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.
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Chairman Spady noted the need to defer the Special Presentations to
later. in the meeting..
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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.
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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
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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.
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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.
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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).
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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.
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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.
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Chairman Spady called for Citizens Comments..
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There were no comments offered for discussion by the Board.
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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.
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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).
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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,
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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.
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Supervisor Claud 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 Public Utilities report.
There was no report offered for discussion by the Board.
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Chairman Spady called for the Economic Development report.
There was no report offered for discussion by the Board.
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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,.
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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.
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Chairman Spady called for the County Administrator's report.
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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.
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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,
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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.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight 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
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Claud voting in favor of the motion (4-0) and no Supervisors voting against
the motion.
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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.
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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,
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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;
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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
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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.
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Chairman Spady called .for Old Business.
There was no old business offered for discussion by the Board.
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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.
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Chairman. Spady called for Appointments.
There were no nominations for appointment by the Board offered.
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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.
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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
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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.
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At 5:10 p.m., Supervisor Cofer moved the Board adjourn.. The motion
was adopted unanimously (4-0).
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