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03-11-2002 Regular Meetingr. 1 1 90,:x,. I~.l r:.:'~77 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD" OF SUPERVISORS HELD:' THE ELEVENTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND TWO PRESENT: Robert C. Claud, Sr., Chairman Richard K. MacManus, Vice Chairman Stan D. Clark .Phillip A. Bradshaw Henry H. Bradby Also Attending:. H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald. T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 9:OO a.m. and called for a moment of silence in remembrance of the terrorist -attack which occurred in New York City on September 11, 2001. The invocation was delivered by Supervisor Clark. , k -The Pledge of AIlegiance was conducted. // Chairman Claud called for Special Presentations. Matt Favre, Director of Operations, Charter Communications, briefed the Board on the status of the cable rebuild in the County. He stated the 870 MHZ system will be designed with digital cable capabilities will be a two (2) way :broadband with tiered high speed data provisioning. He stated the system will also be platform capable for future technologies and contain a backup powering system. He stated customers perceive Charter's .customer service .level to be inadequate and the technical performance of the existing non-rebuilt- plant is .perceived to be substandard. He stated the previous management was lacking in experience and understanding and ..the level of confidence of the customer on .the. quality and value of the .service is unacceptable. He stated. existing personnel will be receiving .more in-depth } .customer service training and a performance pay incentive will be initiated. He stated rebuild notifications to customers will also be initiated and a construction cross channel video will be made available to customers. to explain what goes on during the. rebuild process and what the rebuild will offer the customer. County Administrator Caskey noted ..that :the community:. of .Isle of .Wight is one of the areas that will have the potential to receive cable 1 .. . 1 eo~~ 2Cl .~ X78 provided local servicethrough the Charter Anywhere_Service. He inquired ..how this would affect the Courthouse public access channels. Mr. Favre stated because the Windsor .Elementary School and. Courthouse area do not fit the density requirements of the franchise,. Charter is attempting to locate these locations with other areas that contain a higher ..density equation. Supervisor Bradshaw noted that the County's agreement does stipulate... that Charter will provide cable service to all public buildings. Mr. Favre stated there are various ways to accomplish service to these areas and he is in the process of modeling it to make it palatable to Charter's ', economic capitalization investment. N Chairman Claud indicated .the following Consent Agenda included Items 2, A through L, and asked if there were any items for removal: A. Proposal for Virginia 2007 Community Program B. Evergreen. Acres Affordable Homes Project C. Virginia Recreational Trails- Fund Program D. Isle of Wight County Office on Youth E. Finance Committee Recommendations F. Resolution to Appropriate $6,489 From the CDBG Thomas Park Fund Balance for the Burdette Road and Baker/Byrum Cost Overrun Hazard Mitigation Grants G. Resolution to Accept and Appropriate $522 in Donated Funds for the Department of Animal Control H. Action List Tracking L South Hampton Roads Resource Conservation and Development (RC&D) Council J. February 1, 2002 Continued Meeting Minutes K. February 2, 2002 Continued Meeting Minutes L. February 7, 2002 Regular Meeting Minutes 2 i~ 1 1 ,, ~o~K 2~ .:~~7~ .Supervisor MacNianus moved the Board remove Item (B) Evergreen' Acres Affordable Homes Project; remove Item. (D) Isle of Wight County Office on Youth; remove Item (H) Action List Tracking; add a correction to the February 7, 2002 minutes to reflect on Page 15 during discussion about negotiations with the YMCA, to provide some allowance for public school usage (both elementary and high school) and on Page 16, during discussion about the MPO, to .reflect that the Board agreed to try and push for the .expansion on the MPO to include the entire County; and, approve. the remainder of the Consent Agenda. The motion was .adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0} and no Supervisors voting against the motion. 1 '~ Supervisor MacManus requested the status of Evergreen Acres. Mr. Robertson stated the project. was- previously approved by the Board in December with the condition .that both HUD and .the County Attorney review the agreement. He reported a meeting is scheduled tomorrow with HUD and Evergreen Acres to resolve any outstanding. issues. Supervisor MacManus requested the County Administrator address the anticipated on-line date for Action List tracking, noting that he would like copies on a monthly basis only as part of the Board's Consent Agenda. Lyle D. Hornbaker, Information Services Coordinator,. stated. tracking is now available on the network and will be available on the Internet within six (6) .months. He noted a copy of the Action List would be placed under the Consent Agenda for the Board's March 21, 2002 agenda package. Chairman Claud requested Mr. Robertson .clarify if the $26,000 for the .Isle of Wight County Office on Youth included the salary of the Director of the Office on Youth and the programs. Mr. Robertson stated the $26,000 includes what the State previously funded for that office (the cost to the County to replace :State funding.) He stated that it covers both .programs and the Director's position. // Chairman Claud called for Regional Reports. Regarding the Southeastern Public Service Authority, Supervisor MacManus noted that out of area trash is being received which is being used as fuel at the power. plant.. . Regarding the Hampton Roads Planning District Conunission, Chairman Claud stated the annual retreat was held on February 27, 2002 to establish the work program for the coming year: 3 Bo~~ 2~l •;...•f ~~ Regarding the Western Tidewater. Water .Authority, Chairman Claud reported the Authority would meet on Friday, March 1 S, 2002. Regarding the Mayors and Chairs Caucus, County Administrator Caskey reported he attended the monthly. meeting at which regional items of importance were discussed, as well as some of the pending issues at the General Assembly, i.e., an upcoming referendum. in the. Fall on the sales tax for regional transportation priorities. // .. Chairman Claud called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, made reference to a request contained in the agenda received from VDOT .requesting the Board's input on adding a span to the Chuckatuck Creek Bridge located on Route 1 Z Supervisor MacManus stated during. construction he would prefer to see two (2) lanes of traffic, as opposed to a single lane. Mr. Hartley stated the new span. will be built beside the existing structure and will not impact traffic. Supervisor Bradshaw inquired where the project ranks in County transportation improvement needs. He stated if VDOT is restricting funding, how is this project moving forward when there are other projects in the County that have been stopped. Mr. Hartley stated the project is part of the Federal aid system and, therefore, 85% to 90% of the .funding will be Federal funds. He stated the- State's financial condition is not really a factor on whether or not this project is funded. Supervisor Clark moved the Board direct staff to submit a response to VDOT that the County supports the project, but emphasizes the project has not been considered a priority transportation project by the County. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark . and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley made. reference to information contained in the agenda relative to crossovers and. an advanced warning sign system for the .James River Bridge. He stated any improvement to the Bridge would require the project being added to the Virginia Transportation Improvement Plan or VDOT's Six Year Plan for Primary Roads. 1 1 4 BOOK 20 •z:'UO~ 1 ~~ C Supervisor Clark !asked that until funding is available, the project not be added to the Plan.. Mr. Hartley stated currently the Commonwealth Transportation Board is removing projects from the Plan due to its .current funding status. He stated .included in the Board's next .agenda wi11 be a resolution for the Preallocation Hearing and. the Board could, if it desires, add this project to the resolution at that time. He confirmed that the project will not be in the Plan until .the Commonwealth Transportation Board decides to fund .the.. project and add it to the Plan. Chairman Claud moved the Board consider the crossovers -and an advanced warning sign system for the James River Bridge project when the Board sets its priorities to be submitted to the Commonwealth Transportation Board. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradby requested Mr. Hartley remind Mr. Cleveland of his desire to improve the remaining portion ofHolly Point Way. Mr. Hartley stated the VDOT Resident Engineer will be present at the Board's March 21, 2002 meeting as part of his quarterly presentation to the Board. Supervisor Bradshaw moved the Board direct staff to inform VDOT that the County requests that Duke's Lane be considered: a "Pave in Place" .road and, therefore, the movement of the utility. Lines would not be necessary. The motion was adopted with .Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and: no Supervisors voting against the motion. // Chairman Claud called for Citizens Comments. Teresa Johnson of Carrollton requested that the Board allow citizens who did not sign up to speak under Citizens Comments be allowed to speak prior to the Board entering its closed sessions at the end of the meetings. // Chairman Claud called for the County Attorney's report.. County Attorney Crook reported. that the Jones Creek No Wake Zone Public. Boat Landing Ordinance Amendmenthas been advertised for public hearing by the Board for its March 21, 2002 meeting. 5 eonK 20 .:.6~2 County Attorney Crook reported .that there have been ~ requests to convey the recreational area in Gatling Pointe South to the Community Association, however, there was an issue as to whether or not that satisfied the proffered conditions about the recreation area. He stated -.what has been proposed is a deed from Gatling Pointe South to the Community Association and that the Board of Supervisors can- indicate their approval by signing the .deed so that it will not be an issue later as to whether or not this conference satisfies the proffers. Supervisor ,Clark .moved that the Board approve the deed of conveyance for the Gatling Pointe recreational facility located in Gatling Point South to the Gatling Pointe South Community Association. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in ,favor of the motion (5-0) and no Supervisors voting against the motion.. County Attorney Crook reported the Windsor Water Tower. Agreement has been approved and signed by the Town of Windsor. He requested the Board approve the Agreement and authorize the Chairman to sign it on behalf of the County. Supervisor MacManus stated Section "B" speaks. to a maximum but . not a minimum size.. He stated there may not be a need for this as the ..County is assured that it at least has 150,000 gallons. He stated Section "G" does .not address notification requirements and .coordination of those so the .County can ensure the needs are being met. County Attorney Crook stated he believes this could be addressed by -',his drafting a cover letter to the .Town of Windsor advising that the County would desire to have adequate notice. Chairman Claud moved the Board approve the Windsor Water Tower Agreement and authorize the Chairman to sign it on behalf of the County and to include comments in a cover letter to address a minimum size that the County .will have 'under Section- "B" (i.e., 150,000 gallons) and. under Section "G" to include notification requirements. for coordination of those to ensure the. needs are. being -met stating that the Board would want to. have. adequate notice .back from the Town. The motion was adopted with Supervisors MaclVlanus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook advised he would have two (2) matters for closed session later in the meeting. !/ Chairman Claud called for the Community Development Report. 6 1 1 1 ~F~3 gpnr, ~.,~.~ ~' Mr. Hartley presented an agreement with Resource International, Ltd: to provide .consulting services to assist with the Zoning Ordinance update which he recommends the Board authorize the Chairman to sign on behalf, ' of the County subject to the County Attorney's approval of the. Agreement. County Attorney Crook stated. he recommends a number of changes to the Agreement and he would request that the Board table the matter to allow him an opportunity to provide the Board with a copy of the revised Agreement before the Board. takes action. Supervisor Bradshaw requested that Article 1, Scope of Services, . which specifies the amount included in .the County's budget for services related to-the project be deleted. Chairman Claud .moved .the Board -table the matter until the Board's March 21, 2002 meeting to give the County Attorney an opportunity to make changes in the Agreement and provide the Board with copies of the revised agreement before acting on it. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley stated included in the $oard's agenda is the Chesapeake Bay Local Assistance Department's evaluation of the County's Chesapeake Bay Preservation Area Program, as requested by the Board. in April. of 2001. He stated the evaluation overall is .positive, but it .does identify areas that staff should focus upon. He .recognized the efforts of the Environmental Planner in ensuring compliance. .Chairman Claud expressed the Board's appreciation to Mr. Hartley and his staff for their efforts in this regard. Supervisor Clark praised Mr. Hartley and his staff for. their ongoing efforts. He recommended that a system be developed for monitoring: BMPs. He requested staff investigate and advise him over the next thirty (30) days where, when and what administrative exemptions to the RPA have been granted. He further requested detail on those .items where legal action was taken. Supervisor Clark moved the Board direct staff. to place the matter under the Consent Agenda as an Action Plan to foltow up on the suggestions from the CBLAD report and place the CBLAD letter on .the County's website. The motion was adopted with Supervisors MacManus Bradshaw, Bradby, Clark and .Claud voting in favor. of the motion {5-0) and no .Supervisors voting against the motion. // Chairman Claud called for the Public. Utilities Report 7 nN 2J -~: ~~4 - 9~ E. Wayne Rountree, P.E., Director of Public Utilities, stated that the County has been negotiating with the City of .Franklin for a bulk. water contract. He stated the alternative is for. the County to install a well system- .:.and .treatment facilities: He stated staff has. requested its engineers to provide the County with a proposal to develop a rate scenario which is contained in the agenda for the. Board's approval. Supervisor Bradshaw moved .the Board approve the letter proposal with R. Stuart Royer in the amount of $7,250 with the understanding the consultant is to also provide a detail of the methodology used: The motion - was .adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and. - Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradby requested Mr. Rountree advise the Board on its best course of action to locate and. repair a suspected leak behind the Rushmere Volunteer Fire Department. Mr. Rountree advised that a water leak was previously found and subsequently: corrected in the Rushmere community, however, over the course of years, a large amount of water leaked out into an area behind the - Rushmere Volunteer Fire Department which has created a wet area. He stated in the meantime, an individual purchased the lot and has been experiencing problems with groundwater while digging the foundation.. He stated there is some concern that the water line may still be leaking and ' there is a need to remove the existing water. He stated this leak has been monitored by his office extensively and determined that there are not any . more., significant leaks to the Rushmere system as the County is selling 90Q/o of what it is pumping. He stated prior to that the County was pumping twice as much as it was selling. Supervisor .Bradby .moved that the. Board direct. the: County Attorney and the Director of Public Utilities to work together to determine the County's. best course of action for the. property located on Track Lane. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and .Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Claud called for the. Emergency Management report. Richard O. Childress, Director of Emergency Services, presented the changes to Central Dispatching 1~lemorandum of Understanding for the Board's consideration. w 1 1 ao~N 2~ ..~~~~ Supervisor MacManus suggested that the start date be in the second half of 2002 to allow for some flexibility in the schedule. Supervisor Bradshaw suggested that instead of changing the date, the . ~. ~ word "operational" be changed and that it become effective July 1, -2002 and 'allow for operation in the second half of 2002 to come on line. Chairman Claud suggested that under Paragraph (6) .the 2003 needs language added to put in a year at leash after it was effective or was operational. He suggested June 30, 2004 be inserted. Mr. Childress stated on Page 2, "reviewed annually" will be inserted. He stated regarding the Town of Smithfield desiring guaranteed employment for their current dispatchers, language has been inserted to allow prior consideration given to those who "have" the training as opposed to those. who may not have the training.. He recommended a change of "his" to "his or her" on the following page. He stated regarding the five (5) .State Compensation Board .funded positions, .insert the Board of Supervisors "may" continue as opposed to automatically agreeing to convey those positions should something happen to those positions. He stated under Operation of Cost, "initial" be struck from Capital Cost and .inserting "Operational" and "Maintenance" cost. He stated "within the first three (3) years of operation" was deleted .and "all the cost .involved within the operation of the center" was inserted. Supervisor MacManus recommended that any capital and operational cost incurred and recommended by the Board of Directors be inserted. Mr. Childress stated the three (3) year date was deleted, as well as the beginning on July 1, 2002, and the Board of Directors will. review. it on a fiscal year basis was inserted. He stated how a jurisdiction could terminate the agreement was deleted because it was repetitious. 1 Supervisor Bradshaw moved the Board authorize the Chairman. to sign the revised document and forward it to the Towns of Smithfield and Windsor and the Sheriff for their. review and approval at their next meetings and direct the Director of Emergency Services to move forward with. implementation of the Communications Center. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Childress reported. that four (4) applications were received for the Communications Center Director position and the position has been readvertised with a due date for application of March 15, 2002. Mr. Childress distributed copies of information pertaining to what Loudoun .County is .doing with regard to fire and rescue tax. districts and gpnq ~i~ ::~;~ 116 information pertaining to an emergency radio system proposed. to be utilized by Fauquier County. Mr. Childress reported that the Isle of Wight Rescue Squad .had inquired if it could. have the paid personnel supplement their staff to the ,extent where: they told the County when they needed. such personnel. He advised if the Squad could get its duty schedule to him a month. in advance that he would see if this system works. He stated their duty schedule was submitted on time and he is attempting to place personnel around that request. He .stated it is showing that paid personnel staffing will be about the same as what has been done previously. Supervisor Bradby advised the Board of needed additional space at the Rushmere Volunteer Fire Department to store fire department vehicles. Mr. Childress suggested this matter be presented to .the Fire and Rescue. Association during the budget process. J/ Chairman Claud called for the County Administrator's report. County Administrator Caskey referred to correspondence contained in .the agenda from the Community Policy Management Team acknowledging that there will be a need for the County to supplement funding that was previously allocated. He presented. a Resolution to Appropriate Funds From the. Unappropriated Fund. Balance of the General Fund and Accept and Appropriate State Funds for Comprehensive Services Act Expenditures for the Board's consideration. Chairman Claud stated as long. as localities continue to pick up funding that the State is no longer willing to fund there is no reason for the State to change any funding formulas. He stated. until the localities take a stand and say we are not going to do these things that the State has normally funded, then the pressure becomes on the General Assembly members to do something on their own. Anne F. Seward, Director of Budget and Finance, stated the County's match is 36.17% of the total cost. She stated the reason for the local contribution being so large is because this year in order to balance the budget the State took certain measures to balance the budget and sent a directive to all. State organizations that they needed to cut 8% and part of how their budget is being cut this year is by pushing it down to localities. Supervisor Bradshaw stated the courts mandate .that these services be :provided and if they are not provided, the County can be held in contempt. 10 1 eo~~ ?.~ -~: X87 Supervisor MacManus stated he believes the County should bring a lawsuit against the Commonwealth of Virginia. He stated this is a situation where the State is mandating that kids be taken care of, but not footing the bill and no one is holding the .State accountable. He stated the State is not complying with their obligations and he believes the County has the right and responsibility to speak for these children and hold the State accountable. He stated it needs to be made public how the State is failing to uphold its financial obligations to the citizens. County Attorney .Crook advised the Board that the County will run a risk of frivolous lawsuits not only being thrown out of court, but also being required to pay everyone's expenses when you. talk about suing everyone in the State. government that has anything to do with this. He stated the. Judges make a determination on a case-by-case basis for. services for juveniles that are Isle of Wight County juveniles based on the circumstances and the County wants to say that we want the. State to provide the funds for hat regardless. He stated the State determines what its obligations are. and the Comprehensive Services Act is the most loosely financed Act that he has ever seen and the County has the same problems in education with special education because there are Federal mandated programs that cost this County a lot of local funds and is the County going to sue the Federal government because they are not providing the funds for the mandated programs? Supervisor MacManiis stated the JLARC study admitted that. it is their obligation and they are not fulfilling it. He stated there are .numerous cases where they have known obligations which are not fulfilled.. He stated if the County does not have a strong enough case on the CSA, then he believes the County should still bring a lawsuit against them for not fulfilling their job function as this the Commonwealth and they collected taxes for the. common good and it is their responsibility. He stated this is a moral obligation issue. Supervisor Clark stated another way to get some attention is to just say no and see what happens. He suggested having a committee meet with the Judges and Social Services to determine how the costs- can be kept at a minimum. He stated at some point in time the County is going to have to say no. Supervisor Bradby stated the time has come to draw the. line because the taxpayers in the County end up paying the bill Mrs. Seward stated the dollars being requested are for children that. are currently in care. She, stated the. Board .would .have- more flexibility to send the message next year to the .Community Policy Management Team {CPMT) { .than there will be no 'additional funding so that as new children come on the CPMT could refuse the child far services. 11 804M 2~ ~:;:6~8 .Supervisor Bradshaw recommended that the County not fund any non- mandated cases in the upcoming budget year. ..Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND ACCEPT AND APPROPRIATE .STATE FUNDS FOR COMPREHENSIVE SERVICES ACT EXPENDITURES WHEREAS, the Board of Supervisors of the County of Isle of Wight; Virginia has approved additional .funding for Comprehensive Services Act expenditures; and, WHEREAS, the total. funds in. the amount of .ninety nine. thousand seven hundred thirteen dollars ($99,713) need to be appropriated to the FY 2001-02 Comprehensive. Services Act Operating Budget of the County of Isle of Wight; and, WHEREAS, a portion of these funds in the amount of sixty four thousand five hundred eighty eight .dollars ($64,588) needs to be appropriated as local cash match from the Unappropriated Fund Balance of the General Fund to the FY 2001-02 Operating Budget of the County of Isle. of Wight; and, WHEREAS, the balance of said funds in the amount of thirty five thousand one hundred twenty five dollars ($35;125) or so much as shall be received needs to be accepted and appropriated from the Commonwealth to the FY 2001.-02 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 sixty , . four thousand .five hundred eighty eight dollars ($64,588) from the Unappropriated Fund Balance of the General Fund and thirty -five thousand one hundred twenty .five dollars ($35,125) or so much as shall be received from the Commonwealth be appropriated to the FY 2001-02 Comprehensive ,Services Act Operating Budget of the County ofIsle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate and to do all. things necessary to give accounting adjustments in the budget . this resolution effect. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the. motion. 12 1 i~ q~~'tK [.t3 tJ'J~J Supervisor Bradshaw moved the Board request staff to set up a meeting with the Judges to convey the .position of the County regarding. the . CSA and to notify the Executive Director and the President of VACo with regards to the County's position with unfunded mandates, i.e., CSA and SOQ and to direct the Board's Finance .Committee- to evaluate the CSA funding with .regards to non-mandated cases for the upcoming fiscal year and to make a recommendation to the Board. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus .moved the Board ask the County Attorney to investigate and evaluate necessary actions .that can be taken. by this Board in examining the possibility of bringing a lawsuit against the Commonwealth of Virginia and the parties involved therein,- i.e., Governor, House of Delegates, Senate to defend their position of not meeting their moral and legal obligations with regard to funding of programs, specifically the Board has requested the County Attorney to look at the CSA, as well as the SOQ associated with the school system being that they have provided us evidence that they generated themselves that they are not meeting those obligations through such. things as JLARC studies that there is evidence to provide basis for that lawsuit.. The County Attorney is to report back to the Board at its first meeting in April. The motion was adopted with Supervisors. MacManus, Bradshaw, Bradby, Clark and Claud voting in .favor of .the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey stated the Virginia Energy Purchase Governmental Association (VEPGA) membership procures joint purchase of electrical power generation service pursuant to deregulation of Virginia. He .stated local governments joining must do so by ordinance and ,before the Board is to recommend the Board's authorization to advertise for public hearing for such ordinance to be considered for approving the Joint Powers Association Agreement. Supervisor Clark moved the Board authorize a public hearing on the .Ordinance approving the Joint Powers Association Agreement. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting .against the motion. Mrs. Seward briefed the Board on the County database software status. She stated the County's users .currently function on one (1) major software system which was purchased in 1995. She stated staff has received notification from the software vendor that the County would be migrating to - a different operating system and that the tax revenue portion will be left out of the migration resulting in the County operating .off of two (2) operating systems. She stated the .upgrade Would also be costly. In this regard, she requested the Board's permission for staff to issue an. RFP to determine what other systems are available. 13 r~ BoeK 20 :' ~~0 Following an inquiry.. from Supervisor MacManus to Mrs. Seward if this. could potentially be considered capital, Supervisor Bradshaw noted that if the County was going to make a complete system change all at one (1) time, everything is capital. Supervisor Clark moved the Board authorize staff to issue an RFP for Municipal Database Software System. Options. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' presented a Resolution of Support for Designation of A Virginia Byway for the Board's consideration. r Supervisor Bradshaw moved the Board adopt the following Resolution of Support for Designation.. of A Virginia Byway: RESOLUTION OF SUPPORT FOR DESIGNATION OF A VIRGINIA BYWAY WHEREAS, The Virginia Byways Program recognizes road corridors containing aesthetic or cultural values near areas of historical, natural or ~i ~ recreational significance to encourage travel to interesting destinations and .for leisure in motoring; and, WHEREAS, Byways also stimulate local economies by attracting visitors to lesser-known destinations away from high-traffic corridors, become -part of the coordinated promotional strategy for Virginia tourism, and will help showcase Virginia for the 400`h anniversary of the. Jamestown settlement; and,, WHEREAS, designation as a Virginia Byway would not limit land use controls or road improvements, but could. limit outdoor advertising signage; and, WHEREAS, the following sections of roadways have historic, cultural, scenic and rural qualities.: Route 628 at the Surry/Isle of Wight.County Line, to Route 676: (Fort Huger Drive), to Route 10 and then Route 10 Business (Old Stage Highway), to the Tdwn of Smithfield; and, Route 258 at the Smithfield Town limits (from Main Street) to Route 620, and along Route 620 to the Isle of Wight/Southampton County line;. and, WHEREAS, Isle of Wight County is collectively pursuing such. Virginia Byway .Designation to link diverse elements of five (5) adjoining neighbor localities, to include: the Counties of Surry and Southampton, and the Towns of Smithfield, Ivor and Courtland; and, 14 i~ I 1 1 BOOK ~~~ .` U:J1 1 WHEREAS, the sites on this. road corridor would include a variety of experiences,. from. the Scotland wharf area of Surry County (upon. which visitors may access Jamestown via the ferry), Chippokes Plantation State Park, Bacon's Castle, Historic Downtown Smithfield, rural agricultural .and historic. scenic values of Routes 620 and 616, and the Rawls Museum and Arts in Courtland; NOW, THEREFORE, BE IT AND IT IS RESOLVED that the Board of Supervisors of Isle of Wight County supports the above noted sections ~of Routes 628,676, 10, 258 and 620 for designation as a Virginia Byway. The.. motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion. County Administrator Caskey reminded the Board .that it should begin anticipating setting a date for a joint meeting with the School Board to discuss its budget. Chairman Claud moved that the Board direct staff to contact the School Board. to determine if April 11, 2002 at 6:00 p.m, is suitable with the School Board for a joint meeting with the Board of Supervisors. The primary topic is to be the budget. The motion was .adopted. with .Supervisors MacManus, Bradshaw,- Bradby, Clark and Claud voting _in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey reminded the Board that. its .annual Town Meeting is .scheduled for March 16, 2002 from,10:00 a.m. until 12:00 noon at the Carrollton. Elementary School. County Administrator Caskey advised the Board that the Legislative.: Breakfast which was cancelled due to inclement. weather has been rescheduled for March 22, 2002 at 7:30 a.m: County Administrator :Caskey distributed a mailing. received on the upcoming NACo Conference scheduled in July, 2002. He requested interested Board members. to notify his office for registration purposes. 1 // . Chairman Claud called for Old Business. Supervisor MacManus requested the status of the letter the Board directed the County Administrator to send to Congressman Forbes. County Administrator Caskey advised that the letter has been sent. 15 aoeK 2f.) . ~:~f `~2 Supervisor Clark requested that the Director of Planning and: Zoning. include in the Zoning Ordinance that the trend of developers to use existing wetlands to qualify for open space is not acceptable. Supervisor Clark requested the status of timbering on property located on Smith's Neck Road. Mr. Hartley advised that the property is being .used for timbering purposes. only. Supervisor Clark requested the Director of Planning and Zoning to encourage applicants applying. for rezoning to keep proffers as high. as possible.. Supervisor Clark requested .the Director of Planning and Zoning to request the schedule of substantial Landscaping to be performed at the metal building located on Brewers Neck Boulevard.. Supervisor Clark moved the Board direct staffto provide a list of those !~ undeveloped tracts which have been rezoned and which are located outside the Development Service Districts in the County that are now inconsistent .with the Comprehensive Plan. The motion was adopted with Supervisors MacManus, .Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the. motion. Supervisor Clark noted that.Isle of Wight and. Southampton Counties are the .only jurisdictions in this area that do not- provide exterior courtroom security for the judges. He advised the Board that the Sheriff has offered to provide exterior courtroom security for alt the courts and that he would bring -this matter up at the next meeting that the Sheriff attends so he can address it further with the Board. Supervisor Clark moved the .Board direct the Director of Budget and Finance to meet with the Sheriff to determine what it .would take to provide personnel to utilize the metal detection equipment at the Courtroom until the Courtroom's renovations are complete and advise the Judge(s) what will be required between now and the end of the fiscal year. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. ~~ Chairman Claud called for New Business. County Attorney Crook stated he forwarded a letter to the Board concerning a request from he Judge of the .Circuit Court concerning input l6 .. BOOn ~~~ ;`U~.7J from the Board on a date for the. special election for the .Commissioner of Revenue's office. Supervisor Clark moved the Board authorize the County Attorney to express the Board's ,preference that the special election for the Commissioner of Revenue be held in November of 2002. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark .and Claud voting in favor of the motion (5-0) and no .Supervisors voting against. the motion. Supervisor Bradshaw moved the Board direct the County Attorney to review the new late fee charges proposed by Charter and report. back to the Board at its March 21, 2002 meeting. The motion .was adopted, with Supervisors MacManus, Bradshaw, Bradby, Clark and -Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Claud called for Appointments. Supervisor MacManus moved ,the Board reappoint Kurt E. Beach to the. Transportation Safety Committee. The 'motion was adopted unanimously (5-0). Supervisor Bradby ,moved the Board. appoint James R. Ford to the. Bicycle and Pedestrian Facilities Committee. The motion was adopted unanimously (5-0): Supervisor Bradshaw moved the Board reappoint Donald T. Robertson to the Western Tidewater Disability Services Board. The motion... was adopted unanimously (5-0). Supervisor Clark moved the Board .reappoint Carroll Keen to the Industrial Development Authority: The motion was adopted unanimously (5-0). // County Attorney Crook requested a closed session. under Section 2.2- 3711 A7 of the Freedom of Informatian Act concerning a .litigation matter involving advice of counsel and under .Section 2.2-3711 A3 concerning a matter of advice of counsel and staff regarding acquisition of property for public purposes. Chairman Claud requested a closed session under Sectior. 2.2-3711 Al of the Freedom of Information Act concerning a personnel issue. 17 soQa 2O ~:~~~~4 Supervisor. Clark requested a closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning a personnel issue. County Administrator. Caskey .requested a closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning. two (2) personnel issues. Mr. Small reminded the Board that he would have a closed session matter that would necessitate the Board meeting at 4:30 p.m. on March 21, 2002. . Mr. Childress requested a closed session under _Section 2.2-3711 A7 of the Freedom of Information Act concerning advice of counsel on a contractual matter. Supervisor Bradshaw 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. .Upon returning to .open session, .Chairman 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 a~rmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information. Act; and, WHEREAS, 2.2-3712D 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 res©lution 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 18 IC I r eoo~ 2~l ...r6~5 ABSENT DURING MEETING: 0 The motion was adopted ,with Supervisors MacManus, Bradby, d 0 5 no - ) an Bradshaw, Clark and Claud voting in favor of the motion ( Supervisors voting against the motion. Supervisor MacManus moved to have the County Attorney prepare the paperwork to perform the land swap discussed in closed session. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. .Supervisor Clark moved the Board supplement the Commissioner of Revenue's salary in the amount of $2,460. The motion was adopted (3-2) with Supervisors Clark, Bradby and Bradshaw voting in favor. of the motion and Supervisors MacManus and Claud voting against the motion. Supervisor Bradshaw moved that the Board direct staff to review the Bill recently passed in the General Assembly .concerning tax.. exempt bonding for public/private partnerships and report back to the Board.. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. , At 1:15 p.m., Supervisor Bradshaw moved the .Board continue its meeting. to Saturday, March 16, 2002 at .1.0:00: a.m. at the Carrollton oses of conducting its annual "Town Meeting." ur School for e ta Ele p p n ry m The motion was. adopted unanimously (5-0j. Robert C. Claud,. Sr., Ch irman W. Dougl C key, Clerk 19