02-17-2000 Regular Meeting9~~_~r 13. 53
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF FEBRUARY IN
THE YEAR TWO THOUSAND
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark
Richard K. MacManus
Also Attending; H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant to the
County AdministratorlDirector of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradshaw called the meeting to order at 2:00 p.m. The
invocation was delivered by Supervisor Bradby.
The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for Special Presentations.:.
Michael Williams, Regional Manager, Falcon Cablevision, addressed
the Board .regarding cable issues. and concerns. Mr. Williams noted 75% of
service interruptions to homes are caused by power problems. He noted the
cable system will be .rebuilt to resolve this concern., by installing stand-by
power supplies. Mr. Williams stated concerns with busy phone lines to
Falcon have also been addressed. Mr. Williams stated Charter
Communications signed the necessary paperwork for .acquisition. in
November of 1999. Mr. Williams presented .the Board with a franchise fee
check in the amount of $40,226.
Pat Clark of Twin Hill Lane inquired if Falcon Cablevision could
televise a channel for viewing. of School Board and Board of Supervisors
meetings and other events to County residents.
1VIr. Williams. advised there is a provision in the future for Falcon to
make available a channel. for such events.
Mr. Clark requested that the Board review the feasibility of making
such a .channel available to County residents.
Bill Reed of Gatling Pointe expressed frustration with the .loss of
Cablevision on New Year's Eve. He also expressed concern with the lack of
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response from Falcon to a letter he sent requesting that cablevision users be
offered a rebate for the two (2) days.
Supervisor Bradby .requested Mr. Williams investigate the reason -for
the outage which occurred at his home during the evening of the President's
State of the. Union Address.
Supervisor Clark also expressed concern with the lack of cablevision
on New Year's Eve, as well as poor reception on Channel 3. He stated when
service calls are placed, Falcon cablevision .representatives do note-always
advise their customers when they will fix the problem and many times the
problem is not fixed when the representative leaves. Supervisor .Clark
requested Mr. Williams address how fast Falcon cablevision intends to
revamp its service in the County.
Mr. Williams. explained - that a power surge burned up several
amplifiers on New Year's Eve. Mr. Williams stated replacement parts were
not available as they were stored in the Franklin office which was flooded.
out during Hurricane Floyd. He noted that the replacement parts are now
available, upon need.
Supervisor Clark asked Mr. Williams if he thought a two (2) day
rebate is an appropriate response to the residents who were .without .cable
during New Years. Eve?
Mr. Williams requested he be provided additional time to provide
Supervisor Clark with a more equitable proposal.
Supervisor MacManus requested Mr. Williams provide the Board. a
commitment as to specific dates when. a total system upgrade can be
achieved, as well as when the public channels can be accessed.
Mr. Williams noted such a plan could be provided to the Board within
the next three (3) to four (4) months.
.Supervisor MacManus stated he would recommend that when -the
transfer is completed on the franchise that the commitment dates be
included to ensure that if the County does continue its franchise agreement
with Charter, these problems will be resolved.
Chairman Bradshaw requested maps of cablevision lines be provided
to the County so that they can. be incorporated. into the County's geographic
information system. Chairman Bradshaw further requested that guidelines
of customer support be established and built into the franchise agreement
noting response times and the standards for non-response calls.
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Chairman Bradshaw recommended that a .Board committee be
established to address the citizens' concerns and work with the County
Administrator and County Attorney.
Supervisor MaclVianus moved the Board appoint Supervisor Clark as
the Board's representative to work with the County Attorney in addressing
the concerns of the citizens relative to cablevision issues. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud
voting in favor of the motion (5-0) .and no Supervisors voting against the
motion.
Anne F. Seward, Director of Budget and Finance, provided the Board
with a status report on the various activities within her Department and the
direction of fiscal management in the County.
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At 7:00 p.m., Supervisor Claud moved the Board amend the regular
order of the agenda to conduct the public hearings. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion..
Chairman Bradshaw called for a public hearing on the following:
The application of Quincy B. Gilliam and A.S.K. to amend
Conditional General Commercial zoning of approximately 2.1 acres of
land located on the north side of Courthouse Highway (Route 258}
between Waterworks Road (Route 709) and Foursquare Road (Route
620) in Hardy Magisterial District. The purpose of the amendment
will allow the property to be utilized for professional office space.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed application.
Sarah Gilliam, wife of Dr. Quincy B. Gilliam, applicant, stated their
Zuni dental office was destroyed during .Hurricane Floyd and, because they
own property located near the Town of Smithfield, it is more feasible to
build a professional office building on the property they already own.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor MacManus stated there is a Town corridor overlay project
underway and it would be nice to incorporate that into the Planning
Commission's overview of these type of projects when they come in.
Chairman Bradshaw. requested that the Director of Planning and
Zoning closely. coordinate all such development activities.
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Supervisor Bradby .moved the Board .approve the application of
Quincy B. Gilliam, as recommended by the Planning Commission. The
motion was adopted with Supervisors. MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no :Supervisors voting
against the motion.
Chairman Bradshaw called for a public hearing on the following;
The. Six Year (2000-2006) Secondary Improvement Priority Plan for
Isle of Wight County
Mr. Hartley stated the Six Year Plan is the. Board's opportunity to
influence where the funding priorities should go with the secondary road
system. He stated that Sandy Ridge Road, Duck Town Road, Campbells
Chapel Raad and Whispering Pines Trail have been added to the Plan and
moved up in terms of dates of construction, along with Pruden Road and
Blue Ridge ~ TraiL He stated the funding on the existing paved roads,
particularly Biackwater Road, Foursquare .Road and Broadwater Road have
been pushed back in terms of improvements on these roadways. He stated
citizens have raised concerns about Kings Cove Way and Blair's Creek Way
and the Board would be required to take action to add. these roads to the
Candidate List.
Supervisor Bradby moved that Blair's Creek Way and Kings Cove
Way be added to the Candidate List. The motion was adopted with.
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Six. Year Plan.
Robert Faison of Battery Park (Hayes Lane) distributed pictures of
Hayes Lane and requested.. the Board's assistance in having the roadway
maintained and placed back unto the Six Year-Plan.
Mr. Hartley advised Hayes Lane is currently. Number 1 i on the
Candidate List of unpaved roads. He further advised this roadway is
targeted for the "Pave in Place Program."
Thomas Hill of Brewer's Creek Lane requested the roadway be
maintained.
Supervisor Bradby advised Mr. Hill that he previously made a motion
to add Brewer's Creek Lane to the Candidate List.
Supervisor Clark requested Mr. Molleen to contact him at his office
tomorrow to discuss Country Way.
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Supervisor Claud moved the Board adopt the proposed FY2000-2006
Six-Year Plan-for Secondary Roads and the following resolution:
RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY
2000-2006 SECONDARY .SIX-YEAR IMPROVEMENT
PRIORITY PLAN AND FISCAL YEAR 2000-2001 SECONDARY
CONSTRUCTION BUDGET
WHEREAS, the Isle of Wight County Board of Supervisors and the
Virginia Department of Transportation held a public hearing. on February 17,
2000, to solicit citizen's comments .and recommendations concerning the
Isle of Wight County 2000-2006 Secondary Six-Year Improvement Priority
Plan and Fiscal Year 2000-2001 Secondary Construction Budget; and,
WHEREAS, comments and recommendations have been received
during the public hearing on this matter, and-such have beenconsidered and
incorporated as appropriate in the 2000-2006 Secondary Six-Year
Improvement Priority Plan and Fiscal Year 2000-2001 Secondary
Construction Budget..
NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight
County Board of Supervisors does hereby accept and approve the Isle of
Wight County 2000-2006 Secondary Six-Year Improvement Priority Plan
and Fiscal Year 2000-2001 Secondary Construction Budget Priority Plan.
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 MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw called fora public hearing on the following:
The 2000-2001 Secondary Construction Budget Priority. Plan for Isle
of Wight County
Mr. Hartley stated the Plan completes .funding of the Jones Creek
Bridge, pays the final costs for West Blackwater Road, includes the roads
for the Jamestown/Camptown Community Development Block Grant,
substantially improves Pruden Road and begins funding of Blue Ridge Trail.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the Budget Priority Plan:
Upon no one appearing, Chairman Bradshaw closed the public hearing
and called for comments from the Board.
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Supervisor Claud moved the Board adopt the proposed 2000-2001
Annual Budget for Secondary Roads and adopt the following resolution:
RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY
2000-2006 SECONDARY SIX-YEAR IMPROVEMENT
PRIORITY PLAN AND FISCAL YEAR 2000-2001 SECONDARY
CONSTRUCTION BUDGET
WHEREAS, the Isle of Wight County Board. of Supervisors and the
Virginia Department of Transportation held a public hearing on February 17,
2000, to solicit citizen's comments and recommendations concerning the
Isle of Wight County 2000-2006 Secondary Six-Year Improvement Priority
Plan and. Fiscal Year 2000-2001 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 2000-2006 Secondary Six-Year
Improvement Priority Plan and Fiscal Year 2000-2001 Secondary
Construction Budget.
NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight
County Board of Supervisors does .hereby accept and approve the Isle of
Wight County 2000 2006 Secondary Six-Year Improvement Priority Plan
and Fiscal Year 2000-2001 Secondary Construction Budget Priority Plan..
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 MacManus, Bradby,
Bradshaw, Clark and Claud .voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Supervisor Clark moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
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Chairman Bradshaw requested that .the Board's Finance Committee
consisting of Supervisors Claud and MacManus meet with .the Director of
Budget and Finance and .come back to the Board with a recommendation
..concerning the CIP scheduling and process.
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Chairman Bradshaw indicated the following Consent Agenda included
Items 1, A through C, and asked if there were any items for removal:
Resolution to Appropriate $84,870 From the Utility
Construction Fund for Water Tower Property to Serve the
Southern Development Service District
January 20, 2000 Regular Meeting Minutes
Supervisor Bradby moved the Board adopt all items of the Consent
Agenda. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the .motion (S-0) and no
Supervisors voting against the motion.
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Chairman Bradshaw called for Transportation Matters.
Supervisor Bradby requested staff to take appropriate action to have
VDOT clear the ditches on Route 10 at James Way.
Grace Keen requested that emergency turnaround exits be installed on
the James River Bridge, along with two (2) wreckers to be stationed at each
end of the bridge.
Supervisor Claud moved the Board direct staff to draft a letter to
VDOT advising of citizens' concerns regarding having two (2) wreckers and
emergency exits on the James River Bridge. Staff is to confer with VDOT
and report back to the Board on the matter. The motion .was .adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Henry Bell notified the Board of the inadequate quality of the blacktop
applied to Raynor Road.
Supervisor Bradby moved the Board direct staff to advise VDOT of
Mr. Bell's concerns regarding. the inadequate quality of the blacktop on
Raynor Road. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
R. L. Walker of Central Hill requested the Board's assistance in
addressing his concern with stormwater running across the road on Route
637.
Chairman Bradshaw moved the Board direct staff to contact VDOT
regarding Mr. Walker's concern with stormwater running. across the road on
Route 637. The motion was adopted with Supervisors MacManus, Bradby,
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Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no
Supervisors. voting against the motion.
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Chairman Bradshaw called for Citizens Comments.
Rebecca Savino requested the appointment of a Citizens .Advisory
Board to .assist the Planning Commission and Board of Supervisors with the
Eagle Harbor project, as it develops.
Chairman Bradshaw directed staff to meet with Ms. Savino regarding
her ~ suggestions and recommendations and that .they be reviewed and
brought back to the Board for further consideration. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
Frances Laulderman addressed the Board concerning her complaints
with cablevision. She requested that a cablevision office be reopened in
Franklin.
Grace Keen addressed ..the Board requesting that it endorse the
program "Plant A Tree for A Child." She stated flyers have been distributed
and funding is now coming in so the program would not be an expense to
the County. She stated. the Treasurer has agreed to administrator the
program in the past.
Supervisor Claud suggested that a certain number of trees be planted
each year, but not necessarily one for each kindergarten student.
Supervisor MacManus moved the Board endorse the concept as
presented by Mrs. Keen and the Beautification Committee for the "Plant A
Tree for A .Child." The motion was adopted. (4-1) with Supervisors
MacManus, Bradby, Bradshaw and Clark voting in favor. of the motion and
Supervisor Claud voting against the motion.
Nancy Quill, President, Rescue Community League, requested the
Board appoint two (2) at-large members to the School Board. She stated
some of the duties facing. the School Board include the search for a new
Superintendent, the prospect. of more rezoning issues, a new building
program, year round schooling and SOL remediation.
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Chairman Bradshaw called for the Community Development report.
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There. was no Community Development report offered for discussion
by the Board.
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Chairman Bradshaw called for the Economic Development report.
County Administrator Caskey addressed the issue of a bank qualified
bond issuance policy by the IDA in the absence of the Economic
Development Director.
County Attorney Crook explained the Board previously recommended
to the Industrial Development Authority (IDA) that no bonds be issued for
out of the County entities during the first six (6) months of the year. to
guarantee that County and local entities have precedence. He stated .the
Director of Economic Development has recommended to the Board and the
IDA that citizens or entities in the County be given the opportunity early in
the year and if no one. comes forward to .indicate that they. plan to apply for
it, that the County then allow the out of County entities to make such
application.
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Supervisor MacManus moved the Board approve the Bank Qualified
Bond Issuance Policy, as recommended by .the Industrial Development
Authority and. approve the revised wording, as recommended by the Director
of Economic Development. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey .presented a Resolution of Appreciation
for Vincent Doheny who has. served as the Executive Director of the
Western Tidewater Community Services Board and who is retiring from that
position on March 1, 2000.
Supervisor Claud moved the Board adopt the following resolution and
that staff be directed to :present it to Mr. Doheny at a retirement reception
scheduled for Thursday, February 24, 2000:
RESOLUTION OF APPRECIATION.
FOR VINCENT DOHENY
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WHEREAS, the Western Tidewater Community Services Board
serves the Cities of Franklin and Suffolk and the Counties of Isle of Wight
and Southampton; and,
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WHEREAS, the Western Tidewater Community Services Board
provides quality mental health, mental retardation and .substance abuse
services to citizens in need of said services; and,
WHEREAS, Vincent Doheny has served as Executive. Director of .the
Western Tidewater Community Services Board for 22 years; and,
WHEREAS, under Mr. Doheny's direction, the Western Tidewater
Community Services. Board has been recognized throughout the
Commonwealth as .providing innovative, .efficient, and cost-effective
services to meet the needs of the community.
NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and appreciates Vincent Doheny for 22 years of exemplary service as
Executive Director of the Western Tidewater Community Services Board.
The motion .was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against. the motion,
Anne F. Seward addressed the annual renewal for the County's self
insurance plan for the. period March 1, 2000 until February 29, 2001. Ms.
Seward summarized the quotations received in the three (3) areas of services
that the County will be contracting out.
Sam Rosenthal,. the County's consultant, recommended that next year
the County go out to bid on health insurance. He stated he would be coming
to the Board in January or February with a proposal that will keep costs
either level or reduce them.
Supervisor MacManus moved the Board authorize the renewal of
services. with VHN and National Benefit Services, and award the
reinsurance to The Hartford Company for the. 2000-01 Health Insurance plan
year. The motion was. adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no
Supervisors voting against the motion.
Regarding the request from the Carrsville Volunteer Fire Department,
Chairman Bradshaw noted he would like to personally resolve the request
concerning FEMA reimbursements. He stated he would be meeting with the
Director of Emergency Management and the representatives of the Carrsville
Fire Department in an effort to clear up any miscommunications.
County Administrator. Caskey presented a request for additional
capital funds .from the Chief of the Carrsville Volunteer Fire Department for
the completion of an emergency generator and storage building.
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Richard O: Childress, Director of Emergency Management, stated the
power hookup was .not disclosed in the original contract at a cost of
approximately $10,000. He stated the costs may be decreased as much as
$3,500 because the Department has decided to go with a standard brickwork
as opposed to matching the side, of the building to that of the existing.
structure.
Supervisor Clark stated a $10,000 overrun on a critical connection is
serious and he suggested all such future requests funnel directly through the
Director of Emergency Management. He further suggested that a
representative of the requesting department be present to address the Board.
when such requests are received.
..Supervisor MacManus requested the Director of Emergency
Management evaluate .the proposal and attempt to secure better.. prices for
the remaining work and investigate the $9,000 versus $3,500 difference.
Chairman Bradshaw moved the Board appropriate an amount not to
exceed $ l 6,000 from the Capital Contingency Fund for the completion of
the emergency generator storage building for the Carrsville Fire Department.
The .motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
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Mr. Childress presented A Resolution to Form the Isle. of Wight
County Disaster Recovery Task Force .for the Board's consideration. He
stated a Disaster Recovery Task Force has been formulated in an effort to
address disasters, as they occur, to help citizens get back on their feet after
emergencies.
Supervisor MacManus requested that the County's Task Force report.
back to the Board on the County's readiness for the coming hurricane season
and that staff send letters of invitation to the various: County organizations
inviting their participation.
Supervisor Claud moved the Board adopt the following resolution to
form the Task Force:
RESOLUTION TO FORM 1'HE ISLE OF WIGHT COUNTY
DISASTER RECOVERY TASK FORCE
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WHEREAS, Isle of Wight County, Virginia experienced .tremendous
amounts of precipitation during Hurricane. Floyd; and,
WHEREAS, said precipitation lead. to extensive flooding in many
areas of Isle of Wight County; and,
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WHEREAS, said flooding caused extensive damage to properties of
citizens of Isle of Wight County; and,
WHEREAS, the citizens of .Isle of Wight County experienced
difficulty in receiving temporary relief after the initial emergency had ended.
NOW, THEREFORE, BE IT .RESOLVED that. the Board of
Supervisors of the.County of Isle of Wight,. Virginia is authorizing the
formation of the Isle of Wight County Disaster Recovery Task Force in
coordination with the Virginia Department of Housing. and Community
Development and reporting to the Tsle of Wight County Director of
Emergency Management.
The motion was. adopted with Supervisors MacManus, Bradby,
Bradshaw, .Clark .and Claud voting in favor of .the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Casket' presented an amendment to the
County's current Agreement with the Virginia Department of Health -for the
Board's consideration. He pointed out that the amount referenced in the
amendment is in line with the amount budgeted in the County's Operating
Budget.
County Attorney Crook stated he has reviewed the Agreement and
recommends it as to form for approval by the Board.
Supervisor MacManus moved the Board approve the Second
Amendment to the State of Agreement between the Virginia Department of
Health and the Board of Supervisors and authorize endorsement of same by
the County Administrator. The motion was adopted with Supervisors
MacManus, Bradby,. Bradshaw, Clark and Claud voting. in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Administrator Casket' briefed the Board on the proposed
occupancy and usage of Historic Boykin's Tavern. He recommended that the
Board .consider referring this issue to the Board's Building and Grounds
Committee and the architect to develop a plan of occupancy for the
structure.
Supervisor Claud moved the Board direct the Buildings and Grounds
Committee to meet with representatives of the Tourism Bureau, Museum,
the Historical Society, the project architect and staff to develop a plan of
occupancy and use for Historic Boykin's Tavern. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
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Mr. Childress presented a request from the Carrollton Volunteer Fire
Department for the upgrade of its emergency medical service license from
Basic Life Support to Advanced Life Support.
Supervisor Clark moved the Board endorse the Carrollton Volunteer
Fire Department in its efforts to obtain an Advanced Life Support (non-
transport) EMS license from the Virginia Office of EMS and provide
Advanced Life Support medical care to the citizens of the County. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Mr. Robertson distributed correspondence received from the
Smithfield Town Manager, as well as information referencing certain
sections of the Fair Labor Standards Act (FLSA). He stated the Town
Manager does not feel that the Mutual Aid Agreement section applies to the
situation in the County. The Town Manager states volunteers are not
prohibited from applying and being hired as part-time fire or rescue
personnel
The Board requested the Director of Emergency Management and the
Assistant to the County. Administrator/Director of Human Resources meet
with representatives from the Town of Smithfield to discuss concerns
relative to the employment issues.
County Administrator Caskey stated staff previously met with the
Virginia Department of Housing and Community Development (VHCD} to
inquire as to the availability of grant funds under the Planning Grant
Program to assist the flood victims in the County. He stated the grant will
not require any local monetary match because it is related to disaster
assistance and he would recommend the Board authorize him to send a letter
to VHCD so that the funds can be received to retain the services to initiate a
grant application with the ultimate intent of seeking approximately
$700,000.
Supervisor Claud moved the Board authorize the County
Administrator to send, the letter to VHCD. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor
of the motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey noted a meeting .with International
Paper on February 23, 2000 at 6:30 p.m. in which local representatives meet
to discuss community issues and concerns. He requested the Board
designate a representative to serve on the Community Advisory Council that
will meet periodically with International Paper.
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Supervisor Clark of~'ered to serve on the Community Advisory Council
and meet with International Paper Regional Council on February 23, 2000 at
6:30 p.m. to discuss community issues and concerns.
County Administrator Caskey reminded the Board it will. be holding a
work session on February 22, 2000 at 8:30 a.m. to discuss. growth
management .issues. He noted the Board's Annual Town Meeting: is also
scheduled for February 24, 2000 at 7:30 p.m. at the Hardy Elementary
School.
County Administrator Casket' notified the Board that the School
Administration proposes to make copies of the Citizens Guide available to
students in its high school government classes.
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Chairman Bradshaw called for Old Business.
The application of the Mary A. Cutchin Estate and Crown
Communisation, Inc. for. a Conditional Use Permit to construct a self-
. supporting lattice tower of one hundred eighty-five feet. and provide an
equipment pad at the base of the tower. Said property is located at the
southeast intersection of Carrsville Highway and Carver Road in
Windsor Magisterial District. (Tabled January 20, 2000 and February
3, 2000).
.Glen Hampton, McQuire, Woods, Battle and Booth, addressed certain
questions from Supervisor Clark regarding the visibility of the .tower if
certain trees are removed along Route 58 Business, the co-location on
existing towers, and whether this will .conflict with the City of Franklin
Airport.
Supervisor MacManus inquired of Attorney Hampton if the -five (5)
conditions are agreeable with his. client. Attorney Hampton replied that his
client is in agreement with-all the conditions requested by the Board.
Supervisor Claud moved the Board approve the application with the
five (5) conditions, as stated, and that the County have first refusal on the
tower's last available antenna space. The motion was adopted (4-1) with
Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the
motion and Supervisor Clark. voting against the motion.
Responding to an earlier request for two (2) at-large School Board
members, Supervisor MacManus stated he believes seven (7) members on
the School Board would better serve the County than five (5) as there are a
number of critical issues before the School Board at this time. He stated
based on-the census information described by the County Attorney, the term
of these two (2) individuals should not be any further .than June 30, 2001 as
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the Board of Supervisors will. probably be expanded to seven (7) members at
that time which will mean a like number on the School Board at that time.
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Chairman Bradshaw stated he did not understand the objective or
reasoning behind two (2) at-large members on the School Board. He
suggested forming a citizens committee representing the entire County. to
review the critical issues and decide the number of needed representatives
on the School Board.
Supervisor Claud stated the School Board does not have
overwhelming tasks and he agrees that it will be appropriate once the census
is taken that the School Board will probably increase to a seven (7) member
Board. He stated he does not understand why it is so critical to increase the
School Board by two (2) at large members at this point in time.. He stated he
understands the concept proposed, however, he does not understand the
timing.
Supervisor MacManus stated the timing is due to the fact that he was
not on the Board of Supervisors before or he would have suggested seven (7)
members on the School Board earlier.
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Supervisor Bradby stated he listens to the concerns of citizens and he
has been approached in support of expanding the School Board to seven (7)
members. He stated this is going to happen because of the growth occurring
in the County.
Chairman Bradshaw stated he does not believe this is representing the
majority of the citizens in the County, as the silent majority is not. speaking
and this request is by special interest groups.
Supervisor Bradby moved the Board direct the County Attorney to
begin the process for the election of two (2) at-large School Board members
with terms ending June 30, 2001. The motion. was adopted (3-2) with
Supervisors MacManus, Bradby and Clark voting in favor of the motion and
Chairman Bradshaw and Supervisor Claud voting against the motion.
Supervisor Bradby moved the Board .take aten-minute recess. ,The
motion was adopted unanimously (5-0).
Upon returning to open session, Chairman Bradshaw called for
consideration of An Ordinance to Amend the Zoning Ordinance of Isle of
Wight County, Virginia. (Tabled January 20, 2000).
1
Mr. Hartley distributed an additional change for tower applications
requesting an annual plan or an annual statement from the .commercial
communications providers as to what their future plans will be. He stated
what is distributed is adding language under Section. (J) that will require
such a statement to be submitted every January 15th to that effect.
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.1 J~•~.
Supervisor Claud recommended that Section 3605 be changed to
. reflect three (3) years rather than the stated two (2) years because when
citizens. are dealing with the sale of the properties they need to be able to
move forward. He further recommended deleting 150% from Section 3743
because he believes the Board is doing a great disservice to the citizens as
these are done on a hardship basis anyway.
Supervisor MacManus moved the .Board adopt. the Ordinance with
Section 3605 being changed to reflect three- (3) years rather than two (2)
years, deleting 150% from Section 3743, and that the County Attorney take
new wording back to the Planning Commission orr Item (J) and bring it back
to the Board as a new provision. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the
motion (S-0) and no Supervisors voting against the motion.
Supervisor MacManus stated at the Board's retreat, he was appointed
to the Board's Law Enforcement Committee. In this regard,. he stated
Supervisor Clark has a background in law enforcement and he moved the
Board appoint Supervisor Clark, replacing himself, on .the Law Enforcement
Committee. The motion was adopted with Supervisors MacManus, Bradby,.
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
//
Chairman Bradshaw called for New Business.
There was no New Business offered for discussion by the Board.
//
Chairman Bradshaw called for Appointments.
,.Supervisor Clark moved the Board appoint Duke Vanselow to the
Parks -and Recreation Advisory Committee representing the Newport
District. Mr. Vanselow's term will expire in February of 2004. The motion
was adopted unanimously (5-0).
Supervisor MacManus moved the Board appoint Judy Hare to the
Events Committee. The motion was adopted unanimously (5-0).
Supervisor. MacManus moved the Board reappoint Gene Hunnicut,
representing the Smithfield District, to the Isle, of Wight Substance Abuse
Advisory Council. Mr. Hunnicut's term will expire in March of 2003. Thee
motion was adopted unanimously (5-0).
u
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gnnf.. ~il ..; , l1J
Supervisor MacManus moved the Board reappoint Ronald York,
representing the Smithfield District,. to the Planning Commission. Mr.
York's term will expire in February of 2004. The motion was adopted
unanimously (5-0).
1
Supervisor Bradby moved the Board reappoint Otis Farmer,
representing the Hardy District, to the Commission on Aging. Mr. Farmer's
term will expire in February of 2003. The motion was adopted unanimously
(s-o).
Supervisor Bradby .moved the Board reappoint R. L. Walker,
representing the Hardy District, to the Planning Commission. Mr. Walker's
term will expire in February of 2004. The motion was adopted unanimously
(5-0).
Chairman Bradshaw moved the Board. reappoint Donald T. Robertson
as the local government representative on the Western Tidewater Disability
Services Board. Mr. Robertson's term will expire in March of 2003. The
motion was adopted unanimously (5-0}.
//
Chairman Bradshaw called for the County Attorney's report.
1
County Attorney Crook presented the assignment and. assumption of
franchise agreement from Moody Sanitation Company to BFI Waste
Systems of North America, Inc. for the Board's consideration. He noted in
this assignment, the assignee does assume all obligations of the assignor
under the franchise agreement with the County.
Supervisor Clark moved the Board approve the assignment and
authorize the Chairman to sign it on behalf of the County. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and ..Claud
voting in favor of the motion (5-0) and no .Supervisors voting against the
motion.
County Attorney Crook stated he has received from. the Windsor Town
Attorney an agreement between the Town of Windsor and the County of Isle
of Wight regarding the Virginia Department of Housing and Community
Development Block Grant for improvements to the area south of Windsor
which is being annexed to the Town of Windsor.
1
Supervisor Claud moved the Board. approve the agreement as
presented by the County Attorney. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
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County Attorney Crook .reported to the Board that the long standing
issue between the County and :the .Town of Smithfield concerning the
:conveyance of the Route 10 waterline was. resolved. last week. County
Attorney Crook advised the Board he has prepared and forwarded to the
Town of Smithfield a deed for the conveyance of the waterline to the Town
of Smithfield.
County Attorney Crook stated he and the County Administrator met
with the Smithfield Town Manager and the Town Attorney to review the
Tourism Bureau agreement. He noted the provision of the office space for
the Tourism Bureau to be provided by the Town of Smithfield as an in-kind
service was not agreeable to the Town Manager and Town Attorney. He
noted the Town of Smithfield's position is that the. County and Town have
joint committees to approve the budget for the Tourism Bureau and once the
respective governing bodies confirm such, then they wily pay SO% of that
budget except that right now they are paying $17,500 a quarter which is not
covering. because of the cost. for utilities for the office. He stated if the
County .goes ahead and takes care of that, it will not be a problem after July
l , 2000 because then there will be 50/50 .funding of the budget. He stated if
-this is agreeable to the Board, he will prepare: an agreement and forward it to
the Town of Smithfield Attorney.
Chairman Bradshaw moved the Board refer the Tourism issue as
presented by the County Attorney to the Board's Finance Committee to meet
with a respective committee of the Town of Smithfield. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no .Supervisors voting against the.
motion.
County Attorney Crook stated the Town of Smithfield has offered to
sell surplus water to the County provided it was not used for residential,
only commercial development. He stated the Board asked the Town to
reconsider as the Board did not feel it could buy and distribute water for
only commercial users and not for residential users. He stated further
discussions have ensued and a proposal was submitted that the
representatives from the County -and -the Town have agreed on that the
purchase of the surplus water by the County from the Town could be used
for already approved residential development, not new development, and for
commercial. development. He noted if this is agreeable with the. Board, he
would prepare an appropriate agreement.
Supervisor MacManus stated he would-.like the opportunity to discuss
this matter more fully .with staff and moved the Board study the matter
further in order to review documentation and receive input from staff
regarding some of the problems/concerns of the Director of Public .Utilities.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion (5-0) and no Supervisors
.voting against. the motion.
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County Attorney Crook notified the Board that the closing on the
Johnson property is scheduled for tomorrow.
Chairman Bradshaw asked the County Attorney to discuss the-
Procurement Act.
County Attorney Crook stated the Board has two (2) proposers to our
RFP regarding the GIS proposal for digital orthophotography and staff has
evaluated the responders and has narrowed it down to two (2) recommended
responders for. interview by the Board. He stated under the Public
Procurement Act, Section 11-37, competitive. negotiation is the method for
procurement of professional services. He stated the matter before the Board
tonight requires interview of the two (2) deemed most qualified. He stated a
question was raised whether or not the interviews should be done in closed
session. He stated the Board has .always interviewed in closed session to
protect the applicants and the information they provide to the public body so
that it is not available to their competitors. He stated the Public
Procurement Act is not mandatory and the .Board can interview the
proposers in open session, however, it has been the policy of the Board to do
interviews in closed session.
Supervisor MacManus stated he believes this matter should be in open
session because there is nothing here that requires a closed session.
Supervisor MacManus moved the Board request the County Attorney and
staff to come back with their thoughts on how the Board can transfer the
management role and provide staff the authority to interview and
recommend selection of professional services providers to .the Board in the
future. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
//
County Attorney Crook requested a closed session under Section 2.1-
344 A 1 of the Freedom of Information .Act concerning one (1) personnel
matter; under Section 2.1-344 Al to interview the responders to the RFP,
including negotiations of fees; under Section 2.1-344 A3 concerning a report
from Counsel and advice of Counsel on property acquisition where public
disclosure could adversely affect the negotiating: position of the County
regarding that acquisition.
Supervisor Bradby moved. the Board enter closed session, for the
reasons stated. The motion .was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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Upon returning to open session, Supervisor Claud 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 aflirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.l•344.1A of the Code of Virginia requires a certification
by this ~ Board of Supervisors that such closed 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 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: (MacManus, Bradby, Bradshaw, Clark and Claud)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor .Bradby moved the Board authorize Counsel and staff to
negotiate a contract with Overman & Associates for digital
orthophotography, The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
.Supervisor Clark moved the Board direct Counsel to give notice of
termination of the contract of the Economic Development consultant. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
1
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Supervisor Claud moved the Board authorize Counsel to proceed with
the contract for the purchase of the property in Carrsville discussed in closed
session. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw moved the Board appropriate $500 for deposit on
the land purchase for the above property to come from the Capital
Contingency fund. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and
no Supervisors voting against the motion.
//
At 11:45 p.m., Supervisor MacManus moved the Board continue its
meeting until February 22, 2000 at 8:30 a.m. for the purposes of conducting
a work session on growth management issues. The motion was adopted
unanimously (5-0).
,,''/'~ '
~~ ~ ~i
P ip A. Bradshaw, Chairman
W. Doug C key, Clerk
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