08-06-2002 Regular Meeting
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REGULAR MEETING OF THE .ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTH DAY OF AUGUST 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 2:00 p.m. The .
invocation was delivered by Supervisor Bradby. .
The Pledge. of Allegiance was conducted.
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Chairman Claud called for Special Presentations.
Skip James, .Technical .Manager .with Charter Communications,
provided the Board with a status report of the cable rebuild in the County.
Supervisor Bradshaw moved. the Board allow citizens to speak during
this period of the agenda and direct .their questions to the Charter
representative. The motion was adopted unanimously (5-0).
Pat Clark of Twin Hill Lane advised he no longer receives CNBC and
Fox since the switch to the new channels and he was not notified by Charter
he would not be receiving these channels.
Mr. James stated Mr. Clark's problem would be addressed first thing
in the morning. He advised Charter simply needs to remove the "trap" to
allow the Fox channel to come through.
Nancy Guill of Rescue stated a resident of Twin Hill. Lane is also not
.receiving HBO and the weather channel since the switch occurred.
Mr. James explained HBO is now on a higher channel than the highest
channel received before the rebuild and Charter is in the process of
installing a box which will deliver these higher premium channels to
customers. He stated this should be resolved within the next two (2) weeks.
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Supervisor Clark inquired how Charter intended to notify customers
what would be on each channel.
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Mr. James replied upon the rebuild being completed, door-to-door
materials would be distributed to .customers and Charter marketing
representatives would attempt to reach each customer to inform them of the
new channels.
County Administrator Caskey noted the first item under his section of
the agenda pertains to computer-aided dispatch and record management
related to the Emergency Communications. Center aild activities of the
Board of Directors. He further noted both Sheriff Phelps and Chief Marshal
were present should the Board wish to consider this item at this time.
Supervisor Bradshaw moved the. Board consider the first item under
the County Administrator's section. The motion was adopted unanimously
(5-0).
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A. .Resolution to Appropriate $225,000 From the E-911 Fund
Balance for the Purchase of a Computer Aided Dispatch and
Records Management System
Sherri. A. Bush, Emergency Communications Center Director, stated a
consolidated center could only be accomplished by utilizing one (1)
computer aided dispatch system and, one (1) records management system.
She stated the Town of Smithfield is providing the County with products it
currently uses which can be built upon and which is the most cost effective
way to proceed. She stated the CAD system feeds the records management
system and, in order for the Town of Smithfield Police Department and the
Isle of Wight County SherifFs Office to share data, they must be on the
same system.
Supervisor Bradshaw inquired as to the anticipated life span of the
system.
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Mrs. Bush replied the system is currently more than what is needed at
this time and should. carry the County into the future for a number of years.
She stated this product receives upgrades constantly to accommodate future
needs., She stated some upgrades are automatic and .provided at no cost
while the cost of others would depend on how the program would be
affected.
Chairman Claud suggested the Board include in the Resolution an
amount not to exceed $225,000.
Supervisor Clark moved the Board adopt the following Resolution, as
amended to reflect not. to exceed $225,000:
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RESOLUTION TO APPROPRIATE NOT TO EXCEED TWO HUNDRED
TWENTY FIVE THOUSAND DOLLARS FROM THE E-911 FUND
BALANCE FOR THE PURCHASE OF A COMPUTER AIDED
DISPATCH AND RECORDS MANAGEMENT SYSTEM
WHEREAS, the Town of Smithfield has. willingly provided existing
Computer Aided Dispatch and Records Management S}cstems software to
the consolidated Emergency Communications Center; and,
WHEREAS, the Town of Smithfield has made the significant
investment of approximately three hundred thousand dollars toward these
systems from which the County will benefit .from .the contribution of
.approximately -half of .the software necessary to consolidate emergency
services in Isle of Wight County; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has accepted this contribution and has approved the upgrade of the
Computer Aided Dispatch and Records Management System -for use in the
Central Dispatch Center to promote a .centralized emergency dispatch
service; and,
WHEREAS, the .funds in the amount of not to exceed .two hundred
twenty five thousand dollars needs to be appropriated from the FY 2002-03
E911 Operating Budget Fund Balance 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 not to
exceed two hundred twenty five thousand dollars be appropriated from the
FY 2002-03 E911 Operating Budget Fund Balance 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.
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Supervisor Bradshaw moved the Board revert to the regular order of
the agenda. The motion was adopted unanimously (5-0).
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Chairman Claud indicated the following Consent Agenda included
Items 2, A through I, and asked if there were any items for removal:
A. Final Subdivision Plat of Wrenn's -Mille Estates Section 4B,
Property of Wrenn's Mill Partnership, Hardy Magisterial
District, Tax parcel No.(s) 13D-03-1,2,3,4
B. Withdrawal of Smithfield Commons Rezoning Application
C. Action List Status Update
D. Voting Precinct Improvements
E. Large Water User Rate Discount
F. 2002-2003 Isle of Wight County Informational Brochures
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G. June 20, 2002 Regular Meeting Minutes
H. .July 9, 2002 Continued Meeting Minutes
I. July 9, 2002 Regular Meeting Minutes
Supervisor Bradshaw moved the Board remove Item "A" and adopt
the remaining items in 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.
Referring to Item "A" under the Consent Agenda, .Supervisor
Bradshaw inquired if the Public Utilities Department's recommendation for
the developer to examine the use of copper setters with check valves due to
the new regulations on back flow prevention was ever implemented.
James Randolph, Planner, replied the developer has reflected this
recommendation in the. final development plan and also addresses Fire Chief
Jones' recommendation of having connection points for future. fire hydrants
should a water source become available to allow for this.
Supervisor Bradshaw inquired if the comments of the Environmental
Planner relative to delineation of the wetland or the date of the delineation
had been addressed.
Mr. Randolph replied Stokes Environmental performed the delineation
and it has been noted on the development plan.
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Supervisor Bradshaw asked why would the Board approve a final plat
if the analysis stated that Lots 7 through 16 might be difficult to develop due
to slope.
Mr. Randolph stated the slope on those lots would just require more
innovation and skill in site design for the individual homes.
Supervisor Bradshaw inquired if the fax had been addressed that was
received from R. Kenneth Weeks Engineers dated November 6, 2001
referring to the lack of stormwater management calculations and noting the
design may have been provided for the overall subdivision in earlier
submittals, but that they request a summary from the consultant of how this
has been satisfied or why it is not necessary with these plans.
Mr. Randolph stated this has been addressed.
Supervisor Bradshaw inquired if the proposed drainfield for Lot 9 that
is partially located within the 100' Chesapeake Bay Buffer zone had been
addressed.
Mr. Randolph replied it had been adjusted to be completely removed
from the 100' Chesapeake Bay Buffer zone.
Supervisor Bradshaw requested in the future staff provide the Board
with updated. reports rather than reports that have issues left. unresolved.
. Supervisor Bradshaw moved the Board approve .Item "A" under the
Consent Agenda entitled the Final Subdivision Plat of Wrenn's Mill Estates
Section 4B, Property of Wrenn's .Mill Partnership, Hardy Magisterial
District, .Tax parcel No.(s) 13D-03-1,2,3,4. 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..
Supervisor MacManus reported out. of a $55,000,000+ budget for
. FY01-02, the Southeastern Public Service Authority did finish in the black
for the first time in three (3) years, a $217,000 margin. He further reported
there was an 11% increase in tonnage for the year, but an 18%+ decrease in
tonnage that went into the landfill. He stated Isle of Wight County saw an
increase of 5.8% in its tonnage sent to .SPSA and a decrease in its recycling
participation which the Board may want to address and communicate with
the Towns via the .Intergovernmental Committee meeting. He stated Charles
Whitehurst of Portsmouth is the new SPSA Chairman; Leroy Bennett of
Suffolk is the Treasurer; and, he is the new Vice-Chairman.
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Supervisor Clark reported that the current Western Tidewater Regional
Jail Superintendent, Jack Dewan, is .resigning effective January 1, 2003 and
the search for a new Superintendent has begun.
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Chairman Claud reported that a report. was recently distributed at the
Hampton Roads Economic Development Alliance meeting reflecting the
number of contacts. for. new prospects made by the Alliance on a monthly
basis. for the year-to-date. He stated the response received from the business
community and potential clients was down due to the economy, but there
was a poll throughout the southeastern portion of the country to determine
how these groups are doing that reflects they are experiencing the same
results as in Hampton Roads. He noted the Board would be receiving an
invitation to a reception on August 22, 2002 for Council and Board
members throughout the region.
Chairman Claud reported the Mayors and Chairs Caucus meeting was
held in Southampton County and Jeanne Zeidler of Williamsburg was
elected as Chairman and Dana Dickens was elected as Vice-Chairman. He
noted the main order of business was to receive a presentation on the
Transportation Referendum.
Chairman Claud reported Supervisor MacManus, :County
.Administrator Caskey and he would be attending an Intergovernmental
Relations .Committee meeting scheduled for later in the afternoon.
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Chairman Claud called for Transportation Matters.
Mr. Randolph referred to a report contained in the agenda regarding
the relocation of utilities for South JohnsorrAvenue. He stated included is a
breakdown of associated costs and a resolution for funding of the project.
Chairman Claud moved the Board adopt. the :following Resolution to
Appropriate Up to $25,000 From the VDOT Revenue Sharing Escrow
Reserve Fund Balance:
RESOLUTION TO APPROPRIATE UP TO TWENTY FIVE THOUSAND
DOLLARS FROM THE VDOT REVENUE SHARING ESCROW RESERVE
.FUND BALANCE
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WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has approved the use of interest earned on the VDOT
Revenue Sharing Escrow Reserve Funds for South Johnson Avenue
within the County of Isle of Wight, Virginia; and,
WHEREAS, the funds in an amount not to exceed twenty five
thousand dollars ($25,000) needs to be appropriated from the VDOT
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Revenue Sharing Escrow Reserve Fund to .the appropriate line item in
the 2002-03 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 maximum. sum of twenty five thousand dollars ($25,000) earned as
interest and designated as reserve for transportation- improvements
within the County of Isle of Wight, Virginia be appropriated to the
2002-03 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..
Mr. Randolph referred to a traffic control signals report contained in
the agenda for Isle of Wight County rescue service facilities which includes
rescue squads and fire departments throughout the County for the Board's
information:
Chairman Claud recommended the Board wait until after the master
transportation planning effort is concluded and then proceed with evaluating
the real needs before spending $500,000+ of County funds.
Supervisor Bradshaw stated the Commonwealth Transportation Board
(CTB) .holds the key to disbursing Federal funding to localities. He stated
-when he contacts the. individuals in -the transportation department at the
Federal level he is .advised there are funds available and it is up to the State
to .disburse it. He recommended staff proceed with determining the
requirements to tap into Federal funds and how the County can convince the
CTB it needs some of the funding going to other localities.
Supervisor Clark stated the County needs to be aggressive on .all
avenues for shared expenses, especially those requiring only a 20% match
per locality.
Supervisor Clark moved the Board request staff aggressively pursue all
avenues of matching funds for the emergency lights based on the Fire and
Rescue Association's recommendation and that no action be taken until the
study to be performed by the Hampton Roads Planning District Commission
staff has been completed.. 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 Clark requested the Director of Emergency Management
and Mr. Randolph be present at the next Fire and Rescue .Association
meeting to advise the timeframe for completion of the study.
Supervisor Bradby requested the status of the Route 624 ditch work.
He inquired if environmental studies are required on all ditch work.
Mr. Randolph stated the environmental regulations VDOT has to
adhere to are becoming more stringent, but he would check with VDOT to
confirm the extent of the project.
Chairman Claud requested Mr. Randolph contact him upon receipt of
a response from VDOT on Carroll Bridge Road.
. Chairman Claud asked for citizens who had transportation concerns.
Thomas Finderson expressed concern .related to the closing of the
Rescue Bridge. He requested staff take appropriate action to have the
underbrush cleared from under the trees at the. stop sign at the intersection of
Nike Park Road and Titus Creek Drive which will allow motorists sufficient
visibility to make right and left turns.
Supervisor Clark requested Mr. Randolph report to the Board on the
status of this item at the Board's August 15, 2002 meeting.
Nancy Guill of Rescue requested staff assistance in having the plaque
on the Rescue Bridge removed before its demolition. stating the. year the
Bridge was built so that it can be hung in the Rescue Community Building..
She further requested the County help pursue getting a traffic light at Battery
Park and Nike Park Roads.
Supervisor Clark moved the Board direct Mr. Randolph. investigate
with VDOT the intersection of Titus Creek and Nike Park Road, as per Mr.
Finderson's earlier comments, and to check with Mr. Neblett to determine if
the plaque can be recovered from the Rescue Bridge before its demolition..
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.
Shirley Land, President of the Isle of Wight County Humane Society,
extended an invitation for the Board members to attend the National
Homeless Animal Candlelight Vigil on August I7, 2002 at 8:00 p.m. in
front of The Smithfield Times.
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Cecil Bentley of Bowling Green Road stated he would be losing his
health insurance in another year and currently his prescriptions are running
the same amount as his income. He stated he has been receiving a 50%
discount on his taxes, however, his wife just retired placing his income over
the $18,000 annual limit which disqualifies him for this discount.. He
requested the Board's assistance in reinstating the old plan which consisted
of a $25,000 income limit for senior citizens in order for them to receive
reduced taxes.
(The Board took action on this item under New Business.)
Nancy Guill requested another Carrollton character community
meeting be .held and that it be run by the citizens of Carrollton rather than
.the Department of Planning and Zoning.
Thomas Finderson expressed his displeasure with the Eagle Harbor
shopping center site layout. He requested there be an opportunity for
aesthetic issues to be aired publicly and that the Planning Commission have
- site plan- approval. He recommended in the future site plan review for
commercial development; residential projects more than twenty (20) acres;
and, residential projects .with more than twenty (20) units require site plan
review at least by the Planning Commission. He further recommended that
larger projects require site plan review by the Board. He suggested that the
Corps of Engineers be requested to verify RPAs and wetlands.
(The Board took. action on this item under New Business.)
Teresa Johnson suggested the Eagle Harbor shopping center design be
of colonial style.. She also advised the Board about a dangerous property on
.Haynes Lane in which neighbors have. tried unsuccessfully to have the
property cleared of broken down cars, rusting equipment, gas bottles, a pool
containing stagnant water and discarded log piles.
Supervisor Clark moved the Board direct Mr. Hartley request. Robert
Watkins, Codes Enforcer, to investigate the complaint and report back to the
Board at its next meeting.
Supervisor Bradshaw stated he has a concern that once the County
begins investigating issues such as these, where will it stop. He stated the
property Ms. Johnson is reporting is private property on a private lane and is
the Board going to make all citizens, even farmers, clean up their property.
He stated he has a problem with the Board directing a County official to
investigate a complaint without telling him specifically what the Board
wants-him to do as he may take action that may not be in accordance with
Board direction.
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Supervisor Clark withdrew his. motion and then moved County staff
perform a site inspection to determine if there are any violations of County
ordinances.
Supervisor Bradshaw stated he still could not agree to Supervisor
Clark's motion, as he does not believe it is the Board's responsibility as the
governing body to impose undue harm on the citizens of the County and to
send government officials out on private property. He stated he believes in
fairness to all citizens of the County that the Board should first seek the
advice and guidance of the County's professional.: staff as to the status of the
property before sending an individual out to investigate it. He
recommended staff provide the Board with a report on what has been
investigated and the status of this property.
Mr. Hartley stated he is not. aware if the County's Codes Enforcer has
visited the site.
Supervisor Bradshaw stated his objection to the proposed motion is
based on principle because when the County begins directing its Codes
Enforcer to take action on specific property where does the County stop with
regards to what may be called junk property. He stated there is not a farm
located in the County that does not have junk machinery located on the
property and is the Board going to take it upon itself to make every farmer in
the County dispose of each piece of equipment that is stockpiled on his
property.
Supervisor Clark withdrew his motion and moved the Board direct the
Director of Planning and Zoning to treat Ms. Johnson's complaint as though
it was reported by a citizen over the telephone or mail and report back to the
Board at its August 15, 2002 meeting on the results of the citizen's
complaint. The motion was adopted (4-1) with Supervisors MacManus,
Bradby, Clark and Claud voting in favor of the motion and Supervisor
Bradshaw voting against the motion.
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Chairman Claud called for the County Attorney's report.
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County Attorney Crook notified the Board he had been receiving visits
from a number of developers representing themselves as potential clients,
but the clients turn out to be developers who want to discuss County matters
with him. He assured the Board that he has not discussed any County
business with these individuals, however, he did want to the make the Board
aware of their visits..
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. County Attorney Crook notified the Board he had met with the
individual concerning the timbering and the County should have a contract
shortly for the Carrollton Volunteer Fire Department.
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County Attorney Crook notified the Board Thomas Finderson has been
appointed by the Circuit Court as the replacement for the Newport District
on the -Board of Equalization.
County Attorney Crook reported he has been negotiating with
Motorola and Verizon on the communications equipment and he -has
obtained most of what. he wanted in these contracts either changed, deleted
or added with the .exception of the indemnification and hold harmless
clause.. He stated it is not his recommendation that.the Board agree to allow
the indemnification and hold harmless clause in these contracts because the
door will be opened for every vendor contract in the future. He stated
counties and cities are not suppose to extend their sovereign immunity to
non-governmental entities, nor waive that immunity in contracts.
Chairman Claud stated the County Attorney has been working with
Motorola and Verizon for the past three (3) months and the Board
anticipated opening the emergency communications center this month, but
even if the contracts were successfully negotiated today, the Board is still
looking at January, 2003. when the Center .will open.. He inquired if
Motorola and Verizon are the two (2) entities providing this equipment to
the County, what are the alternatives if Motorola and Verizon hold firm on
their positions.
County Attorney Crook stated the problem with Motorola is that this. is
a lease purchase and if the County. purchases the equipment and does not
.lease it then there is not a problem. He stated it is the lease purchasing
financing agreement that is presenting the problem. He stated Verizon is a
lease arrangement and. he believes Verizon will come around when Motorola
does.
Chairman Claud .asked the County .Attorney` if these contracts are
critical enough that the County must take this stand even if it means a delay
in opening the Center.
County Attorney Crook advised the Board .that the .County's exposure
would be less than if it signs the leases as currently proposed.
Supervisor Clark suggested the County Attorney may want to advise
Motorola and Verizon that the County is considering going with the second
vendor.
Chairman Claud requested Mr. Crook get with him after the meeting
and provide him with the name of a Verizon contact.
County Attorney Crook informed the- Board the amendment to the
license agreement with Charter Communications for a time extension and
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other issues has been advertised for public hearing at the Board's August 15,
2002 meeting.
County Attorney Crook informed the Board he has prepared an
ordinance for public hearing by the Board at its September 19, 2002 meeting
to take the control from the Tylers Beach Boat Harbor Committee and place
it under the control of the Department of Parks and Recreation.
County Attorney Crook stated he received communication from
Richard Childress, Director of Emergency Management, concerning the
Windsor utilities easement on the Windsor Rescue property. He stated Mr.
Children has spoken with Bill Sizemore and they have a concern that the
buildings are encroaching on-the proposed location of the easement and they.
are asking to have a physical survey done before the easement is granted.
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Chairman Claud moved the Board direct the County. Attorney
correspond with the Towm of Windsor to request the Town prepare a
physical survey of the property before the easement is considered so as to
eliminate the concern that the structures are encroaching on the area where
the easement would be and that it be submitted back 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.
County Attorney Crook reported the Tourism Bureau lease has been
returned to the landowner's attorney with a number of suggested changes.
He stated the attorney has advised that he agrees with these changes and he
is redrafting the lease.
County Attorney. Crook .reported the Washburn property .has been
concluded for all adult property owners and he is now pursuing the non-
adult property owners..
County.Attorney Crook reported the matter of the Children's Center
Lease has been concluded.
County Attorney Crook reported the matter of the Hall property lease
for the Health Department has been concluded.
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County Attorney Crook stated the County Administrator has requested
that he prepare a lease for Social Services, but he needs input from the
Social Services Director and the County Administrator before the lease can
be prepared as there are several years of partial rent which has not been. paid
by the Department of Social Services to the County. He noted the. Director
of Social Services is on vacation at this time.
Chairman Claud inquired about the status of the letter from the County
to the Virginia Beach City Manager regarding the Lake Gaston Pipeline.
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County Attorney Crook recommended the letter regarding the Lake
Gaston Pipeline from the County to the Virginia Beach City Manager be
signed by the County Administrator as the original letter came from the
Virginia Beach City Manager addressed to the County Administrator. He
noted he would assist the County Administrator in preparing said letter.
Chairman Claud requested language be inserted in the YMCA lease to
address existing improvements under Section 4.4, Page 4 of said lease.
Supervisor MacManus requested language also be inserted in the
YMCA lease to provide discounts for volunteers for fire and rescue
personnel.. He further requested language be inserted to allow the schools to
utilize the pool facilities, especially for the fourth grade swimming classes,
as well as the potential for high school swimming teams or classes.
Chairman Claud noted the .Board would take action on the proposed
YMCA lease at its September 5, 2002 meeting.
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Chairman Claud called for the Community Development Report.
Mr. Hartley presented afollow-up report on the Tyler's Beach Boat
Harbor Shoreline and Bulkhead Improvement Project. He stated. staff now
has he budget estimates from the Corps of Engineers. He stated the .total
project cost estimated by the Corps of Engineers is $362,000 of which
$127,000 needs to be matching funds. He stated the County currently has
$51,000 of those matching funds from the Department of Conservation and
Recreation (DCR) and the commitment on the part. of the County is $76,000
to move forward with this project. He stated there is concern the material
that would be removed to build the marsh maybe contaminated and disposal.
cost of that material could cost between $20,000 and $250,000. He stated
there is also an issue of ownership of the harbor. He stated the County owns
the harbor itself and the surrounding fifty (50) feet, but there is still a
question on the part of the Corps of Engineers whether the County can do an
improvement project on land where the County only has a controlling partial
interest in the property.
Supervisor Bradshaw moved the Board direct the County
Administrator set up a meeting on-site with Congressman Forbes,
Supervisor Bradby and citizens in that area to discuss the dredging of the
Tyler's Beach Boat Harbor. The motion was adopted (4-0) with Supervisors
MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Clark absent for the
vote.
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Supervisor Bradshaw further moved the Board support
Recommendation #3, as contained in the agenda, as follows and direct staff
to inform DCR and the Corps of Engineers the reason the Board selected
Recommendation. #3 is that the. dredging of Tyler's Beach Boat Harbor is
the County's main. priority and- the Board does not see any value in having
the bulkhead or shoreline replaced if the Harbor is not .going to be dredged:
Express the. County's appreciation to both DCR and the Corps of
Engineers at this time, .but decline to proceed with .this project any
further due. to limited funding. available to meet the required local
match. .This would return all WQIF funds for use .elsewhere in the
Commonwealth. Also, since the dredging project is now separate
from this environmental restoration project, there should be no direct
impact on the dredging project.
The motion was adopted (4-0) with Supervisors MacManus, Bradby,
Bradshaw and Claud voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Clark absent for the vote.
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Chairman Claud called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Accept .and
Appropriate Youth Remediation Program Funding in the Amount of
$ l 0,000 which he recommends the Board approve.
Supervisor MacManus moved the Board adopt the following
Resolution and approve the Agreement, subject to the .review of the County
Attorney as to form:
RESOLUTION TO ACCEPT AND APPROPRIATE
YOUTH REMEDIATION PROGRAM FUNDING
WHEREAS, the County of Isle of Wight has been approved for
funding from the Southeastern Tidewater Opportunity Project, Inc. (STOP)
to provide a Youth Remediation Program; and,
WHEREAS, funding in the amount of ten thousand ,dollars ($10,000)
needs to be accepted and appropriated to the appropriate line item in the
County's. FY02-03 Operating Budget.
NOW, THEREFORE, BE IT RESOLVED by the Board. of Supervisors
of the County of Isle of Wight, Virginia that funding in the amount of ten
thousand dollars ($10,000), or as much as shall be received from STOP is to
be appropriated to the appropriate line item 2002-2003 Operating Budget of
Isle of Wight County.
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BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County : 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 and Claud voting in favor of the motion (4-0); no Supervisors
voting against the motion; and, Supervisor Clark absent fo`r the vote.
County Administrator Caskey presented a Resolution to Accept and
Appropriate Local Law Enforcement Block Grant Funding in-the amount of
$9,177 which he recommends the Board adopt.
Chairman Claud moved the Board adopt the following Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING
WHEREAS, the County of Isle of Wight is eligible for federal funding
.through the United States Department of Justice Local Law Enforcement
Block Grant program; and,
WHEREAS, funding in the amount of nine thousand one hundred
seventy seven. dollars ($9177) needs to be accepted and appropriated to the
appropriate line item in the County's FY02-03 Operating Budget..
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that funding in the amount of nine
.thousand one hundred seventy seven dollars ($9177), or as .much as shall be
received from the United States Department of Justice is to be appropriated
to the appropriate line item 2002-2003 Operating Budget of Isle of Wight
County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County 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 . (4-0); no
Supervisors voting against the motion; and, Supervisor Clark absent for the
vote. .
//
Chairman Claud. called for Old Business.
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County Administrator Caskey stated the dates of November 22, 2002
and November 23, 2002 are available at The Smithf eld Center for the
Annual Board Retreat.
n
Supervisor Bradshaw moved the Board set November 15, .2002 and
November 16, 2002 as the date for. the .Board's Annual Retreat with
location, times and agenda to be established by 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.
Chairman Claud called for consideration of the expansion of the
Metropolitan Planning Organization (MPO) Boundary Board report.
County Administrator Caskey recommended staff prepare an
appropriate resolution for the Board's consideration at its August 15, 2002.
meeting that could be formally adopted and forwarded to the PDC.
Supervisor Bradshaw moved the Board direct staff to coordinate this
effort with the Town of Windsor and develop an appropriate resolution for
the Board's consideration at its August 15, 2002 meeting. 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 referred to the Board. report contained in the agenda
regarding the summary of contracts/lease agreements that was pursuant to
Board direction..
Supervisor MacManus stated regarding the posting of reassessments
on the website, he agrees with the no photos/no names as .done in
Chesapeake and Norfolk would be appropriate.
Lyle Hornbaker, Information Services Coordinator, addressed the
Board on the process by which the information would be downloaded into
the County's system.
Supervisor MacManus moved the Board amend its previous .Board
request to have the information put on the website to preclude names and
photos being used, but that the remainder of the database be included for
information (no maps). 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.
F:
Regarding the issue of the use of schools as precinct polling places,
Chairman Claud noted the recommendation of the Electoral Board is that the
County not change any of its voting places.
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Supervisor Bradshaw moved the Board accept the recommendation of
the Electoral Board not to use the school facilities as precinct polling places.
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 stated the. handicapped ramps are being repaired
by the Department of Public Works at the Zuni and Walters precincts.
Supervisor Bradshaw stated he previously requested the Director of
Planning and Zoning correspond with the Commissioner of Revenue
regarding how the flood properties were assessed since the properties are
now located in flood zones and are not buildable. He stated he did not agree
with the Commissioner's .response that flood zones can impact value if the
use is denied and proper documentation will be required to adjust the value.
Supervisor Bradshaw moved .the Board direct staff to meet with the
Commissioner of .the Revenue to determine how flood properties were
handled during the last reassessment and that it be valued again according to
the flood .zone status. 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 New Business.
County Administrator Caskey distributed a handout on the HJR
209/Telecommunications Tax Reform.
Supervisor Bradshaw stated VACo is requesting the County take a
position on this issue.
Mr: Robertson advised he has not received a .return phone call from
.Ellen Davenport, VACo, regarding VACo's request for County input.
Chairman Claud noted the issue has not been endorsed by the VACo
full committee, but it is on the LGOC conference agenda this week.
Supervisor Clark moved the Board instruct the County Attorney to
address Mr. Bentley's concern .noted under Item "B" of Citizens Comments.
He specifically requested- background information on when the amount was
$18,000 and when and why the amount was increased to $25,000. 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.
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Supervisor Clark moved the Board direct staff examine Mr.
Finderson's comments as to the feasibility of -the Planning Commission's
review of site plans on large projects and provide the Board with its
recommendation on any foreseeable problems, if any, to include the
advantages to having the Planning Commission review all commercial and
large residential site plans. Thee motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Supervisor Clark inquired as to the status of .the site plan for the
shopping center located at Eagle Harbor.
Mr. Hartley stated the. site plan has been approved although there are
outstanding issues which need to be addressed with VDOT regarding access
points and redesign of radius. He offered to go over the site plan and
renderings with Supervisor Clark.
Responding to Supervisor Clark, Mr. Hartley noted he would provide
the Board with information on the status of the review process of the Zoning
Ordinance at the Board's September 5, 2002 meeting.
Responding to Supervisor Clark, Mr. Hartley advised staff has
requested the Gatling Pointe property owner submit a mitigation plan to
restore the 100 foot buffer.
County Administrator Casket' informed the Board that he had received
from the Treasurer the listing of real estate taxes owed to the County as of
June 30, 2002. He noted the Board could review the document in his office.
//
Chairman Claud called for Appointments.
Chairman Claud moved the Board appoint Lynn C. Butler to serve on
the Genieve Shelter Committee. The motion was adopted unanimously (5-
0).
Supervisor Bradshaw moved the Board reappoint Paul Halt, Sr. on the
Virginia Alcohol Safety Action Program Committee. The motion. was
adopted unanimously (5-0).
//
Supervisor Bradshaw requested a closed session under Section 2.2-
3711 Al of the Freedom. of Information Act concerning two (2) personnel
matters.
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County Administrator Caskey requested a closed session under
Section 2.2-3711 Al of -the Freedom of Information Act concerning a
personnel matter.
Supervisor MacManus requested a closed session under Section 2.2-
3711 A7 of the Freedom of Information Act concerning two (2) potential
litigation matters requiring the advice. of counsel.
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, 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.
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.
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Supervisor MacManus moved the Board direct staff to prepare a
document providing- the basis for potential litigation with the State of
Virginia to be presented to VACo by Supervisor Bradshaw. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor o/f the motion (5-0) and no Supervisors voting against the
motion. .
//
At 4:35 p.m., Supervisor Bradby moved the Board adjourn. The
motion was adopted unanimously (5-0).
..,,~ ~,~~r,
Robert C. Claud, Sr., Chairman
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