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11-17-1994 Regular Meeting... ~ y..:.. BnoK ' 16 PACE ~# REGULAR MEETING OF THE ISLE OF WIGHT COUNThY~BOAR SUPERVISORS HELD THE SEVENTEENTH DAY OF NOVE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H, Bradby Phillip A. Bradshaw Lud Lorenzo Spivey 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 Bradby.. // Chairman Spady called for Special Presentations. Chairman Spady presented Mary Ellen DeGroft, Diane Howard and Tom Stanfield with Certificates of Appreciation for their efforts in the County Fair. Supervisor Bradshaw moved the Board adopt the following resolution honoring Dr. J. R. Hager for his service to the County during his tenure as interim Supervisor: RESOLUTION WHEREAS, the Honorable Jimmy R. Hager was appointed by the Isle of Wight County Board of Supervisors- to represent the Windsor District in ...July of 1994 to fill the unexpired term. of that position; and, WHEREAS, the members of the Board. of Supervisors are grateful for the efforts of Dr. J. R. Hager for the betterment of Isle of Wight County government during his term of office and it is their desire to express to Dr. J. R. Hager their gratitude and appreciation for his companionship and exemplary service to the Board of Supervisors and to the citizens of Isle of .Wight County. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors wishes to express its sincere gratitude for the diligent and dedicated service of Dr. J. R. Hager to the Board of Supervisors and to the citizens of Isle of Wight County. The Isle of Wight County Board of Supervisors hereby directs that this 1 *` 1 1 M 1 f snos ~6PacE 95 resolution be spread upon the minutes of the meeting of the Board of .Supervisors, and further directs that a copy of this resolution be presented to Dr. j. R. Hager with its deepest appreciation fora job well done.. The motion was. adopted unanimously (5-0). .Supervisor Bradshaw moved the Board .adopt the following, resolution honoring Myles E. Standish upon his resignation as County Adminstrator;- RESOLUTION WHEREAS, Myles E. Standish has served as County Administrator of-Isle of Wight County, Virginia since July of 1987 and has tendered his resignation effective November 18, 1994 having been selected as the City Manager of the City of Suffolk; and, WHEREAS, Myles E. Standish has distinguished himself as County representative on the Hampton Roads Planning District Commission; the Southeastern Public Service. Authority; the Western Tidewater Disability Services Baard; and the. Western Tidewater Regional Jail, representing the. best interests of the County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia desires to express to Myles E. Standish their sincere gratitude for his leadership and service to the Board of Supervisors and the citizens of Isle of Wight County. The Board of Supervisors of Isle of Wight County, Virginia further desires that this resolution be spread upon the minutes of the meeting of the Isle of Wight County Board of Supervisors as a matter of public record and that a copy be forwarded to Myles E. ;Standish. The motion was adopted unanimously (5-0). // Chairman Spady called for .Citizens Comments. Dr. Jane T. York, School superintendent, stated a preliminary audit indicated that $332,000 was not expended by the schools in the last fiscal year and requested the Board reappropriate $282,959 in local funds to cover the cost of the following projects: $72,838 for removal of asbestos at the Smithfield Middle Schaol; $97,100 far installation of trash compactors for all school sites;. $21,100 for. paving. of the Duke Street. parking lot at the Windsor High School; $18,000 far a block storage facility at the Windsor Middle/High School; $22,600 for paving of the auditorium parking lot at Smithfield High School; and $40,000 for auditorium lights at the Smithfield High School. Supervisor Bradshaw moved the Board utilize cash proffers accumulated from the northern .end of the County to apply towards the capital expenditures for the Smithfield auditorium project and the 2 aaoK : 1fiPACE 9fi Smithfield Elementary School project with the remaining funds for. those projects and the other projects listed by Dr. York to come from the unappropriated fund balance in an aggregate total amount not to exceed $282,959. The motion was adopted unanimously (5-0). Mary Beth Bergeron, Social Worker with the Children Center in Franklin, stated early intervention activities are being promoted this month in an effort to identify and serve children with developmental delays and , disabilities. Supervisor Bradshaw moved the Board adopt the following .resolution: RESOLUTION DESIGNATING NOVEMBER 1994 AS EARLY INTERVENTION MONTH WHEREAS,. our children are our most precious resource and represent the future hopes of Virginia and the nation; and, WHEREAS, it is our collective social responsibility and moral obligation. to protect our children, to provide support to their families, to contribute to their physical and mental well-being, and to ensure that each child has a fair and equal chance to .grow and develop to his or her maximum potential;. and, WHEREAS, there are currently five children receiving early intervention service in Isle of Wight County and others who are eligible for services but may not know that services exist; and, WHEREAS, early detection and treatment of these conditions is critical to the health and well-being of these children and families; and, WHEREAS, there are a variety of existing programs established to provide help to children with disabilities and their families through early intervention; and, WHEREAS, there is a great need to increase public awareness and understanding of the strengths and needs of our children with disabilities and to encourage early detection and intervention. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County do hereby designate the month of November, 1994 as .Early Intervention Month in .recognition of local efforts in early intervention and to call attention to its significance for all citizens. The motion was adopted unanimously (5-0). t William Barrett of Carrsville stated on November 26, 1994 the House of Representatives .will -vote on legislation pertaining to tariff laws and urged. all County citizens to call their respective representatives to voice their. support or opposition as the case may be. Steven Merrill, Isle of Wight Defense League, requested the .Board 3 .~ <, eooK 16vacE ~ 97 .adopt a resolution requiring hog farms to have a Conditional Use Permit and further that the Board write the officials of the City of.Norfolk stating that the County will ensure the water quality in the area. Frank Novac inquired about the County's future plans for the Pons Voting Precinct site. Chairman Spady skated the previous Pons Voting Precinct facility was condemned and the Board intends to .install inside plumbing and secure the new site with fencing. Mr. Novac inquired if it is normal procedure for a public facility to be placed on land without notification to adjacent landowners. County Attorney Crook replied that this particular use is not provided for in the Zoning Ordinance and he would discuss with the Planning Commission whether or not the County needs another zoning district or Special Use Permit for such public uses that are not provided for in the. Zoning Ordinance. Mr. Crook further stated if the ordinance is amended. to require public uses in agricultural zones to have a Special or Conditional Use Permit this will require notification to the public for public hearing before utilization. Henry Bell requested the status of the signatures for the righE-of-.ways. on Route 681. j County Attorney Crook. stated Eour deeds of property owners conveying the necessary right-of-way were recorded in November and eight more are needed. Mr. Crook further stated a landowner in Smithfield has not yet responded which may require a visit to resolve .the situation. William i3ryant of Rushmere Shores, stated he would like the State Highway Department to take Poplar Drive into the system and requested a deed be prepared. County Attorney Crook .requested Mr. Bryant to make an appointment with his office to provide Ehe necessary information so a deed can be prepared. j l/ .Chairman Spady called for the Community Development report. W. Douglas Casket', Assistant County Administrator/Community .Development, presented the following applications for the Board's , consideration: A. Application of Thomas H. Stowe,lII, to continue the occupanry of a mobile home for thirty-six (36) additional months while building a residence on 12.76 acres of land located at 14320 Restless Heart. Road in Newport Magisterial District. 4 4 BooK ~6 vacE 9v Mr. Casket' stated there: was no opposition presented when the matter was considered by the Planning Commission and the Planning Commission voted unanimously to recommend approval of the request subject to the applicant obtaining a building permit within twelve months of the date of ..approval by the Board and that substantial progress of the permanent residence be made within twenty-four months of the date of approval by the Board. Supervisor Spivey moved the Board approve the application of Thomas H. Stowe, IIL. The motion was adopted unanimously (5-0). B. Shady Grove Estates, Shady Grove Drive off of Smith's Neck Road (Route 665), in Newport Magisterial District. Mr. Casket' stated the plat was previously approved by the Board and Mr. Keusal and Mr. Allen have indicated that they are not yet in agreement with the issue of the curb and gutter for the access road. Mr. Casket' further stated William Riddick, representing Mr. Keusal, notified the County today of his request to table the matter indefinitely. Mr. Casket' continued Mr. Allen also telephoned him today to advise of his intent to be present tonight, however, he now has experienced a medical emergency, and is requesting that the matter be tabled at least until the next meeting. County Attorney Crook advised issues must be tabled to a specific time and requested Mr. Riddick to advise the Board of an agreeable date. Mr. Riddick requested that the matter be tabled for two months. Supervisor Bradshaw moved the Board table consideration of Shady Grove Estates until the January 19, 1995 meeting. The motion was adopted unanimously (5-0). C. Subdivision plat of Windsor Woods,, Courthouse Highway (Route 258), Windsor Magisterial District. Mr. Casket' stated the plat under consideration tonight was originally approved by the Planning Commission and subsequently approved by the Board. of Supervisors in July of 1993. Mr. Casket' further stated in May of 1994 the Board reviewed and approved the water agreement which set forth the developer's pro-rata share to the Town of Windsor for providing water to the subdivision and -the dedication of the completed water system to the County. Mr. Casket' continued that because of the time elapsed since the Board's action of the final plat in July of 1993, the Subdivision Ordinance requires that a plat must be reconsidered and reapproved by the Board. Mr. Casket' stated the developer will be required to post the prescribed performance surety in favor of the County for all road and drainage improvements for all on and off-site water improvements, erosion and sediment control requirements and all .other physical improvements determined to be required for the development of the subdivision prior to . the plat being approved .and signed by the Subdivision Agent for recordation. Mr. Casket' further stated for the Board's consideration was a requesk for the modification of Article I, Subparagraph I relative to a •t gnOK ~6 racE 9~ 1 1 1 twenty-four month time constraint which applies to the completion and construction of the required water improvements within the subdivision. Mr. Casket' continued- the developer is requesting consideration that the surety held by the County would serve to provide the necessary assurance that the water system would be installed with the understanding that it would take him more than -twenty-four months to complete ,all such construction of the water improvements. County Attorney Crook stated he did not have. a problem with the Board approving the renewal of the plat. due to the .time expiration because .the Board has routinely done this. in the past, however,. the developer is requesting a modification to the twenty-four months clause on the water agreement. Mr. Crook stated he needs to review the request with the terms of the agreement between the Town of Windsor and the County and .would not advise that the request be approved by the Board before the Town has ' an opportunity to submit their input. Supervisor Cofer moved the Board approve the final subdivision plat of Windsor Woods as presented. The motion was adopted unanimously (5- 0). Supervisor Cofer further moved that -the Board direct the. County Attorney to refer to the Windsor Town Council for their input the proposed change in the water agreement. The motion was adopted unanimously (5- 0). // . At 7:00 p.m., Supervisor. Cofer moved the Board amend the order of j the agenda to hear the following public hearings: A. The application of Benns .Church Properties to amend the. operation plan under the Conditional Use Permit of the "Jackson Borrow Pit", which is located off the west side of Benns Church Boulevard (Route 10), to increase the acreage to be excavated { from the northern pit from 30 acres to 40 acres, in Newport ~ } .Magisterial. District. Chairman Spady called for persons to speak in favor of the proposed application. Richard L. Turner, stated. approval of the application would allow Isle of Wight Materials to expand the site for the excavation of masonry sand. Mr. Turner presented an aerial photo of the site proposed for expansion 1 which, if approved, would ultimately be prime waterfront property.. r Chairman Spady called .for persons to speak in opposition o the proposed application. ~ i Upon no one appearing in opposition to the proposed application, Chairman Spady closed the public hearing and. called for comments from 6 r °, anoK ~ ~6Pacc~Q~ the Board. Supervisor Bradby moved the Board concur with the recommendations of the Planning Commission and approve the application of Benns Church Properties. The motion was adopted unanimously (5-0). B. The application of Benns Church Properties to amend the Special Use Permit far .the stockpiling, storage and blending of "Fly Ash" by adding thereto. "BioSolid Ash" at the "Jackson Borrow Pit" site which is located-or. approximately 160 acres of land located off the wesk side of Benns Church Boulevard (Route 10), in Newport Magisterial District. Chairman Spady called for persons to speak in favor of the proposed application. Richard L. Turner stated Benns Church Properties has been notified by the. Hampton Roads Sanitation District (HRSD) that fly ash has been approved for use in utility construction and it is anticipated that the ash can be used in all HRSD projects. Mr. Turner further stated most of the product. will be mixed on-site and is heavily. regulated. Brenda Robinson, Environmental Solutions, stated they are the ash recycling managers for HRSD and entered into. a research project with HRSD three years ago to determine if the ash had structural integrity and was .environmentally safe to use for beneficial applications in the building and. construction industry. Ms. Robinson stated extensive laboratory work and .extensive demonstration projects have .been accomplished. Ms. Robinson stated afive-year contract was entered into with HRSD to develop more beneficial use applications. Ms. Robinson stated an extensive review was done with the Department of Environmental Quality, as well as -the Department of Health and the regulatory agencies involved with. HRSD. Ms. Robinson stated regular testing is mandated by the State regulatory boards to ensure the environmental safety. Ms. Robinson stated by diverting the ash from landfills the cost is decreased for wastewater treatment operations and Environmental Solutions' goal is to make the ash .into a commodity where instead of disposal it will one day be returned as an actual product that HRSD can sell. Ms. Robinson stated HRSD has a product called biogrow that is not incinerated which is an excellent compost and Environmental Solutions is working to incorporate use of the ash with some of .the composting. Phil Robinson, Environmental Solutions, stated Environmental Solutions is confident that one day this material will be 100% recyclable. Mr. Robinson stated a relationship was entered into with Isle of Wight Materials because approvals have been granted from the Department of Environmental Quality to allow this material to be used as a structural. fill for construction applications mixed in with dirt. Mr. Robinson stated Environmental Solutions is on an aggressive schedule to meet with HRSD's engineers, outside engineers, and construction individuals and believes Isle of Wight Materials can play a major role in accomplishing 100% recycling of this product. 7 ~~ .s 1 1 1 cook 1~eacc~O1 Chairman Spady called for persons to speak in opposition to the proposed application. Upon no one appearing in opposition to the proposed application, .Chairman Spady closed the public hearing and called for comments from the Board. In response to Supervisor Brad haw's request for clarification on Condition #8, Henry Morgan, -Isle of Wight Materials, stated a bill of lading will occur with every load that. is received at Isle of Wight Materials which is matched with sales slips on vehicles leaving Isle of Wight Materials. Supervisor Bradshaw stated the Condition does not address how often these bills of lading will be provided to the County.. Julie Darden, Isle of Wight Materials Office Manager, stated all trucks: entering and leaving the facility are .weighed with tickets entered into the system. Ms. Darden stated the County will be provided on a daily basis any tickets entered into the system. Supervisor Cofer moved the Board approve the application with the twelve proffered conditions as recommended by the Planning Commission The motion was adopted. unanimously (5-0}. C. The application, of Wayne B. and Carolyn D. Tomlin fora " change in zoning classification from A-1, Agricultural Limited to Conditional B-1, Conditional Business General, .46 acre of land located on the east side of Colosse Road. (Route 641) between Carrsville Highway (Route 58) and Joyners Bridge Road (Route 611) in Windsor Magisterial District. The purpose of the :application is to operate a taxidermy shop in an existing structure at 31133 Colosse Road.. Mr. Caskey stated the applicant has requested .that. the proposed application be withdrawn. Chairman Spady moved the Board .approve the request of thh applicant for withdrawal of the application.. The motion passed (4-0) wit Supervisor Bradshaw abstaining. // " Supervisor Cofer moved the Board proceed with the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Spady called for the continuation of the Community Development report. D. The request of Hoon K. Lee, lessee, to replace the face of an attached sign for the .convenience store located at the 14526 8 s t ,~ BOOK 16 PACE 1 ~[. Berms Church Boulevard (Route 10/32) located in the St. Luke's Historical District, Newport Magisterial District. Mr. Caskey stated the Historic Architectural Review Committee considered_the matter at their meeting of November 9,1994 and determined that the sign design and location were satisfactory, however, the sign's. yellow. background is not architecturally compatible with .the historic district. Mr. Caskey. stated the Committee unanimously recommended approval of the request to the Board as proposed subject to the applicant modifying the sign background to display a white surface. Mr. Casket'. stated the Committee further recommended that the approved sign face may also apply to any replacement sign face for the detached signage structure serving the convenience store. Supervisor Spivey moved the Board approve the request of Hoon K. Lee with the. recommendations made by the Historic Architectural Review Committee. The motion was adopted unanimously (5-0). Mr. Casket' stated annually the Virginia Department of Transportation and Commonwealth Transportation Board solicit grant applications under the .Transportation Enhancement Program for funding of transportation enhancement projects. Mr. Caskey further stated the funding deadline is January 31, 1995 and localities proposing to submit applications are required to have endorsement by their local governing bodies and that State guidelines advise that this should be done by a public hearing process. Mr. Caskey. stated the County will propose that funding be provided for a . County-wide bikeway plan and for the rehabilitation and reuse of the Boykins Tavern structure located next to the Courthouse facility at an eighty percent Federal funding with a twenty percent local match from private contributions and / or in-kind contributions. Supervisor Bradshaw moved the Board schedule a public hearing to .solicit comments on projects to be submitted for funding under the .Transportation Enhancement Program for the December 15, 1994 meeting. The motion was adopted unanimously (5-0). // At 7:30 p.m., Supervisor Cofer moved -the Board take a recess. The motion was adopted unanimously (5-0). Upon returning to open session at 7:50 p.m., Chairman Spady called for the County Attorney's report. County Attorney Crook advised he had several matters for executive `. session later in the meeting. // . Chairman Spady called for the County Administrator's report. Diane Howard, Tourism Director, requested $2,000 in local funding 9 ~. 1 1 r ,: B~oK 16PACE~O3 to develop a travel promotion package featuring Fort Boykin. Ms. Howard stated eighty percent of the proposed cost would be covered by a grant of Federal Transportation Enhancement funds awarded through the Virginia Department of Transportation. Ms. Howard further stated the funds would not be appropriated until the grant was awarded. , Supervisor Bradshaw moved the Board authorize participation by the County to appropriate the funds contingent upon the award of a Federal grant by VDOT. The motion was adopted unanimously (5-0). County Administrator Standish presented .for the Board's consideration bids which were solicited for a preengineered 40'' by: 50' metal storage building. Supervisor Cofer moved the Board accept-the. low bid of C. Wesley Brinkley & Sons in the amount of $27,672 and authorize the County Attorney to .prepare the necessary contract. The motion was adopted unanimously (5-0). County Administrator Standish stated the Board's agenda envelope contained riverboat gaming legislation considered in-the 1994 session of the General Assembly. Mr. Standish further- stated because of its potential as an alternative source of local revenues this. legislation should be carefully considered by localities wherein gaming operations may be interested in locating. Mr. Standish continued attention should be given to tax revenue sources created by riverboat gaming .legislation and the beneficiaries of .those particular tax revenues. Chairman Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROP1ZlA~1~tJ SIX HUNDRED THIRTY-ONE 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 six hundred thirty-one dollars ($631) from the Commonwealth of Virginia, State Board of Elections, need to be appropriated to the Registrar's salary line item in the 1944-95 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 six hundred thirty-one dollars ($631) to be received from the Commonwealth of Virginia, State. Board of Elections, be appropriated to the line item for the Registrar in the 1994-95 budget of the .County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County lp BOOK 16PAGE~O~ 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 adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE .TWENTY-EIGHT THOUSAND SEVEN HUNDRED NINETY DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, COMPENSATION BOARD AND APPROPRIATE FOUR THOUSAND TWO HUNDRED NINE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE 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, WHEREAS, the funds in the amount of twenty-eight thousand ~ seven hundred ninety dollars ($28,790) from the Commonwealth of Virginia, Compensation Board, and four thousand two hundred nine dollars ($4,209) from the unappropriated fund balance need to be appropriated to the respective constitutional office salary line item 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 of Supervisors of the County of Isle of Wight, Virginia that twenty-eight thousand seven hundred ninety dollars ($28,790) to be received from the Commonwealth of .Virginia, Compensation Board, and four thousand two hundred nine dollars ($4,209) from the unappropriated fund balance be appropriated to the Clerk of Circuit Court salary line item ($3,613),. Commissioner of the Revenue salary line item ($3,880), Commonwealth Attorney salary line item ($2,401), Treasurer salary line. item .($2,405). and Sheriff salary line item ($20,700) 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 the grant and to do all.. the things necessary. to give this resolution effect. The motion was adopted unanimously (5-0). ..County Administrator Standish stated the 1995-96 State budget does not contain funds for reimbursement to any localities of the fringe benefits of constitutional offices. Mr. Standish further stated the County will begin . its next fiscal year with an approximate $100,000 shortfall which equates to appraYimately one cent on the real estate tax rate. Mr. Standish continued this issue is included in the County's legislative package but should be 11 1 1 .., e~ox 16PA~E105 reinforced to the County's legislators. 1 Gerald H. Gwaltney, Commissioner of the Revenue, stated he is the second Vice President for the Virginia Association of Elected Constitutional Officers. Mr. Gwaltney stated the Association met in Richmond today where this issue was discussed and efforts will be -made to ask Senator. Holland to introduce an amendment to the State budget to restore this funding. Sheriff Phelps, a member of the Board of Directors for the Virginia Sheriffs Institute, stated they have also been working on restoring funding and the Executive Director is talking. with representatives throughout the State in an effort to have this presented again at the 1995 session of the General Assembly for an amendment. County Administrator Standish stated the resolution contained in the agenda to appropriate $2,000,000 from the 1994 school bond anticipation note to the school construction fund has been amended to include an 22 990 t a for the County's cost of securing the funds. 1 additional $ ~ o p Y Supervisor Bradshaw moved the Board adopt the following. resolution: RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS FROM THE 1994 SCHOOL BOND ANTICIPATION NOTE TO THE SCHOOL CONSTRUCTION FUND AND TWENTY-TWO THOUSAND NINE HUNDREDS UNECO DOLLARS TO THE GENERAL FUND FOR NOT WHEREAS, .the Board of Supervisors of the County of dIsle 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 Anticipation Note to the school construction fund and twenty-two thousand nine hundred ninety dollars to the General Fund in the 1994-95 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board i of Supervisors of the County of Isle of Wight, Virginia that two million dollars ($2,000,000).. from the 1994 School Bond Anticipation Note be appropriated to the school construction fund and twenty-two thousand nine hundred ninety dollars to the General. Fund in the 1994-95 budget of the. 1 f W' ht 1 County of Is e o ig . 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: • 12 5 BQOK 1V PACE 1O RESOLUTION TO ACCEPT AND APPROPRIATE EIGHTY THREE THOUSAND SEVEN HUNDRED AND FORTY-SIX DOLLARS FROM THE FEDERAL GOVERNMENT' FOR CARRYOVER GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of .Wight, Virginia has received, carryover grants for grant programs; and WHEREAS, the funds in the amount of eighty three thousand seven hundred and forty-six dollars ($83,746) 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 of Supervisors of the .County of Isle of Wight, Virginia that eighty three thousand seven hundred and forty-six dollars ($83,746) be appropriated to the following line items in the 1994-95 School budget of the County of Isle of Wight, Virginia: Chapter I $71,408 Drug Free Schools 12,338. 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 Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND REE HUNDRED AND ONE HUNDRED THREE THOUSAND T'H SEVENTY-SIX DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE SCHOOL FEDERAL GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of Wight, Virginia has received approval for grants for the Drug Free Schools, Carl Perkins Vocational/Technology Entitlement and Preschool Handicapped grant programs; and WHEREAS, the funds in the amount of one hundred three thousand three hundred and seventy-six dollars ($103,376) need to 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 of Supervisors of-the County of Isle of Wight, Virginia that one hundred three thousand three hundred and seventy-six dollars ($103,376) be appropriated to the following line items in the 1994-95 budget of the County of Isle of Wight,. Virginia: - 13 ., BOOif 1V PAGE'~~~ 1 1 1 Drug Free Schools $27,565 Carl Perkins Vocational/ Technology Entitlement $71 645 Preschool Handicapped $ 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 #hngs .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 TWENTY-TW10 ~OUSAND NINE HUNDRED. FIVE DOLLARS FRO 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 twenty-two thousand nine hundred five dollars ($22,905) need to be appropriated from the 1990 bond issue proceeds to the Landfill Closure line item 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 twenty-two thousand nine hundred five dollars ($22,905) from the. 1990 bond issue proceeds be appropriated to line item 14.09-094-9419E-7016A Landfill Closure 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 adopted unanimously (5-0). County Administrator Standish reported for the fourth month of the fiscal year $21,168.38 was collected by the delinquent tax attorney at a cost t© the County of $2,120.84, which represents 10% of the amount collected. Chairman Spady requested the tax collection attorney. provide "the Board a status report on the larger delinquent taxes which remain uncollected by the delinquent tax attorney. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION IN SUPPORT OF APPROPRIATE STATE.. FUNDING FOR THE VIRGINIA COOPERATIVE EXTENSION SERVICE 14 eno~ ~ .16 Pace 103. Whereas, Virginia Cooperative Extension is a joint program of Federal, State, and local governments in cooperation with Virginia Tech and Virginia State Universities and contributes significantly to the quality of life and economic. development of the. Commonwealth of Virginia through educational programs and services that are available to every resident of the Commonwealth without regard to socio-economic status, race, age, or any other consideration; and, WHEREAS, a 1992 study conducted by the Virginia Department of Planning and Budget cited Virginia Cooperative Extension as a major player in prevention and early intervention programs which are delivered to residents via local agents and volunteers; and, WHEREAS, since 1989, Virginia Cooperative Extension has lost 60 extension agents statewide and Virginia Tech's .1995 budget amendment request represents a restoration of funding to the levels necessary to allow existing programs to continue and if this funding is not restored, an additional 45 ,Extension positions will be lost, and 29 in the Agriculture Experiment Statian. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the Virginia Cooperative Extension Advisory Committee. ar<d the newly created Virginia Cooperative Extension Council do hereby formally endorse Virginia Tech's 1995 Budget Amendment request of $2,898,000, with $1,500,000 for Cooperative Extension and $1,398,000 for the Experiment Station and that Virginia State University°s General Fund support for Cooperative Extension be maintained at current levels. BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Isle of Wight,. Virginia that the Virginia Cooperative Extension Advisory Committee and the Virginia Cooperative Extension Council encourage local Extension Leadership Councils to promote the intent of this resolution to appropriate state and local officials. The motion was adopted. unanimously (5-0). County Administrator Standish stated the Governor has granted an additional one-half day State holiday the Wednesday prior to Thanksgiving and the Board may wish to consider doing the same for its employees. Supervisor Bradby moved. the Board grant County employees one-half day off on November 23, 1994. The motion was adopted unanimously (5-0). County Administrator. Standish noted a plaque and map of Isle of Wight England prepared in the year 1805 which was presented to the Board by Isle of Wight England visitors during their visit in September. s~ / Chairman Spady called for Old Business. 15 1 1 ,. ., 1 1 - BOOK ~V PAGE 1O9 A. Application of Arnold B. Smith fore a change in zoning classification from A-1, Agricultural Limited, to Conditional M- 1, Conditional Industrial Limited, approximately .5 acres of land located on the south side of Norsworthy Drive (Route 670), between Reynolds Drive (Route 665Tt Ma isBter al rDistrict. Boulevard (Routes 258/32), m Newpo g The purpose of the application is for storage of contractors equipment and landscaping materials.. " William Riddick stated he spoke with County Attorney Crook after the October 20, 1994 meeting and Mr. Crook did not .believe .the matter should be treated as a special use and he (Mr. Riddick) has drafted a letter to the Board. adding a proffered condition that the conditional zoning, if granted, would be exclusive to Mr. Smith and only effective while he owned the property. Chairman Spady moved the Board approve the application of Arnold B. Smith with the conditions as proffered. The motion was adopted unanimously (5-0). B. Virginia Retirement System -Adjustment County Administrator Standish. stated in the General Assembly's summer session two classes of VIZS participants were created, those covered by a 3% increase in their monthly benefit and those not covered which effective July 1, 1996 will cost the County an additional $23,400. Mr. Standish further stated he was requested by the Board to contact the County's legislative delegation and the State office. Mr. Standish continued f he did not believe the General Assembly would give the County any additional funds ir- the 1995 session. Mr. Standish recommended the Board participate and advised if the County acts before the end of this caler-dar year the County will parallel when the State implemented the matter. Mr. Standish stated if the Board waits until after the year to approve it, the retirees will benefit from it at that point in time. M. Christine Ledford, Director of Budget & Finance, stated the VRS does not have to be a qualified plan and is entitled to two types of employees, however, an independent business owner who has a retirement: plan must have a qualified plan in order to deduct a payment for tax purposes. Ms. Ledford stated it is .her understanding that payments are. F made through the. Compensation Board through their fringe benefits. " Chairman Spady moved the matter be tabled and placed under Old Business for further consideration. The motion was adopted ,unanimously (5-0). Supervisor Bradshaw requested Mr. Caskey to follow up on the right- of-way status for each road in the Six-Year Plan. Chairman Spady moved the Board request staff to write VDOT regarding the cost of raising the Jones Creek Bridge to heights of 15 and/or 17 feet. The motion was adopted unanimously (5-0). B~oK 16 PASS 110 Chairman Spady moved the Board appoint Supervisor Spivey to the Board's Parks & Recreation. committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw stated he plans to meet with Supervisor Bradby and Donald Robertson concerning the County's Personnel Policy. Supervisor Bradshaw requested the status of the audit report. County Administrator .Standish stated the audit report is near completion and must be .submitted to the State prior to December. Mr. Standish further. stated the auditors will be at the Board's December 15, 1994 meeting to provide a status report. Supervisor Bradshaw requested the County .Administrator to report on trash collection sites at the Board's December 15, 1994 meeting. Supervisor Bradshaw requested a report on the status of the map room at the Board's December 15, 1994 meeting. // Chairman Spady called for New Business. Alan Nogiec, Director of Parks & Recreation, stated the Virginia Chapter of the American Poultry Breeders Association has awarded the County Fair the blue ribbon in the category of .poultry shows across the State. Mr. Nogiec further stated regarding the financial summary, he will request the Board to waive the fee for the Building Official's Office in the amount of $766.90 and that the Board .Chairman, County Administrator .and Fair representatives meet to formulate a :plan to cover the shortfall this year, and assure the financial stability of future County Fairs Supervisor Bradshaw moved the Board waive the fee for the Building Official's Office in the amount of $766.90 and .that .the Board Chairman, interim County Administrator and Fair representatives meet to formulate a plan to cover the shortfall this year, and assure the financial stability of future County Fairs. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved - the Board establish a committee consisting of the Board Chairman, interim County Administrator and representatives. 'of the Fair Committee. The motion passed (4-1) with Supervisors Bradshaw, Bradby, Cofer and Spivey voting in favor of the motion and Chairman Spady voting against the motion. ' Chairman ;Spady requested the County Attorney to report on small claims courts. at the Board's December 15, 1994 meeting.. // Chairman Spady called for Appointments. 17 ... eooK 1~ Pact 111. County Attorney Crook stated regarding Supervisor Spivey's desire to serve as an alternate member on the Western Tidewater Regional Jail Authority he would have to investigate the possibility of whether or not Supervisor Spivey would have a conflict of interest if appointed since he is an adult probation officer for the district. Supervisor Spivey moved the Board appoint Wesley. Ray Holland to the Planning Commission representing the Windsor District to fill the unexpired term of Lud Lorenzo Spivey which expires in February of 1996. The motion was adopted unanimously (5-0). Supervisor Bradshaw .moved the Board appoint Linda Boone- Randolph to the Youth Services Advisory Board for athree-year term which will expire in November of 1997. The motion was adopted unanimously (5- 0). Supervisor Bradshaw moved the Board appoint Katherine Kee as the youth member on the Youth Services Advisory Board for cone-year term which will expire in November of 1995. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board appoint Eleanor Hawkins to the Youth Services Advisory Board for athree-year term which will expire in November of 199?: 1 Supervisor Cofer moved the Board appoint Arthur Allmond to the Youth Services Advisory Board for athree-year term which will expire in November of 199?. // Chairman Spady called for approval of the October 20,1994 minutes.. Supervisor Cofer moved ,the Board adopt the October 20, 1994 minutes. The motion was adopted unanimously (5-0). 1 I County Attorney Crook requested an executive session- pursuant to Sections 2.1-344 A1., 3., and ?., of the Freedom of Information Act for advice of counsel and staff concerning contract negotiations and land acquisition, personnel, potential litigation and other legal matters requiring advice of r legal counsel. At .9:30 p.m., Chairman Spady moved the Board enter executive session for the reasons stated by the County Attorney. Upon returning to open session at 11:30 p.m., Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXE~'i TTIVE MEETING 18 A dno~ ~.fi PacE 1~.2 WHEREAS, :the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; ~ . NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as .were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors.. VOTE } AYES: 5 .:,' NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct staff to post the County Administrator's job vacancy pursuant to the Personnel Policy of the County for promotion within the County.. The motion was adopted unanimously (5-0). // At 11:32 pm, Supervisor Cofer moved the Board adjourn. The motion was 'adopted unanimously (5-0). O. A. Sp ,Chair Myles. .Standish, Clerk 19 ~.