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03-04-2004 Regular MeetingeooK 22 ~~.:~247 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mi11s Storm, Recording Secretary Chairman Clark called the meeting to order at 4:00 p.m. He thanked the School Board, the Town of Smithfield and the Board of Supervisors for their recent position taken with respect to the State budget. // Supervisor MacManus delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. County Attorney Stroman requested that an .Item 18 be added to the Agenda with respect to the current litigation involving the Board of Zoning Appeals. County Attorney Stroman indicated that the Closed Meeting would consist of five (5) items, all. involving the provision of legal advice, pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act. County Administrator Caskey advised that Mr. Robertson would have one (1}additional item for consideration under the Appointments section of the agenda. Supervisor Bradshaw noted that he would like to address the funding request of the Commissioner of Revenue under Item 15, New Business. 1 80QN 22 rA~t~40 i Supervisor Wright moved that the Board= approve, the agenda, as amended.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman .Clark called for Special Presentations. Mr. John S. Hadfield, Executive Director of the Southeastern Public Service Authority (SPSA) addressed the. Board on' issues related to SPSA's operations and activities. He submitted a report entitled "Background Data, SPSA 2004 Annual Report and Update" for the Board's reference. Ms. Constance Rhodes, President, Isle of Wight-Smithfield-Windsor Chamber of Commerce, addressed the Board concerning efforts undertaken by the Chamber of Commerce, the Virginia Chamber of Commerce and other local Chambers of Commerce with respect to the budget dilemmas, and the status of the failure to invest in education, roads and mental health services. She advised that the Chamber will be holding a Strategic Planning Visioning Day on March 5, 2004 from 8:30 a.m. until 3:30 p.m., and she .extended an invitation to the Board to attend. // Chairman Clark indicated the Consent Agenda included the following items: A. Report Concerning Christian Outreach and United Christian ,Ministries Request for Funding B. DEQ/Public Notice for February 23, 2004 C. Virginia Landmarks Register -Henry Saunders House and William Rand Tavern D. Pesticide Container Recycling Program E. Action List .Status Update F. January 23, 2004 Continued Board Retreat Minutes G. January 24, 2004 Continued Board Retreat. Minutes H. February 2, 2004 Continued Meeting Minutes I. February 5, 2004 Regular Meeting Minutes e 1 2 r Q~OK 2l. ~r`F.~ :aV Chairman Clark asked if there were any items for removal. Supervisor Bradshaw moved the Board adopt the Consent Agenda, as presented. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion and, no Supervisors voting against the motion. // Chairman Clark called for Regional Reports. County Administrator Caskey noted that the Southeastern Public Service Authority's annual budget process is currently underway for setting the tipping fee and that he would keep the Board informed. With respect to the Intergovernmental Relations Committee, Supervisor MacManus noted that the Director of Economic Development owes the Towns of Smithfield and Windsor a resolution of support for the County's efforts to have a Paul D. Camp Community College -and Workforce Development Center located `in the northern part of the County. He noted that both towns are in support and desire to adopt resolutions to that effect. With respect to Route 460, Supervisor Wright stated that support for alignment "A" of Route 460 was noted during a recent public meeting. He 1 stated this alignment has less impact on existing homes and wetlands. Supervisor Bradshaw requested that. the Board be provided with specific details of proposed alignment "A." Supervisor MacManus noted that the. Town of Smithfield had received a $20,000 grant from the State Department of Health, Dental Division, to address fluoride issues. He recommended that staff pursue a similar grant from the State Dental Division to assist with some of the County's fluoride issues. Supervisor MacManus moved that the Board direct the County Administrator to contact the Town of Smithfield concerning the particulars related to the grant the Town of Smithfield received from the State Department of Health, Dental Division, and that staff investigate the possibility of securing such a grant from the State Department of Health, Dental Division, on behalf of the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion and, no Supervisors voting against the motion. Supervisor MacManus noted that the .old sewage plant in the Town of Smithfield would not be paid off until 2024, and the Town had participated in a pool fund through the Virginia Resource Authority which will allow the Town to recoup approximately $350,000 and reduce their loan by five (5) 3 eoo~ ~2 ~a~~25a ,~ years. He recommended that staff also look into this type of resource, as the Town of Smithfield is receiving substantial savings associated'with some of their long-term loans associated with sewage/growth issues. Chairman Clark .stated State budget concerns remain the topic of conversation at the Hampton Roads Planning District. Commission meetings, and that the area seems to be rebounding with respect to new business and the strength of the local economy. Chairman Clark stated the Southside Mayors and Chairs Caucus continues to discuss the feasibility of the Peninsula and Southside joining regionally in their workforce development centers. Chairman Clark reported that the City of Suffolk and the City of Chesapeake have indicated they would join the Resource Conservation Development Council, leaving the City of Portsmouth as the only locality not to participate. He stated he is hopeful that the participation of the Cities of Suffolk and Chesapeake will help in the application process for Department of Agriculture funding. County Administrator Caskey noted that the Resource Conservation Development Council has moved its meeting date from March 9, 2004 to March 23, 2004.. He noted that Carey would contact Supervisor Wright .and Chairman Clark's office tomorrow to ensure that the dates are changed on their respective calendars Supervisor Bradshaw requested that Mr. Crabtree be advised of his correct a-mail address. Supervisor Wright stated the legal matter concerning the terms of the contract .had been resolved and construction can now begin at the Western Tidewater Regional Jail. // Chairman Clark called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, advised that he had met with Jay .Randolph concerning the Route 460 Relocation Study to discuss the various corridors, as well as a strategy for getting all the jurisdictions to support a single resolution. He stated Mr. Randolph advised that the preferred route from preliminary discussions with the Town of Windsor is alignment "A." He stated that Mr. Randolph would be discussing this issue further with the Windsor Planning Commission on March 25, 2004 and that he intends to also discuss the matter with the County's Planning Commission at its April meeting before coming back to this Board in April with a resolution that has been supported and adopted by all the other jurisdictions and that can be forwarded to the State. He stated there is 4 eooK 22 ~M~~r251 concern with alignment "A" because of its proximity to the Commonwealth Cotton Gin and because the proposed road goes through the eastern industrial complex, the Norfolk and Southern property and the Shirley T. Holland area. Supervisor MacManus noted that staff input regarding adjustments to the proposed alignment "A" concept should be done as quickly as possible so that this information could be forwarded to the other jurisdictions. Mr. Hartley stated the Town of Windsor's preference is that the road proceed north of the Commonwealth Cotton Gin and stays in the Town limits. He stated a comment was made. that if the proposed` alignment goes south of the Commonwealth Cotton Gin, the land area between the new highway and the Town could be annexed. He stated with respect to the industrial park, he intends to discuss an adjustment to alignment "A" further with the Director of Economic Development... Supervisor Bradshaw requested -that Mr. Hartley advise the Information Services Coordinator that the Board wants a detailed topographical .map so that the Board can make any proposed adjustments. Supervisor MacManus suggested that input be sought from the citizens of the Town of Windsor as to proposed adjustments. to alignment "A." Supervisor Wright noted that he intends to attend the Windsor Town Council meeting to further discuss the proposed route. Mr. Hartley noted that the Town of Windsor has expressed its concern with the survival of the businesses. along Main Street. He stated the Town of Windsor has discussed going north of the Commonwealth Cotton Gin to ensure that the route stays close to the Town and also allows the businesses to continue to operate at their current locations. Supervisor MacManus moved that the Board direct staff to come back with a revised map by the Board's March 18, 2004 meeting with; a plan for gathering public input, i.e. for a meeting to be scheduled this .month in conjunction with the Windsor Town Council o .that their input can be gathered into the process, and that staff advertise the matter in the communities that would be affected. The motion was adopted by avote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley advised that staff had received notification from VDOT that the County was eligible for a Supplemental Revenue Sharing allocation for FY2003-04 and FY2004-OS under the .Revenue Sharing Program. He advised that .because the County did not commit to the $500,000 .allocation: level, the County is not eligible for any supplemental Revenue Sharing funds. 5 eaoK 22 ~A~*252 Mr. Hartley stated that he had faxed a copy of .correspondence received from VDOT committing $500,400 under the Revenue Sharing Program, which will be equally split on Whispering. Pines Trail and Lawrence Drive. Supervisor Bradshaw moved that the Board accept .the. funds in the amount of $500,000, as noted in VDOT's .commitment letter, .under the Revenue Sharing Program to be equally used on Whispering Pines Trail and Lawrence Drive. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw recommended that the Board request, under the Freedom of Information Act, the .cost comparison report that he has been' requesting from VDOT for the last several months indicating the amount of funds proposed for various projects and the amounts actually spent. Supervisor Bradshaw moved that the Board refer the matter to the County Attorney for his review and evaluation in determining how the requested financial information can be obtained from VDOT. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark inquired if the Department of Public Works had any plans to maintain Yellow Rock Road. He stated the County owns this roadway, and he has received calls from residents requesting that the ditches be cleaned. . Mr. Long advised that he anticipates having remaining .funds from an ongoing project with a ditch maintenance company that could be utilized for maintenance of Yellow Rock Road. Supervisor Bradshaw moved that. the Board direct Mr. Hartley to contact MacFarland Neblett, VDOT Resident Engineer, with respect to the Board's previous request .for a report identifying those roadways in the County that routinely experience flooding. The motion was. adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and ,Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradby inquired when VDOT ;intends to perform any improvements to the secondary roads. Mr. Hartley stated that staff did receive for the first time last year VDOT's maintenance plan budget, but that he has to inquire about this each year. .Supervisor MacManus .recommended that this year the Board take a different approach and provide suggestions to VDOT identifying what roads 6 eooK 2? ~h~253 the Board wants paved this year. and which ditches need cleaning. He noted such efforts could be accomplished by the formation of a citizens committee that could provide input as to where. they believe the needs are. Supervisor MacManus moved that the Board direct Mr. Hartley to develop, and report back to the Board, a list of his recommendations on how to identify roads that. need to be repaved, and which ditches need cleaning. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against. the motion. // Chairman Clark called for Citizen's Comments. Grace Keen requested that the Board transfer the $1,000 that was previously allocated for .her travel expenses to receive the 2004 Project Award in Nebraska for the County's Plant a Tree for a Child Program to the Beautification Committee for use by that Committee during the Home and Garden Show scheduled-for March 19`" through March 21 S`, 2004. Chairman Clark moved that the Board transfer the $1,000 to the Beautification Committee for use at the Home and Garden Show. The motion was adopted by a vote of (5-0) with Supervisors MacManus, .Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Thomas Finderson expressed his concern with 50,000 gallons of groundwater being withdrawn off Route 17 in the Brewer's Creek area. He recommended that the County run County water down Cedar Grove Road as the County would quickly recoup its money from the hook-ups. He specifically requested -that the Board reconsider its policy relative to this withdrawal and submit its comments to the State before the March 26, 2004 deadline. Supervisor Bradshaw moved that the Board further discuss this matter under the Public Utilities section of the agenda. The motion was- adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the. motion, and no Supervisors voting against the motion. Aulsie Hojnicki, Director. of the Cultural Arts Center, submitted information concerning a Local Government Challenge grant and requested the Board to consider this grant during the budget process. She noted the grant has a deadline of April 1, 2004. 7 BooK 22 ~h~=254 Supervisor MacManus noted that he would address this request at the next meeting of the Budget .and Finance Committees of the Board. of Supervisors and the School Board. Albert Burckard addressed the Board with respect to the Board's recent legal .action taken against the Board of Zoning Appeals. He specifically requested that. the Board proceed with the appeal and not change its decision '' , to take legal action. /! Chairman Clark called for the County Attorney's report. County .Attorney Stroman presented a proposed Amendment to .the Agreement with Powell Management Associates, which increases funding by $15,000. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Amendment with Powell Management Associates, with the source of funds to be determined by the Director of Budget and Finance. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman noted. that he would be requesting a closed meeting on five (5) matters pertaining to the advice of counsel. // Chairman Clark called for the Community Development report. Mr. Hartley notified the .Board that there would be a meeting on the Benn's Church 'Activity Center at 7:00 p.m. on Wednesday, March 17~' at Berms United Methodist Church. He noted he would be .sending the Board a , reminder of the upcoming meeting. Mr. Hartley notified the Board that the revised Zoning Ordinance would be sent to the printer next week. // Chairman Clark called for the Economic Development report. County Administrator Caskey noted that Mr. Small was not present, but that he would forward any Board. comments and questions to him with respect to the Board Report in the agenda pertaining to .the Workforce Development Center and One- Stop Center. V 1 i eooK 22 ~~~~255 Supervisor MacManus advised that he had received input on the process from Judy Begland, President of Opportunity, Inc. and Dr. Barbara Bolin has been in contact with the County Administrator. He stated that he has requested that the State consider Thomas Nelson Community College to be the premiere model, and he has requested floor plans on that facility so that the Board can review them and make it an even better facility. He explained how to accomplish this in phases, and both business and community input will be sought. He noted that Ms. Begland did suggest that the- County begin speaking with Old Dominion University, Hampton University and Christopher Newport University which will give the County potential university ties for students who will attend Paul D. .Camp Community College. Supervisor Bradshaw noted that a Workforce Development Center was the topic of discussion at the most recent meeting of .the. Paul D. Camp Community College Board of Directors. He noted that Dr. Boyce stated that he would like to see both a Suffolk and Isle of Wight campus. County Administrator Caskey noted at the most recent meeting of the Workforce Development Council Board of Directors, Dr. Boyce did note that the County is interested in the. location of a Workforce Development. Center and, ultimately a campus, in the northern .part of the County. Dr. Boyce expressed an interest that both facilities could be developed to satisfy both Suffolk and Isle of Wight County's needs. Mr. Caskey noted that he advised the Committee at that time that the County is committed to .having a Workforce Development Center in the County. Supervisor MacManus requested that .staff ensure that the .County's representatives are well informed on the workforce development center issue. He requested that staff report back to the Board those individuals that are not attending related meetings. // Chairman CIark called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, briefed the Board on the Hurricane Isabel "Top 10"List of Corrective Actions. Supervisor MacManus recommended that a representative of the Western Tidewater Health Department be invited to discuss with the Board the importance of this issue. He recommended that County generator requirements be phased in over a four (4) year period. He further recommended that Mr. Childress obtain a recommendation from the Director of Budget and Finance for the cost to be included in the budget process. He further recommended that public utilities also be phased in over a four (4) year period, picking the priority locations. He recommended that Mr. Childress obtain the recommendation of the Budget and Finance Director on 9 600K ~raG'256 staggering the cost of fueling stations. He advised that the Red Cross is desirous of establishing a training program for volunteers. Supervisor Bradshaw recommended that training programs be set up throughout the various communities of the County. Supervisor MacManus requested that he be informed of any associated training costs. Mr. Childress advised. the Board that because of the resignation of a certain individual with the American Red Cross/Hampton Roads Chapter, the Board could. possibly see the momentum decline on that end. Supervisor MacManus recommended that Mr. Childress contact Ms. Keech or Jack York should the Red Cross' momentum slow down. He noted .that "strengthening or enhancing" would be more appropriate language with respect to Item (6). He requested a copy of the checklist under Item (2) so that he could determine what Mr. Childress is looking for from a disaster perspective. He recommended that Mr. Childress not wait until August, 2004 to establish distribution center locations. He noted that when Hurricane ' Isabel came through the County, there were concerns expressed by citizens in the Smithfield area as to the whereabouts of distribution centers. Supervisor Bradshaw stated during the past two (2) hurricanes, there were major concerns expressed with respect to coordination. Mr. Childress requested permission to move forward with sending funds each. budget year, as funding becomes available, to the manufacturer in support of the purchase of the Carrollton Volunteer Fire Department rescue- pumper. Supervisor Wright moved that the .Board. authorize staff to send the contributions to the manufacturer on behalf of the .Carrollton Volunteer Fire Department as funds become available in the Capital Budget. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting. in favor of the. motion, and no Supervisors voting against the motion. // Chairman Clark called for the Parks .and Recreation report. Alan S. Nogiec, Director of Parks -and Recreation, requested permission to move forward with the road leading into the Central County Park and Fairgrounds. He recommended the Board adopt the resolution contained in the agenda. 10 1 8011. 21~I ~ji~rN~~ Supervisor Bradshaw moved that the Board adopt the following Resolution ~ to Execute Recreational Access Agreement for Central County Park and Fairgrounds and to Accept and Appropriate Grant Funds from the Commonwealth Transportation Board for the Development of a Public Access Road at the Central County Park and Fairgrounds Site and authorize the Chairman to sign the Agreement: RESOLUTION TO EXECUTE RECREATIONAL ACCESS AGREEMENT FOR CENTRAL COUNTY PARK AND FAIRGROUNDS AND TO ACCEPT AND APPROPRIATE RECREATIONAL ACCESS ROAD GRANT PROGRAM FUNDS FROM THE COMMONWEALTH TRANSPORTATION BOARD FOR THE DEVELOPMENT OF A PUBLIC ACCESS ROAD AT THE CENTRAL COUNTY PARK AND FAIRGROUNDS SITE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has previously authorized .the submittal of a grant program application requesting funds from the Commonwealth Transportation. Board for .the development of a public access road at the Central County Park and Fairground Site; and WHEREAS, the Board of Supervisors in fiscal year 03-04 has previously appropriated local. funding for development of phase one of the - Central County Park and .Fairgrounds in the amount of $1,500,000 to include funding. for the construction of a public access road at the Central County Park and Fairgrounds; and WHEREAS, by Resolution of November 20, 2003 the Commonwealth .Transportation Board approved funding from the Recreational Access Fund for development of a public access road as requested by the County of Isle of Wight, Virginia in the amount of two hundred seventy three thousand one hundred fifty dollars ($273,150); and WHEREAS, the grant from the Commonwealth Transportation Board in the amount of two hundred seventy three thousand one hundred fifty dollars ($273,1.50), or so much as shall be received from the Commonwealth Transportation Board, needs to be accepted by the County in the FY 2003-2004 Operating Budget of the County of Isle of Wight, Virginia; and WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to determine the manner, timing and. responsibility of both the County of Isle of Wight, Virginia and the Commonwealth of Virginia, Department of Transportation in the construction of the Recreational Access Road to the Central County Park and Fairgrounds site. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that 11 eoQk 22 ~a:258 grant funds in ~ the .amount of two hundred seventy three thousand one hundred fifty. dollars ($273,150) or so much as shall be received be accepted from the Commonwealth Transportation Board in the FY 2003- 2004 Operating Budget of the County of Isle of Wight Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make. the appropriate accounting adjustments and to do all things necessary to give this resolution effect. BE IT FURTHER RESOLVED that the Chairman of the Board of Supervisors of the County of Isle of Wight, Virginia is authorized to sign the Recreational Access Agreement for the Central County Park and Fairgrounds on behalf of the County of Isle of Wight, Virginia. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Mr. Nogiec .recommended that the Board also authorize staff to advertise for a public hearing a Deed of Gift fora 90-foot right-of--way and easement for the road leading into the Central County Park and Fairgrounds. Supervisor . MacManus moved that the Board authorize staff to advertise for public hearing a Deed of Gift fora 90-foot right-of--way. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright. and Clark voting in favor of the motion, and no Supervisors, voting against the motion. Mr. Nogiec ..recommended the Board approve a change order in the amount of $53,000 from ...Commonwealth Engineering Group, Ltd., the company responsible for designing the Fairground facility. Supervisor Bradshaw moved that the Board approve the suggested change order with Commonwealth Engineering Group, Ltd. in the amount of $53,000. The motion .was adopted by a vote of (5-0) ,with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in .favor of the motion, and no Supervisors voting against the motion. Mr. Nogiec requested that the Board approve the transfer of ownership of State surplus property for the Camp Washington property in Walters which was previously used as a juvenile correctional facility. He advised that the Virginia Department of Juvenile .Corrections is requesting a letter of intent from the County as to its proposed interest. Supervisor Bradshaw moved that the Board direct the Director of Parks and Recreation to pursue the possibility of acquiring the Camp Washington property, which has been declared surplus property and turned over to the j 12 .. 800 ~2r~~'25~7 Virginia Department of General Services for disposal, at minimal or no cost to the County for future use by the County, and that the letter be signed by the County Administrator. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus requested that Mr. Nogiec continue to provide updates to the Board with respect to the property's status and how he feels this property will fit into his ten (10) year capital. improvement plan. // Chairman Clark called for the Public Utilities report. E. Wayne Rountree, P.E,, Director of Public Utilities, recommended that the Board authorize staff to perform additional in-house testing at the Smithfield Heights and Carrsville systems. He noted that staff believes acceptable water has been located at these .sites. Supervisor Bradshaw moved that the Board authorize staff to pursue additional testing and sampling of groundwater at Smithfield Heights and Carrsville system at an estimated cost of approximately $25,000. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rountree advised that the owners of the Cannon Acres water system have approached the County with regard to the County's interest in purchasing that system. He stated that the Cannon Acres water system is located at Cedar Grove, which is along the route that the water line will be extended back to the Obrey water. system that is currently owned by the County. He stated staff has developed a private well system purchase policy utilizing a ten (10) year net revenue concept. He stated the difference between this policy and the City of Suffolk's is that the. City charges a connection fee.. He recommended that the Board adopt his policy in concept and that staff will bring back a written policy to be incorporated in the , County's Policy Manual. He further recommended that the Board authorize the purchase of the Cannon Acres water system at a cost not to exceed $171,000, which is the net ten (10) year revenue. Supervisor MacManus inquired what capital expenses did Mr. Rountree anticipate over the next ten (10) years. Mr. Rountree stated it would involve the connection of that system to the .County's system and the extension of approximately 300 feet of pipe, which the current owner will do at his cost. He stated the County, in turn, would convey the well system back to the owner at some point in time in the future when the County. no longer needs it. He stated it is the owner's 13 eooN 22 {~r~:260 responsibility to dismantle and abandon the well in the event the County does not need it. Supervisor MacManus moved that the Board direct Mr. Rountree to provide the Board with additional details so that the Board has a better understanding and that the Board's Budget and Finance Committee meet with Mr. Rountree and Mrs. Seward to review the concept of what .the City of Suffolk and other. communities may be doing with respect to the purchase of ' these types of systems and. that they provide the Board with their recommendation, working with Mr. Rountree, to review the details of the policy. The motion was adopted by a vote of . (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rountree stated there are also three (3) other systems in that area that the County has been approached about acquiring. He noted one (1) of `'' these systems is the system Mr. Finderson expressed concerns about earlier in the meeting. Supervisor MacManus moved that the Board direct staff to come back with background information on Mr. Finderson's concern expressed during Citizens Comments with respect to the 50,000 gallons of groundwater being withdrawn off of Route 17, and that the matter be taken up as Old Business at the Board's March 18, 2004 meeting as to what response this Board would want to make through staff to the State by March 26, 2004. Staff is to provide their recommendation on a response with regard to the public notice on the withdrawal. Staff is to develop a map illustrating the location of County lines. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for the County Administrator's report. County Administrator Casket' presented an update of the Action Steps, and noted that staff would bring back a final version for the Board's consideration at one (1) of its meetings in April, 2004.. He further noted that Supervisor MacManus, Debbie Sivertson and he would be presenting the County's Strategic Plan, as it relates to the interests of the Chamber, at the Chamber of Commerce's Strategic Planning Visioning Day tomorrow. County Administrator Casket' presented A Resolution Urging State Legislators to Appropriately Adjust the Commonwealth's Tax Structure presented by VACo and recently adopted by the Frederick County Board of 1 Supervisors. aoo~ 22 >h~:261 Supervisor MacManus moved that the Board adopt the following Resolution, • and direct the County Administrator to provide a copy to Frederick County: A RESOLUTION URGING STATE. LEGISLATORS TO APPROPRIATELY ADJUST THE COMMONWEALTH'S TAX STRUCTURE WHEREAS, the disparity between state-mandated services and the state funding to localities which are required to provide .these services has continued to increase in recent years; and, WHEREAS, the effect of this .growing disparity has been further compounded by the simultaneous imposition of additional restrictions on local government's abitity to raise revenue; and, WHEREAS, the current financial crisis which the Commonwealth faces is in large part a foreseeable result of years of fiscally irresponsible efforts to avoid addressing the very real issue of an outdated and inadequate state tax structure; and, WHEREAS, the practice of avoiding the unpleasant and unpopular task of correcting this outdated tax structure by passing additional state-level responsibilities and commitments onto the backs of local government has reached. the point where many local governments are forced to choose _' between annual real estate tax increases or cutting basic services which its ? residents expect and deserve. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Isle of Wight County Board of Supervisors urges our State legislators to responsibly address the fiscal challenges it faces by making .long overdue adjustments to the Commonwealth's tax structure that will enable it to fully fund those programs and services which it has either mandated or committed to providing. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a request from. VACo for a contribution from the County to help defray anticipated costs associated with the NACo Conference scheduled for July, 2007. Supervisor Clark moved that the Board approve the request and appropriate $1,000 to help defray anticipated costs associated with the NACo Conference in July, 2007. Funds are, to be taken from the Contingency Fund... The ,motion was adopted by a vote of (S-0j with Supervisors MacManus, 1S eooR 22 ~~c262 Bradby, Bradshaw, Wright and Clark voting in favor of the motion,. and no Supervisors voting against the motion. // Chairman Clark called for Old Business. Supervisor Bradshaw requested that County Administrator Casket' and County Attorney Stroman ensure .that their .respective staffs notify Mr. Hornbaker as items are completed on the revised Action List. He noted that he may be requesting Mr. Hornbaker to provide the Board with a list of Department Heads and. work items not completed by them. // Chairman Clark called for New Business. Supervisor MacManus noted that the Virginian Pilot .this week produced an article that the Corps of Engineers :and the President are reviewing the possibility of eliminating dredging funds from their budgets. He noted this action would affect the Port of Norfolk, the economic development of the entire Hampton Roads azea, including Route 460 from a distribution perspective, and the Tyler's Beach project, Supervisor MacManus moved that the Board direct staff to send a letter to Senators Warner and Allen, Congressman Forbes and to the President of the United States stating that this action is not in agreement with this Boazd's vision of their responsibility as it would pose a severe impact to the Hampton Roads azea and Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clazk voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus requested an update on the five (5) yeaz usage requirement bill. Mr. Robertson advised Supervisor MacManus that staff has forwazded information on the proposed bill to the County's legislators. He noted the amendment being placed on the bill is more onerous which would require the County to spend any proffers received within a five (5) yeaz timeframe and, if the five (5) year timeframe was not complied with, any unexpended funds would automatically revert to the State Literary Fund. Supervisor MacManus requested the status on the penalty fees for the nonattainment area bill. Mr. Robertson offered to check on the status of the bill for Supervisor MacManus. 16 Y i i B~~K ~~ ~N~~~~~~ Supervisor Bradshaw addressed the funding request from the Commissioner of Revenue. He stated the Commissioner of Revenue has utilized all funding for part-time help in her office this year and is requesting additional funding for the remainder of the budget year for additional part- time help. He stated the Commissioner's Office has done an outstanding job in the past in utilizing part-time assistance. Supervisor MacManus noted that it was his impression that the Commissioner of Revenue desired to continue funding to the next fiscal ;year, and that he was not ready to commit to the next fiscal year because of shortfalls anticipated in the County's budget. . Supervisor Bradshaw moved that the Board direct staff to meet with the Commissioner of Revenue to address her part-time needs within her office for the remainder of the .fiscal year, and provide the Board with a recommendation at its March 18, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark inquired about the minimum and maximum amounts for peddler license fees. County Attorney Stroman informed Chairman Clark that he recently sent a letter to Attorneys Pretlow and Riddick with respect to the peddler license fees, as well as an issue involving animal control, and requesting them to provide available dates in the near future to meet and discuss these issues. He stated the State statute establishes the maximum for the license fee, which is a maximum of $50 and the County currently charges $35, and the State law provides for the maximum tax that can be imposed. He stated he would like to see this matter resolved within the next six (6) months. Chairman Clark noted that Branch Lawson and Peter Munsell's wife have agreed to serve on the Newport Devzlopment Service District Revitalization Committee. // Chairman Clark called for Appointments. Supervisor MacManus moved. that the Board appoint Melissa Small to serve on the Blackwater Regional Library Board. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Gary Cofield, .replacing John Catron, on the Senior Services Agency of Southeastern Virginia. The motion was adopted unanimously (5-0). 17 ;BOOK 22 rA~~264 Supervisor Wright moved that the Board appoint Delores Darden to serve on the Beautification .Committee. The motion was adopted unanimously (5-0). Supervisor Wright moved that the Board reappoint Ruth Hartsfield to serve on the Commission on Aging. The motion was adopted unanimously (5-0). Supervisor Wright moved that the Board reappoint Betty Alphin to serve on the. Industrial Development Authority. The motion was adopted unanimously (5-0). Supervisor Bradby moved that the .Board reappoint Hazel Edwards to the Southeastern Tidewater Opportunity Project Board of Directors. The motion was adopted unanimously (5-Oj. Supervisor Bradby moved that the Board accept the resignation of Natalie Bradby on the Commission on Aging. The motion was adopted unanimously (5-0). Supervisor Bradby moved that the Board appoint Herb DeGroft to serve on the Commission on Aging. The motion was adopted unanimously (5-0). Supervisor Wright moved that the Board appoint Dorothy Gwaltney to serve on the Blackwater Regional Library Board. The motion was adopted unanimously (5-0). // County Attorney Stroman requested a Closed Meeting pursuant to the I Code of Virginia Section 2.2-3711A.7 for five (5) matters requiring advice of counsel on the 'following: One (1) matter requiring legal advice concerning contract damages; one (1) matter concerning the enforceability of proffers; one (1) matter concerning the :purchase of development rights; one (1) matter concerning a contract dispute; and, one (1) matter concerning actual litigation. Supervisor Wright moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Wright voting in favor of the motion, and no Supervisor voting against the motion. Upon returning to open session, Supervisor Bradshaw moved that the. Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING L7 ,. ~. i ~i eooK 22 ~~~~265 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 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 certif cation resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bradshaw moved that the Board reconsider its motion made at the Board's February 5, 2004 meeting with respect to the Board of Zoning Appeals litigation decision. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, .Bradby, Clark and Wright voting in favor of the motion, and Supervisor MacManus voting against the motion. Supervisor Bradshaw moved that the Board reverse its decision made at the Board's February 5, .2004 meeting regarding the Board of Zoning Appeals litigation matter, and not pursue the litigation previously filed by the County Attorney. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Bradby, Clark and Wright voting in favor of the motion, and Supervisor MacManus voting against the motion. Supervisor Bradshaw stated that the Board had a positive meeting with the Board of Zoning Appeals (BZA) last Monday. He'stated it was strongly encouraged by the Board that all BZA members obtain certification as BZA officials to ensure that they understand the constitutional aspects of their role as BZA members. Supervisor MacManus noted the importance of all BZA members receiving certification in a timely manner to ensure that they understand their responsibilities as guardians of the County's. Zoning Ordinance. He stated he 19 ^, 90011 ~~ rAS'(.+V~ is still concerned that the Board not set precedent that would weaken the Zoning Ordinance. Chairman Clark noted the recent meeting with the BZA members was both productive and educational He stated the main concern of both Boards is the validity of the Zoning Ordinance. Supervisors MacManus and Bradshaw agreed that the Budget and Finance Committees of the Board of Supervisors .and the School Board would meet. on Monday, March 8, 2004 at 5:00 p.m. in the Board Room. // At 7:50 p.m., Supervisor Bradby moved that the Board adjourn its meeting. The motion was adopted unanimously (5-0). Stan D. Clark, Chairman r. 9 x 1 1 1