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12-05-1991 Regular Meeting~ ~ r.• {{ . 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. // 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. ~ooK 14 ~~:::-1 ~~; No one appeared. /1 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). a~~K 14 , N~_ x_08 ~ // 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. // 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. // 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: .~ , ( . fi3 R~~~ .1.4 ,.:..~.(~~.~ 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 BoQK 1.4 ~„~ ~.~.0~' 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). // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated he had nothing for public discussion. // Chairman Bradby called for New Business. There was no new business offered for discussion by the Board. // Chairman Bradby called for Old Business. There was no old business offered for discussion by the Board. // a~~~~ 14 :~,: x.11 ~ 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). // 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). // 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. // 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.