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06-01-2000 Regular Meeting.•. 1 j. - airman Henry H. Bradby, Vice-Chairman .Robert C. Claud, Sr. Stan D, Clark ..Richard K. MacManus REGULAR MEETING OF THE ISLE. OF WIGHT. COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF JUNE. IN THE YEAR TWO THOUSAND PRESENT: Phillip A Bradshaw Ch ' 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. The .invocation was delivered by Supervisor Claud. 1 The Pledge of Allegiance was conducted. // Chairman Bradshaw called for Special Presentations County Administrator Caskey noted that Cliff Burnette, Senior. Aviation Planner from the Department of Aviation .has requested that the presentation on the Eastern Virginia Airport System Study (EVASS) be deferred- until the Board's August 3, 2000 meeting. 1 // Chairman Bradshaw called for a public hearing on the following: A. An Ordinance to Impose Tax Levies Fora Isle of Wight County, ..Virginia For Fiscal Year July I, 2000 Through June 30, 2001. County Attorney Crook noted that. the -tax rates remain the same except for a reduction in the Farm Machinery Tax. He further noted this Ordinance requires adoption by the Board prior to July 1, .2000. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board... 1 ,. k 4 BOCK 19 rp~~2->~ Supervisor Claud moved the Board. table action on the Ordinance until the June 15,.2000 meeting and that "telephone companies" be inserted in the second line of Item #7. 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. B. Flood Reclamation CDBG Planning Grant Project. .Beverly Walkup, Senior Planner, briefed the Board on the Flood Reclamation Community Development Block Grant (CDBG) Planning Grant project. She noted there is no action required ~by the Board. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the Flood Reclamation Planning Grant project. Upon no one appearing, Chairman Bradshaw closed the public hearing. // Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through D, and asked if there were any. items for removal:. A. Resolution to Submit the Application for Litter Prevention. and Recycling Grant Program Funds and to Accept and Appropriate Grant Program Funds From. the Commonwealth of Virginia, Department of Environmental Quality B. Resolution to Amend the Holiday Schedule of the County's Personnel Policies and Procedures Manual C. Apri125, 2000 Budget Work Session Minutes D. May 4, 2000 Regular Meeting Minutes Supervisor .Claud 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 (5-0) and no Supervisors voting against the motion. /! Chairman Bradshaw called for Regional Reports. Regarding the Hampton Roads Partnership, Chairman Bradshaw offered nothing to report. 2 .: ~ocK . 19 ~~~:~-?33 Regarding. the Hampton Roads Economic Development Alliance, Chairman Bradshaw noted a meeting would take place later in the month. 1 Regarding the Mayors and Chairs Caucus, Chairman Bradshaw noted the meeting for the last two (2) months had been cancelled. Regarding the Southside Mayors and Chairs, Chairman Bradshaw noted Mr. Robertson had been attending the meetings. Regarding the Hampton Roads Planning. District Commission, Supervisor Claud noted the County Administrator had circulated materials distributed at the Commission's May meeting concerning employment versus population figures. He noted .employment is growing faster than population in the County. Regarding the Southeastern Public Service Authority, County Administrator Casket' noted the SPSA .Board had. approved SPSA's budget and stated action had also been taken by SPSA to increase the solid waste- tipping fee to $53.50 per ton, which is the first increase in a five (S) year period. He further noted that the recycling .fee will increase from $.50 to $1.00 per household.. Regarding the Western Tidewater Regional Jail Authority, Supervisor Claud noted he had nothing to report. Regarding the Western Tidewater Water Authority, Supervisor Claud noted a meeting is scheduled for June 2, 2000. at 12:00 p.m. Regarding the Coalition of High Growth, Supervisor Claud noted there was a meeting held recently in Chesapeake with national speakers present to discuss smart growth policies. He noted. there. was consensus that conceptual ideas of smart growth policies should be formulated for presentation to the 2001 General.Assembly session. // Chairman Bradshaw called for Transportation Matters 1 Jonathan W. Hartley, Director of Planning and Zoning, referenced the projects. contained in the agenda which were discussed at the quarterly meeting on April 10, 2000 between Isle of Wight County staff' and the VDOT District and Residency staff Mr. Hartley referenced a letter contained in the agenda dated May 19, 2000 from the VDOT Resident Engineer concerningthe issue of centerline striping on Raynor Road (Route 681). He noted he had requested that the .Resident Engineer take a recount of the traffic on this roadway.. 3 BQrK 19 :.~,)4 Supervisor Bradby .reminded Mr. Hartley of the needed repairs on .Poplar Drive. Supervisor. Claud requested Mr. Hartley contact VDOT to arrange a meeting with those .citizens who have not. granted the needed right-of--way for Muddy Cross Road. Mr. Hartley advised Supervisor Claud that there would be a resolution for Board consideration at its June 15, 2000 meeting concerning the inclusion of South Johnson Avenue into the State system under. the Rural Addition Program.. • Mr. Hartley advised Supervisor Claud .that VDOT provided no immediate reaction at its recent meeting concerning the right-of--way needs on Blue Ridge Trail. Mr. Hartley requested the Chairman meet with him regarding Pruden • Road. Supervisor Bradby noted a -need for a traffic light on Route 32/258 (Brewer's Neck Boulevard} at its intersection with New Towne Haven Lane. Mr. Hartley noted that the need for a traffic light is in the process of being re-evaluated by VDOT based on correspondence received from the County and School Board. Mr. Hartley advised Chairman Bradshaw that he had discussed with VDOT the .signs needed on Fire Tower Road. Mr. Hartley advised Chairman Bradshaw that he would meet with R. L. Walker concerning his comments relative to inadequate drainage ditches in the Central Hill community. Mr. Hartley advised Chairman Bradshaw that he would meet with Michael Uzzell concerning his request for school bus stop signs at various locations. Chairman Bradshaw advised Mr. Hartley that the shoulders need to be rebuilt on Joyners Bridge Road from Lawrence Drive to the Blackwater River and he requested Mr. Hartley take the appropriate action with VDOT to have this corrected. Scott Rhodes of Ashby Subdivision spoke to the Board. regarding the dangerous intersection at the Carrollton. Elementary School (Brewer's Neck • Boulevard/New Towne Haven Lane) and the need for a traffic light there. // Chairman: Bradshaw called for Citizens Comments. 4 a r~ 1 eo~K. 19 r~~-?35 Wayne Spears of Ashby Subdivision .spoke in opposition to the proposed rezoning of the .James River Kennel properly. {Carrollton Cove proposal). He specifically requested that information illustrating the financial benefits to be derived from the rezoning be presented to the Board. Scott Rhodes of Ashby Subdivision spoke in opposition to the proposed rezoning of the James River Kennel property (Carrollton Cove .proposal). He stated the James River Kennel property was zoned far single family units and, had he known, he would never have invested in a neighborhood that. borders. apartments or retail ,stores. He noted, 'if approved, the proposal would be detrimental to the community and would also create a dangerous intersection on Route 17. .Gerry Ann Gardner inquired if staff has had an opportunity to incorporate the six (6) items .into. the County's Comprehensive Plan as suggested by the Chesapeake Bay Local Assistance Department staff .Chairman Bradshaw stated he would have Mr. Hartley contact her regarding the Plan which has not yet been finalized. Mike Alexander requested that when the Comprehensive Plan is presented to the Board for consideration that it also be made available to the public and that the public be provided an opportunity to comment on it prior to adoption by the Board. He also inquired when the Board would act on the O'Meara Drive issue.- Mr. Alexander noted his support of the citizens expressing opposition tonight. to the rezoning application for the James River Kennel property (Carrollton Cove proposal). // Chairman Bradshaw called forthe Community Development report. Mr. Hartley presented an amendment to the engineering contract for the Jamestown/Camptown Comprehensive Community Development project for the Board's consideration, subject to the review and approval by the County Attorney. Chairman Bradshaw moved the Board approve the amendment to the. agreement for engineering. services, authorize the Chairman to sign the amendment and instruct the Director of Budget and Finance to make the. necessary transfers to accomplish this modification subject to the approval of the County Attorney as to form. 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. Hartley presented the Jamestown/Camptown CDBG Comprehensive Community Development project infrastructure.. 5 s BaoK 19 r~c~?36 improvements and recommended the Board approve the lowest bid received from Art-Ray Corporation and authorize the County Administrator and the Chairman to sign the contract contingent.. upon the County Attorney's approval as to form. Chairman Bradshaw moved the Board approve the lowest bid from Art-Ray Corporation and. authorize the County Administrator and the Chairman of the .Board to sign the contract contingent upon the County Attorney's approval as to form. The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion. (5-Oj and. no Supervisors .voting against the motion. Mr. Hartley presented for the Board's. consideration an amendment to the orthophotography contract .postponing the one (1) foot flight which was deferred due to leafing of the trees. Supervisor Clark moved the Board approve the contract amendment and authorize the Chairman to sign the amendment subject to the approval 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. Mr. Hartley presented information on the map/plat of the Macklesfield Subdivision for the Board's perusal Supervisor MacManus requested Mr. Hartley provide the Board with a revised timeframe in which he anticipates the Comprehensive Plan to be implemented. Mr. Hartley notified the ,Board that. changes to the State .Housing and Building Code Commission. had not transpired and were deferred until next year. He further noted a joint resolution of the General Assembly is asking the Virginia Housing Commission to review this issue.. // Chairman Bradshaw called for the Public. Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, briefed the Board on the Queen Anne's Court sewer pumping station. He advised the project has been completed and service is now being provided to customers. Mr. Rountree provided the Board with an update on the Windsor sewer project. He stated the first section has been completed (lines 3 and 4) which covers approximately half of the Town of Windsor and service is now underway. He .further stated the County is approximately one (1) month away from adding. the next section (line 1) and it .would be an additional month before the remaining section (line 2) is installed. 6 .: 1 1 1 eo~x 19 ~~~:~?,3? Supervisor Claud "noted that the County Administrator, the Director of Public Utilities and himself recently met. with the Windsor Mayor and Town Manager to discuss paving of the streets. Mr. Rountree noted a requirement of the Department of Environmental .Quality is that the County dedicate a site which is located at the intersection of Carver Road and Lees Mill Road for water related purposes only. He requested the Board approve a Well Dedication plat for this purpose. Chairman Bradshaw. moved the Board. approve the Well Dedication plat. 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. Rountree advised that the water line on Colosse Road has been installed. // Chairman Bradshaw called for the Economic Development report. There was no report offered for discussion by the Board.. // Chairman Bradshaw called for the Parks and Recreation report. There was no report offered for discussion by the Board. // ,~ Chairman Bradshaw called for the County Administrator's report. Dr. Alexander Decker presented a request from the School Board for advance appropriation. of County funds for air conditioning at the Smithfield High School gymnasium. Supervisor MacManus moved the Board .adopt. the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED TWENTY TWO THOUSAND THREE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF-THE GENERAL FUND FOR SMITI~IELD HIGH SCHOOL GYMNASIUM AIR CONDITIONING PROJECT 7 aoo~ 19 ,~,r:.?38 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved funding for the Smithfield High School Gymnasium Air Conditioning Project; and, WHEREAS, the funds in the amount of one hundred twenty two thousand three hundred. dollars ($122,300) need to be appropriated to the appropriate line. item in the 2000-01 School Capital 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 one hundred twenty two thousand three hundred dollars ($122,300) for the Smithfield High School Gymnasium Air Conditioning Project be appropriated to the appropriate line item in the 2000-01 School Capital 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. 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 Board's consideration of a proposed change order for the Boykin's Tavern renovation project. Supervisor Claud moved the Board approve the. change order as recommended by VIRTEXCO Corporation and. the. Architect pending approval by VDOT .and -that the funds be taken from. the contingency account. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion (5-0) and no F Supervisors voting against the motion. Chairman Bradshaw called for the. Board's consideration of the lunch delivery bid for the USDA Summer Program administered by the Department of Parks and Recreation. Supervisor Clark moved the Board authorize staff to open the single bid received. 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, advised the Board that there is now a paid person on staff at nights at the Windsor Rescue Squad. He also advised that Windsor .Woodworking has assured him that it would accept delivery of the Mass Casualty Trailer and would 8 f'. i~ begin work on Monday, although a completion date can not be guaranteed at this time. Regarding the report of the Central Dispatch Committee, County Administrator Caskey noted Chief Marshall has requested an additional thirty (30) days for him to submit his information to the Committee. for review prior to recommendation to the Board. Supervisor Claud requested Mr. Childress contact the Windsor Rescue Squad and the Sheriff's .Department .concerning a recent problem with the radios. ' Supervisor MacManus requested Mr. Childress provide the. -Board with a report on the state of the County's shelters. a Mr. Childress advised that a report is now being finalized. referencing the Hurricane Floyd-disaster for presentation to the Board at its first meeting in July. r~ Mr. Childress presented a Resolution to Authorize the Department of Emergency Management to Apply for an Advanced Life Support License with the State of Virginia Office of Emergency Medical Services for the Board's consideration. Supervisor Clark moved the Board adopt the .following resolution: RESOLUTION TO AUTHORIZE THE DEPARTMENT OF EMERGENCY MANAGEMENT TO APPLY FOR ADVANCED LIFE SUPPORT LICENSE WITH THE STATE OF VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES 1 WHEREAS, the volunteer rescue squads serving Isle of Wight County have asked the County for. assistance in providing staffing for their emergency response needs; and, WHEREAS, the Isle of Wight County Fire and Rescue Association, in cooperation with the County, has devised. a plan to place. personnel in fire and rescue stations in the County; and, WHEREAS, these County employees assist the volunteer agencies in providing emergency medical care to the citizens of Isle of Wight. County and fall under the direction of the Department of Emergency Management. NOW, THEREFORE, BE IT RESOLVED that the .Board of Supervisors of the County of Isle of Wight, :Virginia authorizes the application of the Isle of Wight County Department of Emergency Management to the .Virginia Office of Emergency Medical Services to provide Advance Life Support to citizens within Isle of Wight County.. 9 • eoeK .19 ~~~~?40 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. Childress .briefed the Board on the Carrsville Volunteer Fire Department's apparatus bay extension project. He recommended the Board approve the .low bid of Design Architectural .Service, Incorporated and Design Management Services, Incorporated, subject to the County Attorney's approval as to form. Chairman Bradshaw moved the Board. approve the low bid of Design Architectural Service, Incorporated and Design Management Services, Incorporated (DAS/DMS) in the amount of $20,230, subject to the County Attorney's approval as to form.. 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 guidelines for citzen- commentary for the Board's consideration. Supervisor Claud moved that the individual Board- members forward their comments to the County- Attorney and staff for the Board's review. so that same may be incorporated into a proposal to be drafted 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. . :County Administrator .Casket' noted included in the agenda is information pertaining to a timing device for Board meetings. Board members generally noted they did not feel the need to utilize any such form of timing device. County Administrator Casket' presented the issue of Disclosures of Economic Interests and Senate Bill 655. Supervisor Claud suggested that the Board not take any action at this time until .they. find out what happens -on this Bill in the next General Assembly session. Supervisor Clark. stated he would like for Planning Commission members to be required to fill out such Statements of Economic Interest. Supervisor MacManus stated he also concurred that Planning Commission and Board of Zoning Appeals members should be required to fill out these Statements of Economic Interests .because they are making decisions that the Board of Supervisors relies upon. He stated he believes there is merit in these members setting forth their economic interests. 10 f; ~o~« ~.9 >~~~~2~~. Supervisor Claud pointed out that all such individuals have a moral obligation to state any conflicts of interest they may have. Chairman Bradshaw stated. the Industrial Development Authority members should be required to fill out Statements of Economic Interest because they are purchasing bonds. and acquiring land. He suggested that a policy bedrafted stating the Board's policy for its consideration and further discussion. Supervisor Claud pointed that that .individuals serving on boards are performing a service for the County and, if .they are required to fill out Statements of Economic. Interests, the Board may find that there are fewer people willing to serve as the forms are cumbersome to fill out. Supervisor Clark moved that the County Attorney draft an ordinance developing a policy with regards to the filing of Statements of Economic Interests and bring same back to the Board for its 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. Supervisor. Claud moved that prior to the Board approving a policy on the Statements of Economic Interest that the Board refer the matter, with the appropriate- forms,. to the Planning Commission, the Board of Zoning Appeals and the Industrial Development Authority and request their comments. 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 for the Board's. consideration a request received from Mecklenburg County regarding their desire for legislation for local sales tax increases. Chairman Bradshaw suggested the Board take no action on the matter at this time. Chairman Bradshaw referenced the VACo 2001. Legislative Program contained in the agenda for the Board's discussion. Supervisor Claud moved. the Board provide input to staff and that staff .prepare an appropriate agenda for a meeting with the Commonwealth Transportation Board representatives for the Hampton Roads area. 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. 11 - 3 i ~! t ~ .. eae~ 19 .~.?'j1y~~~ ~M~, ~ i~~ Supervisor Claud suggested leaving the E911 fees as they are without the $3.00 cap adopted in the last General Assembly session. Supervisor. MacManus moved the Board.request the School Board, the Social Services Board, the Community Policy and Management. Team (CSA), the Town of Smithfield and the Town of Windsor include their legislative issues and forward them to the County with the intent to .provide two (2) or three (3) specific 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. // Chairman Bradshaw moved the Board enter closed session under Section 2.1-344 A7 of the Freedom of Information Act concerning advice of counsel on contractual- negotiations. 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.. Upon returning to open. session, County Attorney Crook requested the Board amend its earlier motion to enter closed session to explain that it was. for advice of counsel and discussion of expansion or siting of industry or business where there has been no previous announcement. Supervisor.Claud moved the Board amend its. earlier motion to enter closed session to clarify that it was for advice of counsel and discussion of expansion or siting of industry or businesswhere there has been no previous announcement. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark 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, .WHEREAS, 2.1-344.1 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 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 12 T: r eo~t ~~.~~~?43 in the motion .convening the closed meeting were .heard, discussed or considered by the Board of Supervisors. 1 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. // Chairman Bradshaw called for the continuation of the County Administrator's report.. 1~ 1 Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THREE HUNDRED FIFTY FIVE THOUSAND DOLLARS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR ECONOMIC .DEVELOPMENT INCENTIVES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved a contribution to the .Industrial Development Authority to be used to enhance economic development within the County of Isle of Wight, Virginia; and, WI~REAS, the funds in the amount of three hundred fifty five thousand dollars ($355,000) need to be appropriated to the appropriate line item in the 1999-00 Industrial Development Fund 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 three hundred fifty' five thousand. dollars ($355,000) designated for the enhancement of economic development within the County of Isle of.Wight, Virginia be appropriated to the 1999-00 Industrial Development Fund. Operating 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 13 r BQQK ~~ ,~Q'i~f.1~~ accounting adjustments in the budget and 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. County Administrator Casket' presented correspondence from the-Real Smithfield Jaycees relative to their lease agreement with the County. He noted the Real Smithfield Jaycees are advising the County that the Town of Smithfield is making some requirements relative to the renewal of their conditional use permit with the Town which involves County property not included in the lease. County Attorney Crook requested an opportunity to speak with the Smithfield Town Attorney regarding the matter. Supervisor Claud moved that the Board direct .the. County Attorney meet with the Smithfield Town Attorney to discuss the issue presented by the Jaycees. 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' noted he had made contact with the Community Design Assistance Center at Virginia Tech to determine ..their interest in being of assistance with the. development of a master design plan for the old Smithfield High School property and the expansion of its users. County Administrator Casket' requested that Board members interested in attending the. National Association of Counties Conference contact his office. County Administrator. Casket' requested that Board members ' interested in attending the Local Government Officials Conference contact his. office. // Chairman Bradshaw called for Old Business. Regarding the Carson Whitley sewer connection, Chairman Bradshaw commented that the Board originally. adopted an agreement in December of 1996 stipulating: that the sewer .connection fee for residential and -commercial connections with property owners for existing structures located within the Town of Windsor shall be $500 during the first twelve (12) months. He noted that. this policy should be applicable for anyone located. throughout the County where it has extensions for,these lines. 14 f: 1 1 ' s Noting that if the Board approves this request it would be setting a precedent for others to follow, Supervisor Claud commented that the Board. needs to find a way to treat existing businesses, as was done for existing residences. Supervisor MacManus suggested the Board establish a policy which can consistently be supported with a discount for existing businesses and residences. He stated he has a concern with going with the .recommendation of an Industrial Development Authority .grant because the Board sets a precedent for everyone to come looking for a grant and he does not believe. this is the best policy to ensure fairness in the future for consistent treatment. by this Board. He stated if proper. notification is not given, he would support ninety (90) days be given for any of those businesses that may have E been affected to give them the opportunity to come in at a discounted rate of 1/3 price, for both residential and commercial. Supervisor Clark noted he would. support making a policy across the board-for existing. residences and businesses tying into the system. Chairman Bradshaw moved the. Board direct the County Attorney and the Director of Public Utilities to develop an .amendment to the Sewer. .Ordinance to provide connection fees for existing commercial and/or. industrial hook-ups similar to residential customers. 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 John Springfield to replace Ann Austin on .the Walter Cecil Rawls Library Board.. The motion was .adopted unanimously (5-0). x Chairman Bradshaw moved the Board reappoint Supervisor Claud to the Hampton Roads Planning District Commission as its representative to the Executive Committee. The. motion was adopted unanimously. (5-0). Supervisor Claud ..moved .the Board reappoint Betty Alphin to the - Industrial Development Authority. The motion .was adopted unanimously (s-o). 15 BOQK 19.~~~4fi Supervisor Claud moved the Board appoint Richard J. Holland, Jr. to fill the unexpired term of Richard J. Holland, Sr. on the Industrial Development Authority. The motion was adopted unanimously (5-0). Chairman Bradshaw moved .the Board reappoint .Della Stokes to the Youth Services Advisory Board.. The motion was adopted unanimously (5- 0). // Chairman Bradshaw called for the County Attorney's report. County Attorney Crook stated pursuant. to the direction of the Board and for its consideration he has. prepared a revised resolution for waiver of the new account sewer fees for the Windsor Manor Mobile Home Park. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO WAIVER OF NEW ACCOUNT SEWER FEES FOR WINDSOR MANOR MOBILE HOME PARK WHEREAS, the County of Isle of Wight is .providing new sewer service to Windsor Manor Mobile Home Park located in the Town of Windsor, County of .Isle of Wight, State of Virginia, pursuant to Sewer Collection System Agreement of December 17, 1996, between the Town of Windsor and the County of Isle of Wight; and, WHEREAS, W. B. Copeland, owner and operator of Windsor Manor Mobile Home Park proposes. to obtain all applications and deposits for all units within Windsor Manor. Mobile Home to connect same to the new sewer service of the County of Isle of Wight; and, WHEREAS, the said W. B. Copeland has requested a waiver of the new account fee of $20.00 per. unit in consideration of all units providing deposits and applications and connecting to the sewer system; and, WHEREAS, the Board of Supervisors.. of Isle of Wight County, Virginia, deems it to be in the best interests of the County to have all units of Windsor Manor .Mobile Home Park connect to the new sewer system being provided to said park as soon as possible to offset costs therefor to the County. NOW, THEREFORE,. BE IT AND IT IS HEREBY. RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Board of Supervisors of Isle of Wight County, Virginia will waive the $20.00 per unit new account fee for each unit in Windsor Manor Mobile Home Park provided the owner and operator thereof provides all applications for all 16 +: r. ~o~K. 19 .,.~?-~7 units together with the deposits required for all units to the County of Isle of Wight by July 1, 2000, and thereafter connection fees for said units will be paid in accordance with the Agreement of the Town of Windsor and the County of Isle of Wight. of December 17, 1996, and provided further the sewer rentals under Article II of the County Sewer Ordinance will begin July 1, 2000. 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 Board, at its previous meeting, heard a presentation from Greg Blazey concerning his inability to get his house plans approved. He stated. pursuant to the Board's direction, he met with the Superintendent of Inspections and. requested that he write a letter to him explaining the events as they pertain to the involvement of -the Inspections Department. He stated he reviewed the plans with Mr. Berkley which were not certified by an architect or .engineer as required by the Building Code and further that no application was ever. filed in the Inspections Department by Mr. Blazey. County Attorney Crook distributed copies of correspondence from him to the Board of Supervisors dated June 1, 2000 in addition to the letter addressed to the County Attorney from the Superintendent of Inspections dated May 30, 2000. Chairman Bradshaw moved the Board accept into the record the letter from the County Attorney to the Board of Supervisors dated June 1, 2000, as well as the letter to the County Attorney from the Superintendent of Inspections dated May 30, 2000. 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 notified the Board that the Town of Smithfield had adopted a Transient Occupancy Tax in the amount of 5%. He stated the resolution adopted by the Town stipulates that the. Town will forward to the County 2% over the next five 5 O years. He stated the County, by .statute, is limited to 2% on the Transient Occupancy Tax, but the -Town is instituting a higher tax and returning 2% to the County. He stated regarding a cigarette tax, the statute provides that. no provision in Chapter l0 of Title 58.1 shall be construed to .deprive counties, cities and towns of the right to levy taxes upon the sale and use of cigarettes. provided. such county, city or town has such power prior to January 1, 1977. He explained the history stating that in 1975 the County desired to adopt a cigarette tax and he argued the matter with the Attorney General's Office, which advised him that the County did not have the authority in 1975 to adopt such a cigarette tax. Supervisor MacManus suggested including a tobacco tax in this year's legislative package and that it refer specifically as a request applicable to the County. 17 ao~K 19:x.-?48 County Attorney.. Crook reported on the matter of speculative interests on Gayle Way and Yellow Rock Lane. He stated Statute 33.1-?2.1 of the Code provides that when a governing body recommends in writing to the Department of Transportation that any street in a county be taken into and become a part of .the Secondary system that the. Virginia Department of Transportation thereupon will include the streets into the Secondary system for .maintenance improvements, construction and reconstruction provided a forty (40) foot width of right-of--way and easements for drainage are available.. Further, the statute states that such streets shall only be taken into the Secondary system if the .government agrees to contribute from county recommended or special assessment of landowners on the street in question of the cost. The statute continues that such ,streets .are eligible under this .provision only if the original developer did not retain a speculative interest. in the property abutting such streets and that ownership or partnership in two (2) or more parcels with frontage of any such street shall .constitute speculative interest. Regarding Gayle Way, a farmer owns property along one side and another individual owns. property on the other side .and neither are developers with speculative interests. Regarding Yellow Rock Lane, Mr. Hill owns more than one (1) lot, but he is not a developer and thus the ~ speculative interest prohibition does apply. County Attorney Crook stated, in his opinion, there is no developer with speculative interests on .Gayle Way to prevent it from coming in under the statute. He .noted he would discuss the Yellow Rock Lane matter further with VDOT officials if necessary- regarding the construction of the statute. // County Administrator Caskey requested a closed session under Section 2.1-344 A 1 of the Freedom of Information Act concerning a personnel matter and under Section 2.1-344 A7 concerning contractual negotiations for the acquisition of property requiring adviceof counsel. Patrick J. Small requested. a closed session under Section 2.1 344 AS of the Freedom of Information Act concerning four (4), matters involving negotiations with prospective businesses. Supervisor Claud requested a closed session under Section 2.1-344 Al of the Freedom of Information Act concerning several personnel matters. County Attorney Crook requested. a closed session under Section 2.1- 344 A 1 of the Freedom of Information Act concerning a personnel matter and. under Section Z.1-344 A7 concerning advice of counsel on legal matters requiring advice of counsel. Chairman Bradshaw requested a closed session under Section. 2.1-344 Al of the Freedom of Information Act concerning a personnel matter.: . '4 tyJ t t ~ 18 ., , it 1 6oeK 19.~~:~?~9 Supervisor. MacManus 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) and no Supervisors voting against the motion. Supervisor Clark was absent for the vote. t ~ 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, 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 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: 5 r~ ~'~ 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 MacManus moved the Board apply for the Governor's Opportunity Funding for both businesses mentioned during 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. /I 19 ~~ 80nK 19 ~a;~~ i~ Chairman Bradshaw called for the budget'work session to begin. Anne F. Seward, Director of Budget and Finance, provided the Board with a recommendation from Dr. Alexander Decker, Interim School Superintendent, regarding the request for funding in the amount of $10,000 for the "Stay Up While You Are Out Program." She stated the School Board endorses the program which, if approved, would be an amendment to the County's Operating Budget. She noted that the County's budget is currently being balanced with a $250,000 appropriation from the Unappropriated Fund Balance, a method which. she never recommends.. Supervisor Claud recommended that .the Director of Budget and Finance not fund the request at this time and requested that she poll other localities utilizing this .program. Ms. Seward presented a $2,500 request from the Events .Committee which, if approved, she recommends be funded through the Board's operating account. Supervisor MacManus recommended that the request from the Events Committee for $2,500 be funded internally, as recommended by the Director of Budget and Finance. Ms. Seward presented a request from the Commissioner of Revenue for part-time employees funding. Supervisor Claud recommended that the County fund the request for part-time employees in the amount of $2,800 for the Commissioner of Revenue's office. Ms. Seward presented the recommended budget figures of the Director of Emergency Management for the various fire and rescue organizations which would require an adjustment increase in the amount of $12,070. Supervisor Claud recommended that. funding for the Windsor Volunteer Fire .Department be reduced. to match the amount provided to Smithfield ($46,370). Supervisor Bradby recommended increasing funding for the Rushmere Volunteer Fire Department to $37,500. Ms. Seward advised the Board that there would be an increased revenue of $120,000 from the Department of Public Utilities for a sewer connection fee adjustment upon adoption of the Ordinance by the Board. Ms. Seward presented a request from the Department of Public Utilities for a Construction Administrator position and new vehicle in the 20 T: amount of ,$80,550.. She noted the part-time position is .currently being funded from he bond funds and she will continue to use such funds as lon as available, however., she advised that -when the .bond projects are exhausted, the position would be funded by the Utility Fund which is currently supplemented by the General Fund.. Chairman Bradshaw recommended the Construction Administrator position within the Department of Public Utilities be funded. He further .recommended that the vehicle be deleted. Ms. Seward presented a request from the Tourism Department for $12,000, not including fringe. benefits,. for a Public Relations position. She noted that the Town of Smithfield has advised that they will not be funding their portion ($6,000) for this position. Supervisor MacManus recommended the Board reduce the amount of funding for the Public Relations position within the Tourism Department by $12,000. Ms. Seward presented. a request from the Fifth District Corrections Program far funding in the amount of $4,065 for a grant match which was .funded by Southampton County for the previous two (2) years. She noted that Southampton County has advised they would like the cost to be rotated to some of the other participating jurisdictions. Supervisor Claud recommended Ms. Seward include in the Budget funding in the amount of $4,065 for the Fifth District .Corrections Program, noting that funding is being done on a rotating basis among the member localities. Regarding the two (2) part-time dispatcher positions, Supervisor Clark recommended Ms. Seward investigate the possibility of funding these through the E-911 fund. Regarding the Parks .and Recreation Skate Park position, Ms. Seward noted it would be appropriate to fund this position ($12,000) when, .and if, the skate park is approved in the Capital Improvements Program from the Contingency fund if it is in the middle of the year. Ms. Seward informed the Board that the County currently charges $20 for decals. for motor vehicles .and. the maximum amount which can be .charged is $23 for a car under 4,000 pounds and $28 for vehicles over 4,000 pounds. .Chairman Bradshaw requested. Ms. Seward investigate how. much additional revenue could be generated if the County increased its decal rate to $23 and report. back to the Board. 21 Bo~K 19 ~~~•?52 Regarding- staffing within the Sheriffs.. Department,. Ms. Seward advised the Board that she did research the five (5) State funded positions in 1998 when the Governor changed the .allocation from one (1) deputy for every 2,000. population to one (1) deputy for every 1,500 population. She provided a copy of the minutes wherein the Sheriff notified the Board of the change in the allotment. of ratios and thereby recommended .the continued local funding of only two (2) positions (DARE officer -and E-911. Supervisor). She noted the State funded the five (5) positions that were previously funded by the County; however,. the Sheriff did receive funding by the. County for two (2) additional positions. Supervisor Clark. requested Ms. Seward discuss the funding for the pagers and cell phones with the Sheriff Ms. Seward informed the Board that the .Compensation Board has approved two (2) additional positions (deputy and court. service) for the ~' Sheriffs Department beginning in July, .2000, in addition to the two (2) additional part-time dispatcher positions. Chairman Bradshaw requested Ms. Seward, in conjunction with Lyle Hornbacker, GIS Coordinator, provide the Board with a chart illustrating the increase in staffing for Constitutional Officers' personnel. Chairman Bradshaw requested the County Administrator schedule a work session with the Sheriff to discuss his personnel needs. Supervisor Clark recommended that two (2) Planner positions within the Department of Planning and Zoning be funded this year by the County. Ms. Seward discussed the timing of the Capital Budget. .She noted that on July 1, 2000 there would be no funding for capital projects which had been funded this year, but not completed.. She noted she would come back to the Board with appropriation resolutions for these projects in order to keep them on schedule until the Capital Budget is adopted. Supervisor Bradby moved the. Board continue. its meeting until 6:00 p.m. on June 13, 2000 for the purpose of meeting with the Sheriff and discussing the Capital Improvements Program. The motion was adopted unanimously (5-0). // h' p A. Bradshaw, Chairman 11 .. ~, 22