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10-04-2001 Regular MeetingcooK 20 ~~~:~470 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS. HELD THE FOURTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus ABSENT: Phillip A. Bradshaw .Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 2:00 p.m. and delivered the invocation. The Pledge of Allegiance-was conducted. // County .Attorney Crook advised that he would be leaving the meeting at 3:00 p.m., but that Dale Phelps, the Assistant County Attorney, would be sitting. in for him. He requested the Board amend the regular order of the agenda in order that he could discuss certain items under the County.. Attorney section before his departure. Supervisor Claud moved the Board amend the regular order of the agenda to the County Attorney's report. The motion was adopted unanimously (4-0). // Chairman Bradby called for the County Attorney's report. County Attorney Crook requested that the Board. set a meeting date with the Carrollton Volunteer Fire Department to discuss a property matter. Supervisor MacManus moved the Board meet with the Carrollton Volunteer Fire Department on October 18, 2001 at 4:00 p.m. The motion was adopted with .Supervisors MacManus, Bradby and Claud voting in favor of the motion (3-0) and no Supervisors voting against the motion. Supervisor Clark was absent for the vote. r ,. 1 1 County Attorney Crook presented a Deed of Trust to secure- proffers on the William Camp, Jr. property which he recommends the Board approve and authorize the Chairman to sign on behalf of the County. Supervisor Clark moved the Board approve the Note and Deed of .Trust and authorize -the Chairman to sign on behalf of the County. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors. voting against the motion. County Attorney Crook stated the Board's agenda .contains An Ordinance to Amend Chapter l2, Section 12-1 of the Isle of Wight County Code to Increase Fees .for Bad Checks which. he is asking authorization to advertise for public hearing. Supervisor Clark moved that the Board authorize the County Attorney to advertise the Ordinance for public hearing. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the. motion (4-0) and no Supervisors voting against the motion. 1 1 County Attorney Crook noted the Old Business section of the agenda- contains an application of Marilyn C. Edwards for a change in zoning classification from RAC to Rural Residential approximately two {2) acres of land located on the westside of Wrenn's Mill Road (Route 677) north of its intersection with Mill Swamp Road (Route 626); Smithfield, in Hardy Magisterial District. He stated the applicant. has submitted a change in proffers which requires anotherpublic hearing be held by the Board. Supervisor MacManus moved the Board authorize staff to advertise for public hearing for the Board's November 15, 200.1 meeting to receive new proffers on the existing property as a part. of the Conditional .zoning application. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. County Attorney Crook stated also under the Old Business section of -the agenda is a request of James M. Carroll, Jr. dated-September 25, 2001 to the County. Administrator requesting the Board rescind ``its action at its meeting on September 20, 2001 to rezone certain. property from RAC to Conditional Rural Residential.. He stated a Board member who -voted with the prevailing vote on a prior action can bring the matter up at the next .meeting for rescission. Supervisor MacManus moved the Board. rescind its action at its meeting on September 20, 2001 to rezone certain property of James M. Carroll, Jr. from RAC to Conditional Rural Residential and table the matter for future consideration by the Board. The motion. was adopted with 2 Bo~K 2U r:.-x472 Supervisors. MacManus, Bradby, Clark and Claud. voting in favor of the motion (4-0) and no Supervisors voting against the motion. County Attorney Crook. stated the Assistant County Attorney would. have. other matters for consideration by the Board upon her :arrival. // Supervisor Clark moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chairman Bradby called for Special Presentations. County Administrator Casket' advised the Board that Sharon Stallings, General .Manager, Charter Communications, who was scheduled to make a presentation to the Board this evening ,would not be present.. He stated he would contact Mrs. Stallings- following the meeting to set up an alternative means by which to interact and report back to the Board at or before its next meeting. County Attorney Crook stated that he and the County Administrator have been discussing matters with the General Manager and they believe a meeting of the Board's committee is in order to discuss the franchise and .other legal problems before a presentation is made to the Board. Supervisor Claud moved the Board authorize the committee of the Board (County. Attorney Crook, County Administrator Casket' and Supervisor Clark) to meet. with representatives of Charter Communications. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and Supervisor Bradshaw absent for the meeting. Chairman Bradby called for a presentation of the bounty's Facility Master Plan and Space Study. Tony Bell, a representative of Mosely, Harris & McClintock, briefed the Board on the different phases designed to meet the County's space needs and the- associated costs. Supervisor MacManus inquired how long the County's space needs .would be met .under the proposal. Mr. Bell stated the original option (1) would fulfill the County's twenty (20) year needs and .the alternate phase (1) will meet the needs of all the departments which are being moved into the new 14,000 square feet building. He estimated the space needs would be met for approximately five U Ll 3 B0^N ~U ~'~ 473 1 (5) years for those departments that would .remain in the existing Administration Building. Supervisor Claud inquired if Mr. Bell could offer. a temporary fix for security in the Courts Building. Mr. Bell stated he believes the temporary 'fix for addressing security needs within the Courts Building would have more to do with the implementation of in-house procedures. // Chairman Bradby indicated the following Consent Agenda included Items 2, A through J, and asked if there were any items for removal: A. Resolution to Accept and Appropriate Grant Funding From the Virginia Department of Criminal Justice Services B. Resolution to Accept and Appropriate $29,778 From the State Department of Fire Programs .for the Fire Funds Program C. Social Services Repairs D. Resolution to Appropriate $49,742 From the General Fund Balance for Various Carryover Programs E. Resolution to Accept and Appropriate $1,426,666 From. the State and Federal Governments for Carryover Grant Programs F. Resolution to Accept and Appropriate $961,100 For Various Grant Programs G. Resolution to Appropriate $19,248 From the Unappropriated Fund Balance of the General Fund for Comprehensive Services Act Expenditures H. Resolution. to Appropriate $3,568 From the Unappropriated Fund Balance of the CDBG Jamestown/Camptown Fund. fore Various Expenditures I. September 6, 2001 Continued Meeting Minutes J. September 6,.2001 Regular Meeting Minutes Supervisor Claud moved the Board adopt. all items of the. Consent Agenda. The, motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in .favor of the motion {4-0) .and no Supervisors voting against the motion.' 4 - i BOOK 2O -M~r 474 // Chairman Bradby called for Regional Reports.. Regarding the Mayors and Chairs Caucus, Chairman Bradby reported at the meeting on ..September 28, 2001 VML and VACo expressed desires for a ratio of 45/4S/10 in State income tax for localities. He noted that the next meeting .will. be hosted by the County on October 26, 2001 at the Smithfield Conference Center. Regarding the Southeastern Public. Service Authority, Supervisor MacManus reported that small waste haulers do not have a contract. The commercial rate is currently $50 per ton. He also referenced. a copy of the recent award received by SPSA for its landfill operation. Regarding the agreement by the ,City of Suffolk on cell, (5) expansion, an agreement has been reached and SPSA will be constructing a new transfer station within the next five (5) years and there will be intersection improvements at a cost of $2 million to SPSA. He further advised that SPSA will be eliminating the commercial tipping fee. Supervisor MacManus reported. that the issue of the consumer utility tax payment. has been resolved and the Town of Smithfield will be submitting $37,745. to the County. under discussion on intermittent streams, he advised that -the Smithfield -Town .Council supports water quality, however, additional information is needed to understand the impact before taking any action. Supervisor Claud reported that only routine business was discussed at the Hampton .Roads Planning District Commission meeting. Supervisor Claud reported that only routine business was discussed at the Western Tidewater Regional Jail Authority meeting. Supervisor Clark reported that he, Supervisor Claud; Jonathan Hartley, Sharon. Hart and Jerrianne Gardner attended the Virginia Watershed Conference. Supervisor Claud .reported that the Western Tidewater Water Authority has scheduled a meeting for October 19, 2001. // Chairman Bradby called. for Transportation Matters. Jonathan. W. Hartley, Director of Planning and Zoning, presented a request from the Town of Windsor regarding the Windsor Homecoming 1 J 5 pOQK 20 ~.~~:~ 2 l lJ Parade. He recommended the Board direct -staff to advise VDOT that this ' issue be deferred to the Town of Windsor. Supervisor Claud moved the Board direct staff to advise VDOT that the County will .concur with the .Town of Windsor's recommendation .for that event. Copies of information to be forwarded to staff. The motion was adopted with Supervisors MacManus, Bradby, Clark,aind Claud voting. irr favor of the motion (4-0) and no Supervisors voting against the motion. Mr. Hartley notified the Board that the County Administrator received correspondence today from Mr. Cleveland regarding. the James River Bridge . message boards and that he will place the matter on the Board's agenda for its October 18, 2001 meeting. County Attorney .Crook .reported that he has forwarded necessary information to the affected residents along Yellow .Rock Road which is to be included in the Rural Addition Program. // Chairman Bradby called for Citizens Comments. Chuck Lawrence requested the status of the cemetery at Rescue. County Attorney Croak noted that Assistant County Attorney Phelps would be reporting on this issue .later in the meeting. Ashton Wells requested that the County open its squirrel season at the same time as Southampton County. He further requested that. the rabbit season be extended one (1) additional month. Supervisor Claud moved the Board direct the .County Attorney to .prepare the appropriate resolutions for the Board's consideration concerning squirrel and rabbit hunting. seasons. The motion was adopted ..with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Chairman Bradby called for the Community Development report. Mr. Hartley stated staff has received the Preliminary-Flood Insurance Study and Flood Insurance Rate Maps which have .been. revised by the Federal Emergency Management .Agency to reflect the study done by the Corps of Engineers along the Blackwater River as a result of the flooding damage incurred during Hurricane Floyd. AQ~K F.+V ~i:~ir~~~J Mr. Hartley noted he would issue an appropriate ..press release in the local newspapers. Supervisor MacManus requested Mr. Hartley request additional map sets from the Corps of Engineers and that they be placed in the Windsor and Franklin public libraries for access to the public. Mr. Hartley advised that the State Water Control Board took action to .deny the request of the Isle of Wight Citizens Association for the ..designation of Ragged Island Creek as an exceptional waterway because the Environmental Protection Agency is in the process of reviewing and revising its standards on programs for such waterways. // Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, presented for the. Board's information a review of water and sewer fees as they relate to commercial and industrial users. Supervisor Claud. noted that discussion of water and sewer rates by the - Board is slated for the Board's November 1, 2001 meeting. Mr. Rountree stated he had several matters for closed session later in the meeting. // Chairman Bradby called for the Economic Development report. Patrick J. Small, Director of Economic Development, stated he had no items for discussion by the Board although he had two (2) matters for closed session later in the meeting. // . Chairman Bradby called for the Parks and Recreation report. There. were no items offered for discussion by the Board. // Chairman Bradby called for the Emergency Management report. .Richard O. Childress, Director of Emergency Management, presented a contract for the purchase of the Carrsville Volunteer Fire Department 1250 gallon per minute (GPM) pumper which he recommends be approved and 1 J 1 7 ,. 1 1 90~~ 2U •x:-477 the Chairman be authorized to sign upon review and approval of the County Attorney. Supervisor Clark moved the Board authorize the Chairman to sign the contract on behalf of the County upon review and approval of the County Attorney.. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Mr. Childress presented a request from the Carrsville Volunteer Fire Department for the advance of capital budget funds in the amount of $250,000 for the purchase of a 1250. gallons per minute pumper which he recommends the Board approve. Supervisor Claud moved .the Board. approve the request of the , Carrsville Volunteer Fire Department for the advance of Capital Budget funds in the amount of $250,000 for the purchase of a 1250 GPM pumper. The motion was adopted with Supervisors.. MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Mr. Childress distributed. correspondence concerning communication problems that are occurring in the Mill Swamp/Stallings Creek area of the County. He stated due to the antenna configuration- on the .new tower, ..ambulances and other rescue vehicles in that area are not able to hear the dispatcher. He cautioned the Board that while the approval of the purchase and installation of certain equipment specified by Commercial R'adio' will allow .users to receive transmission from the ambulances and other rescue vehicles in the area and also allow vehicles to hear the dispatcher, it. will not fix the problems being experienced with portable and hand-held radios. Chairman Bradby moved the Board approve the purchase and installation of the equipment not to exceed the estimate of $3,940, as specified by Commercial Radio far one (1) addition to the tower, including labor. The motion was adopted with Supervisors NiacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Claud moved the Board direct staff to take minutes at the Fire and Rescue Association. meetings so that a record of actions taken can be recorded and. that a member of the Board of Supervisors be appointed to attend these meetings serving on a calendar year basis. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Claud further moved that Supervisor Clark be appointed to . attend the Fire and Rescue Association meetings for calendar year 2001. The motion was. adopted with .Supervisors MacManus, .Bradby, Clark and Claud 8 80^t f,,i1 ~~:'478 voting in favor of the motion (4-0) and no Supervisors voting. against the motion. // County Attorney. Crook leaves the meeting upon the arrival of Dale Phelps, Assistant County Attorney. // Chairman Bradby called for the County Administrator's report. Assistant County Attorney Phelps provided the Board a status report on the cemetery located in Rescue. She advised that the Code of Virginia provides that the local Historical Commission. can be approached to inquire if they are willing to get involved for historical reasons if the landowner is willing to cooperate with the Historical Commission. She further advised that an heir or descendent could also file a petition in the .Circuit Court according to the Code of Virginia to have the graves removed and placed elsewhere. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, presented a request from the Project Manager of the Hazard Mitigation grant program indicating a need for a change order. He stated the change order will accomplish minor modifications at two (2) of the homes being elevated and provide a two (2) week extension to the final completion date ' of the contract due to unforeseen conditions that have occurred at the work site. Supervisor Claud inquired if there would be additional change orders forthcoming. Peter Andreu, Project Manager, stated. he anticipates this being the. fnal change .order with the exception of the Baker's porch, which has not been verified yet and which should be no more than $500. Supervisor Claud moved the Board approve the .Change Order in the amount of $1,440. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Lyle D. Hornbaker, addressed the Board on options for audiovisual presentations in tiie Board Room and associated costs. He recommended Option #3 in the amount of $3,400. Supervisor MacManus moved the Board authorize staff to proceed with Option # 1 with the screen being located on the back wall behind the Chairman's seat.. The motion was adopted with Supervisors MacManus, C U 9 1 900 r~U :~;' 47~ Bradby, Clark and .Claud voting in favor of the motion (4-0) and no Supervisors voting. against the .motion. County Administrator Casket' stated the Virginia Association of Counties is .requesting that a voting delegate and. alternate voting delegate be appointed for the upcoming VACo annual meeting. Supervisor Clark moved the Board designate Supervisor Claud as the voting delegate and Supervisor MacManus as the alternate voting delegate. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. County Administrator Caskey presented for the Board's perusal information regarding Charter Communications' public education governmental channels. Mr. Robertson distributed information received yesterday from the Virginia Association of Counties .concerning its draft legislative program. for the Board's information. Supervisor MacManus moved the Board direct staff to include in the background language of the 2002 Legislative Priorities that a cigarette tax is in place in both the Towns of Smithfield and Windsor, as well gas other surrounding cities and that the County is the sole locality that does not have the cigarette tax available for use. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. County Administrator Casket' reminded the Board that it needs to set its annual Board retreat. Supervisor MacManus suggested that he .and Supervisor Bradshaw work with staff to come back with a proposed agenda -that ~r©uld 'link last year's retreat with this year's retreat, as well as meet staffs needs. He suggested the retreat be held in the third or fourth week of January, 2002 and that staff find an ..acceptable Friday night and Saturday. morning/afternoon site.. Supervisor Clark requested on-site visits at Smithfield Foods and International Paper be coordinated. Such site visits should be separate from Board .Retreat format. . County Administrator Caskey reported that the School Board has expressed a need to reschedule its joint meeting with.. the .Board ol; Supervisors on October 18, 2001 due to the unexpected ..illness of .their .Budget. and Finance Director. ]0 L eo~K 2tl • :;~ x:80 Supervisor Claud requested the County Administrator inform the School Board that the Board of Supervisors desires to wait until the Budget and .Finance Director for the School Administration returns before establishing a new meeting date between the Board of Supervisors and the School Board. County Administrator Casket' noted he had one (1) matter for closed session later in the meeting. /I Chairman Bradby called for Old Business. Regarding the issue of recommendations to Boykin's Tavern Guidelines, Supervisor Clark moved the. Board table action until the return of Supervisor Bradshaw.. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Regarding the Facility Master Plan and Space Study presentation, Supervisor Claud moved the .Board take under consideration all information provided and that the Budget and Finance Director be requested to advise the Board at its meeting on November I , 2001 on how the proposed project can be financed under the modified Option 1 and the cost differentiations between the modified and prior preferred option. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the. .motion (4-0) and no Supervisors voting against the motion. Supervisor Claud moved the Board accept the Annual Financial Plan for FY2001-2002. The motion was adopted with Supervisors MacManus, ; Bradby, Clark. and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. .Regarding the Genieve Shelter request for funding, Ms. Seward advised that the Genieve .Shelter is agreeable if the Board would make a commitment to spread the $10,000 over a three (3) year period. Supervisor MacManus moved the Board direct-the Director of Budget and Finance to include. funding in the amount of $10,000 over the next three (3) fiscal years to support the request of the Genieve Shelter.. The motion was adopted with Supervisors. MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Chairman Bradby called for New Business. C ii There was no new business offered for discussion by the Board. i 1 1 BO^w 2Cl ~.~~:"4J~ // Chairman Bradby called for Appointments. Supervisor Claud moved the Board appoint: the Director of Public Works (Donald M. Long), replacing Ludford T. Creef, III on the Southeastern Public Service Authority/Intergovernmental Coordinating Committee. The motion was adopted unanimously (4-0). // Supervisor Clark requested a closed session under Section 2.1-344 A7 of the Freedom of Information Act, concerning consultation with legal counsel dealing with probable litigation. Mr. Rountreerequested aclosed session under Section 2.1-344 A7 of the Freedom of Information Act .concerning ,three (3) matters. involving consultation .with legal counsel requiring specific legal advice. Mr. Small requested a closed session. under Section 2.1-344 AS of the Freedom of Information Act concerning two (2) items involving siting of prospective businesses or industries that have not been previously announced publicly. County Administrator Caskey requested. a closed .session under Section. 2.1-344 A3 of the Freedom of Information Act .concerning potential acquisition of property for public use requiring advice of counsel where public disclosure could have a detrimental effect on the County's bargaining position. Assistant County Attorney Phelps requested a closed session under- Section 2.1-344 Al of the Freedom of Information Act .involving a salary issue of a County employee. Supervisor Clark moved the Board enter closed session for the reasons stated. The motion ..was adopted with Supervisors MacManus, Bradby, Clark and Claud (4-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor MacManus 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, 12 eo~K ~~~ :h;:-4~? WHEREAS, 2.I -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, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against the motion; and,. Supervisor Bradshaw absent forthemeeting. Supervisor MacManus moved the Board authorize the Chairman to sign the Letter of Intent, upon. the County Attorney's review as discussed in closed session to ensure the appropriate language is included in the Letter of Intent. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. At 6:00 p.m., Supervisor MacManus moved the Board continue its meeting until October 18, 2001 at 4:00 p.m. for a joint meeting with the Carrollton Volunteer Fire Department to discuss property issues. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // -~ ~~~-~- Henry H. Bradby, Chairman W. Dou s key, Cler 1 1 13