02-17-2011 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF FEBRUARY IN
THE YEAR TWO THOUSAND AND ELEVEN
PRESENT: Thomas J. Wright, III, Chairman
Stan D. Clark, Vice - Chairman
Al Casteen
JoAnn W. Hall
Kenneth M. Bunch (Arrived at 5:15 p.m.)
Also Attending:
A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
Chairman Wright called the meeting to order at 5:00 p.m.
Supervisor Hall delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Wright called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under Special Presentations, remove the Crime Prevention
Committee Presentation; under the Community Development Report, add an
Application of a grant from the Virginia Department of Conversation and
Recreation (DCR) to provide septic tank pump -out assistance to low and
moderate income (LMI) households in the Chesapeake Bay region of Isle of
Wight County; under the County Attorney's Report, add the proposed sale
agreement for four (4) parcels of the Sentara property to the Town of
Smithfield; under the County Attorney's Report, add an agreement to allow
the Town of Smithfield permission to enter and have possession of the
Sentara property before closing; under the County Attorney's Report, add
authorization for a public hearing at the March 3, 2011 meeting for the sale
of four (4) parcels of the Sentara property to the Town of Smithfield; and,
under the County Attorney's Report, add four (4) closed meeting items.
Supervisor Clark moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4 -0) with Supervisors
Casteen, Clark, Hall and Wright voting in favor of the motion; no
Supervisors voting against the motion; and Supervisor Bunch absent for the
vote.
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Chairman Wright called for Special Presentations /Appearances.
Chief Sullivan displayed a dog that is currently available for adoption
at the County's animal shelter.
Phillip A. Bradshaw, a former Board of Supervisors' member, was
formally presented a resolution recognizing his contributions which was
adopted by the Board at its January 6, 2011 meeting.
The following County employees were previously presented awards for
their respective years of service and were duly recognized by the Board:
Sandra W. Robinson for thirty -five (35) years of service; Beverly H. Walkup
and Melinda J. Goodwyn for twenty -five (25) years of service; Donald T.
Robertson, Grizzelle Joyner and William Wagner, III for twenty (20) years of
service; Jeffrey A. Storm, Myrteen G. Wrenn and, Marion G. Cook for fifteen
(15) years of service; Faye J. Drewery, Manual Gonzalez, Anthony D. Davis,
William F. Johnston, Gregory L. Parsons, Brian C. Sanzo, Julia S. Simmons,
William A. Brady, William S. Oerthman, Benjamin L. Chappell, Amy M.
Evans, Carol G. Rhodes, Rosemary U. Arbogast, Thurman L. Battle, Robert
B. Watkins, Tony J. Wilson, Bernard Williams and Kevin Taylor for ten (10)
years of service; Deborah D. Szymanski, Christopher A. Smith, Susan M.
Morgan, Brenda A. Hedgepeth, Anthony M. Blount, Derrick D. Parker,
Rajeeb Islam, Connie R. Carter, Wilbur E. Sullivan, Jason E. Gray, Victoria
M. Longsdale, Luther Elder, Jr., Hurley J. Simmons, Ashby L. Pope, Michael
P. Marshall, Karen E. Vogel, Christy R. Phillips, Gilbert L. Artis, Bennie F.
Holliman, Carol F. Jones, Ralph B. Simmons, Gloria B. Spratley, Kathleen S.
Torrence, Wilbert L. Artis, Wortley L. Beechboard, Jean E. Turner, Robert
A. Barrett, Robert A. Barlow, Kaye B. Hewitt and Keith A. Partain for five
(5) years of service.
Eric D. Rosser, P.E., Project Engineer for the Department of General
Services, was formally introduced and recognized by the Board for passing
his Professional Engineers exam.
The following Boy Scout troops were recognized for their commitment
and service to the County: Boy Scout Troop 180 of Wesley Memorial United
Methodist Church in Norfolk; Boy Scout Troop 19 of Miles Memorial United
Methodist Church in Norfolk; Boy Scout Troop 30 of Norview United
Methodist Church in Norfolk; Scout Troop 628 of Christ the King Catholic
Church in Norfolk; and, Powhatan Chapter of Blue Heron Lodge, Order of
the Arrow, in Norfolk.
Scott Bower, on behalf of Safco Products Company, accepted the
following Resolution, which was adopted unanimously (5 -0) by motion of
Supervisor Clark:
RESOLUTION TO RECOGNIZE SAFCO
WHEREAS, Safco Products Company is a leading provider of
organization and comfort enhancing products for the workplace; and,
WHEREAS, Safco is a corporate resident of the Isle of Wight County
with a one of its distribution sites located in the Shirley T. Holland
1 ntermodal Park; and,
WHEREAS, Safco donated 81 benches to the Isle of Wight County
Department of Parks and Recreation for use in park facilities throughout the
community; and,
WHEREAS, SAfco has also made significant donations to the Isle of
Wight County Public Schools.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Isle of Wight County Board of Supervisors recognizes and expresses its
appreciation to Safco Products Company for its generosity and its positive
contributions to the quality of life of all Isle of Wight County citizens.
Mike Stephens, Isle of Wight County Fair Chairman Elect, was
formally introduced to the Board and the 2011-2012 Isle of Wight County
Fair Chairman and Fair Committee officers were congratulated.
Ted Lawson of Manry Rawls was featured under the Small Business
Close-Up segment of the agenda.
Miles Diamond, Chairman of the County's Crime Prevention
Committee, presented information relative to that Committee's
accomplishments, goals and County crime statistics.
Supervisor Clark requested staff to place Mr. Diamond's slide
presentation on the County's website.
Gary Scott, Town of Windsor and Andrei' Gregory, Town of
Smithfield, were noted to be in attendance at the meeting.
Ed Easter, Chairman, Redistricting Committee for the 2010 Census,
briefed the Board on the anticipated schedule of that Committee.
Gerald H. Gwaltney, Commissioner of the Revenue, provided an
overview of current budget targets; foreclosures; and, Machinery & Tools
issues, as well as an FY I 1 forecast with respect to Real Estate, Personal
Property and public service.
Judy C. Wells, Treasurer, advised that 12,015 late notices for Real
Estate and Personal Property have been mailed out, of which 2,500 (or 20%)
have been paid. She advised that since the prepay booklets were mailed out
for Personal Property and Real Estate in early January 2011, $63,971 in
Personal Property pre-payments and $117,671 in Real Estate pre-payments
have been collected. She advised that final notices will be mailed on March
18, 2011 with a due date of April 5, 2011. She advised that the County
collected $23,712,759.02 in Real Estate levies in 2009-2010 and
$14,568,772.50 in Personal Property levies in 2009 for the highest collection
rate in the Hampton Roads area.
Ms. Wells, in conjunction with Jason Gray, was requested to bring a
report back to the Board regarding the feasibility of the County absorbing the
credit card fee of 2.7%.
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Chairman Wright called for consideration of the following Consent
Agenda:
A. 2011 Isle of Wight County Fair Sponsorship Opportunities
B. Donations Received from the Camp Foundation
Resolution to Accept and Appropriate Donations from the
Camp Foundation of One Thousand Five Hundred Dollars
C. Pesticide Container Recycling Program
Resolution to Accept and Appropriate One Thousand Eight
Hundred Seventy Five Dollars from the Commonwealth of
Virginia Department of Agriculture and Consumer Services
D. Virginia Tourism Corporation Marketing Leverage Grant Funds
Awarded
Resolution to Accept and Appropriate Funds from the
Virginia Tourism Corporation Marketing Leverage Grant
E. Accept and Appropriate V-STOP Grant Funds
Resolution to Accept and Appropriate Funds Received
from the Commonwealth of Virginia Department of
Criminal Justice Services
F Matching Funds from the Virginia Department of Agriculture
and Consumer Services (VDACS) for Purchase of Development
Rights
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G. Application for Grant Funds — Virginia Department of
Emergency Management (VDEM) 2010 Port Security Grant
Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Grant Funds
from the Virginia Department of Emergency Management
H. Transfer Funds from the Isle of Wight County School's Food
Services Fund Balance to the FY10-11 Food Service Budget
Resolution to Authorize the Isle of Wight County Schools
to Transfer Funds from the Food Service Fund Balance to
the FY10-11 Food Service Budget
E. Rescind the Resolution to Reappropriate the Isle of Wight
County Schools State Carry Forward Funds Related to Purchase
Orders
Resolution to Rescind the Resolution to Reappropriate the
Isle of Wight County Schools State Carry Forward Funds
Related to Purchase Orders
J Rescind Schools FY 2009-10 Carryover State Remaining Fund
Balances for Unspent Funds
Resolution to Rescind the Resolution to Reappropriate the
Isle of Wight County Schools State Carry Forward Funds
Related to Unspent Funds
K. Career Staffing of Carrsville Volunteer Fire Department
L. "Request to Administer" Forms and Standard Project Agreements
for Upcoming Transportation Projects to be Locally
Administered by the County
M. Registration Renewal of the Isle of Wight County Trademark or
Service Mark Name
N. Budget and Finance Committee Meeting
0. Quarterly Report/Economic Development
P. Monthly Report: Delinquent Tax Information
Q. Fiscal Year 2010-11 Monthly Financial Reports for County and
Schools
R. Recyc Systems, Inc. Bioso lids Status Report
S Wetlands Board 2010 Annual Report
T. Study of Tidal Shoreline Management in Virginia:
Recommendations for Living Shorelines and Tidal Resources
Sustainability
U. November 30, 2010 Special Meeting Minutes
V. December 17, 2010 Regular Meeting Minutes
W. January 6, 2011 Regular Meeting Minutes
Supervisor Clark moved that Item (Q), Fiscal Year 2010-11 Monthly
Financial Reports for County and Schools, be removed at the request of
Supervisor Casteen and that the remaining Consent Agenda items be
approved. The motion was adopted by a vote of (5-0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Regarding Item (Q), Fiscal Year 2010-11 Monthly Financial Reports
for County and Schools, Supervisor Casteen moved that the reports be
approved as provided and that the Director of Budget and Finance be directed
in the future to add to the monthly financial reports the current balance for
the Unappropriated Fund Balance and the Designated Fund Balance. The
motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
V oting against the motion.
Chairman Wright called for Regional Reports.
Supervisor Clark distributed a document reflecting the mission of the
Hampton Roads Transportation Planning Organization and the Hampton
Roads Planning District Commission which had been distributed at today's
retreat attended by him and County Administrator Caskey. He advised that a
report was also provided on the DEQ and EPA regional groundwater policy.
Ile stated that the HRPDC is debating whether to delay or litigate the Total
Maximum Daily Load requirements from DEQ and the EPA.
Supervisor Clark advised that the HRTPO discussed the various
transportation improvement plans with the key issue being whether or not to
expand the Hampton Roads bridge tunnel, to build a third crossing or build a
modified crossing called the Patriots Crossing. He advised that with the
exception of the Patriots Crossing, all other options involve tolls on the
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James River Bridge. He advised that he is advocating the Patriots Crossing
for that reason.
Regarding the Hampton Roads Military and Federal Facilities Alliance,
Supervisor Clark reported that 3,900 Joint Forces Command jobs were
retained of the 5,500 total and a high number of those jobs were in the City of
Suffolk.
Supervisor Casteen reported Tourism's progress to date was reviewed
at its last meeting, as well as the budget, which is in conjunction with the
Town of Smithfield.
Chairman Wright reported that Suffolk Mayor Johnson is the new
Chairman of the Mayors and Chairs Caucus. He advised that Mayors and
Chairs of municipalities should be attending conferences and the number of
staff attending with their Managers should be limited.
Supervisor Casteen reported that he is attending Social Services Board
meetings and continuing to learn about that organization.
W. Douglas Caskey reported that the Southeastern Public Service
Authority is continuing to consider methods in which to trim its costs by way
of selling surplus assets and taking whatever action necessary to reduce its
operating expenditures.
Regarding the Western Tidewater Regional Jail Authority, Chairman
Wright reported that he, Supervisor Hall and Sheriff Phelps had travelled to
Richmond last week with respect to legislation that involves jail cell blocks
being built with Federal and local funds.
Regarding the joint meeting with the City of Franklin on the Navy's
proposal for a Touch and Go Program at the Franklin Airport, Chairman
Wright advised that in response to the City of Franklin's request, he had
called a special meeting of the Board on Monday, February 14, 2011 at the
Paul D. Camp Community College Workforce Development Center in
Franklin for the purpose of meeting jointly with the City of Franklin and to
receive comments from the public. He advised that no questions had been
addressed to the Board and following its adjournment, the Franklin City
Counsel had made a motion to reject the Navy's proposal, which had been
adopted by a vote of (5-2).
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Chairman Wright declared a recess until 7:00 p.m., at which time
Supervisor Clark moved that the agenda be amended in order to conduct the
public hearings. The motion was adopted by a vote of (5-0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Wright called for a public hearing on the following:
The application of Bibleway Mission Church, applicant, and Burdett C.
Edwards and Hazel C. Edwards, owners, for a Conditional Use Permit
to allow for religious assembly (church) on 6.41 acres of land located
off the east side of Scott's Factory Road (Rt. 620) approximately .4
mile from the intersection of Courthouse Highway (Rt. 258) in the
Hardy Election District.
Richard Rudnicki, Planner, presented the application. He advised that
the Planning Commission had recommended approval of the application with
the following conditions: 1) Development of the site should be generally
consistent with the concept plan dated 10-6-2010; 2) the Conditional Use
Permit is for religious assembly only; and, 3) the road shall be built to the
standards outlined in Section 3.2.4, Item A4 in the Subdivision Ordinance.
Chairman Wright called for persons to speak in favor of or in
opposition to the proposed application.
William Riddick, Attorney, advised that Reverend Parker owns the
parcel immediately adjacent to the property under discussion where he
intends to build his home. He stated that he intends to leave the vegetative
buffer from the highway and the intent is purely for religious assembly. He
stated that the application is consistent with the County's Comprehensive
Plan and that the applicant is happy to abide by the imposed conditions.
Pastor Parker of Bibleway Mission Church stated that the Church has
been in Smithfield since 1982 and done many things in the community. He
stated there are many members of the church present tonight in favor of the
application.
Chairman Wright closed the public hearing and called for comments
from the Board.
Supervisor Clark requested that the Director of Planning and Zoning
elaborate on the private access easement.
Beverly H. Walkup, Director of Planning and Zoning, advised that
there are two (2) other residential lots along the private easement, as well as
farmland. She stated that the issue is that it is located off of Route 620 and
generally the Board does not approve non-residential uses on a private lane.
She stated this is a lot that was previously created and would not have been
able to be created for this purpose under the current Subdivision Ordinance.
She stated that the Planning Commission has resolved the issues that staff
had with the conditions placed on the property to improve the private access
for safe entrance.
Supervisor Bunch advised that certain utilities will not go in a shared
easement with ingress/egress and this may be an obstacle that may need to be
overcome.
Ms. Walkup replied that should that be the case, additional rights for
easement will have to be purchased outside of the roadway.
Supervisor Hall moved that the application of Bibleway Mission
Church be approved with the following three (3) conditions stipulated by the
Planning Commission: 1.) Development of the site should be generally
consistent with the CUP site improvements concept plan dated 10/06/2010 as
determined during preliminary and final site plan approval; 2.) the CUP is for
religious assembly only; 3.) the road shall be built to standard as outlined in
Section 3.2.4, Item A.4 under Subdivision Family Member in the Subdivision
Ordinance. The motion was adopted by a vote of (5-0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the Board revert back to the regular
order of the agenda. The motion was adopted by a vote of (5-0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Wright called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, recommended that
the scope of work for the Route 258 improvements (UPC No. 58297) — west
oldie Westside Elementary School to Route 620 be reduced.
Supervisor Casteen moved that the Chairman be authorized to request
the Commonwealth Transportation Board representative to sponsor a reduced
scope of work for the Route 258 project (UPC No. 58297) utilizing primary
highway funding for right-of-way construction. The motion was adopted by
a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Wrightson reported that responsive to the finding of $37 million in
unobligated RSTP funds by the Hampton Roads Planning District
Commission (HRPDC) and the Hampton Roads Transportation Planning
Organization (HRTPO), the Technical Transportation Advisory Committee
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be recommending that $1.4 million be allocated to the County for right-
of-way and construction funding in FY2012-13.
Mr. Wrightson presented a Resolution of the Board of Supervisors of
Isle of Wight County requesting the Virginia Department of Transportation
to transfer Revenue Sharing funds from Lawrence Drive to the Revenue
Sharing project Broadwater Road for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO TRANSFER REVENUE SHARING FUNDS FROM
LAWRENCE DRIVE PROJECT UPC-76196 TO REVENUE SHARING
PROJECT BROADWATER ROAD/ ROUTE 6290, UPC 14994
WHEREAS, in Fiscal Years 2004-05, the County of Isle of Wight elected to
participate in the Virginia Department of Transportation Revenue Sharing
Program for UPC-76196, Lawrence Drive for a total of $489,858 ($244,929
County match and $244,929 State match), and in Fiscal Years 2007-08 for a total
of $500,000 ($250,000 County match and $250,000 State match); and
WHEREAS, project UPC-76196, Lawrence Drive is complete and there is a
balance of funds remaining; and
WHEREAS, the County of Isle of Wight would like to transfer remaining
funds from project UPC-76196, Lawrence Drive, totaling $721,734 to project UPC
14994, Broadwater Road/ Route 620; and,
NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County
Board of Supervisors requests that revenue sharing funds in the amount of
5721,734 ($360,867 county match and $360,867 state match) be transferred from
the Lawrence Drive project, UPC-76196 to the Broadwater Road/ Route 620
project, UPC 14994.
The motion was adopted by a vote of (5-0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Wrightson presented a Resolution requesting the Commonwealth
Transportation Board to designate Halltown Road, Ballard Road and Poor
House Road as Revenue Sharing projects and transfer residual Revenue
Sharing funds for the Board's consideration. He distributed an amended
resolution and recommended that the Board adopt it in the amended amount
ot $995,000.
Supervisor Casteen moved that the following Resolution be adopted as
amended in the amount of $995,000:
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A RESOLUTION TO REQUEST THE COMMONWEALTH
TRANSPORTATION BOARD TO DESIGNATE HALLTOWN ROAD/
ROUTE 683 (UPC #1976), BALLARD ROAD/ ROUTE 614 (UPC #9163)
AND POOR HOUSE ROAD/ ROUTE 692 (UPC #4707) AS REVENUE
SHARING PROJECTS AND TRANSFER RESIDUAL REVENUE
SHARING FUNDS
WHEREAS, Isle of Wight County elected to participate in the Virginia
Department of Transportation Revenue Sharing Program for Rural Rustic
Roads in FY 2003 -04 and FY 2005 -06; and
WHEREAS, there is residual, matched Revenue Sharing funds in the
total amount of amount of $995,564 (State match: $410,779 and $87,003;
Count) match: $410,779 and $87,003) allocated to Muddy Cross Drive (UPC
44139): and
WHEREAS, that total ($995,564) is available for use on other County
projects currently in the secondary six year program (SYIP); and
WHEREAS, Halltown Road/ Route 683 (UPC #1976) , Ballard Road/
Route 614 (UPC #9163) and Poor House Road/ Route 692 (UPC #4707) are
in the current SYIP as rural rustic paving projects; and
WHEREAS, Isle of Wight County requests the transfer of residual
funds of $995,564 from Muddy Cross Drive to projects Halltown Road/
Route 683 (UPC#1976), Ballard Road/ Route 614 (UPC #9163) and Poor
House Road/ Route 692 (UPC# 4707) in order to advance construction
advertisement dates;
NOW THEREFORE BE IT RESOLVED, that the Isle of Wight County
Board of Supervisors requests that residual Revenue Sharing funds, State and
County match, in the total amount of Four Hundred Thousand Dollars
($400,000) be transferred from the completed Muddy Cross Drive (UPC
#4139) project to the Halltown Road/ Route 683 (UPC#1976) project; and
residual Revenue Sharing funds, State and County match, in the total amount
of Five Hundred Thousand Dollars ($500,000) from completed Muddy Cross
Drive (UPC #4139) project to Ballard Road/ Route 614 (UPC #9163) project;
and residual Revenue Sharing funds, State and County match, in the total
amount of Ninety Five Thousand Five Hundred and Sixty Four Dollars
($95,564) from completed Muddy Cross Drive (UPC #4139) to the Poor
House Road/ Route 692 (UPC# 4707) project.
The motion was adopted by a vote of (5 -0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Wrightson notified the Board that staff has applied for Highway
Safety Improvement Funds in the amount of $500,000 to advance a sidewalk
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project within a mile radius of the Windsor Middle School; connect existing
sidewalks in the Town of Windsor; and, provide an alternative mode of
transportation for residents in neighboring residential communities. He
advised that VDOT anticipates providing a 10% match noting that he would
inform the Board upon receipt of the funds.
Mr. Wrightson recommended that a project engineer be hired to locally
administer future transportation projects.
Supervisor Casteen moved that the Director of General Services be
authorized to hire a part-time project engineer for 25-30 hours per week at a
rate up to $25 per hour. The motion was adopted by a vote of (5-0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark made reference to a letter received from Sue
Williamson who resides on Reynolds Drive. He requested staff to reiterate to
Mr. Lomax that the non-existent shoulder of that roadway presents a safety
hazard for motorists.
Chairman Wright called for Citizens Comments,
No one signed up on the register to speak.
Chairman Wright called for comments from the Board.
Supervisor Casteen notified the Board that he had attended the recent
Isle of Wight Volunteer Rescue Squad Banquet where 64 out of 100
members were awarded for volunteering a minimum of 24 hours each month
for 12 consecutive months. He advised that the Smithfield Volunteer Fire
Department addressed 545 calls last year and is the first responder for fire in
140 square miles of the 319 square miles that the County is made up of.
Supervisor Clark reported that he had conducted research relative to the
number of (3-2) votes taken by the Board. He advised that in 2010, the
Board took 574 votes, and of those, only 27 were less than unanimous,
making 96% of the time that the Board voted unanimously together and only
4% that the Board voted differently on an issue.
Chairman Wright called for the County Attorney's report.
Interim County Attorney Burton requested authorization to advertise an
Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Chapter 1. General Provisions. Section 1-7.
General Penalty for public hearing at the Board's March 3, 2011 meeting.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's March
3, 2011 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing an Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Chapter 16. Tylers Beach Boat
Harbor. Article 111. Use. Section 16-6. Landing or Dock at the Board's March
3, 2011 meeting.
Supervisor Hall moved that the County Attorney's office be authorized
to advertise the Ordinance for public hearing at the Board's March 3, 2011
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing an Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Chapter 11.2 Noises at the
Board's March 3, 2011 meeting.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's March
3, 2011 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing an agricultural lease between the County and Jones Farm,
Inc. at the Board's March 3, 2011 meeting.
Chairman Wright moved that the County Attorney's office be
authorized to advertise the Agricultural Lease for public hearing at the
Board's March 3, 2011 meeting. The motion was adopted by a vote of (5-0)
with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a tax refund to Keith A. &
Lily Hanley in the amount of $8,695.96. He advised that by ordinance, any
refunds over $2,500 requires the Board's approval.
Supervisor Clark moved that Interim County Attorney Burton be
authorized to sign the request approving a refund in the amount of $8,695.96.
The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton presented a tax refund to Raymond
Leasing Corporation for the Board's approval.
Supervisor Clark moved that the County Attorney be authorized to sign
the request approving a refund in the amount of $26,100.02. The motion was
adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Interim County Attorney Burton requested that the Board authorize the
Chairman to execute the water system purchase agreement with Central
Water Systems, Inc. on behalf of the Board.
Supervisor Clark moved that the Chairman be authorized to execute the
Agreement on behalf of the Board. The motion was adopted by a vote of (5-
0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested the Chairman be authorized
to execute the master customer agreement for Enhanced 911
System/microDATA GIS, Inc. on behalf of the Board.
Supervisor Casteen moved that the Chairman be authorized to execute
the Agreement on behalf of the Board. The motion was adopted by a vote of
(5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a Resolution to Appropriate
Funds from the Unappropriated Fund Balance for Professional Services
\A hich he recommended the Board adopt.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR
PROFESSIONAL SERVICES
WHEREAS, Isle of Wight County has experienced an increased need
in obtaining professional services; and,
WHEREAS, that increased need has resulted in unanticipated
expenses; and,
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WHEREAS, funds in the amount of eighty-five thousand dollars
($85,000.00) needs to be appropriated from the Unappropriated Fund
Balance to the FY2010-11 County Attorney's Budget for Professional
Services.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that eighty-five thousand dollars
(S85,000.00) be appropriated from the Unappropriated Fund Balance to the
1 County Attorney's Budget for Professional Services.
BE 1T FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment 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 Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
With respect to a proposed sale agreement for four (4) parcels of the
Sentara property to the Town of Smithfield, Interim County Attorney Burton
advised that he would be requesting the Board later in the meeting to
authorize a public hearing on March 3, 2011.
Interim County Attorney Burton presented an agreement to allow the
Town of Smithfield permission to enter and have possession of the Sentara
property before closing in order to conduct certain engineering studies.
Supervisor Clark moved that the Possession Agreement between the
County and the Town of Smithfield be approved in order for the Town of
Smithfield to proceed with conducting certain engineering studies on the
Sentara property. The motion was adopted by a vote of (5-0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
for public hearing at the Board's March 3, 2011 meeting the sale of four (4)
parcels of the Sentara property to the Town of Smithfield.
Chairman Wright moved to authorize the County Attorney's office to
advertise the matter for public hearing at the Board's March 3, 2011 meeting.
The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, I-hill and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton advised that he had ten (10) matters to
discuss with the Board later in closed meeting.
15
Chairman Wright called for the Community Development report.
Matthew Smolnik, Principal Planner, presented for the Board's
information proposed amendments to Section 7-1004, General Site Design
Standards and Section 8-1008, Landscaping Credits Table of the County's
toning Ordinance, as recommended by the Small Business Committee. He
requested the Board's feedback relative to enforcement of Section 9-1004,
Temporary Signs.
Supervisor Clark requested that staff report back to the Board regarding
the recommendations of the Small Business Committee and that there be a
phase in grace period of 60-90 days.
Beverly H. Walkup, Director of Planning and Zoning, requested
authorization of a grant in the amount of $5,000 from the Virginia
Department of Conversation and Recreation (DCR) to provide septic tank
pump-out assistance to low and moderate income (LMI) households in the
Chesapeake Bay region of the County. She advised that the maximum
assistance provided to each household is $250. She advised that this program
is mandated by the State and requires individual septic tanks located within
the Chesapeake Bay region in the County to be pumped every five (5) years.
She stated that the program was first implemented in the County in 2008
beginning with the Smithfield election district and the program expanded to
the Windsor and Carrsville election districts in 2009 and 2010. She stated
that the project will expand to the Hardy and Newport election districts in
2011 and 2012.
Supervisor Casteen moved that the County Administrator be authorized
to execute and submit the application for the DCR Chesapeake Bay
Implementation Grant for the 2010-11 round. The motion was adopted by a
vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Chairman Wright called for the General Services report.
Frank Haltom, Assistant Director of General Services, presented a
scope of services and fee schedule by Timmons Group with respect to
sanitary sewer system improvements. He stated the cost will not exceed
$100,000 and sufficient funds are in the current year Capital Improvements
Plan.
Supervisor Clark moved that the County Administrator be authorized to
execute the Scope of Services and Fee Schedule with Timmons Group. The
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motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Flail and Wright voting in favor of the motion and no Supervisors
oting against the motion.
Mr. Haltom advised that staff has determined that the County does
meet the requirements set forth by the Environmental Protection Agency
(EPA) and the Department of Conservation and Recreation (DCR) with
respect to the Chesapeake Bay Total Maximum Daily Load. He further
advised that the staff has developed two (2) year milestones, which will be
reviewed by the EPA and DCR.
Mr. Wrightson advised that the proposed connection fee for the
Cannon Acres water system is $750 per connection, of which there are 60
customers. He further advised that the standard connection fee is $4,000 per
unit. 1-le stated that there are 11 residents on Cannon Drive that were not on
the well system and had their own private wells and staff would like to
extend the $750 connection charge to those residents for a period of time in
an attempt to get them to connect to County water.
Supervisor Clark moved that staff be authorized to notify the existing
and potential Cannon Acres customers of the water system sale and the $750
tap fee requirement and further authorize the Treasurer's office to offer tap
fee payment options consistent with their policy. The motion was adopted by
a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Mr. Wrightson advised that the County closed on the purchase of the
former Sentara building in December of 2010 and staff has been working in
conjunction with Health Department staff in order to improve the building for
its use.
Supervisor Casteen moved that the County Administrator be authorized
to enter into a contract with Powell Management to perform an evaluation of
the former Sentara building as described in the proposal. The motion was
adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Wright called for the County Administrator's report.
Supervisor Clark advised that the Carrollton Civic Association desires
to have a historic marker at Nike Park and he has agreed to donate the
compensation that he receives as Vice-Chairman of the Board in the amount
of $1,237 to be used towards the purchase of a historic marker.
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Supervisor Clark moved that the Board allow $1,237 to be transferred
from his compensation as a Vice-Chairman of the Board to be used towards
the purchase of an historic marker. The motion was adopted by a vote of (5-
0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, addressed the Board regarding the proposed plan renewal
for County health and dental insurance. He advised that Anthem has
provided proposed rates for the corning year beginning on March 1, 2011
based on claims paid out last year which contains an increase in excess of
40%. He advised that responsive to discussions with staff, Anthem has
submitted proposed rates with an increase of 30.3%. He advised that the
graph contained in the agenda represents the County's annual increases and
includes a 9.1 % average increase over the course of time. He noted that in
2007, the County did not have an increase and last year's rate increased by
only 1.1%. He stated that the renewal of the Anthem health and dental
insurance plan as outlined and proposed would equal approximately
$463,000 to the County's benefits line item over the next 12 months. He
stated that staff is recommending that the Board adopted the proposed
Anthem renewal plan and also authorize staff to immediately issue an RFP to
solicit an insurance professional broker so that the County's insurance plan
can be reviewed and determine whether the County is getting the rates
possible for staff.
Steven J. Korahaes, District Manager, Anthem Blue Cross Blue Shield,
addressed the Board responsive to Anthem's proposed rate increase noting
that the County's total claims cost this year increased by 68%. He advised
that Anthem paid out more in claims last year than it received in premiums
from the County.
Chairman Wright moved that the current plan be renewed; that the
issuance of an RFP be authorized for an insurance professional broker to be
back on March 15, 2011; and, that the Board conduct a special meeting on
March 24, 2011 at 5:00 in the Robert C. Claud, Sr. Board Room to discuss
the RFP and take action on the insurance. The motion was adopted by a vote
of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Clark requested County Administrator Caskey to include
any appropriate special presentations on the agenda for the above special
meeti ng.
The Anthem representative was requested to provide a three/four-year
claim history for the County.
Sheriff Phelps requested permission to fill immediately the Deputy
position which became vacant on October 1, 2010 which could have been
I 8
filled on January 1, 2011 which he would like authorization to fill
immediately with a certified individual. He further advised that the Board
authorized him in September 2010 to fill five (5) positions at that time, which
he did, but those individuals had to undergo training at the Academy and four
(4) will graduate in May of 2011 and one (1) individual had failed out of the
of December and he would like to employ an individual to fill the vacancy on
March 14, 2011. He advised that another position became vacant on
December 31, 2010 which he would like to fill on April 1, 2011 and he
would like to increase his part-time staff by one (1) individual due to needed
security at the new Courts building. He advised that he is currently utilizing
School Resources Officers on a day-by-day basis in order to maintain
securit) at the Court facility.
Supervisor Casteen moved that the Sheriff be authorized to fill one (1)
full-time position immediately; fill two (2) Deputy positions on March 16,
2011 and April 1, 2011; and, increase part-time staff by one (1) due to
security at the new Courts facility. The motion was adopted by a vote of (5-
0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
County Administrator Caskey presented a request from the Windsor
Town Manager responsive to the Town Council's action to request the Board
of Supervisors support the Town's endeavor to establish a photo red camera
system with the Town of Windsor at the six-way intersection of Route 460,
Church Street, Bank Street and Court Street.
Chairman Wright requested County Administrator Caskey to find out if
the County and the Town of Windsor need to adopt an ordinance.
County Administrator Caskey addressed the Board regarding the need
for a follow-up meeting with Dr. Michael Chandler of the Board's Strategic
Planning Retreat in early to mid-March.
Chairman Wright requested County Administrator Caskey to contact
Dr. Chandler with respect to available dates to conduct a follow-up meeting.
County Administrator Caskey presented for the Board's consideration a
Resolution to Oppose Tolls on the James River Bridge.
Supervisor Clark moved to support the Patriots Crossing option which
does not include tolls on the James River Bridge. The resolution contained in
the agenda is to be amended and signed by the Chairman. The motion was
adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Mr. Robertson briefed the Board relative to House Bill 2498 which
\Noulcl allow the County to be the recipient of surplus property now owned by
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VDOT on Burdette Road. He recommended that an environmental
assessment be conducted prior to taking ownership of the property.
Mr. Robertson briefed the Board regarding House Bill 2131 and Senate
13i11 779 which would allow the joint Enterprise Zone currently in Franklin
and Southampton County to be expanded to include the County. He advised
that both Bills have received unanimous vote at every committee meeting.
1-le advised that the language contained in the Bill states that the joint
Enterprise Zone must be contiguous at some point to the Enterprise Zone
created in the County. He advised that the language that created the City of
Franklin denotes the boundary of Franklin as being at the shoreline, whereas
the actual boundary of Southampton County is in the middle of the
Blackwater River. He stated that there is a band of Southampton County that
completely covers the area that the County wants to touch as it relates to
Franklin to create the contiguous Enterprise Zone. He advised that staff has
contacted the State regarding a solution and the State's initial
recommendation is to continue to proceed with the legislation and staff
negotiate a resolution with Franklin and Southampton.
County Administrator Caskey relayed the School Board's desire to
conduct a Town Hall meeting in conjunction with the Board of Supervisors.
Chairman Wright moved that the Board conduct a Town Hall Meeting
with the School Board on Tuesday, April 12, 2011 at 6:00 p.m. at the
Windsor Elementary School. The motion was adopted by a vote of (5-0)
with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of
the motion and 110 Supervisors voting against the motion.
it
Chairman Wright called for Appointments.
Supervisor Casteen moved that Allan Hanrahan be appointed to replace
Herb DeGroft on the Senior Services of Southeastern Virginia. The motion
was adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Clark moved that Kurt G. Frischmann be appointed to serve
on the Planning Commission representing the Newport District and replacing
Barbara Easter. The motion was adopted by a vote of (5-0) with Supervisors
Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that James A. Minton, Jr. be reappointed to
serve on the Planning Commission representing the Smithfield District. The
motion was adopted by a vote of (3-2) with Supervisors Bunch, Casteen and
20
I fall voting in favor of the motion and Supervisors Wright and Clark voting
against the motion.
Supervisor Hall moved that James R. Ford be reappointed to serve on
the Bicycle & Pedestrian Facilities Committee representing the Hardy
District. The motion was adopted by a vote of (5-0) with Supervisors Bunch,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Hall moved that Chicora (Pinky) Hipp be appointed as the
third At-Large member on the Redistricting Committee for the 2010 Census.
The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Wright moved that Richard J. Holland, Jr. be reappointed to
the Industrial Development Authority. The motion was adopted by a vote of
(5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Super\ isor Clark moved that Phillip Bradshaw be appointed to serve on
the Southern Development Committee. The motion was adopted by a vote of
(5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Clark offered a motion that Russell J. Parrish be
reappointed to serve on the Historical Architectural Review Committee
representing the Newport District; however, no official vote was taken.
Chairman Wright moved that Supervisor Casteen be appointed to serve
on the Fair Committee, replacing Phillip Bradshaw. The motion was adopted
by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Wright called for Old Business.
Chairman Wright moved that County Administrator Caskey be directed
to poll the Towns of Smithfield and Windsor regarding how much water they
may have available; to inquire if the Town of Smithfield would be willing to
negotiate on return (RO water discharge) with the County and if the Town of
Windsor would be willing to negotiate raw water; and, to inquire how much
grey water is available at the Franklin and Southampton pumping stations.
The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Supervisor Clark moved that County Administrator Caskey, through
the Director of Emergency Services, be directed to prepare quarterly reports
(station by station) to the Board in the Consent Agenda outlining any and all
concerns he has with emergency services, i.e., response times, County issues.
The motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that County Administrator Caskey direct his
staff below the Director level to redirect any and all Supervisor contacts,
requests for information, whether in person, by letter, or over the phone, to
his/her Director or the County Administrator for further action. The motion
was adopted by a vote of (4-1) with Supervisors Bunch, Clark, Hall and
Wright voting in favor of the motion and Supervisors Casteen voting against
the motion.
Supervisor Bunch moved that County Administrator Caskey and staff
be directed to contact the School system and request a presentation at the
Board's April 7, 2011 meeting on the success and status of the partnership
that was approved by the Board and the School Board last August on the
Parks and Recreation Before and After-School Program at the Carrsville
Elementary School. The motion was adopted by a vote of (5-0) with
Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
/I
Chairman Wright called for New Business.
There was no new business offered for discussion by the Board.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2-3711.A.3 of the Freedom of Information Act concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to the acquisition of real property in the Windsor Magisterial
District; under Section 2.2-3711.A.3 concerning consultation with legal
counsel requiring the provision of legal advice pertaining to the acquisition
of real property in the Windsor Magisterial District; under Section 2.2-
3711,A.7 concerning consultation with legal counsel requiring the provision
of legal advice pertaining to actual litigation; under Section 2.2-3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to probable litigation; under Section 2.2-3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to probable litigation; under Section 2.2-3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to Charter Communications; under Section 2.2-3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to actual litigation; under Section 2.2-3711.A.3 concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to the acquisition of real property in the Windsor Magisterial
District; under Section 2.2-3711.A.7 concerning consultation with legal
counsel requiring the provision of legal advice pertaining to a specific
economic development project in the Windsor Magisterial District; and,
under Section 2.2-3711.A.7 concerning consultation with legal counsel
requiring the provision of legal advice pertaining to C&P Water.
Chairman Wright moved that the Board enter the closed meeting for
the reasons stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5-0) with Supervisors Bunch, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Casteen moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bunch, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Wright moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bunch, Casteen, Clark, Hall and Wright
NAYS: 0
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
No action was taken following the closed meeting.
Supervisor Clark advised that he had spoken with the Attorney for the
City of Norfolk and asked if he would be interested in taking to his Board
that the Board of Supervisors wishes to renegotiate the water deal, to which
he replied no.
At 10:25 p.m., Supervisor Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Bunch, Clark, Casteen, Hall and Wright voting in f. • of the motion and no
Supervisors voting against the motion.
omas J. ti
Carey MI Is Storm, Clerk
4
Chairman