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10-21-1999 Regular Meeting~o~~~ 1~ .:: c<31 REGULAR MEETING OF THE ISLE OF WIGHT. COUNTY BOARD. OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT: O. A. Spady, Chairman i~ Henry H. Bradby Phillip A. Bradshaw Robert C. Claud, Sr. ABSENT: Malcolm T. Cofer, Vice Chairman Also Attending. H. Woodrow Crook, Jr., County Attorney Donald T. Robertson, Assistant to the County AdministratorlDirector of Human Resources Carey H. Mills, Recording Secretary Chairman Spady called the meeting to order at 2:00 p.m. and delivered the invocation. The Pledge of Allegiance was conducted. // 1 Chairman Spady indicated the following Consent Agenda included Items 1, A and B, and asked if there were any items for removal: Delinquent Real Estate Tax Collection Monthly Report September 21, 1999 Regular Meeting Minutes Supervisor Claud moved the Board .adopt all items of the Consent Agenda. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Chairman Spady called forTransportation Matters 1 Jonathan W. Hartley, Director of Planning and Zoning, noted that Blue Ride Trail, Tomlin Hill Road and Great Springs Road, damaged during Hurricane Floyd, have not yet been. repaired by VDOT. Mr. Hartley stated that VDOT has advised that Orbit Road and North Court Street have been repaired. Supers-isor Claud stated that. a letter was forwardc;d to VDOT regarding the County's support of having F,cho lake repaired and restored to its original condition. Chairman Spady requested the Director of Planning and Zoning set up a meeting with VDOT on site at Kings Cove to discuss what can be done to prevent the road from flooding during Noreasters. Chairman Spady further requested Mr. Hartley advise him of the meeting date so that he can be present. // Chairman Spady called for Citizens Comments. Reverend James Ashby, Franklin Church of God, requested the Board waive a $769.70 water bill which he contended was .not correct, i.e., the church had not used that much water. Chairman Spady requested staff investigate the matter and report back to the Board. !/ Chairman Spady called for the Community Development report. There was no report offered for discussion by the Board. // Chairman Spady called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities,. stated an application is sent to the FAA for all building and construction of elevated water tanks. He stated further the. FAA is now recommending that all elevated structures have -red lights on the top, white flashing lights around the side and that the .tank be painted an orange .and white checkered pattern. Mr. Rountree stated he recommends the installation. of the red light on the top which. would. only burn at night. and the white lights around. the side which would only burn during the day. Supervisor Bradshaw moved the Board accept the Director of Public Utilities. recommendation to install white lights around the side of the tank which. would burn during daylight hours and a red light at the top of the tank which would burn only at night. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Chairman Spady called for the County Administrator's report. 1 2 ~~,~ ~~ , _.53.3 In the absence of County Administrator Douglas Caskey, Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, explained that the HOME Program deals with .the acquisition of homes for f rst time homebuyers. He stated the information contained in the agenda references a notice received from the State office of HUD advising that these funds can be redirected to address situations that may have arisen from the recent storms, specifically Hurricane Floyd. He noted the Board previously committed the County's funding. for the HOME Program to the CDBG project in the Camptown/Jamestown area. He stated should the Board wish to proceed with redirecting funds, staff would recommend that the Board not redirect those funds. that have already been committed. He stated there is approximately $75,000 available to address those issues that. have occurred as a result of the storm. Mr. Robertson stated this item is for the Board's information... Chairman Spady thanked Mr. Robertson for his report and proceeded with the County Administrator's report. Mr. Robertson presented the Senior Services of Southeastern Virginia (SEVAMP) FY00 Agreement.. He noted all revisions suggested by the Count}' Attorney were approved and incorporated in the agreement by SEVAMP. Supervisor Claud moved the Board adopt the Agreement. The motion ~~as adopted «-ith Supervisors Bradby, Spady, Bradshaw .and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Superti-isor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIXTY THOUSAND SEVEN HUNDRED FORTY SEVEN DOLLARS FROM THE UNITED STATES DEPARTMENT OF EDUCATION VVI-iEREAS, the School Board of the County of Isle of Wight has received grant funds from the United States Department of Education for various grant projects; and, WHEREAS, funds in the amount of sixty thousand seven hundred forty seven dollars ($60,747) need to be appropriated to the following grant line items in the 1999-00 School Operating Budget of the County of Isle of Wight, Virginia: Preschool Incentive 98-99 Title I Title IV Educational Interpreter $ 4,898.32 50,065.83 5,015.28 767.48 60 746 3 H^^r. 1~ ~,;~. ~34 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that sixty thousand seven hundred forty seven. dollars ($60,747) be appropriated to the appropriate school grant line items in the 1999-00 Operating 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 with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting. against. the motion. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIFTY THOUSAND DOLLARS FROM. THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR LOAN PURPOSES TO THE WESTERN TIDEWATER WATER AUTHORITY .WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia agrees and authorizes an interest free loan of fifty thousand dollars .($50,000) to the Western Tidewater Water Authority to assist in funding interim operation costs .with flexible repayment terms to be made when available funding is sufficient per the discretion of the Western .Tidewater Water Authority; and, WHERAS, the funds in the amount of fifty thousand. dollars ($50,000) need to be appropriated for a loan to the Western Tidewater Water Authority. from the Unappropriated Fund Balance of the General Fund to the 1999-00 Operating 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 thousand dollars ($50,000) .from the Unappropriated Fund Balance of the General Fund be appropriated to the .1999-00 Operating 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 with Supervisors Bradby, .Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 4 ~~~~~ 1~ :x:.:53 ii Chairman Spady called for Old Business. 1 There was no Old Business offered for discussion by the Board. // Chairman Spady called for New Business. ' There was no New Business offered for discussion by the Board. i/ Chairman Spady called for Appointments. Chairman Spady moved the Board appoint Pam Glanville to represent the Ne«port District on the Events Committee. The motion was adopted with Supervisors. Spady, Bradby, Bradshaw and. Claud voting in favor of the motion (=I-0) and no Supervisors voting against the motion.. // 1 Chairman Spady called for the County Attorney's report. County Attorney Crook presented .the contract for the construction of the water tower in the Northern Development Service District which contains his revisions and which he recommends the Board approve and authorize the Chairman to sign on behalf of the County. Supervisor Bradby moved the Board approve .the contract with J. Sanders Construction Company for the water tower in the Northern Development Service District and authorize the Chairman to sign it on behalf of the County. The motion «ras adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0} and no Supervisors voting against the motion. // County Attorney Crook requested a closed session under Section 2.l - 344 A3 of the Freedom of Information Act for advice of counsel and staff concerning four (4) items involving acquisition of property where public disclosure could jeopardize the negotiations for the contracts for these properties; under Section 2.l -344 A7 concerning two (2) .items dealing with. contract negotiations for advice of counsel and under Section 2.1-344 A7 concerning a matter of potential litigation which requires advice ofcounsel. S 9~~r 1~ -,..:536 Supervisor .Bradshaw requested a closed session under Section 2.1- 344 Al of the Freedom of Information Act concerning a personnel. matter. Mr. Rountree requested. a closed session under Section 2.1-344 Al of the Freedom of Information Act concerning a personnel matter. Mr. Robertson requested a closed session under Section 2.1-344 AI of the Freedom of Information Act concerning three (3) personnel matters. Supervisor Claud moved he Board enter closed session for the reasons stated. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Upon returning to open session, .Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the. provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1 A of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradby, Spady, Bradshaw and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Cofer 6 posh 1~3 -~~:637 The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // 1 Chairman Spady moved the Board conduct the public hearings. The motion was. adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Chairman Spady called for a public hearing on the following: Proposed FY2000-2004 Capital Improvement Program (CIP) Mr. Hartley presented the proposed FY2004-2004 Capital Improvement Program (CIP) in the total amount of $4,147,331 which was prepared by a subcommittee of the Planning Commission. He stated the Planning Commission recommends it to the Board for adoption. Chairman Spady called for persons to speak in favor of or in opposition to the CIP. 1 Nancy Cutchin of Windsor requested the Board vote in favor of the .allocation of funds to make the necessary improvements to the old Windsor Elementary School structure so that the students attending can learn in a safe environment. Angela Stepp of Fire Tower Road requested the Board approve the CIP for the improvements at the old Windsor Elementary School to make it a safe environment for the children to learn. Mary Piland of Windsor requested the Board approve the $ l .5 million stabilization of the old Windsor Elementary School so that all students can be educated in a safe environment. Betty McDaniel of Fire Tower Road spoke in support of the CIP for renovations to the old Windsor Elementary School. '~ Robin Land of Longview Acres addressed the $1.5 million renovation of the old Windsor Elementary School. She noted that only $500,000 of the $1.5 million is earmarked for structural improvement with the remaining $1 million earmarked for internal upgrades, such as technology. She stated the new Windsor Elementary School's population currently has a capacity for 750 students, but currently has only 522 students, leaving space for a rezoning to occur of 50 to 60 students from Hardy Elementary School and Carrollton Elementary School which would help relieve overcrowded 90~~l1 ~`/ ~tiv. 4~JV conditions. She stated this will also allow ample time to determine where school enrollment will grow and how fast to accommodate this growth. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Bradby .stated he has a concern with approving the: $t.5 million dollars for the renovation to the old Windsor Elementary School. He stated there are 228 vacant seats at the new Windsor Elementary School and he is concerned with approving this kind of funding when there is a serious overcrowding: problem in the. northern end of the County. Chairman Spady stated he is in favor of $1.5 million dollars to renovate the old Windsor Elementary School because the funds to stabilize the building should have been appropriated long ago. ..Supervisor .Claud moved the Board adopt the Capital .Improvements Program, as presented. The motion was adopted with Supervisors Spady, Bradshaw and .Claud voting in favor of the motion (3-1) and Supervisor Bradby voting against the motion. Chairman Spady called for a public hearing on the following: Proposed FY1999-2000 Capital Budget Ms. Seward stated before the Board. is the proposed FY1999-2000 Capital Budget in the amount of $4,1 ?2,331 which. has been properly advertised. Chairman Spady called for persons to speak in favor of or in opposition to the proposed Capital Budget. Upon no one appearing, Chairman Spady closed the public .hearing and called for comments from the Board. Supervisor Bradshaw moved the Board adopt the Capital Budget. for FY1999-2000. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Chairman Spady called for a public. hearing on the following: The app~ication of Donna N. Jones for a change in .zoning classification from Rural Agricultural Conservation to Conditional Rural Residential, .approximately one (1) acre of land located on the .east side of Colosse Road (Route 641) at its intersection with Avis Drive (Route 688) in Windsor Magisterial District. The purpose of the application is tier one (1) single family dwelling lot. n 8 Chairman Spady called for persons to speak in favor of or in opposition to the application. Gerald Sly stated his home was recently flooded due to Hurricane.. Floyd and he is requesting the Board's permission to build another home. for his family. County Attorney Crook stated he explained to the Planning Commission and Ms. Jones that the application should be conditional residential zoning rather than straight residential zoning and that -the conditions be proffered in writing, which Ms. Jones has done, so the conditions can be enforceable. He stated the Planning Commission's recommendation was conditional residential zoning and that the written proffers be adopted as a condition of that zoning. Chairman Spady closed the public hearing and called for comments from the Board Supervisor Bradshaw moved the Board approve the application of Donna N. Jones for a Conditional Residential zoning and that the written proffers be a condition of this zoning. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the- motion. Chairman Spady called for a public hearing on the following: The application of Thurston D. Woolard for a Conditional Use Permit to locate a family member mobile home at 14206 Woolard Lane, Carrollton, in the Newport Magisterial District. Tax Parcel No. 33-07- 002. .Chairman Spady called for persons to speak in .favor of or in opposition to the application. Thurston Woolard requested the Board approve the application to allow his son to place a trailer on his land. Chairman Spady closed the public hearing and called. for comments from the Board. Chairman Spady moved the Board approve the application of Thurston D. Woolard, as .conditioned that his son will be the only occupant of the mobile home. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and. no Supervisors voting against the motion. // 9 9~~~ 1~ - ~.: 640 Supervisor Claud moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Supervisor .Bradshaw moved the Board direct the County Administrator and appropriate staff to review the Planning Commission's recommendation on the FY2000-2004 Capital Improvements Program and provide the Board with a means of implementation. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // County Attorney Crook requested a closed session under Section 2.1- 344 A7 of the Freedom of Information Act to discuss a legal matter requiring advice of counsel in closed session. Mr. Rountree requested a closed session under Section 2.1-344 Al of the Freedom of Information Act concerning consultation with staff and legal counsel concerning a personnel matter. Supervisor Bradshaw moved .the Board enter closed session for the reasons stated.. The motion was adopted with Supervisors .Bradby, .Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Upon returning to open session, Chairman Spady moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board. of .Supervisors has convened a .closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1 A of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting: was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only .public business .matters lawfully exempted.. from open meeting requirements by Virginia law were discussed in the closed meeting to which this .certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the. closed meeting were heard, discussed or considered by the Board of Supervisors. 10 VOTE AYES: Bradby, Spady, Bradshaw and Claud. 1 NAYS: 0 ABSENT DURING VOTE:. 0 ABSENT DURING MEETING: Cofer The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the. motion (4-0) and no Supervisors voting against the motion. // Chairman Spady moved the Board authorize the Director of Public Utilities to hire a part-time Construction Manager. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board authorize the Director of Public Utilities to make a monetary adjustment for the Church of God for six (6) months water fee. The motion was adopted with Supervisors Bradby, Spady, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. !/ Pete Green informed the Board of an incident which occurred on MiII Creek Road in which he was solicited for sex. He explained that solicitation of sex is not a violation of the law in the County unless a person threatens., exposes or asks for money in exchange for sex. He requested the Board review the County Code and draft appropriate language to address situations such as these. :~~ ~:l 5 p.m., Chairman Spady moved the Board adjourn. The motion n JC.~- ~ o. A. y, Chair - - ~.. ~ , ~~ ~~ ,.+ _.~ ~ -