08-07-2003 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD. THE SEVENTH DAY OF AUGUST IN THE
YEAR TWO TI-~OUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw
Henry H. Bradby
Robert C. Claud, Sr, .
Atso Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey Mills Storm, Recording Secretary
Chairman MacManus called the meetingto order at 4:00 p.m.
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Chairman MacManus 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.
County Attorney Stroman requested that an additional transportation
matter be added to the agenda, as requested by the County Administrator,
.and that six (6) items be added to the Closed Session, as follows: a matter
pertaining to advice of counsel regarding specif c legal matters under
Section 2.2-3711-A.7 of the Code of Virginia, two (2) ~ items regarding
discussion of a prospective business prospect where no prior announcement
has been made under Section 2.2-3711.A.5; a matter involving investment
of public funds where the discussion and open meeting would jeopardize the
bargaining position of the public. entity under Section 2.2-3711.A.6; and,
three (3) personnel matters under Section 2.2-3711.A.I, for a total of twelve
(12) closed session items.
Supervisor Claud moved the Board approve the Agenda, as amended.
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 called for Special Presentations.
Grace Keen, Chairman of the Beautification Committee, requested the
Board support a ceremony in memory of the victims of September 11, 2001.
and in honor of the County's emergency and law enforcement personnel.
Supervisor Claud moved that the Board approve her request to hold
such. ceremony on September l 1, .2003 at 8:45 a.m. at Riverview Park
Memorial Garden in Smithfield. 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.
Mrs. Keen further requested that the County consider the designation
of an annual "Day of Remembrance and Honor for September 11, 2003" in
the County.
Chairman MacManus moved that the Board direct staff to investigate
what the Federal and State governments will be doing to recognize this
significant date and provide a report back to the Board for action. 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.
Glenn T. Rountree, Isle of Wight County. Extension Agent, briefed the
Board on the impact to the poultry operations in the County as a result of the
recent closing of the Perdue operations. He distributed a Perdue Press
Release dated June 20, 2003 addressed to the fifteen (15) contract growers
in the State of Virginia, eleven (11) of which are located in the County. He
stated the impact to the County will be approximately $1.485 million dollars
in lost gross income, He stated there are limited substitutions for .poultry
houses. He further stated he recently spoke with Jack Kelly, a government
liaison between Perdue and government agencies, who informed him that
each company was compensated in the five (5) figure range and that Perdue
continues to do a lot of business in the Commonwealth of Virginia..
Supervisor .Bradshaw moved that the Board direct the County
Administrator and the County's Extension. Agent to draft a letter to the
members of Congress and the .Senators expressing the County's. concern and
requesting their .support responsive to the cancellation of the Perdue
contracts in the County. Staff is to include in the letter the negative impact
the recent farm bill has had on the County, as well as to the County's plans
for preserving farmland in the County. Staff is also to determine if there is
any applicable disaster aid available. 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 MacManus indicated the Consent Agenda (Item 2) included
the following items:
. DEQ/Public Notices for July 28, 2003
Information on Southern Growth Policies Board
. Resolution to Authorize Submission of a Grant Application and
to Accept and Appropriate Funds from the Virginia Department
of Health for Youth Programs
. Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Technology Planning for E-911 Wireless
Services
Resolution to Accept and Appropriate $38,779 from the Office
of Domestic Preparedness Equipment Grant Program
..Resolution to Accept and Appropriate. $111,495 from the Office
of Domestic Preparedness Equipment Grant Program
Resolution of Gift of a Mobile Radio Unit to the Chuckatuck
Volunteer Fire Department for Use in Providing Fire Services
Administration Building Construction and Renovation Progress
Report
Resolution to Revise the Isle of Wight County Travel Policy
. Action List Status Update
. July 3, 2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
Supervisor Claud moved the Board adopt the above Consent Agenda.
The motion was adopted by a vote of (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 motion.
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Chairman MacManus called for Regional Reports.
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Supervisor Claud reported there will be a meeting of the Executive
Committee of the Coalition of High Growth Communities on Monday,
August 11, 2003 at 4:45 p.m. at the LGOC Conference in Norfolk. He
stated he would report back to the Board on the results of that meeting.
County Administrator Caskey reported he attended the South Public
Service Authority (SPSA) meeting. He noted one of the primary points of
discussion was a Bill comparable to Senate Bill 592 that may be
reintroduced in the upcoming General Assembly session whereby the
Governor is proposing to impose a $5 per ton fee on waste disposal in
Virginia.
Chairman MacManus noted that he would be attending a SPSA
committee meeting on Tuesday and will follow-up on this issue.
Supervisor Bradshaw reported that the LGOC Conference is scheduled
for the upcoming weekend, and that he would be attending the VACo Board
of Directors meeting on Sunday, August 10, 2003.
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Chairman MacManus called for Transportation Matters.
Chairman MacManus congratulated James A. Randolph, Planner, on
his recent appointment to the Town of Windsor.
Mr. Randolph presented the final Revenue Sharing Program
allocations for Fiscal Year 2003-2004. He noted that VDOT will be funding
Muddy Cross Drive, Campbells Chapel Drive and the Duck Town Road
projects.
Supervisor Claud. moved that the Board authorize the County
Administrator to sign a letter to VDOT requesting a bill for any local
contributions to the Revenue Sharing Program. 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.
County Administrator Caskey -noted VDOT, and its consultant,
conducted a recent public scoping meeting to study the proposed
improvements and possible realignment of Route 460 between the
Petersburg area and Hampton Roads. He stated the. Board made a motion at
its July, 2001 meeting that its supports an alignment that is approximately
the current Route 460 alignment in .the existing towns along the Route 460
corridor, as illustrated in the County's Comprehensive Plan. He
recommended that the Board adopt a Resolution to Support an Alignment. of
U.S. Route 460 that is in Proximity to the Current Alignment which
reiterates the position the Board took in July, 2001 and provides clarity to
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issues that may need to be considered as VDOT continues to move forward
with its consideration of this project.
Supervisor Claud stated VDOT was previously looking. at an area
north and south of the existing Route 460, and is now considering Route 10
south to Route 460. He expressed concern with the proposed route through
the County several miles north. of the existing Route 460 that is being
discussed. He encouraged the Board to exert its influence'to ensure that this
thinking is stopped early as any interstate highway through the middle of the
County would be devastating. He recommended, in addition to sending the
Resolution, that staff set a meeting with representatives of Norfolk Southern
as it would be of interest to the railroad to have the new road located in close
proximity to it, as well as reactivating the subcommittee of the Hampton
Roads Planning District Commission of the cities and counties that were
interested in the Route 460 project. He further recommended that staff
coordinate its efforts with the Town of Windsor. He requested that staff
investigate and make contact with the General Assembly members that were
on the Route 460 committee and solicit. their support.
County Administrator Caskey recommended that language be added to
the second page of the Resolution to state, "to conduct an analysis of the
economic impact to those specific areas and/or incorporated towns affected
by any proposed realignment of the Route 460 corridor." He further
recommended that, in the last paragraph, "that the Board of Supervisors
requests VDOT to also evaluate the potential impacts to the land use and
character of the areas included in any proposed realignment" be added.
Chairman MacManus stated the economic development model, in
addition to the County's Comprehensive Plan, needs to be supported by the
Route 460 project, as well as to the neighboring communities to the east and
west. He noted that the upcoming Local Government Officials Conference
would be an opportune time to find out who is in favor of keeping the
original Route 460 alignment and even discuss a VACo sponsored task
force.
Supervisor Claud moved that the Board approve the following
Resolution, as amended, and that the Board authorize staff and him to
pursue a meeting with the railroad and others, as appropriate, to ensure that
the County's interest is protected in the Route 460 Study:
RESOLUTION TO SUPPORT AN ALIGNMENT OF
U.S. ROUTE 460 THAT IS IN PROXIMITY
TO THE CURRENT ALIGNMENT
WHEREAS, the Virginia General Assembly has enacted legislation to
require the Virginia Department of Transportation to solicit proposals for
improvements to U. S. Route 460 between Hampton Roads and the
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Richmond-Petersburg metropolitan area under the Public-Private
Transportation Act of 1995; and,
WHEREAS, the U. S. Route 460 Corridor provides a gateway to
southside Hampton Roads, as well as, an evacuation route in the event of a
natural disaster or terrorism; and,
WHEREAS, U. S. Route 460 is important to the well-being of
economic development in Isle of Wight County; and, .
WHEREAS, at its regular meeting on July 19, 2001, the Board of
Supervisors unanimously adopted a motion supporting an alignment of
Route 460 that is in proximity to the current alignment and the existing
Towns along the Route 460 Corridor, as illustrated in the County's
Comprehensive Plan and supported by the County's economic development
strategy.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that
the Board of Supervisors reiterates its support of an alignment of Route 460
that is in proximity to the current alignment and the existing Towns along
the Route 460 Corridor.
BE IT FURTHER RESOLVED that the Board of Supervisors of the
County of Isle of Wight County, Virginia requests the Virginia Department
of Transportation (VDOT) to consider expanding the Route 460 study area
to include additional land .area south of the current Route 460 alignment.
BE IT FURTHER RESOLVED that the Board of Supervisors requests
VDOT to conduct an analysis of the economic impact to those specific areas
and/or incorporated Towns affected by any proposed realignment of the
Route 460 Corridor between Hampton Roads and the Richmond-Petersburg
metropolitan area.
BE IT FURTHER RESOLVED that the Board of Supervisors requests
VDOT to also evaluate the potential impacts to the land use and character of
the areas included in any proposed realignment of Route 460 between
Hampton Roads and the Richmond-Petersburg metropolitan area.
The motion was adopted (S-0) with Supervisors MacManus, Bradby,
.Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Claud requested the status of the .drainage problems in
Central Hill.
Supervisor Bradshaw requested that. Mr. Randolph set up a meeting
with Messrs.. Walker and Uzzell.
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Supervisor Clark requested that Mr. Randolph investigate the status of
the drainage complaints on Battery Park Road from residents in Gatling
Point.
Supervisor Clark moved that the Board direct staff to notify VDOT
that the Gatling Pointe Community. Association. is desirous of having a
speed limit reduction on Battery Park Road at the intersection of Gatling
Pointe South and North. 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.
Supervisor Clark. requested that Mr. Randolph take appropriate action
to install plastic dividers in the middle of Route 17 so that motorists can not
enter into the Food Lion southbound on Smith's Neck Road and also a left
turn out of Food Lion going south on Smith's Neck Road.
Mr. Randolph notified the Board of a meeting he has scheduled with
the VDOT Resident Engineer on Monday, August 11, 2003 to advise him of
current projects and Board requests.
Supervisor .Bradshaw moved that the Board direct .staff to pursue
setting a meeting with the Commonwealth Transportation Board
representatives in the area to discuss drainage issues, Staff is to .take
pictures to present at the meeting illustrating the drainage concerns in the
County. Delegates Barlow and Councill and Senators Lucas and Quayle are
to be invited to the meeting. 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 called for Citizens Comments.
Albert Burckard advised the Board that the Isle of, Wight Historical
Society is currently working towards submitting an application to request
Nike Park be designated a State Historic District status. He requested the
Board's support in this regard in the form of a resolution.
Supervisor Bradshaw moved that the Board direct Mr. Burckard, as a
member of the Isle of Wight Historical Society, to meet with the appropriate
members of staff and have information available that would be provided to
the Board if a resolution is to be presented to the Board at its August 17,
2003 meeting regarding what the commitments would be of the County and
have the County Attorney review and make a determination on the impact to
the County, if a designation is approved. 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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Steve Edwards requested that the Board appoint a group of individuals
involved in various agri-businesses and, more specifically, the equine
business, to investigate the feasibility of introducing more equine business
opportunities into the County.
Chairman MacManus noted that Mr. Edward's request would be
discussed under New Business.
Harold West read a letter from Diane Stallings dated August 6, 2003
in regard to concerns with water pressure at her home in Zuni.
Chairman MacManus noted that Ms. Stallings .concern would be
discussed under the Public Utilities report.
Dexter Phibbs relayed his concern about an erosion problem occurring
between lots 502 and 504 on Cannon Drive. He ..distributed pict~.~res
illustrating the problem, and noted that there are also two (2) large trees that
will cause additional damage if not addressed immediately as they are on the
verge of falling.
Chairman MacManus noted .that Mr. Phibbs' concern would be
addressed under the Community Development report.
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman noted that for reasons set forth in his
privileged and confidential memorandum to the Board, he would
recommend that the Board not include liens for unpaid utilities charges in
the amendments to the utilities ordinances tentatively set for public hearing
on August 21, 2003. He stated the Board might wish to revisit this issue at
a later date.
County Attorney Stroman noted that he has requested a closed
meeting later in the meeting to discuss two (2) matters concerning actual or
probable litigation and/or requiring the provision of legal advice, in addition
to those added at the beginning of the meeting.
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Chairman MacManus called for the Community Development Report.
Jonathan W. Hartley, Director of Planning and Zoning, presented the
request of Isle of Wight County for .the construction of the Administration
Building adjacent to the Courthouse Complex which is located in the
Courthouse Historic District for the Board's consideration. He noted that
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the Historic Architectural Review Committee recommended approval of the
request by a unanimous vote.
Brian V. Camdem, Powell Management Association, Inc. presented
the master plan for the new Administration Building, to include samples of
the exterior colors, as well as guttering, shingles, trim, brick and light
fixtures.
Supervisor Claud moved .the Board approve the request of Isle of
Wight County, as recommended by the Historic and Architectural Review
Committee. 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.
Mr. Hartley stated pursuant to comments made during an audit of the
County's erosion and control program, he has previously forwarded a draft
copy of the Sediment Control Ordinance, as well as a listing of the
comments made, to the Board. He recommended that. the Board authorize a
public hearing for the Board's September l 8, 2003 meeting.
County Attorney Stroman requested additional time to review and
make his recommendations on the revisions to the Sediment Control
Ordinance.
Supervisor Bradshaw asked with respect to land disturbing activity,
what criteria is used for determining. wind erosion and, with respect to
transporting, what is the quantity defined? He inquired what flexibility does
the County have with respect to this Ordinance.
County Attorney Stroman noted that part of his review would include
a comparison with the enabling legislation and regulations.
With respect to the erosion concern stated by Dexter Phibbs under
Citizens Comments, Supervisor Clark moved that the Board direct Mr.
Hartley and staff to bring back at the Board's August 21, 2003 the prior bids
and any additional bids so that the Board can take action on the work to
proceed within the County's drainage easement. 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 called for the Parks and Recreation Report;
Alan S. Nogiec, Director of Parks and Recreation, reported that staff
solicited proposals for forestry consulting services relevant to the Phase I
construction of the Central .County Park Phase I. He stated .two (2)
responses were received and interviewed by a two (2) member panel. He
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stated the panel recommends the contract be awarded to Woods, Water and
Wildlife, Inc. Consulting. He further stated the County Attorney has
reviewed the contract and recommends an amendment to include that non-
discrimination and drug free workplace clauses be incorporated.
Supervisor Claud moved the Board approve the contract with Woods,
Water and Wildlife, Inc. Consulting for forestry consulting services to
include the appropriate non-discrimination and drug free workplace
language as recommended by counsel. The motion was adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in
favor, and no Supervisors voting against the motion.
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Chairman MacManus called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, stated pursuant
to Board discussion, adjustments to the water and sewer user rates, to be
effective January 1, 2004, are now offered for consideration. He further
stated. staff also included a leak credit refund policy that was originally
included in the Water Ordinance, however, inadvertently omitted in some
later revision. He requested that the Board authorize the County Attorney to
advertise the proposed amendments to the Water and Sewer Ordinances for
public hearing on August 21, 2003.
Supervisor. Bradshaw stated he is still adamantly opposed to
increasing any of the rates at this time. He stated it was known that it would
take at least ten (10) years after the funds were borrowed. for. the system to
become revenue generating and he is concerned with penalizing the
customers of the two (2) systems located in his district.
Supervisor Claud commented that with respect to the Zuni .system,
under discussion later in the agenda is consideration of a contract to replace
the entire distribution system, and the effective dates of these rates, if
approved,. would be January 1, 2004. He noted that the Board previously
made a motion to allow the Director of Public Utilities to have discretion
with how increases will be handled for the flat rate unmetered customers
when improvements were going to be made to the system between January
1, 2004 and June 30, 2004. He stated it is conceivable .that the Zuni
residents will not see this increase until after completion of the distribution
system.
Supervisor Bradshaw commented that the Ordinance overrides the
motion and, if the. Board adopts these rates, the rates for the Zuni system
will be $20 per month and the Director of Public Utilities will not have any
discretion to deviate from this rate.. He stated unless -the Board includes
language in the Ordinance that the Director of Public Utilities has this
authority, then he does not have any discretion.
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County Attorney Stroman confirmed .that. the Ordinance, as drafted,
would provide a blanket assessment of rates. He stated the Board would
.have sufficient time to include an amendment because these changes would
not be effective until January, 2004 and staff could come back to the Board
with additional language providing the Director of Public Utilities discretion
to address this problem.
Supervisor Claud moved the Board authorize the County Attorney to
advertise the proposed amendments to the Water and Sewer Ordinances for
a public hearing on August 21, 2002. The motion was adopted (3-2) with
Supervisors MacManus, Clark and Claud voting in favor, and Supervisors
Bradshaw and Bradby voting against the motion.
Mr. Rountree stated with respect to the Public Works Public Utilities
Operations Building bids, six (6) were received with the low bid of
$340,400 being submitted by J. R. Wills and Sons, Incorporated. He stated
the recommendation. ofstaff is to approve this contractor.
Supervisor Claud moved. the Board approve the low bid of J. R. Wills
and Sons, Inc. in the amount of $340,000 and authorize the Chairman to
sign the construction contracts after a ten (10) day waiting period and.
review and approval by the County Attorney. The motion was adopted. (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor, and no Supervisors voting against the motion,
Mr. Rountree stated bids were opened for the construction of the
offsite water main to serve the Nevamar Particleboard Plant with the low bid
being received by Tidewater Utility Construction, Inc. in the amount of
$118,962.46. He stated staff recommends the Board approve this
contractor.
Supervisor Claud moved the Board approve the low bid of Tidewater
Utility Construction, Inc. in the amount of $118,962.46 and authorize the
Chairman to sign the construction contracts after a ten (10) day waiting
period and review and approval by the County Attorney. The motion was
adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting
in favor; no Supervisors voting against the motion; and, Supervisor
Bradshaw abstaining from voting on the matter.
Mr. Rountree stated bids were opened for the installation of test wells
and production wells dealing with fluoride reduction at the Smithfield
Heights and Carrsville water systems. He stated the County's engineer, R,
Stuart Royer, has evaluated these bids and .recommends the award of Phase
1A of the project to A. C. Schultes, the low bidder, in the amount of
$191,103. He stated if Phase 1 A is successful, staff will come back to the
Board without re-bidding to request the Board approve the construction of
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Phase 1 B in the amount of $267,000 to put the test wells into a production
mode.
Supervisor Clark moved that the Board approve the low bid for Phase
1 A of A.C. Schultes of Maryland, Inc. in the amount of $191,103 and
authorize the Chairman to sign the construction contracts after a ten (10) day
waiting period and review and approval by the County Attorney. The motion
was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor, and no Supervisors voting against the motion.
Mr. Rountree stated bids were opened for the construction of a water
main. replacement to serve. the Zuni water system. He stated the County's
engineer, R. Stuart Royer, has evaluated these bids and recommends the
award of the project to the .low bidder, Nansemond .River Contractors
Corporation, in the amount of $ l 67,606.90.
County Administrator Casket' inquired how much of the cost for the
project is to be covered by the Federal grant.
Mr. Rountree stated all of the cost is covered by the grant and there are
remaining funds for engineering and easements.
Supervisor Bradshaw suggested Mr. Rountree explore the possibility
of either expanding the tank or adding another one.
Mr. Rountree stated he would discuss these possibilities when he
meets with HUD representatives next week.
.Chairman MacManus requested the County Attorney to ensure that a
penalty clause for non-performance/on schedule is contained in-all four (4)
of the contracts just discussed.
Supervisor Bradshaw moved that the Board approve the :low bid of
Nansemond River Contractors Corporation Tidewater Utility Construction,
Inc. in the amount of $167,606.90. and authorize the Chairman to sign the
construction contracts after review ten (10) day waiting period, and review
.and approval by the County Attorney. The motion was adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor, and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to evaluate the
level of funding remaining in the Federal project and report back to the
Board to determine if it is feasible to expand the storage facility at the Zuni
system. The motion was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor, and no Supervisors
voting against the motion.
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With respect to pressure concerns at the Zuni water system expressed
by Harold West during Citizens Comments on .behalf of Diane Stallings,
Supervisor Bradshaw moved that the Board approve the recommendation
providing for a temporary power supply at the Zuni water system to help
improve pressure and authorize $1,200, not to exceed $1,500, to come from
the Utilities Fund. 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 called for the Emergency Management report,
Richard O. Childress, Director of Emergency Management, presented
a Change Order from Dobson Construction Corporation to extend the
completion date for the Carrollton Fire Station Renovation and Expansion
project in the amount of ten (10) days. He noted the extension is a result of
rainy weather experienced during the month of June, 2003.
County Attorney Stroman recommended that language contained in
the Change Order to "reserve the right to claim for actual additional costs
that may be incurred as a result of the lost days of work caused by rain" be
deleted. He recommended the Board approve the Change Order upon his
review and approval and that he would delete this language.
Supervisor Clark moved that the Board authorize the Chairman to
execute the Change Order to extend the completion date for the Carrollton
Fire Station Renovation and Expansion project in the amount of ten (10)
days, subject to the review and approval of the County Attorney. 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.
Mr. Childress presented a Change Order submitted by Dobson
Construction Corporation. He stated the Board's Project Manager has
worked with Dobson. Construction Corporation to resolve certain. issues,
resulting in a reduction in the Change Order of approximately $60,000. He
recommended that the Board authorize the Chairman to execute the Change
order upon the review and approval of the County Attorney.
Supervisor Clark moved that the Board authorize the Chairman to
execute the revised Change Order in the amount of $9,404.81 for the costs
for f 11 sand and stone that had to be brought onto the site due to further
undercutting of unfit soils in the area where the building pad is to be poured,
upon review and approval by the County Attorney. 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 called for the County Administrator's report.
County Administrator Caskey presented a request from the
Camptown Elementary School and Community Reunion for a sponsorship in
the form of ads within a souvenir booklet.
Supervisor Bradshaw moved that the Board direct staff to develop a
letter for signature by the Chairman on behalf of the Board of Supervisors to
be placed in the souvenir book. 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.
Donald T. Robertson, Assistant County Administrator, reported that
the Health Department has advised that two. (2) crows have been found in
the County that tested positive for the West Nile virus. He stated staff is
moving forward with its efforts to educate the citizens and to advise as to
what types of preventive measures are available.
Donald M. Long, Director of Public Works, distributed copies of
information being provided to .citizens and various facilities around the
County, i.e., school sites, libraries, Nike Park, post offices, hardware stores,
the County's web page. and the cable channel.
Lyle D. Hornbaker, Information Services Coordinator, reported that a
recent change in the domain naming rules now allows counties in the United
States to .use the .gov name, and he has reserved
www.isleofwi htg count v~a.,gov for the County's ,use. He noted that this
change will distinguish the County from its sister county in the United
Kingdom. He requested that the Board authorize staff to send a formal
request to the .GOV Domain Manager in order to allow the County to begin
using the new name.
Supervisor Clark moved the Board accept the isleofwightcountyva.gov
domain name and authorize the Chairman to sign the required letter. 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.
Mr. Hornbaker stated staff can now provide remote .access to the
County Computer Network through a service called "GOTOMYPC." He
noted that several department heads have utilized the. service .which is
secure, fast :and inexpensive. He stated there is now an opportunity for the
individual Board members to have access to a-mail which they can check
using this server on their home computer or public computer. He noted
there is a $14 cost per month per computer, but he believes that all the
Board members could be adequately served by two. (2) computers.
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Supervisor Bradshaw moved that the Board .authorize Mr. Hornbaker
to establish one (1) computer to be utilized by .the Board members for
remote access. 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.
//
Chairman MacManus called for Old Business.
Chairman MacManus noted that staff had provided the Board with
follow-up information subsequent to the Board's request to Dr. Johnson who
had approached the Board soliciting. financial support for his project in the
restoration of the Hill Street Church,
Supervisor Bradshaw moved that the Board accept staf>'s report, as
presented. 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.
Mr. Long stated with respect to the request of Grace Keen to upgrade
the restrooms at Nike Park, he believes that the cost to make the one (1)
restroom into two. (2) restrooms would be well beyond what the County
would want to pay if the Board decides to go with the improvements listed
in the Capital Improvements Plan for 2005.
Mr. Nogiec offered to review other alternatives, such as some type of
sign identifying when the restroom is in use.
Supervisor Clark requested staff look into the feasibility of utilizing
portable bathrooms for special functions;
Supervisor Clark moved that the Board direct staff to come back with
additional recommendations for low-cost options at the Board's September
4, 2003 meeting. 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.
Mr. Hartley stated contained in the Board's agenda are draft revisions.
to the Chesapeake Bay. Preservation Area. (CBPA) Ordinance that were
prepared and recommended by the Planning Commission, as well as the
comment letter received from the Chesapeake .Bay Local Assistance
Department. He requested the Board set a work session to further discuss
this information.
Supervisor Bradshaw moved that the Board set a work session on
September 18, 2003 at 4:00 p.m. to discuss the. Ordinance and directed Mr.
15
Hartley to present the Board a summation. outlining specific areas of the
Ordinance that needs to be brought to the Board's attention and the changes
made that will impact the County. 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.
Patrick J. Small, Director of Economic Development,. informed the
Board that there would be a tour of the port facilities on September 5, 2003
from 11:00 a.m. unti12:00 p.m. He advised he would send out reminders to
the Board,
Supervisor Claud requested the status of the recycling survey.
County Administrator Caskey advised that a recycling survey was
mailed to target neighborhoods two (2) weeks ago with a return date of
August 15, 2003. He noted that staff has already received a good percentage
of responses. He advised that when the results are analyzed, he would report
back to the Board.
Supervisor Bradshaw advised that the committee is still working on
the issue of tax relief for the elderly and adjustments will be made during the
next budget process.
Supervisor Clark moved that the Board direct Mr. Hartley, Mr.
Randolph, Presidents of the two (2) homeowner's associations of Gatling
Pointe South and North and himself, as a preliminary committee, to look at
the options to protect future developments from some of the problems with
the transfer of retention ponds and the condition of the ponds when
conveyed to homeowners associations. 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.
.Supervisor Bradshaw noted he would have a report and
recommendation on how to proceed with respect to the VACo Public
Awareness Program at the Board's August 21, 2003 meeting.
Supervisor Clark moved that the Board direct Mr. Nogiec to contact
Dr. McPherson to see if there is an opportunity for infrastructure. to be put in
place to share a lighted adult baseball field in the northern end of the County
(for all athletic fields). 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.
Supervisor Bradshaw requested the status of the Franklin over billing.
Mr. Rountree noted the issue of over billing by the City of Franklin is
still under review by staff
16.
//
Chairman MacManus called for New Business.
With respect to Steve Edward's request under .Citizen Comments
regarding .the Agriculture/Equine business, County Administrator Casket'
noted that he would meet with. Mr. Small and the County's Extension Agent
to discuss options. He noted that Mr. Small would be providing information
to the Board at its September 4, 2003 meeting on what will be required by
his office to provide additional staff resources to the agricultural business.
Supervisor Bradshaw stated Mr. Small's :comments followed the
Comprehensive Plan strategy, which places very little emphasis on the
equine industry. He stated he would like more specifics at the September 4,
2003 report. `
Mr. Hornbaker addressed the Board on the County's Internet
connection status. He informed the Board that recently the Internet
connection was down for approximately two (2) days and that the County
has outgrown the Internet connection it now shares with the school system.
He stated the Internet connection is utilized by staff for data
communications, critical a-mails are lost when the connection goes down at
times, and staff recently used it for the VOPEX exercise during a Sunry
Nuclear Power drill. He stated. the Virginia Criminal Information Network
has now required the County to move from a dedicated line to the. Internet to
provide their broadcast bulletins. He stated the connection has served the
County well up to this point, but it was designed to provide service to the
schools and there are times it is difficult for him to get a response from
WHRO and Verizon when a problem occurs.
Sherri Bush, Director of Emergency Communications, stated that the
Virginia State Police is requiring that the County go from its dedicated
circuit to a private network. She stated the .County has the opportunity to
get certain equipment free of charge, however, the County must determine
its provider, but what the County has right now through WHRO is not
reliable. She stated if the Internet is down, .law enforcement will not able to
run license tags and perform other checks which affect officer and public
safety.
Supervisor Bradshaw moved that the Board direct Mr. Hornbaker to
further investigate the County's Internet options and report back to the
Board. 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 requested staff to investigate why some calls into the
Courthouse telephone switchboard are lost. He explained that there have
been times when he calls into the Courthouse that his line rings continuously
17
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soU~ 21 °N~J•~ ` i
and goes unanswered, but when he hangs up and calls back, his call is
immediately answered. He noted this problem is not caused by the
receptionist, who is always polite and professional, but with the switchboard
line itself
County Administrator Casket' noted this problem has occurred from
time to time in the past, and he would have staff investigate the problem.
County Administrator Casket' noted that a pipeline dedication
ceremony. will be held on October 17, 2003 from 11:00 a.m. until
approximately 2:00 p.m. He further noted that the location has not yet been
determined.
County Attorney Stroman presented two (2) contracts between Parks
and Recreation and the Lamar Companies for signage at the County Fair.
He recommended that the Board authorize the County Administrator to enter
into these agreements, subject to the review and approval of the County
Attorney.
Supervisor Claud moved that the Board authorize the County
Administrator to enter into the two (2) contracts with the Lamar Companies
for signage at the .County Fair in the sums of $600 and $500 respectively,
subject to the County Attorney's review and approval. 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 MacManus moved that the Board direct staff to prepare
letters to be sent to the Senators and Congressmen requesting their
assurance that if there is an oil breech during the removal of the ghost fleet,
that there will be adequate environmental protection to .keep damage from
occurring to the water and shoreline. A suggestion should be made to the
HRPDC that other border communities. should also be sending letters to
ensure their communities are also protected. 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 Appointments.
Supervisor Bradshaw appointed A.C. Perry, Jr., replacing Gary Falls,
representing the Carrsville .District on the Isle of Wight Substance Abuse.
Advisory Council. The motion was adopted unanimously (5.0).
18
eaoK 21 •~ °7~8
Chairman MacManus requested Mr. Robertson to determine if
Kristina Steiger is still able to serve as the under 18 member on the Youth
Services Advisory Board.
//
County Attorney Stroman requested a closed meeting to discuss six
(6) matters pertaining to advice of counsel regarding specific legal matters
under Section 2.2-3711-A.7 of the Code of Virginia; two (2) items regarding
discussion of a prospective business prospect where no prior announcement
has been made under Section 2.2-3711.A.5; a matter involving investment
of public funds where the discussion and open meeting would jeopardize the
bargaining position of the public entity under Section 2.2-3711.A.6; three
(3) personnel matters under Section 2.2-3711.A.1.; and a personnel and
litigation item pursuant to Section 2.2-3711.A.1. and A.7.
Supervisor Claud moved that the Board enter closed session for the
reasons stated. 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 the Board return to open 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.
Upon returning to open session, Supervisor Bradshaw moved that 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.
19
1
VOTE .
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Clark moved that the Board deny the claim of Dr. Daniels.
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 the Board authorize the payment for
compensatory time from the contingency fund for the employee 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 that the Board authorize the County
Administrator to execute the letter in connection with the economic
development matter discussed in closed session. The motion was adopted by
a vote of (S-0) with Supervisors MacManus, .Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting. against the
motion.
//
At 9:45 p.m., Supervisor Claud moved that the Board adjourn its
meeting. The motion was adopted unanimously (5-0).
`~
Richard K. MacManus, Chairman
W. Dou as skey, Clerk
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