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08-07-2003 Regular Meeting eooa . 21 ~~„R i `fit) REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD. THE SEVENTH DAY OF AUGUST IN THE YEAR TWO TI-~OUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr, . Atso Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey Mills Storm, Recording Secretary Chairman MacManus called the meetingto order at 4:00 p.m. // Chairman MacManus delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman MacManus called for approval of the agenda. County Attorney Stroman requested that an additional transportation matter be added to the agenda, as requested by the County Administrator, .and that six (6) items be added to the Closed Session, as follows: a matter pertaining to advice of counsel regarding specif c legal matters under Section 2.2-3711-A.7 of the Code of Virginia, two (2) ~ items regarding discussion of a prospective business prospect where no prior announcement has been made under Section 2.2-3711.A.5; a matter involving investment of public funds where the discussion and open meeting would jeopardize the bargaining position of the public. entity under Section 2.2-3711.A.6; and, three (3) personnel matters under Section 2.2-3711.A.I, for a total of twelve (12) closed session items. Supervisor Claud moved the Board approve the Agenda, as amended. 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. 1 .; ,.- eoo~ , 21.~:;~7~1 i> Chairman MacManus called for Special Presentations. Grace Keen, Chairman of the Beautification Committee, requested the Board support a ceremony in memory of the victims of September 11, 2001. and in honor of the County's emergency and law enforcement personnel. Supervisor Claud moved that the Board approve her request to hold such. ceremony on September l 1, .2003 at 8:45 a.m. at Riverview Park Memorial Garden in Smithfield. 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. Mrs. Keen further requested that the County consider the designation of an annual "Day of Remembrance and Honor for September 11, 2003" in the County. Chairman MacManus moved that the Board direct staff to investigate what the Federal and State governments will be doing to recognize this significant date and provide a report back to the Board for action. 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. Glenn T. Rountree, Isle of Wight County. Extension Agent, briefed the Board on the impact to the poultry operations in the County as a result of the recent closing of the Perdue operations. He distributed a Perdue Press Release dated June 20, 2003 addressed to the fifteen (15) contract growers in the State of Virginia, eleven (11) of which are located in the County. He stated the impact to the County will be approximately $1.485 million dollars in lost gross income, He stated there are limited substitutions for .poultry houses. He further stated he recently spoke with Jack Kelly, a government liaison between Perdue and government agencies, who informed him that each company was compensated in the five (5) figure range and that Perdue continues to do a lot of business in the Commonwealth of Virginia.. Supervisor .Bradshaw moved that the Board direct the County Administrator and the County's Extension. Agent to draft a letter to the members of Congress and the .Senators expressing the County's. concern and requesting their .support responsive to the cancellation of the Perdue contracts in the County. Staff is to include in the letter the negative impact the recent farm bill has had on the County, as well as to the County's plans for preserving farmland in the County. Staff is also to determine if there is any applicable disaster aid available. The :motion was adopted (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. 2 eoo~ ~ 21=~=P ~~ ii Chairman MacManus indicated the Consent Agenda (Item 2) included the following items: . DEQ/Public Notices for July 28, 2003 Information on Southern Growth Policies Board . Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds from the Virginia Department of Health for Youth Programs . Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Technology Planning for E-911 Wireless Services Resolution to Accept and Appropriate $38,779 from the Office of Domestic Preparedness Equipment Grant Program ..Resolution to Accept and Appropriate. $111,495 from the Office of Domestic Preparedness Equipment Grant Program Resolution of Gift of a Mobile Radio Unit to the Chuckatuck Volunteer Fire Department for Use in Providing Fire Services Administration Building Construction and Renovation Progress Report Resolution to Revise the Isle of Wight County Travel Policy . Action List Status Update . July 3, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. Supervisor Claud moved the Board adopt the above Consent Agenda. 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 motion. // Chairman MacManus called for Regional Reports. 3 +•. eoow 21:~;:~7~3 Supervisor Claud reported there will be a meeting of the Executive Committee of the Coalition of High Growth Communities on Monday, August 11, 2003 at 4:45 p.m. at the LGOC Conference in Norfolk. He stated he would report back to the Board on the results of that meeting. County Administrator Caskey reported he attended the South Public Service Authority (SPSA) meeting. He noted one of the primary points of discussion was a Bill comparable to Senate Bill 592 that may be reintroduced in the upcoming General Assembly session whereby the Governor is proposing to impose a $5 per ton fee on waste disposal in Virginia. Chairman MacManus noted that he would be attending a SPSA committee meeting on Tuesday and will follow-up on this issue. Supervisor Bradshaw reported that the LGOC Conference is scheduled for the upcoming weekend, and that he would be attending the VACo Board of Directors meeting on Sunday, August 10, 2003. /I Chairman MacManus called for Transportation Matters. Chairman MacManus congratulated James A. Randolph, Planner, on his recent appointment to the Town of Windsor. Mr. Randolph presented the final Revenue Sharing Program allocations for Fiscal Year 2003-2004. He noted that VDOT will be funding Muddy Cross Drive, Campbells Chapel Drive and the Duck Town Road projects. Supervisor Claud. moved that the Board authorize the County Administrator to sign a letter to VDOT requesting a bill for any local contributions to the Revenue Sharing Program. 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. County Administrator Caskey -noted VDOT, and its consultant, conducted a recent public scoping meeting to study the proposed improvements and possible realignment of Route 460 between the Petersburg area and Hampton Roads. He stated the. Board made a motion at its July, 2001 meeting that its supports an alignment that is approximately the current Route 460 alignment in .the existing towns along the Route 460 corridor, as illustrated in the County's Comprehensive Plan. He recommended that the Board adopt a Resolution to Support an Alignment. of U.S. Route 460 that is in Proximity to the Current Alignment which reiterates the position the Board took in July, 2001 and provides clarity to 4 eoca . 21 ~»+-~73~ issues that may need to be considered as VDOT continues to move forward with its consideration of this project. Supervisor Claud stated VDOT was previously looking. at an area north and south of the existing Route 460, and is now considering Route 10 south to Route 460. He expressed concern with the proposed route through the County several miles north. of the existing Route 460 that is being discussed. He encouraged the Board to exert its influence'to ensure that this thinking is stopped early as any interstate highway through the middle of the County would be devastating. He recommended, in addition to sending the Resolution, that staff set a meeting with representatives of Norfolk Southern as it would be of interest to the railroad to have the new road located in close proximity to it, as well as reactivating the subcommittee of the Hampton Roads Planning District Commission of the cities and counties that were interested in the Route 460 project. He further recommended that staff coordinate its efforts with the Town of Windsor. He requested that staff investigate and make contact with the General Assembly members that were on the Route 460 committee and solicit. their support. County Administrator Caskey recommended that language be added to the second page of the Resolution to state, "to conduct an analysis of the economic impact to those specific areas and/or incorporated towns affected by any proposed realignment of the Route 460 corridor." He further recommended that, in the last paragraph, "that the Board of Supervisors requests VDOT to also evaluate the potential impacts to the land use and character of the areas included in any proposed realignment" be added. Chairman MacManus stated the economic development model, in addition to the County's Comprehensive Plan, needs to be supported by the Route 460 project, as well as to the neighboring communities to the east and west. He noted that the upcoming Local Government Officials Conference would be an opportune time to find out who is in favor of keeping the original Route 460 alignment and even discuss a VACo sponsored task force. Supervisor Claud moved that the Board approve the following Resolution, as amended, and that the Board authorize staff and him to pursue a meeting with the railroad and others, as appropriate, to ensure that the County's interest is protected in the Route 460 Study: RESOLUTION TO SUPPORT AN ALIGNMENT OF U.S. ROUTE 460 THAT IS IN PROXIMITY TO THE CURRENT ALIGNMENT WHEREAS, the Virginia General Assembly has enacted legislation to require the Virginia Department of Transportation to solicit proposals for improvements to U. S. Route 460 between Hampton Roads and the 5 *'. eooa 21.»:~'~:~5 Richmond-Petersburg metropolitan area under the Public-Private Transportation Act of 1995; and, WHEREAS, the U. S. Route 460 Corridor provides a gateway to southside Hampton Roads, as well as, an evacuation route in the event of a natural disaster or terrorism; and, WHEREAS, U. S. Route 460 is important to the well-being of economic development in Isle of Wight County; and, . WHEREAS, at its regular meeting on July 19, 2001, the Board of Supervisors unanimously adopted a motion supporting an alignment of Route 460 that is in proximity to the current alignment and the existing Towns along the Route 460 Corridor, as illustrated in the County's Comprehensive Plan and supported by the County's economic development strategy. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the Board of Supervisors reiterates its support of an alignment of Route 460 that is in proximity to the current alignment and the existing Towns along the Route 460 Corridor. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia requests the Virginia Department of Transportation (VDOT) to consider expanding the Route 460 study area to include additional land .area south of the current Route 460 alignment. BE IT FURTHER RESOLVED that the Board of Supervisors requests VDOT to conduct an analysis of the economic impact to those specific areas and/or incorporated Towns affected by any proposed realignment of the Route 460 Corridor between Hampton Roads and the Richmond-Petersburg metropolitan area. BE IT FURTHER RESOLVED that the Board of Supervisors requests VDOT to also evaluate the potential impacts to the land use and character of the areas included in any proposed realignment of Route 460 between Hampton Roads and the Richmond-Petersburg metropolitan area. The motion was adopted (S-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Claud requested the status of the .drainage problems in Central Hill. Supervisor Bradshaw requested that. Mr. Randolph set up a meeting with Messrs.. Walker and Uzzell. 6 21 'ar'~~~° soar Supervisor Clark requested that Mr. Randolph investigate the status of the drainage complaints on Battery Park Road from residents in Gatling Point. Supervisor Clark moved that the Board direct staff to notify VDOT that the Gatling Pointe Community. Association. is desirous of having a speed limit reduction on Battery Park Road at the intersection of Gatling Pointe South and North. 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. Supervisor Clark. requested that Mr. Randolph take appropriate action to install plastic dividers in the middle of Route 17 so that motorists can not enter into the Food Lion southbound on Smith's Neck Road and also a left turn out of Food Lion going south on Smith's Neck Road. Mr. Randolph notified the Board of a meeting he has scheduled with the VDOT Resident Engineer on Monday, August 11, 2003 to advise him of current projects and Board requests. Supervisor .Bradshaw moved that the Board direct .staff to pursue setting a meeting with the Commonwealth Transportation Board representatives in the area to discuss drainage issues, Staff is to .take pictures to present at the meeting illustrating the drainage concerns in the County. Delegates Barlow and Councill and Senators Lucas and Quayle are to be invited to the meeting. 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 called for Citizens Comments. Albert Burckard advised the Board that the Isle of, Wight Historical Society is currently working towards submitting an application to request Nike Park be designated a State Historic District status. He requested the Board's support in this regard in the form of a resolution. Supervisor Bradshaw moved that the Board direct Mr. Burckard, as a member of the Isle of Wight Historical Society, to meet with the appropriate members of staff and have information available that would be provided to the Board if a resolution is to be presented to the Board at its August 17, 2003 meeting regarding what the commitments would be of the County and have the County Attorney review and make a determination on the impact to the County, if a designation is approved. 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. 7 ~8~f0 ~~ ~4`r~~~ Steve Edwards requested that the Board appoint a group of individuals involved in various agri-businesses and, more specifically, the equine business, to investigate the feasibility of introducing more equine business opportunities into the County. Chairman MacManus noted that Mr. Edward's request would be discussed under New Business. Harold West read a letter from Diane Stallings dated August 6, 2003 in regard to concerns with water pressure at her home in Zuni. Chairman MacManus noted that Ms. Stallings .concern would be discussed under the Public Utilities report. Dexter Phibbs relayed his concern about an erosion problem occurring between lots 502 and 504 on Cannon Drive. He ..distributed pict~.~res illustrating the problem, and noted that there are also two (2) large trees that will cause additional damage if not addressed immediately as they are on the verge of falling. Chairman MacManus noted .that Mr. Phibbs' concern would be addressed under the Community Development report. // Chairman MacManus called for the County Attorney's report. County Attorney Stroman noted that for reasons set forth in his privileged and confidential memorandum to the Board, he would recommend that the Board not include liens for unpaid utilities charges in the amendments to the utilities ordinances tentatively set for public hearing on August 21, 2003. He stated the Board might wish to revisit this issue at a later date. County Attorney Stroman noted that he has requested a closed meeting later in the meeting to discuss two (2) matters concerning actual or probable litigation and/or requiring the provision of legal advice, in addition to those added at the beginning of the meeting. /I Chairman MacManus called for the Community Development Report. Jonathan W. Hartley, Director of Planning and Zoning, presented the request of Isle of Wight County for .the construction of the Administration Building adjacent to the Courthouse Complex which is located in the Courthouse Historic District for the Board's consideration. He noted that ~04~ • ?1,~f:~7:3~ the Historic Architectural Review Committee recommended approval of the request by a unanimous vote. Brian V. Camdem, Powell Management Association, Inc. presented the master plan for the new Administration Building, to include samples of the exterior colors, as well as guttering, shingles, trim, brick and light fixtures. Supervisor Claud moved .the Board approve the request of Isle of Wight County, as recommended by the Historic and Architectural Review Committee. 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. Mr. Hartley stated pursuant to comments made during an audit of the County's erosion and control program, he has previously forwarded a draft copy of the Sediment Control Ordinance, as well as a listing of the comments made, to the Board. He recommended that. the Board authorize a public hearing for the Board's September l 8, 2003 meeting. County Attorney Stroman requested additional time to review and make his recommendations on the revisions to the Sediment Control Ordinance. Supervisor Bradshaw asked with respect to land disturbing activity, what criteria is used for determining. wind erosion and, with respect to transporting, what is the quantity defined? He inquired what flexibility does the County have with respect to this Ordinance. County Attorney Stroman noted that part of his review would include a comparison with the enabling legislation and regulations. With respect to the erosion concern stated by Dexter Phibbs under Citizens Comments, Supervisor Clark moved that the Board direct Mr. Hartley and staff to bring back at the Board's August 21, 2003 the prior bids and any additional bids so that the Board can take action on the work to proceed within the County's drainage easement. 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 called for the Parks and Recreation Report; Alan S. Nogiec, Director of Parks and Recreation, reported that staff solicited proposals for forestry consulting services relevant to the Phase I construction of the Central .County Park Phase I. He stated .two (2) responses were received and interviewed by a two (2) member panel. He 9 eoax ~ 21,;,:., ; ~~ stated the panel recommends the contract be awarded to Woods, Water and Wildlife, Inc. Consulting. He further stated the County Attorney has reviewed the contract and recommends an amendment to include that non- discrimination and drug free workplace clauses be incorporated. Supervisor Claud moved the Board approve the contract with Woods, Water and Wildlife, Inc. Consulting for forestry consulting services to include the appropriate non-discrimination and drug free workplace language as recommended by counsel. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor, and no Supervisors voting against the motion. // Chairman MacManus called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, stated pursuant to Board discussion, adjustments to the water and sewer user rates, to be effective January 1, 2004, are now offered for consideration. He further stated. staff also included a leak credit refund policy that was originally included in the Water Ordinance, however, inadvertently omitted in some later revision. He requested that the Board authorize the County Attorney to advertise the proposed amendments to the Water and Sewer Ordinances for public hearing on August 21, 2003. Supervisor. Bradshaw stated he is still adamantly opposed to increasing any of the rates at this time. He stated it was known that it would take at least ten (10) years after the funds were borrowed. for. the system to become revenue generating and he is concerned with penalizing the customers of the two (2) systems located in his district. Supervisor Claud commented that with respect to the Zuni .system, under discussion later in the agenda is consideration of a contract to replace the entire distribution system, and the effective dates of these rates, if approved,. would be January 1, 2004. He noted that the Board previously made a motion to allow the Director of Public Utilities to have discretion with how increases will be handled for the flat rate unmetered customers when improvements were going to be made to the system between January 1, 2004 and June 30, 2004. He stated it is conceivable .that the Zuni residents will not see this increase until after completion of the distribution system. Supervisor Bradshaw commented that the Ordinance overrides the motion and, if the. Board adopts these rates, the rates for the Zuni system will be $20 per month and the Director of Public Utilities will not have any discretion to deviate from this rate.. He stated unless -the Board includes language in the Ordinance that the Director of Public Utilities has this authority, then he does not have any discretion. 10 eo~~ 21,x:-7~0 County Attorney Stroman confirmed .that. the Ordinance, as drafted, would provide a blanket assessment of rates. He stated the Board would .have sufficient time to include an amendment because these changes would not be effective until January, 2004 and staff could come back to the Board with additional language providing the Director of Public Utilities discretion to address this problem. Supervisor Claud moved the Board authorize the County Attorney to advertise the proposed amendments to the Water and Sewer Ordinances for a public hearing on August 21, 2002. The motion was adopted (3-2) with Supervisors MacManus, Clark and Claud voting in favor, and Supervisors Bradshaw and Bradby voting against the motion. Mr. Rountree stated with respect to the Public Works Public Utilities Operations Building bids, six (6) were received with the low bid of $340,400 being submitted by J. R. Wills and Sons, Incorporated. He stated the recommendation. ofstaff is to approve this contractor. Supervisor Claud moved. the Board approve the low bid of J. R. Wills and Sons, Inc. in the amount of $340,000 and authorize the Chairman to sign the construction contracts after a ten (10) day waiting period and. review and approval by the County Attorney. The motion was adopted. (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor, and no Supervisors voting against the motion, Mr. Rountree stated bids were opened for the construction of the offsite water main to serve the Nevamar Particleboard Plant with the low bid being received by Tidewater Utility Construction, Inc. in the amount of $118,962.46. He stated staff recommends the Board approve this contractor. Supervisor Claud moved the Board approve the low bid of Tidewater Utility Construction, Inc. in the amount of $118,962.46 and authorize the Chairman to sign the construction contracts after a ten (10) day waiting period and review and approval by the County Attorney. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor; no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from voting on the matter. Mr. Rountree stated bids were opened for the installation of test wells and production wells dealing with fluoride reduction at the Smithfield Heights and Carrsville water systems. He stated the County's engineer, R, Stuart Royer, has evaluated these bids and .recommends the award of Phase 1A of the project to A. C. Schultes, the low bidder, in the amount of $191,103. He stated if Phase 1 A is successful, staff will come back to the Board without re-bidding to request the Board approve the construction of .•. eooK ~21 ~~~=-~~1 Phase 1 B in the amount of $267,000 to put the test wells into a production mode. Supervisor Clark moved that the Board approve the low bid for Phase 1 A of A.C. Schultes of Maryland, Inc. in the amount of $191,103 and authorize the Chairman to sign the construction contracts after a ten (10) day waiting period and review and approval by the County Attorney. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor, and no Supervisors voting against the motion. Mr. Rountree stated bids were opened for the construction of a water main. replacement to serve. the Zuni water system. He stated the County's engineer, R. Stuart Royer, has evaluated these bids and recommends the award of the project to the .low bidder, Nansemond .River Contractors Corporation, in the amount of $ l 67,606.90. County Administrator Casket' inquired how much of the cost for the project is to be covered by the Federal grant. Mr. Rountree stated all of the cost is covered by the grant and there are remaining funds for engineering and easements. Supervisor Bradshaw suggested Mr. Rountree explore the possibility of either expanding the tank or adding another one. Mr. Rountree stated he would discuss these possibilities when he meets with HUD representatives next week. .Chairman MacManus requested the County Attorney to ensure that a penalty clause for non-performance/on schedule is contained in-all four (4) of the contracts just discussed. Supervisor Bradshaw moved that the Board approve the :low bid of Nansemond River Contractors Corporation Tidewater Utility Construction, Inc. in the amount of $167,606.90. and authorize the Chairman to sign the construction contracts after review ten (10) day waiting period, and review .and approval by the County Attorney. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to evaluate the level of funding remaining in the Federal project and report back to the Board to determine if it is feasible to expand the storage facility at the Zuni system. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor, and no Supervisors voting against the motion. 12 With respect to pressure concerns at the Zuni water system expressed by Harold West during Citizens Comments on .behalf of Diane Stallings, Supervisor Bradshaw moved that the Board approve the recommendation providing for a temporary power supply at the Zuni water system to help improve pressure and authorize $1,200, not to exceed $1,500, to come from the Utilities Fund. 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 called for the Emergency Management report, Richard O. Childress, Director of Emergency Management, presented a Change Order from Dobson Construction Corporation to extend the completion date for the Carrollton Fire Station Renovation and Expansion project in the amount of ten (10) days. He noted the extension is a result of rainy weather experienced during the month of June, 2003. County Attorney Stroman recommended that language contained in the Change Order to "reserve the right to claim for actual additional costs that may be incurred as a result of the lost days of work caused by rain" be deleted. He recommended the Board approve the Change Order upon his review and approval and that he would delete this language. Supervisor Clark moved that the Board authorize the Chairman to execute the Change Order to extend the completion date for the Carrollton Fire Station Renovation and Expansion project in the amount of ten (10) days, subject to the review and approval of the County Attorney. 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. Mr. Childress presented a Change Order submitted by Dobson Construction Corporation. He stated the Board's Project Manager has worked with Dobson. Construction Corporation to resolve certain. issues, resulting in a reduction in the Change Order of approximately $60,000. He recommended that the Board authorize the Chairman to execute the Change order upon the review and approval of the County Attorney. Supervisor Clark moved that the Board authorize the Chairman to execute the revised Change Order in the amount of $9,404.81 for the costs for f 11 sand and stone that had to be brought onto the site due to further undercutting of unfit soils in the area where the building pad is to be poured, upon review and approval by the County Attorney. 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. 13 .•. B~QK f.rs fhb-'~,• ~V ~~ Chairman MacManus called for the County Administrator's report. County Administrator Caskey presented a request from the Camptown Elementary School and Community Reunion for a sponsorship in the form of ads within a souvenir booklet. Supervisor Bradshaw moved that the Board direct staff to develop a letter for signature by the Chairman on behalf of the Board of Supervisors to be placed in the souvenir book. 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. Donald T. Robertson, Assistant County Administrator, reported that the Health Department has advised that two. (2) crows have been found in the County that tested positive for the West Nile virus. He stated staff is moving forward with its efforts to educate the citizens and to advise as to what types of preventive measures are available. Donald M. Long, Director of Public Works, distributed copies of information being provided to .citizens and various facilities around the County, i.e., school sites, libraries, Nike Park, post offices, hardware stores, the County's web page. and the cable channel. Lyle D. Hornbaker, Information Services Coordinator, reported that a recent change in the domain naming rules now allows counties in the United States to .use the .gov name, and he has reserved www.isleofwi htg count v~a.,gov for the County's ,use. He noted that this change will distinguish the County from its sister county in the United Kingdom. He requested that the Board authorize staff to send a formal request to the .GOV Domain Manager in order to allow the County to begin using the new name. Supervisor Clark moved the Board accept the isleofwightcountyva.gov domain name and authorize the Chairman to sign the required letter. 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. Mr. Hornbaker stated staff can now provide remote .access to the County Computer Network through a service called "GOTOMYPC." He noted that several department heads have utilized the. service .which is secure, fast :and inexpensive. He stated there is now an opportunity for the individual Board members to have access to a-mail which they can check using this server on their home computer or public computer. He noted there is a $14 cost per month per computer, but he believes that all the Board members could be adequately served by two. (2) computers. 14 ~ooN 21 •~,f~'44 Supervisor Bradshaw moved that the Board .authorize Mr. Hornbaker to establish one (1) computer to be utilized by .the Board members for remote access. 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 called for Old Business. Chairman MacManus noted that staff had provided the Board with follow-up information subsequent to the Board's request to Dr. Johnson who had approached the Board soliciting. financial support for his project in the restoration of the Hill Street Church, Supervisor Bradshaw moved that the Board accept staf>'s report, as presented. 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. Mr. Long stated with respect to the request of Grace Keen to upgrade the restrooms at Nike Park, he believes that the cost to make the one (1) restroom into two. (2) restrooms would be well beyond what the County would want to pay if the Board decides to go with the improvements listed in the Capital Improvements Plan for 2005. Mr. Nogiec offered to review other alternatives, such as some type of sign identifying when the restroom is in use. Supervisor Clark requested staff look into the feasibility of utilizing portable bathrooms for special functions; Supervisor Clark moved that the Board direct staff to come back with additional recommendations for low-cost options at the Board's September 4, 2003 meeting. 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. Mr. Hartley stated contained in the Board's agenda are draft revisions. to the Chesapeake Bay. Preservation Area. (CBPA) Ordinance that were prepared and recommended by the Planning Commission, as well as the comment letter received from the Chesapeake .Bay Local Assistance Department. He requested the Board set a work session to further discuss this information. Supervisor Bradshaw moved that the Board set a work session on September 18, 2003 at 4:00 p.m. to discuss the. Ordinance and directed Mr. 15 Hartley to present the Board a summation. outlining specific areas of the Ordinance that needs to be brought to the Board's attention and the changes made that will impact the County. 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. Patrick J. Small, Director of Economic Development,. informed the Board that there would be a tour of the port facilities on September 5, 2003 from 11:00 a.m. unti12:00 p.m. He advised he would send out reminders to the Board, Supervisor Claud requested the status of the recycling survey. County Administrator Caskey advised that a recycling survey was mailed to target neighborhoods two (2) weeks ago with a return date of August 15, 2003. He noted that staff has already received a good percentage of responses. He advised that when the results are analyzed, he would report back to the Board. Supervisor Bradshaw advised that the committee is still working on the issue of tax relief for the elderly and adjustments will be made during the next budget process. Supervisor Clark moved that the Board direct Mr. Hartley, Mr. Randolph, Presidents of the two (2) homeowner's associations of Gatling Pointe South and North and himself, as a preliminary committee, to look at the options to protect future developments from some of the problems with the transfer of retention ponds and the condition of the ponds when conveyed to homeowners associations. 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. .Supervisor Bradshaw noted he would have a report and recommendation on how to proceed with respect to the VACo Public Awareness Program at the Board's August 21, 2003 meeting. Supervisor Clark moved that the Board direct Mr. Nogiec to contact Dr. McPherson to see if there is an opportunity for infrastructure. to be put in place to share a lighted adult baseball field in the northern end of the County (for all athletic fields). 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. Supervisor Bradshaw requested the status of the Franklin over billing. Mr. Rountree noted the issue of over billing by the City of Franklin is still under review by staff 16. // Chairman MacManus called for New Business. With respect to Steve Edward's request under .Citizen Comments regarding .the Agriculture/Equine business, County Administrator Casket' noted that he would meet with. Mr. Small and the County's Extension Agent to discuss options. He noted that Mr. Small would be providing information to the Board at its September 4, 2003 meeting on what will be required by his office to provide additional staff resources to the agricultural business. Supervisor Bradshaw stated Mr. Small's :comments followed the Comprehensive Plan strategy, which places very little emphasis on the equine industry. He stated he would like more specifics at the September 4, 2003 report. ` Mr. Hornbaker addressed the Board on the County's Internet connection status. He informed the Board that recently the Internet connection was down for approximately two (2) days and that the County has outgrown the Internet connection it now shares with the school system. He stated the Internet connection is utilized by staff for data communications, critical a-mails are lost when the connection goes down at times, and staff recently used it for the VOPEX exercise during a Sunry Nuclear Power drill. He stated. the Virginia Criminal Information Network has now required the County to move from a dedicated line to the. Internet to provide their broadcast bulletins. He stated the connection has served the County well up to this point, but it was designed to provide service to the schools and there are times it is difficult for him to get a response from WHRO and Verizon when a problem occurs. Sherri Bush, Director of Emergency Communications, stated that the Virginia State Police is requiring that the County go from its dedicated circuit to a private network. She stated the .County has the opportunity to get certain equipment free of charge, however, the County must determine its provider, but what the County has right now through WHRO is not reliable. She stated if the Internet is down, .law enforcement will not able to run license tags and perform other checks which affect officer and public safety. Supervisor Bradshaw moved that the Board direct Mr. Hornbaker to further investigate the County's Internet options and report 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 requested staff to investigate why some calls into the Courthouse telephone switchboard are lost. He explained that there have been times when he calls into the Courthouse that his line rings continuously 17 .~. soU~ 21 °N~J•~ ` i and goes unanswered, but when he hangs up and calls back, his call is immediately answered. He noted this problem is not caused by the receptionist, who is always polite and professional, but with the switchboard line itself County Administrator Casket' noted this problem has occurred from time to time in the past, and he would have staff investigate the problem. County Administrator Casket' noted that a pipeline dedication ceremony. will be held on October 17, 2003 from 11:00 a.m. until approximately 2:00 p.m. He further noted that the location has not yet been determined. County Attorney Stroman presented two (2) contracts between Parks and Recreation and the Lamar Companies for signage at the County Fair. He recommended that the Board authorize the County Administrator to enter into these agreements, subject to the review and approval of the County Attorney. Supervisor Claud moved that the Board authorize the County Administrator to enter into the two (2) contracts with the Lamar Companies for signage at the .County Fair in the sums of $600 and $500 respectively, 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. Supervisor MacManus moved that the Board direct staff to prepare letters to be sent to the Senators and Congressmen requesting their assurance that if there is an oil breech during the removal of the ghost fleet, that there will be adequate environmental protection to .keep damage from occurring to the water and shoreline. A suggestion should be made to the HRPDC that other border communities. should also be sending letters to ensure their communities are also protected. 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 Appointments. Supervisor Bradshaw appointed A.C. Perry, Jr., replacing Gary Falls, representing the Carrsville .District on the Isle of Wight Substance Abuse. Advisory Council. The motion was adopted unanimously (5.0). 18 eaoK 21 •~ °7~8 Chairman MacManus requested Mr. Robertson to determine if Kristina Steiger is still able to serve as the under 18 member on the Youth Services Advisory Board. // County Attorney Stroman requested a closed meeting to discuss six (6) matters pertaining to advice of counsel regarding specific legal matters under Section 2.2-3711-A.7 of the Code of Virginia; two (2) items regarding discussion of a prospective business prospect where no prior announcement has been made under Section 2.2-3711.A.5; a matter involving investment of public funds where the discussion and open meeting would jeopardize the bargaining position of the public entity under Section 2.2-3711.A.6; three (3) personnel matters under Section 2.2-3711.A.1.; and a personnel and litigation item pursuant to Section 2.2-3711.A.1. and A.7. Supervisor Claud moved that the Board enter closed session for the reasons stated. 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 the Board return to open 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. Upon returning to open session, Supervisor Bradshaw moved that 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. 19 1 VOTE . AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved that the Board deny the claim of Dr. Daniels. 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 the Board authorize the payment for compensatory time from the contingency fund for the employee 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 that the Board authorize the County Administrator to execute the letter in connection with the economic development matter discussed in closed session. 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. // At 9:45 p.m., Supervisor Claud moved that the Board adjourn its meeting. The motion was adopted unanimously (5-0). `~ Richard K. MacManus, Chairman W. Dou as skey, Clerk 1 I 3 i