09-05-2002 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF SEPTEMBER IN THE YEAR
TWO THOUSAND AND. TWO
PRESENT: Robert C. Claud, Sr., Chairman
Richard. K. MacManus, Vice Chairman
Stan D. Clark
Phillip A. Bradshaw
Henry H, Bradby
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 2:00 p.m. and delivered
the invocation.
The Pledge of Allegiance- was conducted.
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Chairman Claud called for Special- Presentations.
County Administrator Caskey formally introduced to the public Jacob
P. Stroman, IV as the new County Attorney effective November 1, 2002.
Chairman Claud stated due to a ~ scheduling conflict Joe Luter could
not be present and the Resolution to Recognize. Joseph W. Luter, III for
Outstanding Achievement would be presented at a future meeting.
Arthur L. Collins, Executive Director, Hampton Roads Planning
District Commission, provided a brief presentation on the six (6) major
transportation projects included as part of the Hampton Roads
Transportation Referendum to be considered by the voters on November 5,
2002.
. Supervisor Clark stated there are tremendous transportation. needs
statewide. He asked why the General Assembly did not increase sales taxes
.statewide to account for all the transportation needs rather than leaving it up
to the various jurisdictions to go .through anon-governmental entity to
achieve these goals.
Mr. Collins stated representatives in the General Assembly feel that
the problems are unique to Hampton Roads. and northern Virginia and they
believe that the voters should solve their own problems.
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Supervisor Clark asked if there is a provision for a jurisdiction. to opt
out if halfway through the process it becomes evident that the 1 % sales tax
is not going to allow all the projects to be built.
Mr. Collins stated there is no provision for a jurisdiction to opt out and
the tax will be levied until the projects are paid for.
Supervisor Clark asked what .will. happen if the 1 % sales tax is not
sufficient to cover the bonds.
Mr. Collins stated if it ever went below 4%, which is a lot less. than the
twenty (20) years history, then it would just add another year to the payment
of the debts, rather than thirty-five (35), it would be thirty-six (36) years.
Supervisor Clarke inquired if these projects could affect the VI)OT
funding formula.
Mr. Collins stated the law states when the projects are finished being
paid for, the tax comes off and the State can not reduce a locality's. normal
allocations for the secondary or urban systems because of the referendum.
Pete Farmer, Chairman, Commission on Aging, briefed the Board on
the results of a recent survey conducted to assess the needs ~ of seniors in the
County. He noted seniors have indicated additional assistance. is needed in
the areas of domestic help, such as yard work and housekeeping; heating in
the winter; medication; and transportation.
Supervisor MacManus suggested Mr. Farmer could provide staff with
educational materials centered towards senior citizens to be displayed on the
..PEG channel.
Matt Favre, Director of Operations, Charter Communications, briefed I
the Board on the status of the cable rebuild in the County.
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Chairman Claud inquired if a meeting has been scheduled for the
Windsor area and, if so, how was it advertised.
Mr. Favre stated a meeting was held in the Windsor area last week and
it was advertised in The Tidewater News. He stated only five (5) residents.
came to the meeting.
Chairman Claud stated very few people .knew about the meeting and
suggested that another meeting be held. He stated since the new cable has
been- installed in the Windsor area, the reception is much better, however, he
is still receiving ,the Suffolk PEG channels.
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Mr. Favre stated Charter switched over into the new head ~ end signal
processing facility last night that how provides the analogue signals and the
next step is to move the fiber out that is fed from the old head end into the
new head end at which time he can adjust how signals. are provided to
different areas of homes. He stated Charter .will be able to provide the
County with a PEG channel into the Windsor area in the near future.
Chairman Claud stated the Board did not approve. the franchise
agreement that included an extension of time at its last meeting and Mr.
Favre sent a letter to the County Administrator dated August 17, 2002.. He
stated in Mr. Favre's tenure with Charter he has developed a good
relationship with this Board, however, the letter was a disappointment to
him as he interpreted it as a threat that Charter was going to have a PEG...
channel for the County and if the Board did not approve this agreement in
.its present form the PEG channel :would be pulled back. He stated he
understands Smithfield. and Windsor have PEG channels and they are not
extending their franchises and he believes the letter was very uncalled for.
He stated he thought the relationship between Charter and this Board was
one of trust and he saw the letter as breaking that trust and posing a threat to
the County.
Mr. Favre stated he is willing to work with the County in providing a
PEG channel and Charter has not approached Smithfield or Windsor
because Charter has .never guaranteed them full access to the PEG channels..
Supervisor Bradshaw. stated. he was not aware that Franklin was going
to put in on the County's channel and issues such as this require
coordination with the Board. He requested Mr. Favre provide the County
Administrator with information relating. to balancing out the rates- in the
various areas of the County.
Supervisor Clark reported the upper channels in the Carrollton area are
fuzzy.
Mr. Favre advised this is a power problem which will be resolved
when all the power sources are in place.
Chairman Claud reported that he also has a complaint from the Gatling
Pointe area for the upper channels. He stated he would provide the County
Administrator with the individual's name and address for him to forward to
Mr. Favre.
Randy Lawhon, Director of Sales & Marketing, Computex,
Incorporated, presented a proposal to the Board regarding the development
of a neighborhood area network to serve.. the Eagle- Harbor. community, to
include. Internet, Intranet and cable television service.
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Supervisor MacManus stated Computex, Incorporated, is essentially
looking to the County for a franchise agreement to provide cable and
intranet service. He inquired if there is any intention to provide public.
access channels for the County or the Town of Smithfield.
Mr. Lawhon stated there are currently two (2) channels reserved for
broadcast into the community and space on .the intranet. can also be provided
to the County.
Chairman Claud requested a reference list of other. companies wl~o
have utilized the services referenced by Computex,. Incorporated today.
Mr. Lawhon replied there are other individual companies: that are
doing it community-wide and he could provide the Board with a reference
list of other smaller companies'who are doing it on an individual community
basis.
Henry J. Lewis, Executive Director, KIDTECH, Inc., presented a
request for any immediate available funding from the County for FY02-03 to
help maintain its reduced staff and services and in order to continue to
provide learning centers in the County and Hampton Roads region.
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Supervisor MacManus inquired what kind of contributions has Mr.
Lewis received from the larger cities where Kidtech is making a much larger
contribution.
Mr. Lewis stated the City of Norfolk provides $25,000 annually to
operate the southside central support center and the City of Hampton
provides $20,000 annually to operate their center. He stated the City of
Newport News provided a grant of $60,000 which is used to operate a center
located there.
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Chairman Claud indicated the.. following Consent Agenda included
Items 1, A through K, and.asked if there were any items for removal:
A. Resolution to Recognize the 250` Anniversary of the Town of
Smithfield
B. Resolution to Support the East Coast Placement of Super Hornet
Aircraft at NAS Oceana
C. Resolution to Support Frank W. Chandler, III for the NACo
Board of Directors
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D. Resolution to Submit an Application and to Accept .and
Appropriate V-Stop. Grant Program Funds From the
Commonwealth of Virginia
E. Resolution to Accept and .Appropriate Litter .Grant Program
Funds From the Commonwealth of Virginia
F. Resolution to Accept and Appropriate $27$,194 for Various
Grant Programs
G. Action List Status Update
H. Drainage and Stormwater Runoff at Founder's Pointe
I. The application of G. Fred Walls for an exception to Section 4-
4-4-1 of the Isle of Wight County Subdivision Ordinance for the
purpose of having an existing drainfield located on a proposed
family member lot. Hardy Magisterial District, Tax Parcel No.
38-01-034A.
J. August 6, 2002 Continued Meeting Minutes
K. August 6, 2002 Regular Meeting Minutes
County Administrator Caskey requested the Board remove Item (B)
from the Consent Agenda.
Supervisor MacManus requested the Board remove Item (I) from the
Consent Agenda for further discussion.
Supervisor Clark requested the Board remove Item (H) from the
Consent Agenda.
Supervisor MacManus moved the Board remove Items (B), (H) and (I)
and adopt the Consent Agenda. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey recommended if the Board is
considering approving the resolution under Item (B) responsive to the request
of the City of Virginia Beach that it consider an amended resolution which
.removes the last. paragraph and makes a .statement of the Board's support for
the placement of the Super Hornet Aircraft on the east coast being stationed
at Oceana, but does not take a position relative to the county government in
eastern North Carolina.
Chairman Claud moved the Board adopt the Resolution
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Supervisor Clark noted that the City of Virginia Beach has not
supported the County's efforts to implement a severance or cigarette tax or
on water issues.
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Supervisor Bradshaw concurred the County has not received positive
responses from the City of Virginia Beach .with regard to supporting the
County on the tobacco tax.
Supervisor MacManus stated he would be ,inclined to adopt the
resolution if the City of Virginia Beach would. be inclined to adopt the
County's resolution of support for a cigarette tax.
Chairman Claud withdrew his motion to adopt the resolution...
Chairman Claud moved that staff contact the City. of Virginia Beach to
determine if the County can obtain. their support on the cigarette tax and
depending on the City's response the County will decide to take action on the
amended Resolution to Support the East Coast Placement of Super Hornet
Aircraft at NAS Oceana. The motion was .adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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.Supervisor Clark requested the Director of Planning and Zoning -brief
the .Board on Item (H) on the Consent Agenda.
Jonathan W. Hartley, Director of Planning and Zoning, stated pursuant
to the comments made by Thomas Finderson, he reviewed the drainage plan
and the water quality impact assessment (WQIA) submitted for Founder's
Point. He stated when the construction plans are received staff will know
definitively how the drainage will be directed. He stated the WQIA will be
on the Board's agenda for September l9, 2002 and if there is a concern with
drainage, this will be an appropriate time to make the statement and add a
condition if the Board desires.
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Regarding Item (I) under the Consent Agenda, Supervisor MacManus
stated the Board considered a similar application where a drainage field was
proposed to be shared and this Board ruled against the application. .
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Mr. Hartley stated the existing drainfield will be located on the new lot
proposed.. He stated the new lot will require the use of an alternative. disposal
system. He stated the drainfield is already located on the lot being created
and that property will be served by an alternative drainfield.
Supervisor MacManus inquired if each home would have its drainfield
on their own property.
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Mr. Hartley replied "no" that. Mr. Walls' drainfield will be on his son's
property.
Supervisor Clark stated there is no guarantee the property will always
remain in the family and there could end up being two (2) unrelated citizens
owning either lot.
Mr. Hartley stated .why the County requires the drainfield to be on the
same ,lot because of legal. complications it creates once the property is not in
the family. He stated the lot that the applicant is proposing to create does not
meet the minimum lot size and will require a variance which will go before
the Board of Zoning Appeals next week.
Supervisor MacManus stated his concern is the legal ramifications
which. is the concern the Board had with the Macclesfield application.
Supervisor Clark stated the Board denied the Macclesfield application
.based on the same rationale and the Board should be consistent in its
decisions.
Supervisor Bradshaw requested Mr. Hartley provide the Board with
the exceptions granted by the Board in the past so the Board can evaluate the
information.
Supervisor Bradshaw moved the application under Item (I) of the
Consent Agenda be sent to the Planning Commission for their review and
recommendation and, in this application, .attach the historical
recommendation of exceptions which have been granted by the .Board of
Supervisors. The. motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Chairman Claud. called for Regional Reports.
Supervisor MacManus reported the Southeastern Public Service
Authority is placing a great deal of study in the arena of recycling to
determine the most cost-effective means of moving forward .with recycling
efforts.. He noted a presentation was provided on .the ability to recycle
computers which are not useful in that the materials that are trashed are
considered hazardous waste and SPSA is looking at how best to handle that
in the Hampton Roads area.
.Chairman Claud reported a subcommittee. of the High Growth
Coalition met in Richmond on August 16, 2002 that included the Secretary
of Transportation, the Secretary of Natural Resources and the Secretary of
Commerce and Trade. He noted the County was asked to submit to them
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items that they could work with the County on from a policy and legislative
standpoint. He stated they also agreed to appoint a liaison from each of
-those departments to work with the High Growth Coalition to determine
what can be worked out. He stated a subcommittee of the High Growth
Coalition will be meeting in the form of a retreat in Richmond on Thursday,
September 26, 2002 from 9:00 a.m. until 4:00 p.m. and Friday, September
27, 2002 from 9:00 a.m. until 1:00 p.m. to set strategies and legislative
agendas for the upcoming General Assembly session. He stated at the
September 26, 2002 meeting all localities will be requested to submit their
top three (3) legislative priorities for evaluation. in .attempting to establish
the. Coalition's agenda.
Chairman Claud reported he attended a meeting at International Paper,
sponsored by the company which was .attended by Congressman Forbes'.
Assistant, Rick Frances, regarding items IP is concerned about which are
coming before Congress. He stated he was also able to tour the recycling
facility at that time.
Supervisor Clark reported only routine matters were discussed at the
Western Tidewater Regional Jail Authority meeting.
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Chairman Claud called for Transportation Matters.
James Randolph, Planner, noted the VDOT Resident Engineer would
be present at the Board's September 19, 2002 meeting and he requested the
Board members forward their individual concerns to him in .anticipation of
Mr. Neblett's presentation before the Board..
Mr. Randolph presented a Resolution of the Board of Supervisors of
Isle of Wight County to Designate Blue Ridge Trail, Route 600, as a Rural
Rustic Road for the Board's consideration.
Supervisor Clark moved the Board adopt the following Resolution to
include the comments of Chairman Claud.. that this Board "pledges" be`
deleted and this Board "endeavors" be inserted. .
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RESOLUTION OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY
TO DESIGNATE BLUE RIDGE TRAIL, ROUTE 600,
AS A RURAL RUSTIC ROAD
WHEREAS, during the 2002 session of the General Assembly,
legislation was passed to revise §33.1-70.1 of the Code of Virginia, to allow
for the improvement and hard surfacing of certain roads deemed to qualify
for and be designated a Rural .Rustic Road; and
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WHEREAS, VDOT has expressed a willingness to adopt this concept
on a pilot. basis ,until the program is fully implemented to assist in
developing and defining the guidelines to be used for the program; and be
evaluated by VDOT with regard to safety, resident concerns, and
environmental issues; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation concurs with this designation, and ,
WHEREAS, Blue Ridge Trail, Route 600, is located in aloes-density
development area, and does not have a .traffic count that exceeds 500
vehicles per day, and
WHEREAS, this Board is unaware of any pending development that
will affect the existing traffic on this road, and
WHEREAS, Blue Ridge Trail, Route 600, traverses an area known for
.its relaxed ambiance and should. be considered for designation as a Rural
Rustic Road, and
WHEREAS, Blue Ridge Trail, Route 600, is included in the six-year
improvement plan for Secondary Roads of the State System of Highways for
Isle of Wight County, Virginia:
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Isle of Wight County, Virginia, we hereby designate Blue
Ridge Trail, Route 600, a Rural Rustic Road.
BE IT FURTHER RESOLVED, this Board requests that this road be
hard. surfaced and, to the fullest extent prudent, be improved within the
existing right of way and ditch lines to preserve as much as possible the
adjacent trees,. vegetation, .side slopes and rural rustic character along this
road in their current state.
BE IT FURTHER RESOLVED, this Board pledges to preserve the
rural. character of this road as it pertains to development.
BE IT FURHTER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia Department of
Transportation.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Randolph presented a Resolution of the Board of Supervisors of
Isle of Wight County Requesting Addition of Certain Roads Into the
Secondary System of State Highways (Barton's Landing, Ballard Creek
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Drive, Beech Court, Hemlock Court, Plantation Lane and Tulip Poplar
Court) for the Board's consideration.
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Supervisor Clark moved the Board adopt the following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, REQUESTING ADDITION OF CERTAIN
ROADS INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the streets known as Barton's Landing, Ballard :Creek
Drive, Beech Court, Hemlock Court, Plantation Lane, and Tulip Poplar
Court and further described on the attached Addition Forms SR-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's
Office of the Circuit Court of Isle of Wight County; and,
WHEREAS, the Resident Engineer for.. the Virginia Department of
Transportation has advised this Board the streets meet the requirements
established in accordance with secondary road policies and the Subdivision
Street Requirements of .the Virginia Department of Transportation and Isle
of Wight County Subdivision Ordinance relating to acceptance of .streets
into the State's Secondary Road System.
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NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that this Board .requests the Virginia
Department of Transportation to add the streets described on the attached
Addition Forms SR-5(A) to the Secondary System of State Highways,
pursuant to Section 33.1-229 of the Code of Virginia, and the Department's
Subdivision Street Requirements,
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of--way, as described, and any necessary easements for.
cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia Department of
Transportation.
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The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud .voting. in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Claud requested the status of South Johnson Avenue.
Mr. Randolph reported staff is working with Verizon and Virginia
Power and the project on South Johnson .Avenue is anticipated to begin in
the near future. He stated the contractor will move from the Route. 620..
project back to South Johnson Avenue and once the contractor is on-site, the
project should be completed within two (2) weeks.
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Supervisor Bradshaw requested Mr. Randolph pursue discussions with
the Resident Engineer with regard to the latest impact on State funding for
transportation projects in the County.
Carl Hill requested a speed limit sign be installed on Yellow Rock
Lane, that the State begin. cutting along the edge of Yellow Rock Lane and
that the Sheriff s Department also begin surveillance along,this roadway.
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Chairman Claud called for Citizens Comments.
Nancy Guill of Rescue offered assistance to the Department of
Planning and Zoning in developing the character of the Carrollton area.
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Chairman Claud called for the County Attorney's report.
County Attorney Crook distributed copies of the proposed YMCA
Lease which contains the changes requested by the Board regarding. the
waiving of the fees for the Volunteer Fire and Rescue Association members
.and to provide programs and services for the County schools.
Supervisor .Clark moved the Board approve the YMCA Lease and that
the County .Administrator be directed to prepare a cover letter under the
Chairman's signature -that highlights the pages involving the benefits to the
schools and Fire. & Rescue .Association for their files. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
County Attorney Crook distributed a copy of the Lease between the
Somersets and the Visitors Bureau.
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Diane W. Howard, Director of Tourism, stated the lease. has been
reviewed. by the Director of Budget and Finance and it appears that the lease
has been changed to the County's satisfaction.
Supervisor MacManus moved the Board approve the lease based upon
the comments offered by the Director of Tourism that all items have been
addressed to the Bureau's satisfaction and contingent upon the .County
Attorney's approval as to form. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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County Attorney Crook presented the deed for the well site for the
Eagle Harbor property given to .the County that is not going to be used for a
well site. and the County is selling the property back to Eagle Harbor.
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Chairman Claud moved the Board approve the deed and authorize the
Chairman to sign it on behalf of the County. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors. voting against the motion.
,County Attorney Crook stated the Windsor Volunteer Rescue Squad
and the Director of Emergency Management believe there may be an
encroachment of the structures on the utility easement requested by the
Town of Windsor.. He distributed a copy of the physical survey which the
Town of Windsor had been requested to prepare which clearly shows that
the structures do not encroach on the utility easement. He requested the
Board authorize him to go forward .with procuring the deed and final plat.
Supervisor Bradshaw moved the Board authorize the County. Attorney
to obtain the final deed and plat of the utility easement for the Town of
Windsor. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no
Supervisors voting against the motion.
County Attorney Crook reported the matter of Isle of Wight County vs.
AES is set for trial March 14, 2003.
County Attorney Crook reported that he has reached an agreement
with the attorney for Verizon who is .going to make certain revisions in the
proposed contract and mail it back to him. He requested the Board approve
the contract with Verizon subject to his review.
Supervisor Clark moved the Board approve the Verizon contract
subject ~to the approval as to form by the County Attorney. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting. in favor of the motion (5-0) and no Supervisors voting against the
motion.
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County Attorney Crook stated he mailed a report to the Board
regarding the real estate tax exemption or deferral for the elderly. and
handicapped that is also included in the County Attorney's report. He stated
there was a question about raising the exempted amount so as to still qualify
for the tax exemption. He stated the Ordinance. provides combined income
of $18,000 of which $4,000 of each relative not to be included .and. the
statute. allows $30,000 of which $6,500 of each relative not to be included.
He stated the statute also allows a combined financial worth of the property
limited to one. (1) acre not to exceed $100,000.
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Chairman Claud recommended the Board review the information
presented by the County Attorney.
.Supervisor Bradshaw stated this is an area the Board can provide
financial assistance to the senior citizens in the County who. are living on
fixed incomes.
Supervisor MacManus moved the Board .direct staff investigate what
other local communities are doing in this regard, as well as any impact to the
County. The motion was adopted. with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County. Attorney Crook reported he received a copy of the letter
addressed to the .Director of Budget and Finance from the Commissioner of
the Revenue that the reassessment represents a 12% increase. over the
current assessment. He stated it is going to be necessary for the Board to
hold a public hearing concerning the amount of revenue to be generated by
the reassessment over the preceding year's revenue and that the Board is
going to change the tax rate. He stated he has sent a letter to the
Commissioner of the Revenue requesting the lowest rate necessary to offset
the increased assessment and the effective rate of increase. He stated he has
. also requested the Director of Budget and Finance to provide the proposed
budget increase. He stated when he receives this. information he will be
.asking the Board to advertise the matter for public hearing.
County Attorney Crook noted he would have two (2) matters for
closed session later in the meeting.
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Chairman Claud called for the Community .Development Report. ' I
Jonathan W. Hartley, Director of Planning and Zoning, stated pursuant
to the Board's request to review. the St. Luke's Church Historic District,
enclosed in the agenda is a map which illustrates what increasing the district
boundary by 500 feet would do. He stated the Board, by approving the
expansion of the District, would be stating this is a historic district where
historical design is a concern in terms of protecting the resources there. He
,stated any proposal for signs, alteration of buildings or new construction
.would be required to go before the Architectural Review Committee.
Supervisor MacManus requested Mr. Hartley relay his suggestion to
the Planning Commission to follow the highways, to include any potential
highway of a Benns Church Connector.
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Chairman Claud recommended the Planning Commission evaluate
expanding the boundary and determine how much, if any, the Planning
Commission would recommend.
Mr. Hartley stated pursuant to the Board's request for information
regarding the review of site plans by the Planning Commission, contained in
the agenda is a summary of surrounding jurisdictions. He noted the City of
Chesapeake currently does send site plans to the Planning Commission,
however, in the next two (2) months they will be reverting back to an
administrative process because of some of the problems they were incurring.
Supervisor Clark stated the County does not have any design specs or
any citizen involvement and the County is trusting the Planning and Zoning
Department to ensure that it meets the expectations of the citizens and
general community character.
Mr. Hartley stated the Board could direct staff to develop an ordinance
to forward to the Planning Commission.
Supervisor Glark agreed that the County .should have .the written
design specs that give the County some control.
Supervisor MacManus stated there is an urgency to get the design
specs out so that the citizens know there is a consistent type. of design that
will be built, as well as to be fair to the developers so that they understand
the rules that are consistent.
Supervisor Bradshaw stated he believes the Board needs to evaluate
the review process and sending items through the Planning Commission.
He stated there needs to be a balance and that there is an understanding that
staff does not send prospects or the business. community the wrong message:
He inquired if there would be a process agreeable to the Planning
Commission that can be bypassed in instances where a prospect is brought
in under the radar. He stated there has to be flexibility in what is trying to
be defined.
Chairman Claud asked if there is anything in the current process that
precludes input from the Planning Commission prior to a decision being
made.
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County .Attorney Crook reminded the Board that the Planning
Commission is an advisory group to the Board and .the Planning
Commission has no authority to make any decision on any issue. He stated.
after the Planning Commission makes its recommendation to the Board,
then the Board makes a decision.. He stated if the Board gives the Plying
Commission site plan review, .they would simply review it and make a
recommendation to the Board.
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Supervisor Clark recommended that site plans. for commercial
development on a major roadway that affects the aesthetics of the County's
major corridors should be either reviewed by the Planning Commission or
Mr. Hartley should bring it to the Board for review.
County Administrator. Casket' noted that that language is contained in
the Zoning Ordinance under the Highway Corridor Overlay District.
Supervisor Bradshaw moved the Board direct the Director of Planning
and Zoning to .bring all site plan reviews. within. the Highway Corridor
Overlay District to the Planning Commission for a recommendation to the
Board of Supervisors and that this item be included as an agenda item for
further discussion at the. Board's Retreat. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board direct the Director of Planning
.and Zoning to instruct- developers considering developing properties within
the Highway Corridor Overlay District that the. Board is concerned about
such .design issues as signage, landscaping, architectural design and
setbacks. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Hartley briefed the Board on the Zoning Ordinance update. He
stated included in the agenda are the areas covered by the Planning
Commission, to include the village center boundaries. He stated .the
Planning Commission is currently working on the community character and
design and also included in the agenda are the results of the survey. He
stated the Planning Commission is now in -the process of designing an inter-
active community process to focus on building design, landscaping, street
and site lighting and setbacks. He stated staffs objective is to get a public
hearing draft by the end of December, 2002.
Supervisor Bradshaw inquired if the Planning Commission was going
to initiate the public hearing on removing Collosse from the Comprehensive
Plan.
Mr. Hartley stated the Planning Commission will be holding a public
hearing to remove Collosse from the Comprehensive Plan at its October
meeting.
Supervisor MacManus stated the Planning Development Regulations
speak to establishing "minimum" standards to allow developers creativity.
He suggested the Planned Development Regulations are high standards with
flexibility above and beyond a minimum standard. He suggested that once
the village. centers are approved they will be incorporated into -the
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Comprehensive Plan. He further suggested the boundaries of Carrollton be
established by the Citizens Committee.
Mr. Hartley stated his concern is this is adding one (1) more thing to
the process for staff to focus on and accomplish that is already behind
schedule. He stated this began with defining the boundaries of the village
centers and the community boundaries have now been. identified. He stated
the Board has defined a Development Service District for Newport District
and if the Board now creates this other boundary, what is .its function and
purpose going to be and how is it going to relate to the Development Service
District.
Supervisor Bradshaw stated the Board did create the boundary of
Carrollton and this would be the first area the County would place
emphasize on as far as defining the character of the community.
Supervisor MacManus stated the only reason he believed there should
be a boundary for Carrollton is because the Board established a boundary for
Berms Church as part. of the Newport District and if the Board is
establishing boundaries for Benns Church, which is part of the- Newport
Development Service District, then why wouldn't the Board do the same for
Carrollton.
Supervisor Bradshaw stated the Board needs to ensure it gets a good
foundation started so it can be built upon. He stated the County also has
citizens who are willing to provide support so the County should move
forward.
.Chairman Claud stated if the Board is talking about the character
design of the Carrollton area, citizen. input is needed, but if the Board is
trying to say this part of the Carrollton area is a defined boundary of
Carrollton, then it will be more. difficult.
Supervisor Clark stated the first step is defining the character with
developing the architectural standards following to reflect that character.
Supervisor MacManus inquired how. the Board could have helped
make the process of approving the Zoning Ordinance achieve the goals the
Board had set up.
Mr. Hartley stated the time it has taken to do the village centers and
the time that it has taken for the Planning Commission to really review the
existing and any modifications has taken more time than anticipated.
Supervisor Bradshaw inquired if Supervisor Clark needed to make a
motion to direct Mr. Hartley move forward with the character and design.
Mr. Hartley stated he understood the direction of the Board.
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Mr. Hartley. notified the Board the Coalition of High Growth's Fall
conference is scheduled for September 26`~ and 27a`.
//
Chairman Claud called for the Parks and Recreation report..
.,
Alan S. Nogiec, Director. of Parks and Recreation, stated pursuant to
..the Board's direction for information pertaining to the Isle of WightlFranklin
Skating Rink, included in the agenda is an operating analysis which
identifies several areas of concern with the building, entertainment lighting,
rental skates, changes in the snack .bar operation and worn out equipment.
He stated the building is twenty (20) years old and for a number of years did
operate as a viable business. He stated an issue .identified pertains to the
security. of the facilities and when issues come up they have a significantly
detrimental impact on the image of the Rink.
Supervisor Bradshaw moved the Board establish a committee of Alan
Nogiec, Doug Caskey and himself to meet with representatives of the City of
Franklin to discuss avenues of inkind services and work on getting grants for
the area. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
//
Chairman Claud called for. the Public Utilities Report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented a
Resolution to Appropriate $200,000 From the Unappropriated Fund Balance
of the General Fund for Public Utility Improvements. He stated the Board
previously discussed the issue of providing. fire protection for the particle
board plant at International Paper. He stated information is included in the
Board's. agenda illustrating the estimated cost and he would recommend the
Board approve the engineering agreement. in the amount of $13,810,
.appropriate $200,000 for the construction of this project and authorize the
construction at a cost not to exceed $175,000.
Chairman Claud moved the Board adopt the following Resolution,
approve the engineering agreement with Royer in the amount of $13,810
.and. authorize the construction of the project at a cost not to exceed
$175,000:
RESOLUTION TO APPROPRIATE TWO HUNDRED THOUSAND
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE
OF THE GENERAL FUND FOR PUBLIC UTILITY
IMPROVEMENTS
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WHEREAS, the Board of Supervisors of the County of Isleof Wight,
Virginia has approved the appropriation of additional funds for the
replacement of a water line to provide enhanced fire protection for business
and industry located in the County of Isle of Wight; and,
WHEREAS, the funds in the amount of two hundred thousand dollars
($200,000) need to be appropriated from the .Unappropriated Fund Balance
of the General Fund to cover anticipated expenditures for said water line
replacement in the FY2002-03 Operating Budget of the County of Isle~of
Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight; Virginia that two.
hundred thousand dollars ($200,000) from the Unappropriated Fund Balance
of .the General Fund be appropriated to the. Department of Public Utility
2002-03 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 (3-0) with Supervisors MacManus, Bradby
and Claud voting in favor of the motion; no Supervisors voting against the
motion; Supervisor Clark absent for the .vote and Supervisor Bradshaw
abstaining from voting on the matter.
Mr. Rountree stated pursuant to the County being requested in June,
2002 by the State Health Department to submit a fluoride schedule and
following a sixty (60) days .extension by the State Health Department, staff
has. developed a tentative fluoride compliance schedule .for the six (6)
County owned water systems for the Board's consideration.
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Supervisor Bradshaw moved the Board approve the Proposed Fluoride
Compliance .Schedule for the six (6) County awned water systems that
exceed the 4.0 ppm fluoride .content and authorize the Director of Public
Utilities to notify the State Health Department. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Mr. Rountree stated the Board previously directed staff proceed with
the installation of a .test well at the Smithfield Heights Subdivision and for
the Board's consideration presented an engineering agreement between the.
County and R. Stuart Royer in the amount of $47,800 to develop
specifications in the contract documents. for the test well. He stated if the
test well proves successful, the next step is developing the appropriate plans
and specifications to .turn the test well into a production well with. the
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necessary storage facilities to bring that system into compliance. He stated
there is also an additional $14,000 cost overrun for previous .work done
associated with a significant rewrite of the preliminary engineering report.
Supervisor MacManus moved the Board approve the engineering
agreement between the County and R. Stuart Royer in the amount of
$47,800 with the understanding that staff will come back to the .Board
before .any further action takes place based upon feedback being received
from the State that the County's compliance plan has been accepted, as
submitted. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Rountree stated the Governor issued Executive Order 33 declaring
the ,majority of the State of Virginia in a significant drought. He stated this
Order banned certain uses of both surface and ground water, both public and
private wells. He presented A Resolution Acknowledging Governor
Warner's Statewide Drought State of Emergency which he recommends- the
Board adopt.
Supervisor Bradshaw stated he could not support .the Resolution
because. he has no understanding of what the Governor is attempting to do.
• He stated he believes the perception the Governor is sending to the people is
incorrect even though the concept may be valid. He stated the Resolution
"prohibits any person or household" which is saying that the Board wants to
prohibit .all citizens of the County from using the water. He stated on page
2, it states that in order to enforce these restrictions local governments may
establish, collect and retain fines on violators and he does not believe the
Board has that authority. He stated it also states the Governor has directed
the Secretary of Commerce and Trade to meet with industrial mega-users of
water to seek conservation agreements and the number one user of the
aquifer that is pulled from for the Hampton. Roads area is an industrial user
in this County, International Paper, which is the number one taxpayer in the
County. He stated he does not know what message the Board is sending by
endorsing this resolution. •
Mr. Rountree stated. at a meeting in Richmond yesterday International
Paper was noted to have made major strides in water conservation over the
..last few years.
Chairman Claud stated he fully respects Supervisor Bradshaw's
comments, but he thinks the message the Board needs to send is in the last
part of the Resolution in that the County does support water conservation
and encourages the citizens of the County to do the same.
Supervisor Clark stated he does not agree with a person not being able
to wash their car, however, a business can make money doing this and also
gets to water their golf tees at night.
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Chairman Claud noted that the Executive Order 33 has already been
issued which accomplishes that and whether the Board adopts the
Resolution or doesn't. does not change the Governor's Executive Order.
Supervisor MacManus stated Executive Order 33 is already in place
and it will always exist whether it is in the County's Resolution or not and
the Board is only recognizing that the Order was the driver that caused the
County to write the portion on page 2 "Now, Therefore Be It Resolved".
Chairman Claud moved the Board adopt the following Resolution:
A RESOLUTION ACKNOWLEDGING GOVERNOR WARNER'S
STATEWIDE DROUGHT STATE OF EMERGENCY
WHEREAS, on August 30, ..2002, .Governor Warner revised the
existing state of emergency related to the three-year drought affecting the
Commonwealth of Virginia in an attempt to protect the Commonwealth's
vital water resources in a way that minimizes undue hardship for commerce
and industry; and
L_
WHEREAS, said revision includes Executive Order 33, which directs
and authorizes several .specific items including the following items:
• Orders all executive branch agencies and institutions to refrain from any
nonessential water use, including but .not limited to watering lawns,
washing vehicles, and other unnecessary water use. Each cabinet
secretary shall be responsible for ensuring that agencies and institutions
within their secretariat minimize water usage by at least 15 percent.
• Prohibits. any person or household who uses surface waters or ground
water in the Shenandoah, James, Rappahannock, Chowan, York, and
Roanoke River basins, from watering lawns, washing vehicles, except at
a commercial car wash, filling swimming pools, except for pools used by
health. care facilities far patient care and rehabilitation, and irrigating golf
courses, except for night-time watering of tees and greens.
Geographically, these bans cover most of the Commonwealth, with the
.exception of Northern Virginia and far Southwest Virginia.
1
• Appoints David Paylor, Deputy Secretary of Natural Resources, as
drought coordinator for the executive branch.
• Directs. the Superintendent of Public Instruction to work with local school
divisions to encourage water conservation and .educate. school children
about the importance of water conservation.
• Continues an existing order that authorizes the Departments of State
Police, Transportation and Motor Vehicles to grant temporary
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overweight, overwidth, registration, and license exemptions to carriers
transporting essential emergency relief supplies.
• .Urges all citizens of the Commonwealth and visitors to the
Commonwealth to refrain from any open burning in the forests, .parks,
natural areas, and other wildfire susceptible areas of the Commonwealth,
in order to minimize the risk of wild fires. Delegates to the State. Forester
the authority to declare an open burning ban in wild fine susceptible areas
of the Commonwealth. Directs the State Forester to .initiate crew and
helicopter training of the Virginia National Guafd for fighting wildfires.
• Orders full implementation of the Virginia Emergency Operations Plan,
along with. other appropriate state agency plans. Directs appropriate
activation of the Virginia Emergency Operations Center (VEOC) and
.State Emergency Response Team (BERT).
WHEREAS, the Declaration provides that if Virginia localities have
restrictions that go beyond this Executive Order, they will remain in place.
This order establishes new minimum restrictions for public use of water in
the above water basins. In order to enforce these .restrictions, local
governments may establish, collect, and retain fines on violators, and
WHEREAS, Governor Warner also announced other efforts related to
water conservation, but not specifically addressed in Executive Order 33.
The Governor is urging hotels and restaurants to reduce water by washing
linens .less frequently and- serving water only .upon request. The Governor is
working with Virginia Tech to enlist retired extension agents to assist
farmers. The Governor has directed. Secretary of Commerce and Trade
Michael J. Schewel to meet with industrial "mega-users'° of water to seek
conservation agreements. The Governor's staff will meet with local
government liaisons and the Virginia Association of Counties and Virginia
Municipal League to address local concerns and to share information related
to the drought.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of Isle of Wight County, Virginia, does hereby endorse and support these
water conservation efforts imposed by the Governor and encourages all
citizens of Isle of Wight County to exercise water conservation efforts to the
greatest extend possible.
The motion was adopted. with Supervisors MacManus, Bradby, Clark
and Claud voting in favor of the motion (4-1) and Supervisor Bradshaw
voting in opposition to the motion.
//
Chairman Claud called for the Emergency Management report.
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Richard O. Childress, Director of Emergency Services, stated the
Board received with its agenda the approved drawings and preliminary bid
documents which have been reviewed by the Director of Budget and
Finance for the Carrollton Volunteer Fire Department renovation and
expansion. He stated the Director of Budget and Finance is discussing
certain amendments with the architect.
Supervisor MacManus suggested the drawings reflecting the point. of
contact for the contract be amended to reference a County.. employee (i.e.,
Mr. Wilson or Mr. Childress). He stated on page 3 several tasks were
removed from the scope of work, i.e., the back building is being removed,
but who is responsible for removing it. He stated it also states the trees will
be removed and he would like to know who is taking care of the stumps,
which is the expensive aspect.
Supervisor Bradshaw noted that the estimated cost is $1.1 million, but
the Board only budgeted $860,000.
1
Mr. Childress noted that members of the Fire Department have. offered
to perform approximately $123,000 which leaves approximately $175,000 to
come up with funding. He stated he was going to address this. when the bids
came in to determine if the architect's estimates are accurate or his
information is incorrect.
Chairman Claud stated the land cost has always been a separate issue
and never a part of the original issue. He stated there is $860,000
appropriated for the project with a $95,000 for land and surveying which
brings the totalproject cost to $955,000.. He stated there is approximately
$681,000 that has not yet been spent- and $776,000 is the remaining
estimated cost to be spent on that project. He suggested Mr. Childress make
the architect fully aware of the finances and determine if there are any other
options that can be considered.
Mr. Childress stated the architect is well aware of other costs that have
been added to the project, i.e., a pump house to pump the. sewer to the
closest location for disposal and the water connection cost. He noted that
one of the buildings located out back will also be removed.
1
Supervisor Bradshaw stated the estimated cost is $938,000 and the
County has already spent $178,000 which adds up to $ l .1+ million
committed to this building project. He stated the Board. only appropriated
$860,000 and he wants to know where the additional $300,000 is coming
from.
Chairman Claud stated the Board did not say it was going to spend the
$300,000. He stated there is $860,000 in the CIP for the project and since
that money was appropriated the County had to purchase additional land
which, with surveying, came to $95,000. He stated he is willing to add the
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$95,000 for the land on top of the $860,000 allocated previously for the
project which gives a dotal project cost of $955,000. He stated to date the
amount that has not been spent is $681,000 and adding the $95,000, this
brings the total amount to $776,000 that can be spent and that he would be
willing to go with as one (1) Board member.
Supervisor Bradshaw asked where the $95,000 increase in the cost
will- comefrom. He stated this was a concern of his during the Capital and
Operating budget process because the Finance Committee advised the Board
there were no reserves.
Chairman Claud stated the funds will come from the same place as
those funds taken for the Carrsville Volunteer Fire Department expansion
project. He stated. there was not sufficient room so the Board had to buy
several acres of land because it was needed and which was not part of the
original project.
Supervisor Bradshaw stated staff advised the Board that the County
did not have extra funds in the General Fund during the budget process and
the Board was going to have to increase taxes. He stated for the last nine (9)
years the County has not had the money to replace the Carrsville water
system which has over 130. customers on which breaks constantly.
Supervisor MacManus stated the project had a budget of $860,000 for
the building and the County has spent $83,900 already and has $776,000 left
to spend per the Board's capital plan. He stated the land cost. was above and
beyond and came out of the County's reserve. contingency fund much like it
did when the. Board had to spend additional funds to not only meet the over-
budgeted expenditures on the Carrsville .Volunteer Fire Department
building, as well as the land purchase. He stated. the Board is doing no
different in this case, but Supervisor Bradshaw is alluding to the fact that the
Board is going to pay an additional $200,000 which he does not intend to
do. He stated the Board is trying to capture and cap the expenditures on the
building at what was put in the CIP based upon the earlier information
provided by the architect/engineer and the Carrollton Volunteer Fire
Department.
Supervisor Bradshaw stated it has nothing to do with Carrsville and
Franklin, but rather the issue of where the money is coming from.
Supervisor MacManus stated there is $776,000 in the CIP and the
Board is sticking with these figures and not looking for overruns. He stated
what is being presented indicates there could be overruns and the Board is
essentially telling them that they need to rethink their plans to make them
nice, but not as nice as they currently are, so that they can meet their current
budget or come up with funding sources above and beyond if they want to
go with the existing plan.
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Supervisor Bradby stated the County has an opportunity to give these
citizens what they rightfully deserve in fire protection and he did not have
any problem going forward with the. funding.
Supervisor MacManus suggested the message be delivered that the
Board has $776,200 in the CIP which will be the cap for what is to be
expended on this .building and should additional funds be needed or
modifications made to their current plans, such arrangements need to be put
in place; there is .$123,000 in expenditures they anticipate covering. in other
ways and "others" listed under "action and work will be done" there should
be specific names associated with these expenditures or that work so that the
Board is aware of who is handling that work; that the contract should
address who will, remove the debris after the trees have been removed; and,
that a independent construction oversight firm be considered.
~~
Chairman Claud called for the County Administrator's report.
Debbie J. Sivertson, Administrative Analyst, stated the County will be
holding a dedication ceremony on September 11, 2002 at 9:30 a.m. on Route
17 near the James River Bridge in memory of the victims of September 11,
2001 and in honor of the ongoing heroic efforts of the County's emergency
services and law enforcement personnel. She- requested the Board's
approval of the resolution contained in the agenda.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION OF APPRECIATION
FOR ISLE OF WIGHT COUNTY'S
EMERGENCY SERVICES
AND LAW ENFORCEMENT PERSONNEL
WHEREAS, it has always been the individual spirit and unending
sacrifice of Isle of Wight County's emergency services and law enforcement
personnel who daily risk their lives in dangerous circumstances to serve,
protect and aid their fellow citizens of Isle of Wight County; and,
1
WHEREAS, Isle of Wight County continually stands with deep
gratitude for the courage, heroism and contributions: of the County's
emergency services and law enforcement personnel; and,
WHEREAS, the horrific events of September 11, 2001 serve as a grim
reminder that we must never take for granted those whose bravery, diligence
and compassion make our County and Country great;
NOW, THEREFORE, BE IT RESOLVED -that the Board of
Supervisors of Isle of Wight County hereby recognizes and acknowledges its
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unwavering gratitude and appreciation for the ongoing heroic efforts of the
Isle of Wight County emergency services and law enforcement personnel.
-The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Casket' presented a Resolution' of Appreciation
for Sheriff Harold C. Taylor which he recommended the Board adopt.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION OF APPRECIATION
FOR SHERIFF HAROLD C. TAYLOR
WHEREAS, it has always been the individual spirit and, unending
sacrifice of Isle of Wight County's. emergency services and law enforcement
personnel who daily risk their lives in dangerous circumstances to serve,
protect and aid their fellow citizens of Isle of Wight County; and,
WHEREAS, Harold C. Taylor served as Sheriff of Isle of Wight
County from January 1, 1956 until March 31, 1966; and,
WHEREAS, Sheriff Harold C. Taylor ~ was grievously injured in the
line of duty. in 1963; and,
WHEREAS, Harold C. Taylor also served on the Isle of Wight County
..Board of Supervisors from January 1, 1972 until September, 1974; and,
WHEREAS, the horrific events of September 11, 2001 serve as a grim
reminder that we must never take for granted those whose bravery, diligence
and compassion make our County and Country great;
NOW, THEREFORE, BE IT RESOLVED that the Board. of
Supervisors of Isle of Wight County hereby recognizes and acknowledges its.
unwavering gratitude and appreciation for the courage, heroism and
contributions of Sheriff Harold C. Taylor.
The motion was adopted with Supervisors MacManus, Bradby,
..Bradshaw, Clark and. Claud voting in favor of the motion (S-0) and no
Supervisors voting against the motion.
County Administrator Caskey recommended the .Board approve the
Resolution to Request That the Governor Declare Isle of Wight County. ari
Agricultural Disaster Area contained in the agenda.
Supervisor Clark moved the Board adopt the following Resolution:
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RESOLUTION TO REQUEST THAT THE
GOVERNOR DECLARE ISLE OF WIGHT COUNTY
AN AGRICULTURAL DISASTER AREA
WHEREAS, Isle of Wight County, Virginia has experienced severe
drought conditions since early May 2002; and,
WHEREAS, said drought has severely damaged the corn, cotton, peanuts
and soybean crop in Isle of Wight County; and,
WHEREAS, the crop damage will create an economic hardship on those
farmers negatively impacted by the drought conditions.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia requests the
Governor of the Commonwealth of Virginia to designate Isle of Wight County
an agricultural disaster area for the purpose of being eligible for low interest
loans and/or other disaster aid.
1
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the. motion. (5-0) and no
Supervisors voting against the motion.
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County .Administrator Caskey recommended the Board adopt the
Resolution to Oppose the Closure of the Southampton Correctional Center
contained in the agenda.
Supervisor Bradshaw moved the Board adopt the following
Resolution:
RESOLUTION TO OPPOSE THE CLOSURE
OF THE SOUTHAMPTON CORRECTIONAL CENTER.
WHEREAS, Virginia Department of Corrections officials have
identified the closing of the Southampton Correctional Center as a potential
cost-saving measure in response. to the expected loss of revenue associated
with housing non-State inmates; and,
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WHEREAS, the State has already closed two correctional facilities
located in Southampton County in the past 14 months, resulting in the loss
of more than 70 jobs and salaries and wages in excess of $3 million; and,
WHEREAS, closure of the Southampton Correctional Center will
result in the additional loss of 180 jobs and $11.9 million invested in the
local economies of Southampton County and. the; City of Franklin; and,
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WHEREAS, closure of the Southampton Correctional. Center will also
negatively impact Isle of Wight County relative to the loss of jobs and local
economic investment.
NOW, .THEREFORE, BE IT AND IT IS HEREBY RESOLVED that.
the Board of Supervisors of the County of Isle of Wight, Virginia opposes
the closure of the Southampton Correctional Center.
The motion was .adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark -and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Bradshaw further moved- the Board direct the County
Administrator to send a letter with the Resolution attached under the
Chairman's signature explaining the economic impact on the County as the
adjoining neighbor. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
County Administrator Caskey recommended the Board approve the
Resolution to Support the Regional Transportation Referendum contained in
the agenda.
Chairman Claud moved the Board adopt the following Resolution:
RESOLUTION TO SUPPORT THE
REGIONAL TRANSPORTATION REFERENDUM
WHEREAS, significant transportation problems affecting public
safety, air quality, and economic development have been identified within
the Hampton Roads region; and,
WHEREAS, six transportation. projects have been proposed to resolve
some of the region's more serious problems; and,
WHEREAS, the funding needed to construct the major .regional
ransportation projects to resolve said problems can be acquired most
prudently via aone-cent increase in the sales tax to be imposed only in those
...communities of the Hampton Roads region directly impacted by the regional
transportation projects; and,
WHEREAS, Isle of Wight County will be directly impacted by much
needed improvements to Route 460 and regional mass transit services; and,
WHEREAS, funding for.. the regional transportation projects is
contingent upon approval of a regional transportation referendum.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the. County of Isle of Wight, Virginia endorses
and encourages its constituents to favorably consider approval of the
regional transportation referendum on November 5, 2002.
The motion .was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Clark moved the Board direct .staff send. to the General
Assembly members the County's concern. about the legislative .history that
brought about the region's need to pursue a regional transportation
referendum wherein the leadership in Richmond failed for a number of years
to address transportation concerns throughout the State and their inability to
address the issue of raising taxes to address forward means of transportation
in the region which necessitates the County taking on a regional.
transportation referendum. The motion was adopted with Supervisors:
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey recommended the Board adopt a
Resolution of Official Intent to Reimburse Expenditures with Proceeds of a
Borrowing as contained in the agenda.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION OF OFFICIAL INTENT TO REIlvIBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, Isle. of Wight County, Virginia (the "Borrower"),
intends to acquire, construct and equip various public improvements,
including the acquisition, construction, improvement and equipping of
administrative, .utility and public works facilities, school facilities,
public safety and communications facilities, erosion .control facilities,
public park facilities and industrial park facilities (collectively, the
"Projects"); and
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WHEREAS, plans .for the Projects .have. advanced and. the
Borrower began advancing its own funds. to pay expenditures on July
16, 2002, ~ and expects to continue advancing its own funds to pay
expenditures related to the Projects (the "Expenditures") -prior to
incurring indebtedness and to receive reimbursement for such
Expenditures from proceeds of tax-exempt bonds or taxable debt, or
" both;
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BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRGINIA:
1. The Borrower .intends to utilize the proceeds of tax-exempt
bonds (the "Bonds") or to incur other debt in an amount not currently
expected to exceed $8,690,000 to pay the costs of the Projects.
2. The Borrower intends that the proceeds of the Bonds be used to
reimburse the Borrower for, Expenditures with respect to the Projects made
on or after the date that is no more than 60 days .prior to the date of this
Resolution. The Borrower reasonably expects on the date hereof that it will
reimburse the Expenditures with the proceeds of the Bonds or other debt.
3. Each Expenditure was or will be, unless otherwise approved by
bond counsel, either (a) of a .type properly .chargeable to a capital account
under general federal income tax principles (determined in each case as of
the date of the Expenditure), (b) a cost of issuance with respect to the
Bonds, (c) a nonrecurring item that is not customarily payable from current
revenues, or (d) a grant to a party that is not related to or an agent of the
Borrower so long as such grant does not impose any obligation or condition
(directly or indirectly) to repay any amount to or for the benefit of the
Borrower.
4. The Borrower intends to make a reimbursement allocation,
which is a written allocation by the Borrower that evidences the Borrower's
use of proceeds of the Bonds to reimburse an Expenditure, no later than 18
months after the later of the date on which the Expenditure is paid or the
Projects are placed in service or abandoned, but in no event more than three
years after the date on which the Expenditure is paid. The Borrower
recognizes that exceptions are .available for certain "preliminary
expenditures," costs of issuance, certain de minimis amounts, expenditures
by "small issuers" (based on the year of issuance and not the year of
expenditure) and expenditures for construction of at least five years.
5. The Borrower intends that the adoption of this resolution
confirms the "official intent" within the meaning of Treasury Regulations
Section .1.150-2 promulgated under the Internal Revenue Code of 1986, as
amended.
6. This resolution shall take effect. immediately upon its passage.
The motion ..was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no
Supervisors voting against the motion.
County Administrator Caskey recommended the Board approve the
architectural service contract for the Public Works/Public Utilities
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909M. 2~ rA:~ ~~J
Operations Building contingent upon .the County's Attorney's
recommendation.
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Supervisor Clark moved the Board approve and authorize the
Chairman to sign the attached contract contingent upon the County
Attorney's recommendation. The .motion was adopted with Supervisors
MacManus,. Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey referenced correspondence addressed to
the Director of Budget and Finance from the Commissioner of the Revenue
providing the projected real estate assessment. for 2002 and the amount of
increase this represents over the current assessment.
1
Supervisor .MacManus moved- the Board direct staff to advertise for
public hearing at the Board's September 17, 2002 meeting the effective rate.
of $.66 will be increased to $.75 which will be a reduction from the existing
tax rate. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Lyle Hornbaker, Information Services Coordinator, addressed the
Board on the options of posting the reassessments on the. County's website.
Supervisor. MacManus recommended staff have a database of
information available for the 2002 assessment and that it is understood it is
not being updated on a current basis.
County Administrator Caskey stated contained in the Board's agenda
is the 2003 Legislative Priority List of the Board.
Chairman Claud requested staff provide the Board with the anticipated
amount of revenue a cigarette tax would generate if implemented in the
County.
Chairman Claud requested Mr. Hartley be prepared to address growth
management issues, i.e., limitations on use of special exceptions and vested
rights.
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Supervisor Bradshaw requested Mr. Robertson be prepared to address
the BPOL tax.
Chairman Claud suggested the top three (3) priorities be finalized at
the September 19, 2002 meeting so .that they can be forwarded to the
Coalition of High Growth Communities at the end of September, to include
funding for a Health Department and Social Services building..
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ao~h 21-~.:~214
Supervisor MacManus requested staff contact the' Towns of Smithfield
and Windsor and the School Board to determine if they have any initiatives
to be included in the package.
//
~ Chairman Claud called for Old Business.
e
A. Publication of Delinquent Tax Report
Supervisor Bradshaw moved the. Board move forward with the
publishing of the delinquent tax report (real estate and personal property)
and-have the County Attorney advise the Treasurer based on the direction of
the Board as to what will or will not be included: The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (S-0) and no Supervisors voting against the motion.
Chairman Claud reminded the Board of a meeting on the James River
Ghost Fleet on September 14, 2002.
County Administrator Caskey noted he would include a resolution in
the Board's next agenda that is comparable. to what the City of Newport
. News had previously adopted.
B: Landscaping Plan/Boykins Tavern
Supervisor MacManus requested staff be prepared to address the
status of the pear trees blocking the view of Boykin's Tavern at the Board's
September 19, 2002 meeting.
Supervisor Clark requested staff advise Charter to include The Daily
Press, The Smithfield Times, The Tidewater News and The Virginian Pilot
when they advertise their community meetings.
Supervisor Clark requested the County Attorney review and report
back: to the Board if it can include a sale of assets clause that would trigger
the renegotiations of the Charter Franchise Agreement.
Supervisor Clark moved the Board direct Mr. Hornbaker contact the
Chairman of the Commission on Aging (Pete Farmer) to determine if
educational materials can be displayed on the PEG channel. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the. motion (5-0) and no Supervisors voting against the
motion.
Supervisor .Bradshaw further moved the Board direct the County
Administrator send the Commission on Aging survey to the Department of
Social Services for their comment and response. The motion. was adopted
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with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
//
Chairman Claud called for New Business.
Supervisor Bradby moved the Board send a letter to the Surry Board of
Zoning Appeals of the County's opposition to an application being
considered for a high powered rifle range in that County on Moonlight Road.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Supervisor MacManus moved the Board direct staff prepare a
resolution of support. for the upcoming Higher. Education General Obligation
Bond. In this regard, staff is to contact Julia Perkins. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
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Supervisor MacManus further moved the Board direct staff contact the
HRPDC as to how it affects the Hampton Roads region and the County and
draft. aresolution of support of this General Obligation Bond for the park
system. -The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor MacManus requested staff' obtain additional information on
the Virginia Rural Development Summit.
Regarding Mr. Hill's comments earlier in the meeting, Supervisor
MacManus requested the County Attorney provide the Board with
additional information on County-owned dirt. roads that have no speed. limits
posted.
Chairman Claud .requested staff obtain feedback from other
communities where the concept utilized by Computex has been
implemented.
1
Supervisor Bradshaw stated the Southampton County Planning
Commission passed on two (2) rezonings to its Board of Supervisors
concerning a borrow~pit and a dirt racetrack located in Southampton County.
He stated the traffic from the borrow pit is coming into Zuni at the blind
tunnel. He suggested the Board go on record that it is against it because of
. the traffic concerns. He stated the traffic from the dirt racetrack is also
directed through the Zuni community and the citizens in that area are in
.opposition to it because of traffic concerns. He stated he would like to speak
32
804 ~~ !a~:~2~6
at the public hearing and inform Southampton County that the Board of
Supervisors of Isle` of Wight County are in opposition due to the traffic
concerns and' safety of the citizens of the Zuni community.
Chairman Claud inquired if there were alternative routes that could be
utilized.
Supervisor Bradshaw stated traffic could follow Tucker Swamp Road
and come across Route 460.
Supervisor Bradshaw moved the County go on record to .request that
Southampton County take into consideration the impacts and the traffic
concerns. on the proposed rezoning for the borrow pit and dirt racetrack with
traffic .coming into the Zuni community via the narrow road and the
dangerous underpass at the railroad track and the safety of the citizens in the
Zuni community. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Supervisor Clark moved the Board direct the Director of Emergency
Management, the Director of Public Utilities and the County. Attorney to
look at what needs to be done to address open burning concerns during
drought conditions for .consideration by the Board at its first meeting in
October, 2002, The motion .was adopted with. Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Supervisor Clark moved .the Board direct Mr. Childress prepare a
resolution of appreciation for the Board's first meeting in October
recognizing the fire departments, vendors .and other .organizations that
provided assistance during the recent woods fires. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey stated. the Computex representative did
express to the County Attorney and he a need to proceed as quickly as
possible with a public hearing for a license agreement with the County.
County Attorney Crook .advised the Board that he had advised them
that they needed to file an application for a franchise agreement and. that as
quickly as they move the Board will respond accordingly.
Supervisor Bradshaw moved the Board direct the Kidtech request to
County staff for evaluation and recommendation.. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
//
33
R
?oft, 2~ ~ti_:217
it
Chainman Clavd called for Appointments.
Supervisor Clark moved the Board reappoint. Grace Keen representing
the Newport District on the Beautification Committee. The motion was
adopted unanimously (S-0).
Supervisor Clark moved the Board reappoint Reverend James Key, III
on the Southeastern Tidewater Opportunity .Project. ~ The motion was
adopted unanimously (5-0).
Supervisor Bradshaw moved the Board appoint Panice Clark
representing the Newport District on the Social Services Board. The motion
was adopted unanimously (5-0).
//
County Attorney Crook requested a closed session under Section 2.2-
3711 A7 of the Freedom of Information Act for advice of counsel
concerning a litigation matter.
n
Chairman Claud requested a closed session under Section 2.2-3711
A7 of the Freedom of Information Act concerning a contractual matter-
requiring advice of counsel.
County Attorney Crook requested a closed session under Section 2.2-
3711 A7 of the .Freedom of Information Act for advice of counsel
concerning two (2) matters of probable litigation.
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Supervisor Clark requested a closed session under Section 2.2-3? 11
Al of the Freedom of Information Act concerning a personnel matter.
Supervisor Clark moved the Board enter closed session -for the reasons
stated. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and .Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Upon returning to open session, Chairman Claud moved the Board
adopt .the following- resolution:
CERTIFICATION OF CLOSED MEETING
i
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date .pursuant to an ai~rmative recorded vote and in accordance. with the
provisions of the Virginia Freedom of Information Act; and,
34
80nK 21 ~,:4F2~C7
..WHEREAS, 2.2-3712D of the Code of Virginia requires a certification
by this Boazd of Supervisors that such closed meeting was conducted in
conformity with Virginia law,
NOW, THEREFORE, BE IT RESOLVED that the Boazd 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 heazd, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clazk and Claud
NAYS:O
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no
Supervisors voting against the motion.
Supervisor Clark moved the Board accept the resignation of Mike
3
Alexander on .the Planning Commission, effective October 4, 2002 and that
staff prepare an appropriate resolution in appreciation of .his services. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (S-0) and no Supervisors voting
against the motion.
//
Patrick J. Small, Director of Economic Development, stated that the
Duke Energy project is officially on hold and there will be no activity on that
project in the foreseeable future.
//
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Supervisor Bradshaw moved the Board appoint Supervisor Clark as
the Board member for the at-large position on the Planning Commission and
.that his term on the Planning Commission will correspond with his term on
the Board of Supervisors. The motion was adopted with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the
motion (5-0) and no Supervisors voting against the motion.
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