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02-10-2003 Regular Meeting.. ~ - R .. w ~ eoox 21 ~:~~~437 REGULAR MEETING OF THE. ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TENTH :DAY OF FEBRUARY 'III THE YEAR TWO THOUSAND AND THREE PRESENT; Richard K. MacManus, Chairman Stan' D. Clark, Vice-Chairman Phillip A. Bradshaw . Henry H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator Donald. T: Robertson, Assistant County: Administrator/Director of Human Resources . Carey H: Mills, Recording Secretary Chairman MacManus called the meeting to order at 5:30 p.m. ~, // . Supervisor Bradby delivered the invocation. I/ - The Pledge of Allegiance was conducted, // Chairman MacManus called for approval of the agenda. Supervisor Bradshaw moved -the Board approve the Agenda with the- addition of an item concerning Smithfield Heights Subdivision, Section 4 under the Public Utilities report; a presentation from VDOT representatives- concerning Ballard Road (Route 614) as-Item2 on the agenda; and, move up Citizens Comments -for those individuals with a conflict_ in their schedules. The motion was, adopted by a vote of (5-0) with Supervisors MacManus Bradby, Bradshaw, Clark:and -Claud voting in favor of -the motion, and no Supervisors voting against the motion. // Chairman MacManus called for a presentation by VDOT officials on the status of Ballard Road. (Route 6.14).. MacFarland Neblett, VDOT Resident Engineer, briefed the Board on - the status of a pond located on Ballard Road. (Route 6140 which` had: been in existence for many years, but had recently been drained due to maintenance 1 .. eonr 21 ~~-438 efforts. He stated VDOT staff spoke with the property ©wner, William R. Ballard, who indicated that his uncle many .years ago had installed a concrete vwalt at the end of the pipe with. boards in an effort to control the flow of the water. He stated Mr. Ballard, upon receiving ownership of the property from his uncle, had been removing the boards at -the sign of impending. storms, until Hurricane Floyd. He stated Mr. Ballard indicated to VDOT staff that it did not. make any difference to him if the pond was restored, as it was only used as a drainageway. He stated in March of 2002, VDOT maintenance crews removed debris in front of the concrete wall. to allow water to flow through the. pipe at a more rapid rate, and that sometime later, some one not associated with VDOT, had removed some additional debris, resulting in the water level dropping. He requested the Board. provide him with direction on how it wished VDOT to proceed in -this matter. He ,noted that Mr. Ballard would be required to .grant VDOT permission to perform any work. on his property, as this is out of VDOT's right-of-way. Supervisor Bradshaw inquired if the area contained wetlands. Pamela Shaw, Environmental. Planner, informed Supervisor Bradshaw . that the land is a wetland and shows up on the National Wetland Inventory Maps and that -the Corps ~of Engineers. may have jurisdiction over this drainageway. Supervisor Bradshaw moved the Board direct the County Administrator to coordinate a meeting between VDOT and County. staff, to include himself, to explore the. process by which. the pond can be .restored and preserved and that a recommendation be brought back to the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for Citizens Comments. Grace -Keen, representing the Isle of Wight Citizens .Association, expressed her concern with the proposed development surrounding St. . Luke's Church and the protection of this valuable landmark. .Peter Munsell also expressed concern with the proposed development surrounding St. Luke's Church. Deborah Jones Elliott of Central Hill requested the-Board's support of a proposed Isle of Wight WAVE in July, 2003. 2 - _ R r _... e~~~ 2i ''~._i 439 Supervisor Bradshaw suggested Ms. Elliott contact the :County Administrator and provide him-with additional information on-the. proposed WAVE, 2003. // . Chairman MacManus .indicated the Consent Agenda included: the following items: .Internet Services. Workgroup Resolution to .Appropriate Revenue Sharing Funds-from the General Fund Reserve Fund. Balance 2003 Bond Issue ResultsiCertficate of County .Administrator as to Terms and Award of Bonds Resolution to Accept. and Appropriate $3,777 from the Department of Justice Equipment Grant° Program ' Action List. Status Update ~ January 2, 2003 Regular Meeting Minutes.. h 1 C airman MacManus asked if there were any items for removal. ~. Supervisor. Clark. moved the Board adopt the Consent. Agenda. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor , of .the .motion, and no Supervisors voting against the motion. // Chairman MacManus called for Regional Reports. Chairman MacManus reported that the Hampton Roads Partnership did not hold a meeting this month... Supervisor .Claud commented. that the Hampton Roads. Partnership :is forming an advocacy group... for transportation "in ~ con}unction with" the 2026 Transportation Plan tieing put together by the .Hampton Roads Punning District Commission. Chairman MacManus reported that the .Hampton Roads :Economic Development Alliance recently recognized Robert C. Claud, Sr.. as last .year's member. on the" Alliance. , ;, . 3 4, s w.... . eaa~ 21:~~.•440 Chairman MacManus reported that the Southside Mayors and Chairs did not hold a meeting this month. Chairman MacManus .reported that the Intergovernmental Relations Committee did not hold a meeting this month. .e Chairman MacManus reported that the Western Tidewater Water Authority did not hold a meeting this month. Chairman MacManus reported. that ~ e Cities of Norfolk and Franklin .have indicated that they would be moving. forward with ninety-five (95) gallon bins and the automated collection system. .Supervisor Clark .reported- that the Mayors and Chairs Caucus discussed the federal funding formulas for highways in the Hampton Roads area. He noted a lobbyist was present at the meeting and spoke about. what the upcoming year is anticipated to be like. County Administrator Caskey noted that he has provided the Board a copy of .the 2003 Economic Forecast prepared by the Hampton Roads Flanning District Staff for their reference. Supervisor Clark reported that the Western Tidewater Regional Jail Authority's new Superintendent is now on-board. Supervisor Bradshaw stated that while equal taxing authority did not .pass in the General Assembly this session, .the issue does stand a strong chance of passing in the next session. He stated the cigarette tax ended in a tie vote and had one (1) of the sponsors of the bill been present for the vote, the issue would have come out of committee and been on the Senate floor, // Chairman MacManus called for Transportation Matters. County Administrator Casket' made reference to the following items contained. in the agenda for the Board's information: Correspondence dated December 11, 2002 from Bryant H. Porter, VDOT Engineering Tech, acknowledging receipt of Mr. Randolph's letter dated December i 1, 2002 to the VDOT .Resident Engineer requesting VDOT install center line stripping on Firetower Road (Route 644). Correspondence dated January 28; 2003 from Mr. Porter acknowledging receipt. of Mr. Randolph's letter dated December 26, .2002 to Jane Wimbush, VDOT District Administrator,. expressing the County's interest in adding a second left turn cane 4 7S eooK 21-~~::441 southbound on Benn's Church Boulevard (Rome 10) onto Brewer's Neck Boulevard eastbound (Route 258/32). Request by a County ~ for VDOT to investigate.. the wetland issue on Ballard Road (Route 614). Supervisor Claud requested a status report on Braswell Road .(Route 700) with respect to the .removal of residue from the ditches. John McCambridge, VDOT, explained Ghat. if VDOT can haul .spoils away, no Department of Environmental Quality: (DEQ) permit is required; however,: if VDOT desires to cast this materiat .along the-.top of the .bank, a permit is required. He stated once he knows what the residency wants to do, he can proceed with either having the. spoils hauled away or pursue the .necessary permits to have the spoils -cast along the top of the bank. Supervisor Claud inquired what the process is to obtain a permit for .the placement of spoils along the top of the bank of a private property owner if he gives VDOT permission to do this. Mr. Cambridge replied that VDOT must seek permission from the appropriate regulatory agencies by way of a -permit and ensure :that what material is cast to a side is no more than 10% of what :has already been cast if any casting has ever taken place in the past. He stated the property owners must -also give their permission to have the material placed outside. the VDUT right-of-way. ..Supervisor Claud requested he be advised what needs ' to be done to get the .ditch cleaned. Rick Riddick, VDOT, stated the property owner would be required to. follow certain guidelines with respect to the environmental regulations. die stated this project involves anarea -that is considered. to be wetlands, and VDOT is working to get the road- open .and has applied for the necessary permits. Supervisor Bradshaw informed. Mr. Neblett .that parts of Duck Town Road. (Route 648) have sink holes and need attention.. Rick Riddick advised that- VDOT is. currently in the process of installing a pipe to alleviate the drainage problem occurring in -the curve of the roadway. . Supervisor Clark noted that trucks on Smith's Neck Road are causing the roadway to become muddy and broken up along the edges. S ~, eoo~ 21.,-44~ Mr. Neblett advised that VDOT is aware of this problem which is created by the number of trucks utilizing. this roadway, and VDOT is continuing to monitor the situation. // J Chairman MacManus called for the County Attorney's report, County Attorney Stroman noted, as indicated in his. report. in the agenda, he would be requesting a closed .session pursuant to Section 2.2- 3711.A.3 of the Freedom of Information Act concerning discussion of acquisition of real property for a public purpose: and under. Section 2.2- 3711 A.7 concerning .consultation- with legal counsel regarding actual or probable .litigation and consultation. regarding specific .legal matters requiring. the provision of legal advice by counsel. // , Chairman MacManus called for the Community Development Report. Beverly H. Walkup, Senior,. Planner, presented a Memorandum of Agreement between the Hampton Roads Planning District Commission (HRPDC) and- the sixteen. (16) member jurisdictions that formalizes the relationship between the HRPDC and member jurisdictions to be the policy making body for the Regional Stormwater Management Program. She noted the Agreement needs to be executed by March 1, 2003. Supervisor Claud moved-the Board accept stafFs recommendation of endorsement of the Memorandum of Agreement, subject to the approval of the County Attorney, with funding to be reflected in he budget .request from. the Department of Planning and Zoning. The motion was adopted by a vote . of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation,. noted an error in the Board's report. He stated staff is not referencing., impact fees, but rather is referring to open space or parks and recreation fees. He stated the areas that currently have this type of program ,are those .with larger parks, recreation departments, and maintenance efforts. He stated .the County, as a rural area, is more suited for the development of parks in each of the voting districts. He stated when .developers offer. recreational land or land, for park development, he believes the Board should- encourage a homeowners' association to develop these facilities, but he cautioned that if the 6 .. n ,~ ao~~ 21~~-443 homeowners' association is not organized, the residents- in the community could begin asking the County to take it over. Chairman MacManus recommended an open. space fee be established in the Zoning Ordinance for smaller developments that, are not providing a park facility, in combination with proffers. ' He stated the community without the neighborhood park; is not contributing to the County on the same level as the larger developments. Supervisor Bradshaw stated that the Comprehensive Plan does not tie community development. and .parks and recreation together, and they should be, to ensure there is a consistent plan-for the development of communities in the County. He requested that "neighborhood parks" be further defined based, on the size of the neighborhood. County Attorney $troman noted that surrounding communities include t in -their .subdivision ordinances a provision for encouraging or requiring { open- spacelrecreational facilities which. are private : facilities... He recommended _ that the .Director of Planning and Zoning. survey other communities to find out what .the are doin porn to the y g and then make a re Board for consideration of a change in the County's Subdivision Ordinance. ~ Supervisor Bradshaw- .moved .that the Board direct the County Attorney, the Director of Planning and Zoning. and the Director of Parks and Recreation to evaluate. open spacelcommunity recreational facilities with regards to subdivisions. and make a recommendation back to the' Board. The motion was adopted by a vote. of (5-0~ with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion.. Mr. Nogiec 'presented information with respect to the Fort Boykin Erosion Control and Beach Replenishment Project.. He stated the bid process included a base bid and an alternate for the placement of a `third breakwater located at the southeast end ofthe property: He stated as a result of the neighbor down 'river indicating his willingness to participate in this project, the price of the third breakwater is reduced. He is recommending that the contract be amended to include the third breakwater. .Supervisor Clark moved the Board authorize the Chairman to execute the contract, subject to the review and- approval of the County Attorney, authorizing Coastal Design and Construction to complete the work including the. third breakwater identified as -bid alternate of the Fort Boykin °Erosion Control Project Bid at an additional cost of X38,000. The motion .was. adopted by a vote of {S-0) with Supervisors MacManus, Bradby, Bradshaw,.. Clark and Claud voting in favor of .the moti©n, and no Supervisors voting against the motion. // 7 I .~ , eos~ 21 •~~-444 Chairman MacManus called for the Public Utilities report. E. Wayne Rountree,- P.E., Director of.Public- UtiUties, stated plans have been. received for Section 4 of the Smithfield Heights Subdivision, but because of the County's fluoride violations, the State .Health Department will not allow any. additional extensions to the County-owned Smithfield Heights water system. He stated the .developer is proposing twenty-five {ZS) lots, and is willing to comply with the County's regulations once the fluoride issue is resolved. He recommended that the Board approve ashort-term variance to allow the developer to install two (2) new wells in the Smithfield Heights Subdivision to serve the twenty-five (25} lots until such time as the .:.County's water system. is brought into compliance with fluoride standards. He stated at that time, the two (2) wells will be abandoned and connect the water mains to the Smithfield t-leghts system, as required. He .stated the Planning and Zoning Department is recommending that the two (2) small water systems the developer is .providing be a part of the public system and, therefore, an agreement will be drafted later. Supervisor Clark moved the Board' allow the temporary use of two (2) new wells- in the Smithfield Heights Subdivision at no cost to the County and ultimately in accordance with County specifications;. that these two (2) wells would become part of the County's system; and, that the agreement would be subject to the County Attorney's review and approval. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rountree stated a schedule has been. dweloped to bring .County- owned water systems into compliance.. with state and federal fluoride- standards which appears to be acceptable with the State Health Department. He stated the proposed schedule provides for the installation of a test well in both Smithfield Heights and Carrsville and if these test wells locate a reliable source of water with fluoride -below 4.0 ppm, all County-owned water systems will be in compliance as long as the County continues: public notification. He noted if the test wells .are not successful, the construction portion of the schedule will not be accomplished, and the County. will be required to modify its consent order and proceed with. other potential solutions. Supervisor Bradshaw stated if the County is willing to spend 5440,000 for a test well, and connection can be made to the current water. system for $1.3 million, he would recommend proceeding with making the connection. He stated. connecting .would ,serve the long-term needs, rather than just a short-term answer. f Mr. Rountree stated Carrsville is no longer in a development service .district and planning staff does not recommend extending utilities. outside of 8 • . eoo~ ~1 ~~445 development service districts. He stated currently .the :County does not have an acceptable source. of wafer in Camptown to be extended and .the State ` Health Department will. not consider that an option until the :water. in Camptown is in compliance. Chairman MacManus noted the completion of the test well- and the . results being evaluated for both Smithfield Heights and Carrsville are critical and, if they are not acceptable, the County must revise its plan. Chairman MacManus requested the- Director of Public Utilities. check the noted completion date for construction of the Obrey system. Supervisor Claud moved the Board approve the .proposed fluoride compliance schedule and authorize County stat~to enter into a consent order with the State Health Department. The motion was adopted by a vote of (4- 1)with Supervisors MacManus, Bradby, Clark and Claud voting in favor of -the motion, and Supervisor Bradshaw voting against the motion. ' Mr. Rountree fated specifications are already underway for Smithfield Heights, and he will be working with the engineer to :add Carrsville. He stated he anticipates the bid prices to come back to the Board at its meeting in April,: 2403.... Mr. Rountree: noted he presented the Board at its retreat a draft copy of ` the Department of Public Utilities' 10 Year Water and Sewer Operation and Maintenance Needs Plan.. He asked if the Board had any comments. Supervisor Claud moved the Board receive the report and that it be used- as a guide in establishing projects for future capital programs and maintenance items.for public utilities. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and 'Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw inquired about the status of the Franklin sewer. over. billing. Mr. Rountree stated he has not yet received a response to his recent e- mail. He inquired .how the Board wished to proceed, whether it desires to have a credit or have the amount applied to future capital .:costs; Supervisor Bradshaw moved the Board direct the Director.. of Public .Utilities to apply the amount he has calculated that the City of Franklin owes the County as a credit to the monthly water and sewer-bills until Franklin's obligation is fulfilled,. and that; interest be calculated and applied, as well, since staff -had identified to the. City of Franklin earlier that there. was an error.. The motion was adopted by a vote of (5-0) with. Supervisors M~Manus, Bradby, Bradshaw, .Clark and Claud voting in ,favor of the motion, and no Supervisorsvoting against the motion. 9 ,- . eoo~ 21 ~~~-446- u Chairman MacManus called for the Emergency Management repork Richard 0. Childress, Director of Emergency Management, stated that pursuant to the .Board's request, the architect and chief officers of the :Carrollton Fire Station were present to address questions with respect to the expansion and renovation. project at the Carrollton .Volunteer Fire Department.. He stated with .respect to the $1.4 million dollar project for . expansion of the radio system, the consultant has provided an estimate of $1.2 million dollars, but he cautioned that until the bids come in, the exact cost of the project is not known. He stated the. federal government offers funding opportunities through the Assistance to Firefighters Grant Program, and he has encouraged all volunteer departments to apply for. these types of grants for all their projects. He stated these grants must be applied for by the individual fire departments, not by the County. . Supervisor Clark suggested staff review the feasibility of employing a grant writer position, as volunteers are already taxed doing what they do for the County and don't have time to write grants. Supervisor Claud inquired from Glen Yates, architect, how long he has been employed by the County to work on this project. Mr. Yates responded:. he was .employed by volunteers approximately - two (2) years. prior to entering into an .agreement with the County in February, 2002. Supervisor Claud inquired if Mr. Yates was provided a budget to work within. Mr. Yates responded a budget may have been mentioned. He stated he had provided several different estimates, none of .which. met -the requirements ofthe County's Capital Improvements Plan. - Supervisor Claud inquired if Mr. Yates was ever aware of an allocated amount for the project. Mr. Yates responded an amount may have been mentioned at the time of the .contract negotiations,.. but he did not recall the exact amount. He stated that he has tried to hold the down the cost and could provide. proof that this is the best bargain of any fire and rescue center that has been bid or built in the .last five. (5) years. He stated the original design. was based on gaining property to the rear of the fire station, and subsequently the County purchased four (4) .acres to the northeast of the fire station, which. had to be redesigned for this bid. 10 .. R. i~ . t eoo~ ~ 21 ~M447 . ..Supervisor Claud inquired what other costs are: necessary to open this station. Mr. Yates. stated sewer tap-on .fees and pump- station are included in the bids. He stated the sewage pumping- station will be tied into the existing force. main and water supplied under Route l 7 to the station. Supervisor Claud, stated that along the way Mr. Yates had to be' aware that there was an allocated amount of money for this- project.: He stated as a professional, he should have put staffon notice earlier at this facility could: not be constructed for the amount of money allocated. . Mr. Yates stated he previously prepared several estimates, all. of which exceeded the. budgeted $800,000. He stated the average fire station. cost for the Tidewater area is $140.25 per square foot, and Carrollton's turn-key cost is $79.54 per square foot. He stated. the building is designed with a steep stud .and -frame that can sustain 120 :mile an hour winds. He stated the building is far more energy efficient than a masonry building. and pan be constructed much- more rapidly. He stated his initial estimate, which was done two (2) years ago, was close to $1,000,000 at that time. Supervisor. Claud stated $800,000 was originally budgeted for the building and someone along the way should have come to this Board and advised that the- design was totally out of line with the dollars :allocated and , inquired haw the Board wished to proceed: - Mr. Yates admitted that communication was .not as good as it should have been. .Supervisor Clark inquired how. much money is needed to build a quality station in an economical. manner, Mr. Childress advised that. $350,000 is needed to complete ttie project without any alternates being added to the project. Mr. Scott Brower, Assistant Chief of the CarroAton Volunteer Fire Department, stated the first subrxiittal was provided eight (8) years ago and the volunteers did apply for two: (2) years for grants, but were unsuccessful. He stated a grant was, however, received by. the .state for emergency medical services. He stated the fire department. is now utilizing a 1990 pumper-truck that has almost 60,000 miles and needs replacing. He stated the bid price is lacking. across-over, sufficient water to the property, a generator and paving of a parking area for fund raising.. He stated the department can do without the generator and the paving of a large parking-area, however, the cross=over is .needed. He stated.. the first year that the fire department contracted Mr. Yates, he prepared an estimate of $1.2 million dollars. He stated he then approached the CIP subcommittee to advise of the increase from $850,000.. to the S1.2 million d©llars and he was then.asked by the CIP subcommittee . :~ 11 ~,~~~ 21 ;t.-448 to make appropriate cuts across -the .board for all the fire. departments. ~He stated he approached the architect to inquire if the cost could be dac~reased, but the. bids came in at $1.2 million dollars. He stated the department. does not want the second floor completion alternate deleted because it is needed for personnel; however, the department does .not object to the deletion of the other alternates. Mr, Childress advised the price to complete the station is $355,000 with no alternates added in. He noted $380,000- would have to be added to that figure for the completion of the second floor. He stated $430,000 would- complete the project and include the cross-aver. Chairman MacManus stated the consensus of the Board is to move forward; however, he would like to minimize the amount of unappropriated funds utilized for this project. He stated the Board would be discussing later. the potential of going out to bid on the tower that may result in a potential savings of $200,000. He stated he would like for staff to apply -for grants, that any savings from the tower bid ~ be allocated to this project and request the Fire & Rescue Association to locate savings in the immediate short-term by deferring some projects. He inquired if the Board could make a motion to move forward with the project, yet. defer specifics as where the $430,000 would be coming from. County Attorney Stroman advised the Board that. funding must be ..committed before authorizing a contract. Chairman MacManus inquired if the County could proceed with the understanding that all the savings from the tower project and all the savings from the grants would be applied. to the fire department project, and .that. the Board- request the Fire & Rescue Association come up with a fixed amount of savings. Supervisor Bradshaw pointed out there a potential problem with the project being dependent upon the Fire & Rescue Association's guarantee. it would come up with a certain amount of savings. He pointed out that. the Fire & Rescue .Association might not come up with the funding. County Attorney Stroman advised that .the money must be appropriated before proceeding with the signing of a project. He noted there is no problem providing the direction that .both the Director of Budget and Finance and the Director of Emergency Management seek out other sources; however, if the funds are not available, the funds will. have to be taken from the unappropriated fund balance. .Chairman MacManus noted that if the Fire &. Rescue Association could not realize the savings, he would proceed with the Director. of Emergency Management's recommendation, 12 n i~ . t eoox 21.~a44 Mr. Bowser stated there is leeway on negotiating the contract price and there will be additional proffers,: although not all will,- :go towards the Carrollton Volunteer Fire Department.. He advised that the Carrollton Volunteer .Fire Department is against moving equipment items ..around; however, if it can be worked .out to -where the -truck.. for the Carrollton Volunteer Fire Department .can be ordered .with ~at least. a year payment put aside. and followed up in subsequent years -to pay the truck off, some of the money that is allocated toward the truck can be; put.towards the project. • Supervisor Claud pointed out that thc County is considering allocating funding fora $I.42S million. dollar facility, and he believes it would: be only reasonable -for the Carrollton Volunteer Fire Department to :come up with some of the funding by delaying a piece of equipment.. Mr. Bowser noted the Carrollton Volunteer Fire Department gave the County -the building for this project whch_is valued at between $40(1,000 ..and $500,000. • Supervisor Clark moved that the Board direct the Director of Budget :and Finance to pre-pare a resolution appropriating ..$430,004 .from the unappropriated fund balance as additional funding, for the- Carrollton Volunteer Fire Department expansion, but that staff :ensure .that any funds that are saved through the. bid process associated with the radio towers. be applied to offset .the $430,000; that any funds that are procured out of the . grant program be applied to offset the $430,400; that grants. be applied for by all parties through- the coordination of the Director of .Emergency Management; and, that the Fire and Rescue Association defer to the Director- of .Emergency Management if they can note come up :with savings in the amount of $100,000-out of the $430,000 approved by the Board. The motion; was adopted by a vote of- (5-0j with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion, and no Supervisors voting against-the motion.. Jim Whitacker, Vice-President of Engineering - with Atlantic Technology Consultants, Inc.. presented the Phase I .report for the County's radio systems :for public service, fire and rescue,. -.and. law enforcement . agencies. Mr. Childress advised within -the conceptual design, receive only sites may be placed at minimal cost to the County near the facilities at Smithfield- Packing, Gwaltney. Packing and International -Paper if the County is encountering problems. Supervisor Clark reminded that staff must keep. in mind .the total dollar figure, which should include the purchase of radios, as some of them will - not vwork on the new system. - I3 . -, eo~K 21 ~~'-450 Mr. Childress noted this is addressed in the cost estimate provided by. Atlantic Technology Consultants, Inc. Supervisor Clark moved :the Board accept the report. prepared by ATC. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in. favor of the. motion, and no Supervisors voting against the motion. Mr. Childress requested the Board approve the contract with Atlantic Technology Consultants, Inc., based upon the review and approval of the County Attorney. Chairman MacManus moved: the Board approve the contract with ATC, Inc., upon review and approval of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called. for the County Administrator's report. Sam Rosenthal, Rosenthal Insurance Consulting, briefed the Board on the County's :health insurance plan renewal. He stated proposals were received from various vendors and it was determined that -Anthem performed best. Anne F. Seward, Director of Budget and Finance, stated staff recommends a level employer contribution for the HMO, and if employees wish to pay more to get into the higher end plan, they can still- elect to do that. Supervisor Bradshaw stated he is an advocate for increasing the benefits for the County's employees and he is in support of Option l . Supervisor Claud stated he would also support Option 1, looking at~ the difference in the cost of the two (2) options. Chairman MacManus stated the County's costs are increasing, and while the Board does need. to take- care of the County's employees, the real world shows that the -cost percentage is continually maintained in the business community. He stated he would prefer Option 2; and would not be able to support Option 1. Supervisor Bradshaw pointed out that the County has some employees that only earn $20,000 per year. He stated .these employees also have families to cover, and have to spend $4,000. of their income on insurance. 14 rt _ ~ . Boor 21•;.x:451 Supervisor Bradshaw moved the Board direct staff to .proceed with renewal. of the insurance program utilizing Option #1. The. motion was adopted by a vote of (4-l) with Supervisors Bradby, Bradshaw, Clark and Claud voting in favor of the. motion, and Supervisor MacManus voting against the motion. Ms. Seward requested the Board's permission to negotiate with Anthem so that employees can take advantage of their, optional- dental coverage. if Anthem would ,agree- o not hold the County to the 3D% participation requirement. Supervisor-Bradshaw moved the Board direct the Director of Budget and Finance to negotiate with Anthem the provision of the optional dental -,plan should the County be able to meet the 30% participation requirement, as recommended by the Director of Budget and Finance. The motion .was adopted by a~ vote of (5-0) .with Supervisors MaclVlanus, Bradby, Bradshaw, Clark and, Claud .voting in favor. of the motion, and no Supervisors .voting against the. motion.. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, made reference to the update on the proposed Pay and Classification Plan contained in the agenda. . Supervisor Bradshaw moved- the Board delay action on-the matter. until the end of the meeting so that he could discuss particular legal actions with. the County Attorney inclosed session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, ..Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisorsvoting against the motion. .County. Administrator Casket' recommended that the Board move forward with the .Cash Proffer Study utilizing. the services of the Hampton .Roads Planning District (HRPDC). -~He stated the estimated by HRPDC staff is that the cost will not. exceed $9,900 and would be complete by the middle of April, 2003. Supervisor Claud moved the Board accept the proposal received from the Hampton Roads.. Planning District Commission. for the update of the Cash Proi~er Study .and authorize staff to proceed accordingly,.:The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the: motion, and no Supervisors woing against he motion. .Lyle D. Hornbaker, Information Services Coordinator, stated the assessment information for the County's website is near completion.. He presented an addendum .to the. contract with the County's website` consultant,.. upon .review and approval of the County. Attorney, for the Board's consideration.. 1.5 ., R soot 21:«~:f452 Supervisor Bradshaw moved the .Board. approve and authorise the Chairman to execute the addendum, subject to the review and approval of the County Attorney. The motion was adopted. by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor. of the motion; no Supervisors. voting against the motion; and, Supervisor Clark absent. for the vote. Mr. Hornbaker presented an update on the County's website server. He requested the Board approve. and .authorize the Chairman to execute -the addendum, subject to review and approval of the County Attorney. Supervisor Bradshaw moved the Board approve and authorize the Chairman to execute the addendum, subject to the review and approval of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor fi of the motion, and no Supervisors voting against the motion. County Administrator.. Caskey presented a Resolution to Accept. and Appropriate $17,000 from the Public School Division for the School Resource Officer Grant Program for the Board's consideration. Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SEVENTEEN THOUSAND DOLLARS FROM THE PUBLIC SCHOOL DMSION FOR THE SCHOOL RESOURCE OFFICER GRANT PROGRAM WHEREAS, the Isle of Wight County .Board of Supervisors has approved the application and acceptance of funding to provide School Resource Officers (SRO) at the Smithfield and Windsor High Schools; and, WHEREAS, local match funds in the amount of seventeen thousand dollars ($.17,000), or so much as shall be received from the Isle of Wight County Public Schools needs to be accepted and appropriated to the FY 2002-03 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 that .local match funds in the amount of seventeen .thousand dollars ($17,000), or so much as shall be received from Isle of Wight County Public Schools be appropriated to the appropriate line item in the FY 2002-03 Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the. County Administrator of the County of Isle of Wight is authorized. to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. I6 1 R ~~ eo~~ 21:~~~~453 The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting, in favor of the motion, -and no `Supervisors voting- against emotion. County Administrator Casket' presented a Resolution to Accept and Appropriate $30,000 in Utility .Inspection Fees to the Public Utility Fund Operating Budget for the Board's consideration. Supervisor Bradshaw moved the Board. adopt the following Resolution and direct -staff to provide a report reflecting :the cost comparison and advantages on a quarterly basis: RESOLUTION TO ACCEPT AND APPROPRIATE THIRTY -THOUSAND DOLLARS IN UTILITY INSPECTION FEES TO THE PUBLIC UTILITY ..FUND OPERATING BUDGET WHEREAS, the Board of Supervisors of the County of .Isle of Wight,' Virginia receives utility inspection fees for inspection services provided on new water and sewer infrastructure installed by various developers; and, WHEREAS, the Department will. be enhancing those services by employing an additional temporary part-time inspector to .assist with this service in order to keep up with the .construction development work load; and, WHEREAS,. the funds in the amount of thirty thousand dollars ($30,000} need to be accepted and appropriated to the appropriate line item in the FY 2002-03 Public Utility Fund. Operating :Budget of the County, of ` `' Isle of Wight, Virginia for the employment of a utility system inspector.. NOW, THEREFORE, BE IT AND IT IS HEREBY- RESOLVED by the Board. of Supervisors of the County of Isle of Night, Virginia that thirty thousand `dollars ($30,000) shall. be accepted .and appropriated to the appropriate line item in the .FY .2002-03 Public Utility Fund Operating Budget of the County of Isle of Wight. 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 io do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby; Bradshaw, Clark and .Claud voting in favor of he ..motion, and no Supervisors voting against the motion. County Administrator Casket' presented a contract for fixed- asset inventory that- staff recommends the Board authorize .the ,Chairman to sign, subject to the review and approval of the County Attorney. l? . ~ _ e~QK ~~ "w~;7~~ Supervisor Claud: moves the Board authorize the Chairman to sign the attached contract for asset inventory services pursuant to the review and approval. of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no .Supervisors voting against the motion. !/ Chairman MacManus called-for Old Business.' Supervisor Bradshaw commented that he planned on discussing with Congressman Forbes- when he meets with County officials on February 19, 2003 that the County be designated as a disaster area so that the farmers, instead of receiving low-interest loans, can receive grant funding for the loss ; of their livestock. Mr. Robertson suggested that the Board .may wish to press Congressman Forbes. on Congress' approval of the Federal budget,, which would include the funding for those farmers. Supervisor Claud inquired if the State budget has included funding. for the Extension Agent position. Mr. Robertson noted the position is included as a budget amendment and the position still needs to be voted on at the time that the entire state budget is voted on. // Chairman MacManus called. for New Business. Supervisor Clark moved the Board direct the County Administrator to evaluate the feasibility of a proposed grant. writer position on a part time basis and provide a recommendation on how to best pursue and administer a grants program once a grant is granted at the Board's. February 20, 2003 meeting. The motion was adopted by a -vote of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark inquired about the recent newspaper articles that referenced the County's methods of euthanasia utilized at the- Animal Control shelter: Mr. Robertson responded that the. County utilizes both methods of euthanasia, although the .primary method utilized is carbon monoxide. He noted the County is in compliance with state law and inspected quarterly by the state inspectors. 18 eoo~ 21 ~a~~4rJ5 Mr. Robertson stated that the County -was approached by Extension Office stag with a proposal they .developed and are now. offering to localities -with respect to a 4-H Extension Agent. He stated they are .proposing: to provide the County with the .opportunity. of-hiring a retired Extension .Agent and utilize local funds. that are. already. budgeted and have a memorandum of agreement with the State to do this.- He stated the 4-H Extension -Agent would be on the County's payroll as a part-time. temporary employee, and at 'any time the County received funds-.from the. state to bring on a full-time , Extension Agent, then the part-time position would: cease to exist. Supervisor Claud noted that while the: 4-H program is 'important, he -does not feel this position.. is quite.as important as the Agricultural Extension Agent.. He stated if the County is already funding the Agricultural Extension Agent full-time, he has aproblem-with funding the 4-H Extension Agent. Supervisor .Bradshaw moved. the -Board table the- :matter -until the end of the .meeting for further discussion in closed session. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor-ofthe .motion, and no Supervisors voting :, " against the motion. Chairman MacManus moved -that the .Board. direct: staff to research whether it can be included in the County's proffer statement that a developer voluntarily proffer-the sunset provision of five (~) years should no work be performed on the development, the zoning. approval would be .voluntarily rescinded; address drainage easements and BMPs to be the financial responsibility of the. developer; and, review the proffer statement as to its applicability to all new development. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud . voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus moved-the Board direct staff to provide County e-mail...- addresses -for the Board .members and that the County Attorney examine and evaluate the .retention issue for a-mail addresses for .all Board members and- employees- -with regard to County business.. The motion was adopted. by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion.. Chairman- MacManus moved that staff` provide the Board :with guidelines- for` usage of the County's. PEG channel far. its review and approval. The motion was adopted by a vote. of (5-0) with. Supervisors . MacManus, Bradby, Bradshaw, Clark and ,:Claud voting in favor of .the motion, and no Supervisors voting against the motion. Chairman MacManus recommended that the County's PEG channel , be utilized to provide information on hunting and trapping. public hearings. 19 ` ~. soar 21;x:-4~~ Chairman MacManus moved the Board direct the County Administrator to contact .the School. Superintendent and -set up a joint meeting between the Board and the. School Board members. Staff is to prepare an agenda in advance of the: meeting. The motion was adopted by a vote of (S-0) ..with ,Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion, and no Supervisors voting against the motion. Supervisor-Clark moved that the Director of Planning and Zoning be directed to provide the Board with the details of any stay order for .soil and erosion violations issued by the Department of Environmental Quality against the Eagle Harbor development. The motion was adopted by a vote of (S-0) with Supervisors. MacManus, Bradby, Bradshaw, `Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion.. // Chairman MacManus called for Appointments. .Supervisor Bradby moved the Board reappoint Otis (Pete Farmer), representing the Hardy District, on the Commission on Aging. The motion was- adopted unanimously (S-0). Supervisor Bradby moved the. Board reappoint Natalie Bradby, representing the Hardy District,. on the Commission on Aging. The motion was adopted unanimously (S-0). . Supervisor Bradshaw moved the Board appoint John Catron, replacing Arlene T. Dragseth, on the Senior Services of Southeastern Virginia. The motion was adopted unanimously (S-0). Supervisor Bradshaw moved. the. Board reappoint John M. Patterson, representing the Carrsville District, on the Wetlands Board. The motion was adopted unanimously (S-0). // County Attorney Stroman requested a closed session pursuant to Section 2.2-3711.A.3 of the Freedom of Information Act concerning discussion of acquisition of real property for a public purpose; under:Section 2.2-3711.A.7 concerning two (2) matters for consultation. with- legal .counsel regarding actual or probable litigation and consultation regarding specific legal matters requiring the provision of legal advice by counsel; under Section 2.2-3711.A.3 concerning three (3) matters concerning potential acquisition of .properly where disclosure could affect the County's bargaining position; under Section 2.2-371I.A.7 concerning three (3) matters requiring. legal counsel .and advice; under Section 2.2-3711.A.7 20 ,. ri goeK 21 ~~ ~~-45? concerning two (2) matters requiring potential litigation; and, under Section 2.2-371 l .A. l concerning a personnel. matter... Supervisor Claud moved the Board enter closed session for the reasons staled. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and .Claud voting in favor of the motion, and no Supervisors voting against the motion. 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, 'Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors. that .such closed meeting was conducted in..conformity with- Virginia aw; NOW, THEREFORE, BE IT RESOLVED that the Board of.:Supervisors hereby certifies that, to the best .of each members 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 rnatte~s as:wece identified in the motion convening the closed meeting. were ~ discussed or ~ considered n'y the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and. Claud NAYS: 0 ABSENT DURING VOTE: 0 . G s ABSENT DURING MEETING: 0 Supervisor Bradshaw moved the Board authorize staff to move forward with the development and, distribution of an RFP for consulting services to update the County's Pay .and Classification Plan. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, -Clark and Claud voting- in favor of the motion, and no Supervisors voting against the motion. .Supervisor Bradshaw moved the Board direct the County . Administrator to perform an evaluation of the human resource needs in the 21 -~ t eoox . 21:}:4158 County and make arecommendation -back to the Board, The motion was adopted- by a vote of (5-0) 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 direct staff to proceed with the potential acquisition of an easement pursuant to the discussion in closed meeting. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board table action on the proposal on -the Extension Agent until the Board's March 10, 2003 meeting and that staff provide an evaluation on the two (2) positions and the value that each will bring to the County. The motion ,was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Claud moved the Board direct-staff to proceed with the grant application for the Virginia Port Authority. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion, and no Supervisors voting against the motion. // At 10:05 p.m., Supervisor Clark moved the Board continue its meeting. until Wednesday,. February 19, 2003 at 11:30 a.m. for the purpose of meeting with Congressman Forbes. The motion was adopted unanimously (5-0). u ~~~ard K. MacManus, Chairman