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06-04-1998 Regular MeetingB~QB 10 rprr ~' REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF JUNE IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Phillip A. Bradshaw Henry H. Bradby Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Melinda Goodwyn, Acting Recording Secretary Chairman Claud called the meeting to order at 2:00 p.m, and delivered the invocation. // Chairman Claud called for Special Presentations. Bradley L. Swanson, Vice-President, Virginia Gas Pipeline Company, requested the Board support Virginia Gas Pipeline Company in its pipeline project in the form of a resolution to the State Corporation Commission recognizing natural gas as a viable energy source for residential, commercial and industrial use. Supervisor Cofer moved. the Board adopt the .following resolution in support of the pipeline project: RESOLUTION TO SUPPORT THE VIRGINIA GAS PIPELINE COMPANY PROJECT WHEREAS, natural gas is a necessary natural resource to communities in the Hampton Roads region of Virginia and is important in meeting our region's energy needs; and, o WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been informed that the Virginia Gas Pipeline Company proposes to construct, own, and operate a transmission line from Radford, Virginia to Chesapeake, Virginia, bringing the proposed natural gas pipeline through Isle of Wight County; and, WHEREAS, the Board of Supervisors recognizes that the availability of 1 8041f • ~O ~A~r reliable, long-term natural gas supply enhances the expansion of economic development in the Hampton Roads region of Virginia; and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of 'the County of Isle of Wight supports the proposed application of certification of .the gas pipeline by Virginia Gas Pipeline Company. BE IT FURTHER RESOLVED that the Board of Supervisors requests that the Virginia State Corporation Commission approve the application of Virginia Gas Pipeline Company to construct, own, and operate the natural gas pipeline. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. // Chairman Claud indicated the following Consent Agenda included Item 2, A and B, and asked if there were any items for removal: Continued Meeting Minutes of April 30, 1998 Continued Meeting Minutes of May 7, 1998 Supervisor Spady moved the Board approve the Consent Agenda. The motion' was adopted as follows: Claud, Cofer, Bradby; Bradshaw and Spady voting in favor of the motion; none voting against. // Chairman Claud called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, referred to excerpts contained in the agenda for the tentative 1998-1999 Six Year Improvement Program for primary roads. Mr. Hartley noted a public hearing is scheduled for June 11, 1998 in Richmond. Supervisor Spady moved the Board direct County staff look into the matter concerning additional funding allocated for certain highway projects and to attend VDOT's public hearing on June 11, 1998 to convey the concerns of the Board. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Administrator Casket' .distributed correspondence related to a concern from William Gwaltney; Jr. of Windsor noting a need for a traffic control sign along Route 603 in proximity of his peanut shelling station. Mr. Casket' stated VDOT had responded noting that there was not justification for installing such signage and he is bringing .the matter to the Board's attention. for 2 B~~A ~V ''/A"f V its consideration. Chairman Claud moved the. Board direct staff correspond with the VDOT Resident Engineer and District Administrator regarding Mr. Gwaltney's request. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Administrator Caskey noted he had received a call from the VDOT Resident Engineer who is requesting a meeting with the Board for purposes of providing a status report of the Route 704, Rescue Bridge Project. Supervisor Spady noted the Board is anticipating another work session in the near future and that the Resident Engineer could be invited to that meeting when it is scheduled. // Chairman Claud called for Citizens Comments. Thomas Fenderson, Sugar Hill Road, Carrollton, appeared before the Board asking if citizens would be able to speak at other public meetings held by the Board on the Graymor rezoning application. County Attorney Crook advised Mr. Fenderson that the public hearing on the Graymor rezoning application had been closed, however, at the Board's discretion, citizens could speak at future meetings regarding the rezoning during Citizens Comments. County Attorney Crook advised the Board must allow citizens to speak on both the pros and cons of the project. i~ Robert Edwards addressed the Board noting his concerns. with the ownership and rights of residents of Burwells Bay Road. County Attorney Crook noted to his knowledge the County does not own any property at Burwell's Bay and that the County had conveyed what was referred to as the "public acre" to the Homeowners Association. of Burwells Bay in the early 1960's. Supervisor Spady moved the Board request the County Attorney meet with the parties involved to advise what can and can not be done at Burwells Bay. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Natalie Bradby, on behalf of the Commission on Aging, requested the Board fill existing vacancies on the Commission on Aging and, if necessary advertise the vacancies when they become available. Ronnie Bryant, Vice President of Burwells Bay Improvement Association, 3 80Qx .18 %A~~ J requested speed signs and "children at play" signs be posted on Burwells Bay Road at Burwells Bay. Supervisor Spady suggested Mr. Bryant attend the meeting that the Board has requested the County Attorney schedule with citizens concerning Burwells Bay. Grace Keen complimented the Board on their efforts and work session on the Graymor rezoning application. Buddy Jones, representing the Carrsville Athletic Association, requested that the poles and lights that were taken down from the old Windsor High School be donated to the Carrsville Athletic Association to be installed at the new ball field at the Carrsville Elementary School. Alan S. Nogiec, Director. of Parks and Recreation, recommended the Board stipulate that the poles and lights. not be sold for a certain period of time. 1 Supervisor Spady moved that the Board direct the County Attorney draw up an agreement releasing the poles and lights to the Carrsville Athletic Association with the stipulation that the poles and lights not be sold for at least six years and that the poles be removed. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. . County Attorney Crook noted he would prepare an appropriate agreement concerning the donation to the Carrsville Athletic Association. // Supervisor Bradby moved the Board amend the order of the agenda in order to consider the School Board appointment for the Newport District listed under Old Business. The motion was adopted unanimously (5-0). Chairman Claud noted the Board had held a public hearing on May 21, 1998 to consider nominations for the School Board appointment for the Newport District at-which time two {2) candidates, George A. Bradby and Barbara B. . Owen, were nominated. 1 Supervisor Spady moved the Board reappoint George A. Bradby. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw. and Spady voted in favor of the motion; none voting against. . George A. ]3radby, in attendance, thanked the Board for its appointment. // Supervisor Cofer moved. the Board. return to the regular order of the 4 BOON. ~S zA^~ 1O agenda. The motion was adopted unanimously (5-0). // Chairman Claud called for the Community Development report. Mr. Hartley briefed the Board on the Community Development Block Grant (CDBG) pre-contract requirements for the Jamestown/Camptown Community. Supervisor Bradshaw moved the Board adopt the various plans and procedures. The motion was adopted as follows: Claud, .Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Mr. Hartley presented the following application for the Board's consideration: The application of the Isle of Wight Industrial Park to waive the paving requirement of the Highway Corridor Overlay District of Lots 1, 3, 4, 6, and 13 in Phase L William Riddick, Attorney representing the applicant, noted he was not present at the Planning Commission meeting as there was a misunderstanding on his part about when the application would be considered by the Commission. Attorney Riddick stated he believes paving is necessary only in Lots 2 and 5 because paving in industrial/non-retail uses is an unnecessary expense when the same objective can be met with enhanced landscaping. He requested the Board refer the matter back to the Planning Commission so he could make his presentation to them. Supervisor Cofer moved the Board refer the application back to the Planning Commission for its recommendation. The motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; Bradshaw voting against. Mr. Hartley distributed to the Board an updated draft copy of the Isle of Wight County FY 1999-2003 Capital Improvement Program as proposed by the Board to replace the copy that was distributed at the May 21, 1998 Board meeting. Mr, Hartley distributed to the Board tabs, as well as an outline for the IIoard members' Grayitu~r notebooks, and a summary table of all questions raised at the recent Graymor work session. As a reminder of the upcoming. High Growth Forum, Mr. Hartley distributed a copy of the registration sheet to the individual Board members. 1 5 ~~ aooK ~ 18 :~A;:r 11 Chairman Claud called for the Public Utilities report. E. Wayne Rountree, Director of Public Utilities, noted the County was recently awarded a contract for sewer improvements in the Camptown area which .encompassed an alarm system for the sewage pump station. A necessary component of the alarm system is an antenna to be located on a tower somewhere near the Courthouse. Mr. Rountree noted he understands that an application may be forthcoming from PrimeCo to install a tower in the immediate area and, should the Board approve the application, the County will need space on 'the tower to accommodate the sewage pump station alarm. Supervisor Spady requested Mr. Rountree review the structural analysis to see if he could find an alternative for the installation of the alarm system on the existing County tower and for staff to determine if any equipment utilized by the Ham Radio group could be removed from the County's tower so as to provide for the alarm system. 1 Mr. Rountree stated the Board previously heard a request from Attorney Hudgins, representing Mr. Langley, owner of the Twin Ponds Mobile Home Park, that the mobile home park not be required to connect to the Windsor sewer project, upon its completion and, if required. to connect, that Mr. Langley be allowed to pay a reduced connection fee. Mr. Rountree informed the Board that according to the Department of Environmental Quality, Mr. Langley is under a consent order dated May of 1996 to either connect to public sewer within 120 days of availability or to begin upgrading his system. Mr. Rountree recommended the ]3oard not change its Ordinance as it relates to Mr. Langley's earlier request. Supervisor Claud moved the Board not amend the ordinance regarding the required connection of Twin Ponds Mobile Home Park. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the .motion; none voting against. 1 Ed Blair, Project Principal, Gannett Fleming, and Phil Heck, Project Manager, Gannett Fleming, presented the Board with highlights of the Southern Development Service District Water Study. Mr. Heck brought the Board up-to- date on its options, as follows: (1) treat water for potable use or treat all of the water for both industrial and potable systems; (2) status quo option where everything stays as it is; (3) create a separate industrial system; (4) build a complete system by year 2003; or, (5) proceed with completing the industrial system by 2001 and develop the potable system as needed. Chairman Claud requested Mr. Rountree stay in contact with the Hampton Roads Sanitation District (HRSD) as this process continues. 6 aooh ~.8 ~~~;r 1? Supervisor Bradshaw requested Mr, Rountree stay in touch with the City of Franklin's Utilities Director as he understands the City is expanding its sewer system and has decided not to go with HRSD. // Chairman Claud called for the Economic Development report. Lynn P. Harris, Director of Economic Development, distributed to the Board a copy of the Hampton Roads Economic Development Alliance 1998 Prospect and Marketing Activities Report. Ms. Hams noted she also has two (2) matters for executive session later in the meeting. // Chairman Claud called for the Parks and Recreation report. ; Alan S. Nogiec, Director of Parks. and Recreation, presented. a request of Booker T. Mattison to use the general store located in the Isle of Wight County Museum to film a thesis for his Masters Degree. Such film will be aired at various film festivals, noted Mr. Nogiec. County Attorney Crook advised he would like to prepare an appropriate agreement for the Board's review, subject to a review of the film's script. Supervisor Bradshaw noted the Town of Smithfield should also review the film script as it may have an impact on the image of the Town. Supervisor Cofer requested the .County Attorney review the film script before the Board acts on the request and that staff notify the Town of Smithfield to advise it of this request. Mr. Nogiec stated there are plans to renovate the mini theater at the Museum and he is requesting authorization to recognize the Smithfield Womens' Club and the Sala Clark Foundation as the funding sources for this renovation. Supervisor Cofer requested County staff draw up a resolution authorizing the Sala Clark Memorial Fund to be used as the funding source for the renovation of the mini. theater. // Chairman Claud called for the County Administrator's report. County Administrator Caskey presented a resolution for the Board's consideration recognizing June 6-13, 1998 as National Home Ownership Week which he recommends the Board adopt.- 1 1 7 eooK ~ 18 •~rc 13 Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO DESIGNATE JUNE 6-13, 1998 AS NATIONAL HOMEOWNERSHIP WEEK WHEREAS, most Americans aspire to achieve the goal of homeownership; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia shares the vision of homeownership with its constituents; and, WHEREAS, the week of June 6-13, 1998 has been designated by the United States Department of Agriculture as National Homeownership Week. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that June 6-13, 1998 be designated as Homeownership Week in Isle of Wight County. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. 1 County Administrator Caskey presented a request from Sherry Bailey, Fiscal Coordinator for the Hampton Roads Juneteenth Festival,. requesting the Board adopt a resolution ,designating June 19-21, 1998 as Juneteenth. In addition, Ms. Bailey is also requesting a County representative be available to attend -the opening ceremony to read. the resolution. County Administrator Caskey offered to have a staff person attend the ceremony on behalf of the Board, if necessary, as the opening ceremony is scheduled for the same date as the upcoming High Growth Forum. Supervisor Cofer moved the Board adopt tl~e following resolution: RESOLUTION TO DESIGNATE JUNE 19, 1998 AS JUNETEENTH WHEREAS, Juneteenth (June 19, 1865) commemorates the oldest African- American celebration in the United States and the signing of the Emancipation Proclamation of 1863 and freedom for all Americans; and, 1 WHEREAS, the cities of Hampton Roads played a unique role in southern history and that southern history embraces the legacies of many cultures and .their contributions to the riches of the past and the vitality of the future; and, WHEREAS, the Juneteenth Festival is a regional event that celebrates a shared heritage, reflecting the. fact that diversity is the foundation of strong communities. 8 BOOK ~.H ~•A^~ 14 NOW, THEREFORE, BE IT AND IT•IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that June 19, i 998 be designated as Juneteenth in Isle of Wight County. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Anne Seward, Director of Budget and Finance, noted responses to the County's request for property and casualty insurance coverage for July 1, 1998 to June 30, 2001 have been received and are available for the Board's consideration. Sam Rosenthal, Insurance Consultant, recommended the County continue with Selective Insurance Company which has reduced its cost by $24,600 due to competitive pricing, the marketplace and the County's past loss experience. Mr. Rosenthal noted Selective Insurance Company has advised it is also willing to increase the County's umbrella liability coverage from $3,000,000 to $5,000,000 for an annual cost of only $660, which he also recommends the-Board approve. Supervisor Cofer moved the Board accept -the recommendation for Selective Insurance Company. to serve as the County's insurance carrier at the price of $72,238 and to increase the .County's umbrella to $5,000,000 for an additional $660 in premium. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Administrator Caskey presented a resolution for the Board's consideration appropriating the sum of $522,487 for debt service costs related to the 1997 bond issue which he recommends the Board adopt. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIVE HUNDRED TWENTY TWO THOUSAND FOUR HUNDRED EIGHTY SEVEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE PUBLIC UTILITIES FUND AND THE ISLE OF WIGHT COUNTY SCHOOLS FOR DEBT SERVICE COSTS RELATED. TO THE 1997 BOND ISSUE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the 1997 bond issuance for the construction of the new Windsor Elementary School and various utility projects in the County of Isle of Wight; and, WHEREAS, the funds in the amount of one hundred forty. seven thousand eighty five dollars ($147,085) need to be appropriated from the unappropriated .fund balance of the General Fund to the School Operating Fund in the 1997-98 Operating Budget for debt service costs associated with the construction of the 1 1 9 BOCK ~O dprr ~~) new Windsor Elementary School in the County of Isle of Wight; and, 1 WHEREAS, -the funds in the amount of three hundred seventy five thousand four hundred two dollars ($375,402) need to be appropriated from the unappropriated fund balance of the General Fund to the Public Utilities Fund in the 1997-98 Operating Budget for debt service .costs associated with the construction of various utility projects throughout 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 five hundred twenty two thousand four hundred eighty seven dollars ($522,487) ~ be appropriated from the unappropriated fund balance of the General Fund of the 1997-98 budget of the County of Isle of Wight for debt service costs associated with the issuance of the 1997 bond series. BE IT AND IT IS HEREBY 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. 1 The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against.. County Administrator Casket' presented a resolution for the Board's consideration relative to interest participation costs for the Windsor Interceptor Force Main Project which he .recommends the Board. approve. Chairman Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED THREE THOUSAND FOUR HUNDRED FORTY TWO DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE TO THE PUBLIC UTILITIES FUND FOR INTEREST-COSTS FOR THE WINDSOR INTERCEPTOR SEWER FORCE MAIN PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction agreement for the Windsor Interceptor Sewer Force Main for the County; and, ~I WHEREAS, the funds in the amount of one hundred three thousand four hundred forty two dollars ($103,442) need to be appropriated from the unappropriated fund balance of the General Fund to the Utility Fund in the 1997- 98. Operating Budget for the interest costs. associated with the construction agreement for the Windsor Interceptor Sewer Force Main for the County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Boazd of Supervisors of the County of Isle of Wight, Virginia that one hundred 10 BOOK ~~ ygrr 1~' three thousand four hundred forty two dollars ($103,442) be appropriated from the unappropriated fund balance of the General Fund of the 1997-98 budget of the County of Isle of Wight for the interest costs associated with the construction agreement for the Windsor Interceptor Sewer Force Main. BE IT AND IT IS HEREBY 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 as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against, Chairman Claud further requested that Mr. Rountree contact AES Engineers and request they appear at the Board's first meeting in July to provide the Board an update on the status of the Windsor sewer project. County Attorney Crook presented a lease agreement for the YMCA's use of the former "Home Economics Building" for the Board's consideration which he recommends the Board approve. Supervisor Spady moved the Board authorize the Chairman to execute the lease agreement on behalf of the Board. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady. voting in favor of the motion; none voting against. Supervisor Cofer moved the Board nominate William `G. Yeoman for appointment to the Board of Equalization representing the Smithfield District. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voted in favor of the motion; none voting against. Supervisor Bradby moved. the Board nominate Hannibal Herring for appointment to the Board of Equalization representing the Hardy District. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Attorney Crook reminded the Board that it makes nominations to the Board of Equalization which he presents to the Circuit Court for appointment by court order in July. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, noted the State now places a requirement on Community Services Boards in that the Boards must be designated by the localities that they serve as one (1) of three (3) types of Community Services Boards. Mr. Robertson recommended the Board adopt the resolution enclosed in the agenda. Supervisor Bradshaw moved the Board adopt the. following resolution: 11 804a ~O ~A^f ~7 A RESOLUTION DESIGNATING THE WESTERN TIDEWATER COMMUNITY SERVICES BOARD AS AN OPERATING COMMUNITY SERVICES BOARD WHEREAS, Section 37.1-194 of the Code of Virginia requires each locality to designate the type of community services board through which it provides mental health, mental retardation, and substance abuse services to its residents; and, WHEREAS, Isle of Wight County,. in conjunction with the Cities of Franklin and Suffolk, and Southampton County, delivers its services through the Western Tidewater Community Services Board; and, WHEREAS, the Western Tidewater Community Services Board, through its. Board of Directors appointed by each. participating local government, sets policy for the provision of mental health, mental retardation and substance abuse services that are provided through community services board staff or contracts with other organizations and providers; and, WHEREAS, this model most closely fits the definition of "operating community services board" as outlined in the law. U NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, , in conjunction with the Cities of Franklin and Suffolk, and Southampton County, does hereby designate the Western Tidewater Community Services Board as an operating community services board with the duties and responsibilities conferred upon it by law and such other duties and. responsibilities assigned by its participating local governments. BE IT FURTHER RESOLVED that this resolution shall be in effect upon its passage and shall be transmitted to the governing bodies of the Cities of Franklin and Suffolk, and Southampton County, the Executive Director of the Western Tidewater Community Services Board, and the Commissioner of the Department of Mental .Health, Mental Retardation and Substance Abuse Services. The motion was adopted as follows:. Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. 1 County Administrator Caskey reminded the Board that at its regular meeting of May 7, 1998 Grace Keen addressed the Board on concerns relative to beautification efforts and made the suggestion that the .Board consider the appointment of a citizens' committee to take over those responsibilities. In this regard, he is recommending the Board appoint a citizens' advocacy group for beautification projects throughout the County which would focus on gateways and certain intersections in the County. 12 eoeK 18 ~~rt 18 Supervisor Spady moved the Board refer the .issue of beautification to County staff to further investigate appropriate guidelines and provide them with recommendations for the services of a Citizens Beautification Committee. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. For the Board's consideration, Ms. Seward noted staff was recently approached by the School's Technology Department extending an offer to provide free residential Internet access for County employees. Supervisor Bradshaw moved the Board approve County employees be included in the free Internet access for residential use from the School's Technology. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. // Supervisor Spady requested an executive session under Section 2.1-344 Al of the Freedom of Information Act concerning interviews of prospective auditors for auditing services. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor 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, 2.1-344.1 A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors. hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by 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. 1 AYES: Claud, Cofer, Bradby, Bradshaw and Spady NAYS: 0 13 8~Q% ~S %'b~f ~~~ ABSENT DURING VOTE: 0 1 ABSENT DURING MEETING: 0 The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Spady moved the Board direct County staff and the County Attorney to negotiate a contract with the number one vendor of choice for audit services. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. // Chairman Claud called for the continuation of the County Administrator's report. 1 Ludford T. Creef, III, Director of Public Works, distributed.informati~n to the Board representing a status report of the County's refuse collection system. Mr. Creef noted the green boxes have diminished to twelve (12) stops and eighty (80) cans and he is requesting permission to close four (4) of the redundant stops, eliminating an additional twenty-two (22) green boxes from the system. The Board members indicated to Mr. Creef that they were in favor of closing the green box systems at the. Ducktown site and the Robert Ellis site with appropriate signage placed noting such closings. // Chairman Claud called for Old Business. A. FY 1998-99 General Operating and Capital Budgets Following discussion by the Board members on their respective schedules, Chairman Claud noted the Board would table action on the matter until 3:30 p.m. on June 29, 1998 and that staff also be directed to invite the VDOT Resident Engineer to be present at 4:30 p.m. on that date. B. Industrial Development Authority 1 Chairman Claud noted the Board, at its meeting on May 7, 1998 requested the County Attorney draft a memorandum to the Industrial Development Authority for the Board's review. Supervisor Cofer moved the correspondence drafted by the County Attorney be sent to the Industrial Development Authority members. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw, and Spady voting in 14 ao~K ~.8 rArr 20 favor of the motion; none voting against. C. Economic Development Committee Supervisor Spady moved .the Board adopt the following resolution: RESOLUTION REGARDING ECONOMIC DEVELOPMENT COMMITTEE OF ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, created an Economic Development Committee by Resolution adopted June 21, 1984, to achieve the goals of improved job opportunities and capital investments in the Commonwealth in support of the Virginia Community Certification Program; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, desires to enhance and expand its economic base and improve its competitive position to attract industry to locate in the County of Isle of Wight and to assist local existing industry to remain in Isle of Wight County and to expand; and, WHEREAS, the Board of Supervisors as the governing body of Isle of Wight County, Virginia, is prepared and does support appropriate efforts within the County of Isle of Wight to become fully prepared to encourage and promote economic development. WHEREFORE, BE IT AND IT IS HEREBY resolved by the Board of Supervisors of Isle of Wight County, Virginia, that a new Economic Development Committee for the County of Isle of Wight is hereby created to consist of two members from each election district to be appointed by the Board of Supervisors and shall include one member from each town within the County to be appointed by the governing body of each town, and one member from the Industrial Development Authority of Isle of Wight County to be appointed by said Authority. It is further directed by the Board of Supervisors of Isle of Wight County that the Bylaws of the Economic Development Committee be amended to reflect the membership and appointments as hereinabove provided. The motion was adopted as follows: Claud, Cofer Bradby, Bradshaw, and Spady voting in favor of the motion; none voting against. Chairman Claud requested County Attorney Crook provide the Board with a copy of the Economic Development Committee. bylaws. D. PrimeCo Personal Communications Lease Agreements County Attorney Crook stated he had problems with the PrimeCo Personal 15 8001( ~Or„G~ ~'+~.~ 1 Communications lease agreement and he would like to be advised of the Board's concept of the matter and prepare a revised lease agreement. The lease, as written, is under the control of PrimeCo which determines the rent and whether or not the County can utilize such tower, stated County Attorney Crook. Supervisor Bradshaw moved the Board direct the County Attorney work with PrimeCo and make changes as appropriate to the lease agreement. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw, and Spady voting in favor of the motion; none voting against. E. Distribution/Display of Outside Communications/Materials 1 County Attorney Crook noted the-Board was previously distributed a policy concerning outside materials being distributed/displayed on County property. The policy is proposed to regulate materials which might be displayed or distributed on public property so that same does not interfere with County activities and employment. Such policy states a permit must be obtained from the County Administrator before materials are displayed/distributed on County property. The policy is not an attempt to censor, but rather an attempt to regulate, stated County Attorney Crook. He also stated he had revised the policy to leave the final determination on the suitability of the materials to the Board of Supervisors. Chairman Claud noted the Board would give the matter further consideration at a later date. F. Southampton AAU Basketball Association Request Chairman Claud noted the Board was previously presented a request from the Southampton AAU Basketball Association for an appropriation of $1,500 and, in the absence of Supervisor Bradshaw .who represents the Carrsville District, the Board deferred action on the matter. County Administrator Casket' noted there is only one (1) player from Isle of Wight County. on the team. Supervisor Bradshaw moved the Board approve an appropriation in the amount of $500 from the Contingency Fund. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting. against. 1 Chairman- Claud noted the Board had received a presentation from Dan Roberts at a previous meeting regarding the contributions of the Roberts family in Windsor dwing and after the Civil War. At that time, direction was given to staff to prepare an appropriate resolution for the Board's consideration, stated Chairman Claud. 16 800K ~C7 iAfr~,2 Supervisor Bradshaw moved the Board approve the following resolution: RESOLUTION TO RECOGNIZE ACCOMPLISHMENTS OF THE ROBERTS FAMILY WHEREAS, the Seven Roberts Brothers of Windsor, Virginia were the sons of Benjamin Mills Roberts and Mary Ann Wright Roberts; and, WHEREAS, six of the Roberts Brothers - Mills W. Roberts, john Walter Roberts, Sylvester James Roberts, Benjamin Claudius Roberts, Francis Columbus Roberts, and Nathaniel Cornelius Roberts -joined the Confederate Army together on the same day: Apri122, 1861, into the 16th Virginia Infantry Regiment, Company D., which was also known as the "Isle of Wight Rifle Grays' ;and, WHEREAS, a seventh Roberts Brother -Stephen W. Roberts.- had joined a North Carolina Infantry unit somewhat earlier; and, WHEREAS, six of the Roberts Brothers, at different times during the Civil War, were wounded once or more, some were captured and later exchanged, and three surrendered at Appomattox Courthouse on April. 9, 1865; and, WHEREAS, all seven of the Roberts Brothers returned home to the Windsor area after the Civil War, became married, raised families, and became responsible citizens of the community, as farmers, .tradesmen, merchants, and businessmen, as well as taking active role in local, political, and religious affairs; and, WHEREAS, four of the seven Roberts Brothers are buried in the Windsor cemetery along with members of their families; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight wishes to recognize the seven Roberts Brothers and express their support of efforts by others to effectuate the establishment of a roadside monument to commemorate the lives and efforts of the seven Roberts Brothers. THEREFORE, IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight recognizes the unique place in history that the seven Roberts Brothers hold and encourages and supports the establishment of a permanent roadside monument to memorialize the lives of the-seven Roberts Brothers. BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to John Daniel Roberts, Sr., great-great grandson of Benjamin M. and Mary Ann Wright Roberts and great grandson of Nathaniel Cornelius Roberts. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and 17 eooa . ~8 rp~f 23 Spady voting in favor of the motion; none voting against. I/ Chairman Claud called for New Business. There was no new business offered for discussion by the Board. // Chairman Claud called for Appointments. Supervisor Bradshaw moved the Board reappoint Chairman Robert C. Claud, Sr. to the Executive Committee of the Hampton Roads Planning District Commission for an additional two-year term which will expire in June of 2000. The .motion was adopted unanimously (5-0). 1 Supervisor Bradshaw moved the Board reappoint Lee W. Smith, Sr. to the. Paul D. Camp Community College Board for an additional four-year term which .will expire in June of 2002. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Arlene Dragseth to serve on the Board of Directors of Senior Services of Southeastern Virginia. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board appoint David F. Bugin to the Board of Building Appeals representing the Newport District for afive-year term which will expire in June of 2003. The. motion was adopted unanimously (S-0). Chairman Claud moved the Board reappoint Ruby W. Thompson to the Social Services Board representing the Windsor District for an additional four- year. term which will expire in June of 2002: The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board reappoint Ronald H. Pack. to the Sports Authority of Hampton Roads for an additional four-year term with will expire in June of 2002. The motion was adopted unanimously (5-0). 1 Supervisor Bradshaw noted W. B. Owen has already -served two (2) consecutive terms on the Social Services Board and requested Mr. Robertson look into the matter and provide a recommendation. Supervisor Bradby moved the Board appoint Rod Collins to the Board of Building Appeals to fill the unexpired term. of Stanley Turner representing the Hardy District which will expire in February of 2000. The motion was adopted unanimously (5-0). 18 BOOK ~OrA~!' ~~ Supervisor Bradby moved the Board reappoint David Hardy on the Industrial Development .Authority representing the Hardy District for an additional four-year term which will expire in April of 2002. The motion was adopted unanimously (5-0). // Chairman Claud called for the County Attorney's report. County Attorney Crook presented a deed and closing statement for the Stave Mill Road Convenience Center site for the Board's consideration. Supervisor Bradshaw moved the Board approve the deed and property closing statement. The motion was adopted as follows; Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. County Attorney Crook informed the Board that he received today a copy of the Franklin/Southampton Revenue Sharing Agreement which must be reviewed by other neighboring localities and relevant comments submitted to the Commission on Local Government. After reviewing the Agreement, he will provide the Board with comments and a copy of the agreement for its information, stated County Attorney Crook. County Attorney Crook noted he would have two (2) matters for executive session later in the meeting. // Chairman Claud called for a public hearing on the following: An Ordinance to Impose Tax Levies for Isle of Wight County, Virginia for Fiscal Year July 1, 1998 through June 30, 1999 County Attorney Crook stated the above is an Ordinance to adopt the tax rate levies which has been properly published for public hearing at the existing rates which means the Board can not raise the rates above those advertised, but could lower the rates. The Board must wait fourteen (14) days after the public .hearing tonight before adopting the proposed tax rate levies. Supervisor Cofer moved the Board table action on the matter to the Board's June 29, 1998 meeting: The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor. of the motion; none voting against. it County Attorney Crook requested an executive session under Section 2.1- I 344 Al of the Freedom of Information Act concerning two (2) personnel matters 19 BoQ~ ~8 ~~~~ 25 and under ,Section 2.1-344 A7 concerning advice of counsel on contract negotiations later in the meeting. 1 County Administrator Casket' requested an executive session under Section 2.1-344 Al of the Freedom of Information Act concerning two (2) personnel matters and under Section 2.1-344 A3 concerning the acquisition of property for public use.. Supervisor Spady requested an executive session under Section 2.1-344 A7 concerning advice of counsel on legal matters requiring legal advice. Ms. Harris requested an executive session- under Section 2.1-344 A3 concerning acquisition and/or use of property for public use and under Section 2.1-344 A7 concerning advice of counsel on legal matters requiring legal advice. Supervisor Bradshaw moved the Board enter executive session for the reasons stated.. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 1 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.IA ofthe Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted. in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to thebest 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. 1 AYES: Claud, Cofer, Bradby, Bradshaw and Spady NAYS: 0 ABSENT DURING VOTE: 0 20 aooK 18 r~~r 26 ABSENT DURING MEETING: 0 The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board direct County staff pursue the Community Development Block Grant, as presented. The motion was adopted - as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board direct County staff and the County Attorney to work on pursuing the additional funding from the Community Electric Cooperative. The motion was adopted as follows: Claud, Cofer, Bradby, Bradshaw and Spady voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board direct the County Attorney work with the State agency on resolving a Deed of Sale for the Burdette Road trash collection site. The motion was adopted as follows: Claud, Cofer, Bradby, . Bradshaw and Spady voting in favor of the motion; none voting against. // At 5:50 p.m., Supervisor Bradshaw moved the Board adjourn. The motion was adopted unanimously (5-0). -. Robert C. Claud, Sr., Chairman 21 1 J