03-04-2004 Regular MeetingeooK 22 ~~.:~247
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH DAY OF MARCH IN THE YEAR
TWO THOUSAND AND FOUR
PRESENT: Stan D. Clark, Chairman
Phillip A. Bradshaw, Vice-Chairman
Henry H. Bradby
Thomas J. Wright, III
Richard K. MacManus
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator
Carey Mi11s Storm, Recording Secretary
Chairman Clark called the meeting to order at 4:00 p.m. He thanked
the School Board, the Town of Smithfield and the Board of Supervisors for
their recent position taken with respect to the State budget.
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Supervisor MacManus delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Clark called for approval of the agenda.
County Attorney Stroman requested that an .Item 18 be added to the
Agenda with respect to the current litigation involving the Board of Zoning
Appeals.
County Attorney Stroman indicated that the Closed Meeting would
consist of five (5) items, all. involving the provision of legal advice, pursuant
to Section 2.2-3711.A.7 of the Freedom of Information Act.
County Administrator Caskey advised that Mr. Robertson would have
one (1}additional item for consideration under the Appointments section of
the agenda.
Supervisor Bradshaw noted that he would like to address the funding
request of the Commissioner of Revenue under Item 15, New Business.
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Supervisor Wright moved that the Board= approve, the agenda, as
amended.. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, .Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman .Clark called for Special Presentations.
Mr. John S. Hadfield, Executive Director of the Southeastern Public
Service Authority (SPSA) addressed the. Board on' issues related to SPSA's
operations and activities. He submitted a report entitled "Background Data,
SPSA 2004 Annual Report and Update" for the Board's reference.
Ms. Constance Rhodes, President, Isle of Wight-Smithfield-Windsor
Chamber of Commerce, addressed the Board concerning efforts undertaken
by the Chamber of Commerce, the Virginia Chamber of Commerce and other
local Chambers of Commerce with respect to the budget dilemmas, and the
status of the failure to invest in education, roads and mental health services.
She advised that the Chamber will be holding a Strategic Planning Visioning
Day on March 5, 2004 from 8:30 a.m. until 3:30 p.m., and she .extended an
invitation to the Board to attend.
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Chairman Clark indicated the Consent Agenda included the following
items:
A. Report Concerning Christian Outreach and United Christian
,Ministries Request for Funding
B. DEQ/Public Notice for February 23, 2004
C. Virginia Landmarks Register -Henry Saunders House and
William Rand Tavern
D. Pesticide Container Recycling Program
E. Action List .Status Update
F. January 23, 2004 Continued Board Retreat Minutes
G. January 24, 2004 Continued Board Retreat. Minutes
H. February 2, 2004 Continued Meeting Minutes
I. February 5, 2004 Regular Meeting Minutes
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Chairman Clark asked if there were any items for removal.
Supervisor Bradshaw moved the Board adopt the Consent Agenda, as
presented. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion and, no Supervisors voting against the motion.
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Chairman Clark called for Regional Reports.
County Administrator Caskey noted that the Southeastern Public
Service Authority's annual budget process is currently underway for setting
the tipping fee and that he would keep the Board informed.
With respect to the Intergovernmental Relations Committee, Supervisor
MacManus noted that the Director of Economic Development owes the
Towns of Smithfield and Windsor a resolution of support for the County's
efforts to have a Paul D. Camp Community College -and Workforce
Development Center located `in the northern part of the County. He noted
that both towns are in support and desire to adopt resolutions to that effect.
With respect to Route 460, Supervisor Wright stated that support for
alignment "A" of Route 460 was noted during a recent public meeting. He 1
stated this alignment has less impact on existing homes and wetlands.
Supervisor Bradshaw requested that. the Board be provided with
specific details of proposed alignment "A."
Supervisor MacManus noted that the. Town of Smithfield had received
a $20,000 grant from the State Department of Health, Dental Division, to
address fluoride issues. He recommended that staff pursue a similar grant
from the State Dental Division to assist with some of the County's fluoride
issues.
Supervisor MacManus moved that the Board direct the County
Administrator to contact the Town of Smithfield concerning the particulars
related to the grant the Town of Smithfield received from the State
Department of Health, Dental Division, and that staff investigate the
possibility of securing such a grant from the State Department of Health,
Dental Division, on behalf of the County. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark
voting in favor of the motion and, no Supervisors voting against the motion.
Supervisor MacManus noted that the .old sewage plant in the Town of
Smithfield would not be paid off until 2024, and the Town had participated in
a pool fund through the Virginia Resource Authority which will allow the
Town to recoup approximately $350,000 and reduce their loan by five (5)
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years. He recommended that staff also look into this type of resource, as the
Town of Smithfield is receiving substantial savings associated'with some of
their long-term loans associated with sewage/growth issues.
Chairman Clark .stated State budget concerns remain the topic of
conversation at the Hampton Roads Planning District. Commission meetings,
and that the area seems to be rebounding with respect to new business and the
strength of the local economy.
Chairman Clark stated the Southside Mayors and Chairs Caucus
continues to discuss the feasibility of the Peninsula and Southside joining
regionally in their workforce development centers.
Chairman Clark reported that the City of Suffolk and the City of
Chesapeake have indicated they would join the Resource Conservation
Development Council, leaving the City of Portsmouth as the only locality not
to participate. He stated he is hopeful that the participation of the Cities of
Suffolk and Chesapeake will help in the application process for Department
of Agriculture funding.
County Administrator Caskey noted that the Resource Conservation
Development Council has moved its meeting date from March 9, 2004 to
March 23, 2004.. He noted that Carey would contact Supervisor Wright .and
Chairman Clark's office tomorrow to ensure that the dates are changed on
their respective calendars
Supervisor Bradshaw requested that Mr. Crabtree be advised of his
correct a-mail address.
Supervisor Wright stated the legal matter concerning the terms of the
contract .had been resolved and construction can now begin at the Western
Tidewater Regional Jail.
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Chairman Clark called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, advised that he
had met with Jay .Randolph concerning the Route 460 Relocation Study to
discuss the various corridors, as well as a strategy for getting all the
jurisdictions to support a single resolution. He stated Mr. Randolph advised
that the preferred route from preliminary discussions with the Town of
Windsor is alignment "A." He stated that Mr. Randolph would be discussing
this issue further with the Windsor Planning Commission on March 25, 2004
and that he intends to also discuss the matter with the County's Planning
Commission at its April meeting before coming back to this Board in April
with a resolution that has been supported and adopted by all the other
jurisdictions and that can be forwarded to the State. He stated there is
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concern with alignment "A" because of its proximity to the Commonwealth
Cotton Gin and because the proposed road goes through the eastern industrial
complex, the Norfolk and Southern property and the Shirley T. Holland area.
Supervisor MacManus noted that staff input regarding adjustments to
the proposed alignment "A" concept should be done as quickly as possible so
that this information could be forwarded to the other jurisdictions.
Mr. Hartley stated the Town of Windsor's preference is that the road
proceed north of the Commonwealth Cotton Gin and stays in the Town
limits. He stated a comment was made. that if the proposed` alignment goes
south of the Commonwealth Cotton Gin, the land area between the new
highway and the Town could be annexed. He stated with respect to the
industrial park, he intends to discuss an adjustment to alignment "A" further
with the Director of Economic Development...
Supervisor Bradshaw requested -that Mr. Hartley advise the Information
Services Coordinator that the Board wants a detailed topographical .map so
that the Board can make any proposed adjustments.
Supervisor MacManus suggested that input be sought from the citizens
of the Town of Windsor as to proposed adjustments. to alignment "A."
Supervisor Wright noted that he intends to attend the Windsor Town
Council meeting to further discuss the proposed route.
Mr. Hartley noted that the Town of Windsor has expressed its concern
with the survival of the businesses. along Main Street. He stated the Town of
Windsor has discussed going north of the Commonwealth Cotton Gin to
ensure that the route stays close to the Town and also allows the businesses
to continue to operate at their current locations.
Supervisor MacManus moved that the Board direct staff to come back
with a revised map by the Board's March 18, 2004 meeting with; a plan for
gathering public input, i.e. for a meeting to be scheduled this .month in
conjunction with the Windsor Town Council o .that their input can be
gathered into the process, and that staff advertise the matter in the
communities that would be affected. The motion was adopted by avote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Mr. Hartley advised that staff had received notification from VDOT
that the County was eligible for a Supplemental Revenue Sharing allocation
for FY2003-04 and FY2004-OS under the .Revenue Sharing Program. He
advised that .because the County did not commit to the $500,000 .allocation:
level, the County is not eligible for any supplemental Revenue Sharing funds.
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Mr. Hartley stated that he had faxed a copy of .correspondence received
from VDOT committing $500,400 under the Revenue Sharing Program,
which will be equally split on Whispering. Pines Trail and Lawrence Drive.
Supervisor Bradshaw moved that the Board accept .the. funds in the
amount of $500,000, as noted in VDOT's .commitment letter, .under the
Revenue Sharing Program to be equally used on Whispering Pines Trail and
Lawrence Drive. 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 recommended that the Board request, under the
Freedom of Information Act, the .cost comparison report that he has been'
requesting from VDOT for the last several months indicating the amount of
funds proposed for various projects and the amounts actually spent.
Supervisor Bradshaw moved that the Board refer the matter to the
County Attorney for his review and evaluation in determining how the
requested financial information can be obtained from VDOT. 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 inquired if the Department of Public Works had any
plans to maintain Yellow Rock Road. He stated the County owns this
roadway, and he has received calls from residents requesting that the ditches
be cleaned. .
Mr. Long advised that he anticipates having remaining .funds from an
ongoing project with a ditch maintenance company that could be utilized for
maintenance of Yellow Rock Road.
Supervisor Bradshaw moved that. the Board direct Mr. Hartley to
contact MacFarland Neblett, VDOT Resident Engineer, with respect to the
Board's previous request .for a report identifying those roadways in the
County that routinely experience flooding. 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 Bradby inquired when VDOT ;intends to perform any
improvements to the secondary roads.
Mr. Hartley stated that staff did receive for the first time last year
VDOT's maintenance plan budget, but that he has to inquire about this each
year.
.Supervisor MacManus .recommended that this year the Board take a
different approach and provide suggestions to VDOT identifying what roads
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the Board wants paved this year. and which ditches need cleaning. He noted
such efforts could be accomplished by the formation of a citizens committee
that could provide input as to where. they believe the needs are.
Supervisor MacManus moved that the Board direct Mr. Hartley to
develop, and report back to the Board, a list of his recommendations on how
to identify roads that. need to be repaved, and which ditches need cleaning.
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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Chairman Clark called for Citizen's Comments.
Grace Keen requested that the Board transfer the $1,000 that was
previously allocated for .her travel expenses to receive the 2004 Project
Award in Nebraska for the County's Plant a Tree for a Child Program to the
Beautification Committee for use by that Committee during the Home and
Garden Show scheduled-for March 19`" through March 21 S`, 2004.
Chairman Clark moved that the Board transfer the $1,000 to the
Beautification Committee for use at the Home and Garden Show. 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.
Thomas Finderson expressed his concern with 50,000 gallons of
groundwater being withdrawn off Route 17 in the Brewer's Creek area. He
recommended that the County run County water down Cedar Grove Road as
the County would quickly recoup its money from the hook-ups. He
specifically requested -that the Board reconsider its policy relative to this
withdrawal and submit its comments to the State before the March 26, 2004
deadline.
Supervisor Bradshaw moved that the Board further discuss this matter
under the Public Utilities section of the agenda. 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.
Aulsie Hojnicki, Director. of the Cultural Arts Center, submitted
information concerning a Local Government Challenge grant and requested
the Board to consider this grant during the budget process. She noted the
grant has a deadline of April 1, 2004.
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Supervisor MacManus noted that he would address this request at the
next meeting of the Budget .and Finance Committees of the Board. of
Supervisors and the School Board.
Albert Burckard addressed the Board with respect to the Board's recent
legal .action taken against the Board of Zoning Appeals. He specifically
requested that. the Board proceed with the appeal and not change its decision '' ,
to take legal action.
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Chairman Clark called for the County Attorney's report.
County .Attorney Stroman presented a proposed Amendment to .the
Agreement with Powell Management Associates, which increases funding by
$15,000.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Amendment with Powell Management Associates, with the
source of funds to be determined by the Director of Budget and Finance. 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 Attorney Stroman noted. that he would be requesting a closed
meeting on five (5) matters pertaining to the advice of counsel.
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Chairman Clark called for the Community Development report.
Mr. Hartley notified the .Board that there would be a meeting on the
Benn's Church 'Activity Center at 7:00 p.m. on Wednesday, March 17~' at
Berms United Methodist Church. He noted he would be .sending the Board a ,
reminder of the upcoming meeting.
Mr. Hartley notified the Board that the revised Zoning Ordinance
would be sent to the printer next week.
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Chairman Clark called for the Economic Development report.
County Administrator Caskey noted that Mr. Small was not present, but
that he would forward any Board. comments and questions to him with
respect to the Board Report in the agenda pertaining to .the Workforce
Development Center and One- Stop Center.
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Supervisor MacManus advised that he had received input on the
process from Judy Begland, President of Opportunity, Inc. and Dr. Barbara
Bolin has been in contact with the County Administrator. He stated that he
has requested that the State consider Thomas Nelson Community College to
be the premiere model, and he has requested floor plans on that facility so
that the Board can review them and make it an even better facility. He
explained how to accomplish this in phases, and both business and
community input will be sought. He noted that Ms. Begland did suggest that
the- County begin speaking with Old Dominion University, Hampton
University and Christopher Newport University which will give the County
potential university ties for students who will attend Paul D. .Camp
Community College.
Supervisor Bradshaw noted that a Workforce Development Center was
the topic of discussion at the most recent meeting of .the. Paul D. Camp
Community College Board of Directors. He noted that Dr. Boyce stated that
he would like to see both a Suffolk and Isle of Wight campus.
County Administrator Caskey noted at the most recent meeting of the
Workforce Development Council Board of Directors, Dr. Boyce did note that
the County is interested in the. location of a Workforce Development. Center
and, ultimately a campus, in the northern .part of the County. Dr. Boyce
expressed an interest that both facilities could be developed to satisfy both
Suffolk and Isle of Wight County's needs. Mr. Caskey noted that he advised
the Committee at that time that the County is committed to .having a
Workforce Development Center in the County.
Supervisor MacManus requested that .staff ensure that the .County's
representatives are well informed on the workforce development center issue.
He requested that staff report back to the Board those individuals that are not
attending related meetings.
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Chairman CIark called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, briefed the
Board on the Hurricane Isabel "Top 10"List of Corrective Actions.
Supervisor MacManus recommended that a representative of the
Western Tidewater Health Department be invited to discuss with the Board
the importance of this issue. He recommended that County generator
requirements be phased in over a four (4) year period. He further
recommended that Mr. Childress obtain a recommendation from the Director
of Budget and Finance for the cost to be included in the budget process. He
further recommended that public utilities also be phased in over a four (4)
year period, picking the priority locations. He recommended that Mr.
Childress obtain the recommendation of the Budget and Finance Director on
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staggering the cost of fueling stations. He advised that the Red Cross is
desirous of establishing a training program for volunteers.
Supervisor Bradshaw recommended that training programs be set up
throughout the various communities of the County.
Supervisor MacManus requested that he be informed of any associated
training costs.
Mr. Childress advised. the Board that because of the resignation of a
certain individual with the American Red Cross/Hampton Roads Chapter, the
Board could. possibly see the momentum decline on that end.
Supervisor MacManus recommended that Mr. Childress contact Ms.
Keech or Jack York should the Red Cross' momentum slow down. He noted
.that "strengthening or enhancing" would be more appropriate language with
respect to Item (6). He requested a copy of the checklist under Item (2) so
that he could determine what Mr. Childress is looking for from a disaster
perspective. He recommended that Mr. Childress not wait until August, 2004
to establish distribution center locations. He noted that when Hurricane
' Isabel came through the County, there were concerns expressed by citizens in
the Smithfield area as to the whereabouts of distribution centers.
Supervisor Bradshaw stated during the past two (2) hurricanes, there
were major concerns expressed with respect to coordination.
Mr. Childress requested permission to move forward with sending
funds each. budget year, as funding becomes available, to the manufacturer in
support of the purchase of the Carrollton Volunteer Fire Department rescue-
pumper.
Supervisor Wright moved that the .Board. authorize staff to send the
contributions to the manufacturer on behalf of the .Carrollton Volunteer Fire
Department as funds become available in the Capital Budget. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Wright and Clark voting. in favor of the. motion, and no Supervisors voting
against the motion.
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Chairman Clark called for the Parks .and Recreation report.
Alan S. Nogiec, Director of Parks -and Recreation, requested permission
to move forward with the road leading into the Central County Park and
Fairgrounds. He recommended the Board adopt the resolution contained in
the agenda.
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Supervisor Bradshaw moved that the Board adopt the following
Resolution ~ to Execute Recreational Access Agreement for Central County
Park and Fairgrounds and to Accept and Appropriate Grant Funds from the
Commonwealth Transportation Board for the Development of a Public
Access Road at the Central County Park and Fairgrounds Site and authorize
the Chairman to sign the Agreement:
RESOLUTION TO EXECUTE RECREATIONAL ACCESS
AGREEMENT FOR CENTRAL COUNTY PARK AND
FAIRGROUNDS AND TO ACCEPT AND APPROPRIATE
RECREATIONAL ACCESS ROAD GRANT PROGRAM FUNDS
FROM THE COMMONWEALTH TRANSPORTATION BOARD FOR
THE DEVELOPMENT OF A PUBLIC ACCESS ROAD AT THE
CENTRAL COUNTY PARK AND FAIRGROUNDS SITE
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has previously authorized .the submittal of a grant
program application requesting funds from the Commonwealth
Transportation. Board for .the development of a public access road at the
Central County Park and Fairground Site; and
WHEREAS, the Board of Supervisors in fiscal year 03-04 has
previously appropriated local. funding for development of phase one of the
- Central County Park and .Fairgrounds in the amount of $1,500,000 to
include funding. for the construction of a public access road at the Central
County Park and Fairgrounds; and
WHEREAS, by Resolution of November 20, 2003 the
Commonwealth .Transportation Board approved funding from the
Recreational Access Fund for development of a public access road as
requested by the County of Isle of Wight, Virginia in the amount of two
hundred seventy three thousand one hundred fifty dollars ($273,150); and
WHEREAS, the grant from the Commonwealth Transportation
Board in the amount of two hundred seventy three thousand one hundred
fifty dollars ($273,1.50), or so much as shall be received from the
Commonwealth Transportation Board, needs to be accepted by the County
in the FY 2003-2004 Operating Budget of the County of Isle of Wight,
Virginia; and
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia desires to determine the manner, timing and. responsibility
of both the County of Isle of Wight, Virginia and the Commonwealth of
Virginia, Department of Transportation in the construction of the
Recreational Access Road to the Central County Park and Fairgrounds
site.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that
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grant funds in ~ the .amount of two hundred seventy three thousand one
hundred fifty. dollars ($273,150) or so much as shall be received be
accepted from the Commonwealth Transportation Board in the FY 2003-
2004 Operating Budget of the County of Isle of Wight Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make. the appropriate
accounting adjustments and to do all things necessary to give this resolution
effect.
BE IT FURTHER RESOLVED that the Chairman of the Board of
Supervisors of the County of Isle of Wight, Virginia is authorized to sign
the Recreational Access Agreement for the Central County Park and
Fairgrounds on behalf of the County of Isle of Wight, Virginia.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
Mr. Nogiec .recommended that the Board also authorize staff to
advertise for a public hearing a Deed of Gift fora 90-foot right-of--way and
easement for the road leading into the Central County Park and Fairgrounds.
Supervisor . MacManus moved that the Board authorize staff to
advertise for public hearing a Deed of Gift fora 90-foot right-of--way. The
motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Wright. and Clark voting in favor of the motion, and no
Supervisors, voting against the motion.
Mr. Nogiec ..recommended the Board approve a change order in the
amount of $53,000 from ...Commonwealth Engineering Group, Ltd., the
company responsible for designing the Fairground facility.
Supervisor Bradshaw moved that the Board approve the suggested
change order with Commonwealth Engineering Group, Ltd. in the amount of
$53,000. The motion .was adopted by a vote of (5-0) ,with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in .favor of the
motion, and no Supervisors voting against the motion.
Mr. Nogiec requested that the Board approve the transfer of ownership
of State surplus property for the Camp Washington property in Walters
which was previously used as a juvenile correctional facility. He advised that
the Virginia Department of Juvenile .Corrections is requesting a letter of
intent from the County as to its proposed interest.
Supervisor Bradshaw moved that the Board direct the Director of Parks
and Recreation to pursue the possibility of acquiring the Camp Washington
property, which has been declared surplus property and turned over to the
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Virginia Department of General Services for disposal, at minimal or no cost
to the County for future use by the County, and that the letter be signed by
the County Administrator. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor MacManus requested that Mr. Nogiec continue to provide
updates to the Board with respect to the property's status and how he feels
this property will fit into his ten (10) year capital. improvement plan.
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Chairman Clark called for the Public Utilities report.
E. Wayne Rountree, P.E,, Director of Public Utilities, recommended
that the Board authorize staff to perform additional in-house testing at the
Smithfield Heights and Carrsville systems. He noted that staff believes
acceptable water has been located at these .sites.
Supervisor Bradshaw moved that the Board authorize staff to pursue
additional testing and sampling of groundwater at Smithfield Heights and
Carrsville system at an estimated cost of approximately $25,000. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Wright and Clark voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Rountree advised that the owners of the Cannon Acres water
system have approached the County with regard to the County's interest in
purchasing that system. He stated that the Cannon Acres water system is
located at Cedar Grove, which is along the route that the water line will be
extended back to the Obrey water. system that is currently owned by the
County. He stated staff has developed a private well system purchase policy
utilizing a ten (10) year net revenue concept. He stated the difference
between this policy and the City of Suffolk's is that the. City charges a
connection fee.. He recommended that the Board adopt his policy in concept
and that staff will bring back a written policy to be incorporated in the ,
County's Policy Manual. He further recommended that the Board authorize
the purchase of the Cannon Acres water system at a cost not to exceed
$171,000, which is the net ten (10) year revenue.
Supervisor MacManus inquired what capital expenses did Mr.
Rountree anticipate over the next ten (10) years.
Mr. Rountree stated it would involve the connection of that system to
the .County's system and the extension of approximately 300 feet of pipe,
which the current owner will do at his cost. He stated the County, in turn,
would convey the well system back to the owner at some point in time in the
future when the County. no longer needs it. He stated it is the owner's
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responsibility to dismantle and abandon the well in the event the County does
not need it.
Supervisor MacManus moved that the Board direct Mr. Rountree to
provide the Board with additional details so that the Board has a better
understanding and that the Board's Budget and Finance Committee meet with
Mr. Rountree and Mrs. Seward to review the concept of what .the City of
Suffolk and other. communities may be doing with respect to the purchase of '
these types of systems and. that they provide the Board with their
recommendation, working with Mr. Rountree, to review the details of the
policy. The motion was adopted by a vote of . (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
Mr. Rountree stated there are also three (3) other systems in that area
that the County has been approached about acquiring. He noted one (1) of `''
these systems is the system Mr. Finderson expressed concerns about earlier in
the meeting.
Supervisor MacManus moved that the Board direct staff to come back
with background information on Mr. Finderson's concern expressed during
Citizens Comments with respect to the 50,000 gallons of groundwater being
withdrawn off of Route 17, and that the matter be taken up as Old Business at
the Board's March 18, 2004 meeting as to what response this Board would
want to make through staff to the State by March 26, 2004. Staff is to
provide their recommendation on a response with regard to the public notice
on the withdrawal. Staff is to develop a map illustrating the location of
County lines. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Clark called for the County Administrator's report.
County Administrator Casket' presented an update of the Action Steps,
and noted that staff would bring back a final version for the Board's
consideration at one (1) of its meetings in April, 2004.. He further noted that
Supervisor MacManus, Debbie Sivertson and he would be presenting the
County's Strategic Plan, as it relates to the interests of the Chamber, at the
Chamber of Commerce's Strategic Planning Visioning Day tomorrow.
County Administrator Casket' presented A Resolution Urging State
Legislators to Appropriately Adjust the Commonwealth's Tax Structure
presented by VACo and recently adopted by the Frederick County Board of
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Supervisor MacManus moved that the Board adopt the following
Resolution, • and direct the County Administrator to provide a copy to
Frederick County:
A RESOLUTION URGING STATE. LEGISLATORS
TO APPROPRIATELY ADJUST THE
COMMONWEALTH'S TAX STRUCTURE
WHEREAS, the disparity between state-mandated services and the
state funding to localities which are required to provide .these services has
continued to increase in recent years; and,
WHEREAS, the effect of this .growing disparity has been further
compounded by the simultaneous imposition of additional restrictions on
local government's abitity to raise revenue; and,
WHEREAS, the current financial crisis which the Commonwealth
faces is in large part a foreseeable result of years of fiscally irresponsible
efforts to avoid addressing the very real issue of an outdated and inadequate
state tax structure; and,
WHEREAS, the practice of avoiding the unpleasant and unpopular task
of correcting this outdated tax structure by passing additional state-level
responsibilities and commitments onto the backs of local government has
reached. the point where many local governments are forced to choose _'
between annual real estate tax increases or cutting basic services which its ?
residents expect and deserve.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Isle of Wight County Board of Supervisors urges our State legislators to
responsibly address the fiscal challenges it faces by making .long overdue
adjustments to the Commonwealth's tax structure that will enable it to fully
fund those programs and services which it has either mandated or committed
to providing.
The motion was adopted by a vote of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
County Administrator Caskey presented a request from. VACo for a
contribution from the County to help defray anticipated costs associated with
the NACo Conference scheduled for July, 2007.
Supervisor Clark moved that the Board approve the request and
appropriate $1,000 to help defray anticipated costs associated with the NACo
Conference in July, 2007. Funds are, to be taken from the Contingency Fund...
The ,motion was adopted by a vote of (S-0j with Supervisors MacManus,
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Bradby, Bradshaw, Wright and Clark voting in favor of the motion,. and no
Supervisors voting against the motion.
//
Chairman Clark called for Old Business.
Supervisor Bradshaw requested that County Administrator Casket' and
County Attorney Stroman ensure .that their .respective staffs notify Mr.
Hornbaker as items are completed on the revised Action List. He noted that
he may be requesting Mr. Hornbaker to provide the Board with a list of
Department Heads and. work items not completed by them.
//
Chairman Clark called for New Business.
Supervisor MacManus noted that the Virginian Pilot .this week
produced an article that the Corps of Engineers :and the President are
reviewing the possibility of eliminating dredging funds from their budgets.
He noted this action would affect the Port of Norfolk, the economic
development of the entire Hampton Roads azea, including Route 460 from a
distribution perspective, and the Tyler's Beach project,
Supervisor MacManus moved that the Board direct staff to send a letter
to Senators Warner and Allen, Congressman Forbes and to the President of
the United States stating that this action is not in agreement with this Boazd's
vision of their responsibility as it would pose a severe impact to the Hampton
Roads azea and Isle of Wight County. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clazk
voting in favor of the motion, and no Supervisors voting against the motion.
Supervisor MacManus requested an update on the five (5) yeaz usage
requirement bill.
Mr. Robertson advised Supervisor MacManus that staff has forwazded
information on the proposed bill to the County's legislators. He noted the
amendment being placed on the bill is more onerous which would require the
County to spend any proffers received within a five (5) yeaz timeframe and, if
the five (5) year timeframe was not complied with, any unexpended funds
would automatically revert to the State Literary Fund.
Supervisor MacManus requested the status on the penalty fees for the
nonattainment area bill.
Mr. Robertson offered to check on the status of the bill for Supervisor
MacManus.
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Supervisor Bradshaw addressed the funding request from the
Commissioner of Revenue. He stated the Commissioner of Revenue has
utilized all funding for part-time help in her office this year and is requesting
additional funding for the remainder of the budget year for additional part-
time help. He stated the Commissioner's Office has done an outstanding job
in the past in utilizing part-time assistance.
Supervisor MacManus noted that it was his impression that the
Commissioner of Revenue desired to continue funding to the next fiscal ;year,
and that he was not ready to commit to the next fiscal year because of
shortfalls anticipated in the County's budget. .
Supervisor Bradshaw moved that the Board direct staff to meet with the
Commissioner of Revenue to address her part-time needs within her office
for the remainder of the .fiscal year, and provide the Board with a
recommendation at its March 18, 2004 meeting. The motion was adopted by
a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Wright and
Clark voting in favor of the motion, and no Supervisors voting against the
motion.
Chairman Clark inquired about the minimum and maximum amounts
for peddler license fees.
County Attorney Stroman informed Chairman Clark that he recently
sent a letter to Attorneys Pretlow and Riddick with respect to the peddler
license fees, as well as an issue involving animal control, and requesting
them to provide available dates in the near future to meet and discuss these
issues. He stated the State statute establishes the maximum for the license
fee, which is a maximum of $50 and the County currently charges $35, and
the State law provides for the maximum tax that can be imposed. He stated
he would like to see this matter resolved within the next six (6) months.
Chairman Clark noted that Branch Lawson and Peter Munsell's wife
have agreed to serve on the Newport Devzlopment Service District
Revitalization Committee.
//
Chairman Clark called for Appointments.
Supervisor MacManus moved. that the Board appoint Melissa Small to
serve on the Blackwater Regional Library Board. The motion was adopted
unanimously (5-0).
Supervisor Bradshaw moved the Board appoint Gary Cofield, .replacing
John Catron, on the Senior Services Agency of Southeastern Virginia. The
motion was adopted unanimously (5-0).
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Supervisor Wright moved that the Board appoint Delores Darden to
serve on the Beautification .Committee. The motion was adopted
unanimously (5-0).
Supervisor Wright moved that the Board reappoint Ruth Hartsfield to
serve on the Commission on Aging. The motion was adopted unanimously
(5-0).
Supervisor Wright moved that the Board reappoint Betty Alphin to
serve on the. Industrial Development Authority. The motion was adopted
unanimously (5-0).
Supervisor Bradby moved that the .Board reappoint Hazel Edwards to
the Southeastern Tidewater Opportunity Project Board of Directors. The
motion was adopted unanimously (5-Oj.
Supervisor Bradby moved that the Board accept the resignation of
Natalie Bradby on the Commission on Aging. The motion was adopted
unanimously (5-0).
Supervisor Bradby moved that the Board appoint Herb DeGroft to
serve on the Commission on Aging. The motion was adopted unanimously
(5-0).
Supervisor Wright moved that the Board appoint Dorothy Gwaltney to
serve on the Blackwater Regional Library Board. The motion was adopted
unanimously (5-0).
//
County Attorney Stroman requested a Closed Meeting pursuant to the
I Code of Virginia Section 2.2-3711A.7 for five (5) matters requiring advice of
counsel on the 'following: One (1) matter requiring legal advice concerning
contract damages; one (1) matter concerning the enforceability of proffers;
one (1) matter concerning the :purchase of development rights; one (1) matter
concerning a contract dispute; and, one (1) matter concerning actual
litigation.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradshaw, Bradby, Clark and Wright voting in favor
of the motion, and no Supervisor voting against the motion.
Upon returning to open session, Supervisor Bradshaw moved that the.
Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
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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 certif cation
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 Bradshaw moved that the Board reconsider its motion made
at the Board's February 5, 2004 meeting with respect to the Board of Zoning
Appeals litigation decision. The motion was adopted by a vote of (4-1) with
Supervisors Bradshaw, .Bradby, Clark and Wright voting in favor of the
motion, and Supervisor MacManus voting against the motion.
Supervisor Bradshaw moved that the Board reverse its decision made at
the Board's February 5, .2004 meeting regarding the Board of Zoning
Appeals litigation matter, and not pursue the litigation previously filed by the
County Attorney. The motion was adopted by a vote of (4-1) with
Supervisors Bradshaw, Bradby, Clark and Wright voting in favor of the
motion, and Supervisor MacManus voting against the motion.
Supervisor Bradshaw stated that the Board had a positive meeting with
the Board of Zoning Appeals (BZA) last Monday. He'stated it was strongly
encouraged by the Board that all BZA members obtain certification as BZA
officials to ensure that they understand the constitutional aspects of their role
as BZA members.
Supervisor MacManus noted the importance of all BZA members
receiving certification in a timely manner to ensure that they understand their
responsibilities as guardians of the County's. Zoning Ordinance. He stated he
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is still concerned that the Board not set precedent that would weaken the
Zoning Ordinance.
Chairman Clark noted the recent meeting with the BZA members was
both productive and educational He stated the main concern of both Boards
is the validity of the Zoning Ordinance.
Supervisors MacManus and Bradshaw agreed that the Budget and
Finance Committees of the Board of Supervisors .and the School Board
would meet. on Monday, March 8, 2004 at 5:00 p.m. in the Board Room.
//
At 7:50 p.m., Supervisor Bradby moved that the Board adjourn its
meeting. The motion was adopted unanimously (5-0).
Stan D. Clark, Chairman
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