10-07-1999 Regular Meeting1
90Qd 18 -..:`U~~1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD TI-IE SEVENTH DAY OF OCTOBER IN THE
YEAR NINETEEN HUNDRED NINETY NINE
PRESENT: O. A, Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
Henry H. Bradby
Phillip A. Bradshaw
Robert C. Claud, Sr.
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Spady called the meeting to order at 2:00 p.m. Supervisor
Bradby delivered the invocation.
The Pledge of Allegiance was conducted.
//
Chairman Spady indicated the following Consent Agenda included
Items 1, A and B, and asked if there were any items for removal
August 31, 1999 Continued Meeting Minutes
September 2, 1999 Regular Meeting Minutes
Supervisor Cofer mo~~ed the. Board adopt all items of the Consent
Agenda. The motion «-as adopted with Supervisors Cofer, Bradby, Spady
and Claud ~-oting in favor of the motion (4-0) and no Supervisors voting..
against the motion. (Supervisor Bradshaw was not present for the vote.)
//
Chairman Spade called far Transportation Matters.
Jonathan ~~'. Hartleti~, Director of Planning and Zoning, distributed. a
s'~?.man' of the minutes of the Location and Design Public Hearing on the
Route 250 Connector Proje~;t.
Supe~~isor Cofer requested 1"vfr. Bartley take appropriate action to
begin t'r-re prociss of hati~ing a "Schc}ol I3us Stop Ahead" sign installed on
Central I~ i lI Road.
9o~K 1~ -~ 620
Supervisor Bradby noted that Hurricane Floyd had damaged the
permanent bridge at .the Sunry/Isle of Wight County line and VDOT had
installed. a temporary bridge in its place: He inquired as to the safety of this
temporary bridge.
Mr. Hartley noted he .would direct Supervisor Bradby's inquiry
regarding safety. of the temporary bridge to the VDOT Resident Engineer, as
he did not know the tonnage ratings for these temporary bridges.
Supervisor Bradshaw requested Mr. Hartley contact him to set up
another meeting with the Resident Engineer:
//
Chairman Spady called for Citizens Comments.
Grace Keen expressed her concern over the unavailability of an
ambulance due to a lack of volunteer drivers. during a recent illness of her
son.
Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources, briefed Mrs. Keen and the :Board on the status of
hiring individuals forthe paid rescue squad positions. He noted a meeting is
scheduled for next week to review the applications, but the hours of duty for
paid personnel would. probably be between 8:00 a.m. and 5:00 p.m. He
noted that emergencies that occur before and after these times would still be
dependent upon the. volunteer system.
Bob Hayes requested the Board's support in having Echo .Lake
repaired and permanently restored so that the lake and .surrounding wetlands
are restored as closely. as possible to pre-storm conditions. Mr. -Hayes
presented the Board with a petition containing seventy (70) names infavor
of restoring the lake.
Chairman Spady suggested that Mr. Hayes also contact his General
Assembly representatives to request assistance at the State level.
//
Chairman Spady called for the Community Development report.
Mr. Hartley presented the Eagle Harbor Access Management Plan to
the Board for its consideration. He noted the Planning Commission
.discussed the Plan and arrived at the following two (2) conclusions:. 1) there
is the need that the parcels. west of Route 17 be :connected internally and 2)
there is a need for pedestrian access not only within each of the major blocks
but. also across Route 17 and Smith's Neck .Road. Mr. Hartley stated the
2
~~~~ ~ 1~~ -.,::621
Planning Commission recommended (9-0) that the Board approve the
Access Management Plan.
Chairman Spady- and Supervisor Cofer requested Dean Vincent,
Kimley-Horn & Associates, to eliminate, if possible, one (1) of the proposed
traffic lights along Route 17 as there will be approximately. four (4) stop
lights within a 1.5 mile distance.
Mr. Vincent noted these signal lights are in the proffers and are a
requirement of the development. He stated the signal lights would be
interconnected from a timing sequence standpoint.. He also stated a Master
Sewer Plan had been filed with the County, .along with the Access
Management Plan and Stormwater Quality Plan for the entire development.
He stated plans are in the process to bring the water main from the Route 32
to the Route 258 intersection to the property and he anticipates beginning
:the offsite work the first of January, 2000.
Supervisor Bradshaw expressed a concern with traffic congestion in
this area and noted that he does not know how it can be predicted that the
traffic flow will not be interrupted.
Supervisor Cofer moved the Board approve the Access Management
Plan provided the concerns are addressed that the parcels on the west side of
Route 17 would be connected without using Route 17 and that pedestrian
access would be provided across Route 17 from each side. The motion was
adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0) and no Supervisors voting against the motion.
Mr. Hartley presented the Preliminary Plat and the Water Quality
Impact Assessment of Ashby Subdivision, Section II, Route 17, Carrollton
Boulevard, Newport Magisterial District for the Board's consideration.
Mitchell Wilcox, Commomvealth Engineering Group, stated the
development is in its last phase. He stated he is seeking a waiver on the
length of the cul-de-sac because there is no other way to connect into this
piece of land.
Supervisor Cofer noted if the Board approves this design proposal, the
County will be allowing all thirty-four (34) lots at the fifty (50) foot setback
(from the Resource Protection Area).
Supervisor Claud moved the Board approve .the Water Quality Impact.
Assessment. The motion was adopted (3-2) with Supervisors Bradby, Spady
and Claud voting in favor of the motion and Supervisors Cofer and
Bradshaw voting against the motion.
Supervisor Cofer moved the Board approve the waiver requested on
the length of the cul-de-sac street and the existing road widths. The motion
3
9o~h 18 r;:~-6~2
was adopted (4=1) with Supervisors Cofer, Bradby, Spady and Claud voting
in favor of the motion. and Supervisor Bradshaw voting against the motion.
Chairman Spady moved the Board approve the preliminary plat with
corrections to be made as referenced by staff. The motion was adopted (4-1)
with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the
motion and Supervisor Bradshaw voting against the motion.
H
Chairman Spady called for the Public Utilities report.
There was no Public Utilities report presented.
//
Chairman Spady called for the Economic Development report.
There was no Economic Development report presented.
//
Chairman Spady called for the Parks and Recreation report.
There was no Parks and Recreation. report presented.
//
Chairman Spady called for the County Administrator's report.
County Administrator Casket' provided the Board a status report on
sheltering operations and activities and the financial impact incurred during
Hurricane Floyd Mr. Casket' stated for the Board's review is additional
information regarding sheltering at .the two (2) County shelters from the
Director of Social Services, reports on damage assessment of agricultural
crop damage in the amount of $6,015,000,. information from the
Superintendent of Inspections noting an assessed value of property damage,
a memorandum from the Director of Public Utilities providing the Board
with a highlight of infrastructure .damage relative to water and sewer
systems, an update on roads affected by .the hurricane. by the Director of
Planning and Zoning, information provided by the Director of Parks and
Recreation relative to various County-owned recreational facilities
indicating a total of $54,960 in estimated damages, information provided by
the Director. of Budget and Finance regarding damages to County property
and information generated by the Director of Social Services regarding
aspects of disaster relief.
4
BQ~it 1J -,::~~23
Mr. Hartley noted he has received notification from VDOT that Holly
Run Road and Joyners Bridge Road are now open for traffic..
1
Mr. Robertson briefed the Board on the current status of the :radio
communications equipment. He stated the County's communications
equipment was affected by an electrical storm that occurred in late July. He
stated staff filed .the necessary claims with the insurance carriers and
contacted various vendors to obtain cost information. He stated the
equipment was ordered in August and that Commercial Radio. had. advised
that it would take approximately ten (10) days to receive the. equipment,
however, staff was advised this past week that the .equipment had just been
received. He stated .technicians have installed the new equipment and
determined that there were electrical problems, as well as problems with the
telephone line and, as of this morning, technicians have been working to
resolve these two (2) remaining issues. He stated the piece of equipment
that was damaged was a 100 watt unit, but a 45 watt replacement unit has
been installed which had hampered operations somewhat because it is not
up to the same standards as the original unit.
Chairman Spady and Supervisor Claud requested Mr. Robertson make
daily contact with Commercial Radio until the matter is resolved and advise
the Board when the appropriate repairs are completed.
County Administrator Caskey stated .the County's Extension Agent,
Robert Goerger, has requested that the Board defer consideration of the
Resolution to Request the Governor Declare Isle of Wight County an
Agricultural Disaster Area until a future meeting so that a better assessment
of the damage can be determined.
County Administrator Caskey presented a request for tax. abatement
for prorated tax relief from a County resident whose home .and. personal
properly were severely damaged during. Hurricane Floyd.
County Attorney Crook stated he was not prepared to address the
request at this time as he has not been provided sufficient time to review the
request.
Supervisor Claud moved. the Board direct the County Attorney and
staff to pursue what the County's options may be and. provide the Board
with a recommendation. The motion. was adopted with Supervisors Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
1
County Administrator Caskey. presented the proposed Capital
Improvements Budget (CIP) - FY2000-2004 and the Capital Projects
Budget - FY 1999-2000. He stated staff is recommending the Board proceed
to authorize staff to advertise these two (2) documents for public hearing at
the Board's October 21, 1999 regular meeting.
5
eo~a 18 >~r624
Supervisor Claud moved the Board authorize the advertisement of the
FY2000-2004 CIP and the FY99-00 Capital Budget for public hearing at the
Board's October 21, 1999 meeting. The motion was adopted with
Supervisors Cofer, Bradby, Spady, Bradshaw and Claud. voting in favor of
the. motion (5-0) and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY THREE
THOUSAND NINE HUNDRED SIXTY EIGHT DOLLARS FROM THE
UNITED STATES DEPARTMENT OF EDUCATION
WHEREAS, the School Board of the County of Isle of Wight has
received grant funds. from the United States Department of Education for
various grant projects; and,
WHEREAS, funds in the amount of fifty three thousand nine hundred
sixty eight dollars ($53,968) need to be appropriated to the following grant
line items in the 1999-00 School Operating Budget of the County of Isle of
Wight, Virginia:
IDEA Part B Sliver Grant $ 20,981
:Goals 2000 -Computers 32 157-
Goals 2000 -Training X830
53 968.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of .Isle of Wight, Virginia that fifty
three thousand nine hundred sixty eight dollars ($53,968) be appropriated to
the appropriate. school grant line items in the 1999-00 Operating Budget of
the County of Isle of Wight.
BE IT .FURTHER RESOLVED that the County Administrator of the.
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted with Supervisors Cofer, Bradby, S~pady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
County Administrator Casket' presented a request from the County's
Beautification Committee to adopt a Resolution to Designate the -Crepe
Myrtle. ree as the Official Tree of Isle of Wight County.
Supervisor Claud .moved that the Board consider the resolution at its
next meeting and, in the meantime, staff is to .investigate whether the Crepe
11
6
ao~~~ 18 ~r:: 6?5
Myrtle is regarded as a bush or a tree. The motion was adopted .with.
Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of
the motion (S-0) and no Supervisors voting against the motion.
1
County Administrator Caskey presented the draft 2000 Legislative
Priority List for the Board's consideration. He noted the Board could take
action on the proposed list at its first meeting in November.
Supervisor Bradshaw stated comments from the Commonwealth
Transportation Board are that staff redefine and narrow the scope on Item
# 1, "Transportation Funding for Realignment of Route 258 .from. Smithfield
to Route 58" to identify- the .projects to accomplish this overall
transportation improvement instead of taking such a broad approach.
County Administrator Caskey stated VACo is requesting that each
County designate a .representative and an alternate of the Board to cast any
votes at the VACo Annual Meeting.
Supervisor Cofer moved the Board designate Supervisor Claud as the
voting delegate. The motion was adopted with Supervisors Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion (S-0) .and no
Supervisors voting against the motion.
1
Supervisor Claud moved the Board designate Supervisor Cofer as the
alternate voting delegate. The motion was adopted with Supervisors Cofer,
Bradby, Spady, Bradshaw and Gland voting in favor of the motion (S-0) and
no Supervisors voting against the motion.
County Administrator Caskey stated the Board at its September 21,
1999 meeting identified December 4, .1999 for its annual Retreat from 8:30
a.m. until 5:00 p.m. He stated the .Board directed staff to proceed with
alternatives for the Board's consideration relative to a proposed location of
this Retreat.
The Board agreed to Smithfield Foods Corporate Headquarters for the
location of its Retreat on December 4, 1999.- Chairman Spady requested
staff take appropriate action for booking this location.
1
Responsive to Mrs. Keen's earlier stated concern regarding. fire and
rescue issues, Chairman Spady moved that the Board direct the County
Administrator to contact the Smithfield Town Manager and Mayor .and set
up a meeting between himself and Chairman Spady with the President and
Captain of the Smithfield Volunteer Rescue Squad to discuss a potential
solution to address how citizens' emergency needs can be met after hours
since hiring someone from- 8:00 a.m. until 5:00 p.m. will not totally solve the
problem. The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (S-0) and no Supervisors
voting against the motion.
aooK 1$ >~~fi26
County Administrator Caskey presented a request from Kevin. Duck,
President, Carrsville Volunteer Fire Department, for the Department to be
allowed permission and authorized funding to purchase a cargo container to
be used for storage of certain emergency supplies on their premises.
Supervisor Bradshaw moved the Board direct the County
Administrator to review the request and make a recommendation to the
Board on whether the cargo container should be stored at a school shelter
site and .contact Mr. Duck in the meantime to advise that his request is under
review. The motion was adopted with .Supervisors Cofer, Bradby, Spady,
Claud and Bradshaw voting in favor of the motion (5-0) and no Supervisors
voting against. the motion.
.County Administrator Caskey presented a request of Marisa Beale for
a County contribution to participate in the Pride of America Program, Inc.
Supervisor Claud moved the Board donate $150. .The motion. was
adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0) and no Supervisors voting against the motion.
//
Chairman Spady called for Old Business.
There was no old business offered for discussion.
//
Chairman Spady called for New Business.
Supervisor Claud suggested staff -and associated agencies .involved
with Hurricane Floyd have a critique session to review areas that could be
improved and report back to the Board -with -their recommendations.
Supervisor Claud offered to serve as the Board's representative.
Supervisor .Bradshaw moved the Board direct staff coordinate and
bring back a recommendation concerning a critique of all the agencies that
helped with the recent emergency sheltering in the County and that
Supervisor Claud be appointed as the Board's representative. The motion
was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
//
Chairman Spady called for Appointments.
1
[1
8
90~K 10 .'eJ~.~.1
County Administrator Casket' distributed a late item. from Sheriff
Phelps requesting permission to replace Deputy C. B. Nurney on the
Community Policy & Management Team.
Supervisor Bradshaw noted that the Board only appoints citizen
representatives and he requested County Administrator Casket' to advise
Sheriff Phelps that he could proceed with replacing Deputy C. B. Nurney as
the alternate on the Community Policy & Management Team.
//
Chairman Spady called for the County Attorney's report..
County Attorney Crook distributed a Resolution to Amend the
Overtime Provisions of the Compensation Plan of the County Personnel
Policies and Procedures Manual for the Board's consideration. County
Attorney Crook. stated he took what was presented to the Board at its last
meeting and put it into a resolution form to amend the Plan itself. County
Attorney Crook stated he recommends the Board adopt the Resolution to
make this amendment.
Supervisor Cofei- moved the Board adopt the following resolution:
RESOLUTION TO AMEND THE
OVERTIME PROVISIONS OF THE COMPENSATION
PLAN OF THE COUNTY PERSONNEL POLICIES
AND PROCEDURES MANUAL
WHEREAS, the Isle of Wight County Personnel Policies and
Procedures Manual addresses the County's policies and procedures
regarding overtime compensation; and,
WHEREAS, Section 3.4 of said Personnel Policies and Procedures
Manual is to be amended to reflect a change in overtime compensation so as
to delete the requirement that it be for emergencies only and to add
administrative regulations for overtime.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board. of Supervisors of Isle of Wight County, Virginia, that ARTICLE
III, Compensation Plan, Section 3.4 be amended to read as follows:
Section 3.4
1
Overtime
Overtime shall be authorized when regularly scheduled work hours
exceed the Fair Labor Standards Act (FLSA) standards for the
granting ofovertime.
9
aooK 18 >.:: 628
The. County Administrator shall designate those positions which are
eligible for overtime pay and compensatory .leave. and those which are
not eligible for such pay and leave in accordance with the standards of
the Fair Labor Standards Act. The County Administrator shall
develop administrative regulations pertaining to overtime and monitor
compliance with the provisions of the Fair Labor Standards Act, which
shall include the following:
1. Compensation time should be granted in lieu of overtime pay in
all situations where possible. The accumulation of overtime
should be .discouraged and procedurally kept to a minimum,
adjusting schedules and staffing to .minimize. the accumulation
of overtime.
2. All- overtime must be approved in advance of occurrence by the.
employee supervisor.
3. Prior to disbursement of compensation, the Department Head
must authorize the payment of overtime compensation..
4. .Overtime pay will be disbursed as funds are made available
through the budget adoption/amendment process.
The motion was adopted (5-0) with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Crook presented a contract with J. Sanders.
Construction Company of West Point, Virginia. for the construction of the
water line in the Northern Development Service District stating he
recommends the Board approve the contract subject to his approval as to
form.
Chairman Spady moved .the Board approve the contract subject to the
approval as to -form by the County Attorney and authorize the Chairman to
.sign. The motion was adopted (5-0) with Supervisors Cofer, Bradby, Spady,
Bradshaw and .Claud voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Crook advised that he has received the deed. for Fort
Boykin and it has been recorded.
//
10
eo~~ 18:~:~6~9
County Attorney Crook requesteda closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning advice of counsel and
staff concerning four (4) items involving acquisition of property. where
public disclosure could. jeopardize the negotiations for the contracts for these
properties; under Section 2.1=344 A7 concerning two (2) items dealing with.
contract negotiations for advice of counsel and under Section 2.1-344 A i
concerning consultation with staff and legal counsel concerning one (1)
personnel matter.
County Administrator Caskey requested a closed session .under
Section 2.1-344 Al of the Freedom of Information Act concerning
consultation with staff and legal counsel concerning two (2) personnel
matters.
Supervisor .Bradshaw requested a closed session under Section 2:1-
344 A3 concerning advice of counsel and .staff regarding one (1) matter
involving acquisition of property where public .disclosure could jeopardize
the negotiations for the contract ofthis property.
Chairman .Spady moved the Board enter closed session for the reasons
stated. The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Upon returning to open session, Chairman Spady 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 a~nmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344.1 A of the Code of Virginia requires a certification
by this Board of Supervisors that such closed meeting was conducted in
conformity with Virginia law;
1
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: Cofer, Bradby, Spady, Bradshaw and Claud
11
~a~~ 18 ~~.:~636
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was .adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and. Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
//
County Administrator Caskey stated the County Attorney has
forwarded to him two (2) letters from constituents in Isle of Wight, England,
acknowledging their sentiment that whey hope it will be possible to see the
Board this Spring.
//
At 5: I S p.m., Supervisor Bradby moved the Board adjourn. The
motion was adopted unanimously (5-0).
Q. A. ~dy, Chai n
12