05-06-1999 Regular MeetingBOQ~ 18 ~«'=' ~?4
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTH DAY OF MAY IN THE YEAR
NINETEEN HUNDRED NINETY NINE
PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
..Henry H. Bradby
Robert C. Claud, Sr.
ABSENT: Phillip A. Bradshaw
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 Spady called the meeting to order at 2:00 p.m. Supervisor
Bradby delivered the invocation.
The Pledge of Allegiance was conducted.
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Chairman Spady .indicated the following Consent Agenda included
Items I, A through D, and asked if there were any items for removal:
A. CSA Allocations
B. Appropriation of Funds for Roll-off Truck
C. April 1, 1999. Regular Meeting Minutes
D. April 13, 1999 Continued Meeting Minutes
Supervisor Claud moved the Board adopt all items of the Consent
Agenda. The motion -was adopted with Supervisors .Spady, Bradby, Claud
and Cofer voting in favor and no Supervisor voting against the motion.
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Chairman Spady called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, presented a
Resolution Abandoning Route 1607 (Williams Street) From the Secondary
System of State Highways for the Board's. consideration.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION ABANDONING ROUTE 1607 (WILLIAMS STREET)
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FROM THE SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, a public notice was posted along Route 1607 (Williams
Street) and advertised for two successive weeks in a newspaper of general
circulation in the County advising the general public that the Board of
Supervisors had received a request to abandon the section of road described
below, as prescribed under Section 33.1-1 S 1 of the Code of Virginia, and,
WHEREAS, all potentially adjoining or affected property owners .and
all known utility services in the vicinity were advised by mail of the Board's
intent to abandon the subject section of road, and,
WHEREAS, the Commissioner of the Department of Transportation
was provided the prescribed notice of the Board's intent to abandon the
subject section of road, and,
WHEREAS, no written request for a public hearing was presented to
the County within thirty (30) days of posting the subject road or from the
most recent date of legal advertising in the newspaper and therefore no
public hearing was scheduled or held, and,
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WHEREAS, after considering all evidence available, this Board is
satisf ed that no .public necessity exists for the continuance of the entire
length of Secondary Route 1607 from its intersection with Route 1606
(North Lynn Road) to its terminus on the lands owned by Union Camp
Corporation, a distance of 0.16 miles, and hereby deems that section of road
is no longer necessary as a part of the Secondary System of State Highways.
NOW, THEREFORE, BE IT RESOLVED, that the isle of Wight
County Board of Supervisors does hereby abandon the above described
section of road from the Secondary System of State Highways, pursuant to
Section 33.1-151 of the Code of Virginia.
BE IT FURTHER RESOLVED that a certified copy of this resolution
be forwarded to the Resident Engineer of the Virginia Department of
Transportation.
The motion was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting in favor (4-0) and no Supervisor voting against the motion.
Mr. Hartley presented a Resolution Approving A Revised Isle of
Wight County 2000-2005 Secondary Six-Year Improvement Priority Plan
and Fiscal Year 1999-2000 Secondary Construction Budget for the Board's
consideration,
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION APPROVING A REVISED ISLE OF WIGHT COUNTY
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2000-2005 SECONDARY SIX-YEAR IMPROVEMENT
PRIORITY PLAN AND FISCAL YEAR 1999-2000 SECONDARY
CONSTRUCTION BUDGET
WHEREAS, the Isle of Wight County Board of Supervisors and the
Virginia Department of Transportation held a public hearing on October 15,
1998, to solicit citizen's comments and recommendations concerning the
Isle of Wight County 2000-2005 Secondary Six-Year Improvement Priority
Plan and Fiscal Year 1999-2000 Secondary Construction Budget; and,
WHEREAS, comments and recommendations have been received
during the public hearing on this matter, and such have been considered and
incorporated as appropriate in the 2000-2005 Secondary Six-Year
Improvement. Priority Plan and Fiscal Year 1999-2000 Secondary
Construction Budget, and,
.WHEREAS, the Virginia Department of Transportation presented to
the County a Revised 2000-2005 Secondary Six-Year Improvement Priority
Plan on March 4, 1999, which initiates certain roads projects earlier in the
Pian and allows the deficit for the Jones Creek Bridge replacement project to
be financed in later years in the Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight
County Board of Supervisors does hereby accept and approve the Revised
Isle of Wight County 2000-2005 Secondary Six-Year Improvement Priority
Plan and Fiscal Year 1999-2000 Secondary Construction Budget Priority
Plari.
BE IT FURTHER RESOLVED, that the County Administrator is
hereby authorized to do all things necessary to give this resolution effect.
The motion was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting in favor (4-0) and no Supervisor voting against the motion.
Mr. Hartley stated, regarding the FY 1998-99 supplemental allocation
of VDOT Revenue Sharing Funds, he has been notified that there is up to
$50,000 additional funds available. Mr. Hartley stated if the Board is
interested in receiving additional funding, he should be directed to
communicate this to VDOT.
Supervisor Claud moved the Board direct staff to reply to Mr. Given's
letter requesting additional funding up to .$50,000 be allocated to the project
designated on the Designation of Funds form. The motion was adopted with
Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no
Supervisor voting against the motion.
Mr. Hartley referred to correspondence received from the VDOT
Resident Engineer regarding sign modifications to Firetower Road (Route
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644) and Tomlin Hill Drive (Route 649); improvements which could be
made to Country Way (Route 671) and Twin Hill Lane (Route 667) under.
the Pave•in-Place legislation; construction of a right turn lane at Route 58
Business and Route 258;. and, the status of VDOT's investigation of Yellow
Rock Road and Hideaway Lane as candidates under the Rural Addition
Program..
Mr. Hartley noted that at the April 26, 1999 quarterly meeting with
VDOT, James Cleveland noted he would be scheduling a meeting with
County staff concerning the Cypress Creek Connector. Mr. Hartley further
noted that VDOT has advised that the work on Shiloh Bridge is .anticipated
to be completed on time.
Supervisor Bradby requested staff to contact VDOT regarding the
replacement of drainage ditches along Route 650/Whispering Pines and that
appropriate speed limit signs also be posted.
Mr. Hartley presented a contract with Baldwin & Gregg for surveying
services on South Johnson Avenue, Duke Street, Poplar Drive and South
Shore Drive. Mr. Hartley suggested the Board authorize $30,000 to initiate`
this work.
Supervisor Claud moved that the Board appropriate $30,000 from the
contingency fund for surveying services in the order of .South Johnson
Avenue, Duke Street, Poplar Drive and South Shore Drive. The motion was
adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of
the motion (4-0) and no Supervisorvoting against the motion.
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Chairman Spady called for Citizens Comments.
Grace Keen noted the "Relayfor Life" event will take place on May
22, 1.999. She invited the Board members to attend a service at the
Memorial Gardens on May 23, 1999 at 2:00 p.m. at which time there will be
63 azaleas dedicated to cancer patients and their families.
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Charles Holt, owner, American Sportsman Campground, requested the
Board's assistance in obtaining a permit for an event he plans. for later this
month.
County Attorney Crook explained to Mr. Holt that he must first go
through a permit process, which includes. a public hearing. Chairman Spady
referred Mr. Holt to staffwho was directed to help him in this regard..
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Supervisor Cofer moved the Board amend the regular order of the
agenda in order to hear the report from. the Public Utilities Director. The
motion was adopted unanimously (4-0).
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Chairman Spady called for the Public Utilrties report.
E. Wayne. Rountree, P.E., Director of Public Utilities, presented the
H2O-Help to Others Program to the Board which is a regionally designed
program. to assist utility customers with payment of their utility bills on a
one. (1) time basis when a customer is unable to pay their bill.
Supervisor Cofer moved the Board .authorize the County to join the
H2O-Help to Others Program by July 1999 so that the. Fall 1999 fund raising
campaign may incorporate all localities in a regional effort. The motion was
adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor
(4-0) and no Supervisor voting against the motion.
It was further noted that a recommendation for an appointee to -this
group would be provided to the Board at its June 3, 1999 meeting.
Mr. Rountree stated staff has been approached by potential utility
customers .who wish to reconnect to the County's water or sewer systems.
Mr. Rountree noted .the County's current ordinance does not address
whether or not there is a fee to reconnect. As a result, staff has performed a
survey of surrounding communities and found that usually a reconnection
fee is not charged unless there is work to be done by the. locality. Mr.
Rountree stated based on this, staff is recommending the Board adopt as a
policy. that there be no reconnection fee and that staff be directed to work
with the County Attorney in this effort to amend the appropriate ordinances.
Chairman Spady moved the Board adopt as policy that no connection
fee be charged for the reconnection to either water or sewer. and direct that
an amendment be prepared to the water and sewer ordinance reflecting this
policy, as long as it does not cost the Department of Public Utilities time and
that such ordinance amendment be brought back to the Board for
consideration. (Supervisor Claud noted the County -would not charge
reconnection fees pending adoption of the policy amendment). The motion:
was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in
favor (4-0) and no Supervisors voting against the motion.
Mr. Rountree noted. design is currently underway for the Northern
Development Service District water line from Sugar. Hill Road along Route
17 up to Chuckatuck Creek. Mr. Rountree noted there is a shortfall of 1,000
feet in which the County must pick up the cost as it is on the County's side
of the river. Mr. Rountree stated staff is requesting this be incorporated
with the design of that portion of that project from Beachwood. Drive up to
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Turner Drive. Mr. Rountree requested the Board's approval of Amendment
#1 from R. Stuart Royer & Associates, Inc. for this additional work.
Supervisor Cofer moved the Board approve the Amendment # 1 from
R. Stuart Royer & Associates, Inc. The motion was adopted with
Supervisors Cofer, Bradby, Spady and Claud voting in favor (4-0) and no
.Supervisor voting against the motion.
Mr. Rountree presented bids on the Northern Development Service
District Elevated Water Tank for the Board's consideration. Mr. Rountree
recommended the Board approve the low bid of PDM Water in the amount
of $1,338,000.
Supervisor Cofer moved the Board approve the low bid of PDM Water
in the amount of $1,338,000 and adopt the following Resolution to
Appropriate $1,400,000 from the Utility Construction Fund for the Northern
Development Service District .Elevated Water Tank with contingency of
$b2,000 to come from the current bond fund:
RESOLUTION TO APPROPRIATE ONE MILLION FOUR HUNDRED
THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND
FOR THE NORTHERN DEVELOPMENT SERVICE DISTRICT
ELEVATED WATER TANK
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the funding for the construction of an elevated water
tank in the Northern Development Service District;. and,
WHEREAS, the funds in the amount of one million four hundred
thousand dollars ($1,400,000) need. to be appropriated from the Utility
Construction Fund to the 1998-99 Capital Projects Budget of Isle of Wight
County for the construction of an elevated water tank to serve the Northern
Development Service District located in Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that one million
four hundred thousand dollars ($ I ,400,000) be appropriated from the Utility
Construction Fund to the 1998-99 Capital Budget of Isle of Wight County.
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BE TT 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 things necessary to give this
resolution effect.
The motion was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting. in favor (4-0) and no Supervisor voting against the motion.
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Mr. Rountree noted he would come back to the Board with
suggestions for a logo, lettering and tank color for the water tower later.
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Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
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Chairman Spady called for the Community Development. report.
Mr. Hartley stated the following two items have been placed on the
Board's agenda at the request of the applicants due to the emergency nature
of these requests. He stated these items are .public hearings due to
notification of adjoining property owners.
County Attorney Crook explained Conditional Use Permits require a
public hearing by the Planning Commission and then are forwarded to the
Board which can require another public hearing or the Board can act on the
Conditional Use Permits if there was no opposition.
Supervisor Claud moved the Board approve the application of Robert
W. Hummel, Jr. for a Conditional Use. Permit to replace a mobile home to be
occupied by son, William T. Hummel and family, on seven (7) acres of land
located at 25040 Mulberry. Lane, Windsor, in Windsor Magisterial District.
The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud
voting in favor (4-0) and no Supervisors voting against the motion.
Supervisor Bradby moved the. Board approve the application of James
L. and Lillian Wilson for a Conditional Use Permit to locate a mobile home
to be occupied by their daughter, Jacqueline Denson, on two (2) acres of
land located at 8424 James. Wilson Way, Smithfield, in Hardy Magisterial
District. The motion was adopted with Supervisors Cofer, Bradby, Spady
and Claud voting in favor (4-0) and no Supervisor voting against the motion.
Regarding the issue of mitigation of certain tidal vegetated wetlands
impacted by the construction of the Jones. Creek Boat Ramp, Mr. Hartley
recommended the Board. authorize funds in the amount of $3,380 be donated
to the Virginia Wetlands Restoration Trust Fund.
Supervisor Claud moved the Board authorize funds in the amount of
$3,380 from the. Contingency Fund be donated to the Virginia Wetlands
Restoration Trust Fund with the understanding that funds. would not be
conveyed to the Trust Fund until complete documentation is obtained from
the -Army Corps of Engineers that this would satisfy the mitigation
requirement and lift the present suspension on considering permits. The
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motion was adopted with Supervisors Cofer, Bradby, Spady and Claud
voting in favor (4-0) and no Supervisor voting against the motion.
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Mr. Hartley presented a request by Timmons and staff to amend the
original GIS Development contract to include digitizing the backlog of plats.
Mr. Hartley recommended the. Board authorize the County Administrator to
sign the contract subject to the approval of the County Attorney.
Supervisor Cofer moved the Board authorize the contract amendment
with the stated maximum subject to the County Attorney's approval. The
motion was adopted with Supervisors Cofer, Bradby, Spady and Claud
voting in favor (4-D) and no Supervisor voting against.
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Chairman Spady moved the Board take a ten (10) minute. recess. The
motion was adopted unanimously (4-0).
Upon returning to open session, Chairman Spady called. for the
Economic Development report.
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Lynn P. Harris, Director of Economic Development, presented a
Resolution in Support of 1999 Business Appreciation Week for the Board's
consideration.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION IN SUPPORT OF 1999
BUSINESS APPRECIATION WEEK
WHEREAS, Isle of Wight County is pleased to have a thriving base of
business .and industry to support the local economy; and
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Isle of Wight County; and
WHEREAS, these businesses provide local .revenues from which the
entire local citizenry benefit;. and
WHEREAS, these businesses also make significant contributions in
our communities to promote educational opportunities for our children and
promote a variety. of activities which increase the quality of life of the area;
and
WHEREAS, we recognize and appreciate these businesses;
NOW,. THEREFORE BE IT RESOLVED, we the Board of
Supervisors of Isle of Wight County, hereby recognize our existing
businesses, and by virtue of this resolution give notice. to our citizens that
we acknowledge that, Thanks to You, Virginia Works;
AND, FURTHER BE IT RESOLVED, that the week of May 16-22,
1999 is Business Appreciation Week in Isle of Wight County.
The motion was adopted with Supervisors Spady, Bradby, Claud and
Cofer voting in favor and no Supervisor voting against the motion.
County Attorney Crook noted the word "proclamation" .should be
changed to "resolution".
Mrs. Harris noted the address for the Tourism Bureau web site is
www.smithfield-virginia.com.
.Chairman Spady noted that the picture of Smithfield Station is
reversed and should be corrected.
Mrs. Harris presented a Resolution Requesting Industrial Road Access
Funds From the Virginia Department of Transportation Commonwealth
Transportation Board for the Board's consideration.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION REQUESTING INDUSTRIAL ROAD ACCESS FUNDS
FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION
COMMONWEALTH TRANSPORTATION BOARD
WHEREAS, Isle of Wight County has acquired property located in
the County of Isle of Wight for the purpose of industrial. development; and
WHEREAS, this property is expected to be the site of new private
capital investment in land, building, and manufacturing equipment which
will provide substantial employment; .and
WHEREAS, the subject property has no access to a public street or
highway and will require the construction of a new roadway to connect with
Windsor Boulevard (Route 460); and
WHEREAS, the County of Isle of Wight hereby guarantees that the
necessary right of way for this new roadway and utility relocations or
adjustments, if necessary, will be provided at no cost to the Virginia
Department of Transportation;
BE IT FURTHER RESOLVED THAT, The Isle of Wight .County
Board of Supervisors: hereby agrees that the new roadway so constructed
will. be added to and become: a part of the County of Isle of Wight.
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The motion was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting in favor of the motion (4-0) and no Supervisor voting against
the motion.
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Mrs. Harris briefed the Board on the status of the Boykin's Tavern
renovation. She stated that she will be meeting with the architect tomorrow
to review the pre-qualification forms with Requests For Bids going out
immediately thereafter. Construction is to begin the first week in June of
1999, she noted.
Mrs. Harris stated she had several matters for executive session liter
in the meeting.
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Chairman Spady called for the Parks and Recreation report
Alan S. Nogiec, Director of Parks and :Recreation presented an
application for the Isle of Wight County Memorial Garden in honor of
Randal J. Edwards and Charles R. Edwards, long-time business owners in
the County.
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Supervisor Cofer moved the Board approve an application submitted
by Marguerite E. Edwards in honor of Randal J. Edwards and Charles R.
Edwards. The motion was adopted with Supervisors Cofer, Bradby, Spady
and Claud voting in favor of the motion (4-0) and no Supervisor voting
against the motion.
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Chairman Spady called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Recognize
Mitchell P. Hunter, Jr. for Service on the Western Tidewater Disability
Services Board for the Board's approval.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
MITCHELL P. HUNTER, JR. FOR SERVICE ON THE
WESTERN TIDEWATER DISABILITY SERVICES BOARD
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WHEREAS, Mitchell P. Hunter, Jr., is a lifelong citizen of Isle of
Wight County; and,
WHEREAS, Mr. Hunter served as the County's representative on the
Western Tidewater Disability Services Board; and,
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WHEREAS, the Board of Supervisors wishes to ,express its
appreciation for the service rendered by Mr. Hunter to the citizens of Isle of
Wight County.
NOW, THEREFORE, BE IT AND. IT IS HEREBY RESOLVED that
the. Board of Supervisors of the County of Isle of Wight expresses its
heartfelt appreciation to Mitchell P. Hunter,. Jr. for service on the Western
Tidewater Disability Services Board.
The motion was adopted unanimously (4-0).
County Administrator Caskey noted Mr. Hunter would be invited to
attend the Board's next meeting and, if he was unavailable, a presentation
resolution would be forwarded to his residence.
County Administrator Caskey presented a Resolution Designating
May as Tourism Month for the Board's consideration.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION DESIGNATING MAY AS TOURISM MONTH
WHEREAS, the travel and tourism industry supports the vital interests
of Isle of Wight County and the United States, contributing to our
employment, economic prosperity, international trade and relations, peace,
understanding, and goodwill; and,
WHEREAS, travel and tourism ranks as one of Virginia's largest
industries in terms of revenues generated; and,
WHEREAS, travelers visiting Isle of Wight County contributed
substantially to the economy in 1998; and,. `
WHEREAS, travel and tourism provide employment opportunities for
more young people, women, and minorities than any other industry in
Virginia; and,
WHEREAS, as people throughout the world become more aware of
the outstanding cultural and recreational resources available in Isle of Wight
County, travel and tourism will become an increasingly important aspect in
the lives ofour citizens.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of .Supervisors of the. County of Isle. of Wight that the month of
May, 1999 is designated as Tourism Month in Isle of Wight County.
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The motion was adopted unanimously (4-0).
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County Administrator Caskey presented a request. by .the Sons of
Confederate Veterans Urquhart-Gillette Camp to hold a memorial service at .
the Confederate monument at the front of the County Courthouse on
Memorial Day (May 31, 1999).
Supervisor Cofer moved the Board approve the request to hold a
memorial service at the Confederate monument at the front of the County
Courthouse on Memorial Day (May 31, 1999). The motion was adopted
with Supervisors Spady, Bradby, Claud and Cofer voting in favor and no
Supervisor voting against the motion,
County Administrator Caskey presented a Resolution to Authorize the
Development and Submission of a Grant Application and to Accept and
Appropriate $19,094 Or So Much As Shall Be Received From the United
States Department of Agriculture, Summer Food Program. for the Board's
consideration.
Supervisor Claud moved the Board adopt the following resolution:
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RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND
SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND
APPROPRIATE NINETEEN THOUSAND NINETY FOUR DOLLARS OR
SO MUCH AS SHALL BE RECEIVED FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE, SUMMER FOOD PROGRAM
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 United States Department of Agriculture, Summer Food Service
Program; and,
WHEREAS, the funds in the amount of nineteen thousand ninety four
dollars ($19,094) or so much as shall be received from the United States
.Department of Agriculture, Summer Food Service Program need to be
appropriated to the USDA Lunch Program line item in the .1999-00
operating budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that
nineteen thousand. ninety four dollars ($.19,094) or so much as shall be
received from the United States Department of Agriculture, Summer Food
Service Program be appropriated to the appropriate line item in the 1999-00
operating budget of the County of Isle of Wight, Virginia.
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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 things necessary to give
this resolution effect.
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The motion .was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting in favor of the motion (4-0) and no Supervisor voting against
the motion.
County Administrator Caskey presented a Resolution to Appropriate
$75,000 From the Unappropriated Fund Balance of the General .Fund for
Loan Purposes to the Western Tidewater Water Authority.
Supervisor Claud moved the Board. adopt the following resolution:
RESOLUTION TO APPROPRIATE SEVENTY FIVE THOUSAND
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND FOR LOAN PURPOSES TO THE WESTERN
TIDEWATER WATER AUTHORITY
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia agrees and authorizes an interest free loan of seventy five thousand
dollars ($75,000) to the Western Tidewater Water Authority to assist in
funding interim operation costs with flexible repayment terms to be made
when available funding is sufficient per the discretion of the Western
Tidewater Water Authority; and,
WHERAS, the funds. in the amount of seventy five thousand dollars
($75,000) need to be appropriated for a loan to the Western Tidewater Water
Authority from the Unappropriated Fund Balance of the General Fund to the
1998-99 Operating 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
seventy five thousand dollars ($75,000) from the Unappropriated Fund
Balance of the General Fund: be appropriated to the 1998-99 Operating
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 things necessary to give
this resolution effect.
The motion was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting in favor of the motion (4-0) and no Supervisor voting against..
County Administrator Caskey presented a request for use of County
property (old Smithfield High School) by the Town of Smithfield for
installation. of a sidewalk.
Chairman Spady inquired if .the posts and fence would be replaced.
He noted he liked the idea of a fence in playground areas rather than open
fields.
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Mr. Nogiec explained the fence is in a dilapidated condition and its
location serves no purpose.
Supervisor Cofer moved the .Board authorize the use of the County
property under either construction option noted by the Town of Smithfield.
The .County Administrator was requested to convey to the. Town of
Smithfield the Board's concern with the replacement of the fence. The
motion was adopted with Supervisors Cofer, Bradby, Spady and Claud
voting in favor of the motion (4-0) and no Supervisor .voting against the
motion
Donald T. Robertson, Assistant to the County AdministratorlDirector
of Human Resources addressed the Board concerning amendments to the
Worker's Compensation Policy. He noted the time frames for reporting
incidents has changed from 48 hours to 24 hours and injured persons would
be referred to the County's list of physicians. Mr. Robertson. stated the
County's workers comp carrier has recommended that the County needs to
structure its policy so that it provides- incentive for the injured individual to
return to work and by giving them the option of having the leave deducted.
from their accrued leave and supplementing their salary, the injured
employee actually makes more money staying at home in terms of net
income. Mr. Robertson stated he would recommend the. Board choose one
option or the other, i.e., either supplement or allow the employee to
supplement, or the County does not.
County Attorney Crook advised Mr. Robertson that it should state this
is an amendment to the County's polides, otherwise there may be
confusion. He would also suggest an appropriate resolution be prepared, ,
Mr. Robertson explained he is recommending that this be adopted as
the County's workers compensation policy because there are Constitutional
Officers' employees who do not abide by all of the provisions of the
County's Personnel Policies .and Procedures Manual. Mr. Robertson stated
he wanted to make sure this policy covers all .employees covered by the
County's insurance carrier.
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Supervisor Cofer moved the Board adopt the recommended policy and
that it should state that it will replace the existing policy and directed the
County Attorney prepare an appropriate resolution for the Board's
consideration amending the County's Personnel Policy Manual replacing
Section 6.6 with this language. The motion was adopted with Supervisors
Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no
Supervisor voting against the motion.
Ludford T. Creef, III, Director of Public Works, presented a request for
area lighting at the County's manned convenience centers.
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Chairman'Spady moved the Board implement this change at the Jones
Creek Convenience Center and that one site at a time be done. The motion
was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in
favor of the motion (4.0) and no Supervisor voting against the motion.
County Administrator Caskey requested the Board's consideration for
a date to hold the 1999-00 Operating Budget public hearing.
Supervisor Cofer moved the Board authorize the Director of Budget
and Finance to advertise the 1999-00 Operating Budget for public hearing at
the Board's May 20, .1999 meeting with the tax rates the same as last year.
The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud
voting in favor of the motion (4-0) and no Supervisor voting against the
motion.
Mr. Robertson presented a proposed Emergency Services
Coordinator's position description developed by staff for the .Board's
consideration.
.Supervisor Claud moved the. Board refer the proposed position
description developed by staff to the Fire and Rescue Association for their
input prior to advertising. The motion was adopted with Supervisors Cofer,
Bradby, Spady and Claud.. voting in favor of the motion (4-0) and no
Supervisor voting against the motion.
County Administrator Caskey presented a Resolution to Recognize the
Accomplishments of the Hardy Elementary School Odyssey of the Mind
Team for the Board's consideration.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS
OF THE HARDY ELEMENTARY SCHOOL
ODYSSEY OF THE MIND TEAM
WHEREAS, Odyssey of the Mind is an academic competition wherein
students use creativity and innovation to solve problems; and,
.WHEREAS, on May 1, .1999, the Odyssey of the Mind team at Hardy
Elementary School won the Division 1, "O My Faire Shakespeare"
competition at the .Virginia State Finals held at Virginia Commonwealth
University in Richmond; and,
WHEREAS, the Hardy Elementary. School Odyssey of the Mind Team
earns the opportunity to compete in the 1999 Odyssey of the Mind World
Finals at the University of Tennessee in Knoxville on May 26-29, 1999; and,
1
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WHEREAS, the Board of Supervisors wishes to recognize. the efforts
of the Hardy Elementary School Odyssey of the Mind Team.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight recognizes and
congratulates the Odyssey of the Mind Team at Hardy Elementary School
for earning the honor of representing Isle of Wight County .and the
Commonwealth of Virginia at the 1999 Odyssey of the Mind World Finals.
The motion .was adopted unanimously (4-0).
Supervisor Cofer further moved that the Board authorize expenditures
in the amount of $2,800 from the contingency fund to be forwarded to Hardy
Elementary School for the Odyssey of the Mind Team. The motion was
adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of
the motion (4-0) and no .Supervisor voting against the motion.
Debbie Sivertson briefed the Board on the current status of the Y2K
program.
Mr. Robertson briefed the Board on the status of the Carrollton Public
Library. He noted he met with the architect .who is continuing to provide
him with additional information on the parking area regarding the issues
with the soil
//
At 4:00 p.m., Chairman Spady noted the work session with the
County's Fire and Rescue Association would begin regarding the proposal
for paid fire and rescue personnel.
Mr. Robertson stated the Fire and Rescue Association does not
recommend the proposal for paid fire and rescue personnel to the Board with
the. provision that if those agencies that played a direct role in developing
the policy want to continue to pursue it they may do so and the full
Association will not stand in anyone's way.
Randolph Barlow, Assistant Chief, .Smithfield Volunteer Fire
Department, noted his Department is in favor of the proposal due to the need
for daytime paid personnel.
1
.Keith 3ones, Chief, Rushmere Volunteer Fire Department, spoke in
opposition. to the proposal stating he feels the proposal is geared to just three
(3) departments. He stated his Department was left out of discussions and
did not have an opportunity to comment on the proposal during its creation.
He stated his Department is now starting to run EMS calls and he agrees that
the County must look at the area of paid personnel.
16
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Supervisor Cofer stated Rushmere Volunteer Fire Department should
not be making EMS calls as this is under a franchise' licensed agreement.
Supervisor Cofer stated this could place the County in a liability siraation.
Chief Jones explained that the Rushmere Volunteer Fire Department
does what it can to set up for the Isle of Wight Rescue Squad under a mutual
aid type situation. Chief Jones .stated his Department is only helping out at
this juncture.
Chairman Spady explained to Chief Jones that if the Rushmere
Volunteer Fire Department, is answering emergency calls, but the
Department has not been licensed or franchised to make these .calls, his
Department could be held liable, as well as.the County.
Chief Jones stated he intends to take the necessary steps to obtain a
license to help out in this area. Chief Jones stated his Department's goal is
to help out in needed areas.
Supervisor Bradby noted that the Rushmere Volunteer Fire
Department does whatever is done only by request of the Isle of Wight
Rescue Squad.
Rudolph Jefferson, Assistant Chief, Rushmere Volunteer Fire
Department,. noted that when his Department is paged out for an EMS call,
his Department -.does not respond as an EMS agency because they know they
are not licensed. His Department responds to help do anything they are
qualif ed to do. Assistant Chief Jefferson stated his Department intends to
work towards certification for EMS, however, there are other priorities that
need addressing first. He stated his Department is not in opposition to the
proposal, .however, there are gray areas in the proposal that if all parties
come together, can be resolved.
Chairman Spady asked Assistant Chief Jefferson if the Rushmere
Volunteer Fire Department has identified these gray areas to the Fire and
Rescue Association.
Assistant Chief Jefferson replied "no".
Chairman Spady suggested Donald Robertson be notified of these gray
areas so that these matters can be addressed at the next Fire and Rescue
Association meeting.
Scott. Brower, Assistant Chief, Carrollton Volunteer Fire Department,
stated .response times to emergencies can, at times, be at an unacceptable
level because they do not. have a good core of daytime volunteers and a
quick response can no longer be guaranteed. He stated the. initial original
purpose of the Fire and Rescue Association was to bring all volunteers under
the same insurance policy and that has yet been accomplished. He stated he
1
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1
does not feel that a proposal can be formulated that will be accepted by all
volunteer organizations. He stated the Board has in front of it a proposal
that does benefit the entire county and it is not geared towards only three (3)
organizations. Mr. Brower stated if the proposal is returned to the Fire and
Rescue Association, he does not feel a plan that is agreeable with all seven
(7) volunteer organizations can be formulated, not in a timely manner.
Bill Sizemore, Captain, Windsor Volunteer Rescue Squad, noted he is
not opposed to paid personnel, however, he is opposed to not researching
the matter further and reviewing it more thoroughly that has been done.
Captain Sizemore stated the Squad was nov a participant in the creation of
the proposal and there are numerous things in the proposal. he would like to
be addressed.
Chairman Spady asked .Captain Sizemore to provide Mr. Robertson
with a list of his concerns, as well as suggested changes so that the majority
of the volunteer organizations are in agreement with the proposal
Brian Carroll, President, Isle. of Wight Volunteer Rescue Squad, stated
he believes the proposal will benefit the three (3) organizations, as written,
and he sees nothing wrong with the organizations not included .requesting.
funding for paid people if it is justifiable by the organization.
1
Jane Griffin, President, Windsor Volunteer Rescue Squad stated her
problem with the proposal itself is that these would not be County
employees and would be hired by the individual agencies which would take
the control away from-the County where the money is being spent. She
stated the proposal does not address the fact that these people .would be
pulling from the volunteer pool and nowhere in the proposal does it state
that volunteers would not be used as paid people. If a volunteer is used, this
individual can charge the County for volunteer. time, leaving a loophole in
the proposal. President Griffin asked who would determine the hiring
committee as proposed and who would determine what the needs .would be
on a day-to-day basis? She asked how the County would keep people from
working more than 32 hours a week and who would keep the time and taxes
for these individuals? She stated these questions are not addressed in the
proposal. She stressed the County should first take slow steps to get to
where it needs to be and at this time, the steps have not been taken o justify
paid people. She stated if the County does not have the base to pay all
volunteers at some point, the. County's volunteers will dwindle and the
County will be left with only a paid system. She stated she does not believe
the County is ready to make this. commitment. She stated the proposal must
be a proposal that all agencies can support. She stated she advocates that an
EMS Coordinator be appointed which could be a liaison and this .person
should be allowed atleast ninety (90) days to evaluate the proposal. before
any action is taken to implement the proposal
18
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Supervisor Claud noted he received a letter from Kevin Duck,
President, Carrsville Volunteer .Fire Department, which states he believes
the County should first look to developing an Emergency Services
Coordinator position whose primary duty would be to implement a
recruitment retention program for. volunteers. President Duck further stated
if it is the opinion of the Coordinator that there are. agencies that need
staffing, the County would then hire personnel to fill those needs. President
Duck continued personnel will be County employees supervised from an
administrative standpoint by the Coordinator and supervised in their
capacity as fire fighter and EMS providers of the agency director they work
for.. Mr. Claud stated that President Duck writes that the majority was not
apposed to paid staffing, the majority is just not in favor of the plan
presented at this time.
Chairman Spady thanked the organizations for being present today and.
stated he hoped a solution. could be found to satisfy at least 90% of the
volunteers. Chairman Spady stated he felt the Coordinator, when hired,
could solve some of the problems down the road instead of having it come
up at this late date.
Supervisor Cofer stated he agreed with the creation of a Coordinator
position and .asked how quickly volunteers could be trained. Supervisor.
Cofer stated even with the hiring of a Coordinator, he :could see another
year.
Brian Carroll stated how quickly volunteers could be trained depends
on a particular volunteer's .qualifications, but if it is zero, this person must
be trained in vehicle operations,. which can be done in a weekend, and be on
an ambulance upon completion of CPR as soon as the volunteer is accepted. .
If it is EMT, this. can be accomplished in as little as a week or as long as six
(b) months. Mr. Carroll stated to be on the ambulance, the volunteer must
first .perform certain things before they are released to drive or help in the
back of the ambulance. Mr. Carroll stated his Department did not feel like it '
could wait a year and they are not in favor of hiring a Coordinator before
someone is hired to fill in these. gaps and cover these calls. He stated his
Department from a rescue point feels like money would be better spent
hiring these part-time people than a Coordinator. He stated the Board could
look at alternatives to funding, i.e., fee for service agencies.
Supervisor Claud stated he believes that first response is an item that 3
the County must determine if it can afford. He stated the Board must decide
what level of service it .wants and what can it afford. He stated that before
any agency moves any further into first response, that the Board have the
opportunity to evaluate any long-term effects financially to the County. He
stated he wants the departments to have what they need, but that .everything
will relate back to how fast the numbers are increasing in calls..
19
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aon~. ~g ;~...:,~,~~
Supervisor Bradby noted it is very important to him the .question of
what effect~paid personnel will have. on the volunteers. He noted he would
like the individual departments to discuss this and contact him .regarding
their feelings.
1
Scott Brower noted that the Carrollton Volunteer Fire Department
wants paid personnel.
Brian Carroll stated the proposal has been endorsed by the Board of
Directors and the membership of the Isle of Wight Rescue Squad. He stated
he feels that under the job description guidelines will be established as ~ to
how volunteers will interact with paid personnel on calls.
Supervisor Cofer requested all departments to submit in writing their
individual concerns to Mr. Robertson and that these be forwarded to the
Board before its budget work session.
//
Chairman Spady called for Old Business.
County Administrator Caskey distributed a late item concerning the
taping of Board meetings. Responsive to the Board's earlier request, he
distributed procedures to facilitate the tape recording of Board meetings as it
relates to their availability to the public for the Board's consideration.
County Attorney Crook advised he has reviewed the Bill adopted by
the General Assembly. He stated previously under the Freedom. of
Information Act, tape recordings, by Attorney General's opinion and
subsequently by court decision, are not public documents and not required
to be provided to the public under the Freedom of Information Act. The
General Assembly has amended the Freedom of Information Act to say that
the tapes of meetings will be made available to the public. If the Board
chooses to continue taping its meetings, he would like to .prepare an
appropriate resolution establishing a policy because it is important that the
minutes of the meetings remain the official record of the meetings.
Supervisor Cofer suggested that the second paragraph under procedure
#4, as outlined by the. County Administrator, be deleted and that interested
persons wishing to listen to the tapes would do so in a designated location at
the Courthouse during normal working hours.
1
Supervisor Claud moved the Board direct the County Attorney to
prepare an appropriate resolution regarding the Board meeting tapes
following procedures # 1-5 (deleting the second paragraph under #4) as
outlined in the Board Report. The length of time to store said tapes will be
for a period of one year. The tapes will be made available the second
business day following a Board meeting. Said tapes are not to be taken off
20
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the Courthouse property and shall be listened to in a designated area. The
motion was adopted with Supervisors Cofer, Bradby; Spady and Claud
voting in favor of the motion (4-0) and no Supervisor voting against the
motion.
//
Chairman Spady called for New Business.
There was no new business offered for discussion by the Board.
//
Chairman Spady called for Appointments.
Supervisor Bradby moved the Board reappoint Roger L. Ealy,
representing the Hardy District, for an additional four year term on the
Historical Architectural Advisory Committee. His term -will expire in
January of 2003.. The motion was adopted unanimously (4-0).
//
Chairman Spady called for the County Attorney's report.
County Attorney Crook stated he met with the Director of Public
Works and Michael Uzzell regarding his request to remove metal from
County dumpsters. County Attorney Crook warned that if the Board opens
the door to this request, it must also honor other. such. requests.. County
Attorney Crook .stated the Director of Public Works is opposed to the
request and he does not believe it is a good idea either.
Michael Uzzell stated he intended to remove only .metal from the
ground surrounding the dumpsters. He assured the Board that he would not
be climbing into the dumpsters and removing. any metal. Mr. Uzzell stated
the law does ;not pertain to what he is requesting to do.
Chairman Spady moved the Board table consideration of Mr. Uzzell's
request until the Board's June 3, 1999 meeting and directed the County
Attorney to forward to the Board a copy of the applicable ordinance for their
review. The attendance of the Director of Public Works is requested at the
meeting. The motion was adopted with Supervisors Cofer, Bradby, Spady
and Claud. voting in favor of the motion (4-0) and no Supervisor voting
against the motion.
County Attorney Crook stated the delinquent tax collection attorney
has provided him with a contract which extends the same contract he has
been under for the~last several .years. Each extension has been for two (2)
1
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years and the .contract has not changed in any respect and the results have
been good.
Supervisor Cofer moved the Board approve the extension of the
delinquent tax collection attorney's contract for atwo-year period. The
motion was adopted with Supervisors Cofer, Bradby, Spady and Claud
voting in favor of the motion (4-0) and no Supervisor voting against the
motion.
County Attorney Crook stated _he has prepared the public notice
publication for the Windsor annexation agreement. for the Board's meeting
in May. He stated when he originally roughed out the agreement he left
spaces- for the .detailed description to be filled. in by the Town of Windsor
which was not filled in. He stated he has requested of the Town Attorney
this be filled out prior to any Board action. and that upon the detailed
description being included in the agreement he would present same to the
Board for its review.
County Attorney Crook stated -the farm lease for the Central Park
property has been reviewed with the farm tenant who has agreed to the lease
agreement and signed same. He stated he recommends it to the Board with
an adjustment in the amount .because of the .lack of crop allotments. The
amount is $54 per acre and $2,500 for the forty-six (46) acres.
Supervisor Cofer moved the Board approve the lease on the Central
Park cropland acreage. The motion was adopted with Supervisors. Cofer,
Bradby, Spady and. Claud voting in favor of the motion (4-0) and no
Supervisor voting against the motion.
County Attorney Crook presented the lease agreement for the Nike
Park property.-which he stated is a renewal at $50.00 per. acre which he
recommends the Board approve. ..
Chairman Spady asked if the government has the authority to take
back the property at Nike Park if needed for defense purposes.
County Attorney Crook offered to review the lease for Nike Park and
report back to the Board on Chairman Spady's question.
~I,
Supervisor Cofer moved the Board approve the lease at $50.00 per
acre and directed the County Attorney to provide the Board with copies of
the existing lease. The motion was adopted with Supervisors Cofer,. Bradby,
Spady and Claud voting in favor of the motion (4-0) and no Supervisor
voting against the motion.
County Attorney .Crook stated. Primeco has advised it is no longer
interested in the radio tower with the County, however, Sprint is now
interested and- he has. forwarded an agreement for them to review. County
22
Attorney Crook stated he should have something for the Board soon in this
regard. •
//
County Attorney Crook requested an executive session under Section
2.1.344 Al of the Freedom of Information Act concerning a personnel
matter and under .Section 2.1-344 A3 concerning consultation with stafF and
counsel on acquisition and/or use of public property for public uses.
Lynn Harris requested an executive session• under Section 2.1-344 A7
of the Freedom of Information Act for legal matters requiring advice of
counsel;. under Section 2.1-344 A3 concerning consultation with staff on
acquisition and/or use of public property for public uses; .and, under Section
2.1-344 A3 for advice of counsel concerning the sale of property for public
use.
County Administrator Caskey requested an executive session under
Section 2,1-344 A 1 .concerning two (2) personnel matters and under Section
2.1-344 A3 for advice of counsel concerning acquisition and/or use of public
property for public uses.
Chairman Spady moved the Board enter executive session for the
reasons stated. The motion was adopted unanimously (4-0).
Upon returning to open session, 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, 2.1-344.1 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 IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the executive meeting were. heard,. discussed or
considered by the Board of Supervisors.
VOTE
23
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AYES: 4
NAYS: 0
II
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors Cofer, Bradby, Spady and
Claud voting in favor of the motion (4-0) and no Supervisor voting against the
motion.
//
Supervisor Claud moved the Board authorize staff to apply for grants
for industrial access funds. The motion was adopted with Supervisors
Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no
Supervisor voting against the motion.
1
Supervisor Cofer moved the Board authorize overtime pay in lieu of
comp time hours for County employees with funds coming from the fund
balance. The motion was adopted with Supervisors Cofer, Bradby, Spady
and Claud voting in .favor of the motion (4-0) and no Supervisor voting
against the motion;
Supervisor Claud moved the Board authorize the Director of
Economic Development to proceed with grant application to extend the
water lines on Route 258. The motion was adopted with Supervisors Cofer,
Bradby, Spady and Claud voting in favor of the motion (4-0) and no
Supervisor voting against the motion.
//
County Administrator Caskey requested the Board give him direction
if they still wished to have a work session with the School Board to discuss
the CIP.
1
Chairman Spady stated Supervisor Bradshaw was dissatisfied with the
plan submitted by the School Board, but the School Board has changed their
plan and decided to look at the old school to determine if it cart be
renovated. Chairman Spady stated .the facts have changed and he does not
want to be in a position of telling the School Board what he thinks their
Capital Improvement Plan should be and he believes they. should develop
their plan and ask the Board for funding. and if the Board does not agree
with their plan the Board can make a suggestion to them at that time.
Supervisor Cofer stated he did not see that a joint meeting at this time
would accomplish anything.
24
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// '
At 6:3$ p.m., Supervisor Cofer moved the Board adjourn. The motion
was adopted unanimously (4-0).
~;
~l. A. Spady, Chairman