11-06-2000 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark
Richard K. MacManus
.Also-Attending: H. Woodrow Crook, Jr., CountyAttorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
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 MacManus.
. The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for .Special Presentations.
Chairman Bradshaw presented a Resolution of Appreciation to
Ludford T. Creef, III for his years of service to the County .that was adopted
at the Board's previous meeting.
Supervisor Bradby thanked Mr. Creef for his foresight in developing a
convenience center in the Wrenn's Mill Estates Subdivision that has been an
asset for the area.
Chairman Bradshaw presented to. David G. Carroll a Resolution to
Recognize and Congratulate David G. Carroll for Achieving the Rank of
Eagle.. Scout.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
DAVID G. CARROLL
FOR ACHIEVING THE RANK OF EAGLE SCOUT
.WHEREAS, David G. Carroll is a member of Boy Scouts of America,
Troop 7 in Isle of Wight County, Virginia; and,
WHEREAS, Mr. Carroll has achieved the rank of Eagle Scout; acrd,
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WHEREAS, Mr. Carroll designed and constructed a peacock cage at
historic Fort Boykin as his Eagle Scout project; and,
WHEREAS, the peacock cage will provide a safe haven as well as a
place for the peacocks to hatch their chicks; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate David G. Carroll for his achievement.
NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that David G. Carroll is recognized and congratulated for achieving the rank
of Eagle Scout.
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 formally introduced Donald Long, the
new Public Works Director.
Lieutenant George Shannon, Department of Game and Inland
Fisheries, briefed the Board on the regulations for No Wake Zones.
.Supervisor MacManus moved the Board direct .staff to arrange a
meeting with Virginia Institute of Marine Science (VIMS) so as to obtain
information on where No Wake .Zones. would be most beneficial to 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.
Supervisor Clark indicated a desire to be included in the meeting
between staff and representatives. of VIMS.
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Chairman Bradshaw indicated the following. Consent Agenda- included
Items 2, A through C, and asked if there were any items for removal:
A. Western Tidewater Community Services Board Recognition
B. Proclamation Declaring November 15, 2000 as GIS Day
C. October 5, 2000 Regular Meeting Minutes
Supervisor Bradby moved the Board adopt all items of the. Consent.
Agenda.. The .motion was adopted with Supervisors MacManus, Bradby,
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Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting. against the motion.
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Chairman Bradshaw called for Regional Reports.
Regarding the ..Hampton Roads .Partnership, Chairman Bradshaw
reported that there was no meeting held.
Regarding the Hampton Roads .Economic Development. Alliance,.
Chairman Bradshaw noted that the Director of Economic Development
attended the meeting on his behalf. No report was offered..
Regarding the Mayors ,and Chairs Caucus, Chairman ,Bradshaw
requested the County Administrator provide copies of information
distributed at the meeting to the individual Board members.
Regarding the Southside Mayors and Chairs, Donald T. Robertson,
Assistant to the County Administrator/Director of Human Resources,
reported that the topics of workforce development and State revenues,
specifically the State's ability to meet its obligations, were discussed. Mr.
Robertson noted under the car tax, the major impact will be felt in
transportation. Chairman Bradshaw requested the County Administrator
provide the individual. Board members with a copy of the. State revenue
report.
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Regarding the Hampton Roads Planning District Commission,:
Supervisor Claud reported that the number of elderly citizens in Hampton
Roads is increasing. He noted that a presentation was also provided on
proposed wetlands regulatory changes. .
Regarding the Southeastern Public Service .Authority, Supervisor
MacManus reported that no meeting was held.
Regarding the Western Tidewater Regional Jail. Authority, Supervisor
Claud reported that only routine business was discussed.
Regarding the Western Tidewater Water Authority, Supervisor Claud
reported that construction has begun on the water line along Route 17 that is
...anticipated to be complete in early Spring. He further. reported that Dana
Dickens (Suffolk) was elected Chairman of the. Authority..
Regarding the .International Paper Advisory Council, Chairman
Bradshaw. reported that no meeting was held.
Regarding the Hampton Roads Inter-Regional Visit, Supervisor Claud
reported that the San Diego light rail system was highlighted. He noted .that
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the California State government grants localities a high percentage of sales
tax for transportation needs.. He noted no decision has been reached
regarding issues with the local airport (San Diego). He also reported that he
had an opportunity to visit a Cost Plus store located in San Diego and that a
binder containing the discussion. materials would be shared with .interested
Board members.
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Chairman Bradshaw called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, referred to
correspondence contained in .the agenda for .the Board's information
concerning truck restrictions on the Rescue Bridge (Route 704).
Mr. Hartley distributed an update of the status of the various VDOT
issues/projects. He notified the Board that the quarterly meeting with
VDOT scheduled for November 6, 2000 at 2:00 p:m. has been rescheduled
to November 20, 2000 at 10:00. a.m. He advised that regarding the
longstanding issue of the turn. arounds on the James River Bridge, the City
of Newport News has indicated an interest in the concept of a variable
message board. He further advised that regarding the mail boxes along
Route 258, the culverts are to be extended in each driveway to create a pull-
off and VDOT has proceeded. to reditch the areas to accommodate the
drainage pipes. Mr. Hartley noted VDOT will typically install the pipe for
property owners if they purchase the pipe. He advised there are ten (10)
.property owners at approximately $40 per household... Mr. Hartley also
advised the Resident Engineer has met with Mr. Diggs regarding Muddy
Cross Road and staff is now researching information for VDOT. He
requested that the Board consider adding the issue of maintenance of ditches
to the County's legislative list.
Supervisor MacManus moved the Board direct staff. to bring up the
issue of bicycle lanes along primary and secondary roads with VDOT. The.
motion was adopted with. Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Supervisor Clark moved the Board allocate the necessary funds for the
relocation of certain mail boxes along Route. 258. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in
favor of the motion (5-0) and no Supervisors voting against the motion.
Chairman Bradshaw moved the Board direct staff to communicate
with the Transportation .Safety Committee on the issues presented with
.regards to transportation and that a status update be provided. The motion
was adopted with Supervisors. MacManus, .Bradby, Bradshaw, Clark and
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Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
Supervisor Bradby noted a concern with the maintenance of ditches
outside of the VDOT right-of--way in the Central Hill area.
Supervisor Bradby moved that the -Board direct staff to include the
issue of maintenance of ditches .outside of VDOT` rights-of way on the
County's legislative priority list. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Mr. Hartley formally introduced Jay Randolph, the County's newest
Planner, to the Board.
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Chairman Bradshaw called for Citizens Comments.
Grace Keen reported that a tree in honor of each kindergartner has
been planted at the individual elementary schools. She further reported that
VDOT has advised it will plant ten (10) trees in honor of each school in the
County along the median near St. Lukes. She inquired if the County has
pursued a grant to clean up the Tyler's Beach area.. She discussed. the issue
of delinquent tax collection costs, noting the high figure paid to .the
delinquent tax attorney in the month of October.
Pat Clark advised that a .grave with a marble slab has been found on
the "Springfield Farm" andrequested that the Historical Society determine
the exact location of the grave for preservation purposes. He also noted that
the goals and objectives of the draft Comprehensive Plan Update still need
attention and requested that a moratorium be placed on new subdivisions
that do not already have a master plan approved..
Reverend. Dan Gray, Pastor of the Calvary Baptist Church, noted
opposition to the religious practicing of the Pagans in the County.
Mary Lyons noted opposition to the religious practicing of the Pagans.
Nancy Guill referenced the recent violation than occurred at the
Hutchins property and inquired if staff had the authority to issue a
Certificate of Occupancy to .the Hutchins.. She further inquired if staff
imposed any -other consequences on the Hutchins.
Thomas Finderson distributed a picture of a BMP in the Gatling
Pointe South Subdivision and raised his concerns with safety factors. He
also noted there are a number of lots that do not have silt fences., in place.
He also noted concern with the Certificate of .Occupancy for the Hutchins
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property because of the violation with the 50' buffer requirement. He
distributed a letter sent to DEQ referencing the Eagle Harbor permit which
contains County issues that. should be inspected when the site plan comes up
for approval.
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Chairman Bradshaw called for the Community Development report.
Mr. Hartley presented the proposed revisions to the State's
Chesapeake Bay Preservation Area Designation and Management
Regulations. He noted: there will be a public hearing by the Board at its
November 16, 2000 meeting. He further noted that CBLAD is interested in
having these regulations adopted prior to the next legislative session and a
special meeting has been scheduled for December 20, 2000 with the intent
of considering the adoption of these regulations.
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Supervisor MacManus moved the Board direct staff to develop
appropriate fees for further consideration by the Board, in consultation with
the County .Attorney, that, reflect the actual County staff costs of the existing
andproposed regulations under the Chesapeake Bay Act. 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 further moved that staff proceed .with
incorporating the proposed CBLAD .regulations into the draft
Comprehensive Plan at this .point in time. The motion was adopted with
Supervisors Macl~lanus, Bradby,. Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting .against the motion.
Supervisor Clark moved the Board direct staff to invite Michael
Clower to the Board's December 7, 2000 meeting to address the issues of
new environmental regulations, water quality impact assessment and
miscellaneous questions with regard to CBLAD and how the County can
communicate with CBLAD.. 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 presented the Non-Tidal Wetlands regulations developed
by the Virginia Department of Environmental Quality (DEQ) for the Board's
information.
Supervisor- MacManus moved the Board direct staff to .include .the
non-tidal wetlands regulations as part of the County's legislative package so
as to address the issue of the understaffing of DEQ to be able to enforce
these regulations. The motion was adopted with Supervisors MacManus,
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Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and
no Supervisors voting against the motion.
Regarding the issue of the County's current procedure concerning
single family building sites, Mr. Hartley referred to a two-part proposal
allowing the County to require a more standardized requirement for
information to be submitted. '
County Attorney Crook advised that he has not reviewed, the proposal
and would like an opportunity to do so for the legal requirements before the
Board considers it.
Supervisor Claud moved the Board table consideration of the matter
until the December 7, 2000 meeting. to allow the Board members additional
time to evaluate and confer with staff on any questions .and concerns. 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 referred to technical reports received on drainage concerns
on Newbill Lane contained in the agenda for the Board's information.
Supervisor MacManus stated the minutes of the previous meeting
indicated that the Board concurred that there should be nothing more than
natural rainfall. He stated all reports indicate, that there is a four (4) inch
drain line which is-contrary to the Board's previous guidance.. He stated the
Board also indicated that if there was anything less than natural rainfall
going into the ravine from the Hutchin's property then that situation should
be remedied. Supervisor MacManus inquired if the County. has already
issued a permanent Certificate of Occupancy.
Mr. Hartley replied `des" that he was advised by Mr. Hutchins that if
he was unable to obtain a final Certificate of Occupancy that he would have
to declare bankruptcy because he was working on a construction loan that
was coming to the limits of the. term of that loan. Mr. Hartley stated if the
Board wanted him to approach Mr. Hutchins about moving the drain line he
would do so.
Supervisor MacManus stated that all three (3) .engineers have
indicated that there is runoff from the Hutchin's property onto. the Hart
property and the Board action, at its .last meeting, had stated that there
would be that condition. He stated the proper remedy would be to return he
ravine back to its natural condition, as well as remove the drain from feeding
into the ravine.
Supervisor Clark moved the Board direct staff to .hire the services of
the County's. engineer, R. Kenneth Weeks & Associates, to conduct an
independent evaluation of the drainage situation and the ravine between the
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Hart and Hutchins, properties utilizing the guidelines that were established in
the September 21, 2000 meeting, not as stated in the minutes, but as stated
on the tapes where the Board was looking at no drainage outside normal
rainfall, with a remedy to correct the situation as it exists and report back to
the Board at its December 7, .2000 meeting. Thee motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion. (S-0) .and: no Supervisors voting, against the motion. .
Beverly Walkup, Senior Planner, advised that a $700,000 grant had
been funded for the Comprehensive Community Development project. She
presented a contract between the County and K. W. Poore & Associates fog
management consulting services for the Board's consideration.
Supervisor Claud moved the Board approve the contract between the
County and K. W. Poore & Associates and authorize .the County
Administrator to sign it on behalf of the County. 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 not present for the vote.
Mrs. Walkup presented a contract .between the County and Denise
Stokes for housing counselor services for the Comprehensive Community
Developmentproject for the Board's consideration.
Supervisor Bradby moved the Board approve the contract between the
County and Denise Y. Stokes and authorize the County Administrator to
sign it on behalf of'the County. 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 .not
present for the vote.
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Supervisor Claud moved the Board take a five (5) minute recess. The
motion was adopted unanimously (5-0).
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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 its monthly update on the fluoride issue. He stated the Board
previously allocated $25,000 to the Department this year to upgrade a
sewage pump station. and he is requesting the .Board reallocate the $25,000
to begin studying fluoride in greater detail. He noted that the. # 10 sewage
pump station will not suffer from not spending the money this year, He was
requested to provide the Board with a copy of the RFP before approval.
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Supervisor MacManus moved the Board direct staff to provide a copy
of the RFP to the Board for its perusal before sending out the RFP. 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 distributed a copy of a memo dated November 2, 2000. {
from Paula Herrmann to him providing a status report on the Windsor sewer '
connection list -10/30/00.
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Chairman Bradshaw called for the Economic Development report.
Brooke Hardin, Research Specialist, provided the Board with an
update on the timeline received from the general contractor on the Cost Plus
distribution center.
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Chairman Bradshaw called for the Parks and Recreation report..
Alan S. Nogiec, Director of Parks and Recreation, noted a report will
be included in the Board's agenda at its November 16, 2000 meeting on the
status of the property transfer for the Camptown Park (proposed Route 260
.Connector alignment).
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Chairman Bradshaw called for the County Administrator's report.
.Richard O. Childress, Director of Emergency Management, offered no
report.
Chairman Bradshaw requested. that the Director of Emergency
Management be listed as a separate department in the agenda, after the
Parks .and Recreation section.
Mr. Childress presented a request to appropriate funds. for the
purchase and .installation of the Hampton. Roads Emergency Management
Committee (HREMC) radio system.
Supervisor MaclVlanus moved the Board appropriate $6,000 for the.
purchase and installation of the HREMC radio system. (50%'to come from
the Contingency Fund and 50% to come from the E-911 Fund). The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
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Supervisor Clark moved the Board adopt the following resolution:
Resolution to Accept and Appropriate Grant Funds From the State
Department of Health EMS Development Block Grant Program
WHEREAS, the .Board of Supervisors of the County of Isle of Wight,
Virginia has received grant funds .from the State Department of Health for
EMS Development Block Grant;. and,
WHEREAS, the funds in the amount of one thousand dollars ($1,000)
or as much as shall be received from the Department of Health need to be
appropriated to the appropriate line item in the FY2000-01 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 one
thousand dollars ($1,000) or as .much as shall be received from the State
Department of Health be appropriated to the appropriate line item in the
FY2000-01 Operating Budget of the 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.
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Mr. Childress noted the expansion project for the Carrsville Volunteer
Fire Department began last week. He stated because of the presence of
unsuitable soils, a soils engineer has been contacted to make
recommendations. He presented two (2) .scenarios from the contractors, as
follows: l) change order in the approximate amount of $7,000 increase in
the contract, 2) change order in the approximate amount of $55,000.. Noting
that the contractor wi l be wanting guarantee of payment of funds, he would
recommend that the Board. take action on allocating the worst case scenario
at this point.
Supervisor Clark moved the Board authorize staff to have work
performed on the soil excavation in the sum of $55,000 (worse case
scenario) and that. the County Attorney give review to the. issue of liability
for this new finding: The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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County Administrator Caskey recommended. the Board authorize
approval of the Virginia Department of Transportation Enhancement Grant
Agreement for the Boykin's Tavern renovation project.
Supervisor Claud movedthe Board authorize approval of the $535,000
Transportation Enhancement Agreement for Project Development and
Administration, subject to review and approval as to form 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 Caskey .noted the Southeastern Public Service
Authority (SPSA) has recommended that each member jurisdiction forward
correspondence to private waste haulers advising that. SPSA staff and
County staff propose to evaluate financial .options available by which some
of these activities may be carried on in a more. efficient manner. He '
requested the .Board authorize him to forward the draft letter contained in
the agenda to the private haulers providing such service to the County.
Supervisor MacManus moved the Board authorize the County
Administrator to forward appropriate correspondence to .the private waste
haulers serving Isle of Wight County requesting gross receipts information,.
with input as provided by him to the County Administrator. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of-the motion (5-0) and no Supervisors voting against the
motion.
County Administrator Caskey presented a .request from the Branch
Manager Carrollton Public Library of a staff position being transferred from
part-time to full-time.
Supervisor MacManus moved the Board direct .staff to send the
request. of the upgrade of personnel to the School Board for its review and
input. Thee 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.
Regarding the. issue of the Citizens Advisory Committee. for 2001
Redistricting, County Administrator Caskey distributed information
received from the Registrar.
Supervisor Clark moved the Board appoint ten (10) members (two (2)
from each election district); three (3) members from the Electoral Board;
and, three (3) staff members with the primary mission of the Committee to
explore alI options and bring back to the .Board all options, pro and con, for
redistricting in 2001. It was noted the Committee may need to meet as early
as December. .The motion was adopted with Supervisors MacManus,
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Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Regarding the issue of the 2001 legislative priorities, Mr. Robertson
was directed to do the following:
Supervisor Claud requested centerline striping of all
secondary roads be included for public safety reasons.
.Chairman Bradshaw requested staff to have a separate
transportation package, to include the issue of the
maintenance of ditches outside of the VDOT right-of--way,
and that this be presented to the County's legislators .and
then the Board meet with the Commonwealth
Transportation Board.
Primary issues to be included in the County's legislative list are as
follows and Mr. Robertson was directed to provide the Board with a draft
list at the Board's November 16, 2000 meeting:
. .Supervisor MacManus requested the issue of "Local Cigarette
Tax" be changed to "Local Tobacco Tax." and. that most of the
emphasis be .placed on this issue. (It should. be noted that the
State Code specifically refers to a cigarette tax for localities,
there is no enabling legislation for a tobacco tax.)
Supervisor MacManus requested Mr. Robertson to check with
the Sheriff to determine what position the Sheriff's Association
has taken on the issue of .the number of deputies the Sheriff's
. Office receives that is based on population and area of coverage.
Supervisor. Claud requested that removal of the cap for the E-
911 tax be included on the list.
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Supervisor- Clark. requested that the: issue of Adequate Public
Facilities be included on the list.
Supervisor Claud requested that a utilities tax exemption for
churches be included on the list.
Chairman Bradshaw requested Mr. Robertson develop
appropriate language for the CSA to be passed on to the
County's legislators to keep them informed.
Supervisor MacManus requested the School Board select on two
(2) priorities. Chairman Bradshaw suggested teacher's salaries
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be the school's first priority and the funding of the SOQ
positions.
Supervisor MacManus moved the Board direct staff to set up a
breakfast meeting between the -Board and :local representatives of the
Commonwealth Transportation Board on November 28, 2000 at 8:00 a.m.
Arrangements to be made by staff regarding :location. 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 direct staff to set up a
meeting between the Board and the County's Legislative: Delegation on
December 8, 2000 after the Chamber's "State of the County Breakfast"
meeting and that arrangements for the location are to be made by 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.
County Administrator Caskey noted the Board Retreat would be held
on Saturday, January 20, 2001 at the Smithfield Conference Center.
Supervisor Claud requested that the issue of the CIP, as it relates to
certain priorities/allocation of funding, etc. be placed on the Board Retreat
agenda.
County Attorney Crook advised he could not be present at the Board
Retreat, but his Assistant would attend on his behalf.
Supervisor MacManus recommended that awell-defined agenda be
prepared providing for a facilitator. with timeframes associated with each
.issue to be discussed.
Chairman Bradshaw requested the County Administrator and
Assistant County Administrator define the specifics the Board wishes to
cover..
Anne F. Seward, Director of Budget and Finance, advised .that the
County's contract for .data processing support services far DBS system
terminates on December 16, 2000. She stated staff has performed feasibility
studies and recommends that the County transition to a joint internal data
processing. department with the County's school division to provide those
services and expand upon the data processing services that are provided to
the County and the schools. She advised than the County's DP support
vendor has agreed to a contract extension through June 30, 2001 with a
monthly provision for services thereafter, as may be needed. .She requested
the Board approve the provisions, as listed in the Board Report contained in
the agenda..
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Supervisor Claud moved the Board authorize the following to facilitate
the transition of data processing- support services to an internal. department
within the County:
transition of data processing support service, to an internal
service department to be effective July 1, 2001.
negotiation for the extension of contracted data processing
support services with the County's vendor to June 30, 2001 with
a monthly provision or services needed thereai}er.
hiring of two (2) data processing support positions for the
County's DBS system to facilitate the transition of data
processing support services to an internal department effective
July 1, 2001.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Chairman Bradshaw called for the County Attorney's report.
Beryl H. Perry, Treasurer, presented the Board with a list of delinquent
taxpayers.. He stated a list: has been. sent for advertisement containing
approximately 200 parcels.
Supervisor Clark moved the Board fist all delinquent taxes as of June
30, 2000 in The Smithfield Times .and the Tidewater News and that such
publication occur by January 1, 2001. 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 that the Boykins Tavern Guidelines
Committee met and discussed the policy guidelines for the use of Boykin's
Tavern and that these regulations would be forwarded to the members for
their comments. He noted another meeting would be held to finalize the
regulations.
County Attorney Crook advised he had several matters for closed
session later in the meeting.
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Chairman Bradshaw called for Old Business.
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Upon inquiry from. Supervisor MacManus regarding a meeting with
Charter Communications, .County Attorney Crook was again requested to
schedule a meeting as the previous scheduled meeting had to be cancelled
due to conflicts in schedules of participants.
Following .inquiry from Supervisor MacManus on the issue of
.Windsor Woods, Supervisor Claud moved the Board direct the Director of
Planning and Zoning to contact the applicant and request that he meet with
the citizens prior to .the upcoming Planning Commission meeting. 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 regarding Mr. Hartley's
promise to provide a more detailed briefing on the proposed regulatory.
actions associated with CBLAD, Mr. Hartley stated .the information
provided in the agenda .covers the actions and no additional information is
anticipated to be forthcoming.
Regarding .the issue of the Comprehensive Plan and its schedule for
compliance, Supervisor MacManus moved the Board amend the Board's
November 16, 2000 meeting schedule. to reflect that the meeting -will begin
one (1) hour early at 5:00 p.m. for the purpose of discussing two (2) chapters
of the Comprehensive Plan and working through the significant issues of the
Plan. This same early meeting schedule will also apply to future Board
meetings. 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 direct staff to forward a letter
to the Towns of Smithfield and Windsor requesting their input on the
Comprehensive Plan back to the Board by its December 7, 2000 meeting.
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 inquired if the County .Attorney was prepared to
address the issue of the amendment to the County's Personnel Policy.
County Attorney Crook advised he had forwarded a -copy. of the
amendment to the Board members for their review and comments. The
Board .members indicated no issues or concerns to the amendment as .
proposed.
Supervisor Claud moved the Personnel Policy be amended. as
proposed. The motion was adopted with Supervisors. MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no
Supervisors voting. against the motion.
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Supervisor Claud. further moved that all employees transferred from
the School Board, Social Services and Constitutional Officers since January
1, 1996 begin accruing leave as of the adoption of this, policy. 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' distributed copies of the County's
FY2000-2001 Annual Financial Plan for the Board's review. Mr. Casket'
recognized Anne Seward, Kelly Holland: and Marian Sowers for their
contribution to this effort.
Supervisor Clark moved the Board table acceptance until the Board's
November 16, 2000 meeting. 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 inquired about the status of the Capital
Participation :for Volunteer Fire gild Rescue Departments.
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County Attorney Crook .advised. he needed to prepare another
resolution to adjust paragraph #4.
Regarding the issue brought up earlier by Pat Clark during Citizens
Comments regarding an .unmarked grave, Chairman Bradshaw moved the
Board direct the County Attorney to send a letter to the property owner with
regards to an unmarked grave on the Ragged Island property. 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.
Regarding the desire of certain citizens for a moratorium to be placed
on new subdivisions, Chairman Bradshaw moved the Board direct the
County Attorney to review the moratorium process with regards to new
development. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Following inquiry from Chairman Bradshaw, County Administrator
Casket' advised that a new speaker had been installed in the hallway at the
rear of the Board Room. He noted -staff will explore the .feasibility of
installing additional speakers on the wall in the back of the room.
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Chairman Bradshaw called for New Business.
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Chairman Bradshaw advised that he has met with the Sheriffregarding
certain concerns of citizens regarding the Pagans. He noted he will provide
information to the County Administrator to distribute to the Board regarding
the findings of the Sheriff He requested the County Administrator provide
a copy of this information to Reverend Gray and the County Attorney.
Supervisor. Bradby advised the County has 50% of the funds (Water
Quality .Improvement Fund) needed to construct the boat dock at Tyler's
Beach and staff is searching for additional funds (through the Corps of
Engineers) to complete the project.
Regarding the issue of the BMP .located in Gatling Pointe South
mentioned by Thomas Finderson during Citizens Comments, Supervisor
Clark moved the Board direct staff to request East West Partners to fence off
the BMP 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.
Following Supervisor .MacManus' comments that there is indication
that the water. pressure is degrading in the Gatling Pointe Subdivisions,
Supervisor MacManus moved the Board direct staff to investigate the water
pressure in the Gatling Pointe South Subdivision and report back to the
Board and .whether there is a remedy required as far as a second booster
pump to be brought in as part of the development. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Regarding the issue of central dispatch, Supervisor MacManus moved
the Board direct staff to prepare. an RFP to bring on an independent
technical consultant to put in place a permanent long-term solution for
central dispatch. 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. ,
Regarding. the issue of the E-911 tax, Supervisor MacManus moved
the Board direct staff to prepare an amendment to the County's ordinance to
increase the County's E-911 tax from $1 to $3 per month in light of the
Central Dispatch Committee's report to the Board that provides an extensive
and expensive system for the long-term solution. Staff is to work in
conjunction with the County Attorney. to propose an amendment to the
ordinance. 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.
Regarding the Capital Improvements Plan, Supervisor MacManus
moved the Board's Finance Committee meet with the three (3)
representatives of the Planning Commission's CIP Committee and review
the input and .request for the CIP as an alternative to having to send. it to the
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Planning Commission and having public hearings as a way to speed up the
process and ensure that the County still ends up with a product reflecting the
Planning Commission's special task team. 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 Appointments.
Chairman .Bradshaw requested Mr. Robertson bring a recommendation
for the replacement of Arthur Allmond on the Youth Services Advisory
Board.
Supervisor Clark moved the Board reappoint Malcolm (Pat) Clark,
representing the Newport District, on the Commission on Aging. The
motion was adopted unanimously (S-0).
Chairman Bradshaw requested Mr. Robertson determine the need to
advertise the vacancy on the Western Tidewater Disability Services Board in
the newspaper.
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.County Attorney Crook requested a closed session under Section 2.1-
344 Al of the Freedom of .Information Act concerning employment of two
(2) personnel; under Section 2.1-344 A3 concerning five (5) matters of
acquisition of real property for public purposes where discussion would
adversely affect the bargaining position of the County; and, under. Section
2.1-344 A7 concerning four (4) matters of consultation .with .counsel and
advice of counsel concerning actual and probable litigation.
Supervisor Bradby 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 (4-0-1) with
Supervisor Clark absent and no Supervisors voting against the motion.
Upon returning to open session, Supervisor Claud moved the Board
adopt the following resolution:
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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,
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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, Bradshaw and Claud
NAYS: 0
ABSENT DURING VOTE: 1
ABSENT DURING MEETING: 0
The motion was adopted with .Supervisors MacManus, Bradby,
Bradshaw and Claud voting in favor of the motion (4-0-1) with Supervisor
Clark absent and no Supervisors voting against the motion.
Supervisor MacManus moved the Board direct the County Attorney to
review staff hiring policy and bring back a recommendation to the Board at
its November 16, 2000 meeting. The motion was adopted (4-0-1) with
Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the
motion, Supervisor Clark absent and no .Supervisors voting against the
motion.
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At 7:32 p.m., Supervisor Bradby moved the. Board adjourn. The
motion was adopted unanimously (4-0).
'?h' p A: Bradshaw, .Chairman
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