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12-06-2001 Regular Meetingao~K 20 ~~ ~ 552 REGULAR ..MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND ONE PRESENT: Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus Phillip A. Bradshaw ABSENT: Henry H. Bradby, Chairman 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 Vice-Chairman .Claud called the meeting to order at .6:00 p.m. He stated he was sitting in for Chairman Bradby who had a stroke last week and is doing better. Supervisor Bradshaw delivered the invocation. The Pledge of Allegiance was conducted. // ' Chairman Bradby called for Special Presentations. Gerald H. Gwaltney, Commissioner of Revenue, briefed the Board on the basis by which telecommunications towers and base equipmendstructures are currently being assessed. Supervisor .Clark explained he was trying to determine the amount of revenues the County collects. on basic towers and he requested Mr. Gwaltney to contact the State and request an estimate on the amount of revenues generated from the basic equipment located on a tower. Randall Lee, Group Operations. Manager, Charter Communications, updated the Board on .the status of the digital cable rebuild in the County. Supervisor Bradshaw inquired why Charter did .the City of Franklin before the County of Isle of Wight as Franklin is less populated. Mrr. Lee. stated it was a function of the contract with the City of Franklin. 1 1 1 Ao~~ 20..:.:553 Supervisor MacManus noted that the County does not have a current, franchise agreement with Charter and the Board continues to raise this issue with every Charter manager that appears before the Board and continue to get feedback that results in no current franchise agreement. Mr. Lee stated this could be accomplished with little effort. Supervisor Bradshaw requested that Mr. Lee be present at the first Board meetings of each month to provide the Board with an update ~of Charter's construction schedule. ` .Responding to Supervisor Bradshaw's request for. a map illustrating the boundaries and schedules as to when Charter anticipates completion, Mr. Lee offered to meet with the, County Administrator. He noted that such a map would be forwarded to the Board prior to its meeting on December 20, 2001. // Vice-Chairman Claud indicated .the following Consent Agenda included Items 2, A through H, and asked if there were any items for removal: A. 2001/2002. Virginia Transportation Development Plan B. Resolution to Accept and Appropriate $100,000 From the Federal Government for School Programs C. Resolution to Appropriate $232,300 From the Unappropriated Fund Balance of the General Fund to the Isle of Wight County 1 School Construction Fund D. Participation in the. Jamestown 2007 Celebration E. Blackwater (formerly Walter Cecil.Rawls) Regional Library System F. Resources International, Ltd. G. November 1, 2001 Continued Meeting Minutes H. November 1, 2001 Regular Meeting Minutes Supervisor MacManus moved the Board adopt all items of the Consent Agenda.. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting. in favor.. of the- motion (4-0) and no Supervisors voting against the motion. aoo~ 2~l -.~:~554 Regarding items such as Items "B" and "C" under the Consent Agenda, Supervisor Bradshaw asked the Board's Finance Committee to review the policy for appropriating .such funds. ~~ Vice-Chairman Claud called, for Regional Reports. Supervisor Bradshaw reported on the meeting with the City of Franklin and stated that the next meeting will be in February, 20,02 concerning issues that need addressing. He stated staff will get back together to discuss these issues between the City and the County.. Regarding , the Mayors. and Chairs Caucus, County Administrator Caskey advised he has not yet heard as to what action, if any, they will take regarding staff's recent presentation on local legislative priorities. He noted he has also written to the Virginia Tobacco Indemnification and Community Revitalization Commission seeking their support which may receive some positive consideration. He noted he would. continue to coordinate with neighboring localities seeking their support on these. issues. Regarding the proposal for a cigarette. tax, Supervisor Bradshaw advised that Delegate Barlow is presenting the same legislation as previously submitted. He requested Mr. Robertson to contact Delegate Barlow on additional legislation for consideration. /! Vice-Chairman Claud called for Transportation Matters. Jay Randolph, Planner, advised the Board that the next quarterly meeting with VDOT has been scheduled for December 17, 20U 1 at 1:00 p:m. He requested the Board advise staff of their individual issues. Mr. Randolph advised that the VDOT Resident Engineer would be present at the Board's December 20, 2001 meeting. He, noted a public hearing on the .Six-Year Plan for Secondary Roads will also be conducted at that meeting. Mr. Randolph notified the Board that the relocation .project on Pruden Road has been delayed pending resolution of the stormwater management basin. He noted one (1) property owner has expressed a concern as to the proposed location of the stormwater management basin. He noted the issue is whether the property owner should be compensated for this right-of--way or whether it should be donated. Supervisor Bradshaw moved the Board direct the County Attorney to work with VDOT and make a recommendation to the Board at its December 1 1 1 3 1 20, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting. in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Bradshaw requested that the Route 460/Fire Tower Road drainage issue in the Zuni area be included on the Primary Road List. Supervisor .Claud requested that staff provide a status report on the advertisement of the proposed improvements to South Johnson Avenue. // Vice-Chairman Claud called for Citizens Comments::.. Bessie Watson, Office on Youth Coordinator,. acknowledged the members of the Youth Advisory Council in attendance. She introduced the Chairman of the. Council, Cory Forrest, who addressed the Board on the functions of the Advisory Council. // Vice-Chairman Claud called for the Community Development report. Beverly. Walkup, Planner, presented a change order request. for additional work under the Blight Clearance, Phase II, Jamestown/Camptown CDBG Community Improvement Grant for the Board's consideration. Supervisor Bradshaw moved the Board authorize the additional. work to be completed for an additional amount of $1,880, bringing the total contract price to $19,674. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. I/ Vice-Chairman Claud called for the Public Utilities report. E. Wayne Rountree, P.E., Director of .Public .Utilities, requested the Board's approval for staff to negotiate a contract with The Atlantic Group as the County wireless communications consultant.. Supervisor .Clark moved to select The Atlantic Group as the County's wireless .communications .consultant and authorize negotiations for an agreement. The motion was adopted with Supervisors MacManus, .Bradshaw, Clark and Claud .voting in favor of the motion. (4-0) and no Supervisors voting against the motion. 4 eooK 2~l ;56 Mr. Rountree presented projected revenues for proposed water and sewer rate increases pursuant to Board direction for its information Supervisor Claud requested Mr. Rountree provide the Board with information as to how the rates are being advertised. /! Vice-Chairman Claud called for the Economic Development report. Patrick J. Small, Director of Economic Development, formally introduced Jamie Rock, the County's new Economic Development Research Specialist,. replacing Brooke Hardin. // Vice-Chairman Claud called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented the Central Dispatching Committee's recommendations for the Board's .information. Supervisor Claud stated under the prioritization of the construction of the central dispatching .facility he would not feel comfortable with a commitment from this Board that that facility would be the first thing constructed on the .complex. He noted he would prefer it to state prior to the construction of a central dispatching facility to ensure an efficient operation of the facility. Supervisor MacManus moved the Board accept the Memorandum of Understanding, as presented, for distribution to the Town Councils for approval; that the Board sees the. urgency in establishing at the appropriate time a central dispatching facility as it fits efficiently into the expansion of the administrative complex the Board is moving forward with; and, funding by the County for one (1) clerical position assigned to the Sheriffs Office. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Bradshaw noted he voted in favor of the motion, however, he has problems with the Board of Directors and he expects staff to come back if they have problems with the way the administration of this Board is being run. Mr. Childress distributed a revised timeline for implementation of emergency radio communications in Isle of Wight County in order to have. the center operational by July 1, 2002. ~l 5 .. Supervisor Bradshaw moved that the Board direct Mr. Childress to bring back detailed information regarding the proposal with maps showing the area of coverage and the longevity of the ystem and cost comparisons, as well as any additional information from the consultant's report. The motion .was adopted with Supervisors MacManus, Bradshaw, Clark. and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Mr. Childress. distributed to the Board information -from .Chesterfield County regarding billing for ambulance services for the Board's information. Mr. Childress advised that- paramedics provided the Isle of Wight Rescue Squad with 30-36 hours of supplemental weekend coverage. ;1 /J Vice-Chairman Claud called for the County Administrator's report. County Administrator Casket' presented a request for sponsorship from the Smithfield Packers Junior Pee-Wee Division Football Team. Supervisor Clark moved the -Board allocate $1,000 towards. the expenses of the team for the trip. The motion was. adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Claud requested that staff prepare an appropriate resolution recognizing the efforts of the football team. Donald T. Robertson, Assistant County AdministratorlDirector of Human .Resources, presented a contract, for the Hazard Mitigation Grant Program demolition project for the.Board's consideration. Supervisor Bradshaw moved the Board accept the low bid and authorize the Chairman to sign the contract agreement. The motion was adopted with, .Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. County Administrator Caskey stated staff recently attended a presentation concerning the proposed affordable housing project at Evergreen Acres. He stated HUD advised this morning. that it wished to review the Memorandum of `Agreement and he would: recommend the Board table consideration of the matter until its December 24, 2001 meeting or approve the Agreement pending the approval of HUD and the County Attorney. Supervisor Clark moved the Board approve the :.Memorandum of Agreement pending review and approval by HUD and the County Attorney. The motion was adopted with Supervisors. MacManus, Bradshaw, Clark and r ,~ .BOOK ^2i) -;,,;~e3'.~C7 Claudvoting in favor of the motion (4-0) and no Supervisors voting against the motion. County Administrator Caskey presented a proposed agreement with the Crater Criminal Justice Training Academy for the Board's consideration. He distributed a .letter received from the. County Attorney's office offering comments relative to the language .that was also: forwarded to the Crater. Criminal Justice Training Academy. County Attorney Crook stated the statute requires atwo-thirds, (2/3) :vote of the Academy for a jurisdictional withdrawal and if there are -too many :Academy persons on the Board of Directors you might not get a favorable vote for withdrawal. Consequently, he recommended only jurisdictional. Supervisor Clark moved the Board table consideration of the matter until the Board's December 20, 2001 meeting and request the County Attorney to review the Agreement and provide his comments. The matter should be placed under Old Business and a resolution prepared for consideration of the Board. The motion was adopted with Supervisors MacManus, Bradshaw, Clark- and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Mr. Robertson stated the City of Richmond has funded seminars that provide information to local governments on environmental issues and he has provided a brief overview of the seminar he attended in early December in the Board's agenda package. He stated it is recommended that the County have at least one (1) staff dedicated to the implementation of an environmental management system. He recommended the County have an internal audit conducted of the day-to-day functions with regard to hazardous waste and use of hazardous materials. Supervisor Bradshaw moved that the Board direct the County Administrator and staff establish a timetable on the County's strategic plan on an environmental .management. system. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. . County Administrator Caskey made reference to certain adjustments to the County's Pay and Classification Plan contained in the agenda and noted these would. be handled administratively. County. Administrator Caskey made reference to an FYI item concerning an invitation to attend an Introductory Business Dinner on Tuesday, December 18, 2001 at .6.00 p.m. at the First Gravel Hill Baptist Church Banquet Hall. ' 1 1 1 7 90!'~r 2~! ~ );J County Administrator Caskey made reference to an FYI item from: Senator Fred Quayle, dated November 29, 2001, congratulating Patrick Small 1 on recervmg his Certified Economic Development designation. County. Administrator Caskey recommended that the Board recess its. meeting at 5.00 p.m. for the annual Wreath Hanging event. // 1 1 Vice-Chairman Claud called for the County Attorney's report.. County Attorney Crook .distributed copies of a lease agreement he prepared for The Childrens Center which has been reviewed by their attorney and ready for the .Board's signature. He stated the Board previously requested staff to -make a recommendation on the amount of rent which is that the amount of rent would be the loss of real estate tax revenue for that property (exclusive of the building) which would change with each "reassessment. Supervisor MacManus moved the Board approve the lease with The Children's Center, as amended by .the County Attorney. The motion- was adopted with Supervisors MacManus, Bradshaw, Clark and Claud. voting in favor of the motion (4-0) and no Supervisors voting against the motion. County Attorney Crook advised the Board that he has closed on the Gray property. and Sustainable Forrest property since the Board's last meeting. County Attorney Crook stated regarding the Habitat for Humanity ..property there seems to be an encroachment on that property and he would recommend that the Board authorize him to have a survey prepared of that parcel of land. ' Supervisor Bradshaw moved the Board direct the County Attorney to have a survey prepared on the parcel of land. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. .County Attorney Crook presented the computer services agreement with the Sheriff's Department .for IT services which has been accepted by the Sheriff and needs Board approval. Supervisor Bradshaw .moved the Board accept the agreement for IT ; services with the Sheriffs Department. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 8 ea~~ 2~ •~: ~~~ County Attorney Crook stated he forwarded the proposed Windsor Water tower agreement. to the Board under separate cover fore review. He noted he only received back comments from the Director of Public Utilities. Mr. Rountree stated he had recommended that the ten (10) day payment where the Town would incur the cost and send the bill to the County for its share and the County's payment would be made in ten (10) days be changed to sixty (60) days. He stated he thought Section E (1) was very vague and that it be rewritten. He stated there was also a legal. question about the County defending the Town which he needs clarification on. Supervisor Bradshaw moved that the Board authorize .the County Attorney and Director of Public Utilities meet with the Town of Windsor to clarify the issues and. bring the contract back to the Board. for consideration. The. motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Vice-Chairman Claud called for Old Business. A. Administrative Fee Study for the Department of Planning and Zoning. Anne F. Seward, Director of Budget and Finance, distributed to the Board revenue projections, as requested previously, for the Board's reference. She stated an additional. column is included for the recommended rate changes, as well as the DMG 1989 study recommended rates. County Attorney Crook stated these fees have to be defendedlegally and they must be based on actual administrative cost as the statutes give localities the authority to set fees to cover administrative. costs. Supervisor Bradshaw moved the Board forward the BOS recommended rates in the last column to the Planning Commission for public hearing. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors. voting against .the motion. B. A Proposal of the Virginia Department of Transportation to Install An Advance Warning System on the James River Bridge Supervisor Clark moved the Board table consideration of the matter until the Board's March 7, 2002 meeting to provide the Board with additional time to study the Proposal. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. 9 1 1 1 1 1 eooK 2J -.;~ 561 C. Boykin's Tavern Facility Request Form Diane Howard, Director of Tourism, .offered to address any questions the Board may have on the proposed form. Supervisor Bradshaw moved the Board approve the Boykin's Tavern Facility Request: Form. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in, favor of the motion (4-0) and no Supervisors voting against the motion. Responding to Supervisor MacManus' request. for a status report, Mr. Hornbaker advised the overhead screen/projector -has been ordered and should arrive by the end of the month. Responding to Supervisor MacManus' request for a status report on the elimination of the tie-breaker, County Attorney Crook advised that the tie breaker could be terminated and suggested. the termination occur at the Board's organizational meeting in January. He noted a tie vote on a particular matter would result in a defeat of the motion. thereafter. Responding to Supervisor MacManus' request for a status report on Board appointed Committees/attendance, County Attorney Crook advised that he would 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 the Board would consider terminating that.' individual's appointment. Responding to Supervisor Bradshaw's request for a status .report on cost reductions, County Administrator Caskey noted he and the Director of Budget and .Finance will begin the process of working with County staff, Constitutional Officers, Social Services and the School Board to determine if there are ways that the County can reduce its expenditures and provide the Board with a recommendation on their findings. // Vice-Chairman Claud called for New Business. Responding to Supervisor Bradshaw, County Administrator Caskey advised the request from Social Services for. an infant changing table is being handled administratively. Supervisor Bradshaw requested that the Director of Budget and .Finance provide him with the dollar amount for. the previous. year regarding the County's contribution under the: Franklin Revenue Sharing Agreement. /~ 10 eoew 2f~ -~:-~~2 Vice-Chairman.Claud called for Appointments. Supervisor Bradshaw moved the Board reappoint Donald T. Robertson .for an additional three (3) year term on the Western Tidewater community Mental Health. and Retardation Services Board (Chapter 10). The motion was adopted unanimously {4-0). {1 At 5:00 p.m., Supervisor Claud moved the Board recess for the annual Wreath Hanging event. The motion was adopted unanimously (5-0). /! Upon returning to open session, County Administrator Caskey requested a closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning two (2) personnel matters. Supervisor Claud requested a closed session under Section 2.2-3711 A7 concerning a contractual matter for advice of counsel. Mr. Rountree requested a closed session .under Section 2.2-3711 A7 concerning a contractual matter requiring advice of counsel Mr. Childress requested a closed session under Section 2.2-3711 A7 concerning a contractual matter requiring advice of counsel. Mr. Small requested a closed session .under Section 2.2-3711 A7 concerning negotiations with industrial prospects siting where no previous location has been announced. County Attorney Crook requested a motion for closed session under Section 2.2-3711 Al concerning a personnel matter; under Section 2.2-3711 A3 concerning negotiations for a property .acquisition; under Section 2.2- 3711 A7 concerning three (3) matters- of litigation for advice of counsel; under Section 2.2-3711 A7 concerning a citing of industry; under Section 2.2-37.11 A7 concerning a legal matter requiring advice of counsel; and, under Section 2.2-3711 A7 concerning a contract negotiation for advice of counsel. Supervisor Bradshaw moved the Board enter closed session for the reasons stated.. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Clark left during the closed session and did not return to the. meeting. . 1 1 LJ 11 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, 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; 1 1 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, Bradshaw and Claud NAYS: 0 ABSENT DURING VOTE: Clark ABSENT DURING MEETING: Bradby The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (3-0); no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. // Supervisor Claud moved for an extension to March 1, 2002 for the remaining users to hook up to the Windsor sewer system at the rate of $3,000. ; and to utilize the option of the installment plan. The. motion was.. adopted with Supervisors MacManus, Bradshaw and Claud voting in favor of "the motion (3-0) and no Supervisors voting against the motion. At 6:30 p.m., Supervisor Bradshaw moved the Board continue. its regular meeting to December 20, 2001 at 4:00 p.m. for purposes of 12 sooK 2~ ,~ :-~~~ conducting a joint. meeting with the School Board. The motion was adopted unanimously (3-0). // Robert C. Claud, Chairman W. Dou skey, Cler ~, 1 1 11