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04-18-1996 Regular Meeting BogK ~.6 -~.-f 32 REGULAR. MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF APRIL IN THE YEAR NINETEEN HUNDRED NINETY SIX PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice Chairman O. A. Spady Robert C. Claud Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Bradshaw called the meeting to order at 6:00 p.m. and delivered the invocation. // Chairman Bradshaw called for Special Presentations. Recognizing Bessie T. Rowlett's former years of service with the County, Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION WHEREAS, Bessie T. Rowlett has served as the County's Accounting Technician since August 1, 1975 and has tendered her resignation effective March 29, 1996; and, WHEREAS, Bessie T. Rowlett has served the Board of Supervisors and the citizens of the County of Isle of Wight in an exemplary manner. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia desires to express to Bessie T. Rowlett its sincere gratitude for her service to the Board of Supervisors and the citizens of the County. BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of the meeting of the Isle of Wight County Board of Supervisors as a matter of public record and that a copy be forwazded to Bessie T. Rowlett. The motion was adopted unanimously (5-0). In Ms. Rowlett's absence, Chairman Bradshaw requested the County Administrator to forward the resolution to her. Dean A. Lynch, MCM, Director of Local Government Affairs, Virginia Association of Counties, gave a brief overview of VACo's responsibilities. // 7 ~~ 1 1 BOQK 16 ~„~ ~i~3 Supervisor Claud moved the Board amend the order of the agenda, which was adopted by unanimous vote (5-0), to hear the following application under the Community Development report: 1 A. .The application of Ryland B. Edwards, Jr. for a Conditional Use Permit to locate. an identification sign at the Oaks Veterinary Clinic, twelve (12) feet from the street right-of-way at 14202 Benns Church Boulevard, in Newport Magisterial District. R. Bryan David, Director of Planning and Zoning, distributed a copy of a revised plat showing the sign location in relation to the utility easement. Mr. David stated the Board of Zoning Appeals approved a variance to allow setbacks of 47 feet from the street right-of-way line and 13 feet from the side property line for an addition that is being built to the front of the clinic. Supervisor Spady moved the Board approve the application of Ryland B. Edwards, Jr. as recommended by the Planning Commission. The motion was adopted. unanimously (5-0). // Supervisor Spady moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw indicated the following Consent Agenda included Item I, A - D, and asked if there were any items for removal: A. Subdivision Plat of Samuel H. Warren B. Delinquent Real Estate Tax Collection Monthly Report C. -March 18, 1996 Continued Meeting Minutes D. March 21, 1996 Regular Meeting Minutes There being no items requested by the Board members for removal, Supervisor Claud moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Transportation Matters. A. Rural Addition Program (RAP) Supervisor Cofer moved the Board refer the matter to the County Attorney and Planning Commission for their review and comments. The motion was adopted unanimously (5-0). 1 // Supervisor Spady moved the Board amend the order of the agenda to 2 eooK 16 ~~•634 heaz the Six-Year (1996-2002) Secondary Improvement Priority Plan for Isle of Wight County listed under Old Business on the agenda.. The motion was adopted unanimously (5-0). There being no comments from the Boazd, Supervisor Spady moved the Board accept the Plan as presented. The .motion was adopted unanimously (5-0). Chairman Bradshaw stated he would like the Board to add Collossee Road to the Plan next year. Supervisor Spady moved the Board approve the 1996-1997 Secondary Construction. Budget Priority Plan as presented. The motion was adopted unanimously (5-0). // Supervisor Claud moved the Board return to the regulaz order of the agenda under Transportation Matters. The motion was adopted unanimously (5-0). B. Carrollton Court Mr. David noted for the Board's information a letter has been distributed to them concerning the status of Carrollton Court relative to the Rural Addition Program.. Mr. David presented a draft 1996-97 revenue sharing allocation scheme and noted he would have additional information for the Boazd's consideration at their May 16, 1996 meeting. // Chairman Bradshaw called for Citizens Comments. Phillip R. Hobbs requested zoning clarification on his property in Carrsville. Chairman Bradshaw requested the Director of Planning and Zoning to meet with Mr. Hobbs to explain the proper procedure for appearing before the Board of Zoning Appeals.. // Chairman Bradshaw called for the Community Development report.. B. Application of Michael S. Huffman for a Conditional Use Permit to continue the occupancy of a mobile home for an additional twelve (12) months while completing his residence on 17.5 acres of land located off Waterworks Road (Route. 709) on Bethel Church Lane (Route 679). 3 i } __~_.~_ _ _ __r~ 1 C 1 80~w ~U ~.;:' U~ Mr. David noted Mr. Huffman has applied for athirty-six months extension rather than the twelve months extension referenced in the agenda report. ~i '~ Michael S. Huffman appeared and presented his request. Mr. Huffman represented financial difficulties have prevented him from completing the permanent dwelling. Mr. Huffman advised siding will be delivered within the next few weeks and he is attempting to find windows at this time. Mr. Huffman requested the Board give consideration to grandfathering his use of the mobile home. County Attorney Crook stated "grandfathering" is not an issue in this case as Mr. Huffman has filed for an extension of his Conditional Use Permit. Mr. Crook explained that the first Conditional Use Permit was to someone else who had sold the property to Mr. Huffman and the Conditional Use Permit could not be transferred. Supervisor Spady .stated Mr. Huffman has been attempting to build his residence since 1984 and he would hope that if the Board does grant this extension that Mr. Huffman will place a priority on getting it completed. Mr. Huffman stated approximately $20,000 is needed to complete the dwelling and as it is not a matter of time, but rather adequate funds, it is not possible to advise the Board when the dwelling will be complete. Mr. Huffman stated the dwelling could be completed in approximately eight weeks if sufficient funds are available. L Supervisor Claud noted that Mr. Huffman's trailer is not within view of the roadway and the neighborhood contains other trailers. Supervisor Bradby noted no one appeared in opposition to the application at the Planning Commission meeting and moved the Board approve the application of Michael S. Huffman for athirty-six months extension. The motion was adopted unanimously (5-0). // ,, At 7:00 p.m., Supervisor Spady moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradshaw called for a public hearing on the following: A. Isle of Wight County Schools Proposed Budget for FY1996-97 Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed school budget. 1 Dr. Jane T. York, School Superintendent, presented the budget and urged the Board to fully fund the budget as approved by the School Board. Responding to Supervisor Spady's inquiry. on why the budget lists 4 BOOK ~6 ~~;'V•a6 two additional buses, but three additional drivers, Dr. Decker stated the third driver is for. contingency purposes in case a substitute bus must be brought in at the last minute. Replying to Supervisor Spady's inquiry on what the average daily attendance is estimated to be based on to determine what will be received from the State, Dr. York stated she has estimated the number to be approximately one hundred more students than is estimated in the budget, or 4,640 students. Rita Cargill, representing the Isle of Wight Educational Association, requested the Board fully fund the School Boazd's operating budget. Upon no one else ,appearing, Chairman Bradshaw closed the public hearing. Supervisor Cofer moved the Isle of Wight County Schools proposed FY1996-97 budget be placed on the Board's agenda at their continued meeting of April 29, 1996 at 3:30 p.m. The motion was adopted unanimously (5-0). B. The application of the Franklin Kiwanis Club and Carson & Barnes Circus Company to hold a circus on Wednesday, September 25, 1996, with performances beginning at 4:30 p.m. and 7:30 p.m. at the Franklin Municipal Airport located on the north side of Carrsville Highway (Route 58) in Windsor Magisterial District. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed festival. Anthony King, speaking on behalf of the Franklin Kiwanis Club, presented the request. Chairman Bradshaw closed the public hearing and called for comments from the Board. ,. Supervisor Claud moved the Board approve the application of the Franklin Kiwanis Club. The motion was adopted unanimously (5-0). C. A request for the Department of Game and Inland Fisheries for the Commonwealth of Virginia to establish a "No Wake Zone" on Jones Creek from a point approxirriately .63 statute miles south of the Rescue Road (Route 704) bridge over said creek continuing generally to a point approximately 1.01 statute miles south of said. bridge. Chairman Bradshaw called for .citizens to speak in favor of or in opposition to the request. Jim Corbett, Robert Faison, Charlie Greene, Roy Kempton and William Carter urged the Board to establish the no wake zone. t~ ~, ~i 5 Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby stated the establishment of a no wake zone will allow law enforcement to ticket offenders and, therefore, is an effective method for slowing down boaters. ~, Supervisor Spady stated the Planning Commission did not recommend the Board grant the request for at least twelve months.. Supervisor Spady stated he would recommend the Board approve a no skiing zone at this time and if conditions do not improve this Summer and Fall, then the Board can revisit the matter. Supervisor Spady stated if it is the desire of the Board to grant the request, the Board should extend the no wake zone to the boat ramp owned by the County on Jones Creek. Chairman Bradshaw stated the Board has encouraged water activity by building public boat ramps and the question is will the establishment of a no wake zone eliminate activity on the river and, therefore, damage to landowners' properties. Supervisor Spady stated if the Board grants a no wake zone to the erd of Jones Creek the boaters will most likely use Huntington Park (Newport News) and the Countywill have a facility that is not being utilized. n Supervisor Bradby moved the Board grant the request to establish the No Wake Zone on Jones Creek. The motion was adopted (3-2) with Supervisors Bradby, Claud and Cofer voting in favor of the motion and Chairman Bradshaw and Supervisor Spady voting against the motion. D. A request for the Department of Game and Inland Fisheries for the Commonwealth of Virginia to establish a "No Wake Zone" on the Pagan River from a point approximately 1.36 statute miles northwest of the Route 10 Bypass Bridge over said river continuing generally to a point approximately 1.48 statute miles northwest of said bridge. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the request. Upon no one .appearing, Chairman Bradshaw closed the public hearing.and called for comments from the Board. Supervisors Spady and Cofer commented that the request is from only one property owner and that they would not vote in favor of the request. L Supervisor Bradby moved the Board grant the request for the Department of Game and. Inland Fisheries to establish a "No Wake Zone" on Pagan Creek The motion was defeated (4-1) with Supervisor Bradby voting in favor of the motion and Chairman Bradshaw and Supervisors Claud, Spady and Cofer voting against the motion. Supervisor Cofer moved the Board deny the request for the 6 BUQK ~6 ~;;:'6•JO Department of Game: and Inland Fisheries to establish a "No Wake Zone" on Pagan Creek. The motion was adopted (41) with Chairman Bradshaw and Supervisors Cofer, Claud and Spady voting in favor of the motion and Supervisor Bradby voting against the motion. Supervisor Spady moved the Board request the Director of Planning and Zoning to proceed with the process for an extension of the no wake zone through the Planning Commission to extend the no wake zone south beyond the Jones Creek Bridge approximately 1,000 feet. The motion was adopted unanimously (5-0). E. The application of the Isle of Wight Industrial Park Land Trust for a change in zoning from Conditional M-1, Conditional Industrial Limited to Conditional M-2, Conditional Industrial General, approximately 4 acres of land located in the Isle of Wight Industrial Park which is located on the west side of Benns Church Boulevard (Route 10) in Newport Magisterial District. The purpose of the application is for a steel fabricating facility as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the application. Attorney William Riddick appeared representing the applicants, Isle of Wight Industrial Park Land Trust and Timothy Richmond and urged the Board to approve. the rezoning request. Chairman Bradshaw closed the public hearing. and called for comments from the Board. Supervisor Spady moved the Board approve the application of the Isle of Wight Industrial Park Land Trust as recommended by the Planning Comrx~ission. The motion was adopted unanimously (5-0). F. .The application of Joseph T. and Shirley H. Warren for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately one (1) acre of land located on the north side of Windsor Boulevazd (Route 460) between Old Suffolk Road (Route 636) and Ennis Mill Road (Route 690) in Windsor Magisterial District. The purpose of the application is for one rural residential lot as rnnditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the application. Joseph Warren, applicant, appeared and requested the Board's favorable consideration of the application. Chairman Bradshaw closed the public .hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Joseph i n n 7 BOON 1E ~::' V ~J T. and Shirley H. Warren as recommended by the Planning Commission. The motion was adopted unanimously (5-0). // I~ Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). At 8:20 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). Upon returning to open session at 8:35 p.m., Supervisor Cofer moved the Board amend the order of the agenda to hear the request of the City of Virginia Beach for a Conditional Use Permit listed under Old Business on the agenda. The motion was adopted unanimously (5-0). A. The request of the City of Virginia Beach for a Conditional Use Permit and amendment to the Local Consent Agreement previously adopted by the Board of Supervisors on December 3, 1987, for construction of a pipeline sixty (60) inches in diameter to transmit a maximum of sixty million (60,000,000) gallons of water per day from the Pea Hill Creek Branch of Lake Gaston to the City of Norfolk raw water facilities discharging into Ennis Pond Channel in the County of Isle of Wight (Tabled February 22, 1996 and March 21, 1996). 1 ~J County Attorney Crook stated negotiations with representatives of the City of Virginia Beach by the County's committee have been productive and he has an agreement in the form of a resolution for the Board which he has reviewed and recommends. Mr. Crook stated that conditions on the Special Use Permit have also been revised and he recommends these to the Board as well. Mr. Crook stated he has spoken with Attorney Richard Savage and Mr. Macali, the. Virginia Beach Deputy City Attorney, and the independent appraiser, Harry Cross. However, the Board may wish to table the matter as he needs additional time to speak with the landowners who have not agreed on the acquisition of their respective easements. Mr. Crook stated that while this is not a public hearing, Attorney Macali would like to address the Board and he would recommend the Board hear his comments. Deputy Attorney Bill Macali stated the City of Virginia Beach has agreed on all the terms which Virginia Beach hopes to be embodied in the local consent approval and Conditional Use Permit approval. Mr. Macali stated the Board expressed concern that the interests of the landowners be considered and in pursuance of that objective, an appraiser was selected by the County and those appraisals, with the exception of one or two which were special cases, have been completed. Mr. Macali stated he is prepared to proffer to the Board an additional condition of the local consent approval to the effect that as far as any of the remaining property acquisitions to be made are concerned, the City of Virginia Beach will offer formally in writing the sum of 1.5 times the amount of the appraisal performed by Mr. Cross. Mr. Macali noted this would fully assure the Board that the remaining property owners are being treated equitably. 8 aoo~ 1~ r~::640 Clarence Warnstaff, Operations Manager, City of Virginia Beach, stated the City of Virginia Beach is currently attempting to resolve thirteen easements along the Ennis Pond Channel and one easement along the pipeline route, making a total of fourteen property owners. Mr. Warnstaff stated thirty one or thirty-two easements have been obtained along the pipeline route, and along the Ennis Pond Channel, nineteen of thirty-two easements have been obtained. Supervisor Claud noted the negotiations with the City of Virginia Beach have been cordial and cooperative and. he is pleased with the proposal of the City of .Virginia Beach regarding the appraisals for the remaining property owners. Supervisor Claud stated the Board previously promised the property owners an opportunity to negotiate with the City of Virginia Beach and he believes the property owners should have an opportunity to do this. Supervisor Cofer stated he is not in favor of tabling the matter for an additional thirty days, but is in favor of tabling the matter to the. Board's continued meeting on April 29, 1996 which will give the landowners approximately two weeks to review the City's new offer. Supervisor Cofer stated those landowners who have not reached an agreement can continue with their negotiations. Supervisor Spady stated in fairness to the .City of Virginia the Board should take action before the regular meeting of the Board on May 16,1996 because the City of Virginia Beach has done everything the County has asked them to do. Chairman Bradshaw stated he does not want to be rushed into voting on a matter that will impact property owners in the County. Chairman Bradshaw stated he has yet to meet any citizen who supports the Lake Gaston Pipeline which, if approved, will affect the livelihood of citizens and their real estate forever. Chairman Bradshaw stated the City of Virginia Beach has been very cordial during negotiations and he would like to compliment them in this regard, however, his first obligation is to fulfill the needs of the citizens of this County. '! Supervisor Bradby stated he was in favor of the Board considering the matter at their regular May 16, 1996. meeting to allow the affected citizens additional time to negotiate with the City of Virginia Beach representatives to ensure that the needs and concerns of .the citizens are adequately addressed. Supervisor Claud moved the Board table the matter until the Board's May 16, 1996 meeting. The motion was adopted (3-2) with Chairman Bradshaw and Supervisors Claud and Bradby voting in favor of the motion and Supervisors Spady and Cofer voting against the motion. County Attorney Crook stated he would make an interim report at the Board's continued meeting of April 29, 1996 on the status of the acquisition of easements at that time. ~~ 9 ii aooK .16:r:~6•~1 1 Supervisor Cofer moved the Board return to the regular order of ttie agenda under the Community Development report. The motion was adopted unanimously (5-0). C. Property owned by Phillip R Hobbs, Carrsville Highway (Route 58-Business), Tax Parcel No. 65A-01-004A, Windsor Magisterial District. Mr. Hobbs' concerns were addressed under Citizens Comments on the agenda. D. Solid Waste Management System Mr. David stated he has solicited information from five private haulers, of which four firms responded and three provided estimates, to determine if door-to-door trash collection in the Development Service Districts of the County is feasible. Mr. David requested an extension of time to the Board's continued meeting of April 29, 1996 at which time he will distribute to the Board a spreadsheet analysis relative to the oast of the separate collection systems. 1/ Chairman Bradshaw called for the County Attorney's report. 1 County Attorney Crook stated the current term for the School Board member of the Carrsville Election District will expire on June 30, 1996 and in this regard he has prepared a publication for public hearing for the Board of Supervisors. County Attorney Crook stated the Board must then wait seven days after the public hearing before making the appointment. Supervisor Spady moved the board authorize the County Attorney *o advertise the matter for public hearing on May 16, 1996. The motion was adopted unanimously (5-0). County Attorney Crook stated for the Board's consideration is the Note and Deed of Trust for First Dominion Land Corporation to secure their proffers on the subdivision approved by the Board which he recommends as to form. Supervisor -Cofer moved the Board approve the Note and Deed of Trust and authorize the Chairman to sign accepting same on behalf of the Board.. The motion was adopted unanimously (5-0). County Attorney Crook stated for the Board's consideration is .the Note and Deed of Trust for Holladay Estates, Inc. to secure the proffers of Holladay Estates Subdivision which he recommends as to form. Supervisor Spady moved the Board approve the note and Deed of Trust and authorize the Chairman to sign accepting same on behalf of the 10 ti eoe~ 16 ~~.: 642 Board. The motion was adopted unanimously (5-0). County Attorney Crook stated he would have one matter for executive session later in the meeting jointly with. the County Administrator regarding contracts and potential litigation. // Chairman Bradshaw called for the County Administrator's report. Regarding the Board report contained in the agenda relative to the Isle of Wight Substance Abuse Advisory Council, County Attorney Crook stated the Council cannot change their bylaws without approval of the Board. In response to Chairman Bradshaw's inquiry on how many of the Council's members have officially been appointed by the Board, Donald T. Robertson, Assistant to the County Administrator, replied his research indicates all of the individuals were appointed by the Board at some point in tinge. Mr. Robertson stated the bylaws were. amended in 1990, however, the Council was created in the 1970s and some of these individuals have served since that time. Mr. Robertson stated the bylaws now state that individuals can only serve two consecutive terms and the Board probably needs to now appoint new members to replace these individuals who must leave the Council. County Attorney Crook stated originally there were two members from each election district, one agency representative and anon-agency persan. Mr. Crook further stated when the bylaws were prepared by the Council, they provided that the Council would determine who would be on the Council, which he deleted and the bylaws do not provide for any members other than the ten members appointed by the Board. Mr. Crook stated if the Council is operating differently from the bylaws, then the Council should review and perhaps present revised bylaws to the Board. Chairman Bradshaw moved the Board request the County Attorney meet with the Isle of Wight Substance Abuse Advisory Council and bring back a recommendation concerning certain amendments to their bylaws which may be applicable. The motion was adopted unanimously (5-0). Regarding the agenda item involving a professional sports opportunity within the Hampton Roads region, County Administrator Caskey indicated this matter had been tabled by the Board pending further review by the County Attorney. Mr. Caskey advised he had forwarded all related information to the County Attorney for his review. Mr. Caskey stated the Hampton Roads Planning District Commission has indicated that they will cover all associated costs of the initial study through their unallocated existing funds. Supervisor Cofer moved the Board support the study of professional sports opportunity in the Hampton Roads region. The motion was adopted unanimously (5-0). i r 1 11 .~. BOCK 16 ~~.'11~J Supervisor Cofer further md~ved the Board direct the Chairman to support the public RFP procurement process for selection of professional consultant services .and direct the County Administrator to draft a letter to the Chairman of the Mayors and Chairs Caucus advising of the Board's direction. The motion was adopted unanimously (5-0). 1 Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THREE THOUSAND SIX HUNDRED DOLLARS TO INSTALL ROOF VENTS ON THE PUBLIC SAFETY AND THE PUBLIC SERVICES BUILDINGS WHEREAS, the Board of Supervisors of the. County of Isle of Wight, Virginia desires to have roof ventilation installed on the roofs of the Public Safety and Public Service Buildings; and, WHEREAS, funds in the amount of three thousand six hundred dollars ($3600) need to be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item for Building and Grounds Repair and Maintenance projects in the 1995-96 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 three thousand six hundred dollars ($3600) be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item for Building and Grounds Repair and Maintenance projects in the 1995-96 budget of the County of Isle of Wight, Virginia for the installation of roof vents on the Public Safety and Public Services Buildings. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE THOUSAND TWO HUNDRED DOLLARS ~TO INSTALL SCREENED ACCESS DOORS ON THE PUBLIC SAFETY AND THE PUBLIC SERVICES BUILDINGS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to have screened access doors installed on the each end of the Public Safety and Public Service Buildings; and, WHEREAS, funds in the amount of one thousand two hundred dollars ($1200) need to be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item for Building and Grounds Repair. and Maintenance projects in the 1995-96 budget of the County of Isle of Wight, Virginia. iJ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one 12 t 8001c 16 ~;;~.`V thousand two hundred dollars ($1200) be appropriated from the unappropriated fund balance of the General Fund. to the appropriate line item for Building .and Grounds Repair and Maintenance projects in the 1995-96 budget of the. County of Isle of Wight, Virginia for the installation of screened access doors on the Public. Safety and Public Service Buildings. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board adopt the following resolution: ONE THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS FROM THE COMMONWEALTH OF VIltGIlVIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES WHEREAS, the County of Isle of Wight, Virginia has received a grant from the Commonwealth of Virginia Department of Agriculture and Consumer Services for continuation of the Pesticide Container Recycling Program; and, WHEREAS, the funds in the amount of one thousand eight hundred . seventy five dollars ($1875) from the Commonwealth of Virginia need to be appropriated to the Pesticide Container Recycling Program line item in the FY1995-96 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand eight hundred seventy five dollars ($1875) to be received from the Commonwealth of Virginia Department of Agriculture and Consumer Services be appropriated to the line item for the. Pesticide Container Recycling Program in the FY1995-96 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 adopted unanimously~(5-0). Chairman Bradshaw moved the Board adopt the following resolution RESOLUTION TO APPROPRIATE EIGHT THOUSAND EIGHT HUNDRED SEVENTY EIGHT DOLLARS TO PAVE THE CARRSVILLE CONVENIENCE CENTER SITE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to have the surface of the roadway and the customer service area of the Carrsville Convenience Center paved; and, WHEREAS, funds in the amount of eight thousand eight hundred seventy eight dollars ($8878) need to be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item for the Carrsville Convenience Center project in the 1995-96 budget of { ~r i r_: w 1 13 8D01! 16 ~x"ej>~,r~ 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 eight thousand eight hundred seventy eight dollars ($8878) be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item for the Carrsville Convenience Center project in the 1995-96 budget of the County of Isle of Wight, Virginia. The motion was adopted unanimously (5-0). Frank Lucian appeared on behalf of Springdale Housing, Phase II, Inc. and requested the Board's consideration of granting tax exempt status for Phase II of the proposed housing complex which will be located in the' Southern Development Service District of the County. County Attorney Crook stated the Board could initiate the tax exempt status for this property by petitioning the General Assembly to add this particular property activity to the already existing statute which lists exempt corporations, museums, etc. There is, however, no incentive for the Board to do this as it would lose a taxable property. 1VIr. Crook stated he would like to have the opportunity to review the matter and send a report to the Board for their consideration before the Board considers approving this request. 1 Supervisors Cofer and Claud indicated the Board did not grant a tax exempt status for Phase I of the project and they would not be in favor of granting this request. Chairman Bradshaw moved the Board deny the request of Springdale Housing, Phase II, Inc. for tax exemption status. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION DESIGNATING APRIL 21ST THROUGH 27TH, 1996 AS NATIONAL COUNTY GOVERNMENT WEEK WHEREAS, county government is the oldest form of local government in the United States, and, WHEREAS, Virginia is the birthplace of county government, with the first counties in America being Virginia's eight original shires that were established in 1634 and the County of Isle of Wight has been in existence for over three hundred fifty years; and, WHEREAS, ninety-eight percent of the nation's population and two thirds of Virginia's population live in counties; and, 1 WHEREAS, county governments provide a wide range of services for the benefit of all people and are often the last available resource for providing critical and long-term services for the poor, the homeless, 14 B~eK iV ''~+~r~~~%-v immigrants, refugees and the disadvantaged segments of society; and, WHEREAS, over the past thirty years county governments have assumed increasing responsibility for the administration and 8nandng of health, welfare, justice, transportation, housing and community development programs and county governments have also been assigned a greater role in solving area-wide problems dealing with air pollution, water pollution, solid waste disposal, airports, transit systems, regional parks and other important issues. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Isle of Wight County joins all other counties in the United States and recognizes the week of Apri121st through Apri127th, 1996 as NATIONAL COUNTY GOVERNMENT WEEK The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING APRIL 21ST THROUGH APRIL 27TH, 1996 AS VOLUNTEER RECOGNITION WEEK 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 contributio~ts 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 week of April 21st through April 27th, 1996 is hereby established as Volunteer Recognition Week 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. z~ 1 1 15 eoer ~6 -~°.~~i #7 The motion was adopted unanimously (5-O). County, Administrator Caskey referenced a report contained in the agenda relative to the Isle of Wight County, Economic Development Internet site for the Board's information. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE MAY AS MENTAL HEALTH MONTH WHEREAS, millions of Americans -including children -may experience a mental disorder at some point during their lives and may suffer devastating consequences as a result; and, WHEREAS, Americans recognize that comprehensive and accessible mental healthcare services in their communities can effectively treat many disorders; and, WHEREAS, Western Tidewater Mental Health Center has made a commitment to community-based systems of mental healthcare for all residents; and, WHEREAS, the guiding principles of community mental healthcare have always been comprehensiveness, cost-efficiency, effective management, high quality and consumer-responsive services, and those principles are now being adopted by private and public healthcare payers; and, 1 WHEREAS, federal, state, and local governments continue to struggle with ways to ensure all Americans who need physical and behavioral healthcare services can receive the help they need. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the month of May 1996 is designated. as Mental Health Month. The motion was adopted unanimously~(5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIFTEEN THOUSAND DOLLARS TO REMOVE THE ABANDONED BUILDING AT THE JONES CREEK CONVENIENCE CENTER SITE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to have the abandoned building and associated debris removed from the Jones Creek Convenience Center site; and, 1 WHEREAS, funds in the amount of fifteen thousand dollars ($15,000) need to be appropriated from the unappropriated fund balance of the General Fund to the line item for Building and Grounds. projects in the 1995-96 budget of the County of Isle of Wight, Virginia. 16 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifteen thousand dollars ($15,000) be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item for Building and Grounds projects in the 1995-96 budget of the County of Isle of Wight, Virginia for the removal of an abandoned building and the associated debris. The motion was adopted unanimously (5-0). County Administrator Caskey stated in addition to the item referenced by the County Attorney for discussion in executive session he also had two personnel matters and one matter for advice of counsel later in the meeting. // Chairman Bradshaw called for Old Business. C. Resolution to Appropriate $5,000 for the Sheriffs Office to Conduct Police Traffic Services (Tabled February 22, 1996) Following discussion by the Board and information that the request was not a matching grant and, therefore, not required, Supervisor Cofer moved the Board deny the request. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for New Business. There was no new business offered for discussion by the Board. // Chairman Bradshaw called for Appointments. County Attorney Crook explained the history of the Board's appointments to the Western Tidewater Regional Jail, noting that now two Councilmen from each City serve as the voting members with the City Managers serving as the alternates. However, Isle of Wight has one Board member and the County Administrator serving as the voting members and one Board member as the alternate. He explained further that the Chairmanship of the Regional Jail Board has been rotated so that the Councilmen and Board of Supervisors hold that office. He stated further that he had discussed this matter with Supervisor Claud and Mr. Caskey and they were agreeable to Mr. Claud serving as the voting representative and Mr. Caskey as the alternate. Supervisor Spady moved the Board accept the resignation of the County Administrator as the Board's representative on the Western Tidewater Regional Jail Authority. The motion was adopted unanimously (5-0). 4' A 1 J 17 BOOK 1~ ~~ . e~~:J Supervisor Spady further moved the Board appoint Supervisor Claud as the representative and W. Douglas Caskey as the alternate on the Western Tidewater Regional Jail Authority. The motion was adopted unanimously (5-0). 1 Chairman Bradshaw moved the Board reappoint Joel C. Bradshaw, Jr. representing the Carrsville District on the Industrial Development Authority for an additional four-year term which will expire in April of 2000. The motion was adopted unanimously (5-0). Supervisor Bradby requested Mr. Robertson research the SEVAMP appointments, specifically to determine if the appointment to replace Mary Wells, now deceased, must come from a particular district and bring the matter back to the Board's continued meeting on April 29, 1996. Supervisor Claud moved the Board appoint Robert E. Hall as the School Transportation representative on the Transportation Safety Committee for afour-year term which will expire in April of 2000. The motion was adopted unanimously (5-0). // 1 County Attorney Crook requested an executive session pursuant to Section 2.1-344 Al of the Freedom of Information Act concerning three personnel matters and under Section 2.1-344 A7 concerning legal matters requiring advice of counsel and two matters concerning potential litigation requiring advice of counsel. At 9:55 p.m., Supervisor Claud moved the Board enter executive session for the reasons stated by the County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 10:35 p.m., Supervisor .Claud moved the Board adopt the following resolution CERTIFICATION OF EXECUTIVE .R'TT G WHEREAS, the Board of Supervisors has convened an executi~re meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information A~:t; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was rnnducted in conformity with Virginia law; 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as 18 eoe« 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). ~~ F Supervisor Cofer moved the Board authorize the County Attorney to write a letter to Central Builders setting a final date for the landfill closure. The motion was adopted unanimously (5-0). // Supervisor Cofer moved the Board continue its meeting to Apri129, 1996 at 3:30 p.m. The motion was adopted unanimously (5-0). hilli .Bradshaw, Chairman W. Dou a skey, Cle y 19 =.