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02-08-2005 Regular Meeting9oe~ 23 ;;: ~ ~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND FIVE PRESENT: Phillip. A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant. County Administrator/Development Anne F. Seward, Assistant. County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 4:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called. for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Add Item (4) pertaining to a closed meeting regarding a ..personnel item involving compensation to a specified public officer. Regional Reports should then become Item (5}; Under the County Attorney's report, move .Item (E), Dredging of Tyler's Beach Boat Harbor .and Improvements to Proposed County Park, to follow Item (G} Tyler's Beach Boat Harbor -Upland Disposal "Site under the County Administrator's report;. Add an item, under the Emergency Management report pertaining to a Carrollton .Fire Department Lease Agreement; Under Closed Meeting, in addition to the legal matters noted in the agenda, add five (5) items; one {1} -item relating to land. acquisition for Economic Development purposes. under Section 2.2-3711.A.3, A.5 and A.6; one (1) item concerning .the investment of public funds where .public disclosure would adversely affect the position of the governing. body under Section 2.2-3711.A.6; two (2) personnel items 1 pursuant to Section 2.2-3711.A.1 concerning the performance of County employees; and, .one (1) matter relating to .the investment of public funds concerning the leasing of private property for public purposes pursuant to Section 2.2-3711.A.6. 1 Supervisor Clark 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 Bradshaw called for Special Presentations. Sheriff C. W. Phelps noted. that while his original intention was to request funding to meet the expenses of the TRIAD Council due to a shortfall in the grant, he was pleased. to advise that sufficient funds have been donated by other agencies, including AARP and local churches, tomeet the projected cost of hosting the annual. T1tIAD Conference in May,. 2005. He advised that he would be requesting funding in next fiscal year from the County through its normal budgetary process, as well as from the Towns of Smithfield and Windsor, to continue. this program. He stated that the Council would ' continue in its efforts to pursue other avenues to help generate funding. Supervisor Wright formally. recognized the newly elected Chief for the Windsor Volunteer Fire Department, Lee Marshall, Jr., and Tommy Gray, the Assistant Chief. Noting the .appearance of Skip James, Charter Communications, Supervisor. MacManus requested that he respond to complaints received by him from his constituents with respect to picture. quality, system failures,. credits for lost service/performance time, the lack of a representative to answer the customer service line during the holiday weekend of January 17, 2005 and, the fact that the local number for Charter Communications is ..inaccurately printed in the phone book. Mr. James advised that in the Newport/Smithfield Districts, Charter has had trouble locating certain malfunctioning equipment. He noted that problem has now been addressed, and he requested citizens to contact him directly if they are still experiencing a problem.. Supervisor .Clark advised that he would like for Charter to provide customers with a full day's credit when service is down during prime viewing times. Mr. -James advised. -with respect to the :customer service number, customers should contact the number listed on their.. bills if they have questions, as the .old customer service number has. been changed. He further 2 advised that Verizon incorrectly listed Charter's number. in the phone .book, and Charter's attempts to correct it have been unsuccessful to date. .Supervisor Clark requested Mr. James to .personally contact Rhonda Lawfer regarding her complaint with an above-ground cable that has lain across her yard for an unacceptable. period of time. µ Supervisor MacManus asked that Charter take the appropriate means to provide homeowners a projected length of time that residents can expect the lines to be buried. // Chairman Bradshaw indicated the Consent .Agenda included the ...following. items: A. Resolution to Accept and Appropriate $2,000 in Donations from the Camp Foundation B. Resolution to Accept and Appropriate School Textbook and Health Insurance Funds C. Tyler's Beach -Meeting with Commercial Watermen D. PEG Channel Broadcast Presentation from PrimeMedia E. Action List Status Update F. DEQ/Public Notice Dated January 24,`2005.. G. December 16, 2004 Continued. and Regular Meeting .Minutes H. January 7, 2005 Regular Meeting Minutes I. January 8, 2005 Continued Meeting Minutes Chairman Bradshaw asked if there. were any items for removal There being none for removal, Supervisor MacManus moved that the .Board adopt the Consent Agenda, as `presented. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion; end no Supervisors voting against the s motion. // 3 __ r ., __ ~ _ .,~- _ _.y, ._ _.a _..~.... '1 II II sox 23 _.~ ~~ County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.1 under the Freedom of Information Act for discussion and consideration of the salaries of specific public officers.. Supervisor Wright moved. the Board enter a Closed Meeting for the 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 MacManus 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 Wright 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. i VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ` ABSENT DURING MEETING: 0 // s Chairman Bradshaw called for Regional Reports. 4 ..,~y,Fp :.N .vu'>re. ..,n~,,._,.v., ~~o »....x. _...;, ., :. ~.,q,._., ., .... ~..-.. _.. _ ...-.., .. .. ,.. _.. .. ., r __ - - ~a . a ~ .~.~..s r •.mn,i ~ B.j.YHk .ir+, ::~ ChairmanBradshaw reported- that Dana Dickens has filled the .seat of President on the Hampton Roads Partnership, and .has recently. appointed Supervisor Clark as Chairman of the Partnership's _ Transportation Committee. Supervisor Clark reported transportation was the primary topic of discussion at the most recent Mayors and Chairs meeting, in addition to the legislative items from the VACo/VML Day... Chairman Bradshaw noted that the next Mayors and .Chairs meeting. would be hosted by the County at noon. on February 25, 2005 at the Smithfield Station. Supervisor Clark reported that ..the. Hampton Roads Economic Development Alliance merger with the Peninsula has occurred. Supervisor. Clark reported that the Hampton Roads Planning District Commission continues. to discuss light rail, as well as alternatives to alleviate transportation problems in Hampton Roads associated with the third crossing, to include toils, public/private .partnerships, and lobbying efforts for new: revenue streams for transportation.. Supervisor MaeManus reported that the Southeastern. Public Service Authority (SPSA) recently held a two (2) day .:retreat to discuss issues that will carry SPSA beyond 2018. Supervisor MacManus reported .that there was no Intergovernmental Relations .Committee meeting held; however, a meeting is to be scheduled in the upcoming weeks to address tourism efforts with the Town of Smithfield. Supervisor MacManus reported that the Western Tidewater Water Authority water withdrawal permit is continuing to move forward. Supervisor MacManus :reported that doubling of dues and staff .improvements were discussed at;the most recent meeting of the High Growth Coalition. Donald T. Robertson, Assistant County Administrator/Operations, advised the Board that House Bill 2456, which deals with the County's ability to accept proffers, did pass the House. He further advised that a bill did pass the House that gives the County. the authority to cut high grass. on .occupied property, and that staff feels confident that the bill will also pass on the Senate side. He .advised that the original bill submitted requesting that the bridge on Route 260 be named in honor and Edna and Anthony King did not pass, which resulted in the bridge being renamed "The King Family Commemorative Bridge," which was successful on the Senate side, and staff is also confident it will pass on the House side. 5 n 1 Supervisor Clark.. directed that -staff contact the Superintendent of Schools to ensure that the School Board and their associated organizations are also taking the same approach on the proffer bills. Chairman. Bradshaw reported that Supervisor Wright .recently attended the Chairpersons' Institute.. He further reported. that. Supervisor MacManus was selected to serve as Vice-Chairman of the' Education Committee, and that he will be serving on the Resolutions Committee. He advised that he was selected to serve as Vice-Chairman of the Finance Committee, in addition to serving on the Resolutions and Audit Committees. // Chairman Bradshaw called for Transportation Matters. Sandon Rogers, Transportation Planner, notified .the. Board. that the VDOT Resident Engineer would be present at the Board's February 17,.2005 meeting to address any outstanding transportation issues. Responding to Supervisor MacManus, Mr. Rogers advised that someone would also be present with the VDOT Resident Engineer to address the James River Bridge issue., // Chairman Bradshaw called for Citizen's Comments.. Jerianne C. Gardner, President of the Isle of Wight Historical Society, addressed the Board on the following concerns expressed at a recent meeting of the Society concerning the Lawnes Creek development: How the. sites identified in the archeological assessment that are contained in lots are going to be protected. Will there be a Phase II conducted, and can that be recorded in the deed requirements? Has the fort site been deeded to the County? The Society offers its assistance in moving forward on the .State and Federal Landmark Register designation. Has a committee been formed to oversee the development as it progresses? . Request that the link to the Historical Society on the County's web site be changed to www.inchs.com. Supervisor Clark moved the Board direct staff to address the above three (3) issues with Ms. Gardner, and report back to the- Board at its February 17, 2005 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. 6 .BQ~~ 23 rhr:' ,4~ ~~ .; .Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman presented a contract. with R. Stuart Royer for the Master .Water and Sewer Plan, which he recommended the Board approve. Supervisor Clark moved the Board authorize the Chairman to enter into the contract on behalf of 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 `Attorney Stroman presented a Memorandum of Understanding by and between the Sheriff of-Isle of Wight County and the Virginia Law . Enforcement Professional Standards Commission. He stated under the agreement, certain support will be provided to the Sheriff in the form of manuals, forms and technical assistance. He stated that although this agreement is between an independent constitutional officer and a commission, the Commission does require that the Board of Supervisors also enter into the agreement to show the County's support. He recommended .that the Board enter into the agreement on behalf of the .County. Supervisor Wright moved the Board authorize the Chairman to execute the Memorandum of Understanding on behalf of 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 Attorney Stroman presented a change order for the Central County Park, Phase I, which does not involve any net change to the amount of the contract. ' He stated that the change order allows for a period of sixty- six {66) days due to weather conditions. Supervisor Clark moved the Board authorize the Chairman to execute the change order on behalf of the Board. Thee 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 in the past, the Board .has authorized him to accept deeds of trust on behalf of the Board, and he would recommend that the Board also give him the. authority to accept deeds for subdivision improvements. He noted that such. authorization would streamline the process by which subdivision improvements are accepted, and would save Board and staff time. He stated he could report to the Board through its Consent Agenda those deeds that are accepted. 7 90~K ~~ 45 Supervisor MacManus expressed his concern with ensuring that the County is protected from taking on conveyances that will cost the County in the long term. He .recalled that, the County had previously accepted the Gatling Pointe community pump stations, only to have to replace those systems earlier than expected. E. .Wayne Rountree, P.E., Assistance County Administrator/Development, advised that the County has two (2) full-time inspectors within the Public Utilities Department who check and inspect all installations of water and sewer lines. He stated pump stations are tested thoroughly before they are put on line, and they are operated for a period of time before they are accepted. He advised that there is still a one (1) year warranty on all workmanship in that pump station by the developer's contractor, and in the case of Gatling Pointe, those systems were accepted by the Town of Smithf eld. ~i~ A 1 County Attorney Stroman noted that he would include, prior to acceptance, a certification of some type that the system is an asset that the County is prepared to accept. Supervisor Clark moved the Board authorize the County Attorney to accept deeds for subdivision improvements on behalf of the Board, and that he report to the Board through. the Consent Agenda those deeds that are accepted. 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. County Attorney Stroman reminded the Board that the item under his report pertaining to the dredging of Tyler's Beach Boat Harbor and improvements to the proposed .County Park has been moved to the County Administrator's report. County Attorney Stroman noted that the Rules of Procedure contained in the agenda are for. the Board's consideration. He stated that such rules offer advantages in terms of facilitating how the Board operates its meetings. Supervisor Wright moved the Board direct the County Attorney to make the following revisions to the Rules of Procedure, and that he bring them back for consideration and approval by the Board at -its February 17, 2005 meeting: Supervisor Wright requested speakers who address the Board be limited to three (3) minutes when there are over fifteen (15) people signed up to speak. If there are less than fifteen (15) people who wish to address the Board, they be allowed to speak for five (5) minutes. 8 I O eo 23 ~,~ 46 Supervisor MacManus requested County Attorney Stroman to contact Attorney William Riddick regarding whether or not it is a requirement to have a roll call vote on issues that pertain to the spending of funds. .Supervisor MacManus requested that County Attorney Stroman correct. Section 3-l, Order of Business, to reflect. that. Department Reports - come .before the County Administrator's Report, and that Appointments be listed and come before Old Business .and New Business. ' Supervisor Clark requested County Attorney Stroman to include language that any individual. intending to disturb the general conduct of the Board's proceedings, at the Board's discretion, can be ejected from the 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. County Attorney Stroman advised that in addition to his stated issue regarding an actual litigation matter concerning alleged codes compliance violations in Closed Meeting, the Board would also hear the matters listed under Approval of the Agenda. // Chairman Bradshaw called for the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator/Development advised that staff recommends that the placement of a generator on the Zuni water system to be the most. effective way to ensure reliability. Supervisor Bradshaw moved the Board approve the reallocation of up to $20,000 from the Carrsville Water Distribution System Replacement account to purchase and install a .generator on the Zuni water system. 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/ Chairman Bradshaw called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented a request from the Windsor Volunteer Fire Department (WVFD) for a revision to the Capital Budget. He advised that during the adjustment to the CIP .submittal, the WVFD received the support of the Fire and Rescue 9 seer 23 ~~r 4~' 1 1 Association to seek the Board's approval for the reassignment of $300,000 in the Capital Budget for the purchase. of the Quint to $100,000 for the purchase of a Brush truck and $200,000 for the purchase of aPumper. Supervisor Wright moved the Board proceed .with the authorizing switching of the fire pumper to the Brush truck. 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. Childress presented an EMS Billing Agreement for the Board's consideration which notes that the .County will be seeking reimbursement; that the County will be .receiving those funds for all transports; that the volunteer organizations will allow County personnel to utilize their ambuiunces; and, allow the County to collect any funds .received for transports. He stated the agreement also states that the County will utilize those funds to support EMS operations.. He stated any overages .would be allocated among the various volunteer departments once the County has been reimbursed for all of its costs for the provision of EMS.. Supervisor Clark moved that the Board approve the letter so that it can be forwarded to the .organizations and sent. back to -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. Mr. Childress presented a Resolution to Endorse Carrollton Volunteer Fire Department's (CVFD) Lease Agreement with E-ONE, Inc. which pertains to the purchase of the CVFD's rescue pumper. He recommended that the Board adopt the Resolution. . Supervisor Clark moved the. Board adopt the following Resolution: RESOLUTION TO ENDORSE CARROLLTON VOLUNTEER FIRE DEPARTMENT'S LEASE AGREEMENT WITH E-ONE, INC. WHEREAS, the federal government, in the Technical Corrections Bill (HR4333), requires a volunteer fire department to seek the endorsement of the. locality in which it serves to be exempt from federal taxes; and, .WHEREAS, the first requirement involves the locality. endorsing the obligation while in no way obligating itself to bear any financial burden in the event of default by the volunteer. fire department; and, WHEREAS, the second. requirement involves the locality appointing any person to conduct a public hearing. to allow residents of the community an opportunity to express .their views on the volunteer"department entering into alease-purchase agreement; and,. 10 ~~ ...... `30nk ~~ 'r,,, ~ WHEREAS, it is not necessary for the local elected :officials to be present at the public hearing, nor is it necessary for a vote to be taken on the issue at the public hearing or for a report to be submitted to the County. NOW, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the County endorses the Carrollton .~ Volunteer Fire Department's desire to enter into alease-purchase agreement with E-One, Inc. and authorizes the .Carrollton Volunteer Fire Department to conduct a public hearing on the matter. 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 Bradshaw called for the County Administrator's report. County Administrator Casket' stated pursuant to the Board's direction and comments at its January 7-8, 2005 Board Retreat is a draft of Action Steps for consideration. Supervisor Bradshaw .moved the Board. table the issue until the Board's February 17,.2005 meeting to allow the Board additional. time for review, and that staff be directed to include the issue under Old Business on the agenda. . The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting .against the motion. Diane Spencer Woolley, Director of Tourism, stated pursuant to the Board's direction at its January 8, 2005 Retreat, staff has sent out questionnaires to 64 County and town. civic. organizations surveying the types of events they hold and how those events are marketed. Supervisor MacManus directed the Tourism Director; to come back at the Board's first meeting in March, 2005 (March 17, 2005) with the results of the surveys and staff's recommendation. Supervisor. MacManus directed the Tourism Director to provide the Board with copies of all returned questionnaires. Ms. Woolley stated pursuant to the Board's direction at its January 8, 2005 Retreat, included in the agenda is information relative to the creation of a Tourism Relations Committee .designed to discuss tourism issues, which consists of five (5) representatives, one (1) from the County, the Town of Smithfield, restaurants and lodging industry, an attraction such as St. Lukes Church, and the Chamber of Commerce Board of Directors. She advised that 11 . g~:~~ 23 ,h~ 4J 1 staff has not contacted the Town of Windsor to determine if they are interested in becoming an active partner in tourism. She noted that the Committee would meet quarterly to review tourism's progress toward locally established goals .and .objectives, and to provide feedback from Tourism's stakeholders. She further noted that the Committee is also tasked with review and comment on the Tourism Department's. compliance with the International Association of Convention and Visitors Bureau standards. Responding to Chairman Bradshaw, County Attorney Stroman offered to draft a set of bylaws in conjunction with staff.- Chairman Bradshaw recommended that the Town of Windsor. be extended an invitation to be on the Tourism Relations Committee. Supervisor Wright moved the Board table consideration of the matter, and direct the.County Attorney to bring back proposed bylaws, to include the Town of Windsor, at the Board's. first meeting in March, 2005 (March 17, 2005). 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. Ms: Woolley notified the Board that the lease for her office expires on July 31, 2005. She advised that she intends to place this item on the agenda for the February 24, 2005 meeting.. ~II ~J County Administration Caskey reported that the County has been notified that the previous .Western Tidewater HOME Consortium Agreement: did not meet the Department of Housing and Urban Development's requirements, fIe advised that `the City of Suffolk. has incorporated. the specific revisions to bring .the Agreement into compliance with HOME. Program .regulations, and it is requesting the member localities to adopt the amended Agreement, which has been reviewed by the County Attorney and approved as to form. Supervisor Clark moved the Board authorize the Chairman to execute she Western Tidewater HOME Consortium Agreement on behalf of the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, $radshaw,: Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Caskey requested that -the Board .authorize a public hearing. on the proposed Capital Improvements Plan for FY2006-2010, as recommended by staff. Supervisor Clark moved the Board authorize a public hearing at the Board's first meeting in March, 2005 (March 17, 2005) to .facilitate the adoption of :the CIP and the incorporation of the "year one" capital Y expenditures in the proposed FY2005-06 budget. The motion was adopted by 12 ,, ..,.. , .:s . ,.r.~.~Q..w..,,,~,,.,x..~.m.•,~ ~~,.~~:,,,, 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. County Administrator. Caskey requested that the Board advise staff of any potential dates the Board would like to hold its annual Town Meeting. Supervisor Clark noted that because in the past there has been .low attendance from the .public, he is not confident that this meeting. is the best use of the Board's and staff's time. Supervisor MacManus recommended changing the time of day and the month that the meetings have traditionally been :held. He stated most citizens have errands to run during the day on Saturdays. Chairman Bradshaw moved the. Board direct staffto bring back to the Board at its February 17, 2005 meeting recommended dates, time and a proposed agenda for the Board's ~ annual .Town Meeting. 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. County Administrator Caskey made reference to the Tyler's Beach . Boat Harbor report contained in the agenda which is intended to update the Board on the upland disposal site. He recommended that the Board adopt the resolution and Letter of Request for FYOS-06 Virginia Port .Authority grant funding, and to authorize use of $8,900 of Port funds for Phase I . Archeological Survey and potential upland site locations. Supervisor .Wright advised that there should be a permanent egress for the pipelines. Supervisor MacManus commented that .the preferred site is located behind a group of homes. County Attorney Stroman .explained the most important issue at this point is a parcel that is acceptable to the Corps of Engineers.. He stated there was: a representative from Rushmere Shores .present at a recent meeting ' on this issue, as well as extensive discussion about the S0 foot right-of--way, landscaping issues, how the material would compress over time, and the anticipated length of time of the smell. He further stated that. the representative from Rushmere Shores indicated that an information meeting would not be necessary.. Supervisor Bradby inquired how the developer could proceed :with a donation to the County without a final plat. 13 1 . ~~n~ 2~ , ~ ~~ County Attorney Stroman advised that the proffers provide that a dredge .spoil site be provided to the County in a certain period of time. He stated the developer is not going to be able to meet the one (1) year deadline of February 18, 2005 because of difficulties associated with the plat, and the developer intends to file an application to amend the proffers to extend the deadline for one (1 }year to February 18, 2006. He stated with respect to the donation of the property and. the cash contributions, the proffers tie those donations to approval of the final plat, which is customary. Supervisor Bradby moved the Board adopt the following Resolution to Accept and Appropriate Grant Funding from the Virginia Port Authority and Letter of Request for FY05-06 Virginia Port Authority grant funding, and... that staff ensure that the County has permanent easements for egress forthe pipelines: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDING FROM THE VIRGINIA PORT AUTHORITY WHEREAS, the County of Isle of Wight, .Virginia. has. made application to the Virginia Port Authority for grant funding to local governments for financial assistance for port facilities; and, WHEREAS, funds in the amount of ten thousand dollars ($10,000) or so much as shall. be received needs to be accepted and appropriated to the appropriate line item in the 2005-2006 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY. RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that ten thousand dollars ($10,000) or so much as shall be received from the Virginia Port Authority be accepted and appropriated to' the appropriate. line item in the 2005-2006 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED thatthe County. Administrator of the County of Isle of Wight, ,Virginia is authorized to make the appropriate accounting adjustments in the budget and do all things necessary: to give this resolution effect. 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 moved the Board authorize use of $8,900. in Port Funds for Phase 1 Archaeological Survey of potential upland site- locations. 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. 14 v.a ... _ _ ~ _ ....., d , ~~ .~,.,.,~~.n~ ~ _.~.. __ ~....__.. _, .. _ _~ _ . ~ .. _... .... ~,~,.,.~ . ~,. ~ ~.~.~- - ~ti,~K, ~..~~. a~~;~ ~~ rrr ~2 County Attorney Stroman addressed the issue of dredging of Tyler's Beach Boat Harbor and improvements to the proposed. County -Park, which was moved from. the County Attorney's Report under Approval of the Agenda to this point. in the agenda. He stated the County has an opportunity to take advantage of some of the work that the developer is having done, and he recommended that the Board authorize him to proceed with an emergency and sole-source procurement. Supervisor. MacManus moved the Board adopt the findings on the emergency and sole-source issues so than the County may proceed. with procurement. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright. voting in favor of the. motion; no Supervisors voting against the motion; and, Supervisor Clark absent for. the vote. .. Emily G. Haywood, Director of Human Resources, addressed the Board on the issue of an Employee Assistance Program (EAP) which is intended to provide confidential services to employees 24 hours per day, to include supervisor consultation, on-site crisis debriefing, supervisor training, . work/life seminars, referrals to community resources, free initial legal and financial consultations, crisis intervention services,. orientation video, consultation and. resources for policy development, health fair representation, web site resources, elder care and child care referral and consultation. She advised that the program offers the above services to the employee, as well as members of the employees' immediate family. Chairman Bradshaw moved the Board -adopt the Employee Assistance Program (EAP). The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and. Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent .for the vote. Ms. Haywood briefed the Board on the recent health. insurance plan renewal, negotiated down from a 10.4% increase to a 5.9% overall increase, and which includes improving the Keycare Plan which offers a substantial savings to the County. k Supervisor Wright noted that .singleemployees and employees with families are not being treated equally. County .Attorney Stroman offered to review the matter. and provide a - report on Supervisor Wright's concerns back to the Board. Chairman Bradshaw .moved the Board adopt the Health Insurance Renewal, effective .March 1, 2005; direct the .County Attorney to review Supervisor Wright's concerns about employees receiving a flat lump sum; and, provide. a report .back to .the Board at a later date convenient for the County Attorney. The motion was adopted by a vote of (5-0) with 15 .~ ,.,~,.,~,~,~.,w..,..,,.,~.~._.. ~ ~,,.... ~ _ . .... _ ,. _ _._ - . ~ - ~ .. W. gpnr ~3 ~~ u 1 1 Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. // . Chairman Bradshaw called for Old Business. Concerning Jerianne Gardner's comments under Citizens Comments, Chairman Bradshaw requested that Mr. Hartley brief the Board on the status of the Lawne's Creek development.. as well as the contra ution tote us mere p stated the developer's proffer .required that a Phase. I survey be done, and if there were sites that were identified that needed further investigation, :either the plan could be adjusted so that it did not impact that site and put in a conservation easement around the. site, or if the project could not be .redesigned, then the developer is to go to the next level of investigation. He stated details must be worked out with respect to how the conservation easements are written. Supervisor Clark directed. Mr. Hartley to advise. the Isle of Wight Historical Society of the status of the project. at its next meeting, and how the archeological lots will be protected. Mr. Hartley advised that the. engineering plans for the project have been received. He noted these plans are prepared prior to the final plat being submitted or approved.. He stated the current .issue is what the developer needs to do for the County and the state .with respect to the approval of the ..sewer project. Supervisor Clark recalled that the -lots were originally designed for septic systems, but that becauseof the soil engineering report being incorrect, that now the developer will have to build a wastewater treatment plant. Mr. Hartley stated it is his opinion that the developer will now have to seek a Conditional Use Permit from the Board. He advised that Attorney Riddick recently emailed the County Attorney and him that the developer intends to amend the proffers to extend -the date to February 1 S, 200b. He stated that there are a number of things that are contingent upon the final approval. of the final plat, to include the dedication of the fort and park land, 'b h R h Volunteer Fire De ~ artment He Following.. Supervisor MacManus' comments .that the developer believes he is waiting on the County, and that it is staff's belief that the County is waiting on the developer, Mr. Hartley offered to contact the principal for the developer to advise that the County is waiting on information from the developer. Chairman Bradshaw moved the -Board direct .staff to include a status report on the Lawnes Creek development. project in the. Consent Agenda at 16 ~9D~it- ~cj ', ~~ the first meeting of each month. The motion was adopted by a vote of (5-4) 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 Board report in the agenda concerning a Resolution to Establish A Dedication of County Property. Policy, which was tabled by the Board at its November 4; 2404 meeting, Supervisor .Clark .commented there are exceptional cases, which will be known when they come along,. and the Board has the fiscal obligation to spend the County's, money prudently. He stated there areessential needs, such as school budgets and fire and rescue needs, that are considered more of a priority at this time. Supervisor MacManus noted that if the benches were being purchased as part of the renovation of the Courthouse complex,. and the Board desired to place a plaque of dedication, this would be a more appropriate time to do these dedications. With respect to the Zoning ordinance work sessions scheduled by the Board at its previous meeting, Supervisor Wright commented that he did not feel it was in the best interest of the Board to review the proposed ordinance page-by-page.. He stated doing. so would be sending a message to the Planning Commission. that the Board did not think the Commission had done an adequate job. He stated the development community had an opportunity to attend all the public. meetings, and they had chosen not to do so. Chairman Bradshaw recommended that the Board proceed with the work session scheduled for tomorrow night, at which time the Board could decide how to proceed. Supervisor MacManus stated that the Zoning Ordinance is the single. most important tool utilized by staff in determining the future of the County, and he believes that the Board should review the sections, one by one, so that it has a full understanding of each individual. section. Supervisor Clark recommending that the Board proceed with the work session scheduled for tomorrow night, at which time the individual Board members could advise the Planning Commission members of their individual concerns. He stated the best use of the County's time. and resources would be to have the Planning Commission make contact with those in the development community who have concerns; iron these details out; and bring the document back to the .Board. He stated this county's Planning Commission is one of the sharpest Planning Commissions in the State of Virginia. County Attorney Stroman advised that the work sessions of the Board have been advertised with certain meetings beingdevoted to certain .sections of the proposed Zoning Ordinance. He advised .that public notices would have to be amended should the Board chose not to hold those work sessions. 17 .,,.~.~., ~, __ . _ ... _ ._..,~,..,.. _.. ..~~. ~,,,,.v.. _.. .-,~< e ~ e~ 23 ~`~ ~~ J -, He advised further that when the Board meets tomorrow night and reaches a point- that accomplishes. what has been advertised, and if the Board desires to move further, it will be necessary for the Board to amend its agenda in order to take up these other items. I/ Chairman Bradshaw called for New Business. Supervisor Clark noted that certain developers in the Newport District are burning their large debris piles, and he would suggest that in the Development Service Districts. that developers chip versus burn their :debris. Supervisor Clark moved that the $oard direct staffto comeback with a recommendation on whether. the County should have any regulations or ordinance prohibiting large scale open burning in the County's Development Service Districts. The motion was adopted by a vote of (S-0) with Supervisors MacMarius, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark noted a conflict with .the Board's March: 7, 2005 Board meeting. Supervisor Bradshaw discussed the possibility of combining the two (2) scheduled meetings for -the month of March into .one (1) meeting on March 17, 2005. He requested County Administrator Caskey to advise the Board at .its February 17, 2005 meeting if combining the meetings presents any issues for staff.. Supervisor Clark moved the Board cancel its March 7, 2005 Board meeting, and direct staff to make a recommendation at the Board's February 17, 2005 meeting on a time to hold the March 17, .2005. meeting. 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 Bradshaw called for Appointments. Supervisor MacManus moved the Board appoint Randolph. Barlow/Smithf eld, Betsy Egan/Smithfield, Nancy Guill/Rescue, Sandy Schlaudecker/Smithfield and Lynn Briggs/Smithfield to the CASH Program Board. 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. 18 Supervisor . MacManus moved the Board accept the. involuntary , resignation of Ida Kerney on the Commission on Aging. 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 appoint Nelson Grace, .replacing Ida. Kerney, on the Commission on Aging. 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 reappoint Michael Andrews to serve on the Community Criminal Justice 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. Supervisor C ark moved the Board appoint Diana Lewin as the representative from the Newport .District to serve. on the Isle of Wight Substance Abuse Advisory Council. 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 Bradshaw requested Mr. Robertson to contact Hazel .Edwards and inquire. if she is willing to continue serving on the Southeastern Tidewater Opportunity Project. // County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Code of Virginia to receive legal advice and briefings from staff concerning a matter of probable litigation; pursuant to Sections 2.2-3711.A.3, A.S, and A.6 for a matter concerning land acquisition for economic development purposes where discussion in open. session would jeopardize the bargaining position of the. governing body; pursuant to Section 2.2-3711.A.6 regarding a matter involving investment of public funds where, if the disclosure were made public, the position of the government would be adversely affected; .pursuant to Section 2.2-3711.A.1 regarding two (2) personnel matters concerning the performance and disciplining of County employees; pursuant to Section 2.2-3711.A.6 regarding a matter involving the investment of public funds concerning acquisition of private. property for a public purpose; and, pursuant to Section 2.2-3711.A7 concerning legal advice and probable litigation. Supervisor Clark moved the Board enter the. Closed Meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors M.,e.p.~~..,.,.~~ . ..... .. .... .... _ _. ._. __.,_ _., ..~_ ~ . *. A _ ~....._,.. ~.R.,, 1 1 ~oA~ 23 ~~ 57 MacManus, Bradby, Bradshaw,. Clark. and Wright voting in favor of ~ the motion, and no Supervisors voting against the motion. .Supervisor Wright. moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board adoptthe following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Boardof Supervisors hasconvened 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 inconformity 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 1/ Supervisor Clark moved the Board direct staff, `in conjunction with the County Attorney, to put a stay of prosecution on all civic organizations' off- premises signs until July 31, 2005. The motion was adopted by a vote of {5- 0) with Supervisors MacManus, Bradby,' Bradshaw, Clark and Wright voting in.favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board .direct Mr. Hartley, in conjunction with the County Attorney, to develop language for inclusion in the Zoning 20 Ordinance. that permits the replacement of existing non-conforming signs. 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 by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright ~~oting in .favor of the motion, and no Supervisors voting against the motion. lip A. Bradshaw, Chairman W. Doug s : skey, Cler 21