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11-01-2001 Regular Meeting1 900 2~.1 -:.: ~OJ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF NOVEMBER 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 Casket', County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 2:00 p.m. The ' ~, invocation was delivered by Supervisor Claud. Members from the. American Legion and Veterans of Foreign .Wars conducted the Pledge of Allegiance. 1 // Chairman Bradby called for Special Presentations. Greg Baka, Resource International, Ltd., provided the. Board with a presentation on the: services offered to local governments for regulating and controlling wireless telecommunications facilities.: He -submitted for the. Board's review a contract that stipulates Resource International, Ltd. proposes to do the County's application review for the next three {3) years of any new wireless facilities at no .monetary cost to the County via an escrow account. He explained that the County sets up an escrow account by ordinance and the .carrier first pays into such escrow account and any work performed by Resource. International, Ltd. would be billed directly to the escrow account monitored by the Treasurer until itemized billing comes in from the consultant. Supervisor Clark noted that the equipment at .the base of the towers which are worth approximately $350,000 to $500,000 are not currently taxed. Supervisor Bradshaw stated it is .the job of the Commissioner of the Revenue to tax equipment and the County does not need a consultant for that. 1 eo^K 20 ~;;;~ 5~6 Mr. Baka suggested that during lease negotiations a locality never accept a lease that stipulates the carrier's equipment to be classified as personal property as it should be classified as real property. He stated after lease negotiations, the matter becomes an issue for the Commissioner of Revenue. Supervisor Clark asked Mr. Baka to explain to the Board why it is a benefit to the County to locate towers on County-owned land. Mr. Baka stated because localities can capture revenues from these facilities. Supervisor Clark asked Mr. Baka if the proposed ordinance also requires .that carriers inspect according to FCC regulations regarding the .structural integrity of the tower and perform annual or bi-annual inspections of the frequency emissions. Mr. Baka stated `des" and that also every guide tower should be inspected every three (3) years and that every stand-alone tower should be inspected every five (5) years. He stated this is often .overlooked by counties, Supervisor MacManus inquired if Resources International, Ltd. was .trying to get people to use the space on the towers or are. they waiting until inquiries are received. Mr. Baka stated .they can make a phone call for the County, however, they do not actively solicit tower companies. Supervisor MacManus stated according to the model ordinance, the applicant would be required to pay $8,500, but the County currently provides .this service so why would an applicant want to pay Resource International when the County provides currently provides it for free. Mr. Baka stated he believes his company can do a much more thorough job as most counties only cover between 50% to 75% of what they could be charging. Supervisor Bradshaw stated the success is all based on applications, but his .position is that he does not want applications coming into the County. Supervisor Clark stated if an applicant is willing to pay the fee the .applicant comes before the Board one (1) time instead of three (3) or four {4) times. He stated Resources International does not encourage applications and the County will continue to get applications regardless that will have to be dealt with. 1 1 u 2 Supervisor Bradshaw stated the only way Resource International. can stay in business is to have applications and whether or not they are actively pursuing applications, the perception is that that is what they are doing, so why would he want to have a contract with the County if it does not have - any applications. Mr. Baka stated there are approximately 150,000 facilities nationwide and 500,000 additional facilities are expected by the industry in the next three (3) to four (4) years. Supervisor Bradshaw. inquired what happens when there is no escrow account left. and bills are still coming in. Mr. Baka stated he would highly recommend that any ordinance contain a clause that states once a certain minimum threshold is achieved, that the escrow account. must automatically be replenished .before the process proceeds. Supervisor Claud inquired if the contract was an exclusive contract ' requiring. every application to go before Resources International. Mr. Baka stated it is an exclusive contract and he does recommend - every application go before Resources International. Supervisor Claud inquired what would happen if the Board turned. down an application. Mr. Baka stated as long. as the County has. a substantial written record which is incorporated into the minutes the County Attorney will have what he needs in order to protect the interests ofthe County. '~, R. Stan Tatum, President, . Land Planning & Design Associates, presented to the Board the completed Master Plans for the Carrollton Nike Park and the Central County Park. Supervisor .Claud moved the Board receive the Plans. as presented. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor. of the motion (4-0) and no Supervisors voting against the motion. Supervisor Clark was not present. // Chairman Bradby indicated .the following Consent .Agenda .included Items 3, A through I, and asked if there were any items for. removal: A. Water. and Sewer Construction and. Operation Plan 3 eo~~ ~(1 -:,:~~~~ B. SDSD Water Transmission Main -Norfolk Southern Agreement Modifications C Additional Budget Allocation, Isle of Wight County Fair 2001 D. Virginia Byways Program E. Recommendation from Boykin's Tavern Advisory Committee F. Status of Surplus Equipment Sale G. October 1, 2001 Continued Meeting Minutes H. .October 4, 2001 Continued Meeting Minutes I. October 4, 2001 Regular Meeting Minutes Supervisor Claud moved the Board adopt all items of the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for Regional Reports. Regarding the Inter-regional visit, Chairman Bradby reported that he attended, the Hampton Roads Chamber of Commerce meeting held in Austin, Texas this year which focused. on high.technology. He encouraged other Board members to go on future visits if they have the opportunity. Regarding the Hampton .Roads Planning District Commission, Supervisor Claud reported .the HRPDC had received a presentation on the Metropolitan Medical Response System. Regarding the Southeastern Public Service Authority, Supervisor MacManus reported that SPSA discussed going to $33 per ton verses $50 for small waste haulers. He reported that SPSA did take action to proceed with SPSA buying the acreage for the expansion of the Suffolk landfill (525 acres) for $3.675 million as a future resource for landfill disposal beyond 2017. // Chairman Bradby called for Transportation Matters. Regarding his previous request for staff to request VDOT review the speed limit along Stevens ,Drive, Supervisor Bradshaw moved the Board r_ ., 4 90~~ ~tl .;- ~~~ direct staff to meet with VDOT to discuss the possibility of reducing the speed limit on Stevens Drive. 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 requested Mr. Hartley follow-up on the drainage- issue on Tower Drive. Supervisor -Claud .requested Mr. Hartley verify .,if South Johnson Avenue was advertised in the newspapers.: Supervisor Clark requested Mr. Hartley request VDOT to have the weeds cleared at the intersection with Route 17. Chairman .Bradby suggested the Board discuss with its General . Assembly delegation the possibility of adding Holly Point Way to the Primary construction contract for.Route 10. Supervisor Bradshaw requested Mr. Hartley check to ensure that Pruden Road was advertised in the newspapers. // Chairman Bradby. called for Citizens Comments. Grace Keen advised that 26 individuals had attended the recent tree planting ceremony in the Memorial Gardens in memory of Sig Dashiell. She also requested the County take action to powerwash the Health Department building and repair the cracks in the sidewalks. She offered to donate boxwoods for beautification to this building. She also distributed flyers on the Town Meeting to be held on November 13, 2001 at the Smithfield. Middle School and invited interested Board members and staff to attend. Supervisor Clark moved the Board direct staff to review the condition of the Health Department building located in the Town of Smithfield. and to meet with Mrs. Keen and bring back to the Board recommendations on how to address her concerns at the. Board's November 15, 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. // Chairman Bradby called for the Community Development. report... • Mr. Hartley presented a request of.Franklin Fall Festival Association for a Fireworks Permit. 5 80"K ~'~~ ::~~~0 Supervisor Bradshaw stated the band is going to be located inside the hanger, but the individuals -will be outside which may require a permit. He stated .alcohol. may also be served and he did not want to approve anything until the County knows specifically .what is involved. He asked what is planned inthe way of safety, i.e., police, fire and rescue protection. Mr. Hartley noted included in the staff report is a letter stating that the Franklin Fire Department and Franklin Rescue have been notified. Supervisor Clark noted there is a State-wide band on burning now. Supervisor MacManus stated the burning band is Statewide and if it is still in place this will preclude the fireworks from taking place. Mr. Hartley stated the .music entertainment does not require a permit from the County at this point because the entertainment will be located :.inside a hanger. He stated staff has allowed at other events the bands to be in the building and if the crowd spills outside of the building then staff has not considered that a violation in the past. County Attorney Crook stated the purpose of the County's ordinance is to control crowds and have sanitary facilities, security and parking for crowds. He stated the City of Franklin should have applied for a permit in his opinion, however, he does not blame them if County staff told them they did not have to apply for a permit. Supervisor Bradshaw moved the Board approve the request based on condition .that the State Fire Marshall is in agreement that this is a safe activity- at this time. 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. Mr. Hartley reminded .the Board of the November 5, 2001 workshop on "Livable Communities" with Ed McMahon at 7:00 p.m. at The Smithfield Center. He noted that all Planning Commission members would be encouraged to attend. // Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, presented a proposed engineering agreement between the County- and R. Stuart Royer for the offsite road, drainage, surveying, engineering, water and sewer for the new Sustainable Forrest Industrial Park located in the Windsor community. He stated funds .are available in the County's Capital. Budget. He stated he would recommend approval of the contract contingent upon any revisions that need to be made to meet the County Attorney's approval.. 1 D 6 eo~K 2U .:: 511 Supervisor Claud moved the Board approve the engineering agreement. with R. Stuart Royer contingent upon review and approval. by the County Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no Supervisors voting`against the motion. Mr. Rountree stated on September 6, 2001 the Board considered the Carrsvlle water system replacement and delayed action pending a meeting between Supervisor Bradshaw, -the County Administrator and himself 'to formulate a financial plan as to how the replacement can be accomplished. He stated the Board was shown a plan where a continuous commitment of approximately $170,000 over the next six (6) years will provide the. funding to replace the Carrsville system, as well as a two (2) year program to replace the Zuni system. .Supervisor Bradshaw .moved the Board forward the issue of the Carrsville and Zuni water system replacement plans to the Board's Finance Committee for their consideration during the CIP budget process next fiscal year. 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. Mr. Rountree presented proposed water and sewer rates to the Board for discussion and direction. Supervisor Claud moved that the sewer rate for the Camptown community be .advertised for` public hearing at the December 20, 2001 meeting to increase the sewer rate in that area for one-half of the cost with treatment to be added as currently being, charged and the second part of the fee would be effective January 1, 2003. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting irr favor of the motion. (5-0) and. no Supervisors voting against the motion. Supervisor Claud further. moved that staff notify the Camptown customers that the treatment fee is ..being treated in a like manner to be effective January 1, 2002, second. part of the fee to be effective on January 1, 2003 with. public hearing at the second meeting in December. of .2001 .(for commercial and industrial users). The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and Supervisor Bradshaw abstaining from voting on the matter. Supervisor Bradshaw. stated if the water needs of .the Carrsville ..community were being met it would be different, but as far as they are concerned they have been left out for all these years. He stated he could not find any justification for increasing the rates unless the Board takes action to repair the system. 7 . eoe~ 2~~ .,,..-~~? Supervisor MacManus moved the Board direct staff to set a public hearing on December 20, 2001,, for metered customers for water service going from $2 to $3 for every extra 1,000 gallons of water used. over 6,000 gallons. 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. Supervisor MacManus further moved for unmetered water availability, to set. a public hearing on December 20, 2001 for a rate increase from $16 to $20, to be effective July 1, 2002. The motion was defeated (2-3) with Supervisors MacManus and Claud voting in favor of the motion and Supervisors Bradby, Bradshaw and Clark voting against the motion. Supervisor MacManus moved the -Board direct Mr. Rountree to research and provide customer complaints to the Board concerning the water system in Carrsville. 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 hold a public hearing on an ordinance to increase the sewer rates from $12 to $13, effective July 1, 2002 and said public hearing to be held on December 20, 2001. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board direct staff to have all the. financial impacts (additional revenues received due to these rate changes) on the motions above regarding .utility fees to be presented at the time of the public hearings. These impacts are to be included in the Board's agenda for their information. 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 provided the following clarification of the above motions., to which the Board responded affirmatively: Effective January 1, :2002; .the water rate will increase from $2 per 1,000 to $3 per 1,000 for all ` water over 6,000 gallons per month for all customers; and, staff will develop a water rate structure to go into effect January 1, 2002 that will incorporate a rate per 1,000 for those non-HRSD sewer customers (generally customers. in .the Southern Development Area); a sewer rate that offsets the charge that ,the City of Franklin charges the County (that rate being set up on a certain number of dollars per 1,000 gallons, two (2) step increase, half of the increase going into effect January, 2002 and the other half January of 2003; and, a sewer. rate increasing from flat rate of $12 to $13 per month. // S eo~~ 2f) .~:-5~3 Chairman Bradby called for the Economic Development report. Patrick J. Small, Director of Economic Development, presented a resolution concerning the Charlotte Hornets and their proposed relocation to the City of Norfoik, the City of Louisville or the City of Charlotte. He stated -the Hampton Roads Partnership is requesting the County's endorsement for the relocation. Supervisor Bradshaw inquired why the Charlotte Hornets are considering leaving the City of Charlotte.. He stated he could not support the resolution because of what he has Iearned -from family members who have connections with sports individuals in the City of Charlotte. Mr. Small stated the resolution presented tonight states .that an NBA team is being attracted, but it does not mention the Charlotte Hornets.. - 1 1 Supervisor Clark moved the Board adopt- the following language to be contained in a resolution in the recruitment of the Charlotte Hornets and that the Chairman be authorized to sign same: "Resolved,. that the City Councils, the :Board of Supervisors, and Town Council of the seventeen cities, counties and town constituting the region known as Hampton Roads, do support and endorse the. effort to attract a National Basketball Association team to our region, and encourage our citizens and business community to do likewise." Further, the Chairman and, . if necessary, the County .Administrator and County Attorney are authorized to sign such document(s) as may be created or presented containing the above language.. The motion was adopted with.. Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-1) and Supervisor Bradshaw voting against the .motion. . Supervisor Clark stated. when other cities have desired... the County's ~ endorsement of various things, the County cooperated, however,. when- the County desired to implement a severance tax, ..these other localities did not help the County. in its efforts at all which is very disturbing to him. Supervisor MacManus moved that staff' forward a . resolution to .the other seventeen (17) communities suggesting their .endorsement that -..the ` County be allowed to have both the severance and. cigarette taxes as options and that an appropriate draft .resolution be prepared and provided to all neighboring communities in Hampton Roads to gather their support as the County goes forward into the 2002 General Assembly year, as well as an item .for the Hampton Roads Mayors and. Chairs Caucus and Southside Mayors and Chairs. 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.. // 9 eoa~ 2Q -~: 5~.4 'Chairman Bradby called for the Parks and Recreation report. There was nothing offered for discussion by the Board. // Chairman Bradby. called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, provided an update on the draft. summary of the Hampton Roads Metropolitan Medical .Response. System as prepared by the Hampton Roads Planning District Commission and sent to the Federal Government for approval. Mr. Childress noted that a video is available upon request for .perusal by .,the individual Board members. Mr. Childress presented a copy of a letter from Bill Sizemore, Captain of the Windsor Rescue Squad, requesting the dispatching of the County rescue squads be moved from the Smithfield dispatch to the Sheriff s office. He noted that the squads would be further coordinating the implementation of the request with the Sheriff He stated. the funding for the four (4) positions that are currently in Smithfield. would be better served at the Sheriffs dispatch center. He stated there will be some need for emergency medical dispatch training to begin within the Sheriff's office, as well. Regarding complaints from Mr. Sizemore concerning his inability to hear the dispatchers, Mr. Childress stated Gately Communications is currently reordering headsets for the Smithfield Dispatchers which were incorrectly ordered the first time. Regarding complaints filed by professional staff and volunteers, Mr. Childress advised that the Dispatch Center in Smithfield has advised it will no longer be able to track employees' time due to the installation of its new dispatching soffware. Supervisor Bradshaw moved the Board direct the Intergovernmental Committee to -meet with the respective towns to duly inform them of the direction the County is moving in with regards to dispatching. 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 noted the Board's desire to help the volunteer rescue squads with emergency personnel. when needed. He stated in this regard, if the squad was to stop performing outside the normal hours of operation, he would be $2,000 over budget for salaries. He stated if the squad continues at the current pace,: his budget will be over budget by $6,000-$7,000 at the fiscal year's end. 10 BO~h 20 ..`~~~1 11 .Supervisor Bradshaw noted the Director of Budget and Finance can prepare the necessary appropriations resolution at the end of the fiscal year, if needed. Responding to Supervisor MacManus' regarding. the rescue antenna, Mr. Childress stated- Commercial Radio is anticipating the last of the, equipment to be delivered in the next several days. He .stated- Henry's Tower. Services has advised that with 48 hour's notice,. they can do` the installation. // Chairman Bradby called for the County Administrator's report: County Administrator Caskey stated staff recommends the .Board authorize staff to proceed in preparing a revised lease 'agreement with the Social Services Department to become effective. beginning of next fiscal year. Supervisor Bradshaw moved the Board authorize staff to prepare a revised lease agreement with. the Department of Social Services to be effective July 1, 2002. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion (5-0) and no Supervisors voting against the motion. Resolution to Appropriate $2,000 From the .Museum Gift Shop Fund. Balance: ..Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO THOUSAND DOLLARS FROM ~! THE MUSEUM GIFT SHOP FUND BALANCE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved funding for the purchase of computer equipment and software from the Museum Gift Shop Fund Balance; and, WHEREAS, the funds in the amount of two thousand dollars ($2,000) need to be appropriated from the .Museum Gift Shop Fund Balance to the appropriate line. item in the FY 2001-02 Museum Gift Shop 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 two. thousand dollars ($2,000) shall be appropriated from the Museum Gift Shop Fund Balance to the appropriate line item in the FY 2001'-02 Museum Gift Shop Operating Budget of the County of Isle. of Wight.. t~ eooK 2U .~:::•~~.6 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. .County Administrator Caskey noted the County's Beautification Committee is experiencing difficulty getting full attendance at their meeting. He stated the Committee recommends the Board consider the addition of two (2) at-large members. ..Supervisor Clark moved the Board appoint two (2) additional members from each election district to the Beautification Committee with names to be recommended by the Committee. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and. no Supervisors voting against the motion. County Administrator Caskey presented the 20021egislative priorities contained in the agenda package and reminded the Board that it would be meeting with its legislative delegation at 4:00 p.m. on November "15, 2001 prior to its regular meeting. Supervisor Bradshaw moved the. Board direct staff to prepare. a map designating the region showing the localities, as well as the Towns of Windsor and Smithfield, with a cigarette tax and a map showing .all the borrow pits in the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus moved the Board direct the County Attorney to research what is necessary for the Board to do in order "to remove the tie breaker, and once the Board takes this action, will it eliminate that process immediately or will the individual appointed remain in place until the end of his term. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against- the motion. Supervisor Bradshaw moved the Board adopt the 2002 legislative priorities. as presented to the Board with the additions made in the above motions with .maps and removing the tie breaker vote 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.. 1 1 1 12 ~~ 1 County Administrator Caskey stated the Board had previously discussed having .its Board retreat at the Smithfield Center. He stated the facility is not available on the .dates previously discussed by the Board, however, it is available on the. first Friday evening and Saturday in February.. Supervisor MacManus moved the, Board direct staff to take action to book the Smithfield .Center on the first Friday evening and Saturday in .February, 2002 for the purpose of conducting the Board's Annual Retreat. An agenda is to be developed later on. 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 information presented by Donald M. Long, Director of Public Works, on the Board Room audio system. He stated the suggested solution is to consider replacement of the amplifier from a 60-watt. amplifier to a 100-watt amplifier. Supervisor Bradshaw moved the Board authorize the .County. Administrator to proceed with the improvements as presented by the Director of Public .Works. 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 // Chairman Bradby called for ,the County Attorney's report. County Attorney Crook stated the action of .the Board on the Beautification Committee would require an amendment to the Committee's bylaws. He stated he would request that the Board authorize him to make the necessary change from one (1) member to two (2) members.. Supervisor Bradshaw moved to authorize the County Attorney to make the necessary changes. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark: and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney. Crook. presented a contract for roof repair/ asbestos removal which he recommends to the Board. Supervisor Claud moved the Board approve and authorize the Chairman to sign 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 in .working. with The Children's Center on its lease with the County, The Children Center. has assumed that the rent 13 B04K 20 ~;;;.'~~ S will be $1 annually for thirty (34) years. He asked if the Board wishes $1 to be the rent amount or does. it wish to consider a negotiated amount. Supervisor Bradshaw moved that the Board direct the County Attorney and staff to make a recommendation on compensation in lease agreements for the property at The Children's Center and review the leases of all other properties to recoup the fair market value. 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 he had several matters for closed session later in the meeting. Chairman Bradby called for Old Business. Facility Master Plan and Space Study -Financial Comparison - Option 1 & 1 A: Anne F. Seward, Director of Budget and Finance, stated. the .Board directed staff at its October 4, 200.1 meeting to come back with different financial options for the recommendations from Mosely, Harris and McClintock for the space study and needs analysis. She presented information disclosing the financing cost for Option 1 and Option lA. Supervisor MacManus moved that the Board endorse Option lA going forward in the future. 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 recommended that the Board advise the School Board that the Board will provide the same level of funding to them as last year and that they should not anticipate a 3% or 4% increase. He stated the Board, is now focusing on County services. Supervisor MacManus noted that the projections indicate that the student population is decreasing, therefore, the School Board would receive less funding from a FederaUState perspective and he would recommend that the Board advise the School Board that at the best the School Board would receive flat funding. Supervisor. Bradshaw moved the Board direct the County Administrator and the Director of Budget and Finance to work with County staff, Constitutional Officers, Social Services and the School Board to determine if there are ways that. the County can reduce its expenditures. .Recommendations are to be made back to the Board at a future meeting. The 14 1 i eooa ~ 2~) .;::-519 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 New Business... Supervisor MacManus moved the Board direct staff and the County Attorney to develop a new .policy that would designate that after ~an appointee has absences from three (3) consecutively scheduled meetings that the Board be notified and consider terminating: their appointment. Thee motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and. no Supervisors voting against the motion. Regarding a letter received from the Sheriff acknowledging the various individuals that. assisted during a recent manhunt, Supervisor MacManus moved the .Board direct staff put together an appropriate resolution as requested for .the Board's 'December 20, 2001. meeting. The .motion- was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claude voting in favor of the motion (5-0) and no Supervisors .voting .against the motion. Regarding services offered to local governments for regulating and controlling .wireless telecommunications facilities, Supervisor Glark.moved the Board direct the County Administrator, the Director of Public Utilities and the Director of Planning and Zoning to contact representatives of Resource International, Ltd... and come back with recommendations of any assistance that companymay provide to~the County and whether it may be advisable to eater into a contractual relationship with them on all aspects of cellular towernegotiations, fees, and in general, the process.. If fees should be increased in-house, for what staff does and are capable of doing, this be done in-house: 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 proposed funding for the School Board, Supervisor Bradshaw moved the Board direct the County Administrator to inform the .Acting School Superintendent that the Board has started preliminary disc f d' d h"' 1 1 h h B d 'll fl ussions on un mg an t e mrtia ana ysis appears t at t e oar wi be able to provide up to the same level of local funding for next fiscal year that the School Board received for this fiscal year. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board direct the County Administrator and Director of Budget and Finance to contact the 15 Commissioner of Revenue to inquire about taxes on radio tower equipment/boxes located at the base of the towers. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for Appointments. Supervisor MacManus moved the Board appoint Lars Gordon to the Planning Commission, representing the Smithfield District and replacing Ronald York. The motion was adopted unanimously (5-0). // County Attorney Crook requested a closed session under Section 2.2- 3711 A3 of the Freedom of Information Act for advice of counsel and staff concerning three (3) matters involving negotiations for acquisition of property for public purposes where public. disclosure would adversely affect the Board's bargaining position and under Section 2.2-3711 A7 for a matter of advice of counsel regarding contract negotiations where public, disclosure could adversely affect the County's position. County Administrator Caskey requested a closed session .under Section 2.2-3711. Al of the Freedom of Information Act concerning two (2) personnel matters and under Section 2.2-3711 A3 concerning a matter involving potential acquisition of property by the County for public use requiring advice of counsel. Supervisor Bradshaw requested a closed session under Section 2.2- 3711 A7 of the Freedom. of Information Act concerning a legal matter requiring advice of counsel and under Section 2.2-3711 A7 concerning contract negotiations and/or probable litigation matter. Supervisor MacManus requested a closed session under Section 2.2- 3711 A3 of the Freedom of Information Act .concerning real estate acquisition previously not disclosed. Mr. Small requested a closed session under Section 2.2-3711 AS of the Freedom of Information Act concerning negotiation with prospective business. Supervisor Clark 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. 16 BOQh 2~ -.:-~?1 1 1 Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING VVfIEREAS, .the Board of Supervisors has convened a closed meeting on this date pursuant to an afFirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.2-3712D 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, O 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 Claud moved the Board authorize the Director of Budget and Finance to extend the contract of Moseley, Harris & McClintock. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud :voting in favor of the motion- (5-0) and no .Supervisors voting against the motion. Supervisor Clark moved the Board approve the option agreement, authorize the Chairman to sign it and authorize the Director of Budget and .Finance to provide the funds in accordance with the. terms of the option agreement. 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 17 B~Q~ 20 ri.c,~~~ ~/ At 7:40 p.m., Supervisor .Bradshaw moved the Board continue its regular meeting to 4:00 p.m. on November 15, 2001 for the purpose of meeting with the County's General Assembly delegation. Henry H. Bradby, Chairman ..