05-21-1992 Regular MeetingBOL-It ~4 +'lrf~~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY FIRST DAY OF MAY IN THE YEAR
NINETEEN HUNDRID NINETY TWO
PRESENT:. Henry H: Bradby, Chairman
Steve W. Edwards, Vice Chairman
Joel. C. Bradsha.N, Jr.
Malcolm T. Cofer
O. A. Spady
.Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the County
Administrator
Hilda W. Harmon, Director of Budget & Finance
Carey H. Mills, Assistant Clerk
Chairman. Bradby called the meeting to order at 7:00 p.m. and
delivered the invocation.
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Chairman Bradby noted the presence of the School Board and stated
Dr. York would like to give a presentation on proposed school construction.
Supervisor Cofer moved the Board amend the order of the agenda to
allow the School Board to make their presentation at this time and citizens
comments to be heard immediately thereafter. The motion passed
unanimously (5-0).
Dr. York, Isle of Wight County Schools Superintendent, stated three
months ago, it was agreed by both boards to initiate a comprehensive
study. Dr. York further stated the terms of the agreement included
directing Construction Control Corporation to do a cost analysis of the
existing plans prepared by the School Board for the proposed two schools,
to perform a site analysis and comprehensive school study to look at
demographics, as well as look at the facilities to determine inventory and
the conditions of the facilities. Dr. York continued Construction Control
was also to look at the Count} s educational program needs and identify
the County's capital improvements or building needs over the next ten
years. Dr. York ~ stated Construction Control Corporation has now
completed all but the site analysis, which should not be .initiated until the
County. has made a final determination on what is to be built. Dr. York
advised the School Board met on Wednesday morning to examine the
recommendations. portrayed by Construction Control Corporation and, as
a result of that meeting, she was present tonight to request authorization for
- funding of Phase I for $20,205,150. Dr. York further advised Phase II of the
proposed construction was for the Board's information and further
consideration or-ly, and that funding on this was not being requested at this
time.
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Chairman Bradby called for citizens with comments.
Mary Jane Scott, a resident of Smi#hfield, stated she had regained her
confidence in the decisions of the School Board and was most interested in
fairness to all children.
R. L. Walker, a resident of the County, stated he was not satisfied
with the proposed plan submitted by the School Board because of .the
combined middle/high school in Windsor. Mr. Walker also stated his
concern with redistricting and racial imbalances resulting from such
throughout the County.
Connie Carter, a resident of the County, urged the Board to
appropriate the necessary funds to accomplish construction for the proposed
new schools in the County.
David Olson, a resident of the County, stated he was previously
opposed to the plan of the School Board for many reasons, but that he now
believes there is adequate compromise among the School Board which
allows him to support their proposal. Mr. Olson further stated he does
have some questions regarding the redistricting which he believes can.be
addressed by the School Board after they get into the building program.
Mr. Olson then requested the Board of Supervisors to fully fund Phase I.
James B. Brown, Jr., citizen of the County and member of the School
Board, stated he made the initial motion at the School Board meeting to
present this recommendation to the Board, although it was done with some
reservation. Mr. Brown further stated he made the motion with the
understanding that there would be compromise among School Board
members and urged the Board to fully fund Phase I, as well as restore the
funding for the Smithfield High School auditorium. Mr. Brown continued
that although Construction Control Corporation has performed a good job
for the time allotted them, he did not believe they have accomplished as
thorough a job as they could have if given additional time. Mr. Brown
stated some of the inconsistences he found in the consultant's report were
the insensitivity to racial ethnic demographics, and that the. consultant's
projected elementary school enrollment in the Smithfield zone indicates that.
the 750 student Carrollton school and the 750 student renovated Hardy
school is undersized before it is opened. Mr. Brown further stated the
amount to upgrade technology at Smithfield High School seems too low,
that he was disappointed the consolidated school concept was not .fully
evaluated by the consultants, and that the cost savings in personnel,
equipment .and instructional advantages were not addressed, because he
believes a consolidated high school would be the best solution.
Hugh Gwaltney, a resident of Smithfield, expressed his concern
regarding the undetermined location of the Windsor High School. Mr.
Gwaltney stated he wanted it made clear to the School Board before any
funding is appropriated for the construction that the Board of Supervisors
is not in favor of building the high school on the other side of the Norfolk
and Western Railroad.
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Thomas Fenderson, of the Newport District, stated he had spoken
with John Whaley, the economist with the Hampton Roads Planning District .
Commission, who stated that the consultant's projections were equivalent
to a 500 student increase in the County's population per year for the next
ten years. Mr. Fenderson further stated Construction Control has not had
adequate time to perform their study and suggested that the.County request
Mr. Whaley to project these figures and then let Construction Control
Corporation evaluate his analysis.
Jan Leber, a resident of Carrollton, appeared in favor of the proposed
school construction and urged the Board to appropriate the necessary funds
to accomplish such. ~ .
David Hardy, a resident of the County, stated it is now time to make
a decision on the construction of the proposed schools. Mr. Hardy stated
he believes the County should build an elementary school in every district
with a middle and high school located in the central part of the County.
Chairman Bradby called for comments by the Board.
Chairman Bradby stated he would prefer to delay action on the matter
until the first meeting in June to allow him an opportunity to speak with
the School Superintendent.
Supervisor Cofer stated he believes Construction Control Corporation
has done a good job in the time allotted, although there are a few items ~'
which need further consideration, such as delaying action on the
auditorium for 120 days to allow the County ample time to consider
making. this a community center auditorium, rather than just 600 seats and
a stage. Supervisor Cofer also stated he would not like to see the price
listed for the land acquisition because land prices tend to rise to whatever
is put in the budget.
Supervisor Spady stated a comprehensive study. has now been
completed as requested and the Carrollton elementary school is badly
needed. Supervisor Spady further stated action should be taken tonight to
allow advertisement of bids because there is a possibility that this school
could be built by September of 1993. Supervisor Spady continued the cost
of this school is not as low as he would prefer, but the figure could not be
reduced withoutre-designing the school,:which would result in a loss of
. time and additional cost to the County. Supervisor Spady stated the
Windsor middle/high school concept is the only way to proceed if the
County wants to build a high school for the Windsor citizens because by
.combining it with the middle school, both .schools can use the gymnasium,
cafeteria,. and heating and power systems which is good from an economic
standpoint. Supervisor Spady stated he would like to see the auditorium
made into more of a community-type auditorium and that he would like to
defer action on the Windsor land purchase.
Supervisor Bradshaw stated 40% of the tax base comes from his
district and he favors starting all the schools together or none at all.
Supervisor Bradshaw added he would like to thank the School Board and
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Dr. York for the fine job they have done.
Supervisor Spady stated it would take approximately three to five
months to draw the plans for the Windsor middle/high school and that he
would vote to go with that plan, but the County cannot build all the schools
at the same time. He stated that we-would simply just be holding up the
Carrollton elementary school.
Supervisor Edwards stated he does plan to support the proposed plan
tonight based on assurances- from the School Board and Dr. York that the
County would not have a white school in Carrollton and a black school in
Hardy.
Chairman Bradby noted the Board appeared to be ready to take action
tonight and stated he would not hold up the progress of the schools and the
educational process in the County although he would prefer to have two
weeks to review the figures. Chairman Bradby further stated he did have
some concerns about approving funds with .only having the figures in his
hands for one hour.
Supervisor Cofer moved the Board approve Phase I as presented, in
the amount of $18,637,000 with two changes: (1) Item #8 (600 Seat
Auditorium at Smithfield High) -Defer action for no more. than. 120 days
to give the Board of Supervisors time to get input from the architect on the
auditorium and (2) Item #6 (Windsor Land Purchase) -Defer action until.
Construction Control Corporation has completed their site study. When the
site study is completed, action will be taken on the matter immediately.
The motion passed unanimously (5-0).
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At 7:55 p.m., Supervisor Bradshaw moved the Board take a recess.
The motion passed unanimously (5-0).
Upon returning to open session at 8:12 p.m., Chairman Bradby called
for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following application for the Board's
consideration:
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1. The application of M. D. Spivey for a Conditional
Use Permit to locate a mobile home for daughter,
Sharon Spivey, on five (5) acres of land .located off
Longview Drive (Route 602) on Spivey Lane which
is between Sandy Ridge Drive. (Route 601). and
Oliver Drive (Route 60.0) in Newport Magisterial
District:
Mr. Caskey stated at the time this application was presented. to the
Planning Commission. there was no opposition presented and the Planning
Commission voted unanimously to recommend approval to the Board of
Supervisors.
Supervisor Edwards moved the Board approve the application of M.
D. Spivey. The motion passed unanimously (5-0).
Mr. Caskey presented the following application for the Board's
consideration:
2. The application of Arthur \H. and Daisy E. Stone to
locate a mobile home for father, Arthur H. Stone,
Sr., on 5.744 acres of land located off Bob White
Road (Route 652) on Fox Hollow Lane which is
between Bowling Green Road (Route 644) and
Woodland Drive (Route 600) in Newport Magisterial
District.
Mr. Caskey stated there was no opposition presented to the Planning
Commission when the matter was considered; however, there was
discussion pertaining to comments provided by the Health Department
relative to conditions that they will impose regarding the existing septic
tank system. Mr. Caskey further stated .the Planning Commission voted
unanimously to recommend approval of the application to the Board of
Supervisors...
Supervisor Spady moved the Board approve the application of Arthur
H. and Daisy E. Stone. The motion passed unanimously (5-0).
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook submitted to the Board his report on the
proposed Virginia Power contract which he also reviewed for the School
Board at the request of Dr. York, and for the Western Tidewater Regional
Jail at their request. County Attorney Crook stated he has a number of
problems with the agreement as proposed which is outlined in his report
to the Board and that he does not recommend the contract in the form in
.which it is written.
Supervisor Bradshaw moved the Board notify Virginia Power of the
problems with the agreement. The motion passed unanimously (5-0).
County Attorney Crook stated the proposed budget being considered
by the Board proposes to delete the position of the Codes Enforcer. County
Attorney Crook further stated this has .been discussed by the Planning
Commission at their last meeting because this particular position was
created at the request of the Planning Commission and the Planning
Commission voted by majority vote to request the Board of Supervisors
consider not deleting this position, as it is needed for the enforcement of the
codes, particularly the zoning ordinance.
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Chairman Bradby stated this matter would be taken into consideration
by the Finance Committee.
County Attorney Crook stated he had received a letter from the
Commissioner of the Revenue in response to his .request indicating there
would not be any loss in existing revenues if the proposed recycling
ordinance was adopted.
County Administrator Standish stated not only would there be no loss
in revenues from existing equipment, but that some industrial investment
for the County may be enticed as well, which may net $750,000 in revenue
over the next several years. '
Supervisor Bradshaw expressed a desire to not take any action at this
time on the matter.
County Administrator Standish stated at previous meetings it was
recommended the Board consider establishing a special class of machinery
and tools with a reduced rate which would encourage one of the local
major industries to reinvestment millions of dollars in recycling efforts and
would also attract recycling businesses that may want to .come into the
County as a result.
County Attorney Crook stated the State statute adopted by the
General Assembly creates the separate class for local .taxation -and the
question is whether to exempt or partially exempt such property from local
taxation. County Attorney Crook further stated a memorandum was
submitted by the County's Economic Development Director suggesting a
50% tax exemption, but the Board could allot any amount of exemption,
and the amount does not need to be decided on now, only that a public
hearing be set to consider the matter.
Supervisor Cofer moved the Board direct the County Attorney to
advertise a public hearing in June, if possible, regarding the special tax
classification on recycling equipment and to propose that 50% be provided
in the ordinance as the proposed .tax exemption. The motion passed
unanimously (5-0).
County Attorney Crook stated he was prepared to discuss the status
of the J. C. Pallet Company, but that he believed the Board was up to date
as he had provided them with copies of the correspondence between him
and the attorney for J. C. Pallet Company.
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Chairman Bradby called for the County Administrator's report.
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County Administrator Standish stated an .error was made in
calculating the Treasurer's budget in the amount of $7,969 via erroneous
information received from the State Compensation Board..
Beryl Perry, County Treasurer, stated if allocated, the majority of the
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$7,969 would be used for postage.
Supervisor Spady moved the Board appropriate $7,969 to the
Treasurer's budget to be transferred from the contingency account. The
motion passed unanimously (5-0).
.County Administrator Standish stated as a result of a previous
discussion by the Board, included in the agenda is a status report of data
processing services. County Administrator Standish further stated he did
not recommend any changes at this time because of the -low costs of the
cooperative system with Southampton County.
Supervisor Bradshaw expressed his. desire to have a contract drawn
up regarding the Counk}~s present arrangement for data processing services.
County Attorney Crook stated it would be appropriate to prepare an
agreement and that he and the County Administrator could meet with the
Southampton County officials to discuss a formal agreement for data
processing services.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWENTY FIVE THOtTSAND DOLLARS
FROM THE 1991 SCHOOL BOND
ISSUE- PROCEEDS TO THE SCHOOL CONSTRUCTION FUND
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the appropriation of funds for school construction;
and,
WHEREAS, the funds in the amount of twenty-five thousand dollars
($25,000) needs to be appropriated from the 1991 school bond. issue
proceeds to the .school construction fund in the 1991-92 budget of the
County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS I-iEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty-
. five thousand dollars ($25,000) from the 1991 school bond issue proceeds be
appropriated to the school construction fund 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).
County Administrator Standish stated the Board had previously
..committed to the Hampton Roads Sanitation District and that the Town of
Smithfield is now requesting expansion of their existing waste water
discharge permit. County Administrator Standish further stated he would
recommend the County support Smithfield's expansion and that he would
request the Board allow him to present to the State ..Water Control Board a
letter supporting same.
Supervisor Spady moved the Board direct the County Administrator
send a letter of support to the .State Water Control Board regarding
Smithfield's expansion of their existing waste water discharge permit. The
motion passed unanimously (5-0).
County Administrator Standish stated the Health Department is
experiencing overcrowding and until the Board adopts the Capital
Improvements Plan, the Health Department would need temporary office
space. County Administrator Standish further stated additional office space
across the street from the Health Department is now available.
Supervisor Spady moved the Board request the County Administrator
meet with the Health Director and begin negotiations with the property
owner for a lease. The motion passed unanimously (5-0).
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County Administrator Standish presented a .status report on .the
Sheriff's office renovation/911 communications center and requested the
Board's support of two. change orders. County Administrator Standish
further stated a third change order, if approved, would reduce costs, such
as the deletion of some cabinet work and certain plastering work, as well
as a couple of items which will increase the cost by extending a driveway
up to the back door to allow prisoner loading and unloading to be
accomplished in a short space, as well as the removal of the brick sidewalk
from that point up to the existing driveway. County Administrator
Standish stated if the Board agreed, he would request the architect do a
final cost analysis and report back to the Board for approval.
Supervisor Cofer moved the Board approve change orders #1 and #2
at an increase not to exceed $377.32. The motion passed unanimously (5-0).
County Administrator Standish stated in response to a previous
request of Supervisor Edwards, County staff had obtained an estimate from
a contractor to provide a minimum of ten fixed covers over County refuse
containers at a cost of $4,400.
After. discussion by the Board, it was the consensus of the Board not
to take action due to the excessive cost.
Supervisor Cofer moved the Board adopt the following resolution:
A RESOLUTION REQUESTING THE COMMISSIONER .
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE HOLLY DRIVE
INTO THE VIRGINIA STATE SECONDARY ROAD- SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day. advised this .Board that streets in Littleton
Estates Subdivision, Hardy Magisterial District, Isle of Wight, Virginia have
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been built in accordance with Secondary Road Policies, and the Isle of
Wight County Subdivision Ordinance relating to acceptance of streets into
the State's Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the
Virginia Department of Transportation is requested to .include into the
Virginia Secondary Road System for .maintenance the following described
streets in the Littleton Estates Subdivision.
=1. Holly Drive: Beginning at a point on State Route 626,1.20 miles
east of State Route 677; thence running in a northwesterly
direction, 0.21 miles to a cul-de-sac.
Length: 0.21 miles
Right of way: 50 feet
Total length:. 0.21 miles
Unrestricted rights of way fifty (50) feet in width and additional right
of way for the cul-de-sacs, along with the necessary drainage .easements
have been- provided and are on record in the Office of the Clerk of the
Circuit Court at Isle of Wight County in Plat Book No. 9, Pages 40-41, Slide
256-257, dated July 20, 1979.
The motion passed unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING
MAY 29, 1992 AS VOLUNTEER RECOGNITION DAY
IN ISLE OF WIGHT COUNTY
WHEREAS, we are a nation that was founded by individuals who
dedicated their lives, energies, and resources to making this a better world
for themselves, their families, and their neighbors; and,
WHEREAS, volunteerism directly reflects the democratic principles
upon which this nation was founded in that everyone, regardless of their
circumstances, race, age, sex, color or creed can volunteer; and,
WHEREAS, the number of individuals engaging in volunteer work ~,
and the important variety of services provided increase each year, providing
.challenges and fulfillment, and rich rewards from helping others, improving
skills; and widening one's horizons; and,
WHEREAS, it is appropriate to recognize and to honor the numerous
contributions of the many volunteers serving the community of Isle of
Wight, as well. as this Commonwealth of Virginia,. and to join in with State
and national leaders to set a special time for such recognition.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County that the day of May 29,1992
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is hereby established as Volunteer. Recognition Day in Isle of Wight County.
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the numerous volunteer groups and organizations within the
County, and that this. resolution be prominently posted at the Isle of Wight
Courthouse.
The motion passed unanimously (5-0).
County Administrator Standish noted for the Board's information, the
monthly tax collection reports received from Messrs. Riddick and Windsor
indicate $387,089 has been collected through the end of April, at a cost to
the County of $46,553, which represents 12% of the ..amount collected.
County Administrator Standish requested an executive session later
in the meeting to interview the top two proposers for audit services
commencing July 1, 1992.
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Chairman Bradby called for Old Business.
Supervisor Cofer noted to the Board that a final budget
recommendation from the Finance Committee would be complete for the
June 4, 1992 meeting.
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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 Appointments....
There were no nominations offered for appointment by .the Board.
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Chairman Bradby called for approval of the April 16, 1992 regular
meeting minutes and the April 30, 1992 continued meeting minutes.
Upon recommendation by County Attorney Crook, Supervisor Cofer
moved the Board adopt the April 16,1992 regular meeting minutes and the
Apri130,1992 continued meeting minutes. The motion passed unanimously
(5-0).
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County Attorney Crook requested an executive session under Section
2.1-344 Al of the Freedom of Information Act for interviews of the top two
candidates for auditors and under Section 2.1-344 A7 of the Freedom of
Information Act for discussion with counsel concerning acquisition and / or
use of property for public purposes.
At 8:45 p.m., Supervisor Cofer moved the Board go into .executive
session for the reasons stated by the County Attorney. The motion passed
..unanimously (5-0).
At 9:45 p.m., Supervisor Cofer 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, 2.1-344.1A 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 RESOLVID 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.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
Supervisor Bradshaw moved the .Board direct the County
Administrator to meet with Goodman & Company to negotiate a contract
to be brought back to the Board relative to auditing services on behalf of
the County fora .two-year period commencing July 1, 1992. The motion
passed unanimously (5-0).
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