07-09-2002 Regular Meeting90nM ~~. '~~i7
REGULAR ),VfEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINTH DAY OF JULY 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 Caskey, 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 6:00 p.m. The {
invocation was delivered by Supervisor MacManus.
The Pledge of Allegiance was conducted.
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Chairman Claud called for Special Presentations.
Matt Favre, Director of Operations, Charter Communications
Company, briefed the Board on the status of the cable- rebuild in the County,
as well as pending rate increases applicable to Charter customers.. He stated
.high speed data service is now available in most areas of the County except
for the Battery Park and Rescue areas. He noted there is a design issue in
those areas that needs to be worked out and which should be rectified
shortly.
Supervisor Clark requested Mr. Favre contact Nancy Modlin and
address her cable concerns.
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Chairman Claud indicated the following Consent Agenda included
Items. 2, A through D, and asked if there were any items for removal:
A. Delinquent Real Estate Tax Collection Monthly Report
B. Action List Status Update
C. May 30, 2002 Special Meeting Minutes
D. June 6, 2002 Regular Meeting Minutes
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Chairman Claud moved the Board .approve and adopt all items on the
Consent .Agenda with a correction to the May 30, 2002 Special Meeting
Minutes to delete the word "attorney" before the name of Jimmy Eason in
the third paragraph on Page 7 and correct the June 6, 2002 Regular Meeting
Minutes to change the (10) to (1) in the first paragraph on Page 21. 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.
Chairman Claud reported that the Hampton Roads Partnership held its
meeting on June 21, 2002 and discussed the Workforce Development Plan
and the Transportation Referendum that is coming up on November 5, 2002.
He stated several committees have been formed to raise funds for the
Transportation Referendum to include a .committee entitled "Committee to
Reduce Traffic Congestion" that will. be soliciting funds from private-
sources. whose names will be listed publicly.. He noted that 90% of Mr.
Eason's time, as well as his assistant, would be paid by corporate funding.
He stated a briefing book regarding. traffic congestion in the area and what
the six (6) projects will do would be circulated next week.
Chairman Claud reported the Mayors and Chairs Caucus meeting was
held on June 28, 2002 in York County. He noted the incoming Chairman
would be Jeanne Zeidler from Williamsburg. He reported how localities will
be handling the Transportation Referendum was discussed.
Chairman Claud reported that the Hampton Roads Planning District
Commission did not meet in June.
Chairman. Claud reported that Supervisor Clark was elected as the new
Chairman of the Western Tidewater Regional Jail Authority.
Chairman Claud reported that the Western Tidewater Water Authority
is continuing to work with HRSD.
Chairman -Claud reported .that the Coalition of High .Growth
Communities' scope and mission statement is being expanded to include
more land use issues.-
~ Supervisor MacManus reported that the benefits of recycling were
discussed, as well as the cost impact, at the Southeastern Public Service
Authority meeting. He stated the general consensus was that there is a need
for continued emphasis on recycling for environmental benefits.
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Chairman Claud called for Transportation Matters.
James Randolph, Planner, reported regarding the Route 460 drainage
project in Zuni, VDOT has prepared .information advising that on July 15,
2002 Fire Tower Road will be closed so that an additional 48" drainpipe is~
installed. He stated VDOT will then move to Route 460 and reduce travel to
one (1) lane in each direction which may result in some traffic delays.
Supervisor Bradshaw requested flyers be posted at Kitchen's Service:
Station and the Zuni Post .Office, as .well as in the churches in the.
community.
Mr. Randolph reported the Rescue Bridge replacement. will begin this
.month and a section of Route 704 between Warwick Street and Center Street
.will be closed. He stated there is an eighteen (18) months contract limit on
this project which should be completed by January, 2004.
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Mr. Randolph distributed to the Board for information a letter. from the
Assistant Resident Engineer dated July 3, 2002 pertaining to the completion
of pavement marking on Route 681 (Raynor Road) and Route 626 (Mill
Swamp Road).
Supervisor Bradshaw requested immediate attention be given to
Whispering Pines Trail.
MacFarland Neblett, VDOT Resident Engineer, stated VDOT is in the
process of taking care of unpaved roads.
Supervisor Bradby requested appropriate steps. be taken to initiate
ditch work on Route 624.
Mr. Randolph stated the environmental permits have been secured for
this project and VDOT has indicated while it can not do the entire ditch line, i
what is there. can be improved. He stated once the environmental permits
are issued, VDOT could begin the. work within two (2) to four (4) weeks.
Regarding the Rural Addition Program, Chairman .Claud moved the
Board direct staff to provide its recommendation to the Board as to how to
handle related utility relocations .prior to the time they come in through the
County for VDOT to take. such roadways over and with the understanding if
the Board adopted anything concerning this matter the six (6} existing roads
would be grandfathered. 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 Citizens Comments.
Grace Keen, on behalf of the. Isle of Wight Citizens Association,
thanked the County Attorney for his years of service to the Board. She also
requested the Board recognize citizens who are ninety (90) or more years in
age by bringing these people together once a year. so that they can visit old
friends.
Supervisor Clark suggested the County could do something to
.recognize these citizens in conjunction with the County Fair.
Marjorie Keeling, representing the Boykins Tavern Advisory
Committee, requested the Board consider certain facts before making a final
decision to utilize the upstairs rooms in Boykin's Tavern for office space for
the County Attorney. She cited the Committee's concerns with security,
theft and .the vulnerability of the floors, steps and walls of the. building. She
noted it is recommended staff be present when a docent is not on duty. She
expressed concerns with damage or theft to furniture on loan and the
installation of receptacles, phone jacks and wiring necessary for equipment
needed to maintain offices will destroy walls and baseboards. She stated
there are plans to interpret the two (2) front bedrooms upstairs as
guestrooms and the back bedroom as a classroom, as well as the need to
complete the archeological digs required by the Department of Historical
Resources.
Chairman Claud stated the County is very limited for space at the
Courthouse complex and only through necessity did the Board consider
utilization of Boykin's Tavern for office space.
Angelia Miller, Habitat for Humanity, invited the Board to participate
in a golf tournament on August 9, 2002. She further requested the County
sponsor a team through a monetary donation.
.Randy Green, Pastor of Harvest Fellowship, encouraged the Board to
approve the request of Isle of Wight Materials Company, Inc., listed under
the Community Development section of the agenda to install a 4' by 8'
panel in an existing pylon sign at 14526 Benn's Church Boulevard.
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Chairmam Claud called for the County Attorney's report.
County Attorney Crook distributed a copy of the -YMCA lease. He
stated the Board may wish to have some time to review it before acting on it.
He stated the proposal is to renew the lease and extend it unti1.2052. He
stated the rental is the value of the land utilized at the tax rate that is in
effect.
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Chairman Claud requested the County .Attorney include the YMCA
lease on the Board's agenda for August 6, 2002 to allow the Board
additional time to review it.
County Attorney Crook distributed a copy of the Children's Center
lease. He stated he made a change in the language concerning the rental
being the .land utilized at the tax rate for the land itself and the lease has now
been signed by representatives of the Children's Center and needs to be
approved again by the Board.
Supervisor Clark moved the Board approve the Children's. Center
-lease and authorize the Chairman to sign it on behalf of the. County. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) .and no Supervisors voting
against the motion.
County Attorney Crook explained the Board had previously approved {
the Hall lease for the Health Department, however, it was not signed by the
Chairman at that time and needs his signature.
Regarding the letter of the City Manager of Virginia Beach regarding
the Lake Gaston project, County Attorney Crook stated there is no time limit '
placed on the County's participation in the 60,000,000 gallons where it was
agreed the County reserved 1,000,000 gallons and the County would
participate and reimburse the City of Virginia Beach a proportionate share
of the cost. He stated the City of Virginia Beach had tried to get the County
to exercise that option in 1,997 and the County Attorney corresponded to the
City of Virginia Beach at that time. He stated the County's reserved
1,000,000 gallons of water has since been turned over to the .Western
Tidewater Water Authority as a resource and it would be their decision to
elect. to utilize the water or continue to hold. it in reserve. He stated the City
Manager of Virginia Beach is now writing a letter to the County as if there
had been no correspondence in 1997 and, further, they want the County to
consider paying back the $3,000,000 that the -City of Virginia Beach paid
the County to carry the water through -the County using the County's
resources. He suggested the Board correspond to the letter from the City of
Virginia Beach and set the record straight:
Supervisor Bradshaw moved the Board direct the .County Attorney to
correspond with the Virginia Beach City Manager based on his comments
tonight on the Virginia Beach/Lake Gaston Waterline. The .motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in .favor of the motion (5-0) and no Supervisors voting against the
motion.
.County Attorney Crook stated he had a report. for the Board in closed
session later in the meeting concerning litigation matters.
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Chairman Claud called for the Community Development Report.
Jonathan W. Hartley, Director of Planning and Zoning, presented the
request of Isle of Wight County for renovation. and expansion of the existing
arcade (front entrance) at the Courts Building on the Courthouse Complex at s
17110 Courthouse Highway, Isle of Wight, which i$ located in the
Courthouse Historic. District. He stated the Historical Architectural Review
Committee met on July 3, 2002 and voted unanimously to recommend
approval to the Board.
Supervisor MacManus moved the Board accept the recommendation
of the Historic Architectural Review Committee and approve the request of
Isle of Wight .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.
Mr. Hartley presented the request of Isle of Wight Materials Company,
Inc. to install a 4' by 8' panel in an existing pylon sign at 1452b Benn's
Church Boulevard, Smithfield in the Windsor Election District which is
located in the St. Luke's Historic District. He stated the Historical
Architectural Review Committee met on July 3, 2002 and voted
unanimously to recommend approval to the Board.
Chairman Claud moved the Board accept the recommendation of the
Historic Architectural Review Committee and approve the request of Isle of
Wight- Materials Company, Inc. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Mr. Hartley. stated the County has received a grant in the amount of
$51,000 to perform work on the Tyler's Beach Boat Harbor bulkhead. He
stated the Corps of Engineers has suggested because there was not sufficient
material which could be used for that dredging project, nor was it the correct
kind of material, that the County switch authorization to another program,
Section 206 of the Water Resources Development Act. He stated the project
began in an attempt to repair the bulkhead, but the Corps of Engineers has
advised that none of its funding can be used to repair or replace the
bulkhead. He stated staff has discussed with the Department of
Conservation Resources (DCR) that some. of their funds could possibly be
used although he does not have this in writing at this time. He stated there
is also a question with the ownership of the property as the fringe marsh that
is proposed includes portions of land that the County only has a partial
interest and does not have full ownership. He stated the Corps of Engineers
has developed preliminary funding estimates which exceed the County's
resources and the County's intent is that the project would cost the County
no money and that DCR funds would be used to leverage Corps. of Engineers
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funds to repair the bulkhead and install a fringe marsh. He stated the
County's time and administrative costs appear to be increasing and staff has
yet to receive a firm estimate from the Corps of Engineers on what the total
costs are and a firm commitment from DCR on whether or not their funds
can be used to repair the bulkhead. He stated staff did get an independent
estimate of $18,000 to $20,000 from a contractor on the cost to build a new
bulkhead in front of the existing bulkhead.. He recommended the Board not
take any action until staff gets a complete estimate from the .Corps., of
Engineers on what the total cost will be.
The Board noted it would not take action until an estimate of the total
cost is received from the Corps of Engineers.
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Chairman Claud called for the Public Utilities Report.
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E. Wayne Rountree, P.E., Director of Public Utilities, updated the
Board on the Consent Orders received for the County's fluoride violations.
He stated staff has written the State Health Department to request sixty (60)
days extension and received verbal word from them they would look with
favor .upon the County's request for an extension.. He recommended the
Board authorize .the necessary engineering and construction of a test well at
the Smithfield Heights/Sandy Mount .Subdivision well systems. He stated
the engineer's estimate on the test well is approximately $105,000 and the
engineering and construction of the test well can be done within the funds
allocated in the County's current Capital Budget.
Chairman Claud moved the Board direct staff to come back to the
Board at its August 6, 2002 meeting with an engineering service contract
which better defines the scope of work for a test. well at Smithfield Heights.
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 stated bids were received on June 20, 2002 for -the
offsite water and sewer and the onsite sewage pumping station .for the
Shirley T. Holland Commerce Park, Phase 2. He stated the low bid was
submitted by Tidewater Utility Construction, Inc. in the amount of
$678,381.63. He stated funds have been budgeted and he would
recommend the Board approve the contract and authorize the Chairman to
sign the contract after review and approval by staff and the County Attorney.
Supervisor Bradshaw moved the Board approve the low bid of
Tidewater Utility Construction, Inc. in the amount of $68,381.63 and
• authorize the Chairman to sign the construction contract documents after
review and approval by staff and the County Attorney. The. motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
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voting in favor of the. motion (5-0) and no Supervisors .voting against the
.motion.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order
of the agenda in order to conduct the public hearings.. The motion was
adopted unanimously (5-0). ,,
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Chairman Claud called for a public hearing on the following:
A. Proposed FY2002-2008 Six-Year Plan for Secondary Roads and
the Proposed Secondary Roads Budget for FY 2002-2003
Chairman Claud called for persons to speak in favor of or in
.opposition to the proposed Budget.
Mr. Neblett stated he would answer any questions of the Board.
Chairman. Claud inquired why there are no funds shown during the six
(6) year period for Blue Ridge Trail. because there are. funds allocated for the
next priority, Sandy Ridge Trail
Mr. Neblett stated. VDOT was able to fund with help from the County
with revenue sharing funds on Blue Ridge Trail so that project is funded.
Supervisor Bradshaw inquired when construction would begin on
Pruden Road.
Mr. Neblett stated Pruden Road would be advertised in November,
2002.
Supervisor Bradshaw stated the project is approximately one (1) year
behind schedule and he would recommend. another citizens meeting be held
to inform the citizens of thestatus of the project.
Chairman Claud closed the public hearing and called for .comments
from the Board.
Supervisor Clark moved the Board adopt the Resolution Approving
the Isle of Wight County 2002-2008 Secondary Six Year Improvement
Priority Plan and Fiscal Year.2002-2003 Secondary Construction Budget.
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 a public hearing on the following:
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B. The application of Maurice A. Rhodes for a change in zoning
classification from RAC to Conditional Rural Residential of 12.6
acres of land located on the west side of Ballard Road (Route
614) south of its intersection with Walters Highway (Route 258)
in the Carrsville Election District. The purpose of the
.application is for three (3) single-family residential. lots, as
conditioned.
Chairman Claud called for persons to speak in favor of or in
opposition to the application..
Durwood Scott, representing the applicant Maurice A. Rhodes who he
stated is ill and unable to attend the public hearing, stated the application
was considered by the Board and approved last year. He stated Mr. Rhodes
failed to record his approved plat within the six (6) months period as
required by the Ordinance and he now going back through the process and
. requesting the Board's approval of the application.
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Chairman Claud closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board approve the ..application of
Maurice A. Rhodes. The motion was adopted with Supervisors Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (4-1) and
Supervisor MacManus voting against the motion. {
Chairman Claud called for a public hearing on the following:
C. The application of Isle of Wight County Department of Parks &
Recreation to hold the "2002 Isle of Wight County Fair" on
Thursday, September 12, 2002 through Sunday, September l5,
2002 on 43.9 -acres of land adjoining the Courthouse Complex
which is located on the. west side of Courthouse Highway (Route
-258) in Windsor Election District.
Mr. Hartley reported the Planning Commi$sion, at its meeting- earlier
today, voted to recommend approval to the Board.
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Chairman Claud called for persons to speak in favor of or in
opposition to the proposed application.
George Kindred, Parks and Recreations Department, requested the
Board approve. the application.
Chairman Claud closed the public hearing and called. for comments
from the Board.
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.Supervisor Bradshaw moved the. Board approve the application of Isle
of Wight 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.
Chairman Claud called for a public hearing on the following:
D. _An Ordinance to Impose. a Processing Fee for Persons Admitted
to Jail
County Attorney Crook stated the proposed. ordinance is due to action
of the General Assembly this year to authorize counties and cities to add a
processing fee as a part of the court costs for a person that. is admitted to jail.
He stated a fee of $25 is proposed to help offset the cost of processing
prisoners.
Chairman Claud called for .persons to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one speaking, Chairman Claud closed the public hearing and
called for comments from the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN ORDINANCE TO IMPOSE A PROCESSING FEE
FOR PERSONS ADMITTED TO JAIL
WHEREAS, the General Assembly of Virginia by an Act embodied in
.Section. 5.2-1613.1 of the Code of Virginia (1950), as amended, has
provided that the governing .body of any county is authorized to impose a
processing fee on any individual admitted to a county or regional jail
following conviction to be a part of court costs collected by the clerk to be
used by the local Sheriffls Office to defray the costs of processing arrested
persons into local or regional jails; and
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interests of the citizens of Isle of Wight
County to help defray the costs of the local Sheriff s Office of processing
arrested persons into local or regional jails by assessing such sum as part of
the costs upon conviction to be paid to the Treasurer of Isle of Wight County
and held by said Treasurer subject to appropriation by the governing body to
the Sheriff's Office to defray the costs of processing arrested persons into
county or regional jail.
NOW, THEREFORE,. BE IT AND IT IS hereby ordained by the Board
of Supervisors. of Isle of Wight County, Virginia that there is hereby
imposed a processing fee of Twenty-Five Dollars ($25.00) on any individual
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admitted to a county or regional jail following conviction to be assessed as
part of the court costs.
The fees shall be collected by the clerk of the court in which the case
is heard, remitted to the Treasurer of the Countyof Isle of Wight and held by
said Treasurer subject to .appropriation by the governing body to the
SherifFs Office to defray the costs. of processing arrested persons into local
or regional jails.
The motion .was adopted with Supervisors MacManus, Bradb~,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) -and no
Supervisors voting against the motion.
Chairman Claud called for a public hearing on the following:
E. An Ordinance to Approve Isle of Wight County Entering into the
Virginia Energy Purchasing Governmental Association for the
Joint Procurement of Energy Services
Anne F. Seward, Director of Budget and Finance, stated the .proposed
-0rdinance will allow the- County to become a member of the Virginia
Energy Purchasing Governmental Association to publicly .procure for
services along with other jurisdictions in .Virginia to provide the most cost
advantage options to taxpayers.
County Attorney Crook advised he did review the proposed
agreements and believes they are well written.
Chairman Claud called for persons to speak in favor of or in
opposition to the proposed ordinance.
Upon no one speaking, Chairman Claud closed the public hearing and
called for comments from the Board.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN ORDINANCE TO APPROVE ISLE OF WIGHT
. COUNTY ENTERING INTO THE VIRGINIA
ENERGY PURCHASING GOVERNMENTAL ASSOCIATION
FOR THE JOINT PROCUREMENT OF ENERGY SERVICES
WHEREAS, the VML/VACo Virginia Power Steering Committee (the
"Committee"), composed of representatives of the .County of Isle of Wight
and other local governments and political subdivisions of the
Commonwealth, has for over several decades negotiated on behalf of such
governmental units a standard form contract for their purchase of electricity
supply and delivery service from Virginia Electric and Power Company
("Virginia Power") as a sole source provider; and
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WHEREAS, political subdivisions of the Commonwealth of Virginia
are authorized under Virginia law to exercise jointly powers that they
otherwise are authorized to exercise .independently, and the terms and
conditions of such authorization are currently set forth in Chapter 13, Article
l., Sections 15.2-1300, et seq. of the Virginia Code (the "Joint Powers
Act"); and
WHEREAS, the Virginia Electric Utility. Restructuring Act (the
"Restructuring Act") further authorizes municipalities and other political
subdivisions in the Commonwealth to aggregate their electricity supply
requirements for the purpose of their joint purchase of such requirements
from licensed suppliers, and the Restructuring Act provides that such
aggregation shall not require licensure; and
WHEREAS, the Virginia Public Procurement Act (the "Procurement
Act") exempts .from its competitive sealed bidding and competitive
negotiation requirements (the "Requirements") the joint procurement by
public bodies, utilizing competitive principles, of electric utility services
purchased through member associations under the conditions set forth in the
Procurement Act; and
WHEREAS, the Committee recommends that the aggregation and
procurement. of electric supply, electric delivery, and other energy-related
services ("Energy Services") be effectuated as provided in the Joint. Powers
Association Agreement, a copy of which is attached to and made part of this
Ordinance (the. "Joint Powers Agreement"), in accordance with .applicable
provisions of the Procurement Act, such as the utilization. of competitive
principles pursuant to an exemption from the. Requirements; and
WHEREAS, the Committee also recommends that the other services
provided by the Committee to its members be effectuated as provided in the
Joint Powers Agreement, with such services consisting of (i) assistance in
implementing standard form contracts for the purchase of services from
incumbent electricity utilities, (ii) education of members regarding
electricity procurement issues, (iii) monitoring of legal and regulatory
developments affecting the provision of electricity service to local
governments, and (iv) hiring of consultants and legal counsel to assist in its
provisions of the foregoing services ("Steering Committee Services").
WHEREAS, it appearing to the Board of Supervisors of Isle of Wight
County that the joint procurement of the Energy Services pursuant to the
Joint Powers Agreement and the provision of Steering Committee Services
pursuant to the Joint. Powers Agreement is otherwise in the best interests of
Isle of Wight County.
NOW, THEREFORE, BE IT HEREBY ORDAINED that:
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(1) Competitive sealed bidding and competitive negotiation for the
procurement of Energy Services are not fiscally advantageous to the public
because the procurement process for .Energy Services must be flexible
enough to respond quickly changing market conditions in which energy
prices can fluctuate considerably on a daily or even hourly basis.
(2) The aggregation and joint procurement of the Energy Services
pursuant to the Joint Powers Agreement is hereby approved.
(3) The provision of Steering Committee,. Services pursuant to the
Joint Powers Agreement is hereby approved.
(4) The Joint Powers Agreement and the performance of the terms
and conditions thereof on behalf of Isle of Wight County are hereby
authorized and approved.
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(5) The Chairman of the Board of Supervisors is hereby authorized
and directed to executz and deliver the Joint Powers Agreement on behalf of
Isle of Wight County in substantially the form presented to this meeting.
(6) The payment obligations of Isle of Wight County pursuant to the
provisions hereof and the Joint Powers Agreement shall be subject to annual
appropriation of requisite funds therefore by the Board of Supervisors.
(7) This Ordinance shall take effect immediately upon its adoption.
The motion was adopted with Supervisors Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (4-0); no Supervisors voting against
the motion; and, Supervisor MacManus abstaining from voting on the
Ordinance.
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Supervisor Bradshaw moved the Board return to the regular order of
the- agenda. The motion was adopted unanimously (5-0).
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Chairman Claud called for the Economic Development Report.
Patrick J. Small, Director of Economic Development, presented a
renewal contract for advertising services with Waters. Advertising for an
additional year for the Board's consideration.
Supervisor MacManus moved the Board authorize the County
Administrator to sign the. attached letter regarding the contract renewal. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
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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.
County Administrator Caskey presented. the amended Bylaws of the
Emergency Communications Center Board of Directors for the Board's
consideration. He recommended approval of the Bylaws to the Board.
Supervisor. Clark moved the Board .authorize the Chairman to execute
the amended bylaws on behalf of 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.
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Chairman Claud called for the County .Administrator's report.
Mrs. Seward presented a Resolution to Appropriate $461,500 From
the General Fund Capital Budget to the Industrial Development Authority
for the IDA to complete work on the Shirley T. Holland Commerce Park,
Phase 2.
Supervisor Bradshaw moved the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FOUR HUNDRED SIXTY-ONE
THOUSAND FIVE HUNDRED DOLLARS FROM THE GENERAL FUND
CAPITAL BUDGET TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY
WHEREAS, the Board. of Supervisors of the County of Isle of Wight,
Virginia has approved a contribution to the Industrial Development
Authority to be used to enhance economic development within the County
of Isle of Wight, Virginia; and,
WHEREAS, the. funds in the amount of four hundred sixty-one
thousand five hundred dollars ($461,500) needs to be appropriated to the
appropriate line item in the 2001-02 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 the
sum of four hundred sixty-one thousand five hundred dollars ($461,500) for
the enhancement of economic development within the County of Isle of
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Wight, Virginia be appropriated to the 2001-02 Industrial Development
Authority Operating Budget of the County of Isle of Wight, Virginia.
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.
Mrs. Debbie J. Sivertson, Administrative Analyst, stated the County
has entered into a dredge materials management plan with the Corps of
Engineers to review a long-term perspective for Tyler's Beach for
maintenance dredging. She stated included in the Board's agenda is Phase.
I, which is to look at an analysis and conclusion if there is a potential upland
.site available. She stated staff is going to evaluate the Corps of Engineer's
criteria and then offer any practical, logistical, political or other criteria-staff
may have. She stated once it is determined that an upland site is available,
the County may review the feasibility of entering into a cost%share agreement
with the Corps of Engineers for construction of an upland disposal site. She
stated should an upland site not be available, the Corps of Engineers will
then assist the County with other alternatives to finding a disposal site.
Sherri A. Bush, Emergency Communications Center Director,
presented a Resolution to Submit an Application to the Virginia-Department.
of Criminal Justice Service and to Accept and Appropriate Grant Program
Funds. She advised that the grant is a one (1) time data sharing grant in the
amount of $5,000 and requires no local matching funds.
Chairman Claud moved the Board adopt the following Resolution:
RESOLUTION TO SUBMIT AN APPLICATION TO THE VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO ACCEPT
AND APPROPRIATE GRANT PROGRAM FUNDS
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,...
Virginia has approved the grant application to the Commonwealth of
Virginia, Department of Criminal Justice Services for a multi jurisdictional
data sharing grant to be used to promote a centralized emergency dispatch.
service; and,
WHEREAS, the funds in the amount of five- thousand dollars
($5,000.00) or so much as shall be received from the Virginia Department of
Criminal Justice Services .needs to be appropriated to the appropriate line
item in the FY 2002-03 E911 Operating Budget of the County of Isle of
Wight,. Virginia..
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that five
thousand dollars ($5,000.00) or so much as shall be received from the
Virginia Department of Criminal Justice .Services be appropriated to the
appropriate line item in the FY 2002-03 E911 Operating Budget of the
County of Isle of Wight, Virginia.
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 (S-0) and no
Supervisors voting against the motion.
County Administrator Caskey noted that a recent edition of Virginia
Business contained various articles on smart growth and how to deal with
cellular towers which has a direct relationship with what the County is
currently experiencing.
County Administrator Caskey presented a Resolution Expressing
Support for the Pledge of Allegiance prepared by staff as a result of the
recent court ruling in California which expresses the Board's sentiment
relative to the importance of the Pledge of Allegiance to this County and the
nation as a whole.
Supervisor Bradshaw moved the Board adopt the following Resolution
upon the review of the County Attorney and directed staff to notify
Congressional members and members of the .General Assembly of its
adoption by the County:
RESOLUTION EXPRESSING SUPPORT FOR THE
PLEDGE OF ALLEGIANCE
WHEREAS, this .country was founded on religious freedom by
founders, many of whom were deeply religious; and,
WHEREAS, the First Amendment to the Constitution embodies
principles intended to guarantee freedom of religion both through the free
exercise thereof and by prohibiting the government from establishing a
religion; and,
WHEREAS, the Pledge of Allegiance was written by Francis Belay, a
Baptist Minister, and first published in the September 8, 1892, issue of the
Youth's Companion; and,
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WHEREAS, Congress in 1954 added the words "under God" to the
Pledge of Allegiance; and,
WHEREAS, the Pledge of Allegiance has for almost 50 years included
references to the U.S. flag, the country, to our country having been
established as a union -under God and to this country being dedicated. to
securing liberty and justice for all; and,
WHEREAS, the Congress in 1954 believed it was acting
constitutionally when it revised the Pledge of Allegiance; and,
WHEREAS, this Board of Supervisors of the County of Isle of Wight,
Virginia, believes that the Pledge of Allegiance is not an unconstitutional
expression of patriotism• and
WHEREAS, .patriotic.. songs, engravings on U.S. legal tender,
engravings on Federal buildings also contain general references to God; and,
WHEREAS, in accordance with decisions of the U.S. Supreme Court,
public school students cannot be required to recite the Pledge of Allegiance
without violating their First Amendment rights; and,
WHEREAS, the Congress expects that the U.S. Court of Appeals for
the Ninth Circuit will rehear the case of Newdow v. U.S. Congress, en banc.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Board of Supervisors strongly disapproves of the Ninth Circuit
Decision in Newdow v. U.S. Congress and requests. its Congressional
representatives and the President of the United States to do all things
necessary to defend the constitutionality of the Pledge of Allegiance.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Bradshaw requested the County Attorney draft the
appropriate language and forward to the appropriate courts on behalf of the
County.
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Chairman Claud called for Old Business.
Supervisor Clark thanked Mr. Neblett for VDOT's efforts in having
the ditch along Smith's Neck Road cleaned.
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Chairman Claud called for New Business.
Supervisor Bradby reported the Director of Parks and Recreation has
agreed to accept the recommendation of the Tyler's Beach Boat Harbor
Committee to dissolve and turn the issue of Tyler's Beach over to the
Department of Parks and Recreation.
Supervisor Bradby moved the Board direct the County Attorney to
take appropriate action to dissolve -the Tyler's Beach Boat Harbor
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.
Supervisor Clark inquired about the status of the issue with the
Carrollton Volunteer Fire :Department.
County Attorney Crook reported the .Planning Commission
.recommends approval of a variance on the building being located within the
Highway Corridor Overlay District. He .stated 1VIr. Childress has shown him
a plan which designates which trees will be cut down and which trees will
remain. He stated he now. will make an appointment with the lumber man
• about the cutting of the timber.
Supervisor Clark stated he had previously requested Mr. Hartley
provide certain information regarding 100 .foot buffer variances which were
approved administratively. He stated he has met with Mr. Hartley and
determined that his request for information would be too time consuming
and he has, therefore, agreed to withdraw his request.
Supervisor Clark moved Mr. Hartley not be required to provide. the
information requested by him previously concerning the 100 foot buffer
variances which have been approved administratively. 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 Claud noted there would be extensive data being circulated
on the upcoming Transportation Referendum and he would suggest the
• Board set a work session prior to a regular meeting to discuss the details of
the Referendum and various other issues relative to the Coalition of High
Growth Communities.
Supervisor Bradshaw moved the Board change its meeting scheduled
for August 1, 2002 at 2:00 p.m. to August 6, 2002 at 12:30 p.m. for a work
.session.. with the regular. meeting to begin at 2:00 p.m. The topics of
discussion for .such .work session are the Transportation Referendum and
various items discussed at the recent Coalition of High Growth
Communities meeting. The motion was adopted with Supervisors
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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 information presented to the Board
tonight by the Boykins Tavern Advisory Committee regarding the utilization
of office space by the County Attorney be reviewed by the County
Administrator and .staff. 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 take appropriate action for the County to make a monetary
contribution to Habitat for Humanity, not to exceed $250. 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..
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Supervisor Bradby moved the Board nominate Brandon White to the
Circuit Court for appointment to represent the Hardy District on the Board
of Equalization. The motion was adopted unanimously.
Chairman Claud moved the Board appoint Ernestine Turner,
representing the Windsor District on the Commission on Aging. The.
motion was adopted unanimously (5-0)
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County Attorney Crook requested a closed session under. Section 2.2-
3711 A7 of the Freedom of Information Act concerning advice of counsel on
actual litigation matters.
Supervisor Bradshaw requested a closed session under Section 2.2-
3711 A 1 of the Freedom of Information Act concerning 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 to open session, Supervisor Bradshaw moved the
Board adopt the following resolution:
CERTIFICATION OF CLOSED MEETING
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WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant. to an aff rmative 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.
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 Clark moved regarding litigation discussed in .closed
session the Board authorize the :County Attorney to endorse the final orders
subject to the changes recommended 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.
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Supervisor Bradshaw moved the. Board continue .its meeting until July
29, 2002 at 4:00 p.m. for the purpose of discussing matters in closed
session. 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. ~~~~C .C~~%~%~-
Robert C. Claud, Sr., Chairman
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