04-16-1998 Regular Meetingeooa 1 i ,~ : ~~~6
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPER~JISORS HELD THE SIXTEENTH DAY OF APRIL IN THE YEAR
NINETEEN HUNDRED NINETY EIGHT
PRESENT: Robert C. Claud, Sr., Chairman
O. A. Spady, Vice-Chairman
Phillip A. Bradshaw
Henry H. Bradby
ABSENT: Malcolm T. Cofer
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 6:00 p.m. The invocation
was delivered by Supervisor Spady.
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Chairman Claud called for Special Presentations.
Chairman Claud acknowledged Ernestine Slade who was selected the 199$
Foster Parent of the Year by the National Foster Parent Association.
Mrs. Slade thanked the School Board, the Department of Social Services
and the Board of Supervisors for her recognition.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
MRS. ERNESTINE SLADE
FOR HER ACCOMPLISHMENTS
WHEREAS, Mrs. Ernestine Slade has been a licensed foster parent with
the Isle of Wight County Department of Social Services agency since 1983; and,
WHEREAS, Mrs. Slade has cared for more than forty (40) children of all
ages, races, and varying degrees of service needs placed in her home; and,
WHEREAS, Mrs. Ernestine Slade has been selected as the 1998 Foster
Parent of the .Year by the National Foster Parent Association and will be
recognized as such at their national conference in Orlando, Florida.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Mrs. Ernestine
Slade is recognized and congratulated on her being selected as the 1998 Foster
Parent of the Year by the National Foster Parent Association.
The motion was adopted. by the following vote: Claud, Bradby, Bradshaw
and Spady far the motion; none against.
//
County Administrator Casket' noted there are two items contained irr his
section of the agenda that pertain to the Victim Witness Assistance Program and
he requested the Board consider these at this time.
Supervisor Spady moved the Board amend the order of the agenda, as
requested. The motion was adopted unanimously (4-0).
Chairman Claud acknowledged the. presence of Sharon Frix, Victim
Witness Coordinator, and presented her with a resolution designating April 19-
25, 1998 as National Crime Victims' Rights Week.
Supervisor Bradby moved the Board adopt the following resolution:
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.RESOLUTION TO DESIGNATE
APRIL 19 - 25, 1998
• AS NATIONAL CRIME VICTIMS' RIGHTS WEEK
WHEREAS, one violent crime is committed every. l 8 seconds in America;
and,
WHEREAS, there are over 250,000 serious crimes reported annually to
Virginia law enforcement officials; and,
WHEREAS, law abiding citizens are no less deserving of justice, rights,
resources, restoration, and rehabilitation than the violent offenders who victimize
them; and,
WHEREAS, crime victims and their advocates over the past two decades
have made unparalleled progress toward balancing the scales of justice in our
criminal justice system; and,
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WHEREAS, as a nation devoted to liberty and justice for all, America must
protect, restore and expand crime victims' rights.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the week of
April 19-25, 1998 be designated as Crime Victims' Rights Week.
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The motion was adopted by the following vote: Claud,. Bradby, .Bradshaw
and Spady for the motion; none against.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT
APPLICATION AND TO ACCEPT AND APPROPRIATE -GRANT
FUNDS FROM THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia is approving the development and submission. of an application for a
Victim Witness Assistance Program to the Commonwealth of Virginia
Department of Criminal Justice Services; and,
WHEREAS, funds in the amount of forty nine thousand three hundred
sixty-six dollars ($49,366) or as .much as shall be received from .the
Commonwealth of Virginia Department ofCriminal Justice Services, need to be
appropriated to the Victim Witness Assistance Program line item in the 1998-99
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 funds in the
amount of forty nine thousand three hundred sixty-six dollars ($49,366), or as
much as shall be received from the Commonwealth of Virginia Department of
Criminal. Justice Services, be appropriated to the Victim Witness Assistance
Program line item in the 1998-99 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments in the budget for this. grant and to do all things necessary to give this
resolution effect.
The motion was adopted by the following vote: Claud, Bradby, Bradshaw
and Spady for the motion; none against.
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Supervisor Bradshaw moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
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Chairman Claud indicated the following Consent Agenda. included Item Z,
A through C, and asked if there were any items for removal:
A. Delinquent Real Estate Tax Collection Monthly Repoli
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B. ,March 18, 1998 Continued Meeting Minutes
C. March 19, 1998 Regular Meeting. Minutes
There being no items requested by the Board members for removal,
Supervisor Bradshaw moved the Board approve all items of the.Consent Agenda.
The motion was adopted unanimously (4-0).
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Chairman Claud called for Transportation Matters.
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, briefed the Board on the various projects commencing this
construction year, work recently completed and the status of certain projects.
Regarding the Route 10 Bypass at the Cypress Creek Interchange, Mr. Neblett
advised that the overlay work should commence the first two weeks in May
between the stop light at South Church Street and West Main Street. Widening
of the pavement will occur at the interchange area, as well. as improvement to the.
stripping with asphalt. VDOT will be installing reflective pavement markers at
this location and he has asked. that the traffic engineer review the lighting
situation, as well. Regarding the Cypress Creek Connector (Route 258 to Shady
Drive), Mr. Neblett-stated the Route 258 corridor. is being reviewed between
Franklin and Smithfield, including the Route 260 corridor.. Regarding the
Blackwater River Bridge on Route 58 Business, Mr. Neblett stated he would
request Supervisor Bradshaw contact the VDOT Location Design Engineer. At
this point, VDOT personnel are presently gathering location information.
Regarding the Route 258/Courthouse Road, Mr. Neblett stated VDOT roadway
personnel are reviewing the situation and the project, weather permitting, is
anticipated to be complete by late Fall. Regarding the Route 58/258 Connector
(Route 260), Mr. Neblett stated VDOT has determined a preliminary alignment
which is very close to the original alignment. The start date is in the year 2000.
Regarding the Rescue Bridge Project, Mr. Neblett stated additional borings (core
samples) have been taken and VDOT anticipates meeting with the County in the
next thirty (30) .days to go over two different proposals. Regarding .West
Blackwater Road, Mr. Neblett stated an outfall ditch needs to be cut in one area
and the project should be complete within the next thirty (30) days. Regarding.
Raynor Road, Mr. Neblett stated VDOT anticipates an advertisement date of
December, 1998. Regarding Pruden Road, Mr. Neblett stated the curve has been =°
staked and he has made an attempt to contact Ms. Rhodes to further discuss the
issue. Regarding Holly Run Road (Route 615), Mr. Neblett stated a speed study
will be performed as soon as the District Traffic Engineering. Section can get it
in their schedule. Mr. Neblett stated he has spoken with the Superintendent and
Maintenance Manager regarding efforts to clean the ditches to alleviate the
drainage problem. Regarding Nike Park Road (Route 669), Mr. Neblett stated
he has. spoken with the Superintendent regarding the needed work. on this road.
Regarding Muddy Cross Road (Route 620), Mr. Neblett stated he would contact
Chairman Claud and invite him to the meeting as soon as it is scheduled.
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Regarding Bradby Lane (Route 720), Mr. Neblett stated VDOT has performed
some of the ditch work and the culvert has been cleaned. Regarding traffic
counts for unpaved road, Mr. Neblett stated he has spoken with VDOT Traffic
Engineering personnel to see if these counts can be performed at least every two
years. Regarding Oliver Drive (Route 600), Mr. Neblett stated VDOT has
performed ditching work at Oliver Drive and Route 10 and repaired affected
areas with stone.. Regarding Kings Cove Way (Route 659), Mr. Neblett stated
he would attempt to have the traffic accident count by Monday for Supervisor
Spady.
Chairman Claud called for comments from the Board.
Supervisor Bradby requested the status of Emmanuel Road.
Mr. Neblett promised to find out if the ditching efforts have been
accomplished and report to Supervisor Bradby on his findings..
Supervisor Bradshaw requested the status of the reduction of the .speed
.limit on Carrsville Highway/Route 58.
Mr. Neblett noted a study has been performed, but he has not yet received
a response from Richmond. Mr. Neblett noted he .would make the necessary
phone call to move the matter forward.
Supervisor Bradshaw requested the status. of the turn lanes in proximity to
the Carrsville Convenience Center.
Mr. Neblett noted he will request VDOT's engineering department review
his request.
Supervisor Bradshaw reminded Mr. Neblett he previously requested a study
be performed to improve the intersection at Route 58 Business/Route 258.
Brenda Marshall presented a petition containing 200 signatures requesting
a stop light and speed limit reduction at the Route 58/Route 258 intersection.
She further requested that the double line .beyond the houses on Route 258 be
extended.
Mr. Neblett noted he would request the VDOT traffic engineering section
review her request.
Supervisor Spady moved the Board designate Country Way and Twin Hill
Lane as candidates for Pave-in-Place funds. The motion was adopted by the
following vote: Claud, Bradby, Bradshaw and Spady for. the motion; none
against.
Chairman Claud requested citizens to speak regarding highway concerns.
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Mr. Hartley presented the. Board with a copy of a request from Robert S.
Kenerley to consider Johnson Lane under the Rural Addition Program.:
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Mr. Hartley distributed correspondence from VDOT responding to a
request from residents on Sugar Hill Road and advising that. the road may. be
considered for Secondary Road Improvement funds. Mr. Hartley noted he will
keep the request on file for consideration when secondary road issues come up
again in the Fall.
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Chairman Claud called for Citizens Comments.
Donald Landing, resident of Obrey Farms, speaking on behalf of his son,
Timothy Donald Landing,. who purchased a lot in October of .1994, requested the
Board consider his request for a water hook-up fee of $875.
Chairman Claud informed Mr. Landing that staff would look into the
matter and respond back to Mr. Landing.
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At 7:00 p.m., Supervisor Bradshaw moved the. Board. amend the order of
the agenda in order to conduct the public hearings. The motion was adopted
unanimously (4-0).
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Chairman Claud called for a public hearing on the following:
A. The application of Charles E. Chamberlain far a Conditional Use
Permit to locate a mobile home to be occupied by Hazel Warner,
mother-in-law, on 28.2.7 acres of land located at 19412 Tomlin Hill
Drive (Route 649) in Hardy Magisterial District.
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Chairman Claud called for persons to speak in favor of or in opposition to
the application.
Charles Chamberlain, applicant, noted the request is a hardship request in
that-the mobile home would be for an ill mother-in-law.
Mr. Hartley provided the Board with a copy of correspondence from R. D.
Hayes of 19450 Tomlin Hill, Zuni, Virginia dated April 14, 1998, opposing
placement of the trailer citing certain concerns.
Mr. Chamberlain responded to Mr. Hayes' concerns noting that, under no
circumstances would another mobile home be .placed on the property if his
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mother-in-law was not living in it, nor would there be any other mobile homes
placed on the property. Mr. Chamberlain commented that the trailer is solely for
the use of his mother-in-law and when she no longer has a use for the mobile
home, it will be removed.
County Attorney Crook advised this application is for a Conditional Use
Permit for a mobile home for the mother-in-law only and when the. mother-in-law
no longer lives there, the mobile home must be removed and these are conditions
of the permit.
Chairman Claud closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board approve the application of Charles
E. Chamberlain, as conditioned. The motion was adopted as follows: Claud,
Bradby, Bradshaw and Spady for the motion; none against.
Supervisor Bradshaw requested Mr. Hartley contact Mr. Hayes to clarify
his questions. '
B. The application of Michael Cawthon for a Conditional Use Permit
to locate a mobile home to be occupied by Elizabeth Bryant on 2.92
acres of land located at 7485 Peanut Drive, Windsor, in Hardy
Magisterial District.
Chairman Claud called for citizens to speak in favor of or in opposition to
the application.
Upon no one appearing, Chairman Claud closed the public hearing and
called for comments from the Board.
County Attorney Crook explained the Planning Commission considered the
matter at its January meeting and was not aware of any deed or plat restrictions
at that time. However, after the Planning Commission meeting, but before it was
heard by the Board, it was brought to staffs attention by an adjacent land owner
that there was a restriction on the plat which prohibited mobile homes in that
subdivision. As a result, the matter was returned to the Planning Commission
as the policy that has been followed by both the Planning Commission and the
Board is not to approve mobile homes that are contrary to subdivision
restrictions. The Planning Commission recommended unanimously that the
Board not approve the application as doing so will depart from established
policy.
In view of the County Attorney's comments, Supervisor Bradshaw moved
the Board not approve the application of Michael. Gawthon. The motion was
adopted by the following vote: Claud, Bradby, Bradshaw and Spady for the
motion; none against.
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C. ,HOME Investment Partnership Program Funds for the 1998-99
Program Year
Donald T. Robertson, Assistant to the County Administrator/Director of
Human Resources, noted the. public hearing this evening is to solicit public
comment about the. Program and is simply a requirement of the grant;, Mr. ..
Robertson noted no action is necessary on the part of the Board.
Chairman Claud called for citizens to speak in favor of or in opposition to
the Program. There being none, Chairman Claud closed the public hearing.
D. Proposed Fiscal Year 1999-2003 Capital Improvements Program
(CIP)
Mr. Hartley noted the CIP was considered by the Plannirg Commission at
its. public hearing on March 10, 1998 which recommended that the computers
and software be considered in the operating budgets of each agency's request,
Mr. Hartley noted the CIP reflects a reduction in that the School Board has
already allocated for school buses. in the current funding year.
Chairman Claud called for citizens to speak in favor of or in opposition to
the proposed CIP.
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Upon no one appearing, Chairman Claud closed the public hearing and
noted the Boazd would not take action tonight as it has a work session scheduled
on this matter for Apri130, 1998 at 2:00 p.rn.
Supervisor Bradshaw moved the Board table action until the Board's May
7, 1998 meeting. The motion was .adopted unanimously (4-0).
E. 1997-98 Proposed School Budget
County Attorney Crook advised the Board that a mistake did occur in the
publication for the public hearing. The statute requires that the public notice be
seven (7) days prior to the public .hearing and an additional seven (7) days before
the Board can act on the Budget. The notice was properly published seven (7)
days before the public hearing citing April 16, 1997 at 7:00 p.m. which is correct;
however, a second paragraph states that those persons wishing to be heard can
appear on April 17, 1997 at 7:00 p.m. This mistake was corrected and
republished; however, the second publication is not more than seven (7) days
before the public hearing, but the first publication was, and it is his opinion that
it meets the requirements and the Board can proceed with the public hearing.
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Chairman Claud called for citizens to speak in favor of or in opposition to
the proposed School Budget.
Dr. Jane T. York, School Superintendent, spoke on behalf of the School
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Board and urged the Board's full funding of the Budget.
Upon no one speaking in opposition, Chairman Claud closed the public
hearing. Chairman Claud noted the Board has scheduled a work session on April
21, 1998 at 7:00 p.m. and he would recommend the Board table action on the
School Budget.
County Attorney Crook advised the Board is required by law to approve the
School Budget by May 1, 1998 or thirty (30) days from the time the estimates
were received from the State, .which is before May 1, 1998.
Supervisor Bradshaw moved the Board table action until the. Board's April
30, 1998 meeting following the work session between the Board of Supervisors
and the School Board. The motion was adopted unanimously (4-0).
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Supervisor Spady moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
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Richard Cassell of Carrollton requested a status report regarding the Race
Trac facility (construction of turn lane into King's Cove Way).
Supervisor Spady responded the Resident Engineer of VDOT has not yet
received the traffic accident reports and directed Mr. Hartley request the status
of this project when he meets with the Resident Engineer on Monday.
Mr. Cassell further requested that the roadway he raised one (1) foot on
King's Cove Way.
Supervisor Spady noted he would call Mr. Cassell's request to the attention
of the Resident EngineerNDOT.
Pat Clark of Twin Hill Lane commended the Board on its recent "Town
Meeting" and for staff forwarding to him a summation of the meeting: Mr. Clark
requested that such materials be distributed to citizens in the County. Mr. Clark
expressed a desire to continue efforts to control growth in the County.
Chairman Claud noted that. copies of the summation will be provided to the
.various libraries for reference by interested citizens and that a public notice
advising of same would be published in the local newspapers.
Evelyn Chandler presented the Board with. a status report. on the Boykin's
Tavern Initiative noting that an ISTEA grant has been filed for $200,000.. In
addition, the General Assembly, approved $225,000, of which $200,000 will be
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available in "July, 1998 and the remaining $25,000 in July, 1999, contingent upon
the approval- of the Governor. From Historical Society members, individual
citizens', businesses and organizations; $37,899 has been raised. The Historical
Society has a certificate earmarked for $20,000. Pledges of $2,125 are still
outstanding. ISTEA funding is $.75,000 and the Board has placed $44,000 in its
CIP for a total of $179,000.24. The Historical Society media challenge is to
secure $20,976 by July 1, 1998 in order to have a total of $200,000 by July 1,
1998, stated Mrs. Chandler.
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Chairman Claud called for the Community Development report.
Mr. Hartley recommended the Board's approval of a resolution contained
in the agenda in support of the preparation and filing of an application fora 1998
planning. grant through the Virginia Community. Development Block grant
program.
Chairman Claud moved the Board adopt the following. resolution:
RESOLUTION IN SUPPORT OF PREPARATION AND FILING OF AN
APPLICATION FORA 1998 PLANNING GRANT THROUGH THE
VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS,. financial assistance is available to local governments through
the Commonwealth of Virginia's Community Development. Block Grant (CDBG)
Program for planning and preliminary design activities; and.
WHEREAS, in order to receive such financial assistance, it is necessary to
file an application for a Planning Grant with the Virginia Department of Housing
and Community Development (VDHCD); and
WHEREAS, the Town of Windsor wishes to apply for $20,000 in 1998
Planning Grant fundsduring the first application round to be used in a planning
study to resolve the Town's priority community development needs through the
development of the Railway South/Route 2S8 Comprehensive Community
Development (CCD) Plan; and
WHEREAS, the Town of Windsor is expected to commit $2,000 in local
funds (FY99) to the planning study contingent upon receipt of said. planning
grant from VDHCD for a total planning budget of $24,000; and
WHEREAS, the planning study.may lead to the submission of a 1999
Community Improvement Grant Application that, if funded, will address the
National Objective of benefiting low-to-moderate income (LMI) persons; and
WHEREAS, the Town Manager, as Chief Administrative Office of the
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Town of Windsor will be authorized to undertake the preparation of said
application for filing with the Virginia Department of Housing and Community
Development on or before tl~e April 17, 1998 submission deadline. The Isle of
Wight County Board of Supervisors supports the Windsor Town Council in
requesting the Virginia Department of Housing and. Community Development
to consider and fund said application and program, said. program being in
accordance with regulations for the use and expenditure of Planning Grant Funds.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors agrees to enter into partnership with the Town of Windsor
in their application for above said Planning Grant and agrees to commit $2,000
in FY99 funds to the planning study contingent upon receipt. of said planning
grant from. VDHCD.
The motion was adopted by the following vote: Claud, Bradby, Bradshaw
and Spady for the motion; none against.
Mr. Hartley presented a request for an exception to Section 4-4-1-4 of the
Isle of Wight County Subdivision Ordinance for the Gatling Pointe South
Subdivision, Phases 2A, 3 and future phases, Newport Magisterial District. Mr.
Hartley noted the Planning Commission did recommend approval to the Board.
Mr. Hartley noted this is the. type of issue the Board may wish to revisit when it
revises the. Subdivision Ordinance citing the question of why the County would
have a more stringent standard than what VDOT requires.
Supervisor Bradshaw moved the Board approve the exception. The motion
was .adopted (3-0) with Chairman Claud and Supervisors Bradby and Bradshaw
voting in favor of the motion and Supervisor Spady abstaining from voting on the
matter.
Mr. Hartley. noted $38,000 in local assistance funds were approved by the
Chesapeake Bay Local Assistance Department.
Mr. Hartley noted by a vote of 5-4, the Planning Commission had
recommended approval of the Graymor rezoning application. Mr. Hartley further
noted he will be providing updated information to the Board and requested the
Board members return their notebooks pertaining to the Graymor application so
that the additional information can be inserted.
Mr. Hartley noted staff will advertise a public hearing on the Graymor
application far the Board`s May 2l, 1998 .meeting.
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Chairman Claud called for the County Administrator's report.
County Administrator Casket' presented a resolution recognizing April 19-
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25,1998 as National County Government Week which he would recommend the
Board adopt.
Supervisor Bradshaw moved .the Board adopt the following resolution:
RESOLUTION TO DESIGNATE APRIL 19 - 25, 1998
AS NATIONAL COUNTY GOVERNMENT WEEK
WHEREAS, county government is-the oldest form of local government in
the United States; and,
WHEREAS, Virginia is the birthplace of county government, with the first
counties in America being Virginia's. eight original shires that were established
in 1634 and the County of Isle of Wight has been in existence for over three
hundred fifty years; and,
WHEREAS, ninety-eight percent of the nation's population and two thirds
ofVirginia's population live in counties; and,
WHEREAS, county governments provide a wide range of services for the
benefit of all people and are often the last available resource for providing critical
and long-term services for the poor, the homeless, immigrants, refugees and the
disadvantaged; and,
WHEREAS, over the past thirty years county governments have assumed
increasing responsibility for the administration and financing of health, welfare,
justice, transportation, housing and community development programs and
county governments have also been assigned a greater role in solving area-wide
problems dealing with air pollution, water pollution, solid waste disposal,
airports, transit systems, regional parks and other important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia joins all other.
counties in the United States and recognizes the week of April 19-25, .1998 as
National County Government Week.
The motion was adopted by the following vote: Claud, Bradby, Bradshaw
and Spady for the motion; none against.
County Administrator Casket' stated the Hampton Roads Partnership is
requesting each locality. to favorably consider a resolution endorsing the activities
of the Partnership and acknowledging that the Partnership would be the recipient
of any regional competitiveness funding that might be received for the 1998
funding year on behalf of the region. Mr. Casket' recommend the Board adopt
the resolution, contained in the agenda to authorize the Hampton Roads
Partnership to cant' out the provisions of the Regional Competitiveness Program
and approving the fund distribution methodology proposed by the Partnership.
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Chairman Claud moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE THE HAMPTON ROADS
PARTNERSHIP TO CARRY OUT THE PROVISIONS OF THE
REGIONAL COMPETITIVENESS PROGRAM AND APPROVING THE
FUND DISTRIBUTION METHODOLOGY PROPOSED BY THE
HAMPTON ROADS PARTNERSI--IIP
WHEREAS, in 1996 the Virginia General Assembly adopted the Regional
Competitiveness Act (the Act), Chapter 26.3 of Title 15.1 of the Code of
Virginia, 1950, as amended, to encourage counties, cities and towns to work
together for their mutual benefit and that of the Commonwealth of Virginia; and,
WHEREAS, to encourage regional strategic planning and cooperation, the
Act establishes an incentive fund administered by the Virginia Department of
Housing and Community Development (VDHCD) to be used to encourage and
reward regional strategic economic .development. planning and joint activities;
and,
WHEREAS, the Act provides monetary incentive, totaling Ten Million,
Thirty-five Thousand, Two Hundred Thirty-nine Dollars ($10,035,239) in 1998,
for distribution among the State's regions to communities that have qualified
pursuant. to the Act and in accordance with all applicable statutes and. by
procedures adopted by the VDHCD, with the 1998 round incentive funds being
due July 1998; and,
WHEREAS, incentive funds will be disbursed to qualified regions in an
amount equal to the percentage of the funds appropriated in incentive payments
for a fiscal year that represents the region's percentage of the total population of
all qualified regions; and,
WHEREAS, the Hampton Roads Partnership (the Partnership) is a
.Virginia non-profit, non-stock corporation comprised of leading representatives
from the public, business, education, civic, and military communities and whose
mission is to .enhance regional cooperation and improve economic
competitiveness in the Hampton Roads Region (the Region) which is defined as
the Cities of Chesapeake, Franklin, Hampton, Suffolk, Newport News, Norfolk,
Portsmouth, Poquoson, .Virginia Beach, and .Williamsburg; the Counties of
Gloucester, Isle of Wight, James City, Southampton, and York; and the Town of
Smithfield; and,
WHEREAS, the Partnership in close cooperation with the Hampton Roads
Planning District Commission submitted the Region's successful application for
Regional Competitiveness Program (RCP) incentive funding in June, 1997 and
received such funding in October 1997; and,
WHEREAS, in recognition of the Partnership's role in fostering regional
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competitiveness, the Hampton Roads Mayors and Chairs. caucus supports
distributing all RCP funds received by the region directly to the Partnership
(distribution methodology); and,
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WHEREAS, the RCP guidelines require that each municipality designate
by resolution approval of the region's RCP incentive funds distribution
methodology; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, supports the Partnership°s efforts to carry out the provisions of the RCP
and to administer the monetary incentives on its behalf.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia recognizes the
Hampton Roads Region as a region contemplated by the Act and hereby declares
itself to be a member of and a participant in the Hampton Roads Region.
BE IT FURTHER RESOLVED that the Board of Supervisors supports the
Partnership°s efforts to carry out the provisions of the RCP and authorizes the
Partnership to receive RCP incentive funding on behalf of the region.
The motion was adopted by the following vote, Claud, Bradby, Bradshaw
and Spady for the motion; none against.
Anne F. Seward, Director of Budget and Finance, noted the Natural
Resowce Conservation District is requesting the Board renew its lease agreement
which terminated February 28, 1998 an a month-by-month basis for
approximately the next ten (10) months as it is currently seeking office space in
the Smithfield area.
Chairman Claud noted this space may fit into the overall County plan at
some time in the future and the Board needs some provision that it can terminate
the lease.
County Attorney Crook noted once the lease becomes month-to-month, the
Board can terminate the.lease upon thirty (30}days' notice.
Supervisor Bradshaw moved the Board authorize the Chairman to sign the.
lease .agreement. between the County and the Natural Resource Conservation
Service (NRCS)-Human Resources Building which will be effective March 1,
1998. The motion was adopted by the following vote: Claud, Bradby, Bradshaw
and Spady for the motion; none against.
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County Administrator Caskey presented the Board -with proposals for grass
cutting services for further discussion before staff releases the RFP.
Supervisor Spady moved the Board authorize the issuance of an RFP for
BOON 17.•gr'68U
grass cutting services: in accordance with Chapter 8 of the County Code. The
motion was adopted by the following vote: Claud, Bradby, Bradshaw and Spady
for the motion; none against.
County Administrator Caskey presented a resolution for the Board's
consideration which authorizes a public hearing set for the Board's May 21, 1998
meeting which he recommends the Board.adopt.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION AUTHORIZING ISLE OF WIGHT COUNTY TO
SCHEDULE A PUBLIC HEARING REGARDING THE ISSUANCE OF A
TAXABLE GENERAL OBLIGATION REFUNDING NOTE TO
REFINANCE THE COUNTY'S VRS OBLIGATION AT A LOWER RATE
OF INTEREST
WHEREAS, Isle of Wight County (the "County") is obligated to make
certain annual payments (the "VRS Obligation°') to or on behalf of the County
School Division to pay the Virginia Retirement System (the "VRS") the County
School Division's early ..retirement program costs as set forth in the
Memorandum dated May 15, 1992 from the Director. of the VRS to Division
Superintendents and Financial Officers of Public School Boards; and,
WHEREAS, the County Board of Supervisors has determined that it may
be necessary or desirable to issue a taxable general obligation refunding note of
the County in the estimated maximum amount of $791,283 to refinance the VRS
Obligation at a lower rate of interest and to pay the issuance costs of such note.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA:
1. The County Administrator is authorized and directed to advertise a
public hearing to be held on May 21, 1998 on the issuance of a
taxable general obligation refunding note of the County in the
estimated. maximum amount of $791,283 for the purpose of
refinancing the VRS Obligation at a lower rate of interest and to pay
the issuance costs of such note.
2. .This Resolution shall take effect immediately upon its adoption.
The motion was adopted by the following vote; Claud, Bradby, Bradshaw
and Spady for the motion; none against.
. County Administrator Caskey noted he has. received information from the
Executive Director of VACo acknowledging that a three (3) year contract for the
provision of municipal electrical service to local governments by Virginia Power
has been successfully negotiated. VACo indicates a savings of $30,000,000 will
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be realized over the contract's three (3) year term. Mr. Casket' stated further
information will be forthcoming from VACo which will require Board action.
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Mr. Casket' reminded the Board of an upcoming joint work session with
the School Board scheduled for April 21, 1998 at 7:00 p.m. in the Board Room
to discuss capital projects proposed by the School Board. Mr. Casket' further
reminded the Board of a work session scheduled for Apri130, 1998 at 2:00 p.m.
in the Board Room to discuss the various County budgets.
//
Chairman Claud called for Old Business.
A. The application of Kevin McIntyre for a Conditional Use Permit to
utilize a garage apartment as a guest home in addition to a single-
family dwelling on property zoned NC-RA located at 31175 Walters
Highway in Windsor Magisterial District. (Tabled March 19, 1998
in order to allow the Board of Zoning Appeals an opportunity to hear
the issue of the variance)
Mr. Hartley noted the Board. of Zoning Appeals approved the necessary
variance to reduce the required lot size with the condition that it only be for
guests and that no rental use of the property would be allowed. Mr. Hartley
noted there was no opposition to the application presented at the meeting.
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Supervisor Bradshaw moved the Board approve .the application, as
conditioned by the Board of Zoning Appeals. The motion was adopted by the
following vote: Claud, Bradby, Bradshaw and Spady for the motion; none
against.
Chairman Claud moved the Board meet at 1:00 p.m. on May 7, 1998 to
discuss economic development issues and the establishment of an Economic
Development Committee. The motion was adopted unanimously (4-0}.
//
Chairman Claud called for New Business.
Chairman Claud called for discussion by Board members on how the
Board will consider the hiring of surveyors for Rural Addition Roads.
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Supervisor Spady moved the Board authorize issuance of an RFP for
employment of a surveyor to perform work in establishing the rights-of--way,
easements, etc. for roadways to be considered as part of the Rural Addition
Program. The motion was adopted by the following- vote: Claud, Bradby,
Bradshaw and Spady. for the motion; none against.
eooK ~.? ,Ah~68~
/~
Chairman Claud called for Appointments.
County Attorney Crook noted the Board of Supervisors .nominates
individuals to serve on the Board of Zoning Appeals, however, the Circuit Court
actually appoints the individuals. The Board has traditionally nominated one
individual from each election district and Gayle Brown from the Smithfield
Election District is moving into the Hardy District. He advised her she could
continue to serve because representation under statute is not by election district,
but requested- she speak with Supervisor Cofer about the matter. County
Attorney Crook stated the Board should determine if it wishes to have her resign
so the Board can nominate someone from the Smithfield District to replace her
or have her continue to serve.
Chairman Claud moved the Board reappoint Gracie Porter for an
additional three-year term on the Commission on Aging representing the
Windsor District which will expire in April of 2001.. The motion was adopted
unanimously (4-0). '
Supervisor Bradshaw moved the Board accept the letter of resignation of
Nola Matthews from the Commission on .Aging. The motion was adopted
unanimously (4-0).
!/
Chairman Claud called for the County Attorney's report.
County Attorney Crook distributed copies of the bylaws for the Parks and
Recreation .Advisory Committee which he has revised because there were
differences in the bylaws and the resolution. County Attorney Crook
recommended the bylaws and resolution to the Board for approval.
Noting the absence of Supervisor Cofer by Supervisor Spady, Supervisor
Bradshaw moved the Board table the matter until the May 7, 1998 meeting. The
motion was adopted unanimously (4-0).
Regarding the ISTEA grant, County Attorney Crook stated VDOT is
providing $75,000 and the County is required to put up a matching grant of at
least 20% in local funds. There is language that states anything over this. amount
is the responsibility-of the County, but there is nothing to bind the County beyond
the 20%. The County would have to reimburse VDOT I7% of their expenses if
the County cancelled the project or did not go through with the project. County
Attorney Crook recommended the Board proceed with approving the -ISTEA
grant.
Supervisor Bradshaw moved the Board approve the ISTEA grant
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agreement, as presented. The motion was adopted by the following vote: Claud,
Bradby, Bradshaw and Spady for the motion; none against.
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County .Attorney Crook distributed a copy of the Isle of Wight County
Policy on Governing Use of Incentives for Industrial Development as
recommended by the Director of Economic Development which he has reviewed
and recommends to the Board. Noting a problem with Incentive "E", County
Attorney Crook recommended. that °'loan guarantees for industries" be deleted.
Supervisor Bradshaw moved the Board adopt the. resolution adopting the
incentives as revised by the County Attorney.. The resolution is to be revised. to
reflect the accurate date, as follows:
RESOLUTION TO ADOPT AN ECONOMIC DEVELOPMENT
POLICY TO GOVERN THE USE OF INCENTIVES
FOR INDUSTRIAL DEVELOPMENT
WHEREAS, the County of Isle of Wight has determined that an economic
development program is beneficial to the County; and,
WHEREAS, the County of Isle of Wight encourages economic
development through the .provision of facilities and services, and the
establis~iment of cooperative programs with the private sector and other public
agencies; and,
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WHEREAS, the County of Isle of Wight wishes to formally state its
support for economic development and to define the County's economic
development incentives.
NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of the
County of Isle of Wight during its regular meeting on April 16, 1998 adopted the
attached Economic Development Policy.
The motion was adopted by the following vote: Claud, Bradby, .Bradshaw
and Spady for the motion; none against.
County Attorney Crook stated the Board directed him at its last meeting to
prepare aproposal for leasing County industrial property for farm use while the
County is waiting for potential industries to locate there and in reviewing the
statutes the Board must first. have a public hearing before proceeding to lease
land for agricultural use.
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Lynn P. Hams, Director of Economic Development, noted for the Board's
information that the Director of Planning and Zoning has advised her that the
County's ordinance does not allow agriculture on M-1 zoned property,
Supervisor Bradshaw moved the Board direct the Director of Economic
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Development bring back a proposal to the Board for its consideration on the pros
and cons and any potential impact. The motion was adopted by the following
vote: Claud, Bradby, Bradshaw and Spady for the motion; none against.
County Attorney Crook distributed a copy of a policy he, prepared for the
Board regarding the distribution and display of outside communications and
materials and recommended the Board adopt a policy of this nature if the Board
wishes to control the type of materials which are not County materials being
displayed or distributed on County property. County Attorney Crook stated if the
Board is ready to adopt the policy, he would prepare a resolution for the .Board's
consideration to adopt the policy.
Supervisor Spady moved the Board table the matter until the May 7, 1998
meeting for a resolution for adoption. The motion was adopted by the following
vote:. Claud, Bradby, Bradshaw and Spady for the motion; none against.
County Attorney Crook stated the Board, at its previous meeting,
authorized the petitioning of the Circuit Court for the appointment of the Codes
Enforcer:as a Special Police Officer for the County which would give the Codes
Enforcer the right to issue summons in lieu of obtaining warrants and to make
arrests on the scene in the event. of a violation of the County's ordinances.
County Attorney Crook notified the Board that the matter was handled yesterday
by the Senior Judge in the Circuit Court who entered the Order.
//
County Administrator Caskey requested an executive session under Section
2.1-344 A3 concerning two matters. involving acquisition and/or use of public
property for public uses; under Section 2.1-344 A7 concerning a matter involving
potential litigation; and, under Section 2.1-344 AS concerning an industrial
prospect.
Mr. Rountree requested an executive session under Section 2.1-344 A7
concerning a contract matter requiring advice of counsel.
.County Attorney Crook requested an executive session under Section 2.1-
344 Al concerning a personnel matter.
Supervisor Spady moved the Board enter executive session to discuss the
items stated after taking aten-minute recess. The motion was adopted
unanimously (4-0).
Upon returning to open session, Supervisor Spady moved the Board adopt
the following resolution:
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.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,
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WHEREAS, 2.1-344. lA 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 matterslawfully 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.
AYES: Claud, Bradby, Bradshaw and Spady
NAYS: 0
~ ~~
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1
The motion was adopted by the following vote: Claud, Bradby, Bradshaw
and Spady for the motion; none against.
Supervisor Spady moved the Board authorize 'the Director of Public
Utilities to send out bids for the construction of Phase I of the Northern
Development Service District water line from Carisbrook to Sugar Hiil Road.
The motion was adopted by the following vote: Claud, Bradby, Bradshaw and
Spady for the motion; none against.
//
County Administrator Caskey notified the Board staff has collected
information from various localities with the intent of developing an informational
brochure on County services which can be made available to the public.
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//
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At 9:30 p:m., Supervisor Bradshaw moved the Board continue its meeting
until April 21, 1998 at 7:00 p.m. for the purpose of meeting with the School
Board. The motion was adopted unanimously (4-0).
__~~ ~ ~~G--tom.--.,~,
Robert C. Claud, Sr., Chairman
-~..J-'
W. Dougla C •key, Cler