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04-16-1998 Regular Meetingeooa 1 i ,~ : ~~~6 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPER~JISORS HELD THE SIXTEENTH DAY OF APRIL IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby ABSENT: Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Spady. // Chairman Claud called for Special Presentations. Chairman Claud acknowledged Ernestine Slade who was selected the 199$ Foster Parent of the Year by the National Foster Parent Association. Mrs. Slade thanked the School Board, the Department of Social Services and the Board of Supervisors for her recognition. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE MRS. ERNESTINE SLADE FOR HER ACCOMPLISHMENTS WHEREAS, Mrs. Ernestine Slade has been a licensed foster parent with the Isle of Wight County Department of Social Services agency since 1983; and, WHEREAS, Mrs. Slade has cared for more than forty (40) children of all ages, races, and varying degrees of service needs placed in her home; and, WHEREAS, Mrs. Ernestine Slade has been selected as the 1998 Foster Parent of the .Year by the National Foster Parent Association and will be recognized as such at their national conference in Orlando, Florida. 1 1 1 ~: Bo~K 1 ~.: ~~7 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Mrs. Ernestine Slade is recognized and congratulated on her being selected as the 1998 Foster Parent of the Year by the National Foster Parent Association. The motion was adopted. by the following vote: Claud, Bradby, Bradshaw and Spady far the motion; none against. // County Administrator Casket' noted there are two items contained irr his section of the agenda that pertain to the Victim Witness Assistance Program and he requested the Board consider these at this time. Supervisor Spady moved the Board amend the order of the agenda, as requested. The motion was adopted unanimously (4-0). Chairman Claud acknowledged the. presence of Sharon Frix, Victim Witness Coordinator, and presented her with a resolution designating April 19- 25, 1998 as National Crime Victims' Rights Week. Supervisor Bradby moved the Board adopt the following resolution: 1 .RESOLUTION TO DESIGNATE APRIL 19 - 25, 1998 • AS NATIONAL CRIME VICTIMS' RIGHTS WEEK WHEREAS, one violent crime is committed every. l 8 seconds in America; and, WHEREAS, there are over 250,000 serious crimes reported annually to Virginia law enforcement officials; and, WHEREAS, law abiding citizens are no less deserving of justice, rights, resources, restoration, and rehabilitation than the violent offenders who victimize them; and, WHEREAS, crime victims and their advocates over the past two decades have made unparalleled progress toward balancing the scales of justice in our criminal justice system; and, 1 WHEREAS, as a nation devoted to liberty and justice for all, America must protect, restore and expand crime victims' rights. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 19-25, 1998 be designated as Crime Victims' Rights Week. 2 BOON 17 ~~: ~~O The motion was adopted by the following vote: Claud,. Bradby, .Bradshaw and Spady for the motion; none against. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE -GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission. of an application for a Victim Witness Assistance Program to the Commonwealth of Virginia Department of Criminal Justice Services; and, WHEREAS, funds in the amount of forty nine thousand three hundred sixty-six dollars ($49,366) or as .much as shall be received from .the Commonwealth of Virginia Department ofCriminal Justice Services, need to be appropriated to the Victim Witness Assistance Program line item in the 1998-99 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 funds in the amount of forty nine thousand three hundred sixty-six dollars ($49,366), or as much as shall be received from the Commonwealth of Virginia Department of Criminal. Justice Services, be appropriated to the Victim Witness Assistance Program line item in the 1998-99 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments in the budget for this. grant and to do all things necessary to give this resolution effect. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. // Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). 1/ Chairman Claud indicated the following Consent Agenda. included Item Z, A through C, and asked if there were any items for removal: A. Delinquent Real Estate Tax Collection Monthly Repoli 1 3 „7 n~ BOCK ~ 1 .r ; °.t B. ,March 18, 1998 Continued Meeting Minutes C. March 19, 1998 Regular Meeting. Minutes There being no items requested by the Board members for removal, Supervisor Bradshaw moved the Board approve all items of the.Consent Agenda. The motion was adopted unanimously (4-0). // Chairman Claud called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, briefed the Board on the various projects commencing this construction year, work recently completed and the status of certain projects. Regarding the Route 10 Bypass at the Cypress Creek Interchange, Mr. Neblett advised that the overlay work should commence the first two weeks in May between the stop light at South Church Street and West Main Street. Widening of the pavement will occur at the interchange area, as well. as improvement to the. stripping with asphalt. VDOT will be installing reflective pavement markers at this location and he has asked. that the traffic engineer review the lighting situation, as well. Regarding the Cypress Creek Connector (Route 258 to Shady Drive), Mr. Neblett-stated the Route 258 corridor. is being reviewed between Franklin and Smithfield, including the Route 260 corridor.. Regarding the Blackwater River Bridge on Route 58 Business, Mr. Neblett stated he would request Supervisor Bradshaw contact the VDOT Location Design Engineer. At this point, VDOT personnel are presently gathering location information. Regarding the Route 258/Courthouse Road, Mr. Neblett stated VDOT roadway personnel are reviewing the situation and the project, weather permitting, is anticipated to be complete by late Fall. Regarding the Route 58/258 Connector (Route 260), Mr. Neblett stated VDOT has determined a preliminary alignment which is very close to the original alignment. The start date is in the year 2000. Regarding the Rescue Bridge Project, Mr. Neblett stated additional borings (core samples) have been taken and VDOT anticipates meeting with the County in the next thirty (30) .days to go over two different proposals. Regarding .West Blackwater Road, Mr. Neblett stated an outfall ditch needs to be cut in one area and the project should be complete within the next thirty (30) days. Regarding. Raynor Road, Mr. Neblett stated VDOT anticipates an advertisement date of December, 1998. Regarding Pruden Road, Mr. Neblett stated the curve has been =° staked and he has made an attempt to contact Ms. Rhodes to further discuss the issue. Regarding Holly Run Road (Route 615), Mr. Neblett stated a speed study will be performed as soon as the District Traffic Engineering. Section can get it in their schedule. Mr. Neblett stated he has spoken with the Superintendent and Maintenance Manager regarding efforts to clean the ditches to alleviate the drainage problem. Regarding Nike Park Road (Route 669), Mr. Neblett stated he has. spoken with the Superintendent regarding the needed work. on this road. Regarding Muddy Cross Road (Route 620), Mr. Neblett stated he would contact Chairman Claud and invite him to the meeting as soon as it is scheduled. 4 804K 17 ~7U Regarding Bradby Lane (Route 720), Mr. Neblett stated VDOT has performed some of the ditch work and the culvert has been cleaned. Regarding traffic counts for unpaved road, Mr. Neblett stated he has spoken with VDOT Traffic Engineering personnel to see if these counts can be performed at least every two years. Regarding Oliver Drive (Route 600), Mr. Neblett stated VDOT has performed ditching work at Oliver Drive and Route 10 and repaired affected areas with stone.. Regarding Kings Cove Way (Route 659), Mr. Neblett stated he would attempt to have the traffic accident count by Monday for Supervisor Spady. Chairman Claud called for comments from the Board. Supervisor Bradby requested the status of Emmanuel Road. Mr. Neblett promised to find out if the ditching efforts have been accomplished and report to Supervisor Bradby on his findings.. Supervisor Bradshaw requested the status of the reduction of the .speed .limit on Carrsville Highway/Route 58. Mr. Neblett noted a study has been performed, but he has not yet received a response from Richmond. Mr. Neblett noted he .would make the necessary phone call to move the matter forward. Supervisor Bradshaw requested the status. of the turn lanes in proximity to the Carrsville Convenience Center. Mr. Neblett noted he will request VDOT's engineering department review his request. Supervisor Bradshaw reminded Mr. Neblett he previously requested a study be performed to improve the intersection at Route 58 Business/Route 258. Brenda Marshall presented a petition containing 200 signatures requesting a stop light and speed limit reduction at the Route 58/Route 258 intersection. She further requested that the double line .beyond the houses on Route 258 be extended. Mr. Neblett noted he would request the VDOT traffic engineering section review her request. Supervisor Spady moved the Board designate Country Way and Twin Hill Lane as candidates for Pave-in-Place funds. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for. the motion; none against. Chairman Claud requested citizens to speak regarding highway concerns. 1 1 5 ao~~K ~ ~ 7 ~ X71 Mr. Hartley presented the. Board with a copy of a request from Robert S. Kenerley to consider Johnson Lane under the Rural Addition Program.: I~ Mr. Hartley distributed correspondence from VDOT responding to a request from residents on Sugar Hill Road and advising that. the road may. be considered for Secondary Road Improvement funds. Mr. Hartley noted he will keep the request on file for consideration when secondary road issues come up again in the Fall. // Chairman Claud called for Citizens Comments. Donald Landing, resident of Obrey Farms, speaking on behalf of his son, Timothy Donald Landing,. who purchased a lot in October of .1994, requested the Board consider his request for a water hook-up fee of $875. Chairman Claud informed Mr. Landing that staff would look into the matter and respond back to Mr. Landing. // 1 At 7:00 p.m., Supervisor Bradshaw moved the. Board. amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (4-0). // Chairman Claud called for a public hearing on the following: A. The application of Charles E. Chamberlain far a Conditional Use Permit to locate a mobile home to be occupied by Hazel Warner, mother-in-law, on 28.2.7 acres of land located at 19412 Tomlin Hill Drive (Route 649) in Hardy Magisterial District. 1 Chairman Claud called for persons to speak in favor of or in opposition to the application. Charles Chamberlain, applicant, noted the request is a hardship request in that-the mobile home would be for an ill mother-in-law. Mr. Hartley provided the Board with a copy of correspondence from R. D. Hayes of 19450 Tomlin Hill, Zuni, Virginia dated April 14, 1998, opposing placement of the trailer citing certain concerns. Mr. Chamberlain responded to Mr. Hayes' concerns noting that, under no circumstances would another mobile home be .placed on the property if his 6 auex 1 ~ ,;, c~79 mother-in-law was not living in it, nor would there be any other mobile homes placed on the property. Mr. Chamberlain commented that the trailer is solely for the use of his mother-in-law and when she no longer has a use for the mobile home, it will be removed. County Attorney Crook advised this application is for a Conditional Use Permit for a mobile home for the mother-in-law only and when the. mother-in-law no longer lives there, the mobile home must be removed and these are conditions of the permit. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Charles E. Chamberlain, as conditioned. The motion was adopted as follows: Claud, Bradby, Bradshaw and Spady for the motion; none against. Supervisor Bradshaw requested Mr. Hartley contact Mr. Hayes to clarify his questions. ' B. The application of Michael Cawthon for a Conditional Use Permit to locate a mobile home to be occupied by Elizabeth Bryant on 2.92 acres of land located at 7485 Peanut Drive, Windsor, in Hardy Magisterial District. Chairman Claud called for citizens to speak in favor of or in opposition to the application. Upon no one appearing, Chairman Claud closed the public hearing and called for comments from the Board. County Attorney Crook explained the Planning Commission considered the matter at its January meeting and was not aware of any deed or plat restrictions at that time. However, after the Planning Commission meeting, but before it was heard by the Board, it was brought to staffs attention by an adjacent land owner that there was a restriction on the plat which prohibited mobile homes in that subdivision. As a result, the matter was returned to the Planning Commission as the policy that has been followed by both the Planning Commission and the Board is not to approve mobile homes that are contrary to subdivision restrictions. The Planning Commission recommended unanimously that the Board not approve the application as doing so will depart from established policy. In view of the County Attorney's comments, Supervisor Bradshaw moved the Board not approve the application of Michael. Gawthon. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. 1 7 r _~ ao~K 1? ~,:; 673 C. ,HOME Investment Partnership Program Funds for the 1998-99 Program Year Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, noted the. public hearing this evening is to solicit public comment about the. Program and is simply a requirement of the grant;, Mr. .. Robertson noted no action is necessary on the part of the Board. Chairman Claud called for citizens to speak in favor of or in opposition to the Program. There being none, Chairman Claud closed the public hearing. D. Proposed Fiscal Year 1999-2003 Capital Improvements Program (CIP) Mr. Hartley noted the CIP was considered by the Plannirg Commission at its. public hearing on March 10, 1998 which recommended that the computers and software be considered in the operating budgets of each agency's request, Mr. Hartley noted the CIP reflects a reduction in that the School Board has already allocated for school buses. in the current funding year. Chairman Claud called for citizens to speak in favor of or in opposition to the proposed CIP. 1 Upon no one appearing, Chairman Claud closed the public hearing and noted the Boazd would not take action tonight as it has a work session scheduled on this matter for Apri130, 1998 at 2:00 p.rn. Supervisor Bradshaw moved the Board table action until the Board's May 7, 1998 meeting. The motion was .adopted unanimously (4-0). E. 1997-98 Proposed School Budget County Attorney Crook advised the Board that a mistake did occur in the publication for the public hearing. The statute requires that the public notice be seven (7) days prior to the public .hearing and an additional seven (7) days before the Board can act on the Budget. The notice was properly published seven (7) days before the public hearing citing April 16, 1997 at 7:00 p.m. which is correct; however, a second paragraph states that those persons wishing to be heard can appear on April 17, 1997 at 7:00 p.m. This mistake was corrected and republished; however, the second publication is not more than seven (7) days before the public hearing, but the first publication was, and it is his opinion that it meets the requirements and the Board can proceed with the public hearing. 1 Chairman Claud called for citizens to speak in favor of or in opposition to the proposed School Budget. Dr. Jane T. York, School Superintendent, spoke on behalf of the School 8 BOQK 1~ ;^.;'~~4 Board and urged the Board's full funding of the Budget. Upon no one speaking in opposition, Chairman Claud closed the public hearing. Chairman Claud noted the Board has scheduled a work session on April 21, 1998 at 7:00 p.m. and he would recommend the Board table action on the School Budget. County Attorney Crook advised the Board is required by law to approve the School Budget by May 1, 1998 or thirty (30) days from the time the estimates were received from the State, .which is before May 1, 1998. Supervisor Bradshaw moved the Board table action until the. Board's April 30, 1998 meeting following the work session between the Board of Supervisors and the School Board. The motion was adopted unanimously (4-0). // Supervisor Spady moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Richard Cassell of Carrollton requested a status report regarding the Race Trac facility (construction of turn lane into King's Cove Way). Supervisor Spady responded the Resident Engineer of VDOT has not yet received the traffic accident reports and directed Mr. Hartley request the status of this project when he meets with the Resident Engineer on Monday. Mr. Cassell further requested that the roadway he raised one (1) foot on King's Cove Way. Supervisor Spady noted he would call Mr. Cassell's request to the attention of the Resident EngineerNDOT. Pat Clark of Twin Hill Lane commended the Board on its recent "Town Meeting" and for staff forwarding to him a summation of the meeting: Mr. Clark requested that such materials be distributed to citizens in the County. Mr. Clark expressed a desire to continue efforts to control growth in the County. Chairman Claud noted that. copies of the summation will be provided to the .various libraries for reference by interested citizens and that a public notice advising of same would be published in the local newspapers. Evelyn Chandler presented the Board with. a status report. on the Boykin's Tavern Initiative noting that an ISTEA grant has been filed for $200,000.. In addition, the General Assembly, approved $225,000, of which $200,000 will be J 1 1 9 aooK~ ~7 ;;,;~E75 available in "July, 1998 and the remaining $25,000 in July, 1999, contingent upon the approval- of the Governor. From Historical Society members, individual citizens', businesses and organizations; $37,899 has been raised. The Historical Society has a certificate earmarked for $20,000. Pledges of $2,125 are still outstanding. ISTEA funding is $.75,000 and the Board has placed $44,000 in its CIP for a total of $179,000.24. The Historical Society media challenge is to secure $20,976 by July 1, 1998 in order to have a total of $200,000 by July 1, 1998, stated Mrs. Chandler. // Chairman Claud called for the Community Development report. Mr. Hartley recommended the Board's approval of a resolution contained in the agenda in support of the preparation and filing of an application fora 1998 planning. grant through the Virginia Community. Development Block grant program. Chairman Claud moved the Board adopt the following. resolution: RESOLUTION IN SUPPORT OF PREPARATION AND FILING OF AN APPLICATION FORA 1998 PLANNING GRANT THROUGH THE VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS,. financial assistance is available to local governments through the Commonwealth of Virginia's Community Development. Block Grant (CDBG) Program for planning and preliminary design activities; and. WHEREAS, in order to receive such financial assistance, it is necessary to file an application for a Planning Grant with the Virginia Department of Housing and Community Development (VDHCD); and WHEREAS, the Town of Windsor wishes to apply for $20,000 in 1998 Planning Grant fundsduring the first application round to be used in a planning study to resolve the Town's priority community development needs through the development of the Railway South/Route 2S8 Comprehensive Community Development (CCD) Plan; and WHEREAS, the Town of Windsor is expected to commit $2,000 in local funds (FY99) to the planning study contingent upon receipt of said. planning grant from VDHCD for a total planning budget of $24,000; and WHEREAS, the planning study.may lead to the submission of a 1999 Community Improvement Grant Application that, if funded, will address the National Objective of benefiting low-to-moderate income (LMI) persons; and WHEREAS, the Town Manager, as Chief Administrative Office of the 10 I' eoo~ 17 ~ar..~676 Town of Windsor will be authorized to undertake the preparation of said application for filing with the Virginia Department of Housing and Community Development on or before tl~e April 17, 1998 submission deadline. The Isle of Wight County Board of Supervisors supports the Windsor Town Council in requesting the Virginia Department of Housing and. Community Development to consider and fund said application and program, said. program being in accordance with regulations for the use and expenditure of Planning Grant Funds. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors agrees to enter into partnership with the Town of Windsor in their application for above said Planning Grant and agrees to commit $2,000 in FY99 funds to the planning study contingent upon receipt. of said planning grant from. VDHCD. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. Mr. Hartley presented a request for an exception to Section 4-4-1-4 of the Isle of Wight County Subdivision Ordinance for the Gatling Pointe South Subdivision, Phases 2A, 3 and future phases, Newport Magisterial District. Mr. Hartley noted the Planning Commission did recommend approval to the Board. Mr. Hartley noted this is the. type of issue the Board may wish to revisit when it revises the. Subdivision Ordinance citing the question of why the County would have a more stringent standard than what VDOT requires. Supervisor Bradshaw moved the Board approve the exception. The motion was .adopted (3-0) with Chairman Claud and Supervisors Bradby and Bradshaw voting in favor of the motion and Supervisor Spady abstaining from voting on the matter. Mr. Hartley. noted $38,000 in local assistance funds were approved by the Chesapeake Bay Local Assistance Department. Mr. Hartley noted by a vote of 5-4, the Planning Commission had recommended approval of the Graymor rezoning application. Mr. Hartley further noted he will be providing updated information to the Board and requested the Board members return their notebooks pertaining to the Graymor application so that the additional information can be inserted. Mr. Hartley noted staff will advertise a public hearing on the Graymor application far the Board`s May 2l, 1998 .meeting. // Chairman Claud called for the County Administrator's report. County Administrator Casket' presented a resolution recognizing April 19- 1 1 1 11 ~~ eoox ~? .~,:~ 677 25,1998 as National County Government Week which he would recommend the Board adopt. Supervisor Bradshaw moved .the Board adopt the following resolution: RESOLUTION TO DESIGNATE APRIL 19 - 25, 1998 AS NATIONAL COUNTY GOVERNMENT WEEK WHEREAS, county government is-the oldest form of local government in the United States; and, WHEREAS, Virginia is the birthplace of county government, with the first counties in America being Virginia's. eight original shires that were established in 1634 and the County of Isle of Wight has been in existence for over three hundred fifty years; and, WHEREAS, ninety-eight percent of the nation's population and two thirds ofVirginia's population live in counties; and, WHEREAS, county governments provide a wide range of services for the benefit of all people and are often the last available resource for providing critical and long-term services for the poor, the homeless, immigrants, refugees and the disadvantaged; and, WHEREAS, over the past thirty years county governments have assumed increasing responsibility for the administration and financing of health, welfare, justice, transportation, housing and community development programs and county governments have also been assigned a greater role in solving area-wide problems dealing with air pollution, water pollution, solid waste disposal, airports, transit systems, regional parks and other important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia joins all other. counties in the United States and recognizes the week of April 19-25, .1998 as National County Government Week. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. County Administrator Casket' stated the Hampton Roads Partnership is requesting each locality. to favorably consider a resolution endorsing the activities of the Partnership and acknowledging that the Partnership would be the recipient of any regional competitiveness funding that might be received for the 1998 funding year on behalf of the region. Mr. Casket' recommend the Board adopt the resolution, contained in the agenda to authorize the Hampton Roads Partnership to cant' out the provisions of the Regional Competitiveness Program and approving the fund distribution methodology proposed by the Partnership. 12 eooK 1? ~~~;~678 Chairman Claud moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE HAMPTON ROADS PARTNERSHIP TO CARRY OUT THE PROVISIONS OF THE REGIONAL COMPETITIVENESS PROGRAM AND APPROVING THE FUND DISTRIBUTION METHODOLOGY PROPOSED BY THE HAMPTON ROADS PARTNERSI--IIP WHEREAS, in 1996 the Virginia General Assembly adopted the Regional Competitiveness Act (the Act), Chapter 26.3 of Title 15.1 of the Code of Virginia, 1950, as amended, to encourage counties, cities and towns to work together for their mutual benefit and that of the Commonwealth of Virginia; and, WHEREAS, to encourage regional strategic planning and cooperation, the Act establishes an incentive fund administered by the Virginia Department of Housing and Community Development (VDHCD) to be used to encourage and reward regional strategic economic .development. planning and joint activities; and, WHEREAS, the Act provides monetary incentive, totaling Ten Million, Thirty-five Thousand, Two Hundred Thirty-nine Dollars ($10,035,239) in 1998, for distribution among the State's regions to communities that have qualified pursuant. to the Act and in accordance with all applicable statutes and. by procedures adopted by the VDHCD, with the 1998 round incentive funds being due July 1998; and, WHEREAS, incentive funds will be disbursed to qualified regions in an amount equal to the percentage of the funds appropriated in incentive payments for a fiscal year that represents the region's percentage of the total population of all qualified regions; and, WHEREAS, the Hampton Roads Partnership (the Partnership) is a .Virginia non-profit, non-stock corporation comprised of leading representatives from the public, business, education, civic, and military communities and whose mission is to .enhance regional cooperation and improve economic competitiveness in the Hampton Roads Region (the Region) which is defined as the Cities of Chesapeake, Franklin, Hampton, Suffolk, Newport News, Norfolk, Portsmouth, Poquoson, .Virginia Beach, and .Williamsburg; the Counties of Gloucester, Isle of Wight, James City, Southampton, and York; and the Town of Smithfield; and, WHEREAS, the Partnership in close cooperation with the Hampton Roads Planning District Commission submitted the Region's successful application for Regional Competitiveness Program (RCP) incentive funding in June, 1997 and received such funding in October 1997; and, WHEREAS, in recognition of the Partnership's role in fostering regional 13 1 1 1 eoes ' 17 -~~:~ ~i7J competitiveness, the Hampton Roads Mayors and Chairs. caucus supports distributing all RCP funds received by the region directly to the Partnership (distribution methodology); and, i WHEREAS, the RCP guidelines require that each municipality designate by resolution approval of the region's RCP incentive funds distribution methodology; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, supports the Partnership°s efforts to carry out the provisions of the RCP and to administer the monetary incentives on its behalf. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes the Hampton Roads Region as a region contemplated by the Act and hereby declares itself to be a member of and a participant in the Hampton Roads Region. BE IT FURTHER RESOLVED that the Board of Supervisors supports the Partnership°s efforts to carry out the provisions of the RCP and authorizes the Partnership to receive RCP incentive funding on behalf of the region. The motion was adopted by the following vote, Claud, Bradby, Bradshaw and Spady for the motion; none against. Anne F. Seward, Director of Budget and Finance, noted the Natural Resowce Conservation District is requesting the Board renew its lease agreement which terminated February 28, 1998 an a month-by-month basis for approximately the next ten (10) months as it is currently seeking office space in the Smithfield area. Chairman Claud noted this space may fit into the overall County plan at some time in the future and the Board needs some provision that it can terminate the lease. County Attorney Crook noted once the lease becomes month-to-month, the Board can terminate the.lease upon thirty (30}days' notice. Supervisor Bradshaw moved the Board authorize the Chairman to sign the. lease .agreement. between the County and the Natural Resource Conservation Service (NRCS)-Human Resources Building which will be effective March 1, 1998. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. 1 County Administrator Caskey presented the Board -with proposals for grass cutting services for further discussion before staff releases the RFP. Supervisor Spady moved the Board authorize the issuance of an RFP for BOON 17.•gr'68U grass cutting services: in accordance with Chapter 8 of the County Code. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. County Administrator Caskey presented a resolution for the Board's consideration which authorizes a public hearing set for the Board's May 21, 1998 meeting which he recommends the Board.adopt. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION AUTHORIZING ISLE OF WIGHT COUNTY TO SCHEDULE A PUBLIC HEARING REGARDING THE ISSUANCE OF A TAXABLE GENERAL OBLIGATION REFUNDING NOTE TO REFINANCE THE COUNTY'S VRS OBLIGATION AT A LOWER RATE OF INTEREST WHEREAS, Isle of Wight County (the "County") is obligated to make certain annual payments (the "VRS Obligation°') to or on behalf of the County School Division to pay the Virginia Retirement System (the "VRS") the County School Division's early ..retirement program costs as set forth in the Memorandum dated May 15, 1992 from the Director. of the VRS to Division Superintendents and Financial Officers of Public School Boards; and, WHEREAS, the County Board of Supervisors has determined that it may be necessary or desirable to issue a taxable general obligation refunding note of the County in the estimated maximum amount of $791,283 to refinance the VRS Obligation at a lower rate of interest and to pay the issuance costs of such note. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The County Administrator is authorized and directed to advertise a public hearing to be held on May 21, 1998 on the issuance of a taxable general obligation refunding note of the County in the estimated. maximum amount of $791,283 for the purpose of refinancing the VRS Obligation at a lower rate of interest and to pay the issuance costs of such note. 2. .This Resolution shall take effect immediately upon its adoption. The motion was adopted by the following vote; Claud, Bradby, Bradshaw and Spady for the motion; none against. . County Administrator Caskey noted he has. received information from the Executive Director of VACo acknowledging that a three (3) year contract for the provision of municipal electrical service to local governments by Virginia Power has been successfully negotiated. VACo indicates a savings of $30,000,000 will 1 1 15 t BOON ' ~ 1 %A^`UO~ be realized over the contract's three (3) year term. Mr. Casket' stated further information will be forthcoming from VACo which will require Board action. 1 Mr. Casket' reminded the Board of an upcoming joint work session with the School Board scheduled for April 21, 1998 at 7:00 p.m. in the Board Room to discuss capital projects proposed by the School Board. Mr. Casket' further reminded the Board of a work session scheduled for Apri130, 1998 at 2:00 p.m. in the Board Room to discuss the various County budgets. // Chairman Claud called for Old Business. A. The application of Kevin McIntyre for a Conditional Use Permit to utilize a garage apartment as a guest home in addition to a single- family dwelling on property zoned NC-RA located at 31175 Walters Highway in Windsor Magisterial District. (Tabled March 19, 1998 in order to allow the Board of Zoning Appeals an opportunity to hear the issue of the variance) Mr. Hartley noted the Board. of Zoning Appeals approved the necessary variance to reduce the required lot size with the condition that it only be for guests and that no rental use of the property would be allowed. Mr. Hartley noted there was no opposition to the application presented at the meeting. 1 Supervisor Bradshaw moved the Board approve .the application, as conditioned by the Board of Zoning Appeals. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. Chairman Claud moved the Board meet at 1:00 p.m. on May 7, 1998 to discuss economic development issues and the establishment of an Economic Development Committee. The motion was adopted unanimously (4-0}. // Chairman Claud called for New Business. Chairman Claud called for discussion by Board members on how the Board will consider the hiring of surveyors for Rural Addition Roads. 1 Supervisor Spady moved the Board authorize issuance of an RFP for employment of a surveyor to perform work in establishing the rights-of--way, easements, etc. for roadways to be considered as part of the Rural Addition Program. The motion was adopted by the following- vote: Claud, Bradby, Bradshaw and Spady. for the motion; none against. eooK ~.? ,Ah~68~ /~ Chairman Claud called for Appointments. County Attorney Crook noted the Board of Supervisors .nominates individuals to serve on the Board of Zoning Appeals, however, the Circuit Court actually appoints the individuals. The Board has traditionally nominated one individual from each election district and Gayle Brown from the Smithfield Election District is moving into the Hardy District. He advised her she could continue to serve because representation under statute is not by election district, but requested- she speak with Supervisor Cofer about the matter. County Attorney Crook stated the Board should determine if it wishes to have her resign so the Board can nominate someone from the Smithfield District to replace her or have her continue to serve. Chairman Claud moved the Board reappoint Gracie Porter for an additional three-year term on the Commission on Aging representing the Windsor District which will expire in April of 2001.. The motion was adopted unanimously (4-0). ' Supervisor Bradshaw moved the Board accept the letter of resignation of Nola Matthews from the Commission on .Aging. The motion was adopted unanimously (4-0). !/ Chairman Claud called for the County Attorney's report. County Attorney Crook distributed copies of the bylaws for the Parks and Recreation .Advisory Committee which he has revised because there were differences in the bylaws and the resolution. County Attorney Crook recommended the bylaws and resolution to the Board for approval. Noting the absence of Supervisor Cofer by Supervisor Spady, Supervisor Bradshaw moved the Board table the matter until the May 7, 1998 meeting. The motion was adopted unanimously (4-0). Regarding the ISTEA grant, County Attorney Crook stated VDOT is providing $75,000 and the County is required to put up a matching grant of at least 20% in local funds. There is language that states anything over this. amount is the responsibility-of the County, but there is nothing to bind the County beyond the 20%. The County would have to reimburse VDOT I7% of their expenses if the County cancelled the project or did not go through with the project. County Attorney Crook recommended the Board proceed with approving the -ISTEA grant. Supervisor Bradshaw moved the Board approve the ISTEA grant 17 ,i 6~oK 17:~~•~683 agreement, as presented. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. 1 County .Attorney Crook distributed a copy of the Isle of Wight County Policy on Governing Use of Incentives for Industrial Development as recommended by the Director of Economic Development which he has reviewed and recommends to the Board. Noting a problem with Incentive "E", County Attorney Crook recommended. that °'loan guarantees for industries" be deleted. Supervisor Bradshaw moved the Board adopt the. resolution adopting the incentives as revised by the County Attorney.. The resolution is to be revised. to reflect the accurate date, as follows: RESOLUTION TO ADOPT AN ECONOMIC DEVELOPMENT POLICY TO GOVERN THE USE OF INCENTIVES FOR INDUSTRIAL DEVELOPMENT WHEREAS, the County of Isle of Wight has determined that an economic development program is beneficial to the County; and, WHEREAS, the County of Isle of Wight encourages economic development through the .provision of facilities and services, and the establis~iment of cooperative programs with the private sector and other public agencies; and, 1 WHEREAS, the County of Isle of Wight wishes to formally state its support for economic development and to define the County's economic development incentives. NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of the County of Isle of Wight during its regular meeting on April 16, 1998 adopted the attached Economic Development Policy. The motion was adopted by the following vote: Claud, Bradby, .Bradshaw and Spady for the motion; none against. County Attorney Crook stated the Board directed him at its last meeting to prepare aproposal for leasing County industrial property for farm use while the County is waiting for potential industries to locate there and in reviewing the statutes the Board must first. have a public hearing before proceeding to lease land for agricultural use. 1 Lynn P. Hams, Director of Economic Development, noted for the Board's information that the Director of Planning and Zoning has advised her that the County's ordinance does not allow agriculture on M-1 zoned property, Supervisor Bradshaw moved the Board direct the Director of Economic 18 eooK 17:~~:~E84 Development bring back a proposal to the Board for its consideration on the pros and cons and any potential impact. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. County Attorney Crook distributed a copy of a policy he, prepared for the Board regarding the distribution and display of outside communications and materials and recommended the Board adopt a policy of this nature if the Board wishes to control the type of materials which are not County materials being displayed or distributed on County property. County Attorney Crook stated if the Board is ready to adopt the policy, he would prepare a resolution for the .Board's consideration to adopt the policy. Supervisor Spady moved the Board table the matter until the May 7, 1998 meeting for a resolution for adoption. The motion was adopted by the following vote:. Claud, Bradby, Bradshaw and Spady for the motion; none against. County Attorney Crook stated the Board, at its previous meeting, authorized the petitioning of the Circuit Court for the appointment of the Codes Enforcer:as a Special Police Officer for the County which would give the Codes Enforcer the right to issue summons in lieu of obtaining warrants and to make arrests on the scene in the event. of a violation of the County's ordinances. County Attorney Crook notified the Board that the matter was handled yesterday by the Senior Judge in the Circuit Court who entered the Order. // County Administrator Caskey requested an executive session under Section 2.1-344 A3 concerning two matters. involving acquisition and/or use of public property for public uses; under Section 2.1-344 A7 concerning a matter involving potential litigation; and, under Section 2.1-344 AS concerning an industrial prospect. Mr. Rountree requested an executive session under Section 2.1-344 A7 concerning a contract matter requiring advice of counsel. .County Attorney Crook requested an executive session under Section 2.1- 344 Al concerning a personnel matter. Supervisor Spady moved the Board enter executive session to discuss the items stated after taking aten-minute recess. The motion was adopted unanimously (4-0). Upon returning to open session, Supervisor Spady moved the Board adopt the following resolution: 1 1 19 ,1 eooK 17 .~„ E85 .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, 1 WHEREAS, 2.1-344. lA of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matterslawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in .the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. AYES: Claud, Bradby, Bradshaw and Spady NAYS: 0 ~ ~~ ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. Supervisor Spady moved the Board authorize 'the Director of Public Utilities to send out bids for the construction of Phase I of the Northern Development Service District water line from Carisbrook to Sugar Hiil Road. The motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the motion; none against. // County Administrator Caskey notified the Board staff has collected information from various localities with the intent of developing an informational brochure on County services which can be made available to the public. 1 // 20 eaoK 17 ~A-:~686 At 9:30 p:m., Supervisor Bradshaw moved the Board continue its meeting until April 21, 1998 at 7:00 p.m. for the purpose of meeting with the School Board. The motion was adopted unanimously (4-0). __~~ ~ ~~G--tom.--.,~, Robert C. Claud, Sr., Chairman -~..J-' W. Dougla C •key, Cler