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05-06-2004 Regular Meeting.. soak 22 ~~~~~36? REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF MAY 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 - Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 6:00 p.m. // Chairman Clark delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. Chairman Clark announced that Virginia Dominion Power would be presenting a deed to the Town of Smithfield for the school house museum on Wednesday, May 12, 2004 at 11:00 a.m. at The Smi~hfield Center. The following amendments to the agenda were offered: County Attorney Stroman requested that a Deed of Reciprocal Easements and Restrictive Covenants and the First Amendment of Covenants and Restrictions pertaining to the Shirley T. Holland Industrial Park be added under the County Attorney's report; that an item concerning a settlement of litigation concerning a breach of a lease and an update on the probable litigation arising out of the water and sewer connection fees be added to the closed meeting. // Chairman Clark called for Special Presentations. 1 eoo~ 22 r~~:~36$ Chairman .Clark recognized Tracy W. Pierce as the Isle of Wight County Public Safety Telecommunicator ofthe Year for 2003, Supervisor MacManus moved that the Board adopt ~ the following Resolution: RESOLUTION TO RECOGNIZE . TRACY W. PIERCE AS THE ISLE OF WIGHT COUNTY PUBLIC SAFETY TELECOIti~VIUNICATOR OF 'TIS YEAR FOR 2003 i ~ WHEREAS, Dispatcher Tracy W. Pierce is a dedicated Public Safety employee serving. the citizens of Isle of Wight County by answering their calls for law enforcement, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, Dispatcher Pierce is highly skilled, always professional, dedicated, and hard. working; and, WHEREAS, Dispatcher Pierce has been nominated by her peers. as the Isle of Wight County Public Safety Telecommunicator of the Year for providing team building, training, and support skills; and, WHEREAS, Dispatcher Pierce has been nominated by her supervisors and peers for her Outstanding Individual Performance in a Critical Incident in her exceptional handling of a fatal shooting in October 2003; and, WHEREAS, Dispatcher Pierce has earned the admiration, recognition and support of her supervisors and peers,. and deserves recognition by the citizens of Isle of Wight County for her exceptional compassion, professionalism and skills. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Ms. Tracy W. Pierce be recognized as Isle of Wight County Public Safety Telecommunicator ofthe Year for 2003 and all citizens are urged to take note of this special honor.. BE IT FURTHER RESOLVED that Ms. Pierce be recognized for her OutstandingIndividual Performance in a Critical Incident. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisorsvoting against the motion. Chairman Clark presented a Resolution to Congratulate Mount Sinai Baptiste Church on its 125' Church Anniversary to Veronica Hearn on behalf of Mount Sinai Baptist Church. 2 i n g~~K ~~ ''h~~~~~ Supervisor MacManus moved that the .Board adopt the following Resolution: RESOLUTION TO CONGRATULATE MOUNT SINAI BAPTIST CHURCH ON ITS 125TH CHURCH ANNIVERSARY WHEREAS, Mount Sinai Baptist Church was founded in Isle of Wight County in 1879; and, WHEREAS, Mount Sinai Baptist Church is celebrating its 125" Church Anniversary June 7-13, 2004; and, WHEREAS, the church provides a means of serving the community and improving the quality of life for the citizens of Isle of Wight County; and, WHEREAS, the Isle of Wight County Board of Supervisors wishes to recognize and congratulate Mount Sinai Baptist Church on such an auspicious occasion. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates Mount Sinai .Baptist Church on the occasion of its 125`h Church Anniversary.. 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. Hampton Roads Economic Development Alliance (HREDA) Patrick J. Small, Director of Economic Development, announced that Don Jellig, Chairman of the HREDA, and Jones Hooks, President and CEO of HREDA, would be arriving late to brief the Board on the ongoing activities within the HREDA because of heavy traffic congestion in Norfolk. Chairman Clark noted that the agenda would be amended upon their arrival to allow them to address the Board. Dr. Mark Dembert, Interim Executive Director, Western Tidewater Health District, introduced himself and provided a status report on the activities of the Health Department. Steve Wampler, President of Wampler-Eaves Appraisal Group, LTD, addressed the Board on the .results of the recent County real property reassessment.. He reported that there was a 23.9% overall increase County- 3 800K ~~ !A~`•.i 1 wide, including new construction, with a 19.8% increase in the Hardy Magisterial District; a 28.6% increase in the Newport Magisterial District; a 16.2% increase in the Carrsville Magisterial District; a 25.4% increase in the Town of Smithfield; and, a 26.7% increase in the Town of Windsor. Responding to Supervisor MacManus, Mrs. Seward offered to provide the percentage increases by electoral district, to include the Towns of Smithfield and Windsor. Supervisor Bradshaw asked Mr. Wampler to provide the Board with a copy of the market analysis booklet utilized to establish the square footage rates. i // Chairman Clark indicated the Consent Agenda included the following items: A. Resolution to Accept and Appropriate $2,000 in Donations from the Town of Smithfield B. Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant and Donated Funds for Emergency Response Equipment C. Resolution to Accept and Appropriate Selective Enforcement Grant Funds from the Virginia Department of Motor Vehicles D. Resolution to Submit an Application for U.S.D.A. Summer Food Service Grant Frogram Funds and to Accept and Appropriate Grant Funds E. Resolution to Appropriate $40,000 from the- Economic Development Reserve Fund of the Capital Projects Fund for the Purchase of Road Right-of--way -Cost Plus Expansion Project F. Advertisement and Adoption of Special Revenue/Enterprise Funds - FY04-OS G. Action Plan Objective 4.C. -Plan to Market the 460 Corridor for a Major Tourist Attraction H. Receipt of County Treasurer's Turnover Audit I. March 31, 2004 Continued Meeting Minutes J. April 1, 2004 Regular Meeting Minutes i ~~ 1 4 n eooK Z2 r~ :371 Chairman Clark asked if there were any items for removal. Supervisor MacManus requested that Item (G), Action Plan Objective 4.C. -Plan to Market the 460 Corridor for a Major Tourist Attraction, be removed from the Consent Agenda for further discussion. Supervisor Bradshaw requested that Item (B), Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant and Donated Funds for Emergency Response Equipment, be removed from the Consent Agenda for further discussion. Supervisor Bradshaw moved the Board adopt the Consent Agenda, as amended, with Items (B) and (G) removed. 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. With respect to Item (B), Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant and Donated Funds for Emergency Response Equipment, .Supervisor Bradshaw moved that the Board adopt the Resolution and direct the Director of Emergency Management to review the process for how the funding was set up and appropriated to the Carrollton Volunteer Fire Department and. report back to the Board for further recommendation. 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. With respect to Item (G), Action Plan Objective 4.C. -Plan to Market the 460 Corridor for a Major Tourist .Attraction, Supervisor MacManus moved that the Board approve and have the Fair Committee look for ideas and add specifics regarding cost schedule, advise a timeframe when the Board would be receiving this information, and to encourage,staff to set up a plan to look at other opportunities for tourism in the southern portion of the County. 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 Regional Reports. Supervisor MacManus reported that the Southeastern Public Service Authority is discussing the possibility of reducing the tipping fee from the projected $49 per ton to $47 per ton. With respect to the Hampton Roads Economic Development Alliance, Chairman Clark reported that he and the County Administrator attended the grand opening for the development in Portsmouth. ,eooN 22 C~is''J 1 With respect to the .Virginia Association of CountieslBoard of Directors, Supervisor Bradshaw reported that the Chairman of the Fairfax County Board of Supervisors submitted a letter explaining .that County's situation with the car tax. He stated the proposal is to cap the car tax at the .dollar amount today that the counties are being reimbursed through the. State. He noted citizens will only continue to receive a 70% car tax cap if a locality picks up .the difference. Chairman Clark reported that the Board and staff recently took a tour of the International Paper facility. // Chairman Clark called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, presented a request from the Camptown residents fora "No Through Trucks" sign in their community. Mr. Hartley announced that he has hired an individual who will be addressing transportation matters and who will be reporting to work on June 1, 2004. a Mr. Hartley referred to the listing of outstanding projects/issues with VDOT contained in the agenda. He requested the Board. advise him with respect. to any outstanding projects that are not included in the list. Supervisor .Wright requested that Mr. Hartley take the appropriate action to place Poor House Road on the Candidate List for paving. Supervisor Bradshaw requested that Mr. Hartley review the specifics for adding roads to the Candidate List and report back to the Board. Mr. Hartley advised that if Poor House Road is not currently on the Candidate. List for paving, he would proceed with preparing a resolution for .inclusion in the Consent Agenda for the Board's May 20, 2004 meeting. Supervisor Bradshaw.moved that the Board direct staff to send a letter to the VDOT Resident Engineer inquiring why Dukes Lane has not yet been taken into the State system and requesting that VDOT provide the Board with an anticipated date when the roadway will be taken into the State system and the. date that VDOT intends the project to go out on -bids for paving. 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. b n _. r ~ eooK ~2.h~:~.373 Supervisor Bradshaw inquired when Duck Town Road will go out for bids. Mr. Hartley offered to check with VDOT on the anticipated bid date and report back to Supervisor Bradshaw. On the status of Whispering Pines Trail, Supervisor Bradshaw noted that he and Mr. Hartley would speak with the VDOT Resident Engineer next week about the status of the drainage. ditch work, .grading work and the .telephone line. Chairman .Clark requested that Mr. Hartley advise the VDOT Resident Engineer when he meets with him next week that VDOT will have to continually address the potholes that are occurring as a result. of large truck traffic on Sugar Hill Road; that the Board has not heard back from Mr. Neblett on the "Children at Play" signs and the crossing signs at Gatling Pointe on Battery Park Road between Gatling Pointe North. and South (possible speed reduction); that striping has not been painted on Reynolds Drive; and, that the completion date for the Rescue Bridge has. not moved from the July, 2004 timeframe. With respect to revisions to the Rural Addition Roads statute, Mr. Hartley advised that the date has been moved from 1990 to 1992 when roads are eligible and that minor adjustments have been made to the program. // Chairman Clark called for Citizen's Comments. Grace Keen presented the National 2004 Arbor Day Award for the County's Plant a Tree for a Child Program. Chairman Clark moved that the County Administrator be directed to display the Award in a conspicuous place in the Courthouse. The motion was adopted by a vote. of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the emotion, and no Supervisors voting against the motion. Albert Burckard formally requested that the Board intervene to delay VDOT's plan to demolish the small brick structure at the southwest foot of the James River Bridge, formerly utilized as an administrative building for tool booths. He noted that the Isle of Wight Citizens Association, the Southside of the James Attractions, the Carrollton Civic League and the Statewide Coordinator for the Jamestown 2007 Celebration .also support this request. Supervisor Bradshaw moved that the Board consider this request under New Business for further discussion and that the Board receive a report from 7 tO~K ~2 racf'J74 staff on the 2007 activities that, the County will be staging. 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. // At 5:00 p.m., Supervisor Bradshaw moved .that the Board amend the order of the agenda in order to conduct the public hearing, The motion was adopted unanimously (5-0). // Chairman Clark called far a public hearing on the following: The. application of Carter R. Clements for a change in zoning classification from RAC to Conditional Rural Residential of approximately 7.5 acres of land located on the east side of Antioch i Road (Route 657) north of West Blackwater Road (Route 603) in the ..Windsor .Election District. The purpose of the application is for four (4) single-family residential lots. Mr. Hartley noted that the Board heard the application at its last S meeting and requested that it be readvertised in order to allow the applicant time to revise the proffers. He stated included in the agenda are the revised proffers which address the items the Board discussed. Chairman Clark called for persons to speak in favor of, or in opposition to, the. application. Durwood Scott, real estate broker for the applicant, requested that the j Board approve the revised proffers as submitted by the applicant. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board approve. the application of Carter R. Clements, as conditioned. 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 Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // 1 eooK 22 ~~:~37~ Chairman Clark called for the County Attorney's report. County Attorney Stroman commented that the Board, at its previous meeting, authorized. the termination of the lease with the County's prior tenants of the "Johnson Farm" due to their breach. He advised that James Johnson is willing to enter into a lease with the County at the price of $30 per acre. Supervisor Bradshaw noted that ,the Carrsville Volunteer Fire Department has expressed concern because they are using the area for parking during the Shrimp Feast. He suggested that Mr. Johnson and he meet with the Director of Emergency Management to further discuss the concern. Supervisor Bradshaw moved that the Board direct County Attorney Stroman to develop a proposed lease between the. County and James Johnson, and to advertise a public hearing on the matter at the Board's May 20, 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. County Attorney Stroman requested that the First Amendment of Covenants and Restrictions pertaining to the Shirley T. Holland Industrial Park be approved by the Board as revised to reflect the deletion. of Paragraph 28 of the original covenants with respect to parking provisions. Supervisor Wright moved that the Board authorize the Chairman to execute the document, subject o the approval of the County Attorney. 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. County Attorney Stroman presented a Deed of Reciprocal Easements and Restrictive Covenants for the Shirley T. Holland Industrial Park which he recommends the Board authorize the Chairma,~ to sign on behalf of the County. Supervisor MacManus moved that the Board authorize the Chairman to execute the document, subject to the approval of the County .Attorney. 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. County Attorney Stroman noted that he would be requesting a closed meeting to discuss a claim against the County and probable litigation arising out of the denial of an exception under the Chesapeake Bay Preservation .Area Ordinance, a matter concerning a settlement of a litigation concerning a breach of a lease and an update on the probable litigation arising out of the water and sewer connection fees. 9 `eooK 22 ~h:~~376 ~~ Chairman Clark called for the Community Development Report. Mr. Hartley presented the following. application for the Board's consideration: The application of David L. and Debra F. Conlon fQr an appeal of an administrative determination that the reconstruction of their residence at 24146 Creekview .Lane does not meet the criteria as redevelopment contained in the Isle of Wight .County Chesapeake Bay Freservation Area Ordinance. The property consists of Lot 7, C. L. Obrey Land and is located in the Alewport Election District. Mr. Hartley brought to the Board's attention that he- had placed an email from the Chesapeake Bay Local Assistance Department at the Board's various seats prior to the. start of the .meeting. He commented that his concern with this application is .its implication on the program because if the impervious surface is used as the point of determining where an encroachment is measured, then you begin to .add all kinds of impervious surfaces that are substantially closer than a .structure may now be, to include retaining walls, sidewalks and patios. He stated that his concern is not as much with what the Conlon's are proposing, but rather what the implications are to the way his office .has administered the program in the past and expect to administer it in the future. Debra F. Conlon, applicant, requested that the Board approve her application for redevelopment status, pursuant to the Chesapeake Bay Area Ordinance, Section 4001.A2 and Section. 4000.B.8. She -stated Planning and Zoning staff has administratively denied her request for redevelopment and she believes she is being singled out for unfair treatment in her effort to remodel her home. She stated her home is situated 460 feet from the creek, 142 feet from .the edge of the tidal marsh and contains more setback than any of her existing neighbors. She stated that her home is not bulkheaded and there are two (2) ravines on the east and west sides. of her home. She stated she desires to rebuild her existing home, from the existing floor level and up, because. -her. builder has advised her that if she moves or changes: more than 50% of the walls of the current structure, that it will be more efficient and cost effective to rebuild all -the walls. She stated the remodel will entail utilizing the, existing foundation, the joints and flooring, the basement and two (2) car garage. She stated that the. Chesapeake Bay Preservation Area Ordinance stipulates that there must not be an increase in the amount of impervious cover; that the non-point pollution load will be reduced by at least. l0%; and, that there will be no further encroachment into the RPA. She stated the issue is related solely to the third criteria, which is encroachment into the Resource Protection Area (RPA). 1 e~ 1 eo~K 22 -h:::3`77 Chairman Clark noted he would like for the County Attorney to review the statute and make a determination. County Attorney Stroman advised that he has reviewed the materials and he has concerns with what appears to be some inconsistency in the positions taken by CBLAD. He made reference to the regulation 10-20-40 under the definition of impervious cover which refers to parking areas and any concrete, asphalt, or compacted service. He stated the definition of redevelopment states "the process of development land that is or has been previously developed." He stated regulation 10-20-30 does not speak to impervious cover, but states "redevelopment. outside of the locally designated intensely developed area should be permitted only if there is no increase in the amount of impervious cover and no further encroachment .within the RPA. He stated with respect to the CBLAD guidance document, on page 2, there is a reference which states "the new structure and/or impervious areas. are approximately in the same physical. location as the previously existing structures and/or impervious areas." He stated it goes on to read "that .the RPA features are not further. encroached upon." He noted the next page of the guidance document states "for the purposes of the Bay Act Program, development is not additions or expansions to existing structures." He noted that he is troubled with the inconsistencies received from CBLAD. Chairman Clark commented that he did not see how approving this application would be setting a precedent. Supervisor Bradshaw noted the applicants are making every effort to maintain the impervious area in this unique situation. He further noted that the applicants are also moving away from the RPA. County .Attorney Stroman commented that Mr. Hartley's primary concern is that the sidewalk is located along the front of the house, and that is the pervious surface; under the applicant's interpretation, they are not encroaching because they are not proceeding past the sidewalk. He cautioned that in the future, other applicants could cor7e before the Board on redevelopment interpretations and state that there are other impervious surfaces, not the structure, and they are not moving past those; therefore, they qualify for redevelopment. He stated he .believes it is a rare situation where the RPA will be on all three (3) sides of a property. Supervisor Bradshaw pointed out that no one has spoken in opposition to this request; however, citizens have supported the request of the applicant. He stated it is the responsibility of this Board to use a realistic approach and. not be a roadblock to citizens. Supervisor MacManus stated the complication he has is with the issue of consistency. He reminded the Board that two (2) years ago a request for a home to be built on a peninsula where there was a 100 foot RPA was denied by the Board. He noted that there are still some viable options for the 11 eoo~ 22 y~~~37g Conlons, such as ~ building on the existing footprint or going outside the 100 foot RPA. He stated he voted against the request two (2) years ago,. and he could not, in good conscience, vote. in favor of this request tonight. Chairman Clark pointed out that. the previous application was for an exception to the IZPA. He noted that the Board had made the right decision on than application because it did not qualify for an exception because there was buildable area outside the RPA. N Supervisor Bradby noted if more people had the same kind of concern for their families as the Conlons, there would not be a need for nursing homes. He noted he did not have a problem voting in favor of the application. Supervisor Wright stated if the. applicants built upward on their existing home or moved -their home further back on the lot he would have a problem with voting in favor of the application. He noted that the only way to protect the Chesapeake Bay is to keep structures out of the RPAs. Chairman Clark moved the Board approve the application of David L. and Debra F. Conlon. The motion was adopted by a vote of (3-2) with Supervisors Bradby, Bradshaw and Clark voting in favor of the motion, and Supervisors MacManus and Wright voting against the motion. Mr. Hartley presented afollow-up on the .design and installation standards .for the Resource Protection Area (1tPA) signage required by the Chesapeake Bay Preservation Area Ordinance. Section 4002 B.6. Supervisor Bradshaw moved that the Board direct Mr. Hartley to take the suggestions, as follows, for the signage requirements for the CBLAD Ordinance and draft a new set of regulations to be presented to the Planning Commission for their recommendation and presentation back to the Board: how the sign will be attached. to the tree the Ordinance should include that the sign,must be replaced when damaged,. lost or it deteriorates and who will determine when the sign must be replaced. ~, if steel posts are utilized, will the steel be paint resistant and how long will it have to be maintained will the posts be salt treated .the sign should be 3 x 5 in size 12 . `BOON 22 r~~~`•J7~ 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 Economic Development Report. Wade Taylor, Marketing Manager, presented a Resolution to Proclaim May 17-23, 2004. as Business Appreciation Week. He recommended that the Board adopt the Resolution. Supervisor ~MacManus moved the Board adopt the following Resolution: RESOLUTION TO PROCLAIM MAY 17-23, 2004 BUSINESS APPRECIATION WEEK WHEREAS, Isle of Wight County is pleased to have a thriving base of business and industry to support the local economy; and, WHEREAS, these businesses provide essential employment opportunities for the citizens of Isle of Wight County; and, WHEREAS, these businesses. provide local revenues from which the entire citizenry benefit; and, WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life in the area; and, WHEREAS, we recognize and appreciate these businesses. NOW, THEREFORE, BE IT RESOLVED THAT the Isle of Wight County Board of Supervisors hereby recognizes our existing businesses, and. by virtue of this resolution gives notice to our citizens that "Together We Make a Difference," AND, further, that the week of May 17-23, 2004 is Business Appreciation Week in Isle of Wight 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. Wade Taylor invited the Board to attend the Fifth Annual Business Appreciation Golf Tournament scheduled for Tuesday, May 18, 2004, at the I3 9001 ~~ ~;;''',c7U Cypress Creek Galf Club, beginning at 8:00 a.m. with a reception at 5:30 p.m. // Chairman Clark called for the Emergency Management Report. Richard O. Childress briefed the Board on the County's preparedness for the upcoming hurricane season, specifically as it relates to the lessons learned from Hurricane Isabel. // Chairman Clark called for. the Public Utilities Report. E. Wayne Rountree, P.E., Director of Public Utilities, presented a change order for a time extension for the Public Works/Public Utilities building for the Board's consideration. Chairman Clark moved that the Board approve asixty-one (61) day extension bringing the date of the contract to June 14, 2004 to J. R. Wills & Sons, Incorporated for the construction and expansion of a maintenance building for the Departments of Public. Works and Public Utilities. 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.. Donald T. Robertson, Assistant County Administrator, presented the Carrsville Fire bepartment structural repairs agreement for the Board's r consideration. Supervisor Bradshaw moved that the Board authorize, the Chairman to execute the Carrsville Fire Department structural repairs agreement on behalf of the County. 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. Anne F. Seward, Director of Budget and Finance, updated the Board on the bond sale that occurred yesterday. She noted that $166,000 was saved in the refunding with an average of $17,000 annually in savings. Ms. Seward presented the results of the County's surplus property sale. She requested that the Board authorize the donation of one (1) eligible i~ 14 806K ~2 r~'•~0~ vehicle to an authorized Isle of Wight United Way 501(c)(3) nonprofit organization. Supervisor MacManus suggested that in the future any vehicle that can no longer be utilized by the County be donated to a needy family in the area. Supervisor Bradshaw brought. to the attention of Ms. Seward that NACo/VACo has a surplus auction on the Internet. Chairman Clark moved that the Board donate one (1) eligible vehicle (1993 Mercury Topaz) to an authorized Isle of Wight United Way 501(c)(3) nonprofit organization. The motion was adopted by a vote of (4-1) with Supervisors MacManus, Bradby, Wright and Clark voting in favor of the motion, and Supervisor Bradshaw voting against the motion. Pursuant to comments by Supervisor Wright at the Board's previous meeting, Donald M. Long, Director of Public Works, briefed the Board on the issue of white goods and junk metal at the County's convenience center. Supervisor Bradby encouraged Mr. Long to advise the Board of items that are needed by the Department of Public Works to address the increased volume of refuse that has resulted from the increased growth in the County. Supervisor Bradshaw moved that the Director of Public Works perform an entire evaluation and provide the Board with a presentation at its June 3, 2004 meeting covering the entire Public Works Department equipment fleet, noting its current condition, to include a schedule for upkeep, replacement and upgrade, and provide the Board with recommendations, in order of priority. 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. Long and Gary Herrmann, Assistant Director. of Public Works, briefed the Board on the County's unmanned convenience centers, which are becoming a liability to the County due to envirDnmental concerns and unattractiveness. Mr. Long advised that SPSA has advised the County that it will begin citing the County for illegal items that are placed in the dumpsters at the various convenience centers. Supervisor Bradshaw moved that the Board. form a committee consisting of Supervisor Wright and himself to work with Mr. Long to develop a plan of implementation for all convenience centers in 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. Maston S. Parham, Director of Human Resources, presented a proposed revised Inclement Weather Policy for the Board's consideration. 15 . eao~ 22 ~x~?82 Supervisor MacManus moved that the Board adopt the revised Inclement Weather 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. Parham presented a proposed .Guidelines and Procedures for Emergency Response and Sheltering for the. Board's consideration. Supervisor MacManus moved that the Board adopt the revised Guidelines and Procedures. for Emergency Response. and Sheltering. 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. Robertson noted that he recently .met with members of the Transportation Safety Committee relative to that Committee's future function. He requested that the Board outline the .specific capacity that the Board would like for that Committee to function in so that their respective bylaws can be amended and returned to the Board for consideration. He noted that should the Board desire that the Committee cease to function, the Board would need to direct staff to take the appropriate action to dissolve the Committee accordingly. Supervisor Bradshaw moved that the Board direct staff to work with the Transportation Safety Committee; that the Transportation Safety Committee become a Transportation Committee; and, revise their bylaws with the focus to be based on preventive maintenance.. 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 Bradshaw moved the Board amend the regular order of the agenda in order to hear from Jerianne Gardner. The motion was adopted- unanimously (5-0). .Jerianne Gardner briefed the Board on the recent meeting held by the Isle of Wight Historical Society on May 2, 2004. She reported that the Society does not support the Tavern to be used for office space. She requested. that a copy of the report on Lawne's Creek be provided to the Society. She stated the Society encourages the Board to restore the Jordan home as the property is developed in the Benns Church activity. center.. She stated the Society is requesting the help of the County in creating a license plate utilizing the County's decal with the funds to be earmarked for historic preservation. She. requested the assistance of the County Attorney in the Society utilizing a logo with a banner stating "The Isle of Wight Historical Society." ~, i 1 16 aooN 2~..;,;;~ ~~~-3 Supervisor Bradshaw moved that the request be considered under New Business. The motion was adopted unanimously (5-0). Chairman Clark moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Clark called for Old Business. Debbie J. Sivertson, Administrative Analyst, stated pursuant to the Board's action, included in the agenda .are alternatives for disseminating information to the public with respect to County services. Supervisor MacManus moved that the Board direct staff to proceed with a twelve (12) page two-color document and staff is to accomplish this in a timely fashion. 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 .moved that staff continue with the Board's directive to print 5,000 Citizens Guides. 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. Anne F. Seward, Director of Budget and Finance, noted contained in the Board's agenda is a summary of responses to previous actions and pending items with respect to the Isle of Wight County General Operating and Capital Budget for Fiscal Year July 1, 2004 through June 30, 2005 (Tabled April 15, 2004). She stated she has distributed information on the meals tax implementation plan and tax relief for the elderly. Supervisor MacManus noted when the assessment is processed, the Board intends to address the issue of tax relief for the elderly. He noted that he was in favor of Option (3) in the amount of $95,000 to bring. the total combined income to $30,000 and the total asset to $100,000. Supervisor Bradshaw moved that the Board direct staff to move forward with Option (3) for the. real estate tax relief program and have it presented at the same time as the Board discusses the reassessment. 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 moved the. Board take a five (5) minute recess, which passed unanimously (5-0). 17 eooN ~2 ~a~-384. Chairman Clark moved the Board return to open session, which passed unanimously (5-0). Supervisor MacManus moved that the Board direct Ms. Seward to proceed; with the process for implementing the meals tax, the amount is to be consistent throughout the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in y favor of the motion, and no Supervisors voting against the motion. Chairman Clark clarified that the Commissioner of Revenue. is not required to come under the County's Pay and Classif cation Plan in order to receive funding from the County for the additional position in her Department. Supervisor Bradshaw requested that Ms. Seward place funding in the maximum amount of $110,000 in the budget for a Public Works boom truck. 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 Ms. Seward place $5,000 in the budget for Red Cross training, and that the Board must approve the disbursement. Supervisor MacManus noted. there is not a benefit to including the local .impact amount for the Isabel/Hazard Mitigation Grant at this time as an adjustment will have to be made when the State decides its budget. He requested staff to keep this issue on the list and Mr. Robertson to continue to pursue grant funding by altering. the County's application accordingly. Ms. Seward noted that she had incorporated $10,200 for the Informational Brochure and $3,850 for the Citizens Guide, as approved by the Board tonight. Supervisor MacManus stated the .school administration is agreeable with the County, per the letter dated April 9, 2004, taking the liability for $336,000 an potential health. claims that could potentially be incurred in the FY04-05 year. He recommended that the County ..assume this responsibility for $336,000 which does not raise the County's. budget amount, it is a liability that can be taken out of the County's reserve funding, if needed. He stated. the school administration has indicated that $600,000 will be available for returned funding that would. be utilized as funding for the next fiscal year 2004 to 2005. He further recommended that from the list of potential items from the school administration in the amount of $321,000, that the County. fund $150,000. He recommended holding off the funding of $100,000 for upgrades for information retrieval; $25,000 .for replacement of classroom carpet with vinyl tile; and, $46,000 for paperless School Board meetings. He 18 9QON ~!~ ~~c~3~J recommended that the Board adjust funding for the school administration from $20,406,000 to $19,962,000. County Attorney Stroman clarified that the Board is making a good faith statement of intent as to what may be done for .funds that are in the current fiscal year that you may or .may not take action on. He stated the Board cannot, at this point in time, commit itself to take this .action. Chairman Clark moved that the Board direct Mrs. Seward to include $200 for the General District Court line item for equipment. 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 Bradshaw requested Mr. Rountree to provide the Board with a report on the cost to contract out the replacement to the Carrsville water system at the Board's June 3, 2004 meeting. Mrs. Seward noted that she would come back to the Board with any needed modifications in accordance with State funding needed by the Board for the budget. Supervisor MacManus moved the Board adopt the proposed FY2003- 04 General Operating and Capital Budget in the amount of $67,645,027, with the adjustments, as specified, which would reduce the draw from the Fund Balance to $210,173. 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 New Business. With respect to the request of Albert Burckard under Citizens Comments concerning the James River Bridge Toll Booth, Chairman Clark moved that the Board direct Mr. Hartley to prepare a letter for signature by the Chairman to VDOT with the request that VDOT hold off on any immediate demolition pending staffs contact with them in conjunction with the three (3) citizens organizations. 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. Concerning the 2007 Activities, Supervisor MacManus suggested that he, Diane Woolley and Supervisor Wright attend a .Windsor Town Council meeting and make a .presentation to advise what the Town of Smithfield is anticipating to do and offer to mentor the Town of Windsor so that the Town can come up with its own project. 19 SOON G~ !hVts~O~ Chairman Clark requested.. Mr. Hartley to request that the archeologist employed by Lawne's Creek come speak to the Boazd regarding the findings at Fort Huger. Supervisor Bradshaw requested that the County Attorney report back to the Board on the conditions placed on the borrow pit that was approved in the past with respect to the Jordan home .being restored. With respect to the request of Ms. Gardner under Citizens Comments concerning the .Isle of Wight Historical Society to create a license plate utilizing the County's decal with the funds to be earmarked .for historic preservation, Supervisor Bradshaw moved that the issues .raised by Ms. Gardner with respect to license plates and the use of the County's logo be referred.. to staff, instead of the County Attorney, for review and recommendation back to the Board at a later time. 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 Bradshaw moved that the Board. direct staff to contact the County's members of the General Assembly and ensure that they have a copy of the May 4, 2004 letter from the Department of Emergency Management regarding their position that the project for elevation would not be forwazded to FEMA far funding and that the County solicit their support in having this. project move forward. The motion was. adopted by a vote. of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor r of the motion, and no Supervisors voting against the motion. !/ Chairman Clark called for Appointments. Supervisor MacManus moved that the Board reappoint Chairman Clazk to the Hampton Roads Planning District Commission Executive Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved that the. Board accept the resignation of Anita Runkel on the Beautification Committee. The motion was adopted unanimously (5-0). . Chairman Clark moved that the Board accept the resignation of Tom Meador on the Boykin's Tavern Advisory Committee. .The motion was adopted unanimously (5-0). Chairman Clark moved that the Board appoint Albert Burckazd to the Boykin's Tavern :Advisory Committee. The motion was adopted unanimously (5-0). 1 20 soon 22 rh:.~3$7 Chairman Clark moved that the Board reappoint Ms. Briley to the Blackwater Regional Library Board. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved that the Board appoint Gary Cofield to the Senior Services of Southeastern Virginia. The motion .was adopted unanimously (5-0). Supervisor Bradshaw moved that the Economic Development Strategic Planning Support Group be abolished based on the recommendation of the Director of Economic Development, effective June 30, 2004. The motion was adopted unanimously (5-0). // County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.7 to discuss the settlement of a legal claim against the County arising out of the denial of an exception under the Chesapeake I3ay Preservation Area Ordinance; under Section 2.2-3711.A7 to discuss a proposed settlement arising out of .actual litigation relating to a breach of a lease case in favor of the County; under Section 2.2-3711.A.7 concerning legal advice and presentations from staff concerning a legal matter and probable litigation concerning a water and sewer connection fee against the County; and, under Section 2.2-3711,A.1 concerning a personnel issue. Chairman Clark 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, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board return to open session. The motion was adopted by a vote of (5-0} with Supervisurs MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; 21 aoo~ 22 ~~c~~~8 NOW,.THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i)~ only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or :considered by the Board of Supervisors. VOTE. AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DUIEtING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Clark moved that the Board authorize the County Attorney to resolve the lawsuit involving the breach of lease on the terms that were discussed. 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 moved that the Board appoint Donald T. Robertson, Assistant County. Administrator, as the Acting Clerk of the. Board of Supervisors for the next twenty-four (24) hours. 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. // At 9:05 p.m., Supervisor Bradby moved. that the Board adjourn its meeting. The motion was adopted unanimously (5-0). ate: Stan D. Clark, Chairman ~ ~Q( T, ~ot~er~r~,-~ 22 1