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12-15-1994 Regular MeetingB~oK ~.6 Pa~E 113 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF .DECEMBER IN THE YEAR NINETEEN HUNDRED NINETY FOUR 1 PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A, Bradshaw Lud Lorenzo Spivey Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, Interim County Administrator 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. The invocation was delivered by Supervisor Spivey. // Chairman Spady called for Special Presentations. n Russ Myers, Eggleston, Smith, Hall, Cotman & Company, stated an audit performed for the County`s 1993-94 fiscal year shows the County controls approximately $61,000,000 in assets with operating expenditures of .approximately $52,000,000 yearly. Mr. Myers stated ..the County's Comprehensive Annual Financial Report contains the auditor's opinions on the County's financial statements, compliance with laws and regulations, and its ability to control finances (internal control. structure). Mr. Myers continued it is the auditor's opinion the financial statements of the County are fairly presented and the County is in compliance with the laws and. regulations of the. programs it administers. Chairman Spady requested that page ~~88 of the audit report be corrected to reflect cold storage rather than coal storage . Supervisor Bradshaw requested a correction to reflect that Supervisor. Bradby does not serve on the Public Welfare Board. Dan Fermil, Regional. Field Representative with the Tidewater Emergency Medical Service Council, requested the Board support their efforts to provide cardiac/paramedic emergency medical dispatch service to the citizens of the County. Mr. Fermil further stated this type of service can be provided at a cost of approximately $40 per dispatcher which would cover text and materials. Chairman .Spady stated the Board could endorse the program, however, the matter should be referred to the Town of Smithfield because its dispatchers handle emergency medical service calls. Supervisor Bradshaw moved the Board authorize staff to write the 1 ., B~oK 16 Pacf'114 Smithfield Town Manager. endorsing the program and asking them to participate. The motion was adopted unanimously (5-Q). // Chairman Spady called for Transportation Matters. R. Bryan David, County Planner, stated VDOT is conducting a study I of unimproved secondary roads listed in the Six-Year Road Improvement Plan relative to additional right-of-way needed from landowners fronting these roads. Mr. David further stated contained in the agenda is a report which identifies the name and route number of the secondary road, the location of the section of unimproved roadway,. the total number of landowners fronting the roadway, and the number of landowner donations completed to date. Mr. David noted along any given section of a roadway the existing width of right-of-way may range from thirty feet to fifty feet and, in addition, individuals, groups, or estates may own land located on both sides of a roadway as well as the proportionate share of needed right- of-way which may be held by a small number of owners relative to the total , number of owners along a given roadway section. Mr. David advised a VDOT representative will be attending the January meeting to further brief the Board on the matter. Supervisor Bradshaw requested a listing of the landowners who have donated rights-of-way for Pruden Road. Supervisor Bradby requested County Attorney Crook to contact Mr. Goodrich who is willing to donate the necessary right-of-way on South Shore Drive in Rushmere Shores. Supervisor Bradby stated there are concerns with the right-of-way on Poplar Drive and he will continue to seek additional information on the matter. Supervisor Bradby requested a status report from the-County Attorney concerning donation of rights-of-way for Route 681. County Attorney Crook stated two. additional deeds have been recorded on the James Hall Estate and one landowner has been located who indicated by phone that she will sign and return the deed to him. County Attorney Crook stated the landowner in Smithfield has not yet responded. County Attorney Crook continued a total of 14 deeds have been recorded and four more are needed. Supervisor Bradby stated he will contact County Attorney Crook regarding the remaining four landowners on Route 681 who have not donated the necessary rights-of-way. Supervisor, Spivey requested staff to seek VDOT's assistance on the following: Speed limit study on Cut Through Road and Five Forks Road going towards Deer Path Road; signage obstruction on Route 644 onto Route 460; and, the main stop light at the Farmers Bank in Windsor needing 2 1 1 BOOK ~U PAGE ~~5 a left turn signal and longer sequence on the caution light. Mr. David stated the Board had previously adopted a motion at their November 1994 meeting regarding the design and construction of the Jones Creek Bridge project to request VDOT provide information concerning the estimated construction cost of raising the height of the bridge to 15 and 17 feet, respectively. Mr. David further stated included in the Board's agenda package is a response from the VDOT Assistant Resident Engineer on the matter. Supervisor Bradshaw moved the Board direct staff to prepare a letter to VDOT advising that the County is not in agreement with the proposed 12-foot clearance height of the Jones Creek Bridge and that the Board requests the bridge either be raised to 17 feet or VDOT return to the Board with a reason why this cannot be accomplished. The motion was adopted unanimously (5-0). Mr. David stated VDOT has reviewed a proposed realignment of a section of Orbit Road in an effort to eliminate a sharp curve located approximately .6 miles north of the. intersections of Orbit Road, Everets Road and Five Forks Road. Mr. David further stated to have the alignment of this road corrected would require inclusion of such a project in the Six- Year Plan which is scheduled to be updated in the spring of 1996. Supervisor Bradshaw moved-the Board direct staff to write VDOT requesting inclusion of this proposed .realignment of Orbit Road into the Six-Year Plan. The motion was adopted unanimously (5-0). Mr. David stated VDOT has conducted a speed study of Spivey Town Road between Sunset Drive and Rhodes Drive and included in the agenda for the Board's information is a speed study- relative to same. Supervisor Bradshaw moved the Board ask VDOT to reduce the 55 mph speed limit on Route 258 at the Windsor Elementary School and post school zone signs. The motion was adopted unanimously (5-0). Luther W. Boone requested a speed study be preformed on Winston Drive and that "Children at Play' signs were needed in certain areas in and around Zuni. Supervisor Bradshaw moved the Board direct staff write VDOT requesting a speed study on Winston Drive and consider appropriate signage. The motion was adopted unanimously (5-0). // Chairman Spady called for Citizens Comments. Grace Keen requested the. Board adopt a resolution urging the Governor and General Assembly to revisit .the Right to Farm Act amendment which .was passed by the 1994 session of the General Assembly. 3 i 8~ox ~s PAS ~.~s Supervisor Bradby moved the Board direct County Attorney Crook to prepare a resolution concerning the Right to Farm Act stating zoning matters should be the responsibility of the local government. The motion was adopted unanimously (5-0). // Chairman Spady called for the Community Development report. Mr. David presented. the- following for the Board's consideration: A. .Application of Richard F. Cassell, Sr., owner, and Richard F. Cassell, Jr., prospective owner, for a Conditional Use Permit to continue the location of a mobile home occupied by Richard F. Cassell, Jr., for a period of five (5) years while building a residence at 23177 Kings Cove Way in Newport Magisterial District. 1 Mr. David stated the Planning Commission at its meeting of December 13,1994 discussed the application and determined that similar applications. have been recommended for approval subject to the permanent residence being constructed within three years and a building permit obtained within 12 months. of the date of approval. Mr. David. stated the Planning Commission voted unanimously to recommend approval subject to the applicant building the permanent residence within three years and the building permit obtained within 12 months of the date of approval. Chairman Spady moved the Board approve the application of Richard F. Cassell, Sr. according to the recommendations of the Planning Commission that the residence must be built in three years and the applicant must obtain a building permit within 12 months. The motion was adopted unanimously (5-0). B. Preliminary subdivision plat of Waterford Oaks -Section III, Canteberry Lane in Newport Magisterial District. Mr. David stated the Board approved a rezoning of the residential portion of Waterford Oaks on November 3, 1988 with proffered conditions including a limitation of no more than cane hundred sixty dwelling units, curbside garbage collection, .restrictive covenants, buffering from the adjacent farm, and tree protection during the development of individual. lots. Mr. David stated the R-1 District provides for minimum lot sizes of 15,000 square feet if public water and sewer service are provided. Mr. David further stated the preliminary plat consists of a forty-two lot subdivision which represents the third phase of the residential development and the lots are to be served by a continuation. of Canteberry Lane, one loop street and three cul-de-sac streets. Mr. David continued the proposed streets serving the subdivision are to be .constructed to VDOT standards for inclusion in the State Secondary Road System. Mr. David stated all lots are to be served by a public water system approved by the Director of Public Utilities and. sewage disposal is to be provided by the Town of Smithfield. Mr. David stated the Planning Commission tabled consideration of the 4 1 1 1 eno~ 16PACE~1~~ preliminary subdivision plat at its regular meetings of October 11, 1994 and November 8, 1994 to provide time for the developers to address certain issues discussed at these meetings. Mr. David' stated the Planning Commission further considered the preliminary subdivision plat at its December 13, 1994 meeting and determined that the revised street alignment is in compliance with the applicable requirements of the County's Subdivision Ordinance. Mr. David stated the Planning Commission voted unanimously to recommend approval of the preliminary subdivision plat to the Board. Mr. David stated .his earlier memo to the Planning Commission concerning several lots with inadequate frontage was in error and the plat is now in full compliance with the Subdivision Ordinance. Supervisor Cofer moved the. Board approve the preliminary subdivision plat of Waterford Oaks, Section III, Canteberry Lane as presented. The motion was adopted unanimously (5-0). C. Final subdivision plat of Quail Meadows, Cedar Grove Road (Route 661), in the Newport Magisterial District. Mr. David advised the Planning Commission considered the matter at its meeting on December 13, 1994 and tabled consideration until. their January 10, 1995 meeting. D. Final subdivision plat of Gatling Pointe South -Phase 1C, Battery Park Road (Route 704}, Newport Magisterial District. Mr. David stated the Board approved a rezoning of the property to Conditional Townhouse Residential on October 5, 1989 subject to certain proffered conditions. Mr. David .further stated the rezoning was to provide. for no more than 290 single-family homes on approximately 255 acres of land. Mr. David continued the final plat represents a 29 lot .phase of the Subdivision which is to be served by a cul-de-sac street built to VDOT standards for inclusion in the State Secondary Road System. Mr. David stated all lots in the Phase 1C are to be served by a community water system approved by the Director of Public Utilities and by a public sewage system approved by the Town of Smithfield. Mr. David further stated the Board previously considered the preliminary plat at its meeting on August 18, 1994 and granted an exception to Section 4-4-1-6 of the Subdivision Ordinance permitting the cul-de-sac street to exceed 400 feet in length. Mr. David continued the final subdivision plat is in compliance with applicable County ordinances subject to final approval of the development plans by VDOT, the Town of Smithfield and the Department of Community Development. Mr. David stated the developer is to post a .performance surety for the total cost of the required improvements serving Phase 1C, pay fees for street lights and signage, and record with the Clerk of the Circuit Court a .maintenance agreement for ,the stormwater management facility serving Phase 1C. Vice-Chairman Cofer presided over the meeting and called for comments from the Board. Supervisor Bradshaw moved the Board. approve the final subdivision e~oK ~ 16 PacE 118 plat of Gatling Pointe South, Phase 1C. The motion passed (4-0) with .Chairman Spady abstaining from participation, discussion and voting on the matter citing a conflict of interest as a landowner of the property involved. E. Request of Tim Baer t/a Baer Equipment for partial exemptions from certain requirements of the Isle of Wight County Highway Corridor Overlay District with regard to the proposed fitness equipment operation located at 15220 Carrollton Boulevard (Route 17) in Newport Magisterial District. Mr. David advised the Planning Commission considered the matter at its meeting. on December 13, 1994 and tabled consideration of the matter until their January 10, 1995 meeting. // Chairman Spady called for the County Attorney's report. County Attorney Crook stated he received by facsimile transmission today the YMCA lease which he recommends to the Board for approval. Mr. Crook stated his recommendations have been incorporated into the lease which .was approved today by the YMCA Board. Supervisor Cofer moved the Board authorize the Chairman to execute the lease between the County and the YMCA on behalf of the County upon receipt of the original lease and approval by the County Attorney. The motion was adopted unanimously (5-0). County Attorney Crook stated he has the lease between .the County and Kirk Timber and Farming Company for the Pons Precinct polling place signed. by the President of Kirk Timber and Farming Company which he recommends to the Board .for approval. Supervisor Bradby moved the Board approve the lease between the County and Kirk Timber and Farming Company for the Pons Precinct polling place and authorize the Chairman to sign same. The motion was adopted unanimously (5-0). Interim County Administrator Caskey advised a fence has been installed and is limited to across the frontage of the site which provides no .access to the site from the road. County Attorney Crook stated he has the annual agreement from the Department of Health, Commonwealth of Virginia, for matching funds in the amount of $379,000 from the State and $305,122 from the County. Mr. Crook stated he does recommend the agreement for the Board's approval. Supervisor Bradshaw moved the Board approve the Health Deparkment agreement and authorize the Chairman to sign same. The motion was adopted unanimously (5-0). County Attorney Crook stated regarding a report to the Board on 1 1 6 1 BOOK ~ V PAGE 119 small claims court legislation, he has discussed the matter with the General District Court Judge of this circuit who does not recommend it because the County is not presently experiencing problems with small claims. Mr. Crook stated he would request an executive session later in the meeting to discuss a number of items. // Chairman Spady called for the County Administrator's. report. Interim County Administrator Caskey stated the Board previously approved the bid of C. W. Brinkley and Sons, Inc. in an amount of $27,672 for construction of a storage building for County use. Mr. Caskey further stated. the specified building did not contain insulation or an expandable- wall unit and the Public Works Director has additionally recommended raising the eave height of the building from 10' to 12' to better facilitate loading and unloading equipment onto vehicles. Mr. Casket' continued the additional cost would be $2,232 and the total amended cost of the building would be $29,904. 1 1 Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY NINE THOUSAND NINE HUNDRED FOUR DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE FOR CONSTRUCTION OF A COUNTY STORAGE FACILITY. WHEREAS, the Board of Supervisors of the County of .Isle of Wight has determined that a County storage facility is needed for the storage of seasonal equipment, inactive equipment and records; and., WHEREAS, funds in the .amount of twenty nine thousand, nine hundred four dollars ($29,904) need to be appropriated from. the unappropriated fund balance for the County storage facility in the 1994-95 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia appropriate funds in the amount of twenty nine thousand, nine hundred. four dollars ($29,904) from .the unappropriated fund balance for the construction of a County storage facility in the 1994-95 budget of the County of Isle of Wight. BE IT FURTf-iER RESOLVED that the County. Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board adopt the following resolution: BQOK 1U PAG(~~O RESOLUTION TO APPROPRIATE TWENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY DOLLARS .FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE DEVELOPMENT OF THE PONS VOTING PRECINCT FACILITY WHEREAS, the Board of Supervisors of-the County of Isle of Wight, Virginia has approved the development of the Pons Voting Precinct facility; and, WHEREAS, the funds in the amount of twenty-two thousand seven. hundred and ninety dollars ($22,790) need to be appropriated from the unappropriated fund balance to the Building and Grounds Repair and Maintenance line item in the 1994-95 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- two thousand seven hundred and ninety dollars ($22,790) from the unappropriated fund balance be appropriated to the Building and Grounds Repair and Maintenance line item in the 1994-95 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the. County Administrator of the County of Isle of Wighk, 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 adopted unanimously (5-0). Interim County Administrator Caskey stated in_the original FY93-94 Capital Budget the Board appropriated $50,000 .for- the construction of a branch library in Windsor. Mr. Caskey stated the actual cost of the facility was slightly under the budgeted amount, however, all monies were not appropriated during the FY93-94 fiscal year. Mr. Caskey continued there were some additional costs incurred relative to sewer hookup, railing and signage on the front of the. building totaling $8,500. Supervisor Spivey moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY-SIX THOUSAND ONE HUNDRED SEVENTY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE CONSTRUCTION OF THE WINDSOR. BRANCH LIBRARY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of the Windsor Branch Library; and, WHEREAS, the funds in the amount of twenty-six thousand. one hundred seventy dollars ($26,170) need to be appropriated from the unappropriated fund balance to the library construction line item in the 1994-95 budget of the County of Isle of Wight. r 1 1 [~ 8 enox ~6 PACE 121. D NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty-six thousand one hundred severity dollars ($26,170) from the unappropriated fund balance be appropriated to the library construction line item in the 1994-95 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 this resolution effect. The motion was adopted unanimously (5-0). Chairman Spady moved the Board adopt the following. resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY-FIVE THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE VIRGINIA MARINE RESOURCES COMMISSION AND ONE THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM PRIVATE CONTRIBUTIONS TO THE DEVELOPMENT OF THE JONES CREEK PUBLIC BOAT RAMP WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the development of the Jones Creek Public Boat Ramp; and, WHEREAS, funds in the amount of fifty-five thousand dollars ($55,000) or so much as shall be received from the Virginia Marine Resources Commission and one thousand dollars ($1,000) or so much as shall be received from private contributions be appropriated to the Jones Creek Public Boat Ramp Development Project in the 1994-95 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 fifty-five thousand dollars ($55,000) or so much as shall be received from the Virginia. Marine Resources Commission and one thousand dollars ($1,000) or so much as shall be received from private contributions be appropriated to the Jones Creek Public Boat Ramp Development Project in the 1994-95 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 these grants and to do all things necessary to give this resolution effect.. The motion was adopted unanimously (5-0). Chairman Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE. FORTY-THREE THOUSAND SEVEN HUNDRED TWELVE DOLLARS 9 BOOK ~ ' 1U PAGE 122 FROM THE .1992 VIRGINIA COASTAL RESOURCES MANAGEMENT GRANT PROGRAM; FIFTY. THOUSAND FROM THE PUBLIC ACCESS GRANT PROGRAM OR THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES; AND, FIFTEEN THOUSAND DOLLARS FROM`THE UNAPPROPRIATED FUND BALANCE TO THE. DEVELOPMENT OF THE JONES CREEK PUBLIC BOAT RAMP WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the development of the Jones Creek Public Boat Ramp; and, WHEREAS,. funds in the amount of forty-three thousand seven hundred and twelve dollars ($43,712) to be received .from. 1992 Virginia Coastal Resources Management Grant Program, fifty thousand dollars ($50,000) to be received .from the Public Access Grant Program of the Virginia Department of Game and Inland Fisheries, and fifteen thousand ($15,000) from the unappropriated fund balance need to be appropriated to the Jones Creek Public Boat Ramp Development project in the 1994-95 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 forty-three thousand seven hundred and twelve dollars ($43,712) to be received from 1992 Virginia Coastal Resources Management Grant Program, fifty thousand dollars ($50,000) to be received from the Public Access Grant Program of the Virginia Department of Game and Inland Fisheries, and fifteen thousand dollars ($15,000) from the unappropriated fund balance be appropriated to the Jones Creek Public Boat Ramp development project in the 1994-95 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 these grants and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: 0 (RESOLUTION TO APPROPRIATE THREE THOUSAND FOUR HUNDRED AND TEN DOLLARS FROM THE E911 UNAPPROPRIATED FUND BALANCE FOR E911 EXPENDITURES WHEREAS, the Board of Supervisors of the County of Isle of Wight,. Virginia has approved expenditures for upgraded communications. for E911; and, WHEREAS,. the funds in the amount of three thousand four hundred and ten dollars ($3,410) need to be appropriated from the E911 unappropriated fund balance to the E911 fund in the 1994-95 budget of the County of Isle of Wight. 1 1 10 1 1 BnoK 1~PACE~23 r NOW, THEREFORE, BE IT AND IT I5 HEREBY RESOLVED by the Board of Supervisors of the County of Lsle of Wight, Virginia that three thousand four hundred and ten dollars ($3,410) be appropriated to the E911 fund in the 1994-95 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 ko make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion was. adopted. unanimously (5-0). Supervisor Bradshaw moved the Board adopt the .following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND NINE HUNDRED AND SEVENTY-FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has available carryover grants for grant programs; and WHEREAS, the. funds in the amount of two thousand nine hundred and seventy-five dollars ($2,975) need to be appropriated to the grant fund in the 1994-95 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 .thousand nine hundred and seventy-five dollars ($2,975) be appropriated to the following line items in the 1994-95 budget of the County of Isle of Wight, Virginia: Pesticide Container Recycling Program $1,026- Drug Free School and Communities - 1,740 Rural Initiatives County of Washington -Barriers to Service 209 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 the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). i Supervisor Spivey moved the Board adopt the following resalutiont RESOLUTION TO ACCEPT AND APPROPRIATE FORTY THOUSAND THREE HUNDRED AND SEVENTY DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE SCHOOL FEDERAL GRANT PROGRAMS _11 1 BOOK 1U PAGf~~'~ WHEREAS, the School Board of the County of Isle of Wight, Virginia has received approval for grant funding for the Chapter 2 grant program; and, WHEREAS, the funds in .the amount of forty thousand three hundred and seventy dollars ($40,370) need to be appropriated to the School grant fund in the 1994-95 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 forty thousand three hundred and seventy dollars ($40,370) be appropriated to the grant line item in the 1994-95 budget of the County of Isle of Wight, Virginia. 1 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 the things necessary to give this resolution effect. The motion. was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED EIGHTY-FIVE THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE SCHOOL CONSTRUCTION FUND AND NINETY-SEVEN THOUSAND ONE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE TO THE SCHOOL OPERATING FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved t11e additional funding for school construction and school operating funds in the 1994-95 budget; and, WHEREAS, the funds in the amount of one hundred eighty-five thousand eight hundred fifty-nine dollars ($185,859) and ninety-seven thousand one hundred dollars ($97,100) need to be appropriated from the unappropriated fund balance to the school construction and school operating fund in the 1994-95 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 one hundred eighty-five thousand eight hundred fifty-nine dollars ($185,859) and ninety- seven thousand one hundred dollars ($97,100) from the unappropriated fund balance be appropriated to the school construction and school operating fund in the 1994-95 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 adopted unanimously (5-0). 1 1 12 U 1 BnOK 16PACE125 Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO SUPPORT THE REMOVAL OF TOLLS ON THE JAMESTOWN-SCOTLAND FERRY SYSTEM WHEREAS, the Jamestown-Scotland Ferry System is an extension of Virginia State Route 31 from the County of Surry to the County of James City analogous to a bridge, tunnel or similar connector in any other segment of highway in the Commonwealth of Virginia; and, WHEREAS, the fees the Commonwealth imposes upon the users. of the Jamestown-Scotland Ferry System place a hardship upon workers who use the ferry to commute to and from work, is a barrier to economic development and free commerce, and restrict the- use of health, education, social and recreational facilities in the respective communities by citizens of the other community; and, WHEREAS, the tolls collected on the Jamestown-Scotland Ferry System are an excessive and arbitrary tax upon the citizens of the Commonwealth who must. depend upon the system for travel between Surry and James City Counties since the revenues generated by the tolls are no longer being used to acquire the ferry system as originally intended by the Act of the General Assembly that authorized acquisition of the system and such tax is without parallel on any road anywhere else in the Commonwealth except on such roads where the tolls are being used to retire a bond with a date fixed by law for the expiration of the tolls; and, WHEREAS, the Commonwealth of Virginia has taken action to remove the tolls on users of the Virginia Beach-Norfolk Expressway upon recognition that more than sufficient revenue from tolls had been .collected to pay for the development of the expressway as contemplated under the initial legislation that provided .for the toll. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of .Supervisors of the County of Isle of Wight does fiereby respectfully request the General Assembly of the Commonwealth of Virginia to adopt legislation to remove the tolls. from the Jamestown-Scotland-Ferry System forthwith as most recently done for the Virginia -Beach-Norfolk Expressway. The motion was adopted unanimously (5-0). 1 // At 7:00 p.m., Supervisor Cofer. moved the Board amend the order of the agenda to conduct the public hearings. Chairman Spady called for a public hearing on the following: A. Federal Transportation Enhancement Program Projects 1. Bikeway Plan 2. Boykin's Tavern Restoration 13 BnoK ~6 PAGE ~26 3, Virginia Civil War Trails (Fort Boykin/St. Luke's Church) Mr, David stated the County in previous years has made application to VDOT for funding under the Transportation Enhancement Program under the Federal Intermodal Surface Transportation Efficiency Act which provides funds to enhance activities as they .relate to the transportation network. Mr. David further stated funding is 80% from the Federal Government and 20% from public/private sources. Chairman Spady called for persons to speak in favor of or in opposition to the proposed Program. Helen Haverty King of Smithfield, representing the Isle of Wight. Historical Society, spoke in favor expressing her interest in the restoration of Boykin's Tavern. Mrs. King stated the Historical Society is willing to make a generous donation towards this effort when appropriate. Diane Howard, .Tourism Director, spoke in favor of the Virginia Civil . War Trail Program. ' Grace Keen of Smithfield spoke in favor of the Boykin's Tavern Restoration and Preservation Program. Interim County Administrator Caskey stated the project description for the bikeway trail includes 80/20 grants of which 20% is required from the locality which would be required to match the $35,000 grant request with local monies that can be private or in-kind services. Mr. Caskey stated the County would need a substantial local contribution to serve as a local match for the restoration of Boykin's Tavern and the County will be seeking both private and corporation donations in this regard. Lynn P. Harris, Director of Economic Development, stated previously architects were contacted specializing in historic restoration who presented a cost estimate of $500,000 to restore the facility. Mrs. Harris stated the cost would consist of approximately $399,000 in restoration costs and approximately $100,000 to potentially move the facility to more level ground and away from the tree trunk which is now located under the house. Upon no one appearing in opposition to the proposed projects, Chairman Spady closed. the public hearing and called for comments from the Board. Supervisor Spivey moved the Board adopt the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR A COUNTY BIKEWAY TRAIL SYSTEM AND FACILITIES PLAN WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government of State agency in order .that the Virginia Department of Transportation program an enhancement f~ i 14 BnOK 16 FAGf 1~..~ 1 1 project in Isle of Wight County. WHEREAS, the Board of Supervisors of Isle of Wight County requests the Commonwealth Transportation Board to fund an Isle of Wight County Bikeway Trail System and.Facilities Plan at a total cost of $35,000. NOW, THEREFORE, BE IT FURTHER RESOLVED, that .the Board of Supervisors of Isle of Wight County hereby agrees to pay 20 percent of the total cost, and that, if the County subsequently elects to cancel this project, the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the cost expended by the Department through the date the Department is notified of such cancellation. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County directs that appropriate letters of endorsement be solicited from those agencies or groups having an interest in the procurement of this project. The motion was adopted unanimously (5-0). Supervisor Spivey moved the Board adopt the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE BOYKIN'S TAVERN RESTORATION AND PRESERVATION PROJECT WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government of State agency in order that the Virginia Department of Transportation program an enhancement project in Isle of Wight County. WHEREAS, the Board of Supervisors of Isle of Wight County requests the Commonwealth Transportation Board to fund the Boykin's Tavern Restoration and Preservation Project at a total cost of $500,000. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of Isle of Wight County hereby agrees to pay 20 percent of the total cost, and that, if the County subsequently elects: to cancel this project, the County hereby .agrees to reimburse the Virginia .Department of Transportation for the total amount of the cost expended by .the Department. through the date the Department is notified of such cancellation. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County directs that appropriate letters of endorsement be solicited from those agencies or groups having an interest in the procurement of this project. The motion was adopted unanimously (5-0). Supervisor Spivey moved the Board adopt the following resolution: 15 Bnoif ~ 16 PAGE 128 RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGNA DEPARTMENT OF TRANSPORTATION FOR VIRGINIA'S CIVIL WAR TRAIL PROGRAM WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government of State agency in order that the Virginia Department of Transportation program an enhancement project in Isle of Wight County. WHEREAS, the Board of Supervisors of Isle of Wight County requests the Commonwealth Transportation Board to fund Virginia's Civil War Trail Program. ' NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of Isle of Wight County hereby agrees to pay Two Thousand Dollars ($2,000.00) representing the County's participation cost, and that, if the County subsequently elects to cancel this project, the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the cost expended by the Department through the date the Department is notified of such cancellation. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County directs that appropriate letters. of endorsement be solicited from those agencies or groups having an interest in .the procurement of this project. The motion was adopted unanimously (5-0). B. An Ordinance. to Amend the Zoning Ordinance of Isle of Wight County, Virginia to Add. Setback Requirements For Commercial Animal Feedlots and Commercial Poultry Houses Chairman Spady called for citizens to appear in favor of or in opposition to the proposed Ordinance. Steven Merrill, representing the Isle of Wight Defense League, spoke in opposition and requested the Board to take the following three actions: Pass a resolution stating. the County intends to vote on meaningful zoning of these facilities directing the Planning Commission to vote at their next meeting on a Conditional Use Permit Ordinance; the County send a letter to Norfolk's City Manager, Jim Oliver, stating that the County intends to begin closely :examining regulations of these facilities and intends to do everything within their power to make sure that any agricultural and industrial facilities presently located in the County will not pollute the drinking supply for all the citizens of Hampton Roads and finally, to give that letter some content to write to the owners and sponsors of these facilities to tell them that the. County intends to review this issue and inform them of the pollution threat they potentially present and ask Carroll Foods and contract farmers to delay construction of their facilities until the Board, Department of Environmental Quality, Health Department and other agencies have a full opportunity to examine and decide the issues of zoning 1 1 16 6nOK ~6PAGf12~7 and public health. Mr. Merrill stated with this notice, he would recommend that Carroll Foods and their contract farmers would be proceeding at their own risk if they choose to start building the facilities while these issues are still being debated at the State and local level. Marvin Pulley appeared expressing his concerns of the effect on property values of homes located near the proposed feedlot facilities. Mr. Pulley stated hog farming facilities should be taxed as businesses and he is opposed to the proposed 1,000 feet setback because he believes it is inadequate. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Spivey asked why grain dryers are listed in the proposal. County Attorney Crook stated the Planning. Commission felt that grain dryers should be some distance from particular uses because of noise and other factors and that the wording reflects the recommended provisions in the County's Draft Zoning Ordinance which has been considered by the Planning Commission. 1 1 Supervisor Spivey stated H1e City of Norfolk, in their statement to the County on December 8, 1994, noted that Cryptosporidiosis had caused 400,000 people to get sick and .100 deaths and asked iE it has been scientifically documented that this connection was between water and livestock operations. Supervisor Cofer pointed out that the following page indicates it is believed, but is not documented to date. Supervisor Spivey stated as he reads and understands the proposed Ordinance, it does nothing for the property owner, however, if it is looked at from. the farmer°s perspective, what will be regulated next. Supervisor Spivey further. stated he saw nothing that the proposed Ordinance does for the farmer except restrict him. Supervisor .Spivey stated his primary concern is from a health perspective for people and he agrees with Mr. Merrill's request that the County send a letter to the City of Norfolk. Supervisor Bradby stated he does not want to take a chance of making anyone sick in a neighboring community and he would. like to .give the City of Norfolk an opportunity to work along. with the County on the matter. Supervisor Bradby further stated he agreed with Mr. Merrill in that a 1,000 foot setback is inadequate. Supervisor Bradby continued he believes the Board should do whatever is necessary to protect the citizens of the County and of neighboring communities. Supervisor Cofer stated he would agree that health issues need further study, however, the Board developed the Comprehensive Plan as the basis for what it wants the County to look like, specifically an agricultural County with developments geared into the. three distinct areas. Supervisor Cofer further stated he does not know of any better stewards of the land than 17 BnoK 16~aoE130 farmers because the land produces their livelihood and they will not do anything intentionally detrimental to their livelihood. Supervisor Cofer stated we as individuals do more to pollute when we have a green yard in a subdivision than farmers do. Supervisor Cofer continued he believes these facilities are doing a service by bringing animals off of the old feedlots and putting them in confinement and collecting the waste effluent through a lagoon for potential use back on the .soil. Supervisor Cofer stated he believes the County's farmers deserve the right to earn a living in the County. Supervisor Bradshaw stated health issues are a concern of all. Supervisor Bradshaw further stated if citizens are concerned with the environment they would do something with their modes of transportation. Supervisor Bradshaw continued hog farm operations are nowhere near the danger of what citizens do everyday. Supervisor Bradshaw stated if smell is a concern then Union Camp would have to shut down causing a higher percentage of unemployment and higher taxes for all. Supervisor Bradshaw stated he does believe there is validity in the concerns of the citizens and he would suggest that one Board member meet with the Isle of Wight Defense League to get specific details on their recommendations in order that the Board could address them. Chairman Spady stated he is aware that Surry County has moved to rescind its conditional zoning requirements of feedlots based on State law passed last year which will come into effect in April of 1995.. Chairman Spady stated if the State does change the law then there is a possibility that the County may have an opportunity to take action. Chairman Spady stated he believes anything the County is proposing would be better than nothing in this case :and if the Board would have had something in the beginning then. the Board may have improved on it. Chairman Spady stated this is a beginning and he believes the Board should pass it and further the Board should answer the City of Norfolk's letter and request a meeting with them to assure them that there will be no problems. Supervisor Bradby stated representatives of the County should meet with concerned citizens to come together in a cooperative effort towards solving any related problems. Supervisor Bradby further stated he would like to see the Board pint together a committee to meet with the concerned citizens of the proposed ordinance. Supervisor Cofer stated he had no problem with meeting with concerned citizens but he has heard reports that these individuals want proposed operations located anywhere from a half of a mile to a mile away which eliminates anywhere in the County for the operation of hog farms. Supervisor Spivey stated it appears to him that there is a remedy and that eventually the court will be the remedy in some of these situations and he would welcome the opportunity to meet with any of the concerned citizens at any time regarding health concerns. Supervisor Spivey reiterated that he did not believe the proposed ordinance meets the needs or addresses the .concerns of any of the citizens who have approached the Board with concerns. 1 18 1 g~oK 16PA~~131 County Attorney Crook stated the State grants to the locality the authority to control subdivisions and zoning and the locality can only do what the State allows them to do. Mr. Crook stated the County has no authority that is not in the enabling statutes from the State. Mr. Crook stated the opponents want conditional zoning, Conditional Use Permit or Special Use Permits which. are what some of the neighboring counties have done. Mr. Crook stated the General Assembly has reacted to that and taken away localities' ability and stated they cannot make it conditional which leaves setbacks, so long as they are reasonable. Mr. Crook stated in their request to revisit this issue the opponents want the General Assembly to repeal the law and allow localities to continue to make these concentrated livestock operations conditional and impose very restrictive conditions.. Mr. Crook stated currently the .County is not in a position to make the livestock operations conditional, but is looking at setbacks: Mr. Crook. stated if the Board does not take action, then the County has no setback requirements. Water quality and pollution is controlled by the State Water Control Board and the Department of Environmental Quality, he stated. Mr. Crook stated any hog farm facility must be permitted by these agencies and the. County.... can impose reasonable conditions of setback only. Supervisor Bradshaw moved the Board adopt the following ordinance as presented: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY,. VIRGINIA TO ADD SETBACK REQUIREMENTS FOR COMMERCIAL ANIMAL FEEDLOTS AND COMMERCIAL POULTRY HOUSES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 2-1-2A be added to .Article 2, Agricultural Limited, District A-1 and that Section 3-1-18 of Article 3, Agricultural General District A-2 be amended in the Zoning Ordinance of Isle of Wight County, Virginia, to read as follows: Grain .dryers, commercial animal feed lots, dairy barns, agricultural or livestock waste lagoons, commercial poultry houses and other uses or structures involving the concentrated handling or confinement of animals or fowl provided there is a minimum setback distance of eighty. (80) feet from all public rights-of-way and at least one thousand (1,000) feet from any of the following: R-1, R-2, R-3, R-A, R-MH-TP, and B-1, zoning districts' boundary lines. The Zoning Ordinance of Isle of Wight County is further amended by adding the following definitions as Section 15-16A and 15-16B. ection 15-16A. Commercial Animal Feedlot. A lot, yard, structure, coral or other area subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which livestock is confined, primarily for .the purpose of feeding, snox. 16 PacE 132 growing, raising, holding, and birthing, prior to slaughter or sale. The term does not include. areas which are being used for the raising of crops or other vegetation upon which livestock are allowed to graze or feed. Section 15-16B Commercial Poultry House. A structure or structures subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which poultry, including but not limited to laying hens or broilers, are confined primarily for the purposes of feeding, growing, raising, holding, and birthing prior to sale or slaughter unless for on-premises consumption used for the hatching, raising, or processing of poultry for off-premises use and/or sale. The motion passed (4-1) with Supervisors Cofer, Bradshaw, Bradby and Chairman Spady voting in favor of the motion and Supervisor Spivey voting against the motion. Supervisor Bradshaw further moved that a committee be established of Supervisors Spivey and Bradby and Mr~ Caskey to meet with the citizens of the Defense League to discuss their concerns and recommendations and report back to the Board at their convenience with their recommendations. The motion was adopted unanimously. (5-0). Chairman Spady moved the Board form a committee of Supervisors Bradshaw and Bradby to meet with the City of Norfolk officials regarding the City's concerns.. The motion was adopted unanimously (5-0). C. An Ordinance to Amend Chapter 4.1 of the Isle of Wight County Code to Change the Definition of Annual Gross. Operating Revenue and to Increase the License Tax From 3% to 5% County Attorney Crook explained when the County originally adopted its ordinance for cable television the County adopted 3% as the fee for the County not to exceed 5% depending on the regulations or approval set by the State Corporation Commission. Mr. Crook further stated the State Corporation Commission set it at 5%, but the County is receiving only 3%. Mr. Crook stated the proposed ordinance would raise the amount received by the County from 3% to 5% which is what the cable television companies are paying. other localities. Mr. Crook stated also in the definition of annual gross operating revenues other jurisdictions and localities have a broader definition and this definition would be broader as to what that percentage is applied to. Chairman Spady called for citizens to speak in favor of or in opposition. to the proposed Ordinance. Supzrvisor Cofer moved the Board adopt the following ordinance: ~~ 1 1 1 20 1 1 B~~K 16 pa~E 133 AN ORDINANCE TO AMEND CHAPTER 4.1 OF THE ISLE OF WIGHT COUNTY CODE TO CHANGE THE DEFINITION OF ANNUAL GROSS OPERATING REVENUE AND TO INCREASE THE LICENSE TAX FROM 3% TO 5% Be and it hereby is ordained by the Board of Supervisors of Isle. of Wight County, Virginia, that Section 4.1-2 of the Isle of-Wight County Code be amended to read as follows: Section 4.1-2. Definitions. For .the purpose of this chapter, the following terms, phrases, ' words and their derivations shall have the meanings respectively ascribed to them by this section: Annual gross operating revenues. Any and all compensation and other consideration derived directly by the licensee from subscribers in the County for cable service, including revenues derived from per-program ar per-channel charges, leased channel revenues, advertising revenues, but not including taxes on services furnished by licensee imposed directly.. on any subscriber or user by the County, State or other governmental unit and collected by licensee for such governmental unit. Section 41 21 License tax; .penaltyy for late payment of license tax_. (a) The licensee shall pay to the County annually a tax in the. amount of 5% of the annual gross operated revenues taken. in and. received by it on all retail sales of television signatures within the County .during the year, for the use of the roads, streets and other facilities of the County in the operation of the cable television system and for the governmental supervision thereof. The above tax shall be paid within sixty (60) days of the end of each calendar year or part thereof. In the event that any payment is not made on or before the aforesaid date, the County shall assess a penalty of 10% of the amount due, plus interest on such payments from such due date at the annual rate of 10%. Should legal action be required to collect such fees, penalty and interest, the County shall be entitled to attorney's fees of 25% of the total amount due and court costs. (b) Upon the issuance of the license, the licensee shall pay to the County the sum of $5,000.00, which shall be non-refundable .and shall be credited to the first annual tax imposed. If the licensee fails. to start operations in a substantial manner satisfactory to the County within 28 months, said payment shall be retained by the .County. The motion was adopted unanimously (5-0)._ 21 B~~K 16 PACE 134 i~ Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // At 8:10 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). /1 Upon returning to open session at 8:25 p.m., Chairman Spady called for the continuation of .the County Administrator's section of the agenda, Interim County Administrator Caskey stated the Board earlier this year directed the County Administrator and staff to meet with the Personnel Committee of the Board to address potential revisions to the County's current Personnel Policies and Procedures Manual. Mr. Casket' stated. he, along with Done Robertson, had met with the Personnel Committee and as a result of this meeting, contained in the agenda are the recommended revisions to the Policy. Supervisor Bradshaw stated one revision to the Policy is that employees may now exceed the maximum accrual amount of thirty-six days during the fiscal year, but most of the revisions were done to follow the Federal guidelines that were established in various acts and laws. Supervisor Bradshaw further stated it is the Personnel Committee's desire to update the Policy in detail and review the possibility of establishing a merit system for reward and advancement within the County. Supervisor Bradshaw stated the Personnel Committee recommends the establishment of a committee under the direction of the County Administrator to have County employees review the Personnel Policy and make recommendations to the Board at their convenience, to include Constitutional Officers. Supervisor Bradshaw moved the Board approve the Policy revisions as presented. The motion was adopted unanimously (5-0). Supervisor Bradshaw further moved that the Board establish a committee under the direction of'the County Administrator to have County employees review the Policy and make recommendations to the Board at their convenience (to include Constitutional Officers). The motion was adopted unanimously (5-0). Interim County Administrator Casket' stated for the Board's information is a report contained in the agenda pertaining to the County's current telephone system. Mr. Casket' further stated the system is deteriorating and that replacement parts for the system are either not available or difficult to locate. Mr. Caskey continued over the last several months the County is beginning to experience random dropping of .calls when the system goes dead for 30 to 45 seconds. Mr. Caskey stated representatives of GTE have advised the County to begin considering 22 g~~K 16 PAGE 135 replacing the system. Mr. Caskey Further stated this is brought to the Board's attention and further information will be presented in order that the matter can be considered during the FY95-96 budget process. 1 1 Interim County Administrator Caskey noted the delinquent tax collection report for the fifth month of the fiscal year indicates $3,661.39 was collected by the delinquent tax attorney at a cost of $2,816.93 which represents 77% of the amount collected. Chairman Spady requested Mr. Caskey to contact Jim Windsor, the County's delinquent tax collector, to request his explanation of why the cost is so high. Interim County Administrator .Caskey stated for the Board's consideration is an endorsement to the insurance contract with Commercial Union Life Insurance Company. Mr. Caskey further stated the endorsements have been reviewed and approved by the County Attorney. Supervisor Bradshaw moved the Board approve the endorsements. The motion passed (4-0) with Supervisor Cofer abstaining Erom voting on the matter. Interim County Administrator Caskey stated the Carrollton Volunteer Fire Department has indicated they would like to have certain modifications to their EMS involving first response. of their fire department. to emergency scenes. William F. Johnston, Carrollton Volunteer Fire Department Chief, requested a letter from the County authorizing the Carrollton Volunteer Fire Department to apply for a license from the State to run VLS calls in the Carrollton area as anon-transport agency... Chief Johnston stated Isle of Wight Rescue Squad would still be the transporting agency. County Attorney Crook stated he spoke with Chief Johnston who informed him the matter was discussed with the Isle of Wight Rescue Squad. Mr. Crook stated he does recommend it to the Board for approval. Supervisor Cofer moved the Board direct Mr. Caskey to prepare a letter authorizing the .Carrollton Volunteer Fire Department to apply for a license from the State to run VLS calls in the Carrollton area as a non- . transport agency.. The motion was adopted unanimously. (5-0). Chairman Spady stated the Volunteer Fire and Rescue Squads Association is requesting a Board member attend each of its meetings. Chairman Spadymoved that one Board member. attend each of the meetings on an alphabetical and rotational basis. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested Don Robertson to send out monthly meeting notices to the appropriate Board member. 23 8f10K ~UPAGEI3U ~~ Chairman Spady called for Old Business. The matter of the Virginia Retirement .System adjustment was discussed. Supervisor Spivey stated he is concerned about the 3% increase for current and future retirees because this is another unfunded mandate. Supervisor Spivey further stated he believes the Board's concerns over unfunded mandates should be directed to Richmond if the Board wants it to stop. . Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO PROVIDE A 3% INCREASE FOR CURRENT AND FUTURE RETIREES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia does hereby elect to provide a 3% retirement allowance increase as provided in the Code of Virginia, Section 51.1-130, 51.1-155, 55.1-157 as applicable for its eligible current and future retires under employee code 5- 5146. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia agrees to accept all liability for any current or future additional employer contributions and any increases in current or future employer contribution rates resulting from its election to provide the increase in benefits to its current and future retirees. WHEREAS, it be further resolved that the Board of Supervisors of the County of Isle of Wight, Virginia elects to allow its eligible current and future retirees to receive the benefit increase effective October 1, 1994. NOW, THEREFORE, the Chairman of .the Board of Supervisors of the County of Isle of Wight, Virginia and the Clerk of the County of Isle of Wight, Virginia, are herby authorized and directed in the name of the County of Isle of Wight, Virginia to execute any required contract in order that said eligible current and future retirees of the County of Isle of Wight, Virginia may participate in the benefit allowance increase as provided for in the Code of Virginia. In execution of any contract which may be required, the seal of the County of Isle of Wight, Virginia shall be affixed and attested by the Clerk, and said officers of the County of Isle of Wight, Virginia are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by County of Isle of Wight for this purpose. The motion passed (4-1) with Chairman .Spady and Supervisors Bradby, Bradshaw and Cofer voting in favor of the motion and Supervisor Spivey voting against the motion. Interim County Administrator Caskey stated Supervisor Bradshaw at the Board's last meeting requested a status report on the County's refuse sites that have been developed to date. Mr. Caskey presented a map 24 Bnt~1( 16PAGE 13? 1 illustrating the Jones Creek and Carrsville sites which have been functioning for several months. Mr. Caskey stated .for the Board's consideration is the feasibility of developing three new sites for trash collection which are proposed to be located in Carrollton, the Isle of Wight community and in the Sunset Drive area. Mr. Caskey stated. the three new sites are proposed to be manned sites with limitations on either their days of service or hours of operation. Mr. Caskey further stated. the Board will need to further address what type of site would be developed to serve the residents of the. southern end of the County in the vicinity of the Jamestown/Camptown areas, as well as the Rushmere area. Mr. Caskey continued before .the Board is a design provided by SPSA describing what the three proposed next sites will look like. Mr. Caskey stated these. will be fenced in areas with convenient access and a variety of roll-off dumpsters. John Hadfield, Deputy Director, Southeastern Public Service Authority, stated the proposed design is based on the Sunset parcel and will be adapted to the Bartlett and Courthouse sites. Mr. Hadfield further stated the site dimensions are 180 feet across the front to 200 feet deep, consisting of a flat area with a paved entrance and gravel inside to save on construction costs. Mr. Hadfield stated facilities will contain a compactor box operated by a person to assist with the waste. Mr. Hadfield stated the reason for proposing a manned compactor site is due to the volume of waste that is projected for these three facilities.. Mr. Hadfield stated the cost of pulling a box is $60 per pull and the volume here would be costly; however, if the box can be compacted the pull cast is the same, but the operating cost to the County will be less. Mr. Hadfield stated. a manned site helps police the site and provides an opportunity for interaction with people in an effort to educate the public about waste management practices. Interim County Administrator Caskey distributed a cost analysis to the Board in which staff has attempted to provide for the Board the current cost of the two sites in place and illustrate what the average annualized total cost is for those two sites separately. Mr. Caskey stated staff has also attempted to provide Eor the Board the same types of estimated costs relative to the three new sites and what those average annualized costs will be for those convenience centers. Mr. Caskey continued the cost analysis does not contain a comparison as to any potential cost increase and how it relates to the elimination of current costs relative to current systems being operated and the cost of maintaining the fleet of trucks and manpower: to carry forth that effort. Chairman Spady stated he believes the Board should. proceed with the three proposed sites and have SPSA come back to the Board with a recommendation on areas such as Zuni and Camptown on how to best address these areas. Supervisor Bradshaw stated the County should proceed because. it is actually casting the County money by not pursuing the matter as soon as possible. Supervisor Cofer stated the sites will also contain areas for waste oil, household hazardous materials and. recyclir-g centers. Supervisor Cofer 25 enoK 16 PAGE 1,3(7 pointed out that the two existing sites have recycling containers available for use by the public. Supervisor Bradshaw stated door-to-door collection may be feasible in some of the densely populated areas of the County and he believes County staff will have recommendations for such activities in the future. Interim County Administrator Casket' stated the Board at their last f meeting requested a status report on office space needs of the County, . particularly as it relates to the Commissioner of the Revenue's map room. Mr. Casket' further stated in September the former County Administrator advised the Board that the most cost efficient alternative was the placement of a modular unit on site which the Board felt may not be in the best interest of the Courthouse facility. Mr. Casket' continued correspondence has been received from the Chairman of the Electoral Board relative to a space need for use of the room behind the Registrar's office. Mr. Casket' recommended that rather than reacting to requests spontaneously, it may be time to perform a comprehensive analysis of the County's office space needs which possibly can be done internally. Supervisor Cofer moved the Board authorize Mr. Casket' to advise the Electoral Board that they may utilize the room behind the Registrar's office and that necessary improvements be made in-house. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested Mr. Casket' to meet with the Commissioner of t11e Revenue regarding his office space needs. // Chairman Spady called for New Business. There was- no new business offered for discussion by the Board. // Chairman Spady called for Appointments. Supervisor Bradby moved the Board appoint Betty Olsen representing the Hardy District to the Commission on Aging to fill the unexpired term of Virtley Bradby whose term expires in February of 1997. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Malcolm T. Cofer and W. Douglas Casket' (alternate member) on the Southeastern Public Service Authority for additional four-year terms which will expire in December of 1998. The motion was adopted unanimously (5-0). Chairman Spady moved the Board accept the resignation of Dr. J. R. Hager on the Public Service Authority. The motion was adopted unanimously (5-0). 1 26 B~aK 16Pa~E139 L S 've to the 1 Supervisor Cofer moved the Board appoint Lud orenzo pi y Public Service Authority to fill the unexpired term of Dr. J. R. Hager whose term expires in March of 1998. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Marvin M. Pulley, III to the Tidewater Emergency Medical Services Council, Inc. for an additional two-year term which will expire in February of 1997. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Lt. Gary Falls for an additional four-year term on the Transportation Safety Committee which will expire in December of 1998. The motion was adopted unanimously (5- 0). .Supervisor Cofer moved the Board appoint R. Bryan David as the County representative on the Hampton Roads Air Pollution Control District Committee, replacing W. Douglas Caskey. The motion was adopted unanimously (5-0). // Chairman Spady called for approval of tl~e November 17, 1994 minutes. Upon recommendation of County Attorney Crook, Supervisor Bradshaw moved the Board adopt the November 17, 1994 minutes as amended on page 3 to reflect the nanne of "Bergeron" rather than "Broceron". The motion was adopted unanimously (5-0). // County Attorney Crook requested an executive session pursuant to Section 2.1-344 A., 1., 3., and 7. o~E the Freedom of Information Act for. consultation with staff and legal counsel concerning personnel matters, contract negotiations, acquisition and/or use of public property and potential pending litigation, At 9:10 p.m., Supervisor Cofer. moved the .Board enter executive session for the reasons stated by tl~e County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 10:50 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 27 eooK ~..6 PacE 140 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 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 adopted unanimously (5-0). Supervisor Bradshaw moved the Board approve the 8% fixed financing with SPSA on the construction of the three convenience centers. The motion was adopted unanimously (5-0). Supervisor. Spivey moved the Board adopt the following resolution appointing W. Douglas Caskey as County Administrator: RESOLUTION APPOINTING W. DOUGLAS CASKEY COUNTY ADMINISTRATOR FOR ISLE OF .WIGHT COUNTY WHEREAS, Myles E. Standish, County Administrator of Isle of Wight County, Virginia, has tendered his resignation as said County Administrator effective November 18, 1994; and, WHEREAS, W. Douglas Caskey who has served as Assistant County Administrator under Myles E. Standish for the County of Isle of Wight since 1987 is qualified to be appointed County Administrator of said County; and, WHEREAS, the Board of Supervisors has complied with the notice provisions of the Personnel Policies and Procedures Manual of said County to fill said vacancy by promotion of employees of Isle of Wight County by posting said notice on the bulletin board of Isle of Wight County Courthouse as required by said manual. NOW, THEREFORE, be it and it is hereby resolved by the Board of Supervisors of Isle of Wight County, Virginia, as follows: 1. That W. Douglas Casket' is appointed County Administrator of Isle of Wight County pursuant. to Chapter 2, Article 8, of Title 15.1 of the 1 1 1 28 Bnox ~6 PAGt ~'*J. 1 Code of Virginia. 2. That the powers and duties of said County Administrator shall be as provided in Section 15.1-117 and other applicable statutes of the Code of Virginia and in addition .thereto said County Administrator shall perform such duties as assigned to him by the Board of Supervisors of Isle of Wight County, Virginia, which are not inconsistent with the provisions of-said State statutes. 3. That the County Administrator shall serve as the County's Chief Personnel Officer as provided in the Personnel Policies and Procedures Manual of the County of Isle of Wight. 4. That W. Douglas Caskey as County Administrator shall devote his full time to the work and service of the County under the direction of the Board of .Supervisors to whom he shall be accountable. 1 J 5. The County .Administrator shall not be appointed for an indefinite tenure, .but shall be removable at the pleasure of the governing body, however, it is agreed that the Board of Supervisors and said County Administrator shall give at least 30 days advanced notice of termination of employment. 6. The Board of Supervisors will pay to said County Administrator an initial annual salary of $61,700.00 payable in monthly installments at the same time other employees of the County are paid, effective November 19, 1994. 7. The County shall make all appropriate payments on behalf of said County Administrator. to the Virginia Retirement System and shall make periodic adjustments in the amount of such contributions as necessary and appropriate. 8. It is mutually understood that said County Administrator must. devote a great amount of his personal time outside normal office hours to the business of the County.. It is therefore also mutually understood that said County Administrator will. be able to take compensatory time off as he shall deem appropriate during normal work hours. 9. It is mutually understood that the County will pay the said County Administrator a monthly transportation allowance initially of $400.00 per month effective November 19, 1994, to be reviewed annually;. Alternatively, the said County Administrator shall be reimbursed .for direct expenses at a rate of 24 cents per mile, with such rate periodically adjusted as appropriate. Alternatively, the County will provide the said County Administrator with an appropriate motor vehicle. 10. It is mutually understood that the County shall budget and pay for. the travel and subsistence expenses of said County .Administrator for 29 enbK ~6 PacE 142 graduate courses, institutes, and seminars which are necessary for continued professional development, and therefore, necessary for the good of the County.. It is also mutually understood that the County shall budget and pay for the travel and subsistence expenses of said County Administrator for professional. and official travel, meetings and occasions adequate to continue the professional development of said County Administrator and to adequately pursue the necessary official and other functions on behalf of the County. It is also mutually understood that the County shall budget , and pay for the professional dues and subscriptions of the said County Administrator necessary for his continued and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation and growth and for the benefit of .the County. 11. The County recognizes that certain expenses will be incurred by said County Administrator which are job affiliated and it is understood that the County will reimburse said County Administrator for said expenses upon receipt of duly executed expense vouchers, receipts, statements, or personal affidavits. 12. It is mutually understood that .all. provisions, regulations and rules of the County relating to vacation, sick leave, .holidays and .all other fringe benefits. including health and accident insurance and working conditions as they now exist or hereinafter may be amended shall also apply to the said County Administrator as they would for other employees of the County, except that it is recognized by the Board of Supervisors that because of the complexity of the position of County Administrator, it is difficult to utilize all .annual Leave accrued within specified time frames; therefore, it is mutually understood that annual leave (vacation) may be accrued up to 60 days. Said County Administrator shall be paid in full for any accrued unused vacation up to a maximum of 60 days which he may have existing upon termination of employment of said County Administrator with the County. 13. It is mutually understood and agreed that the County shall, one time only, reimburse the necessary and appropriate expenses of moving of personal belongings from said County Administrator's current place of residence to a residence within the County to assist said County Administrator to establish county residency as required under the provisions of the applicable State statutes. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board direct staff to proceed with applications for special use permits for the privately owned properties to be leased for the convenience centers. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board approve and authorize the Chairman to sign the contracts with Monette Information Systems and DBS for data processing services. The motion was adopted unanimously (5-0). 1 1 30 snox ~6racE~.~~ Supervisor Cofer moved the Board move the January meeting to January 26, 1995 as Chairman Spady had a conflict with the January 19th date. The motion was adopted unanimously (5-0). ' /I At 10:55 p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (5-0). O. A. Spady, Chairman W. Dou s skey, Cle 31