02-04-1999 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH DAY OF FEBRUARY IN THE
YEAR NINETEEN HUNDRED NINETY NINE
PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
Henry H. Bradby
Phillip A. Bradshaw
Robert C. Claud, Sr.
Aiso Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Spady called the meeting to order at 2:00 p.m. and delivered
the invocation.
The. Pledge of Allegiance was delivered.
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Chairman Spady called for Special Presentations.
Chairman Spady noted Vincent Doheny, Executive Director, Western
Tidewater Community Services. Board was scheduled to make a presentation
to the Board, however, he is not present at this time.
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Chairman .Spady indicated the following Consent Agenda included
Item 2, A.
A. January 7, 1999 Regular Meeting Minutes.
Supervisor Claud moved the Board adopt the Consent Agenda. The
motion was adopted unanimously (5-0).
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Chairman Spady called for Transportation Matters.
Jonathan W. Hartley, Director of Planning .and Zoning, notified the
Board that the Commonwealth Transportation Board has scheduled the
Preallocation .Hearing .for March 25, 1999 at 10:00 a.m. at the Suffolk
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District -office. Mr. Hartley noted he would prepare a resolution for the
Board's consideration at .its next meeting.
The Board authorized the inclusion of Route 260 in the resolution as
the County's transportation priority in combination with Route 258.
Supervisor Cofer moved the Board appoint Lyle Hornbaker to the seat
vacated by John Edwards on the Hampton Roads Technical Transportation
Committee. The motion was adopted as follows: Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0); none voting
against.
Mr. Hartley distributed correspondence dated February 4, 1999 from
his office regarding the following transportation issues:
A. Correspondence from Rick Riddick, Maintenance Operations
Manager, advising the Board that Scott's Factory Road (Route
620) will be closed between Deer Run Road (Route -1220) and
Turner Road (Route 644) from .February 15, 1999 until
approximately March 29, 1999 for repairs of the Champion
Swamp Bridge.
B. Response dated January 19, 1999 from MacFarland Neblett,
Resident Engineer, VDOT, commenting on the- process for
adding roads to the Six-Year Plan for Secondary Roads.
C. Letter of January 4, 1999 responding to an inquiry on the status
of the motor grading and improvement of Morgan's Beach
Road.
Chairman Spady moved the Board add Morgans Beach Road to the
Candidate List of Unpaved Roads. The motion was adopted as follows:
Cofer, Bradby, Spady, Bradshaw and Claud voting in .favor of the motion (5-
0); none voting against.
Mr. Hartley provided the Board with a summary of the quarterly
meeting with VDOT of January 25, 1999 regarding outstanding projects and
new issues and VDOT's responses. on these various projects.
Chairman Spady called for comments from the Board on
transportation issues.
Supervisor Bradby requested Easy Street be .placed on the Candidate
List.
Mr. Hartley advised Easy Street must first be formally taken into the
State system and the residents must petition. the County, in addition to
meeting other necessary criteria.
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Chairman Spady requested staff to take appropriate action to request
VDOT to clean out the ditches along Campbells Chapel Road and .Ramos
Road.
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Chairman Spady called for Citizens Comments.
Grace Keen spoke requesting the County take appropriate action to
implement a tax on the removal of sand from borrow pits in the County.
County Attorney Crook advised that the State Code does not authorize
severance taxes to be charged on the removal of sand.
Mrs. Keen complimented the Board on the success of the County's
newly organized convenience center in her area. She then inquired about
the Superfund site. in the Carrollton area.
Chairman Spady advised Mrs. Keen that the area was cleaned up by
the appropriate agency approximately eight (8) years ago,
Robin Land of Longview Acres spoke concerning the rezoning of 200
students to the Windsor Elementary School District. She requested the
Board address the School Board and request it to reverse its recent decision
on the school boundary lines.
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Chairman Spady called for the Community Development report.
George Morrison, Environmental Planner, requested the Board's
approval of a resolution required by the Chesapeake Bay Local Assistance
Department to make application for a grant. Mr. Morrison noted. the
deadline for submittal of the application is February 19, 1999 and is in the
amount of $40,000.
Supervisor Bradshaw moved the Board adopt the following. resolution:
RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT
APPLICATION TO THE CHESAPEAKE BAY LOCAL
ASSISTANCE DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, has authorized the development, submission and receipt of a grant
from the Commonwealth of Virginia, Chesapeake Bay Local .Assistance
Department for the Chesapeake Bay Preservation Act Program; and,
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WHEREAS, the funds in the amount of forty .thousand dollars
($40,000) or so much as shall be received from the Commonwealth of
Virginia, Chesapeake Bay Local Assistance Department needs to be
appropriated to the Chesapeake Bay Preservation Act Program line item in
the 1999-2000 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors that the County of Isle of Wight, Virginia, that
forty. thousand dollars ($40,000) or so much as shall be received from the
Commonwealth of Virginia, Chesapeake- Bay Local Assistance Department
be appropriated in the 1999-2000 budget of the County of Isle of Wight,
Virginia.
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 things
necessary to give this resolution effect.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
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Mr. Hartley notified .the Board that the VDOT Resident Engineer is
scheduled to make his quarterly appearance before the Board at its February
18, 1999 meeting.
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I Chairman Spady called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, briefed the
Board on the Camptown Sewer Project. He noted the contract was signed
with Qualicon in April with asix- (6) months completion date of October
27, 1998. He noted Qualicon has presented several change orders .which
would add 10-15 days to the contract and the earliest completion date is
now the middle to end of March, 1999. The sewer line to be installed is
now 95% .complete, the alarm system portion is approximately 90% to
95% complete, the cleaning and inspection of existing .lines is
approximately 90% to 95% complete, and two (2) of the .five (5) .pump
stations are complete. Mr. Rountree noted the contract does .contain
liquidated. damages in the amount of $100 per day.
Chairman Spady moved the Board direct the County Attorney to place
Qualicon on notice that the County will .utilize its penalty clause for work
not completed within the time constraints on the contract. The .motion was
adopted as follows: Cofer, Bradby, Spady, Claud and Bradshaw voting in
favor of the motion (5-0); none voting against.
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Spady called for the Economic Development report.
Lynn P. Hams, Director of Economic Development,. notified the Board
that a Economic Development Committee is recommending that Phase. I
devel pment of the Isle of Wight County Industrial Park commence, and that
the gineering design and contract negotiations be forwarded to the
Indus 'al Development Authority (IDA) for approval. Ms. Harris noted the.
IDA ould be meeting on February 11, 1999 to discuss the matter further.
Mrs. Harris noted the recommendation of the Economic Development
Com ittee is to proceed with the shell building development concept at the
Isle Wight County Industrial Park. The Committee is to review financing
optio sand present the Board with a recommendation in March, stated Mrs.
Mrs. Harris distributed a letter dated February 1, 1999 from David G.
Dick on, Director, Virginia Department of Business Assistance to the Board
for i information.
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[rs. Harris briefed the Board on the news release concerning the
of Bell Atlantic and GTE. Mrs. Hams notified the Board that those
es afforded Bell Atlantic will be afforded to GTE users also,
h rate structure has not yet been addressed.
Chairman Spady called for the Parks and Recreation report.
Alan S. Nogiec, Director of Parks and Recreation, addressed the Board
concept of a celebration of the Millennium in the form of the County
iQ a fireworks show.
Chairman Spady concurred with allocating $5,000 in the budget for a
fireworks show associated with the New Year 2000 and that such
expenditure should be a part of the Department's budget request. He noted
he .would like to have the program include other things, in 'addition to
fireworks.
Mr. Nogiec addressed the Board on the Fort Boykin Historic Park
Shore Protection Plan. Mr. Nogiec stated .the West Bank Group has
expressed a desire to include Fort Boykin in .the Headland Breakwater
System designed by J. R. Gunn of Coastal Design and Construction at no
cost or obligation to the County. Mr. Nogiec requested the Board agree to
the concept so that the applications can be submitted and funding sources
identified.
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Supervisor. Claud moved the Board authorize the County Attorney to
prepare an appropriate resolution far the Board's consideration at its
February 18, 1999 meeting. The motion was adopted as follows: Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0);
none voting against.
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Chairman Spady called for the County Administrator's report.
County Administrator Casket' presented a resolution for the Board's
consideration concerning donated funds for the County's Animal Shelter.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED
FORTY DOLLARS IN DONATED FUNDS FOR THE COUNTY' S
ANIMAL SHELTER
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WHEREAS, the Board of Supervisors of the County of Isle of Wight
has received donations for the. operations of the County Animal Shelter from
Newport News Shipbuilding in appreciation for contributions made to said
company by Mr. Ed Sise, Jr., resident of the Isle of Wight County; and,
WHEREAS, the funds in the amount of five hundred forty dollars
($540). received from Newport News Shipbuilding need to be appropriated
to the appropriate line item in the 1998-99 Operating Budget of the County
of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that five
hundred forty dollars ($540) received from Newport News Shipbuilding be
appropriated to the appropriate line item in the 1998-99 Operating Budget of
the County of Isle of Wight, Virginia.
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 was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
Regarding the matter of in-house assessment and .modification of
assessment cycle, Supervisor Claud indicated he could not support
proceeding with an in-house assessment at this time. He recommended
proceeding with another four (4) year cycle and that staff continue with
providing the Board with evaluations.
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Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources, noted he recently met with the members of the Fire
and Rescue Association to obtain feedback on the Fire and Rescue Study.
Mr. Robertson noted overriding concerns were expressed regarding how this
impacts the County's current Capital Budget in terms of those. projects
which have been on hold since July; a concern that some of the members
were not .contacted as .often as they felt they should have been contacted;
errors in the document which have. now been pointed out to the consultant;
discussions on how the Study addressed growth issues in the County; a
desire by several organizations for paid personnel while still maintaining
control of their organizations and supervision of their employees; capital
recommendations; and, downsizing in certain agencies. Mr. Robertson
requested the Board's feedback on the issue and .noted he .would compile
this information for inclusion in a report.
Supervisor Claud noted the importance of keeping the fire: and rescue
organizations involved in Board decisions. Supervisor Claud recommended
.the Board. consider employing a person to evaluate some of the programs the
County may need to develop and implement. Such person could work with,
and become familiar with, the various fire and rescue ..squads creating
education and understanding between the organizations and the Board.
Chairman Spady suggested staff contact other high growth counties to
find out what they have done and evaluate any specific concerns..
Supervisor Bradshaw stated he would like to solicit the ideas of the
various fire and .rescue organizations with regard to a coordinator position
and what they believe the qualifications should be.
Supervisor Bradshaw moved the Board direct staff to begin the
process of identifying the needs and developing a job description for an
emergency services coordinator position within the County. The motion
was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0); .none voting against.
.Supervisor .Bradshaw moved the Board direct Mr. Robertson to
request fire and .rescue personnel comments regarding the consultant's
report and that these comments be put in writing and submitted to the Board
at its February 18, 1999 meeting. The .motion was adopted as follows:
Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-
0); none voting against.
Linda A. Bean, Director of Social Services, addressed the matter of a
budget amendment for rent of the Social Services off ce space. Mrs. Bean
explained that in 1982 the Department of Social Services moved into the
office space currently identified as the Public Services Building. Additional
space of 1,004 square feet was provided to the Department of Social
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Services in 1997. At that time, she. agreed to make a one (1) time only
payment to the County in .the amount of $82,406.99 in exchange for the use
of the space. This offer was made on advice of the Commissioner of Social
Services who assured the local directors that their departments would be
receiving one (1) time funds to be used as they choose. The Commissioner
of Social Services was only partially correct in that only $34,150.23 was
transferred to ,the County, which left Social Services owing $48,256.76.
This was not available to her because it was cost allocation money. Based
on this, and based on the rate at which Social Services is currently paying
rent, it is recommended that the Assistant to the County Attorney initiate
with the Board a new lease to be paid at the rate of $2,510 annually,
retroactive to July 1, 1998, which will be paid in full by June 31, 2017,
stated Mrs. Bean.
County. Attorney Crook noted he .would prepare an appropriate
revision to the current lease which includes an addendum dealing with the
money owed from an amendment prepared in 1997 for the Board's
consideration at its February 18, 1999 meeting.
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Mr. Robertson stated with the dissolution of the Parks and
Recreational Facilities Authority, staff has been observing over.. the past year
the activities of the Departments of Parks and Recreation, Public Utilities
and Public Works in an effort. to improve efficiency and effectiveness of
some field operations.. After July 1, 1999, staff will. begin to fine tune a plan
in the transferring of all. building and .grounds maintenance functions,
equipment and personnel to the Department of Public Works. In addition,
staff will monitor the departments to ensure the transition is successfully
implemented. Staff is continuing to analyze budgetary and .personnel
impacts and will .provide the Board with additional information regarding
tl-e transition plan in future Board meetings. Mr. Robertson distributed a
proposed stafling plan concept for building and grounds functions for the.
Board's information.
County Administrator Caskey presented for the Board's consideration
a draft Travel Policy. Mr. Caskey noted the County's current Personnel
Policies and Procedures Manual does not address. travel regulations for
official County business travel
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Chairman Claud moved the Board adopt the Travel Policy and that it
be incorporated in the County's Personnel Policies and Procedures Manual.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and
Claud voting in favor of the motion (5-0); none voting against.
County Administrator Caskey requested the Board authorize the
transfer of $12,000 from the General Operating Contingency Budget to
cover salary costs for the position of the Administrative Analyst.
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Supervisor Cofer moved the Board authorize the transfer of $1.2,000
from the General Operating Contingency Budget to cover salary costs for the
Administrative Analyst position. The motion was adopted as follows:
Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-
0); none voting against.
County Administrator Caskey noted the arrival of the new Board
Room chairs. He advised that the old chairs would be surplused and
included in the 1999-2000 surplus declaration and sale, when authorized by
the Board. Mr. Caskey noted that the Rushmere Volunteer Fire Department
has requested an undisclosed number of the old .chairs.
Chairman Spady moved the Board direct staff to contact the various
emergency services personnel to inquire if they would be interested in the
old Board Room chairs. The motion was adopted as follows: Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting
.against.
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Chairman Spady called for Old Business.
Supervisor Claud inquired when a report summarizing the recent
Town Meeting held in January of 1999 would be distributed to the Board.
County Administrator Caskey noted once he has received a response
from the County Attorney on the hunting restrictions, staff will .begin the
process of compiling the comments and will present the Board with a
written report.
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Chairman Spady called for-New Business.
There was no new business offered for discussion.
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Chairman Spady called for Appointments.
Supervisor Claud moved the Board reappoint J. Kevin Duck,
representing the Windsor District, for an additional four (4) year term on the
Planning Commission. Mr. Duck's term will expire. in February of 2003.
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board reappoint Lawrence Pitt,
representing the Smithfield District, for an additional .four (4) year term on
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the Planning Commission. Mr. Pitt's term will expire in February of 2003.
The motion was adopted unanimously (5-0).
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Supervisor Bradshaw moved the Board reappoint Edna R. King,
representing the Carrsville District, for an additional four (4) year term on
the Planning Commission. Ms. King's term will expire in February of 2003..
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board reappoint John Springfield,
representing the Newport District, for an additional four (4) .year. term on-the
Planning Commission. Mr. Springfield's term will expire in February of
2003. The motion was adopted unanimously (5-0).
Supervisor Cofer moved. the Board appoint Don Robertson for a two
(2) year term on the Tidewater Emergency Medical Services Council, Inc.
Mr. Robertson's term will expire in February of 2001. The. motion was
adopted unanimously (5-0).
Supervisor Claud moved the Board reappoint Paul Phelps. as the Law
Enforcement representative on the Transportation Safety Committee. Mr.
Phelps' term will expire in December of 2002. The motion was .adopted
unanimously (5-0).
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Supervisor Claud moved the Board reappoint Wilson E. Holland,
representing the Windsor District, for an additional five (5) year term on the
Wetlands Board. Mr. Holland's term will expire in February of 2004. The
motion was adopted unanimously (5-0).
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Chairman Spady called for the County Attorney's report.
County Attorney Crook stated he met with the Director of Parks and
Recreation on the Riverview Park policy and. the Fort. Boykin's residence
lease. He noted he would have the matter for the Board's consideration after
he receives input from the individual Board members.
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Regarding the matter earlier expressed concerning the County's ability
to restrain dogs .from running at large, County Attorney Crook stated he
would meet with Animal Control personnel in the near future to advise that
dogs are allowed only to run at large in agriculturally zoned areas.
County Attorney Crook stated he received from the Director of
Economic Development a Boykin's Tavern easement. He noted he is not
ready to recommend it to the Board as he would like the indvidual.Board
members to .have an opportunity to review the lease and .request that. they
provide him with their respective comments.
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County Attorney Crook requested an executive session under Section
2.1-344 A3 of the Freedom of Information Act concerning three (3) for
advice of counsel and staff involving .the acquisition and/or use of property
for public purposes;. under Section 2.1-344 Al concerning two (2) matters
involving personnel; under Section 2.1.344 A7 concerning three (3) matter
involving advice of counsel and staff regarding contracts and/or potential
litigation.
County Administrator Caskey requested an executive session under
Section 2.1-344 Al concerning two (2) matters involving personnel.
.Supervisor Cofer moved to enter executive session for the reasons
stated. The motion was adopted unanimously (5-0).
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. l A 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 TT 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.
vOTE
AYES:. Cofer, Bradby, Spady, Claud and Bradshaw
NAYS: 0
ABSENT DURING VOTE:. 0
ABSENT DURING MEETING: 0
The motion was adopted as follows: Cofer, Bradby, Spady, Claud and
Bradshaw voting in favor of the motion (5-0); none voting against.
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Supervisor Cofer moved the Board authorize the County Attorney to
advertise the lease for rental of Fort Boykin. The motion was adopted by the
following votes: Cofer, Bradby, Spady, Bradshaw and Claud voting. in favor
of the motion (5-0); none voting against..
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At 6:00 p.m., Chairman Spady moved the Board adjourn its meeting.
The motion was adopted unanimously (5-0).
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