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03-10-2003 Regular Meetings ~.. teA~ 21a ~~-4~2 REG[JLAR MEETING OF THE ISLE OF WIGHT COUN'T'Y BOARD OF SUPERVISORS HELD THE TENTH DAY OF MARCH IN THE YEAR TWO THOUSAND ,AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrata-r Donald T. Robertson, Assistant County AdminstratorlDuector of Human Resources Carey H. Mills, Recording Secretary Chairman MacManus called the meeting to order at 5;30 p.m. and delivered the invocation. !/ The Pledge of Allegiance. was conducted. /1 Chairman MacManus called for approval of the agenda. s~ County Attorney Stroman requested a closed session be added to the agenda under Section 2.2-3711.A.3 concerning the possible acquisition of private property fora .public purpose and under Section 2.2.3711.A.? concerning consultation with legal counsel pertaining to actual or probable litigation and specific legal matters requiring the provision of legal advice. and under Section 2.2-3711.A.6 concerning the investment of public funds where competition or bargaining is involved. and, if made public, would jeopardize the- financial interest of the County. Supervisor Clark requested a ~ closed session matter be added to the agenda under .Section 2.2-371-1.A.7 concerning advice of counsel on probable litigation. Supervisor. Bradshaw requested a closed session matter be added to the agenda under Section 2.2 3711.A.1 concerning personnel performance and evaluation. Supervisor Clark moved the Board approve the Agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, 1 w t ea~~ 21 ~Y~4~3 Bradby, Bradshaw, Clark and Claud .voting- in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for Special Presentations. Mary Heinricht, Consultant with American Farmland Trust, addressed the Board on purchase of .development rights and land trusts. She stated in Virginia, farmland. is being lost at the rate of 49,000 acres annually. She stated there is state enabling legislation allowing localities to buy- partial interest in real estate, and. monies have-been authorized for states and local governments to share in the cost of purchasing agricultural easements. She . noted last year, Virginia entities received. $1.5 million from- the federal. government allowing them to protect approximately. eight (8)~ farms- around the state... She stated the federal -program wily pay up to half the cost fir an easement, with the .local level expected to contribute 25%, .and the. landowner donating 25% of the value. She. stated if a locality donates a conservation easement, a state income tax credit will be given. for up to half the value of that easement. She stated a locality is now allowed to transfer that. tax credit to .someone else, allowing for a means by which funds can be received at the loca_ lity level -for a donated easement. She stated in response to her request that the federal government allow the tax credit as -the match .for the federal funds, she was advised that if she- could devise a method to capture that money and run it through a program that has an .-interest in the easement, then it would be considered a match. Shea stated .the Virginia Agricultural Vitality Program, when the state recouers .financially, will eventually provide funds to local governments to buy agricultural conservation easements. She stated .localities would be .required to -have a certified program. She. encouraged the Board, as it proceeds forward ~ with the program, to consider contiguous areas that can be dedicated only to agriculture. She stated the federal requirements under the Federal Farmland Protection Program are that farms that apply. for funding must be at least 50% of prime, unique or important soils. She stated. the County. now has the ability to :designate locally important soils that they do not have to be designated by soil. type. She suggested the Board determine where -the most viable- farms are .located and where the farmers are that serve other farmers. She also suggested the Board look at agricultural infrastructure as the community continues to grow. She cited a project that occurred in Virginia .Beach in which VDOT constructed two. (2) rural bridge upgrades and downgraded the gross tonnage. weight,, resulting in arge equipment and gram trucks no longer berg able to cross, causing ..them to detour over twenty (20) miles. She stated typically localities require that curb and gutter be installed in new subdivisions in .rural areas, and warned that this requirement-restricts the ability of farm equipment to proceed- through these .areas. She stated suburban .lighting and weed control should. also be considered verycarefully. She cautioned the Board not to allow subdivision of a property after it is under an easement because it is not known what .~ 2` . -, - eoo~ 21a~~4~4 farming will be like in the. distant future. She encouraged the Board yo have - the least restrictive clauses in its legal .documents and refer to the Code of Virginia on instances where the Board wishes to impose restrictions. She noted that she. anticipates. completion of a notebook and training program for , local governments delineating programs that can be taken .advantage of by localities, including standards for .these programs, and how the County , might adapt a local. program to take advantage of these programs within. the next three (3) to four (4) months. Supervisor: Clark requested that Ms. Heinricht forward a copy of her completed notebook and training program to the County Administrator for ..presentation to the Board at that time. I/ Chairman MacManus indicated the Consent Agenda (Item 2) included the following items: A. Interagency Committee Meeting Minutes B. Resolution to Accept and Appropriate 51,875 from the Commonwealth of .Virginia Department of Agriculture and . Consumer Services C. Resolution to Accept and Appropriate $6,880 from the Department of Justice Equipment Grant Program D. Resolution to Accept and Appropriate Grant Funds -from the Virginia Department of Technology Planning for E-911 Wireless Services E, Resolution to Accept and Appropriate $348,609 in Grant Funds from the United States Department of Housing and Urban Development F. Resolution to Appropriate $430,000 from the Unappropriated Fund Balance of the General Fund for the Carrollton Fire Department Renovation/Expansion G. Report on Restrooms at Nike Park H. Action List Status Update I. February 8, 2003 Continued Meeting Minutes J. February 10, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. 3 eooK ' 21 ~a~:~4~5 ..~.~ r ,, County Attorney Stroman requested that Item (C), Resolution. to :Accept and. Appropriate $6,880 from the Department of Justice Equipment Grant Program, be removed from the agenda for further discussion. Supervisor Claud moved the ~ Board remove Item (C), Resolution to Accept and Appropriate $6,880. from the Department of Justice Equipment Grant Program, as recommended. by the County Attorney,, and adopt the remaining -items on the Consent Agenda. The motion. was adopted by a vote _ of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. In reference to Item (C), Resolution to Accept and Appropriate $6,880 from the Department of Justice Equipment Grant Program, County Attorney Stroman requested that the Disclosure of Lobbying Activities form be amended to reflect. that --the sub-awardee has -not undertaken any lobbying activities. ...Supervisor Bradshaw moved the Board approve Item (C) on the • Consent Agenda .with the recommended change by the County Attorney that the Disclosure of Lobbying Activities form be amended to reflect. that the • sub-awardee has not undertaken any lobbying activities. The motion was adopted by a vote of {5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for Regional-Reports. Supervisor Claud reported that the Hampton Roads Planning District Commission held a retreat on -February 28, 2003 with a priority being the 2026 Transportation .Plan. i Ie stated a good deal of work will be done on the tax restructuring to determine how -the different localities in the ~ Hampton -Roads area will be.affected. He stated a committee will be coordinated to study -the military base closures that could potentially take .place in 2005. He stated .the mission of the HRPDC is transportation issues and they respond to the needs of all the various localities, as well as ~ coordinate activities on a regional basis.. He stated the HRPDC is not an advocacy. group, rather a group that establishes facts. Supervisor Claud reported that-the High Growth Coalition will fiold an executive committee meeting on March 31, 2003-with discussion on ways to get input and exert influence on .some of the commissions that were . established through the General Assembly, -i.e., Virginia Housing Study. . Commission and the Low Impact Development Task .Force. He stated adequate public .facilities. and impact fps were discussed, and. the Coalition is attempting to obtain data from other states that currently have adequate ,~ 4 • .,..._ . public facilities concerning laws that have been implemented and how they have been successful, as -well as develop .strategies as to how to proceed in the next General Assembly session. Supervisor Bradshaw reported that the VACo Board of Directors will be meeting at the end of April, 2003. He requested the Board members inform him- of their individual concerns. He stated the VACo committees will be meeting in May,•2003. and he is serving on a Steering Committee that is developing a certification program for boards of supervisors. Chairman MacManus .reported that the Hampton Roads Partnership did not hold a meeting this month. Chairman MacManus reported that. Jones Hook with the Hampton Roads Economic Development Alliance had reported a slow start this year from an economic, perspective. Chairman MacManus reported .that at the Mayors and Chairs Caucus, Mayor Jim Council of Franklin addressed the issue of whether there should be a regional or locally held ceremony in remembrance of September 11'~ and the consensus was that each of the local .areas would handle then .own ceremonies. Chairman MacManus reported that the Southside Mayors and Chairs did not hold. a meeting this month. Chairman MacManus .reported that the Intergovemmental Relations Committee did not hold. a meeting this month. . Chairman MacManus stated that SPSA is in a position to take. action on the SPSA bonds if desired. due to the success of legislation in the General Assembly this year. He reported. there was no trash tax out of Richmond this past. year. He also reported that the City of Portsmouth .has within its zoning ordinance the requirement for a conditional use permit .for any storage of shipping containers to prevent the spreading of disease.. He stated he would address this matter further under New Business with regard to the. necessary conditional use permits and restrictions within the County's Zoning Ordinance. !/ Chairman MacManus called for Transportation Matters. -James A. Randolph, Planner, stated the purpose of the FY2003-04 Revenue Sharing Program is to -allow County dollars to be matched on a dollar-for-dollar basis by the state for use on transportation projects. He stated it also works in coordination with the 2003-04 Six-Year Plan which is 5 eooK ~ 21 ~~~~4~7 i~ currently being drafted. He requested the Board authorize the Chairman to sign a letter of the County's intent to participate in the Program. Supervisor Claud moved the Board authorize the Chairman to sign the intent letter to participate in the Fiscal Year 2003-04 Revenue Sharing Program. The motion was. adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion, and no Supervisors voting against the motion. Mr. Randolph stated VDOT assembles aSix-Year. Plarr for primary, urban and interstate road projects. He recommended adoption of the Resolution Establishing the Recommendations of the Board of Supervisors of. Isle of Wight County, ,Virginia for the 2003 Virginia Transportation Development Plan of the Commonwealth Transportation Board and Virginia Department of Transportation... He stated staff would have an opportunity to address the Commonwealth Transportation Board and request. specific projects on primary roads. Supervisor. Claud moved the Board adopt the .following Resolution for • presentation at the Preallocation Hearing: RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, FOR THE 2003 VIRGINIA TRANSPORTATION DEVELOPMENT PLAN OF THE COMMONWEALTH TRANSPORTATION BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Commonwealth. Transportation .Board and the .Virginia Department of Transportation -will conduct a public meeting for Interstate, Primary, and Urban System Transportation. Improvements in the Hampton Roads District. on March 27, 2003; and, WHEREAS, Isle of Wight County, Virginia, wishes to make. specific .recommendations for transportation improvement projects to be included in the Virginia: Transportation Development Plan . by the Commonwealth Transportation Board; and; WHEREAS, the most. critical corridor in need of improvement is the -Route 258 corridor from the-Town of Smithfield to .Route S8 Business; and, WHEREAS, this corridor serves as the primary north-south access- to the two major.. industries . in the County; Smithfield .Foods, Inca and International Paper Corporation, accounting for considerable :truck traffic along with-the regular traveling public, school buses and farm equipment. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County,. Virginia, that the following corridor is considered the highest priority transportation.. improvement for the County because- of its 6 .~ . _ aae~ 21 ~~~-4~8 potential to address serious .vehicle safety problems as well as to provide significant. economic benefits for the movement of goods and services within the County and the Hampton Roads Region: Realignment and the .widening of Route 258 to .four-lanes between Route 10-Smithfield Bypass to Route'S8, including: a. the construction of the Route 258-Windsor Bypass and its . grade-separated crossing at the Norfolk Southern rail line; and, b. the construction of the connector highway (Berms Church Connector) to relocate Route 258 south of Route 10 between Benns Church .and Isle of Wight- Courthouse: and, c. the reconstruction and widening of Route 258 south of Smithfield to extend the center turn lane to Route 620. BE TI' FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, supports improvements to U.S. Route 460 between the: Petersburg. and Suffolk Bypass through either the Limited. Access or - Local Improvement alternative outlined in the TRANSAMERICA corridor study. This segment of Route 460 is projected to be heavily congested in .the future,..yet supports one-.quarter of the freight needs of the .Hampton Roads region, and as a consequence has. a death rate of twice: the Statewide average. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, supports the .establishment of high speed .rail service to the Hampton Roads region along the Route 460 corridor. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are considered. to be other important and vitally necessary transportation improvement. priorities in the County: 1. Construction of capacity and safety improvements to Route 10 in Isle of Wight County, including. the widening of Route 10-Bypass to four (4) lanes, along with similar improvements within the Counties of Sorry and Prince George. 2. Full funding for the construction of dedicated left-turn. lanes on Route 460 in the Town of Windsor from Route 258 eastward to Hidden Acres Circle. 3. Full funding for the replacement of the Blackwater Bridge. n between Isle of Wight County and the City of Franklin. 4. Full funding of the second phase of the Route 10 widening project at Fort Hugec~Drive, Route 676. S. Construction and improvement. of turn lanes on Route 17 and its intersection with Route .659, Kings Cove Way. 6. Improving the Benn' Church intersection at Route 258. 'and Route l0 to include additional turning lanes. 7. Installation of variable message signs-as a component of the Advanced Warning System for the James River. Bridge. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the County Administrator into forward a copy of this resolution to the County's legislative delegation and to the Virginia Department of Transportation for inclusion in the official record of the 2003 public meetings for the Virginia Transportation Development Plan. The .motion was adopted by a vote of (5-0) with- Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the f motion, and no Supervisors voting against the motion Supervisor .Claud inquired when the Six-Year Plan for Secondary Roads would need to be approved. Mr. Randolph noted. that he would present a draft Plan for. review at the Board's March 20, 2003 meeting with a request that the Board authorize a public hearing for the Board's April 17, 2003 meeting. Jack Currence of Gatling Pointe noted that he is not- aware of what was approved as a Plan by the County to present to VDOT. Chairman MacManus noted that infonmation pertaining to this issue is placed on the County's website for public perusal.. Supervisor Claud. retluested .that staff provide Mr. Currence with a copy ofthe information. // Chairman MacManus called for Citizens Comments. William Carter of Rescue addressed the Board concerning the bridge construction underway at Jones Creek. He stated the .bridge, -which was originally proposed to raise the tnadway at his residence by two (2) feet, has 8 .~ 6000 2i ~,:~'~7VO been changed to eleven (11) feet. He noted that the Rescue .landowners -have been. misinformed by VDOT and fie requested that the Board investigate: his concern. Supervisor Clark advised Mr. Carter that the YDOT Resident. Engineer would be present at the Board's March 20, 2003 meeting at 6:00 p.m. and he b invited him to attend. John Perry of Rescue noted the character of Rescue would be changed as a result of. the increase to -the bridge's proposed height... He stated his .primary concern involves speeding. He recommended the Board take action to cease work on the project until .thee engineers review the project with the "Rescue Community. League and the Board and assure the citizens that the bridge .will be constructed in a fashion that would. primarily protect the .safety of the. citizens of Rescue. ; Supervisor Clark moved the Board direct staff to coordinate with the VDOT Resident Engineer now, .and that. VDOT be requested to investigate. the concerns of citizens and provide the Board with awritten report prior to the March. 20, 2003 so that the Board can.. be made aware of what the issues are, the chronology of the events, and the information provided to the public. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Nancy Guill of Rescue .reiterated the Isle of Wight Citizens Association's desire for the Board to discuss the formulation of a committee to study growth. Laura Padgett of Longview Circle addressed the Board on her concern with the proposed rezoning of 130+ students from the Carrollton Elementary School to the Windsor Elementary School. County Attorney Stroman advised that the. Board of Supervisors has no authority over the School Board. and- that the method for the public to address policies of the School Board is at the polls. /i . Chairman MacManus called. for the County Attorney's report. County Attorney Stroman noted that he would be requesting a closed meeting under Section 2.2-371I.A.7 concerning consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. 9 ,. sax ~ 2~ =~ -~0 County `Attorney Stroman noted that .under the New Business section of the agenda he would be .requesting the Board approve .proffer deeds of trust for property owned by Morris A. Rhodes on Ballard Road which was - previously conditionally rezoned. // Chairman MacManus called for the Community Development Report. There was no report offered for discussion by the Board. ' /1 Chairman MacManus called for the Economic Development Report. Patrick J. Small, Director of Economic Development .presented the Action Steps for the Isle of Wight County Strategic Plan of Action for the Board's information. He distributed a replacement page 2, noting that at the time he prepared the original -report he did not .have the supplements and - abatements, resulting in anunder-reporting. of revenues for machinery and tools.. Supervisor Bradshaw moved the Board accept the report of -.the Director of Economic Development; that it be .provided to the .County Administrator on an annual basis for delivery to the Board; that if be posted _ to the County's website; and, that the Director of Economic Development issue a press release. The motion was adopted by a vote. of (5-0) with Supervisors `MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion; and no Supervisors voting against the motion. Chairman MacManus requested that the Director of Economic Development check with the Superintendent of Inspections to determine whether or not the- number. listed for the residential building permits for 2001 includes the incorporated towns. Supervisor Claud requested Mr. Small include in his report the number of such permits issued by district. // Chairman MacManus called for the County Administrator's report.. County Administrator Casket' stated pursuant to prior Board direction .the Board packet contains information -for the Board's consideration with respect to establishing a biennial County assessment cycle. Supervisor Claud noted that the Board has previously discussed proceeding with a biennial assessment cycle; however, the Board decided it 10 ,~ eooK , 21:~~5Q2 was not in the County's best interest. He stated the last reassessment realized a 17% increase and :because of the large amounts of residential growth in the- County, the .potential for additional revenue. is being lost. Supervisor Bradshaw stated he also supports the biennial assessment cycle because of the high growth occurring in the County. Supervisor Clark noted homeowners do not understand why their property values increased so significantly this past four (4) year cycle and.a two (2) year cycle will be easier for them to understand. Supervisor Bradby noted that the County is currently losing potential revenue utilizing the four (4) year assessment and concurred a-two (2) -year cycle would better benefit the County financially. Chairman: MacManus stated the Hampton Roads region utilizes a tyro (2) year assessment cycle and the Board adopting a-two {2) year assessment cycle would help the revenue stream, which would make it easier to predict the future as .opposed to the significant jumps .experienced now every fow (4) Years. Supervisor Claud moved that the Board. direct the County Attorney to prepare. anordinance establishing a biennial assessment effective.June 30, 2004 to be advertised for .the Board's April 17, 2003 meeting with staff to make recommendations to the Board with respect to the organization and the process to implement this new cycle. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion.- County Administrator Caskey stated pursuant to the Board's January 16, 2003 discussion relative to the options proposed by SPSA .regarding .curbside recycling alternatives operated by that agency, he has relayed to SPSA that the Board is willing to continue for six (6) months beyond July 1, ..2003 its current program.. He stated included in the agenda is a draft statement that addresses the continuation of service in those areas within the County, .outside of the incorporated towns. Chairman MacManus noted with respect to the 95 gallon bins, the fee should reflect $2.92 versus $2.52. He recommended that language be included with respect to the length ofcommitment. Supervisor Claud noted that if a subdivision expresses interest in recycling, it should either come from the homeowners association or from the majority of the- households that request such service. County Administrator. Casket' noted he first needs to discuss the HRUBS system with HRSD to ensure it will work as a mechanism for. billing.. He noted that the. Board would also need to discuss how the County 11 ~.r a~o~ z~~~~-503 i~ intends to survey its own citizens with respect to their interest. He stated then an ordinance would need to be developed defining. a user fee with the emphasis on if a community were to be provided.. this service, each household would receive a bill regardless of whether or not they participate. Supervisor Claud recommended that a survey be developed for distribution to the citizens to determine their preference with respect to. recycling. Chairman MacManus recommended that staff proceed .with the development of an ordinance so that the mechanism will be in place to allow the County to proceed with communities. in the future that. are willing to participate. County. Administrator Caskey stated pursuant to discussions at the` Board's retreat in November, 2003, included in the agenda is an update of Action Steps for the Isle of Wight County Strategic PIan of Action. Supervisor Bradshaw moved the Board: accept the report.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no .Supervisors voting against the motion. Donald T. Robertson,- Assistant County Administrator, Director of Humane Resources, presented information relative to a .Memorandum of Agreement between the County and the Virginia Cooperative Extension Office for .apart-time temporary 4-H position. County Attorney Stroman indicated that he has approved the Memorandum of Agreement as to form. County Administrator Caskey noted that the State has reinserted its obligation for funding at the 66.6% of its share, ginning July.1, 2003. Supervisor Bradshaw stated he did not have a problem with the part- time 4-H position until June 30, 2003; however, he would recommend. the Board move forward with the coordination between the Extension. Service, the County's Economic Development Director sand the Department of Planning and Zoning, as he is an advocate of the County acquiring easements. with,. respect to the. Farmland .Trust in order.. to .protect -the s County's farmland. He stated the Director of Economic Development has excellent resources. available that can be tied into the- Extension .Agent .position and the County is in-need of a program to tie these areas together. Supervisor Bradshaw moved the Board direct .the County Administrator and: staff to evaluate the agricultural community with regards to providing services to them through the Cooperative Extension Service, the Department of Economic Development and the Department of Planning :.~ 12' ~, .. and Zoning, and provide the Board with. a recommendation on how the Board should proceed during the budget process.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' stated that pursuant to the- Board's direction, included in the Board's agenda is follow up information pertaining to a grants writer position. Supervisor Bradshaw stated the Director of .Social Services brought to his attention that her department is in the process of initiating a REVMAX program. 1 John Catron, Assistant Director of Social Services, stated the State of Virginia has been.. participating in the REVMAX. program over the last several years. He stated .this program provides an .opportunity to recapture money for programs associated with high risk children for foster care - placement; children that. are involved with the General Court; and, children who receive funding through the Comprehensive Services Act. He stated the federal government will reimburse 50% of the administrative costs of .providing- services to these children and this reimbursement can- then be used to fund additional .programs in the community and expand them to provide new services for children and their families. He stated he understands that the REVMAX position can be shared with the grant writing position of which 50% of this position could be reimbursed from the federal government. Supervisor Bradshaw moved that the Board direct staff to review the REVMAX Program with the Department of Social Services and make a recommendation to the Board to allow the Board to incorporate this position during the budget process. The .motion was adopted by a vote of (5-0) .with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against- the motion. County Administrator Casket' presented follow-up information relative to the. Human Resources .Department staffing for the Board's information. He noted staff is in support. of proceeding with establishing a dedicated position that is solely responsive to the human resource needs of the County and its employees and proposes thatthis beincluded as part of the upcoming budget. /f~ Chairman MacManus called for Old Business. A. Revisions to "THE CHESAPEAKE BAY PRESERVATION ..AREA ORDINANCE, .APPENDIX B-1, OF THE ISLE OF l3 eoo~ ~ 21 ~~~~~0~ WIGHT COUNTY CODE" pursuant. to the changes made in the Chesapeake Bay. Preservation Area Designation and Management Regulations adopted by the State Chesapeake Bay Local Assistance Board. (Tabled February 24, 2003.) Mr. Hartley stated the matter. was tabled as a .result of the state .extending its deadline for adopting the Ordinance. He stated he has outlined _ a process that will allow staff to review closer what is proposed.. He recommended that he be allowed. additional time to solicit and prepare a summary of public comments and that he delay any active. discussion of the draft until the July/August, 2003. period so that staff can continue to focus on the Zoning Ordinance. Supervisor Bradshaw recommended that -staff list information pertaining to the Ordinance on the :County's website and place an appropriate ad in the newspapers to solicit public comments. Chairman MacManus .expressed. his concern that it will be in direct conflict with-.the Zoning- Ordinance.. He stated he does not want to see the 'Zoning- Ordinance due date delayed, but he believes staff can provide- some education in the near. term. He stated the Zoning Ordinance will be the priority in August, 2003 and he does not :want the Board to end up approving a Chesapeake Bay Preservation. Area Ordinance in December, 2003 .because it has to be .adopted by state law when it has not received adequate attention.. Mr. Hartley stated it is his goal to have a draft zoning ordinance, with maps, ready by the end of June, 2003 for public hearing at the Planning Commission meeting.. Supervisor Bradshaw-.requested Mr. Hartley notify the Board thirty (30) days in advance should .his goal change. Supervisor Clark moved the Board table the matter and authorize Mr Hartley to proceed with the timeline of a June,. 2003. delivery. of the Zoning Ordinance to the Planning .Commission,. with maps, and that the noted revisions to the Chesapeake Bay Preservation Area Ordinance be presented to the Board at its. July 17, -2003 meeting, as outlined, .and that public comment be obtained by County staff The motion was adopted by a -vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion, and no Supervisors voting against the motion. Regarding comments made by Deborah Jones Elliott of Central Hi11 at the Board's .February 10, 2003 meeting relative to an Isle of Wight County WAVE, Supervisor Claud moved the Board direct staff to obtain additional . information with respect to how much land is needed for. the proposed July, 2003 event; if. the event would. be in conflict with the construction of the Administration Building;: and, that the Courrty Attorney review the request. .~ 14 _. eeor , 21~::~50fi The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion, and no Supervisors voting against the motion, Chairman MacManus read a Press Release on the Federal Livestock Compensation .Program in which the County is announcing its- inclusion in the provisions of the Agricultural Assistance Act of 2003. He noted .that the County has been designated as a primary disaster area eligible for assistance through the expanded Livestock Compensation. Program (LCP). He stated sign up for LCP begins April: 1, 2003 and ends early June, 2003. He stated livestock owners in the County should contact the local FSA office or USDA service .center. He extended the Board's appreciation to Congressman .Randy Forbes and his staff for their assistance in this matter. !/ Chairman MacManus called for New Business. County Attorney Stroman requested the. Board approve the proffer deed of trust .and note for property owned by Moms A. Rhodes on Ballard Road, which was previously conditionally rezoned. Supervisor Bradshaw moved the Board approve the deed of trust and note for property owned by Morris A. Rhodes on Ballard Road. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion, and: no Supervisors voting against the motion., Supervisor Claud moved the Board direct staff to assemble data and report back to the Board at its April 3, ..2003 meeting regarding the County's past efforts with educating the public about mosquitoes and what citizens can do to protect. themselves. Staff should also have a recommendation to the Board on haw this information can be distributed to the public at that meeting. The motion was adopted by a :vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud .voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved. that the Board direct staff. to review the "Growth Committee" recommendation presented by the Isle of Wight Citizens- Association and present a recommendation to the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no .Supervisors voting against the motion. Supervisor Bradshaw noted for the Board's information that VDOT has agreed to replace the spillway at the dam on Ballard Road. 15 R eoor~ , 21-~.~ ~G? ..Supervisor Bradshaw noted he would like to .meet with the County Administrator to make recommendations on a suggested format for .the Action Report.. Supervisor Claud moved .that the Board direct staff to ' gather information -from neighboring localhies on shipping containers to protect the County from potentially becoming a storage area for hazardous waste items. and that staffwork with the HRPDC to determine the best way of addressing the .matter. The .motion was adopted by a ,vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting againstthe- motion. With regard to the Farmland Trust presentation earlier in the meeting, Chairman MacManus inquired.if any Board member had any comments.. Supervisor Bradshaw suggested that the County Administrator review the available resources of staff Patrick J. Small, Director of Economic Development, noted the establishment of a trust is an element of the Board's Strategic Plan which is due in December, 2003 which .will be done by his Department, as the responsible agency. li Chairman MacManus called for Appointments. Supervisor Claud moved the Board reappoint Richard J. Holland, Jr., representing the ~ Town of Windsor, on the Industrial Development Authority. The motion was adopted unanimously (5-0). Supervisor Claud -moved the Board accept the resignation of Trey Gwaltney on -the Boykins -Tavern .Advisory Committee. The motion was adopted unanimously (5-0). ,Diane W. Howard, Director of Tourism, advised she would have a recommendation for committee representatives for the Newport and Carrsvitle Districts for the Board at its Apri13, 2003 meting. .Supervisor Bradshaw. moved the Board reappoint Don Rosie, representing the Carrsville District, on -.the Planning Commission. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved .the Board appoint Hazel Edwards to fill the unexpired term of Dr. lames Key, III on the southeastern Tidewater . Opportunity Project. The motion was adopted unanimously (S-0). ~, 16 ~, Chairman MacManus moved the Board reappoint Lawrence Pitt, representing the Smithfield District, on the Planning Commission. The motion was adopted unanimously (S-0), Regarding the Transportation Safety Committee, Supervisor Claud requested that Mr. Robertson verify the district in which Ronald W. Garrett lives. // County Attorney Stroman requested a closed meeting under_Section 2.2-3711.A.7 concerning consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel; under Section 2.2-3711.A.3 concerning the .possible acquisition of private property for a public purpose; under Section. 2.2-371I.A.1 concerning discussion of a personnel. performance and evaluation; and, under Section 2.2-3711.A.6 concerning the investment of public funds where competition or bargaining is involved and, if made public, would jeopardize the financial interest of the County. Supervisor Bradshaw .moved the Board enter closed session for the reasons stated. The motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion, and no Supervisors voting .against the motion. Supervisor Bradshaw moved the Board reconvene to open session. The motion was. adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw,- Clark and .Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Claud moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board.. of Supervisors that such closed meeting was. conducted in conformity with Virginia law; NOW, THEREFORE, BE TI' RESOLV>~D that the Board of Supervisors hereby certifies .that, to the .best of each members .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 17 _ ~ ~~ ~ y~..~; ~~riJ in the motion convening. the closed meeting were heard, discussed ~ considered by the Board of Supervisors. VOTE . AYES: MacManus, Bradby; Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 . ABSENT DURING MEETING: 0 .Supervisor Clark moved the Board approve. the written recommendations of the Emergency Communications CenterBoard of Directors and authorize staff to prepare an RFP. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark -and Claud voting in favor of the motion,. and no Supervisors voting against the motion. Supervisor Claud moved the Board .table .the claim submitted until the Board's April 3, 2003 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting. in favor of the motion, and no Supervisors voting against the motion.: - , // Supervisor Bradshaw moved the Board change the time. of its Apri13, 2003 meeting from 2:00 pm. to 4:00 p.m. The motion was adopted by a vote. of (S-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and. no Supervisors voting against the motion. . // At 9:30 p.m., Supervisor- Clark moved .the Board continue its .meeting until Monday, March 1?, 2003 at 6:00 p.m. at Angelo's Seafood and Steak House in Smithfield for-the purpose of conducting a joint meeting with the School Board. The motion was adopted unanimously (5-0). i W. j ~~Ii~~ Richard K. MacManus, Chairman. 18 ~.