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11-06-2003 Regular MeetingeooK 22 ~M':` ~$ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD .THE SIXTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry. H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman MacManus .called the meeting to order at 4:00 p.m. // Supervisor Claud delivered the invocation. // The Pledge of Allegiance was conducted. /i Chairman MacManus called for approval of the agenda County Attorney Stroman requested that the application of Roland H. Lewis under Old Business follow. Citizens Comments; that the issue of fluoride compliance/Carrsville Water System Engineering under Public Utilities be moved to after the closed meeting; and, that three (3) matters be added to the closed meeting,. for a total of four (4) items. Supervisor Bradshaw requested that a personnel matter be added to those matters to be discussed in the closed session, County Administrator Caskey noted that the Director of Economic Development would like to introduce a new County employee to the Board and he would have a late .item that could come under his section of the agenda. Chairman MacManus requested a special presentation. be added concerning certain items received from Heather Humbly from Isle of Wight, England. 1 ®~VK FBI f.~r ~n~~ Supervisor Bradshaw 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. // Chairman MacManus .called for Special Presentations. Patrick J. Small, Director of Economic Development, formally introduced Wade Taylor to the Board as the County's new Business Development Manager in the Department of Economic Development. Chairman MacManus displayed various gifts that were presented to the County on behalf of Heather Humbly, Isle of Wight, England. They included an Isle of Wight, England flag, already on display in the 3oard Room, in addition to glassware, a book, and coins to be displayed downstairs in the Courthouse. // Chairman MacManus indicated the Consent Agenda included the following items. A. DEQ/Public Notices for 10/20/2003 B. Hampton Roads Metropolitan Planning Organization (MPO) Boundary C. Planning District Boundaries D. Operational Medical Director Agreement E. Resolution to Accept and Appropriate $1,900 in Donations for Various County Programs F. Resolution to .Appropriate $47,500 from the Unappropriated General .Fund .Balance for Rural Economic Development Initiatives G. Resolution to Accept and Appropriate $671,940 from the State and Federal Governments for Carryover Grant Programs H. Resolution to Appropriate $197,000 from the E-911 Fund Balance for the Purchase of a Computer Aided Dispatch and Records Management System. 2 i ®ooK 22.Fn~ 68 L Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating and Capital Projects J. CIP FY 2005-09 Kick-Off K. Strengthening Families Program I.. Isle of Wight County Administration Building and Carrollton Volunteer Fire Department -Construction and Renovation Progress Report M. Resolution to Accept and Appropriate Funding from the Virginia Department of Motor Vehicles N. Holiday Schedule O. Action List Status Update P. Continued Meeting Minutes of October 2, 2003 Q. Regular Meeting Minutes of October 2, 2003 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 Regional Reports. Supervisor. Claud reported that the primary topic of discussion at the Hampton Roads Planning District Commission meeting was tax reform. He noted that the Commission has not taken a position as to which way the State should go; however, the Commission is providing facts and figures to the various localities and the members of General Assembly for their consideration during consideration of tax reform issues. Supervisor Claud noted that with respect to the Western Tidewater Water Authority, the City of Portsmouth entered .into an agreement last year with the City of Norfolk to purchase up to 10,000,000 gallons per day of water for drought relief purposes. He stated the idea was to connect the Lake Prince Reservoir to the Western Branch Reservoir,. a distance of approximately 4.4 miles. He stated the Authority felt it would be to the County's advantage if the County were owners of the pipeline and an agreement was reached with the City of Portsmouth that the pipeline does belong to the Water Authority which connects the two (2) lakes. He noted a 3 eoeK ~ 22~ .~::- ~~ dedication ceremony was held on October 17, 2003. He stated the line was oversized to handle .additional flow over and above the 10,000,000 gallons that Portsmouth could potentially purchase from Norfolk. He stated there will be some capital expenditure necessary for that portion of the line to take care of the additional expense. Supervisor Claud reported that the next meeting of the .Coalition of High Growth Communities would be held on Monday, November 10, 2003 at the VACo Conference. Supervisor Bradshaw reported that the Board of Directors of the Virginia Association of Counties will be holding their meeting on Sunday morning, November 9, 2003 at 9:00 a.m., with Committee meetings following. He stated VACo has taken the position for the previous two (2) years to request that. the General Assembly eliminate .the State Compensation Board. He noted that the Resolutions Committee wou'.d be meeting on Monday, November 10, 2003 at 7:00 a.m. to .finalize the development of the plan. He stated the second Vice-President of VACo was recently defeated. in the election and there will be two (2) office vacancies at the Conference. He stated VACo has been heavily involved with the Finance Committee with the tax study commission and additional information regarding that will be forthcoming. Supervisor Clark reported that he stressed at the most recent meeting of the Mid-town Business District Association that smaller counties are more customer oriented. Supervisor Clark reported the Western Tidewater Regional Jail Authority is currently undergoing security upgrades. Chairman MacManus reported that the Southeastern Public Service Authority (SPSA) did receive the Gold Medal Award for the best operation of any solid waste operation in North America. He noted SPSA is also reviewing leverage leased opportunities whereby there is an .opportunity to sell a building and lease it back to receive some cost reduction. He stated it will allow the public sector to reduce their costs in the long term. He noted there is a resolution to oppose a trash tax being: proposed for the upcoming session of the General Assembly. Chairman MacManus reported it is a consensus of the .Hampton Roads Mayors and Chairs Caucus that the Federal impact for aid. on human services be addressed. He stated the communities discussed working together to solicit the support of Congress. He stated the State has increased its funding from $40,000 to $500,000 to support and protect against base closures. Chairman MacManus reported at the most recent meeting of the Hampton Roads Economic Development Alliance there was discussion of .u 4 eooK 22..~p 70 joining with the Peninsula .Economic Development Alliance to bring the Hampton Roads area together as a single unit. // Chairman MacManus called for. Transportation Matters. Mr. Hartley presented a Resolution Requiring the Installation of Certain Signs at Road Entrances to Subdivisions which staff recommends the Board adopt. Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION REQUIRING THE INSTALLATION OF CERTAIN SIGNS AT ROAD ENTRANCES TO SUBDIVISIONS WHEREAS, the Board of Supervisors. has recognized that certain signs at entrances to subdivisions need to be installed; and, WHEREAS, it is necessary that such signs be installed for the protection and safety of citizens residing within such subdivisions. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that: 1. Developers of new subdivisions shall be required, at their cost, to install "WATCH FOR CHILDREN" and "Speed Limit" signs at all road entrances to new subdivisions and at other locations approved by the County and the Virginia Department of Transportation. 2. The Virginia Department of Transportation shall be requested to install "Watch for Children" and "Speed Limit" signs at all road entrances to existing subdivisions at the appropriate locations upon notification by the County Administrator or his designee. The cost of such signs shall be charged to the Secondary Construction 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. Mr. Hartley presented a Resolution Requesting the Installation of "Pedestrian Crossing Ahead" Signs on Route 704, Battery Park Road at the Entrances to Gatling Point and Gatling Point South which staff recommends the Board adopt. Supervisor Clark moved the Board adopt the following Resolution: 5 eooK 22 ;a:o. ?1 RESOLUTION REQUESTING THE INSTALLATION OF "PEDESTRIAN CROSSING AHEAD" SIGNS ON ROUTE 704, BATTERY PARK ROAD AT THE ENTRANCES TO GATLING POINT AND GATLING POINT SOUTH ~' WHEREAS, the Gatling Point and Gatling. Point South communities are constructed north and south of Battery Park Road and share in the use and enjoyment of recreational facilities located on both sides of Battery Park '' Road; and, WHEREAS, the Homeowners Associations has expressed an interest in improving the safety of pedestrian and other no-motorized traffic between ', these two development. ', NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors requests that the Virginia Department of Transportation install "PEDESTRIAN CROSSING AHEAD" signs on Battery Park Road, Route 704, north and south of the entrances to Gatling Point and Gatling Point South. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors requests that the installation of these signs be funded from the ', Secondary Construction Allocation for Isle of Wight 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. Mr. Hartley noted that he would be providing the. Board at its November 20, 2003 meeting with a list of transportation items. Mr. Hartley noted he would notify the Board when a mutually agreeable date is set with the VDOT District Administrator to hold the County's quarterly meeting on transportation issues. Supervisor Claud requested that Mr. Hartley set up a meeting to discuss Whispering Pines Road.. Supervisor Claud encouraged Mr. Hartley to expedite the necessary right-of--way issues for Muddy Cross Road. Supervisor Claud .requested that Mr. Hartley continue his efforts to resolve the issue of outfall ditches on Central Hill Road Mr. Hartley informed the Board that he had spoken with R. L. Walker to advise that VDOT does not intend to address the outfall ditches along Central Hill Road. 6 804K 22 ''~''• ~~ Supervisor Claud requested Mr. Hartley contact VDOT and inquire why the work on Blue Ridge Trail has not yet begun when it was scheduled to begin in July, 2003 and the funds are available. Supervisor Claud advised Mr. Hartley that he would be contacting him soon with respect to having Poor House Road paved in its entirety. He noted that the property owner is now willing to donate the necessary right- of-way to accomplish this work. Supervisor Bradshaw .requested Mr. Hartley encourage. VDOT to begin work on Whispering .Pines Road with respect to its general maintenance. Supervisor Bradshaw requested Mr. Hartley send Pam .Shaw, the County's Environmental Planner, out to Ballard Road to investigate if the beaver dams have been restored. Supervisor Bradby reported that smoke from the debris burning site located on Water Works Road is causing a nuisance for neighboring residents. Chairman MacManus requested that staff advise the Board as soon as the State performs its evaluation of the impact from Hurricane Isabel on the current State-wide Transportation Budget so that the Board can make its own financial adjustments accordingly. Supervisor Bradshaw moved that the Board request staff to follow up with VDOT regarding the Commissioner's letter sent to the County to see which projects will be deferred from the Six-Year Plan or funding reductions to the County and report back to the Board at its November 20, 2003 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Pat Clark of Twin Hill Lane expressed his concern with the narrowness of Titus Creek Road. He specifically requested that VDOT take appropriate action to paint white lines on the roadway from Smiths Neck Road to Titus Creek Road. Supervisor Clark noted that VDOT has already agreed to paint white lines along the roadway. Thomas Finderson notified the Board about a tree that is leaning .across Sugar Hill Road on Roland Lewis' property. He also notified the Board about a largepothole on Sugar Hill Road. Chairman MacManus requested Mr. Hartley take appropriate action to notify VDOT about the pothole. 7 22: Supervisor Clark moved that the Board direct staff to contact Virginia Dominion Power with .respect to the leaning tree on Sugar Hill Road .and that the Director of Public Works provide the .Board with a report with respect to trees that are leaning in the County that could potentially cause ', damage to utility lines or property. 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. Marie Bailey suggested that Virginia Dominion Power could be contacted and requested to clean out the area underneath the power lines. She notified the .Board of a particular incident in which she followed a speeding vehicle along Smith's Neck Road. // Chairman MacManus called for Citizen's Comments. Jim .Steinke updated the Board on his current efforts to rebuild his• home located in Burwells Bay. He stated the County Code requires that if there is greater than 50% damage to the structure of a home, it must be rebuilt to County Code. He stated flood policies cover flood damage, but they do not cover the .cost to rebuild to the current Code. He stated the meeting held at the Rushmere Volunteer Fire Department was very informative with respect to rebuilding and zoning issues, and he would recommend that staff provide handouts at future meetings. He stated the Federal Hazard Mitigation Program and the Elevation Program are slow in responding to the needs of affected .property owners. He noted he would possibly be interested in the-buy-out program, however he cannot wait until the program is implemented. He recommended that whatever can be done at staff level with respect to the Chesapeake Bay Preservation Area Ordinance as opposed to variances would speed the process along. He recommended the Board adopt a resolution to be active for a certain period of time on variances. In .respect to the Hazard Mitigation Program, he noted it would be helpful for homeowners. to know who could be lobbied. He requested that the Board extend the length of time on the waiver of permits .for up to a year of the anniversary of the hurricane. He requested that fees be waived for those having to rebuild due to the hurricane. Marie Bailey addressed the Board with respect to unpaid medical bills that resulted from a~fall outside the Board Room following her attendance at a Board of Supervisors' meeting on September 4, 2003. She notified the Board that The Smithfield Times had .incorrectly listed the time of the meeting today. She further notified the Board that the school administration had overcharged her for .use of a school facility. She expressed dissatisfaction with her inability to find a suitable location to sell toys at discounted prices and that her peddler .license will expire on December 31, 2003... She distributed a copy. of a letter that she faxed. to Senator Allen with 8 respect. to the above issues. She stated she further. requested the qualifications of certain County personnel and she. received a bill from the County for the cost of assembling such informations She mentioned the past incident involving two (2) Deputy Sheriffse // At 5:00 p.m., Supervisor Bradshaw noted that the Board had advertised a public hearing for that time and he moved the Board amend the regular order of the agenda in order to conduct the public hearing. The motion was adopted unanimously (5-0). // Chairman MacManus called for a public hearing on the following: The application of Ann Clark. Steinbach, owner and 17 Corner Properties, LLC, prospective owner for a change in zoning classification from RAC to Conditional General Commercial, approximately .88 acre of land located adjoining 14214 Carrollton Boulevard, which is on the west side of Carrollton Boulevard (Route 17) north of .Brewer's Neck Boulevard (Routes 2.58 & 32) in the Newport Election District. The purpose of the application is for auto sales and service as conditioned. Mr. Hartley stated the Board .previously held a public hearing in October, 2003 and asked .that some revisions be made to the .proffered conditions. He further stated the applicant has submitted a signed list of revised proffers that were received in writing prior to the public hearing. Chairman MacManus called for persons to speak in favor of or in opposition to the proposed application. Charlie Williams, Williams Auto Mart, requested the Board approve the application. No one spoke in opposition. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw asked that staff restrict. rezonings only to the use requested by the applicant. Supervisor Clark moved that the Board approve the application of Ann Clark Steinbach, as conditioned. 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. 9 T; BooK 22 0~:~ 75 // Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman MacManus called for the continuation of Citizens Comments. Mac Hall requested that the Board waive the requirement of the Buddhist temple to hook up to the HRSD force main. Carroll Story, IP Local Union President, withdrew his name from the Citizens Comments register. " Herb DeGroft, Post 8545/Smithfield, invited the Board to attend the Veterans Day celebration on Tuesday, November 11, 2003 at 7:00 p.m. at The Smithfield Center. He commented that apparently decisions were made and the County will be spending funds with respect to the recent meeting that was held at Benn's Church by a developer concerning historic St. Lukes. Chairman MacManus assured Mr. DeGroft that the Board has not taken any action in this regard at this point in time as staff is gathering information for consideration by the Board. // Chairman MacManus noted that the Board took action under Approval of the Agenda to hear Item A under Old Business following Citizens Comments. He called for comments from staff on the following: The application of Roland H. Lewis for an exception to the Chesapeake Bay Preservation ArEa Ordinance Section 5002 C (2). Specifically to allow encroachment in the one hundred (100) foot Resource Protection Area. Buffer. The property is located at 315 Lakeview Lane, Carrollton, in the Newport Election District. The purpose of the request is to allow fill,. grading and .reseeding of the property within the Resource Protection Area Buffer. Mr. Hartley stated the. Board previously tabled consideration of the Lewis application and directed that staff meet with Mr. Lewis. He noted that staff has summarized and presented certain issues to Mr. Lewis. He stated Mr. Lewis has agreed to fully stabilize the site to correct certain drainage issues on the property. 10 eooK ~ ~„^~ ~6 County .Attorney Stroman stated consistent with the Board's instruction, remediation and restoration has been addressed,. as well as the payment of a civil fine, while allowing some credit for the cost of the work that has been accomplished, and Mr. Lewis acknowledges the violations. Mr. Hartley noted that Mr. Lewis originally was requesting an exception to the Chesapeake Bay Preservation Area Ordinance Section 5002 C (2) to allow encroachment in the one. hundred (1.00) foot Resource Protection Area Buffer. . Supervisor Clark noted that he is not prepared to discuss Mr. Lewis' request until he speaks further with the County Attorney. Chairman MacManus noted a typo in Item I, where it states "the" instead of "he". Supervisor Claud moved that the Board moved that Mr. Lewis' request follow the Closed Meeting later in the meeting. The motion was adopted (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for the County- Attorney's report. County Attorney Stroman presented a Resolution to Appoint C. John Catron as the Section 8 Supervisor that he recommends the Board adopt. Supervisor Bradshaw moved the Board adopt the following Resolutions RESOLUTION TO APPOINT C. JOHN CATRON AS SECTION 8 SUPERVISOR WHEREAS, the Board of Supervisors of Isle of Wight County maintains a "Section 8" program to promote affordable housing with the County; .and, WHEREAS, for over twenty (20) years the Director of Social Services has been appointed to supervise this program; and, WHEREAS, the Isle of Wight County Board of Social Services has appointed C. John Catron as Ms. Bean's successor; and, WHEREAS, at its October 21, 2003 meeting the Isle of Wight County Board of Social Services recommended that the Board of Supervisors appoint Mr. Catron as the new Section 8 Supervisor to replace Ms. Bean. 11 *•. ®ooK ~ 22 .M%P 7~ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that C. John Catron is hereby appointed Supervisor of .the Section 8 Program at a stipend of two thousand six hundred eighty-one dollars and eighty cents ($2,881.80) per annum, payable in equal monthly installments. 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 Attorney Stroman requested the Board authorize the execution of the Deed of Gift to the Windsor Athletic Association following VDOT's endorsement of the plat. Supervisor Claud moved the Board authorize the Chairman to execute the Deed following VDOT's approval. 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 Attorney. Stroman presented a proposed lease for the Skating Rink. He stated Gary Askew is proposing to operate the facility as a private facility which will have a positive effect on the County's budget. Supervisor Claud noted a potential conflict of interest and stated he would refrain from discussing and voting on the matter. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Assignment documents. The motion was adopted (3-0) with Supervisors MacManus, Bradby and Bradshaw voting in favor of the motion; no Supervisors voting ..against the motion; Supervisor Claud abstaining from discussing and voting on the motion; and, Supervisor Clark absent for the vote. County Attorney Stroman presented a Timber Harvest. Agreement which he approves as to form and recommends the Board authorize the Chairman to execute on behalf of the County. Supervisor Claud moved the Board authorize the Chairman to execute the Agreement with Old Mill Land and Timber in the amount of $150,150. 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. County Attorney Stroman reported that negotiations with Mountbatten Surety Company's. claims counsel have been successful in producing an agreement which is commercially reasonable. He advised that a waiver is being requested for liquidated damages for the .period of September 18a` 12 BoaK 22 r~," °78 through the 28`x, as a result of Hurricane Isabel. He noted that the contractor will be on the job. on November 17, 2003. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Agreement and authorize the County Attorney to negotiate a liquidated damages penalty with the surety company. 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.. County Attorney Stroman stated he had several matters for closed meeting later in the meeting. /! Chairman MacManus called for the Community Development Report. There was no report offered for discussion by the Board. // Chairman MacManus called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented costs associated with the further- undercutting of soils and the filling of a block wall at the Carrollton Fire Station renovation and expansion project. Supervisor Claud moved the Board authorize the Chairman to execute the Change Order in the amount of $4,8.11. with the funds to be taken from the Contingency 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. Supervisor Bradshaw requested Mr. Childress provide the other Board members with any information pertaining to the structural defects of the Carrsville Volunteer Fire Department. // Chairman MacManus called for the Parks and Recreation Report. Alan S. Nogiec, Director of Parks and Recreation, requested an additional budget allocation as a result of having to cancel the Isle of Wight County Fair on Friday, September 12, 2003. Supervisor Claud moved the Board adopt the following Resolution: 13 Boats 22 :.;r• ~ RESOLUTION TO AUTHORIZE SEVEN .THOUSAND DOLLARS FROM THE ISLE OF WIGHT COUNTY FAIR UNAPPROPRIATED FUND BALANCE TO COVER REVENUE SHORTFALLS WHEREAS, the Board of Supervisors has approved the FY 2003-04 Operating Budget for Isle of Wight County Fair; and, WHEREAS, funds in the amount of seven thousand dollars ($7,000) need to be authorized from the Isle. of Wight. County Fair Unappropriated Fund Balance to cover a shortfall in revenues due to inclement weather encountered during the FY 2003-2004 Isle of Wight County Fair event. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seven thousand ($7,000) from the Isle of Wight County Fair Unappropriated Fund Balance be authorized for use to cover various revenue shortfalls encountered in the FY 2003-2004 Operating Budget of the Isle of Wight County Fair Special Revenue Fund. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to .give this resolution effect. The motion was adopted (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 Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities noted that his. first issue under his report concerning fluoride compliance/Carrsville water system engineering, has .been moved for consideration after .the closed meeting. Mr. Rountree stated staff was directed by the -Board at its August 21, 2003 meeting to investigate the alternatives to improve the appearance of the Camptown Development Service District elevated storage tank. He stated the cost to accomplish this is estimated to be between $40,000 and $50,000, to include painting a second logo on the back of .the tank that would be visible from the new Route 260 connector road. Supervisor Bradshaw moved that the draft report presented by the Director of Public Utilities be considered during the Capital Budget process. The motion was adopted by a vote of (5-0) with Supervisors MacManus, 14 ~oQK , 22 .;.~ 80 Bradshaw, Bradby, Clark and Claud voting in favor of the motion,. and no Supervisors voting against the motion. Mr. Rountree .stated as a general policy the Board had directed mandatory sewer connections for commercial, industrial, and institutional establishments. He stated the ,Buddhist Temple has had extreme difficulties in attempting to acquire an easement from the adjoining property owners in order to accomplish .this. He requested the Board provide direction as to whether. the County is going to require the Buddhist Temple to connect to the sewer force main. Supervisor Bradshaw inquired from- the County Attorney what type of precedent this would be setting for exceptions. County Attorney Stroman advised that he did not believe that in this instance an .exception would bind the Board to make any future exceptions, Supervisor Bradshaw noted .for clarity that the Board .is granting this exception because it is not financially feasibility and not because it is a religious organization. Supervisor Claud moved the Board not require the Buddhist Temple to hook up to the HRSD sewer force main located in the right-of--way of Brewer's Neck Boulevard, and. that the Board is granting this exception because it is .not financially feasibility and not because it is a religious organization. The. motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, 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. Lyle D. Hornbaker, Information Services Coordinator, presented A Resolution of Proclamation to Declare November 19, 2003 as Geographic Information System Day 2003 which he recommends the Board adopt. Supervisor Bradshaw moved the Board. adopt the Resolution, as amended to reflect the correct spelling of the Chairman's name. A RESOLUTION OF PROCLAMATION TO DECLARE NOVEMBER 19, 2003 AS GEOGRAPHIC INFORMATION SYSTEM DAY 2003 WHEREAS, Geography Awareness Week is November 16-22, 2003; and 15 eoea 22 ,~L. X31 WHEREAS, the global GIS community has joined. together to declare Wednesday, November 19, 2003. as GIS Day 2003; and WHEREAS, the management, use, and exchange of geographic information are essential for effective decision making by all governmental agencies; and WHEREAS, the County of Isle of Wight recognizes the importance of geographic data in the proper implementation of local government and has created a County wide Geographic Information System (GIS) to support that implementation; and WHEREAS, there is a need to promote GIS .awareness, education and technical training among various groups in Isle of Wight County to most appropriately and wisely utilize this technology; and WHEREAS, the County GIS is a significant resource that should be used by all governmental agencies, schools, and the general public to share information and increase public participation in the democratic process. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County does hereby proclaim November 19, 2003, as GEOGRAPHIC II~TFORMATION SYSTEM DAY 2003 in Isle of Wight 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. Attorney Pretlow presented a Resolution of the Board of Supervisors of the County of Isle of Wight, Virginia with Respect to the Lease Financing of the Western Tidewater Community Service Board's Acquisition of a Headquarters Building for the Board's consideration which he recommends the Board adopt. Supervisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA WITH RESPECT TO THE. LEASE FINANCING OF THE WESTERN TIDEWATER COMMUNITY SERVICE BOARD'S ACQUISITION OF A HEADQUARTERS BUILDING The Western Tidewater Community Services Board (the "Borrower") was created under Chapter 10 of Title 37.1 of the Code of Virginia of 1950, as amended (the "Act"), and has been designated an "operating board" as 16 --- _ _ eoo~ ~?. ~~f.. ~? defined in the Act for the City of Franklin, the City of Suffolk, the County of Isle of Wight and the County of Southampton (collectively, the "Member Localities"). The Borrower desires to acquire the facility currently serving as its Headquarters Building, the contiguous warehouse building and the real estate related thereto (collectively, the "Building") by entering into a lease financing. arrangement (the "Lease Financing") with the Industrial Development Authority of the .City of Franklin, Virginia (the "Issuer") and Bank of America, N.A. In accordance with the Act, the Borrower has the power to apply for an accept loans as authorized by the governing bodies of the political subdivision that established it. Accordingly, each of the governing bodies of the Member Localities must authorize the Lease Financing of the Borrower. The County of Isle of Wight, Virginia (the "County") recognizes the need of the Borrower to obtain financing for the acquisition of the Building through the issuance by the Issuer of its $1,372,500 Lease Revenue Bond (Western Tidewater CSB Headquarters Acquisition), Series 2003 (the "Bond"). The issuer will issue its Bond to acquire the Building and will lease the Building to the Borrower .pursuant to a Lease Agreement, tentatively dated as of November 1, 2003 (the "Lease Agreement"), between the Issuer and the Borrower. The Bond will be payable solely from revenues derived by the Issuer from the "Basic Rent: to be paid by the Borrower pursuant to the Lease Agreement, which has been calculated to be sufficient to pay the principal of and interest on the Bond, from certain "Additional Rent" to be paid by the Borrower pursuant to the Lease Agreement and from funds established in the Bond Purchase Agreement to be dated the date of the issuance of the Bond (the "Bond Purchase Agreement") among the Issuer, the Borrower and Bank of America, N.A., as .the .holder of the Bond (the "Bank"). The obligations of the Issuer to the Bank will be secured by the Assignment of Rents and Leases, tentatively dated as of November I, 2003 (the "Assignment") between the Issuer and the Bank, ,and by. the Deed of Trust, tentatively dated as of April 1, 2003 (the "Deed of Trust") from the Issuer to the deed of trust trustees named therein. Subject to the terms of the Lease Agreement, the obligation of the Borrower to pay Basic Rent and Additional Rent will be an unconditional obligation of the Borrower. The Lease Agreement, the Bond Purchase Agreement, the Assignment and the Deed of Trust are referred to in this Resolution as the "Basic Documents." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. Request for an Approval of Financing_ The Board of Supervisors of the County ("Board") hereby. approves the transaction 17 eoo~ 2? ~ . X33 contemplated by the Basic Documents and particularly the Borrower's Lease Financing of the Building and entry into the Lease Agreement.. The Board considers the Building to be an essential public need. The Board approves the issuance of the Bond and sale thereof to the Bank in .such principal amount, with such interest. rate .per year, and with a maturity, all as to be determined by the Issuer or the. Borrower. The sale price of the Bond to the Bank shall be equal to the principal amount thereof, and the prepayment provisions and other terms of the Bond shall be as provided for in the form of the Bond. The Board further approves the Borrower's use of its funds to make such payments as may be required under the Lease Agreement and expresses its intent that the County remains a Member Locality of the Borrower for the term of the Lease Agreement. 2. Effective Date. This Resolution shall take effect immediately upon its adoption. i 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. Nelson Moody, BFI Waste Services, requested the Board approve his request for a rate increase by BFI Waste Services due to inflation and an increase in the volume. Chairman MacManus requested staff review the feasibility of the County having an exclusive franchise agreement. He suggested staff poll other communities to see what they are doing. Supervisor Claud noted that should the Board approve the increase, BFI should provide a notice to all its customers because the increase will be effective for a five (5) year period, as stated in the term of the agreement, and BFI's customers should not anticipate an increase for the next five (5) years. Supervisor Clark moved the Board direct staff to advertise the 7% rate increase proposed by BFI for public hear;ng at the Board's November 20, 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. Charles W. Phelps, Sheriff, presented a request for reallocation of vehicle funds so that he can purchase a portable radar sign to be used in neighborhoods where speeding is a concern. He stated he would also like to purchase a $1,700 software program that is capable of recording data traffic. He stated the total for his request is $12,500 and he is proposing to take it from his vehicle line item. He noted that his office is .also waiting on Mrs. Marie Bailey to sign the necessary paperwork to file a complaint she made against certain deputies within his office. 18 Supervisor Clark moved the Board approve the Sheriff's .request to reallocate $12,500 in vehicle purchase funds for the purchase of a portable radar sign and related software 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. Mr. Robertson reported that the School Board's 2004 legislative priorities will not be available until next week and he would recommend the Board defer any action .until its November 20, 2003 meeting so that same could be included. Supervisor Bradshaw warned staff to be aware of the BPOL tax as it is proposed to be eliminated it in the upcoming session. He requested staff have information prepared for the Board at its November 20, 2003 meeting for discussion. Supervisor Claud requested Mr. Robertson make an attempt by letter with the appropriate General Assembly members to ensure other legislation is introduced, in addition to the cigarette tax. County Attorney Stroman noted that he had submitted a letter to Delegate Barlow with respect to grass cutting and he will follow up with regard to livestock issues. Supervisor Bradshaw requested staff ensure that Senator Quayle is a sponsor for the cigarette tax. He requested that Mr. Robertson copy the Board on all his letters to the Delegation. Chairman MacManus requested Mr. Robertson incorporate .support of the MASS/SOQ for consolidation throughout the Commonwealth. Mr. Robertson informed the Board that staff has rescheduled the Board's meeting with the General Assembly Delegation to 4:00 p.m. on December 18, 2003 to accommodate the schedules of Senator Frederick M. Quayle and Delegate S. Chris Jones. It was noted that Delegate Tones no longer represents the County and that staff would contact him with respect to his not attending the meeting. Patrick J. Small, Director of Economic Development, stated the Strategic Plan noted that the land trust is to be established in .December, 2003. He noted much of the preliminary background work has been accomplished, but his office has been without support staff over the past four (4) months. He stated the Board agreed to hire a new Rural Economic Development Manager and this will be one of that person's tasks. He requested that the Board change the .termination date for completion of establishing a land trust from December, 2003 to June, 2004. 19 eooK ~ 22 rp.,. ~5 Supervisor Claud moved to change the termination date for completion of establishing a land trust from December, 2003 to June, 2004. The motion. was. adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for Old Business. B. Extension of Permit Fee Waiver for Damage Repairs for Hurricane Isabel County Administrator Casket' stated the Board previously adopted a motion granting an extension of permit fee waivers for damage repairs due to Hurricane Isabel which will expire on December 2, 2003. He further stated the Superintendent of Inspections is recommending that the extension of permit fee waivers not be extended beyond December 2, 2003 for the reasons stated in the Board report. Supervisor Bradshaw moved that the Board direct staff to verify how this matter was handled in the .past with Hurricane Floyd and directed the County Attorney to draft an appropriate ordinance for public hearing utilizing that method. 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 consideration of the Old Business issue of curbside recycling. County Administrator Caskey presented for the Board's discussion information from the Town of Smithfield reflecting their own survey results. He stated the Board was previously provided with the results of the Town of Windsor. He noted that in all localities, a majority of individuals responding were not willing to bear the cost to continue curbside pick-up recycling. Chairman MacManus suggested that staff put in place the necessary ordinance to allow communities to request recycling, with the understanding there would be a five (5) year commitment on their part. County Attorney Stroman officer to .come with suggested language for a petition from a majority of the residents of a subdivision to ensure a 51 majority. Chairman MacManus stated he feels the Board should have some type of mechanism in place to keep recycling an option in the County in the future for communities that may wish to participate. 20 eooK 22 ~~~;~ $6 Chairman MacManus called for consideration of the OId .Business issue of County street maps. Mr. Hornbaker stated for .the Board's consideration are his recommendations pertaining to the reprinting of County street maps and associated costs. Supervisor Claud moved that the Board direct staff to proceed with the "Minor Revision" recommendation of staff at an estimated cost of $5,300. The source of funding to accomplish this is to be found interdepartmentally.. 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 notified the Board that their new a-mail addresses will consist of the first letter of their first name and up to seven (7) letters of their last names @ isleofwightus.net. He noted that he would be forwarding information on how to access their a-mail addresses. He further noted he would ask each Board member individually if they wanted their a-mail address listed on the PEG channel Supervisor Clark requested the status of the legal. matter that the Board has retained outside legal counsel. County Attorney Stroman offered to review the hourly rate listed in the outside counsel contract and report back to the Board with a recommendation. Supervisor Clark thanked the employees from the Department of Public Works for their quick response time to requests for debris pick up in his district. // Chairman MacManus called for New Businesse There was no new business offered for discussion by the Board. // Chairman MacManus called for Appointments. Supervisor Claud submitted his resignation as the County's representative on the Coalition of High Growth Communities and moved the Board appoint Richard K. MacManus as the County representative. 'The motion was adopted unanimously (5-0). 21 T; 2~ ;,,~ 8? BOOK -' " Chairman MacManus moved the Board appoint C. John Catron, replacing Linda Bean, on the Tidewater Regional Group Home Commission. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board reappoint David F. Bugin on the Board of Building Appeals. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board reappoint Malcolm Clark on the Commission on Aging. The motion was adopted unanimously (5-0). // County Attorney Stroman requested a closed session pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act concerning four (4) items pertaining to consultation with legal counsel pertaining to actual or probable litigation where such consultation in open meeting would adversely affect the negotiating or litigation posture of the public body. He noted the Board would not discuss Supervisor Bradshaw's personnel matter as he has left the meeting and does not anticipate him. returning. Supervisor Claud moved the Board enter closed meeting for the reasons stated. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw not present for the vote. Supervisor Claud moved the Board reconvene its meeting. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw not present for the vote. Supervisor Claud 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 TT 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 22 eoeK 22 0;,,;... ~?8 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, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 0 ' Supervisor Clark moved that the Board authorize a public notice on the tax abatement matter discussed in closed session. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and. Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw not present for the vote. ' Supervisor Clark moved the Board accept the Consent Order as drafted and executed by Mr. Lewis and Attorney Riddick, and to approve the exception to the Chesapeake Bay Ordinance as set forth in .the staff report. Two (2) typographical errors were noted for correction. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw not present for the vote. Supervisor Claud moved the Board authorize the award of the services in connection with the Carrsville fluoride treatment on an emergency basis pursuant to the Virginia Public Procurement Act and to post the notice as specified by that statute. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw not present for the vote. // Supervisor Bradby moved the Board adjourn its meeting at 8:15 p.m. The motion was adopted unanimously (5-0). y'K~ Richard. K. MacManus, Chairman 23