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09-20-1994 Regular Meeting1 1 1 s~~K 1fiPA~E 45 REGULAR MEETING OF TI-iE ISLE OF WIGHT .COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Dr. J: R. Hager. 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 Spady called the meeting to order at 6:00 p.m. The invocation was delivered. by Supervisor Cofer. // Chairman Spady called for a recycling program. update. Donald T. Robertson, Assistant to the County Administrator, introduced Joe Thomas, Director of Recycling with the Southeastern Public Service Authority (SPSA). Mr. Thomas stated SPSA is an .independent Authority organized under the laws of the State of Virginia for the purpose of managing solid waste and water in six cities and two counties in the southeastern part of the State. Mr. Thomas stated SPSA is governed by a Board of Directors consisting of an elected official from each of the eight jurisdictions. `Mr. Thomas stated each community has an equal vote and although SPSA has the authority- to manage water, it presently only manages solid waste. Mr. Thomas stated SPSA presently handles 1,OOO,ODO tons of garbage each year with operations over 2,000 square miles and serves a population of 1,000,000 people.. Mr. Thomas stated SPSA receives no direct funding,. and revenue to operate the system is derived from disposal fees and the sale of fuel and other recycled materials. Mr. Thomas stated SPSA operates an extensive network of solid waste kransfer stations, a 310 acre regional landfill in bl £ ocessin 2 000 tons of ;~ Suffolk,. a refuse derived fuel. plant caps e o pr g , municipal solid waste daily, awaste-to-energy plant which supplies steam and electricity to the Navy, and seven household hazardous waste collection facilities. Mr. Thomas stated the recycling programs include curbside collection, drop-off sites, yard waste processing, metals and aluminum recovery from the RDF plant, appliances, used. ail and tire recycling. Mr. Thomas stated .the SPSA staff and Board feels that the most valuable resource is the regional landfill and, as a result, SPSA performed an analysis which shows that the increased cost of recycling more than offsets, the cost of disposing of the same material in a landfill of the future.., Mr. Thomas 1 9 f B40K ~ ~.U PAGE `i~t- .stated the economics of recycling vary greatly across the United States and the availability and attractiveness of markets for recycled materials have a tremendous impact on the cost effectiveness of recycling programs. Mr. Thomas stated markets are now extremely good for all materials being collected, .however, very few recycling programs pay for themselves with revenue from collectedmaterials alone.. Mr. Thomas stated yard waste is a problem in the urban areas and SP5A's most cost effective program is the yard waste mulching and composting project.. Mr. Thomas stated this program .requires. that leaves, brush and grass clippings be collected separately and delivered to the processing site located in Virginia Beach free of any other garbage. Mr. Thomas stated SPSA estimates that 20% of the waste generated in our area is yard waste and since almost half of the waste in the region goes to the waste-to-energy plant, yard waste represents 40% of what previously went to the landfill. Mr. Thomas stated after this material is .processed, an attempt over the last several years was made to sell. it and thus far SPSA has successfully marketed all of the compost and mulch they produced. Mr. Thomas stated the drop-off program is also popular and consists of approximately 40 locations. Mr. Thomas stated all sites are unmanned and the host community provides the site and SPSA the service. Mr. Thomas stated this program allows SPSA to called materials that they are unable to collect in the curbside program. Mr. Thomas stated the refuse derived fuel plant consists of two major recycling systems to~ improve the quality of the fuel, one of which is mechanical and removes all the metal, and the other system is low-tech, but effective, where SPSA hand picks the aluminum cans from the waste stream and sells them to Reynolds. Mr. Thomas stated both of these systems produce .net revenue to Sl'SA besides meeting the primary requirement of improving. fuel. quality. Mr. Th©mas stated the associated costs with doing these projects is more than offset by the revenue returned from the materials sold. Mr. Thomas stated SPSA` also operates a fire shredder in Suffolk where most of the tires are used for fuel in the power plant, although components of some of the truck tires are used in the manufacturing of other products. Mr. Thomas stated this program also operates at a profit and returns net revenue to the overall system. Mr. Thomas stated in-1993 SPSA processed approximately 450,000 car and truck tires. Mr. 'T'homas stated SPSA also receives a grant from the State to help dispose of tires that citizens find on their property and Tire Amnesty Days are conducted throughout -the area which are financed through the State grant. Mr. Thomas stated SPSA. also collects used oil and is considering expanding the program in the next few years because if collected more aggressively SPSA could use it in .the power plant, Mr. Thomas stated seven household hazardous waste collection centers are also operated which are open on a periodic basis. Mr. Thomas stated SPSA operates a network. of used appliance drop-off centers which produces net revenue to the system. Mr. Thomas stated the curbside program is the most visible, popular and expensive program SPSA operates. Mr. Thomas stated the program was expanded to 25,000 homes in FY1990-91 and has significant impact on the resources of SPSA. Mr. Thomas stated SPSA now serves 150,000 homes and intends to have approximately 300,000 homes in the program. Mr, Thomas stated the. County is currently participating at 44% which is slightly below the participation average for the system. Mr. Thomas stated it is his .goal to reduce-: SPSA's operating and capital costs and to receive more revenue from the sale of the recycled materials. Mr. 2 :~. 1 LJ 1 s~u~ ~fi ~a~~ ~7 Thomas stated SPSA is reviewing the possibility of every other week collection with the objective of filling the truck in a ten-hour day. fora four- day week period. Mr. Thomas stated SPSA. is also studying the possibility of co-mingling instead of sorting at the curbs. Mr. Thomas stated SPSA is also studying the possibility of offering a materials recovery facility where SPSA will take in and process the materials giving SPSA the opportunity to market these materials at a much better rate than SPSA is presently _getting from the contractor. Mr. Thomas stated SPSA is also considering. taking additional materials or changing the materials in the current system to be more complimentary to the programs offered by SPSA now. Mr. ` Thomas stated SPSA has encountered a demand for bagged compost and bagged mulch and included in the budget this year are funds for a pilot bagging operation to see if SPSA can increase its revenues on its yard waste products. Supervisor Bradshaw asked. Mr. Thomas what the County could do to increase its amount of recycling. Mr. Thomas stated the County can best help itself by getting the citizens that do receive curbside recycling to use their curbside recycling. Mr. Thomas further stated in a rural setting there is no reason why anyone should ever put any organic waste into their trash. Chairman Spady asked Mr. Thomas if SPSA would be putting a new recycling bin at the Jones Creek disposal site. Mr. Thomas stated the two sites already in existence have a capability to have a recycling bin included, however, what the County intends to collect at these sites has not been determined. s Supervisor Cofer noted Carrsville and Jones Creek are being r w considered for the next set of bins. Supervisor Bradshaw recommended that as ref use .sites are. developed that the County implement a marketing plan for recycling. County Administrator Standish stated as refuse sites are identified, the County can put out public information concerning recycling: Supervisor Bradshaw suggested that County and SPSA staff meet with the various civic organizations in the County as soon as refuse site locations are established. Supervisor Bradshaw further suggested Donald .Robertson continue working to implement a marketing program in the County. Donald Robertson stated there are several things the County has that will be used to educate the citizens of the County, specifically ..the youth. Mr. Robertson stated staff will attempt to make presentations in the schools and the various civic organizations to talk about recycling. Mr, Robertson stated the County also has handouts which will help educate the citizens of the County. Mr. Robertson stated it is important for the County to begin raising its recycling participation rate from its current 44% back up to the 48% participation rate of two years ago. Mr. Robertson stated the County 3 BQOK ~.~ PACf 4S needs. to address. potential sites and how the containers can best be .utilized and make .sure the containers are strategically placed `throughout the County, Supervisor Cofer noted that the region is exceeding the State recycling mandate by a considerable margin. // Chairman Spady called for Transportation Matters. Mac Neblett, Resident Engineer, Virginia Department of Transportation, introduced Jane Wimbush, District Planning Engineer, to the Board. Mr. Neblett- reported .the State has indicated a match of $249,000 for the FY199495 revenue sharing allocation. Mr. Neblett further stated of this $249,000, $50,000 will be placed on the Route 709 project, $100,000 on the Route 603 project and $99,000 on the Route 620. project. Mr. Neblett stated with the- FY1993-94 funds VDOT was able to completely finance the Route 704 bridge project in Rescue. Supervisor Bradshaw requested. Mr. Neblett to provide the Board with a periodic activity report on the Six-Year Plan. Mr. Neblett stated the right-of-way research has been completed on Raynor Road regarding the Hall estate property on Route 681. Mr. Neblett further stated VDOT is currently addressing the remaining 15 of 18 dirt roads with Courthouse research. Supervisor Bradshaw requested Mr. Neblett to provide the Board with a periodic report on VDOT acquired. right-of-ways so that staff may work with VDOT to help acquire the necessary. right-of-ways. Mr. Neblett indicated a speed study of Route 641 has shown that 85% of motorists are exceeding the unposted speed limit of 55mph and that VDOT will continue to monitor the road. Mr. Neblett stated that VDOT's investigation of weight limit violations will also continue. Mr. Neblett stated a speed study was initiated and a sign posted on Routes 632/ 641 /1701. Mr. Neblett stated Route 58 Business has been submitted as a candidate for repaving and a decision as to eligibility is anticipated by early November. Mr. Neblett stated the Commonwealth Transportation Board has approved the latest alignment proposal for the Route 260 connector and VDOT will proceed' with engineering and finalizing the construction schedule. Mr. Neblett stated under the Rural Addition Program, the easement 4 1 1 1 1 1 1 BAOK ~t~ PACE ~ 9 for Brown's Marina Road is currently being leased by the Browns under a 99-year lease which will require the owner and lessee to convey an easement to the County who would in turn guarantee it to VDOT for a free and unencumbered 50 foot right-of-way. Mr. Neblett stated South Share Drive does appear to qualify under the Rural Addition Policy and that the County may wish to pursue the information referenced in his letterto the Bakers of Apri11993. Mr. Neblett .stated ownership of the right-of-way needs .addressing. Mr. Neblett stated the remaining necessary signatures for Route 665 need to be obtained for the dedication of right-of-way. Mr. Neblett noted that a meeting has been set with the affected property owners.. County Attorney Crook: advised 18 deeds for right-of-way far Route 681 were mailed to the property owners of which five signed deeds were returned and recorded. Mr. Neblett stated a meeting has been set regarding Campbell Chapel Road on October 25th at the new Carrollton Elementary School to meet with the property owners. County Attorney Crook advised that the heirs for Laurelwood Drive have been located, one of which responded that they will sign the deed. 1/ Chairman Spady called for Citizens Comments. James Joyner requested VDOT to trim the shrubbery along Barrett Town Road and Bows & Arrows Road. /1 At 7:00 p.m., on motion of.Supervisor Cofer, .unanimously adopted, the Board changed the order of the agenda to hear the following public hearings: A. The application of Jeannette C, Johnson for a change in zoning classification from A-1, Agricultural Limited to Conditional A-2, Conditional Agricultural General, approximately two (2) acres of land located on the south side of Stallings Creek Drive (Route 680) between Green Level Road (Route 683) and Comet Road (Route 681) in Hardy Magisterial District. The purpose of the application is to utilize the property for residential use and for: an antiquelgift shop, including the making and selling of dolls and doll accessories. Chairman Spady called for .citizens to speak in favor of or in opposition to the proposed rezoning. Upon no one appearing, Chairman Spady closed the public hearing 5 BgoK 16eacE 5~ and. called for comments from the Board. Supervisor Bradshaw moved the Board approve the. application of Jeannette C. Johnson. The motion was adopted unanimously (5-0). B. The application of the Industrial Development Authority of Isle of Wight County to amend Conditional Industrial Limited zoning of approximately ninety-two (92) acres of land located on the south side of Windsor Boulevard (Route 460} between Kello's Lane and Old Suffolk Road (Route 636) in Windsor. Magisterial District.. The purpose of the application is to include office buildings as a permitted use. Chairman Spady called for citizens to speak in favor of the proposed application. Lynn P. Harris, Director of Economic Development, stated she has been approached by several industries that would like to relocate in this park of which some of these businesses would bring some ancillary industries to go with their businesses. Chairman Spady called far citizens to speak against the proposed application. Upon no one appearing, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the application of the Industrial Development Authority of Isle of Wight County. The motion. was adopted unanimously (5-0). C. The application of Union .Camp Corporation for a change in zoning classification from A-1, Agricultural Limited to Conditional M-2, Conditional Industrial General, approximately thirty-six (36) acres of land located on the north and south sides of Lee's Mill Road (Route 616) between Carver Road {Route 1603) and the City of Suffolk Line, in Windsor Magisterial District. Thee purpose of .the application is to construct two (2) office buildings, a conference center and a training center on the north side of Route 616 and an equipment yard on the south side of Route b16. Chairman Spady called for citizens to speak in favor of the proposed application. Jon Woltmann, Counsel for Union Camp Corporation, stated Union Camp Corporation is hoping in the future to construct additional office space on the property. Supervisor Hager moved the Board approve the application of Union Camp Corporation. The .motion was adopted (4-0) with Supervisor Bradshaw.abstaining from voting on the matter. 6 :` 1 1 1 1 Bt10K ~~ PRGE 5~. D. Proposed Real Property Tax Increase County Attorney Crook stated the Board adopted a rate of $.74 in June of 1994 and is now reviewing. the rate because of the reassessment. Attorney Crook stated the rate was advertised for $.74 as a proposal and the Board may set the rate at less, but not more. County .Administrator Standish stated there is a provision in the State .Code that states if the County's assessment increases valuation the County is required to have a public hearing. Chairman Spady called for citizens to speak in favor of or in opposition to the proposed Ordinance. William Barrett, Leland Beale, Gene Capps and Luther Boone spoke in favor of reducing khe real estate tax rate. Chairman Spady closed the public hearing. County Administrator Standish stated he would recommend the Board reduce ..the. County's real estate tax rate for the current fiscal year from $.74 to $.72. Mr. Standish stated the County is anticipating capital expenditures in 1995 relative to the school system. Mr. Standish stated a low tax rate is a healthy economic development tool which puts: the County in a competitive position with the rest of Hampton Roads. Supervisor Cofer stated it is a rule of thumb the unappropriated fund balance should remain at approximately $3,000,000 and an adopted rate. of $.72 will leave such an unappropriated fund balance. Supervisor Bradby stated he wanted the County to maintain a healthy fund balance, however,. he did not wish to collect additional monies beyond what the County needs to operate. Supervisor Bradshaw stated the citizens of the County need to know that the Board is concerned with expenditures and providing for 'senior citizens who represent approximately 18% of the County population, Supervisor Bradshaw further stated he did not only want to reduce revenues, but also expenses because he believes Cour-ty expenses have in the- .past gotten out of hand. Supervisor Bradshaw continued he would recommend the following suggestions to the Board for their consideration: (1) , freeze all equipment expenditures with all requests presented to the Board for approval; (2) consider reducing all travel .expenditures, all equipment maintenance expenditures, telephone expenses, and offiee supplies by 10% and, (3) have an analysis performed. of all part time and temporary help employed by the C©unty .with justification provided through documentation as to why this part time or temporary help is necessary and beneficial to the County. Supervisor Bradshaw stated he would further request a budget report be provided to the Board that contains line item breakdowns because the current report is not legible nor understandable. Supervisor Bradshaw stated he would like to have a budget book where items are documented with a revised monthly report so . 7 enoK ' 16 PacE ~2 that the Board can bring the expenditures of the County under control. Supervisor Bradshaw stated he was elected to maintain the expenditures of the County and he is 100% in favor of reducing expenditures although he understands the County has major capital school construction programs which he is also in favor of, as well as reducing the tax rate for the citizens. Supervisor Cofer stated the County's side of the ledger is less than 10% and there are five other elected officers in the County which must answer to their portion of the budget. Supervisor Cofer further stated that although he agrees the current budget layout needs improvement, he believes a new budget format is being developed as part of the new in- house computer systems. Chairman Spady requested Supervisor Bradshaw to provide the Board with an estimate on how much his proposed reductions would save the County. Supervisor. Bradshaw stated with the inclusion of the Constitutional Officers, he believed approximately $L5 million. Supervisor Bradby expressed his concern with a ,reduction in the equipment maintenance line item. ~r Supervisor Bradshaw stated nine times out of ten the travel, equipment maintenance, telephone expense and office supplies .line. items were over .budgeted. Supervisor Bradshaw further stated the equipment and equipment maintenance line items expenditures occurred during the month of June, prior to the end of the fiscal year and reducing them 10% would not have a drastic impact on operations. Supervisor Hager :asked Supervisor Bradshaw how many years he researched to come to his conclusions. Supervisor Bradshaw stated he researched this past year's actual expenditures only. Chairman Spady asked Supervisor Bradshaw to provide the Board with an estimate on what would be saved if the items he suggested be reduced by 10% were frozen. Supervisor Bradshaw stated he would estimate $175,000, possibly $200,000. County Attorney Crook stated. the County departments and Constitutional Officers have already prepared their budgets which the Board approved. Attorney Crook stated now the Board is considering placing a freeze on purchases it has already approved. County Attorney Crook stated the Board may wish to take a look at a percentage cut for next year and screen the requests closer if the Board believes they are too high, County Attorney Crook stated the Board is not just talking about County money, but also. State money, and the State Compensation Board normally does not approve what is not necessary. County Attorney Crook stated the ,. C 1 1 BnuK ~„~FAGf ~J Constitutional Officers should have the opportunity tocomment on the matter. . Supervisor Hager stated he would be very skeptical of a mid-year correction at this time because he believes the Board has acted in good faith to provide these funds for the operation of different departments. Supervisor Bradshaw stated the burden should be placed on the i individuals that are managing the departments .and, in -the past, ^ . governments .have approved whatever was presented.. Supervisor ~~~ Bradshaw staked budgets are based on prior year's budgets and not necessarily what is spent. Chairman Spady stated he is in favor of reducing some of the County's expenditures, however, he is doubtful that Supervisor Bradshaw's suggestions would ackually save the County $200,000. Chairman Spady stated before he agrees to cut any line item, he wants to know exactly what is being cut. Supervisor Hager stated he believes funding the critical needs of the schools is very important and the County is relieving the tax burden and funding critical needs of the school and the debt service with this reduction in taxes which is what the Board should be proud of. Supervisor Cofer stated the current $2,000,000 under Phase II is not included in the. long-term debt for the upcoming year, nor any monies to complete Phase II for renovations at the schools. Supervisor Cofer moved the Board. adopt. the following ordinance setting the tax rate for FY1994-95 at $.72 per. $100: AN ORDINANCE TO AMEND AN ORDINANCE TO IMPOSE TAX LEVIES FOR ISLE OF WIGHT COUNTY FOR FISCAL YEAR JULY 1, 1994 THROUGH JUNE 30, 1995 TO SET THE REAL ESTATE TAX RATE AFTER THE GENERAL REASSESSMENT WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, after . properly publishing Notice and holding a public hearing, adopted an Ordinance to Impose Tax Levies for Isle of Wight County, Virginia, for fiscal year July 1, 1994 through June 30, 1995 on May 19, 1994. The ~ Tax Levies Ordinance .adopted by the Board of Supervisors as aforesaid, levied tax for the fiscal year beginning July 1, 1994, at $0.74 per one hundred dollars of assessed valuation on all taxable real estate; and, 7 WHEREAS, the general reassessment of real property for the County of Isle of Wight, concluded June 30,.1994, increased fair market assessments of real estate by 9.4% and land use assessments by 11.3% which, at the current rate of $0.74 per one hundred dollars would. result in increase of .more than one percent in the total real property tax levied; and, 9 .BOA 16Pa~E 54 WHEREAS, Section.58.1-3321 of the Code of Virginia of 1950, as amended,. .requires the governing body to hold a public hearing to set a tax rate on real estate after a general reassessment as therein provided. NOW, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, to-wit: That paragraph (1) of An Ordinance to Impose Tax Levies for Isle of Wight County, Virginia for Fiscal Year July 1, 1994 Through June 30,1995, adopted the 19th day of May 1994, be amended to read as follows: (1) That there is hereby levied for the fiscal year.beginning July 1, 1994, a tax of $0.72 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58..1-2606 of the Code of Virginia, as amended. The motion was adopted unanimously (5-0). // Supervisor Cofer moved the Board .return to the regular order of the agenda. The motion was adopted unanimously (5-0). // . Chairman Spady called for Citizens Comments. William Barrett stated the rates were recently increased for the Carrsville. water system from $12 per month to $18.75, a 56% increase, and he wanted to remind the Board that most of .the citizens in Carrsville are living on fixed incomes and he would request the Board to consider reducing the rates.. Mr. Barrett requested a recycling bin be located in the Carrsville area to entice recycling efforts for this part of the County. Mr. ..Barrett commended the Board on their financial support of the County Fair. R. L. Walker requested the .Board's consideration in funding a playground for the Hardy District. Luther Boone of Muni stated logging trucks are utilizing. Route 641. and requested VDOT's assistance in repainting a white line down the middle of the road. // At 7:50 p.rn., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). Upon returning to open session at 8:02 p.m., Chairman Spady called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following for the Board's consideration: 10 1 1 1 ' B~~~K ~6 PAGE 55 A. Application for a Conditional Use .Permit by Robert E. Williams to locate a mobile home on .97 acres of land. at 22278. Yellow Rock Lane to be occupied by his son, Shawn E. Williams and immediate family, in Newport Magisterial District. Mr. Caskey stated this application will need to be deferred because when the Planning Commission .considered this .application there was opposition presented -and therefore the matter is having to be readvertised for the Board's October 20, 1994 meeting for .public hearing. Supervisor Cofer moved the Board table consideration of the application of Robert E. Williams until the October 20, 1994 meeting. The motion was adopted unanimously (5-0). B. Application for a Conditional Use Permit for Ronald S. Jones to continue the occupancy of a mobile home for twenty-four (24) additional months while building a residence on 5.13 acres of .land located at 13214 Track Lane in Hardy Magisterial District. Mr. Caskey stated the Board of .Supervisors originally approved this Conditional Use Permit in October of 1991 for an original length of time of thirty-six months. Mr. Caskey .further stated when the Planning Commission considered this application there was no opposition presented and the Planning Commission voted unanimously to recommend approval of the request for an additional twenty-four months to the Board. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval subject to the condition that the applicant obtain his ' 'nitial ear of the. a roval and obtain a building permit within the i y pp Certificate of Occupancy during the additional second year period, the time period begins upon approval of the. Conditional Use Permit. Supervisor Bradby moved the Board approve the application of Ronald S. Jones subject to the .recommendations of the Planning Commission. The motion was. adapted unanimously (5-0)., Supervisor Bradshaw. further moved the Board approve the . application of Ronald S. Jones with the conditions as presented by the Planning Commission. The motion was adopted unanimously (5-0). C. Application of Bernice Elam for a Conditional Use Permit to locate a mobile home on approximately one hundred eight (108). " acres of land located at 19130 Tomlin Hill Drive (Route 649) to be occupied by her niece, Brenda' Clark and immediate family, in Hardy Magisterial District. Mr. Caskey stated at .the time the .request was presented to the Flanning Commission there was opposition presented and under the County s Zoning Ordinance it is required. that the item be readvertised for a public hearing before the Board of Supervisors. t Supervisor Cofer moved the Board table consideration of the 11 } ~~ 80'oK ~~ vACE ~~ application of Bernice Elam until the October 20, .1994 meeting. The motion was adopted unanimously (5-Oj. D. Application of Robert T. Jones for a Conditional Use Permit to locate a mobile home to be occupied. for a period of thirty-six (36) months while building a residence on 17.41 acres of land located on Rattlesnake Trail (Route 646) west of Ramsey Road (Route .622) in Hardy Magisterial District. r Mr. Caskey stated there was no opposition presented when. the Planning Commission considered the application and .the Planning Commission voted unanimously to recommend approval of the Conditional .Use Permit for the requested thirty-six months. Supervisor Bradby moved the Board approve the application of Robert T. Jones.. The motion was adopted unanimously (5-0). E. Application of Moody H. Garner and Gail G. Allen to locate a mobile home to be occupied by a caretaker of the property and to care for the mother of the property owners, on one hundred ten (110) acres of land located on Garner Lane, .west of Harvest .Drive (Route 641) in Windsor Magisterial District. Mr. Caskey stated the Board has in front of them a letter received today from Gail G. Allen, the applicant, requesting that the application be withdrawn due to the conditions recommended by the Planning Commission at their meeting held on September 13, 1994. Supervisor Bradshaw moved the Board accept .the request of the applicant, Gail G. Allen, _ for withdrawal of the application. The motion was adopted unanimously (5-0). F, Preliminary subdivision plat of Shady Grove Estates, Shady Grove Drive off of Smith's Neck Road (Route 665) in Newport Magisterial District. Mr. Caskey stated the property was approved earlier by the Board of Supervisors for rezoning to Conditional R-A for the proposed development of a twenty Lots single family subdivision on approximately seventy acres of land. Mr. Caskey further stated for the Board's consideration tonight is the preliminary plat which shows nineteen lots to be served by a cul-de-sac street-that extends from the subdivision out to Smith's Neck Road via the adjoining property. Mr. Caskey .continued the road is to be constructed in .accordance with ,the County's Subdivision Ordinance requirements with the exception of one requested. variation.. Mr. Caskey stated it will be built to State standards and the lots are to be served by a community water system approved by the Director of Public Utilities and the Virginia Department of Health. Mr. Caskey stated the plat has been reviewed in accordance with the County's Subdivision Ordinance and staff comments indicating those minor modifications that are needed to the plat have been noted.. Mr. Caskey stated the Planning Commission has reviewed and discussed the plat relative to comments by staff and several specific exceptions requested 12 1 1 1 II BnOK 16PAGE ~ 1 by the subdivider, including comments which have been provided by the adjoining property owner. Mr. Caskey stated the attorney representing the subdivider presented his client's justification to the Planning Commission for two specific. requestedexemptions to the Subdivision Ordinance. Mr. Caskey stated one exemption is relative to the length of the entrance access. road and the need- for an exception tv Section 4-4-1-6 of the. Subdivision Ordinance. Mr. Caskey stated the second request is for an exception to Section 441-5 of the Subdivision Ordinance which requires the access road. to be constructed with curb and gutter. Mr. Caskey stated the Punning. Commission in their consideration of the requests voted .unanimously to recommend to the Board approval of the preliminary plat of Shady Grove Estates subject to the revisions addressed in staff comments, and recommended approval of the exception regarding the length of the cul-de- . sac. Mr. Caskey stated the Planning Commission further voted unanimously to recommend to the Board denial of an exception to Section 441-5 relative to the construction requirements of the curb and gutter. Mr. Caskey stated the issue of the curb .and gutter construction requirements is being triggered by the fact that on the adjoining property through which this proposed road must travel there is a section of zoning that. is an R-1 residential classification which requires that internal subdivision streets within the boundaries of that zoning classification are to be constructed #o a standard .including curb and gutter. Mr. Caskey stated the applicant's subdivision is zoned R-A and will not require curb acid gutter because of A 1 ' f' t' its R- zoning c assi tca ion. William Riddick, representing the developer, Mr, Keusal, stated regarding the curb and gutter requirement, when the. Board rezoned the property in 1988, the proffered condition as offered by the property owner was that all of the A-2 property would be for. no other development than a golf course, Mr. Riddick stated he believes an exemption to the curb and guttering requirement is appropriate because although the Code requires that curb and gutter be installed, it is nat a reasonable nor prudent thing tv require that curb and guttering be located in the golf course that will ' contain no development.. Mr. Riddick stated in applying the ordinance in a strict fashion his clienk is being required to .put very expensive improvements on a pieee of .property that will never be developed into i anything other than a .golf course. 1 County Attorney Crook. asked Mr. Riddick if the right-of-way has been obtained #or the road. Mr. Riddick replied there is a dedicated easement for access that is of record. Mr. Riddick stated when Mr. Keusal purchased the property he was granted an easement, although the exact location was not established at that time, but has been agreed upon by Mr. Allen and Mr. Keusal after. many months of negotiations. Mr. Riddick stated contained in the Board's agenda ' is a plat of the actual right-of-way. Bob Design, representing Mr. Allen, stated the deed, does state that a fifty foot easement wilt be granted, the location of which is to be agreed ~ upon. Mr. Design further .stated it was clear to him from reading the ~ ordinance that it had to be constructed with curb, and gutter and a business 13 BOOK ~~UPACE ~C7 decision was reached with this in mind. Mr. Design stated the location is not approved and not a part of record and the. only thing that is part. of record is the deed that states that an easement will be granted, the location of which has to be agreed to by both parties. Mr. Design stated the location has not been agreed to yet because of the turmoil of whether or not there will be curb and gutter and if this exemption is granted then his client will want to revisit where the road is to be located. County Attorney Crook advised Attorney Riddick and Mr: Design if the Board agrees to the exception as presented and the road is not located there, the, exception would not carry over to a new location for the road. Mr. Riddick admitted if the road is not built at the same location, then his client will have to return to the Board to request their approval. Chairman Spady stated he would prefer to have the Planning Commission's minutes so -that he could read the dialogue concerning the matter before voting. Supervisor Cofer stated the Board now has a proffer that a golf course will be built, but the Board has already seen changes from the original 1988 plan and there is nothing to say that they will not approach the Board again to request that the proffer be removed and rezone A-2 to something else. Mr. Design stated clearly his client would live with the eighteen hole golf course, however, the exact dimensions may be altered somewhat. Supervisor Cofer asked Mr. Design if he was involved in the golf course. ~~ :r 1 Mr. Design stated he was involved with the Crown Creek project and the golf course is one of the multiple uses.. County Attorney Crook stated if Mr. Keusal had a deeded right-of- way and it is fixed and he is asking for the exception the Board can grant it; however, if Mr. Keusal does not have a deeded right-of-way at a fixed location but only an agreement that he is going to get aright-of-way, and the Board has already heard that this may change depending on whether he must comply with the ordinance requirements or not, then the Board is passing on something that the applicant does not have clearly, legally established. Attorney Crook stated they should return to the Board with an agreement recorded for the right-of-way fixing definitely where the road will be located. Attorney Croak stated he would recommend the Board not grant the exception for non-compliance with Section 4-4-1-5 because the location of the right-of-way is not fixed by the owner of the property at this time.. Supervisor Cofer moved the Board approve the preliminary plat of the subdivision and the exception for the length of the cul-de-sac. The motion was adopted unanimously (5-0). Supervisor Cofer further moved the Board table the second exception 14 t .~ SOOX ~6 PAGf ~ 9 1 1 on the curb and gutter request through the adjoining property to the Board's October 20, 1994 meeting. The motion was adopted unanimously (5-0). // Chairman Spady called for the County Attorney's report. County Attorney Crook stated he would need an executive session on two matters later in the meeting. County.Attorney Crook stated at the present time he is holding as escrow agent far the County $33,112.82 for proffer fees received, Attorney Crook stated he would like authorization from the Board to transfer the funds to the County because the Board has now adopted the Tischler Study as a guide for cash proffers as an amendment to the :Zoning Ordinance. Supervisor Bradshaw moved the Board authorize the County Attorney _ to transfer to the County $33,112.82 in proffer fees he is currently holding as .escrow agent for the County. The motion was adopted unanimously (5- 0). County Attorney Crook skated he has reviewed the amendment to the County employee health plan. Attorney Crook stated he discussed the matter with the County Administrator-who has referred it to the insurance } consultant for his consideration. County Administrator Standish stated all interested parties in the County's health insurance plan have no problem with. the amendment although he does not have the carrier's comments in writing. Supervisor Cofer suggested the County Administrator solicit .comments from the carrier in writing and bring the matter :back o :the Board at their October 20, 1994 meeting for consideration. County Attorney Crook stated SEVAMP has again included objectionable language in their contract and he has .written the County Administrator and forwarded the contrack to him. Attorney Crook further t .stated he has lined out the objectionable language so that he can recommend the contract to the. Board for approval without. the delays experienced in the past of mailing the revisions back and forth. Supervisor Bradshaw moved the Board approve the contract as amended by the County Attorney. The motion was adopted unanimously (5-0). County Attorney Crook stated negotiations have been held on the contract for computer services and. distributed. to the Board a copy of a letter received by .his ,office by facsimile on negotiations for the. Board's information. County Attorney Crook stated regarding the ordinance concerning 15 800K' ' ,~V PAGF SO taxation listed under old business in the agenda he would like to have- an executive session on a related matter before the Board takes action. // Chairman Spady called for the County Administrator's report, Alan Nogiec, Director of Parks & Recreational Facilities Authority, stated items which were previously stored in the gym at the old. Smithfield High School can no longer be stored there because of the rental of the gym to the Y.M.C.A. IVir. Nogiec further stated he has outlined two proposals, one of which is to rent a facility of approximately 1,600 square feet at a cost of $450 per month or review the possibility of new construction of a metal building of approximately 30' by 30' at a cost of $22.50 per square foot. IVlr. Nogiec continued the alternatives are $5,400 annually be appropriated to his operating budget to cover the cost of the rental or $2,700 to cover .the rental cost for six months or $27,000 to build a facility, far a total of $29,700.. County Administrator Standish noted new construction amortized over 15 to 20 years would be less expensive than rental. Supervisor Cofer stated the County- leases the agricultural building to the Jaycees and wondered if they use the shop portion of the facility. Mr. Nogiec replied he did not explore that because it was his understanding when it was leased to them that the finished product would be a facility that would be available to the community for dances and other functions .where this other section of the building would be used. IVIr. Nogiec stated if the proposed facility is built, it would be built adjacent to the existing maintenance building at Nike Park where an overhang could be designed between the existing building and the proposed building so that one would be used for storage, the other for a shop and accommodations could be provided. for some type of saver for the vehicles and equipment to keep them .out of the weather. Chairman Spady asked if the old Windsor High School shop is intended to be torn down. Dr, Jane T. York stated it is under contract for demolition because of its interference with the layout of the facilities. - County Administrator Standish suggested he could contact the Jaycees to determine if short-term storage is possible and if it is through the balance of the .fiscal year the Board can consider the construction of a storage facility in the Board's budget process next year. Supervisor Bradshaw moved the Board direct the County Administrator to contact the Jaycees to determine if-short-term storage is available, approve the six-month storage rental and have the County Administrator report on a long-term plan. The motion was adopted unanimously (5-0). 16 i 1 1 6~101f ~,~PACE~ ~~ 1 County Administrator Standish stated-three alternatives have been reviewed for office space for the Commissioner of Revenue's map room. County Administrator Standish stated the alternatives are the renovation of the oldwhite building, bring in a modular building, or,use the reassessment .trailer which has been leased through January 1st. County Administrator Standish stated a modular facility is the least expensive and probably most efficient alternative. Gerald H. Gwaltney, Commissioner of the Revenue, asked the Board to take into consideration that there has been no needs assessment of what he has in relation to what he will be receiving. Mr. Gwaltney stated the modular unit is approximately 600 square feet and he is currently utilizing 954 square .feet at the old jail which :would result in 30% less square footage. Supervisor Bradshaw suggested the County Administrator discuss the matter further with the Commissioner of the Revenue and return to the Board's October 20, 1994 meeting with further information 1 1 Mr. Gwaltney staked he would like the County to investigate -the possibility of storing items on disc rather than utilizing the present. filing cabinets which would eliminate the need for additional space. Supervisor Cofer stated that although he is not in favor of building new" buildings, -the modular units do take away from the architectural appeal of the Courthouse. Supervisor Hager moved the Board adopt the following resolution: RESOLUTION TO CARRY OVER LITTER CONTROL GRANT FUNDS. WHEREAS, the citizens of Isle of Wight County participate in and.. benefit from the litter control grant program; and, WHEREAS, the funds in the amount of two thousand forty-four dollars .and forty-five cents ($2,044.45) need to be accepted and appropriated from the Commonwealth of Virginia to the line item for the litter control grant program in the 1994-95 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 two thousand forty-four dollars and forty-five cents ($2,044.45) be accepted and appropriated from the Commonwealth of Virginia to the line item for. the litter control grant in the 1994-95 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 things necessary to give this resolution effect. The motion was adapted unanimously (5-0). 17 enoK- ~.6PacE 62 Supervisor Cofer moved the- Board -adopt the following resolution: RESOLUTION TO CARRY OVER PESTICIDE CONTAINER RECYCLING PROGRAM FUNDS WHEREAS, the. farmers in Isle of Wight County participate in and benefit from the pesticide container recycling program; and, WHEREAS, the funds in the amount of one thousand four hundred seventy-two dollars ($1,472) need to be accepted and appropriated from the Commonwealth of Virginia to the line item for the pesticide container recycling program in the 1994-95 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of .Isle of Wight, Virginia that one thousand four hundred seventy-two dollars ($1,472) be accepted and appropriated from the Commonwealth of Virginia to the line item for the pesticide container recycling program in the 1994-95 budget of the County of Isle of Wight. ~s 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 things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE LITTER PREVENTION AND RECYCLING GRANT FUNDS WHEREAS, .the Board of Supervisors of the County of Isle of Wight, Virginia has received a supplemental grant from the Commonwealth of Virginia, Department of Environmental Quality; and, WHEREAS, the funds in the amount of two thousand eight hundred twenty-eight dollars ($2,828) from the Commonwealth of Virginia, Department of Environmental Quality, need to be appropriated to the Litter Control Program line item in the 1994-95 budget of the County of Isle of Wight. s 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 -eight hundred twenty-eight dollars ($2,828) or as much as shall be received from the Commonwealth of Virginia, Department of Environmental Quality, be appropriated to the Litter Control Program line item in the 1994-95 .budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County '` of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to 18 1 i~ 1 $~o,~ 1fi Pact ~ ~3 1 1 give this resolution effect. The motion was adopted unanimously (5-0). Chairman Spady moved the Board adopt the following resolution: ~ ` RESOLUTION TO APPROPRIATE FIFTY FOUR THOUSAND THREE HUNDRED EIGHTY-THREE DOLLARS FROM THE . UNAPPROPRIATED FUND BALANCE 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 fifty four thousand three hundred eighty-three dollars ($54,383) need to be appropriated from. the unappropriated fund balance to the Industrial Development AuEhorir~ in the 1994-95 budget of the County of Isle of Wight. NOW, TI-IEREFORE, BE IT-AND IT IS HEREBY RESOLVED by the. Board of Supervisors of khe County of Isle of Wight, Virginia that fifty four thousand three. hundred eighty-three dollars ($54,383) from the unappropriated fund balance. be appropriates 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 adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution:. RESOLUTION TO ACCEPT AND APPROPRIATE ONE HUNDRED TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS ' FROM THE FEDERAL GOVERNMENT. FOR GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of Wight, Virginia has received carryover grants from the Federal Government; and WHEREAS, the funds in the amount of one hundred two thousand. eight hundred and seventy-five dollars ($102,875) need #o be appropriated to the School grant fund in the 1994-95 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE,.BE IT AND IT IS HEREBY.RESOLVED by the Board 19 f k eaox ~ ~ ~.~eacf S~ of Supervisors of the County of Isle of Wight, Virginia that one hundred two thousand eight hundred and seventy-five dollars ($102,875) be appropriated to the following line items in the 199495 budget of the County of Isle of Wight, Virginia: Preschool Incentive $11,978 Title VI-B $19,348 Chapter I $ 4,795 Chapter II $ 5,791 Chapter I Summer School $60,963 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 adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt. the following resolution: RESOLUTION TO APPROPRIATE TWO ~ PROCEEDSARS FROM THE 1994 SCHOOL BOND IS TO THE SCHOOL CONSTRUCTION FUND ~:#1 WHEREAS, the Board of Supervisors of the County of Idsle 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 1994 school bond issue proceeds to the school construction fund. in the 199495 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. two million dollars ($2,000,000) from the 1994 .school bond issue proceeds be appropriated to the school .construction fund in the 1994-95 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 adopted unanimously (5-0). County Administrator Standish noted $28,559.06 was collected by the County's delinquent tax attorney at a cost to the County of $8,716.73 which represents 31% of the amount collected for the preceding month. _, Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO MAKE APPLICATION FOR, ACCEPT AND 20 t i~ I' 1 Bnax ~,~~a~t ~ ~J APPROPRIATE RESCUE.SQUAD ASSISTANCE GRANT FUNDS WHEREAS, the Isle of Wight and Windsor Volunteer Rescue Squads .are working jointly to develop a light rescue team for emergencies in Isle of Wight County; and, WHEREAS, the County is eligible. to apply for grant funds to develop said team through the Commonwealth of Virginia, Department of Health; and, WHEREAS,. the Isle of Wight and Windsor Volunteer. Rescue Squads have committed to provide any matching funds necessary for grant application and implementation. NOW, THEREFORE, BE IT A,ND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of isle of Wight, Virginia that County staff is authorized to make application for Commonwealth of Virginia, Departrx-ent of Health Rescue Squad Assistance Grant funds on behalf of the Isle of Wight and Windsor Volunteer Rescue Squads. BE IT FURTHER RESOLVED that grant funds in the amount of thirteen thousand one hundred thirty-six dollars or as .much as may be received from the Commonwealth of Virginia, Department of Health be accepted and - appropriated to a line item in the 1994-95 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia be authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was. adopted unanimously (5-0), Supervisor Hager moved the Board adopt the. fallowing resolution: DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 1994 WHEREAS, violence against women and children continues to become more prevalent as a social problem. due to the imbalance of power due to gender and age; and, WHEREAS, the problems of domestic violence are not .confined to any group or groups of people but cross-. all economic, racial, affectional preference and societal barriers, and supported by societal indifference; and, WHEREAS, the crime of domestic violence violates. an individual's privacy,. dignity, security, and humanity due to systematic use of physical, emotional, sexual, psychological and economic control and / or abuse; and, WHEREAS, the impact of domestic violence is wide ranging, directly affecting women and children and society" as a whole;. and, 21 x BAOK ~~ PAGf ~~ WHEREAS, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia do hereby proclaim the month of October 1994 as .Domestic Violence Awareness Month and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Genieve Shelter.. The motion was adopted unanimously (5-Q). Chairman Spady moved the Board adopt the. following resolution: RESOLUTION ESTABLISHING I5LE OF WIGHT COUNTY'S LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S DELEGATION TO THE 1994 SESSION OF THE. GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the. County of Isle of Wight has specific interest in matters ' dealing generally with local governments, as well as with matters directly impacting Isle of Wight; and, WHEREAS, such interest should bed shared with Isle of Wight County's General Assembly Delegation so that it may know of Isle of Wight County's . position on these important issues. ' NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the 1994 General .Assembly Session and directs that both this resolution and the legislative proposals be forwarded to Isle of Wight County's General Assembly Delegation and that. the County Administrator and his staff work with and assist the Delegation as appropriate. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested. that the Composite Index be listed number one under the priorities to be presented to the Virginia General Assembly.. Supervisor. Bradshaw moved the Board authorize the. Chairman, or his designee, to vote on behalf of the County on the legislative priorities at the Hampton Roads.Planning District Commission meeting. The motion was adopted unanimously (5-O). County Administrator Standish stated the landfill closure needs a change order to provide for two more vents which is a technical adjustment tothe County's base contract with Central Builders. County Administrator Standish stated the original contract to close the landfill was approximately $753,000 and the recommended change order of $5,088.60 is less than one percent and should be the only cost-related change order on this project. 22 t 1 .; BgOX ~U PAt~ V ~ County Administrator Standish stated there are sufficient funds because of other cost savings within the- amount originally appropriated. Supervisor Hager moved .the Board approve the change order in the amount of $5,088,60 with, .Central Builders.. The motion was adopted unanimously (5-0). County Administrator Standish stated he had one matter for executive session later in the meeting for advice of legal counsel.. // Chairman Spady called for Old Business. Supervisor Hager stated regarding the vote on the executivesession matter at the Board's August 23, 1994 continued 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 presenk when the vote was. taken and thus votes in favor of the adoption of the resolution. County Administrator Standish stated for the Board's consideration is the Fire & Rescue Capital Improvements Budget in the .total amount of $236,400 of which the Board .has released $30,000 so :that Carrsville Volunteer Fire Department could make a lease payment on time. County Administrator Standish further stated the Board further authorized: a change to the contribution to the Windsor Volunteer Fire Department to increase their budget to $113,000. Supervisor Cofer stated $29,000 was taken from the Windsor Volunteer Rescue Squad's budget and should therefore be removed from total budget amount. County Administrator Standish stated also for the Board's consideration is the Capital Improvements budget in the total amount of $1,191,610. County .Administrator Standish stated the data processing line item was reduced from .$100,000 to zero, the Board increased Parks & Recreation office equipment from zero to $2,500, and for improvements to Nike Park the .Board raised $35,000 to proceed with the purchase of playground equipment. .Supervisor Bradshaw asked the County Administrator if the Windsor Volunteer Fire Department was in agreement with the amount of their budget. County Administrator Standish said they were. County Attorney Crook stated the Volunteer Fire and Rescue Squads Association is not in agreement with the budget amount of $113,000 nor is the Windsor Fire Department. Attorney Crook stated they have voiced the concern that next year they will already have $113,000 on their capital I e e [.`4 t gQO~ ' ~~PALE budget for a fire truck that is included in this fiscal year. County Administrator Standish stated it was his understanding that the amount is acceptable to the Windsor Volunteer Fire Department as a compromise. County Attorney Crook stated they understand the compromise but they are not in favor of it and he believes the Board should be aware of it. Supervisor Bradshaw stated he received a letter from the President o~ the Carrsville Volunteer Fire Department stating they were against the way the Board was handling the situation because they feel like the other volunteer organizations will be penalized next year. Supervisor Cofer moved the Board approve the FY199495 Fire and Rescue budget in the amended amount of $207,400 and the Capital- Improvements budget in the amount of $1,191,610. The motion was adopted unanimously (5-0). The Board deferred .action on the Ordinance to Amend Section 15-5 of the Isle of Wight County Code to Reduce the Exemption From Taxation for Certified Pollution Control Equipment and Facilities From 100 Percent to 50 .Percent until after the executive session Supervisor Bradshaw requested a status report on the problems incurred by the Volunteer Fire and Rescue Squads Association. County Attorney Crook stated the Association would like to see additional lines installed for 911 calls and a second dispatcher on duty to handle the additional lines and has questioned what .the 911 funds entail and whether or not- they can be used for additional dispatchers. Chairman Spady requested the County Administrator to contact GTE to determine if other 911 lines can be made available. Chairman Spady also requested the County Administrator to contact Sheriff Phelps regarding dispatchers and the status of the 911 funds and report back to the Board at their October 20, 1994 meeting.. ei r Chairman Spady called for New Business. Supervisor Bradby requested County Attorney Crook to review and report back to the Board whether the Harbor Committee can legally charge fees-for boat access. Supervisor Bradshaw requested refuse sites be monitored with fines issued to .non-residents dumping materials. County Attorney Crook stated the Sheriff s Department is authorized to issue fines, as well as various County employees appointed as special. officers. by the Court, such as the Codes Inspector, and the Director of 2~ f J 1 Bnox ~.6Pact ~~ Public Works. . // Chairman Spady called for Appointments. Supervisor Bradby moved the Board reappoint Mary W. Wells for. an .additional four-year. term on the Southeastern Virginia Areawide Model Program, Inc. The motion was adopted unanimously (5-0). Supervisor Cofer .moved- the Board reappoinE Roger L. Ealy, representing .the Hardy District, to an additional four-year term on the Historical Architectural. Review Committee. The motion, was adopted unanimously (5-0). // County Attorney Crook requested an executive session pursuant to Section 2.1-344 A7 of the Freedom of Information Act for advice of counsel concerning contract negotiations and potential litigation and other legal matters. At 9:30 p.m., Supervisor :Cofer moved the Board enter executive session for the reasons stated by the County Attorney. The motion was .adopted unanimously (5-0). Upon .returning. to open session at 10:35 p.rrt., Supervisor Bradshaw moved the Board adept 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 Z 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 s were identified in the motion convening the executive meeting were heard, discussed or considered by the Board. of Supervisors. yoTE _ AYES: 5 25 { 1}~ 1 BUOY ~U PAff r O . NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0) ~'1 ~ ~ ~: Chairman Spady called for approval of the regular meeting minutes of August 18, 1994 and continued meeting minutes. of August 23, 1994. Supervisor Cofer moved the Board adopt the regular meeting minutes of August 18, 1994 and continued meeting minutes of August ?,3, 1994. The motion was adopted unanimously (5-0}. // ;. At 10:40 p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (5-0). //' O. A. Spa hairman Myles E tandish, Clerk. 26 '