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10-07-1999 Regular Meeting1 90Qd 18 -..:`U~~1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD TI-IE SEVENTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT: O. A, Spady, Chairman Malcolm T. Cofer, Vice-Chairman Henry H. Bradby Phillip A. Bradshaw Robert C. Claud, Sr. Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Spady called the meeting to order at 2:00 p.m. Supervisor Bradby delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Spady indicated the following Consent Agenda included Items 1, A and B, and asked if there were any items for removal August 31, 1999 Continued Meeting Minutes September 2, 1999 Regular Meeting Minutes Supervisor Cofer mo~~ed the. Board adopt all items of the Consent Agenda. The motion «-as adopted with Supervisors Cofer, Bradby, Spady and Claud ~-oting in favor of the motion (4-0) and no Supervisors voting.. against the motion. (Supervisor Bradshaw was not present for the vote.) // Chairman Spade called far Transportation Matters. Jonathan ~~'. Hartleti~, Director of Planning and Zoning, distributed. a s'~?.man' of the minutes of the Location and Design Public Hearing on the Route 250 Connector Proje~;t. Supe~~isor Cofer requested 1"vfr. Bartley take appropriate action to begin t'r-re prociss of hati~ing a "Schc}ol I3us Stop Ahead" sign installed on Central I~ i lI Road. 9o~K 1~ -~ 620 Supervisor Bradby noted that Hurricane Floyd had damaged the permanent bridge at .the Sunry/Isle of Wight County line and VDOT had installed. a temporary bridge in its place: He inquired as to the safety of this temporary bridge. Mr. Hartley noted he .would direct Supervisor Bradby's inquiry regarding safety. of the temporary bridge to the VDOT Resident Engineer, as he did not know the tonnage ratings for these temporary bridges. Supervisor Bradshaw requested Mr. Hartley contact him to set up another meeting with the Resident Engineer: // Chairman Spady called for Citizens Comments. Grace Keen expressed her concern over the unavailability of an ambulance due to a lack of volunteer drivers. during a recent illness of her son. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, briefed Mrs. Keen and the :Board on the status of hiring individuals forthe paid rescue squad positions. He noted a meeting is scheduled for next week to review the applications, but the hours of duty for paid personnel would. probably be between 8:00 a.m. and 5:00 p.m. He noted that emergencies that occur before and after these times would still be dependent upon the. volunteer system. Bob Hayes requested the Board's support in having Echo .Lake repaired and permanently restored so that the lake and .surrounding wetlands are restored as closely. as possible to pre-storm conditions. Mr. -Hayes presented the Board with a petition containing seventy (70) names infavor of restoring the lake. Chairman Spady suggested that Mr. Hayes also contact his General Assembly representatives to request assistance at the State level. // Chairman Spady called for the Community Development report. Mr. Hartley presented the Eagle Harbor Access Management Plan to the Board for its consideration. He noted the Planning Commission .discussed the Plan and arrived at the following two (2) conclusions:. 1) there is the need that the parcels. west of Route 17 be :connected internally and 2) there is a need for pedestrian access not only within each of the major blocks but. also across Route 17 and Smith's Neck .Road. Mr. Hartley stated the 2 ~~~~ ~ 1~~ -.,::621 Planning Commission recommended (9-0) that the Board approve the Access Management Plan. Chairman Spady- and Supervisor Cofer requested Dean Vincent, Kimley-Horn & Associates, to eliminate, if possible, one (1) of the proposed traffic lights along Route 17 as there will be approximately. four (4) stop lights within a 1.5 mile distance. Mr. Vincent noted these signal lights are in the proffers and are a requirement of the development. He stated the signal lights would be interconnected from a timing sequence standpoint.. He also stated a Master Sewer Plan had been filed with the County, .along with the Access Management Plan and Stormwater Quality Plan for the entire development. He stated plans are in the process to bring the water main from the Route 32 to the Route 258 intersection to the property and he anticipates beginning :the offsite work the first of January, 2000. Supervisor Bradshaw expressed a concern with traffic congestion in this area and noted that he does not know how it can be predicted that the traffic flow will not be interrupted. Supervisor Cofer moved the Board approve the Access Management Plan provided the concerns are addressed that the parcels on the west side of Route 17 would be connected without using Route 17 and that pedestrian access would be provided across Route 17 from each side. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley presented the Preliminary Plat and the Water Quality Impact Assessment of Ashby Subdivision, Section II, Route 17, Carrollton Boulevard, Newport Magisterial District for the Board's consideration. Mitchell Wilcox, Commomvealth Engineering Group, stated the development is in its last phase. He stated he is seeking a waiver on the length of the cul-de-sac because there is no other way to connect into this piece of land. Supervisor Cofer noted if the Board approves this design proposal, the County will be allowing all thirty-four (34) lots at the fifty (50) foot setback (from the Resource Protection Area). Supervisor Claud moved the Board approve .the Water Quality Impact. Assessment. The motion was adopted (3-2) with Supervisors Bradby, Spady and Claud voting in favor of the motion and Supervisors Cofer and Bradshaw voting against the motion. Supervisor Cofer moved the Board approve the waiver requested on the length of the cul-de-sac street and the existing road widths. The motion 3 9o~h 18 r;:~-6~2 was adopted (4=1) with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion. and Supervisor Bradshaw voting against the motion. Chairman Spady moved the Board approve the preliminary plat with corrections to be made as referenced by staff. The motion was adopted (4-1) with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion. H Chairman Spady called for the Public Utilities report. There was no Public Utilities report presented. // Chairman Spady called for the Economic Development report. There was no Economic Development report presented. // Chairman Spady called for the Parks and Recreation report. There was no Parks and Recreation. report presented. // Chairman Spady called for the County Administrator's report. County Administrator Casket' provided the Board a status report on sheltering operations and activities and the financial impact incurred during Hurricane Floyd Mr. Casket' stated for the Board's review is additional information regarding sheltering at .the two (2) County shelters from the Director of Social Services, reports on damage assessment of agricultural crop damage in the amount of $6,015,000,. information from the Superintendent of Inspections noting an assessed value of property damage, a memorandum from the Director of Public Utilities providing the Board with a highlight of infrastructure .damage relative to water and sewer systems, an update on roads affected by .the hurricane. by the Director of Planning and Zoning, information provided by the Director of Parks and Recreation relative to various County-owned recreational facilities indicating a total of $54,960 in estimated damages, information provided by the Director. of Budget and Finance regarding damages to County property and information generated by the Director of Social Services regarding aspects of disaster relief. 4 BQ~it 1J -,::~~23 Mr. Hartley noted he has received notification from VDOT that Holly Run Road and Joyners Bridge Road are now open for traffic.. 1 Mr. Robertson briefed the Board on the current status of the :radio communications equipment. He stated the County's communications equipment was affected by an electrical storm that occurred in late July. He stated staff filed .the necessary claims with the insurance carriers and contacted various vendors to obtain cost information. He stated the equipment was ordered in August and that Commercial Radio. had. advised that it would take approximately ten (10) days to receive the. equipment, however, staff was advised this past week that the .equipment had just been received. He stated .technicians have installed the new equipment and determined that there were electrical problems, as well as problems with the telephone line and, as of this morning, technicians have been working to resolve these two (2) remaining issues. He stated the piece of equipment that was damaged was a 100 watt unit, but a 45 watt replacement unit has been installed which had hampered operations somewhat because it is not up to the same standards as the original unit. Chairman Spady and Supervisor Claud requested Mr. Robertson make daily contact with Commercial Radio until the matter is resolved and advise the Board when the appropriate repairs are completed. County Administrator Caskey stated .the County's Extension Agent, Robert Goerger, has requested that the Board defer consideration of the Resolution to Request the Governor Declare Isle of Wight County an Agricultural Disaster Area until a future meeting so that a better assessment of the damage can be determined. County Administrator Caskey presented a request for tax. abatement for prorated tax relief from a County resident whose home .and. personal properly were severely damaged during. Hurricane Floyd. County Attorney Crook stated he was not prepared to address the request at this time as he has not been provided sufficient time to review the request. Supervisor Claud moved. the Board direct the County Attorney and staff to pursue what the County's options may be and. provide the Board with a recommendation. The motion. was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 County Administrator Caskey. presented the proposed Capital Improvements Budget (CIP) - FY2000-2004 and the Capital Projects Budget - FY 1999-2000. He stated staff is recommending the Board proceed to authorize staff to advertise these two (2) documents for public hearing at the Board's October 21, 1999 regular meeting. 5 eo~a 18 >~r624 Supervisor Claud moved the Board authorize the advertisement of the FY2000-2004 CIP and the FY99-00 Capital Budget for public hearing at the Board's October 21, 1999 meeting. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud. voting in favor of the. motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY THREE THOUSAND NINE HUNDRED SIXTY EIGHT DOLLARS FROM THE UNITED STATES DEPARTMENT OF EDUCATION WHEREAS, the School Board of the County of Isle of Wight has received grant funds. from the United States Department of Education for various grant projects; and, WHEREAS, funds in the amount of fifty three thousand nine hundred sixty eight dollars ($53,968) need to be appropriated to the following grant line items in the 1999-00 School Operating Budget of the County of Isle of Wight, Virginia: IDEA Part B Sliver Grant $ 20,981 :Goals 2000 -Computers 32 157- Goals 2000 -Training X830 53 968. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of .Isle of Wight, Virginia that fifty three thousand nine hundred sixty eight dollars ($53,968) be appropriated to the appropriate. school grant line items in the 1999-00 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, S~pady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' presented a request from the County's Beautification Committee to adopt a Resolution to Designate the -Crepe Myrtle. ree as the Official Tree of Isle of Wight County. Supervisor Claud .moved that the Board consider the resolution at its next meeting and, in the meantime, staff is to .investigate whether the Crepe 11 6 ao~~~ 18 ~r:: 6?5 Myrtle is regarded as a bush or a tree. The motion was adopted .with. Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. 1 County Administrator Caskey presented the draft 2000 Legislative Priority List for the Board's consideration. He noted the Board could take action on the proposed list at its first meeting in November. Supervisor Bradshaw stated comments from the Commonwealth Transportation Board are that staff redefine and narrow the scope on Item # 1, "Transportation Funding for Realignment of Route 258 .from. Smithfield to Route 58" to identify- the .projects to accomplish this overall transportation improvement instead of taking such a broad approach. County Administrator Caskey stated VACo is requesting that each County designate a .representative and an alternate of the Board to cast any votes at the VACo Annual Meeting. Supervisor Cofer moved the Board designate Supervisor Claud as the voting delegate. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (S-0) .and no Supervisors voting against the motion. 1 Supervisor Claud moved the Board designate Supervisor Cofer as the alternate voting delegate. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Gland voting in favor of the motion (S-0) and no Supervisors voting against the motion. County Administrator Caskey stated the Board at its September 21, 1999 meeting identified December 4, .1999 for its annual Retreat from 8:30 a.m. until 5:00 p.m. He stated the .Board directed staff to proceed with alternatives for the Board's consideration relative to a proposed location of this Retreat. The Board agreed to Smithfield Foods Corporate Headquarters for the location of its Retreat on December 4, 1999.- Chairman Spady requested staff take appropriate action for booking this location. 1 Responsive to Mrs. Keen's earlier stated concern regarding. fire and rescue issues, Chairman Spady moved that the Board direct the County Administrator to contact the Smithfield Town Manager and Mayor .and set up a meeting between himself and Chairman Spady with the President and Captain of the Smithfield Volunteer Rescue Squad to discuss a potential solution to address how citizens' emergency needs can be met after hours since hiring someone from- 8:00 a.m. until 5:00 p.m. will not totally solve the problem. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. aooK 1$ >~~fi26 County Administrator Caskey presented a request from Kevin. Duck, President, Carrsville Volunteer Fire Department, for the Department to be allowed permission and authorized funding to purchase a cargo container to be used for storage of certain emergency supplies on their premises. Supervisor Bradshaw moved the Board direct the County Administrator to review the request and make a recommendation to the Board on whether the cargo container should be stored at a school shelter site and .contact Mr. Duck in the meantime to advise that his request is under review. The motion was adopted with .Supervisors Cofer, Bradby, Spady, Claud and Bradshaw voting in favor of the motion (5-0) and no Supervisors voting against. the motion. .County Administrator Caskey presented a request of Marisa Beale for a County contribution to participate in the Pride of America Program, Inc. Supervisor Claud moved the Board donate $150. .The motion. was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Spady called for Old Business. There was no old business offered for discussion. // Chairman Spady called for New Business. Supervisor Claud suggested staff -and associated agencies .involved with Hurricane Floyd have a critique session to review areas that could be improved and report back to the Board -with -their recommendations. Supervisor Claud offered to serve as the Board's representative. Supervisor .Bradshaw moved the Board direct staff coordinate and bring back a recommendation concerning a critique of all the agencies that helped with the recent emergency sheltering in the County and that Supervisor Claud be appointed as the Board's representative. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Spady called for Appointments. 1 [1 8 90~K 10 .'eJ~.~.1 County Administrator Casket' distributed a late item. from Sheriff Phelps requesting permission to replace Deputy C. B. Nurney on the Community Policy & Management Team. Supervisor Bradshaw noted that the Board only appoints citizen representatives and he requested County Administrator Casket' to advise Sheriff Phelps that he could proceed with replacing Deputy C. B. Nurney as the alternate on the Community Policy & Management Team. // Chairman Spady called for the County Attorney's report.. County Attorney Crook distributed a Resolution to Amend the Overtime Provisions of the Compensation Plan of the County Personnel Policies and Procedures Manual for the Board's consideration. County Attorney Crook. stated he took what was presented to the Board at its last meeting and put it into a resolution form to amend the Plan itself. County Attorney Crook stated he recommends the Board adopt the Resolution to make this amendment. Supervisor Cofei- moved the Board adopt the following resolution: RESOLUTION TO AMEND THE OVERTIME PROVISIONS OF THE COMPENSATION PLAN OF THE COUNTY PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the Isle of Wight County Personnel Policies and Procedures Manual addresses the County's policies and procedures regarding overtime compensation; and, WHEREAS, Section 3.4 of said Personnel Policies and Procedures Manual is to be amended to reflect a change in overtime compensation so as to delete the requirement that it be for emergencies only and to add administrative regulations for overtime. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board. of Supervisors of Isle of Wight County, Virginia, that ARTICLE III, Compensation Plan, Section 3.4 be amended to read as follows: Section 3.4 1 Overtime Overtime shall be authorized when regularly scheduled work hours exceed the Fair Labor Standards Act (FLSA) standards for the granting ofovertime. 9 aooK 18 >.:: 628 The. County Administrator shall designate those positions which are eligible for overtime pay and compensatory .leave. and those which are not eligible for such pay and leave in accordance with the standards of the Fair Labor Standards Act. The County Administrator shall develop administrative regulations pertaining to overtime and monitor compliance with the provisions of the Fair Labor Standards Act, which shall include the following: 1. Compensation time should be granted in lieu of overtime pay in all situations where possible. The accumulation of overtime should be .discouraged and procedurally kept to a minimum, adjusting schedules and staffing to .minimize. the accumulation of overtime. 2. All- overtime must be approved in advance of occurrence by the. employee supervisor. 3. Prior to disbursement of compensation, the Department Head must authorize the payment of overtime compensation.. 4. .Overtime pay will be disbursed as funds are made available through the budget adoption/amendment process. The motion was adopted (5-0) with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. County Attorney Crook presented a contract with J. Sanders. Construction Company of West Point, Virginia. for the construction of the water line in the Northern Development Service District stating he recommends the Board approve the contract subject to his approval as to form. Chairman Spady moved .the Board approve the contract subject to the approval as to -form by the County Attorney and authorize the Chairman to .sign. The motion was adopted (5-0) with Supervisors Cofer, Bradby, Spady, Bradshaw and .Claud voting in favor of the motion and no Supervisors voting against the motion. County Attorney Crook advised that he has received the deed. for Fort Boykin and it has been recorded. // 10 eo~~ 18:~:~6~9 County Attorney Crook requesteda closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning advice of counsel and staff concerning four (4) items involving acquisition of property. where public disclosure could. jeopardize the negotiations for the contracts for these properties; under Section 2.1=344 A7 concerning two (2) items dealing with. contract negotiations for advice of counsel and under Section 2.1-344 A i concerning consultation with staff and legal counsel concerning one (1) personnel matter. County Administrator Caskey requested a closed session .under Section 2.1-344 Al of the Freedom of Information Act concerning consultation with staff and legal counsel concerning two (2) personnel matters. Supervisor .Bradshaw requested a closed session under Section 2:1- 344 A3 concerning advice of counsel and .staff regarding one (1) matter involving acquisition of property where public .disclosure could jeopardize the negotiations for the contract ofthis property. Chairman .Spady moved the Board enter closed session for the reasons stated. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Chairman Spady moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an a~nmative 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 closed meeting was conducted in conformity with Virginia law; 1 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 closed. meeting. to which this certification resolution applies, and (ii) only such public business. matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Cofer, Bradby, Spady, Bradshaw and Claud 11 ~a~~ 18 ~~.:~636 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was .adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and. Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // County Administrator Caskey stated the County Attorney has forwarded to him two (2) letters from constituents in Isle of Wight, England, acknowledging their sentiment that whey hope it will be possible to see the Board this Spring. // At 5: I S p.m., Supervisor Bradby moved the Board adjourn. The motion was adopted unanimously (5-0). Q. A. ~dy, Chai n 12