06-01-2000 Regular Meeting.•.
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- airman
Henry H. Bradby, Vice-Chairman
.Robert C. Claud, Sr.
Stan D, Clark
..Richard K. MacManus
REGULAR MEETING OF THE ISLE. OF WIGHT. COUNTY BOARD OF
SUPERVISORS HELD THE FIRST DAY OF JUNE. IN THE YEAR TWO
THOUSAND
PRESENT: Phillip A Bradshaw Ch '
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 Bradshaw called the meeting to order at 2:00 p.m. The
.invocation was delivered by Supervisor Claud.
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The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for Special Presentations
County Administrator Caskey noted that Cliff Burnette, Senior.
Aviation Planner from the Department of Aviation .has requested that the
presentation on the Eastern Virginia Airport System Study (EVASS) be
deferred- until the Board's August 3, 2000 meeting.
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Chairman Bradshaw called for a public hearing on the following:
A. An Ordinance to Impose Tax Levies Fora Isle of Wight County,
..Virginia For Fiscal Year July I, 2000 Through June 30, 2001.
County Attorney Crook noted that. the -tax rates remain the same
except for a reduction in the Farm Machinery Tax. He further noted this
Ordinance requires adoption by the Board prior to July 1, .2000.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
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. table action on the Ordinance until
the June 15,.2000 meeting and that "telephone companies" be inserted in the
second line of Item #7. 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.
B. Flood Reclamation CDBG Planning Grant Project.
.Beverly Walkup, Senior Planner, briefed the Board on the Flood
Reclamation Community Development Block Grant (CDBG) Planning
Grant project. She noted there is no action required ~by the Board.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the Flood Reclamation Planning Grant project.
Upon no one appearing, Chairman Bradshaw closed the public
hearing.
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Chairman Bradshaw indicated the following Consent Agenda included
Items 1, A through D, and asked if there were any. items for removal:.
A. 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
B. Resolution to Amend the Holiday Schedule of the County's
Personnel Policies and Procedures Manual
C. Apri125, 2000 Budget Work Session Minutes
D. May 4, 2000 Regular Meeting Minutes
Supervisor .Claud 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 (5-0) and no
Supervisors voting against the motion.
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Chairman Bradshaw called for Regional Reports.
Regarding the Hampton Roads Partnership, Chairman Bradshaw
offered nothing to report.
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Regarding. the Hampton Roads Economic Development Alliance,
Chairman Bradshaw noted a meeting would take place later in the month.
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Regarding the Mayors and Chairs Caucus, Chairman Bradshaw noted
the meeting for the last two (2) months had been cancelled.
Regarding the Southside Mayors and Chairs, Chairman Bradshaw
noted Mr. Robertson had been attending the meetings.
Regarding the Hampton Roads Planning. District Commission,
Supervisor Claud noted the County Administrator had circulated materials
distributed at the Commission's May meeting concerning employment
versus population figures. He noted .employment is growing faster than
population in the County.
Regarding the Southeastern Public Service Authority, County
Administrator Casket' noted the SPSA .Board had. approved SPSA's budget
and stated action had also been taken by SPSA to increase the solid waste-
tipping fee to $53.50 per ton, which is the first increase in a five (S) year
period. He further noted that the recycling .fee will increase from $.50 to
$1.00 per household..
Regarding the Western Tidewater Regional Jail Authority, Supervisor
Claud noted he had nothing to report.
Regarding the Western Tidewater Water Authority, Supervisor Claud
noted a meeting is scheduled for June 2, 2000. at 12:00 p.m.
Regarding the Coalition of High Growth, Supervisor Claud noted there
was a meeting held recently in Chesapeake with national speakers present to
discuss smart growth policies. He noted. there. was consensus that
conceptual ideas of smart growth policies should be formulated for
presentation to the 2001 General.Assembly session.
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Chairman Bradshaw called for Transportation Matters
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Jonathan W. Hartley, Director of Planning and Zoning, referenced the
projects. contained in the agenda which were discussed at the quarterly
meeting on April 10, 2000 between Isle of Wight County staff' and the
VDOT District and Residency staff
Mr. Hartley referenced a letter contained in the agenda dated May 19,
2000 from the VDOT Resident Engineer concerningthe issue of centerline
striping on Raynor Road (Route 681). He noted he had requested that the
.Resident Engineer take a recount of the traffic on this roadway..
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Supervisor Bradby .reminded Mr. Hartley of the needed repairs on
.Poplar Drive.
Supervisor. Claud requested Mr. Hartley contact VDOT to arrange a
meeting with those .citizens who have not. granted the needed right-of--way
for Muddy Cross Road.
Mr. Hartley advised Supervisor Claud that there would be a resolution
for Board consideration at its June 15, 2000 meeting concerning the
inclusion of South Johnson Avenue into the State system under. the Rural
Addition Program.. •
Mr. Hartley advised Supervisor Claud .that VDOT provided no
immediate reaction at its recent meeting concerning the right-of--way needs
on Blue Ridge Trail.
Mr. Hartley requested the Chairman meet with him regarding Pruden
• Road.
Supervisor Bradby noted a -need for a traffic light on Route 32/258
(Brewer's Neck Boulevard} at its intersection with New Towne Haven Lane.
Mr. Hartley noted that the need for a traffic light is in the process of being
re-evaluated by VDOT based on correspondence received from the County
and School Board.
Mr. Hartley advised Chairman Bradshaw that he had discussed with
VDOT the .signs needed on Fire Tower Road.
Mr. Hartley advised Chairman Bradshaw that he would meet with R.
L. Walker concerning his comments relative to inadequate drainage ditches
in the Central Hill community.
Mr. Hartley advised Chairman Bradshaw that he would meet with
Michael Uzzell concerning his request for school bus stop signs at various
locations.
Chairman Bradshaw advised Mr. Hartley that the shoulders need to be
rebuilt on Joyners Bridge Road from Lawrence Drive to the Blackwater
River and he requested Mr. Hartley take the appropriate action with VDOT
to have this corrected.
Scott Rhodes of Ashby Subdivision spoke to the Board. regarding the
dangerous intersection at the Carrollton. Elementary School (Brewer's Neck •
Boulevard/New Towne Haven Lane) and the need for a traffic light there.
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Chairman: Bradshaw called for Citizens Comments.
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Wayne Spears of Ashby Subdivision .spoke in opposition to the
proposed rezoning of the .James River Kennel properly. {Carrollton Cove
proposal). He specifically requested that information illustrating the
financial benefits to be derived from the rezoning be presented to the Board.
Scott Rhodes of Ashby Subdivision spoke in opposition to the
proposed rezoning of the James River Kennel property (Carrollton Cove
.proposal). He stated the James River Kennel property was zoned far single
family units and, had he known, he would never have invested in a
neighborhood that. borders. apartments or retail ,stores. He noted, 'if
approved, the proposal would be detrimental to the community and would
also create a dangerous intersection on Route 17.
.Gerry Ann Gardner inquired if staff has had an opportunity to
incorporate the six (6) items .into. the County's Comprehensive Plan as
suggested by the Chesapeake Bay Local Assistance Department staff
.Chairman Bradshaw stated he would have Mr. Hartley contact her
regarding the Plan which has not yet been finalized.
Mike Alexander requested that when the Comprehensive Plan is
presented to the Board for consideration that it also be made available to the
public and that the public be provided an opportunity to comment on it prior
to adoption by the Board. He also inquired when the Board would act on the
O'Meara Drive issue.- Mr. Alexander noted his support of the citizens
expressing opposition tonight. to the rezoning application for the James
River Kennel property (Carrollton Cove proposal).
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Chairman Bradshaw called forthe Community Development report.
Mr. Hartley presented an amendment to the engineering contract for
the Jamestown/Camptown Comprehensive Community Development project
for the Board's consideration, subject to the review and approval by the
County Attorney.
Chairman Bradshaw moved the Board approve the amendment to the.
agreement for engineering. services, authorize the Chairman to sign the
amendment and instruct the Director of Budget and Finance to make the.
necessary transfers to accomplish this modification subject to the approval
of the County Attorney as to form. 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. Hartley presented the Jamestown/Camptown CDBG
Comprehensive Community Development project infrastructure..
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improvements and recommended the Board approve the lowest bid received
from Art-Ray Corporation and authorize the County Administrator and the
Chairman to sign the contract contingent.. upon the County Attorney's
approval as to form.
Chairman Bradshaw moved the Board approve the lowest bid from
Art-Ray Corporation and. authorize the County Administrator and the
Chairman of the .Board to sign the contract contingent upon the County
Attorney's approval as to form. The motion was adopted with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion. (5-Oj and. no Supervisors .voting against the motion.
Mr. Hartley presented for the Board's. consideration an amendment to
the orthophotography contract .postponing the one (1) foot flight which was
deferred due to leafing of the trees.
Supervisor Clark moved the Board approve the contract amendment
and authorize the Chairman to sign the amendment subject to the approval
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.
Mr. Hartley presented information on the map/plat of the Macklesfield
Subdivision for the Board's perusal
Supervisor MacManus requested Mr. Hartley provide the Board with a
revised timeframe in which he anticipates the Comprehensive Plan to be
implemented.
Mr. Hartley notified the ,Board that. changes to the State .Housing and
Building Code Commission. had not transpired and were deferred until next
year. He further noted a joint resolution of the General Assembly is asking
the Virginia Housing Commission to review this issue..
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Chairman Bradshaw called for the Public. Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, briefed the
Board on the Queen Anne's Court sewer pumping station. He advised the
project has been completed and service is now being provided to customers.
Mr. Rountree provided the Board with an update on the Windsor
sewer project. He stated the first section has been completed (lines 3 and 4)
which covers approximately half of the Town of Windsor and service is now
underway. He .further stated the County is approximately one (1) month
away from adding. the next section (line 1) and it .would be an additional
month before the remaining section (line 2) is installed.
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Supervisor Claud "noted that the County Administrator, the Director of
Public Utilities and himself recently met. with the Windsor Mayor and Town
Manager to discuss paving of the streets.
Mr. Rountree noted a requirement of the Department of Environmental
.Quality is that the County dedicate a site which is located at the intersection
of Carver Road and Lees Mill Road for water related purposes only. He
requested the Board approve a Well Dedication plat for this purpose.
Chairman Bradshaw. moved the Board. approve the Well Dedication
plat. 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. Rountree advised that the water line on Colosse Road has been
installed.
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Chairman Bradshaw called for the Economic Development report.
There was no report offered for discussion by the Board..
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Chairman Bradshaw called for the Parks and Recreation report.
There was no report offered for discussion by the Board.
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Chairman Bradshaw called for the County Administrator's report.
Dr. Alexander Decker presented a request from the School Board for
advance appropriation. of County funds for air conditioning at the Smithfield
High School gymnasium.
Supervisor MacManus moved the Board .adopt. the following
resolution:
RESOLUTION TO APPROPRIATE ONE HUNDRED TWENTY TWO
THOUSAND THREE HUNDRED DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF-THE GENERAL FUND FOR
SMITI~IELD HIGH SCHOOL GYMNASIUM AIR CONDITIONING
PROJECT
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved funding for the Smithfield High School Gymnasium
Air Conditioning Project; and,
WHEREAS, the funds in the amount of one hundred twenty two
thousand three hundred. dollars ($122,300) need to be appropriated to the
appropriate line. item in the 2000-01 School Capital Budget of the County of
Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that one
hundred twenty two thousand three hundred dollars ($122,300) for the
Smithfield High School Gymnasium Air Conditioning Project be
appropriated to the appropriate line item in the 2000-01 School Capital
Budget of the County of Isle of Wight, Virginia.
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. 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 the Board's consideration of a proposed
change order for the Boykin's Tavern renovation project.
Supervisor Claud moved the Board approve the. change order as
recommended by VIRTEXCO Corporation and. the. Architect pending
approval by VDOT .and -that the funds be taken from. the contingency
account. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and. Claud voting in favor of the motion (5-0) and no F
Supervisors voting against the motion.
Chairman Bradshaw called for the. Board's consideration of the lunch
delivery bid for the USDA Summer Program administered by the
Department of Parks and Recreation.
Supervisor Clark moved the Board authorize staff to open the single
bid received. 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.
.Richard O. Childress, .Director of Emergency Management, advised
the Board that there is now a paid person on staff at nights at the Windsor
Rescue Squad. He also advised that Windsor .Woodworking has assured
him that it would accept delivery of the Mass Casualty Trailer and would
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begin work on Monday, although a completion date can not be guaranteed at
this time.
Regarding the report of the Central Dispatch Committee, County
Administrator Caskey noted Chief Marshall has requested an additional
thirty (30) days for him to submit his information to the Committee. for
review prior to recommendation to the Board.
Supervisor Claud requested Mr. Childress contact the Windsor Rescue
Squad and the Sheriff's .Department .concerning a recent problem with the
radios. '
Supervisor MacManus requested Mr. Childress provide the. -Board
with a report on the state of the County's shelters.
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Mr. Childress advised that a report is now being finalized. referencing
the Hurricane Floyd-disaster for presentation to the Board at its first meeting
in July.
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Mr. Childress presented a Resolution to Authorize the Department of
Emergency Management to Apply for an Advanced Life Support License
with the State of Virginia Office of Emergency Medical Services for the
Board's consideration.
Supervisor Clark moved the Board adopt the .following resolution:
RESOLUTION TO AUTHORIZE THE DEPARTMENT OF
EMERGENCY MANAGEMENT TO APPLY FOR ADVANCED
LIFE SUPPORT LICENSE WITH THE STATE OF VIRGINIA
OFFICE OF EMERGENCY MEDICAL SERVICES
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WHEREAS, the volunteer rescue squads serving Isle of Wight County
have asked the County for. assistance in providing staffing for their
emergency response needs; and,
WHEREAS, the Isle of Wight County Fire and Rescue Association, in
cooperation with the County, has devised. a plan to place. personnel in fire
and rescue stations in the County; and,
WHEREAS, these County employees assist the volunteer agencies in
providing emergency medical care to the citizens of Isle of Wight. County
and fall under the direction of the Department of Emergency Management.
NOW, THEREFORE, BE IT RESOLVED that the .Board of
Supervisors of the County of Isle of Wight, :Virginia authorizes the
application of the Isle of Wight County Department of Emergency
Management to the .Virginia Office of Emergency Medical Services to
provide Advance Life Support to citizens within Isle of Wight County..
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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. Childress .briefed the Board on the Carrsville Volunteer Fire
Department's apparatus bay extension project. He recommended the Board
approve the .low bid of Design Architectural .Service, Incorporated and
Design Management Services, Incorporated, subject to the County
Attorney's approval as to form.
Chairman Bradshaw moved the Board. approve the low bid of Design
Architectural Service, Incorporated and Design Management Services,
Incorporated (DAS/DMS) in the amount of $20,230, subject to the County
Attorney's approval as to form.. 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 guidelines for citzen-
commentary for the Board's consideration.
Supervisor Claud moved that the individual Board- members forward
their comments to the County- Attorney and staff for the Board's review. so
that same may be incorporated into a proposal to be drafted 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. .
:County Administrator .Casket' noted included in the agenda is
information pertaining to a timing device for Board meetings. Board
members generally noted they did not feel the need to utilize any such form
of timing device.
County Administrator Casket' presented the issue of Disclosures of
Economic Interests and Senate Bill 655.
Supervisor Claud suggested that the Board not take any action at this
time until .they. find out what happens -on this Bill in the next General
Assembly session.
Supervisor Clark. stated he would like for Planning Commission
members to be required to fill out such Statements of Economic Interest.
Supervisor MacManus stated he also concurred that Planning
Commission and Board of Zoning Appeals members should be required to
fill out these Statements of Economic Interests .because they are making
decisions that the Board of Supervisors relies upon. He stated he believes
there is merit in these members setting forth their economic interests.
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Supervisor Claud pointed out that all such individuals have a moral
obligation to state any conflicts of interest they may have.
Chairman Bradshaw stated. the Industrial Development Authority
members should be required to fill out Statements of Economic Interest
because they are purchasing bonds. and acquiring land. He suggested that a
policy bedrafted stating the Board's policy for its consideration and further
discussion.
Supervisor Claud pointed that that .individuals serving on boards are
performing a service for the County and, if .they are required to fill out
Statements of Economic. Interests, the Board may find that there are fewer
people willing to serve as the forms are cumbersome to fill out.
Supervisor Clark moved that the County Attorney draft an ordinance
developing a policy with regards to the filing of Statements of Economic
Interests and bring same back to the Board for its 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.
Supervisor. Claud moved that prior to the Board approving a policy on
the Statements of Economic Interest that the Board refer the matter, with the
appropriate- forms,. to the Planning Commission, the Board of Zoning
Appeals and the Industrial Development Authority and request their
comments. 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 for the Board's. consideration
a request received from Mecklenburg County regarding their desire for
legislation for local sales tax increases.
Chairman Bradshaw suggested the Board take no action on the matter
at this time.
Chairman Bradshaw referenced the VACo 2001. Legislative Program
contained in the agenda for the Board's discussion.
Supervisor Claud moved. the Board provide input to staff and that staff
.prepare an appropriate agenda for a meeting with the Commonwealth
Transportation Board representatives for the Hampton Roads area. 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 Claud suggested leaving the E911 fees as they are without
the $3.00 cap adopted in the last General Assembly session.
Supervisor. MacManus moved the Board.request the School Board, the
Social Services Board, the Community Policy and Management. Team
(CSA), the Town of Smithfield and the Town of Windsor include their
legislative issues and forward them to the County with the intent to .provide
two (2) or three (3) specific 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.
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Chairman Bradshaw moved the Board enter closed session under
Section 2.1-344 A7 of the Freedom of Information Act concerning advice of
counsel on contractual- negotiations. 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..
Upon returning to open. session, County Attorney Crook requested the
Board amend its earlier motion to enter closed session to explain that it was.
for advice of counsel and discussion of expansion or siting of industry or
business where there has been no previous announcement.
Supervisor.Claud moved the Board amend its. earlier motion to enter
closed session to clarify that it was for advice of counsel and discussion of
expansion or siting of industry or businesswhere there has been no previous
announcement. The motion was. adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark 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 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 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
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in the motion .convening the closed meeting were .heard, discussed or
considered by the Board of Supervisors.
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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.
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Chairman Bradshaw called for the continuation of the County
Administrator's report..
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Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE THREE HUNDRED FIFTY
FIVE THOUSAND DOLLARS TO THE INDUSTRIAL
DEVELOPMENT AUTHORITY FOR ECONOMIC
.DEVELOPMENT INCENTIVES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved a contribution to the .Industrial Development
Authority to be used to enhance economic development within the County
of Isle of Wight, Virginia; and,
WI~REAS, the funds in the amount of three hundred fifty five
thousand dollars ($355,000) need to be appropriated to the appropriate line
item in the 1999-00 Industrial Development Fund Operating Budget of the
County of Isle of Wight, Virginia..
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of .Supervisors of the County of Isle of Wight, Virginia that three
hundred fifty' five thousand. dollars ($355,000) designated for the
enhancement of economic development within the County of Isle of.Wight,
Virginia be appropriated to the 1999-00 Industrial Development Fund.
Operating Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make .the .appropriate
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accounting adjustments in the budget and 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.
County Administrator Casket' presented correspondence from the-Real
Smithfield Jaycees relative to their lease agreement with the County. He
noted the Real Smithfield Jaycees are advising the County that the Town of
Smithfield is making some requirements relative to the renewal of their
conditional use permit with the Town which involves County property not
included in the lease.
County Attorney Crook requested an opportunity to speak with the
Smithfield Town Attorney regarding the matter.
Supervisor Claud moved that the Board direct .the. County Attorney
meet with the Smithfield Town Attorney to discuss the issue presented by
the Jaycees. 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' noted he had made contact with the
Community Design Assistance Center at Virginia Tech to determine ..their
interest in being of assistance with the. development of a master design plan
for the old Smithfield High School property and the expansion of its users.
County Administrator Casket' requested that Board members
interested in attending the. National Association of Counties Conference
contact his office.
County Administrator. Casket' requested that Board members '
interested in attending the Local Government Officials Conference contact
his. office.
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Chairman Bradshaw called for Old Business.
Regarding the Carson Whitley sewer connection, Chairman Bradshaw
commented that the Board originally. adopted an agreement in December of
1996 stipulating: that the sewer .connection fee for residential and
-commercial connections with property owners for existing structures located
within the Town of Windsor shall be $500 during the first twelve (12)
months. He noted that. this policy should be applicable for anyone located.
throughout the County where it has extensions for,these lines.
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Noting that if the Board approves this request it would be setting a
precedent for others to follow, Supervisor Claud commented that the Board.
needs to find a way to treat existing businesses, as was done for existing
residences.
Supervisor MacManus suggested the Board establish a policy which
can consistently be supported with a discount for existing businesses and
residences. He stated he has a concern with going with the .recommendation
of an Industrial Development Authority .grant because the Board sets a
precedent for everyone to come looking for a grant and he does not believe.
this is the best policy to ensure fairness in the future for consistent treatment.
by this Board. He stated if proper. notification is not given, he would
support ninety (90) days be given for any of those businesses that may have
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been affected to give them the opportunity to come in at a discounted rate of
1/3 price, for both residential and commercial.
Supervisor Clark noted he would. support making a policy across the
board-for existing. residences and businesses tying into the system.
Chairman Bradshaw moved the. Board direct the County Attorney and
the Director of Public Utilities to develop an .amendment to the Sewer.
.Ordinance to provide connection fees for existing commercial and/or.
industrial hook-ups similar to residential customers. 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 New Business.
There was no new business offered for discussion by the Board.
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Chairman Bradshaw called for Appointments.
Supervisor Clark moved the Board appoint John Springfield to replace
Ann Austin on .the Walter Cecil Rawls Library Board.. The motion was
.adopted unanimously (5-0). x
Chairman Bradshaw moved the Board reappoint Supervisor Claud to
the Hampton Roads Planning District Commission as its representative to
the Executive Committee. The. motion was adopted unanimously. (5-0).
Supervisor Claud ..moved .the Board reappoint Betty Alphin to the
- Industrial Development Authority. The motion .was adopted unanimously
(s-o).
15
BOQK 19.~~~4fi
Supervisor Claud moved the Board appoint Richard J. Holland, Jr. to
fill the unexpired term of Richard J. Holland, Sr. on the Industrial
Development Authority. The motion was adopted unanimously (5-0).
Chairman Bradshaw moved .the Board reappoint .Della Stokes to the
Youth Services Advisory Board.. The motion was adopted unanimously (5-
0).
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook stated pursuant. to the direction of the Board
and for its consideration he has. prepared a revised resolution for waiver of
the new account sewer fees for the Windsor Manor Mobile Home Park.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO WAIVER OF NEW ACCOUNT SEWER
FEES FOR WINDSOR MANOR MOBILE HOME PARK
WHEREAS, the County of Isle of Wight is .providing new sewer
service to Windsor Manor Mobile Home Park located in the Town of
Windsor, County of .Isle of Wight, State of Virginia, pursuant to Sewer
Collection System Agreement of December 17, 1996, between the Town of
Windsor and the County of Isle of Wight; and,
WHEREAS, W. B. Copeland, owner and operator of Windsor Manor
Mobile Home Park proposes. to obtain all applications and deposits for all
units within Windsor Manor. Mobile Home to connect same to the new
sewer service of the County of Isle of Wight; and,
WHEREAS, the said W. B. Copeland has requested a waiver of the
new account fee of $20.00 per. unit in consideration of all units providing
deposits and applications and connecting to the sewer system; and,
WHEREAS, the Board of Supervisors.. of Isle of Wight County,
Virginia, deems it to be in the best interests of the County to have all units
of Windsor Manor .Mobile Home Park connect to the new sewer system
being provided to said park as soon as possible to offset costs therefor to the
County.
NOW, THEREFORE,. BE IT AND IT IS HEREBY. RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that the Board of
Supervisors of Isle of Wight County, Virginia will waive the $20.00 per unit
new account fee for each unit in Windsor Manor Mobile Home Park
provided the owner and operator thereof provides all applications for all
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~o~K. 19 .,.~?-~7
units together with the deposits required for all units to the County of Isle of
Wight by July 1, 2000, and thereafter connection fees for said units will be
paid in accordance with the Agreement of the Town of Windsor and the
County of Isle of Wight. of December 17, 1996, and provided further the
sewer rentals under Article II of the County Sewer Ordinance will begin July
1, 2000.
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 Board, at its previous meeting,
heard a presentation from Greg Blazey concerning his inability to get his
house plans approved. He stated. pursuant to the Board's direction, he met
with the Superintendent of Inspections and. requested that he write a letter to
him explaining the events as they pertain to the involvement of -the
Inspections Department. He stated he reviewed the plans with Mr. Berkley
which were not certified by an architect or .engineer as required by the
Building Code and further that no application was ever. filed in the
Inspections Department by Mr. Blazey. County Attorney Crook distributed
copies of correspondence from him to the Board of Supervisors dated June
1, 2000 in addition to the letter addressed to the County Attorney from the
Superintendent of Inspections dated May 30, 2000.
Chairman Bradshaw moved the Board accept into the record the letter
from the County Attorney to the Board of Supervisors dated June 1, 2000, as
well as the letter to the County Attorney from the Superintendent of
Inspections dated May 30, 2000. 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 notified the Board that the Town of Smithfield
had adopted a Transient Occupancy Tax in the amount of 5%. He stated the
resolution adopted by the Town stipulates that the. Town will forward to the
County 2% over the next five 5
O years. He stated the County, by .statute, is
limited to 2% on the Transient Occupancy Tax, but the -Town is instituting a
higher tax and returning 2% to the County. He stated regarding a cigarette
tax, the statute provides that. no provision in Chapter l0 of Title 58.1 shall
be construed to .deprive counties, cities and towns of the right to levy taxes
upon the sale and use of cigarettes. provided. such county, city or town has
such power prior to January 1, 1977. He explained the history stating that in
1975 the County desired to adopt a cigarette tax and he argued the matter
with the Attorney General's Office, which advised him that the County did
not have the authority in 1975 to adopt such a cigarette tax.
Supervisor MacManus suggested including a tobacco tax in this year's
legislative package and that it refer specifically as a request applicable to the
County.
17
ao~K 19:x.-?48
County Attorney.. Crook reported on the matter of speculative interests
on Gayle Way and Yellow Rock Lane. He stated Statute 33.1-?2.1 of the
Code provides that when a governing body recommends in writing to the
Department of Transportation that any street in a county be taken into and
become a part of .the Secondary system that the. Virginia Department of
Transportation thereupon will include the streets into the Secondary system
for .maintenance improvements, construction and reconstruction provided a
forty (40) foot width of right-of--way and easements for drainage are
available.. Further, the statute states that such streets shall only be taken into
the Secondary system if the .government agrees to contribute from county
recommended or special assessment of landowners on the street in question
of the cost. The statute continues that such ,streets .are eligible under this
.provision only if the original developer did not retain a speculative interest.
in the property abutting such streets and that ownership or partnership in
two (2) or more parcels with frontage of any such street shall .constitute
speculative interest. Regarding Gayle Way, a farmer owns property along
one side and another individual owns. property on the other side .and neither
are developers with speculative interests. Regarding Yellow Rock Lane, Mr.
Hill owns more than one (1) lot, but he is not a developer and thus the ~
speculative interest prohibition does apply. County Attorney Crook stated,
in his opinion, there is no developer with speculative interests on .Gayle Way
to prevent it from coming in under the statute. He .noted he would discuss
the Yellow Rock Lane matter further with VDOT officials if necessary-
regarding the construction of the statute.
//
County Administrator Caskey requested a closed session under
Section 2.1-344 A 1 of the Freedom of Information Act concerning a
personnel matter and under Section 2.1-344 A7 concerning contractual
negotiations for the acquisition of property requiring adviceof counsel.
Patrick J. Small requested. a closed session under Section 2.1 344 AS
of the Freedom of Information Act concerning four (4), matters involving
negotiations with prospective businesses.
Supervisor Claud requested a closed session under Section 2.1-344 Al
of the Freedom of Information Act concerning several personnel matters.
County Attorney Crook requested. a closed session under Section 2.1-
344 A 1 of the Freedom of Information Act concerning a personnel matter
and. under Section Z.1-344 A7 concerning advice of counsel on legal matters
requiring advice of counsel.
Chairman Bradshaw requested a closed session under Section. 2.1-344
Al of the Freedom of Information Act concerning a personnel matter.: .
'4
tyJ
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1
6oeK 19.~~:~?~9
Supervisor. MacManus moved the Board enter closed .session for the
.reasons stated. The. motion was adopted with Supervisors MacManus,
Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no
Supervisors voting against the motion. Supervisor Clark was absent for the
vote.
t ~
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 affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344. l 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;
. 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: 5
r~
~'~
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 MacManus moved the Board apply for the Governor's
Opportunity Funding for both businesses mentioned during 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.
/I
19
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80nK 19 ~a;~~ i~
Chairman Bradshaw called for the budget'work session to begin.
Anne F. Seward, Director of Budget and Finance, provided the Board
with a recommendation from Dr. Alexander Decker, Interim School
Superintendent, regarding the request for funding in the amount of $10,000
for the "Stay Up While You Are Out Program." She stated the School Board
endorses the program which, if approved, would be an amendment to the
County's Operating Budget. She noted that the County's budget is currently
being balanced with a $250,000 appropriation from the Unappropriated
Fund Balance, a method which. she never recommends..
Supervisor Claud recommended that .the Director of Budget and
Finance not fund the request at this time and requested that she poll other
localities utilizing this .program.
Ms. Seward presented a $2,500 request from the Events .Committee
which, if approved, she recommends be funded through the Board's
operating account.
Supervisor MacManus recommended that the request from the Events
Committee for $2,500 be funded internally, as recommended by the Director
of Budget and Finance.
Ms. Seward presented a request from the Commissioner of Revenue
for part-time employees funding.
Supervisor Claud recommended that the County fund the request for
part-time employees in the amount of $2,800 for the Commissioner of
Revenue's office.
Ms. Seward presented the recommended budget figures of the Director
of Emergency Management for the various fire and rescue organizations
which would require an adjustment increase in the amount of $12,070.
Supervisor Claud recommended that. funding for the Windsor
Volunteer Fire .Department be reduced. to match the amount provided to
Smithfield ($46,370).
Supervisor Bradby recommended increasing funding for the Rushmere
Volunteer Fire Department to $37,500.
Ms. Seward advised the Board that there would be an increased
revenue of $120,000 from the Department of Public Utilities for a sewer
connection fee adjustment upon adoption of the Ordinance by the Board.
Ms. Seward presented a request from the Department of Public
Utilities for a Construction Administrator position and new vehicle in the
20
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amount of ,$80,550.. She noted the part-time position is .currently being
funded from he bond funds and she will continue to use such funds as lon
as available, however., she advised that -when the .bond projects are
exhausted, the position would be funded by the Utility Fund which is
currently supplemented by the General Fund..
Chairman Bradshaw recommended the Construction Administrator
position within the Department of Public Utilities be funded. He further
.recommended that the vehicle be deleted.
Ms. Seward presented a request from the Tourism Department for
$12,000, not including fringe. benefits,. for a Public Relations position. She
noted that the Town of Smithfield has advised that they will not be funding
their portion ($6,000) for this position.
Supervisor MacManus recommended the Board reduce the amount of
funding for the Public Relations position within the Tourism Department by
$12,000.
Ms. Seward presented. a request from the Fifth District Corrections
Program far funding in the amount of $4,065 for a grant match which was
.funded by Southampton County for the previous two (2) years. She noted
that Southampton County has advised they would like the cost to be rotated
to some of the other participating jurisdictions.
Supervisor Claud recommended Ms. Seward include in the Budget
funding in the amount of $4,065 for the Fifth District .Corrections Program,
noting that funding is being done on a rotating basis among the member
localities.
Regarding the two (2) part-time dispatcher positions, Supervisor Clark
recommended Ms. Seward investigate the possibility of funding these
through the E-911 fund.
Regarding the Parks .and Recreation Skate Park position, Ms. Seward
noted it would be appropriate to fund this position ($12,000) when, .and if,
the skate park is approved in the Capital Improvements Program from the
Contingency fund if it is in the middle of the year.
Ms. Seward informed the Board that the County currently charges $20
for decals. for motor vehicles .and. the maximum amount which can be
.charged is $23 for a car under 4,000 pounds and $28 for vehicles over 4,000
pounds.
.Chairman Bradshaw requested. Ms. Seward investigate how. much
additional revenue could be generated if the County increased its decal rate
to $23 and report. back to the Board.
21
Bo~K 19 ~~~•?52
Regarding- staffing within the Sheriffs.. Department,. Ms. Seward
advised the Board that she did research the five (5) State funded positions in
1998 when the Governor changed the .allocation from one (1) deputy for
every 2,000. population to one (1) deputy for every 1,500 population. She
provided a copy of the minutes wherein the Sheriff notified the Board of the
change in the allotment. of ratios and thereby recommended .the continued
local funding of only two (2) positions (DARE officer -and E-911.
Supervisor). She noted the State funded the five (5) positions that were
previously funded by the County; however,. the Sheriff did receive funding
by the. County for two (2) additional positions.
Supervisor Clark. requested Ms. Seward discuss the funding for the
pagers and cell phones with the Sheriff
Ms. Seward informed the Board that the .Compensation Board has
approved two (2) additional positions (deputy and court. service) for the ~'
Sheriffs Department beginning in July, .2000, in addition to the two (2)
additional part-time dispatcher positions.
Chairman Bradshaw requested Ms. Seward, in conjunction with Lyle
Hornbacker, GIS Coordinator, provide the Board with a chart illustrating the
increase in staffing for Constitutional Officers' personnel.
Chairman Bradshaw requested the County Administrator schedule a
work session with the Sheriff to discuss his personnel needs.
Supervisor Clark recommended that two (2) Planner positions within
the Department of Planning and Zoning be funded this year by the County.
Ms. Seward discussed the timing of the Capital Budget. .She noted
that on July 1, 2000 there would be no funding for capital projects which
had been funded this year, but not completed.. She noted she would come
back to the Board with appropriation resolutions for these projects in order
to keep them on schedule until the Capital Budget is adopted.
Supervisor Bradby moved the. Board continue. its meeting until 6:00
p.m. on June 13, 2000 for the purpose of meeting with the Sheriff and
discussing the Capital Improvements Program. The motion was adopted
unanimously (5-0).
//
h' p A. Bradshaw, Chairman
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