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02-15-2001 Regular Meeting.•. 9~~~ 2~ ,,::~ 5~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISbRS HELD THE FIFTEENTH DAY OF FEBRUARY IN TI-~ YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman _ Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus Phillip A. Bradshaw 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 Bradby called the meeting to order at 5:00 p.m. and delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Bradby called for Special Presentations. Sheriff C. W. Phelps addressed the Board on the TRIAD Program. which is designed to reduce the crime victimization of elderly persons and enhance delivery of law enforcement services to older citizens. He stated with- continued financial support from the Board, the TRIAD Subcouncil plans to host a senior conference this June for 400 seniors. Grace Keen, member of the TRIAD, distributed a copy of the original agreement approved by the Board in 1999. She requested the Board allocate $3,000 this year to help sponsor the conference and provide smoke detectors for senior citizens that do not have them in their homes. Supervisor Claud moved .the Board appropriate $3,000 .from the contingency fund for the projects as requested. 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. Rick Underhill, URS/Greiner Corporation, briefed the Board on the Water Quality Impact Assessment for the Eagle Harbor development. The Board requested Mr. Hartley follow-up with Mr. Underhill relative to prior comments on this matter: received from CBLAD. 1 ~. e~~~ 20 r~.;. 60 Mark Emmett, Charter Communications,- reported. on the cable construction progress. He noted he anticipates the Smithfield ~ rebuild up Route 10 to be completed by the end of the year and that work will begin in the Windsor area in July. Supervisor MacManus requested additional information on a node light-off schedule and that this information. be placed on the County's web site notifying interested .citizens. Supervisor Bradshaw stated there is a larger customer base in Isle of Wight County. than in the. City of Franklin and he requested Mr: Emmett to remind Frank Staley, General Manager, of the question regarding the feasibility of Charter opening a business office somewhere in -the Smithfield area. // Chairman Bradby indicated the following Consent Agenda included Items 2, A through M, and asked if there were any items for removal: A. Resolution to Accept and .Appropriate Grant Funds From the Walmart Grand Opening Environmental Grant " Program B. Historical Interpretation Committee Plans for Boykin's Tavern C. Project Management of Boykin's Tavern D. Lease with Town of Smithfield -Jersey Park Facility E. Battery Park Bulk Water Purchase F. Smithfield Foods Water Withdrawal Permit Application G. Dominion Virginia Power Contract/2001 Assessment. H. Thomas. Park Community Sign I.. Route 460 Richmond to Norfolk High Speed Rail Corridor Study J. Transportation Matter -.February 15, 2001 } K. Delinquent Real Estate Tax Collection Monthly Report L. January 4, 2001 Regular Meeting Minutes " M. January 18, 2001 Regular Meeting Minutes Supervisor MacManus noted the Board. may wish to discuss Item E further concerning the Battery Park Bulk Water Purchase under New Business and that he would like additional information relative to Item (F) pertaining to the Smithfield Foods Water Withdrawal Permit. He further noted that he .would be abstaining from voting on the matter of the ..Dominion Virginia Power Contract/2001 Assessment. Supervisor.: Claud moved the Board remove the matter of the Dominion. Virginia Power Contract/2001 Assessment and adopt the Consent Agenda with the corrections to the minutes, as follows: 2 ,~ Supervisor MacManus requested that "158,000" be changed to "128,000" in the last .paragraph on Page 19 of the January 18, 2001 minutes. 1 Supervisor MacManus requested that "30,000" in .the second paragraph be changed to "40,000" on Page 25 of the January 18,. 2001 minutes. Supervisor Bradshaw requested that the sentence "Attorney Riddick indicated he concurred with Supervisor MacManus" be deleted from Page 15 of the January 4, 2001 minutes. . Supervisor Bradshaw requested that "Chairman Bradshaw" be changed to "Chairman .Bradby" in the fifth paragraph on Page 19 of the January 18, 2001. minutes. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. ~~ Supervisor Claud moved the Board approve the issue of the. Dominion Virginia Power Contract/2001 Assessment. The .motion was adopted with Supervisors Bradby, Bradshaw, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and, Supervisor MacManus abstaining from voting on the motion. // Chairman Bradby called for Regional Reports. Regarding the Mayors and Chairs Caucus, Chairman Bradby reported that the General Assembly was the main topic of concern. 1 Regarding the Hampton .Roads Planning .District Commission, Supervisor Claud reported that. John Whaley (HRPDC) has projected that the year 2001 .will remain slow for the regional .economy. He further reported that a presentation on an economic development model was given that provided data regarding a hypothetical new business moving into the area and the ability for comparing salaries and available number of employees and skills. in particular areas. He noted copies would be made. available to interested Board members. ..Regarding the Southeastern Public Service Authority (SPSA), Supervisor MacManus reported that an advisory group has been formed to review the feasibility of selling the RDF and power plant. He noted that VEEPS is challenging the operation of SPSA. He further noted that letters that were recently sent to waste haulers requesting revenue were returned 3 +c. UJC~~ NV N hC'• ~~.Y noting that they did not have to provide the .requested information due to their interpretation of the law. He noted that the matter 'would be reexamined by SPSA. R di t e egar ng he West rn Tidewater Regional Jail .Authority, Supervisor Claud reported that the General Assembly was discussed. He noted that a Bill was proposed that. would affect the revenue stream for the jail and that staff had sent a request to our General Assembly members asking them to not pass on this legislation. Regarding the Western Tidewater Water Authority, Supervisor Claud noted that a meeting is scheduled for Friday, February 16, 2001. Regarding the Virginia Coalition of High Growth Communities, Supervisor Claud noted that Resolution 671 would place all growth control issues in a study. He .noted that efforts are underway .to ensure that local governments have appropriate representation. // Supervisor Bradshaw moved the Board amend the order of the agenda in order to hear from the County Attorney regarding what can be done for the victims of Hurricane Floyd. The motion was adopted unanimously. (5-0). County Attorney Crook stated he has matters relative to this issue which qualify for closed session for advice of counsel. He stated these matters need resolution before making a public statement Supervisor Bradshaw suggested that the Board proceed with Transportation Matters and take the matter up after Citizens Comments. // Chairman Bradby called for Transportation Matters.. Jonathan. W. Hartley noted included in the Board's agenda is the Primary and Secondary Road Fund (Revenue Sharing Program) for Fiscal Year 2001-2002. Supervisor Bradshaw moved the Board authorize budgeting. of the maximum amount of $500,000 as the County's matching .funds for the FY2001 Revenue Sharing Program and that staff and the VDOT Resident Engineer be requested to provide a recommendation as to how these funds will be used. 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. 4 F f ,: ~!lrid /N 1 f,i::r OJ Mr. Hartley presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia on the Route 260 Connector for the Board's consideration and which staff recommends approval. . 1 Supervisor Bradshaw expressed concern with detoured traffic between - Business Route 58 to Lees Mill Road at the railroad tracks. He inquired how this situation would be remedied and requested additional information on how this will be implemented. Supervisor Bradshaw moved the Board table consideration of the matter until the March 1, 2001 meeting until he has a more thorough understanding of how the intersection will work. 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 noted that the Board should anticipate having its next transportation status report in its March 1, 2001 agenda package. Mr. Hartley noted that the next quarterly meeting between County staff, Mac Neblett (VDOT) and. James Cleveland (VDOT) is scheduled for Monday, February 26, 2001 at 2:00 p.m. at the VDOT District. Office. 1 Mr. Hartley. reported that the VDOT Resident. Engineer would be present for his quarterly appearance at the Board's March 15, 2001 meeting. Supervisor Bradshaw requested an update on the construction of the Route 58 Business (Blackwater River) be provided by Mr. Neblett at that time. // Chairman Bradby called for Citizens Comments. Vincent LaBoff spoke regarding his concern with the Carrollton area, specifically his concern that in the future a throughway will be designed along Whippingham Parkway. Seven (7) citizens stood in support of opposition to Whippingham Parkway being used as a throughway for other developments. Nicky Sabino of Grace Street spoke in opposition to the proposed location of The Children's Center in Smithfield. She stated that there are no residents in her neighborhood in favor of the proposed site. Mark Thompson of Colosse .Road addressed the Board concerning flood damage to his home during Hurricane Floyd. He urged the Board to provide assistance in getting the process started. Richard Leeper, Director for Paul D. Camp Community College (PDCCC) in Smithfield, requested the Board keep in mind the location of The Children's Center and the need to allow for the expansion of PDCCC. 5 ~. 9~~t- ~~ rh~.. 64 He .noted that the use of the parking area for the college. would increase in the future. // County Attorney Crook requested a closed session under Section 2.1- 344 A? .for advice of counsel concerning contract negotiations for professional services and other legal matters requiring advice of counsel Supervisor Bradshaw moved the Board enter closed session for the reasons stated by the County Attorney, The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion and. no Supervisors voting against the motion. Upon returning to open. session, Supervisor Bradshaw 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 TT 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 DURIlVG 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 - Supervisorsvoting against the motion. 6 1 1 1 T: l ~ B~Gr 2~ ~„. 65 1 Supervisor Bradshaw stated Hurricane Floyd had a devastating effect on many residents in the County. He noted that the process is taking too long a time to help these citizens, Supervisor Bradshaw moved the .Board authorize the County Attorney to hire. a Project Manager to oversee the flood reclamation residential . construction and that he meet with vendors and individual citizens to resolve .:all- related issues to include review and revisions of specifications. 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 Bradby called for the Community Development report. Mr. Hartley .presented the issue of the nomination of Ragged Island Creek as an exceptional waterway. He noted the nomination has been referred to the Hampton Roads Planning .District Commission and tie Chesapeake Bay Local Assistance Department, as directed by the Board previously. John Garlock, Hampton Roads .Planning District Commission, addressed the Board concerning the designation of exceptional waterways. Supervisor MacManus inquired if the designation was approved, would the watershed. area be impacted to prevent future development. Mr. Garlock stated that potentially it would be impacted to prevent future. development. He further stated if the impact of any discharge that occurred in that upper end of the watershed stayed above :Route 17, then there would not be a problem, however, if there was any potential impact which flowed below Route 17, it would be a case-by-case determination at that point. Supervisor Clark inquired if it would be a plus for the Hampton Roads area to have a waterway that isdesignated as an exceptional waterway, i.e., a tourist advantage and a marketing item outside the region. 7 Mr. Garlock replied the potential for marketing as a unique area is present whether the. waterway is designated as exceptional or not. Supervisor Claud stated there are currently regulations in place to protect this area and if this Board approves the concept of it being an exceptional waterway, there are so many unknowns at this point that the County really does not know what it will be dealing with. 7 gn~r 2~ ,;,;;~ 66 Supervisor Bradshaw stated that while there are slot of unknowns, the application is in the process and there are citizens requesting the Board to support the designation.. He further stated it is the responsibility of the Board to be aware of what it is endorsing and he would recommend that a committee be established with Supervisor Clark serving on it as the waterway is located. in his district to meet with Mr. Garlock and Ms. Gardner to review the application and research some of the unknowns. R Supervisor Bradshaw moved that a committee be established consisting of Supervisor Clark, John Garlock and Jerianne Gardner to review this proposal and research some of the unknowns as to how it might impact 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 Bradshaw moved the Board amend the order of the agenda in order to hear from the County's health insurance consultant, an item contained under the County Administrator's report. The .motion was adopted unanimously (5-0). .Sam Rosenthal addressed the Board concerning health insurance proposals for self-insured and .fully funded programs. He recommended the County discontinue the County's self-funded health insurance plan and offer two (2) fully insured .program options with TRIGON. He noted the average employee contribution would increase approximately 30% for the PPO TRIGON Key Care- Plan and decrease approximately 30% for the HMO TRIGON Product 10 Exclusive. Supervisor Bradshaw moved the Board authorize the transition of the County self-funded health plan to a fully insured health program with TRIGON at the premium contributions recommended, effective March 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. - t Supervisor Claud suggested that the Board review the feasibility of the County sharing additionally on the employee's portion during the budget process next year. // Supervisor MacManus moved the Board amend the regular order of the agenda in order to address the fourth issue concerning the Old Smithfield High School Expansion Project under the County Administrator's section. The motion. was adopted unanimously (5-0). 8 .: i County Administrator Caskey stated Ms. Chapman-Ervin is present now and would have addressed this issue under Citizens Comments, but was provided an erroneous time to be present at the meeting. Supervisor Bradshaw moved the Board allow. Ms. Chapman-Ervin to speak with regards to the Smithfield High School expansion project. The motion was adopted unanimously (5-0). Harriet Chapman Ervin stated she has recently inherited the property located at 232 James Street in Smithfield and she was notified on February 6, 2001 about The Children's Center. She noted a concern with the close proximity of the site plan to her property. She stated she did not feel it is the appropriate use for that land, but should the Board approve the location she would request that the building be moved further away from her fence. She stated she did-not want a parking lot on the same side as-her :front yard and she always believes. that there should be a buffer. She further noted a concern about The Children's Center desire to expand and what this will mean to her property over. the years. 1 Following a desire. of Mr. Ervin to speak, Supervisor Bradshaw noted another motion would be in order before he could address the Board. He stated the Board has adopted a policy and now the Board is in violation. County. Attorney Crook stated that the Ervins were told an erroneous time to be at the meeting for, this issue. He stated Mr. Ervin would like to address the same issue as Mrs. Ervin. Mr. Lee Hart Ervin addressed the Board noting his concern with the lack of notice and the rush to approve this issue. He stated The Children's Center, however fine an organization it is, brings a new use for a significant portion of that property,- particularly when it is so close to two (2) residential neighborhoods. He stated his primary objection is that he does not have. full information at this point as the first. notice he received was received last week and he would request the Board table consideration of the matter. to allow the entire neighborhood to participate. and support or not support the project. 1 Supervisor Claud noted there is a time limit on this project going forward. He noted after a presentation from the students .from Virginia Tech was delivered,. all the groups involved in-this project met with the exception of the citizens and they came up with a general plan that fits all the needs. He stated this is County property and the YMCA, Paul D. Camp Community College, .Head Start and the athletic fields are all located there and he believes the use should. be to serve the citizens. He stated The Children's Center is a good organization with a history of good management, however, he would like to know what the maximum timeframe that The Children's Center has before it has to say no to the grant. 9 ~. 9Q~R ~~ rh"~ 6U Supervisor MacManus further stated he would also like to know the ..timetable on the grant for The Children's Center. ' Supervisor Bradshaw stated .the project. has been in the public's eye for some time as The Smithfield Times has carried various articles on the project. He statedthe issue concerning increased traffic is not valid as there used to be a high school there at one time. He stated the Board has already tabled the issue numerous times to get to this point. Supervisor Bradshaw, noting the: 7:00. p.m. time, advised the. Board could further .discuss. this matter after the public hearings and moved the Board amend the order of the agenda in order to .conduct. the public hearings. Themotion was adopted unanimously (5-0). // Chairman Bradby called for a public hearing on the following: • The application of Alice F. Owney, Elsie Stanley and Evelyn Bryant for a change in zoning classification from RAC to Rural Residential, approximately 4.8 acres of land located offthe south .side of Mill Swamp Road.. (Route 626) east of Sullivan's Court r j and across from Crook Lane in Hardy Magisterial District.. The purpose of the application is for asingle-family residential lot. Chairman Bradby called for persons to speak in favor or in opposition s to the proposed application. Evelyn Bryant, one (1) of .the owners of the property, stated they had failed to get the boundary plat recorded in time after the prior approval by the Board. Supervisor MacManus inquired the reasoning for the change in zoning classification. Ms. Bryant stated the family is trying to take care of a stepmother who is in a nursing home. She stated the family does. have an interested buyer. Chairman Bradby closed the public hearing and called for comments from the Board. Chairman. Bradby moved the Board approve the application of Alice F. Owney. The motion was adopted with Supervisors Bradby, Bradshaw, Clark and Claud voting in favor of the motion (4-1) and. Supervisor MacManus voting against the motion. Chairman Bradby called for a public hearing on the following: 10 .: t e~,,~. 20 ~;~ 69 An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia to Delete the Limitation on Number of Home Occupations 1 Chairman Bradby ..called for persons to speak in favor of or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of Revenue, noted he brought this matter to the attention of the Planning Commission because under the current Ordinance only one (1) home occupation is permitted .and he has found that a number of persons. are now using the Internet for businesses and he is having to turn away revenue on a weekly basis. ' Mr. Hartley noted that the number of home occupations is not as critical as the performance of those home occupations and there are standards in the Ordinance that do cover the area that can be occupied and the other characteristics that govern what might be done as a home occupation. Chairman Bradby closed the public- hearing and called for comments from the Board. 1 Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA TO DELETE THE LIMITATION ON NUMBER OF HOME OCCUPATIONS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Paragraph (12) of Subsection (a) of Section 37-21 of the Zoning Ordinance of Isle of Wight County, Virginia, is hereby repealed so that there is no limitation on number of home occupations per residence. 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 An Ordinance to Amend Section 10202 of the Zoning Ordinance of Isle of Wight County, Virginia, to Provide Requirements for Site Development Approval was erroneously. listed as a public. hearing for the Board and that it is a public hearing to be held by the Planning Commission and should not have been. listed. on the Board's agenda for public hearing by the Board tonight. // 11 -. so~~~ 2~ r°~~'~ 70 r ~s Returning to the issue of the Old Smithfield High School project, Supervisor Claud requested the Director of Parks and Recreation to address the Board on what has. transpired with the project to date. Alan S. Nogiec, Director of .Parks. and .Recreation,. stated the Board created a committee to address the expansion of the property known as the .Old Smithfield High. School. He noted as part of this project, nine (~) architectural students from Virginia .Tech took this on as a project and provided the County with a report of their design. concepts. He stated what was presented by the students to the committee did not address the immediate issue of the location of the current users of the property and their plans for expansion, as well as the location of The Children's Center. He stated the committee met to discuss .the expansion of the YMCA, the library and the. community college. and recommends that the Board approve. in concept that the expansion of the YMCA on that property and that when the Board reviews the proposals in the CIP process that the Board consider the library expansion by providing funds for the design of that facility. He stated with the location as proposed, it is recommended that the next time the lease with the Jaycees comes up for renewal, there should be some discussions as to relocating their boundaries and moving their parking from the side of the building to behind the building. He stated the committee felt that way because the operation of The Children's Center initially will be for children up to three (3) years of age, this would .limit the outdoor activities .and the operation of the Center would be primarily during the day. He stated the. Smithfield Planning Commission held a public hearing in which persons expressed concern with traff c and the close proximity to the Ervins. He stated the. matter has been tabled. by the Smithfield. Planning Commission until their .March meeting and the grant: for The Children's Center is that it be operational by the month of September. Barbara Meese, Executive Director, The Children's Center, reviewed -with the.. Board the programs at the Center. She stated The Children's Center must be operational in September and construction must begin. by the first of April Supervisor. MacManus stated the Board formed a committee which has been working for ten (10) months.. He stated the architects for The r Children's .Center provided seven (~) locations on .that corner lot that the structure could be placed and this center is needed in Smithfield and there is grant money available. He stated that community area is a good location for The Children's Center. He recommended that the Board take. action on the matter tonight rather than. further reviewing it. ~ Supervisor Clark stated the Board made a mistake by not having local citizens on the committee and some of the things being requested may be very easy to comply with by just .having the committee meet and listen to them. He stated he thought the Board owed it to the people who live next 12 ,. a^~~ft 2~l ~M:~ 71 door to at least hear what they have to say and make this a citizen positive issue. U Supervisor MacManus stated he also has great .concerns about a parking lot in front of the building, as well as many of the comments that came before the Board, but this, is a siting concept. Supervisor Clark moved the Board table consideration of the matter to allow the committee to meet .with concerned citizens. The. motion was defeated with Supervisors Bradby and Clark voting in favor of the motion (2-3) and Supervisors Claud, MacManus and Bradshaw voting against the motion. Supervisor MacManus moved the Board approve the YMCA and Children's Center proposals, as presented by the committee. The motion was adopted with Supervisors MacManus, Claud and Bradshaw voting in favor of the motion (3-2) and Supervisors Clark and Bradby voting against the motion. // Supervisor Bradshaw moved the. Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). , // Chairman Bradby called for the continuation of the Community Development report. Mr. Hartley presented a request for termination of the Mogarts Beach. Agricultural and Forestal District. He stated this District was created in July of 1982 and staff has been advised by the two (2) property owners that are included in this District that they wish to terminate the designation of this District. 1 Supervisor Claud moved the Board approve the requests to withdraw from the Mogarts Beach Agricultural and Forestal District and that the District be terminated. 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. Mr. Hartley presented comments from the Towns of Smithfield and Windsor and Planning .Commission. comments on the Draft Comprehensive Plan for the Board's .information. // Chairman Bradby called for the Economic Development report. 13 r. .BOON 2Q. ~t;':~ ~N .Brooke Hardin, Research Assistant, ..Department of Economic Development, presented three {3) documents for the Board's ..consideration pertaining to the Shirley T. Holland Commerce Park Improvements Project which are pre-contract stipulations of the Department of Housing. and Community Development. He stated the County has been notified that it is in receipt of $433,000 which staff intends to utilize for construction of a d pump station and .administrative fees. Supervisor Claud moved the Board adopt .the Fair Housing Certification, the Local Business and Employment Plan and the Residential. Anti-Displacement and Relocation. Plan, subject to the County Attorney's approval. 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' noted Joe Ferguson had telephoned him earlier to advise that under Transportation Matters he had an issue of concern, but that he was not present at the meeting when the Board got to that matter on the agenda. Joe Ferguson presented a petition requesting that Dews Plantation Road remain an unpaved road. Supervisor Bradshaw moved that the Board accept. the petition. 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 Bradby called: for the County Administrator's report. County Administrator Casket' recommended adoption of resolutions recognizing the services of Edna. R. King, Anthony S. King, Larry J. O'Bryan and W. Martin Jones. Supervisor Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation Edna R. King Upon. the Completion of her Service to the Isle of Wight County Planning .Commission 14 ,•. ~~!~ 2~ .,t.;~ 73 Whereas, Edna R. King served .faithfully from June, 1977 until February, 2001 as a valued member of the Isle of Wight County Planning Commission representing the Carrsville District; and, Whereas, she has contributed substantially to the success of the Commission's objectives through her professional insight,. broad experience and strong leadership; and, Whereas, her contributions to Isle of Wight County have materially improved: the quality of life for the citizens of Isle of Wight County; and, Whereas, her personal demeanor and attitude have enhanced her professional accomplishments and broadened her many friendships; Now Therefore, Be It Resolved by .the Isle of .Wight County Board of Supervisors that Edna R. King be recognized and commended for her outstanding service to the Commission, and is presented this Resolution as a token of the Isle of Wight County Board of Supervisors' gratitude and esteem; and, Be It Further Resolved, that the Isle of Wight County Board of Supervisors extends to Edna R. King its best wishes for her future endeavors and orders. that a copy of this Resolution be spread upon the minutes of this Board this fifteenth day of February, 2001. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and ~o Supervisors voting against the motion. ' Supervisor Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation Larry J. O'Bryan Upon the Completion of his Service to the Isle of Wight County Planning Commission Whereas, Larry J. O'Bryan served faithfully from February, 1993 until February, 2001 as a valued At-Large member of the Isle of Wight County Planning Commission; and, Whereas, he has contributed substantially. to the success of the Commission's objectives through his professional insight, .broad experience and strong leadership; and, Whereas, his contributions to .Isle of Wight County have materially ' improved the quality of life for the. citizens of Isle of Wight County; and, 15 80~(i 2~ rail 74 Whereas, his personal demeanor and attitude have enhanced his professional accomplishments.and broadened his many friendships; Now Therefore, Be It Resolved by the Isle of Wight County Boazd of Supervisors that Larry J. O'Bryan be recognized and commended for his outstanding service to the Commission, and is presented this Resolution as a token of the Isle of Wight County Board of Supervisors' gratitude and esteem;. and, Be It Further Resolved, that the Isle of Wight County Board. of Supervisors extends to Larry J. O'Bryan its best wishes for his future endeavors .and orders that a copy of this Resolution, be spread upon the .minutes of this Board .this fifteenth day of February, 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. Supervisor Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation W. Martin Jones Upon the Completion of his Service to the Isle of Wight County Planning Commission Whereas, W. Martin Jones served faithfully from February, 1993 until February, 2001. as a valued member of the Isle of Wight County Planning Commission representing the Newport District; and, Whereas, he has. contributed- substantially to the success of the Commission's objectives through his professional insight, broad experience and strong leadership; and, Whereas, his contributions to Isle of Wight County have materially improved the quality of life for the citizens of Isle of Wight County; and, Whereas, -his personal demeanor and attitude have enhanced his professional accomplishments and broadened his. many friendships; Now Therefore, Be It Resolved by the Isle of Wight County Boazd of Supervisors that W. Martin Jones be recognized and commended for his outstanding- service to the Commission, and is presented this Resolution as a token of the Isle of Wight County Board of Supervisors' gratitude and esteem; and, 16 T•. a~~~f. ~20 r;;~~ 75 1 Be It further Resolved, that the Isle of Wight County Board of Supervisors extends to W. Martin Jones its best wishes for his future endeavors and orders that a copy of this. Resolution be spread upon the minutes of this Board this fifteenth day of February, 2001. The motion was adopted with Supervisors MacManus, Bradl?y, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no . Supervisors voting against the motion. Supervisor Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation Anthony S. King Upon the Completion of his Service to the Isle of Wight County Board of Zoning Appeals Whereas, Anthony S. King served faithfully from August, 1989 until February, 2001 as a valued member of the Isle of Wight County Board. of -Zoning Appeals representing the Carrsville District; and, 1 Whereas, he has contributed- substantially to the success of the Board of Zoning Appeals' objectives through his professional- insight, broad experience-and strong leadership; and, Whereas, his contributions to Isle of Wight County have materially improved the quality of life for the citizens of Isle of Wight County; and, Whereas, his personal demeanor and attitude have. enhanced his professional accomplishments and broadened his many friendships; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Anthony S. King be .recognized and commended for his outstanding .service to the .Board of Zoning Appeals, and is presented this Resolution as a token of the Board's gratitude and esteem; and, 1 Be It Further Resolved, that the Isle of Wight. County Board of Supervisors extends to Anthony S. King .its best wishes for his future endeavors and orders that a copy of .this Resolution be spread upon the minutes of this Boardthis fifteenth day of February,. 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 Administrator Casket' noted that framed resolutions would be available. for presentation at the Board's March 15, 2001 meeting. 17 8o~r, 2Q r„;;~ 76 County Administrator Caskey noted the County's renewal of ..the contract for audit services_expred with the recent audit which was prepared by Robinson, Farmer & Cox. He stated ..included in the agenda is staff's recommendation that the Board authorize a contract for the next three (3) fiscal years with Goodman & Company. Supervisor Clark moved the`Board authorize the contract presented for audit services pursuant to the review of the County Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting infavor of the motion (5-0) and no Supervisors voting against the motion. Debbie J. Svertson, Administrative Analyst, presented an offer of a conceptual historic landscape plan from the Virginia Garden Club for Boykin's Tavern. She stated staff recommends the .Board accept the offer realizing there will need to be further .research and evaluation of the feasibility of .implementation, as well as the feasibility of maintaining the gardens, once planted. She advised the Virginia Garden Club may further' offer to perform the planting with the County maintaining the garden with periodic inspections. from the Virginia Garden Club. Supervisor Claud moved the. Board accept the offer of a conceptual plan from the Garden Club of Virginia, with County staff to evaluate its feasibility and options available for future plan implementation. 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 Director of Public Utilities to authorize a .transfer of $12,000 from the contingency fund for anticipated overtime expenses within the Public Utilities Department for the remainder of the fiscal year. Supervisor. Claud moved the Board authorize the transfer of $12,000 from the contingency fund for anticipated overtime expenses within the Public Utilities Department .for the remainder of the fiscal year. 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 M. Long,. Director of Public Works, requested additional funding within the Department of Public Works to cover weekend refuse collection and activities through the end of thefiscal year. Supervisor Bradshaw moved the Board appropriate $15,000 from the contingency fund to fund weekend refuse collection for the remainder of the fiscal year. The motion was adopted with Supervisors MacManus, Bradby, 18 1 .I ao:~r,~ 2~l ~~.: ?? Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. 1 // Chairman Bradby called for the .County Attorney's report. County Attorney Crook presented a contract which has been prepared and reviewed by him as to form for the Southern Development Service District elevated water tank in the amount of $1,348,200. Supervisor Bradshaw moved the Board authorize the Chairman to sign the contract 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 an amended contract between Monette Information System and the County that simply clarified the Agreement and which he recommends to the Board. Supervisor Bradshaw moved the Board approve the contract. 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 at the Board's direction he met with the Volunteer Fire and Rescue .Association and reviewed the procedures for purchases within the policy of the Board to the effect that the .Virginia Public Procurement Act would be .adhered to and that the County, prior to any purchases, would consult with.. them (Fire and Rescue) for needs, specifications, potential bidders and also their concurrence prior. to acceptance of any bids, but that the County would be making.. the purchases in compliance with the Virginia Public Procurement Act. He stated the Association wanted him to relay to the Board that it is their desire that they preferred to make. the purchases and that they would comply with the Virginia Public Procurement Act. Richard O. Childress, Director of Emergency Management, noted that currently the Association has no personnel certified for public procurement matters. i It was the consensus of the Board not to alter its public procurement process. County Attorney Crook reported that the Windsor .annexation case is scheduled for court on May 11, 2001 at 9:30 a.m. in Isle of Wight County. 19 .County Attorney Crook noted he had several matters for closed session later in the meeting. // Chairman Bradby called for Old Business. Supervisor Clark inquired about a recent.. news article which referenced a regional airport. Mr. Hartley briefed Supervisor Clark on the history of the .airport study noting that the study had been. completed by the Department of Aviation. He noted the study has been concluded and there is no funding or initiative at this point. Supervisor .Clark inquired about a letter from the Chesapeake Bay .,Local. Assistance Department concerning. the water quality impact statement for Eagle Harbor. Mr. Hartley stated the letter was written. in March of 2000 in response _ to a request by the Department of Environmental Quality in reviewing. the wetlands permits. He noted there was a letter of response to that letter that was sent by Kimley-Horne & Associates, Inc. addressing all of .the issues and concerns that. were raised and he would provide copies of this to the Board. He stated since URS made the .recommendation to the Board and the Board approved the water quality impact :assessment, staff has sent to CBLAD the water quality impact assessment .and the stormwater management plan. He stated one (1) letter has been received. from them and they indicated they were missing. some information which staff provided to them. He stated staff has not heard back since. that information .was provided, but that he would. contact Lee Tyson to find out where the .issue stands. Supervisor MacManus inquired about the status of the Windsor Woods application. Mr. Hartley advised that a meeting has been scheduled for Friday, 2:00 p.m. on February 16, 2001 ,with .Attorney. Riddick and himself concerning the Windsor Woods. Subdivision. Supervisor Clark referenced the connector road that was removed from the maps at the Board's recent work session. Mr. Hartley noted that it is part of the master plan process. He advised a meeting is scheduled on .February 23, 2001 with the. developers of GrayCo. Supervisor Bradshaw moved the Board. direct staff and the County Attorney to redraft the. Citizens Guidelines as it pertains to the flexibility to have discussion or ask questions of citizens with the understanding that the 1 20 .~. 1 Board is nqt obligated to take action at that. time. 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 Bradshaw referenced a memo dated January 23, 2001 from E. Wayne Rountree regarding bulk water from the City of Franklin. He requested the County Administrator have the Director of Public Utilities brief the Board and make a recommendation. on how the County should pursue this with the City of Franklin. Supervisor Bradshaw moved the Board direct the County Administrator to have the Director of Public Utilities further present this item at the Board's March 1, 2001 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 Bradshaw requested an .update on the compensation increases for employees within the Treasurer's Department. -, Donald T. Robertson, Assistant County Administrator/Director of Human Resources, advised that he and the County Administrator had met with the Treasurer. He noted that he would again meet with him to determine if additional help can be provided. He noted pay grades are determined by population and that he would like to discuss the matter further with the State Compensation Board. .Supervisor Bradshaw recommended that staff meet with the Commissioner. of Revenue who has been successful with. the Compensation Board. He noted there is a great inequity with the compensation within the two (2) constitutional offices. // Chairman Bradby called. for New Business. 1 Supervisor MacManus moved that a .committee of two (2) Board of Supervisors members with the Towns :of Smithfield and Windsor also designating two (2) of their own members so that on a quarterly basis they can meet to discuss issues of mutual. interest and/or concern.. Supervisors. MacManus and Claud. volunteered to be the two (2) members to serve from the Board of Supervisors. 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 that the parking lot on the .proposed Children's Center site be located to the rear of the lot, offthe street, and-that additional landscaping on the east side of the lot between the proposed site and the adjacent residence be provided and that all of the above be 21 B~ n >~~: communicated. to the Smithfield Planning Commission. 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 and the Smithfield Town Manager to update the water agreement between the County and the Town of Smithfield. 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 place the issue of a tie breaker in the County's legislative package for 2002. 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 include in the FY2001/02 budget funding for membership in VML. 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 Bradshaw moved the Board. approve the resolution form (letter from VACo) and that staff be directed to send a copy to the. County's .General Assembly delegates. 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 Bradshaw ..moved that the Board request the Beautification Committee to look into the Byways Program to determine if any of the roads in the County may qualify. 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 Bradby called for Appointments. Supervisor Bradshaw moved the .Board appoint ~'heodore Hardison to the Central Dispatch Committee representing the Carrsville District. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board appoint Andy Casey to .the Central Dispatch Committee representing the Newport District. The motion was adopted unanimously (5-0). 22 ~I ~_J f', ao~,r . 2J rr.::!~ 81 Supervisor MacManus moved the Board appoint Dr. Wilson Ames to the Central Dispatch .Committee. representing the Smithfield District. The motion was adopted unanimously (5-0). 1 // Supervisor Bradshaw requested a closed session -under Section 2.1- 344 Al of the Freedom of Information Act concerning three (3) personnel matters involving consultation with counsel and staff Supervisor Claud requested a closed session under Section 2.1-344 Al of the Freedom of Information Act concerning one (1) matter involving advice of counsel and contract negotiations for professional services. County Attorney Crook requested a closed session under Section 2.1- 344 A7 of the Freedom of Information Act for advice of counsel concerning farm lease negotiations. Supervisor Clark requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning four (4) matters of consultation with legal counsel and staff regarding negotiations for acquisition of property for public use where public disclosure would adversely affect the County's bargaining position.. Supervisor Bradshaw 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. Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING- WHEREAS, the Boazd 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, 2.1-344.1D 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. 23 s ~ ' .. { B~~~f ~'/ rn~ Vfr 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 ~. V 1 .ABSENT DURING MEETING: 0 The motion was adopted, with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark .moved .the Board approve the.. request of .the Sheriff for the employee's comp time. The motion was adopted with. Supervisors _ MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud moved the Board approve the surveyor contact recommended 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. Supervisor Bradshaw moved the Board approve .the farm lease recommended by the County Attorney. 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. Supervisor MacManus moved the Board direct- counsel to proceed with the negotiations. for real estate options discussed in closed session on a six (6) month basis. 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 referenced the .letter Supervisor Bradshaw referred to earlier in the meeting from the Director of Public Utilities. He stated the letter had to do with the night the Board voted on .water. tank and water lines in Camptown and was there sufficient water from Franklin to fill the tank so .that the County did not have to spend the $300,000 to-drill the wells. He stated he wanted the record to reflect that he had .indeed seen the information. 24 T: 0'J nt. NV '.i:.r V~J /~ - - At 9:36 p.m., Supervisor Bradshaw moved the Board adjourn. The motion was adopted unanimously (5-0). Henry H. radby, Chairman a W. Doug key, C 25