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04-21-1994 Regular MeetingB3~K .i~ i~f,r~~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY OF APRIL IN THE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Steve W. Edwards Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County_ Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Spady called the meeting to order at 6:00 p.m. and delivered the invocation. // Chairman Spady called for Citizens Comments. David Hardy, appeared with Clarice .Gwaltney and requested the Board to take formal action to prevent unauthorized services to homeowners from continuing in the. County. Chairman Spady referred Clarice Gwaltney to the County Attorney and requested the County Attorney to bring back a report to the Board on options of the County concerning curtailing such types of activities. Commissioner of the Revenue, :Gerald H. Gwaltney, presented the following. proposed .project schedule relative to data processing: May lst - issuance of RFP for hardware and software; end of June -selection of top two to three vendors, demonstration the last week of June; July 21st. present final vendors to Board; between August and December -proceed with implementation plan and convert data; and, January 1st • new system on line. Commissioner Gwaltney stated the County Administrator and Director of Budget. & Finance have met with the Southampton County Administrator to begin discussions regarding procedures the County will initiate to separate the equipment that is now located in Southampton. Commissioner Gwaltney noted the consultant did meet with the Parks & Recreational Facilities Authority and the Sheriff's Department to discuss their needs and determine the feasibility of these departments being hooked up to the Courthouse .line. Commissioner Gwaltney stated a presentation was given by Monette Information Systems relative to services they can offer the County.: Supervisor Bradshaw requested a copy of the RFP, particularly as it relates to training and maintenance of the system. 1 1 1 E~~x 15:e~U~~ // Chairman Spady called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated work tv correct the drainage ditches along Route 1603 has been completed. Supervisor Bradshaw requested VDOT to contact either Mrs. Lee or Mrs. Rainey relative to further -work being done. Mr. Neblett stated work is planned on Routes 58 and 632 to eliminate drainage problems, however,_it should be anticipated that flooding will occur every five years on Route 616. Supervisor Bradby requested a status report on Route 681. County Attorney Crook stated that his legal assistant was proceeding on the information Supervisor Bradby had given him after the last Board of Supervisors'. meeting to attempt t© learn who the landowners are and he would have a report for the Board before long. At Supervisor Bradby's request, Mr. Neblett agreed to meet him at the Gravel Hill Baptist Church in Rushmere on Thursday at 11:00 a.m. regarding a driveway concern. Supervisor Edwards requested Mr. Neblett investigate the possibility of improving the shoulders on the road just past the cotton gin proceeding. towards Suffolk. Mr. Neblett advised VDOT currently has a thirty foot right-of-way at this location and stated he would speak with the property owner regarding other alternatives. In response to Chairman Spady's question concerning why supplies are being stored on the Highway property at the welcome sign near the James River Bridge, Mr. Neblett advised that electronic message signs are in the process of being installed on the bridge and the contractor has chosen this location for the storage of his materials. Mr. Neblett stated he would investigate the matter further. Supervisor Bradshaw requested Mr. Neblett have the potholes repaired on Yellowhammer Road. David Hardy requested Mr. Neblett investigate the possibility of having athree-way intersection at Routes 620 and 258. Ricky Hardy, Captain of the Windsor Rescue Squad, accepted a plaque of appreciation on behalf of J. B. Newsom, volunteer of the year, and Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS 2 atlnK ~5 ~-;:rejt~~7 OF ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING APRIL 15, 1994 AS VOLUNTEER RECOGNITION DAY . IN ISLE OF WIGHT COUNTY WHEREAS, we are a nation that was founded by individuals who dedicated. their lives, energies, and resources to making-this a better world for. themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, and rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the community of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that the day of April 15, 1994. is hereby established as Volunteer Recognition Day in Isle of Wight County. BE IT FURTHER RESOLVED that a Copy of this resolution be forwarded to the numerous volunteer groups and organizations within the County, and that this resolution be prominently-.posted at the Isle of Wight Courthouse. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Board has indicated its desire to continue with a revenue sharing allocation for FY1994-95 of $300,000 stating that traditionally these revenue sharing. funds are applied to the secondary road plan program. .Supervisor Bradshaw moved. the Board direct that. the State/local revenue sharing allocation be allocated: to the secondary road program. The motion was unanimously (5-0) adopted. County Administrator Standish recommended the Board set May 19, 1994 for a public hearing on the secondary roads construction budget. Supervisor Cofer moved the Board set a public hearing on the secondary roads construction budget for the Board`s May 19,1994 meeting.. The motion was unanimously (5-0) adopted. // Chairman Spady called for the Community Development report. 3 BOCK 15 :, ..U() W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following for the Board's consideration: A. Application of Olde Towne Real Estate, Inc. and Gatling Pointe Management Corporation to locate one (1) main entrance and five (5) neighborhood identification signs closer than thirty-five (35) feet from. the street right-of-way, in Gatling Pointe South Subdivision, Newport Magisterial District Mr. Caskey stated there was no opposition presented at the Planning Commission's meeting and the Planning Commission voted unanimously to recommend approval of the application to the Board. Due to Chairman Spady's stated conflict of interest, Supervisor Cofer presided over the meeting and called for a motion by the Board. Supervisor Bradby moved the Board approve the application. The motion passed (4-0) with Chairman Spady abstaining from voting. B. Application of Loftin Rhodes for a Conditional Use Permit to locate a mobile home, to be occupied by granddaughter, .Renee R. Lankford and her immediate family, on Ballard Road (Route 614) between Walters Highway (Route 258) and Colosse Road (Route 641) in Windsor Magisterial District. Mr. Caskey stated there was no opposition presented when the application was considered by the Planning Commission and the Planning Commission voted unanimously to recommend approval of the application to the Board. Supervisor Bradshaw moved the Board approve the application. The motion. was unanimously (5-0) adopted. C. Application of the Trustees of Central Hill Baptist Church for a Conditional ,Use Permit to locate a church identification sign fifty (50) feet from the centerline of Central Hill Road (Route 637) in Hardy Magisterial District. Mr. Caskey.. stated there was no opposition presented when the. application was considered by the Planning Commission and the Planning Commission voted unanimously to recommend approval of the application. to the Board Supervisor Cofer moved the Board approve the application. The motion was unanimously (5-0) adopted. D. Application of the Hardy Elementary School Parent Teacher Association for a Conditional Use Permit to locate a school identification sign at Hardy 4 EON.' 15 ~;:~~'~~~~ Elementary School eighteen (18) feet from the right- of-way of Old Stage Highway (Route 10-Business) and twenty-two (22) feet from the right-of-way of Hardy Circle, in Hardy Magisterial District. Mr. Casket' stated on April 12, 1994 the Planning Commission was advised that the School Board had approved the sign and endorsed the application for the CUP. Mr. Casket' stated also at this time it was noted that the sign height was reduced to ten-feet and the Planning Commission voted unanimously to recommend approval of the application to the Board as amended. The motion was unanimously (5-0) adopted. Supervisor Bradby moved the Board approve the application. The motion was unanimously (5-0) adopted. E. Request of Benn's United Methodist Church to revise plans for building addition in St. Luke`s Historic District, 14571 Benns Church Boulevard, Newport Magisterial District. Mr. Casket' stated architectural plans were originally approved by the Board in May of 1993 with a favorable recommendation from the Historic Architectural Review Committee. Mr. Casket' stated these plans have since been amended by the Benn's Church building committee and presented to the Historic Architectural Review Committee which recommends approval of the request to the Board subject to the addition being constructed as depicted in revised building plans presented by the applicant. Supervisor Cofer moved the Board approve the request. The motion was unanimously (5-0) adopted. F. Cash Proffers Mr. Casket' stated information was presented on the cash proffer system at the Board's previous meetings, responsive to the cash proffer study- prepared by Tischler & Associates and accepted by the Board. Mr. Casket' stated the Board requested a recommendation for a cash proffer schedule and that communications be made between the two Towns relative to their potential shared interest and participation in the cash proffer system. Mr. Casket' stated staff's recommendation is that the Board consider adoption of an initial cash proffer schedule which represents 50% of the maximum supportable cash proffer amount for residential uses only. Mr. Casket' stated the County Attorney should also be authorized to advertise an appropriate amendment to the County's Zoning Ordinance for public hearing by the Planning Commission. Chairman Spady moved the Board refer the cash proffer study to the Planning Commission for their review, input and recommendation to the Board. The motion was unanimously (5-0) adopted. /! 1 1 1 5 g~nr ~_J ~i~~l Chairman Spady called for the County Attorney's report. County Attorney Crook stated at a former supervisor's request, he prepared an ordinance in 1993 which deals with reducing the exemption from taxation for certified pollution control equipment and facilities from 100% to 50%. Mr. Crook stated recently two other Board members have also indicated .their interest in such an ordinance.- Mr. Crook stated the Commissioner of the Revenue has advised him that, according to the most recent certification of pollution control equipment in the County, it will result in approximately $170,000 in reduced taxes this year if the certification takes effect this year for 100% exemption. Supervisor Edwards moved the Board advertise the ordinance amendment for public hearing. The motion was unanimously (5-0) adopted. County Attorney Crook stated he has reviewed the proposed Memorandum of Agreement between HRPDC and the County for a groundwater mitigation program which was presented to him by the County Administrator and he has a problem with the buy-in of $1,000 per local government with the balance of annual -cost allocated according to regional population. Mr. Crook stated at the present time the County has a water mitigation agreement with the City of Virginia Beach which applies to the wells owned by the County that are to be used in emergencies for the City of Virginia Beach. Mr. Crook suggested the Board may wish to communicate with Virginia Beach and suggest that they pay the County's $1,000 entry fee into this mitigation plan. Supervisor Bradshaw requested a copy of the agreement and moved the Board authorize the County Attorney and County Administrator to approach Virginia Beach relative to the annual cost and provide the Board with a report at their May 19, 1994 meeting... The motion was unanimously (5-0) adopted. County Attorney Crook presented a proposed contract to the Board between the County and Safe Harbour Security, Inc. for an alarm system for the Circuit Court Clerk's office which he has reviewed and made recommended changes. Supervisor Cofer moved the Board approve the contract with Safe Harbour Security, Inc. The motion was unanimously (5-0) adopted. Mr. Crook stated at the request of the County Administrator he has been preparing a water agreement between the Windsor Woods Subdivision, Town. of Windsor and the County. Mr. Crook distributed a letter to the Board on the status of the matter as prompted by a recent letter from the developer. County Attorney Crook stated he had three matters for executive session later in the meeting. County Administrator Standish stated the Western Tidewater Health 6 BOQN ~~ >e!'rV~~~ District has written the County requesting that the County's share be reduced from $302,000 to $285,575 in its annual FY1993-94 Cooperation. Agreement. Supervisor Cofer moved the Board authorize the amendment to the existing agreement. The motion was unanimously (5-0) adopted.. County Attorney Crook stated the County Administrator has presented the Board with a list of currently compensated boards/commissions which reflects that the Equalization and Reassessment Boards are compensated at higher amounts ($75.00). Mr. Crook further stated the Board by statute is authorized to set the fee for these boards and he previously advised the Board that they adopted a policy of paying boards/commission members $50 per meeting not to exceed $50 per month. Mr. Crook stated he would not recommend the Board change the amount being paid the Reassessment Board members at this time, however, when the Board appoints an Equalization Board the fee should be set taking into consideration the Board of Supervisors' long standing policy of paying $50 per meeting. Supervisor Bradshaw requested the County Administrator provide a list of Board of Supervisors' appointed boards/commissions and committees that serve the County and are not currently being compensated. // Chairman Spady called for a public hearing on the following: A. Six-Year Secondary Improvement Plan Mr. Neblett stated for the Board's consideration. is the approved 1992 Plan with includes the addition of Routes 655, 704, 644, and 620. Mr. Neblett further stated the dirt road projects added include Routes 631, 630, 646, 671- and 667. Upon Chairman Spady's inquiry about. the status of the bridge in Rescue, Mr. Neblett replied the project is fully funded at this time. Mr. Neblett stated the current year's money is shown as being placed on the causeway an Route 704 which is priority #29. Chairman Spady moved the Board redirect the $300,000 allocated the previous year (for a total of $508,000) into the Six-Year Road Improvement Program. The motion was unanimously (5-0) adopted. Donald Izbicki requested a status report on Laurelwood Drive. Chairman Spady stated Laurelwood Drive has not yet been accepted into the State's system, however, VDOT will proceed .with accepting Laurelwood Drive into the system as soon as the two signatures of the heirs of the Davis estate dedicate the necessary right-of-way., Chairman Spady 1 7 eo~M 1.5 ~::..~~~`~ stated when this is accomplished the road will be graded and will be placed on the Six-Year Plan. for paving. Following David Hardy's question as to what priority Route 709 is on the Plan, Mr. Neblett replied project #17. Henry Bell requested the status of the bridge at Route b81, to which Mr. Neblett advised that all right-of-way has been obtained and VDOT is in the process of preparing a contract. Chairman Spady closed khe public hearing and Supervisor Bradshaw moved the Board. approve the .Six-Year Secondary Road Improvement Plan as presented. The motion was unanimously (5-0) adopted. B. FY1994-95 Budgets County Administrator Standish noted the FY1993-94 revenue summary reflects $34,026,835 with a proposed FY1994-95 revenue summary of $35,935,651 that is in balance with the recommended list of expenditures. Supervisor Edwards inquired if the County Administrator had received information from the State indicating that the County had underpaid (or overpaid).its sales tax this year. County Administrator Standish stated of the 4.5% sales. tax in the County on eligible sales, 1% is returned to the County and shared with the towns, 2% goes to the schools, 1% is retained by the State and .5% goes to VDOT. Mr. Standish stated that, according to Dr. York, an incorrect amount was reported to the schools, but the difference would be taken up in the school aid formula so the net impact is essentially zero. Supervisor Bradshaw asked the County Administrator if the amount received from the State is checked for accuracy. County Administrator Standish stated the Commissioner of the Revenue is able to obtain information from the State regarding who reports sales tax. and the Treasurer receives a monthly amount from the State for the County's share. Mr. Standish stated he is unaware if there has ever been a reconciliation of this amount by either the Commissioner or the Treasurer. Supervisor Bradshaw stated he would like the County Administrator to work with the Treasurer and the Commissioner of the Revenue on the sales .taxes because in the southern end of the County the business addresses are listed as Franklin. Consequently, sales taxes from these businesses might be mistakenly returned to the City of Franklin instead of Isle of Wight County. Supervisor Edwards asked what is the current fund balance, to which County Administrator Standish replied approximately $2.2 million. Supervisor Bradshaw stated the $2.2 million is based on July 1, 1993 8 figures. In checking on what has been spent and not received the County Administrator should be able to provide a more accurate estimate on the fund balance at this time. County Administrator Standish stated because the fund balance is created through the under expenditure of appropriated dollars and the over receipt of revenues, the difference between the. two is how much is in the fund balance. Mr. Standish. further stated this is an ongoing process which may change daily. Supervisor Bradshaw stated staff should be communicating with the Treasurer so that fairly accurate estimates can be available at all times. County Administrator Standish stated the Treasurer does provide the Board with a monthly report, however, the most accurate fund balance estimate can be obtained when the auditor prepares their report for all expenditures and revenues through the fiscal year. Charles W. Phelps, Sheriff, stated he met with the County Administrator and County Attorney on several occasions to review alternatives since the establishment of his budget on February 8, 1994. Sheriff Phelps further stated The Tirnes reported his budget request reflected $103,000 for accrued leave which is not a large amount of money due to the fact that it included the maximum hours that an individual with the Department could accrue which would be 240 hours for 26 employees. .Sheriff Phelps stated he also requested $78,000 in future overtime based on 2,200 hours of overtime the officers gave during the past fiscal year, however, The Times indicated that this was for back pay. Sheriff Phelps continued the salary and wage increase resulted because he requested the County fund afull-time DARE Officer and a Deputy for the future. Sheriff Phelps stated he requested an additional $22,000 in the drug enforcement line item. because funds received fram seizures and forfeitures for drug enforcement are small. County .Attorney Crook stated $20,000 was earmarked for traffic enforcement and asked Sheriff Phelps what this amount, if approved, would return to the County in dollars. Sheriff Phelps stated radar stops result in the arrests of habitual offenders, drug arrests and seizures. Sheriff Phelps ,stated he would estimate from the $20,000, $35,000 to $38,000 could be returned to the County in fines. County Attorney Crook stated the Sheriff's Department was returning approximately $70,000 per year by enforcement of the traffic code, but this amount has decreased drastically. Mr. Crook stated he understood the reason for this decrease was lack of personnel to do traffic enforcement. Sheriff Phelps stated demands for other .services are preventing officers from routinely working radar and when grants were available, he was. able to assign officers to overtime to work special enforcement at peak times. Sheriff Phelps stated he is attempting to secure a highway safety 1 9 grant this year. Supervisor Bradshaw requested the County Administrator to review the County budgets to determine where the full-time DARE officer position is included. Supervisor .Bradshaw requested Sheriff Phelps to meet with the .County Administrator and County Attorney regarding the Sheriff's requested additional expenses and projected revenues that will result from these expenses. Pamela J. Edwards, Chairman of the School Board, stated the School Board is receiving approximately $350,000 less in basic aid or State monies and requested the Board to keep in mind the School Board's responsibilities and duties to the public. Supervisor Bradshaw asked how many teacher's aides does the County have and what is being recommended for the current fiscal year. Chairman Edwards stated seven part-time based aides, however the School Board has an opportunity through the Department of Education and State budget to reduce class sizes to approximately 20 students in Kindergarten and regular grades one through three with a lower size class. Hazel Clemons, Smithfield district representative on the Social Services Board, requested the Board fully fund the Social Services budget. Mary Jane Scott and Elsey White requested the Board fully fund the Social Services budget. Eric Thompson, Hardy District, requested the Board fund Phase II of the school construction program stating interest rates are at a twenty-year low. Mr. Thompson continued because the County can obtain money now at a lower interest rate to fund projects in the future this may be the way to proceed. Chairman Spady stated if the Board is reluctant. to raise taxes for Phase II they might have a referendum on the question. County Attorney Crook stated referendums are only allowed when they are required and provided for by law. Advisory referendums are not allowed by law he stated. Supervisor. Edwards suggested a meals tax referendum. Robert Goerger, Director of Extension Service, requested the Board fully fundthe Extension Service budget. Mr. Goerger requested an increase f in the Travel & Training and Supplies line items because of an increase in t Extension staff. Brenda Gooch and Denise Hunt requested the Board fully fund the Social Services budget as presented. 10 eu~~ 15:A~:~6~5 Alan Nogiec, Director of the Parks & Recreational Facilities Authority, requested the Board separate the adoption of the CIP from the County budget until the Board has a chance to examine various needs. Mr. Nogiec stated $9,000 was recommended for the replacement of maintenance equipment and $8,000 was recommended for the resurfacing of tennis courts, however, on a priority basis the maintenance equipment replacement is more essential at this time than the resurfacing. Mr. Nogiec further stated several years ago a program was initiated for the upgrade of Nike r Park over afour-year period. Mr. Nogiec stated Nike Park is now over twenty years old and presents situations that are potentially dangerous and outdated levels of service. Mr. Nogiec extended an invitation to the Board to visit the Nike Park facility. . Supervisor Bradshaw requested the County Administrator work with Alan Nogiec on a cost analysis for the previous ten years regarding repair costs for the Nike Park facility and projections on what it would cost to build new facilities as compared to repairing existing facilities. Christine Elwhite requested the Board fully fund the Social Services budget as presented. Todd Smith requested the Board appropriate the necessary funds to improve the Nike Park facility. David. Hardy, on behalf of the Youth Advisory Board, requested the Board fully fund the salary of the Director of Youth Services. W. F. Johnson, Newport District. and representative of the Isle of Wight Fire and Rescue Squads Association on the CIP budget, requested fire truck repairs .and SCBA replacement for the Carrollton Volunteer Fire Department, a $30,000 payment on the truck for the Carrsville Volunteer Fire Department, $17;000 to upgrade SCBA for the Rushmere Volunteer Fire Department, $4,000 to upgrade SCBA and pagers for the Smithfield Volunteer Fire Department, $225,000 to purchase a truck for the Windsor Volunteer .Fire Department, and $25,000 for the replacement of the chassis on existing vehicles for the Isle of Wight Rescue Squad and Windsor Rescue Squad. Mr. Johnson stated the total amount requested for these projects is $348,000. Florine Moore, representing the Isle of Wight Tourism Bureau and member of the Smithfield Town Council, requested the Board fully fund their budget as presented in the amount of $45,000. Diane Howard, Director of Tourism, advised the Board that for every dollar spent to attract tourists, the tourists in turn spend $2.67 in the County. Phyllis Bloxom of Rushmere appeared on behalf of the Tourism Bureau and requested the Board fully fund their budget as presented. Jim Abbot, Smithfield business owner, requested the Board fully fund the Tourism budget as presented. 11 BOCK 15.r.r:~E-~~7 Scott Brower, ,representing the .Isle of Wight Fire` and Rescue Association, pointed out the various volunteer fire and rescue squads save the County approximately $2,000,000 a year in salaries alone and raise a great deal of funds on their own for their operating budgets. Mr. Brower urged the Board to fully fund the Association's proposed budget. Buela'Thomas of Smithfield urged the Board fully fund the Social Services budget as presented. Brian Carroll, President of -the Isle of Wight Rescue Squad, requested the Board increase their operating budget from the recommended $63,000 to at least $85,000.. . Supervisor Edwards distributed to the Board a copy of a letter from the Isle of Wight Education Association for the Board's consideration. Chairman Spady closed the public hearing at 9:00 p.m. and Supervisor Cofer moved the Board take a ten-minute recess. The motion was unanimously (5-0) adopted. The Board reconvened at 9:12 p.m. // Linwood Rhodes requested the Board's assistance in alleviating abusive phone calls at his residence. Supervisor Bradby moved the Board direct the County Administrator communicate with the S1leriff on the matter. // Chairman Spady- called for the County Administrator's report. County Administrator Standish distributed a surnmary,of the bids received for design, construction and operation of roll-off refuse centers to serve a site' in the Carrollton and Carrsville areas. Mr. Standish further stated the total is $291;567 and would be financed by the Bank of Hampton Roads at 5.45% for. fifteen years which represents $2,420 per month or $29,000 annually, with an additional cost of $60 to service the boxes. Mr. Standish advised the FY1994-95 budget provides adequate funds for at least two additional sites, plus the costs of servicing. Supervisor Cofer moved the Board concur with SPSA's proposal. The motion was unanimously (5-0) adopted. County Administrator Standish stated staff has met with representatives of the Rushmere Volunteer Fire Department to review their request for construction of a kitchen and meeting room, as well as completion of the interior of the building, which was never fully completed because of budgetary limitations. Mr. Standish stated plans and specs have been put to bid, however, only one bid from J. R. Wills, the original builder, 12 eo~K 15:~:~~E~.~.~s was received at $90,300. Mr. Standish suggested three options: Accept the $90,300 bid, re-bid the work to potentially reduce the cost, or determine if the County can be the contractor and sub out the work. County Administrator Standish stated sealed bids were solicited using the original plans and specs. Mr. Standish further stated only one bid was received which was from the. original builder, however, RFPs were sent to all area contractors and posted at the Courthouse. r Chairman Spady stated ik concerned him that only one bid was received. Supervisor Bradby moved the Board grant the contract to J.R. Wills in the amount of $90,300 with $72,000 to be taken from the 1990 bond issue and the balance to be taken from the FY1993-94 CIP funds. The motion passed (4-1) with all other members voting in favor of the motion except Chairman Spady who voted against the motion. Phyllis Bloxom stated members of the Rushmere Volunteer Fire Department, through fund raisers, has built an office, purchased a heat pump, installed a shower room, apparatus room, and. two bathrooms. Mrs. Bloxom pointed out that the Rushmere Fire Department is on first line call for the Surry Nuclear Plant. .County Administrator Standish stated the Clerk of the Circuit Court was requested by the Board of Supervisors to investigate the, cost of a second printing of Historical Notes on Isle of Wight County., Virginia and recommends an additional printing of 1,500 copies at $13.27 each, at a cost of $19,905. ..Supervisor Cofer moved the Board authorize funds in the amount of $19,905 to be taken from the Board`s operating expenses for a second printing of Historical Notes on Isle of Wight County, Virginia. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board adopt the following. resolution: RESOLUTION RECOGNIZING APRIL 24, .1994 THROUGH APRIL. 30, .1994 AS NATIONAL VICTIMS' RIGHTS WEEK. WHEREAS, thirty-five million Americans fall victim to violent crime each year in the United States; and, WHEREAS, every minute in the United States four women are battered, one woman is raped, six children are abused, and one person is robbed; and, WHEREAS, victims play an indispensable role in bringing offenders to justice and thus preventing further violence; and, WHEREAS, victim service providers, counselors, and advocates 1 13 eo~~ 1.5 :~.. ~ ~~ should enjoy full support from all public and private institutions, entities and individuals in their efforts to render critical assistance to those whom .our nation failed to protect; and, WHEREAS, whether measured in dollars, domestic tranquility, dread. or death, crime represents one of the greatest threat to Americans and America; and, WHEREAS, Isle of Wight County is joining forces with victim service programs, criminal justice officials and concerned citizens through Virginia and America to observe National Crime Victims' Week. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the week of April 24, 1994 through April 30, 199.4 be declared Crime Victims' Week. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED TWENTY-NINE DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE TITLE VIB PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia has received preliminary approval for a grant for the Title. VIB program; and, WHEREAS, the funds in t11e amount of two hundred seventeen thousand five hundred twenty-nine dollars ($217,529) need to be appropriated to the School grant fund in the 1993-94 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two hundred seventeen thousand five hundred twenty-nine dollars ($217,529) be appropriated to line item Title VIB in the 1993-94 budget of the County of Isle of Wight, Virginia. 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 tl~e budget for this grant and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED DOLLARS FOR PARTICIPATION IN A DEPARTMENT OF CRIMINAL JUSTICE SERVICES. RESEARCH PROJECT 14 BO@K 15 ~F';`~t1Cl .WHEREAS, the Isle of Wight County Office on Youth is working to address the concerns and needs youth in Isle of Wight County, particularly at-risk youth; and, WHEREAS, the Commonwealth of Virginia Department of Criminal Justice Services is conducting a statewide research project to study barriers to service for youth involved with the court system; and, WHEREAS, grant funds in the amount of five hundred dollars {$500) have been awarded to the Office on Youth for its assistance and participation in said project. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five hundred dollars ($500) or as much as might be received from the, Commonwealth of Virginia Department of Criminal Justice Services be appropriated to the Office on Youth line item (28-11-092-5120E-5401A) in the 1993-94 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 for this grant and to do all things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. County Administrator Standish stated a grant for .funds for the resolution included in the agenda to accept and appropriate $15,000 from the Commonwealth of Virginia for strategic planning was denied. County Administrator Standish stated the County is annually requested by the Extension Service to participate in the Gypsy Moth Suppression Program by executing an agreement and allocating local dollars. to pay for the Program.. Mr. Standish further stated the estimated cost is approximately $250. Supervisor Cofer moved the Board enter into the agreement for the 1994 Cooperative Gypsy Moth Suppression Program subject to the County Attorney's approval of the form of the agreement. The motion was unanimously. (5-0) adopted. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS FROM THE 1993 SCI-TOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the school construction-program; and, WHEREAS, the funds in the amount of two million dallars ($2,000,000) need to be appropriated from the .1993 school bond issue 1 1 15 eo~~K ~5:,..7~1 proceeds to the school construction fund in the 1993-94 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 two million dollars ($2,000,000) from the -1993 school bond issue proceeds be appropriated. to the school construction fund in the 1993-94 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. the things necessary to .give this resolution effect. The motion was unanimously (5-0) adopted.- County Administrator Standish stated the Tourism Board anticipates a shortfall of $2,000 in the current fiscal year. Mr. Standish further stated the Town of Windsor has allocated $400 and the Town- of Smithfield $800. Supervisor Edwards moved the Board authorize a transfer of $800 from the contingency account to the Tourism account to meet the shortfall. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Fair Committee is requesting $10,000 to cover the preliminary -cost of the event. Chairman Spady moved the Board authorize a transfer of $10,000 from the contingency account to the Fair Committee account. The motion was unanimously (5-0) adopted. County Administrator Standish stated tl~e regional Groundwater Study is an ongoing effort in all of the communities in the Hampton Roads area on acost-sharing basis to fund an Aquifer System Analysis Model and data. Supervisor Cofer moved the Board authorize $700 for the County's continued participation in the program. The motion was unanimously (5-0) adopted. Supervisor Edwards requested the County Administrator provide a status report on installation of water-saving devices in County residences. County Administrator Standish stated the County's auditor advised that the receipt of .non-local money requires that the County have aDrug- Free. Workplace Policy and those personnel retained under grants should review the Policy and indicate in writing that they have reviewed and understand same. County Attorney Crook stated the Policy identifies .the type of employees as those employed under a grant or cooperative agreement with State or Federal agencies, however, the County has other employees and the 16 )1 Bo~~ ' 15 :x:-702 Policy should be worded so as to apply to all County employees. Supervisor Cofer moved the Board approve the following .amended policy as recommended by the County Attorney: ISLE OF WIGHT COUNTY DRUG-FREE WORKPLACE POLICY The County of Isle of Wight prohibits its employees from participating in the unlawful manufacturing, distributing, dispensing, possessing or use of a controlled substance in the County's workplace. Violation of this policy can result in immediate disciplinary action consistent with the offense, up to and including termination. The County .recognizes that alcohol and drug dependency and/or behavioral and medical problems resulting from. said dependency .can be .treated. 'The. County also recognizes that alcohol and drug abuse may create health, safety and security problems. Employees needing assistance in dealing with such problems are encouraged to seek help under the County's health plan as appropriate. Conscientious efforts to seek such assistance will not jeopardize the employee's employment with the County in accordance with the Americans with Disabilities Act. If there is "reasonable suspicion" of any employee using or being under the influence of alcohol or a legal or illegal drug or otherwise unable to perform his{her duties in a safe or satisfactory manner, the employee's supervisor shall advise the department head who will take the appropriate steps to determine what, if any, action will be taken according to the County's Personnel Policies and Procedures Manual. Circumstances which may constitute a basis for "reasonable suspicion" may include, but are not limited to: 1) an on-the-job accident or off-the-job serious accident where the cause is unknown and the supervisor has reason to question the physical andlor emotional condition of the involved employee(s); 2) a pattern of abnormal or erratic behavior such as unexplained mood swings, paranoia, hallucinations, hyperactivity, etc.; . 3) actual observation of drug or alcohol use; 4) presence of physical symptoms of drug or alcohol use .such as glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination, and/or reflexes, needle marks or scars on arms determined to be drug related, onset of unusual perspiration or shakes, unusual drowsiness or sluggishness, etc. If "reasonable suspicion" is determined to exist, and the County Administrator deems it appropriate, a drug screening, to include obtaining 1 --, D 17 ~o~r ~5.,..,.~0~ a blood and/or urine sample, will be obtained at the County s Health Department .facility .or a reputable medical facility or laboratory who will handle all testing of such samples. The Sheriff's Department may be called if the supervisor or County. Administrator determines t11at assistance is needed in escorting the employee off County premises and/or to the employee's residence. The County Administrator (or his designee) is available to assist employees, supervisors, and department heads in carrying out the intent of this policy, and in helping the employee seek assistance under the County's health plan or .through. the Western Tidewater Community Services Board. . Any employee requested to provide a blood and/or urine sample for testing under the above=mentioned- circumstances, shall be asked to sign a consent form authorizing such tests and the release of such .test results to the County. Refusal. to sign such consent form may constitute behavior which may be subject to disciplinary action up to and including consideration of dismissal. All drug and/or alcohol testing shall be conducted at the County's Health. Department, or a medical facility or laboratory selected by the County, with the exception of alcohol testing, which may be conducted by a certified breathalizer operator at the County's discretion. The County shall strive to educate and inform all County employees about the dangers of drug abuse, t11e County's policy, and any available drug counseling and/or rehabilitation programs available and the penalties which maybe imposed upon employees for violations of this policy and the County's intent to provide a safe, healthy and drug-free work environment for all employees. ISLE OF WIGHT COUNTY DRUG-FREE WORKPLACE POLICY The County of Isle of Wight prohibits its employees from participating in the unlawful manufacturing, distributing,: dispensing, possessing or use of a controlled substance in the County's workplace.. Violation of this policy can result in immediate disciplinary .action consistent with the offense, up to and including termination. By my signature below, I acknowledge: that I have received this notification. that as an employee, I have received a copy of the Isle of Wight County Drug-Free Workplace Policy. that as a condition of my employment, I will abide by the terms of this policy, and shall notify the County Administrator if I am convicted of any criminal drug statute violation no later than five days after such a conviction. 18 that the. County will notify all appropriate federal agencies within ten days after receiving notice that 1 have been convicted of such a violation. that the County Administrator will take one of the following actions, within 30 days of receiving notice of my criminal conviction referenced above: a. take appropriate personnel action, up to and including termination; b. require me to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. The motion was unanimously (5-0) adopted. County Administrator Standish noted X24,372.40 was collected by the delinquent tax attorney at a cost to the County of $3,227.04. Mr. Standish stated this amount represents 13% of the amount collected. Chairman Spady suggested the Board may wish to request the delinquent tax attorney to pursue the delinquent tax payers who have large amounts that have been outstanding. fc~r several years. County Attorney Crook stated the delinquent tax attorney is pursuing all of the delinquent tax payers but is unable to handle two of the cases which are being pursued by him on behalf of the County due to conflict of interest and has requested. the County Attorney to pursue those two.. County Administrator Standish reported Franklin has indicated their interest in participating in the funding of a position to oversee the Comprehensive Services Act Program contingent upon the State continuing to fund its share. Mr. Standish further reported Suffolk and Southampton have the matter under consideration at this time. Mr. Standish continued the County's share would be approximately $1,$00. Supervisor Edwards stated- the County has two fire departments that are located in the Towns that pay a portion of the operating budgets for these .departments and asked the County Administrator to elaborate on the County's funding formula. County Administrator Standish stated during the last several budget years the Board allocated a larger amount for the three departments located in the County and not in the Towns. Mr. Standish stated the Board requested quarterly reports from all departments during the current fiscal year to develop a knowledge regarding the activities of the departments which, in the future, will provide a basis for the amount of funding. 1/ 19 r 1 BOCK ~5 :~..,"1 (lr Chairman Spady called for Old Business. Dr. Jane T. York,. School Superintendent, stated the Board .received a letter and, cash flow report on March 31, 1994 indicating the amount needed to complete Phase II. Dr. York stated the letter indicated the schools needed, less the $300,000 previously committed, $2,682,000 to complete the FY1994-95 school year with the Smithfield Middle School construction and the design of the Carrsville, Hardy and Windsor schools. Dr. York stated the design documents are nearing completion for the Smithfield Middle. School Supervisor Bradshaw requested Dr. York to review the Phase II cash flow needs: Dr. York stated the School Board needs to know that the money will be appropriated,. but spending would not begin until July 1, 1994. Dr. York stated if a bid was awarded in June and construction began the bills would come in around the August Board meeting. Supervisor Bradshaw stated based on the school's needs, all of the money would not have to be liorrowed at one time. Supervisor Cofer stated because of :the latest bond issue the County should not incur additional debt for at least ninety days because the County must state to the bond rating firms that there are no material misrepresentations in the bond issue. Supervisor Bradshaw stated the County can still finance Phase II on the open- market on a temporary basis and borrow m ey as needed. Supervisor Bradshaw asked Dr. York if the Board does not gi ,the School Board the funding in July will construction be pushed to another year. Dr. York stated "yes" although it does not have to be pushed totally. Dr. York explained the most valuable time is during the summer months before the children return to school, but if the School Board can proceed with.. a major. portion or segments then the School Board knows how to 'package things for the bid package. Dr. York stated Smithfield Middle School would be the' only school to suffer. Supervisor Bradshaw stated. he would like to commend the School Board. administration on how their budget was addressed because they have made some difficult decisions regarding personnel to bring educational costs down while still providing quality education. Supervisor Cofer suggested the Board commit to putting the Smithfield Middle School to bid and determine the method of funding at. the Board's July meeting. Chairman Spady stated he could not commit to the full funding of Phase II at this point, however, he will commit to Phase II Smithfield Middle School upgrade by July. Chairman Spady reminded the Board that the County's financial advisor has advised the County should not enter the 20 y g00~1 15 :ar.~70~ bond market fox at least another year. Supervisor Cofer stated he could commit to the proposal for Phase II to allow the School Board to solicit the bids for the Smithfield Middle School, but he wanted to look at the projects as they come along because of the job market and the economy. Supervisor Bradshaw moved that the Board commit to Phase II as f 'presented by the School Board in their request of March 31, 1994 and in the interim authorize the County Administrator to develop a plan for short- term financing of Phase II. The motion was unanimously (5-0) adopted. // Chairman Spady called for New Business. There was no new business offered for discussion by the Board. !/ Chairman Spady called for Appointments. Supervisor Bradshaw questioned the make-up of the Industrial Development Authority. County Attorney Crook stated there are seven. appointees, one from each district and one from each town, on the Industrial Development Authority. i Supervisor Bradshaw stated there appears to be too many from Smithfield/Newport Districts. and not enough from Windsor District.. County Attorney Crook said he would review the appointments to see if all districts and both Towns were properly represented.. Chairman Spady moved the Board recommend Grace Keen to the courts. for appointment to the Board of Equalization.. The motion was unanimously (5-0) adopted. Supervisor Bradby moved- the- Board recommend Mary Wells to the Circuit Court Judges for appointment to the Board of Equalization. The motion was unanimously (5-0) adopted. Supervisor Bradshaw. moved the Board reappoint Anthony King for an additional four-year term on the Board of Zoning Appeals representing the Carrsville District. The motion was unanimously (5-0) adopted.. Supervisor Bradby moved the Board reappoint David Hardy for an additional .four-year term to the Industrial Development Authority representing the Hardy District. The motion was unanimously (5-0) adopted. J 1 21 ao~K 15.~u~707 ii Chairman Spady called for approval of the ~Marc11 17, 1994 regular meeting minutes, the March 31, 1994 continued meeting minutes and the April 5, 1994 continued meeting minutes. Upon recommendation of County Attorney Crook, Supervisor Cofer moved the Board adopt the March 17, 1994 minutes. The motion was unanimously (5-0) adopted. Upon recommendation. of County Attorney Crook, Supervisor Bradshaw moved the Board adopt the March 31, 1994 minutes. The motion was unanimously (5-0) adopted. County Attorney Crook stated he had a question on the bids in the April 5, 1994 continued meeting minutes because the columns for the bid proposals, although the bidder is not identified, does not appear to reflect Davenport as the low bidder in column 1. Mr. Crook further stated it appears that column 2 is the lowest interest and he requested the Assistant Clerk to discuss this with t11e County Administrator and Director of Budget & Finance. Mr. Crook recommended the Board defer approval of the April .5,:.1,994 minutes until the matter is resolved. On motion of Supervisor Cofer, the Board tabled action on the April 5, 1994 -continued meeting minutes until the April 29, 1994 meeting by unanimous vote. // At 10:35 p.m., Supervisor Bradshaw moved the Board go into executive session under Section 2.1-344 Al of the Freedom of Information Act to discuss a personnel matter and under Section 2.1-344 A7 of the Freedom of Informatiorn Act for advice of counsel concerning litigation .matters. The motion was unanimously (5-0) adopted. Upon returning to open session at 10:53 p.m., Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive 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, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive 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 22 gOnN 15 FA~'~O~) Virginia law were .discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. // At 10:54: p.m., Supervisor Cofer moved the Board continue. -the meeting until .Friday, April 29, 1994. at 12:00 p.m. and direct .the County Administrator in the .interim to provide the Board by Thursday any comments .concerning revenues. The motion was unanimously (5-0) adopted. ~. A. Sp , Chairm Myles F~ Standish, Clerk 23