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07-01-2004 Regular Meeting ~~~K ~[,~ ~tir~~~~ REGULAR,MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF JULY 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 Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 4:00 p.m. // Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark extended the Board's sympathy to the family of Larry O'Bryan, who served on the Planning Commission for a number of years. // Chairman Clark called for approval of the agenda. County Attorney Stroman requested that under Item (7), County Attorney's report, that a brief item be added on the litigation involving the Board of Zoning Appeals, as well as an additional item on the issue of signs for peddlers within the County; that under Item (11), Economic Development report, that an additional item be added to .consider a joint application with the City of Franklin and Southampton County for an Enterprise Zone Designation; and, that under Item (18), Closed Meeting, an additional closed meeting item be added concerning the acquisition of real property. Supervisor Bradshaw requested that under Old Business, an item be added concerning information from the Director of Emergency Management regarding the request for EMS first responder services at the County's fire 1 ao~N t 22 ~h:43~ departments, as well as an item concerning cash proffers for the Eagle Harbor rezoning; and, that under the Closed Meeting, that an item. be added concerning personnel issues requiring the advice of counsel, and an item concerning the evaluation of County employees. Supervisor Bradshaw moved that the Board approve the agenda, as amended. 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. /t Chairman Clark, called for Special Presentations. Sheriff C. W. Phelps briefed the. Board on the Sheriff's Homeland Security Committee, whose primary purpose is to assist law enforcement in the County in the event it should experience acts of terrorism. Evacuation procedures from the Tidewater and Peninsula areas are being evaluated and plans are being developed to implement procedures to reduce and. control the chaos resulting from a mass evacuation. /i Chairman Clark indicated the Consent Agenda. included the following items: A. Resolution of Appreciation to Dr. William E. Ward Upon the Completion of his Public Service Career u •~ B. Public Hearing Advertisement -Amendment to 04-05' Budget C. Resolution to Accept and Appropriate Local Law Enforcement Block Grant Funds from the Virginia Department of Criminal Justice Services D. Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate -Funds for the TRIAD Program E. Resolution Authorizing the Submission of a Grant Application and the Acceptance and Appropriation of Funds -From the Virginia Department of Criminal Justice Services F. Resolution to Establish A Public, Education and Government -(PEG) Channel Access Policy G. .Isle of Wight County Administration Building and Carrollton. Volunteer Fire Department -Construction and Renovation Progress Report 2 n 9ooN 22 rH437 H. Burwell's Bay Cleanup I. DEQ/Public Notice dated June 14, 2004 J. June 3, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor MacManus requested that Item (B), Public Hearing Advertisement -.Amendment to 04-OS' Budget, be moved to Item (H) Under Old Business. Supervisor Wright moved the Board adopt the Consent Agenda, as amended. 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 Bill Ward and Luke McCoy. were recognized at the recent meeting of the Southeastern Public Service Authority (SPSA). He further reported that SPSA has estimated that during the previous fiscal year it will have burned sufficient trash to generate steam and. electricity equivalent to $38.5 million dollars worth of fuel oil. Supervisor MacManus reported on various issues discussed at the most recent meeting of the Intergovernmental Relations Committee. Supervisor Bradshaw reminded the Board that the Local Government Officials Conference will be held in Norfolk on August 1, 2004. Chairman Clark reported that the Hampton Roads Planning. District Commission recently- discussed continuing transportation needs, lack of funding for transportation :needs and the effect the failure to provide for future transportation funding has on economic development, quality of life, and safety. // Chairman Clark called for Transportation Matters. Noting that the VDOT Resident Engineer would not be present until later in the meeting, Supervisor Bradshaw moved that the issue of cost overruns on Foursquare Road (Route 620) be moved to the last item under Old Business. 3 o eooa 22 ~M~~4~8 Jonathan W. Hartley, Director of Planning and Zoning, presented a request of the Camptown residents for a No Through Trucks zone in .the Camptown community. He requested. that :the Board direct him to proceed with advertising a public hearing on the matter. Supervisor Bradshaw moved that the Board direct staff to prepare an appropriate resolution and advertise a public hearing on this matter for the Board's August 23, 2004 meeting. 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 againstthe.motion. Mr. Hartley notified the Board that the candidate build alternatives for theRoute 460 Location Study include the Board's preferred corridor south of the existing Route 460, the existing alignment alternative with bypasses around the towns, and the alternative located just north of existing Route 460. He noted that these alternatives, along with the no build alternative, will be evaluated more thoroughly from an environmental, cultural resource and engineering perspective in order to identify the most appropriate route overall, followed. by a public .hearing on the Draft Environmental Impact Statement. and final selection of the 'preferred alternative by the Commonwealth Transportation Board. Supervisor Bradshaw requested the status of Dukes Lane, specifically if it has been taken into the State's road system. Mr. Hartley advised that all right-of--way issues have been resolved, although he does not know when VDOT .intends to begin construction.. He noted that he has not received written confirmation that Dukes Lane has .been taken into the. State's: system. // Chairman Clark called far Citizen's Comments. Major Timothy Boylan of Smithfield requested that the gifted and talented program in the County's school system be expanded through additional funding. Debra Proctor spoke in support of additional funding for the school system for special needs services. Maggie Richards of Mt. Holly Creek Lane requested that the Board enact a nuisance ordinance applicable to animals, noting that a pit bull in her neighborhood chases her children into her neighbor's: home. i 4 i 1 . eoaK 22 ~h~~439 County Attorney Stroman noted that following a meeting between the Assistant County Administrator and the Animal Control Officer, he would provide a report back to the Board, Supervisor Bradshaw moved that the above item be further discussed under New Business. The motion was adopted unanimously (5-0). Herb DeGroft suggested that the Board place some of the funding that the County will be receiving from the State into a VDOT line item for use at a later date. IJ Chairman Clark called for the County Attorney's report. County Attorney Stroman .addressed the issue of the County Code provisions relating to peddler's- licenses. He advised that State law permits localities to charge both a license fee and a license tax. Supervisor Wright recommended that farmers selling produce be charged a lower fee than peddlers selling items such as t-shirts and shoes. Chairman Clark noted it is a serious problem because there are those individuals with- businesses in the County that are paying significant taxes and have a significant investment in the County are competing with peddlers who have no investment in the County and who contribute a negligible amount of tax revenue. County Attorney Stroman advised that there could be exemptions for certain categories of items. He further advised that the Board does have the ability to make an adjustment of the tax structure as it applies to selling produce versus other products. County Attorney Stroman recommended that the issue of sign provisions that apply to peddlers for profit be referred to staff for presentation to the Planning Commission for consideration of an amendment to the Zoning Ordinance. He noted he would bring a report back to the Board on the use of temporary signs with recommendations for changes. Supervisor Bradshaw moved that the Board discuss the issue of signage further under Old Business. The motion was adopted unanimously (5-0). Supervisor MacManus moved that the Board direct the County Attorney to prepare an amendment to be brought back to the Board for consideration to the County's Zoning Ordinance that takes the tax approach and a fee increase with consideration given to farmer's products. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, 5 eooK 22 ~„~:440 Bradshaw, Clark and Wright voting in favor of the. motion, and no Supervisors voting against the motion. ' // . At 5:00 p.m., Supervisor Wright moved the Board amend the regular order of the agendaand conduct the .public hearing. The motion was adopted unanimously (5-0). /l Chairman Clark called for a public hearing on the following: Lease to the Peninsula Metropolitan YMCA for the Home Economics Building County Attorney Stroman presented a proposed lease to the Peninsula Metropolitan YMCA for the period July 2, 2004 through August 27, 2004 for the sum of $1 to allow it to lease the Home Economics Building for purposes of a childcare center. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Lease. No one appeared in favor or in opposition. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw noted his position is that all leases should be at market value.. Supervisor Wright moved .that the Board approve the lease to the Peninsula Metropolitan YMCA for the period July 2, 2004 through August 27, 2004 for the sum of $1 to allow the organization to lease the Home Economics Building for purposes of a childcare center. The motion was adopted by a vote of (4-1}with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the .motion, and Supervisor Bradshaw voting against the motion. // . Supervisor Bradshaw moved the Board return to the regular order of the agenda.. The motion was adopted unanimously (5-0). // i 11 ~I 1 b aooK 22 ~r~:441 Chairman Clark called for the continuation of the County Attorney's report. County Attorney Stroman presented an agreement with Kaufman. & Canoles for real estate foreclosure services which he has revised and recommends the Board approve. He .noted the change references earlier agreements going back to 1991, and specifies that this is a freestanding agreement.. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Agreement with Kaufman &Canoles for real estate foreclosure services,. as revised by the County Attorney. 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 reported that the Board of Zoning Appeals' appellant has agreed to dismiss the appeal, and. he is hopeful that an agreed Order will be tendered. He noted that there is yet another avenue that the appellant may pursue in that the appellant can go through the Director of Planning and Zoning. He noted that the Board of Zoning Appeals. did act properly in denying the variance. // Chairman Clark called. for the Community Development Report. Mr. Hartley presented a request from Attorney Riddick on behalf of Newhall Construction to vacate a portion of the right-of--way for Lot 28, North James Landing Court. He recommended that the Board authorize staff to schedule a public hearing on the matter. Chairman Clark requested that staff take action to ensure that the Gatling Pointe North Homeowners Association and every property owner on this street is notified accordingly. Supervisor MacManus recommended that 1VIr. Hartley advise Attorney Riddick that the County would like compensation for the 600 square feet of property being vacated. Chairman Clark moved that the Board direct .the County Attorney to prepare the necessary ordinance and authorize the Department of Planning and Zoning to advertise the. matter for public hearing at the Board's August 23, 2004 meeting at 7:00 p.m. to allow the Director of Planning and Zoning additional time to have discussions with Attorney Riddick on compensation issues pertaining to the 600 square .feet of property being vacated by the County. The Director of Planning and Zoning should also ensure that the Gatling Pointe North Homeowners Association and every properly owner on 7 eooK 22 ~N~t442 this street be notified. 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 Supervisors voting against the .motion. // Chairman Clark called for the Parks and Recreation Report. Alan S. Nogiec, .Director of Parks and Recreation, noted that as part of the FY2003-04 Capital Improvements Program, the Department of Parks and Recreation is in the process of developing .the first phase of the Central County .Park project. He stated that Parks. and Recreation staff did not secure an estimate from the engineering firm prior to the project being bid, resulting in bids being received in excess of the budgeted .amount of approximately $1,500,000. He stated as a result, staff has now met with the. engineering firm and modified and reduced the scope of work to include clearing and grubbing, initial grading and development of the .entrance road, which is to be provided through the Recreation Access .Road Grant. He requested that the Board authorize an additional allocation to this project of $423,150, utilizing the. funding amounts that were generated by the sale of timber and the Recreation Access Road Grant when these funds are received. Supervisor Bradshaw moved that the Director of Parks and Recreation. meet with the Director of Budget and Finance to work out the finances and provide a report at the Board's July 22, 2004 meeting entailing the financing of this project, o include a detailed history of this- section of the phase, and to include the necessary resolutions.. 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 noted the appearance of the VDOT Resident Engineer in the audience .and moved that the Board -revert back to the Transportation. section of the agenda to discuss transportation issues. The motion was adopted unanimously (5-0). MacFarland Neblett, VDOT Resident Engineer, addressed the Beard on cost overruns associated. with the Route 620 project. A Supervisor Bradshaw moved that the Board establish a committee comprised of himself, County Administrator Casket', the Director of Planning and Zoning, and other appropriate County staff, and .that a meeting be scheduled with Constance Sorrell, VDOT Interim. District Administrator to discuss the concerns regarding Four Square Road and Route 620, and that it is the Board's. position that the County should. not be held responsible for the cost overrun by VDOT in the amount of $1.2 million. The motion was adopted by a vote of (5-0) :with Supervisors MacManus, .Bradby, Bradshaw, 8 !t aooK 2~ ra~r443 Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to the delay of Duck Town Road, Supervisor Bradshaw requested that Mr. Neblett go on record with the newspapers that information was not correct when it was published, and that the County's citizens be reassured that the County's road projects are still on target. He stated it should be documented that there has been a change in position with VDOT, and that these statements were incorrect as the VDOT Resident Engineer does not have the authority to change the County's Six-Year Plan, as already approved by the Board. Supervisor Wright informed Mr. Neblett that the contractor working on Shiloh Drive has cut ditches across the road, that the project is improperly. marked, and that there are no lights. Mr. Neblett offered to contact the contractor about these concerns, as well as similar concerns he has received on Lovers Lane and one (1) ocher road in the Town of Windsor. Chairman Clark inquired about the status of the VDOT-owned property. at Bartlett. He requested that Mr. Neblett advise the Board of the selling price for that parcel, and that, in the future, he inform the County about any excess or surplus VDOT property for sale. Mr. Neblett advised Chairman Clark that negotiations are complete, and he would verify that the procedure followed by VDOT was in accordance with proper policy and procedures. Chairman Clark inquired about the VDOT Tollbooth at the James River Bridge. Mr. Neblett stated he understands that VDOT is proceeding with demolition of the building because of its existing condition and because it contains certain hazardous materials. He stated the parking area will continue to be used for law enforcement agencies and the storage of VDOT- owned vehicles. He noted he is not aware if a fence will be installed. Chairman Clark moved that the Board direct the County Administrator to direct the appropriate County staff person to obtain from VDOT the applicable VDOT policy sections that apply to the Bartlett property transfer, and to have staff contact Mike DangerfieldNDOT to determine what VDOT's plans. are for the tollbooth property at the James River Bridge. 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. // 9 } eoAK 22 fa~444 Supervisor Bradshaw moved that the Board revert back to its regular order of the agenda. The motion. was adopted .unanimously (5-0). // Chairman Clark called for the Public Utilities report E. Wayne Rountree, P.E., Director of Public Utilities; stated pursuant to the Board's direction at its June 3, 2004 meeting, included in the agenda is a report. detailing the estimated cost to replace the Carrsville water distribution system utilizing in-house staff at an approximate cost of $277,000. He noted that staff .anticipates it will take approximately nine (9) months to complete this project. Supervisor MacManus noted it was his understanding from the Board's discussion that staff was to look in-house and possibly hire one (1) person, and oven a three (3) year period be in a position to complete the job.. He stated. he did-not anticipate adding three (3) additional staff members to the Department of Public Utilities next fiscal year. Supervisor Wright noted. that he preferred the work to be done in-house and that the equipment, which is needed by the County anyway, could be utilized as needed. Chairman Clark noted that the County does not presently have any of the equipment necessary to clean out drainage easements, and any equipment purchased could be shared between Public Utilities and Public Works. Supervisor MacManus suggested spreading the project over the next two (2) fiscal years, beginning. the project in early 2005. He recommended funding $140,000 this, fiscal year and $150,000 the following fiscal year. Supervisor Bradshaw moved that the Board direct the Director of Public Utilities to bring a proposal back (limit of $100,000) to the Board to have the utility construction work done in-house, and discuss with the Director of Public Works future plans for the employees and what can be done with the equipment after this project is completed. 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. Mr. Rountree briefed the Board on the history of the Windsor sewer system.. He noted that the Town of Windsor getting into the sewer collection business would have a serious' impact on the County's prior investment of approximately $6,000,000 in the vacuum sewer system to serve the Town of Windsor, which was requested by the Town due to a large number of failing septic systems and the amount of vacant property in the Town which would 10 n ~~ ~ a w f sooK 22 r~~:t44 not .support septic tanks and drainfields. He noted that Town residents were allowed to connect to the new sewer system at a reduced fee of $500 per connection, .which generated approximately $470,000 income to the County, and that it was anticipated that this significant investment by the County would be repaid by future development. Supervisor MacManus moved that the Board direct staff to prepare a detailed report on .the cost burden and the forecast. for payback for the sewage system .that is currently supporting the Town of Windsor so that the Board can have staff contact the Windsor Town Manger, and bring the information to this Board, by its September 2, 2004 meeting so that the County is in a position to properly represent the Board's viewpoints during the September 13, 2004 Intergovernmental Committee meeting. The report should include the historical information of projections of revenue and anticipated payback. 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 the Economic Development report. Patrick J. Small, Director of Economic Development, requested that the Board approve the joint application with the City of Franklin and Southampton County for an Enterprise Zone Designation and that he be authorized to extend an invitation to the Towns of Smithfield and Windsor. He stated this will be a designated area wherein the State targets tax credits for employers to locate or expand their businesses and hire residents from these areas. Supervisor Bradshaw moved. that the Board authorize staff to partner with the City of Franklin and Southampton County on the application and extend the .opportunity to join in this application with the Towns of Smithfield and Windsor. 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 further moved that the Board .authorize the Director of Economic Development to pursue reestablishing the Economic Development Committee consisting of the three (3) localities of Isle of Wight, the City of Franklin, Southampton County and the possibility of the City of Suffolk, to discuss economic advantages of the area, and report back to the Board. The motion was. adopted by a .vote of (5-0) with Supervisors MaclVlanus, Bradby, Bradshaw, Clark and Wright .voting in favor of the motion, and no Supervisors voting against the. motion. Mr. Small presented the Economic Development Strategic Plan for the Board's consideration. He noted abroad-based constituency reviewed the 11 gouts 22 G~~.446 Plan, which is aself-assessment of the. County, where the County stands, and how the County stacks up. He noted the Plan provides a basis for moving forward with addressing the County's weaknesses and capitalizing on its strengths. Chairman Clark moved that the Board adopt .the Strategic Plan for Economic Development as the principal guide for activity in the Department of Economic Development. 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 the Emergency Management report. e Richard O. Childress, Director of Emergency Management, presented two (2) change orders for the Carrollton .Fire Station expansion and p renovation, specifically relating to the road improvement crossover in front of the fire station and the materials needed for undercutting the parking area. f s Brian Camden, Architect, advised the Board that he did not foresee any future change orders with respect to site work, but there may be some smaller change orders as the contractor is in the final stages of .completing the renovation. Supervisor MacManus moved the Board authorize the Chairman to execute Change Order # 11 in the amount of $13,566.45. and Change Order # 12 in the amount of $158,934.91. The motion was adopted by a vote of (4- 0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; .and, Supervisor Bradshaw absent for the. vote. // Chairman Clark called for the County Administrator's report. County Administrator Caskey requested that the Board make its recommendation for the Hardy, Windsor and Carrsville Districts .Board of Equalization members. Supervisor Wright .moved the Board recommend Rebecca Rose Gwaltney (Mrs. W.A. Gwaltney, Jr ), representing the Windsor District, to the Circuit Court Judge for appointment to the Board of Equalization. The motion was adopted~unanimously (5-0). Supervisor.Bradby moved the Board recommend James Ronald Ford, representing the Hardy District, to the Circuit Court Judge for appointment to the Board of Equalization. The motion was adopted unanimously (5-0). 12 1 1 D aooh 22 rh~:447 Supervisor Bradshaw moved the Board recommend Ronald Whitley, representing the Carrsville District, to the Circuit Court Judge. for appointment to the Board of Equalization. The motion was adopted unanimously (5-0). County Administrator Caskey presented a quarterly update of Action Steps for the Board's information. I-~e noted the Board, at its retreat in January, 2004, discussed a need for a second retreat during the year with staff. He requested the Board's direction in this regard. Supervisor Bradshaw recommended that, based on ongoing projects within the Department of Planning and Zoning, that the Board continue to focus on one (1) retreat to be held in November, 2004. Supervisor MacManus concurred with Supervisor Bradshaw. He noted that he wants the Zoning Ordinance completed and adopted in the 2004 timeframe. Supervisor MacManus moved-that the Director of Planning and Zoning be directed to convey the message to the Planning Commission that the Board would like to see the Zoning Ordinance provided to the Board in two (2) months and, if there is difficulty in providing this to the Board in two (2) months, that they advise the Board what it can do to help get it done. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus requested the status of the PDR. Mr. Small stated the objective listed in the Strategic Plan is to establish a land trust; however, the Board's direction to staff was to pursue the PDR program first. He stated a draft PDR Ordinance should. be forthcoming to the Board in the September, 2004 timeframe. He stated staff strongly recommends that the Board direct staff to pursue the land trust, which is equally important to the objective of this Department.- County Administrator Caskey presented a change order for the Administration Building for the Board's consideration which has been reviewed and recommended by the County's construction. management. team. Supervisor Wright inquired the reasoning behind the change order. Mr. Camden noted that the architect prepared the specifications which went out to bid. He noted in order to meet the shingle. manufacturer's warranty on the shingles, the plywood must be changed. which is considerably more expensive. 13 e~ooN ~ 22 ~~~t448 County Attorney Stroman noted that it does appear to be an error on the. part of the architect and the County would be putting the architect on notice of this error pursuant to the County's contract. He further .noted that the Director of Budget and. Finance is to advise him what amounts are outstanding to the architect so that they can. be withheld until the end of the project, when he will discuss this error with the architect. Supervisor Bradshaw noted that he did not support the project originally, and he could not support approval of the change order. Supervisor MacManus moved that the Board. approve the change order # 1 to he construction .contract with O.K. James, .Inc. in the amount of $16,659.22. The motion was adopted by a vote of (4-1) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion, and Supervisor Bradshaw voting against the motion. County Administrator Caskey stated for the Board's consideration is the issue of merit increases for County employees, to be effective July 1, 2004. He noted. staff recommends that the Board authorize staff to proceed with the. distribution. of a 3.5% merit adjustment, 4 A Supervisor MacManus strongly encouraged that merit increases be put back into the process, and that in the future they only. be given when earned . to provide financial incentives. to employees. He encouraged staff to have a broad diversification of merit to reward top performers accordingly so that they are motivated to continue the good work they provide to the citizens. Supervisor Bradshaw spoke in opposition to a 3.5% merit increase across-the-board, and recommended that increases only being given based on performance. Supervisor MacManus moved that the Board .authorize staff to proceed with distribution of a 3.5% adjustment effective with the .July 15, 2004 payroll processing. 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 Old Business. A. .Final Report/Pay and Classification Plan/Palmer & Cay (Tabled June 17, 2004) Supervisor Bradshaw moved the Board direct the Director of Human Resources to review the following three (3) options withregard to the twelve (12) year .cap: fund the ten (10) affected- employees 100%; phase in the funding over several years; or, provide a one (1) time compensation. The 14 i t R eaox 22 ,H~r4~,~ Director of Human Resources is to come back with additional compensation alternatives for the ten (10) affected employees. 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. ~i Supervisor Bradshaw moved the Board take a five (5) minute recess, which passed unanimously (5-0). /! Supervisor Bradshaw moved the Board return to open session, which passed unanimously (5-0). // Chairman Clark called for the continuation of Old Business. B. County Strategic Plan Update/Section 8, Step D.1, D.2 (Tabled June 17, 2004) ~ ~ Supervisor Bradshaw advised George Kindred, Parks and Recreation, that additional research and further evaluation needs to be done so that buildings that have been excluded are not done so arbitrarily. He requested a more thorough analysis be performed that encompasses the entire County. He noted that information needs to be expanded with more detail with respect to people and cultures. He specifically stated he .wanted to know where the different minority groups and recreation groups are, and who is being catered to and who is not. C. Tyler's Beach Boat Harbor Supervisor Bradby notified the Board that he had. been notified by a citizen that the Virginia Department of Game and .Inland Fisheries had removed its signage at the Tyler's Beach Boat Harbor and advised the fishermen in that area that the County was not doing its part. County Administrator Caskey reminded the Board that the Director of Parks and Recreation had been directed to provide the Board with an update of the.. cost to the County relative to upkeep maintenance and any improvements at the Tyler's Beach Boat Harbor. He further reminded the Board that the Virginia Department of Game and Inland Fisheries had notified the County in writing that in six (6) months it would vacate the site, take down its signs and .the Department would not have any further involvement at the site. He noted if the signs have been removed as reported by Supervisor Bradby, the signs have been removed prematurely. 15 eoow 22 fh~:450 Alan S. Nogiec, Director of Parks and Recreation,.. noted that he contacted the supervisor over the maintenance of the facilities to inquire why the signs were removed, and he was advised. that he had received several complaints and therefore directed his staff to remove the signs. He stated that the Virginia Game and Inland Fisheries did not notify. him that the signs were being removed today. Chairman Clark moved that the Board direct staff to invite the appropriate representatives from the Game ,and Inland Fisheries address the Board at its Monday, August 9, 2004 meeting to explain why that Department is backing out; why when it is backing out that the Department advances its schedule to remove the signs; why the County is helping to maintain Ragged Island; and, why the Department has have made a statement E that it is moving out because the County is not helping. 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. } D. Fulgham Library/Fulgham Bridge Chairman Clark noted that the agenda contained afollow-up report for the Board's information on the request of Mr. Fulgham, whose family previously operated a ferry service in the County many years ago, to name the bridge the "Fulgham" Bridge and his desire to have involvement in the naming.. of a building at any new work center or addition to the Paul D. Camp Community College. County. Administrator Caskey noted that staff, through contact with the Fulgham family, learned that there is already an existing bridge that carries that name. He noted that the family's desire is to have involvement in the naming of a building at any new work center or addition to the Paul D. Camp Community College. E. Formation of the Isle of Wight Architectural Survey Committee (Tabled June 17, 2004) County Administrator Caskey stated pursuant to the Board's direction, staff has developed the foundation of what-the work group will consist of to conduct the architectural survey. Supervisor MacManus moved that the Board. consist of five (5) individuals (one from .each election dis±rict) appointed by the Board of Supervisors; two (2) at large members appointed by the Committee itself; the Planning and Zoning Director, the Tourism Director, the Museum Curator and the Assistant to the County- Administrator. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and 1 1 I6 9ooa 2? .~~:~~1 Wright voting in favor of the motion, and no Supervisors voting against the motion. " F. ,Fluoridation Grant Funding County Administrator Caskey stated included in the agenda is a Letter of Request for funding by the Virginia Department of Health, Division of Dental Health, which staff recommends the Board approve. Chairman Clark moved that the Board authorize approval of the Letter of Request dated July 2, 2004 and addressed to Dr. Lisa Syrop, Division of Dental Health. 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. G. Carrsville Volunteer Fire Department/First Responder with EMS Mr. Childress stated staff has researched -and determined that the County has. not provided any funding to the Carrollton Volunteer Fire Department when their first response began. He stated staff did find that the County allocated funds for the purchase of an ambulance in the amount of $75,000 and that the fire department had received a Rescue Squad Assistance Fund grant to make up the difference. Supervisor Bradshaw moved that the Director of Emergency Management be directed to continue to research and set up a program to follow as to how other departments .are moving into this direction. 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. H. Eagle Harbor Proffers Concerning the issue of Eagle Harbor proffers, Supervisor Bradshaw moved that the Board direct the Director of Planning. and Zoning that when reports are provided at each level of the proffers that they be provided to the Board. 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. I. Public Hearing Advertisement -Amendment to 04-OS' Budget (moved from Consent Agenda) Supervisor MacManus recommended that the Director of Budget and Finance be authorized to amend the budget to accept the .change in debt service; allocate $100,000 for the. Carrsville water system (Public Utilities); and, advertise the budget accordingly. The motion was adopted by a vote of 17 yeoo~ 22 ~~~452 (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark end Wright voting in favor of the motion, and no Supervisors voting against the motion.:.. Supervisor Bradshaw moved that-,the Board direct. the Director of Budget and Finance. to bring back at the Board's July 22, 2004 meeting recommendations and final information regarding tax relief for the elderly. 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. J. Temporary Sign Ordinance Supervisor Bradshaw reminded Mr. Hartley that the Board directed him at a previous meeting regarding temporary signs. Chairman Clark requested that Mr. Hartley research the issue that peddlers, under the current Zoning Ordinance, are allowed to use hand- written signs, but establishments have to have more expensive signs located further back from the roadway. Supervisor MacManus noted when this is addressed in the Zoning Ordinance that will be presented to the Board in two (2) months, he would. like to see it have the quality of the City of Williamsburg's ordinance. !/ Chairman Clark called for New Business. County. Attorney Stroman addressed the concern of Maggie Richards under Citizens Comments. He noted that Section 3-24 of the County's Ordinance addresses the issue of dangerous dogs and it would be deemed an attack in a situation in which an animal has chased an individual into a home. Mr. Robertson suggested that the Board allow him an opportunity to meet with the- Animal Control .staff and bring a report and recommendation back to the Board at its July 22, 2004 meeting. Supervisor Bradshaw inquired if the County's Animal .Control Department has sufficient manpower to address the needs in the County. Mr. Robertson noted additional manpower is needed in the Animal Control Department. Waverly Traylor, Animal Control- Officer, noted .there is a .severe problem in the County with the control of dangerous dogs. He noted that once an Animal Control Officer makes a determination that a particular dog is dangerous, the Officer must present his. evidence to a Magistrate, who issues a subpoena for the dog's owner to appear in court, wherein the Officer 4 18 1 1 eooK , 22 r~::~4~3 presents his case to a judge, who makes a determination of whether or not a particular dog is dangerous. He stated if the dog is determined to be dangerous, it may be released to its owner, who is ordered to confine the dog in a kennel that is escape-proof. He stated if the dog leaves the .owner's property, it must be on a lease with an adult, and- it must be muzzled. He stated the owner must also procure an insurance policy on the .dog at a minimum of $50,000. He stated in all seventy-five (75) cases of dangerous dogs in the past year, the .dogs were surrendered to Animal Control -and. euthanized. Supervisor Bradby reported that there is a pit bull in -the Rushmere area that is frightening the residents in the community and keeping them from getting mail from their mailboxes. Mr. Traylor advised Supervisor Bradby that he only has authority to pick up animals that do not have tags; however, this particular pit-bull has his rabies shots. and County tags. He noted that he has spoken. with the dog's owner on several occasions. He further noted that he has .spoken with the Rottweiler owner in Carrsville today and explained that just because the dog sits on her porch and scares her does not give .him the authority to pick the dog up, but that he will be checking to determine if the dog has his tags. He stated there is a $6 impound fee .and $S per day .room and board charge for all animals picked up by Animal Control. Supervisor Bradshaw moved that staff proceed to .review the fee structure for impoundment, room and board, and staffing issues, and consider a nuisance ordinance and report back to the Board at its September 2, 2004 meeting on how this issue can be addressed from a total package. 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 advised that State law allows for cases to be brought directly to General District Court versus the Animal Control Officer first going to a magistrate and, if approved, then to General District Court, as stipulated by County code. He noted he would remove the magistrate requirement so that these cases can be brought directly to Court. Supervisor MacManus directed that staff correspond with Ms. Richards and Mr. Barns advising that the Board is taking action to investigate different aspects to address the problems. Supervisor MacManus, in response to a call from an individual who currently houses his luxury boat in the County, requested that staff do a comparison of what the County's tax is for boats versus what is charged for luxury boats in neighboring localities. !/ 19 P soak 22 r~:~454 Chairman Clark called for Appointments. Chairman Clark moved the Board reappoint .Duke Vanselow, representing the Newport District, on the Parks and Recreation Advisory Committee. The. motion was adopted unanimously (5-0). Supervisor MacManus moved the' Board appoint Harry Dashiell to serve on the .Architectural Survey Committee. The motion was adopted unanimously (5-0). Chairman Clark moved the Board. appoint Albert Burckard to serve on the Architectural .Survey Committee. The motion. was adopted unanimously (5-0). Supervisor Bradshaw moved that the Board appoint Brenda A. Anderton, representing the Carrsville District, to serve on the Beautification Committee. The motion was adopted unanimously (5-0). Supervisor Bradby moved that the. Board appoint .Alison Gale, representing the Hardy District, to serve on the Beautification Committee. The motion was adopted unanimously (5-0). // County Attorney Stroman requested a closed meeting. concerning an economic development matter for which there has been no prior public announcement .under .Section 2.2-3711.A.5; a codes compliance .matter involving probable litigation and requiring advice of counsel and briefings by staff under Section 2.2-3711.A.7; a personnel matter relating to the County Attorney under Section 2.2-3711.A.1; acquisition of real property where the discussion in open session would jeopardize the bargaining position of the Board under Section. 2.2-3711.A.3; a personnel .matter .also requiring the advice of counsel and a personnel matter involving an evaluation of County employees under Section 2.2-3711.A.1 -and A.7 of the Freedom of Information Act. .Chairman Clark moved the Board .enter the closed meeting for those reasons stated. 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 moved the Board return to open session. 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. Supervisdr Bradshaw moved the Board adopt the followingResolution: 20 1 i -~ i -~ f 1 ! ~ aooK 22 ~H~t455 CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance .with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE 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 DURING VOTE: 0 ABSENT DURING MEETING: 0 // At 10:10 p.m., Supervisor Bradby moved tilat the. Board adjourn its meeting. The motion was adopted unanimously (5-0). r.,.., D. Clark, Chairman 21