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09-03-1998 Regular MeetingeooK ~8 ~~~~~.~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY EIGHT. PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Henry H. Bradby ABSENT: 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 Claud called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Spady. The Pledge of Allegiance was delivered. // Chairman Claud indicated the following Consent Agenda included Item 1, A and B, and asked if there were any items for removaL• FY1999 Senior Services of Southeastern Virginia Agreement August 6, 1998 Regular Meeting Minutes Supervisor Cofer moved the Board adopt the Consent Agenda. The motion was adopted unanimously (4-0). Chairman Claud publicly thanked the individuals who were involved in manning the shelters during Hurricane Bonnie. . // Supervisor Cofer moved the Board amend the regular order of the agenda in order to conduct a public hearing at this time. The motion was adopted unanimously (4-0). Chairman Claud called for a public hearing on the Community Development Block Grant Funding. Lynn P. Harris, Director of Economic Development, noted today's public 1 r 1 1 ~I i r f _' 80!~K 10 r~~r~'1 hearing, the,first of two (2) such hearings required by the Department of Housing and Community Development, is to solicit public comments on the grant to assist an existing industry with their expansion. Mrs. Harris submitted for the record. a legal notice transmitted via facsimile from K.W. Poore & Associates, dated September 2, 1998. Chairman Claud called for persons to speak in favor of or in opposition to the Community Development Block Grant. There being none, Chairman Claud .closed the public hearing noting no action. on the part of the Board is required at this time. // Chairman Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chairman Claud called for Transportation Matters. MacFarland Neblett, Resident Engineer, VDOT, noted the following projects have been completed in the current Six-Year Plan: Smith Neck's Road;: Waterworks Road; and, West Blackwater Road between Routes 258 and -657 with the exception of an outfall ditch. Mr. Neblett noted design work is in the .process .for Four. Square Road and West Blackwater Road. Mr. Neblett suggested the. Board may wish to begin the process of considering the addition of projects to the Six Year Plan. Mr. Neblett noted that the roads in Jamestown/Camptown would not- only need to be placed in the Six Year Plan, but the upcoming year°s budget as well. Mr. Neblett noted a section of Route 603, West Blackwater Road, between. Route 642, Pear Tree Road, and Route 643, Wood. Duck Drive, could be added to the Six Year Plan. Supervisor Spady moved that the Board authorize staff to advertise the Six Year Plan for Secondary Roads for public hearing at the Board's October 15, 1.998 meeting. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); .none voting against. Supervisor Spady requested the Resident Engineer investigate where the tide washed out the shoreline along Rescue Road in Battery Park. Mr. Hartley distributed correspondence referencing the issues discussed in the recent quarterly meeting with VDOT representatives. U Chairman Claud called for Citizens Comments. 2 e~fl~ ~$ ~~.:~i:~~ Grace Keen and Pat Clark invited the Board to attend the Isle of Wight Citizens Association meeting scheduled for 7:00 p.m. on September 14, 1998 at Nike Park. // Chairman Claud called for the Community Development report. Jonathan W. Hartley, Director of Planning and Zoning, noted the Jamestown/Camptown CDBG Comprehensive Community Development Grant has been awarded. The Board of Supervisors is required to appoint. a Housing Rehabilitation Advisory Board to review and approve the housing rehabilitation program features and oversee the program after the locality's .governing body adopts the program design, stated Mr. Hartley. Supervisor Bradby moved the Board appoint the recommended persons, as follows, to the Housing Rehabilitation Advisory Board: Phillip A. Bradshaw - as a Board of Supervisors' representative Alan S. Nogiec, Director of Parks and Recreation - as a County Administrator's designee Della Stokes - as a resident of the Jamestown/Camptown target area who will not benefit from the project Edna King - as a resident of Jamestown/Camptown community and member of the Camptown Coalition Carolyn Bryant - as a realtor, providing expertise in subsidized program financing and eligibility criteria, property values, etc. The motion was adopted unanimously (4-0). Mr. Hartley. noted staff has negotiated a contract with Redman/Johnston Associates, Ltd. to update the Comprehensive Plan. Such contract, as proposed, is in the amount of $65,640, but only $27,500 is currently budgeted. As a result, an additional amount of $39,000 needs to be allocated for this. project. Mr. Hartley stated the County Attorney has reviewed the contract and recommends one (1) change. Also, the Chesapeake Bay Local Assistance Department has reviewed and recommends two (2) references be added to the Plan. Supervisor Cofer moved the Board adopt .the following. resolution allocating the additional $39,000 necessary for this project from the unappropriated fund balance of the General Fund: RESOLUTION TO APPROPRIATE THIRTY. NINE THOUSAND 3 90~K ~S rM ~.L+..~ DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL- FUND FOR AN UPDATE OF THE COMPREHENSIVE PLAN 1 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an update of the Comprehensive Plan for the County of Isle of Wight; and, WHEREAS, the funds in the amount of thirty nine thousand dollars ($39,000) need to be appropriated from the unappropriated fund balance of the General Fund of the 1998-99 budget of Isle of Wight County for .an update of the. Comprehensive Plan of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty nine thousand dollars ($39,000) be appropriated from the unappropriated fund balance of the General Fund of the 1998-99 budget of Isle of Wight County for an update of the. Comprehensive Plan of the County of Isle of Wight. 1 BE IT FURTHER RESOLVED that the County Administrator. of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Supervisor Spady moved the Board award the contract to Redman/Johnston Associates, Ltd. subject to further review and approval of the contractual agreement changes by the County Attorney. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Mr. Hartley provided the Board with an update on the Virginia Coalition of High Growth Communities.. Chairman Claud requested staffto contact VACo requesting a preliminary draft on the wording of certain issues and bring same back to the Board for consideration at its meeting on September 17, 1998 for inclusion in the County's legislative package. 1 // Chairman Claud called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, offered no report to the Board. 4 // BOQK 10 ~~~~~~~ Chairman Claud called for the Economic Development report. Lynn P. Harris, Director of Economic Development, noted the Industrial Development Authority recently approved a resolution for $3.5 million dollars in Industrial Revenue Bonds fora 19,000 square foot addition to Smithfield Ham and Products Company. In this regard, the Board is required to adopt an approving resolution which she has prepared for the Board's consideration, noted Ms. Harris, 1 Supervisor Spady moved the Board adopt the following resolution: RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SMITHFIELD HAM & PRODUCTS, INC. WHEREAS, there have been described to the Industrial Development Authority of the County of Isle of Wight (the "Authority"), the plans of The Smithfield Ham & Product Co. (The "Company"), to construct and equip a 19,000 square foot meat processing facility at 401 N. Church Street, Smithfield, Virginia 23430 (the "Project"); and, WHEREAS, the Project will be owned and operated by the Company and the Authority has held a public hearing on August 26, 1998, with respect to the Project and the issuance of bonds with respect thereto (the "Bonds") as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"); .and, WHEREAS, the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds. WHEREAS, the Authority issues its bonds on behalf of the County of Isle of Wight (the "County"), the Project is located in the County and the members of the Board of Supervisors of the County of Isle of Wight (the "Board") constitute the highest elected governmental officials of the County; and, WHEREAS, ,Section 15,2-4906 of the Code of Virginia of 1950, as amended, provides that the Board .shall within sixty (60) calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; and, WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed 5 ao~~ ~~8:~,:r~.~~ 1 by Section 15.2-4907 of the Code of Virginia of 1950, as amended, have been filed with the Board, together with the Authority's recommendation that the Board approve the issuance of the. Bonds; and, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. The recitals made in the first preamble to this Resolution are hereby adopted as a part of this Resolution. 2. The Board of Supervisors of the County of Isle of Wight, Virginia approves the issuance of the Bonds by the Authority to assist in the plan of finance described herein for the benefit of the Company to the extent required by the Code and Section 15.2-4906 of the Code of Virginia of 1950,. as amended-(The "Virginia Code'°). 1 3. The approval of the issuance of the Bonds, as required by the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company, and, as required by. Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the County nor the Authority shall be pledged thereto. 4o This Resolution shall take effect immediately upon its adoption. The motion was adopted as follows:.. Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Ms. Harris notified the Board that the deadline for the .Shell Building Initiative Program has-been changed from October 16, 1998 to November, 1998. Ms. Harris noted she does not feel the County's phases are currently in place as to infrastructure, to include sufficient pressure for fire suppression for a building and roads, is required to first be in place. Mr. Harris noted that she has requested Mr. McKinney, Betty Anne Teeter and Robert Gibson to be present at the Board's retreat to provide additional information on the issue. 1 Ms. Harris rioted stockholders have been requested to review the merger of Bell Atlantic and GTE. In anticipation of this, she has prepared a resolution in support of comparable telecommunications service resulting from the merger for the Board's .consideration. Ms. Harris recommended the Board reform a committee for extended area calling. County Attorney Crook noted a correction should be made to paragraph # 1 G BoaK ~8 ,~r°1~fi of the resolution changing "merger" to "merge". Chairman Claud requested a copy. of the resolution also be forwarded to Bell Atlantic and GTE. Supervisor Bradby moved the Board adopt the following resolution as amended in paragraph # 1 which changes "merger"' to "merge" and directed staff to forward same to the FCC, the State Corporation Commission, Bell Atlantic and GTE: RESOLUTION IN SUPPORT OF COMPARABLE TELECOMMUNICATIONS SERVICE RESULTING FROM THE CORPORATE MERGER OF BELL ATLANTIC AND GTE. WHEREAS, Bell Atlantic and GTE have announced plans to merge corporate entities in order to provide higher quality business and residential telecommunications service; and, .WHEREAS, Isle of Wight County is part of the Norfolk, Newport News Metropolitan Statistical Area; and, WHEREAS, telecommunication service in Isle of Wight County is provided by GTE and the majority of customers in the Metropolitan Statistical Area are otherwise served by Bell Atlantic; and, WHEREAS, those Isle of Wight County consumers are not provided comparable service with their MSA counterparts in the Bell Atlantic service area as demonstrated by rate and service comparisons. NOW, THEREFORE, BE IT RESOLVED that Isle of Wight County petitions the Federal Communications Commission to assure businesses and residents of Isle of Wight County that economic and provider benefits, notably equal rate, service structure and calling area offered by Bell Atlantic in the Norfolk, Newport News Metropolitan .Statistical Area are conveyed in the merger. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Supervisor Spady further moved to reactivate the Extended Calling Area GTE Committee. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Ms. Harris provided for the Board's information and review information concerning the procedures for obtaining Industrial Development Bonds. 1 G 1 7 BOOK ~O „~~~. ~~ 1 Ms. Farris recommended the Board proceed with finding individuals to serve onanon-compensated committee to oversee the beautification efforts in the County. Ms. Harris noted the Committee's chairman would report to the Board on an as-needed basis. Ms. Hams presented the Board with a Mission Statement. Supervisor Bradby moved that the Board members proceed with finding an individual from each election district to serve on anon-compensated committee to oversee the beautification efforts in the County. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. County Administrator Caskey noted this item would be placed on the appointments page for consideration by the Board at its next meeting. 1 Ms. Harris noted the Department of Housing and Community Development Proposed.Industrial Site Development Fund is to assist localities in the development of industrial parks and related infrastructure improvements. The General Assembly has authorized $3,000,000 for .this-Fund and the construction of a water storage tank in the industrial park on Route 460 would qualify for this project. Ms. Harris recommended staff prepare a proposal for this application to determine if this project could benefit the Route 460 corridor in the future. Chairman .Claud moved the Board direct staff to put together a draft proposal for funding and bring back to the Board for consideration and action. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Ms. Harris presented a request from the Virginia Chamber of Commerce for support of Amendments 3 and 4 to the Virginia Constitution. to develop economic development initiatives to assist the County in participating in regional issues. Chairman Claud requested staff prepare an appropriate resolution in support of Amendments 3 and 4 to develop economic development initiatives and bring same back for the. Board's consideration at its next meeting. Ms. Hams noted she had several matters for executive session later in the meeting. // Chairman Claud called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, presented the Board with information pertaining to two (2) outstanding purchase orders and requested s 1 R 1.?R B~QK 1V !'r~ia~.L -lJ $22,863 in Capital funds be reallocated. Chairman Claud moved the Board appropriate $22,863 from the Capital Budget Contingency Fund to pay for the designated capital projects in the rehabilitation program for Nike Park. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Mr. Nogiec requested the Board allocate an additional $4,872 to the equipment line item in the Parks and Recreation Budget for the purchase of a utility vehicle. Supervisor Spady moved the Board allocate an additional $4,872 from the Operating Contingency Fund to the equipment line ,item in .the- Parks and Recreation budget, as requested. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Mr. Nogiec noted the mortar on the outside of the Museum is deteriorating. and not. covered by insurance. In an effort to protect the building he is requesting the Board allocate a ,sum of $8,000 to the Museum budget .for weather proofing the Museum. Supervisor Cofer moved the Board allocate a sum of $8,000 to the Museum Budget for weather proofing the Museum. The. motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Mr. Nogiec notified the Board that the Museum Foundation is officially incorporated and has. received its 501 C3 -IRS status making it a bona fide tax exempt non-profit organization which can handle donations to the Museum. It is their intent that the balance of funds collected in the approximate amount of $13,322 be transferred to them, stated Mr. Nogiec. County Attorney Crook noted there were several issues .which need. exploring with the Director of Budget and Finance and the Director of Parks and Recreation before he can make a recommendation to the Board. Supervisor Spady moved the Board table consideration of the matter until the Board's October meeting per the recommendation of the County Attorney. In the meantime, County Attorney Crook will set up a meeting with the Director of Budget and Finance and the Director of Parks and Recreation. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting. in favor of the motion (4-0); none voting against. // J D 9 eaoK ~~ r~~~~ ~~ Chairman Claud called for the County Administrator's report. 1 .Sharon Frix, Victim Witness Coordinator, requested the Board adopt a resolution to submit an application for V-STOP grant program funds from the Commonwealth of Virginia, Department of Criminal Justice Services. The grant is for stopping violence against women in the area of domestic violence, sexual assault and stalking, stated Ms. Frix. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO SUBMIT AN APPLICATION FOR V-STOP GRANT PROGRAM FUNDS AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the grant application to the Commonwealth of Virginia, Department of Criminal Justice Services for the V-STOP grant funds; and, WHEREAS, the funds in the amount of fifty four thousand one hundred ninety-one dollars ($54,191) or as much as shall be received from the Virginia Department of Criminal Justice Services need to be appropriated to the appropriate line item in the FY1998-99 operating 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 fifty four thousand one hundred ninety-one dollars ($54,191) or as much as shall be received from the Commonwealth of Virginia, Department of Criminal Justice Services, be appropriated to the appropriate line item in the 1998-99 budget of the County of Isle of Wight. BE I'~' 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 as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. J/ County Attorney Crook requested an executive session under Section 2.1- 344. A7 regarding legal advice concerning matters requiring advice of counsel and potential litigation. Supervisor Cofer moved the Board enter executive session for the reasons to ao~K 18 ~~~~130 stated. The motion was adopted unanimously (4-0). Upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF E TIV . MF.F.TTNC'T WHEREAS, the Board of Supervisors has convened an executive meeting on this date pwsuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1 A 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. AYES: 4 (Claud, Cofer, Bradby and Spady) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. // Chairman Claud called for the continuation. of the County Administrator's report. County Administrator Caskey noted that the Governor had declared a State of Emergency for the Commonwealth of Virginia last week in anticipation of the landfall of Hurricane Bonnie. The following day, he, in turn, declared a local emergency in the County and included in the agenda is a resolution to declare an emergency which he recommends the Board adopt. 11 80QK 18rA~f~,•31, Supervisor Bradby moved the Board adopt the following resolution: 1 RESOLUTION TO DECLARE A LOCAL EMERGENCY WHEREAS, due to the projected landfall and impact of Hurricane Bonnie, the County is facing the potential for heavy rain, wind storms, and a condition of extreme peril of life and property which necessitates the proclamation of the existence of an emergency; and, WHEREAS, Section 44-146.21 of the Code of Virginia provides for the declaration of local emergencies; and, WHEREAS, the Isle of Wight County Board of Supervisors has approved an Emergency Operations Plan. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does consent to the declaration of a local emergency. BE IT FURTHER RESOLVED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services for the County of Isle of Wight and other local officers and employees having emergency responsibilities shall be those prescribed by the Plan and all applicable State and Federal law; and, BE IT FURTHER .RESOLVED that this resolution is effective this date, and shall remain in effect until rescinded by the Board of Supervisors as provided by law. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. County: Administrator Caskey noted in order to participate in the Forfeited .Asset Sharing Program, the County must authorize execution of the certification for the FY98-99 Forfeited Asset Sharing Program which he recommends the Board's approval. 1 Chairman Claud moved the Board authorize execution of the certification for the FY1998-99 Forfeited Asset Sharing Program. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THREE HUNDRED TEN THOUSAND DOLLARS FOR SCHOOL TEXTBOOK FUNDS 12 eooK 18 rk~r132 WHEREAS, the School Board of the County of Isle of Wight has received funding for the School Textbook Fund; and, WHEREAS, the funds in the amount of three hundred ten thousand dollars ($310,000) need to be appropriated to the appropriate line item in the 1997-98 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 three hundred ten thousand dollars ($310,000) be appropriated to the 1997-98 School Board 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 as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND DOLLARS FROM THE UNITED STATES DEPARTMENT OF EDUCATION WHEREAS, the School Board of the County of Isle of Wight has received grant funds for the Title VI -Innovative Education Program from the United States Department of Education; and, WHEREAS, the funds in the amount of two thousand dollars ($2,000) need to be appropriated to the appropriate line item in the 1998-99 operating budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that two thousand dollars ($2,000) be appropriated for the Title VI -Innovative Education Program line item in the 1998-99 operating 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 as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. 13 BOCK ~ ~O :;;;"1,~~ ~1 Regarding the solicitation of a flag design, County Administrator Caskey offered to have staff put together some general parameters for soliciting flag . designs from school students and stated he would discuss same with Dr. York. County Administrator Caskey suggested a flag committee could be formed. County Attorney Crook noted a plow was the original seal which is currently displayed in the Circuit Courtroom. The Board has since adopted a new seal which is currently in use and the Board may wish to consider having a new seal made and replace the seal in the Courtroom. County Administrator Caskey noted the issue of the flag design would be placed on the Board's agenda for further consideration by the Board. Chairman Claud requested County Attorney Crook inquire as to the sentiments of the Judges regarding .the replacement of the County seal in the Courtroom. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION OF INVITATION TO THE ISLE OF WIGHT, UNITED KINGDOM u WHEREAS, the County of Isle of Wight, Virginia was established as one of Virginia's eight original shires by the General Assembly in l 634; and, WHEREAS, Isle of Wight County, Virginia was settled by citizens of The Isle of Wight, United Kingdom; and, WHEREAS, it has been the intent and honor for Isle of Wight County, Virginia to continue and strengthen this covenant between our. two communities. NOW, THEREFORE, BE IT RESOLVED by the .Board of Supervisors of Isle of Wight County, Virginia that an invitation is hereby extended to the appropriate governmental officials or their designees of The Isle of Wight, United Kingdom of Great Britain to visit our community and its citizens in the spirit of friendship and cooperation that has been established. 1 BE IT FURTHER RESOLVED that copies of this resolution be formally entered into the minutes of the Board of Supervisors' meeting of September 3, 1998 and a copy be furnished to the Council of The Isle of Wight of the United Kingdom. The motion was adopted as follows: Claud,. Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Regarding the proposed Board retreat, County Administrator Caskey reminded the Board that it has tentatively scheduled its retreat for October 27, 14 4 eo,oK 18 ~a<<1:34 1998 at ..the Paul D. Camp Community College/Suffolk Campus. County Administrator Casket' suggested adding the topic of a town meeting to the retreat agenda. He further offered to prepare a draft agenda for the Board's consideration with the morning hours primarily delegated to economic development speakers/issues. Donald- T. Robertson, Assistant to the County Administrator/Director of Human Resources, addressed the Board regarding information based on feedback from the Board regarding the County's proposed 1999 Legislative Priority List. A meeting has been tentatively scheduled for November 5, 1998 at 5:00 p.m. for the County's General Assembly representatives to meet~with the Board, noted Mr. Robertson. Debbie Siverston presented the Board with a proposed County brochure which furnishes citizens with services provided by the County, County phone numbers for departments and offices and informs citizens how their tax dollars are spent. Ms. Siverston suggested the Board may wish to provide citizens with brochures on an annual basis. Supervisor Cofer moved the Board authorize staff to proceed with the printing of 20,000 County brochures at $0.08 per brochure at a total mailing cost of $1,600. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Ms. Siverston further provided the Board with a copy of a Citizens Guide, noting that Union Camp has donated 40,000 sheets of paper which would be sufficient paper to print 5,000 copies of the Guide. The brochure is to be circulated to the various museums, libraries, Chamber of Commerce, Social Services and County offices, stated Ms. Siverston. Supervisor Cofer moved the Board authorize staff to print 5,000 copies of the Citizens Guide at a cost of $.33 per Guide for a total cost of $1,648. The motion was adopted as follows:. Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Anne F. Seward,. Director of Budget and Finance, noted a single bid was received for the dump truck included in the Capital Budget as requested by the Department of Public Utilities. In this regard, the County's policy states that in instances where the County receives a single response that the bid process .should be terminated at that point and the bid returned to the bidder without being opened. County Attorney Crook noted the County is obligated to accept the lowest bid and if the County opens the bid, it is committed to accepting it. County Attorney Crook recommended sending out additional Requests for Bids. Chairman Claud requested the Director of Budget and Finance to send out 1 1 15 aooK 18 >;,~~135 additional Requests far Bids for the dump truck. 1 Ms. Seward addressed the Board on the issue of additional access points needed for data. processing access to the County's system. Ms. Seward advised that the committee recommended pursuing Option #3. Chairman Claud moved the Board pursue Option #3 and authorize a meeting with Alan Monette to negotiate agreeable terms. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0) none voting against. // Chairman Claud called for Old Business. There was no old business offered for discussion. // Chairman Claud called for New Business. There was no new business offered for discussion. // Chairman Claud called for Appointments. There were no nominations for appointments offered by the Board. // Chairman Claud called for the County Attorney's report. County Attorney Crook reported that the Carrollton Library property deed has been signed and recorded.. 1 County Attorney Crook reported that the Committee had provided the Town of Windsor with the proposed loss of revenue which would result to the County from the proposed boundary adjustment. The Town of Windsor further provided the County with their estimates of proposed loss of revenue to the County. County Attorney Crook noted another meeting has been scheduled for September 22, 1998 to discuss revenue sharing. Responding to Chairman Claud's inquiry concerning a letter received from Durwood Scott regarding signs, County Attorney Crook noted he had .reviewed the ordinance and he would like an opportunity to meet with the Director of Planning and Zoning to discuss the issue as he does not have sufficient facts at 16 this time. eo~K 18 :,;~~~.:~s County Attorney Crook noted he recently met with the President and Secretary and confer ed with the attorney for the Burwell's Bay Association. The Association's bylaws are being redone and he has provided them with a copy of the letter that he wrote to the State Corporation Commission stating the Board of Supervisors was opposing any change in the Articles of incorporation dealing with qualification for membership. The Association has promised to schedule another meeting to discuss their proposed bylaws although the date of such meeting has not yet been set, advised County Attorney Crook. // County Attorney Crook requested an executive session under Section 2.1- 344 A3 of the Freedom of Information Act concerning conference with staff and counsel on two (2) property matters; under Section 2.1-344 AS for consultation with staff concerning a matter involving industrial siting; under Section 2.1-344 A 1 for consultation with staff concerning four (4) personnel matters; under Section 2.1-344 A7 for advice of counsel concerning three (3) litigation matters; under Section 2.1-344 A7 concerning procurement of services for consultants; and, under Section 2.1-3447 A7 for legal advice from counsel on matters requiring .legal advice. // Supervisor Bradby moved the Board enter executive session for the reasons stated after taking a five (5) minute recess. The motion was adopted unanimously (4-0). Upon returning to open session, Supervisor Spady moved the Board adopt the following resolution: CERTIFICATION OF F.XR(:i1TiVF. MF.F.TTN(`T 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, 2.1-344.1 A 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 1 1 ~i 17 8011 18 ~„I1r~~ motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. 1 AYES: 4 (Claud, Cofer, Bradby and Spady) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted unanimously (4-0). 1 Supervisor Cofer .moved the Board authorize the County .Attorney to prepare an option on the land to be acquired for public purposes as discussed in executive session. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion (4-0); none voting against. Chairman Claud moved the Board appoint Ron Pack as the Industrial Development Authority's representative on the Economic Development Committee. The motion was adopted unanimously (4-0). // At 6:12 p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (4-0). 1 W. Doug key, Cle Robert C. Claud, Sr., Chairman 18