11-04-2004 Regular MeetingREGULAR MEETING OF THE ISLE OF-WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND AND FOUR
PRESENT: Stan b. Clark, Chairman (Arrived at 4:10 p.m.)
Phillip A. Bradshaw, Vice-Chairman
Henry H. Bradby
Thomas J. Wright, III
Richard K. MacManus (Arrived at 4:25 p.~n.)
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Casket', County. Administrator
Donald T. Robertson, Assistant
County Administrator/Operations
Carey Mills Storm, Recording Secretary
Vice-Chairman Bradshaw called the meeting to order at 4:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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.Chairman Clark called for approval of the agenda.
County Attorney Stroman requested that the following amendments be
made to the agenda: Under Old Business, add Board Report entitled "HOME
Program Update" as Item {H}; Under New Business, add Board Report
.entitled "Installation of .Reverend Melvin T. Blackwell" as Item (A); and, no
changes to the Closed Meeting which consists of a matter involving legal
advice on actual litigation .for water and -sewer fees and a ,matter involving
legal advice pertaining to purchase of development rights..
Supervisor Bradshaw requested a personnel matter be added to the
Closed Meeting to discuss -the evaluation of a County administrative
employee.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was .adopted by a vote of (3-0-2) with Supervisors
Bradby, Bradshaw, and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisors MacManus and Clark absent for
the vote.
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Vice-Chairman Bradshaw indicated the Consent Agenda included the
following items:
A. Summary of School Funding - FY 04-05
B. Board of Equalisation. Action on Communication. Tower
Valuations
C. County Strategic Plan of Action/Objective l .E. Master Water and
Sewer Plan
D. Holiday Schedule
E. Isle of Wight County .Administration Building and Carrollton
Volunteer .Fire Department - Construction and Renovation
Progress Report
F. Resolution for Acceptance of Streets .into the State Secondary
Road System, Oyster Way Subdivision
G. Resolution for. Acceptance of Streets .into the State Secondary
Road. System, Section 2 of the Carrollton Meadows Subdivision
H. Resolution for .Acceptance of Streets into. the State Secondary
Road System, Phase 2 of the Ashby Subdivision
I. Board of Zoning Appeals. Action List of October 4, 2004
J. September 30,:2004 Regular Meeting Minutes
Vice-Chairman Bradshaw removed Items (A) and (B) for further
discussion.
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Vice-Chairman Bradshaw called for Special Presentations..
Shelley Huntington, Marketing Director, Blackwater Regional Library,
distributed a copy of the Library's Annual Report, and shared some of the
activities and plans of the Regional Library. system with the Board..
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Chairman Clark arrived at the meeting at 4:10 p.m.
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With regard to .Item (A) previously listed on the Consent Agenda,
Supervisor Bradshaw directed Ms. Seward to publish the fact on the website
that the Board of Supervisors'. final appropriation to the school system was
$400,000 greater than the School Board requested: during~the budget process.
He noted that the school administration has not provided the County with a
revised budget explaining how the additional funds would be spent or what
these funds would be used for. He inquired if the School Board would. be
required to conduct a public hearing to readvertise its budget and incorporate
the additional funds.
County Attorney Stroman advised that the School. Board would need to
amend -its budget in order to spend .any additional funds appropriated that
were not incorporated during the budget process. He stated a public hearing
could be required, depending on the additional amount appropriated.
With regard to Item (B) of the Consent Agenda, Supervisor Bradshaw
received assurance from the Commissioner of Revenue that the decrease in
asset evaluation was fair,-and the reduction was proper, for the decrease in
assessments on communications towers by the Board of Equalization.
Supervisor Bradshaw moved that the Board defer action on the Consent
Agenda in full., as he has discussed Items (A) and (B) and he is satisfied with
the answers he received, until Old Business and .the arrival of .Supervisor
MacManus. The motion was adopted by a vote of (4-0-1) with Supervisors
Bradby, Bradshaw, Wright and Clark voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor MacManus absent.
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Chairman Clark called for Regional Reports.
Chairman Clark reported that transportation initiatives are the primary
consideration of 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, with the exception of the issue of the merger "of the Work Force
Development Southside Peninsula. He reported 'that the Hampton Roads
Planning District Commission is considering apublic/private toll partnership
to facilitate the third-crossing, in addition to other transportation initiatives in
the southside Tidewater.
Supervisor Wright reported that at the Intergovernmental Committee
meeting, the Town of Windsor addressed the issue of sewer, and his presence
is requested at the. Town Hall tomorrow at 4:00 p.m. He .noted the Town of
Windsor has received its study, and he would .update the Board at its next
meeting regarding what takes place at Friday's .meeting.
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Supervisor. Bradshaw notified the ..Board of a regional meeting
scheduled for November 10, 2004 between the County, the City of Franklin,
Southampton County and the City of Suffolk to discuss utilities.
Supervisor Wright notified the Board that the Western Tidewater Water
Authority meeting is scheduled for November 19, 2004.
County Attorney Stroman notified the Board that the Coalition of High
Growth Communities will be meeting at the VACo Annual Conference, and -
there will be a report to .follow at the Board's next meeting.
Supervisor Bradshaw notified the Board of the various committees that.
- will. be meeting at the VACo Annual Conference. He noted that he serves on
the Finance Committee as the personal property tax relief program will be
discussed. He reported that the -Rural Caucus would meet on Sunday
afternoon; Region I will 'be having a caucus on Sunday afternoon in order to
elect a new Director. County Attorney Stroman noted. that the
Administration- of Governments meeting would be primarily devoted to the:.
legislative agenda for VACo for the. upcoming .legislative session.
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Chairman Clark called for Transportation Matters.
With respect to the issue of the letter from Sheriff C. W. Phelps to
VDOT concerning Whispering Pines Trail, Supervisor Bradshaw directed
Mr. Rogers to contact the Sheriff, obtain a copy of his letter, and forward it
on to the Board for its action. Regarding the issue of Ms. Lee and the
Verizon telephone lines, Supervisor Bradshaw requested that Mr. Rogers
contact Verizon and advise the Board if no .action has been taken by its next
meeting so that a letter can. be drafted- by the Chairman advising that the
Board would like to see action take place on this issue.
With respect to the status of Duck Town Road, Mr. Rogers advised
Supervisor Bradshaw that no bids had been received on Duck Town Road,
and VDOT intends to re-bid the work at the end of November. He advised it
would be 60 days before the project could be awarded.
With respect to the .status of Dukes Lane,. Mr. Rogers advised
Supervisor Bradshaw that the right-of--way will be staked next week, and that
the bus drivers will be shown where to turn around until the road is paved.
With respect to Blackwater Road, Supervisor Bradshaw requested that
Mr. Rogers .advise Mr. Lomax that the Board is interested in being kept
apprised as to the. status of the work as it pertains to the 10% contingency.
Supervisor Bradshaw moved that the Board direct staff to request that.
VDOT provide the Board with a financial cost report by project which lists
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all the projects, and what has been expended on each on a quarterly basis.
The motion. was adopted by a vote of (4-0-1) with Supervisors Bradby,
Bradshaw, Wright and Clark voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor MacManus absent.
With respect to the Route 620 project, Supervisor Bradshaw requested
that staff draft a report on the recent meeting that was held for the Board's
November 18, 2004 meeting.
Chairman Clark. requested that staff continue to stay on top of the
contractors and VDOT with regard to the outfall ditches on Sugar Hill Road.
He specifically requested that staff request the contractor and VDOT to meet
with Julia Brooks with respect to the ditch line that was taken out in front of
her home when the road was paved and which needs to be replaced.
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Chairman Clark called for Citizen's Comments.
Supervisor MacManus arrived at the meeting at 4:25 p.m.
Albert Burckard addressed the Board on his opposition to moving the
historic African American schoolhouse from its present location on
. Longview Drive in the Windsor District to the Town. of Smithfield for the
purpose of making it a tourist attraction during .the 2007 Jamestown event.
He recommended that the school be rebuilt on the ground where the history,
education and culture occurred. He requested that the Board conduct a public _
hearing before the project is allowed to continue.
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.Chairman Clark called for the County Attorney's report.
County Attorney Stroman introduced Commissioner of Revenue,
Janice A. Hardison, who briefed the Board on her 'efforts to educate the
public about the tax relief for the elderly and handicapped program. Shea
stated to date, the County has taken 40 new applications for tax relief. She
noted that many. citizens have mistakenly believed that this program is a
deferment program, and she has tried to make it clear to the public that it can
be a complete tax exemption program.
Supervisor Bradshaw requested that Commissioner Hardison provide a
fact sheet to the County Administrator for distribution to staff and the Board
for their use in explaining the tax relief program at civic meetings and other
functions.
County Attorney Stroman advised the Board. that .with respect to the
Eagle Harbor Preliminary Subdivision Plats Tract 2, Phases SB and 6, Mr.
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.Hartley has advised the developer that the County wily. not be accepting
drainage easements in Eagle Harbor.
County Attorney Stroman advised that he has approved as to form the
Agreement between the Board of Supervisors and the Southeastern Tidewater
Opportunity Project, Inc. (STOP) that is included in the agenda.
Supervisor Bradshaw moved the Board approve the proposed
agreement between .the Board and the STOP organization. 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 he intended to discuss with the Board
a matter requiring the provision of legal advice regarding. actual litigation
pertaining to water and sewer connection fees pursuant to Section 2.2-
3711.A.7; amater concerning legal advice and briefings by staff related to
the proposed purchase of development rights ordinance pursuant to Section
2.2-3711.A.3; and, a personnel item under Section 2.2-3711.A.1 during the
Closed Meeting,
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Chairman Clark called. for the Community Development Report.
Mr. Hartley presented the Board- with printed copies of Berms Church
Activity Center: A Roadmap for Growth for their reference and use, which
has been adopted by the Board as part of the County's Comprehensive Plan..
He reported that the document did receive an award from. VACo for both the
process and the product. He noted .that the public could purchase the
document for a fee of $65.
Beverly H. Walkup, Assistant Director of Planning. and Zoning,
inquired if the Board had: any concerns with respect to the preliminary
subdivision plat of Eagle Harbor, Tract. 1, Phases 3, 4 and 5, property of
Eagle Harbor LLC, Carrollton Boulevard (Route 17), located in the Newport
Magisterial District.
Supervisor MacManus stated that the County Attorney, in response to
the Board's concern at a .previous. meeting, had advised the Board earlier in
the meeting today that drainage easements will no` longer be the County's
responsibility to maintain.
Ms. Walkup stated that Note # 12 on the front of the plat states that all
drainage. easements will be the responsibility. of _the Homeowner's
Association.
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Supervisor Bradshaw reported that he had received a letter from a
citizen advising that there were a number of citizens who attended the public
.hearing on the Zoning Ordinance held by the Planning Commission, and who
voiced their concerns with being rezoned from NCRA to RR.
Mr. Hartley noted that the current residential districts will be reduced
from eight (8) to five (5) districts. He added that the Planning Commission is
proposing to eliminate all of the individual NC districts, and change their '
current designation to a comparable district. '
Supervisor Bradshaw moved that the Board direct Mr. Hartley to
develop a fact sheet explaining the reclassification from NCRA to RR for use
by the individual Board. members when they are questioned by citizens. The
fact .sheet should also be publicized on the website. 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. Hartley, in the future, ensure that
drainage easements are treated in the same manner as BMPs .with respect to
disclosure of the associated costs to the Homeowners Association, and that.
the Association- is not responsible until the appropriate percentage of
homeowners are members of the Association. He requested Mr. Hartley also
begin to contemplate a way. in which Eagle Harbor homeowners can be
advised that the cost of the maintenance of the drainage easements will be the
responsibility of the Homeowners Association.
Supervisor MacManus recommended that a Letter containing the
necessary information be sent from staff to the Homeowners Association.
With respect to the residents of Smith Neck Road that will become a
part of the Eagle'Harbor Homeowners Association, Chairman Clark directed
Mr. Hartley to .communicate with the .President of that .Homeowners
Association to advise that the .cost of maintaining the drainage easements will
be the Association's responsibility. in the future, and if they have questions,
they should contact the developer.
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Chairman Clark called for the Parks and Recreation Report.
Alan S. Nogiec, Director of Parks and Recreation, reported that the
Department. of Public Works has solicited the. services of a contractor to paint
the interior of the Museum, and he would recommended that the funds to
accomplish this .work come from the gift shop fund balance, .which is
generated through gift shop sales.
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Supervisor MacManus moved -the Board approve an .allocation. of
$8,500 to the museum budget from gift shop sales. 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 reminded Mr. Nogiec that: the Board is
anticipating a revised parks and. recreation program to be presented to the
Board at its Retreat in January, 2005.
Supervisor Bradshaw commented that he would like for the Parks and
Recreation Advisory Committee to meet at least. bi-monthly or monthly, and
to have some sort of meeting schedule. He noted that he wanted to see more
citizen involvement with the Central County Park, the renovations at Nike
Park, the Hardy Park, the renovations at the Camptown facility, coordination
of activities with the school system, and the Strategic Plan. He requested that
Mr. Nogiec brief the Board at its Retreat on the most recent plans outlining
the projects to ensure that the Strategic Plan adopted by the Board is the same
as the one being used by his. department.
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Chairman Clark called for the Public'Utilities report.
E. Wayne Rountree, P.E., Assistant County
Administrator/Development, .stated that pursuant to the Board's previous
direction is a revised Private Water System Purchase Policy as recommended
by the Budget and Finance Committee. He noted that included in the agenda
is a proposal from C&P/Isle of Wight Water Company should the County,
desire to purchase any of those.. systems. He advised that the` Cannon Acres
water system is still. pending, and he anticipates that at least. one (1)
additional water system will become a~~ailable before January, 2005. He
noted it is important for the County to have a uniform set. of criteria when
deciding whether. or not to purchase a system., or how much to pay for such a
system.
Supervisor MacManus noted with respect to revenue and expenses,
specifically "other income expected from the system," he would .encourage
..staff to be conservative with respect to anticipated revenue. He .noted with
~, respect to expenses, specifically "one-time capital improvement cost," some
of the estimates were not conservative in the amount of potential .capital
impact. He requested that when those potential .offerings come back to the
~ Board, that he would .encourage staff to be conservative to ensure that the
County's welfare is being protected.
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Supervisor MacManus moved the Board adopt the Resolution
Adopting a Private Water System Acquisition Policy, and authorize
negotiations for the acquisition of selected .private water systems. The motion
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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 the County Administrator's report.
County Administrator Caskey stated responsive to the Strategic Plan of
Action, included in the agenda is a Violence in the Workplace Policy for the
Board's consideration.
Supervisor MacManus moved the Board adopt the Violence in the
Workplace Policy, and direct staff to forward copies of the Policy to the
Towns of Smithfield and Windsor for their use. 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 noted the need to incorporate a reference
to the use of County equipment, excluding vehicular use, into the County's
Policy. He recommended following. discussion, the. Board adopt the
Resolution.to Establish an Equipment Use Policy contained in the agenda.
Chairman Clark. requested that Mr. Rountree and Mr. Long address the
following and report back to the Board:
. Establishment. of a set of procedures with respect to training,
specifically is it provided on an annual or one-time basis.
Log keeping with respect to recording the actions taken with the
training. of personnel, as well as the maintenance of equipment.
Manuals should be made available and utilized by staff, as well
as referenced in the Policy....
OSHA requirements should be followed, as well as safety
regulations as established by OEM.
Training should be documented.
There should be an itemized list for each piece. of equipment and
a technical procedure explaining the proper operation for each
piece of equipment.
Supervisor Bradshaw requested that staff bring. back a recommendation
with respect to smoking, alcohol and. illegal substances.
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Supervisor Wright moved-the Board adopt the following Resolution:
RESOLUTION TO ESTABLISH AN
EQUIPMENT USE POLICY
WHEREAS, the Board of Supervisors. of Isle of Wight County,
Virginia desires to regulate the operation and use of County-owned..
equipment in order to promote the safety and wellbeing of County
equipment operators; and, ,
WHEREAS, the proposed Equipment Use Policy establishes
systematic policies and procedures regarding. the use of County-owned
.equipment,
NOW,. THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of .Supervisors of Isle of Wight County, Virginia, that the
proposed Equipment Use Policy be adopted.
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 recalled that the Board, in the past,. has
authorized a sponsorship(s) for at least one (1) individual to participate in the
Leadership Isle of Wight Program. He recommended that the Board
authorize. an appropriation of $775 for one (1) individual to participate in the
Leadership Isle of Wight 2005 Program.
Supervisor Wright moved the Board authorize a sponsorship level
equivalent to one ,(1) '.participant ($775), with the Board sponsored
participant(s) to be chosen by the County Administrator. The funds are to be
taken from the 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.
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Chairman Clark called for Old Business.
Mr. Hartley advised that Mr, Jones is not present to represent the
following application; however, when he did arrive, Mr. Hartley would
advise the Board and request that they cansider the application at that time..
The application. of Archer L. Jones, II for an 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. and is not permitted in accordance with
Sectipn SOOlA.4 of the County Chesapeake Bay Preservation Area
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Ordinance. The property is located in the Hardy Election District.
(Tabled September 30, 2004)
Chairman Clark moved the Board table the application of Archer L.
Jones, II until the. Board's December 2, 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.
Donald T. Robertson, Assistant County AdministratorlOperations,
directed the Board's attention to the Board Report contained in the agenda,
which was intended to address the questions and concerns voiced by the
Board at their previous meeting relative to the County Strategic Plan of
Action/Objective 4.E. He stated his item would be further discussed at the
Board's Retreat in January, 2005.
Supervisor Bradshaw requested the Director of Tourism have more
coordination with the various communities. He recommended Ms. Woolley
get involved with the Town of Windsor's July 4t" event, which is heavily
attended by people from all over, He noted the Zuni community has its own
Community Day entitled "A Day in the Country"; there is a Christmas parade
held in downtown :Zuni; the Carrsville community holds a Community Day
through Pulaski Baptist Church on the July 4i" weekend; and, that the
Camptown community has, in the past, held a Community Day. He stated
both Smithfield and Windsor have huge baseball. associations in the .County,
which bring in people .from all over Hampton Roads, and that there are
numerous recreational activities held for the youth in the County, to include
soccer events and the skate board park at Nike Park. He noted various
Homeowners Associations hold activities, such as the Parade of Homes, and
that participation in these events would generate tourism in the southern. end
of the County. He offered to provide staff with names of contacts for those
events. He stated the Board is looking to the future with respect to the
Strategic Plan, to include how the County will be involved, how it will beat
the forefront, and how it can be an instrumental part of the 2007 celebration.
He referred to the Lawnes Creek Development and noted that it .should be
.marketed for its historical value.
Supervisor MacManus noted that the County's Strategic Plan of Action
seeks a 50% annual increase in tourism to -bring the .County up to a 400%
level in the 2007 timeframe. He stated he is looking fora 50% increase, not
the 3% to 5% indicated by staff. He noted that in the calendar of events for
2005 has no events scheduled in the County for. three. (3) weekends in April;
two. (2) weekends in May; four (4) weekends in June; three (3) weekends in
July; four (4) weekends in August; .and, three (3) weekends in September.
He noted the Tourism Department's basic job function is to be working irr
...conjunction with -the various community organizations and proactively
encouraging them to utilize these weekends to bring in tourists. He noted
that the calendar does not acknowledge the Farmer's Market, which attracts
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approximately 500-1;000 people to the Town of Smithfield. He noted that
there is also no mention of Hog-jog, Souper Saturday and Chamber Day, all
of which are events. that bring many visitors into. the County. He stated that
"Dirt to Diamonds" is a citizen group initiative that should be marketed to the
public by Tourism. He. stated that he expects the Tourism Department to
exhibit a strong initiative in .delivering products, that it become a Department
that is heard about and complimented for a job. well done in promoting the
Towns of Smithfield and Windsor, and the County. He stated the Director of
Tourism's initial response with respect to the lack of a hotel is not acceptable
to him, and he wants to see the Director of Tourism exhibit a strong initiative
at the Board's Retreat that represents a significant growth factor. He stated
the Department of Tourism should also. help promote .the initiatives of
citizens so that they will, in turn, be successful
Chairman Clark noted :that he would like to see a "can do" attitude
versus a "can't do" attitude.
Supervisor MacManus noted that the Board has already taken action on
what they expect to receive in a report from the Director of Tourism at the
Retreat, but they wanted to provide further clarification on their expectations,
as expressed above.
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Supervisor Bradby responded to the comments. offered by Albert
Burckard earlier in the meeting under Citizens Comments. He stated that he
believed that moving the historic African American schoolhouse to the Town
of Smithfield fore the purpose of .attracting tourists during the 2007
Jamestown event could be one of the greatest things to ever happen to this
County. He commented that he has been elected by the citizens of the
.County to represent all. of the citizens, and not just those of a particular ethnic
group.
County Administrator Casket' stated as a result of a request from Grace
Keen for the placement and naming of benches to be ocated in the front of
the Courthouse, staff has developed a proposed Policy and Resolution for the
Dedication of County Property for the Board's consideration.
Supervisor Bradshaw moved the Board table consideration of the
Policy and Resolution until the Board's Retreat in January, .2005 to allow the
Board an opportunity to review the issue thoroughly. This matter is to be
brought back to the Board under.. Qld Business following the Retreat. 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. Nogiec addressed the Board concerning the need for a user fee for
non-Isle of Wight County residents to utilize the Tyler's Beach Boat Harbor.
He proposed a $SOO annual fee, and a prorated. fee of $250 for applicants who
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apply after July l st through December 31St of each year. He noted. that the fee
would not. apply to users. of the boat ramp,
Chairman Clark moved the Board approve the user fee agreement and
authorize the Department of Parks- and Recreation to implement the fee
effective January 1, 2005. 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 the preliminary subdivisionplat of Eagle Harbor, Tract
2, Phase SB, property of Eagle Harbor. LLC, Carrollton Boulevard (Route
17), Newport Magisterial District, which was tabled at the Board's
September 30, 2004 meeting, Mr. Rogers noted staff has addressed the issues
presented by the Board at that meeting..
.Supervisor MacManus clarified that his real concern was not with the
islands being located in the cul-de-sacs, but that of the County's ownership
of the islands in the cul-de-sacs.
Mr. Rogers advised that the .islands would be dedicated to the
Homeowner's Association, along with the drainage easements. He noted
there would still be a County. utility easement.
County Attorney Stroman noted that a utility easement is not a burden
in the same way that a drainage easement is a burden.
Dean Vincent advised that VDOT wanted a drainage easement over the
parcel to be dedicated to the County. He stated that he finds no .reason
whatsoever to have it, and he has no problem with removing it from the plat.
Supervisor MacManus asked with respect to .the ongoing drainage
problem on Route 17 that Mr. Cassell has reported, who .would be
responsible for performing the improvements to the piping on Route 17, if
required.
Mr. Vincent replied that he is going to meet with 'Mr. Cassell and
representatives of VDOT next week and will run a drainage model which will
identify what size pipe is needed in order to handle the_overflow adequately.
He noted that following that .meeting, he would request a meeting with
County staff and others to disclose the. results of the model. He noted. if it is
determined that the existing pipe. is inadequate, VDOT will be responsible for
correcting the problem.
Supervisor MacManus noted that in addition to the existing pipe
appearing to be undersized, the- overflow problem may also be related to
some of-the development in the Eagle Harbor Subdivision, as the drainage
flow appears to be getting worse.
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Supervisor Bradshaw acknowledged the efforts of Mr. Dean to help
investigate and solve the overflow problem.
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County Administrator Caskey noted that VDOT has a new District
Administrator for the Suffolk District, and the Board could address this issue
with him when he is introduced to the Board at a future meeting.
Chairman Clark indicated he would like fore County Administrator
Caskey to invite the District Administratof to address the Board as soon as
his schedule permits.
Chairman Clark recommended that staff invite .Commonwealth
Transportation Board member, Helen Dragas, to speak to .the Board in early.
January, 2005.
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Supervisor Bradshaw moved. that -the Board approve the preliminary
subdivision plat of Eagle Harbor, Tract 2, Phase SB,. property of Eagle
Harbor. LLC, Carrollton Boulevard (Route 17), Newport Magisterial District
(Tabled September. 30, 2004); the preliminary subdivision pl-af of Eagle
Harbor, Tract 2, Phase 6, property of Eagle Harbor LLC, Carrollton
Boulevard (Route 17), Newport Magisterial District (Tabled September 30,
2004); and, the Subdivision. Plat of Founder's .Pointe, Phase 2, Sugar Hill
Road, Route 661, Newport Magisterial District (Tabled September 30, 2004),
listed under Old Business.. 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. Robertson- updated the Board on the HOME Program. He stated
pursuant to the Board's direction, staff has corresponded with HUD, and this
information is included in the information :provided to the Board, as well as
the previous correspondence from HUD and the responses. from the City of
Suffolk, He -noted that the November Z, 2004: correspondence included
information that the County provided to assist with that response..
Mr. Hartley noted the arrival of Archer L. Jones, IL
Chairman Clark moved, and the motion was adopted unanimously (5-
0),.that the Board amend the order of the agenda in order to consider the
following application:
The application of` Archer L. Jones, II~ for an appeal of an
administrative determination that..the proposed ten (10}-foot by sixty
(60) foot deck_ located at 14571 Burwells Bay Raad is an expansion of
a nonconforming structure and. is not permitted in accordance with
Section SOOlA.4 of the County Chesapeake Bay Preservation Area.
Ordinance.
..~~.~.~.,.~.r.,~:~~ ..:.~,,.,.~..._,,v...,.. _.. _..._, ._,..,_. _
Mr. Hartley reminded the .Board that they had considered this
application on September 2, 2004, and directed. staff to communicate with the
Chesapeake Bay Local Assistance Department (CBLAD). He referred to
CBLAD's comments in the agenda and reiterated .that the Board keep in mind
that when administrative appeals are involved,. the issue is not just an
application on a specific issue, but a precedent that would apply to all similar
situations in the future..
Chairman Clark commented if the Board approves Mr. Jones'
application, the .Board would be changing the .method in which the Ordinance
is applied in the future, whereas if an applicant applies for an exception to the
Ordinance, it would not diminish the authority of the Zoning Administrator.
County Attorney Stroman advised the Board that the .question is
whether or not the proposed deck added to the front of a structure is or is not
redevelopment.
Archer L. Jones, II, requested that the Board keep in mind that the
reason he is present today is because the cottage was destroyed by a
hurricane.
Supervisor Bradby noted that.. he understood the reason .behind certain
regulations being required of localities; however, he is sympathetic to Mr.
Jones having the opportunity to do what needs to be done to repair the site.
Supervisor Bradshaw pointed out that if Mr. Jones did not .have the
option of proceeding with requesting an exception, he would also be
concerned, but he did. not want to overrule the authority. of the Zoning
Administrator or go against the recommendation of CBLAD.
Supervisor MacManus moved the Board deny the application noting.
that approval of the application would be contrary to CBLAD's
determination, and would change the method in which Mr. Hartley interprets
the Ordinance in future applications. 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 New Business.
County Administrator Caskey presented a request from Little Zion
Baptist Church that the Board adopt a resolution in recognition of the
installation. of Reverend Melvin T. Blackwell..
Supervisor Bradby moved the Board adopt the following Resolutions
RESOLUTION IN RECOGNITION OF THE
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INSTALLATION OF REVEREND MELVIN T. BLACKWELL
WHEREAS, Little Zion Baptist Church has had a significant presence
in the community and a positive impact on the quality of life of the citizens in
Isle of Wight County since the late 1800's; and,
WHEREAS, Little Zion Baptist Church recently extended a call to
.Reverend Melvin T. Blackwell to serve as its Pastor-Elect; and,
WHEREAS, Reverend Melvin T. Blackwell will be officially installed
as the Pastor of Little ZionBaptist Church on November 21, 2004; and, '
WHEREAS, the Board of Supervisors wishes to welcome Pastor
Blackwell to the community and to recognize thin sacred milestone in the
history of Little Zion Baptist Church.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express its recognition of the installation of Reverend Melvin T. Blackwell as
Pastor of Little Zion Baptist Church.
The motion was adopted by a vote of (~-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in -favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus notified the Board that he had received a request
from Jason Peters to place certain birdhouses and a plaque at Riverside Park
in Smithfield in conjunction with his Eagle Scout project.
Supervisor MacManus moved the Board direct staff to work with Jason
Peters so that he can achieve his Eagle Scout award. 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 notified the Board that the Soteria Christian
Center in Smithfield has contacted him with..respect to that organization
receiving property tax relief for its facility. He noted that since the General
Assembly. needs to consider .the request, he would request that staff provide
the necessary support to the.. Soteria Christian Center to assist with their
request. .
County Attorney Stroman advised of a change in the law in one of the.
recent sessions of the. General Assembly to delegate that power to the local
government.
Supervisor MacManus moved the Board direct staff to investigate: and
address what can the County can do to provide tax relief, and in the interim,
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contact them to advise that the County is working on it, include a timetable,
advise that the General Assembly is no longer involved, and that thematter
can be handled here. locally. 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 notified the Board that. the 2005 VACo/VML
Day is scheduled to fall on the same date as the .Board's first meeting in
February, and that staff should take .that into consideration when preparing
the Board's calendar for nextyear. He requested that Mr. Caskey and Mr.
Robertson check into the registration information, which he understands. is
being. published at this time.
Supervisor Bradshaw advised that the Law Enforcement Committee of
the Board, consisting of Chairman Clark and himself, recently met with the
Sheriff who requested that strong consideration be given to inclusion of the
Sheriff's Office in the Pay and Classification Plan of the County.
Supervisor Bradshaw moved the Board direct staff to meet with Sheriff
Phelps to discuss the possibility of the Sheriff's Department coming into the
County's Pay and Classification 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 further advised that during the same Law
Enforcement Committee meeting, the Sheriff advised that he is requesting
the County's assistance in seeking legislative support from the General
Assembly with respect to the LEO Program, a retirement program designed
for deputies.
Supervisor Bradshaw. moved the Board direct .staff to meet with the
Sheriff with respect to the LEO Program to prepare the necessary legislative
information needed to show the County's. support for that program. 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 the .comments .offered by Albert Burckard under.
Citizens Comments, Supervisor Bradshaw advised that there is also a
Rosenwald home located in Carrsville, and that it is in better shape than the
home being moved from the Windsor District.
Supervisor Bradshaw moved that the Board direct staff to review the
possibility of acquiring the Rosenwald home that is located in Carrsville, and
to restore the home as a historical site. 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 requested that Mr. Childress, in his capacity as
Director of Emergency Management, capitalize on the grant process. He
noted that Sussex County receives a new truck :annually through the grant
program. He further noted that each department in Sussex County applies for
grant funding and receives funding. He pointed out if Sussex County is able
to secure funding through the grant .process, the County should be able to
receive funding as well.
Mr. Childress explained that it is not common for departments to
acquire apparatus. through the .fire grants, and none of the County's
departments have received a grant this year. He stated that the Sussex.
County Board of Supervisors does not provide .the amount of support that
this County provides its .fire and.. rescue organizations. He stated because..
Sussex County is in a different rural classification, there is more opportunity
for it to receive funding..
Chairman Clark requested that Mr. Childress educate the Board in early.
January, 2005 as to the specifics of how a locality qualifies for fire and
rescue grants.
Chairman Clark requested that County Attorney Stroman communicate
with the law firms that are soliciting Southeastern Public Service Authority
(SPSA} propaganda that he .prefers that those matters that are being
forwarded to him currently be sent directly to .the County Attorney as
opposed to the Chairman of the Board of Supervisors.
Supervisor MacManus reported that SPSA held an emergency meeting
today to resolve the issue of John Holland, a C&D contractor, who was
suggesting that SPSA prices were inappropriate and below cost. He noted
that the SPSA Board has concluded that the prices were appropriate and legal
counsel advised. that Mr. Holland had no legal basis for his claim. He
.reported that SPSA did approve today. the rate of $6.50 per cubic yard for
C&D waste.
//
Chairman Clark called for Appointments..
Supervisor Wright moved the Board reappoint Mary J. Eley to serve on
the Senior Services of Southeastern Virginia. The motion was adopted.
unanimously (4-0). Supervisor MacManus was absent for the vote.
Supervisor Bradshaw moved the Board appoint Dave Hawkins to serve ,
as the service provider representative on the County's behalf on the
Community Policy and Management Tearn. The motion. was adopted
unanimously (4-0). Supervisor MacManus was absent for.the vote.
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Supervisor Bradshaw moved the Board reappoint Donald T. Robertson
to serve on the Western Tidewater Community Mental Health and
Retardation Services Board (Chapter 10). The .motion .was adopted
unanimously (5-0).
Supervisor Bradshaw moved the Board direct staff to review and make
a recommendation to the Board on an appropriate staff member to serve in K
place of Supervisor Bradby, who is no longer eligible to serve on the Senior
Services of Southeastern Virginia. The motion was adopted unanimously (5-
0).
//
County Attorney Stroman requested a Closed Meeting to discuss a
matter pursuant to the Freedom of Information Act, specifically Section 2.2-
3711.A.1 to discuss and consider specifically the evaluation of appointees of
the Board; under Section 2.2-3711.A.7 involving a matter requiring
consultation with legal counsel and briefing by staff members pertaining to
.:.actual litigation for water and sewer connection fees; and, under Section 2.2-
3711.A.5 concerning a matter pertaining to legal advice in connection with
the County's proposed Purchase of Developments Rights Ordinance.
Supervisor Bradshaw moved the Board enter .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 Berard return to open 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.
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
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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 ~ p
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the Closed Meeting.
//
At 8:30 p.m., Supervisor Bradby moved the Board adjourn its meeting.
The motion was adopted unanimously (5-0).
~i-
Stan D. Clark, Chairman
W. Douglas ask ,Clerk
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