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05-17-2001 Regular Meetingf. REGULAR,MEETING OF THE ISLE OF WIGHT. COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND ONE PRESENT: BOARD OF SUPERVISORS Henry H. Bradby, Chairman . Robert C. Claud, Sr., Vice-Chairman Stan D. Clark .Richard K. MacManus Phillip A. Bradshaw . ECONOMIC DEVELOPMENT COMMITTEE Branch LawsonlNewport District Fred Glanville/Newport District Sandra Hawkins/Carrsville District Bob Harris/Hardy District Alan Monette/Hardy District Ren Spivey/Town of Windsor Frank Hall/Smithfield District Harry DashielllTown of Smithfield Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Carey H. Mills, Recording Secretary. Chairman Bradby called the joint meeting to order at 5:00 p.m. for the purpose of holding a joint meeting between the Board of Supervisors and the members of the Economic Development Committee to discuss the Committee's role. I! Under Item 1, Opening Remarks, Alan Monette, Chairman of the Economic Development Committee, thanked the Board for the opportunity to meet today. He stated the Economic Development Committee desires to routinely meet with the Board to receive feedback on what the Board wishes the Committee to accomplish. // Chairman Bradby called for agenda Item 2, Role of the EDC in Isle of Wight County's Overall Economic Development Program. Patrick J. Small, Director of Economic Development, stated the purpose of the meeting today is the Economic Development Committee's desire to meet with the .Board to receive a better understanding of what the 1 ~a.n 20 rN:f21fi Board expects the Committee to accomplish. ` He stated the Committee has not had the opportunity during the last several years to interact with the Board. Supervisor Bradshaw stated he desires the Department of Economic Development, in conjunction with the Economic Development Committee, to take a more aggressive approach. He stated economic development has two functions:. Existing business and expanding the tax base and bringing in new types of businesses, i.e., industrial, commercial and small industry. He stated he sees the Committee's overall responsibility as dealing with existing businesses and the existing community: He stated secondly the Economic Development Committee is charged with providing support to the Economic Development Director .and his staff regarding its expertise. and recommendations in what businesses the County should be considering to attract. He stated certain areas are designated in the County's Comprehensive Plan for economic development, but there .are other opportunities and with the expertise of the Committee to provide these opportunities and give the Board direction as far as how the County should. proceed. He stated the purpose of the Committee, which consists of business .leaders. of the community, is ultimately to broaden- the Board's perspective. Supervisor Claud concurred with Supervisor Bradshaw's comments. He noted there have been some changes in the aggressiveness of the Board in economic development and, at .this point in time, in addition to the existing businesses, the Board is now looking for help in working with new businesses. He stated there is still a role for the Cornrnittee to play in that, but he thinks down the road the concern may be primarily. with existing businesses and he wants the Committee to concentrate on the new, but not overlook the fact that a majority of the growth will come from the existing businesses. He stated the role of the Committee is the provide advice and guidance as to what the Board should be looking at. Mr. Monette stated the Committee tries to organize and tries to understand the County's resources, staff and operations.. He stated the Committee has visited the sites, listened. to financial .consultants from the State regarding capitalization and ways of helping the County develop. He stated the Committee has also been involved in recommending a grant to at least one (1) local business, as well as the development of the Strategic Plan. He noted the Committee agrees thai existing business is an important aspect and the Committee is cognizant of the needs of all of those and that the Committee would like to be more .involved in the possibilities and the potential of clientele being attracted to .the County. He stated he would like to see the Board have the full resources as a team to help the Director in what he is involved with. He stated the Committee agrees with the importance of existing businesses, but the Committee feels like the involvement with and .disclosure. of prospects is very important to the Committee. 1 1 2 T'. aa~~r, 20 ,,.^~~17 1 Supervisor Bradshaw suggested the Committee develop a plan defining what it calls being involved. and present it to the Board. He stated he is unclear as to what Mr. Monette calls being involved and he needs a better understanding. Mr. Monette stated he has heard .about prospects from employees that live in Windsor. He stated the community is small and word gets around quickly. Supervisor Clark stated the private citizens are the County's greatest tap of resources. He stated a committee of this nature needs a variety. of different kinds of people, i.e., .technology person .and a .developer. or someone who knows how. to put deals together and make it happen. He stated the Board must be able to trust the persons appointed to this Committee and he understands there must be confidentiality, but there is no one on this Committee that the Board could not reveal things to. 1 Supervisor. MacManus stated .the Board needs the Committee to fill the mission here for economic development which is a major facet in making the County healthy. He stated heavy emphasis is on existing businesses and new businesses in trying to fulfil the Comprehensive Plan and its vision on how the Board looks to see some heavy industrial projects continue in the southern end of the County. He stated the Board needs the assistance and guidance from the Committee to assist with staff here. He stated it is a shame for anyone on this Committee to become informed about projects through other channels. He stated the Committee offers a lot to this community and the Board wants to take advantage of the Committee's expertise. He stated if the Committee .feels like it is being excluded from projects coming into the County then the Board has not provided sufficient push in that direction. He stated it should be a balanced effort on both sides. Supervisor Claud stated .staff needs to look at the functions of the IDA because this is another group that works with economic development. He stated there does need to be some distinction of these committees so it is clear what their various functions are. Robert Harris stated the Chairman of the IDA is on the Committee which helps a great deal. 1 Harry Dashiell stated the Committee does not desire to get into every detail, however, it does feel ignored at times when it finds out things last. Supervisor Bradshaw stated the County needs the help and expertise of the Committee on how the County can expand the tax base for the County. 3 srz,,Y 2~ .~~~18 Supervisor Bradshaw moved the Board direct the Economic Development Committee, with the assistance of the Economic Development Director, to develop a vision and .guidelines for the Committee to be presented to the Board for approval which incorporates existing businesses and prospective business,. to include the process of communications. 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 agenda Item 3, Local Technology and Telecommunications Infrastructure Development. Mr. Monette stated this aspect of infrastructure is very important to the community. He stated Supervisor Claud, Mr. Harris, Mr. Reynolds and himself have been .associated on the Telecommunications Committee for quite some time and because of a lot of persistence and effort they had a role to play. in extended area calling and the ability of people to have more access outside the Internet providers. He stated the County has the opportunity to get its. arms around what we have today and -where we are going from here in broadening communications that will drive a lot of industry and the citizenry of the entire County. He stated there is heavy cable. buried in the County in recent months and Verizon is taking hold of GTE and there. is a wireless company out of Emporia which is very important. He stated there are people that have made overtures to the County who would like to provide a high .speed trunk line over 500 miles with direct access to 'the Internet at strategic points as far away as Kentucky and Virginia Beach. He stated the County has the staff with technical abilities and the County needs to find a way because this is very .important for the retention of existing businesses and attractive for new business..He recommended that staff do a survey on where the County is and where it is going with technology. He stated the Committee has invited Horizon to make a presentation on June 18, 2001 at 2:00 p.m. on what they have, what they see, and what is available that they can bring to the community now that they have come .together with GTE. He invited. interested staff and Board members to attend this meeting and become familiar with -some of the .people that might have impact on the community. Mr. Harris stated the County needs to get these people to provide these kinds of services. He stated this ranks with water quality, highways, electric power and fire protection. Branch Lawson stated the County needs to develop a strategy on where those critical masses are. Mr. Smail stated staff included $100,400 in the Operating Budget, with $30,000 dedicated to do the telecommunications infrastructure. 4 1 T'. ~~ ~~~ ?0 ;~,~21~ Supervisor Bradshaw stated the .County is currently restructuring the entire technology of the County, including aspects of the schools to reinforce it. He suggested the .County Administrator initiate .bringing the Committee's expertise into discussions with the technology group. Supervisor MacManus inquired if the $30,000 is adequate to fund the infrastructure analysis that .will enable the Committee to accurately do visioning based on where their strengths and weaknesses were, where the systems were and where the gaps were. Mr. Monette stated if the Board authorizes County staff (Lyle Hornbaker and Bill McKinney) on this it would be helpful for the County to have that expertise on the staff and build a broader staff in the whole area of residential. and economic development. He stated the .two (2) largest businesses at both ends of the County will be .demanding this type of infrastructure. Supervisor Bradshaw suggested the Committee contact the two (2) largest businesses in the County to see what they are doing. Mr. Harris stated when firms come into the County looking for zoning, the County should try to negotiate some type of County access. Supervisor Bradshaw stated Charter Communications has agreed to allow the County free access to every governmental building in the County. Supervisor Clark stated the first step is to get the Committee together with the County's technical committee and report to the Board on what is going on. He stated then the Board can vote on whether or not to allocate $30,000 for a study. Jim Reynolds stated we need someone to tell us what technology is available today. We need to obtain .this information and .provide infrastructure to support the development. Mr. Monette stated he was having a meeting on June 18, 2001 with Verizon at his business and he would suggest. Mr. Small, Mr. Hardin and other appropriate staff members attend and report back to the Board with a plan on how to go forward with it. C Chairman Bradby called for the Proposed Capital Improvements Plan for Economic Development. Mr. Small stated when the Committee. developed its Strategic Plan the priority of the Ptan was the development of business-ready sites in the County. He stated other jurisdictions have these developed sites. He noted we had only thirty (30) acres left in our industrial park.. He stated .last year's 5 CIP had three (~3) new business parks in it; however, the current CIP contains only one (1) of the proposed parks and staff has made a recommendation to the Committee that the one (1) proposed park is not sufficient. Mr. Monette stated there is a lot of funding going into .the Central Development Service District, but his concern is in the northern district where some investment could be put. He stated why wait and let office parks that could possibly be planned now for the northern district coincide with residential development going on up there. He stated the County should not wait three (3) years and lose momentum in that end of the County because that is where the utilities are located. Supervisor Claud stated there is a limited amount of funds that you can spend. Economic Development is a good area to spend this in, but there is a limit on what the Board can put for that purpose. He explained his priority was. to .spend the funds in the Central Development Service District knowing that there were a number of acres of land available where facilities could be located. Mr. Glanville stated if the parameters are not set well the County will end up with a hodgepodge. Mr. Harris stated- we are talking about acquisition, rather than getting a handle on it because the County wants the high-end technology parks, not the low-end storage. He stated if just a small increment could be placed aside to focus on the high technology picture, it would be helpful. Mr. Monette asked if it would be possible to restructure some of the funds so that more funds could be placed in the Northern Development Service District now. Supervisor Bradshaw suggested again that as the Committee is going through the planning process that it use this as one of the steps. and make a recommendation to the Board. // Chairman Bradby thanked the Committee for meeting with the Board. Supervisor Clark. suggested that the Committee meet again with the Board in .two (2) months. Supervisor Bradshaw moved the Board take a ten (10) minute recess before continuing with the regular meeting scheduled for 6:00 p.m. The motion was adopted unanimously (5-0). 6 .~. Chairman Bradby called the regular meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Clark. 1 // The Pledge of Allegiance was conducted. Chairman Bradby called for Special Presentations. Alan S. Nogiec, Director of Parks and Recreation, introduced Barry. Townsend, a visitor from Isle of Wight, England to the Board. Mr. Nog~ec stated Mr. Townsend's wife, Vicky, was also visiting, but was not present tonight. Following Mr. Townsend's invitation to the Board to visit England in the future, Chairman Bradby presented Mr. Townsend with a book authored by Helen Haverty King entitled Historical Notes of Isle of Wight County. Miss Laura Askew was recognized by the Board for outstanding achievement. Miss Askew addressed the Board .and thanked the Board for recognizing her, 1 RESOLUTION TO RECOGNIZE MISS LAURA ASKEW FOR OUTSTANDING ACHIEVEMENT WHEREAS, Miss Laura Askew is the reigning Teen Miss .Isle of Wight County; and, WHEREAS, Miss Askew has been selected as one. of 25 young women in the nation to serve as a member of the Young Women of NASA Advisory Council; and, WHEREAS, Miss Askew recently hosted a special one-hour webcast from NASA Langley as part of the "Virtual Take Our Daughters to Work" program; and, WHEREAS,. her. selection to this .prestigious organization was based on academic achievement, public speaking ability, and- community involvement NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates Miss Laura Askew for her outstanding achievement. in Supervisor MacManus moved the Board adopt the following resolution: i7Jn11 NO ~h. :'r~~Y..~. being selected as one of 25 young women in the nation to serve as a member of the Young Women of NASA Advisory Council. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, addressed- the Board concerning the Hazard Mitigation Grant Program. He corrected his statement to the. Board at its previous meeting that the County had approximately .$88,000 to work with in regard to elevations. He stated he did not take into account at that time that one (1) of the projects had been submitted as an acquisition project. As a result, the County has approximately $220,000 as opposed to the $88,000. He distributed confirmation that FEMA has provided the approval of that change. in funding. Additionally, as previously directed by the Board, he .stated he has contacted. the County's legislative delegation and received feedback from the Offices of Senator Warner and Allan and Congressman Scott. In addition, the information provided to him with regard to closing the gap, is a request to the State for an additional $138,000. He noted the bids are in the approximate amount of $328,000, of which the County has $220,000, leaving a gap of $108,000. He requested that the State give consideration to provide additional. funding in the amount of $138,000 to allow for contingencies that may arise and also to close the gap as quickly as possible. The State has verbally advised that that funding has been identified although verification has not been received in writing as of today. He stated the County has been advised that until those projects are formally closed out, the State. can not provide the County with that notification. The projects. must be closed out by June 30, 2001 and he anticipates written notification of the additional funding upon close-out of the current projects. He concluded that funding is currently in place to perform two (2) of the elevations. Supervisor MacManus inquired if the State would provide written documentation that funds will be available after July 1, 2001. He stated if the State is willing to .state in writing that the funds will be available after July 1, 2001, it would allow this Board to move forward with some assurance that the funds will be available without the risk of walking uncovered on faith based on a verbal .statement from the State. If the County moves forward with only a verbal confirmation, there is the potential that the County could be liable for the $108,000 to $.138,000 differential. Supervisor Clark stated he would also like written documentation from the State confirming what the State has told Mr. Robertson verbally. Supervisor Bradshaw stated the message that needs to be relayed to the Governor's Office is that we are talking about the lives ofindividuals, even it means an appeal to the Governor. 8 er jM ~ 2~ ~ -i :~?23 Peter Andreu, Project Manager, explained the process on the bid and how the cash flow would take place. He stated a lump sum contract would be awarded the contractor for. all three (3) projects. Once the .contract is awarded, a schedule of values is created based on mobilization based on work performed in the field after completion. All three (3) houses will not be completed simultaneously, however, .the work force will rotate from house to house. He stated the finish date is September 11, 2001. Supervisor Bradshaw stated he is irr favor of moving forward with this request because he has confidence that the, County's congressional delegation will support the County. He suggested that Senator Quayle also be contacted to plead the case of the individual citizens so that they can get back to some form of acceptable living. Supervisor Clark stated the County does not budget for a hazard mitigation program, but the State and Federal Governments do. The Co~.~nty can't. help residents displaced from their homes when they don't carry fire insurance nor does the County have funds to help residents when they are flooded out of their homes. Other Board members talk about setting precedents and today the Board will be doing just that if County funds. are used for mitigation. He stated .the County does not have the funds to do what it is being asked to do today and he is not. confident that the County will get its funds back from the State and Federal Governments. Supervisor Bradshaw pointed out that the County made a mistake by not requesting sufficient funding initially and it is the County's responsibility, as a local government, to secure ..the flood funds for the residents. He stated the County needs to admit it made a mistake because it was new at this as it had never happened before. Supervisor Claud stated he could not move forward .without having written notification in hand. Responding to Supervisor Bradshaw's inquiry on when a letter could be faxed to Mr. Robertson confirming funding after July 1, 2001, Mr. Robertson advised that he has not requested a letter from the State advising what the State will do after July 1, 2001.. What he has requested is for the State to advise him now that the projects have been approved. He stated he would put the Board's request in writing immediately requesting a response from the State. Supervisor Bradby stated it is the County's responsibility to be as cooperative as it .possibly can. He noted he is sympathetic to the flood victims and he recommends the Board move forward with the funding in an effort to bring these flood .victims'.. lives back to normal as quickly as possible. 9 Supervisor Bradshaw moved the Board approve the low bid by C.P.G. Inc. in the amount of $328,776 and authorize staff to proceed, subject to the County Attorney's approval of the contracts. The motion was defeated (2-3) with Supervisors Bradshaw and Bradby voting in .favor of the motion and Supervisors MacManus, Clark and Claud voting. against the motion. Supervisor MacManus moved that the contract be approved upon receipt of documented correspondence from the State to confirm what has already been offered to the County verbally that the State will have the remainder of the funding necessary for all the elevations to move forward and that upon receipt. of that letter from FENIA that the County move forward as quickly as possible to complete the elevations per the contract for C.P.G. Inc., as recommended by the County's consultant, contingent upon the County Attorney's review of 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 his understanding of the motion is that if the Board approves the contract subject to the notice to proceed not being given until written verification that adequate funding has been received from State and Federal agencies, the Board can proceed with signing the contracts and as soon as written verification is received, the County can proceed. // Chairman Bradby indicated the following Consent Agenda included Items 1, A through C, and asked if there were any items for removal: A. Final Plat of Ashby Subdivision/Phase II B. HRUBS Utility Billing C. Law Enforcement Grant D. Mosquito Control E. National Safe Boating Week Proclamation F. Special Election/Windsor Town Council G. Delinquent Real Estate Tax Collection Monthly Report H. April 17, 2001 Budget Work Session Minutes I. -April 1.9, 2001 Regular Meeting Minutes Supervisor MacManus requested that the .information regarding mosquito control be distributed to the libraries for areas where the need. is the greatest. Supervisor Claud moved the Board approve the Consent Agenda without Items "B" and "C" and with the correction to Page 5, third paragraph, of the April 17,.2001 Budget. Work Session Minutes to read ".. a recommendation based on an increase per 1,000gallons." The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud 1 10 ,•. voting in favor of the motion (5-0) and no Supervisors voting against the motion. // ..Chairman Bradby called for Transportation Matters. Jonathan W. Hartley,. Director of Planning and Zoning, advised the Board that the VDOT Resident Engineer would be present for his quarterly appearance before the Board at its June 21, 2001 meeting. Supervisor Claud stated he and the Director of Public Utilities met with representatives of the Town of Windsor. regarding a concern with a ditch behind East Griffin Street related to the sewer project. In this regard, he recommended the County support the Town of .Windsor and that staff correspond with the VDOT Resident Engineer to ask that maintenance of the ditch behind East Griffin Street be taken .care of and further that the County permit a utility easement to allow. the equipment in to clean the ditch. He noted the County Attorney is reviewing the matter and will advise the Board what can be done. He further recommended that staff invite the Windsor Town Manager to attend the next District meeting with Mr. Cleveland. Supervisor Bradshaw. requested Mr. Hartley establish a meeting with R. L. Walker and. the VDOT Resident Engineeron site to address drainage concerns in Central Hill. Chairman Bradby requested Mr. Hartley contact the VDOT Resident Engineer to discuss grass cutting along Route 10 from the Surry County line in the Hardy District to Smithfield. // Chairman Bradby called for Citizens Comments. Pat. Clark recommended the Board increase. from $10 to $25 the collection fee for returned checks in the. Treasurer's Office. Roger Glover requested the Board grant a waiver to allow septic tanks " on property along Route 25$ that he intends to convey to his sons. Grace Keen addressed the Board concerning the recent internal audit performed on the Treasurer's off ce. She suggested that the matter .before the Board should have been held in closed session. She also requested the Board's assistance in remedying the fact that there .are as many as 200 parcels in the County that should be sold for non-payment of taxes that are not being sold because of the lawyer's hesitation due to the expense incurred. 11 BOC,C 2O r,~,~2?6 // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the regular order of the. agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). I/ Chairman Bradby called for a public hearing on the following: A. The application of Benns Church Properties, owner and Isle of Wight Materials, operator to extend the life of the "Fendonchuk .Borrow Pit" for. an additional five (5) years. Said borrow pit totals thirty-seven (3?) acres and is located off the west side of Benns Church Boulevard (Route l0), south of Casper Circle and north of Muddy Cross Drive (Route 620) in Newport Magisterial District. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Bradby closed the public hearing .and called for comments from the Board. Supervisor Bradshaw stated he has voted in opposition to these applications in the past because of the non-taxation of this .type of operation. He further stated he understood the property rights and instead of voting in opposition, he would abstain from voting on the matter. Supervisor Claud moved the Board approve the application. of Benns Church Properties with the condition it not be used as a BMP in the .future. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in .favor of the motion (4-0-1) and Supervisor Bradshaw abstained from voting against the motion. Chairman Bradby called for a public hearing on the following: B. The application of TLT Investors for a change in .zoning classification from RAC to Conditional General Industrial of approximately five (5) acres of land. Said land is located on the west side of Buckhorn Drive (Route 610) south of the Windsor Town Limits and north of Dunston Drive in Windsor Magisterial District. The purpose of the application is for the operation of a ready-rnx plant and warehousing as conditioned. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. _J 1 12 •t ~,;r, ?O ,,,,,~??7 1 Betty Alphin stated she and her family own and operate Commonwealth Gin and they are requesting rezoning for additional warehouse space and the future site of a ready-mix plant. Ren Spivey of Windsor stated. he supports anything that will encourage industry and. help keep the real estate costs down; however, he did have a concern with increased trailer truck traffic on Bank Street. He stated he is aware of discussion with.VDOT about a possible connector road from Route 258 to the proposed location and he would ask the Board to keep that on the list of priorities. He stated he is in favor of enforcement and finding alternate routes to this type of business location. Darrin Stauffer stated there is a large area slated for industrial use included in the County's Draft Comprehensive Plan. He stated areas are created for industrial and commercial uses, but the Board continually creates these .conditional use areas. He stated he is not opposed to the application, but he would like the Board to look at this request very carefully. Chairman. Bradby closed the public hearing and called for comments from the Board. f! Supervisor Claud responded to Mr. Spivey and Mr. Stauffer's comments by advising there was a recent meeting between representatives of the County and the Town of Windsor concerning the connector road between Route 258 and Buckhorn Road. He stated at the Town's request. that project was placed on the County's plan and it will work its way up the priority list. He stated regarding traffic coming onto to Bank Street, it is on VDOT's project list for VDOT to come back with a plan for improving the crossing so that trucks can move through there without getting hung up on the grade. He stated regarding the proposed location of this project, there is a cotton gin located across the road from it which has been very. successful and an asset to the County. He stated he thought the area is well suited for what is being planned. Supervisor MacManus inquired if .the comments of the Director of Economic Development have been addressed by the owner operator. Mr. Alphin responded regarding landscaping issues, his family has a plan for landscaping the entire area and this piece would also be included. Regarding the watershed issues, the Corps of Engineers have reviewed :the matter and the proposed area has been declared non-wetlands, he said. Supervisor Claud moved the Board approve- the application of TLT Investors. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and. no Supervisors voting against the motion. 13 s~~,; 20 >~-2~g C. Proposed Fiscal Year 2002-2006 Capital Improvements Program for Isle of Wight County Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. Oliver Creeden of South Church Street, Volunteer Chairman of the Isle of Wight/Windsor/Smithfield YMCA, recognized members of the YMCA that were present in the audience. He thanked the Board for inclusion in the CIP and the recommendation by the. Planning Commission for funding in the. total amount of $500,000 to be paid over twenty (20) ..years. He stated these funds would support the planned expansion of the facility by providing an indoor pool, an expanded wellness area and a nursery center to the existing. facility.. Projections show based on the experience of other YMCAs in the area that a pool and other amenities would cause the membership to double within a year after completion of the project. With this improved facility, the YMCA will be able to offer other recreation programs that are not presently offered in the County or community. He requested that the County support 20% of the $2.4 million by the County's $500,000 contribution. He stated a similar amount is being. requested by the Town of Smithfield with the remaining 60% being raised from private sources, including foundations, corporations and individuals within the community. Reverend James Key, Volunteer Vice-Chairman of the Board of Directors for the Smithfield/Windsor YMCA Branch, shared with the Board what the YMCA is doing for families and children in the community. Supervisor Bradshaw inquired if the YMCA intends to provide the pool free of charge to the County's school system. Reverend Key stated he is not prepared to discuss the cost at this point, however, he is aware that the school system does not have a pool and the YMCA is willing to work with the school system and everybody in order to make this happen. Supervisor MacManus stated the YMCA has indicated previously a ..willingness to 'work with the community to find something that would be .equitable for everyone. u Estell Jamison of Riverside Drive spoke of the benefits of expanding YMCA programs in the community. Lawrence Fitt of Smithfield provided the Board with his insight on what the YMCA can mean to residents. 14 Heather Springfield of Carrollton spoke in support of a pool at the YMCA. 1 Charles Modlin of Smithfield spoke. in support of the YMCA. facility in Smithfield citing health reasons. Carson Cox of Smithfield spoke in support of the YMCA.. He stated swimming is an important part of scouting and other youth organizations. Chairman Bradby closed the public hearing. and called for comments from the Board. Supervisor Claud noted that the Board would be holding a work session on May 31, 2001 at 6:00 p.m. on the budget and the CIP. // Supervisor Bradshaw moved the Board proceed with the regular order of the agenda. The motion was adopted unanimously (5-0). // Supervisor Clark moved .the Board direct staff to request from the YMCA what the schools will be charging. for use of the proposed YMCA pool facility and report back to the Board before the CIP is acted upon 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. // Chairman Bradby called for the continuation of Citizens Comments. Darrin Stauffer addressed the Board concerning a statute which allows local governments to require disclosure of persons. with personal interests involved in zoning requests. Dr. James Key requested the Board review the 54% minority/majority in the Hardy District under-the proposed redistricting plan so as to .ensure minority representation. Thomas Finderson requestedthat the County be the applicant. on the preliminary application form to be submitted to the Department of Historic Resources for potential designation of the Colonel Josiah .Parker Cemetery on the Virginia Landmarks Register. 15 a~~~ 2Q ':".'.'230 Supervisor Clark requested that the County Attorney make a recommendation to the Board at its May 31, 2001 meeting responsive to this request. Mr. Finderson further addressed the Board concerning the application of the County's Industrial Development Authority for a U.S. Army Corp of Engineers' permit. and Virginia Water Protection permit. He noted that a Water Quality Impact Assessment should be required to be prepared for this property which he hopes will suggest mitigation for the drainage area. Sheriff Phelps addressed the Board concerning a Law Enforcement Resource Protection Officer grant position. Supervisor MacManus stated the. Town of Smithfield has approved a new school resource officer as part of the grant. He stated the-first three (3) years .are funded, but the fourth year must be funded by the locality, which will be paid by the Town of Smithfield. He inquired if the Sheriff was interested in the same option as the County receives a new officer with every 1,.500 citizens that locate in the County and with the growth the County is incurring, new officers are anticipated for the coming years. He stated there appears to be some benefit to bring staff on board (one (1) to two (2) officers) at a cost of three (3) quarters of the salary for four (4) years. He requested that the Sheriff respond to why he had indicated that he did not want to pursue that option. Sheriff Phelps stated he is not opposed to school resource- officers being located in the schools, but he is opposed to security guards being in the school system because he does not feel an officer would be adequately used if placed in a school for the purpose of patrolling the halls. He stated he feels that if the officers are going to be .placed in the schools, then they need to be utilized in the capacity that would benefit everyone, i.e., informing the students of the laws, as well as enforce the State laws. He noted there is a difference between enforcing State laws and school administration laws and all of this would have to be worked out with the school administration as to the authority that they would be willing to provide the officer and who would control that officer.. He reiterated that he is not opposed to resource officers being located in the school system, however, if the County places a resource officer in one (1) school, then a resource officer should be located in all schools. He stated if the Board is willing to absorb the cost, it can be done as the application for the grant is still available until June 15, 2001. He stated he does receive an officer for every 1,500, but the. Town of Smithfield receives. one (1) officer for every 450. He stated .the County has 319 square miles to cover and when you consider pulling an officer off and strictly putting him in the schools because he comes under the 1,500 guidelines, he really could not do this. He stated there needs to be additional funding from the County in order to have school resource officers. 16 1 Supervisor MacManus stated he see some benefit as there have been concerns in the past with the safety in the schools. He stated this would be an opportunity on a periodic basis that is funded outside the County. He stated he is aware that there is some cost to the. County. Sheriff Phelps stated the DARE program entails Kindergarten through sixth grade and contact is made .with the individuals and school administration. Also in place is awalk-through program whereby officers are required to walk through the schools and encouraged to eat lunch .with the students in the cafeteria. Requests by school administrators are responded to and. he respects their authority according to the code section, even though it sometimes conflicts with the County's authority. If the Board wishes to do so, he will apply for the grant and attempt to have. at least one (1) officer ready to go into the Windsor Middle School by September, he stated. Supervisor Clark pointed out that if the program is discontinued, there is a deputy that has been trained and could move into regular duties, if the County anticipates having positions in the future that will be funded by the County. He requested that the Sheriff provide. the Board with additional information on a school resource officer position. 1 Supervisor. Bradshaw stated the Board is discussing a school issue, one that will be implemented by the School Board, .which is beyond the Board's authority as far as granted by the State Constitution. He pointed out that the School Board did not request a resource officer position for security reasons in the school budget. // Chairman Bradby called for the Community Development report. Mr. Hartley distributed a proposed schedule of the proposed Zoning Ordinance revisions and an Action List from the recent Planning Commission meeting. He advised the Planning Commission appointed a working committee consisting of five (5} members charged with working with the Planning Commission on a regular basis with respect to revisions to the Zoning Ordinance. 1 Supervisor Clark noted his desire that a citizens advisory committee be formed, as done with the Comprehensive Plan. Supervisor Bradshaw noted his district does not a representative on this committee. 17 900P~ 20 ~ ~r~~? Supervisor MacManus stated representation of the public is necessary, the Carrsville District needs representation and he would like each Planning Commission member to work through the Ordinance so that each member can become better acquainted with the document. The Board noted its consensus that the entire Planning Commission be involved in the revision of the Zoning Ordinance rather than the formation of a working committee of the Commission. Mr. Hartley notified the Board that the long-range Planner position has been filled by Tevya Williams who will begin employment with the County on May 25, 2001. // Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, requested the Board's approval of a Resolution to Authorize Submission of a Grant Application and to Accept and .Appropriate Funds From the Virginia Revolving Loan Fund.. He stated it is time to make application to the State Revolving Loan Fund to correct the fluoride problems at Queen Anne's Court, Smithfield Heights and Carrsville. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT APPLICATION AND.. TO ACCEPT AND APROPRIATE FUNDS FROM THE VIRGINIA REVOLVING LOAN FUND WHEREAS, Isle of Wight County has been issued a Notice of Violation for excessive fluoride in six county owned water systems; and, WHEREAS, in order to comply with EPA standards to reduce fluoride, Isle of Wight County will need to provide extensive engineering and construction; and, WHEREAS, grant and/or loan funds in the amount of one hundred thirty thousand dollars ($.130,000) or so much as shall be received may be available from the Virginia Revolving Loan Fund to assist the county with said costs; NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board. of Supervisors of the County of Isle of Wight that the County is authorized to make application to the Virginia Revolving Loan Fund for grants or loans to assist in the costs of fluoride reduction and that one hundred thirty thousand dollars ($130;000) or so much as shall be received 18 f: be appropriated to the appropriate line item in the 2001-02 Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make appropriate accounting adjustments and to do all things 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. Following an inquiry from Supervisor Claud, Mr. Rountree noted he would provide the Board with additional details on HRUBS at the appropriate time for further Board action. // Chairman Bradby called far the Parks and Recreation report. George Kindred, Parks and Recreation, presented a Resolution to Submit the Application .for United States Department of Agriculture Food & Nutrition Service Summer Lunch Program Grant Funds and to Accept and Appropriate Grant Funds From the United States Department of Agriculture Virginia Summer Food Service Program which he recommends the Board approve. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO SUBMIT THE APPLICATION FOR UNITED STATES DEPARTMENT OF AGRICULTURE FOOD & NUTRITION SERVICE SUMMER LUNCH PROGRAM GRANT FUNDS AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE VIRGINIA SUMMER FOOD SERVICE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of a grant application requesting funds from the USDA Virginia Summer Food Service Program; and, WHEREAS, the funds in the amount of Forty One Thousand Seven Hundred Eight Dollars ($41,708.00) or as much as shall be received from the USDA Virginia Summer Food Service Program need to be accepted and appropriated to the Operating Budget Line Item for the Summer Program, in the FY 2001/2002 Operating- Budget of the County of -Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the hoard of Supervisors of the County of Isle of Wight that funds in the 19 1 - :l.QRJPI ~o fl~~.r234 .amount of Forty~One Thousand Seven Hundred Eight Dollars ($41,708.00) or as much. as shall be received from the USDA Summer food Service be appropriated to the Operating Budget Line Item for the Summer Program, in .the FY 200.1/2002 Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to .make the appropriate accounting adjustments 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. // Chairman Bradby called for the County Administrator's report. Mr. Robertson advised. that. a meeting was held this morning in Emporia regarding the replacement of the E-911 console at which time a preliminary cost estimate was provided by Verizon. He advised the Board that additional information would be provided to the Board at its June 7, 2001 meeting. Arthur E. Berkley, Superintendent of Inspections, stated that in an attempt to respond to members of the building community, he is presenting a request to the Board to modify the operational hours within the Inspections Department. County Administrator Caskey recommended that staff re-evaluate the matter at the end of the period to determine whether or not it is beneficial to the public for this Department to continue providing the modified hours of operations. Mr. Robertson presented a Resolution to Authorize Submission of a Grant Application to the Commonwealth of Virginia Department of Juvenile. Justice Services. for the Board's consideration. Supervisor Clark moved the Board adopt the following resolution .subject to review of the. grant. application by the Budget and Finance Department: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT APPLICATION TO THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF JUVENILE JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to maintain an Office on Youth as funded by a Delinquency 20 g~.~t ?n .?`35 Prevention and Youth Development Act grant from the Commonwealth of Virginia Department of Juvenile Justice Services; and, NOVt~, THEREFORE, BE IT .AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia authorizes the development and submission of an application for a Delinquency Prevention and Youth Development Act grant to the Commonwealth of Virginia Department of Juvenile Justice Services. 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 the Board clarify its motion at its May 4, 2001 meeting to appropriate funding for the Public Works Department. Supervisor Bradshaw stated he would refrain from making any public speeches on this as the Board is aware of his position on this matter. Supervisor Clark moved the Board allow $14,000 of the original $69,000 appropriation to be used for routine repairs and maintenance (observation deck safety issues with remaining funds to be used for only necessary repairs) in the FY01-02 Operating Budget. The motion was adopted (4-1) with Supervisors 1VIacManus, Bradby, Clark and Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion. County Administrator Caskey presented a Proclamation regarding National Safe Boating Week for the Board's consideration. Supervisor MacManus moved the Board approve the Proclamation. 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 take a five (5) minute recess. The motion. was adopted unanimously (5-0). // Chairman Bradby called for the County Attorney's report.. Responding to an issue );rought up by Darrin Stauffer during Citizens Comments, County Attorney Crook .advised the Board .that the statute provides should the Board desire to adopt such an ordinance, that applicants 21 swear under -oath that no one on the Planning Commission or governing body has any interest in the properly subject to the application. .Supervisor Bradshaw. moved the Board direct the County Attorney to review the statute -and determine how it applies with. the County's existing disclosure ordinance to ensure there are no redundancies and report to the Board on his findings. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. County .Attorney Crook reported to the Board on the contents of the County's current ordinance noting that it complies with the State statute authorizing such ordinances. He further explained that the Board's policy requires no smoking in buildings under the Board's control. County Attorney Crook reported that the Windsor annexation hearing was held last Friday and the annexation court did approve the agreement between the County and the Town of Windsor. County Attorney Crook .reported to the Board on the question raised by Supervisor Clark on the taxation land use matter for Eagle Harbor. He noted he reviewed the history of the statute and originally, if property continued in the same use, i.e., agricultural/forestal, the property would still be entitled to land use provisions under taxation. He noted that the statute was changed in the early 80s to provide that rezoning to higher use prevented the property qualifying for land use taxation. He advised that he has sent a letter to the Commissioner of Revenue requesting that he provide the Board with a .report on what the taxation situation has been on this property for the Board's information at its June 7, .2001 meeting covering the period from the rezoning in 1974 to the present. County Attorney Crook. reported that he has written a letter to representatives ofCharter Communications requesting that the agreement be signed and requesting another meeting. He requested that the County Administrator and Supervisor Clark be present at the meeting and noted that his secretary would be contacting them in order to set up the meeting. Supervisor Bradshaw moved.. that the Board direct the County Attorney, County Administrator and Supervisor .Clark to meet with Charter Cabievision to further negotiate the agreement with a schedule of roll-out and a map showing areas Charter plans to serve to be presented back to the Board at its June 7, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook reported that the deed for Johnson Avenue has been sent to the landowner with the revisions requested by the landowner. 22 County Attorney Crook reported that the Smithfield Town Attorney has responded to his correspondence concerning the Smithfield Water Agreement for Battery. Park and is proceeding to prepare an amendment to the agreement for the Board's consideration. // Chairman Bradby called for Old Business. School Board Appointments (Tabled May 3, 2001) County Attorney Crook advised the Board that the Board had previously determined the matter of School Board appointments would be considered by the Board at its May 31, 2001 meeting, not this meeting. Regarding the matter of the internal audit for the Treasurer's office, Chairman: Bradby read a letter received from the Treasurer noting discrepancies in the recent internal audit report by Goodman & Company. He stated the Treasurer will be asking for the Board's help in certain. matters and he will be suggesting a corrective action plan in these regards. He stated the Treasurer has advised that he will be addressing each item and include it with the Board package for Board review. ~i Chairman Bradby called for New Business. Mr. Rountree addressed the. request of Mr. Glover during Citizens Comments for a waiver for extension of County utilities. He-noted similar requests have come before the Board previously, one request in the area between Carrsville and Franklin, which the. Board granted. Another request came from Route 258 in which a gentleman was attempting to create several lots from one (1) that the Board denied, he stated. County. Attorney Crook suggested the Board consider an amendment to the County's ordinance that deals with similar situations for the Board's consideration. He noted the Board will continue to get. these types of requests, some which the Board may approve and others the Board may deny, and the Board needs some criteria or policy developed to deal with these situations uniformly. Supervisor Bradshaw moved the Board request the County Attorney to review the request with staff and report back to the Board.. The motion- was adopted with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 23 ~~~~ 20 ~,.::-.2`38 Supervisor Claud moved that the Board direct staff to speak with the Treasurer regarding the possibility of having the total dollar value of uncollected real estate and personal property taxes on the monthly report. 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 direct the County- Attorney to contact Grace Keen to ensure. that she .understands that .the .collection of taxes is a responsibility of the Treasurer and not the Board of Supervisors. The motion was adopted (4-0-1) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the .motion and Supervisor Clark abstaining from voting on the motion. Supervisor Claud moved. that the Board direct the County Administrator to notify the Suffolk City Manager the County is interested in attending the presentation with the City of Suffolk on the Eastern Virginia Airport Study. 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 direct staff to review the new EMS guidelines with the Director of Emergency Management and Mr. Robertson and have them develop a resolution to be sent to the State to postpone the enactment of the new EMS regulations. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved the Board direct staff to invite Delegate Diamonstein to address. regional cooperation and its relation to the issue of the severance tax on sand and other materials and .what support he will lend 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. Regarding the request of Michelle Harper regarding land application of bio-solids, Supervisor Bradshaw moved the Board direct the County Attorney to review Hanover County's ordinance to determine if it is appropriate for the County and report back to .the Board. 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/ Chairman Bradby called for Appointments. 1 7 1 24 Chairman Bradby moved the Board appoint Barbara Wiggins to the Central Dispatch Committee. The motion was adopted unanimously (5-0). 1 Supervisor Claud moved the Board reappoint W. Douglas Casket' to the Planning District Committee. The motion was adopted unanimously (5- 0). Supervisor MacManus moved the Board appoint Bob Waxham to the Board of Assessors, representing the Smithfield District. The motion .was adopted unanimously (5-0). // Supervisor Bradshaw requested. a closed session under Section 2.1- 344 A 1 of the Freedom of Information Act concerning three (3) personnel matters for discussion with counsel and staff involving evaluation. Supervisor Clark requested a closed session under Section 2.1-344 A7 of the Freedom of Information Act concerning a matter of probable litigation for discussion with counsel. 1 County Attorney Crook requested a closed session under Section 2.1- 344 A7 of the Freedom of Information Act concerning a matter of probable litigation for advice of counsel. Mr. Small requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning three (3} matters involving property acquisition for public use where public disclosure would adversely affect the County's bargaining position. Supervisor MacManus requested a closed session under Section 2.1- 344 A7 of the Freedom of Information Act concerning contract negotiations for advice of counsel and staff. Supervisor MacManus 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. 1 Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened. a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions ofthe Virginia Freedom of Information Act; and, 25 B~D~ 2~ .,- ?~U 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 in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved the Board direct staff to reply to Mr. Finderson regarding his questions pertaining to the wetlands/mitigation issue in the industrial site in Windsor.. 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. I/ Supervisor Bradshaw moved the Board continue its meeting until May. 31, 2001 at 6:00 p.m. at the Smithfield High School auditorium. The motion was adopted. unanimously (5-0). ~. . (~~-- enry H. Bradby, Chairman W. Dou as skey, Clerk 1 26