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05-04-2000 Regular Meeting~~ t t. an~,~ ~ 1_., . .L. REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE FOURTH DAY OF MAY 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 Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 2:00 p.m. and delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for Special Presentations. David Kovacs, County Liaison for the Chesapeake Bay Local Assistance Department briefed the Board on the requirements of the Chesapeake Bay Preservation Area Ordinance for its information. Supervisor MacManus requested that the. Director of Planning and Zoning provide him with a copy of what the conditions were that the County was not consistent with in the Chesapeake Bay Act. Richard O. Childress, Director of Emergency Management, addressed the Board on his recommendations for funding of the various Fire .and. Rescue Departments for the. FY2000-0 l' Operating Budget. Supervisor Claud. noted the Board would. consider the request during its final work session on the budget.. Chairman Bradshaw noted the presentation by VDOT is scheduled .for 4:00 p.m. and that the Board would return to the Presentations section of the agenda at that time. // g~nN ~.~ -; ~~1~4 .Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through D, and asked if there were any items for removal:. A. Fiscal Crisis in Our Local Governments/Part 2 B. Change Order #3 - NDSD Elevated Water Tank. C. Apri16, 2000 Regular Meeting Minutes D. April 10, 2000 Continued Meeting Minutes Supervisor Claud moved the Board adopt .all items contained in the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Regarding the Hampton Roads Partnership, Chairman Bradshaw noted no meeting was held. Regarding the Hampton Roads Economic Development Alliance, Chairman Bradshaw deferred until the Director of Economic Development could comment later in the meeting. Regarding the Mayors and Chairs Caucus, Chairman Bradshaw noted no meeting was held. Regarding the Southside Mayors and Chairs, Chairman Bradshaw noted Mr. Robertson and Mr. Small are currently working on the Work Force Development Task review. Regarding the Hampton Roads.. Planning District Commission, .Supervisor Claud noted the second video under the Consent. Agenda by the. County .Administrator addressed current fiscal problems being experienced by .local governments:. He noted the .third video would address suggested solutions to the problems. Regarding the Western Tidewater Regional Jail, Supervisor Claud noted a meeting was held, but he had nothing significant to report. Regarding the Western Tidewater Water Authority, Supervisor Claud advised the Authority did endorse the contract to proceed with the- tie-in across the Chuckatuck Creek to allow the water from the City of Suffolk to flow into the County. Regarding the Virginia Coalition of High Growth Communities, Supervisor Claud noted that there is a Smart Growth Summit scheduled for 2 a~,r :1_~: ~~5 May 15, 2000 at the. Chesapeake.Conference Center from 8:30 a.m. until 3:00 p.m. He encouraged all Board members to attend. Regarding the International Paper Advisory Council, County Administrator Caskey noted he attended the last meeting and the group may meet one additional time before breaking for the summer months. He noted discussed was the recent announcement by International Paper to acquire Champion Paper. Regarding the Southeastern Public Service Authority, County Administrator Caskey noted SPSA did not meet during the month of April, but continues to work on its budget which is anticipated to be .adopted at its May meeting. Regarding International Paper,. Chairman Bradshaw advised of an upcoming announcement by .International Paper to reduce one-third of its administrative workforce as soon as possible. Regarding the Virginia Association of Counties Board of Directors, .Chairman Bradshaw noted a Board meeting is scheduled for .this weekend «~ith committee meetings scheduled next Friday in Richmond. He distributed to the County Administrator information referencing accommodations for the annual meeting (November). He also referred to correspondence from Delegate David Albo, who attempted to establish zoning. regulations to allow developers to cluster their homes without the necessity of obtaining a Special Use Penmit. He referred to a news release from the City of Clifton Forge and the Allegany Board of Supervisors wherein Clifton Forge is proposing to revert back to town status. He requested the County Administrator provide copies of all such information to the Board. // Chairman Bradshaw called for Transportation Matters. Supervisor Claud requested Mr. Hartley to provide the. Board with a report on his quarterly meeting with the VDOT District Administrator. Chairman Bradshaw distributed a note from a citizen on Fire Tower Road .and requested Mr. Hartley address the concerns noted with Mr. Neblett. County Administrator Caskey advised that Public Works staff' had checked on the tree reported by Supervisor Clark. on Cherry Grove Road and found that it was well. grounded and did not appear to be threat to motorists. Mr. Hartley confirmed a similar response by VD4T following their own inspection of the tree. 3 ~~ Chairman Bradshaw called for Citizens Comments. Carson Whitley and his wife, Margaret, requested the Board authorize a one-time $1,000 hook-up fee for each of their three (3) buildings to the County's sewer line. Supervisor MacManus moved the Board direct the Director of Public Utilities, the Director of Economic Development and the .County Attorney to evaluate .and make a recommendation responsive ~to the Whitley's request. 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 it. Michael Alexander recommended an inclusion to the Isle of Wight County Code, Appendix A Section 4-4-1-6 "Cul-de sac Streets." Supervisor Clark moved the Board send the proposal to the Planning Commission for study and recommendation. 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 it. Michael Alexander recommended a review of the Zoning Ordinance Section 3604 "permissible uses not Requiring Permits" sub section A - "Streets". Supervisor Claud moved the proposal be referred to the Planning Commission for recommendation .back to the 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 it. // County Administrator Casket' noted the presence of Evelyn Chandler and requested the Board consider two (2) items under his section dealing with Boykin's Tavern. Supervisor moved the Board amend the regular order of the agenda in order to address two (2) items under the .County Administrator's section. The motion was adopted unanimously (5-0). Regarding the issue of the Virginia Department of Transportation TEA-21 Grant Application for Boykin's Tavern Renovation Project, County Administrator Casket' noted staffs .recommendation is that the ..Board modify the County's current TEA-21 grant application by requesting a reduced amount of $75,000 for the. Boykin's Tavern Renovation Project. 1 4 Chairman Bradshaw moved the Board authorize staff to take appropriate action to modify the County's current TEA-21 grant application by requesting a reduced amount of $75,000 for the Boykin's Tavern Renovation Project, subsequent to approval of the funds from the Virginia Department of Historic Resources. 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. Regarding the issue of the proposed occupancy and use of historic Boykin's Tavern, County Administrator presented the recommendation of the Board's Building and Grounds Committee. Supervisor Claud moved the Board approve the recommendation of the Building and Grounds Committee for the use of 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. Evelyn Chandler noted that special recognition would be given to the late Senator Holland and his son would be standing in for him. She notified the Board that a Historical Society member has also donated $20,000. She requested that the Board appropriate. $1.,510 to purchase the materials for fourteen (14) window treatments for Boykin's Tavern. Chairman Bradshaw moved the Board appropriate funds in the amount of $1,51.0 from the Contingency Fund for the purchase of materials for window treatments in Boykin's Tavern, as requested by Evelyn Chandler. 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, Mrs. Chandler noted that May is Historic Preservation Week all over the country. // Supervisor Bradby moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the Community Development report. Jonathan W. Hartley, Director of Planning and Zoning, presented the following request for the Board's consideration: The request of Isle of Wight County to replace shingles on the covered walkway adjacent to the County Clerk's Office and .part of the 5 1~ 238 964r. Administration Building which is located at 17130 Monument Circle, Isle. of Wight, in Hardy Magisterial District, which is located in the Courthouse Historic District.. Supervisor Clark moved the Board approve. the request of Isle.. of Wight County. The .motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley presented the following- request for the Board's consideration:. The request of Benns Methodist Church to locate a storage. building . and bar-b-que-pit at 14571 Benns Church Boulevard, Smithfield, in Newport Magisterial District, which is located in the St. Lukes Historic District. Supervisor Clark moved .the Board approve the request of Benns Methodist Church. The motion was. adopted with Supervisors. MacManus, Bradby, Bradshaw, Claud and Clark voting in favor. of the motion (5-0) and no Supervisors voting againstthe motion. Mr. Hartley presented the Flood Reclamation Housing Project Planning Grant Agreement between the County and the Virginia Department of Housing and Community Development which he recommends the Board authorize the County Administrator to execute and .appropriate funds in the amount of $25,000. County. Attorney .Crook noted under the special conditions, he would recommend in paragraph #5, "City Manager' should be changed to "County Administrator" and "City Planner" should reflect "County Director of Planning." Supervisor Clark moved the Board authorize the County Administrator to execute the County's agreement with the Virginia Department of Housing and Community Development (VDHCD) and accept and appropriate funds in the amount of $25,000 with the County Attorney's recommended changes under paragraph #5 to .reflect "County Administrator" rather than the City Manager and the "County Director of Planning". The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley presented the Flood Reclamation Housing Project Planning Grant for Professional Services for which he requested authorization from the Board to open the proposals, negotiate the contract with the number one recommended firm and bring that back to the Board on May 18, 2000. 6 1 1 1 ~,;~r.r _~_fJ ..~~ Supervisor Clark moved tl~e Board authorize staff to open the proposals and negotiate the- contract with the number one recommended firm and bring back to the Board on May l 8, 2000. "I'he motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Mr. Hartley advised the Board that the Chesapeake Bay Local Assistance Grant for FY1999 has been closed and CBLAD has indicated that they .are retaining the remaining funds in the amount of $1,500. !fie advised it was impossible for County stat~'to combine the data it had on the septic pump out program with the State's syste-1~~ and it was impossible for staff to meet the State's deadli-le of April 15, 2000 with a completed and adopted Comprehensive Plan. ChairmanBradshaw moved theBoard direct the Director of Planning and Zoning to review the program and provide the Board with detailed information outlining the history of this issue, to include what the-State is proposing to do with the septic tank pump out program. Mr. 1-lartley should include advantag4;s and disadvantages of each sconario. The motion was adopted with Supen~isors MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (S-0) .and no Supervisors voting .against the motion. // Chairman Bradshaw called for the Public Utilities report. Supen~isor Claud presented a request from the Windsor Manor Mobile Home Park o~~1~er to convert all of his trailer park over at one time to tie into the Windsor sewer s~~ste-m. He stated the owner is proposing that, if the County is agreeable, he would take applications in his office and he would pay the $50 deposit foe for all of the residents of the park at this time which means that ~~~ith approximately 1-30 connections at the $20 new sewer account fee the Count}' would lose $2,800; however, if the County picks up the. seventy (70) that he ~1~ould not have to pickup until the second year the County tit~ould save approximatel~~ $ ] 0,000. County Attorney Crook stated the Board could. grant a waiver .and should it elect to do this, he «~ould recommend that the Board tie the waiver to the connection. now of all units which would amount to a discount because of the early connection and the County would benefit financially from doing it thin «~ay. Supervisor Clark moved-the Board direct the County Attorney to draft an appropriate resolution for action by the Board at its May l8, 2000 m~etirg.. The motion «~as adopted with Supervisors MacManus, Bradby, B^~.~.~~a~~,=, Cla~,~d and Clark voting in favor of the motion (5-0) and no Su~~~iso*s ~~oting against the motion. 7 Upon request of Supervisor Claud, E. Wayne Rountree, Director of ..Public Utilities, provided the Board .with a status report on the Windsor sewer system construction project. Mr. Rountree advised the Bartlett. water tank is being. painted and is anticipated to be operational by June of 2000. ' // Chairman Bradshaw called for the Economic Development report. Patrick J. Small, Director. of Economic Development, presented a Resolution to Proclaim .May 14-20, 2000 Business. Appreciation Week for the Board's consideration. Supervisor Bxadby moved the Board adopt the following resolution: RESOLUTION TO PROCLAIM MAY 14-20, 2000 BUSINESS APPRECIATION WEEK WHEREAS, Isle of Wight County is pleased to have a thriving base of business and industry to support the local economy; and,. WHEREAS, these businesses provide essential employment opportunities for the citizens of Isle of Wight County; and, WHEREAS, these businesses provide local revenues from which the entire citizenry benefit; and, WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life in the- area; and, WHEREAS, we recognize and appreciate these businesses. NOW, THEREFORE, BE IT RESOLVED THAT the Isle of Wight County Board of Supervisors hereby recognizes our existing businesses, and by virtue of this resolution gives notice to our citizens that we are "Honoring a New Century of Business in Virginia." AND, further, that the week of May 14-20, 2000 is Business Appreciation Week in Isle of Wight County. The motion ~~~as adopted with Supervisors MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. 8 Chairman Bradshaw called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and .Recreation, presented the -old Smithfield High School property future expansion plans for the Board's consideration.. Supervisor MacManus moved that the Board appoint the Building and Grounds. Committee for recommendation for a possible task force with input from County staff. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Claud and Clark 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 Casket' requested. the Board set its public hearing for the 2000-2001' Operating Budget. Supervisor Claud moved the Board authorize stat~'to advertise a public hearing on the 2000-2001' Operating Budget for the Board's May 18, 2000 meeting. with the Board imposing a cellular telephone tax rate of 10%, not to exceed $3.00 per month and. a reduction in the Farm Machinery Tax to $.50. 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 .the Board authorize staff to advertise the Ordinance for the tax levy rate for the June 1, 2000 meeting. Supervisor Clark moved that the Board authorize the advertisement of the tax levy rate for the June 1, 2000 meeting. 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 amend the order of the regular agenda in order to hear a presentation from VDOT on the proposed Cypress Creek Connector project. The motion was adopted unanimously (5-0). Chairman Bradshaw acknowledged members. of the Smithfield Town Council, in attendance, as .follows: Council members, Quincy Gilliam, Keith Hearn and Dan. Smith; and, Town staff members, Bill Hopkins and Wayne Griffin. 9 ~~~~. 19 .,,::~ 2Q2 .Robert T. Scott, Jr., Michelle Atkins, Jim Harris, Amy Webb, Reggie Fish, and Fred Davis, Virginia Department of Transportation officials, briefed the Board on the Cypress .Creek Connector Project/Route 258 and the three (3) proposed alignment alternatives, as follows: A) Alternative A is the :Route proposed in the 1994 Route 258 Corridor Study and would run east of the existing Rt. 258 alignment, starting at the northern most branch of Champion Swamp and .connecting -with Shady Drive and the. Cypress Creek interchange on Route 10, B) Alternative B is a new route. proposed by VDOT that would also run east of the existing Route 258 alignment, starting just south of Tyne's Corners (Route 620) and connecting with Shady Drive and the .Cypress Creek interchange on Route 10; and C) Alternative C would consist of widening the existing Route 258 alignment. to provide for increased volumes and turning traffic. Supervisor MacManus noted he could not support options A and B which would have the truck traffic proceeding adjacent to the Cypress Creek Development. Quincy Gilliam concurred that the Smithfield Public Works Committee also did not want to see the interchange coming out at Cypress Creek, but would rather. see the existing Route 258 Corridor improved. Steve Adams, representing the development of Cypress Creek, requested that Cypress Creek officials be actively involved. He stated the land has already been acquired by VDOT at the Route 10/Route 258 intersection, which at one time an interchange was planned, and he would suggest pursuing. this rather than the. other alternatives. Dan Smith, Smithfield Vice-Mayor, stated the Town of Smithfield's position is that improvements to the existing Route 258 Corridor would be the wisest means to expend the funds. He stated Corridor "C" is the way the Town would prefer to see it developed. Chairman Bradshaw suggested that VDOT not hold any public informational meeting until VDOT hears from the two localities and that the Board of Supervisors will establish a committee between the Board of Supervisors and the Town of Smithfield to come up with a collective recommendation that both localities may agree on. Mr. Hartley stated at this point there is not a current count on the volume of traffic and the .Board needs-to know what the impact will be on the intersection. Chairman Bradshaw moved the Board appoint a committee of Supervisors Bradby and MacManus, the County Administrator and Director of Planning and Zoning to meet with a committee from the Town of Smithfield to work on the Cypress Creek project pending receipt of the 10 ~~~~ ~ 1~~ .; . ?~3 traffic count studies from VDOT. 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 Claud moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). Chairman Bradshaw called for the continuation of the County Administrator's report. County Administrator Caskey presented. information from the Executive Director of VACo responsive to Senate Bill Joint Resolution No. 244 for consideration by local governing bodies to consider the establishment of voluntary citizen review panels to deal with local issues. Chairman Bradshaw moved the Board endorse Senate Joint Resolution 244 and directed staff' to come back to the Board with recommendations on how to implement the citizen review panels, as suggested in the resolution: SENATE JOINT RESOLUTION NO. 244 WHEREAS, the Joint Subcommittee Studying the Status and Needs of African-American Males in Virginia was .directed to identify factors contributing to the plight of African-american men in the Commonwealth, and to recommend feasible alternatives to address such problems; and, WHEREAS, in conducting the study, the joint subcommittee traveled to locations across the Commonwealth to solicit public participation and comment regarding educational, cultural, health, economic, political, social, and criminal justice issues of citizens; and, WHEREAS, among the plethora of issues considered by the joint subcommittee, a primary concern among citizens, particularly minority and low-income communities, was the tension between citizens and law- enforcement agencies; and, WHEREAS,. these concerns were echoed across the state by persons from diverse backgrounds, and these citizens urged the General Assembly to consider and respond constructively to Virginia's urban areas in which racial and ethnic populations predominate; and, WHEREAS, in many jurisdictions throughout the nation, voluntary citizen review panels have been established to review and mediate problems between citizens and police departments, promote dialogue between elected officials, police departments and the constituency; and, 11 WHEREAS, voluntary. citizen review panels interface with community and civic groups, .represent the .community before .governing bodies concerning proposals and issues affecting: quality of life, assist law- enforcement .agencies in obtaining vital information in the resolution of criminal investigations, facilitate communication between citizens and police, and aid in crime deterrence; and, WHEREAS, the creation of such panels in localities throughout Virginia would help. to .relieve the consternation of citizens and growing ' attitudes of resentment toward police by affording public participation in resolving community problems; now, therefore, be ~it RESOLVED by the Senate, the House of Delegates concurring, That local .governing bodies be encouraged to establish voluntary citizen review panels to present the views of citizens before the. governing body, further communication between citizens and police departments, and. represent citizens in seeking resolution to problems with police departments; and, be it RESOLVED FURTHER, That the Clerk of the Senate shall transmit copies of this resolution to the Executive Director of the Virginia Municipal League, the Director of .the Virginia Association of Counties and the President of the Virginia Association of Chiefs of .Police, requesting .that they further disseminate copies of this resolution to their respective. constituents. so that they may be apprised of the sense of the: Virginia General Assembly in this 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. County Administrator Caskey presented information gathered from several adjoining jurisdictions. relative to their own procedures for processing citizen comments. ' Supervisor MacManus moved the Board direct staff to come back to the Board at its June l , 2000 meeting with a proposal based on five (5) minute presentations and New Kent County's concept, to include some type of light timing device. 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 stated pursuant to Board direction at its last meeting is information concerning Disclosures of Economic Interest for the Board's information. Supervisor Clark moved the .Board direct staff to review those boards and committees -with the greatest potential for conflicts of interest and report back to :the Board with a proposal with regard to making additional financial 1 12 a,~r~ ~ ~ . , X115 disclosures, to include 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. Donald T. Robertson, Assistant to the County Administrator, Director of Human Resources, noted the State has adopted an additional holiday schedule for State employees in which the State took Lee Jackson King Day and broke it out into two (2) separate holidays, Lee-Jackson Day and King Day. Mr. Robertson stated staff has provided three (3) potential options for the Board's consideration, as follows: 1) leave the policy as it currently exists, 2) include the new .State holiday within the. County's policies with the provision that any other days designated by the Governor that staff come back to the Board on a case-by-case basis and, 3) adopt the State holiday schedule with. the provision that if the Governor designates additional holidays that. staff include these holidays in the County's policy. Supervisor Claud moved the Board amend the County's .Policies and Procedures Manual to reflect the "new" holiday and to include a provision for the County to observe all other holidays as designated by the Governor. 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 Claud further moved to direct statJ' to draft a resolution to amend the Policies and Procedures IVlanual and to review the holiday leave policy with the needs of the citizens in mind. 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. Richard O. Childress, Director. of Emergency Management,. reported that the Windsor Volunteer Rescue Squad is now staffed during daytime hours Monday through Friday. He also .advised he has contacted various design architectural firms for the design phase process for the expansion to the Carrsville Volunteer Fire Department. He noted the .Dispatch Committee had met on Tuesday and the Smithfield contingent requested an additional thirty (30) days in order to incorporate Chief Marshall's report into the Committee's recommendation. County Administrator Caskey stated the Board received, at its April 6, 2000 meeting a presentation from representatives from Impact Virginia on a Summer Youth Program to rehabilitate and repair dilapidated structures. He stated staff has met with these representatives and six (6) potential projects were requested to be identified. He stated the County's obligation is for materials only which is approximately $1,500 per residence. Supervisor Clark moved the Board authorize staff to proceed with up to six (6) projects in the Jamestown/Camptown Housing Rehabilitation Project area or at other acceptable sites, as may be identified by staff 13 // Chairman Bradshaw called for Old Business. A. Proposed FY2000/O1 School Board Operating Budget Supervisor Claud moved the Board adopt the FY2000-2001 School Board Operating Budget. in the amount of $38,385,533. 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 reported to the Board on the meeting with Charter Communications (a.k.a. Falcon Cablevision) held prior to the Board meeting today. He stated he is encouraged by their commitment to increase customer service and he recommended the Board take no action until further notice. Chairman Bradshaw submitted for the record correspondence received from Charter Communications. Chairman Bradshaw voiced a concern with the lack of performance standards that Charter-must meet and maintain. County Attorney Crook stated during the meeting today he .had pointed out that Charter is a new entity and they must have a new franchise agreement. He noted in the past the County has negotiated to serve more people in the County. He stated he requested that the County be provided with .the City of Suffolk's cablevision rates because the agreement states that the rates cannot be increased more than the city from which the cable service is being extended. Supervisor MacManus reported that the Smithfield Town Council -took action on a lodging tax resolution and included a five (5) year time period in relation to the proposed hotel feasibility study. // Chairman Bradshaw called for New Business. Regarding amendments to the Sewer Ordinance relative to sewer discounts, Supervisor MacManus noted a concern with Section 14.20 under charges,. he would recommend that the discount being provided to the developers be reconsidered on Sections "C" of Section 14-20 and under Section 14-59 he would recommend that "if you extend a system the County will participate" be changed to "if you extend a system the County may participate." 14 Supervisor MacManus moved the Board direct .the County Attorney and staff to review the developer sewer discounts in the ordinance and come back with recommended changes. 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. ~i Chairman Bradshaw called for Appointments. Supervisor Claud moved the Board reappoint James M: Beale, representing the Windsor District on the Board of Zoning Appeals. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Supervisor MacManus, replacing Malcolm T. Cofer, effective August 1, 2000, on the Southeastern Virginia Public Service Authority. .The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board reappoint Supervisor Bradby to the Senior Services of Southeastern Virginia. The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board appoint Merv Rhodes, replacing Sandra Councill, on the Walter Cecil Rawls Library Board. The motion was adoptedunanimously (5-0). // Chairman Bradshaw called for the County Attorney's report. County Attorney Crook requested the Board authorize the purchase of forty (40) County Code binders at $39 each from Book Publishing Company with the funds coming from the Contingency Fund account. Supervisor Claud moved the Board. authorize the replacement of the. County binders as requested by the County Attorney with the funds coming from the Contingency Fund account.. 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 advised the options on the various properties discussed by the Board have been prepared and delivered to the Director of Economic Development who will follow up negotiations. 15 g~~a. 1:1 -~ ;~~~tJS County Attorney Crook advised the International Paper bond issues were completed this morning. He noted IP's Bond Counsel thanks the County forits cooperation. .Pursuant to an earlier request of Supervisor MacManus, County Attorney Crook briefed the Board on the history of delinquent tax collection efforts. He stated the County previously had a poor record on the collection of delinquent taxes and in 1991 the Board went to the current attorney collection. of delinquent real estate taxes. He stated the Board authorized him to negotiate with Bill Riddick and Jim Windsor an hourly rate of $110 for the attorney and $45 for the attorney's paralegal. He stated Bill Riddick stopped collections after a few years and Mr. Windsor continues to collect delinquent taxes at the same rates as he did nine. (9) years ago. He stated the current contract expires June of 2001 and the collection fees average 13% to 16% of-the amount collected.. County Attorney Crook offered to meet with .Attorney Windsor and the Director of Budget and. Finance to see if there would be any financial gain for the work to be accomplished by staff. // County Attorney Crook requested a closed .session under Section 2.1- 344 A7 of the Freedom of Information Act .concerning two (2) potential litigation matters requiring advice of counsel. Supervisor Claud requested a closed session under Section 2.1-344 A7 of the Freedom of Information Act concerning a contractual matter requiring advice of counsel and under Section 2.1-344 A 1 concerning a personnel matter. Mr. Small requested a closed session under Section 2.1-344 AS of the Freedom of :Information Act concerning two (2) .economic development prospects siting requiring advice of counsel. Supervisor Clark left the meeting .and did not return. Supervisor Bradby moved the. Board enter closed session for the reasons stated. The motion was adopted with Supervisors MacManus, Bradby,., Bradshaw and Claud voting in favor of the motion (4-0). Supervisor Clark was not present for the vote. 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 affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, 16 WHEREAS, 2.1-344. l A 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 }:nowledge, (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 and Claud) NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion (4-0). Supervisor MacManus moved the Board direct staff to develop a written policy for emergency services for the seven (7) emergency services agencies so that, in the future, for all .capital improvement projects, if County funding is desired or anticipated, that the emergency services agencies will have an agreement. signed before moving forward or taking action with regard to :any capital improvement project. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor (4-0). Supervisor Clark was not present for the vote. // County Administrator Caskey distributed information regarding the upcoming Smart Growth Summit requesting the County's support. Supervisor Bradby moved .the. Board adjourn. The motion was adopted unanimously (4-0). /P~p A. Bradshaw, Chairman W. Dou as skey, Cler 17