05-06-2004 Regular Meeting..
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTH DAY OF MAY 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 -
Donald T. Robertson, Assistant
County Administrator
Carey Mills Storm, Recording Secretary
Chairman Clark called the meeting to order at 6:00 p.m.
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Chairman Clark 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.
Chairman Clark announced that Virginia Dominion Power would be
presenting a deed to the Town of Smithfield for the school house museum on
Wednesday, May 12, 2004 at 11:00 a.m. at The Smi~hfield Center.
The following amendments to the agenda were offered:
County Attorney Stroman requested that a Deed of Reciprocal
Easements and Restrictive Covenants and the First Amendment of Covenants
and Restrictions pertaining to the Shirley T. Holland Industrial Park be added
under the County Attorney's report; that an item concerning a settlement of
litigation concerning a breach of a lease and an update on the probable
litigation arising out of the water and sewer connection fees be added to the
closed meeting.
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Chairman Clark called for Special Presentations.
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Chairman .Clark recognized Tracy W. Pierce as the Isle of Wight
County Public Safety Telecommunicator ofthe Year for 2003,
Supervisor MacManus moved that the Board adopt ~ the following
Resolution:
RESOLUTION TO RECOGNIZE
. TRACY W. PIERCE
AS THE ISLE OF WIGHT COUNTY PUBLIC SAFETY
TELECOIti~VIUNICATOR OF 'TIS YEAR FOR 2003
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WHEREAS, Dispatcher Tracy W. Pierce is a dedicated Public Safety
employee serving. the citizens of Isle of Wight County by answering their
calls for law enforcement, fire and emergency medical services and by
dispatching the appropriate assistance as quickly as possible; and,
WHEREAS, Dispatcher Pierce is highly skilled, always professional,
dedicated, and hard. working; and,
WHEREAS, Dispatcher Pierce has been nominated by her peers. as the
Isle of Wight County Public Safety Telecommunicator of the Year for
providing team building, training, and support skills; and,
WHEREAS, Dispatcher Pierce has been nominated by her supervisors
and peers for her Outstanding Individual Performance in a Critical Incident in
her exceptional handling of a fatal shooting in October 2003; and,
WHEREAS, Dispatcher Pierce has earned the admiration, recognition
and support of her supervisors and peers,. and deserves recognition by the
citizens of Isle of Wight County for her exceptional compassion,
professionalism and skills.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Ms. Tracy
W. Pierce be recognized as Isle of Wight County Public Safety
Telecommunicator ofthe Year for 2003 and all citizens are urged to take note
of this special honor..
BE IT FURTHER RESOLVED that Ms. Pierce be recognized for her
OutstandingIndividual Performance in a Critical Incident.
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 Supervisorsvoting against the motion.
Chairman Clark presented a Resolution to Congratulate Mount Sinai
Baptiste Church on its 125' Church Anniversary to Veronica Hearn on behalf
of Mount Sinai Baptist Church.
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Supervisor MacManus moved that the .Board adopt the following
Resolution:
RESOLUTION TO CONGRATULATE
MOUNT SINAI BAPTIST CHURCH
ON ITS 125TH CHURCH ANNIVERSARY
WHEREAS, Mount Sinai Baptist Church was founded in Isle of Wight
County in 1879; and,
WHEREAS, Mount Sinai Baptist Church is celebrating its 125"
Church Anniversary June 7-13, 2004; and,
WHEREAS, the church provides a means of serving the community
and improving the quality of life for the citizens of Isle of Wight County;
and,
WHEREAS, the Isle of Wight County Board of Supervisors wishes to
recognize and congratulate Mount Sinai Baptist Church on such an
auspicious occasion.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates Mount Sinai .Baptist Church on the occasion of its 125`h
Church Anniversary..
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.
Hampton Roads Economic Development Alliance (HREDA)
Patrick J. Small, Director of Economic Development, announced that
Don Jellig, Chairman of the HREDA, and Jones Hooks, President and CEO
of HREDA, would be arriving late to brief the Board on the ongoing
activities within the HREDA because of heavy traffic congestion in Norfolk.
Chairman Clark noted that the agenda would be amended upon their
arrival to allow them to address the Board.
Dr. Mark Dembert, Interim Executive Director, Western Tidewater
Health District, introduced himself and provided a status report on the
activities of the Health Department.
Steve Wampler, President of Wampler-Eaves Appraisal Group, LTD,
addressed the Board on the .results of the recent County real property
reassessment.. He reported that there was a 23.9% overall increase County-
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wide, including new construction, with a 19.8% increase in the Hardy
Magisterial District; a 28.6% increase in the Newport Magisterial District; a
16.2% increase in the Carrsville Magisterial District; a 25.4% increase in the
Town of Smithfield; and, a 26.7% increase in the Town of Windsor.
Responding to Supervisor MacManus, Mrs. Seward offered to provide
the percentage increases by electoral district, to include the Towns of
Smithfield and Windsor.
Supervisor Bradshaw asked Mr. Wampler to provide the Board with a
copy of the market analysis booklet utilized to establish the square footage
rates.
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Chairman Clark indicated the Consent Agenda included the following
items:
A. Resolution to Accept and Appropriate $2,000 in Donations from
the Town of Smithfield
B. Resolution to Authorize the Submission of a Grant Application
and to Accept and Appropriate Grant and Donated Funds for
Emergency Response Equipment
C. Resolution to Accept and Appropriate Selective Enforcement
Grant Funds from the Virginia Department of Motor Vehicles
D. Resolution to Submit an Application for U.S.D.A. Summer Food
Service Grant Frogram Funds and to Accept and Appropriate
Grant Funds
E. Resolution to Appropriate $40,000 from the- Economic
Development Reserve Fund of the Capital Projects Fund for the
Purchase of Road Right-of--way -Cost Plus Expansion Project
F. Advertisement and Adoption of Special Revenue/Enterprise
Funds - FY04-OS
G. Action Plan Objective 4.C. -Plan to Market the 460 Corridor for
a Major Tourist Attraction
H. Receipt of County Treasurer's Turnover Audit
I. March 31, 2004 Continued Meeting Minutes
J. April 1, 2004 Regular Meeting Minutes
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Chairman Clark asked if there were any items for removal.
Supervisor MacManus requested that Item (G), Action Plan Objective
4.C. -Plan to Market the 460 Corridor for a Major Tourist Attraction, be
removed from the Consent Agenda for further discussion.
Supervisor Bradshaw requested that Item (B), Resolution to Authorize
the Submission of a Grant Application and to Accept and Appropriate Grant
and Donated Funds for Emergency Response Equipment, be removed from
the Consent Agenda for further discussion.
Supervisor Bradshaw moved the Board adopt the Consent Agenda, as
amended, with Items (B) and (G) removed. 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.
With respect to Item (B), Resolution to Authorize the Submission of a
Grant Application and to Accept and Appropriate Grant and Donated Funds
for Emergency Response Equipment, .Supervisor Bradshaw moved that the
Board adopt the Resolution and direct the Director of Emergency
Management to review the process for how the funding was set up and
appropriated to the Carrollton Volunteer Fire Department and. report back to
the Board for further recommendation. 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.
With respect to Item (G), Action Plan Objective 4.C. -Plan to Market
the 460 Corridor for a Major Tourist .Attraction, Supervisor MacManus
moved that the Board approve and have the Fair Committee look for ideas
and add specifics regarding cost schedule, advise a timeframe when the
Board would be receiving this information, and to encourage,staff to set up a
plan to look at other opportunities for tourism in the southern portion of the
County. 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 Regional Reports.
Supervisor MacManus reported that the Southeastern Public Service
Authority is discussing the possibility of reducing the tipping fee from the
projected $49 per ton to $47 per ton.
With respect to the Hampton Roads Economic Development Alliance,
Chairman Clark reported that he and the County Administrator attended the
grand opening for the development in Portsmouth.
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With respect to the .Virginia Association of CountieslBoard of
Directors, Supervisor Bradshaw reported that the Chairman of the Fairfax
County Board of Supervisors submitted a letter explaining .that County's
situation with the car tax. He stated the proposal is to cap the car tax at the
.dollar amount today that the counties are being reimbursed through the. State.
He noted citizens will only continue to receive a 70% car tax cap if a locality
picks up .the difference.
Chairman Clark reported that the Board and staff recently took a tour of
the International Paper facility.
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Chairman Clark called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, presented a
request from the Camptown residents fora "No Through Trucks" sign in
their community.
Mr. Hartley announced that he has hired an individual who will be
addressing transportation matters and who will be reporting to work on June
1, 2004. a
Mr. Hartley referred to the listing of outstanding projects/issues with
VDOT contained in the agenda. He requested the Board. advise him with
respect. to any outstanding projects that are not included in the list.
Supervisor .Wright requested that Mr. Hartley take the appropriate
action to place Poor House Road on the Candidate List for paving.
Supervisor Bradshaw requested that Mr. Hartley review the specifics
for adding roads to the Candidate List and report back to the Board.
Mr. Hartley advised that if Poor House Road is not currently on the
Candidate. List for paving, he would proceed with preparing a resolution for
.inclusion in the Consent Agenda for the Board's May 20, 2004 meeting.
Supervisor Bradshaw.moved that the Board direct staff to send a letter
to the VDOT Resident Engineer inquiring why Dukes Lane has not yet been
taken into the State system and requesting that VDOT provide the Board with
an anticipated date when the roadway will be taken into the State system and
the. date that VDOT intends the project to go out on -bids for paving. 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 inquired when Duck Town Road will go out for
bids.
Mr. Hartley offered to check with VDOT on the anticipated bid date
and report back to Supervisor Bradshaw.
On the status of Whispering Pines Trail, Supervisor Bradshaw noted
that he and Mr. Hartley would speak with the VDOT Resident Engineer next
week about the status of the drainage. ditch work, .grading work and the
.telephone line.
Chairman .Clark requested that Mr. Hartley advise the VDOT Resident
Engineer when he meets with him next week that VDOT will have to
continually address the potholes that are occurring as a result. of large truck
traffic on Sugar Hill Road; that the Board has not heard back from Mr.
Neblett on the "Children at Play" signs and the crossing signs at Gatling
Pointe on Battery Park Road between Gatling Pointe North. and South
(possible speed reduction); that striping has not been painted on Reynolds
Drive; and, that the completion date for the Rescue Bridge has. not moved
from the July, 2004 timeframe.
With respect to revisions to the Rural Addition Roads statute, Mr.
Hartley advised that the date has been moved from 1990 to 1992 when roads
are eligible and that minor adjustments have been made to the program.
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Chairman Clark called for Citizen's Comments.
Grace Keen presented the National 2004 Arbor Day Award for the
County's Plant a Tree for a Child Program.
Chairman Clark moved that the County Administrator be directed to
display the Award in a conspicuous place in the Courthouse. The motion was
adopted by a vote. of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the emotion, and no Supervisors voting
against the motion.
Albert Burckard formally requested that the Board intervene to delay
VDOT's plan to demolish the small brick structure at the southwest foot of
the James River Bridge, formerly utilized as an administrative building for
tool booths. He noted that the Isle of Wight Citizens Association, the
Southside of the James Attractions, the Carrollton Civic League and the
Statewide Coordinator for the Jamestown 2007 Celebration .also support this
request.
Supervisor Bradshaw moved that the Board consider this request under
New Business for further discussion and that the Board receive a report from
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staff on the 2007 activities that, the County will be staging. 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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At 5:00 p.m., Supervisor Bradshaw moved .that the Board amend the
order of the agenda in order to conduct the public hearing, The motion was
adopted unanimously (5-0).
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Chairman Clark called far a public hearing on the following:
The. application of Carter R. Clements for a change in zoning
classification from RAC to Conditional Rural Residential of
approximately 7.5 acres of land located on the east side of Antioch
i Road (Route 657) north of West Blackwater Road (Route 603) in the
..Windsor .Election District. The purpose of the application is for four
(4) single-family residential lots.
Mr. Hartley noted that the Board heard the application at its last
S meeting and requested that it be readvertised in order to allow the applicant
time to revise the proffers. He stated included in the agenda are the revised
proffers which address the items the Board discussed.
Chairman Clark called for persons to speak in favor of, or in opposition
to, the. application.
Durwood Scott, real estate broker for the applicant, requested that the
j Board approve the revised proffers as submitted by the applicant.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved the Board approve. the application of Carter
R. Clements, as conditioned. 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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Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted unanimously (5-0).
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Chairman Clark called for the County Attorney's report.
County Attorney Stroman commented that the Board, at its previous
meeting, authorized. the termination of the lease with the County's prior
tenants of the "Johnson Farm" due to their breach. He advised that James
Johnson is willing to enter into a lease with the County at the price of $30 per
acre.
Supervisor Bradshaw noted that ,the Carrsville Volunteer Fire
Department has expressed concern because they are using the area for
parking during the Shrimp Feast. He suggested that Mr. Johnson and he meet
with the Director of Emergency Management to further discuss the concern.
Supervisor Bradshaw moved that the Board direct County Attorney
Stroman to develop a proposed lease between the. County and James Johnson,
and to advertise a public hearing on the matter at the Board's May 20, 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.
County Attorney Stroman requested that the First Amendment of
Covenants and Restrictions pertaining to the Shirley T. Holland Industrial
Park be approved by the Board as revised to reflect the deletion. of Paragraph
28 of the original covenants with respect to parking provisions.
Supervisor Wright moved that the Board authorize the Chairman to
execute the document, subject o the approval of the County Attorney. 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.
County Attorney Stroman presented a Deed of Reciprocal Easements
and Restrictive Covenants for the Shirley T. Holland Industrial Park which
he recommends the Board authorize the Chairma,~ to sign on behalf of the
County.
Supervisor MacManus moved that the Board authorize the Chairman to
execute the document, subject to the approval of the County .Attorney. 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.
County Attorney Stroman noted that he would be requesting a closed
meeting to discuss a claim against the County and probable litigation arising
out of the denial of an exception under the Chesapeake Bay Preservation
.Area Ordinance, a matter concerning a settlement of a litigation concerning a
breach of a lease and an update on the probable litigation arising out of the
water and sewer connection fees.
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Chairman Clark called for the Community Development Report.
Mr. Hartley presented the following. application for the Board's
consideration:
The application of David L. and Debra F. Conlon fQr an appeal of an
administrative determination that the reconstruction of their residence
at 24146 Creekview .Lane does not meet the criteria as redevelopment
contained in the Isle of Wight .County Chesapeake Bay Freservation
Area Ordinance. The property consists of Lot 7, C. L. Obrey Land and
is located in the Alewport Election District.
Mr. Hartley brought to the Board's attention that he- had placed an
email from the Chesapeake Bay Local Assistance Department at the Board's
various seats prior to the. start of the .meeting. He commented that his
concern with this application is .its implication on the program because if the
impervious surface is used as the point of determining where an
encroachment is measured, then you begin to .add all kinds of impervious
surfaces that are substantially closer than a .structure may now be, to include
retaining walls, sidewalks and patios. He stated that his concern is not as
much with what the Conlon's are proposing, but rather what the implications
are to the way his office .has administered the program in the past and expect
to administer it in the future.
Debra F. Conlon, applicant, requested that the Board approve her
application for redevelopment status, pursuant to the Chesapeake Bay Area
Ordinance, Section 4001.A2 and Section. 4000.B.8. She -stated Planning and
Zoning staff has administratively denied her request for redevelopment and
she believes she is being singled out for unfair treatment in her effort to
remodel her home. She stated her home is situated 460 feet from the creek,
142 feet from .the edge of the tidal marsh and contains more setback than any
of her existing neighbors. She stated that her home is not bulkheaded and
there are two (2) ravines on the east and west sides. of her home. She stated
she desires to rebuild her existing home, from the existing floor level and up,
because. -her. builder has advised her that if she moves or changes: more than
50% of the walls of the current structure, that it will be more efficient and
cost effective to rebuild all -the walls. She stated the remodel will entail
utilizing the, existing foundation, the joints and flooring, the basement and
two (2) car garage. She stated that the. Chesapeake Bay Preservation Area
Ordinance stipulates that there must not be an increase in the amount of
impervious cover; that the non-point pollution load will be reduced by at
least. l0%; and, that there will be no further encroachment into the RPA. She
stated the issue is related solely to the third criteria, which is encroachment
into the Resource Protection Area (RPA).
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Chairman Clark noted he would like for the County Attorney to review
the statute and make a determination.
County Attorney Stroman advised that he has reviewed the materials
and he has concerns with what appears to be some inconsistency in the
positions taken by CBLAD. He made reference to the regulation 10-20-40
under the definition of impervious cover which refers to parking areas and
any concrete, asphalt, or compacted service. He stated the definition of
redevelopment states "the process of development land that is or has been
previously developed." He stated regulation 10-20-30 does not speak to
impervious cover, but states "redevelopment. outside of the locally designated
intensely developed area should be permitted only if there is no increase in
the amount of impervious cover and no further encroachment .within the
RPA. He stated with respect to the CBLAD guidance document, on page 2,
there is a reference which states "the new structure and/or impervious areas.
are approximately in the same physical. location as the previously existing
structures and/or impervious areas." He stated it goes on to read "that .the
RPA features are not further. encroached upon." He noted the next page of
the guidance document states "for the purposes of the Bay Act Program,
development is not additions or expansions to existing structures." He noted
that he is troubled with the inconsistencies received from CBLAD.
Chairman Clark commented that he did not see how approving this
application would be setting a precedent.
Supervisor Bradshaw noted the applicants are making every effort to
maintain the impervious area in this unique situation. He further noted that
the applicants are also moving away from the RPA.
County .Attorney Stroman commented that Mr. Hartley's primary
concern is that the sidewalk is located along the front of the house, and that is
the pervious surface; under the applicant's interpretation, they are not
encroaching because they are not proceeding past the sidewalk. He cautioned
that in the future, other applicants could cor7e before the Board on
redevelopment interpretations and state that there are other impervious
surfaces, not the structure, and they are not moving past those; therefore, they
qualify for redevelopment. He stated he .believes it is a rare situation where
the RPA will be on all three (3) sides of a property.
Supervisor Bradshaw pointed out that no one has spoken in opposition
to this request; however, citizens have supported the request of the applicant.
He stated it is the responsibility of this Board to use a realistic approach and.
not be a roadblock to citizens.
Supervisor MacManus stated the complication he has is with the issue
of consistency. He reminded the Board that two (2) years ago a request for a
home to be built on a peninsula where there was a 100 foot RPA was denied
by the Board. He noted that there are still some viable options for the
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Conlons, such as ~ building on the existing footprint or going outside the 100
foot RPA. He stated he voted against the request two (2) years ago,. and he
could not, in good conscience, vote. in favor of this request tonight.
Chairman Clark pointed out that. the previous application was for an
exception to the IZPA. He noted that the Board had made the right decision
on than application because it did not qualify for an exception because there
was buildable area outside the RPA.
N Supervisor Bradby noted if more people had the same kind of concern
for their families as the Conlons, there would not be a need for nursing
homes. He noted he did not have a problem voting in favor of the
application.
Supervisor Wright stated if the. applicants built upward on their
existing home or moved -their home further back on the lot he would have a
problem with voting in favor of the application. He noted that the only way
to protect the Chesapeake Bay is to keep structures out of the RPAs.
Chairman Clark moved the Board approve the application of David L.
and Debra F. Conlon. The motion was adopted by a vote of (3-2) with
Supervisors Bradby, Bradshaw and Clark voting in favor of the motion, and
Supervisors MacManus and Wright voting against the motion.
Mr. Hartley presented afollow-up on the .design and installation
standards .for the Resource Protection Area (1tPA) signage required by the
Chesapeake Bay Preservation Area Ordinance. Section 4002 B.6.
Supervisor Bradshaw moved that the Board direct Mr. Hartley to take
the suggestions, as follows, for the signage requirements for the CBLAD
Ordinance and draft a new set of regulations to be presented to the Planning
Commission for their recommendation and presentation back to the Board:
how the sign will be attached. to the tree
the Ordinance should include that the sign,must be replaced
when damaged,. lost or it deteriorates and who will
determine when the sign must be replaced.
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if steel posts are utilized, will the steel be paint resistant
and how long will it have to be maintained
will the posts be salt treated
.the sign should be 3 x 5 in size
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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 Economic Development Report.
Wade Taylor, Marketing Manager, presented a Resolution to Proclaim
May 17-23, 2004. as Business Appreciation Week. He recommended that the
Board adopt the Resolution.
Supervisor ~MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO PROCLAIM MAY 17-23, 2004
BUSINESS APPRECIATION WEEK
WHEREAS, Isle of Wight County is pleased to have a thriving base of
business and industry to support the local economy; and,
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Isle of Wight County; and,
WHEREAS, these businesses. provide local revenues from which the
entire citizenry benefit; and,
WHEREAS, these businesses also make significant contributions in our
communities to promote educational opportunities for our children and
promote a variety of activities which increase the quality of life in the area;
and,
WHEREAS, we recognize and appreciate these businesses.
NOW, THEREFORE, BE IT RESOLVED THAT the Isle of Wight
County Board of Supervisors hereby recognizes our existing businesses, and.
by virtue of this resolution gives notice to our citizens that "Together We
Make a Difference,"
AND, further, that the week of May 17-23, 2004 is Business
Appreciation Week in Isle of Wight 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.
Wade Taylor invited the Board to attend the Fifth Annual Business
Appreciation Golf Tournament scheduled for Tuesday, May 18, 2004, at the
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Cypress Creek Galf Club, beginning at 8:00 a.m. with a reception at 5:30
p.m.
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Chairman Clark called for the Emergency Management Report.
Richard O. Childress briefed the Board on the County's preparedness
for the upcoming hurricane season, specifically as it relates to the lessons
learned from Hurricane Isabel.
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Chairman Clark called for. the Public Utilities Report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented a
change order for a time extension for the Public Works/Public Utilities
building for the Board's consideration.
Chairman Clark moved that the Board approve asixty-one (61) day
extension bringing the date of the contract to June 14, 2004 to J. R. Wills &
Sons, Incorporated for the construction and expansion of a maintenance
building for the Departments of Public. Works and Public Utilities. 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..
Donald T. Robertson, Assistant County Administrator, presented the
Carrsville Fire bepartment structural repairs agreement for the Board's
r consideration.
Supervisor Bradshaw moved that the Board authorize, the Chairman to
execute the Carrsville Fire Department structural repairs agreement on behalf
of the County. 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.
Anne F. Seward, Director of Budget and Finance, updated the Board on
the bond sale that occurred yesterday. She noted that $166,000 was saved in
the refunding with an average of $17,000 annually in savings.
Ms. Seward presented the results of the County's surplus property sale.
She requested that the Board authorize the donation of one (1) eligible
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vehicle to an authorized Isle of Wight United Way 501(c)(3) nonprofit
organization.
Supervisor MacManus suggested that in the future any vehicle that can
no longer be utilized by the County be donated to a needy family in the area.
Supervisor Bradshaw brought. to the attention of Ms. Seward that
NACo/VACo has a surplus auction on the Internet.
Chairman Clark moved that the Board donate one (1) eligible vehicle
(1993 Mercury Topaz) to an authorized Isle of Wight United Way 501(c)(3)
nonprofit organization. The motion was adopted by a vote of (4-1) with
Supervisors MacManus, Bradby, Wright and Clark voting in favor of the
motion, and Supervisor Bradshaw voting against the motion.
Pursuant to comments by Supervisor Wright at the Board's previous
meeting, Donald M. Long, Director of Public Works, briefed the Board on
the issue of white goods and junk metal at the County's convenience center.
Supervisor Bradby encouraged Mr. Long to advise the Board of items
that are needed by the Department of Public Works to address the increased
volume of refuse that has resulted from the increased growth in the County.
Supervisor Bradshaw moved that the Director of Public Works perform
an entire evaluation and provide the Board with a presentation at its June 3,
2004 meeting covering the entire Public Works Department equipment fleet,
noting its current condition, to include a schedule for upkeep, replacement
and upgrade, and provide the Board with recommendations, in order of
priority. 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. Long and Gary Herrmann, Assistant Director. of Public Works,
briefed the Board on the County's unmanned convenience centers, which are
becoming a liability to the County due to envirDnmental concerns and
unattractiveness. Mr. Long advised that SPSA has advised the County that it
will begin citing the County for illegal items that are placed in the dumpsters
at the various convenience centers.
Supervisor Bradshaw moved that the Board. form a committee
consisting of Supervisor Wright and himself to work with Mr. Long to
develop a plan of implementation for all convenience centers in 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.
Maston S. Parham, Director of Human Resources, presented a proposed
revised Inclement Weather Policy for the Board's consideration.
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Supervisor MacManus moved that the Board adopt the revised
Inclement Weather 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. Parham presented a proposed .Guidelines and Procedures for
Emergency Response and Sheltering for the. Board's consideration.
Supervisor MacManus moved that the Board adopt the revised
Guidelines and Procedures. for Emergency Response. and Sheltering. 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. Robertson noted that he recently .met with members of the
Transportation Safety Committee relative to that Committee's future
function. He requested that the Board outline the .specific capacity that the
Board would like for that Committee to function in so that their respective
bylaws can be amended and returned to the Board for consideration. He
noted that should the Board desire that the Committee cease to function, the
Board would need to direct staff to take the appropriate action to dissolve the
Committee accordingly.
Supervisor Bradshaw moved that the Board direct staff to work with
the Transportation Safety Committee; that the Transportation Safety
Committee become a Transportation Committee; and, revise their bylaws
with the focus to be based on preventive maintenance.. 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 Bradshaw moved the Board amend the regular order of the
agenda in order to hear from Jerianne Gardner. The motion was adopted-
unanimously (5-0).
.Jerianne Gardner briefed the Board on the recent meeting held by the
Isle of Wight Historical Society on May 2, 2004. She reported that the
Society does not support the Tavern to be used for office space. She
requested. that a copy of the report on Lawne's Creek be provided to the
Society. She stated the Society encourages the Board to restore the Jordan
home as the property is developed in the Benns Church activity. center.. She
stated the Society is requesting the help of the County in creating a license
plate utilizing the County's decal with the funds to be earmarked for historic
preservation. She. requested the assistance of the County Attorney in the
Society utilizing a logo with a banner stating "The Isle of Wight Historical
Society."
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Supervisor Bradshaw moved that the request be considered under New
Business. The motion was adopted unanimously (5-0).
Chairman Clark moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
//
Chairman Clark called for Old Business.
Debbie J. Sivertson, Administrative Analyst, stated pursuant to the
Board's action, included in the agenda .are alternatives for disseminating
information to the public with respect to County services.
Supervisor MacManus moved that the Board direct staff to proceed
with a twelve (12) page two-color document and staff is to accomplish this in
a timely fashion. 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 .moved that staff continue with the Board's
directive to print 5,000 Citizens Guides. 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.
Anne F. Seward, Director of Budget and Finance, noted contained in
the Board's agenda is a summary of responses to previous actions and
pending items with respect to the Isle of Wight County General Operating
and Capital Budget for Fiscal Year July 1, 2004 through June 30, 2005
(Tabled April 15, 2004). She stated she has distributed information on the
meals tax implementation plan and tax relief for the elderly.
Supervisor MacManus noted when the assessment is processed, the
Board intends to address the issue of tax relief for the elderly. He noted that
he was in favor of Option (3) in the amount of $95,000 to bring. the total
combined income to $30,000 and the total asset to $100,000.
Supervisor Bradshaw moved that the Board direct staff to move
forward with Option (3) for the. real estate tax relief program and have it
presented at the same time as the Board discusses the reassessment. 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 moved the. Board take a five (5) minute recess, which
passed unanimously (5-0).
17
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Chairman Clark moved the Board return to open session, which passed
unanimously (5-0).
Supervisor MacManus moved that the Board direct Ms. Seward to
proceed; with the process for implementing the meals tax, the amount is to be
consistent throughout the County. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in y
favor of the motion, and no Supervisors voting against the motion.
Chairman Clark clarified that the Commissioner of Revenue. is not
required to come under the County's Pay and Classif cation Plan in order to
receive funding from the County for the additional position in her
Department.
Supervisor Bradshaw requested that Ms. Seward place funding in the
maximum amount of $110,000 in the budget for a Public Works boom truck.
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 Ms. Seward place $5,000 in the
budget for Red Cross training, and that the Board must approve the
disbursement.
Supervisor MacManus noted. there is not a benefit to including the local
.impact amount for the Isabel/Hazard Mitigation Grant at this time as an
adjustment will have to be made when the State decides its budget. He
requested staff to keep this issue on the list and Mr. Robertson to continue to
pursue grant funding by altering. the County's application accordingly.
Ms. Seward noted that she had incorporated $10,200 for the
Informational Brochure and $3,850 for the Citizens Guide, as approved by
the Board tonight.
Supervisor MacManus stated the .school administration is agreeable
with the County, per the letter dated April 9, 2004, taking the liability for
$336,000 an potential health. claims that could potentially be incurred in the
FY04-05 year. He recommended that the County ..assume this responsibility
for $336,000 which does not raise the County's. budget amount, it is a
liability that can be taken out of the County's reserve funding, if needed. He
stated. the school administration has indicated that $600,000 will be available
for returned funding that would. be utilized as funding for the next fiscal year
2004 to 2005. He further recommended that from the list of potential items
from the school administration in the amount of $321,000, that the County.
fund $150,000. He recommended holding off the funding of $100,000 for
upgrades for information retrieval; $25,000 .for replacement of classroom
carpet with vinyl tile; and, $46,000 for paperless School Board meetings. He
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recommended that the Board adjust funding for the school administration
from $20,406,000 to $19,962,000.
County Attorney Stroman clarified that the Board is making a good
faith statement of intent as to what may be done for .funds that are in the
current fiscal year that you may or .may not take action on. He stated the
Board cannot, at this point in time, commit itself to take this .action.
Chairman Clark moved that the Board direct Mrs. Seward to include
$200 for the General District Court line item for equipment. 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 Bradshaw requested Mr. Rountree to provide the Board
with a report on the cost to contract out the replacement to the Carrsville
water system at the Board's June 3, 2004 meeting.
Mrs. Seward noted that she would come back to the Board with any
needed modifications in accordance with State funding needed by the Board
for the budget.
Supervisor MacManus moved the Board adopt the proposed FY2003-
04 General Operating and Capital Budget in the amount of $67,645,027, with
the adjustments, as specified, which would reduce the draw from the Fund
Balance to $210,173. 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 called for New Business.
With respect to the request of Albert Burckard under Citizens
Comments concerning the James River Bridge Toll Booth, Chairman Clark
moved that the Board direct Mr. Hartley to prepare a letter for signature by
the Chairman to VDOT with the request that VDOT hold off on any
immediate demolition pending staffs contact with them in conjunction with
the three (3) citizens organizations. 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.
Concerning the 2007 Activities, Supervisor MacManus suggested that
he, Diane Woolley and Supervisor Wright attend a .Windsor Town Council
meeting and make a .presentation to advise what the Town of Smithfield is
anticipating to do and offer to mentor the Town of Windsor so that the Town
can come up with its own project.
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Chairman Clark requested.. Mr. Hartley to request that the archeologist
employed by Lawne's Creek come speak to the Boazd regarding the findings
at Fort Huger.
Supervisor Bradshaw requested that the County Attorney report back to
the Board on the conditions placed on the borrow pit that was approved in the
past with respect to the Jordan home .being restored.
With respect to the request of Ms. Gardner under Citizens Comments
concerning the .Isle of Wight Historical Society to create a license plate
utilizing the County's decal with the funds to be earmarked .for historic
preservation, Supervisor Bradshaw moved that the issues .raised by Ms.
Gardner with respect to license plates and the use of the County's logo be
referred.. to staff, instead of the County Attorney, for review and
recommendation back to the Board at a later time. 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 Bradshaw moved that the Board. direct staff to contact the
County's members of the General Assembly and ensure that they have a copy
of the May 4, 2004 letter from the Department of Emergency Management
regarding their position that the project for elevation would not be forwazded
to FEMA far funding and that the County solicit their support in having this.
project move forward. The motion was. adopted by a vote. of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor
r
of the motion, and no Supervisors voting against the motion.
!/
Chairman Clark called for Appointments.
Supervisor MacManus moved that the Board reappoint Chairman Clazk
to the Hampton Roads Planning District Commission Executive Committee.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved that the. Board accept the resignation of
Anita Runkel on the Beautification Committee. The motion was adopted
unanimously (5-0). .
Chairman Clark moved that the Board accept the resignation of Tom
Meador on the Boykin's Tavern Advisory Committee. .The motion was
adopted unanimously (5-0).
Chairman Clark moved that the Board appoint Albert Burckazd to the
Boykin's Tavern :Advisory Committee. The motion was adopted
unanimously (5-0).
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Chairman Clark moved that the Board reappoint Ms. Briley to the
Blackwater Regional Library Board. The motion was adopted unanimously
(5-0).
Supervisor Bradshaw moved that the Board appoint Gary Cofield to the
Senior Services of Southeastern Virginia. The motion .was adopted
unanimously (5-0).
Supervisor Bradshaw moved that the Economic Development Strategic
Planning Support Group be abolished based on the recommendation of the
Director of Economic Development, effective June 30, 2004. The motion
was adopted unanimously (5-0).
//
County Attorney Stroman requested a closed meeting pursuant to
Section 2.2-3711.A.7 to discuss the settlement of a legal claim against the
County arising out of the denial of an exception under the Chesapeake I3ay
Preservation Area Ordinance; under Section 2.2-3711.A7 to discuss a
proposed settlement arising out of .actual litigation relating to a breach of a
lease case in favor of the County; under Section 2.2-3711.A.7 concerning
legal advice and presentations from staff concerning a legal matter and
probable litigation concerning a water and sewer connection fee against the
County; and, under Section 2.2-3711,A.1 concerning a personnel issue.
Chairman Clark 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, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board return to open session. The motion
was adopted by a vote of (5-0} with Supervisurs MacManus, Bradby,
Bradshaw, Wright and Clark voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Clark 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;
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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 DUIEtING VOTE: 0
ABSENT DURING MEETING: 0
Chairman Clark moved that the Board authorize the County Attorney to
resolve the lawsuit involving the breach of lease on the terms that were
discussed. 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 moved that the Board appoint Donald T. Robertson,
Assistant County. Administrator, as the Acting Clerk of the. Board of
Supervisors for the next twenty-four (24) hours. 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.
//
At 9:05 p.m., Supervisor Bradby moved. that the Board adjourn its
meeting. The motion was adopted unanimously (5-0).
ate:
Stan D. Clark, Chairman
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