10-05-2000 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF OCTOBER IN .THE YEAR
TWO THOUSAND
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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 Caskey, County Administrator
Donald T. Robertson, Assistant
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 Clark.
The .Pledge. of Allegiance was conducted
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Chairman .Bradshaw reminded the public that the .Guidelines for
Citizens Comments take effect this meeting which require all citizens
interested in speaking to sign up prior to the Citizens Comments section of
the agenda. He stated the sign up sheet is located at the podium and names
will be called in order of sign-up for citizens to speak. He noted citizens not
signed up, but wishing to address the Board must be do so at theconclusion
of the meeting, if time allows. He stated each speaker will be limited to five
(5) minutes under Citizens Comments and if there are groups speaking
before the Board on a particular subject, he would ask that. only three. (3)
spokespersons sign up.
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Chairman Bradshaw called for Special Presentations..
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Dan Miles, Director of .Operations, and. Amy .Hardy, Southeastern
Public.Service Authority, briefed the Board on the post closure groundwater
monitoring requirements .related to the County landfill. County
Administrator Caskey distributed a report on what has transpired over the
last several .years regarding the landfill closure.
Frank Staley, Charter :Communications,. reported that Charter will
• finish the cable system rebuild in the County in 2001 and digital cable
services will be activated at that time. Regarding the Settlement Agreement,
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Mr. Staley advised that he would provide the County Attorney with a written
response by next week..
Danny Carroll, Executive Director, Isle of Wight-Smithfield-Windsor
Branch of the .YMCA, distributed. a Phase I and Phase II proposal. He
requested.. approval to move forward with the Phase I expansion of the
YMCA facility located at the old Smithfield High School, with the
understanding Phase II will follow as soon as the funding is in place.
County Administrator Caskey advised the Board that students from.
Virginia Tech are currently working on a master plan design for that campus
which is anticipated to be complete sometime in December of 2000 or
January of 2001.
Supervisor MacManus advised Mr. Carroll that the Board could not
take action on the request until it receives the master plan from Virginia
Tech.
Kip White; American Tower Corporation, addressed the Board on the.
status of the construction of a new telecommunications tower to be located
at the Public Works Compound. He advised approval by the FAA was
received last Friday; that the new tower has been ordered; foundation
designs will be received next. week; and, construction shall begin within
thirty (30) days with completion. anticipated by the end of the year.
Mike Alexander, representing the Carrollton Civic League, the Isle of
Wight Citizens Association and the Rescue Community League, addressed
the Board on an alternative Northern Development Service District concept.
Barbara Mease, Executive Director, The Children's Center, addressed
the Board concerning various options for the location of a Center in the
Smithfield area.
Chairman Bradshaw noted that the County has a County committee
and .students from Virginia Tech that are working on a master plan design.
Supervisor MacManus stated the Board must be fair and equitable about
how the County does. things and he believes the Board should have the same
ruling with this request as with the YMCA to have The Children's Center
work with the current County and Board committee.
Chairman Bradshaw noted that the Board directed the Committee with
Alan Nogiec as Chairman to report to the Board on a recommendation
regarding the long-term use of the property. He noted the Board could either
direct the County Administrator to review the direction the Board gave the
Committee or the Board. can make another motion today to reinstate what
the Board's desire is with that Committee.
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Supervisor MacManus stated there are a lot of parking needs in this
area during the evening and even though the proposed parking space for the
center is being located at the back .of the property furthest away from the
college campus, there is some argument that could be made that the parking
would have more value. if The Children's Center was moved up to the front
of the lot. He noted he is not comfortable with taking any type of action on
this without some type of study.. He recommended that The Children's
Center be included in the group that is currently workingwith Mr. Nogiec so
that The Children's Center is part of the future of that campus and that the
best arrangements be made as possible.
Mrs. Mease advised that if The Children's Center is not able to give
the Federal Government construction documents in sufficient time to be
opened next September, then the money would not be available.
Supervisor Claud noted the Board would have the results in thirty (30)
days from the study. He-asked Mrs. Mease if it would suffice if the Roard
could advise at that time that the County could provide The .Children's
Center with space on this lot, although the exact location on the lot is not
determined at this point.
Mrs. Mease advised she thought this would work.
Supervisor Claud moved the Board include The. Children's Center in
-the committee. chaired by Alan Nogiec with other users associated with that
property. In the meantime, County Administrator Caskey was directed to
fax to Virginia Tech information on the Children's Center. 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 indicated the following Consent Agenda included
Items 2, A through G, and asked if there were any items for removal:.
A. 1997A General Obligation Water and Sewer Bonds
B. Leadership Isle of Wight Program
C. Addition of Certain Roads in Quail Meadows Subdivision
and Carrollton Meadows Subdivision to the Secondary
System
D. CSA Case Management Reviews
. E. Wooden Beam from Millpond Area
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DQQrt ~'J ~N..r i•JV
F.. August 30, 2000 Called Meeting Minutes
G. September 7, 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, Supervisor Claud- reported
that he and the County Administrator attended the retreat on September 22na
and 23~d~ He noted discussion focused on the suggestion that a group be
formulated, both public and private,. to create a vision for the Hampton
Roads region.
Regarding the Hampton Roads Economic Development Alliance,
Chairman Bradshaw reported that the. Director of Economic Development
was .not able to attend the meeting. held last week.
Regarding the Mayors and Chairs Caucus, Chairman Bradshaw
reported that. the Mayors and Chairs Caucus did not meet in the month of
September.
Regarding. the Southside Mayors and Chairs, Chairman Bradshaw
reported that the Southside Mayors and Chairs did not meet in the month of
September.
Regarding the Hampton Roads Planning .District Commission,
Supervisor Claud noted that election of officers would be held at the October
Commission meeting.:
Regarding the Southeastern Public Service Authority, Supervisor
MacManus reported that a Resolution of Appreciation to Malcolm T. Cofer
was adopted... He further reported that alternative .funding sources are being
reviewed: County Administrator Caskey distributed a package of
information that also contained a survey of SPSA services.
.Regarding the Western TidewaterRegional Jail Authority, Supervisor
Claud reported a lack of quorum for the September meeting..
Regarding the Western Tidewater Water Authority, Supervisor Claud
noted a meeting is scheduled for the third Friday of this month.
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Chairman Bradshaw called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, presented the
tentative Virginia Transportation Development Plan for FY2001-2006 for
the Board's information.
Supervisor Bradby noted that Raynor Road will be striped
Supervisor Clark inquired about the status of Yellow Rock Road and
Gayle Way.
Mr. Hartley advised he provided Mr. Nabers with a status report as
these roads relate to the Rural Addition Program.
Mr. Hartley formally introduced Bob Watkins, the new Codes.
Enforcement Officer within the Department of Planning and Zoning.
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: Chairman Bradshaw called for Citizens Comments.
Jerrianne Gardner briefed the. Board on the recent presentation by the
Sierra Club at the Rescue Community Center concerning a comparison
between two (2) counties and the different Comprehensive Plans they
adopted and the effects they had. She requested the Board members contact
the Virginia Chapter of the Sierra Club to request a copy of this presentation
for the Board and Planning Commission. Regarding the issue of the Eagle
Harbor rezoning application, specifically a letter from the County's Director
of Planning and Zoning. to the Department, of Environmental Quality
(CBLAD), Ms. Gardner requested that all documents be submitted for
review by CBLAD. She further-requested that all future projects which
contain areas near sensitive tidal and non-tidal wetlands be forwarded to
CBLAD as a routine practice..
Phil Goodwin, representing the Isle of Wight Volunteer Rescue Squad,
noted his opposition. to the proposed plan for dispatching rescue squads by
the Sheriff's Office in the .County. He requested that rescue squads remain
with the Smithfield Police Department.
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Mary Alexander requested that a fiscal impact study be done on all
proposed projects approved in the County.
Bryan Carroll, representing the Isle of Wight Volunteer Rescue Squad,
requested the Board allow him an opportunity to meet with the committee
studying dispatching of rescue squads before the Board makes its decision.
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Rebecca Sabino spoke in favor of the. nomination of Ragged Island
Creek as an exceptional .waterway. She requested the .Board deny the
Special Use Permit for the Eagle Harbor development.
Bill Hayes speaking on the issue. of dispatching of .rescue squads,
requested the Board consider that the Sheriffs ORice already has two (2)
radios (dispatch consoles) and Chief Marshall has only one (1). He
requested the Board look into the, cost feasibility of adding a new radio at
the Smithfield Police Department.
Grace Keen requested Chairman Bradshaw be .present at the tree
planting on October 14~' at 10:00 a.m. in Carrsville; Supervisor Bradby be
present on October 21 S` at 10:00 a.m. at Hardy Elementary. School;
Supervisor Claud be present. on October 28th at 10:00 a.m. at the Windsor
Elementary School; and Supervisor Clark be present on November 4~' at
10:00 a.m. at the Carrollton Elementary School.
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Chairman Bradshaw called for the Community Development report
Chairman .:Bradshaw called for consideration of the
Jamestown/Camptown CDBG Community Improvement Grant -New
Housing. Production.
County Attorney Crook .advised he has reviewed and made. the
necessary changes to the Agreement and he recommends it to the Board for
approval.
Supervisor Clark moved the Board approve the Agreement and
authorize the County Administrator 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.
Chairman Bradshaw presented the pre-contract requirements for the
flood reclamation project.
County Attorney Crook advised he recommends as to form the
certification and plan.
Supervisor Claud moved the Board adopt the Fair Housing
Certification and the Residential Anti-Displacement and Relocation Plan
and authorize the County Administrator 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.
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Mr. Hartley distributed a request to begin spending .funds in
anticipation of approval of an urgent needs grant. He requested the Board
authorize the County Administrator to sign the contract subject to staff's
feeling that the grant is forthcoming based on today's contract negotiations.
Responding to Supervisor MacManus' inquiry if the County Attorney
has had the opportunity to review the matter, County Attorney Crook
advised that he has. not, reviewed the matter..
Supervisor MacManus moved the Board authorize the County
Administrator to sign the contract subject. to staffs feeling that the grant is
forthcoming based on today's contract negotiations and that such motion. is
contingent upon the review and recommendation of the County Attorney and
staff' 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 noted the County received a grant for $51,000 to
make certain improvements at Tylers Beach Boat Harbor. He noted the
grant was contingent~upon matching funds and technical assistance from the
Army Corps of Engineers.
Mr. Hartley advised the County has been advised by the Army Corps
of Engineers that there are no funds and the technical assistance is not
available to the County as previously thought.
Supervisor Bradby noted that the. loading dock is becoming hazardous
to the public.. He further noted if the. dock has to be closed down to the
public, this would create a hardship for the watermen utilizing the facility.
Chairman Bradshaw requested that Supervisor Bradby, the County
.Administrator and the Director of Planning and Zoning, in conjunction with
DCR, make a recommendation to the Board concerning its .deteriorating
condition and funding options .for its improvement.
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Chairman Bradshaw called for the Public Utilities report
E. Wayne Rountree, P.E., Director of Public Utilities, provided the
Board with a status report of fluoride exemptions. He noted the State Health
Department has. been mandated by the EPA to wend expiration dates on the
fluoride exemptions issued in the early 1980s. He stated the ramification
that will have on the County and. the various private water systems in the
County could be significant. He advised there are fiffiy-nine (59) community.
.water systems in the County, of which the County owns eighteen (18). He
fated of the fifty-nine (59) systems, .twenty-two (22) will be in violation of
the fluoride standard. He stated of these twenty-two (22), seven (7) of the
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County systems are affected. He stated. the Health Department .is requiring
.that any system that. is over four (4) parts per million must .come into.
compliance and bring their fluoride down below two (2) parts per million:
He provided the ,Board with general options for .how the County might.
comply with the fluoride standard on the seven (7) .systems. He advised that
all systems out of compliance will be issued a notice of violation by the
Health Department and the Health Department will begin meeting with the
owners of these systems trying to negotiate compliance consent orders
assisting with determining how compliance might be accomplished.
Chairman Bradshaw suggested Mr. Rountree begin discussions with
the Western Tidewater Water Authority and the surrounding localities.
Supervisor MacManus .requested additional background information,
i.e., a copy of the August 9, 20001etter explaining what a violation's impact
to the County would be in the form of fines. He further requested that Mr.
Rountree. place this matter on the agenda as a regular report and that this
information be placed on the County's web site.
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Chairman Bradshaw called for the Economic Development report:
There was no report offered for discussion.
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Chairman Bradshaw called for the Parks and Recreation report
Alan S. Nogiec, Director of Parks and Recreation, addressed the issue
of the conversion of the Camptown park property due to construction of the
Route 260 Connector.. He noted staff has made a suggestion to VDOT for
the conversion of such property. He recommended the Board authorize the
request for the conversion.
Supervisor Claud moved the Board authorize the County
Administrator to make a formal request to VDCR for their approval of this
conversion of property, if VDOT accepts the condition of the screening.
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 requested that the Director of Parks and
Recreation coordinate with. the .Director of Public Utilities on .the sewer
system.
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Chairman Bradshaw called for the County Administrator's report.
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Richard O. Childress, Director of Emergency Management, referenced
the report contained in the agenda pertaining to the Central Dispatch
Committee. He noted the report contained the recommendation from the
Fire and Rescue Association, the resolution from the Town of Smithfield
and the minutes containing the recommendation of the Town of Windsor.-
He noted the Fire and Rescue Association recommended that the Smithfield
dispatch center be supplemented with personnel and equipment. He noted
the resolution from the Town of Smithfield :recommended supplementing
Town of Smithfield dispatching .with. personnel and equipment. He noted
the Town of Windsor recommended the County. move towards central
..dispatching. He stated ~ the Committee recommends supplementing the
Sheriff's Department with. personnel and making adjustments to get the
second console operational... He stated the Central Dispatch Committee
recommended continued meetings to plan for afull-centralized dispatching
concept. He stated the anticipated cost for moving to a fully centralized
dispatch facility with adequate personnel, upgraded equipment is anticipated
to be between 5 (five) million and. 7 (seven) million dollars. He stated
included in each of the recommendations are suggestions for raising revenue
to help. pay for the cost of running the 911 center..
Chairman Bradshaw pointed out that the membership of the Isle of
Wight Rescue Squad voted against moving the medical dispatch out of the
Town of Smithfield to the Sheriff's Office. He also noted the Fire and
Rescue Association voted the same way.
Sheriff Charles W. Phelps advised that once the Sheriff's Office is
eliminated from the dispatching system, compensation funds are eliminated.
He noted that as long as the proposed five (5) dispatching .positions stay
under the control of the .Sheriff's Office, then the funding is available. He
noted that this recommendation avoids additional cost of installing an
additional console in Smithfield and if the County employs four (4)
individuals to work in Smithfield then the County would still only have one
(1) person answering the 911 calls at the Sheriff's Office.
Supervisor Clark noted he needed additional. time to review the matter
as he has not had the opportunity to speak-with certain individuals on the
issue.
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Supervisor MacManus noted that he has had the. opportunity to speak
with the Chief of Police and the Town Manager of Smithfield who support`
the Committee's decision to move the central dispatch. of the EMT services
to the Sheriff's Office. He stated the County needs to move forward as
quick as possible to get some type of .central dispatch in place and not
everyone is going to be happy with the outcome. He stated that while the
Town of Smithfield originally .adopted a resolution to bring the dispatchers
into their offices, the .Town has reversed its position and supports the
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Committee's decision. He stated he is. willing to support the. Committee's
recommendation for ashort-term fix.
Chairman Bradshaw. stated that while a resolution to thin problem is
needed as soon as possible, his concern is with long-term. with the County
and right now he can`t see what can be done on the long-term.
Supervisor MacManus stated.. the County does not have very good ;~
numbers at this point from the Committee as to long-term options and the
County does need along-term. vision that is clearer than what was provided
by the Committee. He suggested an outside .consultant that could provide
the County with a better vision with true cost estimates is what the Board
needs to move forward. He suggested the Board move forward for the short-
term and consider the hiring of such. a consultant to take the Committee's
report and provide the Board with a clearer vision.
Supervisor Claud stated the plan of the Board is to move in the
direction of centralized dispatching and he sees this as a phase way to
accomplish this. He stated he agrees with. moving the dispatchers to the
Sheriffs Office and leave it under the Sheriff because it makes sense for
them. all to be under one level of supervision: He .stated. he is supportive of
moving on in the short-term, but the Board needs a clearer picture of the
long-term solution, i.e., how long it will take to get there and what. are the
alternatives for. paying. for it. He asked the Committee to look at the.
additional expense of having the Smithfield Fire Department come into the
dispatch center, as well as all of the other emergency services in the County
so that they would all be in one (1) place.
Supervisor Clark stated the Fire and- Rescue Association opposes the
recommendation for some reason and when the Board met with the
Association, the Board noted it would do everything it could to back the
Association and if the Board votes on this without hearing from the
Association when. the Association has .gone on record as opposing. the
recommendation, he believes it would be more credible in the Association's
eyes if the Board at least lets their representative address the Board.
Supervisor. MacManus stated the Board does want to keep up a
positive relationship with .the Association and. he would be in favor if the
Board deferred action on the matter.
Supervisor Claud commended-the Committee for reaching a consensus
on what is best for the County:
Supervisor Bradby requested .staff to elaborate at the Board's next
meeting on the .advantages that this system would offer in comparison to
.what the County presently has.
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Chairman Bradshaw stated the dispatchers would be reporting to Mr.
Childress, however, the day-to-day operations would be under the direction
of the Sheriffs Office.
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Mr. Childress stated for day-to-day scheduling the employees would
be directed by the Sheriff's Office.
Chairman Bradshaw requested this. be written and signed by each.
member of the Committee, including the Sheriff, the Smithfield Chief of
Police,. the Smithfield Town Manager and the Windsor Town Manager, that
this is a short-term approach and that once the dispatching is over that those
employees will be moved along with the dispatch employee to the central
dispatching office. He requested this. be accomplished within the next
meeting so that he has a thorough understanding of what is being done.
Supervisor Clark moved the Board .direct the Director of Emergency
Management to present this matter to the Board. at its October 19, 2000
meeting for action at .that time. 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 that the proposal. be represented to the
Fire and Rescue Association for its consideration and that their
recommendations will be presented. at the same time Mr. Childress brings
the matter back to the Board, .The members of the committee are directed to
look at the additional expense of making- changes so that .the Smithfield Fire
Department may become a part of a central dispatch operation and draft an
agreement on what this plan is detailing regarding the dispatchers and who
they are reporting to and that these employees will be .transferred to the
central .dispatch operation and that all. committee members will sign the
statement of agreement- which will be presented. to the Board. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw and Clark
voting in favor of the motion (4-1) and Supervisor Claud voting against the
motion.
Supervisor Claud .suggested adding the word "maybe" .rather than
"will be" because the Board does not know how the long-range will work.
Supervisor Claud noted he was in agreement with the centralized dispatch,
but that he did want to get the County in a situation that needs to get out of
..six (6) months down the road. Chairman Bradshaw indicated his motion
stands as stated.
County Administrator Caskey presented a Resolution to Appropriate
$1,103,212 From the Unappropriated Fund Balance of the General Fund to
the Isle of Wight County. School Construction .Fund for the Board's
consideration.
Supervisor Claud moved the Board adopt the following resolution;
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RESOLUTION TO APPROPRIATE ONE MILLION ONE HUNDRED
THREE THOUSAND TWO HUNDRED TWELVE DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO
THE ISLE OF WIGHT COUNTY SCHOOL CONSTRUCTION FUND
WHEREAS, during the 1999-00 budget year, the Isle of Wight County
Schools did not expend all budgeted funds allocated for the renovation of the
Windsor Middle Satellite School; and,
WHEREAS, the balance of the remaining funds in the amount of one
million one hundred three thousand .two hundred twelve dollars
($1,103,212) has been approved for. appropriation from the unappropriated
fund balance of the General Fund for the completion of the renovation of the
Windsor Middle Satellite School in the 2000-01 Capital. Budget of the
County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia. that one
million one hundred three thousand two .hundred twelve dollars
($1,103,212) from the .Unappropriated Fund Balance of the General Fund be
.appropriated to the 2000-01 School Construction Fund ofthe County of Isle
of Wight,
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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.
Anne F. Seward, Director of Budget and Finance, presented a
Resolution to Accept and Appropriate Funding From the Virginia
Department of Emergency Services for the .Board's consideration. She
noted that the $35,000 appropriation is not necessary as this amount has
already been obligated under another grant. She recommended the Board
approve the accept and appropriate resolution, but the request is also for
$35,000 from the contingency fund, which is not necessary.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
FUNDING FROM THE
VIRGINIA DEPARTMENT OF EMERGENCY SERVICES
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WHEREAS, citizens of the County of Isle of Wight, Virginia were
devastated by the effects of Hurricane Floyd; and,
WHEREAS, the County has been awarded funding in the amount of
six hundred fifty nine thousand nine hundred eighty one dollars ($659,981)
by the Virginia Department of Emergency Services; and,
WHEREAS, said funding needs to be appropriated to the FY2000-
2001 Operating Budget for Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia accept and
appropriate funding in the amount of six hundred fifty nine thousand nine
hundred eighty one dollars ($659,981), or as -much as shall be received from
. the Virginia Department of Emergency Services to the appropriate line item
in the 2000-2001 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight. is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Childress presented a Resolution to Submit an Application for
Fund to Provide Fire Training and Equipment and to Accept and
Appropriate Grant Programs Funds From the Commonwealth of Virginia
Department of Fire Programs for the Board's consideration.
County Attorney Crook stated he would review the grant during the
meeting and that the Board could approve it contingent upon his approval as
to form.
Supervisor MacManus moved the Board adopt the following
resolution and approve the mini-grant subject to the review and approval of
.the County Attorney as to form:
RESOLUTION TO SUBMIT AN APPLICATION FOR FUNDS TO
,PROVIDE, FIRE. TRAINING AND EQUIPMENT AND TO ACCEPT AND
APPROPRIATE GRANT PROGRAM FUNDS FROM THE
COMMONWEALTH OF VIRGINIA DEPARTMENT OF FIRE
PROGRAMS
WHEREAS, the ,Board. of Supervisors of the County of Isle of Wight,
Virginia has approved the grant application to the Commonwealth of
Virginia, Fire Services Board for the mini-grant funds; and,
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WHEREAS, the funds in the amount-often thousand dollars and no
cents ($10,000.00) need to be appropriated to the appropriate line item in
the FY 2000-01 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 ten
thousand dollars and no cents ($10,000.00) be appropriated to the
appropriate line item in the 2000-01 Operating Budget of the County of Isle
of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia. is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud. voting in favor of the emotion (5-0) and no
Supervisors voting against the motion.
Mr. Childress presented a Resolution to Adopt the Commonwealth of
Virginia Statewide Mutual Aid Agreement for the Board's consideration.
He noted the County Attorney has reviewed it and recommends approval.
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Supervisor Clark moved the Board adopt the following resolution:
RESOLUTION TO ADOPT THE COMMONWEALTH OF VIRGINIA
STATEWIDE MUTUAL AID AGREEMENT
WHEREAS, the Commonwealth of Virginia Emergency Services and
Disaster Law of 2000, as amended, (Title 44, Chapter 3.2 of the Virginia
Code) authorizes the Commonwealth and its. political subdivisions to
provide emergency aid and assistance in the event of a major disaster; and
WHEREAS, the statutes also authorize the State Emergency
Operations Center to coordinate the provision. of any equipment, .services,
or facilities owned or organized by the Commonwealth or its political
subdivisions for use in .the affected area .upon request of the duly
constituted authority of the area; and
WHEREAS, this Resolution authorizes the request, provision, and
receipt of interjurisdictional mutual aid in accordance with Title 44,
Chapter 3.2 of the Code of Virginia among. political subdivisions, other
authorized entities and officers within the Commonwealth;
NOW, THEREFORE, the Board of Supervisors of Isle of Wight.
County resolves that Isle of Wight County shall have the authority to
participate in Statewide. Mutual Aid in the event of emergency or disaster
in .accordance with the following terms and conditions, which shall be in
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the nature of a compact and agreement among participating entities which
have adopted similar executive orders, ordinances or resolutions. This
Statewide Mutual Aid program may include requests .for and provision of
personnel, equipment, materials, and other forms of assistance, or any
combination of assistance,. to -any entity within the Commonwealth,
pursuant to the following terms and conditions:
SECTION 1. DEFINITIONS
A. "EVENT AGREEMENT" -= a contract between two member political
subdivisions entered into at the time of emergency in which the
Assisting Party agrees to provide specified resources to the Requesting
Party under the terms and conditions specified in the Agreement.
B. "REQUESTING PARTY" -- the member political subdivision
requesting aid in the event of an emergency or disaster and participating
in the Statewide- Mutual Aid Program pursuant to the terms and
conditions of this Resolution.
1
C. "ASSISTING PARTY" -- the member political subdivision furnishing
equipment, services and/or manpower to the Requesting Party, and
participating in the -Statewide Mutual Aid Program ("the Program")
pursuant to terms consistent with those in this Resolution.
D. "AUTHORIZED .REPRESENTATIVE" -- an officer or employee of a
member political subdivision authorized in writing by that entity. to
request, offer, or provide assistance under the terms of this Resolution.
E. "DEPARTMENT" -the Department of Emergency Management.
F. "EMERGENCY" -- any occurrence, or threat thereof, whether natural,
or caused by man, in war or in peace,. which results or may result in
substantial injury or harm to the population, substantial damage to or
loss of property, or substantial harm to the environment.
G. "DISASTER" -- any natural, technological, or civil emergency that
causes damage of sufficient severity. and magnitude to result in a
declaration of a state of .emergency by the Governor or the President of
the United States:
H. "IMPLEMENTATION .GUIDEBOOK" -- .Guidance. document
promulgated by the. Department to assist member political subdivisions
with. Statewide mutual aid activities, to .provide .procedures and
minimum standards for participation, and to provide for compliance
with state and federal reimbursement requirements..
15
I. "MAJOR DISASTER" -- a disaster which is likely. to clearly exceed
local capabilities and require a broad range of state and federal
assistance.
J. "MEMBER POLITICAL SUBDIVISION" -- any political subdivision or
authorized officer or agency within the Commonwealth of Virginia
which maintains its own emergency services organization and plan and
which enacts an ordinance or resolution or promulgates an executive
order with terms substantially similar to those set out in this Resolution,
authorizing Statewide mutual aid pursuant to Title 44 of the Virginia
Code.
K, "STATE EOC" -- the .Virginia Emergency Operations Center from
which assistance to localities is coordinated when local emergency.
response and recovery resources -are overwhelmed. This .facility is
operated by the Virginia Department of Emergency Management.
SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID
When a member political subdivision either becomes affected by, or is
under imminent threat. of an emergency or disaster and, as a result, has
ofFicially declared an emergency, it may request emergency-related mutual
aid. assistance by: (1) submitting a Request for Assistance to an Assisting
Party or to the State EOC, or (2) orally communicating a request for mutual
aid assistance to an Assisting .Party or to the State EOC, followed assoon -
as practicable by written confirmation of the request. Mutual aid shall not
be requested by a member political subdivision unless resources available
within the stricken area are deemed to be inadequate. All requests for
mutual aid must be transmitted by the Authorized Representative of the
member political subdivision or ;the .Director of Emergency Management.
No memberpolitical subdivision shall. be required to provide mutual aid
unless it determines that it has sufficient resources to do so.
A. REQUESTS .DIRECTLY TO ASSISTING PARTY: The Requesting
Party may directly contact the Authorized Representative of the
Assisting Party and provide the .information in the Request Form
prescribed in the SMA Implementation Guidebook. Each Assisting
Party must communicate directly with the Requesting Party in order to
execute an Event Agreement. The Requesting Party shall be
responsible for keeping the State EOC advised of the status of mutual
aid. activities.
B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM. THE
STATE EOC: The Requesting Party may directly contact the State
EOC, in which case it shall provide .the information in the Request
Form in the SMA Implementation Guidebook. The State EOC may
then. contact .other member political subdivisions on behalf of the
Requesting Party.. .Once identified, each Assisting Party. must
16
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communicate directly .with the Requesting Party in order to execute an
Event Agreement.
C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY
. TO RENDER ASSISTANCE: When contacted by a Requesting Party,
or by the State EOC on behalf of a Requesting Party, the Authorized
Representative of any member political subdivision agrees to assess
local resources to .determine available personnel, equipment and other
assistance.
D. SUPERVISION AND CONTROL: When providing assistance under the
terms of this Agreement, the personnel, equipment, and- resources of any
Assisting Party will be under. the operational control of the Requesting
Party, which shall advise supervisory personnel of the Assisting Party of
work tasks, for assignment to personnel. Direct supervision and control
of personnel, equipment and resources shall remain with the designated
supervisory personnel of the Assisting Party. The designated supervisory
personnel of the' Assisting Party shall: maintain daily personnel time
records, material records, and a log of equipment hours; be responsible
for the operation and maintenance of the equipment and other. resources
furnished by the Assisting Party;. and shall report work progress to the
Requesting Party: The Assisting .Party's personnel and other. resources
shall remain subject to recall by the Assisting Party at any time, subject
to reasonable notice to the Requesting Party. At least twenty-four hour
advance notification of intent to withdraw personnel or resources shall be
provided to the Requesting Party unless such notice is not practicable, in
which case such notice as is reasonable shall be provided.
E. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically
instructed otherwise, the Requesting Party shall have the responsibility
of providing food and housing for the personnel of the Assisting Party
from the time of their arrival at the designated location to the time of
their departure. However, Assisting Party personnel and equipment
should be, to the greatest. extent possible, self-sufficient while working
in the emergency or disaster area. The Requesting -Party may specify
only self-sufficient personnel and resources in its request for assistance.
F. COMMUNICATIONS: Unless specifically .instructed otherwise, the
Requesting .Party shall :have the responsibility for coordinating
communications between the personnel of the Assisting Party and the
Requesting Party. Assisting Party. personnel should be prepared to
furnish communications equipment sufficient to maintain
..communications among their respective operating units..
G. RIGHTS AND PRIVILEGES: Whenever the officials, .employees and
volunteers of the Assisting :Party are rendering aid pursuant to this
Agreement, such employees shall have the powers, duties, rights,
17
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privileges,. and immunities, and shall receive the compensation,..
incidental to their employment or position.
H. TERM OF DEPLOYMENT: The initial duration of a ,request for
assistance is normally seven days and may be extended,. if necessary, in
seven day increments. However, the duration may be shorter or longer
as reflected in the Event Agreement.
I. SUMMARY REPORT: Within ten days of the return of all personnel
deployed under SMA, the Requesting Party will prepare. a Summary
Report of the. event, and provide copies to each Assisting Party and to
the Department. The Report shall be in a format prescribed by the
Department and shall include a chronology of events and description of
personnel, equipment and materials provided by one party to the other.
SECTION 3. REI__MBURSABLE EXPENSES
The terms and. conditions governing reimbursement for any assistance
provided pursuant to this Resolution shall be in .accordance with the
following provisions, unless otherwise agreed upon. by the. Requesting and
Assisting Parties and specified in the Event Agreement.
A. PERSONNEL: During the period of assistance, the Assisting Party shall
continue to pay its employees according to its then prevailing ordinances,
rules, and regulations. The. Requesting Party shall reimburse the
Assisting Party for. all direct and indirect payroll costs and expenses
(including travel expenses, benefits, workers' compensation claims and
expenses) incurred during the .period of assistance, unless agreed to
otherwise by the parties in the. Event Agreement.
B. EQUIPMENT: The Assisting Party shall be reimbursed by the
Requesting Party for the use of its equipment during the .period of
assistance according to either apre-established local or state hourly rate
or according to the actual replacement, operation, and maintenance
expenses incurred.. For those instances in .which some costs may be
reimbursed. by the Federal .Emergency Management Agency, the eligible
direct costs shall be determined in accordance with 44 CFR 206.228, or
other regulations in effect at the time of the.. disaster. -Each Party shall
maintain its own equipment in safe and operational condition. At the
request of the Assisting Party, fuels, miscellaneous supplies, and minor
repairs may be provided by the Requesting Party, if practical If the
equipment charges are based on apre-established local or state hourly
rate,. then these charges to the Requesting Party shall be reduced by the
total value of the fuels, supplies, and repairs furnished by the Requesting
Party and by the amount of any insurance proceeds received. by the
Assisting Party.
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C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed
for all materials and supplies furnished by it and used or damaged during
the period of assistance, except for the costs of equipment, fuel and
maintenance materials, labor and supplies, which shall be included in the
equipment rate :established above, unless such damage is caused by gross
negligence, or willful and wanton misconduct of the Assisting Party's
personnel. The measure of .reimbursement. shall be .determined in
accordance with 44 CFR 206.228 or other regulations in effect at the time
of .the disaster.. In the alternative, the Parties may .agree that the
Requesting Party will replace,. with like kind and quality as determined
by the Assisting Party, the materials and supplies used or damaged. ~If
.such an agreement is made, it shall be reduced~to writing and transmitted
to the Department.
D. RECORD KEEPING:. The Assisting Party shall maintain records and
submit invoices for reimbursement by the Requesting Party in accordance
with existing policies and practices. Requesting Party and Department
finance personnel shall provide information, directions, and assistance for
record. keeping to Assisting .Party personnel. Later, Department
personnel will provide assistance to the Requesting Party in seeking
federal/state reimbursement.
1
E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall
bill the Requesting Party .for all reimbursable expenses with an itemized
statement as soon as practicable after the expenses are incurred, but not
later than sixty (60) days following the period- of assistance, unless the
deadline for identifying damage is extended in accordance with
applicable federal or State regulations. The Requesting Party shall pay
the bill, or advise of any disputed items, not later than sixty (60) days
following receipt of the statement, unless otherwise agreed upon.
F. WAIVER OF REIMBURSEMENT: A member political subdivision. may
assume or donate, in whole or in part, the costs associated with any loss,
damage, expense or use of personnel, equipment and resources provided.
SECTION 4. INSURANCE
A. WORKERS' COMPENSATION COVERAGE: Each member political
subdivision shall be responsible for its own actions and those of its
employees and is responsible for complying with the Virginia Workers'
Compensation Act.
1
B. AUTOMOBILE LIABILITY COVERAGE: Each member political.
subdivision shall be responsible .for its. own actions and is responsible
for complying with the Virginia motor vehicle financial responsibility
laws. Member political subdivisions agree to obtain automobile
liability coverage with a limit. of at least $1,000,000 combined single
" limit and coverage for owned, non-owned, and hired vehicles. It is
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understood .that the local government .may include in -the emergency
response volunteer companies that have motor .vehicles titled in the
name of the volunteer company. It is the responsibility of each member
political subdivision to determine if the volunteer company has
automobile liability coverage as outlined. in this section.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW
ENFORCEMENT LIABILITY: To the extent permitted by law. and
without waiving sovereign immunity, each .member political
subdivision shall be responsible for any and all claims, demands, suits,
actions, damages, and causes for action related to or arising out of or in
any way .connected with its own actions, and the actions ofits personnel
in providing mutual aid assistance rendered or performed' pursuant to
the terms and conditions of this Resolution. Each member political
subdivision agrees to obtain general liability, public officials liability
and law enforcement.liability, if applicable, with minimum single limits
of no less than one million dollars.
SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY
MANAGEMENT
The Department shall, during normal operations, provide staff support to
political subdivisions, officers and authorized agencies, serve. as the central
depository for agreements, resolutions, ordinances and ..executive orders,
maintain a current listing of member political subdivisions, and provide. a
copy of this listing to each on an annual basis. The -State EOC shall,
during emergency operations, (1) request mutual aid on behalf of a
member political subdivision, under the circumstances identified- in this
Agreement, (2) keep a record of all Requests for Assistance and
Acknowledgments, {3) report on the status of ongoing emergency or
disaster-related mutual aid as appropriate, and assist participants. in
meeting all procedural and other requirements, including those pertaining
to federal and statecost reimbursement.
SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER
RESOLUTIONS
Should any portion, .section, or .subsection of this Resolution be held to be
invalid by a court of competent jurisdiction, that .fact shall not affect or
invalidate any other portion, section or subsection; and the remaining
portions of this Resolution shall remain in full -force and effect without
regard to the section, portion, or subsection or power invalidated. In the
event that any parties to this Resolution have entered into other.mutual aid
agreements, those parties agree that said agreement will remain in effect
unless they conflict in principle with this Resolution in which case they are
superseded by this Resolution. In the event that two or more parties to this
Resolution have not entered into another agreement, and. the parties wish
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to engage in mutual aid, then the teams and conditions of this Resolution
shall apply between those parties.
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 presented an Amendment to the Agreement
between. the County and the Virginia Department of Health. He noted the
County Attorney has reviewed the amendment and recommends the Board's
approval.
Supervisor Claud moved the Board adopt the Amendment to .the
County and the Virginia Department of Health. 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 presented an agreement for FY01 Senior Services
of Southeastern Virginia. He noted that the County Attorney. has reviewed
the agreement and. recommends the Board's approval.
1
Supervisor MacManus moved the Board adopt and authorize the
County Administrator to sign the FY2001 Amendment to the Senior
Services of Southeastern Virginia Agreement. 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 presented a request for closure of certain streets
for the Windsor High School Homecoming Parade.
Supervisor Claud moved. the Board approve the request of Windsor
High School to close. North Court- Street, A Street, Duke Street and Church
Street for one (1) one hour on October. 6, 2000 for its Homecoming Parade.
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 .updated the Board on mosquito testing and trapping in
the County. He noted the testing. is ongoing, however, most of the.
mosquitoes are being trapped in the County. He stated` that none of the
mosquitoes caught tested positive for any type of viral infection. He noted
additional testing is necessary .and. the Health Department has offered to
address the Board on this matter in the future should the Board desire.
Supervisor Clark requested that Mr. Robertson place this information
on the web site for public perusal
21
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Mr. Robertson presented the County's proposed 2001 legislative
priorities list for the Board's consideration. He noted he anticipates the
Income Distribution to be a major topic of discussion at the VACo
conference.
County Administrator Caskey distributed copies of VACo's draft
FY01 legislative. program and policy statement which was received this
week.
Chairman Bradshaw requested Mr. Robertson include as an item in
the agenda a list of specific issues at the. Board's. first meeting in November
so that the Board can review and narrow down the issues.
Supervisor MacManus moved .that the .Board .direct the Assistant
County Administrator to contact the School Board and Social Services and
request that their proposals be bought to the Board for inclusion in the
County's proposals... 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 recommended the. Board designate a
voting. delegate for VACo's annual meeting.
Chairman Bradshaw moved the Board designate Supervisor Claud as a
voting delegate and .Supervisor MacManus as an alternate delegate. 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 requested the Board consider a date for
its Retreat..
Supervisor MacManus moved that the Board hold its retreat in January
of 2001 at the Smithfield Center and that staff bring back a proposed agenda
in November 2000 with a major emphasis on planning. .
County Administrator Caskey requested the Board members to
provide him with a listing of major issues they wished to make a part of the.
Retreat agenda.
Mr. Robertson presented a request from the Carrsville Volunteer Fire
Department requesting that the Sheriff's DARE van be transferred to them
for their use.
Supervisor Claud moved that the Board direct the Director of Budget
and Finance bring back an appropriate resolution transferring. the DARE van
to the. Carrsville Volunteer Fire Department. The resolution. is to be placed
under. the Consent Agenda.. .The motion was adopted with Supervisors.
22
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey notified the Board that the School Board
are declaring certain modular units as surplus. He requested the Board's
permission to examine the units for possible use by the County at the
Courthouse.
Supervisor Claud -moved the Board authorize the County
Administrator to examine the units to determine if the County has a need for
one (1) unit to be placed on the. Courthouse complex. 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' requested the Board members to advise
his office if they. do not receive their registration confirmations for the
VACo Conference.
County Administrator Caskey noted two (2) County .informational
brochures would be mailed out in the October, 2000 tax bills.
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook noted he forwarded earlier to the Board
members a copy of the Cash Proffer Policy Resolution for their review. He
requested the Board authorize him to advertise it for public hearing:
Supervisor MacManus moved the Board authorize the County
Attorney to advertise the resolution for public hearing. 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 distributed a copy of an agreement. between
the County and the. selected consulting firm for the Hotel Feasibility Study.
He stated the Scope of Work is what was asked for in the RFP and the
contract was negotiated. for a fixed lump sum fee of $27,500. He
recommended the Board approve the agreement.
Supervisor MacManus moved the Board. approve the agreement
between the County and the selected consulting firm for the Hotel
Feasibility Study in the amount of $27,500. 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.
23
County. Attorney. Crook stated he and the County Administrator met
and discussed the matter of redistricting. He advised that the schedule that
follows 1991 would be that the County would receive the census data in
January and February of 2001. He stated by April of 2001, the plan for the
Board should be approved. He asked if the Board wished to have a
committee of citizens involved in the redistricting process and, if so, to
appoint the citizen committee to work with staff in this regard.
Chairman Bradshaw noted he liked the idea of having a citizens
committee and he would like for the Registrar or a representative from the
Electoral Board be involved inthe process.
Supervisor Claud suggested that the Board appoint a committee at its
first meeting in November to become familiar with. the process and review
the options. He stated two (2) members from. each of the five (5) districts is
fair.
Supervisor MacManus noted he could support two (2) representatives
from each district.
Supervisor Clark stated his proposal was two (2) representatives from
the Newport District and two (2) from the Smithfield and one (1) from each
of the other districts. He noted the smaller the size of the group, the easier it
..will be for the group to meet.
Chairman Bradshaw recommended proceeding with setting up a
committee and a charter on what the Board wants the Committee to do.
Chairman Bradshaw. moved the Board direct the County Attorney and
County Administrator to report to the Board at .its November 2, 2000
meeting on a proposed draft of a charter or mission statement for the
appointment of a citizens committee to review redistricting in 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 noted he had several matters for closed session
later in the meeting.
//
Chairman Bradshaw called for Old Business.
Chairman Bradby called for consideration of the nomination of
Ragged Island Creek as an exceptional waterway.
Supervisor MacManus moved the Board table consideration of the
matter until the Board's October 19, 2000 meeting in order. to arrange for a
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presentation by DEQ staff. 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.
Following inquiry from Supervisor MacManus, County Attorney
Crook advised that he has not received the deed for Yellow Rock Road, but
that he would follow-up with another letter to the attorney for the landowner.
Following an inquiry from Supervisor MacManus regarding the status
of the Video Teleconferencing Block Grant, Mr. Robertson .advised the
Board that. staff has. submitted the necessary information to the State and
representatives from the State need to perform a site visit.
Following an inquiry from Supervisor MacManus on the status of the
engineering services ordinance. amendment, .County Attorney Crook advised
that the zoning ordinance amendment is being advertised for public hearing.
by the Planning Commission in November.
Following a request from Supervisor MacManus for copies of the
Development Service Districts maps, Mr. Hartley advised that copies would
be provided to the Board. Mr. Hartley further noted he would provide the
Board with copies of the draft Comprehensive Plan by the end of next week.
Supervisor Claud reported that the Telephone Committee had met
with representatives of Verizon several weeks ago and discussed proposed
plans effective the end of June, 2001. He noted additional data would be
forthcoming from Verizon with a mailing to all customers in the various
telephone exchanges.
Following a request .from Supervisor .Claud that: the application for
Windsor Woods needs to be heard by the Planning Commission by
December of 2000 due to proposed annexation, Mr. Hartley advised that the
matter would be considered at the Planning. Commission's meeting in
November, 2000.
1
Following a request by Supervisor Clark that CBLAD comment on the
Water Quality Assessment for Eagle Harbor, Mr. Hartley noted he would
provide the Board at its October 19, 2000 meeting a package of information
as to the status in terms of proffered conditions, what the County has
approved thus far (and not approved), what has been submitted in terms of
.development proposals. for this project.
//
Chairman Bradshaw called for New Business.
Supervisor Claud noted that with the problem the County has been
experiencing with houses. being built on lots that did not conform with the
25
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site plan and within the RPAs, he has requested the County Administrator
develop a method by which the County can ensure-that residential properties
are. developed in compliance with site plans and the Chesapeake Bay
Preservation Act before it is completed.
In response to a number of citizens concerns about noise and the
wakes of boats on Jones Creek, particularly from the Jones Creek Landing
down to the Rescue Bridge, Supervisor Clark moved the Board direct staff
to provide the. Board. with the history of the previous "No Wake Zone"
which was rescinded and that the County Attorney prepare an amendment
for public hearing by the Board to amend the "No Wake" ordinance. to
include a .distance from the current .location (1,000 feet from the Rescue
Bridge) up to Jones Creek Landing. The.. motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (S-0) and no Supervisor voting against the motion.
Supervisor Claud requested that citizens' comments be forwarded to
the Board for appropriate action by the Board at following meetings.
County Administrator Caskey noted that the Board is provided with an
Action List following each Board meeting for review. and action, as
necessary.
//
Chairman Bradshaw called for Appointments.
Supervisor Bradby moved the Board appoint Shirley Short, replacing
Laura Redlin, representing the Hardy District, on the Events Committee.
The motion was adopted unanimously (S-0).
Supervisor Claud moved the. Board reappoint W. L. Jones,
representing the Windsor District, on the Board of Building Appeals. -The
motion was adopted unanimously (S-0).
//
Supervisor Claud requested a closed session under Section 2.1-344 Al
of the Freedom of Information Act concerning one (1) specific personnel
matter involving evaluation and pay.
Supervisor Clark requested a closed session under Section 2.1-344 A3
of the Freedom of Information Act concerning advice of counsel on
acquisition of property for public purposes.
County Attorney Crook requested a closed session under Section 2.1-
344 AS of the Freedom of Information Act concerning. a matter involving
industrial expansion that has not been. previously publicly announced. He
26
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further requested a closed. session under Section 2.1-344 A7 involving
advice of counsel on potential or actual litigation and under Section 2.1-344
A7 involving two (2) matters requiring advice of .legal counsel which .are
dealing with negotiations on contracts for. the County.
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.
.Chairman Bradshaw left the meeting during closed session and did not
return. Vice-Chairman Bradby presided over the meeting.
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, 2.1-344.1 D 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, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 1
' I ABSENT DURING MEETING: o
The motion. was adopted with Supervisors MacManus, Bradby, Clark and
Claud voting in favor of the motion (4-0) and no Supervisors voting against the
motion. Chairman Bradshaw was absent for the vote.
27
Supervisor MacManus .moved that a policy be established for the ~ _
County that if the Planning and Zoning Department has to meet with.
developers that have legal representation that County staff also have legal
representation at that meeting and .not to conduct meetings and phone calls
where the developer has legal representation. The motion. was adopted with
.Supervisors MacManus, Bradby, Clark and Claud voting in favor of the
emotion (4-0) and no Supervisors voting against the motion.
Supervisor Claud moved the Board support Chairman Bradshaw as a
Director for VACo Region II for the next. two (2) years and that
correspondence be sent to everyone in Region II requesting their support of
Chairman Bradshaw as a Director for Region II. The motion .was adopted
with .Supervisors MacManus, Bradby, Clark and Claud voting in favor of the
motion (4-0) and no Supervisors voting against the motion.
/! .
At 6:45 p.m., Supervisor Clark moved the Board adjourn. The motion
was adopted unanimously (5-0).
P ip A. Bradshaw, Chairman
W. Dougl C key, Clerk
28