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07-09-2002 Regular Meeting90nM ~~. '~~i7 REGULAR ),VfEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINTH DAY OF JULY IN THE YEAR TWO THOUSAND AND TWO PRESENT: Robert C. Claud, Sr., Chairman Richard K. MacManus, Vice Chairman Stan D. Clark Phillip A. Bradshaw Henry H. Bradby Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called .the meeting to order at 6:00 p.m. The { invocation was delivered by Supervisor MacManus. The Pledge of Allegiance was conducted. // Chairman Claud called for Special Presentations. Matt Favre, Director of Operations, Charter Communications Company, briefed the Board on the status of the cable- rebuild in the County, as well as pending rate increases applicable to Charter customers.. He stated .high speed data service is now available in most areas of the County except for the Battery Park and Rescue areas. He noted there is a design issue in those areas that needs to be worked out and which should be rectified shortly. Supervisor Clark requested Mr. Favre contact Nancy Modlin and address her cable concerns. i ~~ Chairman Claud indicated the following Consent Agenda included Items. 2, A through D, and asked if there were any items for removal: A. Delinquent Real Estate Tax Collection Monthly Report B. Action List Status Update C. May 30, 2002 Special Meeting Minutes D. June 6, 2002 Regular Meeting Minutes I Chairman Claud moved the Board .approve and adopt all items on the Consent .Agenda with a correction to the May 30, 2002 Special Meeting Minutes to delete the word "attorney" before the name of Jimmy Eason in the third paragraph on Page 7 and correct the June 6, 2002 Regular Meeting Minutes to change the (10) to (1) in the first paragraph on Page 21. 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 Regional Reports. Chairman Claud reported that the Hampton Roads Partnership held its meeting on June 21, 2002 and discussed the Workforce Development Plan and the Transportation Referendum that is coming up on November 5, 2002. He stated several committees have been formed to raise funds for the Transportation Referendum to include a .committee entitled "Committee to Reduce Traffic Congestion" that will. be soliciting funds from private- sources. whose names will be listed publicly.. He noted that 90% of Mr. Eason's time, as well as his assistant, would be paid by corporate funding. He stated a briefing book regarding. traffic congestion in the area and what the six (6) projects will do would be circulated next week. Chairman Claud reported the Mayors and Chairs Caucus meeting was held on June 28, 2002 in York County. He noted the incoming Chairman would be Jeanne Zeidler from Williamsburg. He reported how localities will be handling the Transportation Referendum was discussed. Chairman Claud reported that the Hampton Roads Planning District Commission did not meet in June. Chairman. Claud reported that Supervisor Clark was elected as the new Chairman of the Western Tidewater Regional Jail Authority. Chairman Claud reported that the Western Tidewater Water Authority is continuing to work with HRSD. Chairman -Claud reported .that the Coalition of High .Growth Communities' scope and mission statement is being expanded to include more land use issues.- ~ Supervisor MacManus reported that the benefits of recycling were discussed, as well as the cost impact, at the Southeastern Public Service Authority meeting. He stated the general consensus was that there is a need for continued emphasis on recycling for environmental benefits. // ~ 1 2 Chairman Claud called for Transportation Matters. James Randolph, Planner, reported regarding the Route 460 drainage project in Zuni, VDOT has prepared .information advising that on July 15, 2002 Fire Tower Road will be closed so that an additional 48" drainpipe is~ installed. He stated VDOT will then move to Route 460 and reduce travel to one (1) lane in each direction which may result in some traffic delays. Supervisor Bradshaw requested flyers be posted at Kitchen's Service: Station and the Zuni Post .Office, as .well as in the churches in the. community. Mr. Randolph reported the Rescue Bridge replacement. will begin this .month and a section of Route 704 between Warwick Street and Center Street .will be closed. He stated there is an eighteen (18) months contract limit on this project which should be completed by January, 2004. '~~ Mr. Randolph distributed to the Board for information a letter. from the Assistant Resident Engineer dated July 3, 2002 pertaining to the completion of pavement marking on Route 681 (Raynor Road) and Route 626 (Mill Swamp Road). Supervisor Bradshaw requested immediate attention be given to Whispering Pines Trail. MacFarland Neblett, VDOT Resident Engineer, stated VDOT is in the process of taking care of unpaved roads. Supervisor Bradby requested appropriate steps. be taken to initiate ditch work on Route 624. Mr. Randolph stated the environmental permits have been secured for this project and VDOT has indicated while it can not do the entire ditch line, i what is there. can be improved. He stated once the environmental permits are issued, VDOT could begin the. work within two (2) to four (4) weeks. Regarding the Rural Addition Program, Chairman .Claud moved the Board direct staff to provide its recommendation to the Board as to how to handle related utility relocations .prior to the time they come in through the County for VDOT to take. such roadways over and with the understanding if the Board adopted anything concerning this matter the six (6} existing roads would be grandfathered. 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. // 3 .Chairman Claud called for Citizens Comments. Grace Keen, on behalf of the. Isle of Wight Citizens Association, thanked the County Attorney for his years of service to the Board. She also requested the Board recognize citizens who are ninety (90) or more years in age by bringing these people together once a year. so that they can visit old friends. Supervisor Clark suggested the County could do something to .recognize these citizens in conjunction with the County Fair. Marjorie Keeling, representing the Boykins Tavern Advisory Committee, requested the Board consider certain facts before making a final decision to utilize the upstairs rooms in Boykin's Tavern for office space for the County Attorney. She cited the Committee's concerns with security, theft and .the vulnerability of the floors, steps and walls of the. building. She noted it is recommended staff be present when a docent is not on duty. She expressed concerns with damage or theft to furniture on loan and the installation of receptacles, phone jacks and wiring necessary for equipment needed to maintain offices will destroy walls and baseboards. She stated there are plans to interpret the two (2) front bedrooms upstairs as guestrooms and the back bedroom as a classroom, as well as the need to complete the archeological digs required by the Department of Historical Resources. Chairman Claud stated the County is very limited for space at the Courthouse complex and only through necessity did the Board consider utilization of Boykin's Tavern for office space. Angelia Miller, Habitat for Humanity, invited the Board to participate in a golf tournament on August 9, 2002. She further requested the County sponsor a team through a monetary donation. .Randy Green, Pastor of Harvest Fellowship, encouraged the Board to approve the request of Isle of Wight Materials Company, Inc., listed under the Community Development section of the agenda to install a 4' by 8' panel in an existing pylon sign at 14526 Benn's Church Boulevard. // Chairmam Claud called for the County Attorney's report. County Attorney Crook distributed a copy of the -YMCA lease. He stated the Board may wish to have some time to review it before acting on it. He stated the proposal is to renew the lease and extend it unti1.2052. He stated the rental is the value of the land utilized at the tax rate that is in effect. 1 .. 1 4 1 1 f~ Chairman Claud requested the County .Attorney include the YMCA lease on the Board's agenda for August 6, 2002 to allow the Board additional time to review it. County Attorney Crook distributed a copy of the Children's Center lease. He stated he made a change in the language concerning the rental being the .land utilized at the tax rate for the land itself and the lease has now been signed by representatives of the Children's Center and needs to be approved again by the Board. Supervisor Clark moved the Board approve the Children's. Center -lease and authorize the Chairman to sign it on behalf of the. County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion. County Attorney Crook explained the Board had previously approved { the Hall lease for the Health Department, however, it was not signed by the Chairman at that time and needs his signature. Regarding the letter of the City Manager of Virginia Beach regarding the Lake Gaston project, County Attorney Crook stated there is no time limit ' placed on the County's participation in the 60,000,000 gallons where it was agreed the County reserved 1,000,000 gallons and the County would participate and reimburse the City of Virginia Beach a proportionate share of the cost. He stated the City of Virginia Beach had tried to get the County to exercise that option in 1,997 and the County Attorney corresponded to the City of Virginia Beach at that time. He stated the County's reserved 1,000,000 gallons of water has since been turned over to the .Western Tidewater Water Authority as a resource and it would be their decision to elect. to utilize the water or continue to hold. it in reserve. He stated the City Manager of Virginia Beach is now writing a letter to the County as if there had been no correspondence in 1997 and, further, they want the County to consider paying back the $3,000,000 that the -City of Virginia Beach paid the County to carry the water through -the County using the County's resources. He suggested the Board correspond to the letter from the City of Virginia Beach and set the record straight: Supervisor Bradshaw moved the Board direct the .County Attorney to correspond with the Virginia Beach City Manager based on his comments tonight on the Virginia Beach/Lake Gaston Waterline. The .motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no Supervisors voting against the motion. .County Attorney Crook stated he had a report. for the Board in closed session later in the meeting concerning litigation matters. 5 s B ~' ` ?~. // Chairman Claud called for the Community Development Report. Jonathan W. Hartley, Director of Planning and Zoning, presented the request of Isle of Wight County for renovation. and expansion of the existing arcade (front entrance) at the Courts Building on the Courthouse Complex at s 17110 Courthouse Highway, Isle of Wight, which i$ located in the Courthouse Historic. District. He stated the Historical Architectural Review Committee met on July 3, 2002 and voted unanimously to recommend approval to the Board. Supervisor MacManus moved the Board accept the recommendation of the Historic Architectural Review Committee and approve the request of 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. Mr. Hartley presented the request of Isle of Wight Materials Company, Inc. to install a 4' by 8' panel in an existing pylon sign at 1452b Benn's Church Boulevard, Smithfield in the Windsor Election District which is located in the St. Luke's Historic District. He stated the Historical Architectural Review Committee met on July 3, 2002 and voted unanimously to recommend approval to the Board. Chairman Claud moved the Board accept the recommendation of the Historic Architectural Review Committee and approve the request of Isle of Wight- Materials Company, Inc. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley. stated the County has received a grant in the amount of $51,000 to perform work on the Tyler's Beach Boat Harbor bulkhead. He stated the Corps of Engineers has suggested because there was not sufficient material which could be used for that dredging project, nor was it the correct kind of material, that the County switch authorization to another program, Section 206 of the Water Resources Development Act. He stated the project began in an attempt to repair the bulkhead, but the Corps of Engineers has advised that none of its funding can be used to repair or replace the bulkhead. He stated staff has discussed with the Department of Conservation Resources (DCR) that some. of their funds could possibly be used although he does not have this in writing at this time. He stated there is also a question with the ownership of the property as the fringe marsh that is proposed includes portions of land that the County only has a partial interest and does not have full ownership. He stated the Corps of Engineers has developed preliminary funding estimates which exceed the County's resources and the County's intent is that the project would cost the County no money and that DCR funds would be used to leverage Corps. of Engineers 6 r. ~~ funds to repair the bulkhead and install a fringe marsh. He stated the County's time and administrative costs appear to be increasing and staff has yet to receive a firm estimate from the Corps of Engineers on what the total costs are and a firm commitment from DCR on whether or not their funds can be used to repair the bulkhead. He stated staff did get an independent estimate of $18,000 to $20,000 from a contractor on the cost to build a new bulkhead in front of the existing bulkhead.. He recommended the Board not take any action until staff gets a complete estimate from the .Corps., of Engineers on what the total cost will be. The Board noted it would not take action until an estimate of the total cost is received from the Corps of Engineers. /I Chairman Claud called for the Public Utilities Report. 1 1 E. Wayne Rountree, P.E., Director of Public Utilities, updated the Board on the Consent Orders received for the County's fluoride violations. He stated staff has written the State Health Department to request sixty (60) days extension and received verbal word from them they would look with favor .upon the County's request for an extension.. He recommended the Board authorize .the necessary engineering and construction of a test well at the Smithfield Heights/Sandy Mount .Subdivision well systems. He stated the engineer's estimate on the test well is approximately $105,000 and the engineering and construction of the test well can be done within the funds allocated in the County's current Capital Budget. Chairman Claud moved the Board direct staff to come back to the Board at its August 6, 2002 meeting with an engineering service contract which better defines the scope of work for a test. well at Smithfield Heights. 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 stated bids were received on June 20, 2002 for -the offsite water and sewer and the onsite sewage pumping station .for the Shirley T. Holland Commerce Park, Phase 2. He stated the low bid was submitted by Tidewater Utility Construction, Inc. in the amount of $678,381.63. He stated funds have been budgeted and he would recommend the Board approve the contract and authorize the Chairman to sign the contract after review and approval by staff and the County Attorney. Supervisor Bradshaw moved the Board approve the low bid of Tidewater Utility Construction, Inc. in the amount of $68,381.63 and • authorize the Chairman to sign the construction contract documents after review and approval by staff and the County Attorney. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud I 7 En^Y ~..~ ~~6 voting in favor of the. motion (5-0) and no Supervisors .voting against the .motion. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order of the agenda in order to conduct the public hearings.. The motion was adopted unanimously (5-0). ,, // Chairman Claud called for a public hearing on the following: A. Proposed FY2002-2008 Six-Year Plan for Secondary Roads and the Proposed Secondary Roads Budget for FY 2002-2003 Chairman Claud called for persons to speak in favor of or in .opposition to the proposed Budget. Mr. Neblett stated he would answer any questions of the Board. Chairman. Claud inquired why there are no funds shown during the six (6) year period for Blue Ridge Trail. because there are. funds allocated for the next priority, Sandy Ridge Trail Mr. Neblett stated. VDOT was able to fund with help from the County with revenue sharing funds on Blue Ridge Trail so that project is funded. Supervisor Bradshaw inquired when construction would begin on Pruden Road. Mr. Neblett stated Pruden Road would be advertised in November, 2002. Supervisor Bradshaw stated the project is approximately one (1) year behind schedule and he would recommend. another citizens meeting be held to inform the citizens of thestatus of the project. Chairman Claud closed the public hearing and called for .comments from the Board. Supervisor Clark moved the Board adopt the Resolution Approving the Isle of Wight County 2002-2008 Secondary Six Year Improvement Priority Plan and Fiscal Year.2002-2003 Secondary Construction Budget. 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. 8 a ,r.^. Chairman Claud called for a public hearing on the following: i~ B. The application of Maurice A. Rhodes for a change in zoning classification from RAC to Conditional Rural Residential of 12.6 acres of land located on the west side of Ballard Road (Route 614) south of its intersection with Walters Highway (Route 258) in the Carrsville Election District. The purpose of the .application is for three (3) single-family residential. lots, as conditioned. Chairman Claud called for persons to speak in favor of or in opposition to the application.. Durwood Scott, representing the applicant Maurice A. Rhodes who he stated is ill and unable to attend the public hearing, stated the application was considered by the Board and approved last year. He stated Mr. Rhodes failed to record his approved plat within the six (6) months period as required by the Ordinance and he now going back through the process and . requesting the Board's approval of the application. 1 Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the ..application of Maurice A. Rhodes. The motion was adopted with Supervisors Bradby, Bradshaw, Clark and Claud voting in favor of the motion (4-1) and Supervisor MacManus voting against the motion. { Chairman Claud called for a public hearing on the following: C. The application of Isle of Wight County Department of Parks & Recreation to hold the "2002 Isle of Wight County Fair" on Thursday, September 12, 2002 through Sunday, September l5, 2002 on 43.9 -acres of land adjoining the Courthouse Complex which is located on the. west side of Courthouse Highway (Route -258) in Windsor Election District. Mr. Hartley reported the Planning Commi$sion, at its meeting- earlier today, voted to recommend approval to the Board. 1 Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. George Kindred, Parks and Recreations Department, requested the Board approve. the application. Chairman Claud closed the public hearing and called. for comments from the Board. 9 ~_.... ?~ .. ~ ~8 ~~~~ ~. - _:.ti .Supervisor Bradshaw moved the. Board approve the application of 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. Chairman Claud called for a public hearing on the following: D. _An Ordinance to Impose. a Processing Fee for Persons Admitted to Jail County Attorney Crook stated the proposed. ordinance is due to action of the General Assembly this year to authorize counties and cities to add a processing fee as a part of the court costs for a person that. is admitted to jail. He stated a fee of $25 is proposed to help offset the cost of processing prisoners. Chairman Claud called for .persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one speaking, 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 IMPOSE A PROCESSING FEE FOR PERSONS ADMITTED TO JAIL WHEREAS, the General Assembly of Virginia by an Act embodied in .Section. 5.2-1613.1 of the Code of Virginia (1950), as amended, has provided that the governing .body of any county is authorized to impose a processing fee on any individual admitted to a county or regional jail following conviction to be a part of court costs collected by the clerk to be used by the local Sheriffls Office to defray the costs of processing arrested persons into local or regional jails; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the citizens of Isle of Wight County to help defray the costs of the local Sheriff s Office of processing arrested persons into local or regional jails by assessing such sum as part of the costs upon conviction to be paid to the Treasurer of Isle of Wight County and held by said Treasurer subject to appropriation by the governing body to the Sheriff's Office to defray the costs of processing arrested persons into county or regional jail. NOW, THEREFORE,. BE IT AND IT IS hereby ordained by the Board of Supervisors. of Isle of Wight County, Virginia that there is hereby imposed a processing fee of Twenty-Five Dollars ($25.00) on any individual 10 R admitted to a county or regional jail following conviction to be assessed as part of the court costs. The fees shall be collected by the clerk of the court in which the case is heard, remitted to the Treasurer of the Countyof Isle of Wight and held by said Treasurer subject to .appropriation by the governing body to the SherifFs Office to defray the costs. of processing arrested persons into local or regional jails. The motion .was adopted with Supervisors MacManus, Bradb~, 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: E. An Ordinance to Approve Isle of Wight County Entering into the Virginia Energy Purchasing Governmental Association for the Joint Procurement of Energy Services Anne F. Seward, Director of Budget and Finance, stated the .proposed -0rdinance will allow the- County to become a member of the Virginia Energy Purchasing Governmental Association to publicly .procure for services along with other jurisdictions in .Virginia to provide the most cost advantage options to taxpayers. County Attorney Crook advised he did review the proposed agreements and believes they are well written. Chairman Claud called for persons to speak in favor of or in opposition to the proposed ordinance. Upon no one speaking, Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board adopt the following Ordinance: AN ORDINANCE TO APPROVE ISLE OF WIGHT . COUNTY ENTERING INTO THE VIRGINIA ENERGY PURCHASING GOVERNMENTAL ASSOCIATION FOR THE JOINT PROCUREMENT OF ENERGY SERVICES WHEREAS, the VML/VACo Virginia Power Steering Committee (the "Committee"), composed of representatives of the .County of Isle of Wight and other local governments and political subdivisions of the Commonwealth, has for over several decades negotiated on behalf of such governmental units a standard form contract for their purchase of electricity supply and delivery service from Virginia Electric and Power Company ("Virginia Power") as a sole source provider; and Il WHEREAS, political subdivisions of the Commonwealth of Virginia are authorized under Virginia law to exercise jointly powers that they otherwise are authorized to exercise .independently, and the terms and conditions of such authorization are currently set forth in Chapter 13, Article l., Sections 15.2-1300, et seq. of the Virginia Code (the "Joint Powers Act"); and WHEREAS, the Virginia Electric Utility. Restructuring Act (the "Restructuring Act") further authorizes municipalities and other political subdivisions in the Commonwealth to aggregate their electricity supply requirements for the purpose of their joint purchase of such requirements from licensed suppliers, and the Restructuring Act provides that such aggregation shall not require licensure; and WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts .from its competitive sealed bidding and competitive negotiation requirements (the "Requirements") the joint procurement by public bodies, utilizing competitive principles, of electric utility services purchased through member associations under the conditions set forth in the Procurement Act; and WHEREAS, the Committee recommends that the aggregation and procurement. of electric supply, electric delivery, and other energy-related services ("Energy Services") be effectuated as provided in the Joint. Powers Association Agreement, a copy of which is attached to and made part of this Ordinance (the. "Joint Powers Agreement"), in accordance with .applicable provisions of the Procurement Act, such as the utilization. of competitive principles pursuant to an exemption from the. Requirements; and WHEREAS, the Committee also recommends that the other services provided by the Committee to its members be effectuated as provided in the Joint Powers Agreement, with such services consisting of (i) assistance in implementing standard form contracts for the purchase of services from incumbent electricity utilities, (ii) education of members regarding electricity procurement issues, (iii) monitoring of legal and regulatory developments affecting the provision of electricity service to local governments, and (iv) hiring of consultants and legal counsel to assist in its provisions of the foregoing services ("Steering Committee Services"). WHEREAS, it appearing to the Board of Supervisors of Isle of Wight County that the joint procurement of the Energy Services pursuant to the Joint Powers Agreement and the provision of Steering Committee Services pursuant to the Joint. Powers Agreement is otherwise in the best interests of Isle of Wight County. NOW, THEREFORE, BE IT HEREBY ORDAINED that: 1 12 R 1 (1) Competitive sealed bidding and competitive negotiation for the procurement of Energy Services are not fiscally advantageous to the public because the procurement process for .Energy Services must be flexible enough to respond quickly changing market conditions in which energy prices can fluctuate considerably on a daily or even hourly basis. (2) The aggregation and joint procurement of the Energy Services pursuant to the Joint Powers Agreement is hereby approved. (3) The provision of Steering Committee,. Services pursuant to the Joint Powers Agreement is hereby approved. (4) The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of Isle of Wight County are hereby authorized and approved. 1 (5) The Chairman of the Board of Supervisors is hereby authorized and directed to executz and deliver the Joint Powers Agreement on behalf of Isle of Wight County in substantially the form presented to this meeting. (6) The payment obligations of Isle of Wight County pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefore by the Board of Supervisors. (7) This Ordinance shall take effect immediately upon its adoption. The motion was adopted with Supervisors Bradby, Bradshaw, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and, Supervisor MacManus abstaining from voting on the Ordinance. // Supervisor Bradshaw moved the Board return to the regular order of the- agenda. The motion was adopted unanimously (5-0). // fl Chairman Claud called for the Economic Development Report. Patrick J. Small, Director of Economic Development, presented a renewal contract for advertising services with Waters. Advertising for an additional year for the Board's consideration. Supervisor MacManus moved the Board authorize the County Administrator to sign the. attached letter regarding the contract renewal. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark 13 9oaK 21 >~~:-~~? and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion, // Chairman Claud called for the Emergency Management report. County Administrator Caskey presented. the amended Bylaws of the Emergency Communications Center Board of Directors for the Board's consideration. He recommended approval of the Bylaws to the Board. Supervisor. Clark moved the Board .authorize the Chairman to execute the amended bylaws on behalf of the Board. The motion-was adopted. with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Claud called for the County .Administrator's report. Mrs. Seward presented a Resolution to Appropriate $461,500 From the General Fund Capital Budget to the Industrial Development Authority for the IDA to complete work on the Shirley T. Holland Commerce Park, Phase 2. Supervisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FOUR HUNDRED SIXTY-ONE THOUSAND FIVE HUNDRED DOLLARS FROM THE GENERAL FUND CAPITAL BUDGET TO THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the Board. of Supervisors of the County of Isle of Wight, Virginia has approved a contribution to the Industrial Development Authority to be used to enhance economic development within the County of Isle of Wight, Virginia; and, WHEREAS, the. funds in the amount of four hundred sixty-one thousand five hundred dollars ($461,500) needs to be appropriated to the appropriate line item in the 2001-02 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 the sum of four hundred sixty-one thousand five hundred dollars ($461,500) for the enhancement of economic development within the County of Isle of 14 1 1 ,. 1 go~K 21., ~:~ 1^~3 rl Wight, Virginia be appropriated to the 2001-02 Industrial Development Authority 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. Mrs. Debbie J. Sivertson, Administrative Analyst, stated the County has entered into a dredge materials management plan with the Corps of Engineers to review a long-term perspective for Tyler's Beach for maintenance dredging. She stated included in the Board's agenda is Phase. I, which is to look at an analysis and conclusion if there is a potential upland .site available. She stated staff is going to evaluate the Corps of Engineer's criteria and then offer any practical, logistical, political or other criteria-staff may have. She stated once it is determined that an upland site is available, the County may review the feasibility of entering into a cost%share agreement with the Corps of Engineers for construction of an upland disposal site. She stated should an upland site not be available, the Corps of Engineers will then assist the County with other alternatives to finding a disposal site. Sherri A. Bush, Emergency Communications Center Director, presented a Resolution to Submit an Application to the Virginia-Department. of Criminal Justice Service and to Accept and Appropriate Grant Program Funds. She advised that the grant is a one (1) time data sharing grant in the amount of $5,000 and requires no local matching funds. Chairman Claud moved the Board adopt the following Resolution: RESOLUTION TO SUBMIT AN APPLICATION TO THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS 1 WHEREAS, the Board of Supervisors of the County of Isle of Wight,... Virginia has approved the grant application to the Commonwealth of Virginia, Department of Criminal Justice Services for a multi jurisdictional data sharing grant to be used to promote a centralized emergency dispatch. service; and, WHEREAS, the funds in the amount of five- thousand dollars ($5,000.00) or so much as shall be received from the Virginia Department of Criminal Justice Services .needs to be appropriated to the appropriate line item in the FY 2002-03 E911 Operating Budget of the County of Isle of Wight,. Virginia.. 15 . aoeK ` 21 r~.: X34 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five thousand dollars ($5,000.00) or so much as shall be received from the Virginia Department of Criminal Justice .Services be appropriated to the appropriate line item in the FY 2002-03 E911 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 (S-0) and no Supervisors voting against the motion. County Administrator Caskey noted that a recent edition of Virginia Business contained various articles on smart growth and how to deal with cellular towers which has a direct relationship with what the County is currently experiencing. County Administrator Caskey presented a Resolution Expressing Support for the Pledge of Allegiance prepared by staff as a result of the recent court ruling in California which expresses the Board's sentiment relative to the importance of the Pledge of Allegiance to this County and the nation as a whole. Supervisor Bradshaw moved the Board adopt the following Resolution upon the review of the County Attorney and directed staff to notify Congressional members and members of the .General Assembly of its adoption by the County: RESOLUTION EXPRESSING SUPPORT FOR THE PLEDGE OF ALLEGIANCE WHEREAS, this .country was founded on religious freedom by founders, many of whom were deeply religious; and, WHEREAS, the First Amendment to the Constitution embodies principles intended to guarantee freedom of religion both through the free exercise thereof and by prohibiting the government from establishing a religion; and, WHEREAS, the Pledge of Allegiance was written by Francis Belay, a Baptist Minister, and first published in the September 8, 1892, issue of the Youth's Companion; and, 1 1 16 4 eo~K 21:x,: ~ 35 WHEREAS, Congress in 1954 added the words "under God" to the Pledge of Allegiance; and, WHEREAS, the Pledge of Allegiance has for almost 50 years included references to the U.S. flag, the country, to our country having been established as a union -under God and to this country being dedicated. to securing liberty and justice for all; and, WHEREAS, the Congress in 1954 believed it was acting constitutionally when it revised the Pledge of Allegiance; and, WHEREAS, this Board of Supervisors of the County of Isle of Wight, Virginia, believes that the Pledge of Allegiance is not an unconstitutional expression of patriotism• and WHEREAS, .patriotic.. songs, engravings on U.S. legal tender, engravings on Federal buildings also contain general references to God; and, WHEREAS, in accordance with decisions of the U.S. Supreme Court, public school students cannot be required to recite the Pledge of Allegiance without violating their First Amendment rights; and, WHEREAS, the Congress expects that the U.S. Court of Appeals for the Ninth Circuit will rehear the case of Newdow v. U.S. Congress, en banc. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors strongly disapproves of the Ninth Circuit Decision in Newdow v. U.S. Congress and requests. its Congressional representatives and the President of the United States to do all things necessary to defend the constitutionality of the Pledge of Allegiance. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw requested the County Attorney draft the appropriate language and forward to the appropriate courts on behalf of the County. 1 // Chairman Claud called for Old Business. Supervisor Clark thanked Mr. Neblett for VDOT's efforts in having the ditch along Smith's Neck Road cleaned. f/ 80AM 2~ ~r~;• ~ ~6 Chairman Claud called for New Business. Supervisor Bradby reported the Director of Parks and Recreation has agreed to accept the recommendation of the Tyler's Beach Boat Harbor Committee to dissolve and turn the issue of Tyler's Beach over to the Department of Parks and Recreation. Supervisor Bradby moved the Board direct the County Attorney to take appropriate action to dissolve -the Tyler's Beach Boat Harbor 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. Supervisor Clark inquired about the status of the issue with the Carrollton Volunteer Fire :Department. County Attorney Crook reported the .Planning Commission .recommends approval of a variance on the building being located within the Highway Corridor Overlay District. He .stated 1VIr. Childress has shown him a plan which designates which trees will be cut down and which trees will remain. He stated he now. will make an appointment with the lumber man • about the cutting of the timber. Supervisor Clark stated he had previously requested Mr. Hartley provide certain information regarding 100 .foot buffer variances which were approved administratively. He stated he has met with Mr. Hartley and determined that his request for information would be too time consuming and he has, therefore, agreed to withdraw his request. Supervisor Clark moved Mr. Hartley not be required to provide. the information requested by him previously concerning the 100 foot buffer variances which have been approved administratively. 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 noted there would be extensive data being circulated on the upcoming Transportation Referendum and he would suggest the • Board set a work session prior to a regular meeting to discuss the details of the Referendum and various other issues relative to the Coalition of High Growth Communities. Supervisor Bradshaw moved the Board change its meeting scheduled for August 1, 2002 at 2:00 p.m. to August 6, 2002 at 12:30 p.m. for a work .session.. with the regular. meeting to begin at 2:00 p.m. The topics of discussion for .such .work session are the Transportation Referendum and various items discussed at the recent Coalition of High Growth Communities meeting. The motion was adopted with Supervisors 18 n r{ 1 90~N ~1 ~_~7 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 information presented to the Board tonight by the Boykins Tavern Advisory Committee regarding the utilization of office space by the County Attorney be reviewed by the County Administrator and .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. Supervisor Bradshaw moved the Board direct the County Administrator take appropriate action for the County to make a monetary contribution to Habitat for Humanity, not to exceed $250. 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 Appointments.. 4 Supervisor Bradby moved the Board nominate Brandon White to the Circuit Court for appointment to represent the Hardy District on the Board of Equalization. The motion was adopted unanimously. Chairman Claud moved the Board appoint Ernestine Turner, representing the Windsor District on the Commission on Aging. The. motion was adopted unanimously (5-0) l r // County Attorney Crook requested a closed session under. Section 2.2- 3711 A7 of the Freedom of Information Act concerning advice of counsel on actual litigation matters. Supervisor Bradshaw requested a closed session under Section 2.2- 3711 A 1 of the Freedom of Information Act concerning personnel matters. 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 19 ao~K 21 ~~::r~.?8 WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant. to an aff rmative 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, (i) only public business matters lawfully exempted from .open meeting requirements by Virginia -law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved regarding litigation discussed in .closed session the Board authorize the :County Attorney to endorse the final orders subject to the changes recommended by the County Attorney.. The motion was adopted. with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Bradshaw moved the. Board continue .its meeting until July 29, 2002 at 4:00 p.m. for the purpose of discussing matters in closed session. 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. ~~~~C .C~~%~%~- Robert C. Claud, Sr., Chairman 20