11-06-2003 Regular MeetingeooK 22 ~M':` ~$
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD .THE SIXTH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw
Henry. H. Bradby
Robert C. Claud, Sr.
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator
Carey Mills Storm, Recording Secretary
Chairman MacManus .called the meeting to order at 4:00 p.m.
//
Supervisor Claud delivered the invocation.
//
The Pledge of Allegiance was conducted.
/i
Chairman MacManus called for approval of the agenda
County Attorney Stroman requested that the application of Roland H.
Lewis under Old Business follow. Citizens Comments; that the issue of
fluoride compliance/Carrsville Water System Engineering under Public
Utilities be moved to after the closed meeting; and, that three (3) matters be
added to the closed meeting,. for a total of four (4) items.
Supervisor Bradshaw requested that a personnel matter be added to
those matters to be discussed in the closed session,
County Administrator Caskey noted that the Director of Economic
Development would like to introduce a new County employee to the Board
and he would have a late .item that could come under his section of the
agenda.
Chairman MacManus requested a special presentation. be added
concerning certain items received from Heather Humbly from Isle of Wight,
England.
1
®~VK FBI f.~r ~n~~
Supervisor Bradshaw 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.
//
Chairman MacManus .called for Special Presentations.
Patrick J. Small, Director of Economic Development, formally
introduced Wade Taylor to the Board as the County's new Business
Development Manager in the Department of Economic Development.
Chairman MacManus displayed various gifts that were presented to
the County on behalf of Heather Humbly, Isle of Wight, England. They
included an Isle of Wight, England flag, already on display in the 3oard
Room, in addition to glassware, a book, and coins to be displayed
downstairs in the Courthouse.
//
Chairman MacManus indicated the Consent Agenda included the
following items.
A. DEQ/Public Notices for 10/20/2003
B. Hampton Roads Metropolitan Planning Organization
(MPO) Boundary
C. Planning District Boundaries
D. Operational Medical Director Agreement
E. Resolution to Accept and Appropriate $1,900 in Donations for
Various County Programs
F. Resolution to .Appropriate $47,500 from the Unappropriated
General .Fund .Balance for Rural Economic Development
Initiatives
G. Resolution to Accept and Appropriate $671,940 from the State
and Federal Governments for Carryover Grant Programs
H. Resolution to Appropriate $197,000 from the E-911 Fund
Balance for the Purchase of a Computer Aided Dispatch and
Records Management System.
2
i
®ooK 22.Fn~ 68
L Resolution to Appropriate Funds from the Designated Fund
Balance for the Completion of Various Carryover Operating and
Capital Projects
J. CIP FY 2005-09 Kick-Off
K. Strengthening Families Program
I.. Isle of Wight County Administration Building and Carrollton
Volunteer Fire Department -Construction and Renovation
Progress Report
M. Resolution to Accept and Appropriate Funding from the
Virginia Department of Motor Vehicles
N. Holiday Schedule
O. Action List Status Update
P. Continued Meeting Minutes of October 2, 2003
Q. Regular Meeting Minutes of October 2, 2003
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.
//
Chairman MacManus .called for Regional Reports.
Supervisor. Claud reported that the primary topic of discussion at the
Hampton Roads Planning District Commission meeting was tax reform. He
noted that the Commission has not taken a position as to which way the
State should go; however, the Commission is providing facts and figures to
the various localities and the members of General Assembly for their
consideration during consideration of tax reform issues.
Supervisor Claud noted that with respect to the Western Tidewater
Water Authority, the City of Portsmouth entered .into an agreement last year
with the City of Norfolk to purchase up to 10,000,000 gallons per day of
water for drought relief purposes. He stated the idea was to connect the
Lake Prince Reservoir to the Western Branch Reservoir,. a distance of
approximately 4.4 miles. He stated the Authority felt it would be to the
County's advantage if the County were owners of the pipeline and an
agreement was reached with the City of Portsmouth that the pipeline does
belong to the Water Authority which connects the two (2) lakes. He noted a
3
eoeK ~ 22~ .~::- ~~
dedication ceremony was held on October 17, 2003. He stated the line was
oversized to handle .additional flow over and above the 10,000,000 gallons
that Portsmouth could potentially purchase from Norfolk. He stated there
will be some capital expenditure necessary for that portion of the line to take
care of the additional expense.
Supervisor Claud reported that the next meeting of the .Coalition of
High Growth Communities would be held on Monday, November 10, 2003
at the VACo Conference.
Supervisor Bradshaw reported that the Board of Directors of the
Virginia Association of Counties will be holding their meeting on Sunday
morning, November 9, 2003 at 9:00 a.m., with Committee meetings
following. He stated VACo has taken the position for the previous two (2)
years to request that. the General Assembly eliminate .the State
Compensation Board. He noted that the Resolutions Committee wou'.d be
meeting on Monday, November 10, 2003 at 7:00 a.m. to .finalize the
development of the plan. He stated the second Vice-President of VACo was
recently defeated. in the election and there will be two (2) office vacancies at
the Conference. He stated VACo has been heavily involved with the
Finance Committee with the tax study commission and additional
information regarding that will be forthcoming.
Supervisor Clark reported that he stressed at the most recent meeting
of the Mid-town Business District Association that smaller counties are
more customer oriented.
Supervisor Clark reported the Western Tidewater Regional Jail
Authority is currently undergoing security upgrades.
Chairman MacManus reported that the Southeastern Public Service
Authority (SPSA) did receive the Gold Medal Award for the best operation
of any solid waste operation in North America. He noted SPSA is also
reviewing leverage leased opportunities whereby there is an .opportunity to
sell a building and lease it back to receive some cost reduction. He stated it
will allow the public sector to reduce their costs in the long term. He noted
there is a resolution to oppose a trash tax being: proposed for the upcoming
session of the General Assembly.
Chairman MacManus reported it is a consensus of the .Hampton Roads
Mayors and Chairs Caucus that the Federal impact for aid. on human
services be addressed. He stated the communities discussed working
together to solicit the support of Congress. He stated the State has increased
its funding from $40,000 to $500,000 to support and protect against base
closures.
Chairman MacManus reported at the most recent meeting of the
Hampton Roads Economic Development Alliance there was discussion of
.u
4
eooK 22..~p 70
joining with the Peninsula .Economic Development Alliance to bring the
Hampton Roads area together as a single unit.
//
Chairman MacManus called for. Transportation Matters.
Mr. Hartley presented a Resolution Requiring the Installation of
Certain Signs at Road Entrances to Subdivisions which staff recommends
the Board adopt.
Supervisor Claud moved the Board adopt the following Resolution:
RESOLUTION REQUIRING THE INSTALLATION OF CERTAIN SIGNS
AT ROAD ENTRANCES TO SUBDIVISIONS
WHEREAS, the Board of Supervisors. has recognized that certain
signs at entrances to subdivisions need to be installed; and,
WHEREAS, it is necessary that such signs be installed for the
protection and safety of citizens residing within such subdivisions.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that:
1. Developers of new subdivisions shall be required, at their cost, to
install "WATCH FOR CHILDREN" and "Speed Limit" signs at all
road entrances to new subdivisions and at other locations approved
by the County and the Virginia Department of Transportation.
2. The Virginia Department of Transportation shall be requested to
install "Watch for Children" and "Speed Limit" signs at all road
entrances to existing subdivisions at the appropriate locations upon
notification by the County Administrator or his designee. The cost
of such signs shall be charged to the Secondary Construction 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.
Mr. Hartley presented a Resolution Requesting the Installation of
"Pedestrian Crossing Ahead" Signs on Route 704, Battery Park Road at the
Entrances to Gatling Point and Gatling Point South which staff recommends
the Board adopt.
Supervisor Clark moved the Board adopt the following Resolution:
5
eooK 22 ;a:o. ?1
RESOLUTION REQUESTING THE INSTALLATION OF
"PEDESTRIAN CROSSING AHEAD" SIGNS ON ROUTE 704,
BATTERY PARK ROAD AT THE ENTRANCES TO GATLING POINT
AND GATLING POINT SOUTH
~' WHEREAS, the Gatling Point and Gatling. Point South communities
are constructed north and south of Battery Park Road and share in the use
and enjoyment of recreational facilities located on both sides of Battery Park
'' Road; and,
WHEREAS, the Homeowners Associations has expressed an interest
in improving the safety of pedestrian and other no-motorized traffic between
', these two development.
', NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Board of Supervisors requests that the Virginia Department of
Transportation install "PEDESTRIAN CROSSING AHEAD" signs on
Battery Park Road, Route 704, north and south of the entrances to Gatling
Point and Gatling Point South.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors requests that the installation of these signs be funded from the
', Secondary Construction Allocation for Isle of Wight 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.
Mr. Hartley noted that he would be providing the. Board at its
November 20, 2003 meeting with a list of transportation items.
Mr. Hartley noted he would notify the Board when a mutually
agreeable date is set with the VDOT District Administrator to hold the
County's quarterly meeting on transportation issues.
Supervisor Claud requested that Mr. Hartley set up a meeting to
discuss Whispering Pines Road..
Supervisor Claud encouraged Mr. Hartley to expedite the necessary
right-of--way issues for Muddy Cross Road.
Supervisor Claud .requested that Mr. Hartley continue his efforts to
resolve the issue of outfall ditches on Central Hill Road
Mr. Hartley informed the Board that he had spoken with R. L. Walker
to advise that VDOT does not intend to address the outfall ditches along
Central Hill Road.
6
804K 22 ''~''• ~~
Supervisor Claud requested Mr. Hartley contact VDOT and inquire
why the work on Blue Ridge Trail has not yet begun when it was scheduled
to begin in July, 2003 and the funds are available.
Supervisor Claud advised Mr. Hartley that he would be contacting him
soon with respect to having Poor House Road paved in its entirety. He
noted that the property owner is now willing to donate the necessary right-
of-way to accomplish this work.
Supervisor Bradshaw .requested Mr. Hartley encourage. VDOT to
begin work on Whispering .Pines Road with respect to its general
maintenance.
Supervisor Bradshaw requested Mr. Hartley send Pam .Shaw, the
County's Environmental Planner, out to Ballard Road to investigate if the
beaver dams have been restored.
Supervisor Bradby reported that smoke from the debris burning site
located on Water Works Road is causing a nuisance for neighboring
residents.
Chairman MacManus requested that staff advise the Board as soon as
the State performs its evaluation of the impact from Hurricane Isabel on the
current State-wide Transportation Budget so that the Board can make its
own financial adjustments accordingly.
Supervisor Bradshaw moved that the Board request staff to follow up
with VDOT regarding the Commissioner's letter sent to the County to see
which projects will be deferred from the Six-Year Plan or funding
reductions to the County and report back to the Board at its November 20,
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.
Pat Clark of Twin Hill Lane expressed his concern with the
narrowness of Titus Creek Road. He specifically requested that VDOT take
appropriate action to paint white lines on the roadway from Smiths Neck
Road to Titus Creek Road.
Supervisor Clark noted that VDOT has already agreed to paint white
lines along the roadway.
Thomas Finderson notified the Board about a tree that is leaning
.across Sugar Hill Road on Roland Lewis' property. He also notified the
Board about a largepothole on Sugar Hill Road.
Chairman MacManus requested Mr. Hartley take appropriate action to
notify VDOT about the pothole.
7
22:
Supervisor Clark moved that the Board direct staff to contact Virginia
Dominion Power with .respect to the leaning tree on Sugar Hill Road .and
that the Director of Public Works provide the .Board with a report with
respect to trees that are leaning in the County that could potentially cause
', damage to utility lines or property. 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.
Marie Bailey suggested that Virginia Dominion Power could be
contacted and requested to clean out the area underneath the power lines.
She notified the .Board of a particular incident in which she followed a
speeding vehicle along Smith's Neck Road.
//
Chairman MacManus called for Citizen's Comments.
Jim .Steinke updated the Board on his current efforts to rebuild his•
home located in Burwells Bay. He stated the County Code requires that if
there is greater than 50% damage to the structure of a home, it must be
rebuilt to County Code. He stated flood policies cover flood damage, but
they do not cover the .cost to rebuild to the current Code. He stated the
meeting held at the Rushmere Volunteer Fire Department was very
informative with respect to rebuilding and zoning issues, and he would
recommend that staff provide handouts at future meetings. He stated the
Federal Hazard Mitigation Program and the Elevation Program are slow in
responding to the needs of affected .property owners. He noted he would
possibly be interested in the-buy-out program, however he cannot wait until
the program is implemented. He recommended that whatever can be done at
staff level with respect to the Chesapeake Bay Preservation Area Ordinance
as opposed to variances would speed the process along. He recommended
the Board adopt a resolution to be active for a certain period of time on
variances. In .respect to the Hazard Mitigation Program, he noted it would
be helpful for homeowners. to know who could be lobbied. He requested
that the Board extend the length of time on the waiver of permits .for up to a
year of the anniversary of the hurricane. He requested that fees be waived
for those having to rebuild due to the hurricane.
Marie Bailey addressed the Board with respect to unpaid medical bills
that resulted from a~fall outside the Board Room following her attendance at
a Board of Supervisors' meeting on September 4, 2003. She notified the
Board that The Smithfield Times had .incorrectly listed the time of the
meeting today. She further notified the Board that the school administration
had overcharged her for .use of a school facility. She expressed
dissatisfaction with her inability to find a suitable location to sell toys at
discounted prices and that her peddler .license will expire on December 31,
2003... She distributed a copy. of a letter that she faxed. to Senator Allen with
8
respect. to the above issues. She stated she further. requested the
qualifications of certain County personnel and she. received a bill from the
County for the cost of assembling such informations She mentioned the past
incident involving two (2) Deputy Sheriffse
//
At 5:00 p.m., Supervisor Bradshaw noted that the Board had
advertised a public hearing for that time and he moved the Board amend the
regular order of the agenda in order to conduct the public hearing. The
motion was adopted unanimously (5-0).
//
Chairman MacManus called for a public hearing on the following:
The application of Ann Clark. Steinbach, owner and 17 Corner
Properties, LLC, prospective owner for a change in zoning
classification from RAC to Conditional General Commercial,
approximately .88 acre of land located adjoining 14214 Carrollton
Boulevard, which is on the west side of Carrollton Boulevard (Route
17) north of .Brewer's Neck Boulevard (Routes 2.58 & 32) in the
Newport Election District. The purpose of the application is for auto
sales and service as conditioned.
Mr. Hartley stated the Board .previously held a public hearing in
October, 2003 and asked .that some revisions be made to the .proffered
conditions. He further stated the applicant has submitted a signed list of
revised proffers that were received in writing prior to the public hearing.
Chairman MacManus called for persons to speak in favor of or in
opposition to the proposed application.
Charlie Williams, Williams Auto Mart, requested the Board approve
the application.
No one spoke in opposition.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw asked that staff restrict. rezonings only to the use
requested by the applicant.
Supervisor Clark moved that the Board approve the application of Ann
Clark Steinbach, as conditioned. 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.
9
T;
BooK 22 0~:~ 75
//
Supervisor Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
//
Chairman MacManus called for the continuation of Citizens
Comments.
Mac Hall requested that the Board waive the requirement of the
Buddhist temple to hook up to the HRSD force main.
Carroll Story, IP Local Union President, withdrew his name from the
Citizens Comments register. "
Herb DeGroft, Post 8545/Smithfield, invited the Board to attend the
Veterans Day celebration on Tuesday, November 11, 2003 at 7:00 p.m. at
The Smithfield Center. He commented that apparently decisions were made
and the County will be spending funds with respect to the recent meeting
that was held at Benn's Church by a developer concerning historic St.
Lukes.
Chairman MacManus assured Mr. DeGroft that the Board has not
taken any action in this regard at this point in time as staff is gathering
information for consideration by the Board.
//
Chairman MacManus noted that the Board took action under Approval
of the Agenda to hear Item A under Old Business following Citizens
Comments. He called for comments from staff on the following:
The application of Roland H. Lewis for an exception to the
Chesapeake Bay Preservation ArEa Ordinance Section 5002 C (2).
Specifically to allow encroachment in the one hundred (100) foot
Resource Protection Area. Buffer. The property is located at 315
Lakeview Lane, Carrollton, in the Newport Election District. The
purpose of the request is to allow fill,. grading and .reseeding of the
property within the Resource Protection Area Buffer.
Mr. Hartley stated the. Board previously tabled consideration of the
Lewis application and directed that staff meet with Mr. Lewis. He noted
that staff has summarized and presented certain issues to Mr. Lewis. He
stated Mr. Lewis has agreed to fully stabilize the site to correct certain
drainage issues on the property.
10
eooK ~ ~„^~ ~6
County .Attorney Stroman stated consistent with the Board's
instruction, remediation and restoration has been addressed,. as well as the
payment of a civil fine, while allowing some credit for the cost of the work
that has been accomplished, and Mr. Lewis acknowledges the violations.
Mr. Hartley noted that Mr. Lewis originally was requesting an
exception to the Chesapeake Bay Preservation Area Ordinance Section 5002
C (2) to allow encroachment in the one. hundred (1.00) foot Resource
Protection Area Buffer. .
Supervisor Clark noted that he is not prepared to discuss Mr. Lewis'
request until he speaks further with the County Attorney.
Chairman MacManus noted a typo in Item I, where it states "the"
instead of "he".
Supervisor Claud moved that the Board moved that Mr. Lewis'
request follow the Closed Meeting later in the meeting. The motion was
adopted (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
//
Chairman MacManus called for the County- Attorney's report.
County Attorney Stroman presented a Resolution to Appoint C. John
Catron as the Section 8 Supervisor that he recommends the Board adopt.
Supervisor Bradshaw moved the Board adopt the following
Resolutions
RESOLUTION TO APPOINT C. JOHN CATRON AS
SECTION 8 SUPERVISOR
WHEREAS, the Board of Supervisors of Isle of Wight County
maintains a "Section 8" program to promote affordable housing with the
County; .and,
WHEREAS, for over twenty (20) years the Director of Social Services
has been appointed to supervise this program; and,
WHEREAS, the Isle of Wight County Board of Social Services has
appointed C. John Catron as Ms. Bean's successor; and,
WHEREAS, at its October 21, 2003 meeting the Isle of Wight County
Board of Social Services recommended that the Board of Supervisors
appoint Mr. Catron as the new Section 8 Supervisor to replace Ms. Bean.
11
*•.
®ooK ~ 22 .M%P 7~
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that C.
John Catron is hereby appointed Supervisor of .the Section 8 Program at a
stipend of two thousand six hundred eighty-one dollars and eighty cents
($2,881.80) per annum, payable in equal monthly installments.
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 Attorney Stroman requested the Board authorize the execution
of the Deed of Gift to the Windsor Athletic Association following VDOT's
endorsement of the plat.
Supervisor Claud moved the Board authorize the Chairman to execute
the Deed following VDOT's approval. 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 Attorney. Stroman presented a proposed lease for the Skating
Rink. He stated Gary Askew is proposing to operate the facility as a private
facility which will have a positive effect on the County's budget.
Supervisor Claud noted a potential conflict of interest and stated he
would refrain from discussing and voting on the matter.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Assignment documents. The motion was adopted (3-0) with
Supervisors MacManus, Bradby and Bradshaw voting in favor of the
motion; no Supervisors voting ..against the motion; Supervisor Claud
abstaining from discussing and voting on the motion; and, Supervisor Clark
absent for the vote.
County Attorney Stroman presented a Timber Harvest. Agreement
which he approves as to form and recommends the Board authorize the
Chairman to execute on behalf of the County.
Supervisor Claud moved the Board authorize the Chairman to execute
the Agreement with Old Mill Land and Timber in the amount of $150,150.
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.
County Attorney Stroman reported that negotiations with Mountbatten
Surety Company's. claims counsel have been successful in producing an
agreement which is commercially reasonable. He advised that a waiver is
being requested for liquidated damages for the .period of September 18a`
12
BoaK 22 r~," °78
through the 28`x, as a result of Hurricane Isabel. He noted that the contractor
will be on the job. on November 17, 2003.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Agreement and authorize the County Attorney to negotiate a
liquidated damages penalty with the surety company. 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..
County Attorney Stroman stated he had several matters for closed
meeting later in the meeting.
/!
Chairman MacManus called for the Community Development Report.
There was no report offered for discussion by the Board.
//
Chairman MacManus called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, presented
costs associated with the further- undercutting of soils and the filling of a
block wall at the Carrollton Fire Station renovation and expansion project.
Supervisor Claud moved the Board authorize the Chairman to execute
the Change Order in the amount of $4,8.11. with the funds to be taken from
the Contingency 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.
Supervisor Bradshaw requested Mr. Childress provide the other Board
members with any information pertaining to the structural defects of the
Carrsville Volunteer Fire Department.
//
Chairman MacManus called for the Parks and Recreation Report.
Alan S. Nogiec, Director of Parks and Recreation, requested an
additional budget allocation as a result of having to cancel the Isle of Wight
County Fair on Friday, September 12, 2003.
Supervisor Claud moved the Board adopt the following Resolution:
13
Boats 22 :.;r• ~
RESOLUTION TO AUTHORIZE SEVEN .THOUSAND DOLLARS FROM
THE ISLE OF WIGHT COUNTY FAIR UNAPPROPRIATED FUND
BALANCE TO COVER REVENUE SHORTFALLS
WHEREAS, the Board of Supervisors has approved the FY 2003-04
Operating Budget for Isle of Wight County Fair; and,
WHEREAS, funds in the amount of seven thousand dollars ($7,000)
need to be authorized from the Isle. of Wight. County Fair Unappropriated
Fund Balance to cover a shortfall in revenues due to inclement weather
encountered during the FY 2003-2004 Isle of Wight County Fair event.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that seven
thousand ($7,000) from the Isle of Wight County Fair Unappropriated Fund
Balance be authorized for use to cover various revenue shortfalls
encountered in the FY 2003-2004 Operating Budget of the Isle of Wight
County Fair Special Revenue Fund.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to .give
this resolution effect.
The motion was adopted (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 the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities noted that his.
first issue under his report concerning fluoride compliance/Carrsville water
system engineering, has .been moved for consideration after .the closed
meeting.
Mr. Rountree stated staff was directed by the -Board at its August 21,
2003 meeting to investigate the alternatives to improve the appearance of
the Camptown Development Service District elevated storage tank. He
stated the cost to accomplish this is estimated to be between $40,000 and
$50,000, to include painting a second logo on the back of .the tank that
would be visible from the new Route 260 connector road.
Supervisor Bradshaw moved that the draft report presented by the
Director of Public Utilities be considered during the Capital Budget process.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
14
~oQK , 22 .;.~ 80
Bradshaw, Bradby, Clark and Claud voting in favor of the motion,. and no
Supervisors voting against the motion.
Mr. Rountree .stated as a general policy the Board had directed
mandatory sewer connections for commercial, industrial, and institutional
establishments. He stated the ,Buddhist Temple has had extreme difficulties
in attempting to acquire an easement from the adjoining property owners in
order to accomplish .this. He requested the Board provide direction as to
whether. the County is going to require the Buddhist Temple to connect to
the sewer force main.
Supervisor Bradshaw inquired from- the County Attorney what type of
precedent this would be setting for exceptions.
County Attorney Stroman advised that he did not believe that in this
instance an .exception would bind the Board to make any future exceptions,
Supervisor Bradshaw noted .for clarity that the Board .is granting this
exception because it is not financially feasibility and not because it is a
religious organization.
Supervisor Claud moved the Board not require the Buddhist Temple to
hook up to the HRSD sewer force main located in the right-of--way of
Brewer's Neck Boulevard, and. that the Board is granting this exception
because it is .not financially feasibility and not because it is a religious
organization. The. motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman MacManus called .for the County Administrator's report.
Lyle D. Hornbaker, Information Services Coordinator, presented A
Resolution of Proclamation to Declare November 19, 2003 as Geographic
Information System Day 2003 which he recommends the Board adopt.
Supervisor Bradshaw moved the Board. adopt the Resolution, as
amended to reflect the correct spelling of the Chairman's name.
A RESOLUTION OF PROCLAMATION
TO DECLARE NOVEMBER 19, 2003 AS
GEOGRAPHIC INFORMATION SYSTEM DAY 2003
WHEREAS, Geography Awareness Week is November 16-22, 2003;
and
15
eoea 22 ,~L. X31
WHEREAS, the global GIS community has joined. together to declare
Wednesday, November 19, 2003. as GIS Day 2003; and
WHEREAS, the management, use, and exchange of geographic
information are essential for effective decision making by all governmental
agencies; and
WHEREAS, the County of Isle of Wight recognizes the importance of
geographic data in the proper implementation of local government and has
created a County wide Geographic Information System (GIS) to support that
implementation; and
WHEREAS, there is a need to promote GIS .awareness, education and
technical training among various groups in Isle of Wight County to most
appropriately and wisely utilize this technology; and
WHEREAS, the County GIS is a significant resource that should be
used by all governmental agencies, schools, and the general public to share
information and increase public participation in the democratic process.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Isle of Wight County does hereby proclaim November 19,
2003, as GEOGRAPHIC II~TFORMATION SYSTEM DAY 2003 in Isle of
Wight 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.
Attorney Pretlow presented a Resolution of the Board of Supervisors
of the County of Isle of Wight, Virginia with Respect to the Lease Financing
of the Western Tidewater Community Service Board's Acquisition of a
Headquarters Building for the Board's consideration which he recommends
the Board adopt.
Supervisor Bradshaw moved the Board adopt the following
Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA
WITH RESPECT TO THE. LEASE FINANCING
OF THE WESTERN TIDEWATER COMMUNITY SERVICE
BOARD'S ACQUISITION OF A
HEADQUARTERS BUILDING
The Western Tidewater Community Services Board (the "Borrower")
was created under Chapter 10 of Title 37.1 of the Code of Virginia of 1950,
as amended (the "Act"), and has been designated an "operating board" as
16
--- _ _
eoo~ ~?. ~~f.. ~?
defined in the Act for the City of Franklin, the City of Suffolk, the County of
Isle of Wight and the County of Southampton (collectively, the "Member
Localities"). The Borrower desires to acquire the facility currently serving
as its Headquarters Building, the contiguous warehouse building and the
real estate related thereto (collectively, the "Building") by entering into a
lease financing. arrangement (the "Lease Financing") with the Industrial
Development Authority of the .City of Franklin, Virginia (the "Issuer") and
Bank of America, N.A.
In accordance with the Act, the Borrower has the power to apply for an
accept loans as authorized by the governing bodies of the political
subdivision that established it. Accordingly, each of the governing bodies of
the Member Localities must authorize the Lease Financing of the Borrower.
The County of Isle of Wight, Virginia (the "County") recognizes the
need of the Borrower to obtain financing for the acquisition of the Building
through the issuance by the Issuer of its $1,372,500 Lease Revenue Bond
(Western Tidewater CSB Headquarters Acquisition), Series 2003 (the
"Bond"). The issuer will issue its Bond to acquire the Building and will
lease the Building to the Borrower .pursuant to a Lease Agreement,
tentatively dated as of November 1, 2003 (the "Lease Agreement"), between
the Issuer and the Borrower.
The Bond will be payable solely from revenues derived by the Issuer
from the "Basic Rent: to be paid by the Borrower pursuant to the Lease
Agreement, which has been calculated to be sufficient to pay the principal of
and interest on the Bond, from certain "Additional Rent" to be paid by the
Borrower pursuant to the Lease Agreement and from funds established in
the Bond Purchase Agreement to be dated the date of the issuance of the
Bond (the "Bond Purchase Agreement") among the Issuer, the Borrower and
Bank of America, N.A., as .the .holder of the Bond (the "Bank"). The
obligations of the Issuer to the Bank will be secured by the Assignment of
Rents and Leases, tentatively dated as of November I, 2003 (the
"Assignment") between the Issuer and the Bank, ,and by. the Deed of Trust,
tentatively dated as of April 1, 2003 (the "Deed of Trust") from the Issuer to
the deed of trust trustees named therein. Subject to the terms of the Lease
Agreement, the obligation of the Borrower to pay Basic Rent and Additional
Rent will be an unconditional obligation of the Borrower.
The Lease Agreement, the Bond Purchase Agreement, the Assignment
and the Deed of Trust are referred to in this Resolution as the "Basic
Documents."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA:
1. Request for an Approval of Financing_ The Board of
Supervisors of the County ("Board") hereby. approves the transaction
17
eoo~ 2? ~ . X33
contemplated by the Basic Documents and particularly the Borrower's Lease
Financing of the Building and entry into the Lease Agreement.. The Board
considers the Building to be an essential public need. The Board approves
the issuance of the Bond and sale thereof to the Bank in .such principal
amount, with such interest. rate .per year, and with a maturity, all as to be
determined by the Issuer or the. Borrower. The sale price of the Bond to the
Bank shall be equal to the principal amount thereof, and the prepayment
provisions and other terms of the Bond shall be as provided for in the form
of the Bond. The Board further approves the Borrower's use of its funds to
make such payments as may be required under the Lease Agreement and
expresses its intent that the County remains a Member Locality of the
Borrower for the term of the Lease Agreement.
2. Effective Date. This Resolution shall take effect immediately
upon its adoption.
i
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.
Nelson Moody, BFI Waste Services, requested the Board approve his
request for a rate increase by BFI Waste Services due to inflation and an
increase in the volume.
Chairman MacManus requested staff review the feasibility of the
County having an exclusive franchise agreement. He suggested staff poll
other communities to see what they are doing.
Supervisor Claud noted that should the Board approve the increase,
BFI should provide a notice to all its customers because the increase will be
effective for a five (5) year period, as stated in the term of the agreement,
and BFI's customers should not anticipate an increase for the next five (5)
years.
Supervisor Clark moved the Board direct staff to advertise the 7% rate
increase proposed by BFI for public hear;ng at the Board's November 20,
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.
Charles W. Phelps, Sheriff, presented a request for reallocation of
vehicle funds so that he can purchase a portable radar sign to be used in
neighborhoods where speeding is a concern. He stated he would also like to
purchase a $1,700 software program that is capable of recording data traffic.
He stated the total for his request is $12,500 and he is proposing to take it
from his vehicle line item. He noted that his office is .also waiting on Mrs.
Marie Bailey to sign the necessary paperwork to file a complaint she made
against certain deputies within his office.
18
Supervisor Clark moved the Board approve the Sheriff's .request to
reallocate $12,500 in vehicle purchase funds for the purchase of a portable
radar sign and related software 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.
Mr. Robertson reported that the School Board's 2004 legislative
priorities will not be available until next week and he would recommend the
Board defer any action .until its November 20, 2003 meeting so that same
could be included.
Supervisor Bradshaw warned staff to be aware of the BPOL tax as it is
proposed to be eliminated it in the upcoming session. He requested staff
have information prepared for the Board at its November 20, 2003 meeting
for discussion.
Supervisor Claud requested Mr. Robertson make an attempt by letter
with the appropriate General Assembly members to ensure other legislation
is introduced, in addition to the cigarette tax.
County Attorney Stroman noted that he had submitted a letter to
Delegate Barlow with respect to grass cutting and he will follow up with
regard to livestock issues.
Supervisor Bradshaw requested staff ensure that Senator Quayle is a
sponsor for the cigarette tax. He requested that Mr. Robertson copy the
Board on all his letters to the Delegation.
Chairman MacManus requested Mr. Robertson incorporate .support of
the MASS/SOQ for consolidation throughout the Commonwealth.
Mr. Robertson informed the Board that staff has rescheduled the
Board's meeting with the General Assembly Delegation to 4:00 p.m. on
December 18, 2003 to accommodate the schedules of Senator Frederick M.
Quayle and Delegate S. Chris Jones.
It was noted that Delegate Tones no longer represents the County and
that staff would contact him with respect to his not attending the meeting.
Patrick J. Small, Director of Economic Development, stated the
Strategic Plan noted that the land trust is to be established in .December,
2003. He noted much of the preliminary background work has been
accomplished, but his office has been without support staff over the past
four (4) months. He stated the Board agreed to hire a new Rural Economic
Development Manager and this will be one of that person's tasks. He
requested that the Board change the .termination date for completion of
establishing a land trust from December, 2003 to June, 2004.
19
eooK ~ 22 rp.,. ~5
Supervisor Claud moved to change the termination date for
completion of establishing a land trust from December, 2003 to June, 2004.
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 Old Business.
B. Extension of Permit Fee Waiver for Damage Repairs for
Hurricane Isabel
County Administrator Casket' stated the Board previously adopted a
motion granting an extension of permit fee waivers for damage repairs due
to Hurricane Isabel which will expire on December 2, 2003. He further
stated the Superintendent of Inspections is recommending that the extension
of permit fee waivers not be extended beyond December 2, 2003 for the
reasons stated in the Board report.
Supervisor Bradshaw moved that the Board direct staff to verify how
this matter was handled in the .past with Hurricane Floyd and directed the
County Attorney to draft an appropriate ordinance for public hearing
utilizing that method. 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 consideration of the Old Business
issue of curbside recycling.
County Administrator Caskey presented for the Board's discussion
information from the Town of Smithfield reflecting their own survey results.
He stated the Board was previously provided with the results of the Town of
Windsor. He noted that in all localities, a majority of individuals responding
were not willing to bear the cost to continue curbside pick-up recycling.
Chairman MacManus suggested that staff put in place the necessary
ordinance to allow communities to request recycling, with the understanding
there would be a five (5) year commitment on their part.
County Attorney Stroman officer to .come with suggested language for
a petition from a majority of the residents of a subdivision to ensure a 51
majority.
Chairman MacManus stated he feels the Board should have some type
of mechanism in place to keep recycling an option in the County in the
future for communities that may wish to participate.
20
eooK 22 ~~~;~ $6
Chairman MacManus called for consideration of the OId .Business
issue of County street maps.
Mr. Hornbaker stated for .the Board's consideration are his
recommendations pertaining to the reprinting of County street maps and
associated costs.
Supervisor Claud moved that the Board direct staff to proceed with the
"Minor Revision" recommendation of staff at an estimated cost of $5,300.
The source of funding to accomplish this is to be found interdepartmentally..
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 notified the Board that their new a-mail addresses will
consist of the first letter of their first name and up to seven (7) letters of their
last names @ isleofwightus.net. He noted that he would be forwarding
information on how to access their a-mail addresses. He further noted he
would ask each Board member individually if they wanted their a-mail
address listed on the PEG channel
Supervisor Clark requested the status of the legal. matter that the Board
has retained outside legal counsel.
County Attorney Stroman offered to review the hourly rate listed in the
outside counsel contract and report back to the Board with a
recommendation.
Supervisor Clark thanked the employees from the Department of
Public Works for their quick response time to requests for debris pick up in
his district.
//
Chairman MacManus called for New Businesse
There was no new business offered for discussion by the Board.
//
Chairman MacManus called for Appointments.
Supervisor Claud submitted his resignation as the County's
representative on the Coalition of High Growth Communities and moved the
Board appoint Richard K. MacManus as the County representative. 'The
motion was adopted unanimously (5-0).
21
T;
2~ ;,,~ 8?
BOOK -' "
Chairman MacManus moved the Board appoint C. John Catron,
replacing Linda Bean, on the Tidewater Regional Group Home
Commission. The motion was adopted unanimously (5-0).
Supervisor Clark moved the Board reappoint David F. Bugin on the
Board of Building Appeals. The motion was adopted unanimously (5-0).
Supervisor Clark moved the Board reappoint Malcolm Clark on the
Commission on Aging. The motion was adopted unanimously (5-0).
//
County Attorney Stroman requested a closed session pursuant to
Section 2.2-3711.A.7 of the Freedom of Information Act concerning four (4)
items pertaining to consultation with legal counsel pertaining to actual or
probable litigation where such consultation in open meeting would adversely
affect the negotiating or litigation posture of the public body. He noted the
Board would not discuss Supervisor Bradshaw's personnel matter as he has
left the meeting and does not anticipate him. returning.
Supervisor Claud moved the Board enter closed meeting for the
reasons stated. The motion was adopted (4-0) with Supervisors MacManus,
Bradby, Clark and Claud voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw not present for the
vote.
Supervisor Claud moved the Board reconvene its meeting. The motion
was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud
voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Bradshaw not present for the vote.
Supervisor Claud 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 TT 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
22
eoeK 22 0;,,;... ~?8
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, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 1
ABSENT DURING MEETING: 0
' Supervisor Clark moved that the Board authorize a public notice on
the tax abatement matter discussed in closed session. The motion was
adopted (4-0) with Supervisors MacManus, Bradby, Clark and. Claud voting
in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Bradshaw not present for the vote. '
Supervisor Clark moved the Board accept the Consent Order as
drafted and executed by Mr. Lewis and Attorney Riddick, and to approve
the exception to the Chesapeake Bay Ordinance as set forth in .the staff
report. Two (2) typographical errors were noted for correction. The motion
was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud
voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Bradshaw not present for the vote.
Supervisor Claud moved the Board authorize the award of the services
in connection with the Carrsville fluoride treatment on an emergency basis
pursuant to the Virginia Public Procurement Act and to post the notice as
specified by that statute. The motion was adopted (4-0) with Supervisors
MacManus, Bradby, Clark and Claud voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Bradshaw not
present for the vote.
//
Supervisor Bradby moved the Board adjourn its meeting at 8:15 p.m.
The motion was adopted unanimously (5-0).
y'K~
Richard. K. MacManus, Chairman
23