Loading...
02-22-1996 Regular Meetingeo~K 16 ,,,:•5~5 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-SECOND DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY SIX PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice Chairman O. A. Spady Robert C. Claud Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. // Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO SUPPORT FAMILY HEALTH DAY WHEREAS, the Isle of Wight Citizens Association, in cooperation with Obici Hospital and Riverside Regional Medical Center have coordinated activities for Family Health Day in Isle of Wight County on May 4, 19% ..and, WHEREAS, Family Health Day will greatly benefit the citizens of Isle of Wight; and, WHEREAS, this event will serve as a method of educating citizens about health issues important to the entire family. NOW, Tf-iEREFORE, BE TT AND IT IS HEREBY RESOLVID that the Board of Supervisors of the County of Isle of Wight, Virginia supports Family Health Day on May 4,.1996. The motion was adopted unanimously (5-0). Grace Keen accepted the resolution on behalf of the Isle of Wight Citizens Association. /! Lieutenant Gary Falls with the Isle of Wight County Sheriffs office explained that Russ C. Whitley was chosen from the names of 2,000 students submitted to the Governor's Office. for recognition in the DARE program 1 .•, Boas 16.-~ ~~~7 On behalf of the Board, Russ C. Whitley was presented the following Certificate of Appreciation as an outstanding DARE student: CERTIFICATE OF RECOGNI'T'ION Presented to RUSS C. WHITLEY in recognition of his enthusiasm and willingness to help other students, his assistance with the Isle of Wight County Sheriffs Office and his recognition as an outstanding DARE student Presented by the Board of Supervisors of the County of Isle of Wight, Virginia Awarded this twenty second day of February in the year nineteen hundred and ninety six. I/ 1 Chairman Bradshaw indicated the following Consent Agenda included Item 1, A-G, and asked if there were any items for removal: A. Resolution Accepting Huntington Way and Buckingham Way - Waterford Oaks Subdivision into the State's Secondary Road System B. Proposed improvements to West Blackwater Road (Route 603) between Antioch Road (Route 65'~ and Walters Highway (Route 258) C. Volunteer Fire and Rescue Association D. Delinquent Real Estate Tax Collection Monthly Report E. December 21, 1995 Regular Meeting Minutes F. January 10,1996 Regular Meeting Minutes G. January 30, 1996 Called Meeting Minutes There being no items requested by the Board members for removal, Supervisor Spady moved the. Board approve all items of the Consenf Agenda. The motion was adopted unanimously (5-0). // 1 Chairman Bradshaw called for Transportation Matters. A. Draft Isle of Wight County Six-Year (1996-2002) Secondary Improvement Priority Plan and Draft Isle of Wight County 1996- 1997 Secondary Construction Budget Priority Plan 2 __ _ _ ~ ~ ~~~~ 16 ,~,,,.~,,38 Supervisor Spady moved the Board authorize publication of notice for a public hearing on the Draft Isle of Wight County Six-Year (1996-2002) Secondary Improvement Priority Plan and the Draft Isle of Wight County 1996-1997 Secondary Construction Budget Priority Plan for the March meeting of the Board. The motion was adopted unanimously (5-0). B. Lawson Creek Lane Sam Sizemore of Lawson Creek Lane urged the Board to consider adding Lawson Creek Lane under the Rural Addition Program. Mr. David stated the County has seven additional private roads currently being processed for construction funds under the Rural Addition ro ram. Chairman Bradshaw requested Bryan David provide the Board members with a status report on all seven private roadways currently being processed for construction funds under the Rural Addition Pro~am and the approximate cost to the County prior to the Board's March meeting. R. L. Walker requested action be taken regarding trash removal along the roadside on Route 602. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, advised he would take appropriate action to have the trash removed from the roadside. C. Poplar Drive - Rushmere Shores Subdivision Supervisor Spady suggested the matter be placed. under the same report for Lawson Creek and defer the matter to the March meeting. Mr. David distributed correspondence dated February 15, 1996 from MacFarland Neblett, Resident Engineer, VDOT, concerning a request by the Walters Hunt Club for removal of NO PARKING signs on Route 641 (Bows and Arrows Road) near the intersection with Route 648 (Ducktown Road). Mr. David stated the analysis preformed by VDOT indicates it does not recommend the removal of the NO PARKING signs at this time. Chairman Bradshaw requested Mr. David follow-up on arranging a meeting concerning Route 696 (Pruden Road). In response to Supervisor Spady's inquiry about a swell in the roadway on Route 704, Mr. Neblett replied the swell most likely has to do with the freeze/thaw cycle incurred during the past winter storm. Regarding ditch cleaning efforts in the Central Hill area, R. L. Walker was requested by Chairman Bradshaw to contact Bryan David in the event VDOT does not contact him to rectify. the problem by Friday. /1 1 1 3 eooK ~.6 ,~_. ~,~'J Chairman Bradshaw called for Citizens Comments. Grace Keen advised the Board of a town meeting scheduled for March 5, 1996 at 7:00 p.m. in the Circuit Court Room sponsored jointly by the Isle of Wight Republican Committee and Democratic Committee.. Richard McManus, representing the Christian Outreach Program, Inc. spoke in favor of a youth oriented business development such as a roller rink,. bowling alley, movie theater, etc. in the County to benefit youth. Chairman Bradshaw requested Supervisor Bradby be the Board's representative to make recommendations to the Board on the program. // Chairman Bradshaw called for the Community Development report. A. Application for permit to hold bingo games submitted by the Isle of Wight County. Public Recreational Facilities Authority 1 In response to .Supervisor Claud's inquiry on whether there were plans to suspend bingo activities at the skating rink, Alan Nogiec, Director of Public Parks and Recreational Facilities Authority, replied the Authority is attempting to evaluate whether or not bingo is a lucrative activity for the Authority. Mr. Nogiec stated the Authority would like to proceed with renewing the permit so that when the evaluation is completed, the Authority will not have to go through the permitting process again. Supervisor Spady moved the Board approve the application. The motion was adopted unanimously (5-0). B. Subdivision plat of Barton's Landing, being the property. of E. B. and Ann K. Barker, Route 673, Morgart's Beach Road, Hardy Magisterial District Supervisor Cofer moved the Board approve the extension of time for six months for the recordation of the final subdivision plat of Barton's Landing. The motion was adopted unanimously (5-0). C. Isle of Wight County Geographic Information System (GIS) 1 .Supervisor Spady moved the .Board adopt the following resolution and authorize the County Administrator to execute the contract: RESOLUTION TO APPROPRIATE FORTY SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE ISLE OF WIGHT COUNTY GEOGRAPHIC INFORMATION SYSTEM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has appropriated forty thousand dollars ($40,000) in the capital budget for the .purchase of a Geographic Information System for the 4 804!1 ~~ ~: ~ ~?n purpose of use .in the maintaining the E-911 address data base for the digital and computerized. maintenance of land records and for other applications including planning, zoning, economic development and public utilities for the County of Isle of Wight; and, WHEREAS, additional funds of forty seven thousand five hundred dollars ($47,500) .need to be appropriated from the unappropriated fund balance of the General Fund to the capital budget line item in the 1995-96 budget of Isle of Wight County for the purchase of a Geographic Information System. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors of the County of Isle of Wight, Virginia that forty seven thousand five hundred dollars ($47,500) from the unappropriated. fund balance of the General Fund be appropriated for the purchase of a Geographic Information System to the capital budget item in the 1995-96 budget of the County of .Isle of Wight.. BE IT FURTHER RESOLVID that the County Administrator is hereby authorized to make the appropriate accounting adjustments in the 1995-96 budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). D. Dredging of the Jones Creek Navigation Channel Supervisor Cofer moved the Board authorize the County Administrator to sign and forward a Letter of Intent to the Corps of Engineers. The motion was adopted unanimously (5-0). Supervisor Cofer further moved the Board authorize the County Administrator to communicate to the County's congressional delegation the status of the Jones Creek .dredging project and enlist their support and assistance in securing. any federal funding which may be available. The motion was adopted unanimously (5-0). E. Proposed FY1996-2001 Capital Improvements Program (CIl') Mr. David stated the School Board has completed an updated demographic and facilities study and submitted to the Planning Commission for consideration a proposed amendment to the FY1996-2001 CII' which addresses the Windsor Elementary School project and proposes several other capital projects. Mr. David further stated the Planning Commission voted with one abstention to recommend to the Board approval of the proposed amendment as presented by the CIP Subcommittee. Supervisor Spady moved the Board accept the amendments to .the CIP, as recommended by the Planning Commission. The motion was adopted unanimously (5-0). // C 5 .~. eooa 16 •:.,. j~1 Chairman Bradshaw called for the County Attorney's report. 1 County Attorney Crook stated an agreement has been reached to amend the agreement between the County and the City of Franklin regarding the cost for treatment of sewage. County Attorney Crook stated the Public Service Authority has approved the amendment and he needs the Board of Supervisors to approve it and authorize the Chairman to sign on behalf of the County. Supervisor Cofer moved the Board approve the amendment and authorize the Chairman to sign the amendment to the agreement. 'The motion was adopted unanimously (5-0). County Attorney Crook stated he had several matters for executive session later in the meeting. // Chairman Bradshaw called for the County Administrator's report. Dr. Jane T. York, School Superintendent, requested funding in the amount of $9,808,800 for the construction of a new Windsor Elementary School to address overcrowding at the elementary and middle school levels. Dr. York stated in the Fall of 1997, regardless of whether or not the funding request is approved by the Board, the six grade will be moved to the Windsor Elementary School in the existing mobile units to alleviate the overcrowded rnnditions. Supervisor Bradby stated that while he fully supports the public school system, the County currently has an indebtness of $34,000,000 which must be satisfied.. Supervisor Bradby suggested alternatives be explored other than building a new school at this time. Dr. York suggested the Board may wish, at this time, to only allocate sufficient funds for the School Board to examine the cost of land acquisition and testing of the site. Supervisor Claud stated based on enrollment, there is a need in Windsor for a new elementary school and with that school in place, the Board could possibly delay the building of a second elementary school in the northern part of the County. Supervisor Claud continued that while he does support the concept of a new Windsor Elementary School he is also concerned about the financing. J Supervisor Cofer stated the need for a Windsor Elementary School is present and the Board will be considering potential refunding options on current bond indebtedness later this evening which will possibly preclude the County from issuing any new bonded indebtedness this current calendar year. Supervisor Cofer asked Dr. York what it .would cost to examine options on property, conduct necessary testing to determine potential sites and settle on a site. 6 eoe~ 16 -:~ 5~? Dr. York replied approximately $300,000. Supervisor Cofer stated he could support an allocation of $300,000 because if the Board decides not. to fund the school, the property can be placed on the market for sale. Chairman Bradshaw commended the School Board for their planning efforts and their support of education in the County. Chairman Bradshaw stated the proper facilities must be available and commended the schools' faculties for being able to utilize the present facilities while still focusing on quality education. Chairman Bradshaw stated he is concerned that the present elementary .school will not hold up if .the project is delayed. Chairman Bradshaw stated prior to this school year he was in favor of delaying the project because of capital debt, but he now believes the Board should move forward and authorize the necessary funds to perform the initial design and secure the land. Supervisor Claud moved the Board appropriate $300,000 to proceed with. land acquisition, engineering and other tests associated with the elementary school and direct staff to search for the funding sources and to reference same in the resolution that will effectuate this action when it is brought back to the Board at their March meeting. The motion passed. (3-2) with Chairman Bradshaw and Supervisors Cofer and Claud voting in favor of the motion and Supervisors Bradby and Spady voting against the motion. For the Board's information, County Administrator Caskey distributed a report on the County's long-term debt schedule for the current fiscal year. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradshaw called for a public hearing on the following: A. The request of the City of Virginia Beach for a Conditional Use Permit and amendment to the Resolution previously adopted by the Board of Supervisors on December 3, 1987 for construction of a 60-inch diameter pipeline to transmit up to 60 million gallons per day of water from the Pea Hill Creek Branch of Lake Gaston to the Norfolk raw water facilities discharging into Ennis Pond Channel in the County of Isle of Wight. The request, if granted, will not change the route of the proposed pipeline as previously approved except that approximately two miles of the pipeline route in the County of Isle of Wight from Ennis Pond Channel to the boundary of the County and the City of Suffolk will be deleted. The proposed pipeline would discharge water into Ennis Pond Channel instead of conveying the water to the Red Top area in the City of Suffolk, The discharge would ufilize the same facilities approved by the aforesaid Resolution, 1 L 7 eo~M 1f ~ ~ j3 u but would involve more frequent discharges to Ennis Pond 'Channel than previously approved. The proposed pipeline, if approved, will follow the abandoned "Old Virginia Railroad" right-of-way for approximately 2.4 miles from its crossing at the Blackwater River to the area. of Walters. The City of Virginia Beach owns this former railroad property, and the pipeline will be constructed in the center of the railroad embankment upon which the rail line was located. The proposed route leaves the railroad embankment ak the point at which it meets existing raw water transmission lines operated by the City of Norfolk (just east of Walters). From there, the pipeline will follow adjacent to Norfolk's two raw water mains for about 6.6 miles to Route 608 where the Norfolk water lines discharge to Ennis Pond Channel directly upstream of the railroad culvert. C! County Attorney Crook stated the City of Virginia Beach has applied for a Conditional Use Permit to` amend the previous Conditional Use Permit issued by the Board on December 3,1987 to change, in part, the route of the water transmission line to utilize the Ennis .Pond Run Channel. County Attorney Crook stated the City of Virginia Beach is also asking. for an amendment to the resolution granting local consent adopted by the Board on December 3, 1987. Chairman Bradshaw requested those in favor of the request to speak. Clarence Warnstaff, Director of Public Utilities/City of Virginia Beach, appeared. Mr. Warnstaff stated the request is for approval of a Conditional Use Permit for the pipeline facilities approved by the Board in 1987 and for permission to amend the local consent for the pipeline project approved in 1987. Mr. Warnstaff stated the amendment will allow the City of Virginia Beach the opportunity to terminate the pipeline in the County whereas the County's previous approval was for a pipeline that ran completely throa~gh the County. Mr. Warnstaff stated the total distance that the County approved in 1987. was for a distance of eleven miles of buried pipeline, including an aeration structure and a booster pump station with limited discharge to the Ennis Pond Channel. Mr. Warnstaff stated the County determined in 1987 that this project was in conformance with its Comprehensive Plan. Mr. Warnstaff stated the City of Virginia Beach currently proposes to build fewer facilities and not build two miles of buried pipeline and the booster pump station with. its associated generator support facilities and two five million gallon storage tanks. Mr. Warnstaff stated the City of Virginia Beach does propose to terminate the pipeline in the County just southeast of Windsor at the same location for water discharge that has been used by the City of Norfolk. since the 1940's. Mr. Warnstaff stated the first 2.4 miles of the pipeline lies within right-of-way purchased by the City of Virginia Beach in an abandoned railroad right-of- way. and the next 6.6 miles the City of Virginia Beach is attempting to acquire easements from individual property owners. Mr. Warnstaff stated from the pipeline termination in the County, the water would then flow 8 eooN 16 ,~~.J~~ into Ennis RunChannel for a distance of approximately 1.8 miles before intersecting with Lake Prince. Mr. Warnstaff stated the impacts of the project due to construction would be minimal and the erosion and sediment. control must be approved by the Virginia Department of Soil and Water Conservation and County staff. Mr. Warnstaff stated traffic impacts during construction would also be minimal. Mr. Warnstaff stated all construction vehicles must use public roads and construction in any one .given area would last. only a few weeks. Mr. Warnstaff stated there would be no temporary road closures in the County without prior approval of VDOT and all cultivated areas would be restored to their original conditions, including top soil and existing drainage ways. Mr. Warnstaff stated impacts of the project after construction is completed would be extremely small in that the operation of the Gaston project would have no effects upon the health, safety or welfare of the residents of the County. Mr. Warnstaff stated no residential or commercial land uses would be impacted. by the operation of the facility. Mr. Warnstaff stated the City of Virginia Beach is required under Federal law to submit the discharge to a number of Federal regulatory agencies and the discharge has been reviewed and approved by the U.S. Corps of Engineers, the Federal Energy Regulatory Commission, the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission. Mr. Warnstaff stated the City of Norfolk has been discharging into the Ennis Pond Channel since War World II. Mr. Warnstaff stated the City of Virginia Beach has determined that the amount of water introduced into the Ennis Run Channel by Norfolk covered approximately 5.4 acres of land and the additional acres of land covered by water due to Gaston pumping is approximately 7.4 acres for a total of 12.8 acres. Mr. Warnstaff stated all of the area in the five-year flood plain in the Ennis. Run Channel is declared by the U. S. Corps of Engineers to be wetlands. Mr. Warnstaff stated from the railroad just above Route 636 to Lake Prince, owned by the City of Norfolk, there are thirty property owners along Ennis Pond Channel and the City of Norfolk is attempting to acquire easements for the discharge of their water. Mr. Warnstaff stated of the thirty easements to be acquired along Ennis Pond Channel, twenty-one easements have been obtained. Mr. Warnstaff stated for the nine miles of buried pipeline, there are thirty-two property owners and the City of Virginia Beach to date has been able to acquire thirty of these parcels. Mr. Warnstaff stated the City of Virginia Beach is currently and will continue ' to work with the residents of the County to address their concerns. Mr. Warnstaff stated by letter dated January 24, 1996 from the Virginia Beach City Manager, James Spore, to County Administrator Caskey, the City of Virginia Beach agrees to not exercise any authority with respect to land use controls in the Ennis Pond Channel watershed without the consent of the County. Mr. Warnstaff stated by letter dated February 12, 1996 from the Virginia Beach City Manager, James Spore, to County Administrator Caskey, stated the City of Virginia Beach agrees to fund improvements to the culverts, which will improve the flow of water and improve conditions in the Channel, at an approximate cost of $500,000 to the City of Virginia Beach. Mr. Warnstaff stated the City of Virginia Beach and the City of Norfolk are working to address the concerns and needs of the property owners along the Channel and every effort is being made to reach a voluntary settlement. Mr. Warnstaff stated the City of Virginia Beach. does agree to continue working with the City of Norfolk and the County and 1 E .•. r. r, r ao~M 16 -,-~ ~,.,,~ 1 fJ with each affected property owner in the Ennis Run Channel to reach an agreement -that satisfies each owner's concerns with respect to the project's effect upon their property. Mr. Warnstaff stated in the event that the City of Virginia Beach is unable to reach a voluntary accommodation, the City of Virginia Beach will agree to implement the same process adopted by the County in 1987 for acquisition of easements along the pipeline route via the County hiring an independent appraiser to appraise the property to assure what was being offered to the property owners was fair and reasonable. Mr. Warnstaff stated the condition that the City of Virginia Beach would pump a minimum of ten days per month would be satisfied virtually all the time and the situation would be substantially better than under the current condition, however, there are numerous .State and Federal permits and other contractual obligations that establish the sole purpose of the Gaston project is water supply and .the City of Virginia Beach cannot pump water for purposes other than water supply or when it is not needed. Mr. Warnstaff stated the City of Virginia Beach believes the operation of the project as they intend to operate it will achieve the desired goal approximately 90% of the time, but unfortunately the City of Virginia Beach cannot commit to operate the project specifically for recreation or land enhancement without being in conflict of existing permits or contract obligations. Mr. Warnstaff stated in the City of Virginia Beach's discussion with the property owners, the City of Virginia Beach agrees that upon the request of the property owner impacted by increased water levels, Virginia Beach will have removed at its expense any trees within the easement area that are dead due to water to the extent permitted by Federal, State and local regulations. Mr. Warnstaff stated the City of Virginia Beach agrees not to place restrictions on the use of water from the Ennis Run Channel by adjacent property owners for residential irrigation or other non-commercial use at their residence. Alan Nogiec, resident. of the Windsor area, appeared representing Mr. and Mrs. Robert Matthews, Thomas Whitfield, the Williams-Brigg estate, Mrs. Sherman Holland, the agent, Michael Blythe, Mr. and Mrs. James Hager and himself. Mr. Nogiec stated for the record that he and the other property owners he is representing are not .opposed to the project, nor are they opposed to the Board granting the permit if and when the Board feels comfortable that the results of the project will offer some benefits to County residents. Mr. Nogiec stated he and the other property owners are requesting six areas of concern which he had submitted to the Board by letter be a part of the Conditional Use Permit Mr. Nogiec stated. as a result of a meeting with .the City of Virginia Beach representatives he and the other property owners are requesting that concern #2 be deleted because of some of the legalities that the City of Virginia Beach must deal with. Mr. Nogiec stated he .hopes there will be a period of refinement for the agreement and he would ask that the County Attorney act on their behalf in dealingwith the refinements, as long as the intent is maintained. Mr. Nogiec stated the majority of the properly owners. he is speaking on behalf of have not reached an agreement on their property with the City of Virginia Beach. Pete Green of Windsor spoke in support of the request because of declining ground water supplies. la aooM 16 :~:; 5~6 Chairman. Bradshaw inquired if there were citizens who wished to speak in opposition to the request. Richard Slate of Walters spoke in opposition and urged the Board to deny the request. Richard Keeling of Fox Run Farm spoke in opposition and requested the Board postpone a decision until everything is done in a proper and legal manner. Mr. Keeling requested the Board allow every landowner in the County to settle .with the City of Virginia Beach before approving the CUP. Ewell Barr, President of the Roanoke River Basin Association, spoke in opposition and urged the Board to fully explore and consider all of the potential impacts of granting .the request. Mr. Barr stated the Roanoke River Basin Association has contrary views on the matter and offered their assistance should the Board wish to hear same. Mr. Barr stated the letter from the City of Virginia Beach Manager giving the County assurances that the City of Virginia Beach will not exercise any rights or authority it has in the future over land uses in the County is unenforceable and not binding on the Council of the City of Virginia Beach and the City of Virginia Beach cannot give the County any .assurances for the City of Norfolk. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw requested the County Attorney research the five mile radius and environmental issues, as well as follow-up with the Federal law regarding environmental impact. Supervisor Bradby asked Mr. Warnstaff why the 1987 proposal before the Board was changed to the existing request. Mr. Warnstaff replied the original pipeline route decided in 1982 provided that it would extend through the County and connect the pipeline to Norfolk's raw water pipelines in Suffolk. Mr. Warnstaff stated there were initial concerns in the early 1980's by the City of Norfolk regarding the mixing of the untreated water from Lake Gaston to the untreated. water in Lake Prince. Mr. Warnstaff stated during the 1980's water quality data was collected on the Norfolk raw water system and the Lake Gaston raw water and concluded that by mixing the two. waters together there would be no adverse impact to the Norfolk lakes. Mr. Warnstaff stated it was concluded that it would be a much better operation to bring the water from Lake Gaston into Lake Prince. Mr. Warnstaff stated the City of Virginia Beach has estimated a cost savings of approximately $32,000,000 as a result of not having to build the last eight miles of pipeline, the booster pump station and storage tanks. Supervisor Bradby asked Mr. Warnstaff if the project will have anything to do with the transportation allocations. to the County regarding the new culvert under Route 600. Mr. Warnstaff replied that the City of Virginia Beach has offered to 1 1 1 11 ao~~ 1f :~~~ `~ -? provide the full costs associated with design and construction and is not asking the ~ County to fund any portion of .the construction costs. Mr. Warnstaff stated the City of Virginia Beach's commitment to the County is to provide the funding for those culvert improvements. Supervisor Bradby stated during his tour last Tuesday he noticed that the. water was approximately eighteen inches from the road surface on Route 600. Supervisor Bradby stated the project will put. an additional 6,000,000 additional gallons of water through the Norfolk facility and Ennis Pond Channel appears to be more of a stream to him than a channel. Supervisor Bradby stated the Board cannot jeopardize the properties of citizens of the County to accommodate the City of Virginia Beach. Mr. Warnstaff stated the City of Virginia Beach does propose to add' two new culverts under Route 600 and improve the existing culvert. Supervisor Claud stated he was requested by a property owner to advise him why survey crews were working on their property without their permission which is situated downstream of the discharge point. Supervisor Claud asked if the easements acquired by the City of Norfolk also includes the additional flow from the City of Virginia Beach. Mr. Warnstaff stated he was unable to address why crews were on private property, but he would convey this to his counterpart in the City of Norfolk. Mr. Warnstaff stated the City of Norfolk has been attempting to acquire easements along the Ennis Run Channel for a number of years and in the process of reviewing the easement that Norfolk was acquiring it was concluded by the City of Virginia Beach that the amount of water being introduced in the Channel by the Lake Gaston project fell within the easement areas being acquired by the City of Norfolk Mr. Warnstaff stated the City of Virginia Beach has a services contract with the City of Norfolk and at the point of the water being discharged the City of Virginia Beach's contract requires that the City of Norfolk receive the water and convey it through their system. Mr. Warnstaff stated regarding Supervisor Claud's question on whether the easement includes the Lake Gaston water, in the City of Virginia Beach's view, it does. Supervisor Spady asked if the figure for the total. number of flooded acres has changed since the City of Virginia Beach will enlarge the culverts under the roads. Mr. Warnstaff replied "yes" that under the no rainfall condition the 12.8 acres drops by approximately one acre. Supervisor Bradby,noted for the record that the Planning Commission voted to recommend the Board of Supervisors deny. the request. Supervisor Claud stated he would suggest .tabling consideration of the matter to allow the Board additional time to consider the potential impacts and in view of the fact that there are two property owners upstream of the discharge point and nine property owners south of the discharge point who have not yet reached an agreement with the City of Virginia Beach. 12 BooK 16 ~~.:•5~8 Supervisor Claud offered for the Board's consideration that a condition be placed prior to the request being granted that should the flow of the stream exceed the easement boundaries laid out, then the property owners would be properly compensated for such excess without them having to contest in court. Chairman Bradshaw recommended the Board establish a committee prior to the next meeting to work with the City of Virginia Beach to work out conditions and bring back a recommendation for the Board at their March meeting. Chairman Bradshaw stated in those recommendations .the. landowners' concerns should be addressed and, in the meantime, the County Attorney can research the State and Federal governments' opinions. Chairman Bradshaw stated conditions relative to the City of Norfolk should also be addressed regarding the impact of the pipeline. 1 Supervisor Claud moved the Board table .the matter until the March meeting. The motion was adopted unanimously (5-0). Supervisor Claud further moved that a committee be established consisting of the County Attorney, County Administrator, the Director of Public Utilities and Supervisor Claud and Chairman Bradshaw to work with Virginia Beach to determine conditions for .the CUP and local consent agreement and bring back recommendations at the Board's March meeting. The motion was adopted unanimously (5-0). // At 8:20 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). // Upon returning to open session at 8:35 p.m., Chairman Bradshaw called for the continuation of the public hearings. B. The application of Samuel H. Warren, owner and W. H. Owney, prospective owner, for a change in zoning classification from A- 1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, approximately 2.5 acres of land located on the north side of Burwells Bay Road (Route 621) at the intersection with Moonlight Road (Route 62~ in Hardy Magisterial District. The purpose of the application is for one (1) rural residential lot. Chairman Bradshaw called for citizens to speak in favor or in opposition to the proposed application. Waverly Owney requested the Board's approval of his application. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of u 13 ao~K ~E ~:~::•~ ~~ Samuel H. Warren, as proffered by the applicant. The motion was adopted unanimously (5-0). .~ C. The application of K. George Kantsios (t/ a Mega'dors) to amend Conditional M-1, Conditional Industrial Limited zoning of 2.715 acres of land located at 15221 Carrollton Boulevard (Route 17) in Newport Magisterial District. The purpose of the application is to allow certain business and industrial uses as conditioned. Chairman Bradshaw called for .citizens to speak in .favor of or in opposition to the proposed .application Attorney William Riddick stated he represented the applicant. Mr. Riddick stated Mr. Kantsios desires to construct a building consisting of ten separate units for rental space with the condition that these uses would not be permitted unless Mr. Kantsios built the building that he has proposed. Mr. Riddick stated the application is conditioned upon approval of the site plan by County staff, Mr. Kantsios agrees to construct a turn lane if deemed necessary by VDOT and Mr. Kantsios has agreed to limit his signage to one sign identifying plates for the individual businesses. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 Supervisor Spady moved the Board approve the application of K. George Kantsios for the amended conditions dated February 13,1996. The motion was adopted unanimously (5-0). D. The application of J. B. Whitmore for a change in zoning classification from A-1, Agricultural Limited to R-A, Rural Residential, approximately five (5) acres of land located on the south side of Mill Swamp Road (Route 621) between Modest Neck Road (Route 625) and Stallings Creek Drive (Route 680) in Hardy Magisterial District. The purpose of the application is for a rural residential lot. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed. application. Attorney William Riddick appeared on behalf of the applicant. Mr. Riddick stated because of the road frontage requirements the lot could not be resubdivided and requested the Board's favorable consideration of the rezoning request. Upon no one else appearing, Chairman Bradshaw closed the public hearing .and called. for comments .from the Board. Supervisor Bradby moved the Board approve the application of J. B. Whitmore. The motion. was adopted unanimously (5-0). E. The application of B & J Land Development Corporation and Smithfield Apartments Corporation for a change in zoning 14 eooN 1~ ;,,.: ~~0 classification from A-2, Agricultural General and B-1, Business General, to Conditional M-1, Conditional Industrial Limited, approximately five (5) acres of land located on the east side of Courthouse Highway (Route 258) between Smtt's Factory Road (Route 620) and the Town Limits of Smithfield, in Newport Magisterial District. The purpose of the application is for mini- storage warehousing. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Attorney Robert Jones appeared on behalf of .the applicants. Mr. Jones stated since the Planning Commission meeting an additional proffer .has been added relative to appropriate screenage along the Courthouse Highway. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the application of B & J Land Development Corporation with the conditions proffered including those added on February 9, 1996, by letter. The motion was adopted unanimously (5-0). F. The application of Smithfield Apartment Corporation for a Special Use Permit to utilize the existing residence located at 12607 Courthouse Highway (Route 258) in Newport Magisterial District as an office in addition to residential use. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Attorney Robert Jones appeared on behalf of the applicant.. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of Smithfield Apartment Corporation, as proffered. The motion was adopted unanimously (5-0). G. An Ordinance to Regulate Smoking in Specified Public Places in Isle of Wight County, Virginia. Chairman Bradshaw called .for citizens to speak in favor of or in opposition to the proposed ordinance. County Attorney Crook stated the ordinance as advertised complies with the State statute and the provisions included are mandatory with the exception of Section 1, #6, "Other Public Places". County Attorney Crook stated because "other public places" is such a broad term it is very difficult to define what are public places. County Attorney Crook stated he suggests 1 1 15 .•. eooK 1fi :~.~-~E1 the Board delete #6 under Section I if the Board chooses to adopt the ordinance. " Mary Catherine Foster of Peanut Drive and Nell Cyr of Fire Tower Road, and other employees of the Social Services Department, spoke in favor of the proposed ordinance.. Ludford T. Creef, III, Director of Public Works, spoke in favor of the ordinance. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. . Supervisor .Claud stated second hand smoke is a major health problem and the Board should take into account these. employees are being affected by the second hand smoke and .the County is contributing to their health insurance. .Supervisor Claud stated he would suggest adding County vehicles and buildings owned or leased by .the County. 1 County Attorney Crook stated the County owns buildings and the Board as the governing body can adopt a policy which prohibits smoking. in County-owned buildings. County Attorney Crook stated the proposed ordinance deals with the whole County and the situations described in the ordinance and must comply with State law, however, he believes the Board needs a separate policy to cover the County-owned buildings and vehicles and leave the ordinance to cover the County as a whole. Supervisor. Cofer moved the Board adopt the following Ordinance as presented with the deletion of #6 under Section I: AN ORDINANCE TO REGULATE SMOKING IN SPECIFIED PUBLIC PLACES IN ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, smoking is a major health. problem and is one of the leading causes of diseases and chronic disabilities; and, WHEREAS, the General Assembly of Virginia by an Act or Acts, embodied in Title 15.1, Chapter 8.1 of the Code of Virginia has authorized counties, cities and towns to .adopt ordinances to regulate smoking as therein defined; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it in the best interests of all of the citizens of the County of Isle of Wight, Virginia, to adopt an ordinance to regulate smoking in public places. THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia as follows: 16 eooN 16 >+ ~~~ 5f2 It is unlawful for anyone to smoke in any of the #ollowing places in Isle of Wight County, Virginia: 1. Elevators, regardless of capacity; 2. Common areas in an educational facility, including, but not limited to, classrooms, hallways, auditoriums, and public meeting rooms; 3. Any part of a restaurant designated a "no-smoking" area pursuant to the provisions of this ordinance; 4. School buses and public conveyances; 5. Rooms in which a public meeting or hearing is being held; motion 2 -Exceptions The provisions of this Ordinance shall not be construed to regulate smoking in: 1. Conference or meeting rooms, and public assembly rooms when not opened to the public; 2. Office or work areas which are not entered by the general public in the normal course of business or use of the premises; Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by this ordinance shall post in an appropriate place, in a clear, conspicuous, and sufficient manner, "Smoking Permitted" signs, "No Smoking" signs, or "No-Smoking Section Available" signs. Section 4 -Penalty A. There is hereby imposed a civil penalty of not more than $25 for violation of any provision of this ordinance. B. No person shall smoke in a designated no-smoking area and any person who continues to smoke in such area after being asked to refrain from smoking may be subject to a civil penalty of not more than $25. C. Any law enforcement officer may issue a summons regarding the violation of this ordinance. Section 5 -Construction of Ordinance This ordinance shall not be rnnstrued to permit smoking where it is otherwise prohibited or restricted by other applicable provisions of law. 1 1 17 .•. eoea 16 ~~: Je3 The motion was adopted unanimously (5-0). 1 Supervisor Cofer further moved the Board direct the County Attorney to bring back a County policy regulating smoking on County property and in County vehicles. The motion was adopted unanimously (5-0). // Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the continuation of the County Administrator's section. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY THREE THOUSAND THIlZTY SEVEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has available State grants for grant programs; and, ii L~' WHEREAS, the funds in the amount of twenty three thousand thirty seven dollars ($23,03 need to be appropriated to the grant fund in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty three thousand thirty seven dollars ($23,03 be appropriated to the following line items in the 1995-96 budget of the County of Isle of Wight, Virginia: Drug Free Schools and Communities Act $18,237 Touring Assistance 4,800 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Vincent Doheny, Executive Director, Western Tidewater Community Services Board, requested the Board approve. a document .entitled "Principles to Guide and Operational Concepts For Virginia's Publicly Funded h~1SAS Services". Mr. Doheny stated. he is attempting to integrate .the system into a single system in which the control will be vested in the localities and the monies funneled through the forty community service boards who would buy services from the State, mental health, 18 eoaN 16.~h•5fi~ hospitals and the training facilities. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ENDORSE PRINCIl'LES TO GUIDE AND OPERATIONAL CONCEPTS FOR VIRGINIA'S PUBLICLY FUNDED NIRNII iSAS SERVICES WHEREAS, a .coalition of organizations including the Virginia Association of Community Services Boards, Virginia Alliance for the Mentally Ill, Virginia Mental Health Association, and Virginia Mental Health Consumers Association have worked together to develop principles and concepts that should serve as the foundation for the future system of publicly-funded Mental Health, Mental Retardation, and Substance Abuse Services (M[-IlViRSAS) in Virginia; and, WHEREAS, the adherence to such principles and concepts is necessary to ensure the provision of quality MI-BVIRSAS services to the target populations which historically have been served with public funding. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID that the Board of Supervisors of the County of Isle of Wight, Virginia endorses the Principles to Guide and Operational Concepts for Virginia's Publicly- Funded IV'IlZMI~3SAS Services and supports the implementation of said principles and concepts. The motion was adopted unanimously (5-0). John Nelms, Chairman, Isle of Wight Parks and Recreational Facilities Authority, requested the Board restore to the budget the $60,000 for capital improvements to confinue the Nike Park renovation effort. Mr. Nelms stated the Authority is requesting funds now so that when the weather breaks the Authority can have the park repairs completed for use by the public. this year. Supervisor Bradby moved the Board approve the request in the amount o~ $60,000. The motion passed (4-1) with Supervisors Claud, Cofer, Spady and Bradby voting in favor of the motion and Chairman Bradshaw voting against the motion. The Board concurred with the request of the Board of Directors of the Recreational Facilities Authority for a joint meeting on March 6, 1996 at 9:00 a.m. to discuss issues and concerns of the Authority with the Board. County Administrator Caskey stated that included in the agenda is correspondence from the Suffolk City Manager proposing that the County and the City initiate discussions relative to the feasibility of the City of Suffolk and the County jointly providing water resources and service within the Routes 10 / 17/460 areas. Supervisor Cofer moved the Board authorize the County Administrator, County Attorney and Director of Public Utilities to initiate 19 Tt eoeK 16:,...~~5 discussions. The motion was adopted unanimously (5-0). 1 County Administrator Caskey stated that included in the agenda for the Board's consideration is the 1995-96 Local Government -State Government Cooperative Agreement for Health Department .services. Supervisor Spady moved the Board approve the 1995-96 Local Government -State. Government Cooperative Agreement and authorize the sum of $21,509, representing unmatched and year-end adjustment funds, be applied to certain renovations at the Health Department subject to the County Attorney's approval of the form of the agreement. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR LEASE PAYMENTS FOR THE COUNTY FAIR SITE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is engaged in a lease agreement for the County Fair site; and, 1 WHEREAS, the funds in the amount of seven thousand dollars ($7,000) need to be appropriated from the unappropriated fund balance of the General Fund for lease payments for the calendar years 1995 and 1996 for the County Fair site. NOW, THEREFORE, BE IT .AND IT TS HEREBY RESOLVED by .the Board of Supervisors of the County of Isle of Wight, Virginia that seven thousand dollars ($7,000) from the unappropriated fund balance of the General Fund be appropriated for lease payments for the County Fair site in the 1995-96 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 acrnunting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Richard Percey Pierce, Tidewater Model Soaring Society, requested permission from the Board for the Tidewater Model Soaring Society to operate radio. controlled model sailplanes periodically. on the adjoining County fair site. 1 Supervisor Spady moved the Board table the matter until the March meeting and that the matter be referred to the County Attorney for his review and recommendation. The .motion was adopted unanimously (5-0). County. Administrator Caskey presented a request from the Sheriff relative to a grant application involving the Virginia Division of .Motor Vehicles. Mr. Caskey. stated the Sheriff is requesting the Board consider 20 eoaK 16 ~; -~~5fi6 appropriating $5,000 in local funds to match the State grant as a local match would improve his ability to secure grant funding in the future. Donald T. Robertson, Assistant to the County Administrator, stated the funds would be used to set up sobriety checks, for selective enforcement and normally covers overtime hours for deputies. Supervisor Spady stated he would prefer to apply $5,000 towards a matching fund grant. Supervisor Cofer moved the Board table consideration of the Resolution to Appropriate $5,000 for the Sheriff's Office to Conduct Police Traffic Services for sixty days during the budget process. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR PARTICIl'ATION COSTS IN THE VIRGINIA CIVIL WAR TRAIL PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved participation costs for the Virginia Civil War Trail Program; and, WHEREAS, the funds in the amount of two thousand dollars ($2,000) need to be appropriated from the unappropriated fund balance of the General Fund for participation costs in the Virginia Civil War Trail Program. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors of the County of Isle of Wight, Virginia that two thousand dollars ($2,000) from the unappropriated fund balance of the General Fund be appropriated for participation costs in the Virginia Civil War Trail Program to the Tourism Bureau line item in the 1995-96 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, .Virginia is authorized to make the appropriate accounting adjustments in the .budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN THOUSAND FOUR HUNDRED NINETY DOLLARS FOR EXTERIOR SIDING FOR THE WOOD FRAME OFFICE ANNEX WHEREAS, the Board of Supervisors of the County of Isle of Wight, 1 21 .•. eoeM 16~~;~~5f7 Virginia has authorized the purchase of vinyl siding for the wood frame office annex at the Isle of Wight County Complex; and, 1 WHEREAS, the funds will need to be appropriated from the unappropriated fund balance of the General Fund in the amount of seven thousand four hundred ninety dollars ($7,490) for the purchase and installation of vinyl siding for the wood frame office annex at the Isle of Wight County Complex. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of .Isle of Wight, Virginia that seven thousand four hundred ninety dollars ($7,490) from the unappropriated fund balance of the General Fund be appropriated for. the purchase and installation of vinyl siding for the wood frame office annex at the Isle of Wight County Complex to the Buildings and Grounds line item in the 1995- 96 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to make the appropriate accounting adjustments in the 1995-% budget. and to do all things necessary to give. this resolution effect. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRIATE TWO THOUSAND ONE HUNDRED. TWENTY THREE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR. SHELVING AT THE .POOR HOUSE FARM STORAGE FACILITY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has .approved a request to purchase shelving for the Poor House Farm Storage Facility; and, WHEREAS, the funds in the amount of two thousand one hundred twenty three dollars ($2,123) need to be appropriated. from the unappropriated fund balance of the General Fund for the purchase of shelving for the Poor House Farm Storage Facility. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two thousand one hundred twenty three dollars ($2,123) from the unappropriated fund balance of the General Fund be appropriated for the purchase of shelving for the Poor House Farm Storage Facility to the Buildings and Grounds Equipment line item in the 1995-96 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 aooounting adjustments in the budget and to do all things necessary bo give this resolution effect. 22 eQ~~ 16 :~ ~ 5~8 The motion was adopted unanimously (5-0). Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE COMMONWEALTH OF VIRGINIA, CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT 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 Commonwealth of Virginia, Chesapeake Bay Local Assistance Department for the Chesapeake Bay Preservation Act Program; and, WHEREAS, the funds in the amount of twenty-five thousand dollars ($25,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department need to be appropriated to the Chesapeake Bay Preservation Act Program line item in the 1996-97 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty- five thousand dollars ($25,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department be appropriated in the 1996-97 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things. necessary to give this resolution effect. The motion was adopted unanimously (5-0). Anne F. Seward, Director of Budget and Finance, stated the County has a potential refunding option of two previously issued bond issues which can potentially provide a savings of $365,000 over the course of the fourteen years remaining on this debt of which $114,000 would be recognized over the course of the next fiscal year, thereafter between $12,000 and $20,000 every year. Ms. Seward stated this estimate is based on the assumption that the County designate these refunding bonds as "bank qualified" .which would require that the County not issue more than $10,000,000 of debt over the course of this calendar year. Ms. Seward stated the estimate is subject to change because it is relative to the market interest rate and therefore the potential savings could. increase or decrease depending on same. Ms. Seward stated should the Board choose to pursue this option the County would be required to submit an application to the State Council on Local Debt by March 6, 1996. Ms. Seward stated the application would not obligate the County to issue these bonds, rather it would make it available for the County to pursue if desired. n 1 23 eo~~ 16 >~~:~ ie~ Supervisor Cofer moved the Board authorize the County Administrator to submit an application to the State Council on Local Debt for the refunding of 1990 and 1991 bonds. for a potential savings of approximately $350,000. The motion was adopted unanimously (5-0). 1 Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE EIGHTEEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR ENHANCEMENTS TO THE DATA PROCESSING SYSTEM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has purchased a new data processing system; and, WHEREAS, the funds in .the amount of eighteen thousand dollars ($18,000) need to be appropriated from the unappropriated fund balance of the General Fund for needed enhancement to the data processing system for the fiscal year 1995-96. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighteen thousand dollars ($18,000) from the unappropriated fund balance of the General Fund be appropriated for needed enhancements tv the data processing system in the 1995-96 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make. the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey noted a recent meeting with Franklin City officials and Union .Camp officials relative to water resources to investigate the feasible alternatives to a water supply source to_serve the southern end of the .County, the City of Franklin and the Union Camp Corporation. Mr. Caskey stated that included in the agenda is a draft RFP to be jointly issued by the County and the City of Franklin to be distributed to the engineering community for the intent of procurement of professional services to investigate alternatives available for a water source. Supervisor Cofer moved the .Board. authorize the County Administrator and County Attorney to develop an RFP for consulting services relative to water sources as recommended by the County Administrator. The motion was adopted unanimously (5-0). 1 Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO DECLARE A LOCAL EMERGENCY 24 eoe~ 16 .~:;~ 570 WHEREAS, due to the snow and ice .storm which occurred on February 2-3, 1996; and, WHEREAS, due to the ongoing financial hardship caused to the community's citizens and business, the proclamation of an emergency is necessitated; and, WHEREAS, Section 44146.21 of the Code of Virginia provides for the a declaration of local emergencies; and, WHEREAS, the Isle of Wight County Board of Supervisors has approved an Emergenry Operations Plan. . NOW,. THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does consent to the declaration of a local emergency. BE IT FURTHER RESOLVED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services for the County of Isle of Wight and other local officers and employees having emergency responsibilities shall be those prescribed by the Plan and all applicable State and Federal law; and, BE IT FURTHER RESOLVED that this resolution is effective this date, and shall remain in effect until rescinded by the Board of Supervisors as provided by law. The motion was adopted unanimously (5-0). County Administrator Caskey presented a request from the Isle of Wight Parks and Recreational Facilities Authority to use the Courthouse Complex for an Annual Easter Egg Hunt. Supervisor Spady requested the County Administrator advise .the Authority of the Board's permission to hold the event. County Administrator Caskey presented for the Board's information a financial report from the 1995 County Fair. County Administrator Caskey presented for the Board's information a report from the United States Department of Agriculture, Rural Economic Community Development Division, relative to their plans to vacate a portion of the Public Services Building. County Administrator- Caskey noted the budget calendar presented to the Board at their January meeting calls for a work session on March 18, 1996. Supervisor Cofer moved the Board set a work session on March 18, 1996 at 3:30 p.m. for budget discussion. The motion was adopted unanimously (5-0). 1 1 25 soon 1E ~.: ~~~ i ~ County Administrator Caskey stated he understands from the Board that there should be a work session conducted on the draft Comprehensive Zoning Ordinance to provide the Board a detailed briefing of the Ordinance. Mr. Caskey stated he and Bryan .David will prepare a recommended working schedule for the Board's March meeting concerning the draft Comprehensive Zoning Ordinance. // Chairman Bradshaw called for Old Business. There was no old business offered for discussion by the Board. . // Chairman Bradshaw called for New Business.. There was no new business offered for discussion by the Board. // Chairman Bradshaw called for Appointments. 1 Supervisor Bradby moved the Board appoint Otis Farmer to replace Betty Olsen representing the Hardy District on the Commission on Aging whose term will expire in February of 1997. The .motion was adopted. unanimously (5-0). Supervisor Claud moved the Board appoint W. L. Jones representing the .Windsor .District on the Board. of Building Appeals whose term will expire in February of 2001, replacing Stanley Turner. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Supervisor Cofer to replace Joel C. Bradshaw, Jr. as the Board's voting member on the Smithfield-Isle of Wight Chamber of Commerce. The motion was adapted unanimously (5-0). Supervisor Claud moved the Board appoint Gracie Porter representing the Windsor District on the Commission on Aging for an additional three- year term whose term will expire in April of .1998. The motion was adopted unanimously (5-0). 1 Supervisor Claud moved the Board appoint Dorothy G. Gwaltney representing the Windsor District on the Historical Architectural Advisory Committee to replace W. E. Garrison whose term will expire in September of 1996. The motion was adopted .unanimously (5-0). Supervisor Claud moved the Board reappoint Wesley Ray Holland representing the Windsor District on .the Planning Commission for afour- year term whose term will expire in February of 2000. The motion was adopted unanimously (5-0). 26 r. eoox 1f ~~-: ~~r7? Supervisor Claud moved that he be appointed to serve as a replacement for Steve W. Edwards on the Transportation Safety Committee whose term expires in December of 1996. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board reappoint. Robert W. Manly representing the Smithfield District on the Planning Commission for an additional four-year term whose term will expire in February of 2000. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board appoint James Wesley Brown representing the Smithfield District on the Wetlands Board whose term will expire in February of 2001, replacing Fred Barrett. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board appoint Stanley Turner representing the Hardy District on the Board of Building Appeals for afive- year term whose term will expire in February of 2001, 'replacing Edward R. Holdsworth, Jr. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board reappoint Bobby A. Bowser representing the Hardy District on the Planning Commission for an additional four-year term whose term will expire in February of 2000. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board reappoint Sandra Freeman for a one-year term to the Southeastern. Tidewater Opportunity Project which will expire in January of 1997. The motion was adopted unanimously (5-0). County Attorney Crook stated the County's Committee appointed under the Comprehensive Services Act is requesting the Board appoint the replacement for the prior Director of Budget and Finance so that the applications for reimbursement are processed properly and that finances, monies received and disbursed by the Committee are properly accounted for. Ms. Seward stated many other localities utilize their Social Services financial director in this capacity and suggested the Board may wish to appoint other parties engaged in fiscal and financial management stating her duties as the County's Budget and Finance Director were already extensive and very time demanding. County Attorney Crook stated the Board may wish to hear from the Comprehensive Services Act Committee before acting on the matter as they had requested the appointment of the County's Budget and Finance Director. The Board concurred that the matter could be tabled until the next meeting of the Board. // 27 I 1 ,~. 1 1 1 eooK . 16 ~~.~~573 County .Attorney Crook requested an executive session pursuant to Sections 2.1-344 Al and 7 of the Freedom of Information. Act concerning advice of counsel concerning actual or probable litigation, consultation with staff and counsel concerning several personnel matters and advice of counsel relative to a contractual agreement. At 10:00 p.m., Supervisor Spady moved the Board enter executive session for the reasons stated by the County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 10:33 p.m., Supervisor .Claud 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;. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies. that, to the best of each member's knowledge, (i) only public business matters .lawfully exempted from open meeting. requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). // 28 ,..~ Boor 16 -~:~57~ At 10:35 p.m., Supervisor Cofer moved the Board continue its meeting to 3:30 p.m., Monday, February 26, 1996. The .motion was adopted unanimously (5-0). Phi A. Bradshaw, Chairman W. Dougl skey, Cle 1 f ~