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11-05-1998 Regular Meeting !1 eooK 1$ ~AG~1~:~8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman Malcolm T. Cofer O. A. Spady Phillip A. Bradshaw Henry H. Bradby Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', 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 2:00 p.m. The invocation was delivered by Supervisor Bradshaw. // Chairman Claud indicated the following Consent Agenda included Items l , A through C, and asked if there were any items for removal: C&P Water Company and Queen Anne Court Water. and Sewer Systems Merger of National Benefit Plans/VICARE Employer Groups October 1, 1998 Regular Meeting Minutes Supervisor Spady moved the Board adopt the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Claud called for Transportation Matters. .Jonathan W. Hartley, Director of Planning and Zoning, addressed the Board regarding VDOT's preparedness to accept the school bus loops into the State system of secondary roads at the elementary schools of Carrollton, Carrsville, Hardy and Windsor, as well as the Windsor Middle/High School. Supervisor Spady moved the Board adopt the following resolution: 1 r. 1 ,. 1 r ,; so~~ 1~ ~G=199 WHEREAS, the road described below provides access. for school bus traffic from State Route 711 to Carrollton Elementary School, a public school, WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the construction of the road is complete and meets standards, deemed by the Virginia Department of Transportation, appropriate for the traffic anticipated, and WHEREAS, .construction was financed by sources other than those administered by the Virginia Department of Transportation, and WHERF,AS~ the Isle of Wight School Board and this -Board hereby guarantees a r.gh of way of forty (40) feet and additional drainage and slope easements as necessary for maintenance of the road, NOW, THEREFORE BE IT RESOLVED, this Board, pursuant.. to Section 33.1-68, Code of Virginia, following road to be -added to the secondary system of state highways, Name of Road: Length: 0.30 miles From: Route 711 To: 0.30 miles S,W. of Route 711. Plat.Recorded, Date: 7/03/91 .Deed Book: 384 Page: 586 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Department. of Transportation. The motion was adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board adopt the following resolution: WHEREAS, the road described below providesaccess for school bus traffic from State Route 58 to Carrsville Elementary School, a public school, 1 WHEREAS, the Resident Engineer for the Virginia. Department of Transportation has advised the Board that the construction of the road. is complete and meets standards, deemed by the Virginia Department of Transportation, appropriate for the traffic anticipated, and WHEREAS, construction was financed by sources other than those administered by the Virginia Department of Transportation,. and WHEREAS, the Isle of Wight School Board and this Board hereby guarantees a right of way of forty (40) feet and additional drainage and slope easements as necessary for maintenance of the road, 2 s eoo~ 1$ ~~cr2U0 NOW, THEREFORE BE IT RESOLVED, this .Board, pursuant to Section 33.1-68, Code of Virginia, following road to be added to the secondary system of state highways, Name of Road: Length: 0.10 miles From: Route 5$ To: 0. l0 miles N.E. of Route 58 Plat Recorded, Date: 5/10/96 Deed Book: Plat Cab. 2 Page: Slide 32-12 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the, Department of Transportation. The motion was adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradby moved the Board adopt the following resolution: .WHEREAS, the road described below provides access for. school bus traffic from State Route 10 Business to Hardy Elementary School,. a public school, WHEREAS, the Resident Engineer for. the Virginia Department of Transportation has advised the Board that the construction of the road is complete and meets. standards, deemed. by the Virginia Department of Transportation, appropriate for the traffic anticipated, and WHEREAS, construction was financed by sources other than those administered by the Virginia Department of Transportation, and WHEREAS,, the Isle of Wight School Board and this Board hereby guarantees a right of way of forty (40) feet and additional drainage and slope easements as necessary for maintenance of the road, NOW, THEREFORE BE IT RESOLVED, this Board, pursuant to Section 33.1-68, Code of Virginia, following .road to be added to the secondary system of state highways, Name of Road: Length: 0.10 miles From: .Route 10 Business To: Route 10 Business Plat Recorded, Date: 9/13/58 Deed Book: 154 Page: 397 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Department of Transportation. 1 1 3 ~~ 800N ~~ raG'2U1 -The motion .was adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. .Chairman Claud moved the Board adopt the following resolution: WHEREAS, the road described below provides access for school bus traffic fram State Route 258 to Windsor Elementary School, a public school, VVI-IEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the construction of the road is complete and meets standards, deemed by the Virginia Department of Transportation, appropriate for the traffic anticipated, and WHEREAS, construction was financed by sources other than those administered by the Virginia Department of Transportation, and- WHEREAS, the Isle of Wight School Board and this Board hereby. guarantees a right of way of forty (40) feet and additional drainage and slope easements as necessary for maintenance of the road, NOW, .THEREFORE BE IT RESOLVED, this Board, pursuant to Section 33.1-68, Code of Virginia, following road to be added to the secondary system of state highways, Name of Road: Length: 0.32 miles From: Route 258 To: 0.32 mi N.W. of Route 258 - Plat Recorded, Dater 2/04/97 Deed Book: Plat Cab. 2 Page: Slide 41-8 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Department of Transportation. .The motion was adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. 1 Supervisor Bradshaw moved the Board adopt the following resolution: WHEREAS, the road described below provides access for school bus traffic from State Route 603 to Windsor Middle/High School, a public school, WI-ICREA5, tl7e Resident Engineer for the Virginia Department of Transportation 1-as advised the Board that the construction of the road is complete and meets standards, deemed by the Virginia Department of .Transportation, appropriate for the traffic anticipated, and 4 eaoN 1$ ~aG~202 WHEREAS, construction was financed by sources other than those administered by the Virginia Department of Transportation, and WHEREAS, the Isle of Wight School Board and this Board hereby guarantees a right of way of forty (40) feet. and additional drainage and slope easements as necessary for maintenance of the road, NOW, THEREFORE BE IT RESOLVED, this Board, pursuant to Section 33.1-68, Code of Virginia, following road to be added to the secondary system of state highways, Name. of Road: Length: 0.25 miles From: Route 603 To: 0.25 miles N.W. of Route 603 Plat Recorded, Date: 8/05/65 Deed Book: 180 Page: 142 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Department of Transportation. The motion was adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Mr. Hartley addressed the Board regarding VDOT's selection process for additions to the Six-Year Plan for Secondary Roads.. Supervisor Bradshaw. requested the Director of Planning and Zoning to obtain from VDOT its policy for which roads are added to the Plan. Supervisor Cofer noted he would be in favor of the Board continuing with its. own policy. Mr. Hartley notified the Board that a Notice of Final Inspection on South Main Street had been issued and the project was complete. Mr. Hartley notified the Board of a response from VDOT indicating that it had paved those portions of Day's Point Road which are in poor shape and. that an overlay of the entire road will be done next Spring. Mr. Hartley provided. the Board with status reports on Oliver Drive, Longview Drive and Bayview Drive. // Chairman Claud called for Citizens Comments. 1 1 ,. 1 5 ••. error 18 ~ar~?03 Grace Keen addressed the Board on the Isle of Wight Citizens Association and the Carrollton Civic League's proposed 1999 Legislative Priority List which placed emphasis- on the following four items: Taxing Power, Impact Fees, Adequate Public Facilities and Vested Rights. Czrolyn Jackson and Christine Murphy, representing Springdale I and II, addressed the Board on the inability of the residents of Springdale I and II to pay the County's rates for water. Chairman Claud requested the Director of Public Utilities to review the request with Ms. Jackson and Ms. Murphy and report back to the Board with his recommendation. Evelyn Chandler notified. the Board of the Virginia Historic Resources Board's selection of the County Courthouse for their meeting on December 2, 1998 at 10:00 a.m. Evelyn Chandler, resident of Carisbrook, spoke in support of the. Eagle Harbor rezoning request. Mrs. Chandler pointed out, as having served as Chairman of the Planning Commission, that the development is in the Development Service District and is pursuant to the Comprehensive. Plan of the County. Joseph L. Edwards, resident of Isle of Wight County, spoke in favor. of Eagle Harbor and the commercial opportunities of that development far the residents of Isle of Wight County. Drew Johnson, resident of the County, read a letter from Dick Cutleber expressing his view that the County must develop commercial and industrial businesses in order to maintain the favorable tax rate the County has .today. Ms. Johnson also spoke in favor of the Eagle Harbor rezoning. stating. it will provide the County an opportunity to increase its commercial .potential. Ms. Johnson stated the new proposed rezoning provides for a more aesthetically pleasing development of single family homes, condominiums and apartment housing than the current zoning. Ms. Johnson concluded that the .proposed rezoning would be a revenue builder for the County. Patty Pruitt, resident of Carisbrook, urged the Board. to approve the Eagle Harbor development as she believes East West Partnership will build a quality development and preserve her current land investment. Ms. Pruitt stated if the Board sets standards now, Route 17 will be a beautiful and planned piece of development that everyone can be proud of. U Rorr Helms, resident of Carisbrook, urged the Board to approve the Eagle. Harbor development as it would provide the County with additional commercial. outlets and be a planned community. Mr. Helms stated he is convinced that if the Board allows development to begin under the old plan, 6 TOOK 18rAGf~~4 property values. will deteriorate due to uncontrollable growth and a surge in the crime rate. Mark Edwards, resident of Isle of Wight County, spoke in favor of the Eagle Harbor project noting that the first fiscal study of Tischler was erroneous and that the revenues from the project will morethan satisfythe fiscal impacts on the County and that commercial development on 17 will be greatly enhanced by this project. . West Olins spoke in favor of the Eagle Harbor development stating the developer is offering the County a quality development that. the citizens deserve and will be proud of. .Lisa Kelly, resident of the County, spoke in favor of the Eagle Harbor project. noting the propQSed development is a better plan financially and aesthetically. // Chairman Claud called for the Community Development report. Beverly Walkup, Planner, presented the Jamestown/Camptown CDBG Comprehensive Community Development (CCDj project/contract for the Board's consideration. Supervisor Bradshaw moved the Board authorize the County Administrator to execute the County's contract with DHCD upon revision, provided the contract meets with the County Attorney's approval as to form. :.The motion was adapted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Ms. Walkup presented the STOP contract .for the Board's consideration. Supervisor Bradshaw moved the Board authorize the County Administrator to sign the STOP contract provided it meets with the County Attorney's approval as to form. The motion was adopted by the following vote: Claud, Cofer, Bradby,. Bradshaw and Spady voting in favor of the motion; none voting against. County Attorney Crook stated staff believes the Board has already approved the K. W. Poore & Associates/Woodford Engineering/R. Kenneth Weeks engineering contracts, but in order to be sure, he would like the Board to reaffirm its motion today on record. Supervisor Bradshaw moved the Board approve the K. W. Poore & Associates/Woodford Engineering/R. Kenneth Weeks engineering contracts provided they meet with the County Attorney's approval as to form. The 1 1 7 .: ,I 9001( 18rAC•'~~J motion was, adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Chairman Claud moved the Board adopt the following resolution: RESOLUTION IN SUPPORT OF THE TOWN OF WINDSOR 1998/99 COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING GRANT FOR PORTIONS OF THE TOWN AND COUNTY WHEREAS, the Town of Windsor, at the request of the County of Isle of Wight, submitted an application for a planning grant .under the Community Development Block Grant (CDBG) Program, and WHEREAS, the purpose of this grant is to comprehensively. evaluate the sewer, water, housing rehabilitation and other community needs in the Railroad South Neighborhood of the Town, and- Bear Trap Circle/Curve Road area in the County, and WHEREAS,- the Virginia Department of Housing and Community Development (VDHCD) has awarded the planning grant to the Town of Windsor in the amount of $16,000, .and WHEREAS, the. Town of Windsor, as the .grant recipient, will be primarily responsible for the administration and oversight of this grant, and. WHEREAS, the Town of Windsor has limited financial and staff resource to fully undertake this project, and WHEREAS, the County of Isle of Wight maintains a staff with recent experience in the administration and management of such a CDBG planning grant, NOW, THEREFORE BE IT RESOLVED that the Isle of Wight County Board of Supervisors reaffirms its commitment to the. completion of this planning grant with the assistance of the County staff to aid the Town of Windsor in whatever tasks are necessary, and BE IT FURTHER RESOLVED, that the County reaffirms its .commitment of $2,G00 to assist in completion- of this planning grant and instructs the Director of Budget and Finance to convey such funds to the Town upon request by the Town of Windsor. The motion was adopted by the following vote: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. 8 804K 10raG~2~U Mr. Hartley provided the Board with a status report. of the number of permits countywide for the Furaflo system designed for'on-site wastewater treatment for single family residences. Supervisor Spady moved the Board request staff to contact the Health Department to request that the County be notified when a permit for a Puraflo system. is issued in the County. The motion was adopted by the following vote:: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Mr. Hartley presented. a resolution in~ support of the Virginia Coalition of High Growth Communities for the Board's consideration. Chairman Claud moved the Board adopt the following resolution: RESOLUTION IN SUPPORT OF THE VIRGINIA COALITION. OF HIGH GROWTH COMMUNITIES WHEREAS, the Virginia Coalition of High Growth Communities, comprised of 2Q rapidly growing localities, was established to help raise awareness of the General Assembly to local growth management concerns: ..and WHEREAS, the Coalition has afive-point legislative agenda related to school funding, impact fees, adequate public facilities, vested rights, and opposition to HB 1362; and WHEREAS, the Isle of Wight County Board of Supervisors considered this five- point legislative agenda at its meeting on September 17, 1998 and unanimously supported the positions stated irr the attached STATEMENT OF POSITIONS ON LEGISLATION RELATED TO HIGH GROWTH COMMUNITIES; and WHEREAS, the Board of Supervisors has incorporated these positions in their Legislative. Priority List for l 998. NOW, THEREFORE BE IT RESOLVED that the Isle of Wight County Board of Supervisors reaffirms the positions taken as outlined in the attached statement of positions... The motion was adopted by the following vote: Claud, Cofer,. Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. // Chairman Claud called for the Public Utilities report. There was no report. offered for discussion, 1 1 1 9 eoo~ 18 ~ae~20? ~~ Chairman Claud called for the Economic Development report. i~ Lynn P. Harris, Director of Economic Development, informed the. Board that the Targeted Marketing Study should be available after January 1, 1999. She further noted that the results of the study involving target industries for the member communities will be available inmid-November. Ms. Harris presented the criteria for the final program design for the Virginia Industrial Site Development Fund for the Board's information. // Chairman Claud called for the Parks and Recreation .report. Alan S. Nogiec, Director of Parks and Recreation, presented a request from the Isle of Wight County Museum Foundatian to have a sponsorship program. The Foundation would like to offer a 10% discount in the museum gift shop and identify corporate sponsors on a plague in the museum, stated Mr. Nogiec. u Supervisor Cofer moved the Board approve the request of the Foundation to: Continue offering the "Friends of the Museum" a 10% discount on items purchased in the Museum Gift Shop. Recognize corporate sponsors within the museum building via a sponsor's plaque. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Mr. Nogiec presented a proposal for the Board's consideration for the Department of Parks and Recreation to use. the gym wing located at the old Windsor Elementary School as a community center on a limited basis. County Attorney Crook noted that Dr. Decker, Assistant Superintendent of the public schools system, had voiced concern with supervision and liability as normally when the Department of Parks and Recreation utilizes a building, a schools' janitor is on duty and is charged with securing the facility; however, this is not the case with this situation as there will be no school employee there in the evening. County Attorney Crook advised a lease would be the best way to handle this situation and Dr. Decker is prepared to recommend this to the School Board at no charge to the Department of Parks and Recreation other than the cost for the utilities. 10 eooK 18 raG~208 Supervisor Cofer moved the Board enter into a lease with the School Board wherein the Parks and Recreation Department could utilize the gymnasium at the old Windsor Elementary School for the Youth Basketball Program and that the County Attorney be authorized to prepare the lease for presentation to the School Board for its consideration. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. // Chairman Claud called for the County Administrator's report. County Administrator Caskey presented a request received from the Hampton Roads Partnership referencing a request from Surry County which is seeking membership in the Partnership. County Administrator Caskey recommended the Board adopt the resolution included in the agenda. Supervisor Bradby moved the Board adopt the following resolution: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF-WIGHT COUNTY, VIRGINIA AUTHORIZING THE ADDITION OF SURRY COUNTY INTO THE HAMPTON ROADS PARTNERSHIP WHEREAS, the Hampton Roads Partnership. (the Partnership) is a Virginia non-profit, anon-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, which is currently defined as the Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk, Newport News, Hampton, Franklin, Poquoson and Williamsburg; the Counties of Gloucester, Isle of Wight, James City, Southampton and York; and the Town of Smithfield; and, WHEREAS, Surry County has formally requested to .become a member of the Hampton Roads Partnership; and, WHEREAS, Surry County is economically linked to the Hampton Roads Region, sharing labor and consumer markets; and, WHEREAS, Surry County joined the Hampton Roads Planning District Commission (HRPDC) effective July 1, 1998 and is currently the only HRPDC member not also a member of the Hampton Roads Partnership; and, 1 WHEREAS, Surry County proposes to divide its population, for Regional Competitiveness Program purposes, between the Hampton Roads eo~r ~~, rRM2~9 Partnership (census tract 8601.00 -approximately population 2,872) and the Crater Regional Partnership (census tract 8602.00 -approximate population 3,273); and, 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle. of Wight, Virginia that on behalf of Isle of Wight County, Virginia: 1. It approves admitting Surry County into the Hampton Roads Partnership thereby bestowing upon Sunry County all rights and responsibilities that admission might confer. 2. It recognizes Surry County, as previously defined, to be a part of the Hampton Roads Region. The motion was adopted as follows: Cofer, Bradby, Claud,. Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Supervisor Cofer moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRIATE TWO MILLION FOUR HUNDRED NINETY SIX THOUSAND FOUR HUNDRED EIGHTY FOUR DOLLARS TO THE SCHOOL CONSTRUCTION FUND TO COMPLETE CONSTRUCTION PROJECTS V4'HEREAS; The Board of Supervisors of the County of Isle of Wight, Virginia has approved the school construction program; and: WHEREAS, the funds in the amount of four hundred seventy three thousand eigh± lau:~dred ninety two dollars ($473,892) in carryover construction funds need to be appropriated from the unappropriated fund balance of the General Fund and two million twenty .two thousand five hundred ninety two dollars ($2,022,592) need to be appropriated from the 1997 .Windsor Elementary bond issue proceeds to the School Construction Fund in the 1998-99 budget of the County of Isle of Wight, Virginia. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED by the Board of Supervisors of .the County of Isle of Wight, Virginia that four hundred seventy three thousand eight hundred ninety two dollars ($473,892) in carryover construction funds be appropriated from the unappropriated fund balance of the General Fund and two million twenty two thousand five hundred ninety two dollars ($2,022,592) be appropriated from the 1997 Windsor Elementary bond issue proceeds to the School Construction Fund 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 12 eo~~ 18 ~ac~21O accounting adjustments in the budget .and to do all .things necessary to give this resolution effect. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting irr favor of the motion (S-0); none voting against. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE EIGHTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY SCHOOLS WHEREAS, during the 1997-98 budget year, the Isle of Wight County Schools did not expend all budgeted funds to be received from local sources by an amount to .exceed eighty thousand dollars ($80,000); and, WHEREAS, the funds in the amount of eighty thousand dollars ($80,000) need to be appropriated from the unappropriated fund balance of the General Fund for funding two (2) teaching positions in the 1998-99 Operating 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 eighty thousand dollars ($80,000) from the unappropriated fund balance of the General Fund be appropriated to the Isle of Wight County Schools 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 and to do all things necessary to give this resolution effect. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SCHOOL GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF EDUCATION WHEREAS, the School Board of the County of Isle of Wight has xeceived grant funds from the United States Department of Education; WHEREAS, the funds in the amount of fourteen thousand five hundred thirty two dollars ($14,532) need to be appropriated to the. appropriate line item in the 1998-99 budget of the County of Isle of Wight, Virginia. 1 1 13 eooK ' 18 ~~<<211 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia -that fourteen thousand five hundred thirty two dollars ($14,532) be appropriated to the appropriate line.. item in the 1998-99 budget of the. County 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 as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion. (5-0); none voting against. - Anne F. Seward, Director of Budget and Finance addressed the Board concerning efforts being undertaken in relation to the Y2K issue. Chairman Claud requested. that the Board be provided quarterly status reports on the conversion efforts from the Director of Budget and. Finance. County Administrator Caskey offered. several dates for a town meeting for the Board's consideration. 1 Supervisor Cofer moved the Board conduct its town meeting on Saturday, .Ianuary °, i 999 at 10:00 a.m. at the Windsor Middle/High School. Staff was dirLcted to prepare an appropriate agenda for the meeting. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against.. County Administrator Caskey presented cost estimates for replacement of the Board Room meeting chairs for the .Board's consideration. Supervisor Spady moved the Board authorize staff to proceed with. the purchase of new. chairs for the Board Room. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. II Chairman Claud moved that the funds for replacement of the Board Room chairs be taken from the Contingency fund. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Ms. Seward noted she recently met with the County's financial advisor regarding the feasibility of a potential refunding for 1991 bonds which would produce a savings to the County, of approximately $720,000 over the next thirteen (13) years. 14 .~ B0^N 18 raG~212 Supervisor Spady moved the Board authorize staffto begin the process of bond refunding. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Mr. Robertson presented a request from the Rushmere Volunteer Fire Department for use of a surplus vehicle. Supervisor Spady offered to follow-up with the request upon the arrival of the new cars for the Sheriff s Department for FY98-99. Mr. Robertson notified the Board of a meeting scheduled for Tuesday evening to discuss information included on the survey provided to the various fire and. rescue services in the County. Mr. Robertson notified the Board that Chairman Claud, Mr. Caskey and he recently met with the Town of Smithf eld, the Isle of Wight Rescue Squad .and the Smithfield Volunteer Fire. Department to discuss their ability to respond to calls received in daytime hours and the potential for a paid shift of employees at both units. Mr. Robertson noted he recently spoke with Dr. York, School Superintendent, regarding a date that the Boards could hold a joint work session concerning the School budget. Supervisor Cofer requested Mr. Robertson contact the Superintendent of Schools to determine if December 17, 1998 at 4:30 p.m. would be a convenient time with the School Board to have a joint work session with the Board of Supervisors. // Chairman Claud called for Old Business There was no old business offered for discussion. // Chairman Claud called for New Business. .Supervisor Bradby requested Mr. Hartley elaborate on the particular circumstances surrounding the Blythe property on Route 14. Mr. Hartley noted the Blythe property is located in the Highway Corridor Overlay District and the provisions of the Corridor-need to be addressed. The current tenant was advised that there are provisions of the Highway Corridor District that they must comply with. and he has since communicated with the County Attorney on various issues. There are three 15 ROOK 10 rAG~21~ 1 (3) outstanding issues regarding the outside storage of materials, landscaping and the signalization of the light in only three (3) directions which .presents a potential traffic hazard. Mr. Hartley stated in his capacity as the Zoning Administrator, he is allowed a great deal of discretion in applying what standards apply. County Attorney Crook stated the Highway Corridor Overlay District is for new development and not for existing. uses and existing businesses are not required to meet the requirements of the Highway Corridor Overlay District. The only way the Blythe business would be required to comply with the Highway Corridor Overlay District is if there is a change. in the use that it is already zoned for and the change in tenants of a business does not require it to come under the Highway Corridor Overlay District, advised County Attorney Crook. The Board members indicated they agreed with the County Attorney and requested Mr. Hartley contact Ms. Wilson concerning her property. Chairman Claud moved the Board direct staff to discuss the Highway Corridor Overlay District with the Planning Commission to determine if the Ordinance needs clarification and bring the matter back to the Board for discussion. ~'he motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and 5pady voting in favor of the motion (5-0); none voting against. 1 County Administrator Casket' noted the regional. representatives from the Mayors and Chairs of Hampton Roads are desirous of communicating to the Governor and the General Assembly members the need for increased funding for transportation and education in the Commonwealth. In this regard, included in the agenda is a letter for signature by the Chairman to the Governor and General Assembly members for the Board's consideration. Supervisor .Cofer moved the Board authorize the Chairman to sign the letter from the region's Mayors and Chairs relative to the need for increased funding for transportation and education. The motion was adopted. as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in .favor of the motion (5-0); none voting against. County Administrator Casket' noted the State of the County Breakfast is cheduled for November 20, 1998 at 8:00 a.m. at the Windsor Community Building and requested the Board members"notify his staff if they wished to attend. 1 Supervisor Bradshaw noted :Chairman Claud and he met with. the Town of Windsor annexation committee. The County and Town .Attorneys will draft the language for the agreement for consideration by the Board of .Supervisors in the near future, stated Supervisor Bradshaw. ~I I6 8001 18rA6~~1~ Chairman Claud called for Appointments. Supervisor Spady moved the .Board appoint Denise H. Richardson representing the. Newport District on the Substance Abuse Advisory Council. The motion was. adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); .none voting against. Supervisor Cofer moved the Board appoint Edith Winn representing the Smithfield District an the Beautification Committee. The motion was adapted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in. favor of the motion (5-0); none voting against. Supervisor Bradshaw moved the Board accept the resignation of R. Rawlston Rhodes from the Wetlands Board. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Supervisor Bradshaw further moved the Board appoint John Patterson to the Wetlands Board, filling the unexpired term of Rawlston Roads. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and. Spady voting in favor of the motion (5-0); none voting against. // Chairman Claud called for the County Attorney's report. County Attorney Crook advised the NCRS lease has been revised pursuant to the Board's request and he now recommends it to the Board for approval Supervisor Spady moved the Board approve the NCRS lease, as amended, and authorize the Chairman to sign on behalf of the County. The motion was .adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. County Attorney,Crook stated the.Attorney General is requesting that the Board reaffirm the motion previously adopted to acquire the site on Burdette Road in Walters for an unmanned trash convenience center. Supervisor Bradshaw moved the Board reaffirm its action to acquire the site for an unmanned trash convenience center. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. County Attorney Crook stated the Town of Smithfield has approved the GIS Agreement with the changes the County requested and he 1 ,~ 1 .. 1 17 eoo~ 18•~c~215 recommends the Board approve the GIS Agreement with the Town of Smithfield which was approved by the Town Council on October 14, 1998. Supervisor f'ofer moved the Board approve the GIS Agreement with the Town of"Smithfield. The motion was adopted as follows: Cofer,. Bradby, Claud, Bradshaw and Spady voting in favor of the. motion (5-0); none voting against. County Attorney Crook stated the Director of Public Utilities had provided him with a contract. with Mid-Eastern Builders for the Windsor sewer construction phases three (3) and four (4). He noted that he had reviewed the contract, but needed to review the general conditions, bid documents and other documents incorporated by reference in the agreement and he would recommend the Board approve the contract subject to his approval at this time. Supervisor Bradshaw moved the Board approve the contract with Mid- Eastern Builders subject to the County Attorney's approval. The. motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. 1 County Attorney Crook reported on the matter of in-house assessment and distributed information for the Board's consideration he had received from the Director of Finance. Supervisor Bradshaw noted the Board needed additional time to review the information distributed tonight and moved the Board direct staff to place the matter of in-house assessment on the Board's December 3, 1998 agenda. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion. (5-0); none voting against. County Attorney Crook noted he had other matters for executive session later in the meeting. /1 At 4:50 p.m., Supervisor -Cofer moved the Board -take aten-minute recess. The motion was adopted unanimously (5-0). // 1 Supervisor Cofer moved. the Board. begin its discussion .with the representatives of the General Assembly to discuss various items on the County's legislative priority list. General Assembly members in attendance were Delegate William K. Barlow, Delegate S. Chris Jones, Delegate J. Paul Councill and Senator Richard J. Holland. 18 1041 18rA~'~~6 Mr. Robertson provided the members of the General Assembly with a brief summary of the County's legislative priorities, noting the County's number one (1) priority is transportation funding for the realignment of Route 258. Supervisor Bradshaw noted that the Board did not designate from the Town of Smithfield to the Town of Windsor, but .rather from the Town of Smithfield to Route 58. Chairman Claud clarified that the Board included the entire corridor and VDOT understood that the first phase would be from the Town of Smithfield to the Town of Windsor with .the bypass and then continue there to Route 58. Regarding the overall issues of transportation funding and prioritizing, the General Assembly members recommended the Board meet with the members of the Commonwealth Transportation Board in order to best represent the County's concerns. Regarding the issue of taxing powers, Delegate Barlow- noted there was negative press concerning the legislators not attending a meeting which was proposed and he would request that in the future if the legislators could be contacted first and offered several dates, there would be a greater number of attendees. Regarding the issue of a Daily Reporting Center, Supervisor Spady requested Mr. Robertson investigate the current pilot program through DCJS and forward any information to the legislators regarding how funding for the program was developed. Mr. Hartley addressed the members regarding the issue of adequate public facilities. County Attorney Crook noted it is not proper to state in a statute that the County can deny an application based on certain criteria because then the Board gets into what type of criteria the County uses to approve and deny subdivisions. Stronger language regarding the pertinence of the public facilities and their adequacies is good, but not to say the Board will deny an application because the Board believes its facilities inadequaie. Further, if the Board denies an application because the facilities are not adequate, then the Board must approve an application if the facilities are .adequate. This takes away the legislative discretion of the Board on zoning applications, stated County Attorney Crook. Supervisor Bradshaw requested the County .Attorney prepare appropriate language for the issue of adequate public facilities and that it be presented to the members of the General Assembly. 1 19 eo~ar ~ 18 rae~217 // Chairman Claud shared with the members of the General Assembly the highest priorities. of the Isle of Wight County Citizens Association .and the Carrollton Civic League and noted a copy would be provided for their. reference. Chairman Claud thanked the General Assembly members for coming to the -Board meeting tonight. // County Attorney Crook requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act concerning discussion with counsel and staff acquisition and/or use of public property for public purposes and under. Section 2.1-344 A7 concerning two (2) matters requiring consultation with counsel and staff concerning actual and/or potential litigation matters; and, under Section 2.1-344 A7 concerning three (3) matters for consultation with counsel and staff concerning contractual negotiations. 1 Supervisor Spady requested an executive session under Section 2.1- 344 A7 of the Freedom. of Information Act concerning consultation with counsel and staff concerning an actual and/or potential litigation matter. SupervisorCofer moved the Board .enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Spady moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING I 1 WHEREAS, the Board of Supervisors has convened an executive.. meeting on thi date puraant 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.. 2Q so~~ 18 ra~~218 voTl/ AYES: (Cofer,. Bradby, Claud, Bradshaw and Spady). NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none voting against. Supervisor. Bradshaw moved the Board grant authorization for the .deposit on the land contract. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the. motion (5-0); none voting against. Chairman Claud moved the Board .authorize the County Administrator to work out arrangements to have the grass cut at the County landfill. The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion. (5-0); none voting against. U At 8:15 p.m., Supervisor moved the .Board adjourn. The motion was adopted unanimously {5-0). ~~~~, Robert C. Claud, Sr., Chairman W. Dougl C key, Cler 2l