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06-05-2003 Regular Meeting~ea~ 2Z -r~-640 REGULAR MEETING OF THE .ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF ~ IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richazd K. MacManus, Chairman Stan D. Clark, Vice-Chainman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources . Cazey Mills Storm, Recording Secretary Chairman MacManus called themeeting. to order at 2:04 p.m. ~s // Supervisor Clark delivered the invocation. /I The Pledge of Allegiance was conducted. 1/ Chairman MacManus called. for. approval of the agenda. County Attorney Stroman requested that four (4) addititmal items be added to Item (17), Closed Session, under Section 2.2-37II.A.? of the Freedom of Information Act regazding potential litigation and receipt of legal advice and that Item (13.E} Resolution to Amend the County Central Purchasing Policy, listed under the County Administrator's section, ..remain on the .agenda, but would be .only for the Board's consideration and discussion and brought back to the Boazd at its June l9, 2003 meeting for action. Chairman MacManus requested that a matter be added to Item (17), Closed Session, under Section 2.2-3711.A.1 of the Freedom of Information Act concerning a personnel matter and under Section 2.2-371 .A.7 concerning a potential litigation. matter. Supervisor .Bradshaw .moved the Boazd approve .the Agenda, as amended.. -The .motion was adopted (5-0) with Supervisors MacManus, I n +1 ~os~ ~ 2~. =,::~6~1 Bradby, Bradshaw, Clark and. Claud voting in favor of the motion, .and no Supervisors voting against the motion. !/ Chairman MacManus called for Special Presentations. . Employee Service Awards were presented to the following individuals for five (5) .years of service: Julie Boswell; Jonathan Hartley; Linda Hill; ..Kimberly Krinski; Cherie Wells; Shaun Jordan; Burdette Lawrence; and, Gayla Phillips. Employee Service Awards were-presented to the following individuals for ten (10) years of service: Raymond Askew; William Blair; Diane Howard;. Erma Stephenson; Gary Herrmann; and, Cynthia Wellman. Employee Service Awards were presented to the following individuals for fifteen (l 5) years of service:.. W. Douglas Casket'; Barbara Chappell; Benjamin Faltz; and, Ronald Edwards. An Employee Service Award .was presented to Zenobia Williams for twenty (20) years- of service. C. Jones Hooks and Don Jellig of the .Hampton Roads Economic Development Alliance (HREDA) briefed the Board. relative to ongoing HREDA activities. Sheri~C. W. Phelps requested the Board's approval for him to submit a "Cops in Schools" grant application for federal funding for two (2) additional School Resource Officers. He noted that such grant would obligate the County to locally fund the two (2) positions in the fourth year of the program at an estimated cost of $75,000.. i~ Supervisor Clark moved that the Board. consider. -the request under New Business. The motion was adopted unanimously (5-0). Skip James, Charter Communications, briefed the Board on the status of the cable television .operations within the County. // Chairman MacManus indicated the Consent Agenda (Item 2) included the following items:. A. Notice of Intended Regulatory Action on Ragged Island Creek ...Exceptional Waterway B. DEQ/Public Notices for S/5/03 and 5/19/03 i 2 zo~+'. 21 ~~ :-642 t C. County Radio System Improvements D. Action List Status Update. E. Real Estate Assessment Data on the Website F. Administration Building Construction and Renovation Progt+ess Report G. Evaluation of the Feasibility to Conduct a Study to Market the 460 Corridor for a Major Tourist Attraction H. Corrective Action Plan Status Report - FY2002 Audit L Tracking of Cash Proffers J. Resolution to Appropriate Funding from .the Unappropriated Fund Balance for the VDOT Revenue Sharing Program K. Resolution to Accept and Appropriate $6,756 from the State Department of Emergency Management for the EMA Program L. Resolution to Authorize Submission of a Grant Application and - to Accept and .Appropriate Funding. for. the Right Choices for Youth Initiative Seed Grant Program M. Transportation Enhancement.. (TEA-2l) Grant Funds/Josiah Parker Family Cemetery Project N, May 1, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal: Supervisor Claud moved .the Board remove Items (E), Reat Estate Assessment. Data on the Website, and Item (H), Corrective Action Plan. Status Report-FY2002 Audit, as requested by Chairman MacManus, for further discussion by the Board 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. Regarding Item (E}, real estate assessment data on the .Website, Supervisor Claud requested that the instructions be expanded to .include "use all capitals" and to designate the abbreviations for streets and .drives. Supervisor Claud requested that staff add additional explanation to the instructions so as to facilitate public access, and moved the Board accept the 3 R "i eunK 21.E ~~ 643 report. The motion was adopted by a .vote of (5-0) with Supervisors Maclylanus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the- motion. Regarding Item (H), Corrective Action Plan Status Report for the FY2002 Audit, Chairman MacManus .stated he does not .find some of the comments provided by the Treasurer acceptable and he is not in favor of sending this report, as written, .representing the County's official feedback to the auditors. Supervisor Bradshaw. moved the Board direct staB'to revise the report .that- is presented to the: auditors with regards to the Corrective Action Plan. . Any comments. submitted by the Treasurer, staff is to remove, and state in the cover letter to the auditor that the. Board is not supporting:any comments made by the Treasurer with regards to any of the corrective action steps, and that the Treasurer's comments are attached. 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. Chairman. MacManus reported that the Hampton Roads Partnership did not hold a meeting this month.- Chairman MacManus reported that activity is .increasing for the Hampton Roads Economic Development Alliance, however, it is slow: Chairman MacManus .stated that the Mayors and Chairs Caucus did not hold a meeting in May. Chairman. MacManus reported that he did not attend this month's . Southside Mayors .and Chairs meeting as it was in conflict with the VACo Steering Committee meeting. .Regarding the Southeastern Public Service Authority, Chairman MacManus reported that County waste currently for- the year is at a 4.2% increase, though the landfill is continuing to receive .less- waste than last year, curbside recycling in the .County is at 3?%; a tip fee of $49 was approved by the SPSA Board for FY03-04, at a significant reduction; and, the Operating Budget. was approved in the amount of $72,000,000 and -the Capital Budget was approved in the amount of $18,000,000. Chairman MacManus .reported that the Intergovernmental Relations Committee-held no meeting in May. :~ 4 ~. ~s~ 21 ~r rS~4 Supervisor Claud reported that the. 2026 Transportation Plan .was discussed during the Hampton Roads Planning. District Commission meeting. Supervisor Claud reported.. the Western Tidewater Water .Authority discussed an Amendment to the Water Agreement that the County has .with the City of Suffolk. at its .meeting held on June 2, 2003. Supervisor. Claud reported that the Coalition of High Growth Communities have scheduled a meeting for June 26, .2003.. He requested that Board members interested in attending advise Mr. Hartley so that he can make the necessary travel arrangements. .Supervisor Claud further reported .that he had attended the May 19, 2003 meeting of the Commission on Growth and Economic .Development Subcommittee that was appointed by the. General Assembly in February, 2003 regarding adequate public facilities. He stated one (1) issue yet resolved is the allocation of additional funds to continue the meetings. He further stated that State staff has been asked to list the. issues in writing that need to be addressed by an :Adequate Public Facilities Ordinance and timetables needed so that a report can be made back prior to the- beginning of the General Assembly session. Supervisor Clark reported only routine business was discussed at this month's Western Tidewater Regional Jail meeting. Supervisor Clark .further. reported that he had attended the Transportation Committee meeting in Richmond and expressed his displeasure .over VDOT's continuing reluctance to assist the County with outfall ditches. .~ Supervisor .Bradshaw reported that the International Paper Advisory Council did not hold a meeting this month. He further reported that he has been asked by International Paper to serve on a newly formed committee that has been established to work in -conjunction. with the Environmental Protection Agency to improve the. environmental quality of life for the area. He stated he -would provide the Board with additional information, as it becomes available. Regarding the Virginia Association of CountiesBoard of Directors, Supervisor Bradshaw reported that the County Administrator recently mailed out a regional letter from him, with copies also mailed to the Board,. regarding statewide. items. He stated that the Finance Committee is moving forward with 50/40/10 revenue sharing agreement and income distribution for this corning year. He further stated that VACo has also: appointed him to a Certification Committee whereby a certification program is being established for all Boards of Supervisors throughout the State. 5 x Bo~K ~2~. ~~~:645 . ii Chairman MacManus called for Transportation Matters,. James A. Randolph, Planner, reported that the Route 260 dedication ceremony is scheduled for June 10, 2003 at 10:00 a.m. at the project site.. He recommended that. the Board adopt the five (5) proposed resolutions that establish the name of the highway and the dedication for each of the four (4) bridges located along the project. Supervisor. Bradshaw moved the Board adopt the following five (5) .proposed resolutions and allocate $3,500 from the contingency reserve for the Route 260 dedication ceremony: RESOLUTION OF SUPPORT CAMP FAMII,Y HIGHWAY WHEREAS, Isle of .Wight County is desirous of having: the Commonwealth Transportation Board name the Route 260 Connector, Camp Family Highway; and, WHEREAS, the Camp Family has long been a family of influence and prestige in the community; and, WHEREAS, the Camp Family... supports the economic and cultural development of the community; and, WHEREAS, the Camp Family continues to contribute endlessly to the successful growth and progress of Isle of Wight County. NOW,. THEREFORE BE IT RESOLVED by the Isle of -Wight .County Board of Supervisors that we respectfully request the Commonwealth Transportation- Boazd to endorse. the name "Camp Family Highway" for the Route 260 Connector: RESOLUTION OF SUPPORT ANTHONY S. KING & EDNA RIDLEY KING COMMEMORATIVE BRIDGE WHEREAS, the Route 260 Connector Road contains Bridge Number 624 which is unnamed; and WHEREAS, Mrs. Edna Ridley King has served as an educator, Chairperson of the Isle of Wight County Planning Commission, member. of -the Democratic Activity .Committee, -and currently serves on -the . Franklin/Southampton .Charities Board, Southampton Memorial Hospital Board and is a member of the St. Jude's Catholic Church of Franklin; and, _.~ 6 eoe~ 21:N~j646 WHEREAS, Mr. Anthony S. King has served on the Isle of Wight County Board of Zoning Appeals, .member of the Democratic Activity Committee, Charter Grand Knight of the Knights of Columbus, member of St. Jude's Catholic Church of Franklin, and serves on the Board of Directors for the Boys and Girls Club; and, WHEREAS, .together the commitment of Anthony & Edna King has long influenced the balanced and progressive- development of Isle of Wight County and all communities in which they grace. NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that we dedicate Bridge Number 624 on the Route 264 Connector as the "Anthony S. King & Edna Ridley King Commemorative Bridge". BE Tf FURTHER RESOLVED that the Isle of Wight County Board of Supervisors -will supply funds for the fabrication and installation of these signs and hereby encourages the Commonwealth Transportation Board to endorse this requestas presented. RESOLUTION OF SUPPORT B.F. DIXON MEMORIAL BRIDGE WHEREAS, the Route 260 Connector Road contains Bridge Number 623 which is unnamed; .and,. WHEREAS, Benjamin Franklin Dixon served as .Sheriff of Isle of Wight .County .from 1966 through 1987 and committed his life to public service; and, WHEREAS, Mr. B. F. Dixon was a member of the Ruritan Club of . Carrsville, an original member of the Carrsville Volunteer Fire Department, avid fisherman; and, WHEREAS, Mr: B.F. Dixon was committed to family, honor, integrity and community. NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that we dedicate Bridge Number 623 on the.Route 260 .Connector as the "B.F. Dixon Memorial. Bridge". BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors .will supply funds. for the fabrication and installation of these . signs. and hereby encourages the Commonwealth Transportation- Board to endorse .this request as presented. 7 ~n~~ ~ 21=r:~64? RESOLUTION OF SUPPORT J. NELSON CARR MEMORIAL BRIDGE WHEREAS, the Route 260 Connector Road contains Bridge Number 622 which is unnamed; and- WHEREAS, John.Nelson Carr served in the Carrsville Volunteer Fire Department for thirty years, with twenty-two years of outstanding service as Fire Chief; and, WHEREAS, Mr. J. Nelson Carr was an instrumental citizen in enhancing the. equipment and capacity of the Carrsville Volunteer Fire Department; and, WHEREAS, Mr. J. Nelson Carr committed himself to the service of others in times of crisis, a man. of outstanding. character, highly respected by all, with a dedication to family, duty, service and community. NOW, .THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that we dedicate Bridge Number 622 on the Route 260 Connector as the "J. Nelson Carr Memorial Bridge". BE Tf FURTHER RESOLVED that the Isle of Wight County Board of Supervisors will supply funds for... the fabrication and installation of these signs and hereby encourages the Commonwealth Transportation Board to endorse this request as presented... RESOLUTION OF SUPPORT JOEL C. BRADSHAW, JR. MEMORIAL BRIDGE WHEREAS, the .Route 260 Connector Road contains Bridge Number 621. which is unnamed; and, WHEREAS, Joel C. Bradshaw, Jr. served on the Isle of Wight County Board of Supervisors for eighteen years and was a charter member of the Isle of Wight County Planning .Commission; and, WHEREAS, Mr. Joel C. Bradshaw, , Jr. was a founding member of the Carrsville Volunteer :Fire Station, an election otI'icer for the Catrsville Precinct, member of the Council of the Boy Scouts of America, a lifetime member of the Raritan Club of Carrsville, and .served on the Board of Directors. for the Southampton Memorial Hospital; and, WHEREAS, Mr. Joel C. Bradshaw, Jr. dedicated his life to helping " others through community service, and is held. in high esteem by ail. who knew him for his understanding, sincerity and devotion to the community. :~ 8 eoo+~ 21 ~~~t648 NOW, THEREFORE BE Tr RESOLVED by the Isle of Wight County Board of Supervisors that we dedicate Bridge Number 621: on the Route 260 Connector as the "Joel C. Bradshaw, Jr. Memorial Bridge". BE IT FURTHER RESOLVED that the Isle of Wight County Board of .Supervisors will supply funds for the fabrication and. installation of these signs and hereby encourages the Commonwealth Transportation Board to endorse this request as presented. The motion was adopted (5-4) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion, and no Supervisors. voting against the motion. Supervisor Bradby requested staff take appropriate action to have the .pothole at the second driveway on Route 624 at the Rushmere Volunteer .Fire Station repaired. He further requested that the cedar tree be removed at the second driveway -off of Track Lane. Supervisor Bradshaw requested that a meeting be set up on-site to include himself, Mr. Randolph, Earl Jones of Rattlesnake Trail- and VDOT representatives to discuss what can be done to Rattlesnake Trail with respect to drainage easements. // Chairman MacManus called for Citizens Comments. Grace Keen thanked the Board for sending information pertaining to the Homestead Conference and inquired if VACo makes a profit as a result of such. conferences: Chairman. MacManus advised that VACo is not. a business for. profit and. exists .only to serve localities. He-noted any money earned that exceeds expenses incurred by VACo is returned to ot~set expenses to localities. Supervisor. Bradshaw advised that, as a member of -the. Executive Committee, VACo has operated at a loss for the past two (2) years, and have elected not to increase the dues localities are required to pay. He suggested that Mrs. Keen direct .her questions to Jim Campbell, VACo's Executive Director. 1i Chairman MacManus called for the County Attorney's report. R eo~~ 21~ rH ~ 649 ,County Attorney ~ Stroman presented an agreement for water connection for Section .Four of the Smithfield Heights Subdivision. He requested the. Board authorize the Chairman to enter into the agreement. Supervisor Claud. moved the Board authorize the Chairman to execute - the Agreement on behalf of the County. The motion was adopted (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor - of the motion, and no Supervisors voting against the motion. County Attorney. Stroman advised the Board that .the Directors -of Economic Development and Planning and Zoning continue to work on a memorandum with respect to site plan review. He stated he is -also. continuing with the necessary legal research and he would recommend that the Board-table consideration,of this matter until the Board's July 3, 2003 meeting to allow the necessary time to have this work completed and ready for presentation to the Board. Supervisor Clark moved the Board table the matter until .the Board's July 3, 2003 meeting to allow the County Attorney to meet with the Director of Planning and Zoning and the Economic Development .Director.. The .motion was adopted (5-0) 'with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the. motion. County Attorney Stroman presented an Amendment Number (1) to the Agreement between the Western Tidewater .Water Authority, the City of Suffolk and the County of Isle of Wight which extends the existing agreement for water purchases for the County for one (l) year.. He recommended that the. Board authorize the Chairman to execute the Agreement on behalf of the County. Chairman MacManus Hated that the Town of Smithfield has indicated .that the Town might need more :than 100,000 gallons to recover the water being sold to the County by Smithfield.. County Attorney Stroman clarified that should the Town of Smithfield need more -than 100,000 gallons of .water per day, the Agreement indicates an annual average and, therefore, .does reflect some flexibility in the usage for the Town.. Chairman MacManus noted the Board could proceed with approving the Agreement, and should the -Town need additional water, the -Board could approach the Western Tidewater Water Authority to raise the limit. County Attorney Stroman advised that the City of Suffolk has .already approved the Agreement,. and it would be appropriate for the Board to approve the Agreement and to revisit this issue as necessary. I0 .~ eVQ11 21 .~':-650 Supervisor Claud moved the Board authorize the Chairmazi to ~acecute the Agreement on behalf of the :County. -The .motion was adopted (4-0) with Supervisors MacManus, Bradby, Ciark and Claud voting in favor of the motion; no Supervisors .voting against the motion; and, Supervisor Bradshaw absent for the vote. County Attorney Stroman stated he has been informed that there -will be a number of suggested changes to the Utilities. Agreement between Isle of Wight County and the Town of Smithfield. Chairman MacManus advised that the Smithfield Town Council, at its most .recent.. meeting, made a motion to have the Intergovernmental Committee address the issue of the utilities agreement .with .the following instructions: 1) the price of water being .purchased by the County at the same price as the water is being sold, and that. by Town Ordinance, that $1.65 is the lowest amount;. 2) that the current surcharge for the sewage was to be maintained; 3) and, that it be for a five (5) year period. He stated the Town Council indicated that whatever is sold to the County price-wise would. be the price the Town -w©uld buy from. the County, in the amount sold to the County, and after that the Town would pay the price the County has. to pay to the Western Tidewater Authority. He stated as to the price the County sells and buys, that can be negotiated, but he believes it would. be in the County's best interest to be at $1.65. Supervisor Claud noted he would like documentation from the Town on Smithfield with respect to the sewer surcharge. He further noted he believes this should not be continued,. beyond the five (5) year period; as included in the Annexation Agreement,. to recover capital costs. Supervisor Bradshaw stated that the County has administrative costs to recover, -and. if the County intends to negotiate with another entity, then it should. be based on customer rates, with. no exceptions.. He requested the Director of Public Utilities prepare a cost comparison illustrating the County would not. be losing. money.. Chairman MacManus moved that the Board .members of the .Intergovernmental .Committee (MacManus and Claud) be authorized to meet with representatives of the Town of Smithfield to negotiate the water agreement taking into consideration the comments offered above by the Board, and mat the Director of Public Utilities be directed to prepare a cost comparison that factors in administrative costs. The motion was adopted (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. i Supervisor Bradshaw moved the Board table .consideration- of the current Utilities Agreement dntil the Board's July 3, 2003 meeting. The motion. was adopted (5-U) with Supervisors MacManus, Bradby, Bradshaw, I1 _t~ eooN : 21=~~ 651 Clark and Claud voting in .favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman noted that he would be requesting a closed session under Section 2.2-3711.A.7 concerning consultation with legal counsel and briefings by staff members pertaining- to actual or probable litigation where the briefing in open meeting would adversely affect the negotiating or litigating posture of the...-public body, and consultation regarding specific legal-matters requiring the. provision oflegal-advice. // Chairman MacManus called for the Community Development Report. Mr.. Randolph stated pursuant to the Board's direction, staff prepared a drainage maintenance report and presented it to the Planning Commission for its recommendation. He stated -the Planning Commission recommended rather .that staff begin developing a comprehensive drainage policy and Prol~• County Attorney Stroman noted that the Planning Commission currently has other projects they would like to address first, specifically the Zoning Ordinance. Supervisor Clark noted that the driveway of a homeowner in Cannon Acres is about to crumble, and he would like to -staff to advise the Board if there are others of a critical nature where there might be property damage or loss of property if the County waits to act on these. Supervisor Clark requested that Mr. Hartley .investigate and report- back to the- Board on any other County-owned urgent need drainage easements. Supervisor Claud- recommended that when staff establishes a priority list of projects, that a dollar figure. be set as part of the draft policy program so that when that amount is spent. in a particular fiscal year, no .additional work is done. Supervisor Bradshaw moved that the- Board direct staff to establish a priority list of projects with justification for review and approval by the Board at a later meeting and .that $10,000 be allocated from the contingency fund to be set aside as a reserve for the drainage easement program. The motion was adopted (S-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 the County Administrator to include in the County's Strategic Plan the drainage ., :~ 12 ~, eaa~ 21 r~f:~652 easement comprehensive program. The motion was adopted ' (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 reminded staff that it was in the. process of obtaining prices to correct the .drainage. easement at Cannon Acres -and was -going to share-such information with the Board. Jonathan W. Hartley, Director of Planning and Zoning, stated for the Board's information are. the Planning Commission's comments pertaining to the Zooms site plan for Eagle Harbor. Mr. Hartley stated for the Board's information is .the Planning Commission's comments pertaining to the Williams Auto Mart site plan. MacManus noted that fifteen (15) feet is too high for signage. He stated he would rather see a-seven (7) foot. sign with less landscaping and he would be keeping this in mind- while. the Zoning Ordinance is being revised. // Chairman MacManus called forethe-Parks and Recreation Report.. There was no report offered for discussion by the Board. // Chairman MacManus called for the .Public Utilities report. E. Wayne Rountree,. P,E., Director of Public Utilities, presented the rates and connection. fees required to become a self sustaining utility operation. , Supervisor Claud moved the Board table consideration of the rates until the July 3, 2003 meeting; that the Director of Public Utilities forward to the Board information pertaining to the implementation date of the: last water and sewer increase; and, that he also provide. the Board with additional information on neighboring communities and their current rates. The motion was adopted- (4-0) with Supervisors MacManus, Bradby, Bradshaw, and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. !f Chairman MacManus called .for the Economic Development report. There was no report offered for discussion by the Board. 13 .~ so~K 21:.~ :653 n Chairman MacManus called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented a request from the. contractor of the Carrollton -Fire Station expansion and .renovation to reduce the fees to that level before January 1, 2003. He stated the contract amount does not allow for any change orders that may arise he would recommend that those .fees be waived so that the funding would be available should minor change ordersarise in the current budget. He stated the Director of Public Utilities does not support this. request. Supervisor Claud moved that the Board direct staff to prepare a contract amendment that would have the County receive .the old .payments at this time with consideration of waiving the differential at the end of the contract, .depending upon the performance. The motion was adopted (S-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 the County Administrator's report. County Administrator Caskey noted that contained in the agenda is the 2026 Long-Range Transportation Plan as recommended by the Chief Administrative Officers of the Hampton Roads Planning .District Commission Supervisor Clark requested that a toll on the Monitor Merrimac Bridge be included. Supervisor Claud moved the Board endorse the Chief Administrative Officers' recommendation of an endorsement by the MPO of a package that meets air quality conformity and fiscal constraints, and that consideration be given to a doll being added on the Monitor Merrimac Bridge. The motion was adopted (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' requested a request for HOME funds to serve as down payment assistance to an applicant. He stated staff recommends the Board authorize .staff to process an .application to provide - such down payment assistance. Supervisor Bradshaw moved the Board authorize staff to process the application. and provide down payment assistance.. The .motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. .~ 14 ~, ~eA~ 21 '~ -fi54 u Supervisor Bradshaw moved the Board consider the request.. of ..the Sheriff made during Special Presentations. The motion was adopted unanimously (5-0)- ..Sheriff Phelps requested permission- to proceed with a grant application for federal .funding for two (Z) additional School Resource O#Bcers which, would obligate the County to locally fund the two (2) positions in the fourth year ofthe-program at an estimated cost of $75,000. Supervisor Clark moved the Board authorize approval of the grant for one (1) School Resource School Officer with the funding for the fourth .year. to be paid by County funds at approximately $35,000 to .:$38,000. The. motion was adopted (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 return to the continuation of the County Administrator's report. The motion was adopted unanimously (5-0). County Administrator Caskey noted the information contained in the agenda represents work completed to date on the Isle of With County .Policy Manual. He requested.. Board members contact Ms. Svertson .with their individual comments or questions. Supervisor Bradshaw recommended that.. established safety policies and procedures be incorporated into the Manual. County Administrator Caskey presented the Resolution. to Establish a Policy for County Fixed Assets and recommended -the Board's approval. Supervisor Claud moved. the Board adopt the following Resolution: RESOLUTION TO ESTABLISH A POLICY FOR COUNTY. FIXED ASSETS WHEREAS, the Isle of Wight County Board of Supervisors has recognized the need to establish a policy to govern the recordation,.tracking,. depreciation and overall management of County assets to enhance operations and promote proper :accounting and reporting of assets. acquired by the County government; and, WHEREAS, the following. policy to govern fixed asset management is necessary to incorporate recommended :practices for the recordation, 15 R ~U~t 2~ . -655 tracking, .depreciation and overall management of assets acquired by the .County. NOW,. THEREFORE, BE IT -AND TT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that Fixed Asset Policy be adopted to read as follows: FIXED ASSETS Section 7.0 Introduction and Puraose The County's property. control program is structured to serve several functions. It is a perpetual inventory: system which provides County officials with information required to control the use and location of County property, determine replacement schedules, .serves as a basis to determine property to be covered. far insurance purposes, and provides information for the County's financial records. It is the responsibility of each department to ensure that all property and equipment -under their control is properly accounted for in the County's Fixed Asset listing. The department director controlling the asset shall be responsible for securing personal property assigned to their department and may- be .held personally .responsible for any lost or missing County assets. Section 7.1 Definition of Fixed Assets: a Capitalizable Fixed Assets: A capitalizable fixed asset. shall be defined as any asset or group of assets acquired by .the County that has a useful life in excess of two years and a fair market value or acquisition cost of at least $5,000.00 when received.. Examples .include land, buildings, easements, vehicles, machinery, etc. Specific determinations shall be referred. to the Budget and Finance. Department. b. Controllable Fixed Assets- •1 A controllable fixed asset shall be defined as an asset ac wired b Y q Y the County requiring tracking and security from theft with a useful life of less than two years and a fair market value or acquisition cost of less than $5,000.00 when received.: Examples include .. lb ~. P eo4~ 2i ~~.~656 computers, cellular phones,. radios, weapons, cameras, video equipment, and power .tools. Specific. determinations .relating to the categorization of specific items shall be refened to the Budget and Finance Department. Section 7.Z Controllable Assets: Controllable assets aze not subject to depreciation and are expensed in the fiscal period acquired. Controllable assets are typically sensitive in nature and aze easily converted. to cash.. These assets may be required to have an inventory control sticker .and shall. be listed in the County's controllable fixed asset listing. Controllable assets shall be secured in a A manner. dependent on its operational use and /or susceptibility.. to loss or theft.. Specific determinations relating to .the categorization of specific • items shall be referred to the Budget and Finance Department. Section 7.3 Valuation a. Valuation of Fixed Assets Valuation of fixed .:assets will be at original cost, which includes list price, minus .any cash discounts plus shipping and installation costs. (For example, list .price of $8,500 less 10% cash discount plus $50 shipping. and. installation = $7,700 fixed asset value.} Valuation of a donated asset shall be the fair market value of the asset at the date of acquisition. b. Valuation of Group Assets Group assets aze .those assets which individually are less than the capitalizable threshold but collectively value above said threshold. The .following two criteria shall be used in making such a .determination: 1. The expected economic useful .service life of the entire group. of assets and;. 2. The materiality of the .total purchase price or acquisition cost of the group of assets involved. 1? ri t eflea 21 rM~r 657 Valuation of group assets will be made on a case-by-case basis at the. discretion of Finance Director upon approval by the County Administrator. Section 7.4 Depreciation Fixed Assets can be depreciable or non-depreciable. Land is not subject to depreciation.. The straight-line. depreciation method shall be used on all depreciable fixed assets according to generally accepted accounting principles.. A composite .life table developed by American Appraisal Associates shall be -used as the basis in the determination of an asset's useful life. The useful life of a particular. asset may be adjusted based on the County's experieince as deemed appropriate. AMERICAN APP RAISAL CO MPOSITE ASSET LIFE TABLE ASSET LIFE ASSET LIFE ASSET CLASSIFICATION EARS ASSET CLASSIFICATION RS Athletic E ui merit 10 Grounds/A ricuRural E ui merit 15 A liances/Food Service E ui merit 15 Lab/Science/En ineerin E ui ent 10 Audio Visual E tai merit 10 Land N/A Books Muni Media Materials 5 Land Im rovements 20 Business MaGrines 10 Law Enforcement E ui M 10 Communications E ui merit 10 Licensed Vehicles -General 8 Com uter Software 5 Licensed Vehicles -Law Enforcement 5 Contractors/Construction E ui merit 10 Machine and Tools 15 Com uterE ui merit 5 Musicallnstrurrients ~0 Com uters 5 Outdoor Recreation E ui eM 20 Monitors 5 Sta a and Auditorium 20 Printers 5 Buiklin "s 50 Fine Arts and Anf ues N/A Portable Classrooms 25 Fire De rtment E ui nt 12 CustodiaF E ui M 15 Fumitur+e and Accessories ~ ~ • rs Section 7.5 .Recording of Fixed Assets- All asset records shall be kept current.. Fixed assets shall be entered into the fixed asset accounting system on a monthly basis.. The acquiring department .shall complete a Fixed Asset Addition Form for all capitalizable and controllable assets acquired and, where appropriate, submit said form with the request for payment. to the Budget and :Finance Department for processing. The Budget and Finance Department shall process all Fixed Asset Addition Forms in a timely manner. Budget and Finance shall .review all charges to property line items (equipment,. vehicle, etc.) subsequent to each payable cycle and note any expenditures that meet the fixed asset 1~8 . ~.. ti, • r eo~~ 21 ~~-.658 .classification definitions above. This information shall be reconciled to the Fixed Asset Addition Forms submitted by Departments: Asset information will be entered to the fixed asset system monthly, Each captalizabte and controllable asset (where :appropriate) will be assigned a fixed asset number. These numbers. shall have corresponding: tags.. and shall be affixed to the assets. The Budget and Finance Department shall be responsible for issuing asset tag numbers and ensuring said tags.. are .initially affixed to the acquired property where applicable. Departments- shall be responsible for monitoring the property listing as provided by the Department of Budget and Finance .quarterly for accuracy. and completeness and for ensuring asset .tag numbers are attached to equipment where required. It is the department's responsibility to ensure that .fixed asset records remain current and accurate. Section 7.6 Placement Locations for Fixed Asset Tags To assist in locating property tags affixed to assets, tags shall be affixed in identical locations on similar items. Tags shall be placed on the front main body of the asset and should be clearly visible where ~ssble and in a location that is not subject to disturbance or dislocation. Section 7.7 Disposing of Fixed- Assets When a fixed .asset is no longer of use to a department or .becomes obsolete requiring disposal, a Fixed Asset Disposal Form shall be completed and forwarded to the Budget and Finance Department for asset transfer to another department or surplus processing. Section 7.8 Audit of Fixed Assets The inventory of fixed .assets shall be: subject to audit internally by the Budget and Finance Department- and externally by independent auditors hired for the annual fiscal year end audit. ,~ eooK 2~ .M_6~9 The motion was adopted (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 presented a proposed amendment to the County's Central Purchasing Policy for the Board's discussion. He noted that the County Attorney has indicated there are several items that need further addressing and this document will be presented to the Board at its meeting on June 19, 2003 in resolution form for the Board's consideration, Supervisor Bradshaw expressed a concern on the second. level. where anything, over $300 requires a. bid. He recommended that ,the Director of Budget and Finance .have leeway and that it be contingent -upon her approval, so as not: to make the document as restrictive. Supervisor Claud. moved that the Board table consideration of the document and that the County Attorney's proposed changes be forwarded to the Board for its consideration at its June 19, 2003 meeting. The motion was adopted (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 pursuant to Board action, it is time to begin giving consideration to the appointment and compensation rate for the County's Board of Assessors for the upcoming 2004 assessment. Supervisor Bradshaw moved that the Board establish a compensation rate of $75 per day for the Board of Assessors, and include compensation for mileage reimbursement. -The motion was adopted (S-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 appoint James Jones .(Walter's Highway), representing the Carrsville District, to serve on the Board of - Assessors for the 2004 Reassessment. The motion was adopted (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' informed the Board that VACo is requesting that county .governments provide to them by July 3, 2003 their legislative issues. He stated included in the agenda are the Board's 2003 legislative .priorities. Supervisor Bradshaw recommended that stab advise that the cigarette tax is a priority legislative item for the County, as well as the four (4) high growth issues listed the previous year- and the issue of equal taxing authority. 20 ~, • a acaN 21 ~~s~660 Chairman MacManus recommended staff monitor what is done by the Hampton Roads Planning .District Commission (HRPDC) with respect to transportation. He recommended. that the County support the Department of Education's efforts .with regard to the new Standards of Quality (SOQs) provision proposed. Supervisor Bradshaw moved that the Board direct staff to draft a letter to VACo for consideration by the Board at its June 19, 2003 meeting based on the .above recommendations. The motion was adopted (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 further moved that the Board direct staff to begin developing a calendar to establish a date .for the .Board to meet with the County's legislative delegation in the Fall. The motion was adopted. (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 requested the Board's direction relative to a lobbyist, particularly with respect to the cigarette -enabl"ng legislation. Chairman MacManus recommended. that the County Administrator proceed with discussions with. the Board's lobbyist and, Supervisor Claud recommended that the County Administrator obtain a proposal from the .County's lobbyist for the Board to evaluate at a later date. // Chairman MacManus called for Old Business. County Administrator Caskey distributed a report on Isle of Wight County archeological assessments for the Board's information.. He advised that staff has. been. notified by the Department of Historic Resources of its willingness to fund their share of an archeological assessment for the-County at a cost of $.10,000. He stated staff would proceed with interacting with the two (2) surrounding towns to determine at what level. they may .want to participate financially. Supervisor Clark inquired abut the status of Merritts Cove. Mr. Hartley advised .that. he would contact VDOT again and reiterate hat there is water. standing on both sides of the road, and inquire about the. status of the merge lane. Supervisor Clark requested that Mr. Hartley take appropriate action to correct the drainage .culvert that has .collapsed on Oyster Road. He noted he would address this further with Mr. Hartley next week. 21 R BOON ~~ r~'~6~ Supervisor Clark requested that staff take appropriate action to have the sidewalks filled in and the .work completed in the Battery. Park community. // Chairman MacManus called far New Business. Anne F. Seward, Director of Budget and Finance, distributed the "Comparison Report of Local Governments Expenditures" to be utilized as a guide by the Board. Chairman MacManus inquired if the Board wished to be kept apprised of the information that . VACo receives with respect to the Southern States Growth Conference. .Supervisor Clark moved that the Board direct staff to contact Jim Campbelt and advise that the County wants input and advance knowledge of meetings so that.. the County -can have the opportunity to send Board members and staff The motion -was adopted (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 noted that the Virginia School Board. Association continues to not join forces with VML and. VACo in pushing for the full payment of SOQs funding and other issues. He recommended that the Board recommend to the School Board that it consider taking action to indicate its desire for the Virginia School Board Association to consider joining forces with all the other State agencies. Supervisor Bradshaw moved ~ the Board direct star to make a formal written request to the School .Board requesting their support in the Coalition and that the School Board also make a formal request to the School Board Association requesting it to become involved in the Coalition. The motion was- adopted (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 Appointments.- Supervisor Bradby moved the Board.. appoint Roger L. Easy, representing the Hardy District, to the Historical .Architectural Advisory Committee. The motion was adopted unanimously (S-0}. ::.~ 22 - ~. eooN 21;«L~ 6fi2 Supervisor Bradshaw .moved that the Board direct staff to solicit an appropriate County community representative . on the Western Tidewater Disability Services Board. The motion was adopted unanimously (5-0). // County Attorney Stroman requested a closed session under Section 2.2-3711.A.7 concerning eight. (8) matters pertaining to consultation with legal counsel and briefings by staff members pertaining to .actual or probable litigation where .the briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; under Section 2.2- 3711.A.7 concerning. consultation regarding specific legal matters requiring the provision of legal advice; and, under Section 2.2-3711.A.1 concerning a personnel .matter. ,, i i Supervisor Bradshaw moved the Board enter closed. session for the reasons. stated. The. motion was adopted (5-0) .with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board-return to open session. The .motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, .Supervisor. Bradshaw, who -left the meeting during closed session. and did not return. 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 die . provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Cade of Virginia requires a certification by this Board of Supervisors that such closed meeting .was conducted. in conformity with Virginia laver, 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 23 .•. w < at.~ ~ ~ . . e~Ar . 21.E r 663 . AYES: MacManus, Bradby, Clark and Claud NAYS: 0 ABSENT DURING VOTE: I ABSENT DURING MEETING: 0 Supervisor Clark- moved that the Board authorize the County Attorney to enter into settlement negotiations with AES within the limits discussed°in closed session. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark ~ and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. . ~ Supervisor Claud moved that the Board conclude the. negotiations discussed in closed session concerning acquisition of fees, right-of--ways and easements; that the County Attorney be authorized to do all things necessary to close the transaction or to proceed with. condemnation if the transaction is _ not closed within a reasonable period of time; and, that the Chairman be authorized to execute any other right-of-ways and easements that may be necessary as: a result of the County's acquisition. The motion was adopted _ (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. ~ . Supervisor Clark moved that "the Board authorize the County Attorney ° to engage in settlement negotiations concerning the Yellow Rock Road matter. The motion was~adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors. voting against .the motion; and, Supervisor Bradshaw absent for the vote. t // At 6:20 p.m., Supervisor Bradby moved the Board adjourn.. The motion was adopted unaniaaously (4-0~. Ric6atd K lu[aGManua,, Chairman w. , c>erk . ~ ~~ ~~ ~ ~ ~ ~ za a