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11-20-1997 Regular Meeting.-~ ~ { +c, REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady Malcolm T. Cofer Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 6:00 p.m. and delivered the invocation. // Chairman Bradby indicated the following Consent Agenda included Item 1, A through C, and asked if there were any items for removal: A. Delinquent Real Estate Tax Collection Monthly Report B. October 16, 1997 Meeting with General Assembly Delegation C. October 16, 1997 Regular Meeting Minutes There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda. The. motion was adopted unanimously (5-0). // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer, VDOT, referring to a letter from Jonathan W. Hartley, Director of Planning and Zoning,. dated October 24, 1997, briefed the Board on the status of the bridge over Blackwater River on Route 58 Business. Mr. Neblett stated the project is in the scoping stage and is the replacement of the existing bridge. Onceadditional information is developed, VDOT will be in a position to discuss the bridge with County officials and the City of Franklin, stated Mr. Neblett... Supervisor Bradshaw notified Mr. Neblett that the Board would like to be involved concerning the project and receive information, as appropriate. I 8041! ~7 ~ 4::~ 4`~3 Regarding the status of the Route 260 Connector project to provide a connector for truck traffic between Route 58 and Route 25$, Mr. Neblett stated the Army Corps of Engineers has advised. that several concerns should be addressed regarding the proposed alignment. VDOT is currently in the process of discussing said concerns relative to wetland impacts, stated Mr. Neblett. Regarding Muddy Cross Road (Route 620), Mr. Neblett stated VDOT has ..received some of the necessary rights-of--way and the Contract Administrator is in a position now to move ahead with acquisition of the remainder of the right- of-ways. . Regarding Raynor Road (Route 681), Mr. Neblett stated VDOT is in the process of beginning the design work with an advertisement date for bids.to contractors of July, 1999. Henry Bell noted his concern with the estimated construction timeframe of 2000/2001 and requested the Board assist in getting the project to move forv~ard. Regarding ongoing construction projects, Smith's Neck Road (Route 665), reconstruction of an existing hard surface road, Mr. Neblett stated this project has been completed this week. Construction on West Blackwater Road (Route. 603) should, be complete within the next thirty (30) days. Waterworks Road (Route 709) is presently under construction with an expected completion date of next Spring. The contractor has recently begun the center turn lane project on West Main Street (Route 258) with completion scheduled for late Summer or early Fall of 1998. The bridge and road component of the Cypress Creek Subdivision is a privately funded project and is anticipated to be complete next week. Regarding the Rescue Bridge project, Mr. Neblett stated the contract was terminated due to problems with fill and VDOT is presently attempting to identify alternatives to determine the best means to proceed. Regarding the flooding of :the causeway in the vicinity of the Rescue Bridge, Mr. Neblett stated VDOT's Materials Section is currently reviewing the matter and may be able to temporarily resolve the issue. Regarding flooding in the Jamestown/Camptown community, Mr. Neblett noted VDOT may review other alternatives to carry the water through the Franklin. Equipment Company property because the current elevation of the existing pipe can not be changed. Mr. Neblett further stated the VDOT Traffic Engineering Section is reviewing the feasibility of installing a pedestrian crossing light at the intersection of Jamestown Lane (Route 691) and Carrsville Highway (Route 58 Business}. Supervisor Claud requested the status of the drainage .problem on Courthouse Highway (Route 258}. i Mr. Neblett responded that VDOT personnel are in the process of eoeK 17 ~~;~4~4 reviewing what can be done at this location to relieve the problem. Supervisor Claud notified the Resident Engineer of broken pavement along the roadway edges on Oliver. Drive and requested his assistance in resolving this problem. Clarence Wright, Sr. petitioned-the Board to request VDOT install a 35 mph posted speed limit sign along West Blackwater Road. Supervisor Claud moved the Board direct staff to request that VDOT perform a speed limit study and that staff contact the Sheriffs Department and the State Police and request them to perform a speed check in the meantime... The motion was adopted unanimously (5-0). James C. Vine, Jr., requested the Resident Engineer investigate the ditches along Route 603 and contact Mr. Vine regarding his findings. Arthur Diggs requested the Board's assistance in having Muddy Cross Road paved due to unsafe conditions. Supervisor Claud noted he would coordinate a community meeting between the residents and VDOT concerning proper maintenance of Muddy Cross Road. Stewart .Feeling requested white lines be painted along the length of the roadway on Turner Drive past Smithfield High School. James Joyner noted his concern with the old bridge and heavy vehicular traffic on Bows and Arrows Road. Mr. Joyner also noted a complaint of broken pavement and tree limbs over the roadway. Supervisor Bradshaw moved the Board refer the traffic complaint of James Joyner concerning enforcement of the current speed limit on Bows and. Arrows . Road to the Sheriffs Department and. request action be taken. The motion was adopted unanimously (5-0). Gayle Lundy noted inadequate security, disrespect among drivers traveling the road, inappropriate dumping of trash and limbs hanging over .the. roadway on Muddy Cross Road. Ms. Lundy further noted a missing sign on Turner Drive. /! At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was .adopted unanimously (5-0). // I5 I~ 1 BOOK ~~ ,;,?~4~5 Chairman Bradby called for a public hearing on the following: A. An Ordinance to Vacate Recreation Area.Designation from Lot 16, Bayview Subdivision Chairman Bradby called for citizens to speak in favor of or in opposition, to the proposed Ordinance. Robert Jones, Attorney, representing Henry Barrett and wife, adjoining property owners who have purchased the lot, noted all lot owners in the subdivision have waived their right to use the recreation area. Chairman Bradby closed the public hearing and called for comments from the Board. County Attorney Crook explained that the Board previously had an ordinance requirement that a certain amount of land must be set aside for recreation within proposed subdivisions and in 1981 this requirement was repealed by the Board of Supervisors. Supervisor Spady moved the Board adopt the following Ordinance:. AN ORDINANCE TO VACATE RECREATION AREA DESIGNATION FROM LOT 16, BAYVIEW SUBDIVISION WHEREAS, the subdivision plat entitled "BAYVIEW SUBDIVISION", PROPERTY OF P. A. WHITE, ISLE OF WIGHT COUNTY, VIRGINIA," made by John W. Lawson, Cert. Land Surveyor, Dated October 1, 1975, revised April 1, 1976, is recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, in Plat Book 7 at page 54 on June 3, 1976; and, WHEREAS, at the time of the approval of said subdivision plat by the Board of Supervisors of Isle of Wight County, Virginia, the Subdivision Ordinance of Isle of Wight County, Virginia, in Section 4-4-13 thereof, required all subdivisions often acres or more to have at least five percent of the total area reserved for parks, playgrounds, and recreational purposes, and Lot 16 of Bayview Subdivision consisting of 30,141 feet, more or less, was designated as reserved for "RECREATION AREA" on said .plat in accordance with said Subdivision Ordinance; and, WHEREAS, the owners of Lot 16 of Bayview Subdivision, by their attorney, have requested the Board of Supervisors to vacate from said Subdivision plat the language "RECREATION AREA" designation on Lot 16 of said plat so that said lot may be developed and used for residential purposes; and, WHEREAS, the requirement for recreational area to be set. aside in subdivisions often acres or more was repealed by the Board of Supervisors of Isle of Wight County, Virginia, on or about December. l7, 1981; and, WHEREAS, the General Assembly of Virginia has authorized governing. bodies of counties or municipalities to vacate a plat or part thereof by ordinance upon application of any interested person after giving notice as required by Section 15.1-431 of the Code of Virginia; and, WHEREAS, the governing body has, pursuant to Sections 15.1-482 and 15.1-431 of the Code of Virginia, given notice of a public hearing of said governing body for the adoption of the vacation of said portion of said plat and, after hearing from interested persons and the public in general, the Board of Supervisors of Isle of Wight County is of the opinion that the language on said plat to be vacated serves no useful purpose and that the citizens of the County. as well as the subdivision in question would be better served by a vacation of said portion of said plat and removal of said designation thereon. NOW, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the language "RECREATION AREA" on Lot 16 of the Bayview Subdivision plat dated October 1, 1975, revised April 1, 1976, recorded in the Clerk's office of the Circuit Court of Isle of Wight County, Virginia,. in Plat Book 7, page 54, on June 3, 1976, be and the same in hereby vacated and removed from said plat and said lot should no longer be designated as reserved for recreation area under the Subdivision Ordinance of Isle of Wight County, Virginia, said Section 4-4-13 thereof, which required said reservation, having been repealed by the Board of Supervisors on December 17, 1981 and no longer in effect. The motion was adopted unanimously (5-0). B. An Ordinance to Amend Table 16.1.9 of Section 16.1.9 of the Isle of Wight County Code to Eliminate the Step 2 Rate Increase .for Unmetered Bi-Monthly Water Usage Charges Chairman Bradby called citizens to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradby closed the~public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND TABLE 16.1.9 OF SECTION 16.1.9 OF THE ISLE OF WIGHT COUNTY CODE TO ELIMINATE THE STEP 2 RATE INCREASE FOR UNMETERED BI-MONTHLY WATER USAGE CHARGES WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for rates and regulations on water usage Chapter 16.1 of the Isle of Wight County Code on November 21, 1996;. and, eooK ~17 ~,;~~4~7 ' WHEREAS, Table 16.1.9 of said Ordinance provided. for a Step 2 Rate increase. for unmetered bi-monthly water usage charges to become effective January 1, 1998; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia deems it to be in the best interest of the citizens of Isle of Wight County to amend .said ordinance to eliminate said Step 2 rate increase for unmetered bi-monthly water usage charges. NOW, THEREFORE, BE IT AND IT IS HEREBY ordained that Table 16.1.9 of Section 16.1.9 of said ordinance be amended to read as follows: Tabk 16.1.9 Bi-A"onthly Water Llsa¢e ar¢as Meters up to and including 3r4 inch $~ 1 Rate ~1SL''.'BOIf` Service Area 1 ~"-revs I inch and Lamer 1 inch meter 545.00 ~ S I . I S~TG -bTG 556.1x1 + S2.tx)TG. fiTG 1-1l2 inch meter S50.tN) - 51.15,TG.~6TG 563.00 + S2.tx)'TG 6TG 2 inch meter 5641x) - S 1.15;TG 6TG 586.(x) - S2.txrTG fiTG Larger than 3 inch to be determined by the County to be determined by the CounR• Notes: 1) TG :Thousand gallons. or portion thereof 2) : In eecess of 3) Unmeterod customers. when that' become tnetcned. wi8 pay (metered charges in etTxt of the time for their kxatiat a meter size 4) Step I rates will become etl'ective for all bills rendered attar January 1.1997. Step 2 rotes will become etTa:tivc for all bills rendered atler January 1.1948. Gatling Pointe. Waterford Qaks. Hidden Acres. Smithfield Plaza. Thomas Park. Brnns Church Ikvelopment Metered 533.(x) z SI.IS/TG:- 6TG 540.00 t S2.o0rTG`~6TG Llnmetered 532.00 532.00 ' Sandy Point Manor. Bethel Heights. SmithtieW Heights. C.L. Obrey. Brnns Church. Tormrntor Creek. Days Point. Rushmerc. Burwell's Bad Metered 540 fix) - SI:ISTG 6TG 540.(10 - S2,txrTG'fiTG Unmetered S33.tx) 532.00 Cariabrook Matcred S4t1.tN) - SI.1 S/TG •6TG Sao,txi - S2.txhTG -6TG Unmeterat S33.tx1 S32.tx) Caravitle. 7.uni Metered 5411.1x) - 51.15/TG > 6TG $40 tN) } S2.(xrTG~l+TG 1Jnmetered S33.tx) S32.tx) Batten' Park Matcred SaO.txt . S 1. I S/TO> 6TG 540.(x) + S2.tx),?G-6TG Unmetered S321x1 532.00 Courthouse Matcred S40.iN) - S1.lS,TG~ 6TG S40.tN) ~ 52.00?G 6TG LJnmetered S32.tx) S32.tx) Unmeterad (Courthouse) S4t18.66 5408.66 The motion was adopted unanimously (5-0). Regarding the Vineyard applications, County Attorney Crook noted there is a request for a Conditional Use. Permit under the Community. Development report and he suggested the Board hear the applications simultaneously. The application of Annie M. Vineyard for a change in zoning classification from RAC to Conditional SE approximately 32 acres of land located off the northside of Lankford Lane (Route. 660) in Newport Magisterial District. The purpose of the application is for no more than five (5) single family residential lots, as conditioned. . The application of Annie M. Vineyard for a Conditional Use Permit to allow private horse stables on five (5) single family residential lots pending rezoning to Conditional SE, located off the north side of Lankford Lane (Route 660) in Newport Magisterial District. Supervisor Claud moved the Board hear the application for a Conditional Use Permit simultaneously with the application. for a change in zoning. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed applications. .Samuel Glasscock, attorney, appeared on behalf of the Vineyards. Mr. Glasscock stated the proposed homes would cost approximately $275,000 if approved and sixteen acres would be conveyed to the adjacent landowner to be used for agricultural purposes. One of the lots would be on Route 660 and four lots served by an existing .private ,road. Mr. Glasscock. stated VDOT .has indicated the arrangement is satisfactory and the site contains two ponds, one .existing and one to be constructed. Six acres ,would be set aside as an environmental conservation area, stated Mr. Glasscock. Supervisor Spady moved the Board approve the application of Annie M. Vineyard for a change in zoning classification from RAC to Conditional SE. The motion was adopted unanimously (5-0). ..Supervisor Spady further moved .the .Board approve the application of Annie M. Vineyard for the Conditional Use Permit for private horse stables. The. motion was adopted unanimously (5-0). . The application of the Commonwealth of Virginia, owner and the Isle of Wight County Board of Supervisors, prospective owner for a Special Use Permit to operate an unattended solid .waste collection/convenience center on approximately 10,000 square feet of land located on the north side. of Burdette Road (Route 619) between Sparrow Lane and Walters Highway (Route .258) in Windsor Magisterial District. (Tabled 10/16/97). Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. James Joyner spoke in favor. Chairman Bradby closed the public hearing and called for comments from the Board. I~ 1 1 B04K ~~ :,,..~,:1J Supervisor Bradshaw moved the Board approve the application of the Commonwealth of Virginia. The motion was adopted unanimously (5-0). Supervisor Spady requested the Director of Public Works contact him prior to beginning improvements on the site. // Supervisor Cofer moved the Board return to the regular. order of the agenda. The motion was adopted unanimously (5-0). ~/ Chairman Bradby called for Citizens .Comments. Citing a financial hardship, Frances Anne Brown requested the Board waive the appropriate fees for installing a handicapped ramp at her mother's home. Supervisor Bradshaw moved the Board waive the Zoning and Building Permit fees to allow Ms. Brown to build a ramp onto her mother's home.. The motion was adopted unanimously (5-0). // Chairman Bradby called for the Community Development report. Jonathan W. Hartley, Director of Planning and Zoning, presented the following for the Board's consideration: The application of Donald Benton, owner and H. Gregory Kilduff, prospective owner for a Conditional Use Permit. to operate a bed and breakfast facility on approximately five (5) acres of land located on the east side of Old Stage Highway (Route 10) south of Burwells Bay Road in Hardy Magisterial District. " Supervisor Cofer moved the Board approve the application of Donald Benton. The motion was adopted unanimously (5-0). The application of Moses Alexander for a Conditional Use Permit to locate a mobile home to be occupied by daughter, Yulanda Shivers, on 1.25 acres of land located at 5283 Old Stage Highway in Hardy Magisterial District. .. Mr. Hartley noted the applicant has requested that the application be withdrawn as it has caused controversy in their neighborhood. Mr. Hartley noted the applicant has also requested a refund of their application fee and Board of Zoning Appeals variance fee. Mr. Hartley noted the County has incurred expenses in advertising and staff preparation. Supervisor Bradshaw moved the Board accept the withdrawal request of the applicant. The motion was adopted unanimously {5-0). Chairman Bradby requested Mr. Hartley to inform his staff that they are to verbally inform applicants that there will be no refund of fees. The application of Johnnie Bowser Estate for a Conditional Use Permit to locate a mobile home. to be occupied by Regina Holloman, .granddaughter, on 1.5 acres of land located at 13637 Track Lane in Hardy Magisterial District. Citing a concern with adding a third mobile home in the neighborhood, Supervisor Cofer moved the Board deny the application of Johnnie Bowser Estate. The motion was adopted unanimously (5-0). Resolution of the Isle of Wight County Board of Supervisors.. Supporting the Designation of the James River as an American Heritage River. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION OF-THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS SUPPORTING THE DESIGNATION OF THE JAMES. RIVER AS AN AMERICAN HERITAGE RIVER WHEREAS, local governments, corporations, and nonprofit entities along the James River desire to collaborate through a public private Partnership to identify and pursue common goals; and WHEREAS, the American Heritage Rivers Initiative assists broadly supported community-based efforts to revitalize local rivers and their related communities and waterfronts, and is responsive to the diverse needs of different kinds of communities, from central cities to rural areas; and WHEREAS, the American Heritage Rivers Initiative integrates state, local, federal and private expertise and resources to .achieve community identified complementary goals, including economic development, natural .resources management, environmental protection and historic preservation; and WHEREAS, designated American Heritage Rivers and their river front communities will receive improved access to federal support, information and financial and technical assistance; and .. .~ r eooK 17~:~:-5Q1 WHEREAS, the James River is America's River, where our nation began, . the cradle of democracy, the home of numerous presidents and American leaders and the birthplace of private ownership of land; and WHEREAS, the American Heritage Rivers Initiative is a voluntary program, which is committed to ensuring that private property, water and other rights are fully respected and protected, and will have no adverse impact on local land use authority; and WHEREAS, .thee James River far exceeds the criteria for American. Heritage Rivers because of its rich history,. culture, natural and scenic resources, economic development and community involvement; and WHEREAS, the Hampton Roads Planning District Commission has participated in the work of the James River Heritage Partnership on behalf of the Region and Isle of Wight County to develop the application for designation of the James River as an American Heritage River; and WHEREAS, Isle of Wight County contains numerous natural and cultaral features which contribute to the quality and character of the valuable heritage of the James River; and WHEREAS, in particular Isle of Wight County contains Fort Boykins, one of the earliest military fortifications constructed in America which was started in 1623, has been involved in every major campaign fought on American soil, and is now maintained by Isle of Wight County Parks and Recreation. NUW THEREFORE BE IT RESOLVED, that the Isle of Wight County Board of Supervisors supports the designation of the James River as an American Heritage River and cages the President of the United States to declare the James River as the first often. American Heritage Rivers to be designated in 1998; and FURTHERMORE, the Isle of Wight County Board of Supervisors agrees to work with other communities along the James River to accomplish the goals set forth in the James River Nomination. The motion was adopted unanimously (5-0). Mr. Hartley suggested the Board begin to think about appointing an advisory committee to guide staff in preparing the Comprehensive Plan as it is time for the County to begin the process of reviewing and revising the Plan. // Chairman Bradby called for the Public Utilities report. Baez 17.~:5a? E. Wayne Rountree, 1'.E., Director. of Public Utilities, reported he had . nothing for consideration by the Board. // Chairman Bradby called for the County Attorney's report. County Attorney Crook notified the Board that Norfolk/Western Railroad wishes to include a hold harmless indemnification clause and he will speak with their attorney in the near future to resolve this issue. County Attorney Crook noted that he and the County Administrator had recently met with a representative of the Blackwater Baptist Association of Virginia regarding their request to use County property for an exhibition. The Association has now. advised that it does not desire to use the property for its mission fair in March of 1998, but would prefer to have it held indoors due to the possibility of inclement weather, stated Mr. Crook. County Attorney Crook stated he has received correspondence from .the Superintendent of Building Inspections regarding a request to amend. the Building Code to include civil penalties, as well as criminal penalties. Mr. Crook stated he has prepared an amendment to the Building Code under the statute to provide for both. Supervisor Claud moved the Board. authorize the County Attorney to advertise the Ordinance for public hearing. The motion .was adopted unanimously (5-0)._ // Chairman Bradby called for the County Administrator's report. County Administrator Casket' presented for the Board's consideration a proposed 1998 Legislative Priority List. to be presented to the 1998 Session of the General Assembly. Mr. Casket' distributed correspondence received from the School Board advising that the School Board had also adopted a list of legislative priorities. ~ . Supervisor. Cofer moved the Board authorize staff to send a letter to the General Assembly representatives and Congressional delegation in opposition of the proposed alignment of the Third Congressional District. Mr. Robertson was requested by Supervisor Bradshaw to change # 1 under the Proposed 1998 Legislative Priority List to "Transportation Funding for Realignment/Widening of Route 258 from Smithfield to Route 58 Carrsville Highway. .. .: Bfl~~ ~.7.~:~~03 Supervisor Bradshaw requested staff draft a plan of action on how the • legislative package will be implemented. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S DELEGATION TO THE 1998 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, 1 1 WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as well as with. matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board. of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the 1998 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). Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, stated he has shared information regarding. the emergency sheltering plan with the Director of Social Services and the County's Emergency Services Coordinator. Mr. Robertson stated he would like to get additional staff .feedback on the proposed policy and present this to the Board. for its consideration in the near future. Supervisor Spady directed. Mr. Robertson to proceed with soliciting employee input in the proposed policy. County Administrator Casket' stated the Board previously entered into an agreement with the Cities of Suffolk and Franklin and the Counties of Brunswick, Greeneville and Southampton. to proceed with commissioning a needs assessment. for a proposed regional juvenile detention center to serve western Tidewater communities. Mr. Casket' stated the consultants have now completed their study and he will return with additional information as to the .financial obligation of the County in the future. BOCK ~~ -.; )04 County Attorney .Crook inquired if the expected amount of usage. by jurisdictions was based on prior .years usage. County Administrator Caskey replied that he believed that was the case. Mr. Crook said that because of the overcrowding and distance involved with the Chesapeake facility the County's usage has been limited. He stated that if a new facility were constructed nearer to or in Isle of Wight with adequate space the County would use it more and the usage of the respective jurisdictions would increase, especially Isle of Wight's. County Administrator Casket' noted the consultant is aware of this and is currently. proposing whether or not this should be a forty-bed facility or a sixty- bed facility. Supervisor Spady noted the consultant should have interviewed the juvenile judges to determine an idea of the number of violators. Supervisor Spady further .noted the City of Franklin underestimated the amount needed in its participation in the Western Tidewater Regional Jail, therefore, it did not have to put up as much money upfront. County Administrator Casket' stated he would communicate back to the consultant and participating jurisdictions that the Board wishes the judges to be interviewed. Supervisor Bradshaw moved .the Board direct staff to take the Board's concerns to the rest of the localities and consultants .associated with the juvenile center. The motion was adopted unanimously (5-0). Ms. Seward stated the self-funded health insurance plan will be renewed in March of 1998. In this regard,. she would suggest the Board appoint an insurance committee consisting of the Budget and Finance Director, the Human Resources Director, a representative of the Constitutional Officers, a representative for Social Services, a Board member and a County employee. Supervisor Spady moved the Board approve the concept of an .Insurance Committee, as recommended by the Budget and Finance Director and appoint the County Administrator and appropriate County staff in lieu of a Board member. The motion was adopted unanimously (5-0). Ms. Seward stated the County's self-funded insurance plan has suffered. financial losses over the course of the last several years due to mishandling of claims processed by the.County's previous third party administrator. The County has obtained a judgement against the third party administrator in the amount of $140,000 and the self insurance fund is now experiencing losses due to major claims being processed which exceed the County's stop loss amount of $20,000. In order for the County to fund these claims, the County would need a loan from the General Fund. and she is proposing a loan in the amount of $75,000 to the self insurance fund which will be repaid to the General Fund as soon as funding is adequate. i~ ao~K ~7 .~:~ 50 Supervisor Claud moved the•Board adopt the following resolution: RESOLUTION TO AUTHORIZE A LOAN OF SEVENTY FIVE THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE TO THE COUNTY SELF-FUNDED HEALTH INSURANCE PROGRAM TO FUND CLAIMS PROCESSED WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, hereby agrees and authorizes an interest free loan of seventy five . thousand dollars ($75,000) to the County self-funded health insurance program to fund claims. processed with flexible repayment terms to be made when available funding is sufficient per the discretion of the Budget and Finance Director; and, WHEREAS, the funds in the. amount of seventy five thousand ($75,000) need to be appropriated from the unappropriated fund balance of the General Fund for a loan to the County self-funded health insurance program to .fund claims processed.. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seventy five thousand dollars ($75,000) be appropriated from the unappropriated fund balance of the General Fund for a loan to the County self-funded health insurance program to fund claims processed in the 1997-98 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED 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). 1 Ms. Seward informed the Board that the bids for the utility bonds and new Windsor Elementary School bonds were opened and .the County will pay an average of 4% for the next twenty (20) years for the Windsor Elementary School construction. The percentage on the utility bonds is 5.21 % for twenty-five years. The County also maintained a bond rating of A2 noted Ms. Seward. -County Administrator Caskey distributed correspondence received from the Hampton Roads Partnership and noted the next meeting of the Hampton Roads Partnership Board of Directors is scheduled for Thursday, December 18, 1997 at 10:00 a.m. in the Chesapeake Conference Center. County Administrator Caskey reminded the Board of the State of -the oun Breakfast scheduled for tomorrow, November 21, 1997 at 8:00 a.m. at C ty the Windsor Community Building in Windsor.. Chairman Bradby called for Old Business. Amendment to Chapter 7, Article 8, Section 7-1-1 of the Isle of Wight County Code to Provide-New Regulations for Open Burning County Attorney Crook. reminded the Board .that it tabled consideration of this issue until staff had interviewed other localities to detenmine how they are handling this issue. Supervisor Spady moved the Board not adopt the Ordinance. The motion was adopted unanimously (5-0). County Attorney Crook notified the Board that he and Mr. Rountree had met with the representatives of the .engineering firm regarding the Windsor sewerage system that is two months behind schedule due to various reasons and the firm has promised to have the project ready for bid by February 1, 1998. Supervisor Spady moved the Board commence its meeting at 4:30 p.m. on December 18, 1997 for purposes of conducting a work session with VDOT representatives. Staff was directed to also invite the General Assembly members. The motion was adopted unanimously (5-0). // Chairman Bradby calledfor New Business. There was no new business offered for discussion by the Board // Chairman Bradby called for Appointments.. Supervisor Spady moved the Board appoint John Springfield, representing the Newport District on the Planning Commission, to fill the unexpired term of Robert P. Leber.. Mr. Springfield's term will expire in February of 1999. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board reappoint Grace Keen, representing the Newport District on the Commission on Aging, for an additional three-year (3) term. Mrs. Keen's term will expire in October of 2000. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Herb DeGroft and Alan Monette (alternate) to the Regional Flag Jury Panel. The motion was adopted unanimously (5-0). ,•. ,~ 1 // eooK ~? -~:~ X07 Supervisor Claud requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act concerning acquisition and/or use of public .property for public purposes. Supervisor Spady requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act concerning advice of counsel for legal matters . requiring legal advice. Supervisor Spady moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETINC* 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. lA 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 unanir ~~ ea~x 17 ~~.:~~OS Supervisor Cofer moved that the Board appoint one member from the Planning Commission and two other individuals from each election district (for a total of 15) to the Comprehensive Plan Advisory Committee. The motion was adopted unanimously (5-0). // At 8:42 p.m., Supervisor Bradshaw moved the Board adjourn. The motion. was adopted unanimously (5-0). Henry H. Bradby, Chairman W. Doug key, Cler