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06-19-2003 Regular Meetingo ~ ee~r. 21 •~:65~~ REGULAR MEETING; OF• THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE .NINETEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Philtip 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 Mills Storm, Recording Secretary Chairman MacManus called the meeting to order at 6:00 p.m. // Supervisor Bradby delivered the invocation. ~~ ~ ~~ The Pledge of Allegiance was conducted. // Chairman MacManus called for approval of the agenda. Supervisor Bradshaw moved the Board approve the Agenda. The motion was adopted (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 indicated the Consent Agenda (Item 2) included the following items: A. 2004 Legislative Priorities B, Amendment #3 to the GIS Consultant Contract C. NACo Voting Credentials D. Fuel Bids 1 'a 9: f ~ .wi ... r ~= ~ E. Corrective Action Plan Status Report - FY2002 Audit F. Self Sustaining Water/Sewer Rates G. Prohibition of Through Trucks, Old Suffolk Road (Route 636) H. The request of Isle of Wight County to replace the .existing copper guttering on the School Administration Building at Isle of Wight Courthouse with an aluminum gutter system. I. Town of Windsor Request to Close Duke Street for 4`t' of July Celebration J. Actions of the Isle of Wight County Planning Commission Meeting of June 10, 2003 K. Delinquent Real Estate Tax Collection Monthly Report L. May 15, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. Supervisor Claud 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 Transportation Matters. James A Randolph, Planner, presented a request from VDOT to close a segment of Pruden Road (Route 696) to through traffic to expedite the final construction and hard surfacing of this roadway. Supervisor Bradshaw moved the Board adopt the. following Resolution and direct staff to notify the Pruden: Road residents of this segment closure: RESOLUTION REQUESTING THE CLOSURE OF A SEGMENT OF PRUDEN ROAD, ROUTE 696 WHEREAS, The Virginia Department of Transportation is currently reconstructing and hard surfacing Pruden Road, Route 696; and, • WHEREAS, The Virginia Department of Transportation is requesting that a segment of Pruden Road, Route.696, beginning at Holly Run Drive, 2 aoc~ 21 ~~rsf fta Route 615, and proceeding east one mile be closed to .through traffic beginning July 1, 2003 and lasting for sixty days; and, WHEREAS, The Virginia Department of Transportation desires that a resolution be adopted endorsing this request for a closure of a segment of Pruden Road, Route 696; and WHEREAS, Isle of Wight County supports having this .road project completed in an efficient and timely manner. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors endorses .this request by the Virginia Department of Transportation to close a segment of Pruden Road, Route 696, beginning at the intersection of Holly Run Drive, Route 615 and extending east one mile on July 1, 2003 and that the closure will not exceed sixty days from this date. The Resolution 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. Randolph notified the Board .that the Commonwealth Transportation Board .has approved the final Virginia Transportation Development Plan, which does include funding for the Smithfield/Newport News Commuter Bus Service. He stated that the Blackwater Bridge and the center turn lane on Church Street in Smithfield back to the construction phase has also been reinstated in the Plan. Supervisor Bradby requested the status of improvements to the area. at the Rushmere Volunteer Fire Station. Mr. Randolph offered to contact the VDOT Resident Engineer and request the status. Supervisor Clark reported that VDOT has filled in the ditches around the sidewalks and nearly completed its work in the Battery Park area. Mr. Randolph reported that the VDOT Resident Engineer's quarterly appearance will be at the July 17, 2003 meeting, and he would be preparing a draft list of all outstanding maintenance projects for the Board's review at its July 3, 2003 meeting. Supervisor Clark reported that the Gatling Pointe South Community Association- still has issues with traffic measures and he requested Mr. Randolph bring this to the attention of the VDOT Resident Engineer when he makes his quarterly appearance before the Board. 3 4•. eo~~ ~ zs r~h.ss7 Supervisor Bradby reiterated his request to have the pothole at the second driveway on Route 624 at the Rushmere Volunteer Fire Station repaired. He noted that the cedar tree also needs to be removed at ..the second driveway off Track Lane. Supervisor Bradshaw expressed the Board's appreciation to Mr: Randolph and Jamie Rock for their outstanding efforts with the Route 260 dedication. ceremony. Chairman MacManus requested the status of the work to be done with respect.to drainage easements on Rattlesnake Trail. Mr. Randolph offered to check to see if VDOT has scheduled this work. Michael Uzzell reiterated .his request fora .reduction in speed lima on Bowling Green Road and the survey on Central Hill Road .with respect to curve signs. Mr. Randolph offered to check the status of Mr. Uzzell's request. // Chairman MacManus called for Citizens Comments. Jerrianne Gardner of Carrollton informed the Board that a new group has been established in the County by the name of "Isle of Wight Water Watchers" whose responsibility is to monitor various creeks and. streams for a one (1) year period to create "baselines." She stated the following waterways. are involved in this effort: Lawnes Creek; Pagan River, Jones Creek, Cypress Creek, Titus Creek, and Ragged Island Creek. She noted this group would also obtain information on air temperature, dissolved oxygen, pH levels, water temperature, site observations, and the amount of rainfall. She stated the data would be available on www.alliancechesbay.or~ for public perusal. Ms. Gardner stated the meeting held by County staff, the Department of Historic Resources, the Isle of Wight Historical Society, and the Town of Smithfield with respect. to the. certified local government program and cost share grant for the County Archaeological Assessment was well attended. She stated the Historical Society has formed a task force with- respect to the old County cemeteries. .. Peter Munsell of Carrollton thanked the .Board for the listing of real estate appraisals being made available via the Internet. He noted that various local government meetings have not been published in the Daily Press newspaper in the .last month, and he would like these to be advertised on a continual basis for the public. 4 ..-~,,; eooK 21:af 668 Dr. James Johnson, founding Pastor of .Hill Street. Worship Center, requested financial assistance to continue his efforts to restore the Hill Street Worship Center building in Smithfield, Chairman MacManus suggested that staff send a letter to Dr. Johnson identifying what information is needed by the County so that the Board can further evaluate his request. Supervisor Bradby suggested that the Department of Tourism might be of some assistance with the staff evaluation as the request for financial assistance is for a historic. building.. // Chairman MacManus called for the County Attorney's report. County Attorney Stroman reported that in the matter of Burckard v. Isle of Wiaht County Board of Zonin~Appeals, the petitioner has sought a Writ of Certiorari from the Circuit Court appealing the Board of Zoning Appeals' grant of two (2) variances, He noted that he has filed a return on behalf of the Board of Zoning Appeals, to include a responsive pleading challenging petitioner's standing. He .stated that he would be seeking a hearing on that motion. in the near future, and he would keep the Board apprised of any progress. County Attorney Stroman .reported that he would be requesting a closed session pursuant to Section 2.2-3711.A.7. of the .Freedom of Information Act concerning consultation with legal counsel regarding actual or probable litigation or matters requiring the provision of legal advice; under Section 2.2-3711.A.1 regarding a personnel matter; and, under Sections 2.2-3711.A.3 and 6 concerning discussion or consolidation of the requisition of real properly for a public purpose and the investing of public funds where discussion in open meeting would adversely affect the County's position. County Attorney Stroman presented a proposed contract with Palmer and Cay Consulting Group .for an update to the County's employee compensation and classification plan, to include fringe benefits. He requested the Board authorize the Chairman to sign the contract on behalf of the County, subject to theCounty Attorney's approval. Supervisor Claud moved the Board authorize the Chairman to execute the contract with Palmer and Cay Consulting Group on behalf of the County, subject to the 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. 5 9~, eoeK 21.~~:~66~ County Attorney Stroman distributed copies of a revised contract with Wampler-Eanes Appraisal Group, Ltd. for assessment services required as a result of the move to biennial assessments for the two (2) year period commencing on July 1, 2004 and a second two (2) year period commencing on July 1, 2006. He recommended that the Board authorize the Chairman to execute the contract on behalf of the County, subject to the County Attorney's approval. Supervisor Claud recommended that Page 8, under total compensation, include language "per each reassessment cycle." Supervisor Clark moved the Board authorize the Chairman to execute the contract with. Wampler-Eanes Appraisal Group, Ltd. on behalf of the County, as amended to include language "per reassessment cycle." The motion was adopted by a vote of (5-0) with Supervisors MacManus, Brkdby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a proposed agreement for mosquito control and a surveillance program with the Western Tidewater Health District.. He recommended that the Board authorize the Chairman to execute the agreement, subject to the County Attorney's approval. Supervisor Bradshaw noted that the Department of Parks and Recreation and the Department of Public. Works had indicated inadequate manpower and resources to the Board during the budget process. He inquired if other duties of these departments are being pushed back in order to accommodate the mosquito program and noted that the agreement stipulates that the Department of Public Works will make available to the program one (1) or two (2) full-time employees, on an as-needed basis. Donald T, Robertson, Assistant County Administrator/Director of Human Resources, stated .the. intent of the agreement is for County staff to act in a support role. He stated he believes that some of the trapping to be performed will be done in a manner that does .not hinder. or create undue hardship on County staff. He .further stated based on the type of work that will be done, only one {1) employee from the Department of Public Works will be sufficient for the program. County Attorney Stroman offered to make a change in the agreement from two (2) employees to one (1) employee, which would reduce the demand. Supervisor Bradshaw stated if no other projects will be pushed to the side, his concerns have been dressed, and he believes the County can move forward with the program.. 6 [~ `~f 8Q~11 21 rAuf V / O Supervisor Clark moved the Board. authorize the Chairman to execute the agreement on behalf of the County with the Western Tidewater Health District for a mosquito control and surveillance program. 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. County Administrator Casket' presented a proposed amendment to the County's Central Purchasing. Policy which was considered by the Board at its June S, 2003 meeting and tabled upon request by the County Attorney so that staff could review comments made by the County Attorney. He noted for consideration by the Board is a resolution containing a significant majority of the County Attorney's comments, as well as staff comments. He recommended that the Board adopt the resolution amending the County's Central Purchasing Policy.. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO AMEND THE COUNTY CENTRAL PURCHASING POLICY WHEREAS, the Isle of Wight County Central Purchasing Policy addresses the County's policies and procedures regarding the purchase of goods and services for the County government; and, WHEREAS, the following amendment to the Central Purchasing Policy is necessary to incorporate required practices and ensure open and fair competition to the benefit of the taxpayers as required by the Virginia Public Procurement Act. NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED by the Board of .Supervisors of Isle of Wight County, .Virginia, that Central Purchasing Policy be amended to read as follows: CENTRAL PURCHASING POLICY Section 1.0 County Administrator as Purchasing Agent The Board of Supervisors of Isle of Wight County, Virginia, hereby employs and designates the County Administrator as the County Purchasing Agent for the County of Isle of Wight, Virginia to perform the duties hereinafter provided. The County Administrator may delegate such duties as he deems 7 eooK . 21.,:;~f,71 necessary, provided that :the person or persons. to whom duties are delegated is subject to his direct supervision. The Purchasing Agent shall serve as the principal purchasing official for the County, and shall have the duties and perform such functions as assigned. The County Purchasing Agent shall, under the supervision of the Board of Supervisors of Isle of Wight County, purchase or contract for all supplies, materials, equipment, and contractual services required by any department or agency of the County government. In addition, the Purchasing Agent shall have the authority to adopt appropriate regulations consistent with this policy. Section 1.1 Enforcement of Standard Purchasing Procedures The County Purchasing Agent shall draw up, subject to the approval of the Board of Supervisors, and enforce standard purchasing procedures which shall apply to all supplies, materials and equipment purchased for the use of the County government and he shall have charge of all central storerooms now operated or hereafter established by the Board of Supervisors and shall transfer to or between County departments and agencies or sell supplies, materials and equipment which are surplus, obsolete, or unused. Section 1.2 Rules and Regulations All supplies, materials, equipment or contractual services needed by one or more departments or agencies of the County .government shall be directly purchased or contracted for by the County Purchasing Agent. The County Purchasing Agent, subject to the approval of the Board of Supervisors, shall adopt, promulgate and from time to time amend, rules and regulations for the following purposes: a. Prescribing the manner in which supplies, .materials and equipment - shall be purchased, delivered, stored and distributed; b. .Prescribing the dates for making requisitions and estimates, the future period which they are to cover, :the form in which they shall be submitted, the manner of their authentication, and their revision by the County Purchasing Agent; c. Providing for the .transfer to or between County departments and agencies of supplies, materials and equipment which are surplus with. .one department or agency but which may be needed by another or ..others, and for the disposal by sale after receipt of competitive bids, of 8 BOOK 21 ~ar!~~2 supplies, materials and equipment which are declared obsolete and unusable; d. Prescribing the amount of deposit or bond to be submitted with a bid on a contract and. the amount of deposit or bond to be .given for the faithful performance of the contract; e. Prescribing the manner in which claims for supplies, materials, equipment and contractual services delivered to any and all departments and agencies of the County shall be submitted, examined, approved and paid; and f. Providing for such other matters as may be necessary to give effect to the foregoing rules and regulations adopted. Section 1.3 Competitive Bids All. purchases of, and contracts for goods and services shall be based. wherever feasible on competitive bids or competitive negotiation. If the amount of the expenditure is estimated to exceed thirty thousand dollars ($30,000), sealed bids or proposals shall, unless the Board of Supervisors shall provide otherwise, be solicited in accordance with sealed bid or proposal procedures as described by the Virginia Public Procurement Act, Said sealed bids or proposals shall be solicited by public notice. inserted at least once in a newspaper of general County circulation and at least ten- (10) calendar days before the final date of submitting bids or proposals. The County Purchasing Agent shall also solicit sealed bids or proposals by sending requests by mail to prospective suppliers and by posting notice on a public bulletin board in .general public view. Bids or proposals shall in all cases be based on such standard specifications as may be adopted by the County Purchasing Agent under the supervision of the Board of Supervisors. Sales of personal property which have become obsolete and unusable shall be based, wherever feasible, on competitive bids..If the amount of the sale is estimated to exceed five thousand dollars ($5,000), sealed bids shall, unless the Board of Supervisors provides otherwise,.. be solicited by public notice published at least once in a newspaper of county-wide circulation. at least five (5) calendar days before the final date of submitting bids. Section 1.4 Small Purchase Procedure All purchases of goods and /or services whereby the expenditure or sale is estimated to be less than thirty thousand dollars ($30,000) shall be solicited in the following mannere 9 4•. t 80G~t 210 ~~. ~ i 3 Up to $300 - Competitive quotes encouraged but. not required. Payment can be processed by submission of a payment voucher to the Department of Budget and Finance .and does not require a purchase order. $301 to $3,000 - Requires documented verbal vendor quotes and/or written vendor quotes received. from a minimum of three (3) sources whenever possible, A purchase order request is required to be submitted to the Purchasing Agent or designee with accompanying documentation for order processing. $3,001 to $30,000 Requires written vendor quotes received from a minimum of four (4) sources whenever possible. A purchase order request is required to be submitted to the Purchasing ,Agent or designee with accompanying documentation for order processing. Exceptions to the above small purchase procedures include: ® The purchase of items whereby a standing contract has been provided and /or a vendor has been identified for such purchases by the Purchasing Agent for use resulting in a more. advantageous cost and/or service to the County. - The purchase of goods /services necessitated by events constituting an emergency as defined by the Virginia Public Procurement Act. .The splitting of purchases to avoid the above established procurement levels is prohibited. Solicitation of vendors placed on the County's vendor list is encouraged to the extent. that. said vendors are determined to provide the most advantageous cost and !or service to the County. Section 1.5 Award of Bids All open market. orders or contracts made by the County Purchasing Agent, or by any County department or agency, shall be awarded. to the lowest responsive and responsible bidder, taking into consideration the qualities of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County government, and the delivery terms. Any or all. bids may be rejected. If all bids received on a pending contract are for the same unit price or total amount, the County Purchasing Agent shall have authority to reject all bids and to purchase the required i ~o eoo~ . 21 r~~ F7~ supplies, materials, equipment or contractual services in the open market, provided the price paid in the open market shall not exceed the bid price. All contracts shall be approved as to form by the Attorney for. the County who shall retain the original contract document for the County record and a copy of each long-term contract shall be filed with the Treasurer or other chief financial officer of the County: Section 1.6 Sufficiency of Funds Except in an emergency, no order for delivery on a contract or open market order for supplies, materials, equipment or contractual services for any County department or agency shall be awarded until the chief financial officer shall have certified that the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order. Whenever any department or agency of the County government shall purchase or contract to the provisions of this resolution or the rules and regulations made hereunder, 'such order or contract shall be void and of no effect. The head of such department or agency shall be personally liable for the cost of such order or contract and, if already paid for out of County funds,- the amount thereof may be recovered in the name of the County in an appropriate action instituted therefor by the County Attorney or his designee. Section 1.7 Negotiation for Professional and Nonprofessional Services The Board of Supervisors of Isle of Wight County, Virginia, does hereby delegate to the said County Purchasing Agent, the responsibility to engage in individual discussions with two or more offerors deemed. fully qualified for procurement of professional or nonprofessional services with the assistance of the Finance Director, Department head involved and/or other person or persons deemed knowledgeable in the area of the services being offered and to conduct negotiations with said offeror most meritorious pursuant to the provisions of the Virginia Public Procurement Act. Provided, however, that contracts for legal services may be entered into without competition. The Resolution 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.. County Administrator Caskey stated with respect to the 2004 and 2006 assessment contract with Wampler-Eaves Appraisal Group, Ltd., he . would recommend that the Board approve an internal transfer of funds to cover the cost in the amount of $30,000. 11 .; eocK 21:a~~f75 Supervisor Claud further moved that the Board approve the internal transfer of funds to cover the cost in the amount of $30,0.00. 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. E. Wayne Rountree, P.E., Director of Public Utilities, requested the Board authorize staff to write-ofd the 281 Public Utility customer accounts that have been delinquent since 1991 in the amount of $25,665; adopt the utility billing collection procedures; authorize the County Attorney to advertise the proposed amendments to the Public Utility -Water and Sewer Ordinance for public hearing at the Board's meeting of July 17, 2003; and, authorize. the issuance of an RFP for utility billing and collection agency services. .Supervisor Bradshaw moved that staff is authorized to write-off the first 178 delinquent accounts; that the County Attorney be directed to review the remaining 103 accounts; and, following his review and determination that they can not be collected, that he be authorized to also write-off these remaining 103 accounts. 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 further moved that the Board adopt the Utility Billing Collection Procedures, as recommended for the pursuit of utility account balances due; authorize the County Attorney to advertise the proposed amendments to the Public Utility Water and Sewer Ordinances for a public hearing on July 17, 2003; and, authorize the issuance of an RFP for utility billing collection agency services., 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 inquired if information concerning accounts that have been written-off should be shared with the Towns of Smithfield and Windsor. County Attorney Stroman advised that delinquencies such as .above are subject to the County filing suit; therefore, the expectation of privacy is not there. Supervisor Claud suggested that a reciprocal agreement with the Towns of Smithfield and Windsor for accounts that are written off be prepared. Supervisor Bradshaw suggested that either the County Attorney could address this or the matter could be brought before the Intergovernmental Relations Committee. 12 8001 21 ~Ab"U7~ Chairman MacManus noted that the .Board would place the matter on hold until a reciprocal agreement with the Towns of Smithfield and Windsor can be prepared. Donald T, Robertson, Assistant County Administrator/Director of Human Resources, stated with respect to the environmental management system project, additional information has been received that indicates that staff is proceeding down a path that will cost the County more money than originally anticipated and the scope of that project ~is much larger than staff originally understood it to be. He stated the timetable for the internal audit of where the County is environmentally has .changed, although staff is still within a timetable to complete the overall project by December, 2004a He stated SPSA has advised that rather than the County developing an EMS for the entire organization, it would be better served to implement an EMS fora department. Supervisor Claud moved that the Board direct. staff to examine the needs, and if there is a need, set those priorities and come back to the Board with a recommendation and the benefits of proceeding or not proceeding and that the $15,000 already funded be rolled to the next fiscal year. 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. Robertson presented afollow-up report on information from York County representatives relative to mosquitofish with respect to mosquito control. He stated before staff could proceed, the County must first go through a permitting process, which is approximately $40. He stated the mosquitofish can be .acquired at no cost, but the County would be responsible for picking up the mosquitofish from York County. Supervisor Bradshaw moved that the Board direct staff to place the issue of mosquito .fish under Old Business for the Board's July 3, 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. // At 7: 00 p.m., Supervisor Bradshaw .moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). // Chairman MacManus called for a public hearing on the followings 13 4; t t/1 OaoK ~ 21 r~r~6 r A. Transportation Enhancement .(TEA-21) Grant Funds/Josiah Parker Family Cemetery Project Debbie J. Sivertson, Administrative. Analyst, stated pursuant to the Board's endorsement of the County applying for a grant in the amount of $88,000 for the Josiah Parker family cemetery at the Board's June 5, 2003. meeting, this is the required public hearing and resolution required by the Commonwealth Transportation Board for the grant application. Chairman MacManus called for persons to speak in favor of, or in opposition to, the grant. Pat Clark of .Twin Hill Lane stated Congressman Forbes has expressed interest in acquiring the funding to support the County's purchase of the cemetery and that his office would aggressively pursue the request again at the beginning of the budget cycle. He stated he is in support of this grant and in continuing a request for a Federal grant through Congressman Forbes, County Administrator Caskey advised the Hampton Road Metropolitan Planning .Organization recently endorsed 'this project at its recent meeting. Chairman MacManus closed the public hearing and called for eoanments from the Board. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE COLONEL JOSIAH PARKER FAMILY CEMETERY AND MEMORIAL PARK PROJECT WHEREAS, in accordance with the Commonwealth Transportation. Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program may approve a transportation enhancement project in the County of Isle of Wight, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, requests the Commonwealth Transportation Board to approve and establish project funds. for the Colonel Josiah Parker Family. Cemetery and Memorial Park Project, BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight. hereby agrees to .pay a .minimum twenty (20) percent or an amount not to exceed $22,000 of the total cost for the planning 14 and design, right-of--way,. and construction of this project, and that, if Isle of Wight County subsequently elects to cancel this project the County hereby agrees to reimburse the Virginia Department of .Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. The Resolution 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 public hearing on the following: B. The application of Ronald W. and Lois R. Little for a change in zoning classification from RAC to Conditional Rural Residential of approximately ten (10) acres of land located on the south side of Burwells .Bay Road (Route 621) west of Moonlight Road (Route 627) in the Hardy Election District. The purpose of the application is for asingle-family residential lot as conditioned. Jonathan W. Hartley, Director of Planning and Zoning, advised that the Planning Commission discussed the two (2) proffers letters that have been consolidated into one (1) letter, and that he has received the letter prior to the. commencement of the public hearing, Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. Lois R. Little, the applicant, requested the Board approve the rezoning of a ten (10) acre parcel of land located on her property. Chairman MacManus closed the public hearing and called for comments. from the Board. Supervisor Bradby moved the Board approve the application of Ronald W. and Lois R. Little, with the proffers presented. 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 public hearing on the following: C. The application of Eagle Harbor, LLC for a change in zoning classification from RAC to Conditional General Commercial of approximately 15,000 square feet. of land located in Tract 12 of the Eagle Harbor Development, which is located on the north side of Carrollton Boulevard (Route 17) in the Newport Election District. The purpose of the application is to rezone the well lot with the same conditions as Tract 12. 15 eo~r ~ 21.~~~67~3 Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. William Riddick, Attorney representing the applicant, stated the parcel consisting of -.31 acres was sold by the Board to Eagle Harbor, LLC in August, 2002 and had formally been a well site that is no longer used by the County. He stated the. site contains an easement that is interfering with development, and Eagle Harbor, LLC is requesting that this property be zoned in the same manner as the rest of the commercial tract so that it can be used for setbacks. Thomas Finderson of the. Newport District advised that there is not a sign located on the property indicating a rezoning. He stated tract 12 has 69% impervious surfaces and the adjoining tract contains 64% impervious surfaces. He stated approving this rezoning would only increase the storm water coming off the property, raising it to 72% impervious surfaces. He noted that a fair proffer for this property would be $1,000. Chairman MacManus requested that staff address the issue of the signage not being posted on the property. Mr. Hartley stated the posting of the sign, based on the provisions of the County's ordinance, is there to alert citizens. He stated posting is a requirement of the ordinance; however, it is not mandatory, and the County holds the property owner responsible for posting of signs. County Attorney Stroman advised that Section 10-300B of the County's ordinance states that additional requirement of posting notice for the property is for the benefit of the public to identify the location of property in question only and is not a legal requirement of the notice. Mr. Hartley advised the Board, upon inquiry from Chairman MacManus, that the 13,000 square foot parcel would be added to Tract 12 and developed as part of Tract 12 under the conditions approved in 1998. Supervisor Bradshaw inquired if the comments posed by Commissioner Alexander with respect to traffic had been addressed relative to the closure of the road on Route 17. Mr. Hartley stated staff did forward Commissioner Alexander's comments VDOT with respect to any future development. Chairman. MacManus closed. the public hearing and called for comments from the Board. Supervisor. Claud moved the Board approve the application of Eagle Harbor, LLC. The motion was adopted by a vote of (5-0) with Supervisors 16 eoo~ 21 •~;~f X30 MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following: D, The application of Smithfield Downs Ltd. and PMP, LLC for a change in zoning classification from RAC to GC to Conditional SR, Conditional UR and Conditional GC of approximately 116 acres of land .located on the north side of Brewers' Neck Boulevard (Route 258 and 32) between Benns Church Boulevard (Route 10) and Reynolds Drive (Route 665) in the Newport Election District. Thepurpose of the application is for detached single family residences, attached single family residences-condominiums and general commercial as conditioned, Mr. Hartley stated he .distributed copies of the revised proffered conditions to the. Board prior to its meeting tonight reflecting a change in Item 12 on Page 3 where the cash proffer for single-family detached dwellings has been increased from $5,000+ to $6,895. He stated he further distributed to the Board prior to its meeting a letter from the U.S. Department of Interior, along with two (2) maps, describing the Department of Interior's interest with respect to St. Luke's Historic Church. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. William Riddick, Attorney for the applicant, stated 89.3 acres is proposed to be rezoned from its current RAC to Conditional Suburban Residential for 161 single-family residences; the remaining 21 acres is proposed to be rezoned to Conditional Urban Residential for no more than 200 multi-family attached condominiums; and, a 6.6 acre General Commercial component adjacent to the highway. He stated the property is located in the Northern Development Service District at the Benns Church intersection, adjacent to Historic St. Luke's Historic. He stated the overall design is consistent with the County's Comprehensive Plan, which identifies the property as an appropriate place for this type of development. He stated with respect to proffers, the developer has proffered that the number of units be changed to 361, of which 161 would be single-family detached residences; that this development would be an age-restricted community, of which 80% of the units would have to have at least one (1) resident that is ..age 55 or older, and none of the residences could have residents who were under the age of 19 who reside there more than 90 days in any twelve-month period; his client has developed a design that includes a 4.6 acre buffer immediately adjacent to the Church, worth approximately $250,000, as well as buffer resulting from the comments offered by the congregation of Campbell's Chapel; that voluntary cash proffers have been offered at the full amount of $6,895, which would apply to the 161 single-family residences, of 17 eooa : 21 ~a~= ~1 ~ i which the County would also be yielding $8,000 per unit in water and sewer tap fees; that a review process be held by the Planning Commission with the condominium section to determine its overall appearance and layout, as well as the need for connectivity to the northeast and northwest of this property. He stated his client has also developed a mechanism, in consultation with the Director of Planning and Zoning that would establish a method for determining the cost and timing for signalizing the entrance. William E. Laine, Jr., representing the Board of Directors of Historic St. Luke's Church, stated the development of the proposed rezoning will still have a visual impact on Historic St. Luke's Church and will .incompatible with the historic nature of the property. He stated that while the proposed rezoning is in an area of the County that is being rapidly developed, he feels Historic St. Luke's Church is important and should have special considerations given to the area. He stated the setback offered by the developer is inadequate to protect Historic St. Luke's Church. Frances Olsen, member of the Board of Directors of Historic St. Luke's Church, presented photos of the view of the existing golf course that she would like maintained. She also presented photos of Queens Anne Court in which vinyl sided homes show through the trees. She requested that the Board deny the rezoning request. Thomas Finderson, Newport District, stated the density is incompatible for age 55 and older use; the traffic studies are incorrect as they do not. address the backup traffic at Benn's Church; the proffers of approximately five (5) acres are not clear; the 225 feet from the boundary line to the lot line is not adequate distance from the Church; and, there are inadequate public facilities for the proposed school children at this time. Sharon Hart, Newport District, stated 225 feet is not an adequate buffer between Historic St. Luke's Church and the proposed development. She reiterated that the County does not have adequate .public facilities at this time. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw inquired with respect to proffers (9) and (10) how a buffer is defined. County. Attorney Stroman answered that the proffer is defined to what the developer has put down in writing. He stated the Board does not have sufficient details in the proffers to determine what the buffer. consists of and the developer is bound only by his written proffers. Supervisor Bradshaw asked the County .Attorney to explain what proffer (13) entails. 18 BOOK. 21 •-.•" 6i~3? County Attorney Stroman advised that the developer is giving approval to the Planning Commission for design and layout, .but the terms are not defined. He stated if the .developer presented a design and layout that the Planning Commission denied, but the developer proceeded with, it would be a situation that he would recommend the Board litigates Supervisor Bradshaw inquired what proffer (14) entailed. County ..Attorney Stroman stated proffer (14) is vague and it would only mean what it would mean to a judge, and the same for proffer (15). Supervisor Bradshaw inquired if the Planning Commission agreed to the exceptions in proffer (16). Mr. Hartley advised that the Planning Commission recommended denial and were in receipt of these proffers when they made their recommendation to the Board. Supervisor Clark noted traffic and congestion concerns as the proposed .development is in close proximity to an already congested intersection. He stated before he would favorably consider any proposed development in proximity to Benns Church and Historic St. Luke's Church, it would have to have an extremely wide landscape and vegetated buffer zone. He stated there are also not adequate public facilities in place at this time. Chairman MacManus referenced a letter from the Department of Interior which stated that landscape surrounding a rural church is critical to its identity, and Historic St. Luke's Church was originally built as a rural church and has remained so for approximately 350 years. He continued that the fact that there is no other church like this in the United States imposes a very high standard, if at all possible. He stated the Department of Interior did recommend that the buffer be larger. He commended the developer for working with the County to provide full cash proffers for the single-family. detached homes and age restrictions; however, proffers don't only pay for schools, but also fire and rescue and other issues. He stated he would defer to the Department of Interior's opinion that the buffer is not sufficient to protect Historic St. Luke's Church. Supervisor Bradshaw agreed with Chairman MacManus' comments, particularly with respect to the historical landmarks. .Supervisor Bradshaw moved the Board deny the application of Smithfield Downs Ltd. and PMP, LLC. 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. 19 eo~K `Z~ '~;;~F`~ 3 ~i Supervisor Bradshaw moved the Board return to the regular order of the agenda and continue with the County Administrator's report. The motion was adopted unanimously (5-0). Mr. Robertson stated Supervisor Claud advised staff at the Board's regular meeting of February 20, 2003 that he had received a call from a livestock owner advising that his cattle .had been killed by a pack of wild dogs. He noted that the Board had directed staff at that time to research the matter and report back to the Board on whether or not compensation can be received by the livestock owner for his loss of livestock. He stated staff then contacted the Animal Control Department and was advised that the livestock owner had appropriately advised that Department of the death of 36 heads of cattle. Animal Control Officer Barlow advised that several dogs have been trapped and/or killed in the area that the livestock was killed; however,. no dog owners have been identified: He stated relative to the provisions of the Code of Virginia, the value of the livestock and compensation due to the livestock owner is $11,400. Supervisor Claud moved the Board .compensate the livestock owner in the amount of $11,400, to be taken from the County's contingency fund, for the deaths of thirty-six (36) cattle caused by wild dogs under the provisions of the Code of Virginia.. 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. Robertson stated this is a State Code provision that does not afford the County the ability to say "no", nor the flexibility of the Board determining its own value, and the Board may wish to direct staff to pursue this as part of the County's legislative priorities. Supervisor Bradshaw moved that the Board direct staff to send a letter to Delegate Barlow and Senators Councill and Quayle, with a copy to the Virginia Association of Counties, advising the details of this incident and the hardship .placed upon the County as a result. 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 that staff be directed to evaluate the current claim form and develop a formal way to process these types of claims in the future: 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. 2b eooK 21 ~~.:-F s~.~ County Attorney Stroman recognized and thanked Officer Bazlow for his diligent and professional manner during the investigation.. He noted that he would soon be leaving the employ of the County, and extended his best wishes and offer for employment with the County in the future should he desire to return. County Administrator Casket' requested that the Board consider appointments for the County's 2004 assessment to the Board of Assessors. Supervisor Claud moved the Board appoint James W. Holland, representing the Windsor District, on the Board of Assessors. The motion was adopted unanimously (5-0). Supervisor Clark requested the Director of Budget and Finance provide him with information on how often the Board of Assessors meet and the amount of compensation received. // Chairman MacManus called for Old Business. A. Vote of Supervisor Bradshaw/Certification Resolution for Closed Session With respect to the vote on closed session at the Boadd's June 5, 2003 meeting, Supervisor Bradshaw voted "yes" to the Certification Resolution considered by the Board following their closed session. Supervisor Clark moved the Board appoint Sandy Schlaudecker to the Youth Services Advisory Board, representing the Newport District. .The motion was adopted unanimously (5-0). Supervisor Clark requested that staff be directed to provide Ms. Schlaudecker with a copy of the .Youth Services Advisory Board budget, its mission statement, and a copy of its bylaws. Supervisor Claud moved that the Board direct staff to send a letter to all the local newspapers advising that the Board would appreciate their posting meeting notices for the various .boards, per the request of citizens. 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. County Administrator Caskey presented a resolution in recognition of the contributions of Reverend Joseph J. Ferguson for the Board's consideration. Supervisor Bradby moved the Board adopt the following Resolution: 21 T; eaa~ 2i •.,, Efi RESOLUTION IN RECOGNITION OF THE CONTRIBUTIONS OF REVEREND JOSEPH J. FERGUSON WHEREAS, Reverend Joseph J. Ferguson has had a significant impact on the lives of citizens in Isle of Wight County; and, WHEREAS, Reverend. Ferguson has served faithfully and capably as Pastor of Chapel Grove United Church of Christ from December 1971 until - his retirement in December 1998; and, WHEREAS, Reverend Ferguson's contributions of time and talent as a Pastor and Teacher have significantly improved the quality of life for many citizens inlsle of Wight County; and, WHEREAS, the members of Chapel Grove United Church of Christ in cooperation with other area churches will honor Reverend Ferguson. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its appreciation for the significant contributions of Reverend Joseph- J. Ferguson to the citizens of Isle of Wight County. The Resolution 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 New Business. County Administrator Caskey notified the Board that the County has been advised that it has received a NACo "Best of Category" 2003 Achievement Award, based on the category for rural communities for the Nike Park Skate Park. Chairman MacManus .requested that staff prepare a letter of appreciation from the Board to the Director of Parks and Recreation and the families who made the skate park at Nike Park a reality. Chairman MacManus reported for the Board's information that he recently attended the kick-off for the Jamestown 2007 Recognition program. He stated .flags would be flown at Boykins Tavern and the Town of Smithfield for its new schoolhouse museum project. Chairman MaclVianus inquired if the Board .would be supportive of contributing $5,000 from the County's contingency fund in the reserve for next fiscal year, in conjunction with Smithfield .Foods and .the Town of 22 ®a`~ , 21.~~~Ei~~ Smithfield, to make a permanent establishment for musical performances in the Town of Smithfield. .The Board noted its concurrence that it would be agreeable with considering the request next fiscal year. // County Attorney Stroman requested a closed session pursuant to Section 2.2-3711.A.7. of the Freedom of Information Act concerning consultation with legal counsel regarding actual or probable litigation or matters requiring the provision of legal advice; under Section 2.2-3711.A.1 regarding a personnel. matter; and under Sections 2.2-3711.A.3 and 6 concerning discussion or consolidation of the requisition of real. property for a public purpose and the investing of public funds where discussion in open meeting would adversely affect the County's position, Supervisor Claud moved the Board enter closed session for the reasons stated. The motion was adopted unanimously (5-0). . Supervisor Bradshaw moved the Board return to open session. The motion was adopted unanimously (5-0). Supervisor Bradshaw 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 law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby. certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to'which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud 23 so{~ 21 •~~:~E~? NAYS:0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 .Supervisor Bradshaw moved the Board change the meeting time from 2:00 p.m. to 4:00 p.m. for the Board's July 3, 2003 meeting and direct staff to advertise 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 voting against the motion. Supervisor Bradshaw moved the Board direct a response on the. real property matter discussed in closed 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 Supervisors voting against the motion. Supervisor Clark moved the Board .appoint Thomas Finderson to the ..Board of Assessors, .representing the Newport District... The motion was adopted unanimously (5-0). /I At 8:45 p.m., Supervisor. Bradby moved .the Board adjourn. The motion was adopted unanimously. (5-0). ~~~..~. Richard K. MacManus, Chairman W. Doug C key, Cle 24'