08-02-2001 Regular Meeting
REGULAR MEETING.. OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF AUGUST IN THE YEAR
TWO THOUSAND AND ONE
PRESENT: Henry H. Bradby, Chairman
Robert C. Claud, Sr., Vice-Chairman
Stan D. Clark
Richard K. MacManus
Phillip A. Bradshaw {Arrived at 2:40 p.m.)
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County AdministratorlDirector of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradby called the meeting to order at 2:00 p.m. Supervisor
Clark delivered the invocation.
The Pledge of Allegiance was conducted.
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Chairman Bradby called for Special Presentations.
County Administrator Caskey formally introduced Lawrence W.
Gernon, M.D., Western Tidewater Health District Director to the Board.
Dr. Gernon briefed the Board on projects currently underway with the
Health Department, i.e., working with school districts on the "Bright Future"
program; vaccinations; mosquito .control, particularly as it relates to the
elderly; and, an attempt to provide health coverage to uninsured and insured
individuals.
County Administrator Caskey formally introduced Gary Matthews,
Vice-President, Diversified Ambulance Billing, Inc., who briefed the Board
on the guidelines for billing of ambulance services (revenue recovery).
Supervisor MacManus inquired what is the administrative burden to
the rescue squads as they try to handle this new service. He further inquired
how citizens who are not financially able to pay this cost are dealt with in
other jurisdictions.
Regarding the non-insured, Mr. Matthews replied that Medicare
requires that an attempt be made to bill everyone. He stated Diversified
Ambulance Billing, Inc. sends .three (3) notices of some form, i.e.,
informational, signature letters or .actual. statements which represent a
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notification that a person owes a particular amount. He stated in some
instances it is indicated that this is not a bill, however, it is at least a notice
because in the top right hand corner it would state the date of service and the
amount the person was being billed. He stated once this cycle is complete,.
it is entirely up to the governing body to either send the bill to a collectio
agency or inquire if the person can make some a of n
arrangement. He stated if the answer is "no, they can nott afford to pa an t
amount", then some form of letter is requested by the individual indi sting
that they are unable to pay. He stated this letter is then presented to.the
governing body for recommendation for "write-off".
Supervisor Claud inquired how the cost of administration is handled.
Mr. Matthews advised that a percentage of actual collected dollars will
be requested from the County..
Supervisor Claud inquired how billing of ambulance services is
accepted by the volunteers.
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Mr. Matthews stated generally very well. He stated once everyone
understands .why, it is amazing how the community will embrace it. He
stated donations also do not decrease.
Anne F. Seward, Director of Budget and Finance, formally introduced
Joanne Carter and Jennifer Ulrich, representatives with Public Financi
Management, to the Board. ~ al
Ms. Carter stated a debt profile of the County was created in an ef'f'ort
to perform various analyses. She stated at this time it is not financially
feasible for the County to refinance its $1.6 million outstanding bonds
because the cost associated with going to market for that size transaction
would eat up the. savings. She stated her firm would continue to monitor the
savings associated with that refunding opportunity as the County prepares to
go to the market for any new money transactions. She stated her firm would
develop a model for the County's comprehensive financial plan which
allows the County to project its revenues, expensesand fund balance. She
stated after this step is completed, her firm would look at .revenue
enhancement opportunities, debt capacity and debt affordability. She stated
her fine would also help develop financial policies.
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Ms. Ulrich presented to the Board afive-year forecast sample model
for the County.
Supervisor Bradshaw arrived at the meeting.
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Chairman Bradby indicated the following Consent Agenda included
Items 2, A through C, and asked if therewere any items for removal:
A. Jamestown/Camptown CDBG Community Improvement Grant -
Blight Clearance
B. June 28, 2001 Continued Meeting Minutes
C. July 5, 2001 Regular MeetingMinutes
Supervisor Clark 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. Bradby called for Regional Reports.
Regarding the Southeastern Public Service Authority, County
Administrator Caskey reported that the following occurred at the July
meeting: Election of Officers for the coming year with the existing set of
officers being reinstated; SPSA is moving forward with advertising on
transit vehicles on both. its truck and recycling fleets; a resolution was.
approved regarding the private haulers and member communities; a status
report was provided on curbside collection analysis for recyclables; and
SPSA will not be holding a meeting in the month of August.
Regarding the Western Tidewater Water Authority, Supervisor Claud
reported that on August 16, 2001 a ribbon cutting would be held. He further
reported that he had attended the NACo conference in which the County
received an achievement award for Boykin's Tavern. In addition, he had
attended a scoping meeting on Monday at which he stated the Board's
position that if there is a new alignmentfor Route 460 that it be in close
proximity to the existing alignment and the Town of Windsor. Finally, he
noted he had attended a growth and economic development meeting at
which direction was given to establish a subcommittee to review growth
issues and that eight (8} members were appointed to the subcommittee. He
noted Jerry Kilgore is running for Attorney General and will no longer be
working with the commission. In this regard, the firm of Williams and
Mullens has. been retained at the same. fee as Jerry Kilgore. He noted .the
County should anticipate a contribution of $1,000 to further this effort
similar to last year.
Regarding the Hampton Roads Partnership/MAPS Process, Donald T.
Robertson, Assistant County Administrator/Director of Human Resources,
reported at the July 18`'' meeting potential regional projects were discussed,
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including major league baseball and the creation of a Paul D, C
Community College Technical Center in Western Tidewater. amp
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Supervisor Bradshaw requested Mr. Robertson to check on the process
by which the PDCCC proposal was included in the regional list of projects
and provide the details to the Board at a future meeting.
Regarding the Mayors and Chairs Caucus, Chairman Bradby reported
that the meeting for August was cancelled. He noted the next meeting is
proposed to be sponsored by the County and is to be held at The Smithfield
Center.
Chairman Bradby reported on a meeting held earlier today at Tylers
Beach with the Corps of Engineers. He invited interested Board members to
come and view the site. He advised that the County is being requested to
find a disposal site for dredged material.
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Chairman Bradby called for Transportation Matters
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In the absence of the Director of Planning and Zoning, .James
Randolph, Planner, made reference to a letter dated July 19, 2001 and
contained in the agenda which was received from the VDOT Resi
Engineer pertaining to the request for stop signs and other traffic control
measures on Whippingham Parkway.
Supervisor Clark requested .that the VDOT Resident Engineer be
invited to attend the Board's August 16, 2001 meeting to explain some of
the inconsistencies contained in his letter.
County Administrator Caskey noted he would request the Resident
Engineer's appearance.
Supervisor MacManus requested that a copy of the letter also be
forwarded to the Sheriff:
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Chairman Bradby called for Citizens Comments.
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There were no comments from citizens offered.
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Chairman Bradby called for the Community Development report.
There was no report offered for discussion.
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Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree, P. E., Director of Fublic Utilities reported on the
status of fluoride. He stated staff has corresponded with DEQ to decline
their offer of a grant at this time and he has had ongoing discussions with
DEQ staff on the fluoride issue. He stated a meeting is scheduled for next
week with. a .groundwater well drilling expert and the Board should
anticipate a presentation at its September 6, 2001 meeting
Mr. Rountree reported on staff's efforts to develop a ten-year
construction and operational replacement plan for water and sewer. He
stated staff is having ongoing. meetings with the local Health Department
relative to where septic .problems are occurring. He noted information
gathered from a meeting with the Department of Economic Development
and other departments regarding the extension of utilities will be submitted
to the Board for its review this Fall at .which time a financial .plan for
accomplishing such will also be presented.
Supervisor Bradshaw requested a status report on the systems and
what it would take to make them operational over the next ten (10) years.
Mr. Rountree offered to incorporate this into his report to the Board in
the Fall.
Supervisor Bradby inquired about the status of the Rushmere
Volunteer Fire Department's water system.
Mr. Rountree advised that the project is anticipated to be complete in
mid-September.
Regarding Supervisor MacManus' previous request for an update at
the Board's August 2, 2001 meeting regarding ..Smithfield water
consumption/sales in the Gatling Pointe Subdivision, Supervisor MacManus
requested that the information provided by Mr. Rountree be passed on to the
Town of Smithfield and incorporated into discussions with the
Intergovernmental Committee meeting anticipated in late August.
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Chairman Bradby called for the Economic Development report.
Patrick J. Small, Director of Economic Development, presented a
contract for Community Development Block Grant Management Services
from K.W. Poore & Associates in the amount of $31,500 for the pump
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station at the Shirley T. .Holland Commerce Park for the Board's
consideration.
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Supervisor Claud moved the Board approve the contract agreement
with K.W. Poore & Associates, Inca and authorize the Chairman to sign
same. 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 Bradby called for the Parks and Recreation report.
Alan S. Nogiec, Director of Parks and Recreation, provided a progress
report on the following construction projects:
Skate Park (Carrollton Nike Park): 95% complete. Available for
use in the next two (2) weeks.
Restrooms (Carrollton Nike Park): 60% complete. Open within
the next thirty (30) days.
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Fishing Pier/Floating Dock (Jones .Creek Boat Ramp):
Completed and currently in use.
Supervisor Clark noted an increase in trash at the Jones Creek Boat
Ramp and urged the Director of Parks and Recreation to work in
conjunction with the Sheriff to keep the site as clean as possible.
Restrooms (Jones Creek Boat Ramp): 90% complete. Awaiting
an inspection from the contractor and hook-up from Virginia
Power.
. HVAC System (IOW/Franklin Skating Rink): Units received by
Atlantic Shores Heating and Cooling and work anticipated to
commence shortly.
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Parking Lot Re-Surfacing (IOW/Frankln Skating Rink):
Department of Planning and Zoning is in the process of
reviewing to determine how to meet the requirements of the
Highway Corridor Overlay District.
Mr. Nogiec presented a proposed fee schedule for. the Skate Park at
Nike Park for the Board's consideration.
Supervisor Clark moved the Board adopt the following fee schedule:
Annual Pass
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County Resident ($50.00)
Out of County ($75.00).
Daily Admission
Youth ($3.00)
.Adult (18 and older} ($5.00)
The motion was adopted with Supervisory MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
'Supervisor Clark inquired as to the status of the Parks. and
Recreational Advisory Committee meeting.
Mr. Nogiec reported at the August 8, 2001 .Committee meeting there
will be a presentation on the draft master plan for the Central County Park.
He noted this should serve to entice those on the Committee that have not
been in .attendance to attend. the meeting.
Supervisor Claud complimented Mr. Nogiec on the insert placed in
The Smitl f eld Times and requested he continue to place inserts in the
various newspapers from time to time.
Supervisor Clark expressed his appreciation for the expeditious timing
of the. new Skate Park. He requested Mr. Nogiec recognize those individuals
involved in this effort at the appropriate time.
County Attorney Crook inquired as to the status of the liability release
forms for the Skate Parka
Mr. Nogiec advised that Debbie Weir, of his staff, had met with Dale
Phelps, the Assistant County Attorney, to discuss the matter.
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Chairman Bradby called for the Emergency Management report.
Pursuant to the Board's previous discussion on a proposed date for a
joint meeting between the Board and the. Fire and Rescue Association,
Richard O. Childress, Director of Emergency. Management, advised .that
September 11, 2001 is a suitable date with the Association. He noted the
meeting will take place at ?:00 p.m. and suggested the Social Services
Demonstration Room as a suitable location.
Supervisor MacManus inquired about the status of cots for the
emergency shelters.
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Mr. Childress reported that storage containers are in place and the cots
will be moved tomorrow.
Supervisor Claud noted .complaints received by him regarding the
inability of Windsor Volunteer Rescue Squad personnel to clearly hear
Smithfield dispatchers.
Mr. Childress reported that Chief Marshall is proceeding to procure
headsets because certain Smithfield dispatchers are not properly speaking
into their microphones.
Supervisor Bradshaw inquired if the radio system upgrades to prevent
dead spots in Rushmere and Carrsville have been addressed.
Mr. Childress noted the system currently in place was designed for rise
with base station and mobile type radios and not for use with handheld
radios. He noted the antenna has been raised on the tower to address this
concern. He noted, however, there is still a dead spot in the western portion
of the County (Rattlesnake Swamp area) with respect to the rescue channel
which the contractor will address by sending the County another proposal
for the installation of an additional antenna on the tower.
Mr. Childress presented a Statement of Understanding between Isle of
Wight County, Isle of Wight County Schools, Isle of Wight County Social
Services and the Hampton Roads Chapter of the American Red Cross for the
Board's consideration.
.Supervisor MacManus moved the Board approve the agreement and
authorize the Chairman to sign the Statement of Understanding on behalf of
the County. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and. Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Responding to Supervisor MacManus' concern that all staff persons "`
should be encouraged to undergo training, Mr. Childress noted that forty
(40) Social Services' personnel have undergone training, as well as Red
Cross personnel..
Supervisor Claud emphasized the need for all .County employees.
involved in sheltering operations to be properly trained and certified.
Supervisor Bradby inquired about the status of the generator at the
Rushmere Volunteer Fire Department.
Mr. Childress reported that the .switching device for the generator is
presently being installed.
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Chairman Bradby called for the County Administrator's report.
County Administrator Casket' presented information regarding the
development of a strategic plan of action for the County for the Board's
input and direction,
Supervisor Claud moved the Board appoint Supervisors Bradshaw and
MacManus, in conjunction with County staff (as appropriate), to further
formulate the Board's nine. (9) visionary goals as part of the. County's
Strategic Plan, with such draft` to be brought back to the Board for its review
and comments. Subsequent to Board approval of the above noted goals,
staff will devise a specific plan of action for said goals, to include
implementation .target dates, to be brought back to the Board for its
consideration and approval as part of the County's Strategic 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.
Demetrios Peratsakis, Western Tidewater Community Services Board
Executive Director, presented the Western Tidewater Community Services
Board FY2002 Performance Contract for the Board's consideration.
Supervisor Clark moved the Board approve the FY2002 Community
Services Board Performance Contract,. subject to the review of the County
Attorney. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion:
County Administrator Casket' presented a proposed 2002 Legislative
Priorities list to be submitted to the County's delegation for the Board's
discussion
Supervisor Bradshaw moved the Board direct staff to communicate to
the members of the General Assembly the Board's desire to hold a
legislative meeting regarding the County's priorities in November after the
election. Staff is to further communicate with the School Board regarding
their legislative issues and the incorporation of it into. the Coun*.v's
legislative priorities package. Staff is to also list specific examples ~ of
several unfunded mandates .and present these to the Board for its review at
its September 6, 2001 meeting. The motion was adopted with -Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting .against the motion.
County Administrator Casket' presented for the Board's viewing a
video entitled "Working Together for .the Common Good", produced as a
cooperative effort between VACo, VML and the Virginia Local Government
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Management Association. County Administrator Caskey noted the video.
will be located in his office should any Board member wish to view it again.
County Administrator Caskey distributed information pertaining to the
efforts being undertaken by the .Hampton Roads Chamber of Commerce
relative to the next Inter-Regional visit.
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Chairman Bradby called for the County Attorney's report.
County Attorney .Crook. reported that the delinquent tax .collection
attorney is proceeding in accordance with the wishes of the Board, as
suggested by the Treasurer, to advertise mare than .thirty (30) parcels
simultaneously.
County Attorney Crook reported that the flood elevations are
progressing well and should be completed by September 1, 2001. He
advised that flood property acquisitions, with the exception of one (1), have
been completed. The remaining property acquisition will be addressed in
Court in order to determine the owners and their whereabouts.
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Chairman Bradby called for Old Business.
Supervisor Clark moved the Board direct staff to forward a copy of the
letter concerning the designation of Ragged Island as an exceptional
waterway to Senator Quayle and Delegate Barlow to ensure that they know
the County's. position on such designation in case they receive any inquiries
from DEQ. 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 requested the County. Administrator again
communicate to the. Charter Communications General Manager the
County's request for abuild-out map.
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Supervisor MacManus moved the Board direct the County Attorney to
draft a letter for .the Board's review to ensure that interested parties
understand the Board's desire for 100 ft RPA setbacks.. The motion. was
adopted with Supervisor MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors .voting against tl~e
motion.
Regarding the request of the Peninsula Home Builders Association to
jointly meet with the Board, Supervisor Clark moved the Board direct the
County Administrator to advise Debra Darr. with the Peninsula Home
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Builders Association that the Board is willing to meet .with them if the
public is allowed to attend the meetings. The Association is to come back
with topics of discussion and the .format before the Board decides how to
meet with. the Association. The motion was adopted (4-1) with Supervisors
MacManus, Bradby, Clark and Claud voting in favor of the motion and
Supervisor Bradshaw voting against the motion.
Supervisor Bradshaw noted that he had reservations .about meeting
with a special interest group because the Board will also be required to meet
with any. other citizen .organization that wants to meet with the Board. He
stated the Board meetings are public meetings and the Association can
present their comments in public under Citizens Comments.
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Chairman Bradby called for New Business.
Supervisor Claud noted he would be attending the .meeting with
Congressman Forbes on August ?, 2001 at 9:30 a.m. in the County
Administrator's office and invited other interested Board members to also
make an appearance.
Supervisor. MacManus requested Lyle Hornbaker to look into the
purchase and installation of the necessary brackets for hanging the projector
screen in the Board Room.
Supervisor Clark requested Mr. Hartley provide him with a copy of the
"Cultural Resources document" which was required to be submitted: by the
Eagle Harbor developer before submittal of his development plans.
Pursuant to Supervisor Clark's request. for the status of the Board's
.request for staff to investigate who is responsible for monitoring the
roadway leading to Ragged Island and to follow through with conveying the
Board's. concerns as to its use so as to ensure that there is no damage to this
area, County Attorney Crook reported that his legal assistant is searching the
records in the circuit Court Clerk's office to determine who the property
owners along the river are and, when -this is completed, he will discuss the
matter with the Deputy Game and Inland Fisheries who has control of the
Park area.
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Chairman Bradby called for Appointments.
Supervisor Claud moved the Board reappoint Henry H. Bradby as the
Board's representative on the Transportation Safety Committee. The motion
was adopted unanimously (5-0).
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Supervisor Bradshaw requested Mr. Robertson provide the Board with
his recommendation of a representative .for the Southeastern Tidewater
Opportunity Project at a future meeting.
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County Attorney Crook requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act to discuss four (4) matters
involving acquisition of property for public .purposes where disclosure
would adversely affect the County's bargaining position and under Section
2.1-344 AI to discuss three (3) matters involving personnel issues.
Supervisor Clark requested a closed session under Section 2.1-344 A3
of the Freedom of Information Act to discuss acquisition of property for
public purposes where disclosure would adversely affect the County's
bargaining position.
Supervisor MacManus requested a :closed session under Section 2.1-
344 Al of the Freedom of Information Act to discuss three (3) personnel
matters.
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County Administrator Caskey requested a closed session under
Section 2.1-.344 A 1 of the Freedom of Information Act to discuss two (2)
personnel matters.
Supervisor Clark moved the Board enter closed session for the reasons
stated. The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claud voting in favor of the motion (5-0) and no
Supervisor voting against the motion.
Upon returning to open session, Supervisor Bradshaw 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 .member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the. closed meeting to which this certification
resolution applies, and {ii) only such public business matters as were identified
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in the motion convening. the closed meeting were heard, discussed or
considered. by the Board of Supervisors.
VOTE
AYES: MacManus, Bradshaw,. Bradby, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0 '
..ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Supervisor Claud moved that the application to rezone the property as
discussed in closed session be filed for the Sustainable Forest property and
the Gray property. The motion was adopted with Supervisors Maclvianus,
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
negotiate an option on property as discussed in closed session and that the
Director of Budget and Finance be included in such discussions. 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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At 6:16 p.m., Supervisor Claud moved the Board adjourn. The motion
was adopted unanimously (5-0}.
Henry H. radby, Chairman
W. Dou~as C~skey, Clerk
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