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11-03-2005 Regular Meetingao~N 23 : - - X43 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND FIVE PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby .Thomas R. Ivy Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. // 1 Supervisor Bradby delivered the invocation. // The Pledge. of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. 1 County Attorney Stroman requested that the fallowing amendments be made to the agenda, as follows: Under the County Attorney's Report, pull Item (A), Active Network Agreement, for discussion at a future. meeting; under the County Attorney's Report, add Item (B), Resolution to Appropriate $90,001.50 from the Unappropriated Fund Balance of the General Fund to the Camp Washington Project; and, under the Parks and. Recreation Report, remove the report on the farm lease for the Nike Park property. He further requested that a report relative to the status of the deeding. of Fort Huger to the County; Social Services' Office Space concerns; and, a Resolution to Deem Certain Property as Surplus- Equipment, be added under Old Business. Relative to the. closed meeting, he noted that in addition to the six (6) matters listed in the County Attorney's Report, three (3) additional items be added, one (1) pertaining to personnel, and two (2) items requiring advice of counsel. 0 I Supervisor Clark requested that Item (G), Protection of. Fort Huger Property, and Item (J), Biosolids Monitor, be removed from the Consent ` Agenda. Chairman .Bradshaw requested four. (4) items be added for discussion under Old Business Supervisor Ivy requested one (1) item be added for discussion under ~ Old Business. Supervisor Wright moved. that the Board approve the agenda, as amended. The .motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. /J .Chairman Bradshaw called for Special Presentations. Shelly Huntington, Assistant Director for Planning and Development, Blackwater Regional Library, distributed the Blackwater Regional Library's Annual Report to the Board. She reported that circulation has increased an overall 14% in the County due to growth. // Chairman Bradshaw indicated the Consent Agenda included the following items, with Item (G), Protection of Fort Huger Property, and Item (J), Biosolids Monitor, removed under Approval of the Agenda. Planning Commission Resolution for Jerianne Gardner Office on Youth Status Resolution to Appropriate Funds from the Unappropriated Fund Balance and to Return Grant Funding to the .Department of Criminal Justice Services CASA Program Update Craney Island Expansion Departmental Emergency Preparedness Procedures Resolution to Accept a Donated Metal Shed from the Isle of .Wight County Humane Society 2 Resolution to Accept and Appropriate Funding from the Virginia .Department of Motor Vehicles Parks and Recreation Staff National Certification r DEQlPublic Notice dated October 17, 2005 Annual Reports from the Board of Zoning Appeals and the Wetlands Board October 6, 2005 Regular Meeting Minutes Supervisor Wright moved that the remaining items on the Consent Agenda be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting. against the motion. With respect to Item (G.), Protection of Fort Huger Property, Supervisor Clark commented that the plan contained in the Board Report for securing the site is not an acceptable plan for historic preservation. He requested that staff advise the Board on the expected date of conveyance of the property to the County; that the Director of Parks and Recreation and the developer advise the Board how the site will be secured between now and when the property is conveyed to the County, as well as after the site is conveyed to the County. Responding to Supervisor Bradby, County Attorney Stroman advised that the property has not yet been deeded to the County as there is an outstanding issue concerning the waste disposal system that must first be resolved before the filing of the final subdivision plat can occur. Jonathan W. Hartley, Director of Planning and. Zoning, advised that Virginia Timberline has not yet received approval from the Department of Environmental Quality for the sewage treatment system. Supervisor Clark moved that the Director of Parks and Recreation and the developer of .the. Fort Huger property advise the Board at its November 17, 2005 meeting how the site is to be secured during the transference of the property, as well as during and after construction of the property. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. With respect to -Item (J.), Biosolids Monitor, Mr. Hartley advised Supervisor Clark that. he anticipates hiring an Environmental Planner by the end of 2005. 3 Supervisor Clark moved that the Board appoint the Environmental Planner as the Biosolids Monitor. The motion was adopted by a vote of(5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Chairman Bradshaw noted that the Hampton Roads Partnership and the Southside Mayors and Chairs did not meet this month. Supervisor Wright reported that the topic of discussion at the recent Mayors and Chairs Caucus were the BRAG issue and the importance of appointing an independent committee to seek federal dollars to retain Oceana. He further reported that several alternatives for .funding are being investigated. He advised that the next meeting will be December 16, 2005. r A Regarding the Paul. D. Camp Community College Workforce Center, Chairman Bradshaw reported on the effort to expand a program between local governments and businesses. .Regarding the Hampton Roads Economic .Development Alliance, Fatrick J. Small, Director of Economic Development, reported that the merger is .near finalization; .the. new logo has. been released; and,. all marketing materials have been merged. He noted record prospect .activity has been realized by the Alliance. Chairman Bradshaw reported that fortunately for the Hampton Roads region, Jones Hook will not be leaving the Alliance as he was not offered the position he had been considered for in Florida. With respect to the. Western Tidewater Regional Jail Authority, Supervisor Wright reported. that the Jail Superintendent was directed to review his budget and report back to the Authority with recommendations on items that can be cut. With respect to the Resource Conservation Development Commttee/Department of Agriculture, Supervisor Clazk reported that all local jurisdictions, to include the Cities of Suffolk, Chesapeake and Portsmouth, have now signed on, and there should be sufficient funds in the future to fund the position. County Administrator Casket' reported that Leroy Bennett was elected as Chairman of the Southeastern Public Service Authority (SPSA) to fill the unexpired term of Richard K. MacManus. He further reported that a SPSA representative would be present at the Board's November 17, 2005 meeting 1 1 4 each 2:~ . ~. 547 to represent certain legislative and financial issues that all member localities are being requested to consider. 1 // Chairman Bradshaw called for Transportation Matters. E. Wayne Rountree, P.E., Assistant County ' AdministratorlDevelopment, presented a Resolution to Request the Commonwealth Transportation Board to Extend the Design and Construction of a Left Turning Lane on Route .460 within the Town of Windsor,. at a Minimum, From the Intersection of U.S. Route 258 Eastward to the Intersection of the Hidden Acres Subdivision for the Board's consideration. Supervisor Wright moved the Board adopt the following Resolution to Request the Commonwealth Transportation Board to Extend the Design and Construction of a Left Turning Lane on Route 460 within the Town of Windsor, at a Minimum, From -the Intersection of U.S. Route 258 Eastward to the Intersection of the Hidden Acres Subdivision: [J RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO EXTEND THE DESIGN AND CONSTRUCTION OF A LEFT TURNING LANE. ON ROUTE 460 WITHIN THE TOWN OF WINDSOR,. AT A MINIMUM, FROM THE INTERSECTION OF U.S. ROUTE 258 EASTWARD TO THE INTERSECTION OF THE HIDDEN ACRES SUBDIVISION WHEREAS, there has been substantial residential, commercial and. industrial growth in and around the Town of Windsor, Virginia, the effects of which have increased vehicular traffic on the roads and streets in and around the Town of Windsor, and Isle of Wight County; and, WHEREAS, the current configuration of U. S. Route 460 in the Town of Windsor does not have a left turning lane, the absence of which creates a serious and continuous threat to the health and safety of those drivers and occupants of vehicles that travel upon U. S. Route 460 in the Town of Windsor; and, WHEREAS, the Board of Supervisors of Isle of Wight County. has previously adopted on July 19, 2001, a resolution requesting a left turn lane on Route 460 from the intersection of Route 258 eastward to the Food Lion. Store, as well as another resolution dated September 20, 2001, requesting the extension of the proposed center turn lane from Route T-1825 (Shirley Avenue) to Route T-1730 (Hidden Acres Circle), and, WHEREAS, the Commonwealth Transportation Board (CTB), at its scoping meeting on February 1, 2041, considered a request that the left turning lane on U. S. Route 460. in the Town of Windsor extend from the 5 current location . of the .intersection of Route 258 eastward to the current location of the Food Lion Store, with the further request that if -any. portion had to be deleted from the project, that the area deleted be from the entrance • to the Hidden Acres Subdi~ ision eastward to the Food Lion Store; and, WHEREAS, the Isle of Wight County Board of Supervisors believes that, in order to protect. and insure the health and safety of those drivers and occupants of those vehicles that travel upon U. S. Route 460 in the Town of Windsor, the left turning lane on U. S. Route 460 should extend, at a minimum, from Route. 258 eastward to the entrance of 'the Hidden Acres Subdivision. NOW THEREORE, BE IT AND IT IS .HEREBY RESOLVED that the Isle of Wight County Board of Supervisors does hereby request the Commonwealth Transportation Board for the Commonwealth of Virginia to take all necessary and prompt action to design and construct a left .turning lane on U. S. Route 460 in the Town of Windsor extending, at a minimum, from. the intersection of Route 258 eastward to the intersection of the Hidden Acres Subdivision. The motion. was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the .motion, and no Supervisors voting against. the motion. Chairman Bradshaw informed the Board that he and Supervisor Wright had met with members of the Windsor Town Council, Senator Quayle and officials of VDOT fo discuss the importance of a center turn lane in the Town of Windsor. He inquired if staff had received any notification from the Town of Windsor relative to the development of a white paper. Mr. Rountree replied that a white paper .has been developed by the Town of Windsor, and it will be forwarded to the County in the near future. Supervisor Bradby .thanked Sandon Rogers, Transportation .Planner, for his assistance in having the potholes repaired on Route 10. Following comments from Supervisor Clark that Mike Dangerfield, VDOT, had previously inaccurately informed the Board that the James River Bridge would be utilized as an evacuation route by .motorists leaving the County, Mr. Rogers advised that all evacuation route maps produced by VDOT show all .primary County. roads are to be used as evacuation routes, although there is no funding available to assist with current traffic counts. Mr. Rogers reminded the Board that the next VDOT quarterly meeting is scheduled on Wednesday, November 9, 2005 at 1:00 p.m. in the Planning and Zoning Conference Room. He requested the Board members a-mail: any items to him. that they would like to be included in the. agenda for that meeting. 1 1 6 .Chairman Bradshaw requested staff make a copy of a letter for distribution to-the Board received from Dennis Heuer, VDOT, responding to his most recent letter on behalf. of the Board to the Commonwealth Transportation Board concerning the proposed Route 460 realignment project. He advised that he, Supervisor Wright and staff had recently met with Mr. Heuer to discuss the Board's dissatisfaction with the lack of communication from VDOT concerning the proposed Route 460 realignment project. He advised that staff would be scheduling a future meeting with the Commonwealth Transportation Board members, and that he would be proposing that the County host a regional meeting, to include the Count~,es of Prince George, Sussex and Surry, to discuss a collective agreement for the. proposed alignment. He requested staff to ensure that maps are available, and that the meeting date should be communicated to VDOT and the Commonwealth Transportation Board. // Chairman Bradshaw called for Citizen's Comments. .Nancy Guill requested a letter from the Board endorsing its support for the establishment of a local Boys and Girls Club. Supervisor Clark moved the Board direct staff to develop a letter endorsing a local Boys and Girls Club. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Ms. Guill, on behalf of the Citizens for the CASA Program, thanked the Board for its responsiveness and dedication to the CASA Program over the last several weeks. Lois Chapman and William C. Johnston, on behalf of the Citizens for the CASA Program, thanked the Board for its support, and for funding afull- time Director's position. Herb DeGroft invited the Board to attend a Veterans Day Candlelight Service at 7:00 p.m. on Friday, November 11, 2005 at the Isle of Wight Veterans Memorial located on North Church Street in Smithfield. He thanked the County Administrator and the Director of Social Services for meeting with members of the Senior Services of Southeastern Virginia regarding the issue of the County's preparedness in the event of an emergency as it relates to senior citizens. i // Chairman Bradshaw called for the County Attorney's report. 7 County Attorney Stroman requested the Board approve the Camp Washington deed, which he had approved as to form. Supervisor Wright rpoved the Board authorize the Chairman to execute the Deed on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a Resolution to Appropriate $90,001.50 from the Unappropriated Fund Balance of .the General Fund to the Camp. Washington Project which he recommended the Board approve. Supervisor Wright moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE NINETY THOUSAND ONE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE CAMP WASHINGTON PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the purchase of the Camp Washington Property; and, WHEREAS, additional funds in the amount of ninety thousand one dollars ($90,001.50) need to be appropriated from the Unappropriated Fund Balance for a total of one hundred thousand one dollars ($100,001.50) for said expenditures in_the FY 2005-06 Capital 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 an additional ninety thousand one dollars ($90,001.50) from the Unappropriated Fund Balance of the General Fund be appropriated to the Camp Washington Property project in the FY 2005-06 Capital 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 by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of .the motion, and no Supervisors voting against the motion. County Attorney Stroman presented the renewal of a lease for County- owned property to Matthew Johnson, and requested that the Board. authorize him to advertise the matter for public hearing at the Board's. November 17, 2005 meeting. Supervisor Clark moved the Board authorize the County Attorney to conduct a public hearing on the renewal of the lease to Matthew Johnston at 8 a ?~,,:r ?3 .. ~~51 the Board's November l7, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. ~i County Attorney Stroman noted that he would be discussing nine {9) matters with the Board later during the Closed Meeting. // Chairman Bradshaw called for the Community Development Report.. ~- Mr. Hartley presented a request of Elliot Cohen to restrict the use of the crossover at the Carrollton Fire Department to allow for a new crossover for the Carrollton Cove Shoppes. He stated staff is opposed to changing the crossovers because of spacing as it is 650 feet between the proposed crossover and the one located at Ashby Subdivision. Supervisor Clark commented that every crossover has the potential for a stop light. He stated VDOT intends to install a traffic light at the Ashby Subdivision without any input from the County. 1 Chairman Bradshaw requested Mr. Hartley to discuss with VDOT at the November 9, 2005 quarterly meeting the traffic light that VDOT proposes to install at the Ashby Subdivision without the County's approval. Mr. Hartley noted that it was only by chance that staff initially heard about the traffic light being installed, although staff has since. received formal notification from VDOT. He stated that he has discussed. with VDOT the feasibility of performing a traffic light evaluation on Route 17 to determine the best locations for the installation of traffic lights. 0 Supervisor Clark also requested that the VDOT Resident Engineer explain to the Board why the traffic light was installed. at Cedar Grove without complying with the notification requirement to the County. Elliot Cohen, the applicant, advised that he will be requesting final approval of the commercial portion from the Board at its next meeting, and he is willing to submit proffers relative to the fire hydrants. and access from his property over to the Carrollton Volunteer Fire Department. Supervisor Clark. inquired that if at some. point in the future there is access from the industrial portion sufficient to warrant a traffic light, could traffic backing up to the Carrollton Volunteer Fire Department become a problem. Mr. Hartley replied. "yes." 9 Chairman Bradshaw recommended having emergency lights installed on Route 17, as previously requested, that would be coordinated with any proposed traffic lights. He recalled that the Board had. previously met. jointly ° with the Planning Cotpmission to discuss the County's long-range transportation plan with respect to developing another corridor through that area with limited access on Route 17 to the- James River. Bridge... He stated transportation .has not .been adequately addressed in the County's Comprehensive Plan. Supervisor Clark commented about the lack of traffic flow at the Eagle Harbor Subdivision on Route 17 caused by the three (3) traffic lights in a row. He stated a traffic light at every intersection is not necessary. Mr. Hartley stated also within a short segment of roadway on Route 17 is the traffic light at Cedar Grave, a proffer from East West Partners to install another traffic light at Sugar Hi11 Road, and the proposed traffic light for the Ashby Subdivision. The Board concurred. that the Director of Planning and Zoning move forward with the project based on the information presented, and that the developerprovide in writing his willingness to create a .cross easement for non-emergency traffic to have .access from his property to the Fire Department for use of the community rooms and that a fire hydrant. will. be installed prior to the Board's final approval on November 17, 2005 meeting. Supervisor Clark moved that the Board request the VDOT Resident Engineer to explain to the Board at its November 17, 2005 meeting why new stop lights were installed, and why VDOT is proposing to install another stop light on Route 17. The motion .was .adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the Parks and Recreation Report. On the matter of the 2005 Isle of Wight County Fair, Alan S. Nogiec, Director of Parks and Recreation reported that there were approximately: 14,000 people who paid to attend the 2005 Fair.. He advised that staff has proceeded to contract with a local farmer to plant grass at the site. He stated. that staff would also be discussing traffic control and parking concerns with Major Hines upon his return to work. He noted that in order to avoid having attendees from walking in front of cars, staff would be providing future access through the wooded area. He reported that the biggest concern expressed. by the public was related to the dust at the Fairgrounds. 1 1 1 10 ggnr. 2:3 ~..~55~3 Chairman Bradshaw requested Mr. Nogiec in the future to assign persons who are trained to park vehicles so that traffic does not become backed up on Route 258. Supervisor Clark requested multiple access points into the site in the future. Following a discussion on the budget, and the items that were deleted by Mr. Nogiec due to a lack of funding, the Board concurred that Mr. Nogiec should request additional funds to accomplish an additional vehicular access ` into the. Fair site. r Chairman Bradshaw encouraged Mr. Nogiec to initiate discussions with the Board regarding the purchase of additional land from the adjoining property owner. Chairman Bradshaw requested Mr. Nogiec to forward to the Board the exact number of paid attendees at the 2005 Fair. Mr. Nogiec presented a request for additional funds in the amount of $11,000 for the 2005 Isle of Wight County Fair. Supervisor Clark moved the Board authorize the transfer of $1 l ,000.00 from the General Operating Contingency Account to the FY 2005-06 County Fair Operating Budget. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, briefed the Board on the County's Level of preparedness in the event of a disaster. He .stated that the Emergency Operations Plan was updated and distributed .following Hurricane Isabel. He advised that the state office of Emergency Management now allows localities to file requests of needed items pre-storm. With respect to generators for. well sites, Public Utilities staff is in the process of contacting owners of privately owned well sites to discuss their individual needs. 1 Supervisor Clark requested that Mr. Childress provide a report. at the Board's November 17, 2005 meeting regarding the emergency power generation needs of owners of privately owned wells. Chairman Bradshaw suggested that Mr. Childress contact Max Bartholomew, Dominion Virginia. Power, regarding the availability of surplus generators. 11 9o~a 23...:..554 Mr. Childress offered to contact the .Director of Public Works and request that he provide. the Board with a copy of the. proposal and previous a recommendation of Gary Herrmann, the former Assistant- Public Works Director, that the County proceed with County-owned generators. Chairman Bradshaw further suggested Mr. Childress. review the lease program utilized by Community Electric versus the County purchasing and maintaining its own generators. He further stressed to Mr. Childress that it is his responsibility, as the Emergency Management Director, to be prepared to coordinate during a disaster. He stated .that Mr. Childress is responsible for taking the lead, and he recommended that Mr. Childress consult with the Director of Public Works with respect to the coordination of certain programs. Regarding future proposals and .their cost, Chairman Bradshaw suggested that Mr. Childress make a presentation to the Board outlining the various options available, and that the Board make the decision of whether or not a project is too costly. Chairman Bradshaw recommended that a primary site be established in the Rushmere area, and he directed staff to not use today's limitations. as a reason not to have a primary site at that location. Supervisor Bradby recommended listing the Rushmere Volunteer Fire Department as the primary site in Rushmere. With respect to the Carrollton Elementary School being utilized as a primary site, Mr. Childress stated staff is currently awaiting receipt of a certification form from the American Red Cross. With respect to debris reduction contracts, Mr. Childress notified the Board that VDOT is now a participant, and staff can better coordinate the pick-up of debris. He advised that -there are now two (2) sites in the County which debris can be located. With respect to surge data, Mr. Childress advised that. the Army Corps of Engineers provided the County with data that can be utilized by the County to illustrate where flood prone areas of the County are located. He further advised this information has already been incorporated into the County's GIS system, and staff intends to place a map on the County's website for citizen usage of their respective neighborhoods. Mr. Childress. advised that the County is still reliant upon FEMA generators to cover certain County pump stations and .buildings; other potential sheltering sites still need to be identified; regional efforts to address public education must be continued; regional efforts to identify special needs population need to be continued; review of certain emergency planning items 1 1 r 12 ~~,~+ ?`~ ..~-555 1 by .staff; staff is continuing to help identify flood prone areas within the County for placement of the results on the website; staff will continue to educate, the citizens of the County about .the need for flood insurance by sending mailers to these residences.. regarding planning for .disasters, evacuation, and national flood insurance programs; and, staff is continuing to work with Obici Hospital in an effort to develop a relationship with a medical facility in the County for use during disasters. He stated that the County's Public Works Building has been identified as a potential secondary Emergency Operations Center site. He stated that staff is working with other localities in the southside in an effort to prepare a regional hazard .mitigation. plan. He stated that staff continues to work with the Hampton Roads Chapter of the American Red Cross to develop volunteer assistance in the County. Supervisor Ivy recommended thought be given to the purchase of emergency generators with capacity for air conditioning for use in emergency shelters so that they are habitable for the individuals who are volunteering their efforts. .Supervisor Clark requested that Mr. Childress provide a report to the Board by January, 2006 with respect to Obici Hospital's position on liability issues. 1 Jack York, Hampton Roads Chapter of the American Red Cross, also briefed the. Board on volunteer recruitment efforts by the American Red Cross. Chairman Bradshaw. recommended that Supervisor Bradby contact persons in his community and inquire if they are interested in volunteering so that Mr. York can initiate a training class. Supervisor .Bradby requested. Mr. York contact him with respect to establishing a training program for his community. Chairman .Bradshaw moved that the .Board direct the Emergency Services Director. to provide a presentation to the Board at its Retreat to address the questions presented tonight during his presentation, and that on a quarterly basis Mr. Childress present an update to the Board, either by an oral presentation or written report included in the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark,. Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion.. 1 Supervisor Clark requested that Mr. Childress contact the Carrollton Civic Association after January, 2006 concerning the questions raised at their meeting. Mr. Childress reminded the.Board of its joint meeting with the Fire and Rescue Association which is scheduled for .November 16, 2005 in -the 13 Demonstration Room in the Public Services Building. He noted thecurrent topics far discussion are: In Case of Emergency (ICE) numbers; Capital Item Purchasing Policy, County staffing (including a request from IOW Volunteer t Rescue Squad); and, Providing Matching Funds for Grants Received.. Supervisor Ivy recommended that consideration be given to making the part-time individuals from .the paid fire departments that are providing services to the various volunteer fire departments and rescue squads County employees, or consideration be given to employing part-time individuals for those positions. Mr. Childress presented a Resolution of Gift to the West Hancock Volunteer Fire Department in Mississippi of Surplus Radios for the Board's consideration. Supervisor. Wright moved the Board adopt the following Resolution: RESOLUTION OF GIFT TO THE WEST HANCOCK VOLUNTEER FIRE DEPARTMENT IN MISSISSIPPI OF SURPLUS RADIOS WHEREAS, the County of Isle of Wight has a number of radios which are no longer needed by the County of Isle of Wight and in view of the. devastation caused by Hurricane Katrina; and, WHEREAS, Board of Supervisors hereby declares the radios surplus equipment and .desires to gift the surplus radios to the West Hancock Volunteer Fire Department in Mississippi which was .effected by the hurricane for use in providing fire services to their citizens as allowed by the Code of Virginia Section 15.2-953.B (1950, as amended). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that said radios are donated to the West Hancock Volunteer Fire Department in Mississippi for use in providing fire services to their citizens. BE IT FURTHER RESOLVED that .the. County Administrator of the County of Isle of Wight, Virginia, as the Central Purchasing Agent of said County, be and is hereby authorized to gift the surplus radios and to do ali things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright. and Ivy voting in favor of the motion, and no Supervisors voting against. the motion. // Chairman Bradshaw called for the County. Administrator's report. 14 ~n!i~. ~~ ~. ~~,lJ l County Administrator Casket' presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Juvenile Accountability Grant. Program for the Board's consideration.. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE JUVENILE ACCOUNTABILITY GRANT PROGRAM . WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional allocation to continue the Juvenile Accountability Grant Program; and, WHEREAS, funds in the amount of fifteen thousand dollars ($15,000) need to be appropriated from .the Unappropriated Fund Balance of the General Fund to the FY 2005-06 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifteen thousand dollars- ($15,000) from the Unappropriated Fund Balance of the .General Fund be appropriated to the FY 2005-06 Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (S-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Appointments. Chairman Bradshaw moved the Board appoint Matt Winstead as the School Transportation representative on the Transportation Safety Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark; Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark requested that he be advised of the members who are currently serving on that Committee. Chairman Bradshaw moved the Board appoint. Volpe Boykin; Katherine Jenkins; Elizabeth Britt; Patricia Sowell; and, Stella Bradshaw to 15 90QM. ~~.) ~ •` ~7C) serve on the Route 58 Revitalization Committee. The emotion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw noted that he would .advise staff at the Board's November 17, 2005 meeting of the current members on the .Route 58 Revitalization Committee who are no longer willing to serve so that staff can update the appropriate page in the Appointments Book. Supervisor Clark moved the Board appoint Chairman Bradshaw, replacing Richard K. MacManus, on the Workforce Development and Education Center Task Force/Paul D. Camp Community College. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright. and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman .Bradshaw requested that .Supervisor Clark make a recommendation to staff on an individual who would be willing to serve on the Western Tidewater Community Mental Health and Retardation Services Board. Chairman Bradshaw requested that County Administrator Caskey make a recommendation of appointment to the Architectural Survey Committee. // Chairman Bradshaw called for Old Business. .County Administrator Caskey introduced the topic of the Social Services Pay Plan as an item for discussion by the Board. Chairman Bradshaw noted that he serves on the Social Services Board, and he recommended that the Department of Social Services continue as it has in the past. He stated that Mr. Catron had previously informed the Board that it would cost approximately $86,000 to implement the .Pay Plan; however, he thought that amount was high, and that it could be accomplished for a lesser amount.. Supervisor .Clark inquired why County staff could not come to the same conclusion with respect to the Social Services Department coming onto the County's Pay and Classification Plan. Emily G. Haywood,. Director of Human Resources, advised that she felt it was more appropriate to integrate the Department of Social Services into the County's. Pay. and Classification Plan based on what was previously done with other agencies; however, the Social Services. Board recommended that the Department remain outside the County's Pay and Classification Plan. 16 ~i C. John Catron, Director of Social Services, noted that the County's Pay and Classification Plan is rigid, and the Social Services Department was not included in the original Pay and Classification Plan conducted by Palmer and Kay. He stated the Department of Social Services has had issues in the past with: attracting and retaining staff, and he and the members. of the Social Services Board do not believe that the County's Pay and Classification Plan adequately addresses those issues. Supervisor Clark inquired if Mr. Catron is recommending that the Department of Social Services be treated like the Sheriff's Department, and receive supplemental increases. Mrs. Haywood advised that there. are options under the deviating agencies, and the Department of Social Services could deviate in terms of pay only. Mr. Catron stated becoming a deviating agency would lock the Department of Social Services into the County's Pay and Classification Plan, and take away any flexibility, as well as makes the Social Services Board an advisory board rather than an administrative board. 1 Mrs. Haywood noted that she did not agree that the County's Pay and Classification Plan is rigid because it is an open-range system. Supervisor Ivy inquired what advantage would it be to the County to have the Social Services Department come under the .County's Pay and Classification Plan. -Mrs. Haywood replied that it offers the Board better monitoring, and provides continuity across the departments. Mr. Catron commented that it, is not necessary to become deviating to change salaries. Chairman Bradshaw moved that the Board accept the Social Services Board's recommendation to remain with its current pay plan, and that it not become a .deviating agency, as recommended by County staff, and. request that the Director of Social Services come back with a different figure than $86,702 for implementation of the pay plan. The motion. was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright- and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Alan S. Nogiec, Director of Parks and Recreation, stated pursuant to the Board's .direction at its August 24, 2005 meeting, staff offers two (2) alternatives, as follows: 1) Allocate funds to be utilized to hire a consulting firm that will work with the members of the Bicycle and Pedestrian Facilities Committee and the residents of designated communities situated throughout the County to develop a comprehensive master plan that will incorporate the 17 ?~ -5~(l components that are essential to the development of on-road and off-road facilities that will include greenways, linearparks and :designated bike routes ~ throughout the County,. which will include a projected schedule that will allow for the phasing of Certain facilities, and standards that will be applied to newly constructed residential developments, and/or the expansion of existing development; or, 2) Direct staff to guide .and assist .the members of the. Bicycle and Pedestrian Facilities Committee with the development of a draft plan that will identify goals, objectives and .opportunities that will lead ~ to the development of an accepted master. plan, which will identify projects. that are currently identified and/or can be incorporated in the Isle of Wight County Annual Operating Budget and/or Capital Improvements Program. Supervisor. Clark inquired if Mr. Nogiec had any plans from other jurisdictions that have gone through a consulting process. Mr. Nogiec replied that staff does have a copy of a plan for Sterling, Virginia. He noted that each plan will be different. Leah Dempsey, Newport District representative on .the Bicycle and Pedestrian Facilities Committee, stated. a comprehensive plan is needed so that when a developer is seeking a rezoning, staff can advise where the bike plan should be developed, as well as a comprehensive plan so that staff can request funding from the Transportation Enhancement Act while that funding is still available. She advised that the Committee voted unanimously to recommend that the. Board allocate funds to hire a consultant, as none of the members of the Committee are able to dedicate the time it would take to see the project through fruition in a timely manner. Supervisor Clark inquired why this could not be included as part of the County's Comprehensive Plan Update. Mr. Hartley stated the current update is a matter of .updating information that currently exists, and it does not initiate new efforts. Supervisor Ivy recommended that the section pertaining to bicycles be expanded. Mr. Hartley noted that if the Board wished, he could add ..that component to the Plan and report back to the Board. Supervisor Clark inquired if staff has considered the Towns of Smithfield. and Windsor contributing towards the cost of a consultant. Ms. Dempsey noted. the majority of the bicyclists will be individuals who reside outside the County that would be traveling through the Town of Windsor; however, the Town of Smithfield has indicated a willingness to contribute. 18 Supervisor Clark stated he was confident the Town of Windsor would be interested in at least pedestrian walkways in the Town, which would help with new developments as they are developed. Mr. Nogiec stated for all practical purposes, the Committee is attempting to develop a lifestyle so that cars can be left at home and individuals can walk to where they are .going. He stated he is not sure that there are any real clear goals or objectives of .the Committee, to include a plan on how to reach their goals. Chairman Bradshaw stated a clear understanding of haw the Towns of Smithfield and Windsor will be incorporated, to include an action plan, is ', needed. He stated both the Director of Planning and Zoning and the Director of Parks and Recreation need to be involved. 1 Supervisor Clark moved to direct staff, to include Parks and Recreation and Planning and Zoning, along with the Citizens Committee, to report back to the Board with an Action Plan (who is going to be in chargelresponsible, the steps that need to taken, who will be responsible for discussing the matter with the Town of Smithfield to determine what percentage they are willing to contribute, and the RFP) on how the Board can. move forward to implement the plan that is contained in the Comprehensive Plan, which is to develop a Master Plan, which will contain Action Steps, and which will incorporate the Towns of Smithfield and Windsor. The motion was adopted by a vote of (5- 0)with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting. in favor of the motion, and no Supervisors voting against the motion. With .respect to the preservation of Fort Huger, Supervisor Clark recommended that Parks and Recreation staff reconsider the recommendations of the Isle of Wight Historical Society. He encouraged staff to be aggressive in protecting the site. With respect to space concerns of the Social Services Board, County Administrator Caskey advised that Assistant County Administrator Seward would be providing a presentation to the Board at its November 17, 2005 meeting. Supervisor Clark moved that the Board table the matter until the Board's November 17, 2005 meeting, at which time the Assistant County Administrator/Administration will provide a presentation to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Deem Certain Property as Surplus Equipment for the Board's consideration. Supervisor Clark moved the Board adopt the following Resolution: 19 ever 23 ;-..5~~ RESOLUTION TO DEEM CERTAIN PROPERTY AS SURPLUS EQUIPMENT WHEREAS, the County of Isle of Wight has personal property consisting of vehicles and equipment that is no longer serviceable or needed and has been replaced by new equipment by .the County of Isle of Wight; and, WHEREAS, the Board of Supervisors of Isle of Wight County deems the following. equipment to be surplus equipment .and desires to dispose of same at public auction; 1985 Chevrolet Bus 1990 Ford Bus 1990 Ford Bus BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, as the Central Purchasing Agent be and is hereby authorized to sell said surplus property after advertising the date, place and terms in a newspaper having general circulation in the County of Isle. of Wight at least five (5) days. prior to said. sale and the County Administrator shall report to the Board of Supervisors of the County. of Isle of Wight as to the disposition of said property. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy. voting in favor of the motion, and no Supervisors voting against the. motion. Chairman Bradshaw stated pursuant to the Board's direction, County Administrator Caskey had supplied the Board with information pertaining to the Caroline County Dental Plan, and he would like for staff to meet with the Department of Social Services and the Health Department to review the dental care program offered by Caroline County, with a recommendation to the Board if it is feasible for the County to adopt the program. Chairman Bradshaw moved that the Board direct County staff to meet with the Department of Social_Services and the Department of Health to review the general care program of Caroline County, and to make a recommendation back to the Board if it is feasible for such a program to be adopted by the. County. The motion .was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. With respect to the car tax elimination impact, County Attorney Stroman advised Chairman Bradshaw that a proposed statute had been developed by the Virginia Municipal League, and the request is to .have this implemented prior to January, 2006. He stated that staff proposes to set the x C i 20 a,,; , ~~ ~ ~fi:~ matter for public hearing at the Board's November 17, 2005 or December 15, 2005 meeting. Liesl R. DeVary, Director of Budget and Finance, advised Chairman Bradshaw that staff intends to present a preliminary report to the Board on the financial impact to the County. Chairman Bradshaw asked that the report include the method by which citizens wilt be informed (website/libraries). /I Supervisor Clark moved the Board take afive-minute (5) recess. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark. moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion... // 1 Regarding the previous presentation on Substance Abuse by representatives of the Leadership Isle of Wight, Chairman Bradshaw moved that the Board direct staff to follow-up on the .information previously presented by members of the .Leadership Isle of Wight, and make a recommendation back to the Board on how the message on substance abuse can be incorporated. The motion was adopted by a vote of (5-0) with Supervisors. Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. With respect to the status of guidelines for the Intergovernmental Relations Committee, County Administrator Caskey informed Chairman Bradshaw that he would be meeting with the County Attorney to specifically define the purpose of the Committees, and how these meetings will be conducted. 1 Supervisor Ivy noted that the former recommendation of the Board was to have the Board members from the Smithfield and Newport District serve on the Town of Smithfield Intergovernmental Relations Committee; however, he would recommend that the Newport District be replaced with the Hardy District which. falls in the Town of Smithfield, whereas the Newport District does not. Supervisor -Ivy moved that the Town of Smithfield Intergovernmental Relations. Committee consist of representatives from the Smithfield and Hardy Districts. The motion was adopted by a vote of (5-0) with Supervisors 21 - $ gpnr ?~ ./J11a .Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion,. and no Supervisors voting against the motion.. Rex Williams briefed the .Board on the ongoing .development of a disaster evacuation plan requested by Sheriff Phelps that will direct traffic out of the County during emergencies. He stated .the plan has been coordinated with the Chief of Police of the Town of Smithfield, and it is now being forwarded to VDOT for its review and acceptance..He advised ,upon concurrence. from VDOT and the surrounding localities where citizens will be directed, he will. be coming back to the Board for its consideration. Supervisor Clark noted for obvious reasons, there is a need for gas stations to remain open during emergencies.. // Chairman Bradshaw called for New Business. Chairman Bradshaw notified the Board about the request of certain citizens who reside in Walters who would like to have street lights installed in that community. Chairman Bradshaw moved the Board direct staff to contact the citizens of Walters who have contacted him- requesting street lights, and report back to the Board with a recommendation. for installing such street lights along Walter's Highway. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. ~~~' Chairman Bradshaw moved the Board direct the Boykin's Tavern Committee to review the old jail, and make recommendations regarding what should be done with the facility; how the facility should be utilized; and, advise if it is feasible for it to be utilized for its historical aspect and be used for. tourism. The motion was adopted by a vote of (5-0) -with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // County Attorney Stroman advised that one (1) .matter would not be discussed during the Closed Meeting as it was included in anticipation of an open meeting item that was not included in the agenda. He requested that the Board convene in Closed Meeting pursuant to .Section 2.2-3711.A.7 to receive legal advice in connection with actual litigation, i.e., East West Partners' lawsuit against the County; under Section 2.2-3711.A.7 to receive legal advice with respect to aid to private companies during a declared state of emergency; under Section 2.2-3711.A.7 to .receive legal advice with respect to affordable housing; under. Section 2.2-3711.A.3 concerning the ,- 22 n purchase of private property for a public purpose; under Section 2.2- 3711.A.7 to receive legal advice pursuant to actual litigation; under Section 2.2-3711.A.1 regarding a personnel matter relating to the appointment, promotion, performance, disciplining. of specified officers, appointees, employees of the County; under Section 2.2-3711.A.7 to receive legal advice in connection with the acquisition of private property for a public purpose; under Section 2.2-3711.A.7 to receive legal advice pertaining to the Virginia Freedom of Information Act; and, under Section 2.2-3711.A.7 to receive ..legal advice on the possibility of potential litigation. Supervisor Wright moved the Board enter the Closed Meeting as specified by the County Attorney. The motion was adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board adopt the following Resolution: 1 CERTIFICATION OF CLOSED MEETING WHEREAS, the -Board of Supervisors has convened a closed 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, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board. of Supervisors that such closed 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 closed. meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the. motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE 1 AYES: Bradby, Bradshaw, Clark, Wright and Ivy NAYS: 0 ABSENT DURING VOTE: 0 23 900 2? :.-56~ ABSENT DURING MEETING: 0 ~, // Supervisor Clark moved the Board authorize a settlement of the matter discussed in closed meeting. The motion was adopted by a vote of (5-0) with Supervisors.Bradby, :Bradshaw, Clark, Wright and Ivy voting in favor,of the ~ ..motion, and no Supervisors voting against the motion. // At 8:00 p.m., Supervisor Bradby moved the Board adjourn its meeting. The motion was adopted by a vote of (5-0) .with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy. voting in favor of the motion, and no Supervisors voting against the motion. P ip A. Bradshaw, Chairman W. Douglas as y, Clerk 24 t