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04-06-2000 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF .SUPERVISORS HELD THE SIXTH DAY OF APRIL 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 ~V. Douglas Caskey, 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 2:00 p.m. The invocation was delivered by Supervisor MacManus. The Pledge of Allegiance was conducted. // Chairman Bradshaw called for Special Presentations. Dean Miller and John Reiss briefed the Board on Impact .Virginia, a youth mission program, sponsored by the Virginia Baptist Mission Board, that provides teenagers with an opportunity to serve others through a variety of projects. focusing primarily on home renovation and construction needs of low-income families. Chairman Bradshaw moved the Board direct the County Administrator to coordinate activities between his staff and Impact Virginia. The motion was adopted .with Supervisors MacManus, Bradby, Bradshaw, Clarke and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw indicated the following Consent Agenda included Items 2, A through D, and asked if there were any items for removal: A. Final Plat of Gating Pointe, Phase 5 B. February 22, 2000 Continued Meeting Minutes C. February 24, 2000 Continued Meeting Minutes D. .March 2, 2000 Regular Meeting Minutes i [, 1 1 s`?~~~r ~ « X33 Supervisor Claud requested that the .February 22, 2000 continued meeting minutes be amended to reflect Henry H. Bradby as the Vice- Chairman. Supervisor. MacManus moved the Board approve the minutes (Items B, C and D), as revised by Supervisor Claud, and that Item (A) be withdrawn. Item A will be addressed at a future Board meeting responsive to the Board's concerns regarding reporting on stormwater maintenance by homeowners' associations. 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 Regional Reports. Chairman Bradshaw distributed to the County Administrator information provided during a recent meeting of the Hampton Roads Partnership. Chairman Bradshaw advised .that during the. recent Mayors and Chairs .meeting the actions of the 2000 General Assembly, .the importance of the census and transportation actions of the 2000 General Assembly were discussed. Chairman Bradshaw noted the Southside Mayors and Chairs Caucus is in the process of implementing a Work Force Development Program. Chairman Bradshaw noted that the County's Economic Development Director. is involved in putting out the County's image with the Hampton Roads Economic Development Alliance which assists the County in staying close to ongoing economic issues of the various Hampton Roads communities. Chairman Bradshaw advised the Board that the International Paper Community Advisory Council meets again on April 26, 2000 at 6:30 p.m. Supervisor Claud noted information packages and video cassettes were being prepared by the Hampton Roads Planning District Commission which will address fiscal issues for local. governments. Supervisor Claud noted the Western Tidewater Regional Jail expansion was recently completed and that such expansion should be sufficient to handle Isle of Wight/Franklin/Suffolk prisoners for several .years. Supervisor Claud noted that the agreement between the County and the City of Suffolk for water was approved at the last Western Tidewater 2 Water Authority meeting.. He advised the Authority is still communicating with the Cities of Portsmouth and Chesapeake so that they may review data that represents the economic feasibility of these localities to join the Authority. Malcolm T. Cofer .noted the proposed increase in tipping fees by the Southeastern Public Service Authority reflects an approximate $95,000 increase for the County for fiscal year 2000. .Chairman Bradshaw requested that Board members interested in attending the Virginia Association. of Counties conference in Charlottesville scheduled for August .advise the County Administrator's office as soon as possible. Chairman Bradshaw stated he met with representatives of the City of Suffolk to discuss the expansion of sewage into. the southern portion of the County. He requested County Administrator Caskey provide copies of the HRSD information involving the meeting between the four (4) localities to Supervisors Clark and MacManus for their review. Evelyn Chandler. reported .that Boykin's Tavern is in Phase 5, Dedication. She noted that two (2) recognition plaques would be necessary. She stated that she had received a letter from the County's Historical Society advising of an error on the highway marker and that she intends to pursue ISTEA funds to replace the sign. She requested permission to fill out an application for consideration by the Garden Club of Virginia. which will landscape the grounds around Boykin's Tavern. and provide a garden area. Supervisor Claud moved the Board authorize Ms. Chandler to submit an application. to the Garden Club of Virginia. for landscaping. 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 conduct Old Business. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Old Business. A, Isle of Wight County School Board Appointment/Carrsville Election. District 3 Chairman Bradshaw moved the Board appoint Dr. Richard Peerey as the School Board member for the Carrsville Election -District. 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. B. Isle of Wight County School Board AppointmentlTwo At-Large Members Supervisor Claud moved that the Board adopt the following process for the selection of the two (2) At-large candidates: (1) that each Board member selects two (2) candidates from the first round and in that process any candidate that received three (3) or more votes would be considered one that would be voted on at a later time today. If only one (1) is selected at that point in time, then the Board. would proceed with the process again. and each Board member would select one (l) additional nominee and the nominee that receives the greatest number of votes would be the second- nominee. At the end of that selection process, a Board member will make a motion to nominate each one of those candidates individually and the Board would vote on the candidates. 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 advised the Board that he was in receipt of two (2) letters concerning the at-large nominees. Supervisor Clark moved the Board make a part of the. record. of the meeting the rivo (2) letters received. 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 voted for Herb DeGroft and Barbara Olin. Supervisor Bradby voted for Herb DeGroft and Robin Land. Supervisor Clark voted for Robin. Land and Herb DeGroft. Supervisor Claud voted for Joni. Griffin and Barbara Olin. Chairman Bradshaw voted for Joni Griffin and Wesley Barbour, Jr Supervisor $radby moved the Board appoint Herb DeGroft as an At- large Member on the School Board. The motion .was adopted with Supervisors N1acManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Second round: 4 Supervisor MacManus voted for Barbara Olin. . Supervisor Bradby voted for Robin Land. Chairman Bradshaw voted for Wesley Barbour, Jr. Supervisor Clark voted for Robin Land. Supervisor Claud .voted for Barbara Olin. No candidate having received three votes, the Board resumed. the process for selection of the remaining at-large member on the School Board. Supervisor Claud voted for Barbara Olin. Supervisor Clark voted for Robin Land. Chairman Bradshaw voted for Barbara Olin. Supervisor Bradby voted for Robin Land. Supervisor MacManus voted for Barbara Olin. Supervisor Clark moved the Board- appoint Barbara Olin as an At-large .Member on the School Board. 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 At-large members would commence their duties. on the School Board effective April 13, 2000 for a term to end. June 30, 2001. He explained that the letters received by the County Administrator would have had to have been read had they. been submitted at the public hearing, however, this is an action meeting, not a public hearing and, therefore, the letters are submitted into the record as being received. // Supervisor Clark moved the Board proceed with the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, presented a request of residents of Yellow Rock Road and Gayle Way for these roads to be added to the State System of Secondary Roads under the Rural Addition Program. 5 eo~r 1~ - .137 Carl Hill, property owner along Yellow Rock Road, .addressed the Board with respect to the maintenance, increased tragic flow, .dust and speeding of vehicles along Yellow Rock Road. Regarding Yellow Rock Road, Supervisor Clark moved that the Board direct the Director of Planning and Zoning to proceed with preparation of the options in calculating the cast share of the owners who may have a speculative interest in the property to include cost .estimates from VDOT and designing the right-of--way and report back to the Board on the figures at the Board's May 18, 2000 meeting. 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 that the Board authorize staff to advertise a public hearing .for both Yellow Rock Road and Gayle Way and that the Director of Planning and Zoning proceed with preparation of the options in calculating the cost share of the owners ~vho may have a speculative interest in the property to include cost estimates from VDOT and designing the right-of--way and report back to the Board on the figures at the Board's May 18, 2000 meeting. .The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Crud voting in .favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley notified the Board that County staff is meeting with the VDOT District Administrator and other VDOT staff on April 10, 2000 at 2:00 p.m. He noted that the Resident Engineer will be at the Board's April 25, 2000 meeting for his. quarterly presentation. Supervisor Claud requested that the Director of Planning and Zoning contact VDOT and request the status of South Johnson Avenue. Supervisor Claud advised that Muddy Cross Road has not yet been staked out and requested the Director of Planning and Zoning take appropriate action to have this accomplished. Supervisor Claud requested that the Director of Planning and Zoning. request VDOT to begin the process for right-of-way acquisitions on Blue Ridge Trail and to so advise VDOT during his meeting with the VDOT District Administrator. Chairman Bradshaw requested the Director of Planning and Zoning take appropriate action with VDOT to have the speed limit (45 mph) begin on the Carrsville side of the intersection of 58/258. Robert Bennett requested that Hideaway Lane be included in the State Secondary system. 6 so~~ 1~ .x::138 Supervisor Clark moved the Board include Hideaway Lane as part of the public hearing for Yellow Rock Road .and that these residents be notified of the public hearing.. 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. Gerald J. Naber requested Gayle Way be made a part of the. State Secondary system. R. L. Walker notified the Board. of inadequate drainage along the roadways. in the Central Hill area. Chairman Bradshaw requested that the .Director of Planning. and Zoning set a meeting with the VDOT Resident Engineer and. that Vice- Chairman Bradby and Mr. Walker be included in such meeting to identify the affected roads. Dave Saunders requested .that Yellow Rock Road be placed into the State Secondary system. Grace Keen requested the status of her earlier request for emergency exits on the James River Bridge. Mr. Hartley .advised that he had received a response on the matter from VDOT yesterday which he will provide to the Board at its April 25, 2000 meeting. // Chairman Bradshaw called for Citizens Comments. Pat Clark addressed the Board on .concerns with the Norsworthy master plan and the public announcement prior to the 1974 rezoning action by the County. He distributed a copy of the public notice which appeared in The Smithfield Times on October 9, 1974, noting application (G) calls for R- 2 General to be used for median density residences, apartments and townhouses. He stated application (G) is not consistent with the recently submitted Master Plan which calls for single-family dwellings for this parcel, which .constitutes a change in use and which is inconsistent with the original rezoning approval. He stated the recently submitted master plan does not agree with the. advertised public notice or the recorded minutes of the 1974 Planning Commission and Board of Supervisors meeting and the signed contract of mutual agreement..He .stated for the developer tochange the use of this parcel requires a new legal public. hearing. He stated if the developer was to submit a new master plan with the .intent of developing as legally called for in the signed agreement, then the developer would face the requirement of public notice for the Planning Commission and Board... of Supervisors to approve a Conditional Use Permit to comply with the 1997 1 7 ~~~^f ~~ .~1~39 revised zoning ordinances. He stated the Norsworthy tract can not be developed as rezoned in 1974 where differences exist with the present zoning requirements. He stated that the County Attorney stated in the joint 1974 meeting in response to a question from a member of the Planning Commission that "it was understood that any new subdivision amendment or ordinances -would affect the .development at such time that the subdivisions are brought to the County for approval." He stated that Clark and Stant, a Virginia Beach authority in land use were hired as consultants to determine the issue of vested rights and their finding in this issue was that the developer did not have vested rights. He stated the County Attorney's statement and the Clark/Stant findings imply that the 1997 zoning agreement of a Conditional Use Permit wilt apply if the developer proceeds as approved in the contractual agreement. He stated whether the .County proceeds with the present master plan or the original Norsworthy drawing, it will require the issue to come before the Planning Commission and the Board. of Supervisors. through. public notice. He noted .another public hearing will also give the developer the opportunity to upgrade the proffers which seem missing in the present application. He stated that because the 2000 master plan is invalid, a submission date should be voided and any new submission should have to comply with any new legislation with tidal and non-tidal wetlandmatters. Regarding the violation of the contractual agreement between Tidewater Virginia Properties and the Planning Commission and the Board. of Supervisars, he stated he feels the timing of the submission of the Norsworthy preliminary master plan was moved forward rapidly to ensure Norsworthy would be grandfathered into the new environmental requirements established by the General Assembly. He stated the speed of getting the plan submitted has caused the developer to overlook many of the requirements of the 1974 contractual agreement and that any request for change in that agreement would require a public hearing which would provide the public the opportunity to question the proffers offered by the developer which is none unless the twelve (12) acre site for a school is offered. He stated this does not meet the requirements of the Comprehensive Plan to pay the developer's fair share of the costs of providing adequate public facilities for the County. He pointed out the following two (2) violations of the 1974/75 contractual. agreement stating the County has to renegotiate this agreement or set a precedent for all other developers to ignore the requirements established by the County's governing body. He stated during the December 5, 1974 joint meeting of the. Planning Commission and Board of Supervisors, Mr. W. R. Camp, Jr. moved to approve the recommendation of the Planning Commission that alternate plan #3, as stipulated with the contract drawn to that effect, be approved. for all eight ($) rezoning applications of Tidewater Virginia, Inc. He stated during the Board of Supervisors meeting of March l3`~', .(1975) the Commonwealth Attorney stated he had the agreement from Tidewater Virginia Properties, Inc. on the stipulations required by the Board of Supervisors for rezoning at .the December 5, 1974 meeting. The Commonwealth Attorney. stated the agreement was acceptable and read the agreement, as follows: The memorandum of agreement and consent of applicant, Tidewater Virginia 8 90^~: 1 ~~ ~~:.~ 240 Properties, two (2) specific conditions imposed by the Planning Commission and Board of Supervisors at a joint meeting o be attached to and made. a part of the minutes of said joint meeting. He stated these conditions were precedent to rezoning .and the basis for the unanimous approval of the Planning Commission and Board of Supervisors. He stated Item I of the agreement stated that prior to any development taking place upon any of the properties, a preliminary master plan for the development for all twenty-nine {29) parcels will be submitted to the Planning Director and further that no detailed plans of development shall be filed, nor construction .shall .take place on any said parcel until the master plan has been approved by the Planning Director. Item 3 of the agreement stipulates that prior to the submission of the preliminary plan, the density, traffic flow patterns, or entrances into the existing State roads, shall be mutually agreed to upon by the applicant and the Planning Director so that all such items will be included as mutually agreed upon with Planning Director on the master plan to be submitted in paragraph one. Joanne Gardner requested the County pursue taking action against the developer. of the Norsworthy tract for violations to the Chesapeake Bay Preservation Ordinance and other environmental issues. Mary Alexander expressed concern with the proposal of the developer of the Norsworthy tract to widen O'Meara Drive through Edgewood Estates citing environmental concerns, safety issues due to increased traffic and the potential from flooding. Perry and Melinda Moss, Soteria Christian Center International, requested the use of the County-owned building located at 223 Washington Avenue in Smithfield to conduct church services and related activities. Chairman Bradshaw directed the County Administrator and staff to work. with the Moss' in identifying a location suitable for their purpose. Following Grace Keen's suggestion-that the Board have a moment of silence for Chief of Police, Mark Marshall, who was suddenly taken ill with an undisclosed illness, Chairman Bradshaw requested those in attendance to take a moment of silence. Grace Keen distributed information to the Board concerning. the election of School Board members. Grace Keen requested. that the Board, during its CIP process, keep in consideration the .new location for the fairgrounds and that the Board begin. to plan. for its relocation so that when the present location is moved, it will. be a smooth transition. 9 ~o~~. 1~~ -,::141 Chairman Bradshaw suggested that the Fair Committee submit a proposal to the Director of Parks and Recreation for future presentation to the Board. Sharon Hart of Newbill Lane addressed the Board regarding a violation to the Resource Protection Area by an adjoining. property owner. Supervisor Clark moved that the Board direct the County Attorney to confer with Mrs. Hart and the Director of Planning and Zoning to determine if there has been a violation of the County's ordinance and report back to the Board on their findings. 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. Joni Griffin requested that funds be left in place in the C1P f©r the Central County Park. Sheriff Phelps requested the Board appropriate matching funds for a Selective Enforcement Grant (Item D under the County Administrator's Section). 1 Supervisor Clark moved the Board approve matching funds, up to $15,000 for the Selective Enforcement Grant. 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 adopt. the following Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds From the Virginia Department of Motor Vehicles: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES WHEREAS, Isle of Wight County is eligible to apply for Highway Safety Project Grant funding from the Virginia Department of Motor Vehicles; and, WHEREAS, grant funds in the amount of fili:een thousand dollars ($15,000), or as much as shallbe received from the Virginia Department of Motor Vehicles, needs to be appropriated to the 2000-2001 .Operating Budget of Isle of Wight County. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia authorizes the submission of an application for Highway Safety Project Grant funding from the Virginia Department of Motor Vehicles. 10 ao~~ 19 .; .~ 142 BE IT .FURTHER RESOLVED that grant funds in the amount of fifteen thousand dollars ($15,000), or as much as shall be received from the Virginia Department of Motor. Vehicles, is to be appropriated to the appropriate line item for the .Sheriff's Office in the. 2000-2001 Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County 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 MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Sheriff Phelps provided the Board with an update on the auxiliary officers within his department. // Supervisor Claud moved the Board take a ten minute recess. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the Community Developmer-t report. Chairman Bradshaw requested the ..Board consider .what action it ` would like to take regarding the Norsworthy application and Mr. Pat Clark's statements earlier in the meeting. Mr. Hartley briefed the Board on the status of the Norsworthy tract. He noted staff has completed a review of the public record and has performed a preliminary review of the ordinances as it pertains to the issues cited in #3 of the Agreement.. He stated the original intent was that the property be zoned for residential general to be used for medium density residences, apartments and townhouses, which was expressed in a legal ~, notice and on the general development plan approved by the Board of Supervisors in 1974; however, the Board approved the rezoning of property with reference to the general development plan and the conditions that apply to the property are the Memorandum of Agreement. He stated the zoning was R-2, which allowed, at that time, multi-family and single family, He stated ..regarding .the multi-family, the question today is has the developer now changed the plan. He stated the County changed its ordinance so that the developer can not do this now without coming back to the Board and he would defer to the County Attorney as to whether this. constituted a change in their plans that then violated the Memorandum of Agreement. 11 ~~~~f ~~? ~.4~3 County Attorney Crook stated the zoning for R-2 included multiple housing in 1974 which is what was in the Zoning Ordinance at that time. Since then the County does not allow multi-family housing in R-2 except with a Conditional. Use Permit so the Board will take what was done then and the changes in the Ordinance since then and apply these changes. He noted there is no vesting in this situation, rather. a case of zoning and changes in the zoning ordinance being applicable. Supervisor Clark moved the Board direct the Director of Planning and Zoning and the County Attorney to review the Memorandum of Agreement and .the 1974 original zoning of the property to determine the validity of the Agreement and discuss with the Board its options as it affects .the Norsworthy zoning. 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. Mr. Hartley stated for the Board's review, included in the Planning Commission's agenda is a summary of what has occurred to date on the Norsworthy tract, to include copies of the traffic impact study and water quality study. Supervisor MacManus requested the Director of Planning and Zoning advise the Board what agricultural and residential taxes have been paid.. for the past riventy-five (25) years and if the developer is in violation if he does not give Mr. Hartley the remediation plans within fifteen (15) days .responsive to the notice of violation. // Supervisor Claud moved the .Board amend the regular order. of the agenda and hear the report from the Director of Parks and Recreation. The motion was adopted .unanimously (S-0). Chairman Bradshaw called for the Parks and Recreation report Alan S. Nogiec, Director of Parks and Recreation, introduced Shawn Blankenship who presented a request by Triple B Rodeo Productions to hold a bull riding performance on the County's Fairgrounds on June 9, 2000 and June 10, 2000. Responsive to Supervisor Clark's inquiry if the County is liable for injuries on the premises, County Attorney Crook stated the County could have liability exposure for anon-government activity and the County requires insurance to protect the County in this regard. He stated the applicants are .required to file an application through the Planning and Zoning Department for this outside activity which will address such items as security plans, approval by the Sheriff and sanitation facilities. 12 Supervisor Claud advised the .promoter to proceed with the required application. process. Mr. Nogiec recommended the Board approve the. Hardy District Park Task Force appointments, as contained in the agenda. Supervisor Bradby moved the Board appoint the following individuals. to the Hardy District Park Task Force Committee: Task Force Chairman ..Elwood Whitley David Hardy R, L. Walker Herb DeGroft John Day . Bobby Bowser Rudolph Jefferson Joseph Spratley Rosa Turner 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. Betty Pulley briefed the Board on the ongoing activities of .the Events .Committee and requested .$1,200 funding associated with such events. Supervisor Claud moved the Board appropriate $1,200 from the contingency fund to be used for volunteer advertisements and other related activities for the Events. Committee. The motion was adopted with Supervisors. IVIacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon notification .from Mr. Nogiec of the reopening of the Franklin Skating Rink, .Chairman Bradshaw directed Mr. Nogiec to organize and publicize a reopening ceremony and submit notification of this event to the media. ~~ 1 13 ~~,,~~ ~.~ . -x.45 Supervisor Clark requested Gary Hermann, Superintendent of Buildings and Grounds, to prepare a schedule to address the ruts in the outfield at the Carrollton Elementary School. Colin Bruce and Laurie Skinner, members of the Real Smithfield Jaycees, requested an extension of its lease agreement of the old agricultural. building, owned by the County located in the Town of Smithfield. Supervisor MacManus moved the Board approve a five (5) year extension of the Real Smithfield Jaycees' lease of the "old Agricultural Building." 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 presented aproposed -YMCA lease agreement for the old Home Economics Building in the Town of Smithfield for the Board's consideration. Supervisor MacManus moved the Board approve the request of the Isle of Wight, Smithfield, Windsor Branch of the Peninsula Metropolitan. YMCA to renew its Lease Agreement for the use of the Home Economics Building from June I5, 2000 until August 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. 1 Supervisor Bradby moved the Board return. to the regular order of the agenda. The motion was adopted unanimously (5-0). it Chairman Bradshaw called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, presented a Resolution to Appropriate $10,000 From the Unappropriated Fund Balance of the General Fund for Public Utilities Overtime Compensation for the Board's consideration.. He noted the Board, at its October 7, 1999- meeting adopted a resolution amending the County's .overtime policy and appropriating $10,000 to the budget of Public Utilities to providing funding for overtime payment during the 1999 fiscal year. He stated the. $10,000 has naw been spent and it is projected that an additional $10,000 will be necessary for the FY 1999-2000 fiscal year. 1 Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR PUBLIC UTILITIES OVERTIME COMPENSATION 14 WHEREAS, the Board of Supervisors of the County: of Isle of Wight, Virginia has approved funding for the payment of overtime compensation for the employees of the Department of Public Utilities; and, WHEREAS, the funds in the amount of ten thousand dollars ($10,000) need to be appropriated for overtime compensation to the Department of Public Utilities from the Unappropriated Fund Balance of the General Fund to the 1999-00 Public Utility 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 ten .thousand. dollars ($10,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the 1999-00 .Public Utility Fund 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 MacManus, Bradby, Bradshaw, Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Rountree presented Change Order # 1 for the Windsor Sewage Pump Station for the Board's consideration. Supervisor MacManus moved the Board approve Change. Order #1 in the amount of $65,719.05 to Peters and White. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Claud and Clark voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Rountree distributed material relating to the. elevated tank in the Bartlett area.. He explained that the original bid included the tank being painted only one (1) color.. Staff has contacted the contractor who has offered a $2,000 deduction for the two. (2) County logos, but is asking for an $8,000 increase to pay for the second color of paint. Staff has again contacted the contractor who is willing to waive a future increase that they would be asking the County for in the approximate .amount. of $5,000 to $6,000 for additional piling work. Chairman Bradshaw moved the Board approve the change order for $6,300 for additional painting, to also include a provision for waiving the. costs associated with the contractor's- future request for additional pilings (County Attorney Crook is to review the change order). The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud 15 a~~r. 1~l -;:1~7 voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Rountree presented a sample of the sketch the Board previously approved. He suggested that rather than painting. the dark color under the belly of the tank that it be painted on the- side. He further suggested that the Board authorize the deletion of "A Hampton Roads Community" because of poor visibility. The Board concurred with deleting "A Hampton Roads Community"; keeping the original colors; and, keeping the original order of colors on the tank. Chairman Bradshaw recommended that the Board authorize staff to install the sewer line under theroad at the Carson Whitley property. He further recommended that the Board allow Mr. Whitley to pay a $1,000 connection fee instead of the standard $3,000.. Chairman Bradshaw moved the Board authorize the Public Utilities Director to have the sewer line installed under Carver Road at the County's expense for connection to the Carson Whitley property. 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 Regarding the connection fee, Mr. Rountree suggested that within the Department of Economic Development the County has various incentives to expand upon rather than going with the position of waiving water and sewer connection fees on a case-by-case basis. Chairman Bradshaw moved the Board direct the County Attorney, County Administrator, Public Utilities Director and Economic Development Director to review the County's connection fees and come up .with a plan best suited for the County in order to keep it competitive for economic development purposes. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor (5-0) and no Supervisors voting against the motion. I/ Chairman Bradshaw called for the Economic Development report. 1 Patrick J. Small, Director of Economic Development, extended an invitation. from representatives of International Paper to tour the facility. Chairman Bradshaw directed Mr. Small to set up a half-day tour. Mr. Small inquired if the Board would like to have a tour of the Port of Virginia. Chairman Bradshaw requested Mr. Small to set up such a tour. 16 ~~ 3.~-~~~ i• .~ 148 u .Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented a Resolution to Recognize National County Government Week for the Board's consideration. Supervisor Claud moved- the Board adopt the following resolution: RESOLUTION TO RECOGNIZE NATIONAL COUNTY GOVERNMENT WEEK WHEREAS, Americans place great faith in the county form of .government, which traces its roots to the earliest days of the republic; and, WHEREAS, county government truly supports the nation's citizenry, serving as their voice in town squares, state houses and the White House; and, WHEREAS, America's counties are proud to be among those providing proofthat local solutions can be applied throughout America to solve many of the nation's most challenging needs; and, WHEREAS, county government's primary concern is to assure that county .leaders provide citizens with an environment that encourages all people to build strong families and strong communities; and, WHEREAS, the quality of life for all Americans is dependent upon choices that accommodate all citizens while preserving. the community; and, WHEREAS, by providing county citizens with safe, healthy communities, which are necessary to ensure a high quality of life for all, .counties across the nation will continue to thrive and prosper; and, WHEREAS, counties are an important link with the nation's governmental .structure with duties ranging from public safety to preserving the environment; and, WHEREAS, counties realize and appreciate the fact that volunteers play a vital role in providing services to citizens and saving tax dollars; and, WHEREAS, community leaders, county leaders and all citizens should take steps to recognize all that is good within the county, and praise those programs ,and individuals who have made progress and innovation available to all within the community. 1? NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isie of Wight, Virginia that the week of April 9-15, 2000 be recognized as National County Government Week in Isle of Wight 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. County Administrator Caskey stated the Beautification Committee is recommending that a bench in Memory of Joel C. Bradshaw, Jr. be placed at the front entrance of the County Courthouse complex. Supervisor Clark moved the Board approve the recommendation of the Beautif cation Committee and dedicate a bench with an appropriate plaque, to be placed in the circular area of the brick walkway at the front entrance of the County Courthouse Complex. Staff is further directed to bring back an appropriate Resolution of Dedication in memory of Mr. Bradshaw. 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. Richard O. Childress, Director of Emergency Management, stated applications have been received for the part-time positions and interviews for the part-time medics will be scheduled next week. He stated there are currently two (2) individuals staffed at the Isle of Wight Volunteer Rescue Squad during the days of Monday through Friday and one (1) individual. staffed Monday through Thursday in the evenings. 1-Ie stated this will. be increased to two (2) individuals Sunday nights through Thursday nights. He stated staffing for the Windsor Volunteer Rescue Squad will. begin in May. for Monday through Friday day shifts. Hie stated the process has begun to receive an EMS license for the County and he is currently .looking for an Operational Medical .Director for the EMS license. Ile stated. the Disaster Recovery Task Force organizational meeting has been held and the next meeting is scheduled for April 26, 2000 at 7:00 p.m. at the Courthouse.. He stated a sheltering meeting had also been held and those items addressed are being reviewed. by staff He stated the Fire and Rescue Association met to discuss their CIP recommendations. He stated the Association did not support the issue of the Carrsville Volunteer Fire Department being utilized as an emergency shelter and recommended that either the Carrsville Elementary School or Carrsville Community Center be utilized. I-~e stated staff is moving forward with the two (2) bay extension to the Carrsville Volunteer Fire Department and anticipates the Invitation for Bid to be submitted` to the .Department of Budget and Finance soon. He stated the generator for the Carrsville Volunteer Fire Department is scheduled for testing tomorrow so as to be placed on line. He stated the Rushmere Volunteer Fire Department has taken delivery of the nevv pumper tanker and members are .being trained on its operation. He stated the Smithfield Volunteer Fire Department has taken delivery of its new brush truck which 18 9~~f ~ ~ :`~5U is being serviced. He stated the Carrollton Volunteer Fire Department has taken delivery of their tanker and members .are currently being trained for the use of this apparatus. He stated Sprint still needs to sign the Conditional. Use Permit and other issues. still need resolving. He stated he is still researching the fee for service on EMS. Chairman Bradshaw requested the Director of Emergency Management meet with Supervisor Bradby regarding the acquisition of additional land for the. Rushmere Volunteer Fire Department. Debbie J. Sivertson, Administrative Analyst, presented the ISTEA grant agreement for the Boykins Tavern renovation project. Chairman Bradshaw moved the Board authorize. approval of the ISTEA Agreement for Project Development and Administration, Phase 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. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, presented a request for the Chairman to take necessary actions relative to the Workforce .Development Act for the Board's consideration. Supervisor MacManus moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE CHAIRMAN TO TAKE NECESSARY ACTIONS RELATIVE TO THE WORKFORCE DEVELOPMENT ACT WHEREAS, in 1998, the.. United States Congress adopted the Workforce Investment Act to replace. the Job Training. Partnership Act; and, WHEREAS, pursuant to the provisions of the Act, the Governor has designated workforce development areas within the Commonwealth of Virginia, including the South Hampton Roads area, to implement the provisions of the Act; and, WHEREAS, the Act requires the chief local elected official (or his/her designee) of a participating jurisdiction to .perform certain duties: NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of isle of Wight, Virginia authorizes the Chairman, an its :behalf, to take any and all actions necessary to carry out-the County's duties and. responsibilities relative to the Workforce Investment Act. 19 ~~_~ ~.~ .~~51 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. Pursuant to Chairman Bradshaw's desire to recognize County staff involved with the Y2K effort and Hurricane Floyd, Mr. Robertson requested the Board's authorization to move forward with the purchase of jackets. Chairman Bradshaw moved the Board authorize staff' to purchase jackets with the County logo for County employee services during 1999 and appropriate funding in an amount not to exceed $3,500. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clarl: and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Responsive to an earlier request from Supervisor Claud, County Administrator Caskey referred to the report contained in the agenda regarding the issue of taxation of farm machinery. Supervisor Claud recommended tabling this matter for further consideration during the budget work session. Mr. Hermann presented a request for overtime funding within the Public Works Department to allow staff to accomplish certain duties outside of normal work hours. Supervisor Clark moved the Board approve .the request of the Superintendent of Buildings and Grounds Maintenance for overtime funding in the amount of $1,500 to $2,000 monthly and that funding be included in the Operating Budget for such purpose beginning FY2000-01. 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 Board members who are interested in attending the NACo Conference scheduled in July in Charlotte to contact his office for registration. County Administrator Caskey reminded the Board that it needed to set its public hearing for the School Board budget tonight. Supervisor Clark moved the Board set its public hearing on the School Board budget for Apri125, 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 ~~_.r 1~ 152 County Administrator Caskey advised that Joe Ferguson has requested authorization. from the Board to remove a "timber" found in the .swamp area at Boykin's Tavern. Supervisor Claud moved that the request of Joe Ferguson to remove the "timber" found in the swamp be at the discretion of County staff. 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 continuation of Old Business. C. .Red Oaks Mobile Home Water System .(Tabled 12/16/99) County Attorney Crook advised that Attorney Fred .:Quayle, representing the mobile home park owner, recently contacted him to request that the matter be tabled until the Board's April 25, 2000 meeting to allow him additional time to meet with_the County Attorney. Supervisor Clark moved the Board approve the request of Attorney Fred Quayle to table the matter until the Board's April 25 2000 meeting to allow him time to meet with. the 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. // Chairman Bradshaw called for New Business. Supervisor Clark moved the Board direct staff to contact David Kovacs, CBLAD, and .invite him to address the Board concerning the Chesapeake Bay Preservation Act. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, dark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw advised the 30`h Annual Earth Day celebration is scheduled for May 7, 2000 at Mount Trashmore .and all localities are requested to sign a pledge, Chairman. Bradshaw moved the Board authorize a Board member or staff. person to be in attendance at the Earth Day celebration. scheduled for May 7, 2000 in Virginia Beach. 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 1 21 3p~r ~f~ ~.. ~~3 Chairman Bradshaw noted receipt of a letter from the Electoral Board regarding redistricting for the Board's information. Chairman .Bradshaw noted receipt of a letter from the HARP advising of a meeting on April 12, 2000 at 11:00 at Angelos Restaurant and inviting interested Board members to attend. Supervisor Clark indicated an interest in attending. i/ Chairman Bradshaw called for Appointments. Supervisor Claud moved the Board approve the list as recommended by the Director of Parks and Recreation to the Fair Committee. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board reappoint .Robert E. Hall as the School Transportation representative on the Transportation Safety Committee. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the County Attorney's report. County Attorney Crook distributed a Resolution Delegating to the County Purchasing Agent the Responsibility to Engage in Individual Discussions with Two or More Offers Deemed Fully Qualified for Procurement of Professional Services. He stated the resolution. is for the Board's consideration pursuant to a request by Supervisor MacManus regarding the interviewing process for professional services and which is an amendment to the County's existing central purchasing plan. Supervisor MacManus moved the Board approve .the following resolution to be effective April T, 2000: RESOLUTION WHEREAS, the Virginia General Assembly has adopted the Virginia Public Procurement Act, as embodied in Title 11, Chapter 7 of the Code of Virginia, 1950, as amended, which provides for competitive negotiation as therein defined including the provision that "the public body shall engage in individual discussions with two or more offerors deemed fully qualified' under the procurement of professional services, and, WHEREAS, the Board of Supervisors deems it to be in the best interests of the citizens of Isle of Wight County, .more .expedient and efficient to have the. discussions with the offerors of .professional services conducted by the County Administrator with the assistance of the Finance 22 Director and the Department head for the Department most affected by the service or other person .most knowledgeable of the services to be provided as selected by the County Administrator; and, WHEREAS, the Board of Supervisors of Isle of Wight County did adopt a Central Purchasing Plan by Resolution of December 4, 1975. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia,. that the following be added to the Resolution of the Board of Supervisors of Isle of Wight County, Virginia to employ County Purchasing Agent, by adding the following as Paragraph 8 to said County Purchasing. Plan: 8. The Board of Supervisors of Isle of Wight County, Virginia, does hereby delegate to the said County Purchasing Agent, the responsibility to engage in individual discussions with two or more .offerors deemed fully qualified for procurement of professional services with the assistance of the Finance Director, Department head involved and/or other person or persons deemed knowledgeable in the area of the services being offered and to conduct negotiations. with said offeror deemed most meritorious pursuant to the provisions of the Virginia Public Procurement Act. 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 transaction for the acquisition for the Daughtry property in Carrsville hasbeen closed. He stated the Board is now required to accept the Deed. by authorizing the Chairman to sign it on behalf of the County. Supervisor Clark moved the Board approve the deed and authorize the Chairman to sign it on behalf of 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. County Attorney Crook presented the Isle of Wight Beautification Committee Bylaws which is pursuant to the Board's direction and for the Board's approval. Supervisor MacManus moved the Board approve the Bylaws of the Isle of Wight Beautification Committee. 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. 23 ~~:~t 1~ `~~5 County Attorney Crook advised the Board that the citizens concerned with the annexation in Windsor have employed legal counsel that have filed objections and arguments with the Commission on Local Government. // 1 County Attorney Crook requested a closed session under Section 2.1- 344 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.1-344 A7 concerning advice of counsel on a probable litigation matter. Chairman Bradshaw requested a closed session under Section 2.1-344 AI of the Freedom of Information Act concerning a personnel matter. Supervisor Claud 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 A 1 of the Freedom of Information Act concerning interview of professional service consultants for employment. Mr. Small requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning two (2) matters concerning acquisition of properties where public disclosure could jeopardize the position of the County and under Section 2.1-344 AS concerning two (2) matters of potential citing of businesses. Supervisor Clark moved the Board enter closed session for the reasons stated. 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. 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, 1 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 24 B~r'f. ~t, ' ~~~ 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: 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 MacManus moved the Board direct the County Administrator, County Attorney and the Director of Parks and. Recreation to negotiate with the first choice of the Board's interviews. 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. At 10:00 p.m., Supervisor Claud moved the Board continue.. its meeting until April 10, 2000 at 8:00 a.m. in the Board Room for the purpose of conducting a budget work session. // _-----_ P 'lip A. Bradshaw, Chairman i~ 25