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09-07-2000 Regular Meeting90~M ~~ ~r.:•~`r~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF SEPTEMBER 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 Caskey, County Administrator Donald T. Robertson, Assistant 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. // Supervisor Claud moved the Board amend the order of the regular .agenda and adopt the following resolution in recognition of the contributions of Mrs. Gracie G. Porter: RESOLUTION IN RECOGNITION OF THE CONTRIBUTIONS OF MRS. GRACIE G. PORTER WHEREAS, Mrs. Gracie G. Porter was an extremely active citizen, contributing immensely to the quality of life. for Isle of Wight County residents for several decades; and,. WHEREAS, in an effort to enhance participation and equality in government, Mrs. Porter was actively involved in the registration of voters throughout Isle of Wight County; and, WHEREAS, Mrs. Porter made significant contributions to the Commission on Aging and the Isle of Wight County Extension Office, where she was a member of 4-H for 45 years; and, WHEREAS, Mrs. Porter served faithfully as an employee of the Isle of Wight County School Board for 39 years. 1 .: NOW,. THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the contributions of Mrs. Gracie G. Porter are recognized .and. appreciated for their significance to the quality of life for all citizens. n 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. Bessie Rowlett accepted the resolution on behalf of her deceased sister. // Chairman Bradshaw called for Special Presentations. Constance Rhodes, Executive Director/Chamber of Commerce presented a request for an Isle of Wight Bicycle and Pedestrian Path Plan. 1 Supervisor MacManus moved the Board approve the concept of the proposed bicycle and pedestrian path plan and refer same to the Planning Commission for their review and recommendation(s) back to theBoard relative to its adoption into the. County's 1991 Comprehensive Plan. 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 further moved that the Board appoint Supervisor MacManus on the .Bicycle and Pedestrian Facilities 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. Cliff Burnette, Virginia Department of Aviation, briefed the Board on the status of the. Eastern Virginia Aviation System Study. 1 Chairman. Bradshaw, noting that the majority of the sites for the proposed airport. are located in the County, stated he would like to have. a representative from staff or the Board involved in further discussions.. Mr. Burnette noted that- :the .Secretary of .Transportation would welcome arepresentative- from the County being involved in the process. He noted that the County has been. represented. in the past via the Hampton Roads Planning District Commission. .Chairman Bradshaw moved the Board direct the County Administrator to send a letter to the Secretary of Transportation noting the County's desire to have a representative on the study committee. The motion was adopted f . 2 ao~R 19 >a'3~O 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 amend the regular .order of the agenda to consider the Consent Agenda. The. motion was adopted unanimously (5-0). Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through C, and asked ifthere were any items for removal: A. V-STOP Grant Program B. August 1, 2000 Regular. Meeting Minutes Supervisor MacManus moved the Board adopt all items of the Consent Agenda. 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. Regarding the Hampton Roads Partnership, Chairman Bradshaw advised that the County Administrator and Supervisor Claud will .attend a retreat scheduled for this month. Regarding the Hampton Roads Economic Development Alliance, Chairman Bradshaw advised that there was not a meeting held this month. Regarding the Mayors and Chairs Caucus, County Administrator Caskey noted he had provided the Board with a report listing the business items discussed at the. Mayors and Chairs meeting, as well as issues discussed at the SPSA meeting. .Regarding the Southside Mayors and Chairs, Donald T. Robertson, Assistant County Administrator/Director of Human Resources, noted the Work Force Development was the primary topic of discussion. He further noted a regional agreement was developed .and authorization was given to move forward to ensure southside Hampton Roads acts as a cohesive unit. Regarding the Hampton Roads Planning District Commission, Supervisor Claud noted routine business was handled at this meeting. Regarding .the Southeastern Public Service .Authority, County Administrator Casket' noted long-term financing alternatives were discussed and action on this matter is anticipated at their September, 2000 meeting. 3 ao~K ~.~ ~„;-Z~1 He noted a strategic management planning work .session was also. set .for November 9, 2000 to update the strategic plan adopted in October of 1995. 1 Regarding the Western Tidewater Regional Jail Authority, Supervisor Claud noted there was no August meeting held, but a .meeting will be held .next week. Regarding the Western Tidewater Water Authority, Supervisor Claud noted work has begun on the water line that will tie the water line from Suffolk into the County. He noted completion of the project is anticipated in nine (9) months. . Regarding. -the International Paper Advisory Council, Chairman. Bradshaw noted there was no meeting held. // Calvin Jones, Western Tidewater Health District, addressed the Board on the new statewide regulations,effective July 1, 2000 for sewage disposal. // Chairman Bradshaw noted that the County Administrator had to leave the meeting and the Assistant County Administrator would be filling in for Mr. Casket'. // 'J Beryl H. Perry,. Treasurer, addressed. the Board concerning a $900,000 shortfall in revenues.. He stated his office has changed the method by which -the computer system recognizes revenue over the period ending June 30, .2000 to pick up the actual revenues for taxes.. He noted the new method was requested by the County's auditors. He stated he was previously doing this by manual adjustment at the end of the period to adjust- from actual revenues. He stated .June 30, 1999 was phased in and -there is an entry necessary to correct an entry that converted the total assessments to actual revenues for June 30, 1999 which was erroneously listed on the revenue ledger for June 30, 2000. He stated the delinquent tax collections are the only items that are not listed on the revenue ledger which, in the past, have made up for the difference in the uncollected current revenues as shown on .the revenue report.. Chairman Bradshaw noted that where the budgeting process was completed based on. revenues, the Director of Budget and Finance advised the Board that the information previously provided to her by the. Treasurer is approximately $900,000 short of what was expected. He stated. that because the information Mr. Perry previously provided to the Director of Budget and 4 ~~ 90~~ ~9 ~KS~ ~;J~ Finance is $900,000 less than anticipated, this is causing the County to have to re-evaluate its financial position. Supervisor Claud stated he would expect and hope that the Treasurer's. office would implement a procedure where the .Director of Budget and Finance could obtain an accurate status of the County's finances at any given time of the month. Supervisor Bradby expressed a concern that the Board approved a Capital Budget based on figures provided to the Director of Budget and Finance from the Treasurer, but now the Board .'has been informed of a $900,000 shortfall in revenues. He stated he does not know how to respond to citizens when asked about the shortfall. Mr. Perry stated the reporting was consistent with the method in which it was done in prior years, which should be very close to actual collections and what has been used in the past for this calculation, and the revenue ledger should reflect $740,000. coming back in to offset this. Mr. Perry stated he is not confident that the $900,000 is a shortfall and further investigation is warranted. Chairman Bradshaw inquired if the Treasurer would concur with a detailed audit being done to which Mr. Perry responded affirmatively. Supervisor Clark asked Mr. Perry to review the matter over the next several days and determine if there is a $900,000 shortfall. He further asked Mr. Perry if he would agree to meet with the Director of Budget and Finance as to the County'scurrent financial status. Chairman Bradshaw moved the Board. direct the Budget and Finance Director and the County Administrator meet with the Treasurer and present back to the Board as soon. as possible a report. as to the County's current financial status. 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 further moved that the Board direct the .County Administrator and the Director of Budget and Finance to meet with the County's auditors and request an extensive audit be performed of the Treasurer's Department in conjunction with the County's audit. 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. 5 .~. D Jonathan W. Hartley, Director of Planning and Zoning, addressed the Board on informationreceived from the VDOT Resident Engineer in regards to the Jones Creek Bridge on Rescue Road (Route 704). He noted the current bridge is at a height of eight (8) feet and the height design for the proposed bridge has been proposed for seventeen (17) feet. He noted a review of whether fifteen (15) would save significant funds, however, the dif~'erence in cost between fifteen (15) feet and seventeen (17) feet was only $10,000 and so the decision was made to proceed with the seventeen (17) feet. He stated VDOT is requesting a resolution endorsing the proposed plans by the. end of this month and the Resident Engineer will be present at the. Board's September 21, 2000 meeting should the Board wish to address the matter further. Supervisor Glark stated. before .the Board .adopts a resolution in support he would recommend staff advertise that the Board is considering a resolution and seek input from the public. 1 Supervisor Clark .moved the Board. direct staff to advertise a public hearing at the: Board's September 21, 2000. meeting that the :County is considering a formal resolution adopting VDOT's recommendation to expand the bridge to seventeen (17) feet and request citizens to attend who are interested in .addressing the Board on this issue. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the emotion (5-0) and no Supervisors. voting against the motion. Pat Clark of Twin Hill Lane notified the Board that the VDOT Resident Engineer has agreed to speak to the Rescue Community League on September 14, 2000 in an effort to resolve .questions concerning the forms sent back in to VDOT. He stated Mr. Neblett will show the League how. the community will `be impacted. Mr. Hartley presented a request from the Town of Windsor for a traffic. control device at the Windsor Volunteer Fire Department. Supervisor Claud moved the Board endorse the request of the Town of Windsor for a traffic control device to be located at the Windsor Volunteer Fire Department. 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 Bradby moved the Board direct Mr. Hartley to contact VDOT and request that a traffic control device also be placed at the Rushmere Volunteer Fire Department on Route 10. 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/ 6 Chairman Bradshaw called for Citizens Comments.. Jerry Ann Gardner and Mary Alexander, representing the Isle. of Wight Citizens .Association, requested a letter of ..support from the County nominating Ragged Island Creek as an Exceptional Waterway for designation by the Department of Environmental Quality and that it be rt incorporated into the .revised Comprehensive Plan. Supervisor Clark moved that staff incorporate this matter into the Board's .agenda for the.- next meeting and that in the meantime staff be directed. to review .and provide a report. to the 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. Bill Hayes of Battery Park addressed the Board concerning emergency shelter training. Mr. Hayes requested that any post reports on Hurricane Floyd on the evacuation and the opening of the shelters be provided to him. He expressed concern that there. have been no funds allocated for emergency shelters in the community, nor any storage place for cots and blankets. Chairman Bradshaw stated two (2) committees have prepared a follow-up and evaluation on .the process and he requested Mr. Hayes. meet with Mr. Robertson to review the follow-up report prepared on Hurricane Floyd. // Chairman Bradshaw called for the Community Development report. Mr. Hartley presented a summary of long range planning/special projects within the Department of Flanning and Zoning .for the Board's review. Chairman Bradshaw directed Mr. Hartley to meet with Mr. Robertson and Ms. Seward to determine what is necessary to implement Mr. Hartley's request. // Chairman Bradshaw called for the Public Utilities .report. There was no report offered. // Chairman Bradshaw called for the Economic Development report, 7 1 li i ~~ ft Ho~~ 1~ ~~:: ~~J There was no report offered. // Chairman Bradshaw called for the Parks and Recreation report. There was no report offered. // Chairman Bradshaw called for the County Administrator's report. Mr. Demetrios Peratsakis, Executive Director, Western Tidewater Community Services, requested the Board's support in the FY2001 Performance Contract and budget as submitted to the Department of Mental Health. Supervisor Claud moved the Board approve the Performance Contract contingent upon the review of 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. Regarding the issue of the Gas and Electric Utility Tax conversion due to deregulation, the Director of Budget and Finance noted the issue would be brought to the Board at its ..September 21, 2000 meeting at which time she will be requesting the Board's authorization to .advertise it for public hearing at the Board's October 19, 2000 meeting. Mr. Robertson presented a request for $250 to represent the County's pro-rata share of a By the People, For the People Conference. Supervisor Claud moved the -Board appropriate $250 from the contingency fund. ,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 noted the County has applied for a Hazard Mitigation Grant to assist individuals affected. by Hurricane Floyd. He noted a-letter of .approval has been received for a portion of the application and staff is still anticipating the same type of feedback for the Zuni application. Mr. Robertson provided the .Board with an update on mosquito control. He advised that surveillance began last week in the County. which. will continue over a six (6) week period. He noted the population of mosquitoes, the. species of mosquitoes, and whether or not these mosquitoes might carry infectious diseases will be determined. 8 Richard O. Childress, Director of .Emergency Management, reported that the National Weather Service has advised that the Blackwater River is expected to crest one (1) foot over flood stage at 2:00 a.m. this morning. He noted-the City of Franklin is expecting to receive minor flooding, as well as the area of Zuni. He noted the topic of centralized dispatching .was discussed at-the most recent meeting of the Fire .and Rescue Association. He presented for the Board's consideration a resolution adopted by the Town. of .Smithfield requesting that the County. provide funding for personnel and assist in funding an expansion of the Town's dispatch center. He further distributed a copy of a status report for the action plan .for the Hurricane Floyd storm. Supervisor MacManus moved the Board direct the County Attorney to attend the next Fire and Rescue Association meeting to answer concerns with Item #4 (Procurement Act) of the policy resolution adopted by the 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. Supervisor Clark .moved the Board direct Mr. Childress to -get recommendations for the Board's consideration with regard to each fire and rescue location where the need is present for traffic control in conjunction with the Fire and Rescue Association. 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 County Attorney's report. County Attorney Crook reported that he had met .with all County Boards and Commissions which would be affected by the proposed Disclosure Ordinance except the Industrial Development Authority.. He noted that the comment of some members indicated that they did not understand the. new ordinance and that after he explained it to them most were satisfied. Supervisor Claud noted. that. in view of the fact that the County Attorney has not spoken with the IDA members, he would request that the County Attorney speak -with them at their meeting tomorrow and report back to the Board and then the Board can authorize him to advertise the matter for public hearing. County ..Attorney Crook requested authorization from the Board to prepare an amendment for the Board's consideration to the Chesapeake Bay Preservation Area Ordinance dealing with public notice. He stated there are 9 .•. •999: ~~ ~„:'~:J7 1 no provisions in the .Chesapeake Bay Act for public hearings for variances or exceptions. Supervisor Clark moved the Board authorize the County Attorney to draft an amendment to the Chesapeake Bay Preservation Area Ordinance for public hearings and incorporate appropriate fees. 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 advised a joint lease agreement has .been negotiated and forwarded to the Real Smithfield Jaycees and Children's Center for their review. He noted copies of the lease, would be forwarded to the. Board for its consideration. at its September 21, 2000 meeting. County Attorney Crook ..stated he has. not heard from Charter Communications regarding the proposal he forwarded.. He stated Supervisor Claud had suggested that a provision be added to the agreement that Charter. Communications would .serve areas of less density. He noted he would. revise the Charter Communications agreement to include Supervisor. Claud's recommendation that a provision be added than Charter will serve areas of less density. He requested other Board members to forward to him their suggestions for incorporation in the proposal. County Attorney Crook notified the Board that the next meeting with AES will be September 21, .2000 in his office and he would .advisee the Board members in case they wished to attend. County Attorney Crook noted the. Commission on Local Government gave its favorable report on the Windsor annexation. He stated the process is now a petition to the court for approval which may require the Board and the Windsor Town Council again- confirming the agreement which has already been signed by both parties. County Attorney Crook noted he had several other matters for closed session later in the meeting. // Chairman Bradshaw called for Old Business. 1 A. An Economic Development Policy and Procedure to Govern. A Business Recruitment Campaign Entitled Wanted-New Business Investment-Reward Patrick J. Small, Director of Economic Development, requested the Board's approval of the Economic Development Policy and Procedure to Govern A Business Recruitment Campaign Entitled Wanted-New Business Investment-Reward. 10 9~~K ~~ iN''J~V Supervisor. Bradby moved the :Board .approve the ~ Economic Development Policy and Procedure to Govern A Business Recruitment Campaign Entitled Wanted-New Business Investment-Reward. 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. Incentive Policy Mr. Small presented an Incentive Policy for the Board's consideration. He noted Item 2, Section G, has been added which allows the Board to provide incentives for companies that may not meet the County's capital investment criteria, but which pay wages in excess of the average County wage. County Attorney Crook suggested rewording #2 the second line after the word "determine" "the Director of Economic Development acting on behalf of the Authority shall determine for recommendation to the Board and the IDA the need to provide incentive funds". Under Item C, Supervisor Claud recommended "creates a base of at least twenty-five (25) new full- time..." County Attorney Crook suggested rewording Section C, #1, 2 and 3 to delete "A" after above and insert "the said." ~, .Supervisor Claud moved the Board approve the amendments as stated above. 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 establish a committee to work with the County Attorney regarding use guidelines for Historic Boykin's Tavern. Supervisor MacManus moved the Board approve . the recommendations .with the County Attorney serving as the Chairman. 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 notified the Board that the Smithfield Town Council suspended its approval on the commercial property located on the northeast corner of Nike Park and Battery Park Roads. // Chairman Bradshaw called for New Business. 11 r•, Supervisor, MacManus stated during the joint Planning Commission meeting, examples were presented concerning the proffer system. He stated he was impressed with Hanover County's resolution. 1 Supervisor MacManus moved the Board direct staff to prepare a proffer system resolution with the Hanover County resolution being used as an example. 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 requested the Director of Public Utilities provide the Board with feedback on the meetings with the State regarding fluoride levels. Chairman Bradshaw moved the Board direct staff to have the issue placed on the agenda for the Board's October 5, 2000 meeting. The .motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting iri favor of the motion (5-0) and no Supervisors voting against the motion. // 1 Chairman Bradshaw called for Appointments. There were no nominations for appointments made. // County Attorney Crook requested a closed session .under Section 2.1- 344 AS of the Freedom of Information Act concerning three (3) matters involving location or expansion of industry that have not been previously disclosed; two (2) matters under Section 2.1-344 A3 involving acquisition or use of public property where public disclosure could adversely affect the County's negotiating position; under Section 2.1-344 A7 involving an existing contract and the discussion concerning it which would impact the renewal of that contract and/or other alternatives the County may have; and under Section 2.1-344 A7 involving potential litigation for advice of counsel. 1 Supervisor Clark requested a closed session under Section 2.1-344 A7 of the Freedom. of Information Act concerning potential litigation requiring advice of counsel. Mr. Robertson.requested aclosed session under Section 2.1-344 Al of the Freedom of Information Act concerning two (2) personnel matters. Supervisor MacManus moved the Board enter closed session for the reasons .stated. The motion was adopted with Supervisors MacManus, 12 Eu~K 1~3 ~ti.;~ 4(~0 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, WHEREAS, 2.1-344.1 D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed .meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors: VOTE AYES: 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 Attorney to take legal action on the zoning violation as 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. 13 ,. At 5:50 p.m., Supervisor Bradby moved the. Board adjourn. The motion was adopted unanimously (5-0). hilli .Bradshaw, Chairman W. Dou as skey, Clerk 14