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07-01-1999 Regular Meetingaoo~ 18 r:,~526 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY $OARD OF SUPERVISORS HELD THE FIRST DAY OF JULY 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. and delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Spady noted the need to defer the Special Presentations to later. in the meeting.. // Chairman Spady indicated the following Consent Agenda included Items 2, A through C, and asked if there were any items for removal: A. Budget Issues Information/State Board of Elections B. June 3, 1999 Regular :Meeting Minutes C. June 10, 1999 Continued Meeting Minutes Supervisor Cofer moved the Board adopt ail items of the Consent Agenda. .The motion was adopted with Supervisors Cofer, :Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // ChairmarrSpady called for Transportation Matters. The .Director of Planning and Zoning notified the Board that a letter dated June 22, 1999 from the VDOT Resident Engineer has been received i 1 1 1 5(l~h .1V ~r~: ~~ 1 conveying the minutes of the April 26, 1999 meeting between County staff and the VDOT Suffolk District and Residency staff. Supervisor Bradby .requested the Director of Planning and Zoning follow-up on a request presented to him for ditching on Route 650. 1 Mr. Hartley presented a request for closure of Lakewood Court in the Edgewood Subdivision on August 21, l 999 for the purpose of holding a block party. Chairman Spady requested Mr. Hartley provide information relative'to this request to the Sheriff and other public safety units and that staff bring the matter back to the Board for its consideration. // Supervisor Cofer moved the Board amend the order of .the regular agenda in order to conduct the public hearing. The motion was adopted unanimously (4-0). // Chairman Spady called for a public hearing on the following: The application of The American Sportsman Family Campground to hold Music or Entertainment Festivals at the campground on the second and third Saturdays of the month. The. campground is on 50 acres of land located at 7651 Whispering Pines Trail, Windsor, in Hardy Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the .application. Charles Hope, owner of the American Family Sportsman Campground, requested the Board approve his application and answered questions of Board members concerning same. Chairman Spady closed the public hearing and called for comments from the Board. 1 Supervisor Bradby moved the Board approve the. application of The American Sportsman Family Campground. The motion was adopted -with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Chairman Spady called for Citizens Comments.. 2 aooK 1~ ~.~528 There were no comments offered for discussion by the Board. // Chairman Spady called for the Community Development report Mr. Hartley provided the Board with a status report regarding the revisions to the Comprehensive Plan. Mr. Hartley stated included is a draft agenda for the community forums to be held which are intended to get the public involved in the process. Chairman Spady suggested that the public briefing sessions be no longer than. two (2) hours. Mr. Hartley distributed a copy of the revised E-911 maps and requested any Board member interested in receiving a copy to contact his office. Chairman Spady noted a desire to receive a copy for his reference. // Supervisor Bradby moved the Board amend the order of the regular agenda in order to conduct the Special Presentations. The motion was adopted unanimously (4-0). // Chairman Spady called for Special Presentations. Chairman Spady presented Employee Service Awards to the following individuals: Marvin M. Pulley, Jr. -Five {S) Continuous Years Carey H. Mills -Ten (10) Continuous Years Kathy W. Robinson -Ten (10) Continuous Years .Shelley D. Garner -Fifteen { 1 S) Continuous Years .Judith B. Bowden -Fifteen (1S) Continuous Years Judith C. Wells -Fifteen (1 S) Continuous Years Janice A. Hardison -.Twenty-Five (2S) Continuous Years Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE AND CONGRATULATE FRANCES SCOTT ON HER RETIREMENT FROM EMPLOYMENT WHEREAS, Mrs. Frances Scott. has been a dedicated employee in many capacities with the Isle of Wight County Office on Youth; and, 1 1 3 eooK~ 18.~~~-52~ WHEREAS, Mrs. Scott has dedicated many hours of her personal time to serve the needs of youth in Isle of Wight County; and, WHEREAS, the Board of Supervisors appreciates the commitment of Mrs. Scott to the Office on Youth; and, WHEREAS, Mrs. Scott has tendered her resignation from employment effective June 30, 1999. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that. the Board of Supervisors of the County of Isle of Wight, Virginia .wishes to recognize and congratulate Mrs. Frances Scott on her retirement from employment. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud. voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Supervisor Claud moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chairman Spady called for the Public Utilities report. There was no report offered for discussion by the Board. // Chairman Spady called for the Economic Development report. There was no report offered for discussion by the Board. /I Chairman Spady called for the Parks and recreation report Alan S. Nogiec, Director of Parks and Recreation, presented a request of the Isle of Wight County Fair Committee to dedicate the 1999 Isle of Wight County Fair in memory of Joel C. Bradshaw, Jr. Supervisor Bradby moved the. Board approve the request of the Isle of Wight County Fair .Committee to dedicate the 1999 County Fair in memory of Joel Bradshaw. The motion was. adopted with Supervisors Cofer, Bradby,. 4 aooK 18.ti~~530 Spady and Claud voting in favor of the motion (4=0) and no Supervisors voting against the motion. Mr. Nogiec stated the Recreation Advisory Board .and the Fair Committee are suggesting that a representative of the Advisory Committee be appointed to the Fair Committee. Supervisor. Claud moved. the Board appoint the following individuals to-the Fair Committee: Allen Brown, Chairman Parks and Recreation Advisory Committee Jimmie Minton, replacing Mr. and Mrs. Larry Willis Vickie Archeri, replacing Ann .Hampton The motion was .adopted with- Supervisors, Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and. no Supervisors voting against the motion. Mr. Nogiec stated .alternatives have been discussed with the Sheriff regarding .traffic control during the County Fair. He stated the Sheriff is proposing that the bank be dressed up along Courthouse Highway to be used as an entrance for traffic coming from Smithfield. He stated he will be contacting VDOT to seek their input on the proposed entrance. Chairman Spady requested staff work with VDOT for the installation of a second usable entrance. The motion was adopted with Supervisors, Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against. the motion. Red arding events to honor George Washington on the 200`h anniversai;~ of his death, Mr. Nogiec stated the Curator for the Isle of Wight Museum is in the process of verifying if President Washington spent the night in Smithfield on his way from the Dismal Swamp to Williamsburg. Mr. Nogiec noted that the Museum will present a display on President Washington and also suggested the Board authorize staff to purchase an ornamental cherry tree for planting in the Memorial Gardens with a plaque recognizing. President Washington. Chairman Spady moved the Board authorize. staff to purchase an ornamental cherry tree for planting in the Memorial Gardens. The motion was adopted with Supervisors, Cofer, Bradby, Spady .and Claud voting in favor of the motion (4-0}and no Supervisors voting against the motion. // Chairman Spady called for the County Administrator's report. 1 1 5 eo~K 18.~:~531 1 County Administrator Caskey presented a request for funding from the Southside Mariners AAU Baseball Team. Jay Urquhart requested the Board donate funding to offset a portion of the costs to send their players to the 1999 .National Championship Tournament in Tulsa, Oklahoma in late July/August. Supervisor .Claud moved the Board approve the .request of the Southside Mariners AAU Baseball Team. and appropriate $S00 from the Contingency Fund to offset a portion of the costs to send their players to the 1999 National Championship Tournament in Tulsa, Oklahoma in late July/August. The motion was adopted with Supervisors, Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Chairman Spady requested staff to provide guidelines/criteria for similar requests for athletic contributions to the Board for its consideration. County Administrator Caskey presented a request received from the Isle of Wight County. Management Team that the Board consider sharing its concern with allocation reductions in view of the steadily increasing cost of services and treatment to affected children with the County's local legislative delegation. 1 Chairman Spady requested .stag correspond with the appropriate agency and carbon copy the County's legislative delegation,. as well as VACo. Supervisor Cofer moved the Board adopt the following resolution.: RESOLUTION TO SUBMIT THE APPLICATION FOR LITTER PREVENTION AND RECYCLING GRANT PROGRAM FUNDS AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of a grant application requesting funds from the Commonwealth of Virginia, Department of Environmental Quality;. and, 1 WHEREAS, the funds. in the amount of seven thousand one hundred forty-four dollars ($7,144) from the Virginia Department of Environmental Quality need to be accepted and appropriated to the Litter Control and Recycling Program line item in the FY1999-2000 budget of the County of Isle of Wight, Virginia. 6 BOQM 1S .„.-5~~ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that funds in the amount of seven thousand one .hundred forty-four dollars ($7,144). or as much as shall. be received from the Commonwealth of Virginia Department of Environmental Quality be appropriated to the Litter Control and Recycling Program line item in the 1.999-2000 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 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 Supervisors voting against the motion.. County Administrator Caskey presented a request by the Town of Windsor to close a section of Duke Street for the July 4`" celebration. Supervisor Claud moved the Board authorize the closure of a section of Duke Street in accordance with .the request directed to VDOT by the Town of Windsor. The motion was adopted with Supervisors, Cofer, Bradby, Spady and Claud voting in favor of the. motion (4-0) and no Supervisors voting against the motion. County Administrator Caskey.. discussed with the Board information pertaining to the Community Development Block Grant/Economic Development Open Submission for the Southern Development Water System for Franklin .Equipment Company. County Administrator Caskey stated it is recommended the Board transfer the sum of $2,222.71 from the Contingency Fund to cover the remaining related costs. Supervisor. Cofer moved the. Board authorize $2,222.71 to be transferred from the Contingency Fund to cover related costs. The motion was adopted with Supervisors, Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Chairman Spady requested the matter be referred to the County Attorney for his review of the agreement. County Administrator Caskey presented a request from VACo that each County contribute funding in` the amount of its pro. rata share of the total expense for contract negotiations regarding electric service rates paid by local governments. Supervisor Claud moved the Board authorize payment in the amount of $1,457 by the County for its pro rata share of expenses for the VACo EPR Fund. The motion was adopted with Supervisors, Cofer, Bradby, Spady and 1 7 eo~~~ 18 ~~-533 Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 1 County Administrator Caskey presented for the Board's consideration the low bid from Southern States Tidewater Petroleum Cooperative, Inc. for gas and diesel fuel services that was solicited by the County's school division and County government. County Attorney Crook explained that the bid from Southern States Tidewater Petroleum Cooperative, Inc. was not the low bid initially, but the bid over the course. of the year is based on a mark-up and their mark-up was lower than the next bidder which would make it the low bid and the lowest bid in the long run. Supervisor Bradby moved the Board accept the bid from Southern States Tidewater Petroleum Cooperative, Inc. for fuel services. The motion was adopted with Supervisors, Cofer, Bradby, Spady .and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 1 Donald T. Robertson, Assistant to the County Administrator/Director of Human. Resources, presented a Resolution to .Amend the Worker's Compensation Policy. in the "Personnel Policies and Procedures Manual for the Board's consideration. I-Ie stated the policy was changed primarily to make it consistent with the .provisions .and policies of the County's insurance carrier and make some minor adjustments that will allow staff to better process some claims that come through the Workers Compensation process. County Attorney Crook distributed a revised resolution to reflect that the proposed Workers Compensation Policy is incorporated in the resolution and is an amendment. Supervisor Cofer moved the Board adopt the revised resolution, as submitted by the County Attorney, and that the Personnel. Policy be amended: RESOLUTION TO AMEND THE WORKER'S COMPENSATION POLICY IN THE PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the Isle of Wight County Personnel Policies and Procedures Manual addresses the County's policies and procedures regarding worker's compensation benefits; and, 1 WHEREAS, Section 6.6 of said Personnel Policies and Procedures Manual needs to be amended to reflect needed revisions to the .policies and procedures regarding worker's compensation; 8 9o~K ~8 ~:.:-534 NOW, THEREFORE, BE IT AND IT TS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia adopts the amendment to the worker's compensation policy in the County's Personnel Policies and Procedures Manual. The motion was adopted with Supervisors, Cofer, Bradby, Spady and Claud voting in favor of the. motion (4-0) and no Supervisors voting against the motion. County Administrator Casket' provided for- the Board's viewing a cassette tape video entitled "The Future of Transportation in Hampton Roads" (Part III). Supervisor Claud noted there is a scheduled work session next week by the Metropolitan Flanning Organization (MPO) for all localities to establish priorities and ways for financing. County Administrator Casket' provided the Board. with an update on the Tylers Beach Boat .Harbor pertaining to .the existing bulkhead which is deteriorating .and the accumulation of trash over the weekends: He stated that representatives from the Virginia Department. of Conservation and Recreation recommended that the bulkhead be removed and reestablish the shoreline which would. create the opportunity for greater grant funding. He stated with this grant money a deck could be constructed that will enable. the fishermen to continue what they are doing at this location. He stated he is awaiting a reply from the representatives with the Virginia Department of Conservation and Recreation as to a more precise recommendation on what the County should consider doing and what their procedures are for applying for grants. He stated staff' would continue to make inquiries of other agencies in terms of funding. Regarding the issue of trash and debris, Mr. Casket' stated he .spoke with the Director of Public Works and .Nelson Moody,. Ivloody's Sanitation, which is currently serving this area. He stated he is proposing that approximately five (5) containers be strategically located at the site and picked up by Moody Sanitation Company which can be funded under the County's litter grant. Supervisor Cofer moved the. Board. authorize staff to negotiate with Moody .Sanitation Company to provide trash service at the Tyler's Beach Boat Harbor and to continue to work .with the Department of Conservation and Recreation. The motion was .adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and. no Supervisors voting against the motion. County Administrator Casket' notified the Board that USDA personnel has advised that it would be vacating .the office located in the Social Services building on August 20, 1.999. Chairman Spady moved the Board authorize staff to expend an amount of funds left over from last year from the unappropriated fund .balance and proceed with renovation to the offices in the Social Services building. The 9 soon 18 ~.-:~535 motion was, adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting .against the motion. County Administrator Caskey distributed to the Board .Freedom of Information (FOI) training material with the request that interested Board members contact his office. County Administrator Caskey requested interested Board members contact his office regarding registration for the VACo Annual Conference. // Chairman Spady called .for Old Business. There was no old business offered for discussion by the Board. // Chairman Spady called for New Business. Chairman Spady also addressed the Board on the FOI seminar on July 28, 1999 at the Tidewater Community College. He noted the keynote speaker is John Edwards. // Chairman. Spady called for Appointments. There were no nominations for appointment by the Board offered. // Chairman Spady called for the County Attorney's report.. County Attorney Crook .noted he is in the process of closing` the property transaction for the water tower in Bartlett. He requested the Board approve the closing of this transaction, accept the deed and authorize the Chairman to sign the deed on behalf of the County for 1.160 acres on Brewers Neck Boulevard at $1.5,000 per. acre. Supervisor Claud moved the Board proceed as recommended by the County Attorney to approve the closing of the transaction, accept the deed and authorize the Chairman to sign same for 1.160 acres of land at $15,000 per acre. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. l0 // so~K ~8 -:.:-53f County Attorney Crook requested an executive .session under Section 21-344 A3 of the Freedom of Information Act concerning three (3) matters involving the advice of counsel and/or staff concerning acquisition of property for public purposes; under Section 2.1-344 A7 concerning one (1) matter involving potential litigation; and, under. Section 2.1-344 Al concerning a personnel matter. County Administrator Casket' requested an, executive session under Section 2.1-344 A 1 .concerning interviews of potential vendors for telecommunications service. Mr. Rountree requested an executive session under Section 2.1-344 A7 concerning potential litigation. Supervisor Cofer moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (4-0). -Upon returning to open session, Supervisor Claud 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 AYES: (Cofer, Bradby, Spady and Claud) NAYS: 0 ABSENT DURING VOTE: 0 ~i 11 C ABSENT DURING MEETING: Bradshaw The motion was adopted with Supervisors .Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Cofer moved that stag' and the County Attorney negotiate with the #2 presenter on the RFP for communications service. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Cofer moved the Board authorize, under the emergency provisions of the Procurement Act, that the Director of Public Utilities and- staff proceed with the consultant to design the sewage pump station. .The motion was adopted with Supervisors Cofer, Bradby, Spady .and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // At 5:10 p.m., Supervisor Cofer moved the Board adjourn.. The motion was adopted unanimously (4-0). 1 LJ --~~ O.A.S ~ y,Ch ' n- 12