02-07-2002 Regular Meeting8o4K 2t~ '` ~~8
REGULAR MEl/TING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS. HELD. THE SEVENTH- DAY OF FEBRUARY IN THE
YEAR TWO THOUSAND AND TWO
PRESENT: Robert C. Claud, Sr., Chairman
Richard K. MacManus, Vice Chairman
Stan D. Clark
Phillip A. Bradshaw
Henry H. Bradby
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 Claud called the meeting to order at 2:00 p.m. The
invocation was. delivered. by Supervisor Bradshaw.
The Pledge of Allegiance was conducted.
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Chairman .Claud called for Special Presentations.
Chairman Claud presented Alan S. Nogiec, Director of Parks and
:.Recreation, with a resolution in recognition of the Isle of Wight County
.Fireworks Shooting Team and requested he forward it to Willie B.
.Copeland, Chief of the Windsor Volunteer Fire Department in his absence.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO RECOGNIZE
"The Isle of W fight County Fireworks Shooting Team"
WHEREAS, the Isle of Wight County Fireworks Shooting Team is a
group of volunteers who have since 198'7 worked with County Staff to
provide an Independence Day Fireworks Celebration in the Towns of
Smithfield and Windsor; and,
WHEREAS, the Isle of Wight County Fireworks Shooting Team is
.made up of Members of the Windsor Volunteer Fire Department; and,
WHEREAS, the members of the Isle of Wight County Fireworks
Shooting Team have assisted the Department of Parks and Recreation with
.the set-up and firing of the shows each year for the past fourteen years; and,
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WHEREAS, the Isle of Wight County Fireworks Shooting is
announcing their retirement: and
WHEREAS, the Board of Supervisors of the County of Isle of Wight .
Virginia desires to recognize the Isle of Wight Country Fireworks Shooting
Team for its efforts.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight,. Virginia recognizes..
and thanks the Isle of Wight County Fireworks Shooting Team and its
members, in particular William B. Copeland, Dane.. Scott, Lee Marshall Jr.
Charles R Harmon, Clarence Newsome and other members of the Windsor.
Volunteer Fire Department, for their dedication to providing the residents
and guests of this County many spectacular fireworks demonstrations. over
the past fourteen years.
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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Sheriff' Charles W. Phelps presented the Board with the status. of he
Wireless Program. He reported that all providers have contacted the County
and phase 1 is anticipated to be on .line by mid-April. He stated test dates
are scheduled for the last. part of February and the early part of March, 2002
and, if the tests prove to be accurate, the County will begin to receive the
cellular 91 l phone .calls. He stated .Voice Stream, an additional provider,
has been contacted and they are anticipated to be on line by the third quarter
of the year. He stated grants- have been secured from .the Wireless.
Committee in Richmond and staff is .proceeding in this effort on schedule.
Sheriff Phelps briefed the Board on the Auxiliary Sheriff Division. He
noted that five (5) auxiliary deputies attended: the. DCJS Academy for law
enforcement certification. and all are now law enforcement certified officers.
He noted four (4) deputies have recently graduated from Crater .Criminal
Justice Academy. He noted that. these officers will help fill. in on the
weekends and help with the manpower shortage in the County.
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Chairman Claud indicated the ..following Consent Agenda included
Items 1, A through C, and asked if there were any items for removal
Loan to the Industrial Development Authority
Resolution- to Accept and- :Appropriate $36,427 From the
Virginia State Compensation Board Technology Fund
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Resolution to Accept and Appropriate $12,262 to the CDBG
Jamestown/Camptown Fund for Various Program Expenditures.
Resolution to Accept and Appropriate $1,875 From the
Commonwealth of Virginia Department of Agriculture and
Consumer Services
. Comprehensive Services Act Quarterly Census Report
Hazard Mitigation Grant Program -Elevation Project
Fluoride
December 20, 2001 Regular Meeting Minutes
January 8, 2002 Work Session Minutes
Supervisor Bradshaw moved. the Board add to the Consent Agenda a
letter distributed by the Director of Planning and.Zoning dated February 3,
2002 from David A. Steele, P.E., Assistant Resident Engineer,.. VDOT
concerning the addition of the centerline pavement markings on Route 644
(Firetower Road) to the Consent Agenda and 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 Claud called for Regional Reports
Regarding the Hampton Roads Economic Development Alliance,
Chairman Claud reported that the annual meeting was held. in Portsmouth in
January, 2002. He reported that a goal of $5 million was reached and they
are continuing to work towards raising the remaining $1 million. He stated
Farmers Bank is the first business in the County to become a member of the
Economic Development Alliance.
County Administrator Caskey noted that he had a copy of the Annual
Report should any Board. member wish to see it.
Regarding the Mayors and Chairs Caucus, Chairman Claud reported
that he attended the meeting held on February 1, 2002 held at the Smithfield
Center. He stated representatives from -other localities were impressed with
the Center and that a transportation funding referendum was one of the
major topics discussed.
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Regarding the .Hampton Roads Planning District Commission,
Chairman Claud reported there was a handout included with the Board's
agenda on economic forecast for 2002.
Regarding the Western Tidewater Water Authority, Chairman Claud
reported that the next meeting will be March 15, 2002.
Regarding the Southeastern Public Service Authority, Supervisor
MacManus reported there was an increase. in permanent staffing with SPSA
which he was not in favor of because he .felt ,the timeframe had been- too
short. He stated that he is in support of SPSA's overall concern to reduce
costs of operation. He stated the SPSA retreat. was held on January 23~ and
24`~ to discuss short and long-term strategic goals.
Regarding the. Intergovernmental Relations Committee, Supervisor
MacManus reported that the Windsor Water Tower Agreement 'was
discussed, as well as the possibility of requesting from VDOT safety :funds
for Nike Park and Battery Park Roads. He noted that a number of concerns
of the. Town of Smithfield were addressed regarding central dispatch efforts.
- Regarding the Hampton Roads Economic Development .Alliance,
County Administrator Caskey presented Supervisor. Bradby with a plaque
for. his. participation as the .County's representative on the Economic
Development Alliance.
Regarding the Western Tidewater Regional Jail Authority,.. Supervisor
Clark reported only routine business was discussed.
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Chairman Claud called for Transportation Matters.
Jay Randolph, Planner, presented a Resolution of the Board. of
Supervisors of Isle of Wight County, Virginia on Replacement of the Rescue
Bridge on Route 704 for the Board's consideration.
Supervisor Clark moved the Board adopt the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY,.. VIRGINIA
ON REPLACEMENT OF THE
.RESCUE BRIDGE ON ROUTE 704
WHEREAS, the existing bridge crossing Jones Creek in Isle of
Wight County, ,Virginia was constructed in 1937 and has deteriorated-to
the point that requires its replacement with a new. bridge for the safety
" and benefit of the local citizens and businesses; and,
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WHEREAS, the replacement of the Rescue Bridge has been a
priority road .improvement of the Board of Supervisors for over ten
years; and,
WHEREAS, construction of a new bridge was begun on 1997 on a
new alignment, but was terminated ~ by the .Virginia Department of
Transportation due to settlement problems on that alignment; and,
WHEREAS, the new Rescue Bridge is now proposed to be built
on the existing. alignment requiring the closure .and demolition of the
existing bridge that provides an important link between the communities
of Rescue .and Battery Park and the detour of traffic for the duration of
construction; and,
WHEREAS, in addition to the public hearing that was held by
Virginia Department of Transportation on August 1, 2000, the Board of
.Supervisors held a public hearing on September 21, 2000, to receive
comments on this project.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that the construction of anew bridge on
the existing alignment is endorsed by the. Board with the understanding that
the Virginia. Department of Transportation will incorporate the following
provisions into this project:
I ).The construction contract shall include specific incentives to
encourage the timely completion of the bridge. and causeway
projects as well as substantial penalties for exceeding the
contracted completion date, not to exceed eighteen (18) months.
BE IT FURTHER RESOLVED that the Board of Supervisors of
Isle of Wight. County hereby endorses the request by the .Virginia
Department of Transportation to close a segment of Route 704
beginning July 2002 and. that this segment of Route 704 will remain
closed until no later than .January 2004 for the replacement of the.
Rescue Bridge.
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. Randolph presented the Revenue Sharing Program for Fiscal Year
2002-2003 for the Board's consideration which .allows State funds to be
matched with local funds. on a .dollar. per dollar basis. for the construction and
maintenance improvement of primary and secondary highways in the
County. He stated the current allocation State-wide is still being debated by
the General Assembly and a priority list outlining projects will have to be
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prepared with the VDOT Resident Engineer's assistance. He recommended
that a framework also be established to allow the Town of Windsor to
participate through the County's application and that such application. must
be received in Richmond by March 30, 2002.
Chairman -Claud moved the Board convey to VDOT its intent to
participate in the Revenue. Sharing Program, in the local match amount of
$500,000, and direct staff to coordinate with VDOT on establishing a
preliminary priority project list incorporating the interests of the Town. of
Windsor. 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. Randolph noted that staff has received a public/private
transportation proposal prepared by Fluor-Daniel for the construction of the
third crossing for Hampton Roads. He stated completion of this project is
anticipated by Fluor-Daniel approximately five (5) years ahead of VDOT's
estimate of 2014 at a substantial lower cast.
Supervisor Bradby requested staff take appropriate action. to have the
broken pavement repaired on Route 10-near Wells- King. Lane.
Supervisor Clark-requested staff contact the VDOT .Resident Engineer
to take appropriate action to relieve the drainage situation which occurs
during heavy rains on Sugar Hill Road (Carrollton Meadows exit)..
Supervisor MacManus directed staff to request VDOT to take
appropriate action to either have the speed limit reduced on Nike Park Road-
(west of the Jones Creek Bridge) or signage placed to show that. there area
number of driveways entering onto. the highway.
Chairman Claud called for citizens with transportation concerns to
address the Board.
Sheriff .Charles W. Phelps thanked the Board .for its assistance in
having Days Point Road (Route 673) moved. up on VDOT's priority list for
clearing during inclement weather.
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Chairman Claud called for Citizens Comments.
Pat Clark of Twin Hill Lane in Carrollton addressed the design
standards for Founder's Point. He stated there are still many questions to be
answered before the Board votes on the master plan. He stated the safety of
Sugar Hill Road has yet to be addressed related o traffic flows and the
entrance being located on the curve. He asked if alllegal questions have
been addressed regarding the 1975 agreement for Eagle Harbor and the
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Norsworthy developments, i.e., if the Carrollton Baptist Church property
being. developed was a problem for the 1975 agreement, if the number of
.parcels to be developed were 29 or 30 and if the acreage assigned to the
school system in the 1975 agreement has been worked out to the satisfaction
of the County. He inquired if a moratorium could be placed on the large
developments until the State .budget and the economy returns to a point
where the public facilities requirements could be met without burdening the
citizens with increased taxes,
Thomas Finderson suggested a sales price of $35,000 to $40,000 per
acre as a fair price per acre for the twenty-four (24) acre school site. He
stated there are a number of citizens concerned with the drain line under
Sugar I-Iill Road. He advised .that Mr. Bugin wants an underground drain
line covered with soil to address any mosquito problems and citizens living
along there desire a 100 foot .buffer between their .property and the
development. He stated the developer previously stated that the recreational
area would not be intruded upon, however, the BMPs substantially intrude
on the twelve (12) acre ,recreational area.. He stated there is also concern
about setbacks on property across the. road (trailer properties) due to traffic
improvements. He stated there. is a concern that if an individual wishes to
build a house in lieu of a trailer, they may be unable to do so because of non-
conforming .lots.: He requested the Board. advocate these concerns on their
.behalf.
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Chairman .Claud called for the Parks and Recreation report.
Mr. Nogiec reported that .the Parks and Recreation Advisory
Committee is now functioning and included in the Board's agenda is their
proposed. Capital Improvements Funding Plan for Fiscal Years 2002 through
2010.
Chairman Claud moved the Board receive the proposed funding plan
as adopted by the Parks and Recreation Advisory Committee on January 10,
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.
Mr. Nogiec stated as a result of the announcement of the Isle of Wight
County Fireworks Shooting Team to retire, an increase in funding in the
amount of $4,000 to the existing $11,000 budget is necessary if the County
wishes to put on comparable 2002 Independence Day Fireworks shows.
In response to a question of Supervisor Bradshaw, County Attorney
Crook advised that the Board .always has the ability to not approve a line
item even though it is in the proposed budget and has been earmarked if
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there is a shortage of funds. He stated all. government contracts are subject
to appropriation by the governing body.
Supervisor MacManus moved the Board approve the requested budget
allocation for FY2002-2003. in the amount of $.15,000. The motion was
.adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion {5-0) and no Supervisors voting against. the
motion.
Mr. Nogiec stated since the opening of the boat ramp at-Jones Creek in
1994, a number of concerns have been voiced in reference to safety issues
from passing boats traveling at no wake speeds. He stated there is now a
floating dock located at Jones Creek that. is also impacted and he is
requesting- permission to advertise. for public hearing a No Wake Zone for.
the Jones Creek Boat Ramp.
Supervisor Clark moved that an .area approximately 100' northwest of
the property owned by Reginald Langhorne to an area approximately. 100' ~,
west of the westerly bend of Jones Creek be considered for designation as a
"No Wake Zone" and advertised for public hearing. 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 Claud called for the Emergency Management report...
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Richard O. Childress briefed the Board on .ongoing negotiations with
Verizon for E-9.11 communications. He stated Verizon is ,anticipating. its
submittal to the County next week so that negotiations can begin. He stated
no other vendors that have been contacted have submitted a proposal for.
evaluation of the County's radio structure. He stated he has received
information from Sussex County that he is reviewing. as a possible solution
to the County's telecommunications problems.
Mr. Childress reported that. there were approximately .thirty (30) hours • ~~~ ~ ' "
of paid staff supplementing time for the Isle of Wight Rescue .Squad. last
week and he anticipates the same amount of hours for the coming weekend
in order to keep staffing levels up.
Mr. Childress briefed the Board on the Town of Smithfield's
addendum to the Memorandum of Understanding for centraLdispatching.
Supervisor .Bradshaw stated the Board. needs to readdress .the makeup
of the Board. of Directors and that the County should have at least 50% of
the membership of that Board. He stated he will not vote on the matter.until
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.that membership has been leveled out with the County representing 50% of
.the membership.
Responding to Supervisor Bradshaw, Mr. Childress noted he was not
able to ascertain whether .the Town of Windsor has had an opportunity to
review the changes.
Supervisor MacManus stated that he and Chairman Claud met with
.:representatives of the Towns of Windsor and Smithfield to work through
their initial set of concerns. He stated at the Intergovernmental Committee
meeting all members felt that they wanted to protect the current dispatchers
of the Sheriff's Department, as well as the Town. of Smithfield. He stated all
members also wanted to share appropriate costs fairly and felt that the initial
splits as presented in the original Memorandum of Understanding. allowed
for that. He stated central dispatch needs to happen and the County needs to
move forward.
Supervisor Bradshaw moved the Board direct staff to solicit feedback
from the Town of Windsor on the Memorandum. of Understanding. Staff is
.then to take the comments from the Town of Smithfield and review them
and incorporate a 50% membership on the .Board of Directors and return
with- appropriate recommendations to the Board for- discussion by the Board
no later than by its March 7, 2002 meeting. The County Attorney was
requested to review the MOU .and to assist staff in its incorporation of
recommendations that are in the best interest of the County. The motion
was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
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ChairmanClaud .called for the County Administrator's report.
County Administrator Caskey presented a Resolution to .Appropriate
$249,147 from the Unappropriated. Fund Balance of the General Fund to the
Isle of Wight County Schools for the Board's consideration. Donald T.
Robertson, Assistant County Administrator/Director of Human Resources,
distributed a copy of a letter received from Dr. Alexander Decker, Interim
School Superintendent addressing this matter.
Supervisor Bradshaw moved the Board deny the resolution due to the
financial condition of the State as the County does not know what revenues
it will be receiving from the State. The motion was defeated with
Supervisors Bradshaw and Bradby voting in favor of the motion (2-3) and
Supervisors MacManus, Clark and Claud voting against the motion.
Dr. Decker. stated the School Board's priority is to use the unobligated
fund balance for school bus transportation. He stated funds would ,be .used
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for the purchase of one. (1) additional handicapped school bus and one (1)
replacement handicapped school bus. He stated the schools have moved up
to a fourteen (14) year replacement cycle. on school buses. He stated the
schools are continuing adding to the special education population and the
school system is required to transport special education students: He stated.
in an effort to save money, some of the special education children -are
transported by automobile rather than the expensive school buses. He stated,
of critical need to the school system is one (1) handicapped bus which is an
additional bus.
Supervisor .Bradshaw stated he :anticipates the County will lose
approximately $2,000,000 in State funding this year that will have to be
absorbed by the local government. He stated the schools are .not doing what
the rest of the organizations are doing in ,tightening their budgets if the.
schools can not find $54,000 out of its $39,000,000 budget.
Dr. Decker stated the schools eliminated .several million dollars from
its budget last year and over. twelve (12) employees were terminated.. He
stated the schools are anticipated to receive notification. sometime in April
from the State. what it will- receive as funding.
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Supervisor Clark moved the Board approve the following amended
.resolution to include Priority # 1 (Handicapped School Bus) in the amount of
$54,000 and Priority #2 (Replacement Special Education Vehicle). in the
amount of $17,000:
RESOLUTION TO APPROPRIATE SEVENTY-ONE THOUSAND
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND TO THE ISLE OF WIGHT COUNTY SCHOOLS
WHEREAS, during the 2000-0 l budget year, the Isle of Wight County
Schools did not expend .all budgeted funds to be received from -local sources
by two hundred forty nine thousand one hundred forty seven dollars
($249,147); and,
WHEREAS, the balance of the remaining funds in the amount of
`seventy-one thousand dollars ($71,000) has been approved for appropriation:
from-.the unappropriated fund balance of the General Fund for the specified
non-recurring capital expenses in the 2001-02 School Operating Budget of
the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia :that
seventy-one thousand dollars ($71,000) from the Unappropriated Fund
Balance of the General Fund be appropriated to the 2001-02 Schoot
Operating Budget of the County of Tsle 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. Clark, MacManus and
Claud voting in favor of the motion (3-2) and Supervisors Bradshaw and
Bradby voting against the motion.
Supervisor Bradshaw stated the reason the $oard implemented a tax
:increase last year was to maintain a 6% in reserve and now the Board will be
depleting -some of the 6% reserve by allocating this funding to the schools.
Supervisor MacManus stated the Board did establish. a policy to have
a 6% reserve, however, the Board also has a policy. to meet the needs of the
citizens of this County. He stated the Board is trying to choose wisely on
what requires expenditures which is why he could .support Supervisor
Clark's motion.
Supervisor Claud asked the Board to keep in mind that the requested
.funds ,were funds previously approved in the budget, but not expended by
the schools. He stated he agreed with Supervisor Clark that there are some
things that have to be done.
Supervisor Bradby: stated he is conservative and he has a problem
appropriating these funds until the Board sees what needs to be done. He
stated the State of Virginia is in poor financial condition and the County
must tighten its belt accordingly.
County Administrator Caskey stated the Board, in its current budget,
approved funding in the amount of $250,000 to be allocated in ten (10)
equal annual installment of $25,400. He stated the current lease between the
County and the YMCA makes reference to .prior. written consent by the
County and the landlord for any expansion of those operations at that
location. He stated the YMCA is requesting funding from the County for
the expansion and stag is looking for direction as to what means the Board
wishes to provide that authorization so that the annual installment of
funding can be administered. He stated the Board has discussed with the
Director of Budget and Finance and the County Attorney the need to revisit
many of the County's lease agreements and this is being brought to the
`Board's attention fordirection in this matter.
Supervisor MaeManus recommended that the County Attorney and
staff, prepare an .agreement that includes an increase in rental fees,
accommodates- school usage for both the elementary and high school, as well
as Parks and Recreation Facilities usage with a reiteration of the needs for
the repair and liability insurance to be maintained by the tenant itself.
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Supervisor Clark recommended there be a reduced enrollment fee for
fire and rescue individuals.
Supervisor MacManus moved the Board direct staff and the County
Attorney negotiate an agreement with the YMCA. to include increased rental
fees, accommodate schools and County usage, (Parks and Recreation) with .
the repair and insurance liability to be maintained: by the tenant and a
reduced enrollment fee for fire and rescue volunteers. 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. Robertson presented a .request. received from the Fifth District
Community Corrections Program for funding in the amount. of $1,048 for
this fiscal year. He stated last year's contribution was approximately $4,000
and it was staffs understanding that was a rotating contribution. He stated
staffs expectation is that this will not be a request in the .coming budget
year, however, staff was not anticipating this request either.
Chairman Claud .moved the Board approve the Program's request to
appropriate $1,048 from the County's Contingency Fund. The motion was
defeated with Supervisors MacManus and Claud voting in .favor of .the
motion (2-3) an,d Supervisors Clark, Bradshaw and Bradby voting against
the motion.
County Administrator Caskey stated the Hampton..Roads region.. has
been planning how to prioritize and fund a variety of major regional
transportation projects critical: to Hampton Roads. He stated one of the
projects is improvement to Route 460 and the Mayors and Chairs discussed
at their last meeting the feasibility of referendums this Fall relative to how to
fund these various major facilities. He stated the Mayors and Chairs Caucus
is seeking direction from its respective, member jurisdictions. relative to their
support for a regional sales tax scenario that would be attributed to a defined
area limited to .those jurisdictions that are members of the Metropolitan
Planning Organization (MPO).
Supervisor MacManus requested that the MPO regional maps be
amended to include Route 460, as well as the entire County, before any
referendum is considered.
County Administrator Caskey stated the Workers' Compensation'
Commission has been utilizing the Board Room since Board .approval in
1997. He 'stated stag' has been complaining citing disruptions, individuals
in the hallways and inability of staff to get to the other side of the building
without having to go all the -way around the: building instead of passing
through the Board Room. He requested the Board authorize him to advise.
" the Virginia Workers' Compensation Commission that after April 30, 2002
their use of the Board Room will cease.
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Supervisor Clark- requested staff contact the Senior Circuit .Court
Judge to investigate the possibility. of the Commission utilizing one of the
courtrooms.
Supervisor MacManus moved the .Board authorize the County
Administrator to advise the Virginia Workers' Compensation Commission
that the Board Room will no longer be available for its hearings after April
30,.2002 and that staff be directed to contact the Senior Circuit Court Judge
to investigate the possibility of the Commission utilizing one.. of ,the
courtrooms. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, .Clark and Claud .voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Casket' stated in .follow-up to the .Board's
Retreat held this past weekend, modifications .have been made to the Draft
Isle of Wight County Strategic Plan of Action for the Board's consideration
and direction.
Supervisor Bradshaw moved the Board adopt the Strategic Plan of
Action and staff is directed to develop an Action Plan to implement the
Strategic Plan for the Board's consideration. 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 requested the Board set a date for its
Annual Town Meeting.
Supervisor Clark moved the Board set March 16, 2002 from .10:00
a.m. until 12:.00 noon at the Carrollton Elementary School for such meeting.
.The motion was adopted .with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting i7 favor of the motion (5-0) and no Supervisors
voting against the motion.
Anne F. Seward, Director of Budget and Finance, stated staff received
a health insurance renewal quote which reflected an 18% increase in
premiums. ,She stated negotiations with Trigon have resulted in the increase
being reduced to 6% with an increased cost to the County of $31,437. She
stated staff' is recommending that the employer pick up the increase of the
contribution.
Supervisor MacManus moved the Board authorize staff to proceed
with the annual plan renewal with. the understanding that the rate increase
amounts are to be covered by 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.
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County Administrator Caskey ,presented Supervisors Bradby and
Bradshaw with Certifications of Erection from the Registrar.
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Chairman Claud called for the County Attorney's report.
County Attorney Crook reported that the Windsor Water Tower
Agreement has been returned to the attorney for the Town of Windsor and
will be considered by the Windsor Town Council next week.
..County Attorney Crook reported that. the deeds have been recorded
regarding the property transaction for the Carrollton Volunteer Fire
Department project. He requested that the Board authorize the Chairman to
sign the Settlement Statement on behalf of the County.
Supervisor Clark moved the Board authorize the Chairman to sign the
Settlement Statement on behalf of the County. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (S-0) and no Supervisors voting against the :motion.
County. Attorney Crook presented the Architect's contract for the
Carrollton Volunteer Fire Department project which he recommends the
Board approve.
Supervisor .Clark moved the Board approve the contract for the
Carrollton Volunteer Fire Department project. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor
of the motion (S-0) and no Supervisors voting against the motion.
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Supervisor Clark inquired about the status of the transfer of
recreational property from the Gatling Point North Association.
County Attorney Crook reported that he is .awaiting a response from
Attorney Riddick on certain issues he raised.
//
Chairman Claud` called for Old Business.
A. Resolution to Establish Policy Regarding Committee Members
Absenteeism
County Attorney. Crook stated pursuant to Board. direction he has
prepared the resolution. for the Board's consideration which provides that
any committee member .who is absent from three (3) consecutive committee
meeting may have his or her appointment terminated. He stated .this
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requires the Committee to report to the .Board on .what is happening
regarding attendance so the Board could take appropriate action.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO ESTABLISH POLICY REGARDING
COMMITTEE MEMBERS ABSENTEEISM
WHEREAS, .the Board of Supervisors by necessity, and in the best interest
of the citizens of Isle of Wight County, Virginia, from time to time appoints
members to committees created by said Board to perform specified functions on
behalf of the Board of Supervisors to aid said Board in the administration of
County government; and
. WHEREAS, it is in the best interest of the citizens of the County that the
appointed members of said committees be regular in attendance in the responsible
and efficient dispatch of business coming before said committees;. and
WHEREAS, the Board of Supervisors deems it to be in the best interests of
the citizens of said County that said committee appointments be regular in
attendance for the reasons aforesaid and to that end, adopts the following policy
concerning absenteeism of committee members:
BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia,. that any committee member who is absent from
three consecutive committee meetings may have his/her appointment terminated
and. new appointee named by the Board of Supervisors as his/her replacement..
The secretary of each committee, or chairperson if there is no secretary, shall
report to the Office of the County Administrator of Isle of Wight County, Virginia
when any committee member has missed three consecutive meetings of said
committee. The matter will then be considered by the Board of Supervisors at its
next regular meeting following said notification.
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.
B. Additional RepresentationBeautification Committee
County Attorney Crook. stated pursuant to .Board direction he has
prepared a bylaw change for the Beautification Committee to increase the
Committee representatives from one (1) .member per election district to wo
(2) members per. election district. He stated the Beautification Committee
adopts the change in bylaws, .but it must be approved by the Board to take
effect.
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C. Proposed Agreement/Founders Point/ Eagle I-Iarbor School Site
County Attorney Crook stated that while the Board has a number of
closed session matters, one matter involves a legal matter requiring advice of
legal counsel resulting from negotiations and he would request that the
Board have that closed session. before considering the above matter. He
clarified that the closed session request is not on the approval of the Master
Plan, but on a related matter.
.Chairman Claud moved the Board approve the change in~.the bylaws of
the Beautification Committee to increase the membership from one (1)
member per election district to two. (2) members per election district
providing the Beautification Committee adopts the bylaws. 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 stated that he spoke recently.. with Branch Lawson
concerning his desire not to disturb- the Batten burial plots and Mr. Vincent
and Mr. Lawson has agreed to incorporate them into their plan.
Chairman Claud moved the Board enter closed session under Section
2.2-3711 A7 of the Freedom of Information Act concerning advice of legal
counsel on a legal matter requiring legal advice resulting from negotiations.
The motion was adopted with Supervisors MacManus, Bradshaw, Bradby,
Clark and Claud voting in favor of the motion (S-0) and no Supervisors
voting against the motion.
Upon returning to open session, Chairman Claud 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;
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.
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VOTE
AYES:. MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MaeManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
.Supervisors voting against the motion.
County .Attorney Crook advised that the .Founders Point/Eagle Harbor
school site issue has been negotiated on behalf of the Board with Founders
Pointe and Eagle Harbor. He stated the original agreement was $2,500 per
acre for twelve (12) acres in each development and the issue arose as to
whether Eagle Harbor was excused from that. He stated the position of the
~, School Board is that they need twenty-four (24) acres for the school site and
it is the position of the Board of Supervisors that the developers were
obligated for the twenty-four (24) acres and not just twelve (12) acres. He
stated the negotiations went from $2,500 an acre for twelve (12) acres
initially to a point where a proposed agreement has been reached relative to
the school site that (on behalf of Eagle Harbor and Founders Point) sets the
amount at $2,000 per residential lot developed for 343 lots maximum
($686,000.00) in the nature of a proffer to be paid at the time of the sale of
each lot. He stated he has a. written agreement to that. effect which he
recommends to the Board at this time.
Supervisor Bradshaw moved the Board approve the agreement
presented to the Board. 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.
D. Founders Pointe Master Plan and Development and Design
Standards
Dean. Vincent- of Gatling Pointe Parkway stated the Board requested
that he address several items, i.e., updated traffic count on Sugar Hill Road
and turning counts at the two (2) commercial businesses at the. intersection
of Sugar Hill Road .and Route 17. He stated driveway counts were
performed on a three (3) hour period: and compared to the counts performed
two (2) years ago the numbers are essentially the same. He stated
Supervisor Clark. has requested that he consider changing the timeframe of
when the widening of Sugar Hill Road takes place. He stated he .spoke with
Mr. Gray and' Mr. Lawson and they are in agreement. of doingthat in
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conjunction with the fast phase. He distributed a copyof a proposal of what
can be done to preserve Mr. Batten's grave, as well as two (2) other graves
identified within an eleven (11) foot by twenty-six (26) foot area. He stated
a non-buildable site will be created in the center that can be maintained by a
Property Owner's Association with a suggested .street name of "Batten Gourt
or Street."
Supervisor Clark inquired if Mr. Vincent. saw the- curve coming from.
the end of Sugar Hill Road toward Route 17 as a safety hazard.
Mr. Vincent stated VDOT has approved the site line .distances. He
stated a median is not being installed, rather the road is being widened to
create a left turn.. He stated the site lines in both directions are 350 feet
which more than exceeds the requirement for this type of road. ,
Supervisor Clark inquired if from Route 17 back to the `entrance to the
development would be the same width and quality as Smith Neck Road.
Mr. Vincent stated Smith Neck Road is 24 feet of pavement and the
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propose roa will be widened to that with a mmrmum two (2) foot gravel
shoulder.
Supervisor MacManus stated that Smith Neck Road has incurred
damage from truck traffic and there is no language that indicates that the
new road will not be damaged.
Mr. Vincent stated soil will not be removed from the property which
will greatly minimize the concern that trucks. may damage:-.the .road. He
stated the section of roadway being put in has to be able to handle-the full
build-out of the project so it should hold up fine.
Supervisor Clark moved the Board table final action until the Board's
February 21, 2002 meeting and that the County Attorney be prepared to
come back with a final draft as proposed by Dean Vincent tonight. 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 inquired. about the: status of the proposed
administrative fees ordinance.
County Attorney Crook advised that the ordinance has been advertised
for public hearing by.the Board at its February 21, 2002 meeting.
//
Chairman Claud called for NewBusiness.
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Chairman Claud requested that the County Administrator forward. a
copy of his letter dated February 5, 2002 to Frederick J. Custis, District
Director, Virginia Cooperative Extension, and to alllocal farm groups so
that .they are aware of the Board's support of filling the Extension Agent's
position following Bob Goerger's retirement in April, 2002.
Regarding a letter from Congressman Randy Forbes soliciting the
County's input in determining local projects in need of Federal funding in
FY2003, Supervisor MacManus moved the Board direct staff to prepare a
proposed letter to Congressman Forbes :for the Board's consideration citing
the following projects in need of funding:
transportation needs within the entire Hampton Roads area
efforts of the Town of Smithfield to acquire the Windsor Castle
property located in the Town of Smithfield
Fort Boykin erosion project
update of County water systems.
Josiah Parker grave preservation
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 Claud called for Appointments.
Supervisor Clark moved the Board appoint Mary Frances Briley to fill
the unexpired term of John .Springfield on the Blackwater Regional Library.
The motion was adopted unanimously (5-0).
County Attorney Crook stated the Board of Building Code Appeals
attempted to hold a meeting last night, but did. not have a quorum. He stated
the problem is that the Board only meets when. there. is an appeal which is
once every five (5) or six (6) years. He stated there is one (1) member from
each election district and he would suggest that the Board consider
appointing more members to the Board, as well as alternates, so that when a
meeting is called there will be alternates to call upon.
Supervisor Bradshaw moved the- Board authorize the County Attorney
to come back to the Board with a recommendation on the makeup of the
Board of Building Code Appeals.. 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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Supervisor MacManus requested staff and the County Attorney to
verify the prior reappointment of Gayle B. Brown on the Board of Zoning
Appeals. County Attorney Crook stated the Circuit Court had appointed
Ms. Brown as recommended by the Board of Supervisors.
//
County Administrator Casket' requested a closed session under
Section 2.2-3711 Al of the Freedom of Information Act concerning two (2)
personnel matters.
County Attorney Crook requested aclosed session under Section.2.2-
3711 A of the Freedom of Information Act concerning two (2) matters of
litigation for advice of counsel and under Section 2.2-3711 A 1 concerning a
personnel matter.
Supervisor Bradshaw requested a closed session under Section 2.2-
3711 Al of the Freedom of Information Act concerning two (2) personnel
matters.
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.
Upon returning from closed session, Supervisor Bradshaw moved the"
:Board adopt the following resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
.this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.2-3712D of the Code of Virginia requires a certification
by thin 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
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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. .
//
At 6:00 p.m., Supervisor Clark moved the Board .adjourn. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (S-0) and- no Supervisors. voting against the
motion.
Robert C. Claud, Sr. Chairman
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