12-05-1991 Regular Meeting~ ~ r.•
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE- FIFTH. DAY OF DECEMBER IN THE YEAR
NINETEEN HUNDRED NINETY ONE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator .
W. Douglas Casket', Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 2:00 P.M. The
invocation was delivered by Chairman Bradby.
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Chairman Bradby called for Transportation Matters.
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, stated the Route 620 project will begin after the first of
the year between Route 654 and Route 655. Mr. Neblett then stated Don
Roberts, former Contract Administrator for VDOT, had filled the
Maintenance Manager's- position.
Chairman Bradby called for .comments by the Board.
Supervisor Bradshaw asked for direction in reopening the prison
camp in Walters to help soften the current workload for VDOT and the
County and suggested sending a letter to the Governor in Richmond.
County Attorney Crook replied this was a responsibility of the
Department of Corrections; however, he would check with the
Department of Corrections to determine- their policy which will. allow the
Board to address the specific problem.
Supervisor Turner requested the status of straightening the curves
on the road going to Longview.
Mr. Neblett stated VDOT was in the .process of getting. the contract
together and the project would be underway this Spring.
Chairman Bradby requested the status of the road in the Godwin
community.
Mr. Neblett replied he would check into the matter.
Chairman Bradby called for citizens with highway matters.
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No one appeared.
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Chairman Bradby called for public hearings on the following
applications:
1. The application of Vivian H. Pretlow to amend
proffered conditions of Conditional R-A,
Conditional Rural Residential Zoning on
approximatelyy twenty-five (25) acres of land
located off the east side of courthouse Highway
(Route 258), between Bob White Road (Route 652)
and Scotts Factory Road (Route 620), in Newport
Magisterial District. The purpose of the
application is for a rural residential subdivision of
eight (8) lots.
Chairman Bradby called for citizens. to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by Board members.
Supervisor Turner moved the Board approve the application of
Vivian H. Pretlow. The motion passed (4-0) with Supervisor Edwards
abstaining stating he may have a conflict of interest as Mrs. Pretlow is
a client of his law offices although neither he nor Mr. Crook represent
her in this matter.
2. The application of C. Leonard Willis, Inc. Pension
Plan and Hampton Promotions, Inc. for a change
in zoning classification from A-1, Agricultural
Limited to CR-A, Conditional Rural Residential,
approximately 17.4 acres of land located on the
south side of Titus Creek Drive (Route 668),
between Smiths Neck Road (Route 665) and Nike
Park Road (Route 669), in Newport Magisterial
District. The purpose of the application is to
create a rural. residential subdivision of no more
than nine (9) lots.
Chairman Bradby called for citizens to speak in favor.
Leonard Willis of Suffolk stated the application was presented to
the Planning Commission two months ago which resulted in the
application being tabled to address three particular issues. Mr. Willis
further stated all questions raised by the Commissioners have since been
addressed in amended proffers and that the project was located in the
Carrollton urban development district which complies with the
Comprehensive Plan,
Chairman Bradby called for citizens to speak in opposition.
Colonel Wooster of Carrollton stated his home was directly. across
from the proposed project and it was his understanding that the homes
would be valued at $100,000. Colonel Wooster then stated he was later
informed that the $100,000 appraised value applied to both the home
and lot and requested the Board to determine the type and minimum.
cost of the homes being placed on the lots before approving the
application. Colonel Wooster continued he did not disapprove of the
project, but did want the project to be a credit to the community.
Mr. Willis stated he had incorporated in the proffers that each
home would require a minimum heated living area including garages,
decks and patios of 1,300 square feet for one-story homes and 1,600 for
two story construction. Mr. Willis further stated based upon current
prices charged per square foot, this restriction would ensure that these
are presentable homes which would be a credit to the community.-
Chairman Bradby. called for comments by Board members.
County Attorney Crook stated that Colonel Wooster has expressed
a concern about the price of the homes going on the property and the
developer is trying to meet this objection by Proffer #5 which provides
a minimum square footage; however, the last sentence in Proffer #5
about limiting the appraised value to $100,000 a house is not enforceable.
County Attorney Crook further stated the County has no authority to
control the minimum appraised value of homes built. County Attorney
Crook then cautioned the Board not to consider that part of Proffer #5
in the Board's deliberations as socio-economic factors should not be a
part of the Board's consideration.
Supervisor Bradshaw asked Mr. Willis if an association would be
organized pertaining to the well.
Mr. Willis replied that the well would be installed and operational
before the first home is built- and a standing offer has been submitted
from a construction company to do a turn key job and operate it until
the community association takes over.
Supervisor Turner stated the County has a Utilities Department
which allows for better control and direction of water projects in the
County and that he would hope consideration would be given to work
it within. the Utilities Department.
Supervisor Turner moved the Board approve the application of C.
Leonard Willis with Proffer #5 amended to read "we will include in each
lot deed a restriction requiring each home to have a minimum heated
living. area (excluding any garage) of 1,300 square feet for one-story
construction and 1,600 square feet for two-story .construction . The
motion passed unanimously (5-0).
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Chairman Bradby. called .for Citizens Comments.
R: L. Walker appeared stating concerns about school construction
and urged the Board not to release any money to the School Board until
all concerns were addressed.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated he had. nothing for discussion by the Board.
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Chairman Bradby stated the County. Attorney was not present at
the moment and called for the County Administrator's report.
Supervisor Turner moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWENTY-FOUR THOUSAND ONE
HUNDRED SIXTY-THREE DOLLARS FROM STATE AND
FEDERAL AGENCIES FOR CARRY FORWARD GRANTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has previously appropriated funds for various grants; and,
WHEREAS, the funds in the amount of twenty-four thousand one
hundred sixty-three dollars ($24,163) from the State and federal agencies
need to be appropriated to the following grants line items in the 1991-
92 budget of the County of Isle of Wight:
Victim/Witness 90-91 $7,542
SEVAMP 90-91 8,043
Shoreline Sanitation 8,578
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that
twenty-four thousand one hundred sixty-three dollars be appropriated to
the carryover grants line items in the 1991-92 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 the things necessary
to give this resolution effect.
The motion passed unanimously (5-0).
Supervisor Edwards moved the Board adopt the following
resolution:
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RESOLUTION TO ACCEPT AND APPROPRIATE ONE HUNDRED
TWENTY THOUSAND DOLLARS FROM THE E-911 FUND FOR
EMERGENCY COMMUNICATIONS EQUIPMENT AND RELATED SIGNAGE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, has established an E-911 fund; and,
WHEREAS, the funds in the amount of one hundred twenty thousand
dollars to be received from the E-911 collections need to be appropriated
to the E-911, Equipment line item in the- 1991-92 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 one
hundred twenty thousand dollars ($120,000) to be received from .the E-
911 collections be appropriated to line item 30-9201-7002, Equipment in
the 1991-92 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 for this grant and to do all the
things necessary to give. this resolution effect.
The motion passed unanimously (5-0).
County Administrator Standish recommended the Board accept the
low bid on the Public Works maintenance building of $33,829 from C.
Wesley Brinkley & Son, Inc. which is $300 lower than last year and the.
low bid of $12,291 for fencing the site. County Administrator Standish
stated the alternate listed with the bids is for insulating the building and
that the bid was for a shell building on a concrete slab which does not
include any electrical work, plumbing installation or any ,other
appurtenances. County Administrator Standish further stated the intent
is to have a place to maintain County equipment and vehicles.
Supervisor Ross requested the difference between the high and low
bids.
Donald T. Robertson, Assistant.. to the County Administrator, stated
the reasons for the disparity between the high and low bids was that
some of the individuals listed as bidders did not contact the County
regarding the specifics of the bid and therefore may have submitted bids
which included electrical, .plumbing and -other appurtenances not
included in the request for bid package.
Supervisor Bradshaw inquired about the reputation of C. Wesley
Brinkley & Son, Inc., the apparent low bidder.
County Administrator Standish replied they were a local Class A
contractor with a good reputation.
Supervisor Edwards asked how the bid package was advertised.
Mr. Robertson stated the County contacted as many local
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contractors as possible by going through the phonebook and by going
through the County's previous bid list, as well as contacting the Building
Official's office to find out any potential builders who specialized in
metal buildings. Mr. Robertson further stated. the bid package was sent
out to approximately twenty contractors and was sent to the Minority
Business Enterprise Clearinghouse.
Supervisor Edwards asked County Crook if the County was
complying with the State Procurement Act.
County Attorney Crook stated he believed the matter was handled
adequately and that the normal procedure was to contact all the
contractors in the area.
Supervisor Turner stated he believed in protecting equipment, but
he would suggest not putting the fence up until a need is seen and
moved the Board accept the low bid of $33,829 from C. Wesley Brinkley
& Son, Inc. with the alternate of insulation being installed while the
building is being built, but not include fencing. The motion passed (4
1) with Supervisor Edwards voting in opposition.
County Administrator Standish advised the Board Mr. Rosenthal,
the County's Insurance Advisor, .will interview health insurance
proposers. on December 9, 1991 relative to coverage for County
employees.
County Administrator Standish stated the Commonwealth of
Virginia has added an additional day, Friday, December 27, 1991, to the
holiday schedule for this year and that the Social Services Board and
Constitutional Officers have recommended that this schedule be
established for the County as well this year.
Supervisor Edwards moved the Board approve December 27, 1991
as an additional paid holiday for County employees. The motion passed
unanimously (5-0).
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated he had nothing for public discussion.
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Chairman Bradby called for New Business.
There was no new business offered for discussion by the Board.
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Chairman Bradby called for Old Business.
There was no old business offered for discussion by the Board.
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Chairman Bradby called for .Appointments.
Supervisor Bradshaw moved the Board reappoint James E. Joyner
to the Board of Building Appeals from the Carrsville Election District.
The motion passed unanimously (5-0).
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Chairman Bradby called for approval of the November 7, 1991
minutes of the Board.
Supervisor Ross moved the Board adopt the November 7, 1991
minutes of the Board. The motion passed unanimously (5-d).
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County Administrator Standish requested an Executive Session
regarding the County Administrator's annual review.
County Attorney Crook stated this request for an Executive Session
was pursuant to Section 2.1-344.A1 under the Freedom of Information
Act relative to the County Administrator's annual review.
At 2:55 P.M., Supervisor Turner moved the Board go into Executive
Session for the reason stated by the County Attorney. The motion
passed unanimously (5-0).
At 3:15 P.M., upon returning to open session, Supervisor Turner
moved the Board adopt the, following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions- of the Virginia Freedom of Information
Act; and,
WHEREAS, 2.1-344.1 of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted
in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the. Board of
Supervisors hereby certifies that, to the best of each member's
knowledge, (i) only public business matters lawfully exempted-from open
meeting requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the
executive meeting were heard, discussed or considered by the Board of
Supervisors.
VO'I'F
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
Supervisor Ross moved the Board direct the County Attorney to
draft a letter of commendation for the County Administrator for his
services performed for Isle of Wight County for .the previous year. The
motion passed (4-1) with Supervisor Edwards voting in opposition to the
motion.
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At -3:20 P.M., Supervisor Ross moved the Board adjourn. The
motion passed unanimously (5-0).
I- enry H. Bradby, Chairman
Myles
ish, Clerk.