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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. /1 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 1 ac~r, 2U :h~~373 C] 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. 1 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. 1 Ms. Ulrich presented to the Board afive-year forecast sample model for the County. Supervisor Bradshaw arrived at the meeting. // 2 s~~~ 2C~ ;,~-374 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. // 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, 3 d~~r, ~J .,..375 h~. including major league baseball and the creation of a Paul D, C Community College Technical Center in Western Tidewater. amp 1 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. // Chairman Bradby called for Transportation Matters 1 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: f/ Chairman Bradby called for Citizens Comments. U There were no comments from citizens offered. // Chairman Bradby called for the Community Development report. There was no report offered for discussion. 4 ---- /I eo~K zo N.:~37s 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. // 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 1 t 5 station at the Shirley T. .Holland Commerce Park for the Board's consideration. r- i,, ~~ 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. // 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. ~-- i 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. 1 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 6 ao~~ 2J .~.:~:378 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. // 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. 1 1 1 7 n~~„ 2~~ ~~.:-~379 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. 8 ~~ aooti 2~ h~~380 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 ~l [1 9 r, sac~r, 2(~ .,:~3~1 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. // 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. 1 // 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. L 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 10 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. !/ 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. // 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). 11 e~.~~ ~~ . ~~3 Supervisor Bradshaw requested Mr. Robertson provide the Board with his recommendation of a representative .for the Southeastern Tidewater Opportunity Project at a future meeting. // 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. ~1 ~, 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 12 • eoc~ 20 :~ .~~84 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. // 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 1 1 1 13