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11-06-2000 Regular Meeting a~^K 19 ~,: X02 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF NOVEMBER 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., CountyAttorney 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. // Chairman Bradshaw called for .Special Presentations. Chairman Bradshaw presented a Resolution of Appreciation to Ludford T. Creef, III for his years of service to the County .that was adopted at the Board's previous meeting. Supervisor Bradby thanked Mr. Creef for his foresight in developing a convenience center in the Wrenn's Mill Estates Subdivision that has been an asset for the area. Chairman Bradshaw presented to. David G. Carroll a Resolution to Recognize and Congratulate David G. Carroll for Achieving the Rank of Eagle.. Scout. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE AND CONGRATULATE DAVID G. CARROLL FOR ACHIEVING THE RANK OF EAGLE SCOUT .WHEREAS, David G. Carroll is a member of Boy Scouts of America, Troop 7 in Isle of Wight County, Virginia; and, WHEREAS, Mr. Carroll has achieved the rank of Eagle Scout; acrd, 1 r•. WHEREAS, Mr. Carroll designed and constructed a peacock cage at historic Fort Boykin as his Eagle Scout project; and, WHEREAS, the peacock cage will provide a safe haven as well as a place for the peacocks to hatch their chicks; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate David G. Carroll for his achievement. NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight County, Virginia that David G. Carroll is recognized and congratulated for achieving the rank of Eagle Scout. 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 formally introduced Donald Long, the new Public Works Director. Lieutenant George Shannon, Department of Game and Inland Fisheries, briefed the Board on the regulations for No Wake Zones. .Supervisor MacManus moved the Board direct .staff to arrange a meeting with Virginia Institute of Marine Science (VIMS) so as to obtain information on where No Wake .Zones. would be most beneficial to 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. Supervisor Clark indicated a desire to be included in the meeting between staff and representatives. of VIMS. // Chairman Bradshaw indicated the following. Consent Agenda- included Items 2, A through C, and asked if there were any items for removal: A. Western Tidewater Community Services Board Recognition B. Proclamation Declaring November 15, 2000 as GIS Day C. October 5, 2000 Regular Meeting Minutes Supervisor Bradby moved the Board adopt all items of the. Consent. Agenda.. The .motion was adopted with Supervisors MacManus, Bradby, 2 Pnn~ ~ ~ .h.;-~Q4 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 reported that there was no meeting held. Regarding the Hampton Roads .Economic Development. Alliance,. Chairman Bradshaw noted that the Director of Economic Development attended the meeting on his behalf. No report was offered.. Regarding the Mayors ,and Chairs Caucus, Chairman ,Bradshaw requested the County Administrator provide copies of information distributed at the meeting to the individual Board members. Regarding the Southside Mayors and Chairs, Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, reported that the topics of workforce development and State revenues, specifically the State's ability to meet its obligations, were discussed. Mr. Robertson noted under the car tax, the major impact will be felt in transportation. Chairman Bradshaw requested the County Administrator provide the individual. Board members with a copy of the. State revenue report. N ~i u Regarding the Hampton Roads Planning District Commission,: Supervisor Claud reported that the number of elderly citizens in Hampton Roads is increasing. He noted that a presentation was also provided on proposed wetlands regulatory changes. . Regarding the Southeastern Public Service .Authority, Supervisor MacManus reported that no meeting was held. Regarding the Western Tidewater Regional Jail. Authority, Supervisor Claud reported that only routine business was discussed. Regarding the Western Tidewater Water Authority, Supervisor Claud reported that construction has begun on the water line along Route 17 that is ...anticipated to be complete in early Spring. He further. reported that Dana Dickens (Suffolk) was elected Chairman of the. Authority.. Regarding the .International Paper Advisory Council, Chairman Bradshaw. reported that no meeting was held. Regarding the Hampton Roads Inter-Regional Visit, Supervisor Claud reported that the San Diego light rail system was highlighted. He noted .that 3 .: 9~~~ ~~ ~~::~505 the California State government grants localities a high percentage of sales tax for transportation needs.. He noted no decision has been reached regarding issues with the local airport (San Diego). He also reported that he had an opportunity to visit a Cost Plus store located in San Diego and that a binder containing the discussion. materials would be shared with .interested Board members. // Chairman Bradshaw called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, referred to correspondence contained in .the agenda for .the Board's information concerning truck restrictions on the Rescue Bridge (Route 704). Mr. Hartley distributed an update of the status of the various VDOT issues/projects. He notified the Board that the quarterly meeting with VDOT scheduled for November 6, 2000 at 2:00 p:m. has been rescheduled to November 20, 2000 at 10:00. a.m. He advised that regarding the longstanding issue of the turn. arounds on the James River Bridge, the City of Newport News has indicated an interest in the concept of a variable message board. He further advised that regarding the mail boxes along Route 258, the culverts are to be extended in each driveway to create a pull- off and VDOT has proceeded. to reditch the areas to accommodate the drainage pipes. Mr. Hartley noted VDOT will typically install the pipe for property owners if they purchase the pipe. He advised there are ten (10) .property owners at approximately $40 per household... Mr. Hartley also advised the Resident Engineer has met with Mr. Diggs regarding Muddy Cross Road and staff is now researching information for VDOT. He requested that the Board consider adding the issue of maintenance of ditches to the County's legislative list. Supervisor MacManus moved the Board direct staff. to bring up the issue of bicycle lanes along primary and secondary roads with VDOT. 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 allocate the necessary funds for the relocation of certain mail boxes along Route. 258. 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 moved the Board direct staff to communicate with the Transportation .Safety Committee on the issues presented with .regards to transportation and that a status update be provided. The motion was adopted with Supervisors. MacManus, .Bradby, Bradshaw, Clark and 4 so~F 1~ :~; 5G6 Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradby noted a concern with the maintenance of ditches outside of the VDOT right-of--way in the Central Hill area. Supervisor Bradby moved that the -Board direct staff to include the issue of maintenance of ditches .outside of VDOT` rights-of way on the County's legislative priority list. 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. Hartley formally introduced Jay Randolph, the County's newest Planner, to the Board. // Chairman Bradshaw called for Citizens Comments. Grace Keen reported that a tree in honor of each kindergartner has been planted at the individual elementary schools. She further reported that VDOT has advised it will plant ten (10) trees in honor of each school in the County along the median near St. Lukes. She inquired if the County has pursued a grant to clean up the Tyler's Beach area.. She discussed. the issue of delinquent tax collection costs, noting the high figure paid to .the delinquent tax attorney in the month of October. Pat Clark advised that a .grave with a marble slab has been found on the "Springfield Farm" andrequested that the Historical Society determine the exact location of the grave for preservation purposes. He also noted that the goals and objectives of the draft Comprehensive Plan Update still need attention and requested that a moratorium be placed on new subdivisions that do not already have a master plan approved.. Reverend. Dan Gray, Pastor of the Calvary Baptist Church, noted opposition to the religious practicing of the Pagans in the County. Mary Lyons noted opposition to the religious practicing of the Pagans. Nancy Guill referenced the recent violation than occurred at the Hutchins property and inquired if staff had the authority to issue a Certificate of Occupancy to .the Hutchins.. She further inquired if staff imposed any -other consequences on the Hutchins. Thomas Finderson distributed a picture of a BMP in the Gatling Pointe South Subdivision and raised his concerns with safety factors. He also noted there are a number of lots that do not have silt fences., in place. He also noted concern with the Certificate of .Occupancy for the Hutchins 5 r,, ~~~~~~ 19 r.:;~507 e property because of the violation with the 50' buffer requirement. He distributed a letter sent to DEQ referencing the Eagle Harbor permit which contains County issues that. should be inspected when the site plan comes up for approval. // Chairman Bradshaw called for the Community Development report. Mr. Hartley presented the proposed revisions to the State's Chesapeake Bay Preservation Area Designation and Management Regulations. He noted: there will be a public hearing by the Board at its November 16, 2000 meeting. He further noted that CBLAD is interested in having these regulations adopted prior to the next legislative session and a special meeting has been scheduled for December 20, 2000 with the intent of considering the adoption of these regulations. 1 Supervisor MacManus moved the Board direct staff to develop appropriate fees for further consideration by the Board, in consultation with the County .Attorney, that, reflect the actual County staff costs of the existing andproposed regulations under the Chesapeake Bay 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. Supervisor MacManus further moved that staff proceed .with incorporating the proposed CBLAD .regulations into the draft Comprehensive Plan at this .point in time. The motion was adopted with Supervisors Macl~lanus, 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 staff to invite Michael Clower to the Board's December 7, 2000 meeting to address the issues of new environmental regulations, water quality impact assessment and miscellaneous questions with regard to CBLAD and how the County can communicate with CBLAD.. 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 presented the Non-Tidal Wetlands regulations developed by the Virginia Department of Environmental Quality (DEQ) for the Board's information. Supervisor- MacManus moved the Board direct staff to .include .the non-tidal wetlands regulations as part of the County's legislative package so as to address the issue of the understaffing of DEQ to be able to enforce these regulations. The motion was adopted with Supervisors MacManus, 6 Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Regarding the issue of the County's current procedure concerning single family building sites, Mr. Hartley referred to a two-part proposal allowing the County to require a more standardized requirement for information to be submitted. ' County Attorney Crook advised that he has not reviewed, the proposal and would like an opportunity to do so for the legal requirements before the Board considers it. Supervisor Claud moved the Board table consideration of the matter until the December 7, 2000 meeting. to allow the Board members additional time to evaluate and confer with staff on any questions .and concerns. 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. Hartley referred to technical reports received on drainage concerns on Newbill Lane contained in the agenda for the Board's information. Supervisor MacManus stated the minutes of the previous meeting indicated that the Board concurred that there should be nothing more than natural rainfall. He stated all reports indicate, that there is a four (4) inch drain line which is-contrary to the Board's previous guidance.. He stated the Board also indicated that if there was anything less than natural rainfall going into the ravine from the Hutchin's property then that situation should be remedied. Supervisor MacManus inquired if the County. has already issued a permanent Certificate of Occupancy. Mr. Hartley replied `des" that he was advised by Mr. Hutchins that if he was unable to obtain a final Certificate of Occupancy that he would have to declare bankruptcy because he was working on a construction loan that was coming to the limits of the. term of that loan. Mr. Hartley stated if the Board wanted him to approach Mr. Hutchins about moving the drain line he would do so. Supervisor MacManus stated that all three (3) .engineers have indicated that there is runoff from the Hutchin's property onto. the Hart property and the Board action, at its .last meeting, had stated that there would be that condition. He stated the proper remedy would be to return he ravine back to its natural condition, as well as remove the drain from feeding into the ravine. Supervisor Clark moved the Board direct staff to .hire the services of the County's. engineer, R. Kenneth Weeks & Associates, to conduct an independent evaluation of the drainage situation and the ravine between the 7 9oc~r. •~. l ~..,~ ~~~ Hart and Hutchins, properties utilizing the guidelines that were established in the September 21, 2000 meeting, not as stated in the minutes, but as stated on the tapes where the Board was looking at no drainage outside normal rainfall, with a remedy to correct the situation as it exists and report back to the Board at its December 7, .2000 meeting. Thee 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. . Beverly Walkup, Senior Planner, advised that a $700,000 grant had been funded for the Comprehensive Community Development project. She presented a contract between the County and K. W. Poore & Associates fog management consulting services for the Board's consideration. Supervisor Claud moved the Board approve the contract between the County and K. W. Poore & Associates and authorize .the County Administrator to sign it on behalf of the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion. (4-0) and no Supervisors voting against the motion. Supervisor Clark was not present for the vote. Mrs. Walkup presented a contract .between the County and Denise Stokes for housing counselor services for the Comprehensive Community Developmentproject for the Board's consideration. Supervisor Bradby moved the Board approve the contract between the County and Denise Y. Stokes and authorize the County Administrator to sign it on behalf of'the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting. in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Clark. was .not present for the vote. // Supervisor Claud moved the Board take a five (5) minute recess. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, provided the Board with its monthly update on the fluoride issue. He stated the Board previously allocated $25,000 to the Department this year to upgrade a sewage pump station. and he is requesting the .Board reallocate the $25,000 to begin studying fluoride in greater detail. He noted that the. # 10 sewage pump station will not suffer from not spending the money this year, He was requested to provide the Board with a copy of the RFP before approval. 8 . _ 9~"~ ~~ •r.~510 Supervisor MacManus moved the Board direct staff to provide a copy of the RFP to the Board for its perusal before sending out the RFP. 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. Rountree distributed a copy of a memo dated November 2, 2000. { from Paula Herrmann to him providing a status report on the Windsor sewer ' connection list -10/30/00. // . Chairman Bradshaw called for the Economic Development report. Brooke Hardin, Research Specialist, provided the Board with an update on the timeline received from the general contractor on the Cost Plus distribution center. // Chairman Bradshaw called for the Parks and Recreation report.. Alan S. Nogiec, Director of Parks and Recreation, noted a report will be included in the Board's agenda at its November 16, 2000 meeting on the status of the property transfer for the Camptown Park (proposed Route 260 .Connector alignment). // Chairman Bradshaw called for the County Administrator's report. .Richard O. Childress, Director of Emergency Management, offered no report. Chairman Bradshaw requested. that the Director of Emergency Management be listed as a separate department in the agenda, after the Parks .and Recreation section. Mr. Childress presented a request to appropriate funds. for the purchase and .installation of the Hampton. Roads Emergency Management Committee (HREMC) radio system. Supervisor MaclVlanus moved the Board appropriate $6,000 for the. purchase and installation of the HREMC radio system. (50%'to come from the Contingency Fund and 50% to come from the E-911 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. 1 9 ,: ,~ ao~~~. 1.~~ -.:511 Supervisor Clark moved the Board adopt the following resolution: Resolution to Accept and Appropriate Grant Funds From the State Department of Health EMS Development Block Grant Program WHEREAS, the .Board of Supervisors of the County of Isle of Wight, Virginia has received grant funds .from the State Department of Health for EMS Development Block Grant;. and, WHEREAS, the funds in the amount of one thousand dollars ($1,000) or as much as shall be received from the Department of Health need to be appropriated to the appropriate line item in the FY2000-01 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County. of Isle of Wight, Virginia that one thousand dollars ($1,000) or as .much as shall be received from the State Department of Health be appropriated to the appropriate line item in the FY2000-01 Operating Budget of the County of Isle of Wight. D 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, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Mr. Childress noted the expansion project for the Carrsville Volunteer Fire Department began last week. He stated because of the presence of unsuitable soils, a soils engineer has been contacted to make recommendations. He presented two (2) .scenarios from the contractors, as follows: l) change order in the approximate amount of $7,000 increase in the contract, 2) change order in the approximate amount of $55,000.. Noting that the contractor wi l be wanting guarantee of payment of funds, he would recommend that the Board. take action on allocating the worst case scenario at this point. Supervisor Clark moved the Board authorize staff to have work performed on the soil excavation in the sum of $55,000 (worse case scenario) and that. the County Attorney give review to the. issue of liability for this new finding: 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. 10 +~, aoc~~ 1~) r,.::~512 County Administrator Caskey recommended. the Board authorize approval of the Virginia Department of Transportation Enhancement Grant Agreement for the Boykin's Tavern renovation project. Supervisor Claud movedthe Board authorize approval of the $535,000 Transportation Enhancement Agreement for Project Development and Administration, subject to review and approval as to form by 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. County Administrator Caskey .noted the Southeastern Public Service Authority (SPSA) has recommended that each member jurisdiction forward correspondence to private waste haulers advising that. SPSA staff and County staff propose to evaluate financial .options available by which some of these activities may be carried on in a more. efficient manner. He ' requested the .Board authorize him to forward the draft letter contained in the agenda to the private haulers providing such service to the County. Supervisor MacManus moved the Board authorize the County Administrator to forward appropriate correspondence to .the private waste haulers serving Isle of Wight County requesting gross receipts information,. with input as provided by him to the County Administrator. 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 a .request from the Branch Manager Carrollton Public Library of a staff position being transferred from part-time to full-time. Supervisor MacManus moved the Board direct .staff to send the request. of the upgrade of personnel to the School Board for its review and input. Thee 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 Citizens Advisory Committee. for 2001 Redistricting, County Administrator Caskey distributed information received from the Registrar. Supervisor Clark moved the Board appoint ten (10) members (two (2) from each election district); three (3) members from the Electoral Board; and, three (3) staff members with the primary mission of the Committee to explore alI options and bring back to the .Board all options, pro and con, for redistricting in 2001. It was noted the Committee may need to meet as early as December. .The motion was adopted with Supervisors MacManus, 11 ,•. 1 e~~~~ 1~~~ :.:~ 513 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 2001 legislative priorities, Mr. Robertson was directed to do the following: Supervisor Claud requested centerline striping of all secondary roads be included for public safety reasons. .Chairman Bradshaw requested staff to have a separate transportation package, to include the issue of the maintenance of ditches outside of the VDOT right-of--way, and that this be presented to the County's legislators .and then the Board meet with the Commonwealth Transportation Board. Primary issues to be included in the County's legislative list are as follows and Mr. Robertson was directed to provide the Board with a draft list at the Board's November 16, 2000 meeting: . .Supervisor MacManus requested the issue of "Local Cigarette Tax" be changed to "Local Tobacco Tax." and. that most of the emphasis be .placed on this issue. (It should. be noted that the State Code specifically refers to a cigarette tax for localities, there is no enabling legislation for a tobacco tax.) Supervisor MacManus requested Mr. Robertson to check with the Sheriff to determine what position the Sheriff's Association has taken on the issue of .the number of deputies the Sheriff's . Office receives that is based on population and area of coverage. Supervisor. Claud requested that removal of the cap for the E- 911 tax be included on the list. 1 Supervisor- Clark. requested that the: issue of Adequate Public Facilities be included on the list. Supervisor Claud requested that a utilities tax exemption for churches be included on the list. Chairman Bradshaw requested Mr. Robertson develop appropriate language for the CSA to be passed on to the County's legislators to keep them informed. Supervisor MacManus requested the School Board select on two (2) priorities. Chairman Bradshaw suggested teacher's salaries 12_ be the school's first priority and the funding of the SOQ positions. Supervisor MacManus moved the Board direct staff to set up a breakfast meeting between the -Board and :local representatives of the Commonwealth Transportation Board on November 28, 2000 at 8:00 a.m. Arrangements to be made by staff regarding :location. 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 set up a meeting between the Board and the County's Legislative: Delegation on December 8, 2000 after the Chamber's "State of the County Breakfast" meeting and that arrangements for the location are to be made by 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. County Administrator Caskey noted the Board Retreat would be held on Saturday, January 20, 2001 at the Smithfield Conference Center. Supervisor Claud requested that the issue of the CIP, as it relates to certain priorities/allocation of funding, etc. be placed on the Board Retreat agenda. County Attorney Crook advised he could not be present at the Board Retreat, but his Assistant would attend on his behalf. Supervisor MacManus recommended that awell-defined agenda be prepared providing for a facilitator. with timeframes associated with each .issue to be discussed. Chairman Bradshaw requested the County Administrator and Assistant County Administrator define the specifics the Board wishes to cover.. Anne F. Seward, Director of Budget and Finance, advised .that the County's contract for .data processing support services far DBS system terminates on December 16, 2000. She stated staff has performed feasibility studies and recommends that the County transition to a joint internal data processing. department with the County's school division to provide those services and expand upon the data processing services that are provided to the County and the schools. She advised than the County's DP support vendor has agreed to a contract extension through June 30, 2001 with a monthly provision for services thereafter, as may be needed. .She requested the Board approve the provisions, as listed in the Board Report contained in the agenda.. D 13 f t. ! ^ 90~~ 1~ -~~' 515 1 Supervisor Claud moved the Board authorize the following to facilitate the transition of data processing- support services to an internal. department within the County: transition of data processing support service, to an internal service department to be effective July 1, 2001. negotiation for the extension of contracted data processing support services with the County's vendor to June 30, 2001 with a monthly provision or services needed thereai}er. hiring of two (2) data processing support positions for the County's DBS system to facilitate the transition of data processing support services to an internal department effective July 1, 2001. 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. Beryl H. Perry, Treasurer, presented the Board with a list of delinquent taxpayers.. He stated a list: has been. sent for advertisement containing approximately 200 parcels. Supervisor Clark moved the Board fist all delinquent taxes as of June 30, 2000 in The Smithfield Times .and the Tidewater News and that such publication occur by January 1, 2001. 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 .noted that the Boykins Tavern Guidelines Committee met and discussed the policy guidelines for the use of Boykin's Tavern and that these regulations would be forwarded to the members for their comments. He noted another meeting would be held to finalize the regulations. County Attorney Crook advised he had several matters for closed session later in the meeting. l/ Chairman Bradshaw called for Old Business. 14 ~o~A 1~ -~;~5~.6 Upon inquiry from. Supervisor MacManus regarding a meeting with Charter Communications, .County Attorney Crook was again requested to schedule a meeting as the previous scheduled meeting had to be cancelled due to conflicts in schedules of participants. Following .inquiry from Supervisor MacManus on the issue of .Windsor Woods, Supervisor Claud moved the Board direct the Director of Planning and Zoning to contact the applicant and request that he meet with the citizens prior to .the upcoming Planning Commission 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. Following inquiry from Supervisor MacManus regarding Mr. Hartley's promise to provide a more detailed briefing on the proposed regulatory. actions associated with CBLAD, Mr. Hartley stated .the information provided in the agenda .covers the actions and no additional information is anticipated to be forthcoming. Regarding .the issue of the Comprehensive Plan and its schedule for compliance, Supervisor MacManus moved the Board amend the Board's November 16, 2000 meeting schedule. to reflect that the meeting -will begin one (1) hour early at 5:00 p.m. for the purpose of discussing two (2) chapters of the Comprehensive Plan and working through the significant issues of the Plan. This same early meeting schedule will also apply to future Board meetings. 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 forward a letter to the Towns of Smithfield and Windsor requesting their input on the Comprehensive Plan back to the Board by its December 7, 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 Claud inquired if the County .Attorney was prepared to address the issue of the amendment to the County's Personnel Policy. County Attorney Crook advised he had forwarded a -copy. of the amendment to the Board members for their review and comments. The Board .members indicated no issues or concerns to the amendment as . proposed. Supervisor Claud moved the Personnel Policy be amended. as proposed. 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. ~I ~' ;. 1 15 T', ~ ~ 9~~~~. 1~ .::517 u Supervisor Claud. further moved that all employees transferred from the School Board, Social Services and Constitutional Officers since January 1, 1996 begin accruing leave as of the adoption of this, 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. County Administrator Casket' distributed copies of the County's FY2000-2001 Annual Financial Plan for the Board's review. Mr. Casket' recognized Anne Seward, Kelly Holland: and Marian Sowers for their contribution to this effort. Supervisor Clark moved the Board table acceptance until the Board's November 16, 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. Chairman Bradshaw inquired about the status of the Capital Participation :for Volunteer Fire gild Rescue Departments. 1 County Attorney Crook .advised. he needed to prepare another resolution to adjust paragraph #4. Regarding the issue brought up earlier by Pat Clark during Citizens Comments regarding an .unmarked grave, Chairman Bradshaw moved the Board direct the County Attorney to send a letter to the property owner with regards to an unmarked grave on the Ragged Island 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. Regarding the desire of certain citizens for a moratorium to be placed on new subdivisions, Chairman Bradshaw moved the Board direct the County Attorney to review the moratorium process with regards to new development. 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. Following inquiry from Chairman Bradshaw, County Administrator Casket' advised that a new speaker had been installed in the hallway at the rear of the Board Room. He noted -staff will explore the .feasibility of installing additional speakers on the wall in the back of the room. /I Chairman Bradshaw called for New Business. 16 ~I l Chairman Bradshaw advised that he has met with the Sheriffregarding certain concerns of citizens regarding the Pagans. He noted he will provide information to the County Administrator to distribute to the Board regarding the findings of the Sheriff He requested the County Administrator provide a copy of this information to Reverend Gray and the County Attorney. Supervisor. Bradby advised the County has 50% of the funds (Water Quality .Improvement Fund) needed to construct the boat dock at Tyler's Beach and staff is searching for additional funds (through the Corps of Engineers) to complete the project. Regarding the issue of the BMP .located in Gatling Pointe South mentioned by Thomas Finderson during Citizens Comments, Supervisor Clark moved the Board direct staff to request East West Partners to fence off the BMP area. 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. Following Supervisor .MacManus' comments that there is indication that the water. pressure is degrading in the Gatling Pointe Subdivisions, Supervisor MacManus moved the Board direct staff to investigate the water pressure in the Gatling Pointe South Subdivision and report back to the Board and .whether there is a remedy required as far as a second booster pump to be brought in as part of the development. 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 central dispatch, Supervisor MacManus moved the Board direct staff to prepare. an RFP to bring on an independent technical consultant to put in place a permanent long-term solution for central dispatch. 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 E-911 tax, Supervisor MacManus moved the Board direct staff to prepare an amendment to the County's ordinance to increase the County's E-911 tax from $1 to $3 per month in light of the Central Dispatch Committee's report to the Board that provides an extensive and expensive system for the long-term solution. Staff is to work in conjunction with the County Attorney. to propose an amendment to the ordinance. 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 Capital Improvements Plan, Supervisor MacManus moved the Board's Finance Committee meet with the three (3) representatives of the Planning Commission's CIP Committee and review the input and .request for the CIP as an alternative to having to send. it to the 17 r; Planning Commission and having public hearings as a way to speed up the process and ensure that the County still ends up with a product reflecting the Planning Commission's special task team. 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 Appointments. Chairman .Bradshaw requested Mr. Robertson bring a recommendation for the replacement of Arthur Allmond on the Youth Services Advisory Board. Supervisor Clark moved the Board reappoint Malcolm (Pat) Clark, representing the Newport District, on the Commission on Aging. The motion was adopted unanimously (S-0). Chairman Bradshaw requested Mr. Robertson determine the need to advertise the vacancy on the Western Tidewater Disability Services Board in the newspaper. // .County Attorney Crook requested a closed session under Section 2.1- 344 Al of the Freedom of .Information Act concerning employment of two (2) personnel; under Section 2.1-344 A3 concerning five (5) matters of acquisition of real property for public purposes where discussion would adversely affect the bargaining position of the County; and, under. Section 2.1-344 A7 concerning four (4) matters of consultation .with .counsel and advice of counsel concerning actual and probable litigation. Supervisor Bradby moved the Board enter closed session for the reasons stated. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion (4-0-1) with Supervisor Clark absent and no Supervisors voting against the motion. Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: 1 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, gnnr 1~ -,;;~~~Q 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 and Claud NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 0 The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion (4-0-1) with Supervisor Clark absent and no Supervisors voting against the motion. Supervisor MacManus moved the Board direct the County Attorney to review staff hiring policy and bring back a recommendation to the Board at its November 16, 2000 meeting. The motion was adopted (4-0-1) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion, Supervisor Clark absent and no .Supervisors voting against the motion. // At 7:32 p.m., Supervisor Bradby moved the. Board adjourn. The motion was adopted unanimously (4-0). '?h' p A: Bradshaw, .Chairman 19