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09-06-2001 Regular Meeting aOeK 20 rr'41_0 .REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS: HELD THE. SIXTH DAY OF SEPTEMBER IN THE 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 Admnistrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the regular meeting of the Board together at 2:00 p.m. .Reverend Charles Beard of First Gravel Hill Church delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Bradby called for consideration of the Board of the following application: The application of F. Bruce Stewart & Holt M. Livesay, owners and Veterans of Foreign Wars, Franklin Post 4411, prospective owner for a change. in zoning classification from NC-R2 to Conditional General Commercial, 4.3 acres of land located on the east side of North Lynn Road, Franklin, in Windsor Magisterial District. The purpose of the application is for the home post for the Veterans of Foreign Wars,. Post 4411 Franklin and mini storage rentals. . Chairman Bradby advised that at the Board's regular meeting of August 16, 2001, Supervisor MacManus moved the Board approve the application. of F: Bruce Stewart & Holt M. Livesay based on the June 21, 2001 letter of proffers and including the July 14, 2001 proffered changes, which resulted in a tie vote (2-2) with Supervisors MacManus and Bradby voting in favor; Supervisors Clark and Claud voting against the motion; and, Supervisor Bradshaw abstaining- from voting noting a conflict of interest. Chairman Bradby reported the official Tie Breaker (G. W. White, Jr.) is present to cast his vote on this. matter.. Mr. G. W. White stated he studied the package provided to him by the County Attorney. He stated he attended a meeting set up by Supervisor 1 ., 1 1 ao~K 2(1::~:~411 Bradshaw with staff of the Particle Board Division of International. Paper. He, stated he had strong feelings regarding. property: rights and it is his belief that the County should accommodate those rights to its best. ability. He stated he also respected International. Paper's property rights -and he believes the American Legion will respect .those rights and give consideration to International Paper's concerns. Mr. White .voted in favor of the rezoning application of F. Bruce Stewart & Holt M. Livesay. The motion was adopted (3-2) with Supervisors MacManus and Bradby and tie breaker G. W. White voting in favor; Supervisors Clark and Claud voting against the motion; and, Supervisor Bradshaw abstaining from voting noting a conflict of interest.. // 1 Chairman Bradby recognized Judy Little in attendance, a member of the Surry County Board of Supervisors. // Chairman Bradby indicated the following Consent Agenda included Items 2, A through E, and asked if there were any items for removal; A. Resolution to Deem Certain Property and Vehicles as Surplus Equipment B. Resolution to Appropriate $4,269,030 From .the Unappropriated Fund- Balance of the General Fund for the .Completion of Various Carryover Capital Projects C. Resolution to Appropriate $4,407,767 From the Unappropriated Fund Balance of the General Fund for Various Capital Projects D. Mosquito Control E. August 2, 2001 Regular Meeting Minutes Supervisor Bradshaw requested that Item "B" be removed from the Consent Agenda. and moved to Old Business for further discussion. 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. Supervisor Claud moved the Board adopt the .Consent Agenda with the exception of Item "B". 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. 2 GVnN 2(l ~Ci i•r i~~ // Chairman Bradby called for Regional Reports. Regarding the Southeastern Public Service Authority, Supervisor MacManus reported that there was no meeting held last month. Regarding the Intergovernmental Relations Committee, Supervisor MacManus reported that both the Towns of Smithfield- and Windsor had representation at the meeting.. He noted regarding the utility tax, the Town of Smithfield will be making additional payments to the County and that action will be taken by the October Town Council meeting. He noted regarding the $60,000 for fire and rescue, $30,000 has been allocated for the Smithfield Volunteer Fire Department, but if there are sufficient. funds remaining, that those funds will be used for the rescue squad, as needed. He noted the need for.. additional .funding was indicated to the Town of Smithfield and will be addressed at future meetings. with the Town with regard to the rescue squad. He noted the need to address the three (3) governmental access channels was discussed with the General Manager of Charter Communications as to how the County intends to allocate those for local use. He stated proffers for the London Park development were discussed and the Town of Smithfield did acknowledge that 100% of the cash proffers for all developments that had been negotiated prior to annexation do go back to the County. He stated the potential for a fee service for dispatch was discussed and the Town of Smithfield indicated that it would be supportive if there was a billing process implemented. He stated staff indicated to the Town of Smithfield that Gatling Pointe would be relying upon Town water, as opposed to the well, and an agreement for Battery Park dealing with the fluoride issues is being set up. He stated staff did indicate to the Town of Smithfield that there was no need for Smithfield Heights to have water from the. Town. He stated a depletion of inventory of items for sale for tourism was noted and there is agreement by the Town of Smithfield and the County representatives that the profits for FY01-02 from the Gift Shop and Walking Tour would be used to replenish inventories. Supervisor Bradshaw noted that the meeting. that was established with the City of Franklin to discuss issues was postponed due to his inability to attend. He noted the Franklin City Manager and County Administrator Caskey are in the process of rescheduling such meeting. Regarding the Southside Mayors and Chairs, .Chairman Bradby reported that $25,000 was allocated for the study for improvements to Route .460 although no funds have been appropriated for construction. He `suggested that contact be made with Senator Quayle who is on the Transportation Committee in the General Assembly to advise of the County's interest in this project. He also advised that Richard L. Turner has agreed to accept the appointment to the Hampton Roads Work Force. He advised that therewill be a network delegation from the British government 1 3 1 1 1 eo~K . 2tl ~~r:-413 at a meeting on September 13th. He further advised that in .October, 2001, representatives of the Mayors and Chairs plan to .travel to Austin, Texas to review their economic development opportunities. // Chairman Bradby called for Transportation Matters. Under Current Road and Highway Projects, James Randolph, Planner, noted included in the agenda is a summary report of the .Current Road and Highway Projects dated September. 6, 2001. He noted -staff had met with VDOT representatives at the quarterly administration meeting with information received reflected in an updated list for the Board's September 20, 2001 meeting in anticipation of the VDOT Resident Engineer's quarterly. appearance before. the Board. Mr. Randolph reported under the Primary Road project list, that Item #8, paving at Smithfield Station, is complete. Under Item # 13, Route 460 flooding, staff met with VDOT on August 16, 2001 and VDOT has proposed to install additional drainage culverts under Route 460 and on Fire Tower Road which will be funded under. VDOT's .maintenance budget. .Construction, should begin in April, 2002 and be complete by June 1, 2002. .Under Secondary Road projects, Item #9, Whippingham Parkway, "Watch for Children" signs ..have been installed and speed limit signs posted. Item #2, centerlines on secondary roads, VDOT has advised that .this is not a statewide. problem and that VDOT will work with the County on a case-by- case basis. ,Under Rural Addition roads, South Johnson .:Avenue has been taken. into the State system .and assigned State Route number 1.829. The road will be widened and will receive surface treatment and a cul-de-sac. will be constructed. The start date is October 23, 2001 and construction should be complete by May 31, 2002. He noted .staff has met with VDOT regarding Duke's Lane and with Verizon engineers to get. preliminary cost. estimates for the relocation of telephone lines within the right-of--way. Under Item #2, .Primary Road projects, .Supervisor Bradshaw noted that the Kings' home has been .-demolished for the construction of Route 260. Mr. Randolph added that the project is anticipated to be complete by June 1, 2003. Under Item #7, signal lights at the emergency facilities; Supervisor Bradshaw moved the Board direct staff to correspond with Mr. Cleveland, VDOT District Administrator, .requesting that VDOT fund- the .two (2) emergency facility lights at Windsor and Rushmere and that the :funds come from the Surface Transportation Funds, The motion .was adopted with Supervisor MacManus, Bradby, .Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. 4 aQ~~ 2U ~ti,:414 Chairman Bradby noted the possibility of an accident occurring at the Rushmere Volunteer Fire Department due to the curve in Route 10. He requested that staff .follow-up after the letter is sent in case there is no response. Supervisor Clark inquired as to the status of the James River Bridge turnaround and message boards. Mr. Randolph reported that the proposal of message boards at Route 10/32 and Route 258 and an additional message board. at the bridge, as well as the. issue of placing a gate at the Isle of Wight and the City of Newport .News .sides of the bridge were discussed at the quarterly meeting. He noted the City of Newport News is not desirous of placing such a gate citing back- up of traffic on that side of the bridge. He noted VDOT will be performing a cost benefit analysis. Regarding the turnaround, Mr. Randolph reported that the City of Newport News. is also not interested in pursuing such construction and this is not part of the cost estimate in VDOT's proposal. Supervisor Clark noted that Carrollton should also be included in the list concerning the signal .lights at the emergency. facilities for Windsor and Rushmere. Supervisor Clark requested that when notices are sent to adjoining property owners of Yellow .Rock Road that staff explain the process and inform the residents that the County does not have the capacity to maintain the road, but that the County has done all it can up to this point in time and it is now a VDOT funding matter. hJnder Item # 10, Primary Roads, Supervisor Bradshaw advised that construction and utility work has begun on the Blackwater Bridge in Franklin. Jonathan W. Hartley, Director of Planning and Zoning, presented a Resolution Requesting the Addition of A Portion of Roosevelt Avenue (Route l 609) Into the State Secondary Road System for the .Board's consideration. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION REQUESTING THE ADDITION OF A PORTION OF ROOSEVELT AVENUE (ROUTE 1609) INTO THE STATE SECONDARY ROAD SYSTEM WHEREAS, the street described below was established on August 28, 1912, and currently serves at least 3 families per mile, and WHEREAS, the Virginia Department of Transportation has deemed this, county's current subdivision control ordinance meets all necessary 5 .. 8~~~ ~ 2tl ~~'~'4~5 requirements to qualify this county to recommend additions to the secondary system of state highways, ,pursuant to § 33.1-72.1, WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist, NOW, THEREFORE BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to § 33.1-72.1 (C), Code of Virginia:. Name of Street: Route 1609 (.Roosevelt Avenue ) From: Intersection of Route. 1610 (Lincoln Avenue) To: 0.042 mi E. Route 1610 (Lincoln Avenue) Guaranteed Right - of -Way Width: 40 feet . The street described above was established by plat titled Map of Jamestown Annex prepared by Day, Bonney & Co. and located iu the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, in Cabinet 1, Slide 376 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said .street to the prescribed minimum standards, funding said improvements .pursuant to § .33.1-72.1 (C), Code of Virginia. 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 distributed a letter from the VDOT Resident Engineer; received yesterday, concerning a cost estimate for paving. Holly Point. Way, as a result of the request by the County to have the roadway included into the -Route 10 project. He noted VDOT has advised .that Route 1:0 is a primary road and Holly .Point Way is a secondary road .and to date. there has not been a secondary road improved with primary funds. ~. Supervisor Bradshaw suggested staff meet with Mr. Cleveland at the site. Supervisor MacManus directed staff to pass on pertinent information to the citizens to keep them up-to-date and advise that VDOT is throwing obstacles in the County's way, but that -the County is continuing to work in this regard. // 6 809N ~ZJ ~hti`~~~ Chairman Bradby called for Citizens Comments. Grace Keen, on behalf of the Beautification Committee, requested the Board take into consideration the development of a parking area and park in front of the Circuit Court building. She further commented on the Peninsula Housing and Builders Association's request for meetings with the .Board. She requested that citizens be allowed to ask questions during the meetings and. uggested that they could put their questions in written form for the Board members to present. Thomas Finderson addressed the Board regarding Founders' Pointe. He noted that upon build-out, the traffic count will exceed the traffic count between Windsor and Smithfield.. He requested that Sugar Hill Road, from the Founder's Point curve to the stop sign, should be replaced with a highway comparable to Route 258 from Smithfield to Windsor. He noted a need for. additional right-of--way for mail carriers and that the curve be straightened to a "T". He requested a new traffic study, additional culverts installed under the :roadways leading to the homes, as well as under Sugar Hill Road, to .handle flooding. // Chairman Bradby called for the Community Development report. Pamela Shaw, Environmental Planner, addressed the Board concerning sponsorship of the South Hampton Roads Resource Conservation and Development District (RC&D). She stated the goal of the project is to ,assist local residents to plan and carry out ideas that increase conservation of natural resources, support economic development and enhance the environment and standard of living in local communities. She stated the project is sponsored by the U.S.D.A. Natural Resources Conservation Services, however, the projects. are solely decided upon by the local councils. She stated included in the Board's agenda is a list of staff's recommended projects. She advised that should the Board decide to sponsor the projects, the Board would need to appoint two (2) individuals to serve on the Council. She further advised that financial support in the future will consist of between $1,000 and $3,000 for education of Council members and to help fund a halfaime Administrative Assistant. Judy Little spoke on behalf of the future South Hampton Roads Conservation District proposal.. She stated staff anticipates funding from the Federal Government to be forthcoming. -She stated the County can anticipate receiving $10 for every $1 it contributes. She encouraged the Board to support the proposal and appoint the two (2) individuals to the Council. Supervisor Bradshaw moved the. Board authorize the Chairman to sign the sponsorship with the understanding that the County. will need to appoint 1 7 BOOM ~~ .'f4~~ 1 two (2) members for the Council and that the County is committing to a future (this budget year) commitment to funding in the amount of up to $3,000. 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 a schedule for consideration of the Founders' Pointe Master Plan. Noting that the Plan has not yet been discussed by the Board, , Supervisor Bradshaw recommended setting a time prior to the Board's regular meeting for discussion. Supervisor Clark moved the Board further review the guidelines established by the Planning Commission and .meet at 1:00 p.m. on October 4, 2001 prior to its regular 2:00 p.m. meeting for the Board to .present questions with another meeting to be scheduled in November for responsES and follow-up. 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 requested the Board give consideration of a date to meet jointly with the Planning Commission. He advised- that he has spoken with Ed McMahon whose first available date to appear before the Board is November 5, 2001. Supervisor Bradshaw stated that Mr. Hartley has. indicated the meeting will be devoted to discussing the main priorities and revising the Zoning Ordinance. He stated the Board has not yet discussed what .the main priorities are and how can the Board hold a joint meeting .with the Planning Commission and provide direction if the Board has not. yet set up specific goals for the Planning Commission. He suggested the Board first establish its priorities, vote on them and then meet with the Planning Commission. Supervisor MacManus moved .the .Board direct Mr. Hartley to invite Ed McMahon to address the Board on November 5, 2001. at 7:00 p.m. The $1,200 fee for Mr. McMahon is to be taken from the Contingency 1~und. The Planning Commission is encouraged to be in attendance and staff is to formally invite the Town Councils and Planning. Commissions for the Towns of Windsor and Smithfield, as well as make public invitations through the newspapers... Staff is to further check with. the School Administration to determine if the Smithfield High School auditorium can be utilized. The emotion 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 and the County Attorney deliver to the Board members their major priorities in revising the 8 eooK 20 ~~::-4~ 8 Zoning Ordinance prior to the meeting which is to be held to discuss the Zoning Ordinance. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud moved the Board direct that Mr. Hartley provide a revised schedule on the redraft of the Zoning Ordinance as a result of moving the meeting date with the Planning Commission past November. 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 a U.S. Army Corps of Engineers proposal. to reissue and modify regulations for nationwide permits. - Supervisor Bradshaw stated he understands the Corps of Engineers, through the Bush Administration, is looking at allowing building within the 100 foot buffer. He offered to provide Mr. Hartley with additional information for his perusal. Supervisor Clark requested that Mr. Hartley find out if CBLAD or DCR have taken any position on these regulations. Mr. Hartley advised the full CBLAD Board would be meeting on September 17, 2001 at 10:00 a.m. in Richmond in the Conference Room at the .James Madison Building to consider the Plan and whether it is consistent with the requirements of the Chesapeake Bay Act. He noted he would be attending and invited interested Board members to also attend. Supervisor Bradshaw noted he would try to attend. Supervisor Clark requested Mr. Hartley to verify a meeting on October 4, 2001 in Richmond regarding exceptional waterways. !/ Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, noted at the Board's August 6, 2001 meeting he provided the Board with an update on its fluoride situation and recommended the Board reject the loan application approved for the extension of certain water lines. He stated the Board directed him to look at the possibility of drilling test wells with the idea of finding a new well at the County's existing Carrsville and Smithfield Heights systems. that may have a fluoride content below 4.0 parts per million. He stated staff has met with the County's consultants and selected Garland Sydnor to assist the County in this regard. 1 1 9 1 1 1 Garland S. Sydnor, Jr. briefed the Board on .the course of action. and cost estimate for drilling new wells with fluoride below 4.0 parts per million: He advised. that that his. best estimate for drilling a new well with fluoride ' below 4.0 parts per million was 70% - 30% for Smithfield.. Heights -.and 40%- 60% for Carrsville. Mr. Rountree advised should the Board wish. to proceed, there are funds in the Capital Budget this year. and he would request the Board's approval to move forward with the development of a test well in the Smithfield Heights area which Mr. Sydnor indicates appears to be the County's best odds.. He stated there are not sufficient monies ~n .the budget . this year to do both tests this year, but based on the. results .from the Smithfield Heights area, the Board can decide whether. or not it wants. to move forward with the next test. Supervisor MacManus moved .the Board defer action for two (2) months until the Obrey system questions can be resolved and allow the • County. Attorney to become involved in the negotiations. The motion. was ; adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.... Mr: Rountree noted that the .Town of Windsor is planning on thee. construction of a new 150,000 gallons. elevated water tank to. equalize their storage and power flows as it relates to the Town: He stated it is anticipated that in the future, the County will desire to extend water service along. Route 460 west of Windsor. He stated staff has spoken with the Town of Windsor which is open to sharing the cost of additional storage. if the County shares in the cost. He requested the Board authorize. staff to negotiate with the Town of Windsor to upsize the proposed water tank with the County paying its proportionate share of the cost. Supervisor MacManus recommended that staff request that the cost not happen. in this fiscal year and that during discussions, it be documented in a written agreement that the County will have 150,000 gallons of water from that tank. Supervisor Bradshaw suggested the County request 500,000 gallons or more of water capacity from that tank since Route 460 is earmarked as a development area. He recommended that. as Mr. Rountree begins evaluating the County's needs that he keep in mind future development needs. Supervisor Claud moved .that the Board authorize Mr. Rountree, County Administrator Caskey and County Attorney Crook to initiate negotiations with the. Town of Windsor to upsize the proposed elevated tank with the County paying its proportionate share of the .cost. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud 10 aoa~ 2(l ~~~4~0 voting in favor of the motion (5-0) and no Supervisors voting against the motion, Mr. Rountree stated at the Board's July 19, 2001 meeting, the Board requested a report on needed improvements to the Carrsville water system in order that the Capital Budget might be amended. He advised the system is in poor. condition, has inadequate storage, inadequate .pipes that are old and deteriorated.. He noted the worse part of the system has been replaced, but staff does not have the manpower, nor the time, to replace the entire system. He stated all of .the Burwells Bay water system .has been replaced and metered, as well as the entire Battery Park system, however, there is not sufficient manpower to replace the Carrsville system at this time due- to routine repairs and maintenance of the entire County water and sewer systems. He stated staff has prepared three (3) estimates for. replacing the Carrsville system for the Board's consideration. Supervisor MacManus requested staff look at in-house from 3" with an independent review to ensure accuracy, what is the design capacity that the County runs for equivalent residential connections and what is the future fee structure for these customers. Supervisor Bradshaw moved the Board authorize himself, Mr. Rountree and the County Administrator to further review, explore and analyze the options and return to the Board at a later time with a recommendation. 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 suggested looking at a phased approach, i.e., what is the most immediate priority and fire protection, as needed, and bring these recommendations to the Board. Pursuant to the Board's previous request, Mr. Rountree presented a two (2) to three (3) year phase-in for water and sewer rates for the Board's consideration. Supervisor Bradshaw stated that the position of the Board with regard to unmetered water customers was that these customers would have a lesser rate until the systems were developed. He stated the Carrsville and Zuni systems have .not been upgraded and metered and the Board, when it changed the rate in .1997, voted that the unmetered water rates would not be changed until. the systems were upgraded. He stated he could not support changing the rates for those systems because the service has deteriorated. 1 C1 Supervisor Claud stated the Board is not ready to take action today as there are additional analyses that need to be made. 1 Supervisor MacManus requested Mr. Rountree to provide him with the current rates for water and .sewer for. the surrounding communities so that he can do some comparisons. Supervisor Bradshaw moved the Board delay action until the Board's November 1, 2001 .meeting. The motion was adapted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradbycahed for the. Emergency Management report. Richard O. Childress, Director of Emergency Management, reported: that 3S County employees were recently trained in emergency shelter operations with the Red Crass. He further reported. that.: he had received information from . Dinwiddie County advising that it is now charging for EMS services and that the rescue squad .within Bland ..County is now charging .for EMS. services.. He stated. there continues. to be a reliance on paid staff at the Isle of Wight Volunteer Rescue Squad on weekends. He stated when the leadership changed hands at the Rescue Squad, the provision for. members having mandatory weekend duty ship incorporated within their number of hours required to work, was rescinded. He reported that the Central Dispatch Committee had met on August 9, 2001 and August 21, 2001. On August 9, 200.1, the Committee requested thatthe consultant meet with them to answer questions, which occurred on August. 21, 2001. The Committee will again meet on September 19, 2001 to further discuss management issues and implementation of equipment. He reminded the Board that next Tuesday, September 11, 2001 is .the scheduled joint meeting with. the Fire and Rescue Association at 7:00 p.m. in .the Demonstration Room. Supervisor Clark moved the Board direct staff to request Brian Carroll and Vin Pulley to explain the change in management policy within the Isle of Wight Volunteer Rescue Squad to the Board at its meeting on September 20, 2001 due to the Board's concern with the potential cost impact. to .the County for coverage. 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. Childress atated the. Wireless Board granted approximately $59,000 .for implementation of receiving wireless 91 l calls at the County's public safety answering point. He stated the Central Dispatch. Committee recommends the Board approve the grant and allow the Sheriff to proceed. Supervisor Clark moved the Board allaw the. Sheriff and the .Central.. Dispatch Committee to separate reception of the wireless 911 calls at the County's public safety answering point from the overall. central dispatch 12 BOOp 20 •;';'472 effort and to proceed accordingly. 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. Childress presented a Resolution to Submit An Application to the Commonwealth of Virginia Office of EMS and to Accept and Appropriate Grant Funds From the Commonwealth of Virginia for the Board's consideration. Supervisor MacManus noted concern with the Opticom .system not. being a budgeted item and he would recommend deferring the matter to next year for funding in the budget. He stated he would be willing to support the volunteer recruitment efforts on a short-term basis for this fiscal year out of contingency funds. Supervisor Bradshaw moved the Board direct staff to meet with Messrs. Neblett and Cleveland with VDOT to request funding. for the Opticom .system from the STP Federal program. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved the Board allocate $3,000 from the Contingency Fund for: volunteer recruitment efforts and direct staff to apply for RSAF grant funds to assist with the development and distribution of recruitment advertisements and equipment purchases for the County's MCI trailer. 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 Caskey presented an Agreement for the Provision of Electric Service to Municipalities and Counties of the Commonwealth from Virginia' Electric and Power Company for .the Board's consideration. Supervisor Claud moved the Board approve and authorize the execution of the Agreement. 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 and from. discussion on the matter. Pursuant to previous Board :.action, County Administrator Caskey stated he has made contact with the Peninsula Housing and Building Association and provided the information submitted by the County Attorney regarding their request for join meetings. He stated included in the agenda 13 1 1 is a response from the Peninsula Housing and Building Association acknowledging the County's intent and .identifying certain topics for discussion. Supervisor Claud stated there is a Commission on Growth and Economic Development which is dealing with some of the issues noted by the Peninsula Housing and Building Association. He stated he did not see the urgency of a meeting until after the General Assembly session to see what comes out of the Commission on Growth and Economic Development. Supervisor Bradshaw. stated he could only support the request ~ if specific issues were listed on an agenda.. He stated he would.. further encourage- citizen involvement throughout the entire process. He stated he would also request that because the .Association came to the Board requesting. a meeting that the.. Association pay all associated -costs with fhe meeting. Supervisor Claud moved that the Board direct the .County. Administrator to respond to the Peninsula Housing and Building .Association that the Board would like to defer any such meeting until after the General Assembly meets and also that citizens be provided an opportunity to .participate in an arrangement to be decided in .advance of a meeting .:being set. The motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and. Claud voting. in favor of the motion and Supervisor Bradshaw voting against the motion. County Administrator Caskey presented a request by the Registrar for a replacement copier for her office. He stated included in the agenda is information relative to the cost of this equipment. under the County's current leasing program. .Supervisor Bradshaw moved the Board approve the request and authorize a transfer of $1,873 from the Contingency Account and direct staff to send a letter to the State. requesting reimbursement for this funding. 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 ~_ Intergovernmental Committee and directed to the Smithfield Town Council for a tree planting in the County's memorial garden in memory of Segar ("Sig") Cofer Dashiell for the Board's consideration. Supervisor Claud moved staff research how the payment of application fees have been handled on prior occasions and that staff place this -item on the agenda at the Board's September. 20, 2001 meeting for further consideration. The motion was adopted with.. Supervisors. MacManus, 1 14 1 eo~K 20 ..~-~z4 Bradby, Bradshaw, Clark and Claud voting in favor of the. motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey stated the County has. received notification .from. the Junior Commisison for the Arts that it has been awarded a $1,000 cash/matching grant (for a total of $2,000) to be applied to the Rawls Museum of Arts located in Courtland. Supervisor MacManus noted that the County only has $66,000 remaining in the Contingency Fund this year. He expressed concern that the request`for funding was. not presented during the budget process. Supervisor Claud moved the Board approve this grant subject to the Rawls Library system coming up with the match of $1,000. 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 directed that the Director of Budget and .Finance include this request in next fiscal year's budget, as requested by the Rawls Library system. County Administrator Caskey presented a request for funding . ' assistance from the Executive Director of the Genieve Shelter in the amount of $2,000 for the acquisition of the shelter that organization utilizes in the County. Anne F. Seward, Director of Budget and Finance, briefed the Board on the history of the home located. in the County. She stated the_ home is currently leased by the Federal Government which has given two (2) years' ;notification that the home will need to be purchased and provided a 10% discount from the assessment value for this effort. She stated the acquisition price of the home is approximately $55,000 and the request is for the $10,000 in funds to be placed into next year's budget so that she can begin her campaign with a $10,000 commitment from the locality although the actual acquisition -will not take place for another year and a half. Supervisor MacManus asked. Ms. Seward to inquire if the Federal Government would be willing to accept, for example, five (S) payments with no interest. Supervisor Bradshaw moved that the Director of Budget and Finance be directed to meet with the Shelter Director to explore other opportunities . and come back to the Board with a recommendation. 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. 15 Sharon- .Frix, Victim Witness Coordinator, requested .the Board approve grant funds to support victims within the community for domestic violence, sexual assault and stalking. She stated the grant funds have been cut by 20% and staff has proposals for sole in-kind match:. and a cash match to match the 20% reduction in the grant from last fiscal year. She stated she anticipates this grant to be left. up to localities. to fund it entirely in the coming years. She noted the total match for this grant. for this calendar year is $4,070... Supervisor MaclVlanus encouraged Ms. Frix to apply for grants in .the 1 1 future. as they become available. Supervisor Clark stated the County will not be able to continually make up the difference in what the State does not pay. He stated the County can not fiscally absorb what the State does not pay. He stated the County only has $66,000 in contingency to last the remainder of the fiscal year. He stated that while this is a worthwhile program, he does not want to send a ....message to the State that the localities will make up the difference. Supervisor MacManus moved the Board adopt .the following resolution with $2,035 from. the Contingency. Fund and $2,035 as a new line item for fiscal year 2002-2003: RESOLUTION TO SUBMIT AN APPLICATION FOR V-STOP GRANT PROGRAM FUNDS AND TO ACCEPT AND APPROPRIATE GRANT. PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the. Board of Supervisors of the County of Isle of`Wight, Virginia has approved the grant application to the Commonwealth of Virginia, Department of Criminal Justice Services for the V-STOP grant funds; and, WHEREAS, the funds in the amount of fifteen thousand nine hundred. dollars ($15,900) or as much as shall be received from. the Virginia Department of .Criminal Justice Services need to be appropriated to the appropriate line item in the FY2001-2002 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifteen thousand nine hundred dollars ($15,900). or as much as shall be received from the Commonwealth of Virginia Department of Criminal Justice Services be appropriated to the appropriate .line .item in the 2001-2002 Operating Budget of the County of Isle of Wight. 16 soon 20 :;:-:-4?s BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized. to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion .was adopted (4-1) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion and Supervisor Clark voting against the motion. Regarding the Registrar's prior request and the V-Stop grant for funding, Supervisor MacManus moved the Board direct staff to send invoices to the parties responsible where the County is .now being charged for expenditures the County was not previously charged for, with copies provided to the County's Delegates and Senators. The letter should make known that the reason the County is doing this is that the. County feels Like .these were not things the .County could. arbitrarily cut because of the importance to the County and its community and that the Board did discuss whether the County should just let the service fall through the cracks, .but the County felt. it could not reflect the type of unresponsiveness that the State has shown the County and that .the County did step forward when it did.-not have to. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,.Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey stated pursuant to previous Board action for staff to make contact with the School Board and Social Services regarding their own legislative priorities .for the coming year, as well as the General Assembly delegation, a tentative date is set for November 15, 2001 at 4.:OO p.m. fora .meeting prior to the Board's regular meeting to discuss legislative issues. Supervisor Bradshaw moved staff proceed to formally set November 15; 2001 at 4:00 p.m., prior to the Board's regular meeting, in the Board ' Room for a meeting with -the County's General Assembly delegation. 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 Mr. Robertson incorporate the issue of the County having to pick up the cost of items it previously did not have to and that the. County... intends to send a bill to the State be incorporated in the .County's legislative package. 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, presented Change Order #2 for the Whitley property and Change Order #3 for the Thompson property for the replacement of 1 ~~ 17 R 1 1 1 undetected. rotten woad .with. ,regard to the .County's Hazard Mitigation Program. He distributed a status report illustrating the progress made to date. Supervisor Bradshaw moved the Board- approve .the noted change orders. 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 Attorney's report. County Attorney Crook distributed a copy of the Street Lighting Policy adopted by the Board of Supervisors August. 16, 2001, with approved amendment pertaining to the period of time that the developer/petitioner be responsible for the cost of operation of the lighting to be changed from five (5) years to seven (7) years. Supervisor MacManus moved the Board adopt the amended Policy as- presented.. 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 that a list of street lights be incorporated into the GIS system. County Attorney Crook presented the Deed of Trust as security for proffer for the development on the James River which he recommends the Board approve. Supervisor Claud moved-.the .Board approve the Deed of .Trust. and authorize the Chairman to sign same 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 reported that the Boykin's Tavern Guidelines Committee and the Boykin's Tavern Advisory Committee had met and will have a second meeting on September 15, 2001 and he will have a written report for the Board at its September 20, 2001 meeting. , 1! Chairman Bradby called for Old Business. Resolution to Appropriate $4,269,030 From the Unappropriated.: Fund . Balance of the General Fund for the Completion of Various Carryover 18 ~ . Capital Projects (Listed under the Consent Agenda and deferred to Old Business) Supervisor Bradshaw inquired if the appropriation resolution is necessary to complete the projects that the County is already committed to. Supervisor MacManus moved the Board approve the following resolution as provided to the Board: RESOLUTION TO APPROPRIATE FOUR.MILLION TWO HUNDRED SIXTY NINE THOUSAND THIRTY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE COMPLETION OF VARIOUS CARRYOVER CAPITAL PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight; Virginia has approved the carryover of appropriated funds for various capital. projects of the FY 00-01' Capital Budget; and, WHEREAS, the funds in the amount of four million two hundred sixty nine thousand thirty dollars ($4,269,03:0) need to be appropriated to complete the 2000-01 approved Capital Budget projects from the Unappropriated Fund Balance of the General Fund to the .2001-02 Capital .Budget of the County of Isle of Wight. NOW, THEREFORE; BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of four million two hundred sixty nine thousand thirty dollars ($4,269,030) from the Unappropriated Fund Balance of the General Fund be appropriated to the 2001-02 Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. .The motion was adopted with Supervisors MacManus, Bradby, Bradshaw; Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark requested an update on the cemetery in Rescue. Mr. Hartley advised he has identified deeds in the Clerk's office and forwarded that information to Assistant County Attorney Phelps who will provide a response in writing which will be forwarded to the Board as soon as received. Supervisor Clark advised he is continuing to receive complaints ..regarding inadequate cable service in the Carrollton area. 1 19 .. _~ 1 eooK 2t) .::-429. . ..Supervisor MacManus moved the .Board direct the County. Attorney to -send a letter. addressing service problems and appropriate compensation, as -well as readdress the needfor approval of a franchise agreement with the County for Charter Communications Company. 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 staff provide an update at a future meeting. regarding the Virginia Byway Designation Program. // Chairman Bradby called for New Business. . Regarding .the issue of governmental access channels w-ith Charter .Communications Company, Supervisor MacManus moved the Board direct staff to work with appropriate staff and citizens to come back with recommendations on how the County should propose to use the three (3) government .access channels throughout the County and to illustrate the different areas of the County as to whaf they would receive and return to the Board with a proposal of what should be the County's request to Charter. 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 reported .that the Smithfield. Town Council does intend on making a $12,411.78 payment to complete the $60,000 funding for fire and rescue which should complete the Town of Smithfield's 2000-2001 commitment of $60,000 funding to the County. Regarding a memorandum .received from the County.. Administrator concerning.. the failure of the Treasurer to make a debt service payment, Supervisor MacManus recommended the Board .request an explanation from the Treasurer. Supervisor Bradshaw moved he Board direct the Personnel Committee. and the County Administrator to meet with the Treasurer to discuss this issue. 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/ Chairman Bradby called for Appointments. 20 eoo~ 20 -h:~ 430. Supervisor ~ MacManus moved the Board appoint Supervisors Clark and Bradshaw on .the RC&D Committee. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board reappoint Julia W. Perkins on the Paul D. Camp Community College Board. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board reappoint R. L. Walker as the ex- officio on the Youth Services Advisory Board. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Eleanor Hawkins as the ex-officio on the Youth Services Advisory Board. The motion was adopted unanimously (5-0). // County Administrator Caskey requested a closed session under Section 2.1-344 A 1 of the Freedom of Information Act concerning two (2) ,.personnel matters and under Section 2.1-344 A3 concerning a potential sale of public property requiring advice of counsel. County Attorney Crook requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning two (2) matters involving acquisition of property for public purposes where public disclosure could adversely affect the County's bargaining position and under Section 2.1-344 AS concerning a matter involving industrial prospect siting where there has not .been any prior public disclosure. Supervisor Clark requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning a matter involving acquisition of property for public purposes where public disclosure could adversely affect the County's bargaining position. Supervisor Claud 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 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, 21 *. e~n~~ 2~l r:;: 431 WHEREAS, 2.1-344.1 D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that. the Board of Supervisors hereby certifies that, to the best of each member's knowledge,. (i) only public business matters lawfully exempted from open .meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed •or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT- DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, ::Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and.. no Supervisors voting against the motion. Supervisor MacManus moved the Board direct County Administrator Caskey to make the necessary salary adjustments in a two (2) phase approach with the second phase being weighted based on performance. review. 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 that a-joint permit application for activities in waters and wetlands of the. Commonwealth. of Virginia be filed for the property as stated and that the Economic Development Director be .authorized to sign as the County's agent. 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.. // At 8:25 p.m., Supervisor Bradshaw- moved the Board continue its meeting .until Tuesday, September 11, 2001 at 7:00 p.m.. in the Demonstration Room for the purpose of meeting with the Fire -and Rescue Association. The motion was adopted .with Supervisors MacManus, Bradby, 22 BQQq 2~ ~h 7r iCJ i../ .Bradshaw, .Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // enry H. ra by, Chairman 1 L 1