06-19-2003 Regular Meetingo ~
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REGULAR MEETING; OF• THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE .NINETEENTH DAY OF JUNE IN THE
YEAR TWO THOUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Philtip A. Bradshaw
Henry H. Bradby
Robert C. Claud, Sr.
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Casket', County. Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey Mills Storm, Recording Secretary
Chairman MacManus called the meeting to order at 6:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman MacManus called for approval of the agenda.
Supervisor Bradshaw moved the Board approve the Agenda. The
motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark :and Claud voting in favor of the motion, and no .Supervisors voting
against the motion.
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Chairman MacManus indicated the Consent Agenda (Item 2) included
the following items:
A. 2004 Legislative Priorities
B, Amendment #3 to the GIS Consultant Contract
C. NACo Voting Credentials
D. Fuel Bids
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E. Corrective Action Plan Status Report - FY2002 Audit
F. Self Sustaining Water/Sewer Rates
G. Prohibition of Through Trucks, Old Suffolk Road (Route 636)
H. The request of Isle of Wight County to replace the .existing
copper guttering on the School Administration Building at Isle
of Wight Courthouse with an aluminum gutter system.
I. Town of Windsor Request to Close Duke Street for 4`t' of July
Celebration
J. Actions of the Isle of Wight County Planning Commission
Meeting of June 10, 2003
K. Delinquent Real Estate Tax Collection Monthly Report
L. May 15, 2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
Supervisor Claud moved the Board adopt the Consent Agenda. The
motion was adopted by a vote of (5-0) with Supervisors .MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman MacManus called for Transportation Matters.
James A Randolph, Planner, presented a request from VDOT to close
a segment of Pruden Road (Route 696) to through traffic to expedite the
final construction and hard surfacing of this roadway.
Supervisor Bradshaw moved the Board adopt the. following Resolution
and direct staff to notify the Pruden: Road residents of this segment closure:
RESOLUTION REQUESTING THE CLOSURE OF A SEGMENT OF
PRUDEN ROAD, ROUTE 696
WHEREAS, The Virginia Department of Transportation is currently
reconstructing and hard surfacing Pruden Road, Route 696; and,
• WHEREAS, The Virginia Department of Transportation is requesting
that a segment of Pruden Road, Route.696, beginning at Holly Run Drive,
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Route 615, and proceeding east one mile be closed to .through traffic
beginning July 1, 2003 and lasting for sixty days; and,
WHEREAS, The Virginia Department of Transportation desires that a
resolution be adopted endorsing this request for a closure of a segment of
Pruden Road, Route 696; and
WHEREAS, Isle of Wight County supports having this .road project
completed in an efficient and timely manner.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Board of Supervisors endorses .this request by the Virginia
Department of Transportation to close a segment of Pruden Road, Route
696, beginning at the intersection of Holly Run Drive, Route 615 and
extending east one mile on July 1, 2003 and that the closure will not exceed
sixty days from this date.
The Resolution was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
Mr. Randolph notified the Board .that the Commonwealth
Transportation Board .has approved the final Virginia Transportation
Development Plan, which does include funding for the Smithfield/Newport
News Commuter Bus Service. He stated that the Blackwater Bridge and the
center turn lane on Church Street in Smithfield back to the construction
phase has also been reinstated in the Plan.
Supervisor Bradby requested the status of improvements to the area. at
the Rushmere Volunteer Fire Station.
Mr. Randolph offered to contact the VDOT Resident Engineer and
request the status.
Supervisor Clark reported that VDOT has filled in the ditches around
the sidewalks and nearly completed its work in the Battery Park area.
Mr. Randolph reported that the VDOT Resident Engineer's quarterly
appearance will be at the July 17, 2003 meeting, and he would be preparing
a draft list of all outstanding maintenance projects for the Board's review at
its July 3, 2003 meeting.
Supervisor Clark reported that the Gatling Pointe South Community
Association- still has issues with traffic measures and he requested Mr.
Randolph bring this to the attention of the VDOT Resident Engineer when
he makes his quarterly appearance before the Board.
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Supervisor Bradby reiterated his request to have the pothole at the
second driveway on Route 624 at the Rushmere Volunteer Fire Station
repaired. He noted that the cedar tree also needs to be removed at ..the
second driveway off Track Lane.
Supervisor Bradshaw expressed the Board's appreciation to Mr:
Randolph and Jamie Rock for their outstanding efforts with the Route 260
dedication. ceremony.
Chairman MacManus requested the status of the work to be done with
respect.to drainage easements on Rattlesnake Trail.
Mr. Randolph offered to check to see if VDOT has scheduled this
work.
Michael Uzzell reiterated .his request fora .reduction in speed lima on
Bowling Green Road and the survey on Central Hill Road .with respect to
curve signs.
Mr. Randolph offered to check the status of Mr. Uzzell's request.
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Chairman MacManus called for Citizens Comments.
Jerrianne Gardner of Carrollton informed the Board that a new group
has been established in the County by the name of "Isle of Wight Water
Watchers" whose responsibility is to monitor various creeks and. streams for
a one (1) year period to create "baselines." She stated the following
waterways. are involved in this effort: Lawnes Creek; Pagan River, Jones
Creek, Cypress Creek, Titus Creek, and Ragged Island Creek. She noted
this group would also obtain information on air temperature, dissolved
oxygen, pH levels, water temperature, site observations, and the amount of
rainfall. She stated the data would be available on www.alliancechesbay.or~
for public perusal.
Ms. Gardner stated the meeting held by County staff, the Department
of Historic Resources, the Isle of Wight Historical Society, and the Town of
Smithfield with respect. to the. certified local government program and cost
share grant for the County Archaeological Assessment was well attended.
She stated the Historical Society has formed a task force with- respect to the
old County cemeteries.
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Peter Munsell of Carrollton thanked the .Board for the listing of real
estate appraisals being made available via the Internet. He noted that
various local government meetings have not been published in the Daily
Press newspaper in the .last month, and he would like these to be advertised
on a continual basis for the public.
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Dr. James Johnson, founding Pastor of .Hill Street. Worship Center,
requested financial assistance to continue his efforts to restore the Hill Street
Worship Center building in Smithfield,
Chairman MacManus suggested that staff send a letter to Dr. Johnson
identifying what information is needed by the County so that the Board can
further evaluate his request.
Supervisor Bradby suggested that the Department of Tourism might be
of some assistance with the staff evaluation as the request for financial
assistance is for a historic. building..
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman reported that in the matter of Burckard v.
Isle of Wiaht County Board of Zonin~Appeals, the petitioner has sought a
Writ of Certiorari from the Circuit Court appealing the Board of Zoning
Appeals' grant of two (2) variances, He noted that he has filed a return on
behalf of the Board of Zoning Appeals, to include a responsive pleading
challenging petitioner's standing. He .stated that he would be seeking a
hearing on that motion. in the near future, and he would keep the Board
apprised of any progress.
County Attorney Stroman .reported that he would be requesting a
closed session pursuant to Section 2.2-3711.A.7. of the .Freedom of
Information Act concerning consultation with legal counsel regarding actual
or probable litigation or matters requiring the provision of legal advice;
under Section 2.2-3711.A.1 regarding a personnel matter; and, under
Sections 2.2-3711.A.3 and 6 concerning discussion or consolidation of the
requisition of real properly for a public purpose and the investing of public
funds where discussion in open meeting would adversely affect the County's
position.
County Attorney Stroman presented a proposed contract with Palmer
and Cay Consulting Group .for an update to the County's employee
compensation and classification plan, to include fringe benefits. He
requested the Board authorize the Chairman to sign the contract on behalf of
the County, subject to theCounty Attorney's approval.
Supervisor Claud moved the Board authorize the Chairman to execute
the contract with Palmer and Cay Consulting Group on behalf of the County,
subject to the approval of the County Attorney. The motion was adopted by
a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
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County Attorney Stroman distributed copies of a revised contract with
Wampler-Eanes Appraisal Group, Ltd. for assessment services required as a
result of the move to biennial assessments for the two (2) year period
commencing on July 1, 2004 and a second two (2) year period commencing
on July 1, 2006. He recommended that the Board authorize the Chairman to
execute the contract on behalf of the County, subject to the County
Attorney's approval.
Supervisor Claud recommended that Page 8, under total
compensation, include language "per each reassessment cycle."
Supervisor Clark moved the Board authorize the Chairman to execute
the contract with. Wampler-Eanes Appraisal Group, Ltd. on behalf of the
County, as amended to include language "per reassessment cycle." The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Brkdby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
County Attorney Stroman presented a proposed agreement for
mosquito control and a surveillance program with the Western Tidewater
Health District.. He recommended that the Board authorize the Chairman to
execute the agreement, subject to the County Attorney's approval.
Supervisor Bradshaw noted that the Department of Parks and
Recreation and the Department of Public. Works had indicated inadequate
manpower and resources to the Board during the budget process. He
inquired if other duties of these departments are being pushed back in order
to accommodate the mosquito program and noted that the agreement
stipulates that the Department of Public Works will make available to the
program one (1) or two (2) full-time employees, on an as-needed basis.
Donald T, Robertson, Assistant County Administrator/Director of
Human Resources, stated .the. intent of the agreement is for County staff to
act in a support role. He stated he believes that some of the trapping to be
performed will be done in a manner that does .not hinder. or create undue
hardship on County staff. He .further stated based on the type of work that
will be done, only one {1) employee from the Department of Public Works
will be sufficient for the program.
County Attorney Stroman offered to make a change in the agreement
from two (2) employees to one (1) employee, which would reduce the
demand.
Supervisor Bradshaw stated if no other projects will be pushed to the
side, his concerns have been dressed, and he believes the County can move
forward with the program..
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Supervisor Clark moved the Board. authorize the Chairman to execute
the agreement on behalf of the County with the Western Tidewater Health
District for a mosquito control and surveillance program. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting. in favor of the motion, and no .:Supervisors voting
against the motion.
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Chairman MacManus called for the County Administrator's report.
County Administrator Casket' presented a proposed amendment to the
County's Central Purchasing. Policy which was considered by the Board at
its June S, 2003 meeting and tabled upon request by the County Attorney so
that staff could review comments made by the County Attorney. He noted
for consideration by the Board is a resolution containing a significant
majority of the County Attorney's comments, as well as staff comments. He
recommended that the Board adopt the resolution amending the County's
Central Purchasing Policy..
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO AMEND THE COUNTY CENTRAL PURCHASING
POLICY
WHEREAS, the Isle of Wight County Central Purchasing Policy
addresses the County's policies and procedures regarding the purchase of
goods and services for the County government; and,
WHEREAS, the following amendment to the Central Purchasing
Policy is necessary to incorporate required practices and ensure open and
fair competition to the benefit of the taxpayers as required by the Virginia
Public Procurement Act.
NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED by
the Board of .Supervisors of Isle of Wight County, .Virginia, that Central
Purchasing Policy be amended to read as follows:
CENTRAL PURCHASING POLICY
Section 1.0
County Administrator as Purchasing Agent
The Board of Supervisors of Isle of Wight County, Virginia, hereby employs
and designates the County Administrator as the County Purchasing Agent
for the County of Isle of Wight, Virginia to perform the duties hereinafter
provided. The County Administrator may delegate such duties as he deems
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necessary, provided that :the person or persons. to whom duties are delegated
is subject to his direct supervision. The Purchasing Agent shall serve as the
principal purchasing official for the County, and shall have the duties and
perform such functions as assigned.
The County Purchasing Agent shall, under the supervision of the Board of
Supervisors of Isle of Wight County, purchase or contract for all supplies,
materials, equipment, and contractual services required by any department
or agency of the County government. In addition, the Purchasing Agent
shall have the authority to adopt appropriate regulations consistent with this
policy.
Section 1.1
Enforcement of Standard Purchasing Procedures
The County Purchasing Agent shall draw up, subject to the approval of the
Board of Supervisors, and enforce standard purchasing procedures which
shall apply to all supplies, materials and equipment purchased for the use of
the County government and he shall have charge of all central storerooms
now operated or hereafter established by the Board of Supervisors and shall
transfer to or between County departments and agencies or sell supplies,
materials and equipment which are surplus, obsolete, or unused.
Section 1.2
Rules and Regulations
All supplies, materials, equipment or contractual services needed by one or
more departments or agencies of the County .government shall be directly
purchased or contracted for by the County Purchasing Agent. The County
Purchasing Agent, subject to the approval of the Board of Supervisors, shall
adopt, promulgate and from time to time amend, rules and regulations for
the following purposes:
a. Prescribing the manner in which supplies, .materials and equipment
- shall be purchased, delivered, stored and distributed;
b. .Prescribing the dates for making requisitions and estimates, the future
period which they are to cover, :the form in which they shall be
submitted, the manner of their authentication, and their revision by the
County Purchasing Agent;
c. Providing for the .transfer to or between County departments and
agencies of supplies, materials and equipment which are surplus with.
.one department or agency but which may be needed by another or
..others, and for the disposal by sale after receipt of competitive bids, of
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supplies, materials and equipment which are declared obsolete and
unusable;
d. Prescribing the amount of deposit or bond to be submitted with a bid
on a contract and. the amount of deposit or bond to be .given for the
faithful performance of the contract;
e. Prescribing the manner in which claims for supplies, materials,
equipment and contractual services delivered to any and all
departments and agencies of the County shall be submitted, examined,
approved and paid; and
f. Providing for such other matters as may be necessary to give effect to
the foregoing rules and regulations adopted.
Section 1.3
Competitive Bids
All. purchases of, and contracts for goods and services shall be based.
wherever feasible on competitive bids or competitive negotiation. If the
amount of the expenditure is estimated to exceed thirty thousand dollars
($30,000), sealed bids or proposals shall, unless the Board of Supervisors
shall provide otherwise, be solicited in accordance with sealed bid or
proposal procedures as described by the Virginia Public Procurement Act,
Said sealed bids or proposals shall be solicited by public notice. inserted at
least once in a newspaper of general County circulation and at least ten- (10)
calendar days before the final date of submitting bids or proposals. The
County Purchasing Agent shall also solicit sealed bids or proposals by
sending requests by mail to prospective suppliers and by posting notice on a
public bulletin board in .general public view. Bids or proposals shall in all
cases be based on such standard specifications as may be adopted by the
County Purchasing Agent under the supervision of the Board of Supervisors.
Sales of personal property which have become obsolete and unusable shall
be based, wherever feasible, on competitive bids..If the amount of the sale
is estimated to exceed five thousand dollars ($5,000), sealed bids shall,
unless the Board of Supervisors provides otherwise,.. be solicited by public
notice published at least once in a newspaper of county-wide circulation. at
least five (5) calendar days before the final date of submitting bids.
Section 1.4
Small Purchase Procedure
All purchases of goods and /or services whereby the expenditure or sale is
estimated to be less than thirty thousand dollars ($30,000) shall be solicited
in the following mannere
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Up to $300 -
Competitive quotes encouraged but. not required. Payment can be
processed by submission of a payment voucher to the Department of
Budget and Finance .and does not require a purchase order.
$301 to $3,000 -
Requires documented verbal vendor quotes and/or written vendor
quotes received. from a minimum of three (3) sources whenever
possible, A purchase order request is required to be submitted to the
Purchasing Agent or designee with accompanying documentation for
order processing.
$3,001 to $30,000
Requires written vendor quotes received from a minimum of four (4)
sources whenever possible. A purchase order request is required to be
submitted to the Purchasing ,Agent or designee with accompanying
documentation for order processing.
Exceptions to the above small purchase procedures include:
® The purchase of items whereby a standing contract has been provided and
/or a vendor has been identified for such purchases by the Purchasing
Agent for use resulting in a more. advantageous cost and/or service to the
County.
- The purchase of goods /services necessitated by events constituting an
emergency as defined by the Virginia Public Procurement Act.
.The splitting of purchases to avoid the above established procurement levels
is prohibited.
Solicitation of vendors placed on the County's vendor list is encouraged to
the extent. that. said vendors are determined to provide the most advantageous
cost and !or service to the County.
Section 1.5
Award of Bids
All open market. orders or contracts made by the County Purchasing Agent,
or by any County department or agency, shall be awarded. to the lowest
responsive and responsible bidder, taking into consideration the qualities of
the articles to be supplied, their conformity with the specifications, their
suitability to the requirements of the County government, and the delivery
terms. Any or all. bids may be rejected. If all bids received on a pending
contract are for the same unit price or total amount, the County Purchasing
Agent shall have authority to reject all bids and to purchase the required
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supplies, materials, equipment or contractual services in the open market,
provided the price paid in the open market shall not exceed the bid price. All
contracts shall be approved as to form by the Attorney for. the County who
shall retain the original contract document for the County record and a copy
of each long-term contract shall be filed with the Treasurer or other chief
financial officer of the County:
Section 1.6
Sufficiency of Funds
Except in an emergency, no order for delivery on a contract or open market
order for supplies, materials, equipment or contractual services for any
County department or agency shall be awarded until the chief financial
officer shall have certified that the unencumbered balance in the
appropriation concerned, in excess of all unpaid obligations, is sufficient to
defray the cost of such order. Whenever any department or agency of the
County government shall purchase or contract to the provisions of this
resolution or the rules and regulations made hereunder, 'such order or
contract shall be void and of no effect. The head of such department or
agency shall be personally liable for the cost of such order or contract and, if
already paid for out of County funds,- the amount thereof may be recovered
in the name of the County in an appropriate action instituted therefor by the
County Attorney or his designee.
Section 1.7
Negotiation for Professional and Nonprofessional Services
The Board of Supervisors of Isle of Wight County, Virginia, does hereby
delegate to the said County Purchasing Agent, the responsibility to engage
in individual discussions with two or more offerors deemed. fully qualified
for procurement of professional or nonprofessional services with the
assistance of the Finance Director, Department head involved and/or other
person or persons deemed knowledgeable in the area of the services being
offered and to conduct negotiations with said offeror most meritorious
pursuant to the provisions of the Virginia Public Procurement Act. Provided,
however, that contracts for legal services may be entered into without
competition.
The Resolution was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion..
County Administrator Caskey stated with respect to the 2004 and
2006 assessment contract with Wampler-Eaves Appraisal Group, Ltd., he .
would recommend that the Board approve an internal transfer of funds to
cover the cost in the amount of $30,000.
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Supervisor Claud further moved that the Board approve the internal
transfer of funds to cover the cost in the amount of $30,0.00. The motion was.
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
E. Wayne Rountree, P.E., Director of Public Utilities, requested the
Board authorize staff to write-ofd the 281 Public Utility customer accounts
that have been delinquent since 1991 in the amount of $25,665; adopt the
utility billing collection procedures; authorize the County Attorney to
advertise the proposed amendments to the Public Utility -Water and Sewer
Ordinance for public hearing at the Board's meeting of July 17, 2003; and,
authorize. the issuance of an RFP for utility billing and collection agency
services.
.Supervisor Bradshaw moved that staff is authorized to write-off the
first 178 delinquent accounts; that the County Attorney be directed to review
the remaining 103 accounts; and, following his review and determination
that they can not be collected, that he be authorized to also write-off these
remaining 103 accounts. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud .voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Bradshaw further moved that the Board adopt the Utility
Billing Collection Procedures, as recommended for the pursuit of utility
account balances due; authorize the County Attorney to advertise the
proposed amendments to the Public Utility Water and Sewer Ordinances for
a public hearing on July 17, 2003; and, authorize the issuance of an RFP for
utility billing collection agency services., The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
Chairman MacManus inquired if information concerning accounts that
have been written-off should be shared with the Towns of Smithfield and
Windsor.
County Attorney Stroman advised that delinquencies such as .above
are subject to the County filing suit; therefore, the expectation of privacy is
not there.
Supervisor Claud suggested that a reciprocal agreement with the
Towns of Smithfield and Windsor for accounts that are written off be
prepared.
Supervisor Bradshaw suggested that either the County Attorney could
address this or the matter could be brought before the Intergovernmental
Relations Committee.
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Chairman MacManus noted that the .Board would place the matter on
hold until a reciprocal agreement with the Towns of Smithfield and Windsor
can be prepared.
Donald T, Robertson, Assistant County Administrator/Director of
Human Resources, stated with respect to the environmental management
system project, additional information has been received that indicates that
staff is proceeding down a path that will cost the County more money than
originally anticipated and the scope of that project ~is much larger than staff
originally understood it to be. He stated the timetable for the internal audit
of where the County is environmentally has .changed, although staff is still
within a timetable to complete the overall project by December, 2004a He
stated SPSA has advised that rather than the County developing an EMS for
the entire organization, it would be better served to implement an EMS fora
department.
Supervisor Claud moved that the Board direct. staff to examine the
needs, and if there is a need, set those priorities and come back to the Board
with a recommendation and the benefits of proceeding or not proceeding
and that the $15,000 already funded be rolled to the next fiscal year. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Robertson presented afollow-up report on information from York
County representatives relative to mosquitofish with respect to mosquito
control. He stated before staff could proceed, the County must first go
through a permitting process, which is approximately $40. He stated the
mosquitofish can be .acquired at no cost, but the County would be
responsible for picking up the mosquitofish from York County.
Supervisor Bradshaw moved that the Board direct staff to place the
issue of mosquito .fish under Old Business for the Board's July 3, 2003
meeting. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
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At 7: 00 p.m., Supervisor Bradshaw .moved the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted unanimously (5-0).
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Chairman MacManus called for a public hearing on the followings
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A. Transportation Enhancement .(TEA-21) Grant Funds/Josiah
Parker Family Cemetery Project
Debbie J. Sivertson, Administrative. Analyst, stated pursuant to the
Board's endorsement of the County applying for a grant in the amount of
$88,000 for the Josiah Parker family cemetery at the Board's June 5, 2003.
meeting, this is the required public hearing and resolution required by the
Commonwealth Transportation Board for the grant application.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the grant.
Pat Clark of .Twin Hill Lane stated Congressman Forbes has expressed
interest in acquiring the funding to support the County's purchase of the
cemetery and that his office would aggressively pursue the request again at
the beginning of the budget cycle. He stated he is in support of this grant
and in continuing a request for a Federal grant through Congressman
Forbes,
County Administrator Caskey advised the Hampton Road
Metropolitan Planning .Organization recently endorsed 'this project at its
recent meeting.
Chairman MacManus closed the public hearing and called for
eoanments from the Board.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION REQUESTING
TRANSPORTATION ENHANCEMENT FUNDS FROM THE
VIRGINIA DEPARTMENT OF TRANSPORTATION
FOR THE COLONEL JOSIAH PARKER FAMILY CEMETERY AND
MEMORIAL PARK PROJECT
WHEREAS, in accordance with the Commonwealth Transportation.
Board construction allocation procedures, it is necessary that a request by
resolution be received from the local government or state agency in order
that the Virginia Department of Transportation program may approve a
transportation enhancement project in the County of Isle of Wight,
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, requests the Commonwealth
Transportation Board to approve and establish project funds. for the Colonel
Josiah Parker Family. Cemetery and Memorial Park Project,
BE IT FURTHER RESOLVED that the Board of Supervisors of the
County of Isle of Wight. hereby agrees to .pay a .minimum twenty (20)
percent or an amount not to exceed $22,000 of the total cost for the planning
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and design, right-of--way,. and construction of this project, and that, if Isle of
Wight County subsequently elects to cancel this project the County hereby
agrees to reimburse the Virginia Department of .Transportation for the total
amount of costs expended by the Department through the date the
Department is notified of such cancellation.
The Resolution was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting .against the motion.
Chairman MacManus called for a public hearing on the following:
B. The application of Ronald W. and Lois R. Little for a change in
zoning classification from RAC to Conditional Rural Residential
of approximately ten (10) acres of land located on the south side
of Burwells .Bay Road (Route 621) west of Moonlight Road
(Route 627) in the Hardy Election District. The purpose of the
application is for asingle-family residential lot as conditioned.
Jonathan W. Hartley, Director of Planning and Zoning, advised that
the Planning Commission discussed the two (2) proffers letters that have
been consolidated into one (1) letter, and that he has received the letter prior
to the. commencement of the public hearing,
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the proposed application.
Lois R. Little, the applicant, requested the Board approve the rezoning
of a ten (10) acre parcel of land located on her property.
Chairman MacManus closed the public hearing and called for
comments. from the Board.
Supervisor Bradby moved the Board approve the application of
Ronald W. and Lois R. Little, with the proffers presented. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
Chairman MacManus called for a public hearing on the following:
C. The application of Eagle Harbor, LLC for a change in zoning
classification from RAC to Conditional General Commercial of
approximately 15,000 square feet. of land located in Tract 12 of
the Eagle Harbor Development, which is located on the north
side of Carrollton Boulevard (Route 17) in the Newport Election
District. The purpose of the application is to rezone the well lot
with the same conditions as Tract 12.
15
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Chairman MacManus called for persons to speak in favor of, or in
opposition to, the proposed application.
William Riddick, Attorney representing the applicant, stated the parcel
consisting of -.31 acres was sold by the Board to Eagle Harbor, LLC in
August, 2002 and had formally been a well site that is no longer used by the
County. He stated the. site contains an easement that is interfering with
development, and Eagle Harbor, LLC is requesting that this property be
zoned in the same manner as the rest of the commercial tract so that it can
be used for setbacks.
Thomas Finderson of the. Newport District advised that there is not a
sign located on the property indicating a rezoning. He stated tract 12 has
69% impervious surfaces and the adjoining tract contains 64% impervious
surfaces. He stated approving this rezoning would only increase the storm
water coming off the property, raising it to 72% impervious surfaces. He
noted that a fair proffer for this property would be $1,000.
Chairman MacManus requested that staff address the issue of the
signage not being posted on the property.
Mr. Hartley stated the posting of the sign, based on the provisions of
the County's ordinance, is there to alert citizens. He stated posting is a
requirement of the ordinance; however, it is not mandatory, and the County
holds the property owner responsible for posting of signs.
County Attorney Stroman advised that Section 10-300B of the
County's ordinance states that additional requirement of posting notice for
the property is for the benefit of the public to identify the location of
property in question only and is not a legal requirement of the notice.
Mr. Hartley advised the Board, upon inquiry from Chairman
MacManus, that the 13,000 square foot parcel would be added to Tract 12
and developed as part of Tract 12 under the conditions approved in 1998.
Supervisor Bradshaw inquired if the comments posed by
Commissioner Alexander with respect to traffic had been addressed relative
to the closure of the road on Route 17.
Mr. Hartley stated staff did forward Commissioner Alexander's
comments VDOT with respect to any future development.
Chairman. MacManus closed. the public hearing and called for
comments from the Board.
Supervisor. Claud moved the Board approve the application of Eagle
Harbor, LLC. The motion was adopted by a vote of (5-0) with Supervisors
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MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman MacManus called for a public hearing on the following:
D, The application of Smithfield Downs Ltd. and PMP, LLC for a
change in zoning classification from RAC to GC to Conditional
SR, Conditional UR and Conditional GC of approximately 116
acres of land .located on the north side of Brewers' Neck
Boulevard (Route 258 and 32) between Benns Church
Boulevard (Route 10) and Reynolds Drive (Route 665) in the
Newport Election District. Thepurpose of the application is for
detached single family residences, attached single family
residences-condominiums and general commercial as
conditioned,
Mr. Hartley stated he .distributed copies of the revised proffered
conditions to the. Board prior to its meeting tonight reflecting a change in
Item 12 on Page 3 where the cash proffer for single-family detached
dwellings has been increased from $5,000+ to $6,895. He stated he further
distributed to the Board prior to its meeting a letter from the U.S.
Department of Interior, along with two (2) maps, describing the Department
of Interior's interest with respect to St. Luke's Historic Church.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the proposed application.
William Riddick, Attorney for the applicant, stated 89.3 acres is
proposed to be rezoned from its current RAC to Conditional Suburban
Residential for 161 single-family residences; the remaining 21 acres is
proposed to be rezoned to Conditional Urban Residential for no more than
200 multi-family attached condominiums; and, a 6.6 acre General
Commercial component adjacent to the highway. He stated the property is
located in the Northern Development Service District at the Benns Church
intersection, adjacent to Historic St. Luke's Historic. He stated the overall
design is consistent with the County's Comprehensive Plan, which identifies
the property as an appropriate place for this type of development. He stated
with respect to proffers, the developer has proffered that the number of units
be changed to 361, of which 161 would be single-family detached
residences; that this development would be an age-restricted community, of
which 80% of the units would have to have at least one (1) resident that is
..age 55 or older, and none of the residences could have residents who were
under the age of 19 who reside there more than 90 days in any twelve-month
period; his client has developed a design that includes a 4.6 acre buffer
immediately adjacent to the Church, worth approximately $250,000, as well
as buffer resulting from the comments offered by the congregation of
Campbell's Chapel; that voluntary cash proffers have been offered at the full
amount of $6,895, which would apply to the 161 single-family residences, of
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eooa : 21 ~a~= ~1 ~ i
which the County would also be yielding $8,000 per unit in water and sewer
tap fees; that a review process be held by the Planning Commission with the
condominium section to determine its overall appearance and layout, as well
as the need for connectivity to the northeast and northwest of this property.
He stated his client has also developed a mechanism, in consultation with
the Director of Planning and Zoning that would establish a method for
determining the cost and timing for signalizing the entrance.
William E. Laine, Jr., representing the Board of Directors of Historic
St. Luke's Church, stated the development of the proposed rezoning will still
have a visual impact on Historic St. Luke's Church and will .incompatible
with the historic nature of the property. He stated that while the proposed
rezoning is in an area of the County that is being rapidly developed, he feels
Historic St. Luke's Church is important and should have special
considerations given to the area. He stated the setback offered by the
developer is inadequate to protect Historic St. Luke's Church.
Frances Olsen, member of the Board of Directors of Historic St.
Luke's Church, presented photos of the view of the existing golf course that
she would like maintained. She also presented photos of Queens Anne
Court in which vinyl sided homes show through the trees. She requested
that the Board deny the rezoning request.
Thomas Finderson, Newport District, stated the density is
incompatible for age 55 and older use; the traffic studies are incorrect as
they do not. address the backup traffic at Benn's Church; the proffers of
approximately five (5) acres are not clear; the 225 feet from the boundary
line to the lot line is not adequate distance from the Church; and, there are
inadequate public facilities for the proposed school children at this time.
Sharon Hart, Newport District, stated 225 feet is not an adequate
buffer between Historic St. Luke's Church and the proposed development.
She reiterated that the County does not have adequate .public facilities at this
time.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw inquired with respect to proffers (9) and (10)
how a buffer is defined.
County. Attorney Stroman answered that the proffer is defined to what
the developer has put down in writing. He stated the Board does not have
sufficient details in the proffers to determine what the buffer. consists of and
the developer is bound only by his written proffers.
Supervisor Bradshaw asked the County .Attorney to explain what
proffer (13) entails.
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County Attorney Stroman advised that the developer is giving
approval to the Planning Commission for design and layout, .but the terms
are not defined. He stated if the .developer presented a design and layout
that the Planning Commission denied, but the developer proceeded with, it
would be a situation that he would recommend the Board litigates
Supervisor Bradshaw inquired what proffer (14) entailed.
County ..Attorney Stroman stated proffer (14) is vague and it would
only mean what it would mean to a judge, and the same for proffer (15).
Supervisor Bradshaw inquired if the Planning Commission agreed to
the exceptions in proffer (16).
Mr. Hartley advised that the Planning Commission recommended
denial and were in receipt of these proffers when they made their
recommendation to the Board.
Supervisor Clark noted traffic and congestion concerns as the
proposed .development is in close proximity to an already congested
intersection. He stated before he would favorably consider any proposed
development in proximity to Benns Church and Historic St. Luke's Church,
it would have to have an extremely wide landscape and vegetated buffer
zone. He stated there are also not adequate public facilities in place at this
time.
Chairman MacManus referenced a letter from the Department of
Interior which stated that landscape surrounding a rural church is critical to
its identity, and Historic St. Luke's Church was originally built as a rural
church and has remained so for approximately 350 years. He continued that
the fact that there is no other church like this in the United States imposes a
very high standard, if at all possible. He stated the Department of Interior
did recommend that the buffer be larger. He commended the developer for
working with the County to provide full cash proffers for the single-family.
detached homes and age restrictions; however, proffers don't only pay for
schools, but also fire and rescue and other issues. He stated he would defer
to the Department of Interior's opinion that the buffer is not sufficient to
protect Historic St. Luke's Church.
Supervisor Bradshaw agreed with Chairman MacManus' comments,
particularly with respect to the historical landmarks.
.Supervisor Bradshaw moved the Board deny the application of
Smithfield Downs Ltd. and PMP, LLC. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
19
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~i
Supervisor Bradshaw moved the Board return to the regular order of
the agenda and continue with the County Administrator's report. The
motion was adopted unanimously (5-0).
Mr. Robertson stated Supervisor Claud advised staff at the Board's
regular meeting of February 20, 2003 that he had received a call from a
livestock owner advising that his cattle .had been killed by a pack of wild
dogs. He noted that the Board had directed staff at that time to research the
matter and report back to the Board on whether or not compensation can be
received by the livestock owner for his loss of livestock. He stated staff then
contacted the Animal Control Department and was advised that the livestock
owner had appropriately advised that Department of the death of 36 heads of
cattle.
Animal Control Officer Barlow advised that several dogs have been
trapped and/or killed in the area that the livestock was killed; however,. no
dog owners have been identified: He stated relative to the provisions of the
Code of Virginia, the value of the livestock and compensation due to the
livestock owner is $11,400.
Supervisor Claud moved the Board .compensate the livestock owner in
the amount of $11,400, to be taken from the County's contingency fund, for
the deaths of thirty-six (36) cattle caused by wild dogs under the provisions
of the Code of Virginia.. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no .Supervisors voting against the motion.
Mr. Robertson stated this is a State Code provision that does not
afford the County the ability to say "no", nor the flexibility of the Board
determining its own value, and the Board may wish to direct staff to pursue
this as part of the County's legislative priorities.
Supervisor Bradshaw moved that the Board direct staff to send a letter
to Delegate Barlow and Senators Councill and Quayle, with a copy to the
Virginia Association of Counties, advising the details of this incident and
the hardship .placed upon the County as a result. The motion was adopted by
a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor Claud moved that staff be directed to evaluate the current
claim form and develop a formal way to process these types of claims in the
future: The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the. motion.
2b
eooK 21 ~~.:-F s~.~
County Attorney Stroman recognized and thanked Officer Bazlow for
his diligent and professional manner during the investigation.. He noted that
he would soon be leaving the employ of the County, and extended his best
wishes and offer for employment with the County in the future should he
desire to return.
County Administrator Casket' requested that the Board consider
appointments for the County's 2004 assessment to the Board of Assessors.
Supervisor Claud moved the Board appoint James W. Holland,
representing the Windsor District, on the Board of Assessors. The motion
was adopted unanimously (5-0).
Supervisor Clark requested the Director of Budget and Finance
provide him with information on how often the Board of Assessors meet and
the amount of compensation received.
//
Chairman MacManus called for Old Business.
A. Vote of Supervisor Bradshaw/Certification Resolution for
Closed Session
With respect to the vote on closed session at the Boadd's June 5, 2003
meeting, Supervisor Bradshaw voted "yes" to the Certification Resolution
considered by the Board following their closed session.
Supervisor Clark moved the Board appoint Sandy Schlaudecker to the
Youth Services Advisory Board, representing the Newport District. .The
motion was adopted unanimously (5-0).
Supervisor Clark requested that staff be directed to provide Ms.
Schlaudecker with a copy of the .Youth Services Advisory Board budget, its
mission statement, and a copy of its bylaws.
Supervisor Claud moved that the Board direct staff to send a letter to
all the local newspapers advising that the Board would appreciate their
posting meeting notices for the various .boards, per the request of citizens.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and. Claud voting in favor of the motion, and no
Supervisors voting against the motion.
County Administrator Caskey presented a resolution in recognition of
the contributions of Reverend Joseph J. Ferguson for the Board's
consideration.
Supervisor Bradby moved the Board adopt the following Resolution:
21
T;
eaa~ 2i •.,, Efi
RESOLUTION IN RECOGNITION OF THE
CONTRIBUTIONS OF REVEREND JOSEPH J. FERGUSON
WHEREAS, Reverend Joseph J. Ferguson has had a significant impact
on the lives of citizens in Isle of Wight County; and,
WHEREAS, Reverend. Ferguson has served faithfully and capably as
Pastor of Chapel Grove United Church of Christ from December 1971 until -
his retirement in December 1998; and,
WHEREAS, Reverend Ferguson's contributions of time and talent as a
Pastor and Teacher have significantly improved the quality of life for many
citizens inlsle of Wight County; and,
WHEREAS, the members of Chapel Grove United Church of Christ in
cooperation with other area churches will honor Reverend Ferguson.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express its appreciation for the significant contributions of Reverend Joseph-
J. Ferguson to the citizens of Isle of Wight County.
The Resolution was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman MacManus called for New Business.
County Administrator Caskey notified the Board that the County has
been advised that it has received a NACo "Best of Category" 2003
Achievement Award, based on the category for rural communities for the
Nike Park Skate Park.
Chairman MacManus .requested that staff prepare a letter of
appreciation from the Board to the Director of Parks and Recreation and the
families who made the skate park at Nike Park a reality.
Chairman MacManus reported for the Board's information that he
recently attended the kick-off for the Jamestown 2007 Recognition program.
He stated .flags would be flown at Boykins Tavern and the Town of
Smithfield for its new schoolhouse museum project.
Chairman MaclVianus inquired if the Board .would be supportive of
contributing $5,000 from the County's contingency fund in the reserve for
next fiscal year, in conjunction with Smithfield .Foods and .the Town of
22
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Smithfield, to make a permanent establishment for musical performances in
the Town of Smithfield.
.The Board noted its concurrence that it would be agreeable with
considering the request next fiscal year.
//
County Attorney Stroman requested a closed session pursuant to
Section 2.2-3711.A.7. of the Freedom of Information Act concerning
consultation with legal counsel regarding actual or probable litigation or
matters requiring the provision of legal advice; under Section 2.2-3711.A.1
regarding a personnel. matter; and under Sections 2.2-3711.A.3 and 6
concerning discussion or consolidation of the requisition of real. property for
a public purpose and the investing of public funds where discussion in open
meeting would adversely affect the County's position,
Supervisor Claud moved the Board enter closed session for the reasons
stated. The motion was adopted unanimously (5-0). .
Supervisor Bradshaw moved the Board return to open session. The
motion was adopted unanimously (5-0).
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, Section 2.2-3712.D 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
23
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NAYS:0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
.Supervisor Bradshaw moved the Board change the meeting time from
2:00 p.m. to 4:00 p.m. for the Board's July 3, 2003 meeting and direct staff
to advertise accordingly. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board direct a response on the. real
property matter discussed in closed session. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor Clark moved the Board .appoint Thomas Finderson to the
..Board of Assessors, .representing the Newport District... The motion was
adopted unanimously (5-0).
/I
At 8:45 p.m., Supervisor. Bradby moved .the Board adjourn. The
motion was adopted unanimously. (5-0).
~~~..~.
Richard K. MacManus, Chairman
W. Doug C key, Cle
24'