Loading...
02-17-2000 Regular Meeting9~~_~r 13. 53 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice-Chairman Robert C. Claud, Sr. Stan D. Clark Richard K. MacManus Also Attending; H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County AdministratorlDirector of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Bradby. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for Special Presentations.:. Michael Williams, Regional Manager, Falcon Cablevision, addressed the Board .regarding cable issues. and concerns. Mr. Williams noted 75% of service interruptions to homes are caused by power problems. He noted the cable system will be .rebuilt to resolve this concern., by installing stand-by power supplies. Mr. Williams stated concerns with busy phone lines to Falcon have also been addressed. Mr. Williams stated Charter Communications signed the necessary paperwork for .acquisition. in November of 1999. Mr. Williams presented .the Board with a franchise fee check in the amount of $40,226. Pat Clark of Twin Hill Lane inquired if Falcon Cablevision could televise a channel for viewing. of School Board and Board of Supervisors meetings and other events to County residents. 1VIr. Williams. advised there is a provision in the future for Falcon to make available a channel. for such events. Mr. Clark requested that the Board review the feasibility of making such a .channel available to County residents. Bill Reed of Gatling Pointe expressed frustration with the .loss of Cablevision on New Year's Eve. He also expressed concern with the lack of 1 response from Falcon to a letter he sent requesting that cablevision users be offered a rebate for the two (2) days. Supervisor Bradby .requested Mr. Williams investigate the reason -for the outage which occurred at his home during the evening of the President's State of the. Union Address. Supervisor Clark also expressed concern with the lack of cablevision on New Year's Eve, as well as poor reception on Channel 3. He stated when service calls are placed, Falcon cablevision .representatives do note-always advise their customers when they will fix the problem and many times the problem is not fixed when the representative leaves. Supervisor .Clark requested Mr. Williams address how fast Falcon cablevision intends to revamp its service in the County. Mr. Williams. explained - that a power surge burned up several amplifiers on New Year's Eve. Mr. Williams stated replacement parts were not available as they were stored in the Franklin office which was flooded. out during Hurricane Floyd. He noted that the replacement parts are now available, upon need. Supervisor Clark asked Mr. Williams if he thought a two (2) day rebate is an appropriate response to the residents who were .without .cable during New Years. Eve? Mr. Williams requested he be provided additional time to provide Supervisor Clark with a more equitable proposal. Supervisor MacManus requested Mr. Williams provide the Board. a commitment as to specific dates when. a total system upgrade can be achieved, as well as when the public channels can be accessed. Mr. Williams noted such a plan could be provided to the Board within the next three (3) to four (4) months. .Supervisor MacManus stated he would recommend that when -the transfer is completed on the franchise that the commitment dates be included to ensure that if the County does continue its franchise agreement with Charter, these problems will be resolved. Chairman Bradshaw requested maps of cablevision lines be provided to the County so that they can. be incorporated. into the County's geographic information system. Chairman Bradshaw further requested that guidelines of customer support be established and built into the franchise agreement noting response times and the standards for non-response calls. [l 2 9oF~ ~.~ .~ 55 Chairman Bradshaw recommended that a .Board committee be established to address the citizens' concerns and work with the County Administrator and County Attorney. Supervisor MaclVianus moved the Board appoint Supervisor Clark as the Board's representative to work with the County Attorney in addressing the concerns of the citizens relative to cablevision issues. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion. Anne F. Seward, Director of Budget and Finance, provided the Board with a status report on the various activities within her Department and the direction of fiscal management in the County. // At 7:00 p.m., Supervisor Claud moved the Board amend the regular order of the agenda to conduct the public hearings. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.. Chairman Bradshaw called for a public hearing on the following: The application of Quincy B. Gilliam and A.S.K. to amend Conditional General Commercial zoning of approximately 2.1 acres of land located on the north side of Courthouse Highway (Route 258} between Waterworks Road (Route 709) and Foursquare Road (Route 620) in Hardy Magisterial District. The purpose of the amendment will allow the property to be utilized for professional office space. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. Sarah Gilliam, wife of Dr. Quincy B. Gilliam, applicant, stated their Zuni dental office was destroyed during .Hurricane Floyd and, because they own property located near the Town of Smithfield, it is more feasible to build a professional office building on the property they already own. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor MacManus stated there is a Town corridor overlay project underway and it would be nice to incorporate that into the Planning Commission's overview of these type of projects when they come in. Chairman Bradshaw. requested that the Director of Planning and Zoning closely. coordinate all such development activities. 3 90~K 1`1 *;;C ~~ Supervisor Bradby .moved the Board .approve the application of Quincy B. Gilliam, as recommended by the Planning Commission. The motion was adopted with Supervisors. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no :Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following; The. Six Year (2000-2006) Secondary Improvement Priority Plan for Isle of Wight County Mr. Hartley stated the Six Year Plan is the. Board's opportunity to influence where the funding priorities should go with the secondary road system. He stated that Sandy Ridge Road, Duck Town Road, Campbells Chapel Raad and Whispering Pines Trail have been added to the Plan and moved up in terms of dates of construction, along with Pruden Road and Blue Ridge ~ TraiL He stated the funding on the existing paved roads, particularly Biackwater Road, Foursquare .Road and Broadwater Road have been pushed back in terms of improvements on these roadways. He stated citizens have raised concerns about Kings Cove Way and Blair's Creek Way and the Board would be required to take action to add. these roads to the Candidate List. Supervisor Bradby moved that Blair's Creek Way and Kings Cove Way be added to the Candidate List. The motion was adopted with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed Six. Year Plan. Robert Faison of Battery Park (Hayes Lane) distributed pictures of Hayes Lane and requested.. the Board's assistance in having the roadway maintained and placed back unto the Six Year-Plan. Mr. Hartley advised Hayes Lane is currently. Number 1 i on the Candidate List of unpaved roads. He further advised this roadway is targeted for the "Pave in Place Program." Thomas Hill of Brewer's Creek Lane requested the roadway be maintained. Supervisor Bradby advised Mr. Hill that he previously made a motion to add Brewer's Creek Lane to the Candidate List. Supervisor Clark requested Mr. Molleen to contact him at his office tomorrow to discuss Country Way. 4 gOC~r. 1~ ~~ ::- 57 Supervisor Claud moved the Board adopt the proposed FY2000-2006 Six-Year Plan-for Secondary Roads and the following resolution: RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY 2000-2006 SECONDARY .SIX-YEAR IMPROVEMENT PRIORITY PLAN AND FISCAL YEAR 2000-2001 SECONDARY CONSTRUCTION BUDGET WHEREAS, the Isle of Wight County Board of Supervisors and the Virginia Department of Transportation held a public hearing. on February 17, 2000, to solicit citizen's comments .and recommendations concerning the Isle of Wight County 2000-2006 Secondary Six-Year Improvement Priority Plan and Fiscal Year 2000-2001 Secondary Construction Budget; and, WHEREAS, comments and recommendations have been received during the public hearing on this matter, and-such have beenconsidered and incorporated as appropriate in the 2000-2006 Secondary Six-Year Improvement Priority Plan and Fiscal Year 2000-2001 Secondary Construction Budget.. NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors does hereby accept and approve the Isle of Wight County 2000-2006 Secondary Six-Year Improvement Priority Plan and Fiscal Year 2000-2001 Secondary Construction Budget Priority Plan. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called fora public hearing on the following: The 2000-2001 Secondary Construction Budget Priority. Plan for Isle of Wight County Mr. Hartley stated the Plan completes .funding of the Jones Creek Bridge, pays the final costs for West Blackwater Road, includes the roads for the Jamestown/Camptown Community Development Block Grant, substantially improves Pruden Road and begins funding of Blue Ridge Trail. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the Budget Priority Plan: Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. 5 s 9o~~K 1~ .;:-.~- ~8 Supervisor Claud moved the Board adopt the proposed 2000-2001 Annual Budget for Secondary Roads and adopt the following resolution: RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY 2000-2006 SECONDARY SIX-YEAR IMPROVEMENT PRIORITY PLAN AND FISCAL YEAR 2000-2001 SECONDARY CONSTRUCTION BUDGET WHEREAS, the Isle of Wight County Board. of Supervisors and the Virginia Department of Transportation held a public hearing on February 17, 2000, to solicit citizen's comments and recommendations concerning the Isle of Wight County 2000-2006 Secondary Six-Year Improvement Priority Plan and. Fiscal Year 2000-2001 Secondary Construction Budget; and, WHEREAS, comments and recommendations have been received during the public hearing on this matter, and such have been considered and incorporated as appropriate in the 2000-2006 Secondary Six-Year Improvement Priority Plan and Fiscal Year 2000-2001 Secondary Construction Budget. NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors does .hereby accept and approve the Isle of Wight County 2000 2006 Secondary Six-Year Improvement Priority Plan and Fiscal Year 2000-2001 Secondary Construction Budget Priority Plan.. BE IT FURTHER RESOLVED that the County Administrator is hereby. authorized to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud .voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Clark moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw requested that .the Board's Finance Committee consisting of Supervisors Claud and MacManus meet with .the Director of Budget and Finance and .come back to the Board with a recommendation ..concerning the CIP scheduling and process. !/ 6 9~n1 ~;1 ~ rn Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through C, and asked if there were any items for removal: Resolution to Appropriate $84,870 From the Utility Construction Fund for Water Tower Property to Serve the Southern Development Service District January 20, 2000 Regular Meeting Minutes Supervisor Bradby moved the Board adopt all items of the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (S-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for Transportation Matters. Supervisor Bradby requested staff to take appropriate action to have VDOT clear the ditches on Route 10 at James Way. Grace Keen requested that emergency turnaround exits be installed on the James River Bridge, along with two (2) wreckers to be stationed at each end of the bridge. Supervisor Claud moved the Board direct staff to draft a letter to VDOT advising of citizens' concerns regarding having two (2) wreckers and emergency exits on the James River Bridge. Staff is to confer with VDOT and report back to the Board on the matter. The motion .was .adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Henry Bell notified the Board of the inadequate quality of the blacktop applied to Raynor Road. Supervisor Bradby moved the Board direct staff to advise VDOT of Mr. Bell's concerns regarding. the inadequate quality of the blacktop on Raynor Road. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. R. L. Walker of Central Hill requested the Board's assistance in addressing his concern with stormwater running across the road on Route 637. Chairman Bradshaw moved the Board direct staff to contact VDOT regarding Mr. Walker's concern with stormwater running. across the road on Route 637. The motion was adopted with Supervisors MacManus, Bradby, 7 ~~~~ Z~ .. - ~0 Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no Supervisors. voting against the motion. // Chairman Bradshaw called for Citizens Comments. Rebecca Savino requested the appointment of a Citizens .Advisory Board to .assist the Planning Commission and Board of Supervisors with the Eagle Harbor project, as it develops. Chairman Bradshaw directed staff to meet with Ms. Savino regarding her ~ suggestions and recommendations and that .they be reviewed and brought back to the Board for further consideration. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Frances Laulderman addressed the Board concerning her complaints with cablevision. She requested that a cablevision office be reopened in Franklin. Grace Keen addressed ..the Board requesting that it endorse the program "Plant A Tree for A Child." She stated flyers have been distributed and funding is now coming in so the program would not be an expense to the County. She stated. the Treasurer has agreed to administrator the program in the past. Supervisor Claud suggested that a certain number of trees be planted each year, but not necessarily one for each kindergarten student. Supervisor MacManus moved the Board endorse the concept as presented by Mrs. Keen and the Beautification Committee for the "Plant A Tree for A .Child." The motion was adopted. (4-1) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor. of the motion and Supervisor Claud voting against the motion. Nancy Quill, President, Rescue Community League, requested the Board appoint two (2) at-large members to the School Board. She stated some of the duties facing. the School Board include the search for a new Superintendent, the prospect. of more rezoning issues, a new building program, year round schooling and SOL remediation. // Chairman Bradshaw called for the Community Development report. 1 1 D 8 There. was no Community Development report offered for discussion by the Board. // J Chairman Bradshaw called for the Economic Development report. County Administrator Caskey addressed the issue of a bank qualified bond issuance policy by the IDA in the absence of the Economic Development Director. County Attorney Crook explained the Board previously recommended to the Industrial Development Authority (IDA) that no bonds be issued for out of the County entities during the first six (6) months of the year. to guarantee that County and local entities have precedence. He stated .the Director of Economic Development has recommended to the Board and the IDA that citizens or entities in the County be given the opportunity early in the year and if no one. comes forward to .indicate that they. plan to apply for it, that the County then allow the out of County entities to make such application. 1 Supervisor MacManus moved the Board approve the Bank Qualified Bond Issuance Policy, as recommended by .the Industrial Development Authority and. approve the revised wording, as recommended by the Director of Economic Development. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey .presented a Resolution of Appreciation for Vincent Doheny who has. served as the Executive Director of the Western Tidewater Community Services Board and who is retiring from that position on March 1, 2000. Supervisor Claud moved the Board adopt the following resolution and that staff be directed to :present it to Mr. Doheny at a retirement reception scheduled for Thursday, February 24, 2000: RESOLUTION OF APPRECIATION. FOR VINCENT DOHENY i WHEREAS, the Western Tidewater Community Services Board serves the Cities of Franklin and Suffolk and the Counties of Isle of Wight and Southampton; and, 9 go~~ ~.~ ~;:~ 62 WHEREAS, the Western Tidewater Community Services Board provides quality mental health, mental retardation and .substance abuse services to citizens in need of said services; and, WHEREAS, Vincent Doheny has served as Executive. Director of .the Western Tidewater Community Services Board for 22 years; and, WHEREAS, under Mr. Doheny's direction, the Western Tidewater Community Services. Board has been recognized throughout the Commonwealth as .providing innovative, .efficient, and cost-effective services to meet the needs of the community. NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Vincent Doheny for 22 years of exemplary service as Executive Director of the Western Tidewater Community Services Board. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against. the motion, Anne F. Seward addressed the annual renewal for the County's self insurance plan for the. period March 1, 2000 until February 29, 2001. Ms. Seward summarized the quotations received in the three (3) areas of services that the County will be contracting out. Sam Rosenthal,. the County's consultant, recommended that next year the County go out to bid on health insurance. He stated he would be coming to the Board in January or February with a proposal that will keep costs either level or reduce them. Supervisor MacManus moved the Board authorize the renewal of services. with VHN and National Benefit Services, and award the reinsurance to The Hartford Company for the. 2000-01 Health Insurance plan year. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Regarding the request from the Carrsville Volunteer Fire Department, Chairman Bradshaw noted he would like to personally resolve the request concerning FEMA reimbursements. He stated he would be meeting with the Director of Emergency Management and the representatives of the Carrsville Fire Department in an effort to clear up any miscommunications. County Administrator. Caskey presented a request for additional capital funds .from the Chief of the Carrsville Volunteer Fire Department for the completion of an emergency generator and storage building. 1 10 annr ~~ ~3 D Richard O: Childress, Director of Emergency Management, stated the power hookup was .not disclosed in the original contract at a cost of approximately $10,000. He stated the costs may be decreased as much as $3,500 because the Department has decided to go with a standard brickwork as opposed to matching the side, of the building to that of the existing. structure. Supervisor Clark stated a $10,000 overrun on a critical connection is serious and he suggested all such future requests funnel directly through the Director of Emergency Management. He further suggested that a representative of the requesting department be present to address the Board. when such requests are received. ..Supervisor MacManus requested the Director of Emergency Management evaluate .the proposal and attempt to secure better.. prices for the remaining work and investigate the $9,000 versus $3,500 difference. Chairman Bradshaw moved the Board appropriate an amount not to exceed $ l 6,000 from the Capital Contingency Fund for the completion of the emergency generator storage building for the Carrsville Fire Department. The .motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Mr. Childress presented A Resolution to Form the Isle. of Wight County Disaster Recovery Task Force .for the Board's consideration. He stated a Disaster Recovery Task Force has been formulated in an effort to address disasters, as they occur, to help citizens get back on their feet after emergencies. Supervisor MacManus requested that the County's Task Force report. back to the Board on the County's readiness for the coming hurricane season and that staff send letters of invitation to the various: County organizations inviting their participation. Supervisor Claud moved the Board adopt the following resolution to form the Task Force: RESOLUTION TO FORM 1'HE ISLE OF WIGHT COUNTY DISASTER RECOVERY TASK FORCE 1 WHEREAS, Isle of Wight County, Virginia experienced .tremendous amounts of precipitation during Hurricane. Floyd; and, WHEREAS, said precipitation lead. to extensive flooding in many areas of Isle of Wight County; and, ee~F 1~ ~r,:_~ fi4 WHEREAS, said flooding caused extensive damage to properties of citizens of Isle of Wight County; and, WHEREAS, the citizens of .Isle of Wight County experienced difficulty in receiving temporary relief after the initial emergency had ended. NOW, THEREFORE, BE IT .RESOLVED that. the Board of Supervisors of the.County of Isle of Wight,. Virginia is authorizing the formation of the Isle of Wight County Disaster Recovery Task Force in coordination with the Virginia Department of Housing. and Community Development and reporting to the Tsle of Wight County Director of Emergency Management. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark .and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' presented an amendment to the County's current Agreement with the Virginia Department of Health -for the Board's consideration. He pointed out that the amount referenced in the amendment is in line with the amount budgeted in the County's Operating Budget. County Attorney Crook stated he has reviewed the Agreement and recommends it as to form for approval by the Board. Supervisor MacManus moved the Board approve the Second Amendment to the State of Agreement between the Virginia Department of Health and the Board of Supervisors and authorize endorsement of same by the County Administrator. The motion was adopted with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' briefed the Board on the proposed occupancy and usage of Historic Boykin's Tavern. He recommended that the Board .consider referring this issue to the Board's Building and Grounds Committee and the architect to develop a plan of occupancy for the structure. Supervisor Claud moved the Board direct the Buildings and Grounds Committee to meet with representatives of the Tourism Bureau, Museum, the Historical Society, the project architect and staff to develop a plan of occupancy and use for Historic Boykin's Tavern. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. II II 12 Mr. Childress presented a request from the Carrollton Volunteer Fire Department for the upgrade of its emergency medical service license from Basic Life Support to Advanced Life Support. Supervisor Clark moved the Board endorse the Carrollton Volunteer Fire Department in its efforts to obtain an Advanced Life Support (non- transport) EMS license from the Virginia Office of EMS and provide Advanced Life Support medical care to the citizens of the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Robertson distributed correspondence received from the Smithfield Town Manager, as well as information referencing certain sections of the Fair Labor Standards Act (FLSA). He stated the Town Manager does not feel that the Mutual Aid Agreement section applies to the situation in the County. The Town Manager states volunteers are not prohibited from applying and being hired as part-time fire or rescue personnel The Board requested the Director of Emergency Management and the Assistant to the County. Administrator/Director of Human Resources meet with representatives from the Town of Smithfield to discuss concerns relative to the employment issues. County Administrator Caskey stated staff previously met with the Virginia Department of Housing and Community Development (VHCD} to inquire as to the availability of grant funds under the Planning Grant Program to assist the flood victims in the County. He stated the grant will not require any local monetary match because it is related to disaster assistance and he would recommend the Board authorize him to send a letter to VHCD so that the funds can be received to retain the services to initiate a grant application with the ultimate intent of seeking approximately $700,000. Supervisor Claud moved the Board authorize the County Administrator to send, the letter to VHCD. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey noted a meeting .with International Paper on February 23, 2000 at 6:30 p.m. in which local representatives meet to discuss community issues and concerns. He requested the Board designate a representative to serve on the Community Advisory Council that will meet periodically with International Paper. 13 "~ ~,:1 6~ Supervisor Clark of~'ered to serve on the Community Advisory Council and meet with International Paper Regional Council on February 23, 2000 at 6:30 p.m. to discuss community issues and concerns. County Administrator Caskey reminded the Board it will. be holding a work session on February 22, 2000 at 8:30 a.m. to discuss. growth management .issues. He noted the Board's Annual Town Meeting: is also scheduled for February 24, 2000 at 7:30 p.m. at the Hardy Elementary School. County Administrator Casket' notified the Board that the School Administration proposes to make copies of the Citizens Guide available to students in its high school government classes. // Chairman Bradshaw called for Old Business. The application of the Mary A. Cutchin Estate and Crown Communisation, Inc. for. a Conditional Use Permit to construct a self- . supporting lattice tower of one hundred eighty-five feet. and provide an equipment pad at the base of the tower. Said property is located at the southeast intersection of Carrsville Highway and Carver Road in Windsor Magisterial District. (Tabled January 20, 2000 and February 3, 2000). .Glen Hampton, McQuire, Woods, Battle and Booth, addressed certain questions from Supervisor Clark regarding the visibility of the .tower if certain trees are removed along Route 58 Business, the co-location on existing towers, and whether this will .conflict with the City of Franklin Airport. Supervisor MacManus inquired of Attorney Hampton if the -five (5) conditions are agreeable with his. client. Attorney Hampton replied that his client is in agreement with-all the conditions requested by the Board. Supervisor Claud moved the Board approve the application with the five (5) conditions, as stated, and that the County have first refusal on the tower's last available antenna space. The motion was adopted (4-1) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion and Supervisor Clark. voting against the motion. Responding to an earlier request for two (2) at-large School Board members, Supervisor MacManus stated he believes seven (7) members on the School Board would better serve the County than five (5) as there are a number of critical issues before the School Board at this time. He stated based on-the census information described by the County Attorney, the term of these two (2) individuals should not be any further .than June 30, 2001 as 1 D 14 9~~:~~ ~ 1~ . ~: ~ 67 the Board of Supervisors will. probably be expanded to seven (7) members at that time which will mean a like number on the School Board at that time. '~~ Chairman Bradshaw stated he did not understand the objective or reasoning behind two (2) at-large members on the School Board. He suggested forming a citizens committee representing the entire County. to review the critical issues and decide the number of needed representatives on the School Board. Supervisor Claud stated the School Board does not have overwhelming tasks and he agrees that it will be appropriate once the census is taken that the School Board will probably increase to a seven (7) member Board. He stated he does not understand why it is so critical to increase the School Board by two (2) at large members at this point in time.. He stated he understands the concept proposed, however, he does not understand the timing. Supervisor MacManus stated the timing is due to the fact that he was not on the Board of Supervisors before or he would have suggested seven (7) members on the School Board earlier. 1 Supervisor Bradby stated he listens to the concerns of citizens and he has been approached in support of expanding the School Board to seven (7) members. He stated this is going to happen because of the growth occurring in the County. Chairman Bradshaw stated he does not believe this is representing the majority of the citizens in the County, as the silent majority is not. speaking and this request is by special interest groups. Supervisor Bradby moved the Board direct the County Attorney to begin the process for the election of two (2) at-large School Board members with terms ending June 30, 2001. The motion. was adopted (3-2) with Supervisors MacManus, Bradby and Clark voting in favor of the motion and Chairman Bradshaw and Supervisor Claud voting against the motion. Supervisor Bradby moved the Board .take aten-minute recess. ,The motion was adopted unanimously (5-0). Upon returning to open session, Chairman Bradshaw called for consideration of An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia. (Tabled January 20, 2000). 1 Mr. Hartley distributed an additional change for tower applications requesting an annual plan or an annual statement from the .commercial communications providers as to what their future plans will be. He stated what is distributed is adding language under Section. (J) that will require such a statement to be submitted every January 15th to that effect. 15 ~~~f. ~tJ ,anr VV .1 J~•~. Supervisor Claud recommended that Section 3605 be changed to . reflect three (3) years rather than the stated two (2) years because when citizens. are dealing with the sale of the properties they need to be able to move forward. He further recommended deleting 150% from Section 3743 because he believes the Board is doing a great disservice to the citizens as these are done on a hardship basis anyway. Supervisor MacManus moved the .Board adopt. the Ordinance with Section 3605 being changed to reflect three- (3) years rather than two (2) years, deleting 150% from Section 3743, and that the County Attorney take new wording back to the Planning Commission orr Item (J) and bring it back to the Board as a new provision. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Supervisor MacManus stated at the Board's retreat, he was appointed to the Board's Law Enforcement Committee. In this regard,. he stated Supervisor Clark has a background in law enforcement and he moved the Board appoint Supervisor Clark, replacing himself, on .the Law Enforcement Committee. The motion was adopted with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for New Business. There was no New Business offered for discussion by the Board. // Chairman Bradshaw called for Appointments. ,.Supervisor Clark moved the Board appoint Duke Vanselow to the Parks -and Recreation Advisory Committee representing the Newport District. Mr. Vanselow's term will expire in February of 2004. The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board appoint Judy Hare to the Events Committee. The motion was adopted unanimously (5-0). Supervisor. MacManus moved the Board reappoint Gene Hunnicut, representing the Smithfield District, to the Isle, of Wight Substance Abuse Advisory Council. Mr. Hunnicut's term will expire in March of 2003. Thee motion was adopted unanimously (5-0). u 1 16 gnnf.. ~il ..; , l1J Supervisor MacManus moved the Board reappoint Ronald York, representing the Smithfield District,. to the Planning Commission. Mr. York's term will expire in February of 2004. The motion was adopted unanimously (5-0). 1 Supervisor Bradby moved the Board reappoint Otis Farmer, representing the Hardy District, to the Commission on Aging. Mr. Farmer's term will expire in February of 2003. The motion was adopted unanimously (s-o). Supervisor Bradby .moved the Board reappoint R. L. Walker, representing the Hardy District, to the Planning Commission. Mr. Walker's term will expire in February of 2004. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board. reappoint Donald T. Robertson as the local government representative on the Western Tidewater Disability Services Board. Mr. Robertson's term will expire in March of 2003. The motion was adopted unanimously (5-0}. // Chairman Bradshaw called for the County Attorney's report. 1 County Attorney Crook presented the assignment and. assumption of franchise agreement from Moody Sanitation Company to BFI Waste Systems of North America, Inc. for the Board's consideration. He noted in this assignment, the assignee does assume all obligations of the assignor under the franchise agreement with the County. Supervisor Clark moved the Board approve the assignment and authorize the Chairman to sign it on behalf of the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and ..Claud voting in favor of the motion (5-0) and no .Supervisors voting against the motion. County Attorney Crook stated he has received from. the Windsor Town Attorney an agreement between the Town of Windsor and the County of Isle of Wight regarding the Virginia Department of Housing and Community Development Block Grant for improvements to the area south of Windsor which is being annexed to the Town of Windsor. 1 Supervisor Claud moved the Board. approve the agreement as presented by the County Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 17 County Attorney Crook .reported to the Board that the long standing issue between the County and :the .Town of Smithfield concerning the :conveyance of the Route 10 waterline was. resolved. last week. County Attorney Crook advised the Board he has prepared and forwarded to the Town of Smithfield a deed for the conveyance of the waterline to the Town of Smithfield. County Attorney Crook stated he and the County Administrator met with the Smithfield Town Manager and the Town Attorney to review the Tourism Bureau agreement. He noted the provision of the office space for the Tourism Bureau to be provided by the Town of Smithfield as an in-kind service was not agreeable to the Town Manager and Town Attorney. He noted the Town of Smithfield's position is that the. County and Town have joint committees to approve the budget for the Tourism Bureau and once the respective governing bodies confirm such, then they wily pay SO% of that budget except that right now they are paying $17,500 a quarter which is not covering. because of the cost. for utilities for the office. He stated if the County .goes ahead and takes care of that, it will not be a problem after July l , 2000 because then there will be 50/50 .funding of the budget. He stated if -this is agreeable to the Board, he will prepare: an agreement and forward it to the Town of Smithfield Attorney. Chairman Bradshaw moved the Board refer the Tourism issue as presented by the County Attorney to the Board's Finance Committee to meet with a respective committee of the Town of Smithfield. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no .Supervisors voting against the. motion. County Attorney Crook stated the Town of Smithfield has offered to sell surplus water to the County provided it was not used for residential, only commercial development. He stated the Board asked the Town to reconsider as the Board did not feel it could buy and distribute water for only commercial users and not for residential users. He stated further discussions have ensued and a proposal was submitted that the representatives from the County -and -the Town have agreed on that the purchase of the surplus water by the County from the Town could be used for already approved residential development, not new development, and for commercial. development. He noted if this is agreeable with the. Board, he would prepare an appropriate agreement. Supervisor MacManus stated he would-.like the opportunity to discuss this matter more fully .with staff and moved the Board study the matter further in order to review documentation and receive input from staff regarding some of the problems/concerns of the Director of Public .Utilities. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors .voting against. the motion. 18 County Attorney Crook notified the Board that the closing on the Johnson property is scheduled for tomorrow. Chairman Bradshaw asked the County Attorney to discuss the- Procurement Act. County Attorney Crook stated the Board has two (2) proposers to our RFP regarding the GIS proposal for digital orthophotography and staff has evaluated the responders and has narrowed it down to two (2) recommended responders for. interview by the Board. He stated under the Public Procurement Act, Section 11-37, competitive. negotiation is the method for procurement of professional services. He stated the matter before the Board tonight requires interview of the two (2) deemed most qualified. He stated a question was raised whether or not the interviews should be done in closed session. He stated the Board has .always interviewed in closed session to protect the applicants and the information they provide to the public body so that it is not available to their competitors. He stated the Public Procurement Act is not mandatory and the .Board can interview the proposers in open session, however, it has been the policy of the Board to do interviews in closed session. Supervisor MacManus stated he believes this matter should be in open session because there is nothing here that requires a closed session. Supervisor MacManus moved the Board request the County Attorney and staff to come back with their thoughts on how the Board can transfer the management role and provide staff the authority to interview and recommend selection of professional services providers to .the Board in the future. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // County Attorney Crook requested a closed session under Section 2.1- 344 A 1 of the Freedom of Information .Act concerning one (1) personnel matter; under Section 2.1-344 Al to interview the responders to the RFP, including negotiations of fees; under Section 2.1-344 A3 concerning a report from Counsel and advice of Counsel on property acquisition where public disclosure could adversely affect the negotiating: position of the County regarding that acquisition. Supervisor Bradby moved. the Board enter closed session, for the reasons stated. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 19 Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant. to an aflirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.l•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: (MacManus, Bradby, Bradshaw, Clark and Claud) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor .Bradby moved the Board authorize Counsel and staff to negotiate a contract with Overman & Associates for digital orthophotography, The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. .Supervisor Clark moved the Board direct Counsel to give notice of termination of the contract of the Economic Development consultant. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 1 20 Supervisor Claud moved the Board authorize Counsel to proceed with the contract for the purchase of the property in Carrsville discussed in closed session. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw moved the Board appropriate $500 for deposit on the land purchase for the above property to come from the Capital Contingency fund. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. // At 11:45 p.m., Supervisor MacManus moved the Board continue its meeting until February 22, 2000 at 8:30 a.m. for the purposes of conducting a work session on growth management issues. The motion was adopted unanimously (5-0). ,,''/'~ ' ~~ ~ ~i P ip A. Bradshaw, Chairman W. Doug C key, Clerk 21