09-30-2004 Regular Meeting1
REGULAR .MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
.SUPERVISORS HELD THE THIRTIETH DAY OF SEPTEMBER 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:. Jaeob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Operations.
Carey. Mills Storm, Recording. Secretary
Chairman Clark. called the meeting to order at 6:00 p.m. and delivered
the invocation.
//
The Pledge of Allegiance was conducted.
//
1
.Chairman Clark called for approval of the agenda.
County Attorney Stroman requested that the following amendments be
made. to the agenda. as follows: Under Transportation Matters, add a late
item .pertaining to a street closure for a Homecoming event at the request of
the Town of Windsor; Under.- the County Administrator's Report, add a
request for a late .item concerning a School Board appropriation request;
Under Old Business, add a request from. the applicant, Archer L. Jones, II to
table the mutter until the Board's October 2 i, 2004 meeting and, substitute in
its place., a meals. tax plan discussed at a prior meeting; Under New Business,
add a request of Cumberland County concerning Virginia State Parks
funding; Under New Business, add the receipt of a report from the County's
IT Department on PEG Channel. Broadcasting; .and that two (2) items be
added to the Closed Meeting concerning .personnel evaluation of County
staff.
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, Clark and Wright voting in favor of the
motion, and no Supervisors voting :against the motion.
//
l
L~~~K
.Chairman . Clark called for Special Presentations and presented
.Employee Service Awards to Ms. Fri~nces Elizabeth King for five (5).years of
continuous .service; Mr. Marvin M. Pulley, Jr. for .ten (10) years of
continuousservice; and, Ms. Margaret Estelle Zerick-for twenty (20) years of
continuous service.
Karen Casey, Operations Manager with the. Department of Parks and-
Recreation, formally introduced to the Board the following 2004 Miss Isle of
Wight County Fair Queens: Miss Michaela Noel of Smithfield/Wee Miss;
Miss Ariel Salerno of Suffolk/Little Miss; Miss Lily Ann Harris of
Smithfield/Junior Miss; Miss Marissa Morningstar of Smithfield/Pre-Teen
Miss; Miss Katie Callow of Windsor/Miss Isle of Wight County Fair.
The Board viewed the newly produced "Peanuts, Pigs and Progress"
video developed by CII~TEBAR Productions Inc. of Newport News, Virginia
which is currently on exhibit at the Isle of Wight County Museum. ~-
//
Chairman Clark indicated the Consent Agenda included the following
items:
A. Resolution to Accept and Appropriate $865,808 from the State
and Federal Governments for Carryover Grant Programs.
B. Resolution to Appropriate Funds from the Designated Fund
Balance for the Completion of Various Carryover Operating and
Capital Projects
C. Resolution to Authorize the Solicitation of Proposals for Non-
Professional Services for the Update of the Subdivision
Ordinance
D. Resolution to Accept and Appropriate Grant Funds for Get
Alarmed, Virginia! Program.
E. Resolution to Authorize the Submission of a Grant Application
and to Accept and .Appropriate Grant and Donated Funds for
Emergency Response Equipment
F. County Strategic Plan of Action/Objective 4.E.
G. Health Department Structural Problems
H. Enterprise Zone Application
I. Resolution of Support for Donald L. Hart, Jr. to Serve as
Secretary/Treasurer of the' Virginia Association of Counties
2
1
1
1
J. ~ Voting. Credentials for the VACo Annual Business Meeting
K. The printing of the Benns Church Activity Center, Roadmap for
Growth.
L Isi fW'htC C
gp_
r r ~~, ~ r
II
i~
e o ig ounty ommunity Development Block Grant
(CDBG) Flood ReclamationProgram -Program Income Plan
M. Right-of--.Way Agreement between the Board of Supervisors of
the County of Isle of Wight, Virginia and Virginia Electric and
Power Company doing Business in Virginia as Dominion
Virginia Power
0, September 2, 2004 Regular Meeting Minutes
Chairman Clark asked if there were any items for removal..
..Supervisor MacManus requested that Items.. (F), (I~), .and (M) be
removed from the Consent Agenda`for further discussion.
Supervisor MacManus moved that -the Board adopt the Consent
Agenda, as amended.. 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 (F), County Strategic Plan of Action/Objective
4.E., Supervisor Mac'Vlanus questioned Ms. Woolley if it was her conclusion
that it is not possible to increase the amount of tourists being. brought into the
County.
Diane Spencer Woolley, Director of Tourism, advised that because of
the limited amount of resources that are available, it is not possible to
increase the amount of tourists at this point in time. She noted that-she would
like to discuss the matter further with the Board at its retreat in January,
2005.
Supervisor MacManus requested .that Ms. Woolley. bring. back a
compromise proposal, staggered over a three (3) year period, illustrating just
what could be achieved to bring tourists into the County on the. weekends.
Supervisor MacManus moved that the Board direct staff to come back
with a master schedule..for the Board's consideration at its November 4, 2004
meeting of what can be achieved to bring in tourists, to include the number of
events currently scheduled. for the year, as well as additional events that
could be scheduled over the next three (3) years. The motion was adopted by
a vote of (5-0) with Supervisors MacManus, Bradby,. Bradshaw,. Clark and
3
., , o__ .. _ „~.
w .~.~
r _ ,,. „ .._ ~rY ~~
gg~r ~~ •.
Wright voting in .favor of the motion, and no Supervisors voting against the
..motion.
With respect to Item (K), the printing of the Benns Church Activity
Center, Roadmap for Growth, Supervisor. MacManus requested that .staff
elaborate an the details.
K
Jonathan W. Hartley, Director of Planning and Zoning, stated that l OQ
copies are proposed for printing, and that while the information could be
posted on the County's web channel, hard copies are intended for sale and
distribution to the various libraries, commissions and boards.
Supervisor MacManus moved .the Board accept the report with the
added notation that staff is to attempt to recoup the cost of production from
non-public purchasers. 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 (M), Right-of-Way Agreement between the Board
of Supervisors of the County of Isle of Wight, Virginia and Virginia Electric
and Power Company doing Business. in Virginia as Dominion Virginia
Power, Supervisor Bradshaw moved the Board approve the Agreement. The
motion was adopted by a vote of (4-0-1) with Supervisors Bradby, Bradshaw,
. Clark and Wright voting in favor of the motion; no .Supervisors voting
against the motion; and, Supervisor MacManus abstaining from discussing
and voting on the matter.
//
Chairman Clark called for Regional Reports.
Chairman Clarke .reported that the Hampton Roads Partnership, the
Hampton Roads Economic Development Alliance, the Mayors and .Chairs
..Caucus, the, Southside Mayors and Chairs, and the Hampton Roads Planning
District Commission all discussed the overwhelming concern with
transportation issues, and the prospects of the General` Assembly allocating
new monies for transportation in the State, as well as workforce development
issues. He noted that Governor Warner recently. met with the Mayors and
Chairs Caucus to warn that local governments would not receive additional
funding for transportation issues this year, and he encouraged all localities to
meet with their delegates to solicit support for funding for transportation
issues.
Supervisor MacManus reported there. is an upcoming work session to
review the- use and support agreements for the Southeastern Public Service
Authority that need to be put in place beyond 2018.
4:
22 ~ . ~~ ` 7
1
[J
1
Supervisor MacManus reported .several action. items. discussed by the
Intergovernmental Relations Committee are also on the Board's agenda
today, to include an item pertaining to he Route 258/railroad crossing.. He
stated that building and generator. maintenance cost sharing for the Windsor
Volunteer Fire Department was also discussed.
Supervisor MacManus reported there is a Coalition of High Growth
Communities meeting scheduled for October 4, 2004. in Arlington, Virginia,
and while he would be attending the V1~Co meeting for -.High Growth
Coalition at the VACo Annual Conference, he would be unable to attend the
meeting in Arlington.
Supervisor Wright reported that structural engineers found that there
was no reinforced rods placed in the .front of the Western Tidewater Regional
Jail building. He noted a more thorough report would be forthcoming in the
..near term.
Supervisor. Bradshaw reported that the Virginia Association of
Counties is formulating its legislative priorities, with the top priority this year.
being the personal property tax. He noted that the cap passed. through the
General Assembly. this year with respect to refunds for personal property has
been set at a dollar amount, not a percentage amount. He stated the Finance
Committee should be contemplating discussions on how to best address the
revenue that will be lost from the State beginning in the }ear 2006.
//
Chairman Clark called for Transportation Matters.
Sandon Rogers, Transportation Planner, stated .that .the Town of
Windsor has been attempting to coordinate the repair of the Norfolk Southern
crossing at U.S. Route 258. He further stated the Town of Windsor has
received a commitment from the VDOT Resident Engineer to allow Norfolk
Southern to close the crossing, and detour traffic .around the site to Bank
Street. He continued that during the course of meetings between the Town of
Windsor, VDOT and the Norfolk Southern, the Town learned that the
original repair to the crossing was o cost approximately $7,3.00, but could be
upgraded to a concrete and rubber crossing for an additional cost of $12,000.
He noted the Town of Windsor is requesting a 50/50 cost share with the
County as this crossing serves. a great deal of agri-businesses. within the
County. `
Supervisor Wright moved that .the Board participate in the joint venture
with the Town of Windsor to upgrade .the Norfolk Southern Railroad
Crossing at the U.S. Route 258 in the Town of Windsor with the funds in a
maximum amount of .$6,000 to be taken. from the County's VDOT 50/50
escrow reserve fund balance. account.. The motion. was adopted by a vote of
S
a~rr
ao~~ - 22 a _. ~;~
(5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark.. and Wright
voting in favor of the motion,.and no Supervisors voting against the motion..
Mr. Rogers presented a request from the Town of .Windsor to close
North Court Street, A Street, Duke Street and Church Street for the Windsor
High School Homecoming Parade on October 15, 2004.
Chairman Clark moved the Board approve the request of the Town of
Windsor to close North Court Street, A Street, Duke Street and Church Street
for the Windsor High School Homecoming Parade on October 15, 2004. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Bradshaw .moved the Board add an additional item. under
Transportation Matters pertaining to a status report on VDOT issues. The
motion was adopted unanimously (5-0).
Mr. Rogers presented a summary report on transportation/drainage
issues since June 15, 2004. He advised the Board that he has not yet received
an updated status report of items for the year of 2003, and the first several
months of 2004, as previously requested from VDOT.
Supervisor Bradshaw moved the Board take up the drainage concern of
R. L. Walker under the Old Business 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.
Supervisor MacManus requested the status of Mr. Cassell's Route
17/drainage concern.
Mr. Rogers advised that he had requested VDOT to inform him of a
convenient date and time that theycould meet with VDOT personnel, so Ghat
he can coordinate same with Mr. Clark and Mr. Cassell.
//
Chairman Clark called for Citizen's Comments.
Sharon Hart of the Newport. District relayed. the Isle of Wight Civic
League's request to make laws pertaining to animal control more stringent.
She noted the. League is in support of .leash laws .being implemented in all
Development Service Districts, as well as all residential areas. She noted
that the League would like the word "molesting" changed to "intimidating",
"harassing" or "rushing." She noted that areas zoned RAC. do not require
dogs to be confined to their properties, and that a distinction should be made
6
F+O~K ~ ~ ~-,~
between. agriculture and other areas where farms have been split into
subdivisions.
Devin Butler, Captain of the Carrsville Volunteer Fire Department,
requested that the Board authorize that Department to make an equipment
purchase outside of the Procurement Act. He stated over the course of the
last several months, the price of a ladder truck has increased. drastically due
to the increase of steel prices.. He stated that a demonstrator model ladder
truck was recently located at a price of $760,000 versus $850,000 for a truck
.off the factory line.. He stated four (4) of the five (5) volunteer fire
departments were contacted, who indicated that they are all in support: ofthis
request.
County Attorney Stroman advised that due to .legal issues associated
with this request, he would recommend the Board address the ..request
following. Closed Meeting.
//
[1
~~
Chairman Clark called for the County Attorney's report.
County Attorney Stroman presented~a Professional Services Agreement
for Construction Management .between the. Board of Supervisors of :Isle of
Wight County, Virginia and B & C Management, Inc.. d/b/a Powell
Management Associates. pertaining to the Carrollton Volunteer Fire Station.
He recommended that the Board authorize the .Chairman to enter into
Amendment #3 of the Agreement.
Supervisor Wright .moved the Board authorize the. Chairman to enter
into Amendment #3 of the -Agreement with B & C Management, Inca d/b/a
Powell Management Associates. 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 pre.~sented an Agreement between the .Board
of Supervisors of Isle of Wight County and K. W. Poore and Associates
pertaining to a grant application and planning and management services
associated with the Booker T. Estates Community Improvement Grant
Project. He recommended that the Board authorize the Chairman to enter
into the Agreement.
.Supervisor Bradshaw moved the Board authorize the Chairman to enter
into the .Agreement on behalf of the County with K. W. Poore.. and
Associates, Inc. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw,.. Clark and Wright voting. in favor of. the
motion, and no Supervisors voting against the motion. ,
7'
BO~r 2~ ~ c ~~
,'.~.~,~
County Attorney Stroman noted included in the agenda is a revised
Animal Control Ordinance that reflects the comments made by the Board at
their previous meeting.. He advised that the category for. kennels of over fifty
(50) dogs has been .deleted, and that the. ane (1) month. lease law provision
under Section 3-19 has been deleted as Section 3-18 provides that the entire
County constitutes a leash law area, except those districts .zoned Rural
Agricultural Conservation (RAC), and the Rushmere Shores Subdivision.
He advised that if the-Board adopts these revisions, all. platted subdivisions
will be removed from RAC zoning, and will be within the leash law area. He
.cautioned the Board that the recommendation brought forth .from a citizen
that the lease law encompass the Development Service District (DSD) could
become a problem in than for every person who requests a leash law, there
will be another who has moved to the country so that their dogs could run
loose. He pointed out that the areas zoned RAC are the County's rural areas,
and there is an expectation of property owners in that district for a more rural
land use regulation. He said it is true that the County has a few areas that are
zoned RAC in the DSD, but he is not clear what RAC zoning will be left in
the DSD if the proposed revised zoning maps are adopted by the Board.
Mr. Hartley advised that under the proposed Zoning Ordinance none of
the platted subdivisions that are located in the DSD and are small lots, that is,
one (1) acre or less, would be changed to RAC. He further advised that there
are a number of large parcels, such as Newbill Lane; however, they are .all
five (5) acres in size or greater.
Chairman Clark noted that Rushmere Shores is the only subdivision in
the County with a lease law, and that is the way he prefers it to remain. He
stated that he has not received any requests that leash: laws be implemented in
other subdivisions, and he feels that the issue of vicious. dogs has been
adequately addressed.
Supervisor'Bradshaw inquired if leash laws were. a topic of discussion
at .any of the community meetings held throughout the County during the
revision of the County's Comprehensive Plana
Mr. Hartley replied t:~at the issue. of leash laws was not brought up at
any of those meetings. He stated Smithfield Heights and Central Hill consist
of small lots, and are proposed to be changed out of the RAC district under
the new Zoning Ordinance. He stated previously these residents were exempt
from the leash law, but under the new zoning, the leash law will now apply.
Supervisor Wright questioned why the Central Hill area, which is
located in the middle of one (1) of the largest hunting clubs in the County, is
being proposed to be rezoned under the new Zoning Ordinance which will
require that owners keep their dogs on leashes. .
8
~I
11
i
Pnrr 1~ '~ Ott
.)..
1
1
Mr. Hartley stated the zoning for Central Hill is proposed to be
changed, and the effect of that change in regards to the Animal. Control law
would be to have a lease law in areas where it does not now exist.
Supervisor Bradshaw noted should the Board choose in the future to
make leashes a:voluntary effort, a subdivision could petition the. Board to
allow a leash law, but specific guidelines must be set to define the terms of
the subdivision and a majority of landowners. .
County Attorney Stroman advised that ordinances in other jurisdictions
provide that a petition can be presented to the Board if over fifty-one percent
(51%) of the owners sign the petition. He stated the Board could also.
conduct a public hearing, decide whether. to add the neighborhood, do it on a
petition-only basis, or in certain dense areas in the County.
Chairman Clark moved the Board direct Mr. Hartley .and the County`
Attorney to provide language in the Animal Control Ordinance regarding the
leash law based on changes. in the Zoning .Ordinance. 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 na Supervisors voting
against the motion.
Supervisor MacManus noted it appears to him that it would be prudent
to proceed with updating the other changes proposed in the Animal. Control
Ordinance.
County Attorney Stroman offered to educate the Animal Control
Officers with regard to the definition of "molesting." He stated "harassing"
could be substituted far "molesting;" however, the idea is to provide for a
.broad definition. He noted also contained in the proposed Animal Control
Ordinance is an impound fee of $15, with a kennel fee of $5 per day; the.
addition of language pertaining to companion animals; the addition of a
provision to make owners responsible for veterinary charges; a change in the
dangerous dog certificate from $75 to $50; and, most of the remaining
...provisions permitted under Virginia State law for hybrid canines to require a
permit and adequate confinement.. He recommended that the Board proceed
with advertising a public .hearing. on .the changes the Board is comfortable
with because having these changes in place sooner, rather than later, benefits
the County.
Supervisor MacManus moved the Board authorize staff to .advertise the
revised Animal Control Ordinance for public hearing at the Board's October
21, 2004 meeting. The motion was .adopted by a vote of (5-0) with
.Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
County. Attorney. Stroman .presented for the Board's consideration. An
Ordinance to Amend Tax Rates for Isle of Wight County,. Virginia for Isle. of
9
Wight County, Virginia for Fiscal Year July 1, 2004 Through June 30, 2Q05
which addresses a reduction in the tax rate, and which he recommends the
Board adopt.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR. JULY 1, 2004 THROUGH JUNE 30, 2005
ADOPTED THE DAY OF SEPTEMBER, 2004
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(1) That there is hereby levied retroactively for the fiscal year
beginning July 1, 2004, a tax of $0.68 per one hundred dollars of assessed '
valuation on all taxable real. estate, and all real and personal property of
public service corporations in accordance with Section 58.1-2606 of the Code
of Virginia, as amended; and
II (2) All other rates previously adopted shall remain unchanged;
BE IT FURTHER ORDAINED:
~, That this Ordinance be entered in the Minutes ~~f this Board of
', Supervisors and that a copy thereof by the Clerk of this i~oard, be furnished
~~ to the Treasurer of this 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.
County Attorney Stroman advised the Board that with xespect to the
Carrollton Volunteer Fire Department matter, the Board does .not need to
appropriate funds as they are already included in the Capital Contingency
fund. He .did recommend, however, that the Board authorize that .the funds
be moved from the Construction Contingency. to the Carrollton Fire
Department line item.
Supervisor Bradshaw moved the Board appropriate $15,800 from the
construction contingency line item. 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 intended to discuss with the
Board later in Closed Meeting a matter pertaining to the potential purchase of
real estate by the County, a matter regarding probable litigation concerning
illegally platted lots, and a matter regarding actual litigation related to sewer
1
1
Boor 22 y~f:.~~3
and water connection fees. He noted--that Supervisor Bradshaw's request to
d'
1
1
iscuss two (2} items pertammg to personnel evaluation. of County staff
would also. be discussed at that time.
//
Chairman Clark called for the .Community Development Report.
Mr. Hartley presented a joint request of the Department of Planning
and Zoning .and the Department of Economic Development that the Board
transfer the remaining $25,000 previously allocated for a Master Plan fore
.Route 17 to the Newport Development Service- District Revitalization
Committee for use in the Route 17 Corridor and other major corridors in the
County.
Following a recommendation of Supervisor MacManus to place the
funds in a reserve account and add additional funds as they become available
in the future, -and a recommendation of Chairman Clark to proceed with a
study, it was the general consensus of the Board that the issue be further
discussed at the Board's Retreat in January, 2005.
Mr. Hartley reported that the. Planning Commission has set a public
hearing on the revised Zoning C)rdinance for Tuesday, October 26, 2004 at
6:00 p.m. He noted due to the number of notices required to be sent out, he
would recommend sending out a single notice notifying residents of the date
of both the Planning .Commission and the Board's public hearings. He
recommended the Board hold its public hearing either on November 18, 2004
or December 16, 2004.
Supervisor .MacManus inquired if it would be wiser. for the Board to
allow the Planning Commission two (2) months' time to make any necessary
revisions. before the Board considers the ordinance.
County Attorney Stroman agreed that the extra month would benefit
the Planning Commission in taking public comment and acting on it
accordingly.
.Supervisor MacManus moved the Board authorize staff to advertise the II
Zoning Ordinance .for public hearing at the Board's December 16, 2004-
meeting. The motion was adopted by a vote of (5-0) with.. Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the
motion, and no Supervisors voting against the motion.
Mr. Rogers presented the preliminary subdivision plat of Lawnes Point.
on the James .for. the Board's discussion. He noted the two (2) waiver
requests involve the right-of--way being reduced from eighty (80) feet to fifty
(50) feet, and the minimum cul-de-sac length of 1.,200 feet being longer due
to the topographic. nature ofthe subdivision. He advised that .the Planning
11
Commission recommended the plat to the Board without comment.. He
pointed out that any issues that .have not yet been resolved-would be resolved • , ~ ,
prior to the plat coming back to the Board for final review.
Supervisor MacManus inquired the reason .behind the applicant
wanting to decrease the right-of--way to fifty (50) feet.
Mr. Rogers. advised that there is no need for the right-of--way to be
eighty (80) feet, .and it would just be additional maintenance over the long
term for the applicant.
Supervisor MacManus .referred to the historical areas. that are identified
on the ,plats, and inquired how the historical area. would be protected in
accordance with the proffers.
Tom Houston, Townsend Engineering, noted that the State requires
deed restrictions be placed on areas .containing historical significance, and -
that his firm also enter into a Memorandum of Agreement. with the State
indicating that these areas will be kept in their natural state.
Supervisor MacManus commented that due to the contour of Lots 38 •
and 39, and the. probability that the proposed homebuyers will .want to have
their homes located in a consistent manner with .the surrounding lots, he
• could envision these buyers petitioning the Board to push backwards."into
where the historical areas are located..
Mr. Bartley noted that he has discussed with Mr. Riddick the.
possibility of an easement that belongs to the Homeowners' Association.
County Attorney Stroman noted that Mr. Riddick has informed him
that the developer is willing to have the property owner sign an
acknowledgement of the area of historic non-disturbance in order to address
this concern. He stated this would put property owners on notice, and avoid
a situation where a buyer discovers too late that there is a building. problem in
that area.
Attorney Riddick suggested adding some type of disclosure that would
advise that these lots are encumbered by an easement. He noted a statement
could be recorded with the deed acknowledging the location of a historical
easement, and that the property. owner would have to acknowledge that. the
urea cannot be disturbed, and that they understand it is a violation of State
and Federal law to do so.
County Attorney Stroman pointed out that any disclosure would have
to be made prior to closing. He stated the homeowner would then- be on
notice that if there were a disturbance after the construction of the home, that
it would be a knowing violation. He noted deeds run with the .land, even if
there is a resale.
12
90~~ 22 ;_.:.~ 95
1
1
Supervisor'.Bradshaw recommended that the Homeowners' Association
be responsible for enforcement of the historical area after construction. He
noted that the County does .not have the additional manpower to monitor
these sites for non-disturbance, and that Fairfax County actually requires the
Homeowners' Associations to issue. summons to homeowners who have
committed a violation.
County Attorney Stroman noted that aright-of--entry for the .County or
the Homeowners' Association would allow an opportunity for monitoring.
Attorney. Riddick noted that by including language in the restrictive
covenants that: any area designated on the plats as an easement may not be
disturbed in .accordance with State and Federal law would make it
enforceable by .the Homeowners'. Association, any member of the
Association, or anyindividual in the County...
Mr. Houston offered to speak with the Virginia Department of Historic
Resources (VDHR) and inquire how that Department normally handles this
type of situation, and. whether or not the locations are marked in the field.
Supervisor MacManus concurred than feedback .from VDHR, in
' conjunction with the extra. paperwork at closing would satisfy his concerns.
He noted that while he does. not. want to preclude homeowners from utilizing
their land, he .also does not want to see gazebos built and the ground
excavated in historic areas.
Chairman Clark noted that it is of high .importance to him that the
fencing used to protect the surrounding area stays intact around these sites
during the entire construction process.
Attorney Riddick noted that the County could require that the easement
be fencedwith orange fencing, as done in resource protection .areas,. at the
time that the building permit is obtained.
County Attorney Stroman noted that the matter would be coming back
to the Board for final plat. approval, which will provide an opportunity. for the
Director of Planning and Zoning, the developers and himself to confer. He
noted that he would bring back a recommendation that addresses this
concern.
Chairman Clark stressed the importance of these sensitive. areas .not
being damaged by individuals constructing on their property, as well as the .......
need to have someone check on these areas.
Attorney Bill Riddick offered to contact James City County to
determine how issues of :protecting areas of historical nature are handled in
that county.....
13
Supervisor .Wright inquired if there is a containment area designated
for dredged material.
Mr. Hartley noted there is a proffered condition with respect to the
dredge site, and that staff. is currently working with the developers and the
Corps of Engineers to identify such sites. He offered. to provide the Board ,
with an update when the plat comes back for final approval.
County Attorney Stroman informed Supervisor Wright that the proffers
do provide that the deed of easement on the spoil site is one (1) year from the
date of the change in zoning.
Chairman Clark inquired if conservation easements are being done in
the shaded areas.
Attorney Riddick stated the historical easements .will be dedicated. He
stated Mr. Houston is going to discuss thisissue with VDHR to develop
some sort of process that will be satisfactory. He stated there has to be an
easement that is established and shown on .the property that precludes any
development in those areas, and he is suggesting that they be shown where
the easement is at the time of closing- and required to sign a written
acknowledgement that the homeowner .knows that that area may not be
disturbed.
Supervisor MacManus moved the Board approve the plat, as presented,
to include the waiver of the right-of--way being reduced from eighty (80) feet
to fifty (50) feet, and the minimum cul-de-sac length of 1,200 feet being.
longer due to .the topographic .nature of the subdivision, with the '
understanding the applicant will came back to the Board with a finalplat
addressing the concerns raised by the Board with respect to protecting the
archeological sites on the individual lots. The motion. was adopted by a vote
of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
//
Chairman Clark called for the Parks and Recreation Report.
Alan S. Nogiec, Director of Parks and Recreation, addressed the Board
concerning the .need to appoint new members to serve on the Isle of Wight
County Bicycle and Pedestrian Facilities Committee.. He stated staff has
identified a list of individuals that they recommend the Board appoint in an
effort to revitalize this Committee.
~ Supervisor MacManus requested that Mr. Hartley provide him with the
name of the individual who has indicated a willingness to represent the
Smithfield District. He recommended that a railroad representative also serve
14
. ~.
... .~.-~... ..-. ~.=.. .tin o-~ .- e .a~e~ T' .. . ~ , _ .. - v.SF
mn. ."!__=t4~a+raY,Myw~v"e'r^wr..c....- .-.~.<.. ..v_ ...... -.. -.. ~ ,..
. ~ 9'OnK 22 ~:;;'~~~7
on the Committee, as many of the lines in the. railroad system in Suffolk are
incorporated in the bicycle paths. .
1
I~
Supervisor MacManus requested that .staff work with the Smithfield
and Windsor Planning Commissions,. as well as .the. County Planning
Commission, to ensure that bike: paths are being integrated into upcoming
developments. He further requested. that a plan be presented to the Board at
its Retreat in January, 2005, for integration into the County's Strategic Plan.
Supervisors Clark and MacManus noted an interest in being invited to the
next Committee meeting.
Supervisor MaeManus moved the Board appoint the following
individuals tca the. lsle of Wight County Bicycle and. Pedestrian Facilities
Committee, and charge the Committee with developing a conceptual plan that
reflects where the paths are located, and which cammunities will be tied
together for bike path networks and pedestrian facilities to be incorporated
into .the Board's Strategic Action Plan being discussed- at the Retreat in
January, 2005.
Department of Transportation Representative - Unwanna Bellinger
Chamber of Commerce Representative -Leah Dempsey
Public Safety Representative -Deputy Ronald Outten
Newport District Representative --Arthur Berkley
Carrsville District Representative -Donna Claud
Windsor District Representative -Cecil. Rhodes
Smithfield District Representative.- Mr. Hartley is to provide a name to
Supervisor MacManus.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Clark requested that Mr. Nogiec advise the Board at its
October 21, .2004 meeting if the City of Suffolk has a working committee to
discuss that City's bikeways and pathways.
Mr. Nogiec noted that. the City "of .Suffolk has identified some. routes;
however, he is unsure if the committee is active. He offered to investigate
and report back to the Board.
Mr. Nogiec presented step three (3), of a five' (5) step process, of the
Department of Parks and Recreation's Strategic Plan Goals for 2004-05. He
stated research has shown that approximately fifteen percent (15%) of the
population in the County does have some form of a disability. He noted that:
because these individuals are scattered throughout the County, staff would
have to investigate how these programs can be provided to these residents.
He noted that Nike Park, Smithfield Middle School,- Windsor Middle School,
and the Camptown Park are facilities that have been identified by, the
1S
BOQM 2~ ;~`!'~7S
Department of Parks and Recreation for administration of programs and to
provide over-flow programming, as needed. He noted that the next step is to
begin compilation of the information gathered, .and design a plan of
implementation. He noted the final step provides the Department of Parks
and Recreation an opportunity to determine the programming needs, and to
apply these programs throughout the County to as many segments of the
population as are in need of these services. Y
County Administrator. Caskey noted that a map had inadvertently been
omitted from the agenda, and Mr. Nogiec offered to forward it to the Board
members for their reference.
//
Chairmaq Clark called for the Emergency Management report..
Richard O. Childress, Director of Emergency Management, presented
an Ambulance Billing and Collection Services Agreement for the Board's
consideration. He advised that the annual fee has been negotiated down to
zero, and staff may incorporate a fee for intercept services.
Supervisor MacManus requested that the Board receive an annual -
audit.
Supervisor MacManus moved the Board authorize the Chairman to
execute the Ambulance Billing and Collection Services Agreement on behalf
of the County, subject to the addition of a requirement for an annual report.
The motion was adopted. by a vote of (5-0) with .Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
//
Chairman Clark called for the County Administrator's. report.
County Administrator Caskey presented a Resolution to Designate
Arbor Day. for Isle of Wight County, on behalf of the Beautification
Committee, for the Board's consideration.
Supervisor Bradshaw moved the Board adopt the following Resolution:
RESOLUTION TO DESIGNATE ARBOR DAY
FOR ISLE OF WIGHT COUNTY
WHEREAS,. in 1872, J. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day be set aside for the planting of trees;
and,
16
WHEREAS, trees improve the quality of the environment,, are a
renewable resource, help to beautify our community, and serve as a source of
joy and spiritual renewal; and,
WHEREAS, the Commonwealth of Virginia observes the second.
Friday of April as Arbor Day; °
NOW, THEREFORE,, BE IT RESOLVED that the .Board of
Supervisors of Isle of Wight County hereby designates the second. Friday of
April as Arbor Day for Isle ®f Wight County.
The motion was adopted by a vote of (S-0) with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
~onx 22 ;,~..,~~9
WHEREAS, Arbor Day is now observed: throughout the United States
and the world; and,
I~
1
County Administrator Casket' presented for the Board's consideration a
Resolution to Appropriate $15,000 from the.Unappropriated Fund Balance of
the General Fund to Provide Funding for a Local Emergency Assistance
Program, submitted by C. John Catron, Director of Social Services.
Supervisor Bradshaw. noted the need fora local emergency assistance.
fund was brought to the Board's attention in the past, and forwarded to the.
Social Services Board. He advised that the Social Services Board does
recommend that the Board adopt the Resolution.
Supervisor MacManus requested that the Board be provided a report on
the number of residents who have been. helped through this program..
C. John Catron, Director of Social Services, noted that he intended to
provide the Board with a report at the end of the first year. He advised that
due to cuts in State and Federal programs, the need is far more extensive than
first realized.
Supervisor MacManus noted cuts in State and Federal programs
.`provide the County with an opportunity to contact local, State and Federal.
legislative representatives to advise that the County is again having to fund
another program due to such cuts.
Supervisor Bradshaw moved the Board adopt the following Resolution,
and that the Director of Social Services report back to .the Board on the
number of people who receive help from this program:
RESOLUTION TO APPROPRIATE FIFTEEN THOUSAND DOLLARS
FROM THE UNAPPROPRIATED. FUND BALANCE OF THE GENERAL
->~r.'9-Y:wi's9.»..~N=c a .. ......tn....•.t--...,,n.-. ;-. ..r a... ~ r. .,: .. ...a ~. .. ..,_ _ _ _.. -o. ._ .~.... ~tt o. ~ aT- .. _ i44 me.T.(2 .N
ao~~ 22 >~,::-6010
FUND TO PROVIDE FUNDING FOR A LOCAL EMERGENCY.
ASSISTANCE PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle. of Wight,
Virginia has approved. additional funding to the Department. of Social
Services to administer a local emergency assistance fund to respond to unmet:
emergency needs of the citizens of Isle of Wight County; and,
WHEREAS, the funds in the amount of fifteen. thousand dollars
($15,000) need to be appropriated from the Unappropriated Fund Balance for
-said expenditures in the FY 2004-OS Operating Budget. of the County of Isle
of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that fifteen -
thousand dollars ($15,0.00) from the Unapprropriated Fund Balance of the
General Fund be appropriated to the_ Department of Social Services in the FY
2004-OS Operating Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do ali things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the
. motion, and no Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Accept and
Appropriate Bond .Proceeds for Construction of a New Smithfield Middle
School that was submitted by the School Board.
Supervisor MacManus moved the .Board adopt the following:
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE -BOND
FROCEEDS FOR CONSTRUCTION OF A NEW SMITHFIELD
MIDDLE SCHOOL
WHEREAS, the Isle of Wight .County Board of Supervisors has
authorized the issuance. of $23,861,134 in General Obligation School
Construction Bonds to fund the construction of a new Smithfield Middle
School and the renovation of the existing Smithfield Middle School to an
Elementary School in the FY 04' Capital Budget; and,
WHEREAS,1oca1 funds were advanced from the General Fund for this
project in the amount of $2,225,000 in FY 2002-03 and $1,275,130 in FY 03-
04 in anticipation of the issuance of bonds in May, 2004; and,
18
.. ~;:
1
WHEREAS; bond proceeds. in the amount of twenty three million. eight
hundred sixty one thousand one. hundred thirty four dollars ($23,861,1:34)
need to be accepted and appropriated to the FY 2003-04 Capital Budget of
Isle of Wight County.
NOW, THEREFORE, BE IT AND IT I5 HEREBY RESOLVED by the,
Board of Supervisors of the County of Isle of Wight, Virginia that General
Obligation School. Construction Bond proceeds in the. amount of twenty three
million eight hundred sixty one thousand one hundred thirty four dollars
($23,861,134) are hereby accepted and appropriated to the appropriate line
items in the FY 2003-04 Capital Budget of Isle. of Wight County.
BE IT FURTHER RESOLVED that the County. Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments in the. budget and to do all things necessary to give this
resolution effect.
The motion was. adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the
motion, and no. Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Accept and
Appropriate Reimbursement Funds for Damages. Incurred During Hurricane
Isabel for the Board's consideration... He noted that due to the efforts of staff,
the County. will receive $4,067,965 from either. the County's insurance- carrier
or the Federal Emergency Management Agency (FEMA). He stated the total
impact was $4.2 million, and the County's impact in local dollars was
$204,807.
Supervisor Bradshaw moved the Board adopt the following Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE REIMBURSEMENT
FUNDS FOR DAMAGES INCURRED DURING HURRICANE ISABEL
WHEREAS, the County of Isle of Wight has received reimbursement
funds from the County Property and Casualty Insurance Carrier and the
Federal Emergency. Management Assistance Program. for damages incurred
as a result of Hurricane Isabel which- occurred on September, 18, 2003; and,.
WHEREAS, funds in the amount of four million sixty seven thousand
:nine hundred sixty five dollars ($4,067,965) need to be appropriated to the
appropriate line items in the 2003-04 Operating Budget of the County of Isle
of Wight, Virginia,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that of four
million sixty seven thousand nine: hundred sixty f ve dollars ($4,067,965) be
19
,..xa~,~~ .~~.~.~.._ ..... __ ........ _ u~.,,,,. ,~..
_ ... _. v~ ~ _ _~ ~. Y~~
appropriated to the appropriate line item in the 2003-04 Operating Budget of
the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting' adjustments in the budget and to do all .things necessary to give.
this resolution effect..
The motion was adopted 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.
Anne F. Seward, Assistant County Administrator/Administration,
presented a Resolution. to Adopt an Undesignated General Fund Balance
Policy for the Board's consideration. She noted this policy is part of the
County's Strategic Plan. of Action and pursuant to the Board's .direction. She
noted the recommendation of the Finance Committee is to maintain a
minimum often. percent (10%) in the County's undesignated fund balance.
Supervisor MacManus cautioned that the language "shall" contained in
the Resolution means that under no circumstances should that amount be less.
He stressed that if the Board adopts the Resolution, they-.should do so with
the intent that the Board will never lower the amount for any reason at all.
Ms. Seward advised that her recommendation was a fifteen percent
(15%) fund balance level, with ten percent (10%) being the minimum
amount. She stated adopting the. Resolution would send a message of the
discipline that this Board has dnforced pertaining. to its financial
management. She :advised that with, the adoption. of this Resolution, the
County has now have achieved all six (6) components of best. management
practices.
Supervisor Bradshaw noted that this is a policy intended for staff use;
however, the Board will have the discretion to override this policy, should it
become necessary.
County Attorney Stroman noted that in the event the: County was to
find itself in a position where it .would. need to violate the policy, staff would
be obligated to advise the Board, and request that a waiver of the policy be
granted.
Chairman Clark moved the Board adopt the following Resolution:
RESOLUTION TO ADOPT AN UNDESIGNATED GENERAL FUND
BALANCE POLICY
20
I~
~1~
1
. gooK 22.h~~f03
WHEREAS, Isle of Wight County wishes to adopta policy regarding
the maintenance of Undesignated General Funds for the annual operations of
the County as recommended for best financial management practice; .and,.
WHEREAS, bond rating agencies .and the Government Finance
Officers Association have recommended general ranges for unreserved /
undesignated general fund balance levels, .which vary dependent on
jurisdiction specific factors to include the variability of and limitations on
revenue streams, liquidity, and the level of fixed costs incurred; and,
WHEREAS, the adoption of the following policy is necessary Ito
incorporate .best financial management practice for the maintenance of
appropriate Undesignated General Fund. Balance funds as follows:
Chapter 2: Financial and Accounting
Article VIII
Undesignated General Fund Balance Policy
Section 8.0
Minimum Levei of Undesi~-nated Fund Balance
The County shall maintain an unreserved General Fund balance that is no less
than ten percent (10%) of operating expenditures in any given. year. This
level of fund balance is needed to provide the County with sufficient working
capital and a comfortable margin of safety to address unexpected emergency
.needs or an economic downturn, particularly in light of the. County's current
tax base concentration and. reliance on state aid. The method the County will
use to calculate its unreserved General Fund balance ratio is dividing actual
unreserved fund balance as of fiscal year-end. by the subsequent year's
budgeted General Fund expenditures, including the General Fund transfer to
schools and state aid to schools :and social services in -the expenditure-based
denominator.
.Section 8.I
Use of Undesignated Fund Balance
To the maximum extent .possible, recurring revenues will be matched. with
recurring expenditures inthe development of the County's annual operating
budg;,t. .Utilization of the County's ..General Fund balance above the ten
percent (10%) balance described above will be used. only for capital projects
or other one-time expenditures. Utilization of the ten. percent (10%) reserve
wily be used. only to fund emergencies and unexpected declines in revenue.
21
;.,!",1s.R~r.~~i..++~ - m+- ~....,...~ _.,.,.. .. -. .. .__. -... ~... _. _.-. ._.. ~... ... ..: i_ ~,.. .+ -._ Mwr~-. ;sY»y~:'2~_oT.Ci'n*t's~e.Y ~^`vs w
eoeK 22 ~ar.,~f ~4
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.
Ms. Seward presented a Resolution to Appropriate $250,000 from the
Unappropriated Fund Balance of the General Fund to the New
Administration Building. Construction Project for the Board's consideration.
She recalled that when the project. first began in 2000, a feasibility study was
done in an effort to determine if the property adjacentto the Courthouse was
suitable for future build-out. She noted that soil conditions back then are not
what they are today, as debris management was located on the site during
Hurricane Isabel that significantly impacted the soil conditions. She noted as
a result, the price incorporated into the budget is no longer sufficient for the
type of septic system that must be now installed. She stated the change order
is for anot-to-exceed amount, and Powell Management is continuing to work
with the engineers in an effort to Iocate additional value engineering.
opportunities.
Bruce Bruchey, Powell Management, noted that the soil conditions
discovered were far worse than originally envisioned at the onset of the
project. He noted that $80,250 was originally included in the budget to fund
the sewage treatment system to serve the new Administration building. He
stated the debri operation from Hurricane Isabel, as well as other activities
that occurred on that site further aggravated the problems, and resulted in the
necessity of having to build a more. complicated, more advanced sewage
treatment system. He stated efforts to reduce the cast are. continuing, and the
$330,000 will be the maximum cost identified by the contractor.
Supervisor Bradshaw inquired what basis was used for the .new soil ~
study. He noted that the County has soil maps that are 100% accurate.
.Lance Large, W. P. Large, Inc., advised. that there was no subsurface
investigation done initially, and that the Health Department operates under
different criteria than those found in soil maps.
Supervisor Wright stated it was difficult for him to believe that the
storage of debris from Hurricane. Isabel adversely impacted the soil at .that
location.
Mr. Large explained that trucks entering and exiting the property
changed the character of the soil. He noted that there are very .low
percolation rates in the soil, even in the areas that were not impacted by
construction or Fair activities.
Supervisor Bradshaw noted that the Fair. has been held at than site for
many years, and low percolation rates should not .have been a surprise to
anyone.
22
1
1
~~~~ ~C '1)~~
Supervisor Bradshaw noted that the last three (3) major projectsdone
by the County indicated problems with the soil. He stated the County is
relying. on professionals who should be referring to professional reports such
as soil maps.
1
1
n
Mr. Large stated representatives from. the .Health. Department visited
the site, along with a soil scientist and a geotechncal firm, and took
additional .soil samples. He noted that the Health Department took a strict
interpretation on the mounding problems related to the water table.
Supervisor Bradby inquired if the site perked before Hurricane Isabela
Mr. Large advised that some areas could have possibly been used for a
disposal field; however, the storage of debris and. equipment compromised a
great deal of the site.
Michelle Benton, W, P. Large, Inc., advised that a system. has been
designed to incorporate future build-out which consists of a holding tank, and
which is then discharged to a natural treatment plant that guarantees the
County full-scale treatment on waste. She states because of poor soils, a
secondary treatment will be required, as welLas a second pump station which
can pump. up to the hill for standard discharge through normal plant build.
She stated the drainfield is approximately, eighty (80) feet wide. by 170 feet in
length, with one (1) field taking 1,500 gallons of affluent daily. She stated
that the Health Department. requires an area of equal size be reserved in the
event the drainfield were to fail.
Supervisor MacManus inquired if the current system at a cost of
$300,000 .would handle additional buildings that may be built at the
Courthouse.
Mr. Large stated. that -added into the: initial core of the design is the.
ability to add additional buildings. He stated the discharge fields would still `
need to be expanded, but as the site .fills out, the County could do various
other types of discharge.
Mr. Bruchey advised .Supervisor MacManus that. the, proposed system
would not serve all the future building needs of the County. He noted that.
this is the core system, which can be expanded with minor modifications.
Supervisor.. Bradshaw inquired if the location `of .the field would be a
problem with future designs:
Mr. Large noted that the area used was designated as the .drainfield area
in the original study.
Supervisor Bradshaw inquired if the. feasibility of .hooking onto the
Hampton Roads Sanitation District (HRSD) was investigated...
23
BOQK ~~ ~'?'!'l1~
Mr. Bruchey noted that hooking onto the HRSD line was dismissed
early on in .the process because the. line was too far away and would cost at
least several times the cost of the on-site system.
Ms. Seward advised that she previously. addressed the feasibility of
hooking on to HRSD with the Director of Public Utilities, who advised that
the estimate would be in the millions.
Supervisor Bradshaw stated the County might be better off to tie into
the HRSD line. He stated it is not guaranteed that the County will be able to
expand, .and will have spent hundreds of thousands of dollars for. a septic
system that will not work with future expansion unless the .County spends
additional funds. He noted that the Health Department must give its.
approval, and regulations within that organization are changing daily. He
noted that the County might have to build many buildings over the next ten
(10) to fifteen (15) years.
Ms. Seward advised that there are three. (3) additional buildings
proposed, although.. the Capital Improvements Plan includes only two (2)
buildings at this time.
E. Wayne Rountree, P.E., Assistant County
Administrator/Development, advised that the closest HRSD interceptor is
located seven (7) miles away on Route 10 in Smithfield. He pointed. out that
it is also the Board's policy not to extend water and. sewer outside the
Development Service Districts.
Mr. Large advised that point discharge was investigated and dismissed,
primarily because it is on the watershed of the Norfolk reservoir and the
County could run into insurmountable roadblocks during the public hearing
process.
Ms. Benton advised that verbal approval was recently granted on an
innovative application which will cut the. cost in half. She noted that because
this was not a soils drainage management plan area, diversion ditches were.
not allowed.
Supervisor Bradby inquired if County staff would be able to occupy the.
. building if this request is .not approved by the Board.
Mr. Bruchey stated an application has been made for pump and haul
service until additional testing of the building can be done. He noted that the
first holding tank must be in before the building is occupied.
Chairman Clark noted that $80,000 was probably never an accurate
estimate far the septic system. .
24
II
1
1
BQ'~K y ti.Il.r ri,':~~~ f
Supervisor Wright inquired if incinerator toilets were investigated.
Ms. Denton replied "no," but the most. efficient and effective system
treatment was provided.
Supervisor Bradshaw noted there was poor planning associated with
this project. He stated that -staff should have reviewed the possibility of
hooking onto the HRSD tine because the County is going to run into
problems in the future, and the Board should be considering long-range
planning for the entire complex.
Supervisor MacManus moved the Board adopt -the following
Resolution, up o a maximum amount of $250,000:
RESOLUTION TO APPROPRIATE TWO HUNDRED FIFTY
THOUSAND. DOLLARS FROM THE UNAPPROPRIATED FUND
BALANCE OF THE GENERAL FUND TO THE NEW
ADMINISTRATION BUILDING CONSTRUCTION PROJECT.
WHEREAS, the Board of Supervisors of the County of Isle.of Wight,
Virginia has approved additional funding for septic systemcostover-runs for
the construction of a .new administration building on the Courthouse complex
of Isle of Wight County; and,
WHEREAS, the funds in the .amount of two hundred fifty thousand
dollars ($250,000) need to be .appropriated from the Unappropriated Fund
Balance for said expenditures in the FY 2004-05 Capital Budget of the
County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS ..HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that two
hundred. fifty. thousand dollars ($250,000) from the Unappropriated Fund
.Balance of -the.. General Fund be appropriated to the new administration
building construction project in the.. FY 2004-OS Capital :Budget of the
County of Isle of Wight.
BE IT FURTHER RESOLVED. that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted 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.
Diane Spencer Woolley, Director of Tourism, stated pursuant to the
prior direction of the Board, included in the agenda are the three (3)
proposals received from. archeological. firms for an archaeological survey of
25
eoRK 2? ~~~608
the Boykin's Tavern grounds. She noted that the Department of Historic
Resources .has an easement on the grounds, and must grant approval of the
firm who wins the bid. She .noted that she contacted a fourth company on
two (2) different occasions, and received no reply. She noted the two (2)
firms closest with their proposals have been summarized for the .Board.. She
reminded the Board that this is Phase 1, and should any artifacts or items be
found, then .the archeological firm would ask for permission to perform a
geophysical sensing, which is not included in the price. She noted that the
James River Institute of Archeology submitted. the lowest bid in the amount .
of $14,800 and she recommends that the Board approve the low bid.
Chairman Clark moved the Board appropriate $14,800 for the
completion. of an archaeological .survey, with funds to be taken. from the
County's Contingency Fund. 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.
Ms. Woolley noted it was nice to see Boykin's Tavern utilized by the
Board members, their wives, and members of the School Board the previous
night.. She noted she would be back at a later date to report on other plans for
the use of the Tavern.
County Administrator Caskey stated responsive to a request to the
Board from the Windsor Town Council relative to the Town's interest in
assuming and operating a sewer system in Windsor that will be installed by
developers, the Mayor of Windsor and the Windsor Town Council havz
requested that the Board consider, along with. them, the establishment of a
sub-committee to further discuss this issue.
Chairman Clark moved .the Board appoint Supervisor Bradshaw,
Supervisor Wright, County Administrator Casket', E. Wayne Rountree, and
County Attorney, Stroman to serve on the .Windsor Sewer Sub-Committee.
The .motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Ms. Seward presented a Resolution to Appropriate Carryover Funds for
School Textbook and Health Insurance Expenditures for the Board's
.consideration.
Supervisor Bradshaw moved the Board adopt the following Resolution:
RESOLUTION TO APPROPRIATE CARRYOVER FUNDS FOR SCHOOL
TEXTBOOK AND HEALTH INSURANCE EXPENDITURES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the appropriation of textbook and health insurance
1~~
1
26
ao~~ 22 ~ ,•F~g
i~
1
1
funds to the. School Board to cover expenditures incurred during FY 2003-
04; and,
WHEREAS, funds in theamount of three million ninety four thousand
one hundred forty seven dollars ($3,094,147) need to be appropriated from
the textbook and health insurance fund balances in the amounts of six
hundred seventy two thousand nine hundred ninety six dollars. ($672,996)
and two million four hundred twenty. one thousand one hundred fifty one
dollars ($2,421,151) respectively to cover approved expenditures in the noted
funds incurred in the FY .2003-04 Operating Budget of the County of Isle of
Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the. County of Isle of Wight, Virginia. that three
million ninety four thousand one hundred forty seven dollars ($3,094,147) be
.appropriated from the textbook- and .health insurance fund balances in the
amounts of sixhundred seventy two thousand nine hundred ninety six dollars
($672,996) and two million four hundred twenty one. thousand one hundred
fifty one dollars ($2,421,151 }respectively to the FY 2003-04 School Budget
of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted 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.
Ms. Seward presented a Resolution to Appropriate Funds for School
Carryover Obligations and State Funded. School Programs for the Board's
.consideration.
Supervisor Bradshaw moved the Board adopt the following Resolution:
RESOLUTION TO APPROPRIATE FUNDS FOR SCHOOL CARRYOVER
OBLIGATIONS AND STATE FUNDED SCHOOL PROGRAMS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved. the appropriation of carryover funds in the amount of
four hundred .seventy four thousand eight hundred twenty one .dollars
($474,821) to cover approved expenditures from the School. Operating Fund
Balance at June 30, 2004 to the FY 2004-OS School Operating Budget; and,
WHEREAS, the following State funded program balances.. and required
local match funding available at June 30, 2004 for carryover to the FY 2004-
27
9o~K z? .-~.~ n
OS School Operating Budget have. been approved by .the Board of
Supervisors of the County of Isle of Wight, Virginia:
04' State Technology Carryover $64,845
Funds
04' SOL Remediation Carryover $96,213 "
Funds.
04' Algebra Readiness $70,294
Carryover Funds
04' Local Match to Items above $94,967
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that funding
from the following .funds in the amount of five hundred sixty nine thousand
seven hundred eighty eight dollars ($569,788) in local funding. and two
hundred thirty one thousand three hundred fifty two dollars ($231,352) in
State funding be appropriated. to the FY 2004-OS School Operating Budget of
the County of Isle of Wight, Virginia:
04' Outstanding Purchase Orders @ $.474,821.- School Operating Fund
June 30"'
04' State Technology Carryover 64,845 -School Operating Fund
Funds
04' SOL Remediation Carryover 96,213 - .School Operating Fund
Funds
04' Algebra Readiness Carryover 70,294 -School Operating Fund
Funds
04' Local Match to Item #'s 5 - 7 94,967 -.General Fund
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is .authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted 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.
Ms. Seward presented a Resolution to Appropriate the. Carryover of
Unspent Local Funds to the School Operating Fund for the Board's
consideration.
Supervisor Bradshaw moved the Board adopt the following Resolution:.
28
' 800N ~~ 'ti .,~,~
RESOLUTION. TO APPROPRIATE THE CARRYOVER OF UNSPENT
LOCAL FUNDS TO THE SCHOOL OPERATING FUND
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved. the appropriation of unspent. local funds available- at
June 30, 2004 to the School Operating Budget for FY 2004-0~; and,
WHEREAS
the funds in the
t
f
f
h
d
d
i
,
amoun
o
.
our
un
re
n
nety one
thousand two hundred thirty seven dollars ($491,237) is available in unspent
local funding and has been approved for appropriation from the
Unappropriated Fund Balance of the General Fund to the FY 2004-OS School
Operating Budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the. County of Isle of Wight, Virginia that four
hundred ninety one thousand two hundred thirty seven dollars ($491,237)
from the Unappropriated Fund Balance of the General Fund be appropriated
to the FY 2004-OS School Operating Budget of the County. of Isle of Wight,
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is .authorized to make the appropriate
accounting adjustments in the b~.adget and to do all things necessary to give
this resolution effect.
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 MacManus moved the Board direct Ms. Seward. to prepare a
resolution in the. amount of $109,000 for the Board's consideration at its
. October 21, 2004 meeting to ensure that the County meets its commitment of
$600,000 to the school system. Funds are to be taken from the
Unappropriated Fund Balance. The motion. was .adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, .and no Supervisors voting against the motion..
// _
Chairman Clark called for Old Business.
County Administrator Casket' stated responsive to Mrs. Keen's
previous request for the purchase and location of benches at the. front. of the
Courthouse, and responsive to Board direction to staff to work- with Mrs.
Keen and the Beautification Committee to establish a recommendation
relative to the type, cost and location, included in .the agenda is a
recommendation to purchase the benches in-the amount of $1,934 from the
FY04-OS General Fund Contingency account to be dedicated in memory of
William J. Edwards and Helen Haverty King.:
~.~,..~.,.~.~. ,_.;~. 29
~ ...,,.,_..~ _ ..___ _ _ ._ _... _ ~. ._ _..~... _.: .. K... _ _ ,rnr.~,~,~~.~_..
Supervisor. MacManus :noted he would like for staff to develop a
proposed policy outlining who would be honored, the type of benches that
would be used, -and other appropriate symbols that could be used on the
Courthouse campus.
Supervisor MacManus moved the Board direct staff to develop a
proposed policy outlining the criteria for who would be honored, what type
of benches would be used, andother appropriate symbols that could be used
on the Courthouse campus. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion,. and no Supervisors voting against the motion.
County Administrator Caskey presented afollow-up report to the
request of representatives of the Electoral Board relative to voting machine
replacement and poll staffing.
Supervisor MacManus noted a preference for Option 1. He noted he is
not convinced the County should expend $125,000 to replace all the voting
machines simultaneously.
.Supervisor Bradshaw noted his. preference for Option 2. He reminded
the Board that they had just approved an additional $250,000 for a septic
system at the new Administration building. He stated that he was in favor. of
approving $125,000 to ensure that the citizens of the County have a good
voting experience. He noted that the Electoral Board has always been
cautious with spending and managing its funds, and the voting machines are
beginning to fail. He recommended the. Board proceed with the grant
funding. mentioned by Mr. Bell, noting this November will be a presidential
election.
Supervisor MacManus clarified that it is Option 1 that includes grant
funding, and provides for ali the free voting machines. .
Ms. Seward cautioned against the Board moving in advance. of a State
requirement because sometimes it causes a locality to lose grant funds. She
verified that Mr. Bell had indicated to her that the Electoral Board could
manage using two (2) different types of machines during an election.
Supervisor MacManus noted that Option 1 would give the Electoral
Board an opportunity to determine if this is the type of machine that they
desire to use in the future.
Supervisor Bradshaw moved the Board authorize the replacement of
one (1 } voting machine at each polling place with new "touch screen"
machines, as recommended by the Electoral Board, and fully funded by the
Federal government in order to comply with Federal regulations. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
30
_ _ .,tt~.
,,,,~,,.; ~ ....~ .~ ........ __ _ _ _ _ _ _ _ . ~ ... e a_ _., .v ~._
1
1
gOnn 2?. ~~~.'~~J
Bradshaw, Clark and Wright voting in favor of he motion, and no
Supervisors voting against the motion.
With respect to the request of the Electoral Board that the County grant
employees a day of leave for manning the polls, County Administrator
Caskey .noted that. he would. advise the Electoral Board in writing .that they.
simply need. to contact him if there is a need in the future, and he will.
respond accordingly.
Responsive to the issue of Animal Control staffing,.. Donald T.
Robertson, Assistant County AdministratorlOperations, stated pursuant to the
direction of the Board at its previous meeting, staff has included in the
agenda information associated with the cost of hiring one (l) officer and a
.truck. He noted- that- the purchase of a .truck would put the County in full
compliance with the .State requirements for Animal Control vehicles.. He
requested direction from the Board on whether to proceed now, during the
budget process, or at some other point in the future. He noted staff's
recommendation is to place the funds for the position, equipment, and.. truck
in next year's budget.
Supervisor MacManus concurred with staff s recommendation, and
inquired if the .position is anticipated to bring in additional revenue to the
County.
Mr. Robertson Hated that while any revenue received would be
negligible, the Board should be aware that the up-front .costs will not be
reflective of the County's annual .costs because the -truck .will not be a
recurring cost, although. there will be maintenance costs associated with it.
He advised that he would proceed with placing the necessary .funds. fora
position and fully outfitted truck as part of next fiscal .year's budget.
Beverly Walkup, Assistant Director of Planning and Zoning, presented
the final subdivision. plats for Bag1e Harbor, Tract 1, Phases 1 and. 2, property
of Eagle Harbor LLC, Smith's Neck Road (Route 669), Newport Magisterial
District for the Board's consideration.
Chairman Clark moved the Board approve the final subdivision plats
for Eagle Harbor; Tract 1, Phases 1 and 2. The motion was adopted by a vote.
of (4-0-1) with .Supervisors MacManus, Bradby, Clark and Wright voting in
favor of the motion; no Supervisors voting against the.'. motion; and
Supervisor Bradshaw absent for the vote.
County Attorney. Stroman reminded the Board that. under Approval of
the Agenda the Board had approved a request from the applicant;: Archer L.
..Jones, II to table his .appeal. of an administrative determination that the
proposed ten (10) foot by sixty (60) foot deck located at .14571 Burwells Bay
Road is an expansion of a nonconforming structure until the Board's October:
21, 2004 meeting.........
31
Supervisor MacManus inquired if Mr. Jones has been advised that his
request would likely be heard following the public hearings. He
recommended that the Board discuss Mr. Jones' request at its first meeting in
November, 2004.
County Attorney Stroman noted that. he would speak with Mr. Jones
and advise of the change in meeting.
Chairman Clark moved the Board table action until the Board's
November 4, 2004 meeting. The motion was adopted by a vote of {5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Mrs. Seward noted .that pursuant to the .Board's direction at a prior
meeting, she has prepared a brochure for use at the polling places on Election ',
Day in order to educate the public on the proposed Meals Tax Referendum.
She noted that she also intends to distribute stickers at Chamber Day.. She
stated the white paper would be discussed at the speaking engagements she is
attempting to organize at the twelve (12) major local civic. organizations. She
stated there should be ample press coverage and advertisements on this issue
during the month of October. She noted that information has been posted on
the County's PEG channel and website, as well as the .County's newsletters
and the Towns of Smithfield and Windsor's newsletters. She advised that
she is currently speaking with school administration staff in an effort to
appear on "Smithfield Today" during the month of October, 2004. She stated
she is further considering signage and billboards, for placement on SPSA and
HRT trucks.
Supervisor .Bradshaw advised thaf the Carrsville Ruritan Club meets.
the first Monday night of each month, and the Walters Ruritan Club meets
the second Tuesday of each month. He recommended that Ms. Seward also
speak to the Commission on Aging members at their next meeting.
Chairman Clark .recommended involving the PTA's, and that a
newsletter be sent home with each school child. He requested that Ms.
Seward research and report back on which districts the referendum was
previously defeated.
Mr. Rogers reported on the issue of R. L. Walker's concern with an
outfall drainage ditch located on his property. He explained: that he cleaned
-the debris from the ditch when he visited the site, and it automatically began
to drain. He noted that hand ditching with a rake and shovel would solve the
backup. He advised that he has not located any records reflecting ownership
other than private property.
Supervisor Bradshaw directed that .staff write a -letter to Mr. Walker
explaining a possible remedy that could be undertaken by him:
32
~:..
L _1
~oOK ~~ r~f,,r~~ J
Supervisor MacManus requested that staff provide a report to the
Board at its November ,4, 2004 meeting outlining. the number of individuals
who have applied for the tax relief for the elderly and handicapped program
since it was enacted.
County Attorney Stroman offered to contact the Commissioner of.
Revenue and request this information.
Chairman Clark .requested -that staff investigate whether or not .the
gravesite was obliterated during the construction process at Founders Pointe:
Mr: Hartley offered to have his staff check on the gravesite. He noted
that if it has been obliterated, a gravestone has been disturbed,.-causing a
violation of State law.
//
Chairman Clark called for New Business.
County Administrator Caskey presented a request from the Cumberland
County -Board of Supervisors :that every county in the Commonwealth of
Virginia adopt a Resolution on Benchmarking the Staffing and Operational
and. Maintenance Funding for Virginia State Parks. He noted the bond
referendums that were approved in 1992 and 2002 were overwhelming
su rt d b h bl' i
ppo e y t e pu is causing a arge amount of capital dollars to be
funneled .into capital projects, and thereby the .State has not similarly..
provided adequate funding for maintenance and operational needs in State
parks:
Supervisor Bradshaw moved the Board adopt the Resolution, and direct
staff to forward it to the Governor and the .legislative delegation:
.Resolution on Rebenchmarking the
.Staffing and Operational and. Maintenance
Funding for Virginia State Parks
WHEREAS, the Isle of Wight County Board of Supervisors commends
Governor Warner ..and -the Virginia General Assembly for working
cooperatively with the Department of Conservation and Recreation in their
.support ofVirginia's state park system; and,
WHEREAS, Virginia's state. parks. were voted "America's best
managed" in 2001 and became recipients of the. National Gold Medal Award;
and,
33
~;~.~r r,, a_,.~_._.~,...... ~...,,. .~ _~.. _ .., _ , . ._ ..._, ___ r . ~ _. ,.~ ~__,M ,.~ ~ ..N . ti.~~.~~:q~,~ b,~.. .
eooK _ 22 y~r-6.~~~
WHEREAS,. Virginia's state parks ranged fiftieth in state funding
among the fifty states in both per capita and proportion of the state budget
dedicated to state. parks; and,
WHEREAS, our state park system is a major component of Virginia's
outdoor recreation and tourism offerings.: and contributes more. than one
hundred fifty million dollars annually to the state and local economies; and,
WHEREAS, Virginia voters demonstrated both in ~ 1992 and .2002
support for improving and expanding state parks with .nearly seventy per cent
support for general obligation bond referenda in state=wide elections; and,
WHEREAS, the need for a major rebenchmarking of funding and
staffing .for state parks has been identified and. supported by the former
Commission on the. Future of Virginia's. Environment (2002 Senate
Document 4); and,
WHEREAS, preventive, cyclical and maintenance reserve projects
have been deferred for many years as those funds have been by necessity
redirected. to operations resulting in hundreds of millions of dollars in
deferred maintenance; and,
WHEREAS, the expansion in facilities under construction .and to be
built by proceeds from the 2002 GOB willgreatly exacerbate the current park
staffing and operational unmet needs and may lead to delayed openings and
indefinite land banking of new park land acquisitions.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia urges
Governor Warner and the members of the Virginia General Assembly to
support budget amendments that .address this critical need in the 2005
legislative session.
The motion .was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Lyle D. Hornbaker, Information Services Coordinator, presented the
six (6) options for the PEG channel broadcast, noting that this is also an
action step in the County's. Strategic Plan of Action. He stated if the Board
desired to limit or provide no funding, he could provide an audio and short
video segment with existing equipment and current staff expertise. He stated
if the Board desired to expend additional funds, Prime Media, who does the
.Channel 13 broadcasting, has indicated they could duplicate what is
broadcast on Channel 13 on the County's channel for approximately $1,200
per month.
34
1
1
1
sore 22 •...6.i7
Supervisor MacManus requested that Mr. Hornbaker provide the Board
with additional information. at -the Board's retreat in January, 2005 with
respect to how Level (5) can be achieved, to include any associated costs.
Supervisor MacManus inquired if the City of Suffolk equipment that is being
replaced, and which originally cost $100,000, would allow the County to
provide- services described in Level (5), and it could cost the County
significantly less since Suffolk is no longer using. it.
Mr. Hornbaker advised that he had not done a thorough investigation
on equipment prices, but it is his opinion that the County could not reach that
level of broadcasting for less than $50,000. He noted with respectto staffing,
he currently does not have the personnel on-board to handle that type of
broadcasting need.
Supervisor MacManus noted that in the past the Board has discussed
hiring a Public Information Officer. He inquired if so, would it be possible
for such Public.Information Officer to do work related to public relations for
twenty (20) hours per week and devote .the other twenty (20) hours to the
duties described in Option. (5),
Mr. Hornbaker stated that would depend on the amount of videos the
Board wanted :produced in any given month.. He noted the creation of content
takes specialized talent, but the broadcasting is done digitally. He noted that
the City of Suffolk does accomplish this with one (1) individual, but part of
the $1.00,000 spent was for equipment upgrades so that that irdivi~lual could..
do so.
I~
Mr. Robertson strongly recommended that the Public Information
Officer not be tasked with both duties, as the .level of technical expertise
needed is very different from the type of person needed to be a Public
Information Officer.
Mr. Hornbaker advised that Prime Media could be hired on a .per-
project basis. to create. custom videos.
Supervisor MacManus noted that Option (5) is a mix of slides and.
videos, and the video portion could be phased in over a period of years.
1
Mr. Hornbaker noted that he would be prepared to address this issue as
a topic of discussion at the Board's retreat.
Supervisor MacManus recommended that Mr. Hornbaker also be
prepared to address the Board on his suggestions for proceeding more in an
.electronic mode direction.
Supervisor Bradshaw moved the Board direct IT staff to invite Prime
Media to the Board's December 2, 2004 meeting to illustrate different video
options.. The motion was adopted by a vote of (5-0) with Supervisors
90!-~ ~~ ,: a ~' ~ Q
_~ C3
MacManus, Bradby, Bradshaw, Clark .and. Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman Clark .called for Appointments.
There were no appointments offered by the Board.
//
County .Attorney Stroman requested that the .Board enter the .Closed
Meeting pursuant to Section 2.2-371 LA.1 to discuss two (2) matters
regarding the evaluation of Board appointees; under Section 2.2-3711.A.3 to
discuss the acquisition of real property where discussion in open session
would adversely affect the Board's .bargaining position; under Section 2.2-
3711.A.7 to receive legal advice for a matter concerning illegal creation of
lots in a platted subdivision, consultation with .legal counsel concerning
actual litigation concerning water and sewer connection fees,. and discussion
of the Public Procurement Act in connection with the Carrsville Volunteer
Fire Department request.
Supervisor Bradshaw moved the. Board enter the Closed Meeting for
. the reasons stated. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
', of the motion, and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board. return to open... session. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
.Bradshaw, Clark and ..Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Bradshaw moved the Board adopt the following Resolution:.
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors,has convened a closed meeting on
this date pursuant to an affirmative; recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's. knowledge, (i) only public
.business matters lawfully exempted .from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
36
,:_....... T r_
1
1
1
BOP ~~ ~r,:'~.,;1
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed: meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor MacManus moved that the Board direct staff to work as
.quickly as possible with. the Carrsville Volunteer. Fire Department personnel
to procure, through the Procurement Act,. the vehicle they were attempting to
obtain from the Capital Improvements Plan. The motion was adopted: by a
vote. of (5-0) with Supervisors MacManus, Bradby,: Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor Bradshaw moved the Board approve the compensation for
the position discussed in the Closed Meeting. The motion was adopted by a
,vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright. voting in favor of the motion, and no Supervisors voting- against he
motion.
/l
Supervisor Bradby moved the Board adjourn at 9:00 p.m. The motion
was adopted unanimously (5-0).'
~~
Stan D. Clark, Chairman
W. Dougl s key, Clerk -
37