12-07-2000 Regular Meeting.•.
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
.SUPERVISORS HELD THE SEVENTH DAY OF DECEMBER IN THE
YEAR TWO THOUSAND
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark
Richard K. MacManus
Also Attending: H. Woodrow Crook, Jr., County Attorney. '
W: Douglas 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 1:00 p.m. and
delivered the invocation.
The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for discussion on the Comprehensive
Plan..
The Board members individually made.. the following suggested
revisions:
Under Chapter 3, Page 3.4, Supervisor MacManus requested
that cotton be listed as one (1) of the County's major products.
Under Chapter 3, Page 3.6, Supervisor Claud noted that
International Paper is listed as the. largest single employer in the
County which is incorrect.. The correct employer is Smithfield
Foods.
Under Chapter 3, Page 3.12, under Goals. and Objectives,
Chairman Bradshaw requested that the alternative forms of rural
development be listed.
Under Chapter 3, Page 3.13, Chairman Bradshaw requested that
wine vineyards be mentioned as an alternative form.
Under Chapter 3, Page 3.14, Supervisor. Claud requested that the
first paragraph be deleted.
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Under Chapter 4, Chairman Bradshaw requested Lyle Hornbaker
to prepare the necessary graphics .where .the Board can look`at
each district individually. Supervisor Claud requested -that the
maps illustrate how the,.land in .each district is currently zoned
and if it has or has not been rezoned.
. Under Chapter 4, Page 4.6, Supervisor MacManus requested
that the dollars for 1987 be translated into current dollars (2001).
Under Chapter.4, Page 4.7, under Growth Management Issues,
Supervisor Bradby requested- more detail be provided for each
bullet. Supervisor Clark requested that "protection of sensitive
environmental features, natural resource management" be listed
at the beginning of the- first paragraph.
Under Chapter 4, Page 4.8, under .Goals and Objectives,
Supervisor Clark requested "and natural resource areas" be
added irr bullet one after "rural character."
Under Chapter 4, Page 4.9, Supervisor Claude requested the ward
"require" be replaced with "encourage" under the second bullet:
Under Chapter 4, Page 4.9, Supervisor MacManus requested
that bullet four be rewritten to better conform with Page 4.28.
Under Chapter 4, Page 4.14, Supervisor MacManus requested
the words"be limited" under the Character column be deletedito
reflect "typically would reflect a density. of ....."
-Under Chapter 4, -Page 4.17, paragraph two, Supervisor
MacManus requested that as opposed to a north, south and
central Development Service District, .these districts be called by
specific names for the geographical area that those development
service districts are suppose to develop, i.e., ..Carrollton,
Windsor, Carrsville and some type name for the. ,southern
industrial area (southern industrial/Camptown~.
Under Chapter 4, Page 4.16, second paragraph, Supervisor Clark
requested that "compatible" be added before the. words. "future
growth and development."
Under Chapter 4, Page. 4.17, Supervisor MacManus, paragraph
three, the sentence beginning .with "however" that the words
"majority of replace the word "full."
Under Chapter 4, Page 4.20, first paragraph, Supervisor Claud
requested "Eagles Landing" be replaced with "Eagle ,Harbor.
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Further, under the second paragraph, replace "358" in two places
with " 258."
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Under Chapter 4, Page 4.24, Chairman Bradshaw requested the
first paragraph be updated to reflect that there. currently are
businesses in the process of locating in the Isle of Wight County
Industrial Park.
Under Chapter 4, Page 4.24, Chairman ..Bradshaw noted several
references are made to "County airport facilities" which should
be deleted.
Under- Chapter 4, Page 4.28, under Planned Unit Development
Districts, Chairman Bradshaw requested more
clarification/description, i.e., this is an example of what .the
County is looking for in a planned unit development.
Under Chapter 4, Page .4.29, Chairman Bradshaw requested
activity centers be reflected.
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Under Chapter 4, Page 4.31, .Sliding-Scale Approach and
Density Bonus Approach, Supervisor MacManus .requested all
of this detail may need to be removed and limited to the Zoning
Ordinance. He requested Mr. Hartley note that this is how the
concepts work, but let the details rest in the Zoning Ordinance.
Under Chapter 4, Page 4.36, .Chairman Bradby requested that
village centers be listed with specific boundaries for each.
Under Chapter 4, Page 4.36, under Zuni, Chairman Bradshaw
requested Mr. Hartley make note of the flood zone area.
Under Chapter 4, Page 4.37, under Isle of Wight Courthouse,
Chairman Bradshaw noted that Boykin's Tavern should be noted
as an attribute.
Under Chapter 4, Page 4.39, Supervisor- MacManus noted the
need to address village centers within Development Service
District (i.e., Carrollton).
Under Chapter 4, Page 4.42, Resource. Conservation .District,
Chairman Bradshaw requested Mr. Hartley make reference to
new flood maps.
Supervisor Bradby moved the Board. take a five (5) minute break
before continuing with the regular order of the agenda. The motion was
adopted unanimously.(5-0).
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Chairman Bradshaw called for Special Presentations.
Dr. Patricia T. Torrence, Superintendent, Isle of Wight bounty
Schools provided the Board with a briefing on school related issues. She
stated the School Board is pursuing a zero based budget and a draft calendar
has been set up tentatively in which the School Board will meet with its
..different constituents and determine priorities for establishing budget
demands for another year. She stated the. School Board is also doing
strategic planning in an effort to prioritize.
Frank Staley, General Manager, Charter Communications, addressed.
the Board concerning the progress of the rebuild/upgrade of the existing
cable system, as well as the transfer of the cablevision license from Falcon
cablevision to Charter Communications. He advised that the rebuild is on
schedule and approximately .$300,000 has been spent in this regard to date.
He stated service calls six (6) months ago were running 17% and the -most
recent report turned into the FCC was 3.9%.
Chairman Bradshaw requested that a payment center be located in the
Smithfield/Carrollton since there are twice the number of residents living in
this area than the City of Franklin.
Mr. Staley. stated he would look into Chairman Bradshaw's request
and report back to the Board. He delivered a letter from Charter's. corporate
officer indicating that if the rebuild is not completed by a certain date that
Charter will pay the County $50,000 quarterly as tong as it is delayed.
County Attorney .Crook advised Ghat a revised agreement has been
prepared -and forwarded to Mr. Staley for Charter's .counsel..
Chairman Bradby requested Jonathan W . Hartley, Director of Planning
and Zoning, brief the Board on drainage issues at Newbill Lane.
Mr. Hartley stated he forwarded to the Board a memo dated December
5, 2000 which.-includes the report from R. Kenneth Weeks Engineers.
Rusty Owens, R. Kenneth Weeks Engineers, stated the area seemed to
be stabilized and he did not note any detrimental effects to the ravine or
erosion damage to the ravine. He stated at the time of his visit, there was no
.moisture in the .ravine and he noted that it had rained a substantial amount
several days previous to his visit. He stated he noted no unusual drainage
into the ravine from either the Harts or the Hutchin's property. He stated his
notes indicate that this is a natural ravine created by nature.
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County Attorney. Crook noted Mr. Owen referred to a northern,
southern, upper and lower ravine area. Mr. Crook asked if it was all one (1)
ravine.
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Mr. Owen replied "yes."
County Attorney Crook asked if the ravine was located on either
property or is it divided between the two (2) properties.
Mr. Owen .replied there was a fence installed on the-northern edge of
the bottom of the ravine and it appeared that the property line was just to the
northern edge of the bottom of the .ravine. He stated the bottom of the
ravine is the Hart's property.
County Attorney Crook asked if there was evidence of erosion in
either property.
Mr. Owen replied no evidence of erosion was present at either
property.
County Attorney Crook asked if the upper ravine was located on the
Hutchin's property or Hart's property.
Mr. Owen replied the bottom of the ravine and the south slope is
located on the Hart's property and the north. slope is located on the
Hutchin's property.
County Attorney Crook asked Mr. Owen if there is anywhere else for
the roof drain to go other than the lower part of the ravine.
Mr. Owen noted not the way the roof drain. was hooked up now.
County Attorney Crook inquired where the rest of the drainage goes.
from the Hutchin's property.
Mr. Owen replied the rest of the roof and most of the upper back and
front yard tends to drain away from the ravine..
County Attorney Crook asked how much of a problem would it be to
have the southern roof drainage and the pressure line drainage go to the
north as opposed to going to the ravine:
Mr. Owen stated he could guess that you might be able to reconfigure
the roof drains in that direction. He noted that the pressure line is
considerably lower and he doubted if it could be made to go in .another
direction.
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.County Attorney Crook stated .without commenting on what the
engineer has .reported he thought that the matter is a probable litigation
matter that the Board .should discuss in closed session for advice of counsel
on legal alternatives and consequences.
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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. Carrsville Volunteer Fire Department Expansion Project
B. Gypsy Moth Program
C. November 6, 2000 Regular Meeting Minutes
Supervisor Claud moved the Board adopt all items of the. Consent
Agenda. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no
Supervisors voting against the motion.
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• Chairman Bradshaw called for Regional Reports.
Regarding the Hampton Roads Partnership, Chairman .Bradshaw
reported that there was no meeting held this month.
Regarding the Hampton .Roads Economic Development Alliance,
Chairman Bradshaw reported that the Director of Economic Development
attended the meeting and would provide the Board with an update at the
Board's next regular meeting,
Regarding the Mayors and Chairs Caucus, Chairman Bradshaw
reported that there was no meeting held in November..
Regarding the Southside Mayors and Chairs, Mr. Robertson reported
that the two (2) major topics of discussion included Workforce Development
and funding by the State for transportation.
Regarding the. Hampton .Roads Planning District Commission,
Supervisor Claud reported that one (1) of the topics of discussion was the
draft revision to the Chesapeake Bay Act regulations. Supervisor Claud
noted. the Planning District Commission .does put out data books on the
various localities in the Hampton Roads region for the Board's reference.
Regarding the Southeastern Public Service Authority, Supervisor
~ MacManus reported that SPSA's Annual Report was distributed and a
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resolution ,was presented to Malcolm. T. Cofer. He further reported that
finance options were discussed in an effort to make SPSA more viable.
.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 there was no meeting held in November.
Regarding the International Paper Advisory Council, Chairman
Bradshaw reported that there was no meeting held. '
Regarding the Hampton Roads Inter-Regional Visit, Supervisor Claud
noted this item should have been deleted.
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Chairman Bradshaw called for Transportation Matters.
Mr. Hartley referred to the status report contained in the agenda on
current road and highway projects in the County.
Item #4, (Rt: 258/Rt. 10 Cypress .Creek Connector) Primary
Road Projects
Chairman Bradshaw requested Mr. Hartley to conf rm if a letter has
been sent to VDOT and the Commonwealth Transportation Board.
Item #5, Primary Road Projects
Chairman Bradshaw requested that Mr. Hartley advise VDOT that if it
is not willing to change the speed limit, that a flashing light be installed at
that intersection.
Item #9, (Emergency Signals) Primary Road Projects
Chairman Bradshaw .requested Mr. Hartley ensure consistency and
meet the needs of all the emergency agencies.
Item #3, (Transportation Safety Committee) Secondary Road
Projects
Chairman Bradshaw requested that Mr. Hartley notify the
Transportation Safety Committee of all the issues brought up and. how they
were addressed.
Item #9, .(Pruden Road) Secondary Road Projects
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Chairman Bradshaw .requested that Mr. Hartley verify and .follow up
with him whether or not a construction date has been set on Pruden Road.
Item # 10, (Rescue Bridge) Secondary Road Projects
Supervisor Clarkrequested that Mr. Hartley ask Mr. Neblett to address
this issue at the Board's next meeting..
Item #4, (Muddy Cross Road) Secondary Road Projects
Supervisor Claud requested that Mr. Hartley provide him with a listof
names of the remaining property owners, `
Item #l, (South Johnson Avenue) Additional Issues
. Supervisor Claud requested that Mr. Hartley obtain a schedule. from.
VDOT on when it plans to begin construction.
Supervisor MacManus requested that the .committee to be established
of Rescue and Battery Park (Newport District) residents to work with VDOT
relative to the Rescue Bridge project be listed as an item on the Board's next
agenda.
Mr. Hartley referred to a letter dated November 29,.2000 from the
VDOT Resident Engineer to Kurt Falkenstein and Jonathan Hartley
regarding a request for pre-emptive emergency signals.
Chairman Bradshaw moved the Board forward to the local members of
the Commonwealth Transportation Board and Mr. Cleveland a request that
funding for emergency signals should come. from. the State Safety Fund and
not the County's. 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. Harkley notified the Board .that the Resident Engineer would be
making his quarterly appearance before the Board at its December 21,. 2000
meeting.
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Chairman Bradshaw called for.. Citizens Comments.
Richard Slate of Duck Town Road addressed the Board on his
opposition to a setback variance approved by the Board of Zoning Appeals.,
Mike Alexander requested that the Board not approve additional
borrow .pits in the County. He noted that CBLAD had reported back on
environmental concerns. He noted he appreciated the opportunity to review
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the Verizon- rate plan, as proposed. He also .noted that no Planning
Commission members had attended the Board's earlier work session.
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Bill Hayes requested that staff research some of the part-time County
employees that man the convenience center sites who are working on
holidays with no benefits. He requested that these sites. be closed on
holidays or that these employees be compensated at 2.5 times their salary.
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Chairman Bradshaw called for the Community Development report.
Mr. Hartley referred to the legislative priorities of the Coalition of
High Growth Communities contained in the agenda. He encouraged the.
Board. to appropriate a sum of $1,000 to obtain the service of a lobbyist.
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Supervisor Clark moved the Board approve funding in the amount of
$1,000 to enlist the services of Jerry W. Kilgore to monitor and- assist the
Coalition during the 2001 Session of the General Assembly with an
emphasis on pursuing the .two (2) priorities adopted by the Coalition in
August 2000. Staff is to provide a final copy of the County's Legislative
Priority List to Scott York, Chairman of the Coalition, once it is officially
adopted. 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 documentation on single family building sites
contained in the agenda..
Supervisor Clark moved the Board forward the. matter to the County
Attorney to develop an ordinance amendment on the plot plan requirements
for consideration by the Planning Commission .for their recommendation to
the Board. The motion .was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Hartley advised that. staff has ordered an additional 3,000 copies
of the existing County map. He noted that. funding for the reprinting was
included in his department's budget and that this supply should last
approximately one (l) year.
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Mr. Hartley presented a request of Isle of Wight County (County
Administrator) to temporarily locate no more than three (3) modular units
between the Registrar's Office Building -and the. Social Services Building at
Isle of Wight Courthouse for the Board's consideration.
Supervisor Claud moved the Board approve the request. to locate no
more than three (3) units with the following conditions: 1) time limitation
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of five (5) years (under December 31, 2405), 2) that the selected color of
the units and skirting be as compatible as possible with the existing
buildings, (3) that the location of the ramps be as inconspicuous as possible
from the front of the courthouse complex, and (4) that the units be routinely
maintained. in an effort to uphold the integrity and historic character of the
Courthouse Complex.. The motion was adopted with Supervisors
MacManus,. Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-4)-and,no Supervisors voting against the motion.
Mr. Hartley. distributed a notice of a draft permit for International
Paper's industrial landfill forthe Board's information.
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Chairman Bradshaw called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented an
agreement between CSX Railroad and Isle of Wight County for the Southern
Development Service .District for the Board's consideration.
Supervisor Claud moved the Board approve the agreement between
the County and CSX Railroad proving for boring within their right-of-way.
The motion was adopted. with Supervisors MacManus, Bradby, Bradshaw,
-Clark and Claud voting in favor of the motion (5-4) and no Supervisors
voting against the motion.
A Resolution Authorizing the Execution of an .Agreement With CSX
Railroad Regarding the Installation of A 16 .Inch Water Main Within the
Right-of--Way of Railroad Adjacent to Carver Road in the Camptown Area
of Isle of Wight County.
Supervisor Claud moved the Board adopt the following resolution:
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH CSX RAILROAD REGARDING THE
INSTALLATION OF A 16 INCH WATER MAIN WITHIN THE RIGHT
OF WAY OF RAILROAD ADJACENT TO CARVER ROAD IN THE
CAMPTOWN AREA OF ISLE OF WIGHT COUNTY
WHEREAS, the Isle of Wight County Board of Supervisors is
desirous of installing a water pipeline in the Southern Development
Service District of the County,-and.
WHEREAS, the installation involves. the crossing of the CSX
railroad near the intersection of Carver. Road and Carrsville Highway,
and
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WHEREAS, the railroad crossing involves an agreement with
CSX railroad which needs to be executed by.the County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
by the Isle of Wight County Board of Supervisors hereby authorizes
and directs that the Chairman execute said. agreement on behalf of the
County.
The .motion was adopted with Supervisors MacManus, Bradby
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and. no
Supervisors voting against the motion.
County Attorney Croak presented an agreement, between Norfolk
Southern Railroad and the County for the Board's consideration in the
amount of $22,700. He noted he had revised the agreement so that it would
acceptable to the .Board under the laws of public policies of the
Commonwealth of Virginia. He stated if the Board is agreeable to the
amount, he would like to send it back to Norfolk Southern Railroad. He
advised the fee. with CSX is $3,800, but the fee with Norfolk Southern
Railroad is $22,700.
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Mr. Rountree stated Norfolk Southern Railroad still charges an
administrative fee for the preparation of the contracts, but because it is
burdensome on them to send a bill out for $150-$200 per year that they have
decided to lump the sum together for a period of years which in this case is
$20,700.
Supervisor MacManus moved the Board approve the agreement
between the County and Norfolk .Southern Railroad in the amount of
$22,700 and send a letter to the corporate office indicating that in locating
utilities they are not being much of a community partner and 'that the
Hampton Roads Planning District Commission .via the regional Utilities
Committee take this matter up as an action item.. 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 monthly fluoride report,. Mr. Rountree advised that the
State Health Department has tested all. permitted water .systems in the
County for fluoride and advised that the Zuni system is below the Secondary
Maximum Contaminant Level. He noted that Bethel Heights, Gating Point,
Rushmere, Thomas Park and Tormentor Creek will not require treatment.
He further noted that Battery Park, Carisbrooke, Carrsville, Obrey
Subdivision, Smithfield .Heights, Berms Church Subdivision and Day's
Point will be retested and those systems with a fluoride level over 4.0 ppm
will be issued a Notice of Violation and required to comply with the fluoride
standard.
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Mr. Rountree presented bids on the Rushmere water system
replacement which he recommends the Board approve the .low bid with
Todd Buildersand authorize the Chairman to sign the construction contract.
.County Attorney Crook informed the Board that he is legal counsel for
Todd Builders, but not in this matter so it will not affect his review of the
contract.
Supervisor Bradby moved the Board approve the low bid and
authorize the Chairman to sign the construction contract with Todd
Builders, Incorporated in the amount of $55,500 upon review of the County
Attorney. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and .Claud voting in favor of the motion (4-0); no
Supervisors voting against the motion; and, Supervisor Clark absent for the
vote.
Mr. Rountree requested the Board table consideration of the bids for
the Southern Development Service District elevated tank and wells (Project
# 117.4.1) and allow staff to reevaluate and come back to the Board at its
first .meeting in January, 2001 with a report on different scenarios.
Chairman Bradshaw moved the Board table consideration of the
matter until the Board's January 4, 2001 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.
Mr. Rountree .requested the Board table consideration of the bids for
the Southern .Development Service District water extension (Project
# 117.4.2) .and allow staff to reevaluate and come back to the Board at its
first meeting in January, 2001 with a report on different scenarios.
Chairman Bradshaw moved the Board table consideration of the
matter until the Board's January.4, 2001 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.
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Chairman Bradshaw called for the Economic Development report.
Patrick J. Small, Director of Economic Development, distributed .the
finalization of the Smithfield Packing Company .expansion (Case Ready
Product Line). He noted that the Industrial Development Authority (IDA)
has not. yet entered into its agreement with Smithfield Foods, but expects to
do so at tomorrow's meeting of the IDA as Smithfield Foods has already
signed off on the incentive agreement.
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Supervisor- Bradby moved the Board. appropriate $70,000 from the
Economic Development Reserve fund to the Industrial Development
Authority for its use. 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 Parks and Recreation report.
There was no report offered for discussion.
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Chairman Bradshaw called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, presented
a Resolution to Adopt the Isle. of Wight County Emergency Operations Plan
for the Board's consideration.
-Supervisor MacManus .moved the Board adopt the following
resolution approving the Plan:
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RESOLUTION TO ADOPT THE ISLE OF WIGHT COUNTY
EMERGENCY OPERATIONS PLAN
WHEREAS, the Virginia Emergency Services and Disaster Law of
1973, as amended, requires that the State, and each county and city within
the state, develop and maintain a current Emergency Operations Plan (EOP);
and,
WHEREAS, Isle of Wight County is responsible for maintaining an
emergency plan and response capability to protect the lives and property of
its citizens from the effects of both man-made and natural disasters; and,
WHEREAS, this plan should be officially adopted by the local
governing body and promulgated by the chief administrative official; and,
WHEREAS, the Coordinator of Emergency Services will review and
update the. plan document annually, or as needed, and. have the plan
readopted every five years.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia authorizes the adoption
of the Isle of Wight County Emergency Operations Plan.
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The motion was .:adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Childress advised that American Tower would begin construction
of the .new tower on Monday, December 11, 2000 with completion.
anticipated no later than the second week in January, 2001. He further
advised that the old tower would be removed.
Mr. Childress advised that the County was one of the first localities to
endorse .the Statewide Mutual. Aid Agreement and is now. part of the overall
plan.
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Chairman Bradshaw called for the. County Administrator's report
County Administrator Caskey noted that staff had extended an
invitation to the Executive Director, Chesapeake Bay Local Assistance
Department (CBLAD), but the invitation was -turned down- acrd
recommended that his staff coordinate a meeting with County staff
Supervisor Clark moved the Board direct staff to coordinate with the
local liaison person from CBLAD to meet with the Board at their earliest.
convenience (day 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 againstthe motion..
County Administrator Caskey presented a request from .the Smithfield
Packers Pee-Wee Football Team for a donation to help them attend the .Pop
Warner Little Scholars Super Bowl on December 3-9, 2000 in Orlando,
Florida.
Supervisor MacManus moved. the Board allocate $1,000 from the
County's contingency fund to the Smithfield Packers Pee-Wee Football
Team to attend the Pop Warner Little Scholars Super Bowl December 3-9,
2000 in Orlando, Florida. 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.
Donald T. Robertson, Assistant to the County Administrator/Director
of Human .Resources, presented a Resolution Establishing Isle of Wight
County's Legislative .Proposals to be Presented to the County's Delegation
to the 2001 Session of the General Assembly for the Board's consideration.
He distributed amended sheets concerning Unfunded Mandates and Growth
Derived Revenue System also for the Board's consideration.
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Supervisor MacManus moved -the Board adopt the following
resolution approving the 2001 Priority List with amended sheets (Unfunded
Mandates and Growth Derived Revenue System) provided by Mr.
Robertson:
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RESOLUTION ESTABLISHING LSLE OF WIGHT COUNTY'S
LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S
DELEGATION TO THE 2001 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that
affect local governments both directly and indirectly; and,
WHEREAS, the .County of .Isle of Wight has specific interest in
matters dealing generally with local .governments, as well as with matters
directly impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight
County's General Assembly Delegation so that it may know of the. County's
position on these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the. County of Isle of Wight endorses the
attached legislative proposals for the 2001 General Assembly Session and.
directs that bath this resolution and the legislative proposals be forwarded to
Isle of Wight County's General Assembly Delegation and that the County
Administrator and his staff work with and assist the Delegation as
appropriate.
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 noted he has requested the County's General Assembly
delegation provide him with dates for an evening meeting with the Board.
Noting the busy time of the year, Supervisor MacManus requested Mr.
Robertson find a sponsor for the local bills and deliver the County's. package
to .the General Assembly delegation. He further requested Mr. Robertson
also notify the individual Board members to determine if they wish to go
with him.
County Administrator Caskey referred to rate information sent out by
Verizon for the Board's .information.
Lyle Hornbaker, GIS Coordinator, presented the data processing
transition plan.
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Supervisor Claud moved the Board .approve the data processing
transition plan as presented and authorize staffto request similar action from
the School Board to be 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.
County Administrator Caskey presented a status report of the Virginia
Tech community design assistance project. He referred to a letter received
from Virginia Tech outlining .its timetable for completing this project. He
suggested utilizing the Director of Parks and Recreation's committee as a
means of filtering process to review the. plans and interact. with the
individuals working on this project.
Supervisor MacManus moved the Board add the Building and
Grounds .Committee to this effort. 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 stated the County's consultant, Mosely,
Harris & McClintock. has been working through the various County
departments to determine .space needs. He noted .the consultant is
requesting how to get concurrence with the figures that they have come up
with, i.e., does the Board approve it or does it go through the Building and
Grounds Committee?
Chairman Bradshaw requested staff" invite the consultants. to make a
presentation to the Board at its January 4, 2001.
County Administrator Caskey. stated he has contacted a facilitator for
the Board's Retreat. He noted the facilitator is also committed on the .date
selected by the. Board for its retreat and that she is advising some other date
in January or any Saturday in February is available on her calendar.
Supervisor MacManus moved the Board move its retreat date to
January 26, 2001 at 6:00 p.m. and on January 27, 2001 at the Smithfield
Conference Center. Staff is to find another location if an event is already
scheduled at .the Smithfield Conference 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 againstthe motion.
County .Administrator .Caskey. distributed information relative to a
proposed Boykin's Tavern Historical Interpretation Committee.
Supervisor Claud moved. the Board accept the recommendation to add
the Curator of the Museum, Director of Tourism, Administrative Analyst,
Art LaBonte, Everett Hogg and Trey Gwaltney to the proposed Committee
with guidelines being approved upon the review of the County Attorney.
The motion was .adopted with Supervisors MacManus, Bradby, Bradshaw,
16
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aar~r ~~ -,,;:565
Clark and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
County Administrator Caskey notified the Board of an Annexation
Committee meeting scheduled for. December 18`'' with the. counterparts of
Windsor to discuss issues related to the proposed annexation. H~e noted he
would place the appropriate advertisements in The Smithfield Times and the
Virginian Pilot.
County Administrator Caskey reminded the Board of the State of the
County Breakfast at the Smithfield Conference Center in the morning.
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook distributed a Resolution to Amend the
Resolution Establishing A Policy Governing Isle of Wight County Capital
Participation in .Volunteer Fire and. Rescue Organization Projects .for the
Board's consideration: He noted taken into account are the concerns of the
Fire .and Rescue Association members that they be involved in the
specifications and in the bid process, including the review of bids. He
advised that he also sent the resolution to the Association President and- he
has not heard anything from him.
Supervisor MacManus moved the. Board adopt the following
resolution as presented and direct the County Attorney and Budget and
Finance Director to prepare necessary procedures to show interaction with
staff and the fire and. rescue organizations so that the process is understood
in their terms:
RESOLUTION TO AMEND. THE RESOLUTION '~
ESTABLISHING A POLICY GOVERNING ISLE OF WIGHT
COUNTY CAPITAL PARTLCIPATION IN VOLUNTEER
FIRE AND RESCUE ORGANIZATION PROJECTS
WHEREAS, the Isle of Wight County Board of Supervisors has
established a policy governing. the participation of Isle of Wight County
Capital Funds in requested projects of the various Volunteer Fire and
Rescue Organizations located throughout the County of Isle of Wight by
adoption of a written .policy. on August 1, 2000; and,
1
WHEREAS, aver additional consideration and consultation with the
Volunteer Fire and Rescue Association of Isle of Wight County, the Board
of Supervisors .deems it necessary to amend Paragraph 4 of the aforesaid
Resolution concerning compliance with the Virginia Procurement Act, Isle
of Wight County Procurement Policy and consultation with the Isle of Wight
County Volunteer Fire and Rescue Association.
17
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NOW, THEREFORE, BE IT AND. IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that the
Resolution to establish a policy governing Isle of Wight County Capital
Participation in Volunteer Fire and Rescue Organization .Projects adopted
August 1, 2000, paragraph 4 thereof, be amended to read as follows:
4. The Virginia Public Procurement Act. and the Isle of
Wight County Procurement Policy shall be adhered to and complied with for
all County funded Fire and Rescue-projects. Prior to the purchases, the Isle
of Wight County Volunteer Fire and. Rescue Association shall be consulted
for needs, specifications, potential bidders, and prior to acceptance of any
bid. Project management shall be performed jointly. by the individual Fire
and Rescue Association and the Director of Emergency Management.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the. motion (5-0) and no
Supervisors voting against the motion.
County Attorney Crook stated the Jewell Subdivision has now been
platted and recorded and the developer wants the County to sign off
approving the subdivision pursuant to the Deed of Trust. He noted that the.
subdivision plat does meet the Subdivision Ordinance requirements.-
Supervisor .Clark. moved the Board authorize the signature of the
Chairman and 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 Attorney Crook .advised that all factual meetings with AES
Engineering have been. completed and the attorneys are now negotiating.
County Attorney Crook. noted he had five (5) property matters and two
(2) litigation matters to discuss with the Board later in closed session.
// .
Chairman Bradshaw called for Old Business.
Chairman Bradshaw called for consideration of the Amendment to the
1991 Comprehensive .Plan for the Isle of Wight Bicycle and Pedestrian
Facilities Plan.
Supervisor MacManus moved the Board adopt- the revised Isle of
Wight Bicycle and Pedestrian Facilities Plan dated November 29, 2000 as an
amendment to the 1991 Comprehensive Plan. 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.
18
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Responding to an inquiry from Chairman Bradshaw, Beryl H. Perry,
Treasurer, advised that the delinquent tax list will be published in the
newspapers by January 1, 2001, as directed previously by the Board.
Supervisor MacManus requested the. status of the liability. issues
related to the Carrsville Volunteer Fire Department.
County Attorney Crook advised he would have a report for the Board
at its December 21, 2000 meeting.
Supervisor MacManus inquired about the appearance by URS/Greiner
concerning the impact on water quality in Eagle. Harbor..
Mr. Hartley advised .that he has been unsuccessful in scheduling a
meeting, but that he would continue trying to schedule a meeting.
Supervisor MacManus inquired about the status of a VIMS meeting on
the Jones Creek matter.
Mr. Hartley stated that he still needs to set up a meeting with VIMS
representatives to discuss No Wake Zones.
Supervisor Clark inquired about the status of Yellow Rock Road.
County Attorney Crook. advised he would follow-up with the owner's
attorney.
Supervisor Clark inquired about the status of Gayle Way.
Mr. Hartley noted Gayle Way continues to be on the list.
Chairman Bradshaw requested Mr. Hartley. provide the Board with an
update on the status of where these "pave in place" roads are in the process
and place it on the Board's next agenda.
,Chairman Bradshaw requested staff proceed with moving forward
with the installation of a ramp and .new carpet in the Real Estate Office.
1
Chairman Bradshaw asked the County Attorney if anything could be
done in regards to the .concerns expressed by Mr. Slate under Citizens
Comments concerning a variance from Board of Zoning Appeals.
County Attorney Crook advised that the Board of Zoning Appeals met,
with all members present and held a public hearing on the matter. He noted
two {2) persons appeared in opposition,. one of which was Mr. Slate. He
stated the-Board of Zoning Appeals found it was a hardship and that the lot
could not be used without the setbacks, which met the requirement .for a
19
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variance, and the Board of Zoning Appeals voted unanimously (5-0) for
approval of the variance. He advised that if the Board of Zoning Appeals ~
had acted contrary to law, the Board of Supervisors .would have the right to
take the Board of .Zoning. Appeals to court over .that issue, however, the
Board of Zoning Appeals is a judicial body and the Board. of Supervisors
does not have any authority over them.
Chairman Bradshaw requested staff provide a report back to the Board
on the issues raised under Citizens Comments from. Mr. Hayes regarding.
part-time convenience center employees.
Following comments from Supervisor Clark on .taxing of borrow pits
within. the County, County Attorney Crook briefed Supervisor Clark on the
history of previous borrow pits. in the County. Mr. Crook stated the Board
previously wanted an ordinance to apply a severance tax to borrow pits and
an ordinance was adopted and. an Attorney's General opinion was obtained
that said that there was no statutory authority for a severance tax. on borrow
pits.. He stated he would talk with Delegate Barlow about the possibility of a
severance tax for borrow pits and he may be willing to sponsor legislation on
this.
Mr. Robertson informed Supervisor Clark that new speakers have been
installed in the back of the Board Room.
//
Chairman Bradshaw called for New Business.
Supervisor MacManus requested staff, as periodically meetings are
held, routinely place the issue of the Eastern Virginia Airport Study in the
agenda. as consent information so that the Board is aware of what other
jurisdictions within that study area are .doing and what can be done as a
group.
//
Chairman Bradshaw called for Appointments.
Supervisor .Clark moved the Board reappoint Denise H. Richardson to
the Isle of Wight Substance Abuse Advisory Council. 'The motion .was
adopted unanimously (5-0).
Supervisor Clark moved the Board reappoint Eleanor Hawkins to the
Youth Services Advisory Board. The motion was adopted unanimously (5-
0).
.•.
,~
900n 1;j ~„~;`,-BUJ
Supervisor Claud moved the Board appoint Wesley Ray Holland to the
Citizens Advisory Committee for -:2001 Redistricting. The motion was
adopted unanimously (5-0).
Supervisor Claud moved the Board appoint Delores C. Darden to the
Citizens Advisory Committee for 2001 Redistricting. The motion was
adopted unanimously (5-0).
Supervisor MacManus moved the Board appoint Reverend James
Harrison to the Citizens Advisory Committee for 2001 Redistricting.. The
motion was adopted unanimously (5-0). '
Supervisor Clark moved the Board appoint R: Edward Blount, William
A. Bell, Jr, and.. Ann Edwards as the three (3) Electoral Board members on
the Citizens Advisory Committee for 2001 Redistricting. The motion was
adopted unanimously (5-0).
Supervisor Claud moved the Board appoint W. Douglas Caskey, H.
Woodrow Crook, Jr. and. Lyle D. Hornbaker as the three staff members on
the Citizens Advisory Committee for 2001 Redistricting. The motion was
adopted unanimously (5-0).
1
Supervisor Claud moved .the Board appoint H. Woodrow Crook as the
Chairman of the Citizens Advisory Committee for 2001 Redistricting. The
motion was adopted unanimously (5-0).
//
County Attorney Crook requested a closed session under Section 2.1-
. 344 A3 of the Freedom of Information Act concerning five (5) property
.acquisition matters for advice of counsel and staff where public disclosure
could .jeopardize the negotiating position of the County. He further
requested a closed session. under Section 2.1-344 A7 concerning actual
litigation and under Section 2.1-344 A7 concerning advice of counsel and
staffon probable litigation.
Mr. Small requested a closed session under Section 2.1-344 A7 ofthe
Freedom of Information Act concerning advice of counsel on a contractual
matter: under Section 2.1-344 A3 concerning two (2) property acquisition
matters; and, under .Section 2.1-344 AS concerning a prospective business
siting expansion.
1
Gerald H. Gwaltney, ,Commissioner of the Revenue, requested a
closed session under Section 2.1 344 A 1 of the Freedom of Information Act
concerning two (2) personnel matters, specifically. compensation of two (2)
employees..
21
800r: 1:J ~,;~:' ~ 1
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.
Upon returning to open session, Supervisor Bradby 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. l -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 memberas knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
.Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT. DURING MEETING: 0
The motion was adopted .with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors. voting against the motion.
Supervisor Clark moved the Board increase the compensation of the
Deputy Assistant to the Commissioner of Revenue. $200 per month.. The
motion was adopted (3-2) with .Chairman Bradshaw and Supervisors Bradby
and Clark voting in favor and Supervisors MacManus and -Claud voting. in
opposition to the motion. Supervisors MacManus and Claud- noted their
vote of opposition is because they would both prefer. a .generic policy if the
County proceeds down this path.
1
1
1
22
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9~~-~~. 1~ ~~.~-571
Supervisor Claud moved the Board authorize the County Attorney to
employ. the 'services of a surveyor.. 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 the County
Administrator to meet with the Commissioner of the Revenue expressing the
concerns of the Board relative to the matter brought before them. The
motion was adopted (3-2) with Chairman Bradshaw and Supervisors Claud
and MacManus voting. in favor of the motion and Supervisors Clark and
Bradby voting against the motion.
Supervisor MacManus moved the Board approve the settlement
agreement as discussed in closed session. The motion was. adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting. against the motion.
Supervisor Claud moved the Board authorize the County Attorney to
write to the parties involved in the property drainage dispute and advise
them that it is a civil matter between them and the County will not entertain
any further consideration of the matter. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
1
Supervisor Claud moved the Board authorize the County Attorney to
reject the donation of property .offer. The motion was adopted with
Supervisors MacManus, Bradby,.Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Supervisor Claud moved the. Board authorize the County to proceed
with preparation of resolution and advertising for public hearing for possible
condemnation of properly discussed in closed. session. 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.
//
At 7:00 p.m., Supervisor Bradby -moved the Board adjourn. The
motion was adopted unanimously (5-0).
1
enry H. Br dby, Chairman.
23