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09-02-2004 Regular Meeting1 ~A~k . .~:-~ ra~~37' REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS :HELD THE .SECOND DAY OF SEPTEMBER 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. // // 1 1 // Supervisor Wright delivered the invocation. The Pledge of Allegiance was conducted. Chairman Clark called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda, as follows: Under Special Presentations, add Item (A), a presentation by John Skirven. .Under the County Administrator's report, remove Item (3), Septic System for the New Administration Building. Under County Administrator's report, add an item pertaining to a public hearing on the County's tax rate. . Under Old Business, add Item (F), drainage issues reported by Henry Cassell. Under Closed Meeting, add one (1) personnel matter. 1 Under New Business, add a matter pertaining to a recent article in the Daily Press concerning. volunteers/disaster preparedness. Supervisor Wright moved that the Board .approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations. John Skirven, Executive Director, Senior Services of Southeast Virginia, and Lawrence Owes, President, Board of Directors, Senior Services, .presented Supervisor Bradby with a letter and.: Jefferson Cup expressing their appreciation and recognition of Supervisor Bradby's twenty- four (24) years of service to that agency. Mr. James C. Adams, Capital Programs Director, Virginia Department of Game and Inland Fisheries, addressed the Board concerning the recent inaccurate media reporting about the relationship between .the State and the County with respect to the Tyler's Beach -Boat Harbor facility. He noted that he is interested in future. plans for the site so that the boating public can be better served. In response to Supervisor Bradby's inquiry about when the signs would be replaced at the harbor, Mr. Adams offered to contact Mr. Robertson and advise when the signs would be reinstalled. Carrol A. Russell, Service Planning Manager, Hampton Roads Transit, addressed the Board concerning. the overall operations of the Hampton. Roads Transit, and the .funds received by that organization to provide. transportation services.. in the bounty, which are scheduled to begin on Tuesday, September 7, 2004. Supervisor MaeManus requested .that Ms. Russell send HRT's advertisements to County Administrator . Caskey for inclusion on .the County's public. access channels. He further requested -that Ms. Russell forward statistics. to the County Administrator on a quarterly or semi-annual basis to determine. if there is a need to further encourage ridership. William .Bell, Secretary, Electoral Board, requested that the Board consider, as a County policy, an extra day's annual leave be granted to any employee who staffs the polls during an election. Chairman .Clark advised. Mr. Bell that the. Board would discuss the Electoral Board's request -later under New Business. 1 1 1 2 BOON ~7 ~;::~~ ~~~ Mr. Bell brought to the Board's attention that there are currently 4,500 voters in both Smithfield and Carrollton. He recommended that the Board begin to give consideration to the upcoming need for new polling locations in the Smithfield and Carrollton districts as 5,000 individuals voting at a precinct in a presidential election requires that a precinct be divided. Mr. Bell advised the Board about a Federal mandate under the Help America Vote Act of 2002 which will require that a Direct Read Electronic System (DRE) be installed in each polling place in the County by January, 2006. He stated there are sufficient funds available now to purchase the mandated .one (1) box, but he needs to know. how the Board ..wishes to proceed with the purchase of the remaining boxes. He stated that the County could either keep the current equipment, and proceed with the new piece of .equipment which has already been funded, or the County could use the funds provided to buy new DRE's for all precincts, and the existing equipment can be sold back to the vendors. Supervisor MacManus noted that funds have not been included in the budget for new equipment purchases, and he would recommend that staff provide the Board with a recommendation on the current condition of the voting equipment, and its life expectancy. Supervisor. Bradshaw moved that the Board direct Donald Robertson, Assistant County Administrator, and Anne Seward, Director of Budget and Finance, and the members of the Electoral Board to review and make a recommendation with respect to the current condition of voting equipment, and the life expectancy of same with reference to the .capital budget to ensure that the County meets federal mandates on voting equipment. 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. Judy Wells, Treasurer, .addressed the Board on improved collection procedures for delinquent taxes within her office. She recommended that the Board advertise the delinquent taxpayer list in the local newspapers. Supervisor MacManus moved that the Board provide funding for the advertisement of delinquent taxes in the newspapers for a period of the two (2) most recent tax years, and allow the Treasurer to handle any associated logistics for having apre-notice advertisement. The motion was adopted by a vote of (5-0) .with Supervisors IV1acManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark requested the Treasurer to bring back write-off procedures for personal property to the Board for its review. 3 ao~M 22 rav~540 Mr. Macl~arland Neblett, VDOT Resident Engineer, and .Joseph Lomax, VDOT Assistant Resident Engineer, briefed -the. Board on the status of the Route 620 road project.. He noted VDOT staff is the process of reviewing past projects in the County in an effort: to identify any surplus funds that may be available. for transfer to .finance the $1.3 million dollar overrun deficit on the Route 620 road project. He advised that the Route 620, Rescue Bridge and the roadway are not in the .Six-Year Plan, and staff must send him a letter requesting that these projects be placed in the Six-Year Plan, as well as the allocation reductions that carne down~from the State, as previously discussed. Supervisor Bradshaw requested an explanation on how the surplus funds were found. Mr. Neblett explained that when VDOT changed over to its new.. financial management system,. some of the balances .were .incorrectly. reported, and staff found some of the -inaccuracies through a reconciliation of those accounts. Mr. Lomax noted that the Six-Year ,Plan needs to be updated as it contains figures that do not reflect what VDOT is doing. He promised to advise the Board as_the projects are updated so that there are no surprises and the funds are accounted for in the future. } 1 ~~ Supervisor Bradshaw :recognized the recent efforts initiated by VDOT staff to find thefunds to cover the cost overrun on the Route 620 project. He recommended that -the Board still proceed with pursuing funding from the State for the cost overrun, as what .happened on this project needs to be addressed by the State. rather :than the. County depending on the local residency to .help find funds to cover the cost. He stated a lot of roads could be paved with the funding that was found. Supervisor MacManus encouraged. Mr. Lomax and ` Mr. Neblett to continue their search for surplus funds within other project line items, and report back to the Board on .the cumulative total of surplus. funds identified.- Supervisor MacMarius requested .that. Mr. Lomax and Mr. Neblett provide the. Board with a: report outlining the actual costs allocated to the Four .Square Road project (Route. 620), versus any costs that might be associated with improper management. Supervisor MacManus requested that Mr. Lomax provide staff with the specifics to address. the County's adjustments on the Six-Year Plan with respect to the Route 620 and Rescue Bridge projects, Supervisor MacManus requested the projected .completion date for the Rescue Bridge project. 4 1 1 BOON 2? ~,.~~-~41 Mr. Lomax noted that the recent wet weather has delayed the completion date .for the Route 704, Jones Creek Bridge project, which he anticipates to be complete by the second week of October, 2004, if the rain holds off. Supervisor Wright notified Mr. Lomax that Poor House Road is in need of being regraded. Chairman. Clark moved that the-Board amend the order of the agenda to address the drainage issue on Route 17, as reported by Henry Cassell, versus discussing the issue under Old Business. The motion was adopted unanimously (5-0). Chairman Clark stated that the pipe under the road on Route 17 near the marsh area at .the RaceTrac is too small to allow water flow into Ragged Island Creek. He noted that development. in the Eagle Harbor Subdivision has added to the poor drainage because it is now causing serious long-term back-ups in the Kings Cove community. Chairman Clark moved that the Board direct Jonathan Hartley, Director of Planning and Zoning, to meet with VDOT staff and Mr. Cassell and implement a plan of action to correct the inadequate drainage pipe on Route 17 near the James. River Bridge. The motion was adopted 6y 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 moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Clark indicated the Consent Agenda included the following items: A. DEQ/Public Notice dated August 23, 2004. B. Isle of Wight County and Town of Windsor Architectural Survey. C. Space Allocation Plan/Actions. D. Isle of Wight.. County Administration Building and Carrollton Volunteer- Fire Department - .Construction and Renovation Progress Report. 5 E..F Resolution to Authorize the Solicitation of Proposals for Non- Professional Services. 1 F. Resolution to Accept and Appropriate Funds from the Governor's Opportunity Fund,. G. Resolution to Submit an Application and to Accept and Appropriate V-Stop Grant Program Funds. from the. Commonwealth of Virginia. H. `August 9, 2004. Regular Meeting Minutes. Chairman Clark asked if there were any items for removal. Supervisor MacManus requested that Item. (B), Isle of Wight County and. Town of Windsor Architectural Survey, be removed from the Consent Agenda. Supervisor MacManus 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. l .. Supervisor MacManus moved that the Board approve Item (B), Isle of r Wight County and Town of Windsor Architectural Survey, as presented.. The. 7` . 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. // r . Chairman Clark called for Regional.. Reports. Supervisor MacManus reported that he and Supervisor Wright attended the recent meeting of the Western Tidewater Water Authority and discussed some of the technical .issues associated with a groundwater application. He further reported that long-term waterresources ,and future needs were also addressed. He noted the: next meeting is scheduled for November, 2004: f Chairman Clark; acknowledged that. Supervisor MacManus is now- holding the position of Chairman on the Southeastern ..Public Service Authority Board of Directors. // ;; Chairman .Clark called for Transportation Matters. y 9001( ~!~ r~~^'~43 Chairman Clark ..made reference to a fax sent to the County Administrator from Supervisor Bradshaw concerning a bill for work performed on Dukes Lane. Mr. Lomax advised Chairman Clark that VDOT would proceed with implementing a schedule for maintenance procedures for Dukes Lane. Supervisor Bradshaw moved that the Board direct County staff to review the bill submitted by Mr. Duke with respect to Dukes Lane, and advise the Board accordingly. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradby inquired about the status of the stormwater management basin on Route 10. Mr. Lomax advised Supervisor Bradby that .standing water from the recent rain is causing a delay with the project, and the completion date set for October 1, 2004 is fast approaching, and may need to be revised. Grace Keen commented on VDOT's ability to find surplus funds to cover the $1.3 million dollar cost overrun on the Route 620 project, and reminded the Board members that they have not yet received a report from VDOT on what costs were appropriate and what costs were due to improper management by VDOT personnel. Supervisor Bradshaw inquired about the status of the Verizon telephone lines on Whispering Pines Trail. Mr. Lomax advised the Board that he would contact Version and request that Verizon staff take appropriate action to have the telephone line buried three (3) feet under the ground so that VDOT personnel will not continue to cut the line during repairs to the roadway. He noted that Ms. Lee should also contact Verizon to request that the line be buried deeper in the ground. // Chairman Clark called for Citizen's Comments. Grace Keen extended an invitation to the Board from the Isle of Wight Citizens' Association to attend a meeting scheduled for Monday, September 13, 2004 at 7:00 p.m. at the Carrollton Branch of the Isle of Wight County Library. She noted the guest speakers would be Mac Neblett, VDOT and the County's Director of Economic Development, Patrick J. Small. The subjects under discussion will include the Wal-Mart facility at the proposed Benn's Church intersection at Route 10 and VDOT's recent "flip flops." She noted this would also be a celebration of the Association's twenty-six (26) years in 7 so~N 2? r~~~5~44 existence. She ~ further stated that the School Board recently replaced Dr. Richard Peerey, but she did not see any advertisement in the newspapers about the appointment. County Attorney Stroman advised that School Board members are now elected, and there is no legal requirement under the law that the. School Board must advertise that .there is a filing deadline. Supervisor Bradshaw stated that he feels that any vacant :seat of an elected .official should be advertised irr the newspapers,- and the...public notified when action will be taken. to appoint a replacement.. He stated it is also the responsibility of elected officials to hold such discussions in public. Supervisor Bradshaw recommended that Mrs. Keen address her concern about the method by which the appointment was made and whether ' or not there should be a requirement to place an advertisement informing the ' public that there is an approaching deadline to qualify as a candidate .with the School Board members. Donna. Marshall of Smithfield commented that she understands that the r Board might again address the issue of nuisance dogs or a leash law at tonight's meeting. She stated she is present today to set mattersstraight, as .she was falsely accused. at the Board's prior meeting. She explained. that her son and his three (3) dogs had come to live with her three (3) months ago. She stated that she had purchased a six (6) foot by ten (10) foot dog kennel the day before her son arrived to house his hound dog, his bulldog, and his pit bull dog. She noted that. the. hound dog, who has his own pen, had gotten out several times until a floor was placed in his pen. She stated that the .bulldog had climbed out of her pen twice until a top was placed on her pen. She stated that the- pit bull .had never gotten out of his pen because it has both a floor and a top. She stated that Ms. Richards,. her neighbor, came to the Board's last meeting and. stated that she has three (3) dangerous pit bulls that have chased -her children on their bikes, chased her goats, and annoy the neighbors with their loud barking. She stated that it is her understanding that ~ dogs .are not deemed dangerous until Animal Control either deems a dog to be dangerous; or there are complaints from neighbors. and. Animal Control i° has to visit a residence. She advised. that Animal Control has never been to her home. She .stated at the Board's .last meeting, Gretchen Heal, staff writer with The Smithfield Times, wrote that 1VIs. Richard's complaint was about . vicious dogs and a pit bull that .belongs to a family residing on Mount Holly Creek. She stated that she further wrote that this. is the .sixth dog that the family has owned,. of which the. first five (5) pit bulls .were euthanized by Animal Control after .neighbors filed several. complaints, and the dogs were .deemed to be dangerous...-She stated that Waverly Traylor, Animal Control. Officer, was quoted in the newspaper article, but when she contacted him, she was advised. by him that he had never made those statements, and they were untrue.. She stated that she also spoke with Ms. Hill who informed her that . the .comments in her newspaper were those of Officer Traylor. °She stated 1 1 8 sooK 2? ~;;~~54~5 that she then requested a copy of the tape from the Board's Recording Secretary for that meeting, and after listening to the tapes, found that that the comments printed in the newspaper were not the comments made at the Board's meeting. She stated she spoke with John Edwards, Editor of The Smithfield Times, who listened to the .tape, and advised her that what was printed in the newspaper was incorrect information, but that he would not be making a correction because he did not care. She stated that she did not understand how reporters could be allowed to sit in on Board meetings and write lies about the statements made by individuals who were present. She asked the Board members to consider how they would feel if they were in her shoes, and she requested the Board keep in mind that she has never had dogs in the past. She stated the reason she is present tonight is to set matters straight, as she has not had six (6) dogs that have been euthanized by Animal Control. She stated that Animal Control has never even been to her home, but her neighbor is requesting a leash or nuisance law be adopted citing .that she has dangerous pit bulls that are running around, when she does not. Supervisor Bradshaw moved that the Board direct Carey Mills Storm, the Board's Recording Secretary, to prepare the comments of Ms. Marshall verbatim, as opposed to summary form, in the minutes in order to correct the inaccuracy reported in the newspaper. 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 Chairman Clark called for the County Attorney's report. County Attorney Stroman introduced. the issue of tax relief for -the elderly and handicapped. Supervisor MacManus advised that the Commissioner of Revenue has indicated a need for additional funds in the maximum amount of $2,000 ~in order to implement the tax relief program for the elderly and handicapped. County Attorney .Stroman noted that the additional funding would allow the Commissioner of Revenue to have the tax relief effective for both halves of the current tax year. Supervisor MacManus noted that Grace Keen and the Commissioner of Revenue have agreed to speak to the citizens to encourage participation in the tax relief program. Supervisor. MacManus moved the Board allocate funds in the maximum amount of $2,000 (overtime or part-time help) to assist the Commissioner of Revenue should any citizen requiring senior or disability tax. relief come forward to utilize the .program through a October 15, 2004 cut-off date. The funding is to come from current funds in the budget. The 9 ,~ooM 22 r~~~5-~6 emotion 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 County .Attorney Stroman advised that with respect to the October 15, 2004 date, he .has spoken .with the Commission of Revenue pertaining to some ambiguous language in the 'County's ordinance, and he anticipates ' returning the matter to the Board for an amendment before the cycle for the following year begins. Supervisor MacManus requested County- Attorney. Stroman to follow up with the Commissioner of Revenue, and provide clarification in the ..current application which states "an additional $1,000 may be excluded from the combined income." He noted that the Commissioner specifically needs to know how her staff should address thisissue. County Attorney Stroman reported that with respect to the notification from Wendell Ramey at the Board's previous meeting..regarding property damage due to a possible drainage pipe failure, 1VIr. Ramey has advised that the .contractor who constructed his garage. will move it off of the drainage easement, and the developer will then proceed with making the necessary repairs to the drainage pipe. // Chairman Clark called for the Community Development Report. Beverly H. Walkup, Assistant Director of Planning and Zoning, presented a .Resolution to Appropriate $15,500 from the CDBG Fund Balance for the Booker T. Estates Community Improvement .Grant Program which-she recommended the Board adapt. Supervisor Bradshaw moved the Board accept the proposal of R. Stuart Royer to complete engineering services, and adopt .the following Resolution: RESOLUTION TO AUTHORIZE THE SOLICITATION pF PROPOSALS FOR NON-PROFESSIONAL SERVICES WHEREAS,: the Board of Supervisors of .Isle of Wight County, Virginia, has determined that it is appropriate to solicit the services of a vendor to provide grant application and planning: and management. services associated with the Booker, T. Community Improvement .Grant project to the County of Isle of Wight, and; t WHEREAS, County -staff will .need to discuss and negotiate the. scope of services, as well as determine the experience and overall competencies of potential vendors. 10 ao~K 2? ~r~::s~547 NOW THEREFORE, BE IT AND. IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2- 4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed. bidding is not a practicable means of making the most appropriate selection of a provider of these services. 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. . Jonathan W. Hartley, Director of Planning and Zoning, presented a rezoning application from the Town of Windsor in the Holland Acres Subdivision. He stated that the area that is in dispute has been excluded from the application. County Attorney Stroman advised that the Board may wish to ensure that if there is a property dispute that it be resolved or confirmed that it is outside of the application. Supervisor MacManus stated with respect to the proffered conditions, the applicant is only proffering $3-,500 towards schools. He requested. that staff advise that the true impact on this property is to be close to $10,000. County Attorney Stroman suggested that the Board expand the closed meeting to address this issue. Supervisor MacManus noted that landscaping means many things to many different people, and staff should encourage the Town of Windsor to be very specific. He stated with respect to BMP structures, staff should ensure that future bonding is in place to protect the Town of Windsor against those issues. Supervisor Bradshaw moved that the Board table the matter until after the closed meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no. Supervisors voting against the motion. // Chairman Clark called for the Parks and Recreation Report. Alan S. Nogiec, Director of Parks and Recreation, addressed the Board relative to the process of developing the new Fairgrounds located south of the Windsor Elementary School on Route 258. He noted that due to a number of factors, mainly the wet weather, the new site will not be completed. in time for this year's Fair; however, the property has ample room to facilitate the 11 ~ .. s eo~K 22 f~~~54$ Fair proceeding under plan (B). He noted that the entrance would be paved later in the Spring; the water system will be installed; and there will be an alternative plan for parking spaces. He advised that the Fair would begin at 5:00 p.m. on Thursday, September 16, 2004. Mr. Nogiec presented a change order for the Central County .Park, Phase I, and. he recommended the Board. approve it. Supervisor Bradshaw moved that the Board approve the. change order in the amount of $783,727:17. 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 Public Utilities report.- E. Wayne Rountree, P.E., Director of Public Utilities, advised staff only received bids from four (4) bidders on the Obrey water extension on Route 17 on August 10, 2004. He stated the, low bid was $502,000, but only $440,000 has been allocated for that project. He stated staff deleted four (4) items from the low-bid which reduces. the bid to $445,000. He recommended the Board approve the low bid. He stated at the erid of the project, if there are ..funds left over in that project, staff will review the.. four (4) items that were deleted. Supervisor Wright moved the Board approve the low bid, as amended, in the amount of $445,350.61. submitted by Tolar Contracting Company, and approve the awarding of a .construction contract in accordance with documents .approved by thee. County Attorney and. upon proper execution of all agreements by ...both the contractor and 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 the Public Works report. Donald M. Long, Director of Public Works, stated that in November, 2002 there was serious damage to the Health Department due to settling of the. building. He stated that settling is now causing other problems within the building, and staff received a low estimate. of $25,000 to repair the roof. He recommended that the Board authorize him to proceed with the necessary repairs. Supervisor MacManus moved that the ,Board direct staff to proceed with roof repairs to the Health Department with funds in the amount of 12 8HA 2? ~h~~5~~ $25,000 to be taken from the Capital Contingency Fund. The motion was adopted by ~ 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 County Administrator's report. County Administrator Caskey presented'an amendment to the annual Statement of Agreement between the Virginia Department of Health and Isle of Wight County. Supervisor MacManus moved the Board authorize approval of the Amendment to the Statement of Agreement between .the Virginia Department of Health and Isle of Wight County, as approved 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 Administrator Caskey stated pursuant to a request by Jerrianne Gardner in May, 2004 for the Historical Society's to use the County Seal,: staff has been investigating what other jurisdictions do with respect to these similar types of requests. He noted that the Ms. Gardner recently informed the County Attorney that she is now looking at some other issues and alternatives, and it may be premature for the Board to take action at this time. He stated staff would be coming back with additional information for the Board's consideration. Supervisor MacManus recommended that it be in policy format when the information returns to the Board. County Administrator Caskey stated included in the agenda are the Board's 2005 Legislative Priorities for the upcoming General Assembly session for the Board's consideration. He inquired if the Board had other issues to be included in the list. Supervisor Bradshaw moved the Board adopt the Priority List, designate the tobacco tax as the top priority, and direct staff to contact Delegate Barlow and Senator Quayle to request that they sponsor legislation at this year's General Assembly 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. County Administrator Caskey recalled that the Board was provided information at its August 9, 2004 meeting relative to their annual Board Retreat. He requested the Board members .check their respective calendars and advise staff when they are available to hold the Retreat. I3 y eooM 22 r~~~55© Supervisor MacManus recommended that the Board hold its retreat at the new Colonial Farm Credit building located in -the Town of Windsor. Carey Mills Storm is to coordinate an agreeable date to hold the retreat with . the individual Board members. Supervisor Bradshaw noted there is not a .need for a facilitator at this time. Supervisor MacManus recommended that the focus be on the County's StrategicPlan of Action. Anne F. Seward, Director of Budget and Finance, presented the results from the completion of the 2004 assessment, and its effect on the tax rate for FY OS'. { r Supervisor MacManus moved that the Board direct staff to advertise for public hearing at the Board's September 16, 2004 meeting the tax-amount. of $.61 for revenue neutral with the intention of returning. to $.68 .based on the needs as projected by the Director of Budget and. Finance. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors. voting against the motion. r Supervisor Bradshaw .asked the Board to keep in mind his suggestion that during. this process, the Board allocate part of the funds requested by the Electoral .Board tonight for. costs associated. with the replacement of voting machines, and any funds that may be needed relative to the BPOL tax. // Chairman Clark. called for Old Business.' The application of Archer L. Jones, II for an appeal of an administrative determination: that the proposed ten (10) foot by sixty (60) foot deck located at 14571 Burwelis Bay Road. is an expansion of a nonconforming structure and is nat permitted in accordance with Section. 5001 A.4 of the .County's Chesapeake Bay .Preservation Area Ordinance. The property. is located in the Hardy Election District. (Tabled August 23, 2004) i Archer L. Jones, II, the applicant,. noted his request is for a deck. ten (10) feet 6y sixty {60) feet at the front of the cottage: He noted that the shed was an impervious structure that was not .considered in developing the 1,600 square feet, and the .deck was. a pervious structure. He .distributed copies of various pictures taken of the: cottage in 2002. He stated if the Board believes there was. a shed of approximately 180 square. feet of impervious structure, he is requesting to put back less impervious structure than was there previously. 14 i P i. 1 i. 1 aooK 22 rr~:~5~ He stated that he did not have an explanation for why the County's records did not reveal the existence of a shed. Mr. Hartley referred the.Board members to page 3 of staff conclusions in the Board Report which explains why staff made certain conclusions. He stated the issue is not whether. or .not the applicant meets the criteria for redevelopment.. He stated the issue is that. the .applicant is desirous of expanding the primary structure by adding a deck. He stated it is his determination that the expansion constituted an expansion of a non- conforming structure. County Attorney Stroman emphasized that this is an administrative appeal of Mr. Hartley's interpretation of the expansion of the non- conforming structure. He stated there is some precedential value as it goes to the issue of interpretation, and the Directgr of Planning and Zoning, will be :guided in other cases by the Board's decision as to the interpretation in question. Supervisor Bradby stated the Jones' -have enjoyed their cottage on the James River for many years. He stated the Board previously discussed their willingness to help those people in the Burwells Bay area that were affected by Hurricane Isabel so that they. can continue to enjoy what they had in the past. Chairman Clark stated what is important to him is that there is very little precedential value, and he does not anticipate that this situation will ever recur. He stated there is a reduction in impervious. surface, and no new construction will be affected. Supervisor 1VIacManus inquired if there were anything that would preclude Mr. Jones from putting a second floor on or building a porch, rather than the design of the building Mr. Jones has proposed.. Mr. Hartley replied that there is nothing to preclude Mr. Jones from building a second floor, and staff is only suggesting that the footprint remain the same. He suggested that the Board find that Mr. Jones did meet the three (3) criteria outlined in the Board Report which will leave. him with the authority to apply the criteria in any future situations. County Attorney Stroman advised that if the Board overrules Mr. Hartley's interpretation with respect to the deck being an expansion of a non- conforming structure, then the .Board would never reach the second set of criteria. He stated the hoard must decide the issue of whether or not Mr. Hartle 's inte retation th Y rp at the inclusion of a deck on anon-conforming ~ structure is an .expansion of that non-conforming structure .under the County's Chesapeake Bay Preservation Area Ordinance.. eo~~ 22 ~r~:552 Chairman. Clark inquired if the: Board,. if it approved Mr. Jones' request, would be making a statement about. non-conforming structures that will extend beyond redevelopment. County Attorney Stroman advised no. He stated that redevelopment is to put back what was previously there, and the issue before the Boazd is that if someone redevelops, are they putting back what they had previously or aze they expanding their non-conforming structures. He stated. the precedential value of this question would be in a redevelopment type situation in the future. Responding to Supervisor Bradshaw that staff did not solicit input from CBLAD,. Mr. Hartley noted that staff has been repeatedly.advised that decks are considered part of a structure. He stated. based on that advice, he did not feel it was necessary to refer the matter to CBLAD. . Chairman Clark noted that he is interested in soliciting comments from CBLAD, as this is a reduction in impervious surface. Supervisor MacManus noted that the dilemma is that the reduction must offset adding 600 square feet of additional decking. Supervisor Bradshaw moved the Board table the. application of Archer L. Jones, II,; direct staff to solicit comments from CBLAD; .and, place the application on a future agenda for consideration by 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. County Administrator Caskey advised that the County newsletter would be sent to the press for distribution in September or October, 2004. Supervisor MacManus requested that staff capture other cable channels; address the October 15, 2004 tax relief deadline; highlight contact persons; add the peddler's license issue; add the. school house museum for .Smithfield; and, with respect to volunteer -fire protection and medical services, note that the County is fortunate to have these volunteers, and desires to express its gratitude. Mr. Rountree stated that the County spent approximately $6.4 million dollars on the Windsor vacuum sewer system, of which the County has recouped $470,000 in connection fees in the Town of Windsor. He stated the County's analysis showed that. it would take. between 15 and 20 yeazs to recoup the total investment made by the County through future connection fees in and around that area. He stated the Board, at its July 1, 2004 meeting directed that the County Administrator write the Town of Windsor and express concern with the financial impact the County would experience if the Town of Windsor decided to go into the sewer business. He stated he and the 16 } 9a~a 2~ ~r.553 County Administrator recently met with the Windsor Town Manager who informed them that the Town had authorized an engineering feasibility study and that results of that study should be in before the Windsor Town Council meeting on September 14, 2004. Supervisor Wright recommended. that staff advise HRSD that the County desires that no one be allowed to tap onto the sewer force main in the Windsor area unless approved by the County. He stated the agreement states that the system shall serve a sufficient area outside .the corporate boundary lines of the Town as deemed necessary by the County, and the area in question is located outside of the town limits. Supervisor Bradshaw. stated during boundary adjustment discussions , the understanding was that the County would draw the water it needed from the Town, and that the Town would be utilizing the County's sewer system. Supervisor MacManus suggested that the. letter dated August 31 2004 , from the County Administrator and the Director of Public Utilities Le provided to .the Windsor representatives attending the Intergovernmental Relations Committee meeting on Se tember 14 2004 p , . Supervisor Bradshaw moved the Board defer the matter of Windsor sewer to the Intergovernmental Relations Committee meeting for further discussion with the Town of Windsor. The motion was adopted by a vote of (5-0) with Supervisors IVIacManus, Bradby, Bradshaw, Clark and Wright - v ti i f o ng n avor of the motion, and no Supervisors voting against the motion. 4 Supervisor Wright moved that the Board direct County staff to advise HRSD staff that the County desires that no one be allowed to tap onto the i sewer force main in the Windsor area unless approved by 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. Donald M. Long, Director of Public Works, briefed the Board on a .proposed operation schedule for the County's convenience centers. Supervisor liifacManus requested that Mr. Long. provide thirty (30) da s' noti t i. ~ y ce o customers utilizing the centers of the new hours of operation; that signage concerning new hours of operation be placed at the dumpster site and in the County's newsletter and website; that staff provide a verbal explanation with respect to liability issues .with overflows, as well as environmental. concerns, to the public; and, that staff address tire and toxic ~ information with the public. Donald: T. Robertson, Assistant County Administrator, noted there are several vehicles in the County's fleet within excess of 100,000 miles and , contained in the agenda is a report prepared by staff for.. the Board's ~ { 17 I - __ aooK 22 ~ti~:~~4 information relative to a strategy .for a vehiclelequipment maintenance/replacement policy. Supervisor MacManus reminded staff that the revised draft of the Isle of Wight County Zoning Ordinance is due on Tuesday, September 7, 2004. // " Chairman Clark called for New Business. Supervisor Wright notified the Board about "a call and letter from an individual from the Social Services Department expressing concern with the recent newspaper article in the Daily Press about a lack of volunteers during disaster and recovery situations. Richard O. Childress, Director of Emergency Management, noted that representatives of the Red Cross have also expressed -their displeasure with the article, and noted that there are many inaccuracies contained in the article. Chairman Clark moved that staff be directed to invite a Red Cross representative to address the Board at its September 16, 2004 meeting, and that the issue should be listed under either the Emergency Services report or Old Business. 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 the request of the Electoral Board for the County to give employees manning the polling places an additional day of leave, and the need for the Board to begin investigating new locations. for a polling place in the Smithfield and Carrollton precincts, Supervisor Bradshaw moved that the Board direct staff to review these issues. and bring back a recommendation 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. // Chairman Clark called for Appointments. Supervisor Bradshaw moved the Board appoint Jane March to serve as ! ` the Carrsville District representative on the Architectural Survey Advisory ,Committee. The motion was adopted unanimously (5-0). . // County Attorney Stroman requested that the Board enter the closed meeting pursuant to the Freedom of Information Act, Section 2.2-3711.A1 to discuss prospective candidates for employment and Section 2.2-3711.A7 for 18 1 ~ 1 9ooh 22 ~::.:555 consultation with legal counsel and briefing by staff members regarding specific legal matters. requiring provision of legal advice, to include legal issues regarding the receipt of cash proffers. Supervisor Wright moved the Board enter the closed meeting for the reasons stated. 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. 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. Supervisor MacManus moved the Board adopt the following Resolution. CERTIFICATION OF CLOSED MEETING .WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting -was conducted in conformity with Virginia law;. NOW, THEREFORE, BE 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 // With respect to the Town of Windsor rezoning application in the Holland Acres Subdivision, Supervisor. Bradshaw. moved that the Board 19 eoo~ "~ 2? ~N~556 direct staff to send a letter to the Town of Windsor- on the referenced application with comments as discussed and attach a copy of he County's Proffer Study to ensure that the necessary information is provided in an effort to reinforce the policy of the County on different cost aspects, including. schools. 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 7:50 p.m., Supervisor Bradby moved the Board adjourn its meeting. -The motion. was adopted unanimously (5-0). ,~ -c.r Stan D. Clark, Chairman I S t i(t~ F f ~ - 20