01-08-2004 Regular Meeting
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REGULAR,MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTH DAY OF JANUARY IN THE YEAR
TWO THOUSAND AND FOUR
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw
Henry H. Bradby
Thomas J. Wright, III
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant
County Administrator
Carey Mills Storm, Recording. Secretary
Chairman MacManus called the meeting to order at 5:00 p.m.
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Supervisor Clark 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 one (1) matter be added to the
Closed Meeting concerning investment of public funds under Section 2.2-
3711.A.6 of the Freedom of Information Act and that the application of
Ernest W. Goodrich and C. L. Goodrich be added as an .item under Old
Business. He noted that he would be requesting that the Board vote to
reschedule the Goodrich application for public hearing.
County Administrator Casket' noted that he would be adding two (2)
items, one (1) under New Business and .another under Old Business. He
requested that Item (1) pertaining to the REVMAX Program under the
Consent Agenda be removed.
Supervisor Clark noted that he would be adding one (1) item under
Old Business.
Supervisor Clark moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0} with Supervisors
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MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the
motion, and no Supervisors voting against the motion.
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Chairman MacManus thanked the Board, for the privilege of serving
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as the Chairman of the Board.
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Chairman MacManus opened the floor for nominations for Chairman
for the year 2004.
Supervisor Bradshaw nominated Supervisor Clark as Chairman of the
Board for the year 2004. Supervisor Clark was. unanimously elected as ~.
Chairman of the Board for the year 2004.
Chairman Clark opened the floor. for nominations for Vice-Chairman '~
for the year 2004.
Supervisor MacManus .nominated Supervisor Bradshaw as Vice-
. Chairman of the Board for the year 2004. Supervisor Bradshaw was
unanimously elected as Vice-Chairman of the Board for 2004.
Chairman Clark opened the floor for appointment of Clerk to the
Board for the year 2004.
Supervisor MacManus moved the Board appoint W. Douglas
Caskey as Clerk to the Board for the year 2004. The. motion was
adopted by a vote of (5-0) with .Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Clark opened the floor for appointment of the Recording
Secretary for the year 2004.
Supervisor Bradshaw moved the Board appoint Carey Mills Storm as
its Recording Secretary for the year 2004. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Chairman Clark requested the Board set its meeting schedule for the
year 2004.
Supervisor MacManus noted a conflict with the proposed July 15,
2004 Board meeting because of the NACo Conference.. He further noted
a conflict with his personal schedule with the proposed August 5, 2004
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Board meeting and he recommended it be moved to Monday, August 9,
2004.
Supervisor Bradshaw moved the. Board, adopt the following regular
meeting dates and times for calendar year 2004, as presented in the
agenda,. and direct staff to bring back alternate dates for the Board's
July 15, 2004 and August S, 2004 meetings for the Board's
consideration under Old Business at its January 15, 2004 meeting:
Thursday, January 8`" at 5:00 p.m.
Thursday, January I5`" at 6:00 p.m.
Thursday, February 5`" at 4:00 p.m.
Thursday, February 19`" at 6:00 p.m.
Thursday, March 4`" at 4:00 p.m.
Thursday, March 18`'' at'6:00 p.m.
Thursday, April l st at 4:00 p.m.
Thursday, April 15`" at 6:00 p.m.
Thursday, May 6`" at 4:00 p.m.
Thursday, May 20`" at 6:00 p.m.
Thursday, June 3rd at 4:00 p.m.
Thursday, June 17`" at 6:00 p.m.
Thursday, July 1 S` at 4:00 p.m.
Thursday, July 15`" at 6:00 p.m.
Thursday, August 5`" at 4:00 p.m.
Thursday, August 19`" at 6:00 p.m.
Thursday, September 2nd at 4:00 p.m.
Thursday, September 16`" at 6:00 p.m.
Thursday, October 7`" at 4:00 p.m.
Thursday, October 21 S` at 6:00 p. m.
Thursday, November 4`" at 4:00 p.m.
Thursday, November 18`" at 6:00 p.m.
Thursday, December 2"d at 4:00 p.m.
Thursday, December 16`h at 6:00 p.m.
* Advertised public hearings will be scheduled at 7:00 p.m.
on these regular meeting dates.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Clark called for consideration of appointments to the
Committees of the Board.
Supervisor MacManus moved that the Budget & Finance/CIP
Committee be combined with the Investment Committee and that
Supervisor Bradshaw takes Robert C. Claud's place on that Committee.
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In addition, Supervisor.. Wright is to take Mr. Claud's place on the
Building and Grounds. Committee;. Chairman Clark is to take Mr.
Claud's place on the Parks and Recreation Committee; Mr. Wright is to
replace Mr. Claud on the Fluoride Committee; Mr. Wright is to replace
Mr. Claud on the Intergovernmental Relations Committee; Mr. Wright
is to replace Mr. Claud on the Franklin Committee; and the Board is to
adopt the following appointments to the Committees of the Board:
BUDGET & FINANCE/CIP AND INVESTMENT
COMMITTEE
Richard K. MacManus
Phillip A. Bradshaw
BUILDING & GROUNDS COMMITTEE
Stan D. Clark
Thomas J. Wright, III
PERSONNEL COMMITTEE
Phillip A. Bradshaw
Henry H. Bradby
PARKS & RECREATION COMMITTEE.
Henry H. Bradby
Stan D. Clark
FLUORIDE COMMITTEE
Thomas J. Wright, III
Richard K, MacManus
CABLEVISION COMMITTEE
Stan D. Clark
INTERGOVERNMENTAL RELATIONS
COMMITTEE
Thomas J. Wright, III
Richard K. MacManus
FRANKLIN COMMITTEE
Phillip A. Bradshaw
Thomas J. Wright, III
LAW ENFORCEMENT COMMITTEE
Phillip A. Bradshaw
Stan D. Clark
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The. motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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• Supervisor Bradshaw recognized Carrsville Boy Scout Troop. #37 in
attendance. He stated one (1) of the scouting requirements is for the Scout
to .attend a local government meeting.
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Chairman Clark indicated the Consent Agenda included the following
items:
December 4, 2003 Regular Meeting Minutes
Chairman Clark asked if there were any items for removal.
Supervisor MacManus moved that the .Board adopt the Consent
Agenda noting that the item pertaining to the REVMAX Program was
removed by the County Administrator earlier in the meeting: under Approval
of the Agenda. The motion was adopted by a vote of (S-0) with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Clark called for Citizen's Comments.
Albert Burckard presented a proposal for the 2007. Jamestown 400`s
Anniversary Celebration. He proposed for future consideration ey the Board
that the County's historical resources be included under the Department of
Tourism, noting that there may be a need to change the Director of
Tourism's title and present job description.
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Chairman Clark acknowledged the efforts of Supervisor MacManus as
Chairman of the Board last year.
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Chairman Clark called for the County Attorney's report.
County Attorney Stroman noted .that he would be requesting a matter
concerning potential litigation under Section 2.2-3711.A.7 of the Freedom
of Information Act and a matter .concerning investment of public funds
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under Section 2.2-3711.A.6 of the Freedom of Information Act lat ~r in the
meeting.
County Attorney Stroman advised the Board that the Town of
Smithfield had approved the Water Agreement that .the Board had
previously approved at its December 18, 2003 meeting.
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Chairman Clark called for the County Administrator's report.
County Administrator Casket' presented a resolution of appreciation to
Robert C. Claud, Sr. upon the completion of his services to the Isle of Wight
County Board of Supervisors far the Board's consideration.
Supervisor Wright moved the Board adopt the following Resolution:
Resolution of Appreciation
Robert C. Claud; Sr.
Upon the Completion of his Services to the
Isle of Wight County Board of Supervisors
Whereas, Robert C. Claud, Sr. served for sixteen years as a
distinguished member of the Windsor Town Council for the Town of
Windsor, Virginia from 1979 to 1995; and,
Whereas, Robert C. Claud, Sr. served .faithfully for eight years as a
valued member of the .Board of Supervisors. of Isle of Wight County,
Virginia from January 1, 1996 until December 31, 2003 representing the
Windsor District; and,
Whereas, he has been a significant catalyst to promote and enhance
successful regional and State partnerships, to include, but not limited to, his
leadership roles in the Hampton Roads Planning District Commission,
Western Tidewater Water Authority, Western Tidewater Regional Jail
Authority, Virginia Coalition of High Growth Communities and Virginia
Association of Counties; and,
Whereas, his exemplary service, immeasurable contributions and long
standing dedication have materially improved the quality of life .for the
citizens of Isle of Wight County, the Hampton Roads region and the
Commonwealth of Virginia;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Robert C. Claud, Sr. be recognized and commended for his
..outstanding service to the Board, and is presented this Resolution as a token
of the Board's gratitude and esteem; and,.
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Be It Further Resolved that the Isle . of Wight County Board of
Supervisors extends to Robert C. Claud, Sr. its best wishes for his future
endeavors and orders that a copy of this Resolution be spread .upon the
minutes of this Board this eighth day of January 2004.
The motion was adopted by a vote of (5-0) .with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Donald T. Robertson, Assistant County .Administrator, presented a
Resolution to Authorize the Solicitation of Proposals for the Administration
of the HOME Investment Partnership Program for the .Board's
consideration.
Supervisor Bradshaw moved the Board adopt the following
Resolution:
RESOLUTION TO AUTHORIZE THE SOLICITATION OF
PROPOSALS FOR THE ADMINISTRATION OF THE HOME
INVESTMENT PARTNERSHIP PROGRAM
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has determined that there is a need to procure the services of a
vendor to provide administrative services under the provisions of the Home
Investment Partnership (HOME) Program; and,
WHEREAS, County officials will need to discuss and negotiate the
.scope of services, as well as, determine the overall competencies of vendors
relative to the HOME Program in Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of Isle of Wight County, Virginia, pursuant to
Code of Virginia, Section 2.2-4303.C (as amended), authorizes County staff
to conduct competitive negotiation through a request for proposals for the
administration of the Home Investment Partnership (HOME) Program based
on its determination that competitive sealed bidding is not a practicable
means of making the most appropriate selection of a provider for these
administrative services.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
County Administrator Casket' requested the Board's directive with
respect to holding its 2004 Town Meeting.
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Supervisor MacManus' .suggested that the Board hold its Town
Meeting in the month of February, 2004 at the Windsor Elementary School
in the evening hours.
Chairman Clark requested that staff bring back a suggested date and
time.
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Chairman Clark called for. Old Business.
A. Church Manor Apartments Funding Request
Mr. Robertson stated pursuant to Board direction at its previous
meeting, staff has determined that HOME funds can be utilized for this
project. He stated staff recommends that if the Board does approve funding,
that it do so with the .understanding that these funds will not be needed
immediately, although they will be needed during this calendar year.
Supervisor Bradshaw: inquired if funding has been requested from the
Town of Smithfield.
. Reverend James Harrison stated he intends to. request funding from
the Town of Smithfield for some of the other needs.
Supervisor MacManus noted that he has spoken with Mayor Chapman
who indicated that the Town of Smithfield does intend to support the
project.
Supervisor MacManus moved that the -Board provide. the necessary
funding utilizing HOME funds in the amount of $50,000 to support the
project, as presented to the Board for the Church .Manor Apartments
renovation. Those funds are to be provided to Church Manor, Inc. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw,. Clark and Wright voting in .favor of the motion, and no
Supervisors voting against the motion.
B. Newport .Development Service District (DSD) Corridor
Revitalization Committee
Debbie J. Sivertson, Administrative Analyst, stated pursuant to Board
action staff has performed an evaluation of feasibility of establishing a
revitalization Committee and recommends that such a Committee be formed
to evaluate the revitalization opportunities specifically. to the Newport
.Development Service District. She noted that Mac Neblett has also agreed
to serve on the Committee.
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Supervisor Clark moved .that the Board form the Committee and
designate it the Isle of Wight County Newport Development Service..
Corridor Revitalization Committee. The motion was adopted by a vote of (5-
0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright ,
voting in favor of the motion, and no Supervisors voting, against the motion.
Supervisor Clark further moved that the Board approve the list of
names of Committee members, as presented; that this be anon-compensated
committee; and that the Board authorize the Chairman to make any
additional appointments that are listed, but have not yet been filled
(Business Representative and County Master Gardener). The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
C, .Application of Ernest W. Goodrich and. C. L. Goodrich
Mr. Hartley advised that due to an oversight by staff, the application of
Ernest W. Goodrich and C. L. Goodrich was not advertised for public
hearing at the Board's January 15, 2004 meeting. He noted that the County
Attorney and he met with Attorney Riddick who indicated it was the
applicant's preference to reschedule the public hearing for the Board's
February 19, 2004 meeting.
Supervisor Bradby moved that the Board reschedule the public hearing
originally set by the Board at its December 19, 2003 meeting for January 15,
2004 to February 19, 2004 and that the County pay the cast for advertising
the application a second time. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
D. Board Retreat:
County Administrator Caskey noted included on the agenda for the
Board's.Retreat is information pertaining to the County's Strategic Plan. and
Hurricane Isabel.
Supervisor Bradshaw requested that focus also be placed on planning
and updating of the Zoning and Subdivision Ordinances. He specifically
requested a listing of old property that has. been rezoned, but not developed,
and that the maps prepared by Mr.. Hornbaker be of sufficient size. He
further requested that the Director of Human Resources provide an update
on the initiatives planned for this year with respect to personnel and that the
Director of Economic Development be prepared to cover the issue of
purchase of development rights.
Chairman Clark requested a timeline. for completion of the Zoning
Ordinance and requested thought be .given to whether or not stormwater
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management should be accomplished in-house. He specifically requested an
update on central dispatch efforts and a status report on the progress of the
Administration Building.
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Chairman Clark called for New Business.
E County Administrator Casket' stated staff received a single sealed bid
.for the Route 17 Crossover work at the Carrollton Volunteer Fire
Department and staff is requesting the Board authorize staff to open the
sealed bid and determine whether it should be accepted or rejected.
Supervisor Bradshaw moved that the Board authorize staff to open the
sealed bid for the Route 17 Crossover work at the Carrollton Volunteer Fire
x Department and determine whether it should be accepted or rejected. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion. '
.Chairman Clark acknowledged the attendance of his wife, Panice
Clark, his daughter, Ashby, and his father, Pat Clark. He further
acknowledged the presence of Janice, Theodore and Curtis Hardison.
Theodore Hardison invited the Board to attend a meeting with the
Commissioner of Agriculture on February 2, 2004 at 6:00 p.m. in the Social
Services Demonstration Room.
Following an inquiry from Chairman Clark, County Attorney Stroman
offered to follow up ,with the Animal Control Officer and. report back to the
Board on the particulars of the rotating leash law.
Chairman Clark moved to request Sheriff Phelps patrol Sugar Hill
Road, over the next sixty (60) days with respect to tractor trailers exceeding
the speed limit. The motion was adopted by a vote of (5-0) with. Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor; of the
motion, and no Supervisors voting against the motion.
Responding to Chairman Clark, County Attorney Stroman offered to
follow up and report back to the Board on whether or not Dr. Turner and the
Department of Historic Resources will be involved in the entire Phase 1
archeological study at Lawne's Point.
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Chairman Clark called for Appointments.
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Supervisor Bradshaw requested that staff bring back recommendations
for appointment to the Isle of Wight County Beautification Committee.
Chairman Clark moved the Board appoint Supervisor MacManus as
the voting member on the Chamber of Commerce. The motion was adopted
unanimously (5-0).
Supervisor MacManus moved the Board appoint. Chairman Clark to
the Hampton Roads Planning District, Commission Executive Committee.
The motion was adopted unanimously (5-0).
Supervisor MacManus noted that the Board took action earlier in the
meeting. under Board Committees for Supervisor Wright to replace Robert
C. Claud, Sr. on the Intergovernmental Committee.
Supervisor MacManus moved the Board reappoint Lars S. Gordon to
the Planning Commission. The motion was adopted unanimously (5-0).
Supervisor MacManus moved the Board appoint Lee Winslett to
replace Lawrence Pitt on the Planning Commission. The motion was
adopted unanimously (5-0).
Supervisor MacManus moved the Board appoint Thomas J. Wright, III
to the Western Tidewater Water Authority. The motion was adopted
unanimously (5-0).
Supervisor Wright moved that the Board recommend Verna Jones to
the Circuit Court Judge for appointment on the .Board of Zoning Appeals.
The motion was adopted unanimously (5-0).
Chairman Clark requested the County Attorney speak with newly
appointed members to the Planning Commission and the Board of Zoning
Appeals about their duties.
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County Attorney Stroman requested the Board enter the Closed
Meeting pursuant to Section 2.2-3711.A.6 and A.7 concerning discussion of
the investment of public funds where open discussion would adversely affect
the public body and .consultation with legal counsel and briefing by staff
members pertaining to actual or probable litigation and the receipt of legal
advice.
Supervisor Bradshaw moved the Board enter the Closed Meeting for
the reasons stated. The motion .was adopted by a vote of {5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
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favor of the motion, and no Supervisors voting against the motion.
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Supervisor .Wright moved the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Bradshaw moved the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
F certification by this Board of Supervisors that such closed meeting was
conducted inconformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's .knowledge, (i) only public
business matters lawfully exempted from open. meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified.
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor MacManus moved that the Board authorize the County
Administrator to enter into a contractual agreement as discussed in the
closed meeting. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the
motion, and no Supervisors voting. against the motion.
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County Attorney Stroman briefed the Board on the case of the Town
of Big Stone Gap versus Wise County.
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At 6:30 p.m., Supervisor Bradby moved that the Board .adjourn its
meeting. The motion was adoptedunanimously (5-0).
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Stan D. Clark, Chairman
W. Dougl C key, Cler
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