax exempt from local taxation. Mr. Crook stated Springdale Housing is a North Carolina non-profit corporation established to procure a grant under section 202 of the Federal Housing Act of 1959 for the construction and ownership of a 40 unit multi-family housing complex for the elderly and/ or handicapped which also holds an option to purchase five acres located. off Route 58 outside of Franklin in the. County in -the vicinity of the Airway Shopping Center. Supervisor Spady requested the County Attorney to compare with other housing projects and bring the matter back to the Board for further consideration. County Administrator Standish stated Springdale Housing Corporation has applied for Federal funds from the Department of Housing 14 i ,~ and .Urban Development which requires that they ask traditionally the. establish a tax exempt status for them. Mr. Standish stated Y Board has declined to approve such requests; however, he does not believe this action affects their grant application or the project, but they must ask for the tax exemption because of the HUD requirements. County Attorney Crook stated that he had, at the Board's direction, prepared a written street light policy which he presented to the Board for their consideration in July 1993. At that time, the Board directed that he prepare an amendment to the Subdivision Ordinance to require developers to install street lights in new subdivisions and the Board tabled thdman e of street lights for existing subdivisions until the .Subdivision Or amendment could go through the requi~he SubdivisionrOrdinance had Attorney .Crook stated the amendment to now been through the required public hearings of both the Planning Commission and the Board of Supervisors and had been recommended to the Board tabled action the Board by the Planning Commission. However, on the amendment at its last meeting so that the amendment and the policy could be considered together at this meeting. Supervisor Spady moved the Board table the p oard'sa anuahe Subdivision Ordinance amendment on street lights to the B J rY 20,1994 meeting and that both be listed under Old Business on the agenda. The motion was unanimously (5-0) adopted. .County Attorney Crook stated he had one additional item for discussion by the Board which he would request an executive session for later on in the meeting. // Chairman Edwards called for the County Administrator's report. M. Christine Ledford, Budget & Finance Director, stated in December of 1987 the Virginia Public School Authority (VPSA) issued $1,305,000 for general obligation school bonds which were sold by the VPSA. Ms. Ledford stated the VPSA includes the County's obligation by issuing bonds in a pool for various localities at the same time and in December of 1991 the VPSA refunded a portion of the bonds although they did not notify the localities that they did this. Ms. Ledford stated this resulted in a lower interest rate creating a savings and the General Assembly took the savings in the amount of approximately $3,000,000 with the intention of returning it to the localities. Ms. Ledford stated in June. of 1993 another refunding was accomplished which resulted in a savings which allowed VPSA to return the savings back to the localities of that refunding in addition to offering the 1991 refunding which should have been received by the localities in 1991 or 1992. Ms. Ledford stated the VPSA wants. the County to agree to a refunding of the 1987 bonds and the issuance of the new b is 735ndMs. savings received will be a one time up front amount of $ , Ledford stated the .only disadvantage of refunding the bonds is that the new bonds will be non-callable which means they cannot. be refinanced and the payments must be made as they are due. 15 f: eo~K 15:~,;~565 Supervisor Cofer moved the Board adopt the following resolution: , 1 1 C RESOLUTION AUTHORIZING THE ISSUANCE OF $850,000 GENERAL OBLIGATION SCHOOL BOND, REFUNDING SERIES 1994 A OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, TO BE ISSUED IN EXCHANGE FOR AN AGGREGATE LIKE PRINCIPAL AMOUNT OF CERTAIN OUTSTANDING BONDS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, HELD, AND A LUMP SUM CASH PAYMENT TO BE MADE, BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY, AND SETTING FORTH THE FORM AND. DETAILS OF SUCH REFUNDING BOND WHEREAS, the Board of Supervisors (the "Board") of the County of Isle of Wight, Virginia (the "County") has received a written offer dated October 29,1993 from the Virginia Public School Authority {the. "Authority") to exchange certain outstanding general obligation school bonds of the County held by the Authority for (i) an aggregate like principal amount of non-callable` bonds of the same tenor and (ii) a lump sum cash payment, and the Board has determined to accept such .offer and to issue its general obligation school refunding bond in exchange for an aggregate like principal amount of certain outstanding bonds of the County held, and a lump sum payment to be made, by the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. Authorization of the Refunding Bond. The Board .hereby determines that it is advisable to issue its refunding bond in the amount of $850,000 (the "Refunding Bond") for the purpose of refunding an aggregate like principal amount of outstanding general obligation school bonds of the County the principle terms of which are set forth in Exhibit A (the "Refunded Bonds"). The issuance of the Refunding Bond in exchange for the Refunded Bonds and a lump sum. cash payment upon` the .terms established pursuant to this Resolution is hereby authorized. 2. Details of the Bonds. The Refunding Bond shall .have ..the principle provisions set forth in, and shall be issued as a single, typewritten bond substantially in the form attached hereto as, Exhibit C, On twenty (20) days written notice from the Authority, the County shall deliver, at its expense, the Refunding Bond in marketable .form in denominations of $5,000 and whole .multiples thereof, as requested by the Authority, in exchange for the typewritten Refunding Bond.. 3. Payment; Pa,~rin~ Agent and Bond Registrar. The following provisions shall apply to the Refunding Bond: (a) For as long as the Authority is the registered owner of the Refunding Bond, all payments of principal of, premium, if any, and.interest on the Refunding Bond shall be made in immediately available funds to the 16 i `BOCK 15 %'A,;~~UU Authority at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, if applicable, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, if applicable. (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Refunding Bond. (c) Crestar .Bank, Richmond,. Virginia, is designated as Bond Registrar and Paying Agent for the Refunding Bond. 4. Execution of the .Bonds. The Chairman or Vice-Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Refunding Bond in the principal amount of $850,000 and to affix the seal of the County thereto. 5. Pledge of Full Faith and Credit. For the prompt payment of the principal of and interest on the Refunding Bond authorized by this Resolution as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and each year while the Refunding Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide. for the payment of the principal of and the interest on the Refunding Bond as such principal and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 6. Tax Covenant. The County covenants to take all action, and to refrain from taking any action, necessary under the Internal Revenue Code of 1986, as amended, to ensure that interest on the Refunding Bond will remain excludable from gross income for Federal income tax purposes to the same extent as it is excludable on the date of issue thereof. 7. Certificate. The appropriate officers and agents of the County are hereby authorized and directed to execute and deliver the Certificate substantially in the form attached. hereto as Exhibit D, including the Form 8038-G appended thereto. 8. Exchange of the Bonds. It is determined to be in the best interests of the County to issue the Refunding Bond to the Authority in exchange for the Refunded Bonds and the lump sum cash payment set forth in Exhibit B. The appropriate officers of the County are hereby authorized and directed to exchange the Refunding Bond with the Authority for the Refunded Bonds and the lump sum cash payment. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the expenditure of the .lump sum cash payment. I1 1 17 ~- - ' soar 15:~;:~~67 9. Certification and Filing. The Clerk of the .Board is hereby authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County. 10. Further Actions. Each Supervisor and all other officers, employees and agents of the County are authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and exchange of the Refunding Bond. for the Refunded Bonds and the lump sum cash payment and to accept and comply with the terms of the offer of the Authority, 11. Effective Date. This Resolution shall take effect. immediately. INSERT EXHIBITS A LTWO PAGES) AND B i~ The motion was unanimously (5-0) adopted. Supervisor Bradby moved the Board adopt the following resolution:. RESOLUTION TO APPROPRIATE FOUR THOUSAND EIGHT HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE COUNTY ATTORNEY'S OPERATING EXPENSE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for the County Attorney's operating expense; and, WHEREAS, the funds in the amount of four thousand eight hundred dollars ($4,800) need to be appropriated from the unappropriated. fund I balance to the County Attorney's operating expense 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 thousand eight hundred dollars ($4,800) from the unappropriated fund balance be appropriated to the County Attorney's operating expense 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 passed (4-0) with Chairman Edwards abstaining. from . discussing and voting on the matter. Supervisor Cofer. moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS FROM THE 1993 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND. 18 i ' ~ 15 -~r:5~~ ao~K WHEREAS, the Board of Supervisors of the County ofdIsle of Wight, Virginia has approved the school construction program; an , WHEREAS, the funds in .the amount of two million dollars ($2,000,000) need to be appropriated from the 1993 school bond issue roceeds to the school construction fund. in the 1993-94 budget of the County of Isle of Wight. 1 ' NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two million dollars ($2,000,000). from the 1993 school bond issue proceeds be appropriated to the school construction fund in the 1993-94 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the Cou {o ~ ke theta t~ropr' ate County of Isle of Wight, Virginia is authorized Pp 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 AUTHORIZE THE DEVELOPMENT AND RO RIA ON OF A GRANT APPL OLLA OR OTMUCH AS SHALL E RECEIVED FIVE THOUSAND D FROM THE VIRGINIA DEPARCTIVE ENFORCOEMENT HICLES FOR ONGOING SELE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the development, submission and receipt of a grant from .the Virginia Department of Motor Vehicles for ongoing selective enforcement; and, WHEREAS, the funds in the amount of five thousand dollars ($5,000) or so much as shall be received from the. Virginia Department of Motor Vehicles need to be appropriated to the selective enforcement grant 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 five thousand dollars ($5,000) or so much as shall be received from the Virginia Department of Motor Vehicles be appropriated to the selective enforcement grant 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 khis resolution effect. The motion was unanimously (5-0) adopted. 19 ao~K ~5:::~:569 County Administrator Standish stated the issue in the Board's agenda, relative to the bids on the County's communications system improvements, were due yesterday and the blanks were to be filled in prior to the meeting; however, one of the vendors did not receive the bid .package and an addendum was issued to extend the deadline for two weeks. Mr. Standish stated he would include the matter in the Board's January 20, 1994 agenda for action. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THIRTY THOUSAND ONE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR COUNTY REASSESSMENT WHEREAS, .the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for the reassessment operating costs; and, WHEREAS, the funds in the amount of thirty thousand one hundred dollars ($30,100) need to be appropriated from the unappropriated fund balance to the reassessment line items 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 thousand one hundred dollars ($30,100) from the unappropriated fund balance be appropriated to the reassessment line items 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 he would invite the Reassessment Board and Pearson's Appraisal Service to the Board's January Z0, 1994 meeting to provide a status report. Supervisor Bradby moved the Board adopt the following resolution: 1 RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY SEVEN THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS FROM THE. COMMONWEALTH OF VIRGINIA, COMPENSATION BOARD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received additional funds from the Commonwealth of Virginia, Compensation Board, for salary increases for constitutional officers and their employees; and, 20 eo~~~ 15.~r~570 WHEREAS, the funds in the amount of twenty seven thousand one hundred seventy five dollars ($27,175) from the Commonwealth of Virginia, Compensation Board, and five thousand five hundred ninety five dollars ($5,595) from the unappropriated fund balance need to be appropriated to the respective constitutional office salary 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 twenty seven thousand one hundred seventy five dollars .($27,175) to be received from the Commonwealth of Virginia, Compensation Board and five thousand five hundred ninety five dollars ($5,595) from the unappropriated fund balance be appropriated to the Clerk of Circuit Court salary line item ($4,565), .Commissioner of the Revenue salary line item ($4,786), Commonwealth Attorney salary line item ($2,157), Treasurer salary line item .($4,035) and Sheriff salary line item ($17,227) 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 the grant and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted.. Supervisor Spady requested the County Administrator to provide a breakdown by offices on future items such as this. Supervisor -Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE -ONE THOUSAND SIXTY SEVEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, COMPENSATION BOARD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received additional funds from the Commonwealth of Virginia, Compensation Board, for the attendance of the Clerk of Circuit Court and the Commonwealth .Attorney at Local Elected Constitutional Officers conference; and, WHEREAS, the funds in the amount of one thousand sixty seven dollars ($1,067) from the Commonwealth of Virginia, Compensation Board, need to be appropriated to the respective Clerk of Circuit Court and Commonwealth Attorney travel and training 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 one thousand sixty seven dollars ($1,067) to be received from the Commonwealth of Virginia, Compensation Board, be appropriated to the respective Clerk of Circuit Court-and Commonwealth Attorney travel and 1 1 21 604K 15:~t:~571 training line item in the 1993-94 budget of the County of Isle of Wight. 1 BE IT FURTHER RESOLVED .that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for the 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 EIGHT HUNDRED SEVEN'hEEN.DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, STATE BOARD OF ELECTIONS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received additional funds from the Commonwealth of Virginia, State Board of Elections, for a salary increase for the County's Registrar; and, WHEREAS, the funds in the amount of eight. hundred seventeen dollars ($817) from the Commonwealth of Virginia, State Board of Elections, need to be appropriated to the Registrar's salary line. item in the 1993-94 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 eight. hundred seventeen dollars {$817) to be received. from the Commonwealth of Virginia, State Board of Elections, be appropriated to the line item for the Registrar 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 the 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 APPROPRIATE FIFTEEN THOUSAND AND. FOURTEEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR PROPERTY .ACQUISITION 1 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the acquisition of property; and, WHEREAS, the~funds in the amount of Fifteen thousand and fourteen dollars ($15,014) .need to be appropriated from the unappropriated fund balance to the Property Acquisition line item in the 1993-94 budget of the County of Isle of Wight. 22 aotK 15:~j~~57? NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. by the Board of Supervisors of the County of Isle of Wight, Virginia that fifteen thousand and fourteen dollars ($15,014) from .the unappropriated fund balance be appropriated to the Property Acquisition 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 r 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 SEVEN HUNDRED FIFTY TWO THOUSAND TWO HUNDRED SEVENTY TWO DOLLARS FROM THE. 1990 BOND ISSUE PROCEEDS FOR THE COUNTY LANDFILL CLOSURE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the closure of the County landfill; and, WHEREAS, the funds in the amount of seven. hundred. fifty two thousand two hundred seventy two dollars ($752,272) .need to be appropriated from the 1990 Bond Issue Proceeds to the Landfill Closure 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 hundred fifty two thousand two hundred seventy .two dollars ($752,272) from. the 1990 Bond Issue Proceeds be appropriated to line item 14-09-094- 9419E-7016A Landfill Closure 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 through an oversight the Forestry Department failed to request a $1,200 local contribution of which the total amount will be consistent with last year's appropriation. Supervisor Spady moved the Board approve a transfer of $1,200 from the contingency .account. The motion was unanimously (5-0) adopted. County Administrator Standish stated Prince George County has suggested that those counties which may be threatened by annexation by adjacent cities join together during the upcoming session. of the General 23 T'. r so~~ 15~.~~~=573 Assembly to work through common goals and objectives.: 1 Supervisor. Spady moved the Board direct the'County Administrator to communicate with Prince George County and other .localities as may be appropriate to encourage action by the General Assembly. The motion was unanimously (5-0) adopted. County Administrator Standish stated a proposed FY1994-95 budget. calendar is included in the Board's agenda for their information. Supervisor Cofer pointed out included in the proposed budget calendar is a Board work session at their regular March 1994 meeting. County Administrator Standish noted the delinquent tax attorney has collected $4,738.14 through the month of .November 1993 at a -cost of $3,027.08 which represents 64% of the amount collected. Supervisor Spady stated 64% is not an acceptable amount and he assumes that the expense for the eight cases continued in General District Court is reflected in what he has collected and when he collects from those eight cases the percentage will look better. County Attorney Crook- stated the County incurs a higher cost in litigation while it is going on. County Attorney. Crook pointed out to the Board that the delinquent tax attorney had six judgements which were brought to a conclusion although this does not mean that he collected these judgements.. County Administrator Standish stated at a prior meeting Jones Creek was mentioned as a possible dredging project and he has since met with the Army Corps who suggested two possible alternatives. Mr. Standish stated the Corps suggested that the County request that Jones. Creek become a federal navigation project which requires action from the Board authorizing him to submit the application, Supervisor Spady moved the Board authorize the .County Administrator to submit an application making Jones Creek a federal navigation project. The motion was unanimously (4-0) adopted. Supervisor Bradby asked the County Administrator if the County would be required to purchase a permit for the Corps to perform the dredging. ~~ f1 County Administrator Standish stated- the County.. would be subject to the cost of the permits. County. Administrator Standish stated he recently received a memorandum from the Clerk of the Circuit Court who advised that his office has been awarded a grant to install an alarm system in his vaults. Mr. Standish stated he would work with Mr. Laine during the grant process and return to the Board with an appropriations resolution. 24 eoe~ 15..;.574 ,. County Administrator Standis s Personnel Poldinconforms h t e holiday schedule generally the County' cY State's holiday schedule ~Nhich is approximately twelve holidays a year. Mr. Standish stated the Governor has granted State employees an extra day prior to New Year's Day which will be Thursday, December 30, 1993. Supervisor Cofer stated if the Board grants the extra day, then there is a cost factor involved in that the employees that have to work on Thursday will get double time/holiday pay. County Administrator Standish stated the gross daily payroll for County employees, excluding schools but including Social Services and Parks & Recreation, is $12,600 a day.. Supervisor Bradby moved the Board designate December 30, 1993 as a holiday for County employees. The motion was unanimously (5-0) adopted. Supervisor Bradshaw requested that the trash truck drivers be paid time and a half rather ..than. receive compensation time if they have to work when the other County employees are off. .County Administrator Standish noted. Chamber Legislative Day is on January 5, 1994 and he would .coordinate registration for the Board if they so desired. Supervisor Cofer stated two thirds of the County Administrator's report are housekeeping items and .suggested the Board have a consent agenda as part of the Board's regular agenda. Supervisor Cofer asked the County Attorney if the Board needed to develop a policy in order to accomplish this. County Attorney- Crook advised consent agendas are good for housekeeping items but resolutions to appropriate funds should be voted on separately. County Attorney Crook stated. he should have brought this up earlier in his section, but failed to, and the County Administrator requested him earlier to report to the Board on the draft agreement with SPSA for the collection of solid waste collection/disposal services. Mr: Crook stated he has reviewed the agreement and with the exception of one minor item which he can talk to the draftsman about he would recommend the agreement to the Board. Mr. Crook stated the agreement. is for the collection of solid waste and public schools located within the County and those sites within the County designated by the County. Mr. Crook stated with respect to each disposal site, the County shall possess or require title to the site for the right to its use and SPSA shall not have or require title to any disposal sites. Mr. Crook stated SPSA shall submit to the County for approval specifications and design of the equipment and improvements to be located on the site and once it is approved by the County SP5A will build the improvements. Mr. Crook stated if the County should reject the proposed terms and conditions as to any disposal. facility, then the County 25 ' ao~K 15:~~:~~75 i~ LJ M will reimburse SPSA within sixty days for the cost and expenses incurred by SPSA. Mr. Crook stated the County. shall be solely responsible for the ongoing maintenance and repair of each disposal facility and site and SPSA. shall not be required to provide collection services on Sundays or holidays. Mr. Crook stated the agreement would terminate on June 30,1999 and may be renewed for subsequent renewal terms of five years. each by mutual agreement. Mr. Crook stated compensation will be on unit cost, there will be a monthly. capital fee and a monthly charge, in addition to the monthly. tipping fees as established by SPSA .for the use and operation of its solid waste disposal system and as revised from time to time to be paid by the County in accordance with the agreement the County has with SPSA dated January 5, 1984. Mr. Crook stated the unit cost will be the actual operating cost for SPSA in providing the service including but not limited. to mobile equipment cost, personnel cost and disposal fees. Mr. Crook stated the unit cost shall be $b0 for each service during the period ending June 30, 1995. During each subsequent twelve month period during the initial term of this agreement ending June 30, 1999, the unit cost shall be adjusted based upon changes in the consumer price index. Mr. Crook stated the unit cost described shall be increased annually beginning July 1, 1995 and on each subsequent anniversary of that date. Mr. Crook stated the monthly capital fee shall be calculated with respect to each disposal site and according to the principal and interest payable and for the terms. set forth in that .financing proposal.. Mr. Crook stated the monthly charge for each roll-off or similar containers shall be prorated monthly via the prorated monthly. cost to SPSA for the purchase and replacement of that equipment. Mr. Crook stated the agreement may be terminated at .any time by mutual consent of the parties. Supervisor Bradshaw stated the cost to the County will be $60 per load, but a survey was performed last year and he is confident the County can do this for less than half the cost of utilizing SPSA. County Administrator Standish stated SPSA's-cost was approximately twenty to forty dollars less than the private sector quotes. Supervisor Cofer pointed out that if the County does not contract with SPSA, the cost will not change because the County has already decided. based on the budget that it will move in this direction so then the capital expenditures become that of the County.. Supervisor Cofer stated if the County does not utilize SPSA, the employees become the. financial responsibility. of the County, along with their fringe benefits and the replacement of trucks. Supervisor Spady moved the Board authorize the Chairman and Clerk of the Board to sign the agreement. The motion passed (4-1) with all . members voting in favor of the motion except Supervisor Bradshaw who. voted against the motion. // Chairman Edwards .called for Old Business. .Ba~~ 15 :~~~:~ 5 ~s Supervisor Spady moved the Board adopt the following resolution and that a letter be sent stating the County cannot participate financially due to budget restraints: RESOLUTION ENDORSING THE PROPOSED PORTSMOUTH. ' LOCATION FOR VIRGINIA'S HORSE RACING TRACK WHEREAS, the City of Portsmouth has proposed a location within r ' their jurisdiction for Virginia's. horse racing track; and, WHEREAS, the City of Portsmouth has requested the other .jurisdictions of the Hampton Roads area to support the Portsmouth location for such a facility; and, WHEREAS, the location of Virginia's horse racing track in Hampton Roads, and particularly in the City of Portsmouth, would generate important economic benefit to the localities within the region. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that it does endorse the Portsmouth location for Virginia's horse racing track, and does encourage the Virginia Racing Commission to favorably consider and approve the Portsmouth proposal. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that a copy of this resolution be forwarded to the Virginia Racing Commission, the County's legislative delegation, and to the City of Portsmouth. The motion was unanimously (5-0) adopted. Chairman Edwards requested the status of the Public Works truck purchase. Supervisor Spady stated the Board requested him to look into the purchase of a Public Works truck with the Director of Public Works. Supervisor Spady stated the State bid fora 1/2 ton pickup truck with an eight foot body and V-8 engine is approximately $11,800. Supervisor Spady stated he spoke with various lawn care individuals who recommended a 1 / 2 ton V-8 pickup truck. Supervisor Spady moved the Board proceed with a State bid at the local level if the County can obtain the same amount. The motion was unanimously (5-0) adopted. Chairman Edwards. stated the County`s Office on Youth Services has been asked to significantly reduce their budget and there is a distinct possibility that in :the future the County may see the State asking the County to fund the department entirely. Chairman Edwards moved the Board direct the County Administrator to contact the County's legislators to indicate that it is not appropriate for 27 ~~ ... eo~~ 15 j.~~:~577 the County to fund the Youth Services Department.. The motion was , unanimously (5-0) adopted. 1 Chairman Edwards stated regarding the vote on the executive session matter at the Board's November 18,1993 meeting, he does certify that while he was in executive session only. those matters that were referred to in the motion were discussed in executive session and he votes in favor of the resolution to that effect as required by the Freedom of Information-Act since he was not present when the vote was taken. // Chairman Edwards called for New Business. Supervisor Bradshaw urged the Board to review the annexation agreement with Franklin. // 1 Chairman Edwards called for. Appointments. Chairman Edwards moved the Board appoint Jennifer Kemp for a one-year term on the Youth Services Advisory Board, replacing .Tommy Queen. The motion was unanimously (5-0) adopted. // Chairman Edwards called for approval of the November 18, 1993 minutes of the Board. Upon recommendation of County Attorney Crook, Supervisor Spady moved the Board adopt the November 18, 1993 minutes. The motion was unanimously (5-0) adopted. C // County Attorney Crook requested an executive session under Section 2.1-344 Al of the Freedom of Information Act to discuss a personnel matter and under Section 2.1-344 A7 of the Act for advice. of counsel on possible litigation. At 9:50 p.m., Supervisor Cofer moved the Board enter executive session for the reasons stated by the County Attorney. The motion was unanimously (5-0) adopted. Upon returning to open session at 10:46 p.m., Supervisor Spady moved the Board adopt. the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an .executive 28 eooK 15:M,:~578 meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, Wf iEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in •conformity .with Virginia law; ' NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. County Attorney Crook stated the Board has authorized him to relay to Mrs. Horn their regrets over what happened to her cat t nordinance. Board does not condone any violation of State law or Coun y Mr. Crook stated State law does require that a stray cat be kept five days in the pound before it can. be euthanized and the County's ordinance requires an even longer period of time. Mr. Crook stated the matter will be fully investigated and appropriate disciplinary action taken. Chairman Edwards moved the Board nominate Supervisors Cofer and Spady to serve as a committee to meet with the Smithfield Town Council to discuss potential annexation.. The motion was unanimously (5-0) adopted. Supervisor Bradshaw extended his best wishes and relayed to all the members of the Board his pleasure with having worked with them. Supervisor Bradshaw stated he is confident that the County will be in good hands with the remaining Board members. 1 1 29 ft eooK 15:~.:~57~ ~~ At 10:48 p.m., Supervisor Spady moved the' Board adjourn. The motion was unanimously (5-0) adopted. O. A. Spady, Cha' an G~rG'~---..' _ M Standish, Clerk t F 4 i i