Loading...
03-16-2000 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF MARCH IN THE YEAR TWO THOUSAND PRESENT: Phillip. A. Bradshaw, Chairman Henry H. Bradby, Vice-Chairman Robert C. Claud, Sr. Stan D. Clark Richard K. MacManus Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Claud. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for Special Presentations.. Chairman Bradshaw acknowledged the presence of Local Girl Scout Troop #686 anal presented them with a resolution adopted by the Board at its March 2, 2000 meeting in recognition of National Girl Scout Week. The Girl Scout Troop. led those present in the Pledge of Allegiance. Kevin Duck, President of the Carrsville Volunteer Fire Department, updated the Board on the recent activities of that organization. He stated there are currently forty (40) members in the senior department and ten (10) in the junior department. He stated last year aver l80 calls were run. I-Ie advised the generator project should be complete by the end of this week .which will provide power for the well and the station in the event of an emergency. He stated he has been approached by members of the community, as well as the Director of Emergency Management, regarding the possibility of not only adding the two (2) bays, but also providing additional space to have an evacuation center in the south end of the County should another emergency occur such as with Hurricane Flayd. He stated that while he concurs with this idea, he does not want this to interfere with the bay additions. He stated included in the upcoming 2000-2001 capital. improvement year is the purchase of a new ladder truck and he requested assistance from County staff' in filling out the necessary paperwork.. Ile stated FEMA has reimbursed the Department approximately $14,000 for expenses incurred during Hurricane Floyd, however, the .Department only 80r~r. 1~ -;:-:~~.:10 received approximately $4,000 because approximately $5,300 of the funds were used to replace a motor in a tanker that went out unexpectedly. He requested the Board appropriate $5,300 for the motor replacement which would allow the Department to pay down debt on the hydraulic equipment used to extract individuals trapped in cars. Chairman Bradshaw moved the Board approve the request to appropriate $5,300 from the Capital Contingency fund for the purpose of replacing the noted truck engine. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Kirsten S. Ericksen, Executive Director, Big Brothers Big Sisters of the Peninsula, Inc.,' addressed the Board on the offering of a school program for the youth in the County. Supervisor MacManus moved that Ms. Ericksen address the School Board regarding her request and that the School Board, in turn, advise the Board on their recommendation. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Clark moved the Board amend the regular order of the agenda in order to hear Item 4, Citizens Comments. The motion was adopted unanimously (5-0): Chairman Bradshaw called for Citizens Comments. Stella Bradshaw requested the Board carefully consider the appointments to the School Board. Mike Alexander of O.'Meara Drive spoke in opposition to the proposal of the .developer of the Norsworthy tract to widen the roadway through Edgewood Estates.. Approximately 35-40 individuals stood in support on Mr. Alexander's comments to the Board. Mr. Alexander cited concerns with .increased traffic, decreased property values, the impact on existing wetlands, the presence of the Red Cockaded Woodpecker and the cost of the median that must be modified to accommodate the increase in traffic flow. Mr. Hartley informed those present that the developer of .the Norsworthy tract had submitted a zoning boundary plat,. master. plan sheet, traffic impact study, water quality impact assessment and a plotting. plan. He stated staff is attempting to resolve the zoning issues at this time. He stated staff would be placing a notice in the newspapers advising that this project has been submitted and soliciting: citizens' concerns and comments. 2 ~~,~~;- ~.~ .. x.11 County Attorney Crook stated under the agreement he believes the .County is in a good position because it is up to .the County. to approve the connections to the public roads. He advised the Board does have some authority to disapprove the developer's proposed connection to O'Meara Drive. Chairman Bradshaw requested the Director of Planning and Zoning to provide the Board with a summary of written issues and options for presentation to interested citizens. // At 7:00 p.m., Supervisor Claud moved the Board amend the regular 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: Receive Views of Citizens and Nominations for Appointment of the School Board Member for the Carrsville .Election District to the School Board of Isle of Wight County, Virginia, for the Term of Four Years to Begin July 1, 2000. Supervisor MacManus requested that each nominee fill out a list of questions and submit a resume by next Wednesday to the County Administrator's office. He requested that nominees not be nominated by more than three (3) individuals. Supervisor MacManus moved the Board accept ..the .procedure discussed by the Board for selection of School Board members. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook stated that the public. notice for this meeting has been properly advertised in the newspaper, in accordance with the statutes and is legal and proper. He stated an issue was raised on whether the County had to publish the notice for the public hearing four (4) times and whether this must be done within sixty (60) days prior to July 1, 2000. He explained that, at one time, the County had a selection commission that made School Board appointments which was appointed by the Circuit Court Judge, but because there was not any publicity attendant to that commission, when they met they had to publish the notice four. (4) times and .such publication must be done sixty (60) days before July 1St. He stated the County previously held a referendum which vested the appointment of the School Board members in the Board of Supervisors.. He stated Statute 22.1- 44 provides that the governing body will make the appointment by a majority .vote and Statute 22.1-29.1 provides that there be a public .hearing 3 a~~N, ~.~ -, :112 and the. appointment not be made until seven (?) days following the public hearing. He stated the. public notice had to be ten (10) days... before the public hearing .and no nominee or applicant whose name has not been. considered at the public hearing shall be appointed as a School Board ,member. He stated an applicant .can apply and does not have to be nominated at the public hearing. He stated the Board has advertised for the Carrsville .School Board member and two (2) at-large members and he would suggest that the at-large members be done one (1) at a time because it requires a majority, not a plurality, vote. Gene .Crabtree nominated Dr. Richard Peerey. Approximately. 15-20 people stood in the audience in support of the nomination. Chairman Bradshaw closed the public hearing. Chairman Bradshaw called for a public hearing on the following: Receive Views of Citizens and Nominations for Appointment of Two . At-Large School Board Members for Term of Office to Begin Upon Appointment and to End June 30, 2001 County Attorney Crook stated in view of the imminent redistricting - and the creation of seven (7) election districts-with seven (7) members on the Board of Supervisors which would require the same number of .representatives on the School Board, the Board of Supervisors chose to consider the appointment of two (2) at-large members now for one (1) year. Alan Bradby nominated Herb DeGroft, He stated Mr. DeGroft has past experience as a former School Board member with a strong interest in the education of the County's children. Delores Cahoon nominated Sarah Gilliam. She stated Ms. Gilliam has a keen ,interest in education in the County.. She stated she is a pharmacist ' and an attorney who likes to fish. and garden. She stated Ms. Gilliam is interested in the continuance- of what the School Board has done for the education in the County to date. Fred Glanville nominated Barbara Olin.. He stated Ms. Olin has served as President of the Carrollton Elementary School PTA for two (2) years. Under her leadership, the PTA purchased playground equipment when the money was not allocated. When the music program was dropped due to .lack of funds, Ms. Olin chaired a committee ,that began an after- school music program. Ms. Olin also initiated an after-school enrichment program which exposed children to art, music, dance, foreign language, world geography and physical fitness. Ms. Olin initiated the AT&T learning points program to supplement the purchase of computer software. Ms. Olin. has been Treasurer of the Isle of Wight PTA Council, Education .Chairperson for the Isle of Wight PTA. Council, member of the Isle of Wight 1 4 1 School's Special Education Advisory Board, and delegate to the Virginia State PTA Convention for the. past three (3) years. Ms. Olin has been a classroom volunteer for the past eleven (11) years and is currently working as a substitute teacher. Ms. Olin is Chairperson of the Finance. Committee at Christ Church, a lay reader and a Sunday school teacher. Ms. Olin is a member of the first graduating class of the Isle of Wight Leadership Class and now holds the office of President of the Alumni Association. Ms. Olin is a graduate of Virginia Tech with a Bachelor of Science Degree in Business Management. Rebecca Savino read a letter from William C. Johnston who nominated Herb DeGroft, a past .School Board member who has stayed involved in educational issues. Rebecca Savino nominated Robin Land. She stated both Mr. DeGrof} and Ms. Land were well qualified and she supports both candidates for at- large members on the School Board. Mary Nancy Saunders nominated Barbara Olin. She stated she has .worked with Ms. Olin for five (S) years on the PTA Board. Ms. Olin has a willingness to listen to new ideas. Ms. Olin possesses organizational skills and has an interest in children in the County who receive special education services. 1 Rebecca Mercer nominated .Dale F. Fehd. Mr. Fehd is actively involved in the PTA, the band and his children's' sports activities. Mr. Fehd is also a trustee for his church. Mr. Fehd currently owns .his. own business and is a retired Air Force officer. Thomas Finderson nominated Robin Land. Mrs. Land is Treasurer for Cub Scout Pack #7 and has served as Den leader for two (2) years. Mrs. Land is President of the Carrollton Elementary School PTA and attends School Board meetings regularly. Parenting classes for the parents of disruptive or suspended students, House Bill # 1147, .sponsored by Delegate Barlow, is Mrs. Land's .idea. Mrs. Land is active in her community and public spirited. Mrs. Land is a member of Benns United Methodist Church and the. Isle of Wight Citizens Association. Mrs. Land is a graduate of Old Dominion .University with a Bachelor of Science Degree in Business Administration with a concentration in Management Information Systems. 1 Ann Glanville nominated Robin Land. Mrs. Land has been her sons' Scout leader and has been a positive influence on her sons and other boys in the Scouts. Mrs. Land has demonstrated exemplary leadership skills and has a strong compassion for the community. She demonstrates values that are important in keeping the family link strong. Cory Glanville, Ann Glanville's son, spoke on behalf of Mrs. Land. 5 g~~r.. 1.~3 .' 114 Susan Baker nominated Joan C. (Joni) Griffin. Mrs. ~ Griffin is a graduate of The National Business College. Mrs. Griffin has been active in the PTA for over twenty-one (21) years and currently is the President of the. PTA for the Windsor High School. Mrs. Griffin is active in her church and served as President of the Isle of Wight Civic Club Council. Mrs. Griffin is a member of the Board of Directors for the Harrison Academy of Learning. Mrs. Griffin has an Associates Degree in Business Administration. Susanne Barbour nominated Wesley Barbour. County Administrator Caskey read a letter received via facsimile in his office today from Evelyn Chandler and Jean V. Helms nominating Herb DeGroft; a letter from Andrew M. Casey nominating Herb DeGroft; and, a letter. from Sarah Gilliam acknowledging her willingness to serve. Supervisor Clark moved the Board include the letters read by the County Administrator from Evelyn Chandler, Jean V. Helms, Andrew Casey and Sarah .Gilliam as part of the minutes. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor. of the motion (S-0) and no Supervisor voting against the motion, Chairman Bradshaw closed the public hearing. He stated the Board. would take action at its April 6, 2000 meeting at 2:00 p.m. on the two (2) at- large School Board members .and the Carrsville Election District School Board member. // Supervisor Bradby moved the Board take a five (5) minute recess. The motion was. adopted unanimously (5-0). // Chairman Bradshaw called for a public hearing on the following: The application of Roy C. bunkum, Jr. and Roy bunkum, III for a Conditional Use Permit to continue the occupancy of a mobile home by Roy bunkum, III at 13386 Track Lane, Smithfield, in Hardy Magisterial District, for two (2) additional years. Chairman Bradshaw called for persons to speak. in favor of or in opposition to the application. Roy bunkum requested the Board approve his application. Chairman Bradshaw closed the public hearing and called for comments from the Board. 6 g~ct ~ ~.~; ,,.:115 Supervisor Bradby moved the Board approve the application of Roy C. Dunkum, Jr. and Roy Dunkum, III. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the fallowing: ~_ The application of Russell B. & John R. Rose for a change in zoning classification from RAC. to Conditional Rural Residential, approximately 5.5 acres of land located on the west side of Bows and Arrows Road (Rt. 641) between Pear Tree Road (Rt. 642) and W. Blackwater Road (Rt. 603) in Windsor Magisterial District. The purpose of the application is for one (1)single-family residential lot. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. .Russell B. Rose requested the Board approve the application. Mr Rose stated he offers a cash proffer of $1,800 to create the lot. Chairman Bradshaw closed the public .hearing and called for comments from the Board. 1 Chairman Bradshaw moved the Board approve the application of Russell B. and John R. Rose. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of the. Sarah S. Copeland. Estate for a change in zoning classification from NC-Residential General. to Rural Agricultural Conservation, lot #13 of the Jamestown Subdivision; which is located on Washington Ave., Franklin, in Windsor Magisterial District. The purpose of the application is to provide zoning for the location of a mobile home. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application Venessa Milton, niece of Sarah Copeland, requested the Board approve the application. CI Chairman .Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw moved the Board approve the application of the Sarah S. Copeland Estate. The motion was adopted with Supervisors 7 e.,~~ 1~ -116 MacManus, Bradby, Bradshaw, Clark and Claud voting infavor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: An application for a special permit to hold a Music and Entertainment Festival for the Genieve Shelter on Saturday, April. 8, 2000 from noon until 6:00 p.m. at the FFA/FHA .Center. located at 18493 Morgarts Beach Road, Smithfield, in Hardy Magisterial District. Chairman .Bradshaw called for persons to speak in favor of or in opposition to the proposed application. David Moose distributed .flyers. pertaining to the proposed event. He stated there is no charge to attend and entertainment will be provided. Chairman Bradshaw closed the public hearing and called for comments from-the Board. Supervisor Claud moved the Board approve the application to hold a Music and Entertainment Festival for the Genieve Shelter. The motion was adopted with Supervisors lylacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. J/ Supervisor Fsradby moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the continuation of Citizens Comments. Richard Cassell of King's Cove Way spoke concerning safety concerns regarding the .dangerous intersection at King's Cove Way and Route 17 at the RacTrac gas station. He stated the RacTrac is advertising the cheapest gas rates in town which will increase the traffic significantly. Chairman Bradshaw requested that Mr. Hartley provide the Board with an update at its next meeting regarding the installation of a turn lane at the. RacTrac location and the lack of visibility at the intersection. Mr. Hartley advised the Board and Mr. Cassell that this item has been included as an item in he Preallocation Resolution requesting VDOT to .study and make improvements to that intersection. 8 Pat Clark addressed the Board concerning his opposition to the proposal of the developer of the Norsworthy tract to widen the roadway through Edgewood Estates, using O'Meara Drive. He also notified the Board of a "Let's Talk High Density Growth Impact on County Wetlands" program scheduled for Monday, March 27, 2000 at 7:00 p.m. at the Carrollton Elementary School. He further notified the Board that Cock & Bull Lane had been washed out during Hurricane Floyd. Joanne Gardner .spoke against the proposal of the developer of the Norsworthy tract to widen the roadway through Edgewood Estates (O'Meara Drive). She also noted two (2) months ago she observed heavy equipment being moved onto the site. She distributed pictures of damage done showing debris that had been pushed into the ravine. She noted the required 100 foot buffer for tidal wetlands under the Chesapeake Bay Preservation Act had been violated and she requested that the developer be fined and a cease order placed. She noted a concern with the potential for the destruction of wildlife as there have. been several reports of endangered species living in the area. She requested that the developer be required to have a performance bond. Mr. Hartley stated he inspected the. area after receiving a complaint from Ms. Gardner. At that time, the County's Code Enforcement Officer did not see any of that kind of activity and upon receiving an additional call from Ms. Gardner, he visited the site on two (2) separate occasions. I-ie stated he will be visiting the site tomorrow in conjunction with representatives from the Corps of Engineers. He stated if the Corps of Engineers confirm his suspicions tomorrow, he will be sending the property owner a letter advising him not to discontinue with any kind of land disturbing activities in the RPA without submitting plans first to his office. Chairman Bradshaw requested Mr. Hartley to report to the Board on his findings concerning any violations to the County's ordinance when he next visits the site. Thomas Finderson spoke against the proposal of the developer of the Norsworthy tract to widen the roadway through Edgewood Estates (O'Meara Drive). He stated he had witnessed heavy equipment on the property and has been notified by several witnesses that clearing is occurring on the property. He stated the damage has been substantial in the ravines so as to dry them out. He stated that the .Red Cockaded Woodpecker, which is extremely rare in Virginia, has been identified by many residents as inhabiting that-area and the developer has impacted and destroyed the food supply far these. woodpeckers. Regarding Sugar Hill Road and the entrance at Norsworthy, he does .not believe there is sufficient access and he would request that the Director of Planning and Zoning review the developer's survey to ensure that they do have the required access width. 9 gnn~ 1~ ~;:::~ 118 Julia Brooks spoke against the proposal of the .developer of the Norsworthy tract to widen the roadway through Edgewood Estates (Q'Meara Drive). She stated she had witnessed the heavy equipment being. unloaded on the property. She stated the developer has claimed that he is removing dead and diseased trees; however, there are hundreds of trees being removed and the ravines have been clearcut 300 feet without any silt fencing or permits from the Corps of Engineers or the County. She. expressed concern with the proposed. growth in Carrollton and the impact it will have on the animals and birds.. She also noted a concern with- density and safety with the proposed development. She requested that .the County require the .developers to meet environmental guidelines and that County ordinances be followed. She also. requested that the Board approve only top quality developments containing larger lot sizes,. sidewalks, streetlights, community centers and safe play areas for the children. John Springfield spoke against the proposal of the developer of the Norsworthy tract to widen the roadway through Edgewood Estates (O'Meara Drive). He expressed concerns with children's' safety during play, the intersection at Route 17 and the condition of Route 17 which will require improvements. He stated the County must consider who will be responsible for widening the road, the curbing of the road, and .the installation of necessary safety features. He further noted there would be a lifestyle change for the surrounding residents of the neighborhood. He expressed a concern with the density of the housing and a project which was zoned 26 years ago without a reasonable amount of compensation for the County's infrastructure. He requested the .Board consider discussions tonight about. what options the County has in regards to slowing the project development rate. Tom Walters .spoke against. the proposal of the developer of the Norsworthy tractto widen the roadway through Edgewood Estates (O'Meara Drive). Herequested the Board take a stand to protect this family-oriented neighborhood from large amounts of traffic passing through it. Diane Pond requested .the Board work with the developer of the Norsworthy tract .during the process and negotiate items such as fiber-optics. and high-speed data transmission. Josie Paul spoke .against the proposal of the developer of the Norsworthy tract to widen the .roadway through Edgewood Estates (O'Meara Drive). She attested to heavy equipment on the property and the destruction of trees. She stated the property is a home for bald eagles and water stands at the end of the property after a rainfall. // Chairman Bradshaw indicated the. following Consent Agenda included Item 2, A through C, and asked if there were any items for removal: 1 1 1 10 A. Resolution of .County Priorities for the 2000 Preallocation Hearing for Interstate, .Primary and Urban Funding by the Commonwealth Transportation Board and the Virginia Department of Transportation 1 B. Delinquent Real Estate Tax Collection Monthly Report C. February 17, 2000 Regular Meeting Minutes .Supervisor Claud moved the Board move Item A, Resolution of County Priorities for the 2000 Preallocation Hearing for Interstate, Primary and Urban Funding by the Commonwealth Transportation Board and the Virginia Department of Transportation to the Transportation Matters section of the .agenda for consideration by the Board. The motion was adopted unanimously (5-0). Supervisor Claud moved that the February 5, 2000 Continued Meeting Minutes be added to the Consent Agenda.. The motion was adopted unanimously (5-0). 1 Supervisor Claud moved the .Board adopt alI items. of the Consent. Agenda, as amended. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. /! Chairman Bradshaw called for Transportation Matters. Mr. Hartley presented a Resolution of County Priorities for the 2000 Preallocation. Hearing for Interstate, Primary and Urban Funding by the Commonwealth Transportation Board and the Virginia Department of Transportation for the Board's consideration. Supervisor Claud moved the Board adopt the following resolution. and that it be forwarded to the appropriate individuals for consideration when the Preallocation Hearing is rescheduled: 1 RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, FOR THE 2000 COMMONWEALTH TRANSPORTATION BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING WHEREAS, the Commonwealth Transportation Board and the Virginia Department of Transportation will conduct a preallocation hearing for interstate, primary,. and urban system transportation improvements in the Suffolk District on Apri16, 2000; and, WHEREAS, Isle of Wight County, Virginia, wishes to make specific recommendations for transportation improvement projects to be contained in the Commonwealth of Virginia's Six-Year Transportation .Improvement. Program, and WHEREAS, the most critical corridor in need of improvement is the Route 258 corridor from the Town. of Smithfield to Route 58 Business and including the proposed Route 260 Connector between Route 58 and Route 258, and WHEREAS, this corridor serves as the primary north-south access to the two major industries in the County, Smithfield Foods, Inc. and International Paper Corporation accounting. for considerable truck traffic along with the regular .traveling public, school buses .and farm .equipment, and WHEREAS, there is particular urgency to fund the construction of the proposed Route 260 Connector, as a .part of this corridor, due to the recent ban on through truck traffic in the City of Franklin and the fact that the ..preliminary engineering and right-of--way acquisition has already been funded. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following corridor is considered the highest priority transportation improvement. for the County because of its potential to .address serious vehicle safety problems as well as to provide significant economic benefits for the movement of goods and services within the County and the Hampton Roads Region: Realignment. and the widening of Route 258 to four-lanes between Route 10-Smithfield Bypass to Route 58, including: a. the construction of the Route 260 Connector between Route 58 and Route 58-Business; b. the construction of the Route 258-Windsor Bypass and its grade-separated crossing at the Norfolk Southern rail line; and c. the construction of the Cypress Creek Connector which provides for the relocation of Route. 258 south of the Route 10-Smithfield Bypass. BE IT FURTHER RESOLVED that. with the completion of .the TRANSAMERICA corridor study between Beckley, West Virginia and Virginia Beach, U.S. Route 460 between the Petersburg and Suffolk Bypass 1 12 p~r~ 1~ ..1~1 1 should be improved through either the Limited Access or Local Improvement alternative outlined in the study. This segment of Route 460 is one of the most heavily traveled segments of the TRANSAMERICA corridor. It is projected to be heavily congested in the future at Levels of Service "E/F". It also supports one-quarter of the. freight needs of the Hampton Roads region, and as a consequence has a death rate of twice the Statewide average. Finally, the TRANSAMERICA analysis indicated that either a Limited Access or Local Improvement alternative would yield a benefit/cost ratio greater than 4.0. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are. considered to be other important and vitally necessary transportation improvement priorities in the. County: 1. Construction of capacity and safety improvements to Route 10 along with similar improvements within the Counties of Surry and Prince George including the widening of Route 10-Bypass to four (4) lanes. 2. Funding for the construction of dedicated left-turn lanes on Route 460 in the Town of Windsor from Route 258 eastward to the Town corporate limits. 3. Construction and improvement of turn lanes on Route 17 and. its intersection with Route 659 (Kings Cove Way). BE IT FURTHER RESOLVED by the Board of Supervisors of Isle. of Wight County, Virginia that the. County Administrator is to forward a copy of this resolution to the County's legislative delegation and to the Virginia Department of Transportation for inclusion in the official record of the 2000 preallocation hearing and for adoption in the Six-Year Improvement Program for the Commonwealth of Virginia. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud moved that the Board direct staff to send a letter to the members of the General Assembly thanking them for their support of the various highway projects which were funded within the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion {5-0) and no Supervisors voting against the motion. 1 Mr. Hartley noted receipt of the following correspondence pertaining to transportation issues: 13 BO~r, ~~ ~~?~ Letter dated 3/6/2000 from the District Maintenance and Operation EngineerNDOT, concerning the crossovers on the James River Bridge. Letter dated 3/1/2000 from R. S. Hayes concerning. the restoration of Echo Lake. Letter dated 3/8/2000 from the Maintenance Operations ManagerNDOT notifying staff that Fire Tower Road will be closed for approximately four (4) weeks, beginning April 10`"', in order to repair the bridge over Pope Swamp. Letter from Rick Riddick noting that by March 27`'' VDOT will be addressing the drainage issues in the Central Hill area. // Chairman Bradshaw called for the Community Development .report. Mr. Hartley stated pursuant to the Board's direction at its February 22, 2000 meeting included. is a County Comprehensive Flanning Program which represents a realistic strategy to complete a number of tasks related to growth management and planning. Supervisor MacManus requested that the wording of "scattered and incremental growth throughout the County might be a more appropriate policy objective" be deleted from Page 1, paragraph 3, under the heading Description. Mr. Hartley stated included in the Board's agenda is the proposed. Chesapeake Bay 2000 Agreement. Mr. Hartley distributed a revised copy of the .comments adopted by the .Hampton Roads Planning District Commission (HRPDC) yesterday. Supervisor Claud moved the Board endorse the position taken by the HRPDC and. that this be communicated by letter to the Chesapeake Bay Program office prior to the close of the public comment period on March 31, 2000. The motion was adopted with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. // .Chairman Bradshaw called for the Public Utilities report. E. Wayxie Rountree, P.E., Director of Public Utilities, requested the Board adopt the.. Resolution to Appropriate $325,000 From the Utility Construction Fund for Cost Overruns orr the Windsor Sewer Project, as 14 ~~~~t ~~~ .~ 23 contained in the agenda. He stated he anticipates another $325,000 may finish the project. He .noted the overruns are associated with relocation of pipe during construction to avoid conflicts that were. not included in the design. Supervisor MacManus moved the Board authorize the County Attorney to pursue legal action against the engineering firm and contractors for design errors incurred on the project. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisor voting against the motion. Supervisor Clark moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND FOR COST OVERRUNS ON THE WINDSOR SEWER PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the funding for the construction of a Windsor sewer system in the Central Development Service District; and, WHEREAS, the funds in the amount of three hundred twenty five thousand dollars ($325,000) need to be appropriated from the Utility Construction Fund to the 1999-00 Utility Capital Projects Budget of Isle of Wight County for cost overruns associated with the Windsor Sewer Project to serve the Central Development Service District located in Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that three hundred twenty five thousand dollars ($325,000) be appropriated from the Utility Construction Fund to the 1999-00 Utility Capital Budget of Isle of Wight County. 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, Bradshaw, Clark and Claud voting in favor of the motion (4-1) and Supervisor MacManus voting against the motion. // Chairman Bradshaw called for the County Administrator's report. 15 ~~-~- 2~ ..224 Richard O. Childress, Director of Emergency Management, briefed the Board on the status of part-time personnel. He-also advised there would be a public forum. held by the Isle of Wight County Disaster Recovery Task Force on March 22, 2000 at 7:00 p.m. in the Circuit Court Room. He noted a meeting would also take place on March 30, 2000 at 7:00 p.m. to discuss the County's emergency sheltering operations. Donald. T. Robertson, Assistant to the County Administrator/Director of Human Resources, stated the County. is pursuing grant funds for the After-School Academic Enrichment and Life Skills Training Program related to the Office on Youth. He requested .the Board's authorization for staff to proceed with submission of a grant application. Supervisor Claud moved the Board authorize the submission of a grant application for the After-School Academic and Life Skills Enrichment Program. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Robertson presented the Community Service Work Program for juveniles in the County. He requested the Board authorize staff to submit a grant application. Supervisor MacManus moved the Board authorize the submission of a grant application for the Community Service Work Program. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark and Claud voting in favor of'the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey requested the Board set a date for its 2000-01 budget work session. The Board set April 10, 2000 at 8:00 a.m. in the Board of Supervisors Room for a budget work session. `Mr. Robertson distributed an amendment to the Charter Agreement for the Southeastern Virginia Job. Training Administration for .the Board's consideration. Supervisor MacManus moved the Board approve the Charter Agreement, as presented. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5=0) and. no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. 16 ~~~ ~ ~.~ ~~?5 Regional Water Agreement (Tabled .March 2, 2000) Chairman Bradshaw stated the County currently does not have a source of water and the County's primary focus has been in trying to get an agreement with. a locality that does have a source. He stated the County could also use this to its advantage for controlling growth. Supervisor Claud moved the Board adopt the resolution authorizing execution of an agreement with the Western Tidewater Water Authority and the City of Suffolk: RESOLUTION TO AUTHORIZE EXECUTIION OF AN AGREEMENT WITH THE WESTERN. TIDEWATER WATER AUTHORITY AND THE CITY OF SUFFOLK WHEREAS, the County of Isle of Wight, Virginia and the City of Suffolk have formed the Western Tidewater Water Authority (WTWA), which has been certified by the State Corporation Commission on April 3, 1998; and, WHEREAS, the Authority was formed for the purpose of acquiring, financing, constructing, leasing, operating, and maintaining facilities for the production, impoundment, treatment and transmission of potable water; and, WHEREAS, the Authority and its member jurisdictions have reached agreement on its first major project, which will construct a transmission main to interconnect their existing water systems, and for the. delivery of 1 MGD of bulk water to the County on an interim arrangement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that the Chairman of the Board of Supervisors is hereby authorized to execute an agreement with the Western Tidewater Water Authority and the City of Suffolk. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw requested the Board's .authorization to allow him the authority, in conjunction with the County Administrator, the .City Manager of Suffolk and a Suffolk council member to discuss HRSD expansion through the Business 58 Corridor. Supervisor Bradby moved the Board allow the Chairman and the County Administrator the authority to meet with the Suffolk City Manager and other appropriate representatives to discuss HRSD expansion of a sewer collection line to serve the Holland area and the Route 58 Business corridor... 17 anr,~ ~~.1 .~ l~~ The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw .requested the County Administrator provide a section on the agenda at the Board's first monthly meetings for the individual..Board. members to report on the activities of the various regional committees on which they serve. Regarding the presentation from the YMCA representatives last month, Supervisor MacManus moved the Board refer the request of the YMCA to expand its existing facility in Smithfield to the School Board for their review and recommendation to the Board and for the Director of Parks. and Recreation to review the design feasibility of the future expansion plans of the various on-site agencies.. The motion. was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Regarding the presentation of .Michael Williams, Regional Manager, Falcon Cablevision, Supervisor MacManus requested the status of Mr. Williams' promise to evaluate the two (2) day rebate for Newport District residents. Chairman Bradshaw moved .the Board authorize the County Attorney, Supervisor Clark and the .County Administrator to meet with Michael Williams, Falcon Cable Regional Manager, on the franchise agreement issue and cablevision service concerns. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (S-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for New Business. Supervisor MacManus requested the Director of Public Utilities to advise the Board on his recommendation- on how the County can ensure to customers- that use 15,000 gallons of water or more if there should be a .special district with a special rate to address the higher cost water the Board will be bringing into the County. Supervisor MacManus moved the Board direct staff to perform an evaluation of the new water agreement with the City. of Suffolk and determine if the County can incorporate special service .district rates. The motion was. adopted. with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the. motion. ~] 1 18 Supervisor MacManus moved the Board direct staff to contact VACo to determine if they have a standard evaluation process .for Board appointed personnel (i.e., County Administrator, County Attorney). The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. r- ~_ Supervisor Claud notified the Board that there would be a meeting in May of 2000 between the County, City of Suffolk, City of Chesapeake, James City County, Gloucester County. and other similarly. situated high growth communities regarding growth control. He noted the objective of the meeting is to format policies, with the involvement of the General. Assembly members, to educate them .prior to the start of the next General Assembly session. // Chairman Bradshaw called for Appointments. Chairman Bradshaw moved the Board reappoint Nola Matthews on the Commission on Aging. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board reappoint Beverly Tubbs on the Commission on Aging. The motion was adopted unanimously (5-0). Chairman Bradshaw reappointed Carson Whitley to the Industrial Development Authority. The motion was adopted unanimously (5-0). Chairman Bradshaw moved .the Board reappoint Gary Falls: to the Isle of Wight Substance Abuse Advisory Council. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board appoint Dane Scott to the Jamestown/Camptown Housing Rehabilitation Advisory Board. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board appoint B. J. Carr to the Parks and- Recreation Advisory Committee. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board appoint Elaine Butler to the Events Committee. The motion was adopted unanimously {5-0). Supervisor Claud moved the Board appoint Chairman Bradshaw, replacing O. A. Spady, on the Agricultural Forestal District Advisory Council. The motion was adopted unanimously (5-0). 19 Supervisor Claud moved the Board reappoint William Dyer to the Southeastern Virginia Job Training Agency and that the Chairman (Phillip Bradshaw) be the elected officer with Mr. Robertson acting as the designee on the Southeastern Virginia Job Training Agency: The motion was adopted unanimously (5-0). Supervisor Clark. requested Mr. Robertson provide the Board with a status report on the position vacancy on the Southeastern Tidewater Opportunity Project. Supervisor Bradby moved the Board reappoint Sarah B. Wright to the .Transportation Safety Committee. The motion was adopted unanimously (5- 0). County Attorney Crook is to review the bylaws of the Committee. // Chairman Bradshaw called for the County Attorney's report. County Attorney. Crook presented a revised agreement with the. Town of Smithfield for the sale of bulk water. He stated the Town has removed the restrictions as to what the water .will be used .for and the reporting requirements. He stated the Town is agreeing to provide 250,000 gallons of water per day at a cost of $2.00 per thousand gallons, .which is an increase from $1.65 proposal earlier.. Supervisor Claud moved the Board approve the agreement. The motion was adopted_with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting ...against. the motion. County Attorney Crook stated the Windsor annexation public hearing and presentations were held on Monday, March 13, 2000 and the Commission on Local Government will be closing the record on March. 27, 2000.. He noted the Commission would have a report on the annexation for the Board by July 21, 2000. County Attorney Crook circulated a draft amendment to the Water Ordinance for the Board's consideration. He requested the Board authorize him to advertise the matter for public hearing at the Board's second meeting in April .with the rate. and usage charges to reflect the earlier suggestion of Supervisor MacManus. Supervisor MacManus moved the Board authorize the County Attorney to draft an ordinance and add changes pertinent to Section l 6.1-9 and advertise the. matter for public hearing at the second meeting in April of 2000, The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 20 ~~~~ 1.~3. 12~ County .Attorney Crook stated the contract with Commercial Radio Services needs revisions to its scope of work as to what the County needs them to do given the fact that American Tower will be constructing a new tower structure which will require the evaluation and reattachment of all telecommunications equipment and connections. County Attorney Crook distributed Code supplements to the Board members and the County Administrator. // County Attorney Crook requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning the acquisition and/or sale of real estate where public disclosure could adversely affect the negotiations and under Section 2.1-344 A3 for advice of counsel-concerning. the proposal of leases of County property. County Administrator Caskey requested a closed session under Section 2.1-3.44 Al of the Freedom of Information Act concerning a personnel matter. Chairman Bradshaw requested a closed session under Section 2.1-344 A 1 of the Freedom of Information Act concerning a personnel matter. Upon returning to open session, Supervisor Clark 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, 2.1-344.1A 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 zl AYES: (MacManus, Bradby, Bradshaw, Clark and Claud) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion.. // Supervisor Clark moved the .Board allow a reduction in the Nike Park rent (for agricultural purposes). The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.. Supervisor Claud moved the .Board authorize the County Attorney to respond to the offer of real estate discussed in closed session. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus moved the Board direct staff to review and document the policy of locally funded employees and Constitutional Officers so that the County has a consistent policy.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor: of the motion (5-0) and. no Supervisors voting against the motion. // Chairman Bradshaw noted a conflict in his schedule with the Board's April 20, 2000 meeting and suggested the Board may wish to move. the meeting date. Chairman Bradshaw moved the Board -move its second. meeting in .April from April 20, 2000 to Tuesday, April 25, 2000. The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // 22 g~,~„ 1.~? ., :~~1 At 11:15 p.m., Supervisor Bradby moved the Board adjourn. The motion was adopted unanimously (S-0). . ~~-- /~ t i~l~ l ~~ `Phi ' ~ A. Bradshaw, Chairman 23