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09-02-1999 Regular MeetingB09K 1~ -.~~;3tJ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice-Chairman Henry H. Bradby Robert C. Claud, Sr. ABSENT:. Phillip A. Bradshaw . 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 Spady called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Claud. The Pledge of Allegiance was conducted. // Chairman Spady called for Special Presentations. Chairman Spady noted that John W. Whaley with the Hampton Roads Planning District Commission was not present at this time and is expected to address the Board later in the meeting regarding a demographic analysis on projected school population. I/ Chairman Spady indicated the following Consent ,Agenda included Items. 2, A through E, and asked if there were any items for removal: A. Request for Watch for Children Sign on .Ashby Way East B. Resolution to Submit. an Application for V-Stop Grant Program Funds and to .Accept .and Appropriate Grant Program Funds from the Commonwealth of Virginia Department of .Criminal Justice Services C. Resolution to Accept and Appropriate $177,673 from the United States Department of Education ~i D. Resolution to Accept and Appropriate $48,057 in Carryover Federal Grant Funds E. August 5, 1999 Regular Meeting Minutes 1 Supervisor Bradby moved the Board adopt all items of the Consent Agenda. The motion was adopted with Supervisors Cofer, Bradby, ..Spady and Claud voting in favor of the motion (4-0) .and no Supervisors voting against the motion. // Chairman Spady called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, reminded the Board that the VDOT Resident Engineer would be making his-quarterly appearance before the Board at its September. 16, 1999 meeting. Mr. Hartley stated at that time, he would also provide the Board with a summary of the August 26, 1999 quarterly meeting with the District Administrator and Resident Engineer. Chairman Spady requested Mr. Hartley take appropriate action to have VDOT install crush-n-run where the tide comes on Battery Park Road and has cut a ditch. 1 // Chairman Spady called for Citizens Comil~ents. Grace Keen requested the status of Tylers Beach Supervisor Bradby noted that the portable toilet facility was :repaired approximately three (3) weeks ago and a Fall clean-up is planned. He further noted that. the County is providing trash collection service for the site via Moody Sanitation. Grace Keen requested the status of the issue of sludge applications. ~I~ Mr. Hartley noted the Planning Commission is continuing to discuss the issue of sludge applications and has requested a field trip to the HRSD facility to observe a land application in progress. He noted he has requested additional information from other jurisdictions that have experienced problems with this type of application. // Chairman Spady called for the Community Development report. 2 Lyle Hornbaker, GIS Coordinator, provided the Board with a demonstration of the Geographic Information System (GIS) and its various County related applications. Mr. Hornbaker noted a GIS steering committee has been recently formed to ensure that data created is usable by all and that data can be mapped to the GIS system. Mr. Hartley distributed revised copies of the revised CIP reflecting modifications. requested by the Board at its .August 31, 1999 work session. // Chairman Spady called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, requested the Board's consideration of a Resolution to appropriate $500,000 from the Utility Construction Fund for utility cost overruns associated with the Windsor Sewer Project. Supervisor Claud. moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIVE HUNDRED THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND FOR UTILITY COST OVERRUNS ASSOCIATED WITH THE WINDSOR SEWER PROJECT WHEREAS, the Board of Supervisors of the County of .Isle of Wight, Virginia has approved funding for the cost overruns associated with the Windsor Sewer Project in the Central Development Service District; -and, WHEREAS, the funds in the amount of five hundred thousand dollars ($500,000) need to be appropriated from the Utility Construction Fund. to the 1999-00 Capital Projects Budget of .Isle of Wight County for cost overruns associated with the Windsor Sewer Project in the Central Development Service District located in Isle of Wight. County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum of five hundred thousand dollars ($500,000) be appropriated from the Utility Construction Fund to the 1999-00 Capital Budget of Isle of Wight County. 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 et~'ect. -The motion was .adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 3 90~~ 18 ><:;-5~3 Mr. Rountree, requested the Board's approval of the August 10, 1999 proposal from R. Stuart Royer in the amount of $18,000 for inspection of welding and painting of the Bartlett elevated water tank. Supervisor Cofer requested Mr. Rountree secure additional prices for this service. Mr. Rountree noted. SPSA will be handling the items outlined in the August b, 1999 letter from DEQ relative to additional groundwater monitoring and sampling wells at the Isle of Wight Landfill and SPSA will invoice the County upon completion. Mr. Rountree presented a late item for the Board's information. He noted the EPA has mandated each water utility in the United States annually prepare and make available to all customers an annual .Consumer Confidence Report which reports any contaminants detected during routine tests throughout the calendar year. Mr. Rountree distributed a copy of a draft report prepared for the Day's Point water system which will be provided to the State Health Department prior to being sent to the customers in mid-October. // John Whaley, Deputy Executive Director of the Hampton Roads Planning District Commission, provided the Board with information relative to a demographic analysis. He stated he recommends that the Board acquire a world class economic model to see how the County is changing and what the future may hold. He advised the Board that the County can proceed with leasing such an economic model at a cost of $1,800 for a three (3) month period. Mr. Whaley stated the Hampton Roads Planning District Commission owns an in-plan modeling system which can analyze economic development planning projects and which is provided to all localities in the Hampton Roads region. He noted he could also provide the County with impacts- over time utilizing the Remy Modeling System, in addition to forecasting capability. Mr. Whaley stated that before the Board makes a decision as to whether the County wants to lease the Remy Model, he would suggest he first .meet with the appropriate personnel to determine what issues need addressing and whether or not they can be addressed by the Remy Model. // County Administrator Caskey noted the presence of Vincent Doheny and requested the Board .consider at this time the Western Tidewater Community Services Board FY2000 Performance Contract. 4 BOON ~V ''i~:'~~'J7. Mr. Doheny requested the Board approve the Western Tidewater Community Services Board FY2000 Performance Contract. Supervisor Claud moved the Board approve the FY2000 Community Services Board Performance .Contract. The .motion was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no Supervisors voting against the motion. Il Chairman Spady called for the Economic Development report. Debbie Sivertson, Administrative Analyst, presented a contract. agreement for the Boykin's Tavern renovation project for the Board's consideration. County Attorney. Crook stated he had. one change he would like to submit to Virtexco and recommended the Board approve the contract agreement subject to his approval as to form in his capacity of County Attorney. Supervisor Cofer moved the Board authorize approval of the contract agreement documents. between Isle of Wight County and Virtexco Incorporated for the renovation improvements to .Historic Boykin's Tavern, subject to the approval as to form by the County Attorney. The. motion was ,adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Chairman Spady called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, recommended the Board approve his request for the discontinuance of sates of commercial and recreational licenses by Department of Parks and Recreation staff: He noted .the Virginia Marine Resources officers have the ability to sell these licenses. at their office located at Nike Park. Chairman Spady moved. the Board authorize staff to discontinue the sale of commercial and recreational. licenses for the Virginia Marine Resources. Commission by the Department of Parks and Recreation. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claude voting in favor of the motion (4-0) and. no Supervisors voting against the motion. // Chairman Spady called for the County Administrator's report. 1 1 5 i~ I~~. County Administrator Caskey stated representatives of both the Town of Smithfield and the County have discussed the feasibility of transitioning the Tourism Bureau into a County Department, effective January 1, 2000. He stated it is recommended that the two (2) legal counsels for the Town and County begin to work together to prepare an appropri-ate written agreement to effectuate this transaction. Supervisor Cofer moved the Board approve the report and authorize the County Attorney to meet with representatives of the Town of Smithteld to develop an appropriate resolution to be presented to both parties. The motion was adopted with Supervisars Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Donald T. Robertson, Assistant to .the County Administratar/Director of Human Resources, noted the Federal Government has revised its Job Training Partnership Act and. created the Workfarce Investment Act. Mr. Robertson stated staff is recommending that the Board request a temporary designation under the three (3) areas of designatlan as outli»ed in the Board's agenda report and that the Sautheastei-n Virginia .Job Training Administration be idontificd as the ab~ncy that will administer the Workforce Investment Act on the County's behalf and that Rick Sciullo be the contact person for the County's service area. 1 Supervisor Claud moved the Board endorse, for the Governor's consideration, a request for the temporary designation for the County within the service delivery area of the SVJTA and designate Rick Sciullo, Executive Director, SVJTA, as the contact person for the County's service area. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no Supervisors voting against the motion. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWELVE THOUSAND FIVE HUNDRED NINETY NINE DOLLARS FROM TI-IE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE TWO. FOR LIFE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funding from the Commonwealth of Virginia for the Two for Life Program; and, -~ WHEREAS, funds in the amount of twelve thousand five hundred ninety nine dollars ($12,599) need to be appropriated from .the.. unappropriated fund balance of the General Fund to the appropriate line items in the 1999-00 Operating Budget of the County of Isle of Wight, Virginia. 6 ~~~~ 18 ~,:-5~6 NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the, County of Isle of Wight, Virginia that twelve thousand five hundred .ninety nine dollars ($12,599) be appropriated o the Isle of Wight Volunteer Rescue Squad ($6,299.25), the Windsor Volunteer Rescue Squad ($3,779.SS), and the Carrollton Volunteer Fire Department ($2,519.70) line items in the 1999-00 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 with Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no Supervisors voting against the motion. Supervisor Cofer moved the Board adopt the. following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY FOUR THOUSAND NINE HUNDRED THIRTY THREE DOLLARS FROM-THE STATE DEPARTMENT OF FIRE PROGRAMS FOR THE FIRE FUNDS PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funding. from the Commonwealth of Virginia for the County's Volunteer Fire Departments for the Fire Funds Program; and, WHEREAS, funds in the amount of twenty four thousand. nine hundred thirty three dollars ($24,933) or so much. as .shall be received need to be accepted and appropriated to the appropriate line items in the 1999-00 Operating 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 nine hundred thirty three dollars ($24,933) or so much as shall be received be appropriated to the Volunteer Fire Departments by equal distribution to the appropriate line items in the 1999-00 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 with .Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no Supervisors voting against the motion. 7 aoo~ ' ..1~ .,: a~7 ~~ is County Administrator Casket' presented the GTE Network Service Agreement for the Board's consideration. Supervisor Claud moved the Board authorize execution of the GTE Network Service Agreement subject to approval by the County Attorney. The motion was adopted with Supervisors Cofer, Bradby, Spady .and Claud voting in favor (4-0) and no Supervisors voting against the motion. County Administrator Casket' stated the Board previously directed that staff develop guidelines concerning overtime compensation f'or County Employees and such is included in the Board's agenda to provide direction to the Board and staff relative to the application of overtime compensation for individual departments. Anne F. Seward, Director of Budget and Finance, noted she would be bringing back an authorizing resolution for the Board's consideration to modify the County's current policy. County Administrator Casket' stated the Department of Budget and Finance has identified either obsolete or damaged co~Y~puter equipment. He stated there is no advantage to surplus these ite-ns for sale. because of the fact of the storage of the equipment would cause further damage to the equipment. He stated there is an immediate need on the part of the School Board Data 1?rocessing Department for the use of such repair .parts and he is requesting the Board's direction as to the County's ability to provide this as a donation to the School Board for their use. Chairman Spady moved the Board authorize stag` to donate the obsolete equipment to the School Board for use as repair parts. The motion was adopted with. Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no Supervisors voting against the motion. County Administrator Casket' requested. the Board begin the. process of specifying dates and times for its annual Retreat. Noting the absence of Supervisor Bradshaw, Supervisor Cofer requested staff bring back suggested dates, location and time for theRetreat. County Administrator Casket' distributed a late item concerning construction of a handicapped ramp for the- Smithfeld Branch of the MetropolitanYMCA. He stated the Board previously .agreed to switch the location of the Smithfield polling place from the Smithfield Volunteer Fire Department to the YMCA building located on James Street. In this regard, there is the need to enhance the handicapped accessibility to this facility and staff has proceeded to procure bids for the construction of such a ramp and before the Board for consideration are the .two (2) bids received for this work, he stated. 8 eooK 18 ~~.::5~8 In response to Chairman Spady's inquiry. on the dollar amount of the bids received, Arthur E, Berkley, Superintendent of Inspections, .replied he thought the bids received are high because it is a relatively .small job and most contractors he has recently spoken with. are operating at a surplus and can pick and choose their jobs. Chairman Spady noted he could not support approval of the low bid, as it is too high. Supervisor Claud moved the Board accept the low bid with funding to come from the contingency fund. The motion was adopted (3-l) with Supervisors Cofer, Bradby and Claud voting in favor of the motion and Chairman Spady voting against the motion.. County Administrator Caskey distributed a response from Alfred E. Gregg, III, Shoreline Engineer, Department of Conservation and. Recreation addressing the review of the situation at the Tylers Beach Marina relative to the- shoreline and erosion problem occurring with the bulkhead, the .review of the shoreline situation at Burwel(s Bay and the shoreline situation at Fort Boykin as it relates to the erosion occurring at the embankment. He stated outlined in the letter are procedures to be followed by the County for making application to have these items accomplished. Ludford T. Creef, III, Director. of Public Works, addressed the Board concerning his various requests .for capital items.. Supervisor Claud requested that. he provide the Board with a five (5) year plan for capital outlays. I/ Chairman Spady called for Old .Business. Supervisor Claud. reported that Mr. Hartley, Mr. Ron York (Planning Commission) and he recently attended the Coalition for High Growth Communities .meeting on August 26`i' and 27`'' in Richmond in which legislative priorities were reviewed for the. upcoming General Assembly session. He noted that a five (5) member committee was appointed. by .the Coalition to .draft a Mission Statement to review the legislative priorities for .all localities and bring back a recommendation in November of 1999. // Chairman Spady. called for New Business. There was no new business offered for discussion by the Board. /! 9 900 ~ 18 -;:-5~~ // Chairman Spady called for Appointments. There were no appointments offered by the Board. Chairman Spady called for the County Attorney's report. County Attorney. Crook noted .that all his matters for the Board are closed session matters. - // County Attorney Crook requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning four (4) property matters regarding discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; under Section 2.1-344 A3 concerning contract rlegotiatrons involving property and services; and, under Section 2.1-344 Al concerning a personnel matter. 1 County Administrator Caskey requested a closed session under Section 2.1-344 AS concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business or industry's interest in locating or expanding its facilities in the community; under Section 2.1-344 AS concerning a potential economic development prospect based on a briefing from the County's economic development consultant; and, under Section 2.1-344 A3 concerning a proposed contractual negotiation involving property and services requiring advice of counsel Supervisor Bradby moved the Board enter .closed session .for the reasons stated. The motion was adopted with Supervisor Cofer,. Bradby, Spady and Claud voting in .favor of the motion (4-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING i; WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative. recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, 10 BQQt 1J ~~;~6t10 WHEREAS, 2.1-344.1A of the Code of Virginia requires a_certification by this Board of Supervisors that such closed 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. closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the. closed meeting were heard, discussed. or considered by the Board of Supervisors. VOTE AYES: Cofer, Bradby, .Spady and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted with .Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisor voting against the motion. At S:IS p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (4-0). O. A. Spady, ~,` irman ~ ~ ~ ' w ' ~-~ ~~~ W. Douglas ey, Cle 1 11