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07-02-1998 Regular MeetingBDOK 10 rorr ~1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY EIGHT 1 PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Phillip A. Bradshaw Henry H. Bradby 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 Melinda Goodwyn, Recording Secretary Chairman Claud called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Bradshaw. // Chairman Claud called for Special Presentations Employee Service Awards were presented by the Board to Kelly G. Holland, Robert A. Howell and Tracy M. James for five (5) years of continuous service; Ludford T. Creef, III, Ronald Edwards 'and Lynn P. Harris for ten (10) years of continuous service; and Zenobia D. Williams for fifteen (15) years of continuous service. // Chairman Claud indicated the following Consent Agenda included Items 2, A through E, and asked if there were any items for removal: A. DMV Highway Safety Program Grant B. Incident Based .Reporting (IBR) Program Grant C. May 21, 1998 Regular Meeting Minutes D. June 1, 1998 Continued Meeting Minutes E. June 4, 1998 Regular Meeting Minutes 1 There being no items for removal, Supervisor Cofer moved the Board approve the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Claud called for Transportation Matters. 1 eoeK 18 ~~~r 52 Jonathan W. Hartley, Director of Planning and Zoning, presented the Board a brief summary of the Phase II of the Eastern Virginia Airport System Study. Mr. Hartley noted. the three (3) proposed alternatives and stated the purpose of the Study is to evaluate regional air service needs. Mr. Hartley noted for the Board's information. a letter from C. C. Molleen, Assistant Resident Engineer, VDOT, dated June 17, 1998 advising that a warning sign had been installed along Shiloh Drive near the Indika Farms peanut shelling operation. Mr. Hartley noted for the Board's information a Notice of Proposed Highway Improvements for a segment of Route 10, along with an accompanying map of the affected segment of highway. Mr. Hartley informed the Board that MacFarland Neblett, Resident Engineer, VDOT, would be present at the Board's July 16th meeting to make his quarterly presentation. Chairman Claud requested Mr. Hartley advise Mr. Neblett that the Board would like an update on Muddy Cross Road at its July 16, 1998 meeting. Supervisor Bradshaw requested Mr. Hartley. advise Mr. Neblett that the Board would like an update on Pruden Road at its Board's July 16, 1998 meeting. // Chairman Claud called for Citizens Comments. There were no citizens comments. offered to the Board. // Chairman Claud called for the Community Development report. Mr. Hartley noted for the Board's consideration the proposed Chesapeake Bay Preservation Act Grant Contract for FY99 and the Agreement which had been signed by the County and. the Health District and forwarded to the City of Suffolk for signature. Mr, Hartley .noted the intent of the Agreement is focused on education and that the County is not in favor of mandatory pump out of septic tanks every five (5) years. Supervisor Bradby moved the Board authorize the County Administrator to sign the Chesapeake Bay Preservation Act Grant Contract for FY99. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor ofthe motion; Spady voting against the motion. 1 L 2 800K ~ 10 ~G^!" ~~ Supervisor Cofer moved the Board direct County staff also forward a letter to CBLAD conveying the Board's opposition to any mandatory .septic tank pump- out program. The .motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. 1 // E. Wayne Rountree, P.E., Director of Public Utilities, noted he had nothing for discussion by the Board in open session, however, he would be requesting,an executive session later in the meeting. // Supervisor Bradshaw moved the Board accept the contract with K. W. Poore and Associates for the preparation of a CIG application. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Lynn Po Harris, Director of Economic Development, noted Franklin Equipment Company wishes to expand its facility by 30,000 square feet which will require additional water supply for fire suppression. Ms. Harris noted staff is preparing to submit a Community Development Improvement Grant in the amount of $700,000 to partially fiend a water system in that area. Staff has addi Tonally received two (2) proposals and recommends K. W. Poore & Associates be retained as consultant for this grant proposal, stated Ms. Harris. 1 Supervisor Cofer .moved the Board appropriate $7,200 from the contingency fund for the preparation and submission fee for the grant application. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Ms. Harris requested an executive session later in the meeting concerning various matters. // D Chairman Claud called for the Public Utilities Report. Chairman Claud called for the Economic Development report. Chairman Claud called for the Cotmty Administrator's report. County Administrator Caskey notified the Board of the County's .receipt of a 1998 NACo Achievement Award related to the County's efforts. in its solid waste management program. 3 Supervisor Bradshaw moved the Board direct County staff to recognize the BOOK 18 rA^~ ~~ County employees involved in the implementation of the County's Convenience Center Programo The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor ofthe motion; none voting against. County ~ Administrator Caskey presented a request from Brian Carroll, President, Isle of Wight Rescue Squad, for consideration by the Board for advance funding of $50,000 appropriated in the FY 1997-98 Capital Budget for a new medic ambulance. Anne F. Seward, Director of Budget and Finance, recommended the Board appropriate these fiends in next year's Capital Budget. Supervisor Cofer noted the request could be placed in the FY1998-99 Capital Budget and the request could be handled at the Board's July 16, 1998 meeting. County Administrator Caskey presented for the Board's consideration the 1997 Fire Programs Fund Disbursement Agreement. Supervisor Bradshaw moved the Board authorize the Chairman to sign the 1997 Fire Programs Fund .Disbursement Agreement pursuant to the recommendation of the County Attorney. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. .Supervisor Bradshaw further .moved the Board adopt the following ,resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY FOUR THOUSAND DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS TO THE COUNTY'S VOLUNTEER FIRE DEPARTMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funds from the Commonwealth of Virginia, Department of Fire Programs for the County's Volunteer Fire Departments; and, WHEREAS, the funds in the amount of twenty four thousand dollars ($24,000) or so much as shall be received from the Commonwealth of Virginia, Department of Fire Programs needs to be accepted and appropriated to the Volunteer Fire Department line items in the 1998-99 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 four thousand dollars ($24,000) or so much as shall be received of the Commonwealth of Virginia, Department of Fire Programs be appropriated to the 1 r i~ 1 4 C 1 1 - r BOQK 10 ~a^~ ~r) Volunteer Fire Departments according to the recommendation of the County's Fire and- Rescue Association in the 1998-99 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 these grants and to do all things necessary to give this resolution effect. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and. Spady voting in favor of the motion; none voting against. County Administrator Caskey notified the Board of the County's receipt of $2,960 from the Department of Emergency Services to assist the County in its overall emergency services preparedness effort. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND NINE HUNDRED SIXTY DOLLARS RECEIVED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for the Emergency Management Assistance Program; and, WHEREAS, funds in the amount of two thousand nine hundred sixty dollars ($2,960) or so much as shall be received from the Federal Emergency Management Agency need to be appropriated to tl~e appropriate line item in the 1997-98 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 two thousand nine hundred sixty dollars ($2,960) or so much as shall be received from the Federal Emergency Management Agency be appropriated to the appropriate line item in the 1997-98 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 tlae budget for these grants and to do all things necessary to give this resolution effect. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Administrator Caskey notified tl~e Board of a grant received by the 5 Sheriffs office under the Help Eliminate Automobile Theft (HEAT) Program. Supervisor Bradshaw moved the Board authorize the Sheriffs submission of the grant application and adopt the followingresolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND DOLLARS RECEIVED FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF STATE POLICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the grant application for the H.E.A.T. Auto Theft Prevention Initiative Grant funds; and, WHEREAS, funds in the amount of one thousand dollars ($1,000), or so much as shall be received from the Commonwealth of Virginia Department of State Police need to be appropriated to the appropriate 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 one thousand dollars ($1,000), or so much as shall be received from the Commonwealth of Virginia Department of State Police be appropriated to the appropriate 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, Virginia is authorized to make the appropriate accounting adjustments in the budget. for these grants and to do all things necessary to give this resolution effect. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE. THOUSAND THREE HUNDRED SEVENTY FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA STATE LIBRARY DEPARTMENT FOR THE RESTORATION OF CIRCUIT COURT RECORDS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the application, acceptance and appropriation of grant funds for the restoration of Circuit Court records; and, WHEREAS, the funds in the amount of one thousand three hundred seventy five dollars ($1,375) need to be accepted and appropriated to the grant fund in the 1997-98 budget of the County of Isle of Wight, Virginia. 6 eoex ~8 >urs 57 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that one thousand three ..hundred seventy five dollars ($1,375) received from the Commonwealth of Virginia State Library Department be appropriated to the appropriate line items in the 1997-98 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 these grants and to do all things necessary to give this resolution effect. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO SUBMIT A GRANT AND SERVICE PLAN UNDER THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT 1 WHEREAS, the Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act (VJCCCA), effective January 1, 1996; and, WHEREAS, the purpose of the VJCCCA is to establish community-based systems of sanctions, residential programs and nonresidential services for juvenile offenders; and, WHEREAS, Isle of Wight County has developed a plan for services to juvenile offenders, in conjunction with the Court Services Unit of the Fifth District and Tidewater Regional Group Home Commission. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports the submission of a grant and service plan under the VJCCCA to the Virginia Department of Juvenile Justice Services. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. 1 County Administrator Caskey presented a reduest from Linda Hardy- Porter, Youth Services Coordinator, for certain services to be provided by a consultant. Ms. Hardy-Porter noted the proposed consultant will provide an evaluation of the Mentoring Program. County Attorney Crook noted he is not prepared to advise the Board on the 7 800K ~O >A"" ~O request .and he recommends the Board not approve it until he has had an opportunity to investigate the matter and advise the Board further. Supervisor Spady moved the Board approve the contract with Ron Collier and Associates and the .Isle of Wight County .Office on Youth regarding the evaluation of the Mentoring Program subject to the approval of the County Attorney. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, provided the Board a status report on the RFP for the study of emergency and fire services. Supervisor Spady requested that Mr. Robertson make a recommendation for the type of needed equipment and where the equipment should be located and that same be added to the contract. County Administrator Caskey distributed to the Board information on the upcoming VACo Conference to be held in Charlottesville on August 9-11, 1998. // Chairman Claud called for Old Business. There was no old business offered for discussion by the Board. // Chairman Claud called for New Business. There was no new business offered for discussion by the Board. // Chairman Claud called for Appointments. Supervisor Bradshaw notified the Board that Nola Matthews had advised him she would like to withdraw her previous resignation and he then moved the Board reappoint Nola. Matthews representing the Carrsville District on the Commission on Aging to finish her term which will expire in January of 2000. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board reappoint W. B. Owen representing the Newport District on the Social Services Board for an additional four-year term which will expire in June of 2002. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board nominate Carroll E. Keen, Jr. S representing the Newport District to the Board of Equalization. The motion was adopted unanimously (5-0). 1 Supervisor Spady moved. the Board appoint Robert Kenerley and Mac Hicks, both representing the Newport District, to the Economic Development Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Linda Bean to the Private Industry Council/Southeastern Virginia Job Training Agency for an additional two-year term which will expire in July of 2000. The motion was adopted unanimously (5-0). . // Chairman Claud called for the County Attorney's report. County Attorney Crook distributed revised bylaws for the .Economic Development Committee which he recommended the Board approve. 1 Supervisor Cofer. moved the Board approve the revised bylaws for the Economic Development Committee. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Attorney Crook stated he was requested by a Board member to review the ordinance and statutes concerning land use .and roll back taxes. County Attorney Crook noted the statutes provide that the roll back tax shall be equal to the sum of the deferred tax .for each of the five (5) most recent tax years, including simple interest, on such roll back taxes at a rate set by the governing body, no greater than the rate applicable to delinquent taxes. County Attorney Crook advised the Board it has not set a rate for interest on roll back taxes and he has prepared an ordinance amendment for the Board's consideration which requires a public hearing and which revises the land use ordinance to comply with the recodification of the Code of Virginia and also to provide interest at a rate to be set by the Board. Supervisor Bradshaw moved the Board authorize the County Attorney to advertise an Ordinance to Amend the Ordinance Establishing Special Assessments for Agricultural, Horticultural or Forest Use Real Estate with a 5% interest rate. The motion was adopted. as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. 1 County Attorney Crook briefed the Board on the meeting held on June 24, 1998 with Supervisor Bradby, himself and concerned citizens of Burwells Bay. County Attorney Crook informed the Board that the complaints dealt primarily with the proposed restricted parking for businesses and the question of .whether or not the people could be members of the Burwells Bay Association. County 9 eo~~ ~8:r~. ~~ Attorney Crook stated in 1875 the Court ruled the public acre was a public area and the Board, of Supervisors in 1960, at the request of the people in Burwells Bay area, agreed to convey the property to the Burwells Bay Improvement Association which was incorporated. The Articles of Incorporation provided that everybody in the area could be a member of the Association. Now the Burwells Bay Improvement Association has adopted bylaws that limit membership to persons who are recommended by two (2) other members. The President of the Burwells Bay Association, who was present at the meeting, will hold a meeting and will invite the County Attorney to attend. It was agreed at the meeting -that the Association would not restrict parking for the commercial establishments in the area, noted County Attorney Crook. County Attorney Crook reported that in the proposed agreement with the Norfolk and Western Railway Company concerning the easement for the installation of the pipe under the railroad property located near Carver Road, there is a problem in that the railway wants the County to save it harmless and indemnify it from any property damage and personal liability. The Agreement has been amended to state that the County would only save the railway harmless to the extent provided by Virginia law. He stated that with the revised language he can now recommend the first agreement with Norfolk and Western Railway to the Board. County Attorney Crook noted he is now working on the second agreement for the Windsor area. Supervisor Bradshaw. moved the Board approve the Norfolk and Western Railway Company Agreement for the easement for the installation of pipe under the railroad property near Carver Road. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of t11e motion; none voting against. County Attorney Crook informed the Board that he had approved as to form the PreCon contract for water improvements in the Northern Development Service District. County Attorney Crook advised the Board that the PrimeCo Contract was being revised by himself and the Attorney for PrimeCo. County Attorney Crook noted he had several matters for executive session later in the meeting. // Mr. Hartley reminded the Board that it needed to schedule its work session concerning the Graymor rezoning application. Supervisor Bradshaw moved the Board direct County staff to advertise the work session for the Graymor rezoning application for July 23, 1998 at 6:00 p.m. and that Tischler and Associates and the. Commissioner of Revenue. also be 10 BOQK ~O ~p^f l'~ invited to the meeting. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of tl~e motion; none voting against. 1 // Chairman Claud requested an executive session under Section 2.1-344 A3 for discussion with staff and counsel acquisition of property for public use and under Section 2.1-344 Al for discussion with staff a personnel matter. Mr. Hartley requested an executive session under Section 2.1-344 A? for two (2) items concerning legal. matters requiring advice of counsel. County Administrator Caskey requested an executive session under Section 2.1-344 A3 concerning discussion with staff and counsel acquisition and/or use of property for public purposes. County Attorney Crook requested an executive session under Section 2.1- 344 Al for discussion with staff and counsel two (2) personnel matters; under Section 2.1-344 A3 concerning discussion with staff and counsel acquisition and/or use of public property for public uses; and, under Section 2.1-344 A7 concerning advice of counsel on specific legal .matters requiring advice of counsel. 1 Ms. Harris requested an executive session under Section 2.1-344 Al concerning the interviews of prospective consultants for professional services; under Section 2.1-344 A3 for discussion with staff the use of real property for public purposes; under Section 2.1-344 AS concerning an industrial prospect and industry expansion, and, under Section 2.1-344 A7 concerning advice of counsel on specific legal matters requiring advice of counsel Mr. Rountree requested an executive session under Section 2.1-344 A7 concerning advice of counsel on specific legal matters requiring advise of counsel. Supervisor Cofer moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: ('ERTIFICATION OF EXECUTIVE MEETING 1 WHEREAS, the Board of Supervisors leas 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 11 B04K 10 -s^' ~~ 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 matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution . applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. . AYES: CIaL-d, Cofer, Bradby, Bradshaw and Spady NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Cofer moved the Board direct County staff and the County Attorney to negotiate with the # 1 ranking architectural firm for the renovation of Boykins Tavern. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board direct County staff to accept the recommended proposal for grass cutting services. The motion was. adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against, Chairman Claud moved the Board authorize the County Attorney to write a letter to the Health Deparhnent concerning the Northern Development Service District Water project. The motion was adopted. as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Cofer moved the Board defer action on the decision on outside legal counsel regarding the Graymor rezoning application until the Board's. July 16, 1998 meeting. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. .Supervisor Bradshaw moved the Board accept the recommended compensation for personnel to be "Option 3, Year 1" with this fiscal year's 12 800K 10 %c^~ 63 1 funding from the Contingency Fund. The motion vas adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion, none voting against. Supervisor Cofer moved the Board direct the County Administrator with the assistance of the County Attorney to respond to the personnel matter regarding compensation. The motion was adopted as follows: Claud, .Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board direct County staff to reevaluate the convenience sites at the southern end of the County and present the Board with a recommendation including the pros and cons. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board direct the County Attorney to set up a meeting with the Town of Windsor's Annexation Committee and the Board's Committee regarding the proposed Boundary Line Adjustment. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion;. none voting .against. // The Board stated they would interview the two (2) consultants for the Comprehensive Plan Update at the Board's August 6, 1998 meeting. // At 6:30 p.m., Supervisor Bradshaw moved the Board adjourn. The motion was adopted unanimously (5-0). r4~-~-c~ 'U ~%~~ Robert C. Claud, Sr., Chairman W W. Dou las skey, CI rk 1 13