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01-17-2002 Regular Meeting1 ao~~ 2U ~;.: f6~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND TWO 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 6:00 p.m. The invocation was delivered by Supervisor MacManus. The Pledge of Allegiance was conducted. // Chairman Bradby turned the meeting over to County Administrator Casket' to conduct the election of officers. County Administrator Casket' opened the floor for nominations for Chairman and Vice-Chairman for the year 2002. Chairman Bradby nominated Robert C. Claud, Sr. as Chairman of the Board for the year 2002. Supervisor Bradshaw moved .the Board -elect Robert C. Claud, Sr. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion (4-0) and Supervisor Claud abstaining from voting. on the matter. Chairman Claud opened the floor for nominations. for Vice-Chairman for the year 2002. Supervisor Bradshaw nominated Supervisor MacManus as Vice- . Chairman of the Boazd for the yeaz 2002. Supervisor Bradby moved the election of Supervisor MacManus asVice-Chairman, The motion was adopted with Supervisors Bradby, Bradshaw, Claud and Clazk voting in favor of the motion (4-0) and Supervisor MacManus abstaining from voting. on the matter. Chairman Claud opened the floor for appointment of Clerk to the Board for the year 2002. 1 eo~~~ 20 N.~610 Supervisor Bradshaw moved the Board appoint W. Douglas Caskey as Clerk to the Board for the year 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. Chairman Claud. opened the floor for appointment of the Recording Secretary for the year 2002.. Supervisor Bradshaw moved the Board appoint Carey H. Mills as its .Recording Secretary for the year 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. Regarding the tie breaker position, County Attorney Crook stated the statute provides that the Board may have a tie breaker by either referendum or by motion of the Board. He stated pursuant to the Board's request, he has prepared a resolution for the .Board to adopt not to have a tie breaker. Supervisor MacManus moved the Board adopt the following . resolution abolishing the office of tie breaker: RESOLUTION TO ABOLISH THE .BREAKER WHEREAS, Section 15.2-142.1 (formerly 15.1-535) of the Code of Virginia, .1950, as amended, gives the governing body. of each County the discretion to designate a tie breaker by election of the voters or by appointment by the. governing body; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, appointed a tie breaker at their organizational. meeting of January 7, 1999; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia deems it in the best interests of the citizens of Isle of Wight County that decisions of said governing body should not be decided by a tie breaker appointed by the governing body who is not an elected representative of the citizenry. WHEREFORE, BE IT AND TT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the office of tie .breaker, heretofore appointed by the Board of Supervisors, be and the same is hereby abolished and the term of the tie breaker heretofore appointed by this body in its discretion, is hereby terminated. 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. 2 1 1 ~. ,. 1 *. 1 1 so~~ 2J ~~f 11 Chairman Claud moved the Board direct staff to prepare a resolution thanking Buddy White for his years of service as the Board's tie breaker and inviting him to attend a meeting to accept the resolution. 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 Claud requested the Board set its meeting schedule for the year 2002. Supervisor Clark moved the Board set the first Thursday of each month at 2:00 p.m. and the third Thursday. of each month at 6:00 p.m. with public hearings to commence at 7:00 p.m. on -the third Thursday. 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 Claud called for consideration of appointments to the Committees of the Board. Chairman Claud moved that. the Board members remain on their existing committees with the .exception of Supervisor Clarke who will- now represent the Board on the .Fire. and Rescue Association for the remainder of the calendar 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. U Chairman Claud called for Special Presentations. Chairman Claud acknowledged the coaches and members of the Smithfield. Packers Junior. Pee Wee Football Team and presented a Resolution to Recognize the Accomplishments of the Smithfield Packers Junior Pee Wee Football Team. Supervisor MacManus moved .the Board adopt .the following resolution: RESOLUTTON TO RECOGAIIZE Tf~ I ACCOMPLISIIMENTS OF THE SMITHFIELD PACKERS JUNI R PEE WEE FOOTBALL TEAM ..WHEREAS, .the Smithfield .Packers Junior Pee-Wee Football Team participated in the Pop Warner Little Scholars Super Bowl which was held in December, 2001 in Orlando, .Florida; and,. 3 WHEREAS, the Smithfield Packers Pee Wee 1 Football Team finished . the season as the 3n° ranked team in the nation; and, WHEREAS, the team did win the Mid-South Regional Championship and earned the opportunity to play in the Super Bowl; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight wishes to recognize the accomplishments of the team. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of .Supervisors of the County, of Isle of Wight County, Virginia that the. members of the Smithfield Packers .Junior Pee Wee Football Team, as well as their coaches and parents, are recognized and congratulated for their outstanding accomplishments. in the Pop Warner Little Scholars Football League. 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. Chris Toney of Goodman and Company presented the Financial Audit Report of the County for the year ended June 30, 2001. He stated there were two reportable conditions .noted in internal control dealing with a failure to include a general fixed asset account group and that the Treasurer does not reconcile bank accounts timely or properly. He stated he has been engaged by he Treasurer's office in conjunction with the Department of Budget and Finance to assist in the educational process of the Treasurer's .staff with regards to proper reconciliation of bank accounts.. He stated as of June 30, 2001, the General Fund contained a fund balance of $12,18S,S09; the Special Welfare Fund contained $40S,S 19; Capital projects in the amount of $2,659,840 and the School Board in the amount of $916,768. He stated separate bank accounts are unnecessary for the Sheriff's Forfeitures and it is recommended that it be combined with the remainder of the accounts to make the reconciliation. easier. Supervisor Bradshaw stated the County Administrator forwarded a letter to the Board from the Treasurer stating that many of the comments made from the .accounting firm of Goodman and Company were not discussed with him and he takes exception to many of the comments. Mr. Tony stated he still feels that the comments and recommendations made are appropriate and he stands by them.. . Supervisor Clark moved the Board accept the audit report. 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. 4 n u 1 ,. 1 Born 2~ .~~:E13 Randall Lee of Charter Communications briefed the Board on the digital cable rebuild in .the County and other matters related to Charter's cable operations. He advised that he would be returning to the West Coast. Supervisor Clark stated that he toured the Charterfacility in Suffolk where Charter is making a substantial investment in renovations. Becka Hill of Charter Communications offered to coordinate .with the County Administrator the scheduling of community meetings by Charter in the various districts. Supervisor MacManus requested that the Smithfield District community meeting be coordinated with the Smithfield Town Council. 1 // . Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to consider a Resolution to Appropriate One Hundred Thousand Dollars From the Unappropriated Fund Balance of the General Fund for Loan Purposes to the Western Tidewater Water Authority under the Old Business section of the agenda. .The motion was adopted unanimously (5-0). Supervisor Bradshaw noted that he had received the information he requested during the previous discussion on the matter and he is now in favor of proceeding with adoption of the resolution. Supervisor Clark stated he has also had time to review the necessary information on the matter and he is in favor of proceeding with adoption of the resolution. Supervisor Bradby voted in favor of the. motion made by the Board at its December 20, 2001 meeting to adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR LOAN PURPOSES TO THE WESTERN TIDEWATER WATER AUTHORITY WHEREAS,: the Board of Supervisors of the County of Isle of Wight, - Virginia agrees and authorizes an interest free loan of one hundred thousand dollars ($100,000) to the. Western Tidewater Water A~zthority to assist in funding interim operation costs with flexible .repayment terms to be made - when available funding is sufficient per the discretion of the Western. Tidewater Water Authority; and, 5 ao~~ 20 .~ !~14 WHEREAS, the .funds in the amount of one hundred thousand dollars ($100,000) need to be appropriated for a loan to the Western Tidewater Water Authority from the Unappropriated Fund Balance of the General Fund to the FY 2001-02 Operating 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 one hundred thousand dollars ($100,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2001-02 Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. // Supervisor Clark moved the- Board return to the regular order- of the agenda. The motion was adopted unanimously (5-0). I/ Chairman Claud indicated the following Consent Agenda included Items.3, A through M, and asked if there were any items for removal: A. Resolution to Accept and Appropriate Funding from the Camp Mounts and Ruth Camp Campbell Foundations B. Resolution to Accept and Appropriate Funding from the Virginia Department of Motor Vehicles C. Opportunities for Cost Reductions D. .County Web Site Update E. Budget and Finance Web Page F. Actions of the Isle of Wight County Planning Commission Meeting of January 8, 2002 G. .History of Secondary Roads Priorities for 1990 to 2000 H. Status Report on Current Road and Highway Projects . The motion was adopted with Supervisors MacManus, Bradby and Claud voting in favor of the motion (3-2) and Supervisors Bradshaw and Clark voting against the motion.. ,. •~ 1 1 6 BO~h 2U ~h:'U1 J I. J. K. Joint Legislative Audit and Review- Commission Report on the Equity and .Efficiency of Highway Construction and Transit Funding Delinquent Real. Estate Tax Collection Monthly Report December 6, 2001 Continued Meeting Minutes L. December 6, 2001 Regular Meeting Minutes . M. December 20, 2001 Continued. Meeting Minutes Supervisor Clark moved that the Board approve and 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 Claud called .for Transportation Matters. James A. Randolph,. Planner, stated the Hampton Roads Planning District Commission (HRPDC) is requesting localities initiate .efforts to develop work program proposals for the FY03 Unified Work. Program. He .stated staff is .proposing to submit aproposal- that seeks the HRPDC's assistance in developing a master transportation plan for. the County. Chairman Claud moved.. the Board :endorse the .proposal for FY03 Unified Work Program seeking assistance from the HRPDC in developing` a Master Transportation Plan. 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. Randolph stated the storm water management basins .for .Pruden Road were scheduled to go to bid in November. of 2000, but has .been delayed pending resolution on the final location of the basins associated with this project. Supervisor Bradshaw moved .that the Board consider this item after. closed session in order for him to seek advice. of legal counsel.. 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. Randolph stated the issue of the relocation of Verizon facilities on " the Duke's Lane project under the Rural Addition Program was presented to the. Board at its meeting of November 1 S, 2001 and. deferred to the Board's 7~ t BO^~ ~O ~~:"3J~U January 2002 meeting. to allow staff to meet with Verizon and VDOT in resolving the issue. Supervisor Bradshaw stated he met with off cials of Verizon who were unable to produce easements on that property. County Attorney. Crook. advised that he would provide the Board with a report during .closed .session on the relocation of Verizon facilities on the Duke's Lane project under the Rural Addition Program, a matter involving acquisition of property and other legal matters requiring advice of counsel. Sheriff Phelps, representing the Morgarts Beach area residents, requested that Days Point Road be moved higher on the list for maintenance during inclement weather. He noted a number of EMS persons, including two. (2) doctors and Monette Ynformation Systems .facility serving Smithfield Foods, live along that roadway and need immediate access during inclement weather conditions. Supervisor Clark moved that staff convey Sheriff Phelps' concerns to VDOT. 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. Dean Jones and J. M. Erwin of Duck Town Road presented a petition in support of their request that Duck Town. Road not be taken off its current place. on the Candidate List for Unpaved Roads. Supervisor Bradshaw stated Duck Town Road was not moved from its ..current place on the -Six-Year. Plan which was approved as presented to the Board. Richard Cassell of King's. Cove Way advised that the bushes located in the VDOT right-of--way have been cut back. He requested assistance with improving the length of the turn lane on Route 17 to better accommodate .school buses and other motor vehicles. Supervisor MacManus moved that the Board direct staff to correspond with Mac NeblettNDOT Resident Engineer to inquire what is required by VDOT to lengthen the turn lane on Route 17. 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 7:00 p.m., Supervisor Clark moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted: unanimously (5-0). 1 1 1 8 ~oo~ ~~ ~~:~~7 // Chairman Claud called for a public. hearing on the following: 1 J 1 A. The application of Michael F. Carpenter for a change in zoning classification from RAC to Conditional. Suburban Estate and for a Conditional Use Permit for private stables on approximately 13.5 acres. of land located on the south side of Sugar Hill Road (Route 661) east of Carrollton Baulevard (Route l 7) in Newport Magisterial District. The purpose of the application is .for four. (4) single family residential lots as conditioned. Chairman Claud .called for persons to speak in favor of or in opposition to the proposed application. Michael F. Carpenter, owner of the property, stated he is proposing to add three {3) additional home sites, for a total of four (4) homes) on the , existing thirteen (13) acres parcel. He stated he is offering a cash proffer of _ $5,000 per newly developed lot. He stated parcels two (2) and three (3) will share a driveway and parcels two (2), three (3) and four (4) are to be served by public sewer. He stated parcel one (1) is currently served by a septic system and that. will be required to be tied into the sewer system: should it " fail in the future. Chairman Claud closed the public hearing and called .for comments from the Board. Supervisor Clark moved. the Board approve the application of Michael F. Carpenter. 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 Claud called for a public hearing on the following: B. Transportation ,Enhancement (TEA-21) Grant Funds/Josiah Parker Family Cemetery. Project Chairman .Claud called for persons to speak in favor of or in opposition to the grant funds. Pat Clark of Twin Hill Lane. stated that the Historical Society, as. well as the committee appointed by the -Board to look into the Josiah .Parker Cemetery :are in favor of the, grant funds. He stated Senator George Allen. supports the nomination for the grant as Colonel Parker played a part in the pursuit of freedom, which must be protected. Grace Keen of Benns Church Boulevard stated he Isle of Wight Citizens Association has endorsed this project... 9 eooK 2~1.M:.~1.8 Chairman Claud closed the public hearing and called for comments I from the Board. County Attorney Crook stated he has reviewed the resolution which states that the County agrees to pay a minimum of 20% of the total cost, but does not limit the County to $10,000,. which he recommends be revised to limit the County participation to 20% up to a maximum of $10,000. Supervisor MacManus moved the Board adopt .the following resolution amended to reflect the limit of 20% to up to $10,000 by the County: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE COLONEL JOSIAH PARKER FAMILY CEMETERY AND MEMORIAL PARK PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order . that he Virginia Department of Transportation program may approve a transportation enhancement project in the County of Isle of Wight, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, requests. the Commonwealth Transportation Board to approve and establish project funds for the Colonel Josiah. Parker Family Cemetery and Memorial Park Project, BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight hereby agrees to pay a minimum twenty (20) percent or an amount not to exceed $10,000 of the total cost for the planning and design, right-of--way, and construction of this project, and that, if Isle of Wight .County subsequently elects to cancel this project the County hereby. agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the. Department through the date the Department is notified of such cancellation. 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 Claud called for a public hearing on the following: C. An Ordinance to Amend Chapter 16.1, Water, Article. II, Meters, Division 2. Rates, Table 16.1.9, to Increase Metered Rates for More than 12,000 Gallons Usage 10 L' ,. 1 u 1 eo~~ 20 ~~._:~i~~ Chairman Claud called for persons to speak in favor of or in opposition to the proposed ordinance. Upon no one speaking. in favor of or in opposition, Chairman Claud closed the public. hearing and. called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 16.1, WATER, ARTICLE II, METERS, DIVISION 2. RATES, TABLE 16.1.9, TO INCREASE METER RATES FOR MORE THAN .12,000 GALLONS USAGE WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,. adopted an Ordinance providing for. rates and regulations on water usage, Chapter ..16.1 of the Isle of Wight County Code on November 21, 1996; and WHEREAS, the Ordinance adopted by the Board of Supervisors provided for charges for meter water usage for meters up to and including three-quarter inch at $40.00 plus $2.00 per 1,000 gallons greater than 6,000 gallons`usage; and WHEREAS, the Board of Supervisors. has found that an increased charge is necessary for usage that exceeds 12,000 gallons. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by< the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1, Water, Article IV, Connections, Section 16.1.9 be amended to read as follows: Table 16,1.9 Bi-Monthly Water Usage Charges Meters up to and including 3I4 .inch Metered $40.00 + $2.00 per TG>6TG<12TG+ $3.00 per TG>12TG Unmetered $32.00 Meters 1 inch and Larger l inch meter $56.00 + $2.00 per TG>6TG<12TG $3.00 per TG>12TG 1-1 /2 inch meter $63.00 + $2.00 per TG>6TG<12TG . $3.00. per TG>12TG 2 inch meter. $86.00 + $2.00 per TG>6TG~12TG ll eoaA 2~ h..f 20 ..$3.04 .per TG>12TG Larger han 2 inch to be determined by the County. Where a bulk rate -meter its serving more than one EDU, the rate shall. be as noted. above depending on the meter size plus $10.00 per month. per EDU plus $2.00 per .1,000 gallons for all over 3,000 gallons but less than 6,000 gallons and $3.00 per thousand gallons for .all over 6, 000 gallons per month times .the number. of EDUs served Notes: 1) TG: Thousand .gallons, or portion thereof 2) >: In excess of 3) Unmetered customers, when they become metered, will pay metered .charges in effect of the time for their location or meter size 4) <: Less than 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 return to the regular order of the agenda. The motion was adopted,unanimously (5-0). Chairman Claud called for Citizens.Comments. Pat .Clark. addressed the Board on the importance of adhering to the requirements .contained in the Comprehensive Plan regarding the .minimum access in the Highway .Corridor ..Overlay District. He requested .that. the .Board.. oppose any future .projects that are not in keeping with the Comprehensive Plan. Richard- Cassell, Jr. of Vellines Lane stated his concern with the potential for flooding of his property from drainage flowing from the Eagle Harbor development. He also advised that he is not in favor of the Board granting the developer additional access onto Route 17, as discussed at the Board's December 20, 2001_ meeting. Harry Cassell, Sr. of Carrollton stated his opposition to the developer's ...:request for an additional access onto Route 17. He also stated that he is in opposition to the developer's :request fora 35 foot setback along Smith's Neck Road, as discussed at the Board's December 20, 2001. meeting. 12 1 i 1 1 aura 2~ -~.: ~~1 ii Chairman Claud called for the Community Development report. Jonathan W. Hartley, Director of Planning and Zoning, addressed the issue of participation of the. County in the Regional Stormwater Management Program to comply with Phase II requirements of DEQ. He stated there is a commitment in the next fiscal year of approximately $15,000 John Oarlock of the Hampton Roads Planning District. Commission, stated a commitment made by the various communities is Ghat over. the next year they will review how this program can be best implemented in the long term. He stated he does not anticipate. this to be a continuing program after this coming fiscal. year. Supervisor Clark inquired if the Board approves its participation, is it agreeing to spend $15,000 at this time. Chairman Claud replied "yes" as the funds. need to be provided for the HRPDC work program in March, 2002. Su ervisor MacManus noted that it is a $15,000- maximum which is P ~i potentially lowered if the two (2) towns participate. Supervisor Bradshaw moved that the Board does agree to the intent to participate in the Option 3 of the Regional Stormwater .Management Program which relies on HRPDC support in obtaining compliance under the Phase II of the Stormwater Management Program and directs staff to discuss it with the Town representatives of Smithfield .and Windsor to bring them in from a cooperation standpoint, as well as potential funding.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting.. in favor of the motion (4-1) and Supervisor Clark voting against the motions . Mr. Hartley stated during the previous budget cycle, funds were allocated for technical assistance to Planning and Zoning during the update of the Zoning Ordinance. He stated he is now. requesting authorization to negotiate a contract. with Resource International, Ltd., a consulting firm, to provide professional services during the Zoning Ordinance update. Supervisor Clark moved. the Board authorize staff to negotiate .for consulting services. with: Resource International, Ltd. for..professional services during the Zoning Ordinance update. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,, Clark and. Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // 13 Chairman Claud called for the Parks and Recreation report: Alan S. Nogiec, Director of Parks and Recreation, presented a Resolution to Submit An Application to the Virginia Department of Historic Resources and to Accept and Appropriate Grant Program Funds for the Board's .consideration. He stated a .requirement of the grant program was that the grant had to be submitted to the Department of Historic Preservation prior to the General Assembly going. into session. He stated the grant has already been submitted and the resolution needs to be approved by the Board. Supervisor Bradshaw moved the Board adopt the following resolution .and that staff send correspondence to Senator Quayle and Delegate Barlow for their support:. RESOLUTION TO SUBMIT AN APPLICATION TO THE VIRGINIA DEPARTMENT OF HISTORIC .RESOURCES AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS 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 Historic Resources for the preservation of Fort . Boykin Historic Park; and,. WHEREAS, the funds in the amount of two hundred twenty five thousand dollars .($225,000) or so much as shall be received from the Virginia Department of Historic Resources needs to be appropriated to the appropriate line item in the FY 2002-03 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors ~f the County of Isle of Wight, Virginia that two hundred twenty five thousand dollars ($225,000) or so much as shall be received from. the Virginia Department of Historic Resources be appropriated to the appropriate line item in the FY 2002-03 Operating Budget of the County of Isle: of Wight, Virginia. 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. // i~ 14 .. eo~K 2~ .r..~ ~i~3 Chairman Claud called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented the issue of radio system .replacement. He stated pursuant to Board action, staff .has sought input from other users of the radio system and their responses are included- in the .Board's agenda.. He reported pursuant to Board action, staff has .solicited responses from. other organizations. He stated Amateur Radio sent him an a-mail noting they are looking at the. situation and will respond as soon as they are able. He stated he also received an offer from Motorola to perform a needs analysis at no charge to the County and report their findings to the County within sixty (60) days. He stated the County's consultant that advised he County on central dispatching matters recommended a two (2) additional site radio system, one (1) site located in the northern section of the County near Smithfield and the other site possibly being located near Walters. He stated Commercial Radio has advised that they have no further suggestions. other than moving to an improved system. Supervisor Bradshaw stated his previous motion to direct staff to pursue additional information from other localities that had systems not designed by Motorola has not been addressed and he can not vote on the matter. He stated the problem is not with the equipment,. rather reception in the field.' He .stated the issue is that individuals in the field can not communicate back to the dispatchers in specific spots. He stated Motorola is a vendor and they want to sell equipment and he needs to know if the County's problems will be addressed. He stated he had a call from an individual .offering to provide the County with acost-free analysis of the system who stated that neither Mr. Childress nor Brian Lee. with the Sheriffls Department would speak with him. He stated this individual. has a completely different design and concept of a radio system from Motorola, but says staffwould not speak with him. Mr. Childress stated that to his knowledge only one (1) vendor ..has offered to work on this project cost-free. He stated he has not. tried to solicit any other agencies because Motorola came to him. He explained that Surry County is installing a $1.2 million improvement to their radio system which is a two (2) tower site system and Southampton County has been unable to move forward thus far. He stated Middlesex County is a three (3) tower system similar to what the County has been advised it would need and Chesterfield County has recently implemented a system through Motorola where they. have a three (3) tower system they will be utilizing. He offered to contact the vendor Supervisor Bradshaw mentioned earlier to obtain a free estimate from this vendor as well. Supervisor Clark -moved the Board authorize staff to work with Motorola and any other. vendors that will provide acost-free analysis of the current radio system and proposal of what would best serve the County in the future. The motion was adopted- with Supervisors MacManus, Bradby, 15 eo"a 20 -;.._:624 $radshaw, Clark and Claud voting in favor of the .motion (S-0) and no Supervisors voting against the motion. Mr. Childress stated only two (2) vendors responded to the Rl4'P-for 911 call. reception equipment -sent out by staff, -both of which were interviewed and Verizun being selected as the vendor the County would like to move forward .with-regarding negotiations. Chairman Claud moved the Board authorize staff to enter into . negotiations with Verizon for services and equipment related to 911 call reception equipment for the Isle of Wight Sheriff's Office dispatch center with financial options presented to the Board at a later date. 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 updated the Board on the clean-up of spilled fuel oil behind the Administration building. He .stated the Department of Environmental. Quality had submitted an additional letter requesting :additional. work to be performed as the levels of contamination had been steadily increasing over the year of clean up. He stated W. L. Black & Associates, the County's contractor, has requested an extension, which was granted,- so they could get a better idea of what DEQ wants them to perform. He stated as a result. of the discussions between the contractor and DEQ, W. L. Black & Associates is requesting a change order in the amount of $40, 500. He stated. the County still qualifies under the UST grant for reimbursement minus the $500 deductible for each phase. Supervisor Clark moved the Board approve -the :change order, authorize the Chairman to sign the change. order and allocate the $40,500 needed to continue clean-up operations. 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 that the funds be taken' from the Capital .Contingency Account. 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 Claud requested the Director of Emergency Management investigate and report back to the Board on the. Windsor Volunteer Rescue .Squad's increase in mutual aid calls during the second quarter. /I Chairman Claud called for the County Administrator's report. 16 1 11 ~ 1 ,. r Boar. 26 .;:_::625 County Administrator Caskey presented a Resolution to Accept and Appropriate Grant Funds From Opportunity,. Inca for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM OPPORTUNITIES,. INC. WHEREAS, the County of Isle of Wight has been awarded grant funding from Opportunities,. Inc. fora the County's OfI•ic~ on Youth to implement an After-School Program for at-risk youth in .each' of the County's public high schools; and, WHEREAS, grant funds in the amount of forty eight thousand eight hundred fifty seven ($48,857) need to be accepted and appropriated to the appropriate .line item in the 2001-02 Operating budget.- for Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the .County of Isle of Wight, Virginia that forty eight thousand eight hundred fifty seven dollars ($48,857), or as much as shall be received, be accepted and appropriated to the appropriate line item in the FY 2001-2002 Operating Budget of Isle of Wight County. 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.. resolution 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 County Administrator Caskey stated at the recommendation of the County's workers compensation provider, the Resolution to Amend the Workers Compensation Provisions of the Compensation Plan of the County Personnel Policies and Procedures Manual has been recommended for the Board's approval: Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO AMEND THE WORKERS :COMPENSATION PROVISIONS OF THE COMPENSATION PLAN OF THE COUNTY PERSONNEL POLICIES AND PROCEDURES MANUAL . 17 D~~M 2U rh.;`6~6 WHEREAS, the Isle of Wight County Personnel Policies and ...Procedures.. Manual addresses the County's policies and procedures regarding workers compensation; and WHEREAS, Section 6.6 of said Personnel .Polices and Procedures Manual is to be amended to reflect the deletion of the employee supplement to their .worker's compensation payments up to one hundred percent of salary by using their sick/vacation leave; WHEREAS, the. revision of Section 6.6 of said Personnel Policy and Procedures Manual also corrects the procedures for reporting incidents and addressed the County benefit provisions while an employee is receiving worker's compensation payments. NOW, .THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that ARTICLE VI, Benefits, Section 6.6 be amended to read as follows: Section 6.6 WORKER'S COMPENSATION In compliance with the Virginia Worker's Compensation Act, the County is committed to ensuring that all employees incurring a work ..related injury or disease would receive worker's compensation benefits. At no cost to employees, the County provides Worker's Compensation insurance that covers any injury or illness which results from an injury incurred during the course of employment. The County provides all of the benefit provisions identified by the Virginia Worker's compensation Act. If an injured employee requires medical. attention, he/she shall be referred to the County's list of authorized physicians from. which the employee may :receive treatment. If an employee elects to use a physician' who is not on the authorized list, the treatment will be- incurred at the employee's expense. To ensure receipt of the maximum benefits pertaining to payment of medical expenses and worker's compensation payments, an employee must accept medical treatment and keep appointments with the authorized physician. All regular full-time and part-time employees are eligible for worker's compensation to the extent required by the Virginia Workers Compensation Act of the Code of Virginia in the event an employee sustains an occupational injury or disease as a result of, or in the 1 D J l8 1 1 eo~h 2~) .:.; ~''7 .course of, work performed for Isle of Wight. County.. An employee who sustains an .occupational injury or disease shall be paid at the rate specified by the Worker's Compensation Act. Employees shall. report all injuries immediately to their supervisor. Supervisors or their appointed designee shall complete the First Report of Accident Report to be .submitted to the Department of Budget & Finance within 24 hours. The Supervisor or their designee shall provide the injured employee with the State required forms: issued by the County's Insurance Carrier in .accordance with the regulations specified by the Virginia Workers Compensation Act, Compensation for an approved compensable. injury shall. begin when the injured employee is out of work for more than seven (7) calendar days, commonly referred to as the: " waiting period", as provided by the Virginia Workers Compensation Act. An injured employee .can elect to use either accumulated sick and/or annual leave for County business days occurring during the waiting period. After the required "waiting period", the injured employee shall not receive compensation from the County; .however, the employee shall receive compensation directly from the County's Worker Compensation insurance carrier. in accordance with the Worker's Compensation Act.. Only. in cases .where the injured employee's. compensable injury extends their absence beyond twenty-one (21) calendar days,, the County's workers compensation insurance carrier shall forward compensation to the injured employee as :compensation for missed work during the aforementioned "waiting period". The employee has. the option to retain said compensation for the "waiting period" and forfeit the sick and/or annual leave.used or forward the compensation check to the County for reinstatement of leave taken during the waiting period. Employees receiving worker's compensation benefits shall. not. accrue sick or vacation leave during their absence if workers compensation benefits are provided to an .employee for more than half of the month. The County will continue to provide. Group- Life Insurance Benefits as well as the County's portion of the health insurance premium during the time of approved workers compensation leave from .work. The employee shall be responsible for the employee portion of the health insurance premium and any other employee .paid benefit. If an employee is unable to pay for any employee. portion of an elected. benefit, the benefit shall. be terminated and reinstated upon the .injured employee's return to work or eligibility period of the program, which ever is applicable to the benefit. Should. an injured employee not return to full time. or modified duty within a six. month period from .the date of injury, the County reserves the right to review and determine the employee's eligibility for County. paid benefits. 19 eoo~ 2t~ .~~:~ 6~8 If the injured employee was injured while under the influence of alcohol or another controlled substance, coverage by worker's compensation insurance may be denied. Temporary modified duty shall be provided when possible. to all injured employees. The resolution 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 contract for the purchase of appraisal software for use by the Commissioner of Revenue's office for the Board's consideration. He stated there is currently funding allocated in the County's FY2001-2002 Operating Budget for this acquisition. Chairman Claud moved the Board authorize the Chairman to sign. the. contract agreement for the purchase of the MASI software for use in the Commissioner of Revenue's office. 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 the Board's Retreat is currently scheduled to begin on Friday evening, February 1, 2002 at The Smithfield .Center and continue on Saturday, February 2, 2002. He stated included in the Board's agenda is a draft agenda for the Board's consideration. He stated the Strategic Plan will be a major component of the Board Retreat and it is recommended that .discussion. of the Plan begin on Friday evening and the Board discuss specific components with the various Department Heads on Saturday.. Supervisor Bradshaw requested that on Friday evening the Board discuss the Strategic Plan with .the Director of Planning and Zoning being available to review the Planning and Zoning portion. On Saturday, staff is to address the Strategic Plan on what. they would be needing from the Board to achieve their respective goals. He requested that the Retreat begin at 6:00 p.m. on Friday rather than 5:30 p.m. Chairman Claud. requested the Board discuss the structure of the Board's first and second meetings of the month at the Board Retreat. County Administrator Caskey requested the Board advise staff of available dates for. the County's Town Meeting. Supervisor Clark moved the Board direct staff to investigate dates and ,times for the Board to hold the next Town Meeting at the .Carrollton Elementary School. The motion was adopted with Supervisors MacManus, 1 1 20 Bradby, Bradshaw, .Clark. and Claud voting in favor of the motion.(5-0) and no Supervisors voting against the motion. Chamber of Commerce Business After Hours: County. Administrator Caskey reminded. the Board. of the Chamber of i on Commerce Business .After Hours at International Paper's Lumber Divis Headquarters scheduled for January 24, 2002 at 7:30 p.m. Chairman Claud and Supervisor Bradshaw requested the County Administrator provide the Board with a copy of the invitation. // Chairman Claud called for the County Attorney's report. County Attorney Crook presented a draft policy Resolution fore'. Absenteeism on Committees for the Board's consideration. Supervisor Bradshaw moved the resolution be included in the Board's agenda package for its February 7, .2002 meeting. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook distributed copies of an amendment to the existing Law Enforcement. Agreement between the. Town of Smithfield, the. Town of Windsor and Isle. of Wight County for the Board's consideration:.. He stated this is necessitated by .the Town of Windsor's employment of a Chief of Police. Chairman. Claud moved the Board. approve the amendment. to the existing Law Enforcement Agreement between the Town of Smithfield, the Town of Windsor. and Isle of Wight County. The .motion was, adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the. motion (5-0) .and no Supervisors voting against the motion. . County .Attorney Crook.. presented a Deed of Trust securing the proffers of Marilyn Edwards conditional zoning which he recommends the Board approve the Note and Deed of Trust and authorize the Chairman to sign on behalf of the County. Supervisor MacManus moved the Board approve the Note and Deed. of Trust of Marilyn. Edwards and authorize the Chairman to sign on behalf of the County. 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. 21 BOQK 2U -N: 63U Chairman Claud requested that the County Attorney provide the Board with an update on the Beautif cation Committee Bylaws as it relates to expanding. the Committee to two (2) members. per district. He further requested the County Attorney update the .bylaws so that additional members could be appointed. Chairman. Claud'requested the County Attorney brief the Board on the status of the. Windsor Water Agreement. County." Attorney Crook advised he .would have a report on the Windsor water agreement for the Board in closed .session -later in the meeting. involving legal matters that require- advice of counsel. County Attorney Crook stated he had several other matters for closed session later in the meeting. // Chairman Claud called for Old Business. A. The application of Eagle Harbor LLC for;, 1) an amendment to the approved Access .Management Plan for. the Eagle Harbor Development to allow an additional entrance off Carrollton Boulevard (Route l?); AND 2) an exception to the Isle of Wight County Zoning Ordinance Highway Corridor District, specifically Section 4207, to allow a minimum setback of thirty (30) and thirty-five (35) feet setback rather than fift}r (50) feet as required along Smith's Neck Road (Route 669) in the. Newport Magisterial District. Mr. Hartley stated included in the Board's agenda package is a letter from Breedon Company dated .January 9, 2002 requesting that this application be withdrawn from the Board's agenda. Supervisor Clark moved the Board accept the request for withdrawal by the applicant.. 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. B. Founders Point Master Plan and Development and Design Standards Mr. Hartley distributed to the Board additional information received from Dean Vincent. Supervisor Bradshaw moved the Board table the matter until the .Board's February•7, 2002 meeting until he has the opportunity to review the information distributed. The motion was adopted with Supervisors 1 1 22 ;] I~ n MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Claud. called for New Business. There was no new business offered for discussion by the Board. // Chairman Claud called for Appointments. Supervisor Bradshaw moved the Board. reappoint .Charles L. Powelt representing the Carrsville District on the Historical Architectural Advisory Committee. The motion was adopted unanimously (5-0). Chairman Claud moved the Board .reappoint Supervisor Bradshaw as the Board's representative on the Social Services. Board. The motion. was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint. J: C. Jenkins, Jr. representing .the Carrsville District on .the Planning Commission. The motion was.adopted unanimously (5-0). Supervisor Bradshaw moved .the Board reappoint Theodore Hardison representing the Carrsville District on the Transportation Safety Committee. The motion was adopted unanimously (5-0). U Supervisor Bradshaw requested a closed session under Section 2.2- 3711 A7 of the Freedom of Information Act for advice of legal counsel on a legal matter requiring advice of counsel and under Section 2.2-3711 Al concerning a personnel matter. County Administrator Caskey requested a closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.2-3711 A3 concerning property acquisition requiring advice of counsel. Chairman Claud requested a closed session under Section 2:2-3711 A7 of the Freedom of Information Act concerning a contractual matter requiring. advice of counsel and under Section 22-371 l Al concerning two (2) personnel matters. County Attorney Crook requested a closed session under Section 2.2- 3711 A7 of the Freedom of Information Act .concerning advice of counsel 23 gpnK 2~l ~~~: ~'~~ regarding contract negotiations; under Section 2.2-3711 A3 concerning two (2) matters concerning acquisition of property; and, under Section 2.2-3711 A7 concerning advice of counsel concerning two (2) matters of litigation. Mr. Small requested a closed session under Section 2.2-344 AS of the Freedom of Information Act .concerning. three (3) .matters regarding negotiations with prospective. businesses where no location has been previously announced and under Section 2.2-3711 A3 concerning a property acquisition .matter. . 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. Upon returning to open session, Supervisor Bradshaw moved the Board adopt the ,following resolution. CERTIFICATION OF CLOSED MEETING .WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.2-3712D 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 TT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public. business matters lawfully exempted from .open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion. convening. the .closed meeting were hard, discussed or considered by the Board of Supervisors. ..VOTE .AYES.: MacManus, .:Bradby, Bradshaw, Clark and Claud NAYS: Q ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 v. C L LJ 24 1 1 gO4:n 2l ,. fi`~3 '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 Clark moved the Board acknowledge for the record the receipt of the letter from. the Carrollton Volunteer Fire Department on properly acquisition by the County of their real. estate. 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 deeds and authorize the Chairman to sign the closing documents for the property acquisition and direct the Director of Budget and Finance to provide the. closing attorney with funds in the amount of $92,518 relative to the Carrollton Volunteer. Fire Department. The motion was adopted with Supervisors MacManus, Bradby,, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board approve the use. of secondary road funds associated with Pruden Road to compensate property owners for the placement of storm water .management. basins and request the County Attorney to review the process that took place and return to the Board with a policy for future compensation of landowners. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.. Supervisor MacManus moved. that the Board issue the Economic Development Committee letters through staff. He noted that the Board did evaluate the future options of how the Economic Development Committee could assist the Board and it is felt that this letter would allow the Committee to provide aid through the assistance of the Strategic Economic Development Plan and on particular and specific duties as needed by the Director of Economic Development. The Committee is to be designated as the Economic .Development Strategic Planning/Support Group. The County Administrator is to notify the. existing members and any new names of individuals are to be submitted back to the Board as a recommendation from staff. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Claud moved the Board accept the recommendation of the Town of Windsor to appoint Ken Johnson. to the Economic Development Committee (to become the Economic Development Strategic Planning/Support Group), replacing Lud Spivey.. The motion was adopted 25 eoe~ 2~1 . X34 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 distributed. a letter forwarded to Senator Quayle this week relative to Senate Bill 276 for the Board's information. // At 10;50 p.m., Supervisor Clark moved the Board continue its. meeting to February 1, 2002 at 6:00 p.m. at The Smithfield Center for purposes of conducting a Board Retreat. The motion was adopted unanimously (5-0). "obert C. Claud, Sr., Chairman