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10-20-2005 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND FIVE ~ PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Thomas R. Ivy Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. and recognized Supervisor Bradby for his thirty (3Q) years serving on the Board of Supervisors and eight (8) years serving on the Social Services Board. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw. formally recognized Thomas R. Ivy, the Board's appointee to fill the Smithfield District seat, replacing Richard K. MacManus, until a special election is held in November, 2006. Supervisor Ivy commented that: he looked. forward to working with the Board in promoting the interests of the County. // Chairman Bradshaw called for approval of the agenda. County Attorney Stroman requested-that the fallowing amendments be made. to the agenda: Pull Item (A), Policy for the Use of the Isle of Wight County Seal and Logo, from the County Attorney's Report; add an Item (B), e. +~ 1 r e~ - 80Oh ? ~~J 1 "Shared Services with Schools," to Old Business; add an item for discussion under New Business; and, pull Item (E), Biosolids Monitor, from the Consent Agenda. He stated that the Closed Meeting would consist of a total of twelve (12) items, as follows: Six (6) matters requiring legal advice; one (1) matter pertaining to acquisition of real property for a public purpose; and five (5) personnel items. Supervisor Wright moved that. the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors. voting against the motion. - /1 Chairman Bradshaw called for Special Presentations. Anna Hatter, on behalf of Leadership Isle of Wight, briefed the Board on substance abuse among.the County's youth. Supervisor Bradby expressed a desire to know how the County substance abuse rates in comparison to other localities of the same size and population. Supervisor Clark expressed a desire to know how many localities were surveyed, and requested a copy of the survey... He recommended that the School Board also receive a presentation. Cory D. Fernandez offered to get the answers to Supervisors Bradby and Clark's questions, and provide them at a future presentation. Ben Rideout, Chairman of the Route 58 Business Revitalization Committee, briefed the. Board on the ongoing activities and recommendations of .that Committee.. He spoke highly of the cooperation among the various individuals on that Committee, and that the Committee has established four (4) specific objectives to accomplish revitalization in the southern end of the County. He stated that the Committee's first recommendation is to solicit the Board's authority for the Committee to work with VDOT and CSX Railroad to have the area along Route 58 Business cleaned of debris. 1 Supervisor Clark moved that staff be directed to identify property lines to address Recommendation #1, as follows: -The Committee respectfully recommends the Board of Supervisors utilize its authority to do .all things necessary to contact and. work with the- CSX Railroad and the Virginia Department of Transportation to clean and/or clear any unsightly debris, vegetation, trees,. etc. which blight the CSX right-of--way along the Route 58 Business Corridor in Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 2 ~ ~~ 9onr ~.~ - ~ ~4 Mr. Rideout thanked the Board for its financial support of $15,000 and advised that the Committee will also be seeking donations ..from various Foundations :and organisations in the southern end of the .County. He requested that the Board. approve Recommendation #2 of the Committee to .extend the water and sewer lines in-the southern end of the County. Chairman Bradshaw moved that .staff be directed to review Recommendation #2 during the update of the County's Comprehensive Plan, as follows: Direct staff to incorporate the concept of revising the Camptown Development Service District during the current Comprehensive .Plan revision process as follows: Return to the original 1991 DSD boundaries (which included the Carrsville area and property along Route 58 Business), to also now incorporate the Butler. Farm property, and any. other minor revisions, as recommended by the Route 58 Revitalization Committee. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor. of the motion, and no Supervisors voting. against the motion. Supervisor Clark moved that the Board address the issue of bylaws for the Committee under Old Business. The motion was adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rideout requested that the Board direct staff to move forward to make such actions outlined in Item #2 be incorporated and reflectedinto the County's Water and Sewer Master Plan. Chairman. Bradshaw moved that the Board accept Recommendation #3 of the Committee, as follows: Direct staff to move forward to make- such actions outlined in item #2 be incorporated and reflected into the County's Water and Sewer Master Plan. The motion was. adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rideout invited the Board to attend the Committee's next meeting scheduled for Monday, October 24, 2005 at 7:00 p.m. at Joe's Restaurant. on Highway 58. Mike Dangerfield, Facility Manager,. Virginia Department of Transportation, briefed the Board on available funding for. the design and construction of the emergency gates and lights to be installed by VDOT at or near the entrance to the James River Bridge in the County. He explained that .because the gates at each location must be individually designed, the funds for those projects were not expended by June 30, 2005, and. the funds were then allocated. to other projects. He advised that engineers are. in the process of designing the thirty two (32) individual gates; however, the dates for their installation have not been determined. 1 1 3 90~~ 2~ : ~ ~. 52 Supervisor Clark inquired why the. northbound lanes of the James River Bridge were closed longer than the southbound lanes on recent Sundays. U Mr. Dangerfield responded that the equipment used to move the motors that are .located in the towers is located on the northbound lanes, and the southbound lanes are only closed for sufficient time to reposition the boom on the crane. Supervisor Clark inquired about VDOT's .evacuation plan with respect to motorists traveling from the County and utilizing. the James River Bridge in the event of an emergency. Mr. Dangerfield responded that the James River Bridge is assigned to take traffic west from the County up to Interstate 64 at the Hampton Coliseum. MacFarland Neblett, VDOT Resident Engineer, advised that the hurricane evacuation routes are Routes 58, 460 and 10. // 1 Chairman Bradshaw indicated the Consent Agenda included the following items: A. Resolution to Authorize Disbursement of Up to Three Hundred Thirty-Three Thousand Three Hundred Ninety-Five Dollars from the Capital Budget to the Industrial Development Authority for the Completion of the Shirley T. Holland Commerce Park - Phase II Construction Project r B. Resolution to Accept and Appropriate Additional State Funding .for Schools C. Resolution to Deem Certain Property as Surplus Equipment D. Monitoring of the V-Stop Program E. Biosolds Monitor F. Voting Credentials for the VACo Annual Business Meeting G. .Board of Zoning Appeals Resolution for Gayle B. Brown H. Resolution of the Board of Supervisors of Isle of Wight County . Requesting Addition of Certain Roads in Cedar Grove Subdivision, Section II into the Secondary System of State Highways 4 90~~ r r,~ .~~~ I. Delinquent Real Estate Tax Collection Monthly Report t J. September T 5~ 2005 Continued Meeting Minutes K. September 15, 2005 Regular Meeting Minutes Chairman Bradshaw asked if there were any items for removal. Supervisor Clark moved that Item (E), Biosolids Monitor, be removed, and that the remaining items on the Consent Agenda be adopted. The motion. was adopted by a vote of (5-0} with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting. against the motion. Supervisor Clark further moved that the Board discuss Item (E), Biosolids Monitor, under Old Business. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Chairman Bradshaw advised that the Southside Mayors and Chairs meeting for this month was cancelled. Supervisor Clark reported that emergency preparedness and transportation were topics of discussion at the most recent meeting. of the Hampton Roads .Planning District Commission. He noted that a simulation of a category five (5) hurricane was requested so that the needs could be determined in the event that a catastrophic weather event occurred. Supervisor Wright reported on overcrowding (200+ inmates) at the Western Tidewater Regional Jail. He notified the Board that a meeting has been scheduled for Friday, October 21, 2005 to discuss alternatives to address the shortage in finances. // Chairman Bradshaw called for Transportation Matters. Sandon Rogers, Transportation Planner, noted contained in the agenda is a list of VDOT responses to action items from various. Board meetings through September 15, 2005. Supervisor Clark moved that the Board direct staff to address the following transportation issues: Add Whispering Pines Trail back to the list 5 ~,,,,~ 2`~ 5?7 of Board road concerns, and that VDOT maintain .this roadway three (3} times .per month and apply .additional rock; inquire as to the feasibility of installing acrosswalk/speed limit reduction on Battery .Park Road between the Gatling Pointe Subdivisions; investigate the potential for cars to drop off ' the shoulder of Old Carrsville Road (near the old drive-in theatre), as well as cleaning out of the culverts; the project status of the Route 460 center. turn lane (County Administrator Caskey advised that Mr. Rountree is currently working with the Windsor Town Manager with respect to a joint resolution.); that the .Rountree Construction Company be advised that its tandem trucks have been seen pulling out onto Route 17 with no respect for traffic flow; that a pothole on Route 10 be repaired. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 Thomas Finderson notified the Board about flooding conditions that occurred at the .first and second curves on Sugar Hill Road during tropical storm Tammy. Supervisor Clark moved that the Board direct staff to contact the VDOT Resident Engineer, and provide a report back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Michael. Uzzell of Central Hill expressed concern with the number of accidents that have recently occurred at Highway 620 and Route 258. He requested that a caution light be installed warning motorists of the upcoming intersection. Chairman Bradshaw moved that the Board direct staff to work with VDOT on Mr. Uzzell's safety concerns with the intersection of Route 620 and Route 258, and report back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion.. Mr. Uzzell requested that a warning sign be installed before the stop sign at Route 258 and Route 637. n Chairman Bradshaw moved that the Board direct staff to work with VDOT on Mr. Uzzell's concern with Central Hill Road and the stop sign. visibility with Route 258, and report back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and. Ivy voting in favor of the motion, and no Supervisors voting against the motion. 6 BOOM ~`.~ ,, .~ ~~~ Mr. Rogers presented a Resolution Establishing the Recommendations of the Board of Supervisors of Isle of Wight County, Virginia, for the FY2007-2012 Virginia Transportation Improvement Program of the Commonwealth Transportation Board and Virginia Department of Transportation for the Board's consideration. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION ESTABLISHING THE RECOMMENDATIONS. OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, FOR THE FY2007-2012 VIRGINIA TRANSPORTATION IMPROVEMENT PROGRAM OF THE COMMONWEALTH. TRANSPORTATION BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Commonwealth Transportation Board and the Virginia Department of Transportation will conduct a public meeting for Interstate, Frimary, and Urban System Transportation Improvements in the Hampton Roads District on Wednesday November 2, 2005 at .2:30 p.m. at the Chesapeake Conference Center, 900 Greenbrier Circle, Chesapeake, Virginia 23320, and, WHEREAS, Isle of Wight County, Virginia, wishes. to make specific recommendations for transportation improvement projects to be included in the Virginia Transportation Development Plan by the. Commonwealth Transportation Board, and WHEREAS, the most critical corridor in need of improvement is the Route 258 corridor from the Town of Smithfield to Route 58 Business, and WHEREAS, this corridor serves as the primary north-south access to the .two major industries in the County, Smithfield Foods, Inc. and International Paper Corporation, accounting for considerable truck traffic along with the regular traveling public, school buses and farm equipment, and NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following corridor is considered the highest priority transportation .improvement for the County because of its potential to address serious vehicle safety problems as well as to provide significant economic benefits for the movement of goods and services within the County and the Hampton Roads Region: Realignment and the widening of Route 258 to four-lanes between Route 10-Smithfield Bypass to Route 58, including: a. The construction of the Route 258-Windsor Bypass and its .grade-separated crossing at the Norfolk Southern rail line; ~~,,~ 2`? x..:529 1 and, b. The construction of the connector highway (Berms Church Connector) to relocate Route 258 south of Route 10 between Benns Church and Isle of Wight Courthouse: and, c. The reconstruction and widening of Route 258 south of Smithfield to extend the center turn lane to Route 620. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County., Virginia, supports improvements to U.S. Route 460 between. Petersburg and the Suffolk Bypass. This segment of Route 460 is projected to be heavily congested in the future, yet supports one-quarter of .the freight .needs of the Hampton Roads region, and as a consequence has a death rate of twice the statewide average. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, supports the establishment of high speed rail service to the Hampton Roads region along the Route 460 corridor. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are considered to be other important and vitally necessary transportation improvement priorities in the County: 1 1 1. Construction of capacity and safety improvements to Route 10 in Isle of Wight County, including the widening of Route 10-Bypass to four (4) lanes, along with similar improvements within the Counties of Surry and Prince George. 2. Full funding for the construction of dedicated left-turn lanes on Route 460 in the Town of Windsor from Route 258 eastward to Hidden Acres Circle. 3. .Full funding for the replacement of the Blackwater Bridge between Isle of Wight County and the City of Franklin. 4. Full funding of the second phase of the Route 10 widening project from Fort Huger Drive, Route 676, to Track Lane, Route 624. 5. Construction and improvement of turn lanes on Route 17 and its intersection with Route 659, Kings Cove Way. 6. Improving the Benns Church intersection at Route- 258. and Route 10 to include additional turning lanes. 7. Installation of variable message signs as a component of the Advanced Warning System for the James River Bridge. 8. Improvement of the .drainage piping under Route 17 at Ragged Island Creek to accommodate additional flows, located 0.75 miles from the James River Bridge. 8 ~~~~ 2`3 . ~ -5`~(l BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the County Administrator is to forward a copy of this resolution to the County's legislative delegation and to the Virginia Department of Transportaton for inclusion in the official record of the 2005 public meetingsfor the Virginia Transportation Development Plan. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Citizen's Comments. Betsy Egan of 205 Clipper Creek Lane submitted a Position Statement from the Citizens for the CASA Program.. She expressed opposition to bringing a new CASA Coordinator into an unhealthy supervisory environment. She requested that Mr. Robertson be removed from. his supervisory chain of command on the CASA Program. She further requested that a target date of June, 2006 be established for. bringing the program back to a healthy state, and that the reinstatement of the CASA Advisory Board be added to the CASA Action Plan. Sharon Hart notified the Board that the previous request of Jerianne Gardner for an air-sampling monitoring device has never been addressed by staff. She requested that a target date be established for the CASA Program to ensure the citizens that the program will be re-evaluated, and a report will be presented to the citizens. Jim Steinke of Riverview Road requested the Board to approve the Hazard Mitigation Plan under consideration later in the meeting. Lois Chapman, Citizens for the CASA Program, requested an amendment to the current Action Plan for the -CASA. Program stating "it welcomes. and values citizens input during this transition time"; that a target date be established for the reestablishment of the CASA Board; and, that the current members. be retained on the CASA Board, to include William C. Johnston. Supervisor Clark moved that the matter of the CASA Program be moved to OId Business for discussion. The motion was adopted by a vote of {5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. William C. Johnston expressed concern with .the inability of staff to locate the records pertaining to the CASA Program. He recommended that the Board hire a competent person as the CASA Coordinator.. 9 :~:,, 23 ~~31 1 Grace Keen of Benn's Church Boulevard notified the Board concerning three (3) .robberies that recently occurred at her home on Benn's Church Boulevard. She noted a need for additional Deputies in the Sheriff's Department, and requested that a Sheriff's Precinct be established in the ' Newport District. General Aaron Lilly addressed the Board concerning the County's lack of emergency preparedness. He stated the County's responsibility for cars traveling along the County's roadways during emergency events, to include broken down cars, and cars that have run out of gas, have not been addressed. He stated the County is in need of volunteers, and staff needs to develop a volunteer recruiting program,. and. then proceed with initiating the training of those volunteers. He advised that he has developed a plan to evacuate students from the. Carrollton Elementary School that has been approved by the Sheriff's Department should a shooting incident or other major emergency occur, and that he will continue to proceed with developing the necessary plans for the other schools in the County. County Administrator Caskey advised that the Director of Emergency Management would be making a formal presentation to the Board at its November 3, 2005 meeting on the County's emergency preparedness. Thomas Finderson addressed the Board concerning the need of the County to plan for aclass-three (3)-storm event. Albert Burckard of the Newport District recommended that the Board proceed with the hiring of a Tourism Director. Jerianne Gardner of the Newport District advised the Board that few changes have been made regarding emergency management during the last four (4) years. She requested an answer to her earlier question posed to the County Administrator regarding the County's procedure with respect to employee evaluations. She further expressed to -the Board concerns regarding the County's procedure for _ anonymous complaints of codes violations, which places staff in the position of having to mediate. She advised the Board that the Red .Cross considers the emergency preparedness plan to be presented by the Director of Emergency Management to be vague. Michael Huffman, Hardy District, addressed his concern with the administrative management of the County. He stated the departure of key personnel .from County staff will affect the overall quality of life of all County citizens; leave gaps in the overall daily administrative operations of the County; and, cause delays in processing, operation, and land preservation. He also noted concerns with the management of County in the areas .of morale and job satisfaction; effectiveness; public relations with County residents; continuance of emergency planning; personnel utilization, and job responsibility. He requested that the Board review the overall track record of the County Administrator and his Assistants. He requested that the citizens 10 k ,w a ~` lY V' ~ 1. ~` f ~ ~ r~I be provided an explanation .for why personnel have suddenly departed employment with the County; why funds were not properly utilized as prescribed by regulation; why vague .answers are given to citizens on issues of concern; why there is snot a qualified oversight committee to assist the Board, staff and citizens on issues involved with the .Office on Youth, County Fair or VDOT matters. He requested that County staff that are in a position of responsibility be held .accountable for their actions, or their lack of action, on certain issues. Nancy Guill of 10108 Riverview Bluff stressed her concern with missing volunteer records associated with the CASH Program, and she requested staff to continue to attempt to locate them. She asked the Board to keep in mind that for a citizen to ask for the removal of an individual. from employment with the County is very difficult, and it illustrates the level of dissatisfaction, or lack of faith or belief, that things will change in the future. Herb DeGroft of 15411 Mill Swamp Road expressed his concern that the Assistant County Administrator/Administration is resigning. He thanked. her for her service to the County, and requested that her replacement come from existing County staff. He stated that the Board needs to further address emergency preparedness in the County. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman noted that he would be discussing the twelve (12) items indicated under the Approval of the Agenda later with the Board during the Closed Meeting.. i/ ~ ~ Chairman Bradshaw moved the Board take a ten (10) minute recess. The motion was. adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of -the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board return to open session. The motion, was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion,. and no Supervisors voting against the motion. /e Chairman Bradshaw called for the Community Development Report. Mark Harrup, Planner presented an overview: of the Request for Proposals pertaining to the Isle of Wight County Affordable Housing 11 .Strategy. He advised that a two (2) income household of $60,000 would be eligible for a mortgage of $152,000, and that an individual earning $36,000 would be eligible for a mortgage of $110,000, both of which fall short of the average price of homes sold today in the County. He stated a requirement in the Code of Virginia stipulates that the Comprehensive Plan shall include a designation of areas and implementation of measures for the construction, rehabilitation and maintenance of affordable housing which is sufficient to meet -the current and future needs of residents at all levels of income in a locality while considering the current and future needs of the planning district within which. the locality is situated; ,however, the definition of affordable housing. is not defined in the state statute. He presented the recommendation of staff that it be authorized to obtain the services of a consultant to facilitate a taskforce to develop an affordable housing strategy;. perform research and obtain data; advise who needs. affordable housing in the County, and where affordable housing should be located; and, propose solutions and provide documentation of proposed policies and strategies for addressing affordable housing issues.. Beverly H. Walkup, Assistant Director of Planning and Zoning, advised that the Code of Virginia does. include a reference to an affordable dwelling unit program which defines affordable as housing for which persons or households do not expend more than thirty percent (30%) of their income. She stated that while staff is continuing to attempt to define the need for affordable housing, and what population is being targeted in the County, steps have already been taken to provide affordable housing in the St. Lukes project. She stated a consultant is the first step in defining what affordable housing means, and .will provide staff with .data to use on a case-by-case basis, similar to the way staff has utilized the Cash Proffer Study. Supervisor Clark moved the Board approve the Request for Proposal for the Isle of Wight County Affordable Housing Strategy. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright. and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Mr. Harrup briefed the Board on staff's efforts to date with respect to the Isle of Wight County Hazard Mitigation Grant Program (HMGP) as it relates to administrative policies intended to make the project equitable for all property owners participating in the project. Supervisor Wright moved the Board approve the Hazard Mitigation Grant Program Administrative Policies. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 // Chairman Bradshaw called for the Emergency Management report. 12 800h ~~ ~ ~ ~4 Richard O. Childress, Director of Emergency Management, presented a .Resolution to Appropriate. $25,000 from. the Unappropriated Fund Balance. of '~ the General Fund to Provide Funding to Carrsville Volunteer Fire Department for the Replacement of a Brush Truck. for the Board's consideration. Chairman Bradshaw moved the Board approve the request as presented by the Fire and Rescue Association, and adopt the following Resolution:. ' RESOLUTION TO APPROPRIATE TWENTY FIVE THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROVIDE FUNDING TO CARRSVILLE VFD FOR THE REPLACEMENT OF A BRUSH TRUCK- WHEREAS, Carrsville Volunteer Fire Department was awarded a Fire Act Grant in the amount of $112,500 for the purchase of a Brush Truck; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, ..Virginia has approved advance funding to reimburse Carrsville Volunteer Fire Department for their costs .associated in the replacement of the brush truck; and, WHEREAS, the funds in the amount of twenty-five thousand dollars ($25,000). need to be appropriated from the Unappropriated Fund Balance for said expenditures in the FY 2005-06 Capital Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty five thousand dollars ($25,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the appropriate line item in the FY 2005-06 Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the. County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give thin resolution. effect. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Administrator's report. 13 1 1 County Administrator Caskey presented a request from the Smithfield Town Council relative to establishing a redundant secondary emergency dispatch center for the Town of Smithfield. He relayed staff s recommendation is that the request be referred to the Emergency Communications Center Board for further review and recommendation. Responding to an inquiry from Supervisor Clark if it was previously discussed and agreed upon that there would be a redundant secondary emergency dispatch center for the Town. of Smithfield, Sheriff C. W. Phelps advised that the Board of Directors had previously discussed utilizing the existing center in the Town of Smithfield for a redundant site; however,. he did not recall a consensus ever being reached. He advised. that no direction was given or funds allocated for that purpose. Responding to Supervisor Clark's concern with cost to accomplish a .redundant center, Supervisor Ivy noted that the cost is approximately $72,000 and $3,500 monthly for the E-911 switch. He advised that the reason for the Smithfield Town Council passing a resolution in support of a redundant center is because of the recent failure experienced by .the County's dispatch center. He stated that the previous Emergency Communications Director had. incorrectly informed the Smithfield Town Council that a mutual aid agreement existed with the City of Suffolk or the City of Chesapeake in the event that the County's center was lost to a natural disaster. He stated no such mutual aid agreement exists, and the Smithfield Town Council acknowledges that a redundant center is needed, and there is an existing facility in the Town of Smithfield that could be utilized as a secondary center. Sheriff. Phelps clarified Ghat he was not opposed to having a redundant center; however, the question is whether or not it is feasible. He advised that the emergency communications system. recently experienced a lightening strike, and was down for approximately thirty (30) minutes, but the issues that caused it to be inoperable have been addressed by increasing the battery back-up capacity and other measures to prevent it from happening in the future. He stated .the building being destroyed by a natural disaster is a genuine concern; however, his concern is more with a fire occurring in the center which could not be quickly extinguished. 1 Supervisor Clark moved that the Board request the Emergency Communications Center Board to provide a recommendation and report back to the Board and the. Smithfield Town Council on a redundant .secondary emergency dispatch center for the Town of Smithfield. The motion was adopted by a vote of (5-0) .with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. In response to Grace Keen's notification earlier in the meeting that three (3) robberies had recently occurred at her. home on Benn's Church Boulevard,. and her subsequent request for additional deputies and that a 0 I4 Sheriffs Precinct be established in the Newport District, .Sheriff Phelps advised Supervisor. Clark that he could not guarantee that there would not be additional robberies along Route 10 if the Board approved additional deputy ~ positions .within his .Department. He confirmed that additional deputies would only decrease response time after an incident had already occurred, and they would not have a deterrent effect. Chairman Bradshaw stated the main deterrent of crime is lighting, and he recommended that the Board reconsider the policy adopted in the past to not install street lights. Sheriff Phelps concurred with Chairman Bradshaw's recommendation. He stated. while his office is in need of additional deputies, it will not stop burglaries. , Chairman Bradshaw and Supervisor Clark, as the Board's representatives on .the Law Enforcement Committee, o€fered to meet -with Sheriff Phelps to discuss how the County can assist .his .department in deterring future crime in the Newport District. County Administrator Casket' presented a report for the Board's information concerning the Office of Youth responsive to the meeting held on October 12, 2005, and that was attended by Ms. Seward, Mr. Robertson, Mr. Popovich and himself. .County Administrator Casket' called the Board's attention to the Isle of Wight County. Annual Financial Plan, which was prepared by the Department of Budget and Finance, and which is for the Board's reference.. /! Chairman Bradshaw called for Appointments... Supervisor Clark moved the Board appoint Thomas R. Ivy, replacing Richard K. MacManus, on the Chamber of Commerce. The motion was adopted by a vote of (5-0) with Supervisors Bradby, .Bradshaw, Clark, Wright and Ivy voting in favor. of the motion, and no .Supervisors voting against the motion. Supervisor Wright moved the Board appoint Thomas R. Ivy as the .alternate member, replacing Richard K. MacManus, on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. 15 1 Donald M. Long, Director of Public Works, addressed the issue of utilization of the Old Agricultural Building, specifically the request of the Veterans of Foreign Affairs to utilize the building for their meetings. He ' advised that the Department of Public Works is currently using the building for storage purposes, and he requested the Board's permission to work with the Veterans of Foreign. Wars and address their needs. r County Attorney Stroman recommended that the Board have an agreement with anyone who is regularly utilizing County property .to protect the County from any liability. Chairman Bradshaw moved .that the Director of Public Works, in conjunction with the County Attorney, develop a lease agreement between the County and the Veterans of Foreign Wars to utilize the Old Agricultural Building. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Caskey distributed a copy of correspondence received from Dr. Michael W. McPherson, School Superintendent, transmitting a formal motion of consideration for additional shared services between the County and the school administration relative to four (4) major areas of shared services. He noted that the School Board is also interested in hiring a consultant to review and analyze the benefits of that effort. Supervisor Clark requested the County Administrator to advise the Board by e-mail when the next meeting is set with school administration personnel regarding shared services between the County and the school organization. E. Wayne Rountree, P.E., Assistant County Administrator/Development, addressed Item (E), Biosolids Monitor, which was removed from the Consent Agenda earlier in the meeting.. He advised that monitoring is anticipated to performed by field personnel within the Department of Planning and Zoning. Supervisor Wright commented that he had expected Rachel M. Morris, Rural Economic Development Manger, to be the monitor because of past her experience. 1 Supervisor Clark recommended that when the Monitor is selected, it should be one (l) specific employee, and not several different individuals. He stated Ms. Morris was hired to be a farming advocate, and to be the Biosolids Monitor might place her in an awkward position. Mr. Rountree .advised that the first application approved by the state would not result in the application of Biosolids until sometime next year as it 16 ~~_. ~3 538 is now too .late in the season, He advised that if monitoring was to be performed at this time, Ms. Morris would be involved because of her past training. He offered to reevaluate the matter and report back to the Board e with a recommendation of who should be the Monitor. Supervisor Clark moved that the Board table the matter until. the Board's November 3, 2005 meeting, and direct staff to reevaluate the matter based on the comments of the Board with respect to who should be appointed as the Monitor, and that. the Monitor should be .one (1) specific individual, ~ and not several. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and .Ivy voting in .favor of the motion, and no Supervisors voting against the motion.. With respect to the CASA Board, Supervisor Clark advised that it is the Board's obligation to reinstate. the CASA program as quickly and efficiently as it can be done. He recommended that the Director's position be full-time. Chairman Bradshaw noted that by making the Director's. position full- time, .the program could possibly become a regional program as recommended by the Judges. He stated the Cities of Suffolk and Franklin, and the Counties of Southampton, Sussex and. Surry do not have a CASA program in place. County Administrator Caskey advised that when the CASA program was established in the County, it was intended to be the model for the rest of the district. He stated the .question of whether the CASA program will be government or 501(3)C funded will be addressed by July, 2006, as set out in the Action Plan. Supervisor Clark moved that the Board direct staff to explore the cost of hiring afull-time person; staff is to advise the Board if it believes an individual could be-hired part-time who is qualified; and, whether or not this action will more quickly achieve the Board's goal in reestablishing the CASA program. Staff is to report back to the Board at its November 3, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Anne F. Seward, Assistant County Administrator/Administration, briefed the Board on the status. of the missing CASA files. She advised that nineteen (19) of the twenty (20) files have been found, and that a meeting with CASH volunteers has been set for Thursday, October 27, 2005. Chairman Bradshaw stated pursuant to a motion he had made at an earlier meeting to identify homebuilders interested in developing housing in the southern end of the County, and because of the initiative that staff has begun working with the Peninsula Homebuilders Association, -the RFP is no longer necessary... 17 I~ Chairman Bradshaw moved to rescind his previous motion directing staff to issue an RFP to identify .home builders interested in developing housing in the southern end of the County. The motion was adopted by a ' vote of (5-0) with Supervisors Bradby, Bradshaw, Clark,. Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for New Business. Supervisor- Ivy moved that the Director of Economic Development be directed to work in conjunction with the Director of Budget and Finance and the Commissioner of Revenue to analyze, reevaluate, and report back to the Board with recommendations on potential issues associated. with the County retaining the current boat tax versus what other communities in the area are doing. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 Supervisor Clark stated the revitalization of the Route 58 corridor pertains to landscaping, easements, grants and matching funds to beautify the corridor in an inexpensive fashion. He stated the Board previously allocated $15,000 for these efforts, and the Route 58 Revitalization Committee should have its own set of bylaws and guidelines. Patrick J. Small, Director of Economic Development, clarified that the funds that were allocated are being .held by the Industrial Development Authority, which will be the responsible agency for spending the funds. Supervisor Clark moved that the Board direct staff to move forward with the development of the Route 58 Revitalization Committee guidelines and Action Plan, and that staff ensure that the beautification aspect is addressed as a separate item. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor. of the motion, and no Supervisors voting against the motion. J/ County Attorney Stroman requested a closed meeting pursuant to the Code of Virginia, Section 2.2-3711.A.7 to receive legal advice regarding the pending lawsuit against the County by East West Partners with respect to utility connection fees; pursuant to Section 2.2-3711.A.7 to receive legal advice regarding the Board's request for categorical appropriations for public education; pursuant to Section 2.2-3711.A.7 to receive legal advice regarding a proposed contract with Advance PCS Help; pursuant to Section 2.2- 3711.A.7 to receive legal advice on a proposed charitable contribution to Windsor Youth Foundation; pursuant to Section 2.2-3711.A.7 to receive 18 ~flC~f (~-f ~~~ legal advice concerning the possible recovery of damages from a former tenant of County property; pursuant to Section 2.2-3711.A.7 to receive legal advice concerning a claim related to the water system for Smithfield Heights; pursuant to Section 2.2-3711.A.3 concerning the acquisition of real property for a public purpose; and, pursuant to Section 2.2-3711.A.1 regarding five (5) personnel matters to discuss the assignment, appointment, promotion, performance, demotion, disciplining or resignation of specific public officers, appointees, or employees of the County. Supervisor Wright moved the Board enter the .closed meeting for the reasons stated. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and- Ivy voting in favor of the motion, and no Supervisors voting. against the motion. Supervisor Wright moved the Board. return to open session and that the Board only discussed three (3) personnel issues as opposed to the- five (5) personnel issues stated in the motion.. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, .Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion.. Supervisor Clark moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING .i WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia. requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business .matters lawfully exempted from open meeting .requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) -only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradby, Bradshaw, Clark, Wright and Ivy NAYS: 0 ABSENT DURING VOTE: 0 19 ABSENT DURING MEETING: 0 // 1 Supervisor Wright moved that the Board extend its 11:00 p.m. adjournment time until the .remainder of the business items have been addressed. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw,. Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor Clark moved. the Board reconvene in the closed meeting pursuant to the Code of Virginia pursuant to Section 2.2-3711.A.1 to discuss two (2) personnel items, and pursuant to Section 2.2-3711.A.3 relative to acquisition of real property for a public purpose, which was requested by staff to be withdrawn. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion.. 1 Supervisor Wright moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters .lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board. of Supervisors. VOTE AYES: Bradby, Bradshaw, Clark, Wright and Ivy 20 NAYS: 0 ... ~~ -~~2 ABSENT DURING VOTE: 0 ~ ABSENT DURING MEETING: 0 // Supervisor Clark moved that the CASA Director position be changed to full-time status, and that staff be directed to provide a recommendation of appropriate changes to the budget. The motion was, adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // At 12:05 a.m., Supervisor Bradby moved the Board adjourn its meeting. The motion was adopted by a vote of (5-0) .with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the .motion, and no Supervisors voting against the motion. P p A. Bradshaw, Chairman W. Douglas as y, Clerk