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03-18-1993 Regular Meeting*; 9o~K ~5 ~~.:~ ~7 r REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED NINETY-THREE ' PRESENT: Steve W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby Joel C. Bradshaw, Jr. Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator. W. Douglas Caskey, Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Edwards called the meeting to order at 7:00 p.m. The. invocation was delivered by Supervisor Bradshaw. . t // Harold C. Taylor, former Isle of .Wight County Sheriff, thanked the: Board for their consideration in naming the public safety building in his t honor. '~ // Chairman Edwards called for citizens' comments. Pete Green expressed concern with future water quantity in the County due to various new projects in the area which will require tated he believes the regional surface G reen s additional water usage. Mr. water supply approach is the way for the County to proceed and urged. the Board to support this. avenue when it becomes available. Mr. Green noted the resence of Norfolk & Western Railway P Company representatives in the audience and questioned if the County has an aerial truck. available for use in emergency situations. at their proposed . facility. Supervisor Cofer answered that the Smithfield Volunteer Fire Department has aseventy-five foot .platform truck available for use in emergency situations. // Chairman Edwards called for the Community Development report. W. Douglas Casket', Assistant County Administrator/Community. Development, presented the following application to the Board. for. their 1 BOON 15 ~~r:~ ~`I`.~ consideration: The application of Page M. Larson, owner, and Patricia J. Davis, prospective owner, for a Conditional Use Permit to locate and occupy a mobile home for thirty-six (36) months while constructing a residence on 1.715 acres of land located on Maple Hall Lane, between Whispering Pines Trail (Route 650) and Peanut Drive (Route 649) in Hardy Magisterial District. Mr. Caskey stated there was no opposition presented at the time the matter was considered by the Planning- Commission and after the public hearing; the Planning Commission discussed various issues. including the applicant's ability to proceed with the construction of the permanent residence if the application was approved. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval of the application to the Board for a period not to exceed thirty-six (36) months with the condition that the mobile home be removed from the property upon issuance of a Certificate of Occupancy for the permanent residence. Chairman Edwards called for. citizens to speak in favor of or in opposition to the application. Gary Larson, representing Page Larson and Patricia J. Davis, stated Ms. Davis desires to build an 1,800 square foot two-story colonial home on the property consisting of three bedrooms and two baths. Upon no one appearing in opposition, Chairman Edwards called for comments from the Board. Supervisor Bradshaw moved the Board approve the- application of Page M. Larson as recommended by the Planning Commission. The motion was unanimously (5-0) adopted. Mr. Caskey presented the following for the Board's consideration: Consideration of a Water uality Impact Assessment of Coal Ground Storage Facility, Norfolk and Western Railway Company, in the Windsor Magisterial District. Mr. Caskey stated the proposed facility is to be located on 1,609± acres of land approximately 1.2 miles southeas# of the Town of Windsor. Prior action by the Board of Supervisors on January 10, 1991, included the .approval of a conditional rezoning for 912+ acres of land from A-1 Agricultural Limited to Conditional M-2 Manufacturing for the construction and operation of railroad facilities to include a coal ground storage facility. The Board of Supervisors subsequently approved on February 7, 1991 a Special Use Permit for the construction and operation of railroad facilities to include the coal ground storage facilities on the same 912+ acres of land. Mr. Caskey stated before the Board tonight.is consideration of a Major Water Quality Impact Assessment and this requirement is related to the County's adoption of the Chesapeake Bay Preservation Area Ordinance enacted in the County in November of 1990. The Major .Water Quality 1 2 r ^' eo~K ~.J .,:~,~~ .,J Impact Assessment as addressed in Section 5004.B (ii) of the Isle, of Wight County. Chesapeake Bay Preservation Area Ordinance in part states that the Department of Community Development for 'the County may in its uire a Major Water Quality Impact Assessment if deemed ation re i t d q n erm e necessary .due to the scale and intensity of any proposed project .for development in the County's designated Resource Management Area (RMA). Mr. Caskey reminded the Board that the entire Chesapeake Bay watershed for the County is the County's designated RMA and the proposed facility of Norfolk and Western Railway Company is within the RMA. Based on these findings, the .Department of Community d that a Major Water Impact Assessment was to be in t d e erm e Development required due. to the scale and intensity of the proposed ground coal storage ' the facility. Based on the Ordinance, the Board of Supervisors with recommendation of the Planning Commission is called upon to make one of several findings; find the Major Water Quality Impact Assessment to be consistent; consistent subject to additional mitigation measures; or, d intent of the County's Chesapeake Bay inconsistent with the purpose an Preservation Area Ordinance. Mr. Caskey stated at the Planning Commission meeting this item was .presented and. specifically the Water Quality Impact Assessment document was presented by Norfolk & VJestern ff t a Railway Company representatives and their consultants. County s and reviewed and the Planning Commission cussed di - s comments were discussed several components of the Water Quality Impact. Assessment ' s document and made note of the various comments included in the Board agenda package. Mr. Caskey stated following discussion, the Planning unanimously to recommend to the Board of Supervisors Commission voted . that the development of the .coal ground storage facility by Norfolk & consistent with the intent and purpose of the i C s ompany Western Railway Isle of Wight County Chesapeake Bay Preservation Area Ordinance based upon the finding as set forth in Section 5004.F.2 of said Ordinance. Mr. Caskey called the Board's attention to the fact that subsequent to the action taken by the Planning Commission, there were comments received from the ' s State Water Control Board which are included in the front of the Board agenda package... These comments. address certain issues involving the roject which are not within the scope of the Major Water Quality Impact p Assessment, nor -under the jurisdiction of the County s Chesapeake Bay { called to the es are bein i h g ssu ese Preservation Ordinance; however, t Board's attention and are being addressed to the various permitting processes with the Skate and Federal regulatory agencies. Mr. Caskey stated. representatives from Norfolk & Western Railway Company, as well as their consultant, are present tonight should the Board require further onsideration or should the Board have t fo r c representation of this reques any questions regarding this specific issue. Mr. Caskey further stated the Board's consideration is related to consistency with the Chesapeake Bay Preservation. Act, consistency subject to additional mitigation with the with the Chesapeake Bay t i ency s Chesapeake Bay Preservation Act, or incons d concludes their discussion, .County Bo h ar e Preservation Act and when t tions worded for the Board, depending f mo staff has prepared a variety o on what action the Board intends to take. County Attorney Crook advised the Board that this is not an advertised public hearing, it is a public action however and the Board could 3 .._ . ~,. eo~K ~.J ~~~:~ ~C~~ invite and receive any comments from the public. Henry White, Assistant Vice President/Environmental Protection for. Norfolk & Western Railway Company, stated that although they did not come with a prepared statement tonight for the Board, Norfolk & Western Railway Company is prepared to answer any questions or discuss any issues the Board may raise. Mr. White urged the Board to endorse the Planning Commission's actions in connection with this matter to allow them to proceed with their project. Chairman Edwards called for. comments from the Board. Supervisor Bradby questioned if the Water Quality Impact Assessment is referring to water that will come from the ground supply or is it referring to water that will come from other sources. Mr. Caskey stated #his is a part of the County's adopted Chesapeake Bay Preservation Area Ordinance and the intent of these regulations and the ultimate intent of this Ordinance is to regulate water quality into the receiving streams of the watershed for the Chesapeake Bay. Mr. Caskey further stated the proposed project is clearly within the watershed of the Bay area and it is identified as a resource protection area. The water 'thak this study is addressing is water related to runoff, drainage. from the .site, water that will be displaced by clearing activities, water that will be displaced from storm water runoff and rainfall. Mr. Caskey stated the issue Supervisor Bradby is referring to relative to ground water is not really the intent of this study, although any water used on the property, whether it be through spraying operations or other water discharges, will come into play in terms of this study because if it is not retained on site through some system, then it would ultimately end up in a receiving stream or seeping into ground water which would ultimately go back to the Chesapeake Bay, As far as water quality and any impacts that this proposed facility may have on the water quality issue relative to the Chesapeake Bay, that is what this study is speaking to, stated Mr. Caskey. Supervisor Spady stated County staff has studied the matter. and recommends acceptance of this study as meeting the criteria for the County's Chesapeake Bay Area Ordinance.. Supervisor Spady further stated the Planning Commission has also accepted and recommends the Board's approval. " Chairman Edwards called for citizens to speak concerning the application. Larry Post, adjoining property owner on Route 63b and Chairman of the citizens' group known as Citizens Against the Coal .Facility, stated the group consists of approximately two-dozen families who continue to oppose the project. Mr. Post further stated he has seen the Water Quality Impact Assessment and requested a copy of it under the Freedom of Information Act and although he has not yet received a copy, heldoethee eerie RPA's one shortly. Mr. Post stated the group contends t alongside the 1,600 acres of the railroad and they are on his property. The 1 1 4 BOrr. ~_J ~ ~'~ ~U~ [l 1 1 group contends that because these streams have already been designated RPA's by the County, using guidance provided by Richmond, as the streams cross beneath the railroad track or approach lands that the railroad desires to use for construction, they merit protection as RPA's as well Mr. Post stated he realizes that the regulations promulgated by the State based upon the .law signed by the three states is open to much interpreta#ion; however, the group maintains their contention that there are RPA eligible streams and contiguous wetlands inside the railroad's property where they intend to build. Mr. Post .stated the determination that no RPA's are involved is hardily and strongly disputed and regardless of the Board's position tonight on the Water Quality Impact Assessment,. the group will. continue as an organization to dispute this issue. Mr. Post provided a copy of a letter dated. October 26, 1992, addressed to the individuals involved with the. Chesapeake Bay preservation in Richmond which states that the group is in opposition to the Norfolk & Western Railway Company because. the group perceives the County government is strongly aligned with the applicant and the group must be in an adversarial position until the County demonstrates that. it too is interested in protecting the RPA's by the spirit as well as the letter of the law. The correspondence presented to the Chairman has sections that are highlighted in yellow, blue and green felt-tip which are areas the group ,contends are RPA's and the diagram was produced by Talbot & Associates which the group believes it underscores the contention that these are waters which flow under. the surface and fed by perennial streams which do end up in the Chesapeake Bay. Mr. Post stated regarding the Water Quality Impact Assessment, as faros he can tell based on his conversations with R. Bryan David,. the County's Planner, the. County had virtually no input in its production and it is his understanding .that the Count}~s Chesapeake Bay preservation individual has not yet put on rubber boots and visited the site. It is also his belief that Bryan David when he had the tenure before he was given employment by the County did not review. the site either. That being the case, Mr. Post stated he labels the Water. Quality .Impact Assessment incomplete, although it appears to be complete. Mr. Post stated he did not see any indication that it addressed .what would happen to .adjoining .and adjacent property owners and residences. Mr. Post pointed out that the subdivision located across the street from Chairman Edwards' home was approved by the Board less than eighteen months before the specter of the railroad's coal dump emerged. Mr. Post stated his home is fed by a well that is forty-feet deep and therefore under the permit issued by the State to the County on June 22, .1992, it says in writing that there is a presumption that anything which happens to his forty-foot well is just too bad. Mr. Post stated he has attempted to make the group's position known .that they are concerned about their wells and believe that the advent of this facility will not only rob them of their riparian rights as streams and springs flow downhill to them as adjoining property owners, but that they will be deprived of their watershed as well to those who have to use wells that are forty-feet deep. Mr. Post stated his neighbor's well is only twenty-five feet deep and. his sister-in-law who owns property less than a mile away,. has a well that is fifteen-feet deep. One hundred fifty-one tons of heavy-grade particulate and respirable-grade particulate which the State Air Pollution Department released a permit for last week will do nothing to add to the quality of his water as it is drawn from the surface aquifer, fed from streams and springs 5 eoe~ 15.;..?fi? that originate from within the railroad's 1,600 acres. Until the issue of the RPA determinations, as outlined in felt-tip in .the correspondence he submitted to Chairman Edwards tonight, is settled, and until the .issue of water quality. for those who have to drink from the surface water aquifer is properly settled, this cannot be endorsed by the County. Mr. Post .pointed out that each Board member has been elected by the citizens and ultimately they work for the citizens. Mr. Post requested the Board turn the Water Quality Impact Assessment back to be restudied so that the issue of RPA's can be properly addressed by an impartial consultant. Mr. Post stated the. railroad should be glad to pay for- it if they are so confident that their position is sound. Mr. Post asked that the Water. Quality Impact Assessment deal with the five-mile impact radius Attorney Powell discussed in the Board room more. than two years ago when .Norfolk & .Western Railway Company sought the zoning change from Agricultural to Industrial. Upon there being no additional comments from citizens, Chairman Edwards called for comments from the Board. Mr. Caskey stated at the -time this matter was considered by the Planning Commission, there were three motions presented for the Planning Commission's consideration. One motion would be for the. Board to :approve the development of the coal ground storage facility of Norfolk & Western Railway Company as being consistent with the intent and purpose of .the Isle of Wight County Preservation Area Ordinance based upon a finding as set forth in Section 5004.F.2 of said Ordinance; a motion would be to recommend to the Board that the development of the coal ground storage facility ofNorfolk & Western Railway Company as being consistent with the intent and purpose of the Isle of Wight County Preservation Area Ordinance based upon a finding as set forth in Section 5004.F.2 of said Ordinance be subject to certain conditions of mitigation as may be determined by the Board; or, a motion to approve the development of the coal ground storage facility of Norfolk & Western Railway Company as being inconsistent with the intent and purpose of the Isle of Wight County .Preservation Area Ordinance. Supervisor Spady requested Mr. Caskey to provide Mr. Post a copy of the Water Quality Impact Assessment tonight, if possible. Supervisor Spady moved the Board .approve the development of the coal ground storage facility of Norfolk Western Railway Company as being consistent with the intent and .purpose of the Isle of Wight County Chesapeake Bay Preservation Area Ordinance based upon a finding as set forth in Section 5004.F.2 of said Ordinance as recommended by the Planning Commission. The motion was unanimously (5-0) adopted. Mr. Caskey presented a late item to the Board concerning an item pertaining to Article III, Section 8-15 of the .Isle of Wight County Code relative to high grass and weeds and other foreign growth. Mr. Caskey stated there is a piece of property situated on Highway 665, Map #23D-01- 028, in Carrollton that the property owner has been notified by a first and second notice, the second notice being sent certified .return receipt mail to 6 r take action to cut and remove the tall grass and weeds from this property. As in the past, Mr. Caskey stated h~ is requesting the Board's authority for County staff to notify the property owner that the hoard has authorized the cutting of the grass if it is not addressed immediately by the property owner. Supervisor Spady stated the neighbors of the subject property. have contacted him regarding this matter and rnoved County staff proceed with the necessary action to have the tall grass and weeds cut and removed from the property. The motion was unanimously (5-0) adopted. 1/ Chairman Edwards called for the County Attorney's report. County. Attorney Crook stated at the request of the County's Superintendent of Schools, he wrote a letter to the Division Chief, Administrative Support, State Department of Education, Richmond, Virginia concerning adjusting the composite index to reflect the payments that are made by the County to the City of Franklin under. the Revenue Sharing. Agreement. The letter he received back from the Division Chief is that the County and the City of Franklin have to agree on the payments and on the adjustments to the: composite index. Mr. Crook stated he has been informed that the City of Franklin will be reluctant to make such an agreement and he would suggest that he, the School Superintendent, the County Administrator and a .member of the Board .meet with the City. Manager and School Superintendent of Franklin to see if an agreement can be reached. Supervisor Cofer moved the Board authorize the County Attorney and County Administrator to meet with the Franklin City Manager to determine if an agreement can be reached on the composite index adjustment. The, .motion was unanimously (5-0) adopted.. County Attorney Crook stated he had mentioned previously that the Board of Supervisors needs to appoint the Reassessment Board .under Section 58.1-32.71 which provides that the governing bodies appoint a Board of Real Estate Assessors consisting of three members. Mr. Crook explained the last time, the Board appointed one from each magisterial district and stressed the Board should take action on this as soon as possible. Supervisor Bradby moved the Board appoint David Olsen from the Hardy Magisterial District to serve on the Board of Real Estate Assessors. The motion was unanimously (5-0) adopted. County Attorney Crook stated at the Board's previous meeting he was directed to set up a meeting between the County and HRSD. As a result, a meeting was held and those in attendance were Supervisors Spady and Cofer, Mr. Standish, himself, a representative of Smithfield Foods and I HRSD representatives. Mr. Crook advised discussions ensued and are continuing to go on with alternatives being considered. Mr. Crook. stated at this time he is not ready to make any decisive report to the Board on the- aoox 15 ~~AS,~ 2f matter. /1 Chairman Edwards called for the County Administrator's report. County Administrator Standish stated the School Superintendent is present tonight on .behalf of the School Board with information relative to their Phase II capital improvements plan. Dr. Jane T. York, School Superintendent, invited the Board to attend the ground breaking for the Windsor Middle/High School which will be on April 28, 1993 at 12:00 noon. Dr. York further'stated the Board. has been provided the plan for Phase II school construction .which includes renovating Hardy Elementary School, converting Smithfield Elementary School into a high school, renovations to Windsor Elementary School and building a new Carrsville Elementary School. Dr. York continued building a new Carrsville Elementary School will cost approximately $380,000 more as opposed to renovations. Dr. York stated the Board has also been presented two time lines, one with all of these projects to be completed by September 1995 and the other with all of the projects to be completed by September 1996. Dr. York noted the School Board did include the cost of an on-staff project manager as opposed to a firm performing the .construction management; however, Powell Management Associates, the County's current construction management firm, added a proposal yesterday which will bring their proposed fee down considerably. Dr. York stated she and Dr. Decker would be available to discuss each of the projects in more detail when the Board is ready. Dr. York stated when the School. Board knows what.funding will be available, they do plan to distribute an RFP-for an architectural firm for Phase IL Supervisor Spady advised he did have questions regarding Phase II and he would try to contact Dr. York before the April 1, 1993 Board meeting to discuss these questions. County Administrator Standish stated the Board had requested the School Superintendent and him to meet with the P. D. Pruden Foundation individuals and included in the agenda is a status report. on the matter. Mr. Standish stated the Foundation seems agreeable and noted the County would provide the funds for the material and the students would use the opportunity as a learning experience to build the facility. Dr. York stated the Foundation Board would like a resolution from the County supporting the concept. Supervisor Edwards moved the Board direct the County Attorney to prepare a resolution for the Board's consideration formalizing the efforts of the library facility for the Town of Windsor. The motion was unanimously (5-0) adopted. Supervisor Spady moved the Board adopt the following resolution and authorize the Chairman and County Administrator to appear before the n 8 e ~ ~ ~ ~.~ 1., _ ., Commonwealth Transportation Board to present the County's program: RESOLUTION ESTABLISHING THE RECOIviME OUN ONV ~G ~A BOARD OF SUPERVISORS OF ISLE OF WIGHT , FOR THE 1993 VIRGINIA DEPARTMENT OF TRANSPORTATION PRE-ALLOCATION HEARING WHEREAS, the Commonwealth Transportation Board and the Virginia Department of Transportation will conduct apse-allocation hearing for interstate, primary and urban system projects for the Suffolk District on March 22, 1993; and, WHEREAS, the Board of Supervisors of Isle of Wight County expresses its appreciation to the Commonwealth Transportation Board and the Virginia Department of Transportation .for the opportunityand articulate transportation improvement priorities within- the County, , WHEREAS, Isle of Wight County wishes to make specific recommendations for transportation improvement projects to be listed on the proposed Six- Year Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that the following projects are considered transportation improvement priorities. in the County: ~ . 1. Construction of parallel bridge .span and approaches on the '~, Route 17 crossing over Chuckatuck Creek 2. Route 58 Franklin bypass connector (Route 260) 3. Realignment and four-lane Route 258, between Route 10 and Route 460 4. Four-lane Route 10-Smithfield bypass 5. Construct right-turn .lane on Route 258 at intersection with Route 10 bypass 6. Conduct a feasibility study of agrade-separated crossing at the Route 258 intersection with Route 460 and the Norfolk Southern rail line I BE IT FURTHER RESOLVED that the Board of Supervisors direct the County .Administrator to forward a copy of this resolution to the County's legislation delegation and to the Virginia: Department of Transportation for inclusion in the record of the 1993 pre-allocation hearing and for adoption in the Six-Year Improvement Program for the Commonwealth of Virginia. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR STRUCTION CONTRACT FOR RENOVATION OF SECOND FLOOR CON OF OLD SMITHFIELD HIGH SCHOOL FOR PAUL D. CAMP COMMUNI'T'Y COLLEGE 9 -~~ BQQK ~5 •ae'1.~~ WHEREAS, the Board of Supervisors of Isle of Wight County has evaluated and concurs with the need for classroom space .for the Paul D. Camp Community College; and, WHEREAS, the Board of Supervisors has .approved the architect's recommendation of award of the low bid for such construction by Virtexco Corporation. NOW,. THEREFORE BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County does hereby approve the agreement for construction of classroom space via renovation to the second floor of the old Smithfield High School and. authorize its Chairman to execute the agreement on behalf of the County and its Clerk to attest to same. The motion was unanimously (5-0) adopted. County Administrator Standish stated included in the agenda for the Board's consideration is the Town of Windsor's request for Payment No. 5 for the fire department facility located in Vllindsor. Mr. Standish noted that Supervisor Bradshaw had previously inquired whether or not the facility is being properly inspected during the construction phase. Mr. Standish stated he did send a report to Supervisor Bradshaw advising the facility is being regularly inspected and no difficulties have been incurred on the project with the contractors. Supervisor Bradshaw asked if this is the last payment to the Town of Windsor for the facility. County Attorney Crook stated ,the first page in the agenda. shows a caption which reflects that $117,605.1.1 is left remaining to be paid on the project and change orders have increased the project cost by $5,625.. County Administrator Standish stated the Board has approved only $300,000 for this facility. Supervisor Spady requested the County Administrator advise the Board when that amount is reached. Chairman Edwards stated it is his recollection that the County committed to $300,000 and that he does not believe the County will be asked to exceed this amount. Chairman Edwards further stated. as he recalled, there was discussion on whether the County would pay a percentage or -pay a flat rate, and the County was asked to pay a flat rate. Supervisor Bradshaw moved the Board authorize payment in the amount of $59,978.49 to the Town of Windsor for the fire department facility. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Board .has traditionally designated April as volunteer. recognition month and the .Parks & Recreational Facilities Authority Director has orally agreed on behalf of the 1 1 1 10 a~rr ~J ?-) 1 Authority to undertake a volunteer recognition celebration, presumably at the Courthouse, if the Board would authorize expenditures not to exceed $950.- Mr. Standish stated attached to his letter in the agenda is a list of expenditures incurred from last April's program, plus. a list of local businesses that donated various items. Supervisor Bradshaw moved the Board authorize the Recreational Facilities Authority to undertake a recognition celebration for volunteers with expenditures not to exceed $950. The motion was unanimously (5-0) adopted. . Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO .ACCEPT AND APPROPRIATE TEN THOUSAND FOUR HUNDRED SIXTY-SIX DOLLARS ($10,466) FROM THE COMMONWEALTH OF VIRGINIA FOR THE TWO FOR LIFE PROGRAM WHEREAS, the. Board of Supervisors of the County of Isle. of Wight, Virginia `has been awarded reimbursement from the CommonwEalth of Virginia for the Two For Life Program during the fiscal year 1991-92; and, WHEREAS, funds in the amount of ten thousand .four hundred sixty- six dollars ($10,466) are needed to be appropriated to the Isle of Wight Rescue Squad and Windsor Rescue Squad, line items in the 1992-93 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 .ten, thousand four hundred sixty-six dollars ($10,466) be appropriated to line items 11-3203-5605A, Isle of Wight Rescue Squad ($5,233) and 11-3203-5605B Windsor Rescue Squad ($5,233) in the 1992-93 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 f accounting adjustments in the budget for this .program and to do all the things necessary to give this resolution effect. The motion was unanimously- (5-0) adopted. County Administrator Standish stated the Board had previously authorized grant programs to build the Jones Creek boat ramp .and allocated $1.5,000 of local money to match. Mr. Standish further stated since this will be a recreational facility, he would suggest that the Recreational Authority be asked to manage. the construction of the project and attached to his .letter in the agenda is a budget for the project, $220,000 of which $205,000 are grant funds and $15,000 are local funds.. Supervisor Spady asked if the figures in the budget areestimates. .County Administrator Standish stated in terms of revenue, these are 11 eo~K 15 ~A-;~268 grant funds that the. County has or will receive, although the expenses are estimates. Supervisor Spady asked what the demolition portion of the budget consisted of, County Administrator Standish stated there. are remaining structures from the Nike Park facility. Supervisor Spady stated this is adjacent to the property the County bought for the boat ramp. R. Bryan David, County Planner, presented a schematic of the location and explained that the property that is being discussed for demolition is not the property that the County recently purchased. Supervisor Spady requested the location for the dumpsters. County Administrator Standish stated in next year`s budget there should be two or three new refuse stations selected and constructed using a different type of container. The one in this area of the County should be .replaced to coincide with the closure of the green-box area. Supervisor Spady stated he thought the County had room to place the dumpsters at this location and requested staff to keep this in mind during the design of the site. Supervisor Spady further stated he was not sure the County would have adequate funds to put that much parking in anyway and he also believed it would cost more to put the boat ramp in than is estimated. Supervisor Spady stated he did not believe this was a good location for the boat ramp. County Administrator Standish stated this budget does not necessarily reflect everything that will be located at the site. Mr. David stated there would be fishing piers, etc. also located on the property. Supervisor Spady asked why the County is going to build restroom facilities. Mr. David replied this is required by the State. Supervisor Bradby poked that the cost of the proposed boat ramp was $40,000 and stated ten years ago the cost to build a boat ramp was .$36,000 in his area. Mr. David stated some of the cost of construction will be kept down because they will be able to dredge .and the Corps of Engineers has advised that they have no problem with this type of facility. It is basically dredged all the way back to the shoreline. 1 u 12 BO~r: 15 ~,:~;~ ~~~ Supervisor Spady asked who has control over the property now. 1 ~] 1 County Attorney Crook stated the County has the property that was acquired for the ramp and the County has leased to the Recreational Facilities Authority the old building site adjacent thereto. Supervisor Spady stated he would like to have an agreement with the Authority because he desired to keep the dumpster site. County Attorney Crook stated the County owns the land and the' County Administrator is proposing the Authority supervise the building and if the Authority is going to supervise the constru~his for the Board comply with the Procurement Act because they. are doing of Supervisors. County .Administrator Standish stated the Authority will have to follow the Procurement Act regarding solicitation of proposals, selection of engineers, design individuals, etc. Mr. Standish. suggested the Board ask the County Attorney to prepare an agreement relative to this matter. County Attorney Crook asked if the ramp was going to be leased to the Authority. If the County leases to the Authority like the County~dd Nike Park, then it is their responsibility. If it is going to be turned over to the Authority, it might be better to lease the property to them. Supervisor Bradby asked if the matter had been discussed with VMRC because they use the ramps for patrol purposes. Supervisor Spady stated VMRC would use the ramp further down the river, although they may patrol it occasionally. Supervisor Cofer moved .the Board direct the County Attorney to prepare a lease agreement for the property with the Recreational Facilities Authority reserving a refuse transfer site. The motion was unanimously (5- 0) adopted. Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE DEVELOPMENT-AND SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE THIRTY THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE VIRGINIA .COASTAL RESOURCES MANAGEMENT PROGRAM FOR OPEN-SPACE. DEVELOPMENT WHEREAS, the .Board of Supervisors of the .County of Isle of Wight, Virginia has authorized the development, submission and receipt of a grant from the Virginia Coastal Resources Management Program (VC'RMP) for open-space development; and, WHEREAS, the funds in the amount of thirty thousand dollars ($30,000). or so much as shall be received frn heh199~9~ dgea of the appropriated to the capital projects budget 13 ~,. ~J Qo~~. 15 .. ~ ~ l0 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 thirty thousand dollars {$30,000) or so much as shall be received from VCRMP be appropriated to the capital .projects budget in the' 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. . The motion was unanimously (5-0) adopted. County Administrator Standish stated the Board had previously directed him to advise the cost of a rental tent for the swearing-in ceremony for the new Circuit Court Judge. Mr. Standish advised the cost to secure such a rental tent would be $590 and if the Board concurs, the order can be confirmed and a deposit can be placed for the tent rental. Supervisor Cofer moved the Board authorize the County Administrator to secure the rental of a tent for the swearing-in ceremony in the amount of $590. The motion was unanimously (5-0) adopted. County Administrator Standish noted that $662,511 of delinquent taxes. has been collected through the end of February, 1993 by the delinquent tax collection attorneys at a cost to the County of $77,927. This represents 12% of .the amount collected, advised Mr. Standish. County Administrator Standish stated Supervisor Bradby brought to his attention a concern of his regarding a call received from a County resident who requested medical transport from one or both of the rescue squads and wha was advised that the rescue squads only went to specific hospitals. Supervisor Bradby requested him to contact both the rescue squads to request an explanation. Supervisor Bradby stated he had received a call from the County resident who advised him he had spoken with the President of the rescue squad and that everything has been taken care of. Supervisor Bradby stated the individual wanted to go to Maryview Hospital where his doctor and records were, but the rescue squad insisted he go to Riverside. Supervisor Bradby thanked Mr. Standish for his assistance in this matter. Supervisor Bradby requested the stakus of the unveiling of the plaque for Early Blount, a former deputy sheriff who was killed in the line of duty. Supervisor Spady moved the Board authorize a plaque be purchased in memory of Early Blount, a deputy sheriff killed in the line. of duty and that the unveiling of the plaque take place on April 1, 1993. The motion was unanimously (5-0) adopted. n 1 14 . •. ' ga~x 15 ~~;:; ?71 1 Chairman Edwards inquired at what point is the County with the consultants who are reviewing the plants for the Windsor sewage system. County Administrator Standish advised information has been received regarding costs/revenues relative to a Windsor sewer collection system and would be forwarded for Supervisor Cofer and Chairman Edward's consideration. County Administrator Standish stated he would need to request an executive session later in the meeting. /I Chairman. Edwards called for old business. There was no old business offered for discussion by the Board. 1 1 // Chairman Edwards called for the following new business. FY93-94 budgets County Administrator Standish presented a status report on the preparation of the County's FY93-94 budgets .which incorporates the operating, capital, 911 and utilities (PSA) budgets. Mr. Standish stated this draft proposes a very. conservative operating budget for the next fiscal year. which is less than a 3.7% increase overall in local and non-local .expenditures and has a very conservative impact on the tax rates. for the following fiscal year. Mr. Standish stated this draft includes what is known about the County's proposed revenues for the following year and what is known thus far about proposed expenditures. The largest single item in the County's annual budget is the school system budget and the School Board has not yet approved this, but is expected to do this next Thursday. Mr. Standish stated the Board should set their public hearing for April 15,1993 and direct him to proceed with. advertising same per .the State Code requirements prior to the April 15, 1993 public hearing. Supervisor Bradby stated the Rushmere Volunteer Fire Department is holding .fund. raisers to held pay for equipment and is in need of a kitchen for the fire. department. Supervisor. Cofer pointed out that this is simply a draft budget .and moved the Board advertise the draft FY93-94 budget as presented for public hearing by the Board on April 15,1993. The motion was unanimously (5=0) adopted. County Attorney Crook advised the Board that after the public hearing is held, the Board must wait seven additional days to act on the budget. IVir. Crook. stated the. Board could call a special. meeting to accomplish this since .the .Board must act on the School's portion of the . 15 eaeK ~~ ~n;,~ ~7s`' budget prior to May 1, 1993. // Chairman Edwards called for appointments by the Board. Supervisor Cofer moved .the Board reappoint Carl M. Beale, Jr. to the Industrial Development Authority representing the Smithfield District whose term will expire in April of 1997. The motion was unanimously (5-0) adopted. Supervisor Spady moved the Board appoint Martha C. Grace to the Commission of Aging Board representing the Newport District to fill the unexpired term of .Edith G. Bonney who resigned and whose term will expire in July of 1993. The motion was unanimously (5-0) adopted. // .Chairman Edwards called for approval of the February 18, 1993 minutes of the Board. Supervisor Cofer moved the Board adopt the .February 18, 1993 minutes of~~ the Board as amended on~~ Page 10, line 18, where it reads "Smithfield to reflect Smithfield Foods and also on Page 17, paragraph 5, to refleck the deletion of "when .the County performs the budget" as suggested by County Attorney Crook, The motion was unanimously (5-0) adopted. // County Attorney Crook requested an executive session under Section 2.1-344 A7 of the Freedom of ..Information Act for .advice of counsel concerning potential litigation. At 8:00 p.m., Supervisor Cofer moved the Board go into executive session for the reason stated by the County. Att©rney. The motion was unanimously (5-0) adopted. Upon returning to open session at 8.22 p.m., Supervisor Cofer -moved the Board adopt the following resolution. CERTIFICATION OF .EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; u 1 16 T•, Bohr 15.~~::~?73 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: 4 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was (4-0) adopted with all members voting in favor of the motion except Supervisor Spady who did not participate in the discussion or vote on the resolution. /I Supervisor Spady suggested the Board meet on the third Thursday of each month at 5:00 p.m. with public hearings beginning at 7:00 p.m. County Attorney Crook stated he could prepare a resolution for the Board and the .Board could adopt the resolution at the April 1, 1993 meeting. The resolution could then be advertised for .public notice after its adoption by the Board. Mr. Crook advised it would not be for public comment but for public information because it is up to the -Board to set its meeting dates and times.. Supervisor Spady stated because of the current workload, the Board could still accomplish what needs to be accomplished and allow the citizens to speak their views at one. meeting per month .instead of two. County- Attorney Crook stated the reason the Board originally went to night meetings was so the. Board could hold the public hearings .for citizens who could not be present during the daytime. Then the workload became very heavy and two meetings per month were necessary. Mr. Crook. stated VDOT may have a problem with attending night meetings; although they -may be willing to come at 5:00 p.m. Supervisor Cofer moved the .Board direct the County Attorney to prepare a resolution for the Board's consideration at their April 1, 1993 meeting stating that the Board of Supervisors will meet on the third Thursday of each month at 6:00. p.m. with public hearings to commence at 7:00 p.m. The motion -was unanimously (5-0) adopted. // . 17 Supervisor Cofer .moved the. Board adjourn at 8;30 p.m. The motion was unanimously (5-0) adopted. ~ ~~~ Steve W. Edwards, Chairman Myles .Standish, Clerk ~i 1 1