09-06-2001 Regular Meeting
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.REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS: HELD THE. SIXTH DAY OF SEPTEMBER 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
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Admnistrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradby called the regular meeting of the Board together at 2:00
p.m. .Reverend Charles Beard of First Gravel Hill Church delivered the
invocation.
The Pledge of Allegiance was conducted.
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Chairman Bradby called for consideration of the Board of the
following application:
The application of F. Bruce Stewart & Holt M. Livesay, owners and
Veterans of Foreign Wars, Franklin Post 4411, prospective owner for a
change. in zoning classification from NC-R2 to Conditional General
Commercial, 4.3 acres of land located on the east side of North Lynn
Road, Franklin, in Windsor Magisterial District. The purpose of the
application is for the home post for the Veterans of Foreign Wars,. Post
4411 Franklin and mini storage rentals. .
Chairman Bradby advised that at the Board's regular meeting of
August 16, 2001, Supervisor MacManus moved the Board approve the
application. of F: Bruce Stewart & Holt M. Livesay based on the June 21,
2001 letter of proffers and including the July 14, 2001 proffered changes,
which resulted in a tie vote (2-2) with Supervisors MacManus and Bradby
voting in favor; Supervisors Clark and Claud voting against the motion; and,
Supervisor Bradshaw abstaining- from voting noting a conflict of interest.
Chairman Bradby reported the official Tie Breaker (G. W. White, Jr.) is
present to cast his vote on this. matter..
Mr. G. W. White stated he studied the package provided to him by the
County Attorney. He stated he attended a meeting set up by Supervisor
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Bradshaw with staff of the Particle Board Division of International. Paper.
He, stated he had strong feelings regarding. property: rights and it is his belief
that the County should accommodate those rights to its best. ability. He
stated he also respected International. Paper's property rights -and he believes
the American Legion will respect .those rights and give consideration to
International Paper's concerns.
Mr. White .voted in favor of the rezoning application of F. Bruce
Stewart & Holt M. Livesay. The motion was adopted (3-2) with Supervisors
MacManus and Bradby and tie breaker G. W. White voting in favor;
Supervisors Clark and Claud voting against the motion; and, Supervisor
Bradshaw abstaining from voting noting a conflict of interest..
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Chairman Bradby recognized Judy Little in attendance, a member of
the Surry County Board of Supervisors.
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Chairman Bradby indicated the following Consent Agenda included
Items 2, A through E, and asked if there were any items for removal;
A. Resolution to Deem Certain Property and Vehicles as Surplus
Equipment
B. Resolution to Appropriate $4,269,030 From .the Unappropriated
Fund- Balance of the General Fund for the .Completion of
Various Carryover Capital Projects
C. Resolution to Appropriate $4,407,767 From the Unappropriated
Fund Balance of the General Fund for Various Capital Projects
D. Mosquito Control
E. August 2, 2001 Regular Meeting Minutes
Supervisor Bradshaw requested that Item "B" be removed from the
Consent Agenda. and moved to Old Business for further discussion. 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 the Board adopt the .Consent Agenda with
the exception of Item "B". 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.
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Chairman Bradby called for Regional Reports.
Regarding the Southeastern Public Service Authority, Supervisor
MacManus reported that there was no meeting held last month.
Regarding the Intergovernmental Relations Committee, Supervisor
MacManus reported that both the Towns of Smithfield- and Windsor had
representation at the meeting.. He noted regarding the utility tax, the Town
of Smithfield will be making additional payments to the County and that
action will be taken by the October Town Council meeting. He noted
regarding the $60,000 for fire and rescue, $30,000 has been allocated for the
Smithfield Volunteer Fire Department, but if there are sufficient. funds
remaining, that those funds will be used for the rescue squad, as needed. He
noted the need for.. additional .funding was indicated to the Town of
Smithfield and will be addressed at future meetings. with the Town with
regard to the rescue squad. He noted the need to address the three (3)
governmental access channels was discussed with the General Manager of
Charter Communications as to how the County intends to allocate those for
local use. He stated proffers for the London Park development were
discussed and the Town of Smithfield did acknowledge that 100% of the
cash proffers for all developments that had been negotiated prior to
annexation do go back to the County. He stated the potential for a fee
service for dispatch was discussed and the Town of Smithfield indicated that
it would be supportive if there was a billing process implemented. He stated
staff indicated to the Town of Smithfield that Gatling Pointe would be
relying upon Town water, as opposed to the well, and an agreement for
Battery Park dealing with the fluoride issues is being set up. He stated staff
did indicate to the Town of Smithfield that there was no need for Smithfield
Heights to have water from the. Town. He stated a depletion of inventory of
items for sale for tourism was noted and there is agreement by the Town of
Smithfield and the County representatives that the profits for FY01-02 from
the Gift Shop and Walking Tour would be used to replenish inventories.
Supervisor Bradshaw noted that the meeting. that was established with
the City of Franklin to discuss issues was postponed due to his inability to
attend. He noted the Franklin City Manager and County Administrator
Caskey are in the process of rescheduling such meeting.
Regarding the Southside Mayors and Chairs, .Chairman Bradby
reported that $25,000 was allocated for the study for improvements to Route
.460 although no funds have been appropriated for construction. He
`suggested that contact be made with Senator Quayle who is on the
Transportation Committee in the General Assembly to advise of the
County's interest in this project. He also advised that Richard L. Turner has
agreed to accept the appointment to the Hampton Roads Work Force. He
advised that therewill be a network delegation from the British government
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at a meeting on September 13th. He further advised that in .October, 2001,
representatives of the Mayors and Chairs plan to .travel to Austin, Texas to
review their economic development opportunities.
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Chairman Bradby called for Transportation Matters.
Under Current Road and Highway Projects, James Randolph, Planner,
noted included in the agenda is a summary report of the .Current Road and
Highway Projects dated September. 6, 2001. He noted -staff had met with
VDOT representatives at the quarterly administration meeting with
information received reflected in an updated list for the Board's September
20, 2001 meeting in anticipation of the VDOT Resident Engineer's quarterly.
appearance before. the Board.
Mr. Randolph reported under the Primary Road project list, that Item
#8, paving at Smithfield Station, is complete. Under Item # 13, Route 460
flooding, staff met with VDOT on August 16, 2001 and VDOT has proposed
to install additional drainage culverts under Route 460 and on Fire Tower
Road which will be funded under. VDOT's .maintenance budget.
.Construction, should begin in April, 2002 and be complete by June 1, 2002.
.Under Secondary Road projects, Item #9, Whippingham Parkway, "Watch
for Children" signs ..have been installed and speed limit signs posted. Item
#2, centerlines on secondary roads, VDOT has advised that .this is not a
statewide. problem and that VDOT will work with the County on a case-by-
case basis. ,Under Rural Addition roads, South Johnson .:Avenue has been
taken. into the State system .and assigned State Route number 1.829. The
road will be widened and will receive surface treatment and a cul-de-sac. will
be constructed. The start date is October 23, 2001 and construction should
be complete by May 31, 2002. He noted .staff has met with VDOT regarding
Duke's Lane and with Verizon engineers to get. preliminary cost. estimates
for the relocation of telephone lines within the right-of--way.
Under Item #2, .Primary Road projects, .Supervisor Bradshaw noted
that the Kings' home has been .-demolished for the construction of Route
260. Mr. Randolph added that the project is anticipated to be complete by
June 1, 2003.
Under Item #7, signal lights at the emergency facilities; Supervisor
Bradshaw moved the Board direct staff to correspond with Mr. Cleveland,
VDOT District Administrator, .requesting that VDOT fund- the .two (2)
emergency facility lights at Windsor and Rushmere and that the :funds come
from the Surface Transportation Funds, 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 the motion.
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Chairman Bradby noted the possibility of an accident occurring at the
Rushmere Volunteer Fire Department due to the curve in Route 10. He
requested that staff .follow-up after the letter is sent in case there is no
response.
Supervisor Clark inquired as to the status of the James River Bridge
turnaround and message boards.
Mr. Randolph reported that the proposal of message boards at Route
10/32 and Route 258 and an additional message board. at the bridge, as well
as the. issue of placing a gate at the Isle of Wight and the City of Newport
.News .sides of the bridge were discussed at the quarterly meeting. He noted
the City of Newport News is not desirous of placing such a gate citing back-
up of traffic on that side of the bridge. He noted VDOT will be performing a
cost benefit analysis. Regarding the turnaround, Mr. Randolph reported that
the City of Newport News. is also not interested in pursuing such
construction and this is not part of the cost estimate in VDOT's proposal.
Supervisor Clark noted that Carrollton should also be included in the
list concerning the signal .lights at the emergency. facilities for Windsor and
Rushmere.
Supervisor Clark requested that when notices are sent to adjoining
property owners of Yellow .Rock Road that staff explain the process and
inform the residents that the County does not have the capacity to maintain
the road, but that the County has done all it can up to this point in time and
it is now a VDOT funding matter.
hJnder Item # 10, Primary Roads, Supervisor Bradshaw advised that
construction and utility work has begun on the Blackwater Bridge in
Franklin.
Jonathan W. Hartley, Director of Planning and Zoning, presented a
Resolution Requesting the Addition of A Portion of Roosevelt Avenue
(Route l 609) Into the State Secondary Road System for the .Board's
consideration.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION REQUESTING THE ADDITION OF
A PORTION OF ROOSEVELT AVENUE (ROUTE 1609) INTO THE
STATE SECONDARY ROAD SYSTEM
WHEREAS, the street described below was established on August 28,
1912, and currently serves at least 3 families per mile, and
WHEREAS, the Virginia Department of Transportation has deemed
this, county's current subdivision control ordinance meets all necessary
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requirements to qualify this county to recommend additions to the secondary
system of state highways, ,pursuant to § 33.1-72.1,
WHEREAS, after examining the ownership of all property abutting
this street, this Board finds that speculative interest does not exist,
NOW, THEREFORE BE IT RESOLVED, this Board requests the
following street be added to the secondary system of state highways,
pursuant to § 33.1-72.1 (C), Code of Virginia:.
Name of Street: Route 1609 (.Roosevelt Avenue )
From: Intersection of Route. 1610 (Lincoln Avenue)
To: 0.042 mi E. Route 1610 (Lincoln Avenue)
Guaranteed Right - of -Way Width: 40 feet .
The street described above was established by plat titled Map of
Jamestown Annex prepared by Day, Bonney & Co. and located iu the
Clerk's Office of the Circuit Court of Isle of Wight County, Virginia,
in Cabinet 1, Slide 376
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements for
cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the Virginia
Department of Transportation to improve said .street to the prescribed
minimum standards, funding said improvements .pursuant to § .33.1-72.1
(C), Code of Virginia.
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 distributed a letter from the VDOT Resident Engineer;
received yesterday, concerning a cost estimate for paving. Holly Point. Way,
as a result of the request by the County to have the roadway included into
the -Route 10 project. He noted VDOT has advised .that Route 1:0 is a
primary road and Holly .Point Way is a secondary road .and to date. there has
not been a secondary road improved with primary funds. ~.
Supervisor Bradshaw suggested staff meet with Mr. Cleveland at the
site. Supervisor MacManus directed staff to pass on pertinent information
to the citizens to keep them up-to-date and advise that VDOT is throwing
obstacles in the County's way, but that -the County is continuing to work in
this regard.
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Chairman Bradby called for Citizens Comments.
Grace Keen, on behalf of the Beautification Committee, requested the
Board take into consideration the development of a parking area and park in
front of the Circuit Court building. She further commented on the Peninsula
Housing and Builders Association's request for meetings with the .Board.
She requested that citizens be allowed to ask questions during the meetings
and. uggested that they could put their questions in written form for the
Board members to present.
Thomas Finderson addressed the Board regarding Founders' Pointe.
He noted that upon build-out, the traffic count will exceed the traffic count
between Windsor and Smithfield.. He requested that Sugar Hill Road, from
the Founder's Point curve to the stop sign, should be replaced with a
highway comparable to Route 258 from Smithfield to Windsor. He noted a
need for. additional right-of--way for mail carriers and that the curve be
straightened to a "T". He requested a new traffic study, additional culverts
installed under the :roadways leading to the homes, as well as under Sugar
Hill Road, to .handle flooding.
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Chairman Bradby called for the Community Development report.
Pamela Shaw, Environmental Planner, addressed the Board
concerning sponsorship of the South Hampton Roads Resource
Conservation and Development District (RC&D). She stated the goal of the
project is to ,assist local residents to plan and carry out ideas that increase
conservation of natural resources, support economic development and
enhance the environment and standard of living in local communities. She
stated the project is sponsored by the U.S.D.A. Natural Resources
Conservation Services, however, the projects. are solely decided upon by the
local councils. She stated included in the Board's agenda is a list of staff's
recommended projects. She advised that should the Board decide to sponsor
the projects, the Board would need to appoint two (2) individuals to serve on
the Council. She further advised that financial support in the future will
consist of between $1,000 and $3,000 for education of Council members
and to help fund a halfaime Administrative Assistant.
Judy Little spoke on behalf of the future South Hampton Roads
Conservation District proposal.. She stated staff anticipates funding from the
Federal Government to be forthcoming. -She stated the County can
anticipate receiving $10 for every $1 it contributes. She encouraged the
Board to support the proposal and appoint the two (2) individuals to the
Council.
Supervisor Bradshaw moved the. Board authorize the Chairman to sign
the sponsorship with the understanding that the County. will need to appoint
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two (2) members for the Council and that the County is committing to a
future (this budget year) commitment to funding in the amount of up to
$3,000. 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 presented a schedule for consideration of the Founders'
Pointe Master Plan.
Noting that the Plan has not yet been discussed by the Board, ,
Supervisor Bradshaw recommended setting a time prior to the Board's
regular meeting for discussion.
Supervisor Clark moved the Board further review the guidelines
established by the Planning Commission and .meet at 1:00 p.m. on October
4, 2001 prior to its regular 2:00 p.m. meeting for the Board to .present
questions with another meeting to be scheduled in November for responsES
and follow-up. 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 requested the Board give consideration of a date to meet
jointly with the Planning Commission. He advised- that he has spoken with
Ed McMahon whose first available date to appear before the Board is
November 5, 2001.
Supervisor Bradshaw stated that Mr. Hartley has. indicated the meeting
will be devoted to discussing the main priorities and revising the Zoning
Ordinance. He stated the Board has not yet discussed what .the main
priorities are and how can the Board hold a joint meeting .with the Planning
Commission and provide direction if the Board has not. yet set up specific
goals for the Planning Commission. He suggested the Board first establish
its priorities, vote on them and then meet with the Planning Commission.
Supervisor MacManus moved .the .Board direct Mr. Hartley to invite
Ed McMahon to address the Board on November 5, 2001. at 7:00 p.m. The
$1,200 fee for Mr. McMahon is to be taken from the Contingency 1~und.
The Planning Commission is encouraged to be in attendance and staff is to
formally invite the Town Councils and Planning. Commissions for the Towns
of Windsor and Smithfield, as well as make public invitations through the
newspapers... Staff is to further check with. the School Administration to
determine if the Smithfield High School auditorium can be utilized. The
emotion 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 Bradshaw moved the Board direct `staff and the County
Attorney deliver to the Board members their major priorities in revising the
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Zoning Ordinance prior to the meeting which is to be held to discuss the
Zoning Ordinance. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and
no Supervisors voting against the motion.
Supervisor Claud moved the Board direct that Mr. Hartley provide a
revised schedule on the redraft of the Zoning Ordinance as a result of
moving the meeting date with the Planning Commission past November.
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 presented a U.S. Army Corps of Engineers proposal. to
reissue and modify regulations for nationwide permits.
- Supervisor Bradshaw stated he understands the Corps of Engineers,
through the Bush Administration, is looking at allowing building within the
100 foot buffer. He offered to provide Mr. Hartley with additional
information for his perusal.
Supervisor Clark requested that Mr. Hartley find out if CBLAD or
DCR have taken any position on these regulations.
Mr. Hartley advised the full CBLAD Board would be meeting on
September 17, 2001 at 10:00 a.m. in Richmond in the Conference Room at
the .James Madison Building to consider the Plan and whether it is
consistent with the requirements of the Chesapeake Bay Act. He noted he
would be attending and invited interested Board members to also attend.
Supervisor Bradshaw noted he would try to attend.
Supervisor Clark requested Mr. Hartley to verify a meeting on October
4, 2001 in Richmond regarding exceptional waterways.
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Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, noted at the
Board's August 6, 2001 meeting he provided the Board with an update on
its fluoride situation and recommended the Board reject the loan application
approved for the extension of certain water lines. He stated the Board
directed him to look at the possibility of drilling test wells with the idea of
finding a new well at the County's existing Carrsville and Smithfield
Heights systems. that may have a fluoride content below 4.0 parts per
million. He stated staff has met with the County's consultants and selected
Garland Sydnor to assist the County in this regard.
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Garland S. Sydnor, Jr. briefed the Board on .the course of action. and
cost estimate for drilling new wells with fluoride below 4.0 parts per million:
He advised. that that his. best estimate for drilling a new well with fluoride '
below 4.0 parts per million was 70% - 30% for Smithfield.. Heights -.and 40%-
60% for Carrsville.
Mr. Rountree advised should the Board wish. to proceed, there are
funds in the Capital Budget this year. and he would request the Board's
approval to move forward with the development of a test well in the
Smithfield Heights area which Mr. Sydnor indicates appears to be the
County's best odds.. He stated there are not sufficient monies ~n .the budget .
this year to do both tests this year, but based on the. results .from the
Smithfield Heights area, the Board can decide whether. or not it wants. to
move forward with the next test.
Supervisor MacManus moved .the Board defer action for two (2)
months until the Obrey system questions can be resolved and allow the •
County. Attorney to become involved in the negotiations. 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 noted that the .Town of Windsor is planning on thee.
construction of a new 150,000 gallons. elevated water tank to. equalize their
storage and power flows as it relates to the Town: He stated it is anticipated
that in the future, the County will desire to extend water service along. Route
460 west of Windsor. He stated staff has spoken with the Town of Windsor
which is open to sharing the cost of additional storage. if the County shares
in the cost. He requested the Board authorize. staff to negotiate with the
Town of Windsor to upsize the proposed water tank with the County paying
its proportionate share of the cost.
Supervisor MacManus recommended that staff request that the cost
not happen. in this fiscal year and that during discussions, it be documented
in a written agreement that the County will have 150,000 gallons of water
from that tank.
Supervisor Bradshaw suggested the County request 500,000 gallons or
more of water capacity from that tank since Route 460 is earmarked as a
development area. He recommended that. as Mr. Rountree begins evaluating
the County's needs that he keep in mind future development needs.
Supervisor Claud moved .that the Board authorize Mr. Rountree,
County Administrator Caskey and County Attorney Crook to initiate
negotiations with the. Town of Windsor to upsize the proposed elevated tank
with the County paying its proportionate share of the .cost. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
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voting in favor of the motion (5-0) and no Supervisors voting against the
motion,
Mr. Rountree stated at the Board's July 19, 2001 meeting, the Board
requested a report on needed improvements to the Carrsville water system in
order that the Capital Budget might be amended. He advised the system is
in poor. condition, has inadequate storage, inadequate .pipes that are old and
deteriorated.. He noted the worse part of the system has been replaced, but
staff does not have the manpower, nor the time, to replace the entire system.
He stated all of .the Burwells Bay water system .has been replaced and
metered, as well as the entire Battery Park system, however, there is not
sufficient manpower to replace the Carrsville system at this time due- to
routine repairs and maintenance of the entire County water and sewer
systems. He stated staff has prepared three (3) estimates for. replacing the
Carrsville system for the Board's consideration.
Supervisor MacManus requested staff look at in-house from 3" with
an independent review to ensure accuracy, what is the design capacity that
the County runs for equivalent residential connections and what is the future
fee structure for these customers.
Supervisor Bradshaw moved the Board authorize himself, Mr.
Rountree and the County Administrator to further review, explore and
analyze the options and return to the Board at a later time with a
recommendation. 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 suggested looking at a phased approach, i.e., what is
the most immediate priority and fire protection, as needed, and bring these
recommendations to the Board.
Pursuant to the Board's previous request, Mr. Rountree presented a
two (2) to three (3) year phase-in for water and sewer rates for the Board's
consideration.
Supervisor Bradshaw stated that the position of the Board with regard
to unmetered water customers was that these customers would have a lesser
rate until the systems were developed. He stated the Carrsville and Zuni
systems have .not been upgraded and metered and the Board, when it
changed the rate in .1997, voted that the unmetered water rates would not be
changed until. the systems were upgraded. He stated he could not support
changing the rates for those systems because the service has deteriorated.
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Supervisor Claud stated the Board is not ready to take action today as
there are additional analyses that need to be made.
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Supervisor MacManus requested Mr. Rountree to provide him with
the current rates for water and .sewer for. the surrounding communities so
that he can do some comparisons.
Supervisor Bradshaw moved the Board delay action until the Board's
November 1, 2001 .meeting. The motion was adapted 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 Bradbycahed for the. Emergency Management report.
Richard O. Childress, Director of Emergency Management, reported:
that 3S County employees were recently trained in emergency shelter
operations with the Red Crass. He further reported. that.: he had received
information from . Dinwiddie County advising that it is now charging for
EMS services and that the rescue squad .within Bland ..County is now
charging .for EMS. services.. He stated. there continues. to be a reliance on
paid staff at the Isle of Wight Volunteer Rescue Squad on weekends. He
stated when the leadership changed hands at the Rescue Squad, the
provision for. members having mandatory weekend duty ship incorporated
within their number of hours required to work, was rescinded. He reported
that the Central Dispatch Committee had met on August 9, 2001 and August
21, 2001. On August 9, 200.1, the Committee requested thatthe consultant
meet with them to answer questions, which occurred on August. 21, 2001.
The Committee will again meet on September 19, 2001 to further discuss
management issues and implementation of equipment. He reminded the
Board that next Tuesday, September 11, 2001 is .the scheduled joint meeting
with. the Fire and Rescue Association at 7:00 p.m. in .the Demonstration
Room.
Supervisor Clark moved the Board direct staff to request Brian Carroll
and Vin Pulley to explain the change in management policy within the Isle
of Wight Volunteer Rescue Squad to the Board at its meeting on September
20, 2001 due to the Board's concern with the potential cost impact. to .the
County for coverage. 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 atated the. Wireless Board granted approximately
$59,000 .for implementation of receiving wireless 91 l calls at the County's
public safety answering point. He stated the Central Dispatch. Committee
recommends the Board approve the grant and allow the Sheriff to proceed.
Supervisor Clark moved the Board allaw the. Sheriff and the .Central..
Dispatch Committee to separate reception of the wireless 911 calls at the
County's public safety answering point from the overall. central dispatch
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effort and to proceed accordingly. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the
motion (5-0) and no .Supervisors voting against the motion.
Mr. Childress presented a Resolution to Submit An Application to the
Commonwealth of Virginia Office of EMS and to Accept and Appropriate
Grant Funds From the Commonwealth of Virginia for the Board's
consideration.
Supervisor MacManus noted concern with the Opticom .system not.
being a budgeted item and he would recommend deferring the matter to next
year for funding in the budget. He stated he would be willing to support the
volunteer recruitment efforts on a short-term basis for this fiscal year out of
contingency funds.
Supervisor Bradshaw moved the Board direct staff to meet with
Messrs. Neblett and Cleveland with VDOT to request funding. for the
Opticom .system from the STP Federal program. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Supervisor Clark moved the Board allocate $3,000 from the
Contingency Fund for: volunteer recruitment efforts and direct staff to apply
for RSAF grant funds to assist with the development and distribution of
recruitment advertisements and equipment purchases for the County's MCI
trailer. 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 County Administrator's report.
County Administrator Caskey presented an Agreement for the
Provision of Electric Service to Municipalities and Counties of the
Commonwealth from Virginia' Electric and Power Company for .the Board's
consideration.
Supervisor Claud moved the Board approve and authorize the
execution of the Agreement. The motion was adopted with Supervisors
Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (4-0); no
Supervisors voting against the motion.; and, Supervisor MacManus
abstaining from voting and from. discussion on the matter.
Pursuant to previous Board :.action, County Administrator Caskey
stated he has made contact with the Peninsula Housing and Building
Association and provided the information submitted by the County Attorney
regarding their request for join meetings. He stated included in the agenda
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is a response from the Peninsula Housing and Building Association
acknowledging the County's intent and .identifying certain topics for
discussion.
Supervisor Claud stated there is a Commission on Growth and
Economic Development which is dealing with some of the issues noted by
the Peninsula Housing and Building Association. He stated he did not see
the urgency of a meeting until after the General Assembly session to see
what comes out of the Commission on Growth and Economic Development.
Supervisor Bradshaw. stated he could only support the request ~ if
specific issues were listed on an agenda.. He stated he would.. further
encourage- citizen involvement throughout the entire process. He stated he
would also request that because the .Association came to the Board
requesting. a meeting that the.. Association pay all associated -costs with fhe
meeting.
Supervisor Claud moved that the Board direct the .County.
Administrator to respond to the Peninsula Housing and Building
.Association that the Board would like to defer any such meeting until after
the General Assembly meets and also that citizens be provided an
opportunity to .participate in an arrangement to be decided in .advance of a
meeting .:being set. 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.
County Administrator Caskey presented a request by the Registrar for
a replacement copier for her office. He stated included in the agenda is
information relative to the cost of this equipment. under the County's current
leasing program.
.Supervisor Bradshaw moved the Board approve the request and
authorize a transfer of $1,873 from the Contingency Account and direct staff
to send a letter to the State. requesting reimbursement for this funding. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
County Administrator Caskey presented a .request from the ~_
Intergovernmental Committee and directed to the Smithfield Town Council
for a tree planting in the County's memorial garden in memory of Segar
("Sig") Cofer Dashiell for the Board's consideration.
Supervisor Claud moved staff research how the payment of application
fees have been handled on prior occasions and that staff place this -item on
the agenda at the Board's September. 20, 2001 meeting for further
consideration. The motion was adopted with.. Supervisors. MacManus,
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Bradby, Bradshaw, Clark and Claud voting in favor of the. motion (5-0) and
no Supervisors voting against the motion.
County Administrator Caskey stated the County has. received
notification .from. the Junior Commisison for the Arts that it has been
awarded a $1,000 cash/matching grant (for a total of $2,000) to be applied to
the Rawls Museum of Arts located in Courtland.
Supervisor MacManus noted that the County only has $66,000
remaining in the Contingency Fund this year. He expressed concern that the
request`for funding was. not presented during the budget process.
Supervisor Claud moved the Board approve this grant subject to the
Rawls Library system coming up with the match of $1,000. 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 Bradshaw directed that the Director of Budget and .Finance
include this request in next fiscal year's budget, as requested by the Rawls
Library system.
County Administrator Caskey presented a request for funding
. ' assistance from the Executive Director of the Genieve Shelter in the amount
of $2,000 for the acquisition of the shelter that organization utilizes in the
County.
Anne F. Seward, Director of Budget and Finance, briefed the Board on
the history of the home located. in the County. She stated the_ home is
currently leased by the Federal Government which has given two (2) years'
;notification that the home will need to be purchased and provided a 10%
discount from the assessment value for this effort. She stated the acquisition
price of the home is approximately $55,000 and the request is for the
$10,000 in funds to be placed into next year's budget so that she can begin
her campaign with a $10,000 commitment from the locality although the
actual acquisition -will not take place for another year and a half.
Supervisor MacManus asked. Ms. Seward to inquire if the Federal
Government would be willing to accept, for example, five (S) payments with
no interest.
Supervisor Bradshaw moved that the Director of Budget and Finance
be directed to meet with the Shelter Director to explore other opportunities
. and come back to the Board with a recommendation. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion and no Supervisors voting against the motion.
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Sharon- .Frix, Victim Witness Coordinator, requested .the Board
approve grant funds to support victims within the community for domestic
violence, sexual assault and stalking. She stated the grant funds have been
cut by 20% and staff has proposals for sole in-kind match:. and a cash match
to match the 20% reduction in the grant from last fiscal year. She stated she
anticipates this grant to be left. up to localities. to fund it entirely in the
coming years. She noted the total match for this grant. for this calendar year
is $4,070...
Supervisor MaclVlanus encouraged Ms. Frix to apply for grants in .the
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future. as they become available.
Supervisor Clark stated the County will not be able to continually
make up the difference in what the State does not pay. He stated the County
can not fiscally absorb what the State does not pay. He stated the County
only has $66,000 in contingency to last the remainder of the fiscal year. He
stated that while this is a worthwhile program, he does not want to send a
....message to the State that the localities will make up the difference.
Supervisor MacManus moved the Board adopt .the following
resolution with $2,035 from. the Contingency. Fund and $2,035 as a new line
item for fiscal year 2002-2003:
RESOLUTION TO SUBMIT AN APPLICATION FOR V-STOP
GRANT PROGRAM FUNDS AND TO ACCEPT AND
APPROPRIATE GRANT. PROGRAM FUNDS FROM THE
COMMONWEALTH OF VIRGINIA DEPARTMENT OF
CRIMINAL JUSTICE SERVICES
WHEREAS, the. Board of Supervisors of the County of Isle of`Wight,
Virginia has approved the grant application to the Commonwealth of
Virginia, Department of Criminal Justice Services for the V-STOP grant
funds; and,
WHEREAS, the funds in the amount of fifteen thousand nine hundred.
dollars ($15,900) or as much as shall be received from. the Virginia
Department of .Criminal Justice Services need to be appropriated to the
appropriate line item in the FY2001-2002 Operating Budget of the County
of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that fifteen
thousand nine hundred dollars ($15,900). or as much as shall be received
from the Commonwealth of Virginia Department of Criminal Justice
Services be appropriated to the appropriate .line .item in the 2001-2002
Operating Budget of the County of Isle of Wight.
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BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized. to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion .was adopted (4-1) with Supervisors MacManus, Bradby,
Bradshaw and Claud voting in favor of the motion and Supervisor Clark
voting against the motion.
Regarding the Registrar's prior request and the V-Stop grant for
funding, Supervisor MacManus moved the Board direct staff to send
invoices to the parties responsible where the County is .now being charged
for expenditures the County was not previously charged for, with copies
provided to the County's Delegates and Senators. The letter should make
known that the reason the County is doing this is that the. County feels Like
.these were not things the .County could. arbitrarily cut because of the
importance to the County and its community and that the Board did discuss
whether the County should just let the service fall through the cracks, .but
the County felt. it could not reflect the type of unresponsiveness that the
State has shown the County and that .the County did step forward when it
did.-not have to. 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 pursuant to previous Board
action for staff to make contact with the School Board and Social Services
regarding their own legislative priorities .for the coming year, as well as the
General Assembly delegation, a tentative date is set for November 15, 2001
at 4.:OO p.m. fora .meeting prior to the Board's regular meeting to discuss
legislative issues.
Supervisor Bradshaw moved staff proceed to formally set November
15; 2001 at 4:00 p.m., prior to the Board's regular meeting, in the Board '
Room for a meeting with -the County's General Assembly delegation. 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 Bradshaw moved that Mr. Robertson incorporate the issue
of the County having to pick up the cost of items it previously did not have
to and that the. County... intends to send a bill to the State be incorporated in
the .County's legislative package. 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 County Administrator/Director of
Human Resources, presented Change Order #2 for the Whitley property and
Change Order #3 for the Thompson property for the replacement of
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undetected. rotten woad .with. ,regard to the .County's Hazard Mitigation
Program. He distributed a status report illustrating the progress made to
date.
Supervisor Bradshaw moved the Board- approve .the noted change
orders. 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 County Attorney's report.
County Attorney Crook distributed a copy of the Street Lighting Policy
adopted by the Board of Supervisors August. 16, 2001, with approved
amendment pertaining to the period of time that the developer/petitioner be
responsible for the cost of operation of the lighting to be changed from five
(5) years to seven (7) years.
Supervisor MacManus moved the Board adopt the amended Policy as-
presented.. 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 Bradshaw. requested that a list of street lights be
incorporated into the GIS system.
County Attorney Crook presented the Deed of Trust as security for
proffer for the development on the James River which he recommends the
Board approve.
Supervisor Claud moved-.the .Board approve the Deed of .Trust. and
authorize the Chairman to sign same 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 Crook reported that the Boykin's Tavern Guidelines
Committee and the Boykin's Tavern Advisory Committee had met and will
have a second meeting on September 15, 2001 and he will have a written
report for the Board at its September 20, 2001 meeting. ,
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Chairman Bradby called for Old Business.
Resolution to Appropriate $4,269,030 From the Unappropriated.: Fund .
Balance of the General Fund for the Completion of Various Carryover
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Capital Projects (Listed under the Consent Agenda and deferred to Old
Business)
Supervisor Bradshaw inquired if the appropriation resolution is
necessary to complete the projects that the County is already committed to.
Supervisor MacManus moved the Board approve the following
resolution as provided to the Board:
RESOLUTION TO APPROPRIATE FOUR.MILLION TWO HUNDRED
SIXTY NINE THOUSAND THIRTY DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
THE COMPLETION OF VARIOUS CARRYOVER CAPITAL PROJECTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight;
Virginia has approved the carryover of appropriated funds for various capital.
projects of the FY 00-01' Capital Budget; and,
WHEREAS, the funds in the amount of four million two hundred sixty
nine thousand thirty dollars ($4,269,03:0) need to be appropriated to
complete the 2000-01 approved Capital Budget projects from the
Unappropriated Fund Balance of the General Fund to the .2001-02 Capital
.Budget of the County of Isle of Wight.
NOW, THEREFORE; BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that the
sum of four million two hundred sixty nine thousand thirty dollars
($4,269,030) from the Unappropriated Fund Balance of the General Fund be
appropriated to the 2001-02 Capital Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
.The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw; Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Clark requested an update on the cemetery in Rescue.
Mr. Hartley advised he has identified deeds in the Clerk's office and
forwarded that information to Assistant County Attorney Phelps who will
provide a response in writing which will be forwarded to the Board as soon
as received.
Supervisor Clark advised he is continuing to receive complaints
..regarding inadequate cable service in the Carrollton area.
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..Supervisor MacManus moved the .Board direct the County. Attorney to
-send a letter. addressing service problems and appropriate compensation, as
-well as readdress the needfor approval of a franchise agreement with the
County for Charter Communications Company. 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 Bradshaw requested staff provide an update at a future
meeting. regarding the Virginia Byway Designation Program.
//
Chairman Bradby called for New Business. .
Regarding .the issue of governmental access channels w-ith Charter
.Communications Company, Supervisor MacManus moved the Board direct
staff to work with appropriate staff and citizens to come back with
recommendations on how the County should propose to use the three (3)
government .access channels throughout the County and to illustrate the
different areas of the County as to whaf they would receive and return to the
Board with a proposal of what should be the County's request to Charter.
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.
Supervisor. MacManus reported .that the Smithfield. Town Council
does intend on making a $12,411.78 payment to complete the $60,000
funding for fire and rescue which should complete the Town of Smithfield's
2000-2001 commitment of $60,000 funding to the County.
Regarding a memorandum .received from the County.. Administrator
concerning.. the failure of the Treasurer to make a debt service payment,
Supervisor MacManus recommended the Board .request an explanation from
the Treasurer.
Supervisor Bradshaw moved he Board direct the Personnel
Committee. and the County Administrator to meet with the Treasurer to
discuss this issue. 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 Appointments.
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Supervisor ~ MacManus moved the Board appoint Supervisors Clark
and Bradshaw on .the RC&D Committee. The motion was adopted
unanimously (5-0).
Supervisor Claud moved the Board reappoint Julia W. Perkins on the
Paul D. Camp Community College Board. The motion was adopted
unanimously (5-0).
Supervisor Claud moved the Board reappoint R. L. Walker as the ex-
officio on the Youth Services Advisory Board. The motion was adopted
unanimously (5-0).
Supervisor Bradshaw moved the Board reappoint Eleanor Hawkins as
the ex-officio on the Youth Services Advisory Board. The motion was
adopted unanimously (5-0).
//
County Administrator Caskey requested a closed session under
Section 2.1-344 A 1 of the Freedom of Information Act concerning two (2)
,.personnel matters and under Section 2.1-344 A3 concerning a potential sale
of public property requiring advice of counsel.
County Attorney Crook requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning two (2) matters
involving acquisition of property for public purposes where public
disclosure could adversely affect the County's bargaining position and under
Section 2.1-344 AS concerning a matter involving industrial prospect siting
where there has not .been any prior public disclosure.
Supervisor Clark requested a closed session under Section 2.1-344 A3
of the Freedom of Information Act concerning a matter involving acquisition
of property for public purposes where public disclosure could adversely
affect the County's bargaining position.
Supervisor Claud 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 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,
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WHEREAS, 2.1-344.1 D of the Code of Virginia requires a certification
by this Board of Supervisors that such closed meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that. the Board of Supervisors
hereby certifies that, to the best of each member's knowledge,. (i) only public
business matters lawfully exempted from open .meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed •or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, 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 MacManus moved the Board direct County Administrator
Caskey to make the necessary salary adjustments in a two (2) phase
approach with the second phase being weighted based on performance.
review. 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 that a-joint permit application for activities in
waters and wetlands of the. Commonwealth. of Virginia be filed for the
property as stated and that the Economic Development Director be
.authorized to sign as the County's agent. 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 8:25 p.m., Supervisor Bradshaw- moved the Board continue its
meeting .until Tuesday, September 11, 2001 at 7:00 p.m.. in the
Demonstration Room for the purpose of meeting with the Fire -and Rescue
Association. The motion was adopted .with Supervisors MacManus, Bradby,
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.Bradshaw, .Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
//
enry H. ra by, Chairman
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