11-01-2001 Regular Meeting1
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIRST DAY OF NOVEMBER 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 Casket', 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. The ' ~,
invocation was delivered by Supervisor Claud.
Members from the. American Legion and Veterans of Foreign .Wars
conducted the Pledge of Allegiance.
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Chairman Bradby called for Special Presentations.
Greg Baka, Resource International, Ltd., provided the. Board with a
presentation on the: services offered to local governments for regulating and
controlling wireless telecommunications facilities.: He -submitted for the.
Board's review a contract that stipulates Resource International, Ltd.
proposes to do the County's application review for the next three {3) years
of any new wireless facilities at no .monetary cost to the County via an
escrow account. He explained that the County sets up an escrow account by
ordinance and the .carrier first pays into such escrow account and any work
performed by Resource. International, Ltd. would be billed directly to the
escrow account monitored by the Treasurer until itemized billing comes in
from the consultant.
Supervisor Clark noted that the equipment at .the base of the towers
which are worth approximately $350,000 to $500,000 are not currently
taxed.
Supervisor Bradshaw stated it is .the job of the Commissioner of the
Revenue to tax equipment and the County does not need a consultant for
that.
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Mr. Baka suggested that during lease negotiations a locality never
accept a lease that stipulates the carrier's equipment to be classified as
personal property as it should be classified as real property. He stated after
lease negotiations, the matter becomes an issue for the Commissioner of
Revenue.
Supervisor Clark asked Mr. Baka to explain to the Board why it is a
benefit to the County to locate towers on County-owned land.
Mr. Baka stated because localities can capture revenues from these
facilities.
Supervisor Clark asked Mr. Baka if the proposed ordinance also
requires .that carriers inspect according to FCC regulations regarding the
.structural integrity of the tower and perform annual or bi-annual inspections
of the frequency emissions.
Mr. Baka stated `des" and that also every guide tower should be
inspected every three (3) years and that every stand-alone tower should be
inspected every five (5) years. He stated this is often .overlooked by
counties,
Supervisor MacManus inquired if Resources International, Ltd. was
.trying to get people to use the space on the towers or are. they waiting until
inquiries are received.
Mr. Baka stated .they can make a phone call for the County, however,
they do not actively solicit tower companies.
Supervisor MacManus stated according to the model ordinance, the
applicant would be required to pay $8,500, but the County currently
provides .this service so why would an applicant want to pay Resource
International when the County provides currently provides it for free.
Mr. Baka stated he believes his company can do a much more
thorough job as most counties only cover between 50% to 75% of what they
could be charging.
Supervisor Bradshaw stated the success is all based on applications,
but his .position is that he does not want applications coming into the
County.
Supervisor Clark stated if an applicant is willing to pay the fee the
.applicant comes before the Board one (1) time instead of three (3) or four
{4) times. He stated Resources International does not encourage
applications and the County will continue to get applications regardless that
will have to be dealt with.
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Supervisor Bradshaw stated the only way Resource International. can
stay in business is to have applications and whether or not they are actively
pursuing applications, the perception is that that is what they are doing, so
why would he want to have a contract with the County if it does not have -
any applications.
Mr. Baka stated there are approximately 150,000 facilities nationwide
and 500,000 additional facilities are expected by the industry in the next
three (3) to four (4) years.
Supervisor Bradshaw. inquired what happens when there is no escrow
account left. and bills are still coming in.
Mr. Baka stated he would highly recommend that any ordinance
contain a clause that states once a certain minimum threshold is achieved,
that the escrow account. must automatically be replenished .before the
process proceeds.
Supervisor Claud inquired if the contract was an exclusive contract '
requiring. every application to go before Resources International.
Mr. Baka stated it is an exclusive contract and he does recommend
- every application go before Resources International.
Supervisor Claud inquired what would happen if the Board turned.
down an application.
Mr. Baka stated as long. as the County has. a substantial written record
which is incorporated into the minutes the County Attorney will have what
he needs in order to protect the interests ofthe County.
'~, R. Stan Tatum, President, . Land Planning & Design Associates,
presented to the Board the completed Master Plans for the Carrollton Nike
Park and the Central County Park.
Supervisor .Claud moved the Board receive the Plans. as presented.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw
and Claud voting in favor. of the motion (4-0) and no Supervisors voting
against the motion. Supervisor Clark was not present.
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Chairman Bradby indicated .the following Consent .Agenda .included
Items 3, A through I, and asked if there were any items for. removal:
A. Water. and Sewer Construction and. Operation Plan
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B. SDSD Water Transmission Main -Norfolk Southern Agreement
Modifications
C Additional Budget Allocation, Isle of Wight County Fair 2001
D. Virginia Byways Program
E. Recommendation from Boykin's Tavern Advisory Committee
F. Status of Surplus Equipment Sale
G. October 1, 2001 Continued Meeting Minutes
H. .October 4, 2001 Continued Meeting Minutes
I. October 4, 2001 Regular Meeting Minutes
Supervisor Claud moved the Board adopt all items of the Consent
Agenda. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Chairman Bradby called for Regional Reports.
Regarding the Inter-regional visit, Chairman Bradby reported that he
attended, the Hampton Roads Chamber of Commerce meeting held in
Austin, Texas this year which focused. on high.technology. He encouraged
other Board members to go on future visits if they have the opportunity.
Regarding the Hampton .Roads Planning District Commission,
Supervisor Claud reported .the HRPDC had received a presentation on the
Metropolitan Medical Response System.
Regarding the Southeastern Public Service Authority, Supervisor
MacManus reported that SPSA discussed going to $33 per ton verses $50
for small waste haulers. He reported that SPSA did take action to proceed
with SPSA buying the acreage for the expansion of the Suffolk landfill (525
acres) for $3.675 million as a future resource for landfill disposal beyond
2017.
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Chairman Bradby called for Transportation Matters.
Regarding his previous request for staff to request VDOT review the
speed limit along Stevens ,Drive, Supervisor Bradshaw moved the Board
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direct staff to meet with VDOT to discuss the possibility of reducing the
speed limit on Stevens Drive. 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 requested Mr. Hartley follow-up on the drainage-
issue on Tower Drive.
Supervisor -Claud .requested Mr. Hartley verify .,if South Johnson
Avenue was advertised in the newspapers.:
Supervisor Clark requested Mr. Hartley request VDOT to have the
weeds cleared at the intersection with Route 17.
Chairman .Bradby suggested the Board discuss with its General .
Assembly delegation the possibility of adding Holly Point Way to the
Primary construction contract for.Route 10.
Supervisor Bradshaw requested Mr. Hartley check to ensure that
Pruden Road was advertised in the newspapers.
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Chairman Bradby. called for Citizens Comments.
Grace Keen advised that 26 individuals had attended the recent tree
planting ceremony in the Memorial Gardens in memory of Sig Dashiell. She
also requested the County take action to powerwash the Health Department
building and repair the cracks in the sidewalks. She offered to donate
boxwoods for beautification to this building. She also distributed flyers on
the Town Meeting to be held on November 13, 2001 at the Smithfield.
Middle School and invited interested Board members and staff to attend.
Supervisor Clark moved the Board direct staff to review the condition
of the Health Department building located in the Town of Smithfield. and to
meet with Mrs. Keen and bring back to the Board recommendations on how
to address her concerns at the. Board's November 15, 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.
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Chairman Bradby called for the Community Development. report...
• Mr. Hartley presented a request of.Franklin Fall Festival Association
for a Fireworks Permit.
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Supervisor Bradshaw stated the band is going to be located inside the
hanger, but the individuals -will be outside which may require a permit. He
stated .alcohol. may also be served and he did not want to approve anything
until the County knows specifically .what is involved. He asked what is
planned inthe way of safety, i.e., police, fire and rescue protection.
Mr. Hartley noted included in the staff report is a letter stating that the
Franklin Fire Department and Franklin Rescue have been notified.
Supervisor Clark noted there is a State-wide band on burning now.
Supervisor MacManus stated the burning band is Statewide and if it is
still in place this will preclude the fireworks from taking place.
Mr. Hartley stated the .music entertainment does not require a permit
from the County at this point because the entertainment will be located
:.inside a hanger. He stated staff has allowed at other events the bands to be
in the building and if the crowd spills outside of the building then staff has
not considered that a violation in the past.
County Attorney Crook stated the purpose of the County's ordinance
is to control crowds and have sanitary facilities, security and parking for
crowds. He stated the City of Franklin should have applied for a permit in
his opinion, however, he does not blame them if County staff told them they
did not have to apply for a permit.
Supervisor Bradshaw moved the Board approve the request based on
condition .that the State Fire Marshall is in agreement that this is a safe
activity- at this time. 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.
Mr. Hartley reminded .the Board of the November 5, 2001 workshop
on "Livable Communities" with Ed McMahon at 7:00 p.m. at The
Smithfield Center. He noted that all Planning Commission members would
be encouraged to attend.
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Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented a
proposed engineering agreement between the County- and R. Stuart Royer
for the offsite road, drainage, surveying, engineering, water and sewer for
the new Sustainable Forrest Industrial Park located in the Windsor
community. He stated funds .are available in the County's Capital. Budget.
He stated he would recommend approval of the contract contingent upon
any revisions that need to be made to meet the County Attorney's approval..
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Supervisor Claud moved the Board approve the engineering agreement.
with R. Stuart Royer contingent upon review and approval. by 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.
Mr. Rountree stated on September 6, 2001 the Board considered the
Carrsvlle water system replacement and delayed action pending a meeting
between Supervisor Bradshaw, -the County Administrator and himself 'to
formulate a financial plan as to how the replacement can be accomplished.
He stated the Board was shown a plan where a continuous commitment of
approximately $170,000 over the next six (6) years will provide the. funding
to replace the Carrsville system, as well as a two (2) year program to replace
the Zuni system.
.Supervisor Bradshaw .moved the Board forward the issue of the
Carrsville and Zuni water system replacement plans to the Board's Finance
Committee for their consideration during the CIP budget process next fiscal
year. 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.
Mr. Rountree presented proposed water and sewer rates to the Board
for discussion and direction.
Supervisor Claud moved that the sewer rate for the Camptown
community be .advertised for` public hearing at the December 20, 2001
meeting to increase the sewer rate in that area for one-half of the cost with
treatment to be added as currently being, charged and the second part of the
fee would be effective January 1, 2003. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting irr favor
of the motion. (5-0) and. no Supervisors voting against the motion.
Supervisor Claud further. moved that staff notify the Camptown
customers that the treatment fee is ..being treated in a like manner to be
effective January 1, 2002, second. part of the fee to be effective on January 1,
2003 with. public hearing at the second meeting in December. of .2001 .(for
commercial and industrial users). 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 abstaining
from voting on the matter.
Supervisor Bradshaw. stated if the water needs of .the Carrsville
..community were being met it would be different, but as far as they are
concerned they have been left out for all these years. He stated he could not
find any justification for increasing the rates unless the Board takes action to
repair the system.
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Supervisor MacManus moved the Board direct staff to set a public
hearing on December 20, 2001,, for metered customers for water service
going from $2 to $3 for every extra 1,000 gallons of water used. over 6,000
gallons. 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.
Supervisor MacManus further moved for unmetered water availability,
to set. a public hearing on December 20, 2001 for a rate increase from $16 to
$20, to be effective July 1, 2002. The motion was defeated (2-3) with
Supervisors MacManus and Claud voting in favor of the motion and
Supervisors Bradby, Bradshaw and Clark voting against the motion.
Supervisor MacManus moved the -Board direct Mr. Rountree to
research and provide customer complaints to the Board concerning the water
system in Carrsville. 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 hold a public hearing on an
ordinance to increase the sewer rates from $12 to $13, effective July 1, 2002
and said public hearing to be held on December 20, 2001. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
Supervisor Bradshaw moved the Board direct staff to have all the.
financial impacts (additional revenues received due to these rate changes) on
the motions above regarding .utility fees to be presented at the time of the
public hearings. These impacts are to be included in the Board's agenda for
their information. 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 provided the following clarification of the above
motions., to which the Board responded affirmatively: Effective January 1,
:2002; .the water rate will increase from $2 per 1,000 to $3 per 1,000 for all
` water over 6,000 gallons per month for all customers; and, staff will develop
a water rate structure to go into effect January 1, 2002 that will incorporate a
rate per 1,000 for those non-HRSD sewer customers (generally customers. in
.the Southern Development Area); a sewer rate that offsets the charge that
,the City of Franklin charges the County (that rate being set up on a certain
number of dollars per 1,000 gallons, two (2) step increase, half of the
increase going into effect January, 2002 and the other half January of 2003;
and, a sewer. rate increasing from flat rate of $12 to $13 per month.
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Chairman Bradby called for the Economic Development report.
Patrick J. Small, Director of Economic Development, presented a
resolution concerning the Charlotte Hornets and their proposed relocation to
the City of Norfoik, the City of Louisville or the City of Charlotte. He stated
-the Hampton Roads Partnership is requesting the County's endorsement for
the relocation.
Supervisor Bradshaw inquired why the Charlotte Hornets are
considering leaving the City of Charlotte.. He stated he could not support the
resolution because of what he has Iearned -from family members who have
connections with sports individuals in the City of Charlotte.
Mr. Small stated the resolution presented tonight states .that an NBA
team is being attracted, but it does not mention the Charlotte Hornets.. -
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Supervisor Clark moved the Board adopt- the following language to be
contained in a resolution in the recruitment of the Charlotte Hornets and that
the Chairman be authorized to sign same: "Resolved,. that the City Councils,
the :Board of Supervisors, and Town Council of the seventeen cities,
counties and town constituting the region known as Hampton Roads, do
support and endorse the. effort to attract a National Basketball Association
team to our region, and encourage our citizens and business community to
do likewise." Further, the Chairman and, . if necessary, the County
.Administrator and County Attorney are authorized to sign such document(s)
as may be created or presented containing the above language.. The motion
was adopted with.. Supervisors MacManus, Bradby, Clark and Claud voting
in favor of the motion (4-1) and Supervisor Bradshaw voting against the
.motion. .
Supervisor Clark stated. when other cities have desired... the County's ~
endorsement of various things, the County cooperated, however,. when- the
County desired to implement a severance tax, ..these other localities did not
help the County. in its efforts at all which is very disturbing to him.
Supervisor MacManus moved that staff' forward a . resolution to .the
other seventeen (17) communities suggesting their .endorsement that -..the `
County be allowed to have both the severance and. cigarette taxes as options
and that an appropriate draft .resolution be prepared and provided to all
neighboring communities in Hampton Roads to gather their support as the
County goes forward into the 2002 General Assembly year, as well as an
item .for the Hampton Roads Mayors and. Chairs Caucus and Southside
Mayors and Chairs. The motion was adopted. with Supervisors MacManus,
Bradby, .Bradshaw, Clark and Claud voting in favor. of the motion (5-0) and
no Supervisors voting against the motion..
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'Chairman Bradby called for the Parks and Recreation report.
There was nothing offered for discussion by the Board.
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Chairman Bradby. called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, provided
an update on the draft. summary of the Hampton Roads Metropolitan
Medical .Response. System as prepared by the Hampton Roads Planning
District Commission and sent to the Federal Government for approval. Mr.
Childress noted that a video is available upon request for .perusal by .,the
individual Board members.
Mr. Childress presented a copy of a letter from Bill Sizemore, Captain
of the Windsor Rescue Squad, requesting the dispatching of the County
rescue squads be moved from the Smithfield dispatch to the Sheriff s office.
He noted that the squads would be further coordinating the implementation
of the request with the Sheriff He stated. the funding for the four (4)
positions that are currently in Smithfield. would be better served at the
Sheriffs dispatch center. He stated there will be some need for emergency
medical dispatch training to begin within the Sheriff's office, as well.
Regarding complaints from Mr. Sizemore concerning his inability to
hear the dispatchers, Mr. Childress stated Gately Communications is
currently reordering headsets for the Smithfield Dispatchers which were
incorrectly ordered the first time.
Regarding complaints filed by professional staff and volunteers, Mr.
Childress advised that the Dispatch Center in Smithfield has advised it will
no longer be able to track employees' time due to the installation of its new
dispatching soffware.
Supervisor Bradshaw moved the Board direct the Intergovernmental
Committee to -meet with the respective towns to duly inform them of the
direction the County is moving in with regards to dispatching. 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 noted the Board's desire to help the volunteer rescue
squads with emergency personnel. when needed. He stated in this regard, if
the squad was to stop performing outside the normal hours of operation, he
would be $2,000 over budget for salaries. He stated if the squad continues
at the current pace,: his budget will be over budget by $6,000-$7,000 at the
fiscal year's end.
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.Supervisor Bradshaw noted the Director of Budget and Finance can
prepare the necessary appropriations resolution at the end of the fiscal year,
if needed.
Responding to Supervisor MacManus' regarding. the rescue antenna,
Mr. Childress stated- Commercial Radio is anticipating the last of the,
equipment to be delivered in the next several days. He .stated- Henry's
Tower. Services has advised that with 48 hour's notice,. they can do` the
installation.
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Chairman Bradby called for the County Administrator's report:
County Administrator Caskey stated staff recommends the .Board
authorize staff to proceed in preparing a revised lease 'agreement with the
Social Services Department to become effective. beginning of next fiscal
year.
Supervisor Bradshaw moved the Board authorize staff to prepare a
revised lease agreement with. the Department of Social Services to be
effective July 1, 2002. 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.
Resolution to Appropriate $2,000 From the .Museum Gift Shop Fund.
Balance:
..Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWO THOUSAND DOLLARS FROM ~!
THE MUSEUM GIFT SHOP FUND BALANCE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved funding for the purchase of computer equipment and
software from the Museum Gift Shop Fund Balance; and,
WHEREAS, the funds in the amount of two thousand dollars ($2,000)
need to be appropriated from the .Museum Gift Shop Fund Balance to the
appropriate line. item in the FY 2001-02 Museum Gift Shop 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 two.
thousand dollars ($2,000) shall be appropriated from the Museum Gift Shop
Fund Balance to the appropriate line item in the FY 2001'-02 Museum Gift
Shop 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 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 noted the County's Beautification
Committee is experiencing difficulty getting full attendance at their meeting.
He stated the Committee recommends the Board consider the addition of
two (2) at-large members.
..Supervisor Clark moved the Board appoint two (2) additional
members from each election district to the Beautification Committee with
names to be recommended by the Committee. 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 the 20021egislative priorities
contained in the agenda package and reminded the Board that it would be
meeting with its legislative delegation at 4:00 p.m. on November "15, 2001
prior to its regular meeting.
Supervisor Bradshaw moved the. Board direct staff to prepare. a map
designating the region showing the localities, as well as the Towns of
Windsor and Smithfield, with a cigarette tax and a map showing .all the
borrow pits in 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.
Supervisor MacManus moved the Board direct the County Attorney to
research what is necessary for the Board to do in order "to remove the tie
breaker, and once the Board takes this action, will it eliminate that process
immediately or will the individual appointed remain in place until the end of
his term. 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 the Board adopt the 2002 legislative
priorities. as presented to the Board with the additions made in the above
motions with .maps and removing the tie breaker vote 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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County Administrator Caskey stated the Board had previously
discussed having .its Board retreat at the Smithfield Center. He stated the
facility is not available on the .dates previously discussed by the Board,
however, it is available on the. first Friday evening and Saturday in February..
Supervisor MacManus moved the, Board direct staff to take action to
book the Smithfield .Center on the first Friday evening and Saturday in
.February, 2002 for the purpose of conducting the Board's Annual Retreat.
An agenda is to be developed later on. 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 information presented by
Donald M. Long, Director of Public Works, on the Board Room audio
system. He stated the suggested solution is to consider replacement of the
amplifier from a 60-watt. amplifier to a 100-watt amplifier.
Supervisor Bradshaw moved the Board authorize the .County.
Administrator to proceed with the improvements as presented by the
Director of Public .Works. 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 Attorney's report.
County Attorney Crook stated the action of .the Board on the
Beautification Committee would require an amendment to the Committee's
bylaws. He stated he would request that the Board authorize him to make
the necessary change from one (1) member to two (2) members..
Supervisor Bradshaw moved to authorize the County Attorney to make
the necessary changes. 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. presented a contract for roof repair/ asbestos
removal which he recommends to the Board.
Supervisor Claud moved the Board approve and authorize the
Chairman to sign the contract. The motion. was adopted. with Supervisors
MacManus, Bradby; Bradshaw,. Clark and Claud. voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
County Attorney Crook stated in .working. with The Children's Center
on its lease with the County, The Children Center. has assumed that the rent
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will be $1 annually for thirty (34) years. He asked if the Board wishes $1 to
be the rent amount or does. it wish to consider a negotiated amount.
Supervisor Bradshaw moved that the Board direct the County
Attorney and staff to make a recommendation on compensation in lease
agreements for the property at The Children's Center and review the leases
of all other properties to recoup the fair market value. The motion was
.adopted .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
County Attorney. Crook stated he had several matters for closed
session later in the meeting.
Chairman Bradby called for Old Business.
Facility Master Plan and Space Study -Financial Comparison -
Option 1 & 1 A:
Anne F. Seward, Director of Budget and Finance, stated. the .Board
directed staff at its October 4, 200.1 meeting to come back with different
financial options for the recommendations from Mosely, Harris and
McClintock for the space study and needs analysis. She presented
information disclosing the financing cost for Option 1 and Option lA.
Supervisor MacManus moved that the Board endorse Option lA going
forward in the future. 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 recommended that the Board advise the School
Board that the Board will provide the same level of funding to them as last
year and that they should not anticipate a 3% or 4% increase. He stated the
Board, is now focusing on County services.
Supervisor MacManus noted that the projections indicate that the
student population is decreasing, therefore, the School Board would receive
less funding from a FederaUState perspective and he would recommend that
the Board advise the School Board that at the best the School Board would
receive flat funding.
Supervisor. Bradshaw moved the Board direct the County
Administrator and the Director of Budget and Finance to work with County
staff, Constitutional Officers, Social Services and the School Board to
determine if there are ways that. the County can reduce its expenditures.
.Recommendations are to be made back to the Board at a future meeting. The
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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 New Business...
Supervisor MacManus moved the Board direct staff and the County
Attorney to develop a new .policy that would designate that after ~an
appointee has absences from three (3) consecutively scheduled meetings that
the Board be notified and consider terminating: their appointment. Thee
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and. no Supervisors voting
against the motion.
Regarding a letter received from the Sheriff acknowledging the various
individuals that. assisted during a recent manhunt, Supervisor MacManus
moved the .Board direct staff put together an appropriate resolution as
requested for .the Board's 'December 20, 2001. meeting. The .motion- was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claude
voting in favor of the motion (5-0) and no Supervisors .voting .against the
motion.
Regarding services offered to local governments for regulating and
controlling .wireless telecommunications facilities, Supervisor Glark.moved
the Board direct the County Administrator, the Director of Public Utilities
and the Director of Planning and Zoning to contact representatives of
Resource International, Ltd... and come back with recommendations of any
assistance that companymay provide to~the County and whether it may be
advisable to eater into a contractual relationship with them on all aspects of
cellular towernegotiations, fees, and in general, the process.. If fees should
be increased in-house, for what staff does and are capable of doing, this be
done in-house: The motion was .adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against. the motion.
Regarding proposed funding for the School Board, Supervisor
Bradshaw moved the Board direct the County Administrator to inform the
.Acting School Superintendent that the Board has started preliminary
disc f d' d h"' 1 1 h h B d 'll
fl
ussions on un mg an t e mrtia ana ysis appears t at t e oar wi be
able to provide up to the same level of local funding for next fiscal year that
the School Board received for this fiscal year. 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 the Board direct the County
Administrator and Director of Budget and Finance to contact the
15
Commissioner of Revenue to inquire about taxes on radio tower
equipment/boxes located at the base of the towers. 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 Appointments.
Supervisor MacManus moved the Board appoint Lars Gordon to the
Planning Commission, representing the Smithfield District and replacing
Ronald York. The motion was adopted unanimously (5-0).
//
County Attorney Crook requested a closed session under Section 2.2-
3711 A3 of the Freedom of Information Act for advice of counsel and staff
concerning three (3) matters involving negotiations for acquisition of
property for public purposes where public. disclosure would adversely affect
the Board's bargaining position and under Section 2.2-3711 A7 for a matter
of advice of counsel regarding contract negotiations where public, disclosure
could adversely affect the County's position.
County Administrator Caskey requested a closed session .under
Section 2.2-3711. Al of the Freedom of Information Act concerning two (2)
personnel matters and under Section 2.2-3711 A3 concerning a matter
involving potential acquisition of property by the County for public use
requiring advice of counsel.
Supervisor Bradshaw requested a closed session under Section 2.2-
3711 A7 of the Freedom. of Information Act concerning a legal matter
requiring advice of counsel and under Section 2.2-3711 A7 concerning
contract negotiations and/or probable litigation matter.
Supervisor MacManus requested a closed session under Section 2.2-
3711 A3 of the Freedom of Information Act .concerning real estate
acquisition previously not disclosed.
Mr. Small requested a closed session under Section 2.2-3711 AS of
the Freedom of Information Act concerning negotiation with prospective
business.
Supervisor Clark 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.
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BOQh 2~ -.:-~?1
1
1
Upon returning to open session, Supervisor Claud moved the Board
adopt the following resolution:
CERTIFICATION OF CLOSED MEETING
VVfIEREAS, .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, 2.2-3712D 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, O 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 Claud moved the Board authorize the Director of Budget
and Finance to extend the contract of Moseley, Harris & McClintock. 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 approve the option agreement,
authorize the Chairman to sign it and authorize the Director of Budget and
.Finance to provide the funds in accordance with the. terms of the option
agreement. 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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B~Q~ 20 ri.c,~~~
~/
At 7:40 p.m., Supervisor .Bradshaw moved the Board continue its
regular meeting to 4:00 p.m. on November 15, 2001 for the purpose of
meeting with the County's General Assembly delegation.
Henry H. Bradby, Chairman
..