08-07-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF AUGUST IN THE
YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr., Vice-Chairman
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Austin Hardison called the meeting to order at 4:00 p.m.
//
C. J. Hardison delivered the invocation.
//
The Pledge of Allegiance was conducted.
//
Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under Old Business, add a Deed of Bargain and Sale for the
Robinson property; under the County Attorney?s Report, add a refund to
Jeb?s Market; under the Consent Agenda, defer item ?P?, pursuant to a
request by the property owner pertaining to Lawnes Point; under New
Business, add a Resolution in Recognition of the Passing of Allen Bradby,
Sr.; under Old Business, defer items ?E? and ?F?, pursuant to a request by
the property owner pertaining to CDA guidelines and a Walmart Conditional
Use Permit, add a Deed of Bargain and Sale and Real Estate Purchase
Contract for the Johnson property in Zuni; under Old Business, add a sales
contract between the County and HRFT, Inc.; under the County Attorney?s
Report, add an Ordinance to Amend Chapter 16, Tyler?s Beach Boat Harbor,
Abandoned Property; under New Business, add consideration of naming the
Road ?A? extension at the Shirley T. Holland Commerce Park as ?William
Gwaltney Way? per the request of Supervisor Wright; under the County
Attorney?s Report, add two additional Closed Meeting items; and, under the
County Attorney?s Report, add consideration of changing the September 18,
2008 Board of Supervisors? Meeting to another date and the establishment
of a special meeting for the ribbon cutting for the Fairgrounds.
1
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Special Presentations/Appearances.
Chairman Clark recognized Mrs. Paul O?Berry and presented her with
a resolution recognizing the efforts of her late husband.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF PAUL O?BERRY
WHEREAS,Paul O?Berryhas served the community with dedicated
service to the Isle of Wight County Fair for fourteen years; and,
WHEREAS,during this time has performed a variety of roles
including Publicity Chairman and holding the position of Secretary of the
Fair Committee.
WHEREAS,it should also be noted that Mr. O?Berry was actively
involved in planning the Fair until his death April 7, 2008. He is survived by
his wife Sharon who supported his efforts, and also gave many hours of her
time by supporting her husband?s commitment.
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 gratitude and recognition of the dedicated service and leadership
of Mr. O?Berry.
BE IT FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF AUDREY KRAEMER
2
WHEREAS,Audrey Kraemerhas served the community with
dedicated service to the Isle of Wight County Fair for fourteen years; and,
WHEREAS,during this time has performed a variety of roles
including Arts and Crafts Chairperson, Non-Profit Chairperson, and
Commercial Tent Chairperson.
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 gratitude and recognition of the dedicated service and leadership
of Mrs. Kraemer.
BE IT FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
The above Resolution is to be forwarded to Mrs. Kraemer in her
absence today.
Commander R. G. Catoire, United States Navy, addressed the Board
on the Outlying Landing Field siting issue.
Carl Shaeffer, Eperitus, presented the findings of the Isle of Wight
County Schools Demographic Study to the Board.
Gina R. Ippolito, Recreation Administrator, formally introduced
LaTanya Turner, the County?s new Recreation Manager.
//
Chairman Clark called for Regional Reports.
Supervisor Brown advised that Rowland L. Taylor, the former City
Manager of Franklin, has been hired as the new Chief Executive Officer of
the Southeastern Public Service Authority. He advised that Don Williams
was appointed as the new Chairman and Ray Smith was appointed as the
Vice-Chairman of the SPSA Board of Directors.
Supervisor Bradshaw advised that The Tidewater News had recently
reported that SPSA had recommended that Mr. Wrenn remain on the
Council. He commented that he did not believe it was appropriate for any
regional authority to send a letter to any local government with respect to
how that government should be making its political decisions. He stated
that Mr. Leroy Bennett, SPSA Board Chairman, had acted on his own
accord when he had sent out the letter to the Cities of Franklin or
3
Portsmouth requesting that certain individuals remain on their respective
Councils and that a review of the SPSA minutes had not revealed a motion
directing him to send such a letter.
Supervisor Brown notified the Board that SPSA had only received one
(1) response to its proposal for the sale of the waste-to-energy plant and that
SPSA did not wish to reveal the respondent because it could jeopardize the
sale of the plant.
Supervisor Bradshaw reported that he and Supervisor Wright had met
with representatives of the City of Franklin regarding wastewater issues, but
that no elected officials from the City of Franklin had attended and that the
meeting had been conducted by that City?s legal counsel. He advised that
both he and Supervisor Wright had expressed that they were uncomfortable
with participating in such a meeting conducted by an attorney without the
County?s attorney also being present. He advised that County Administrator
Caskey had been requested to send a letter to the former Franklin City
Manager, Rowland Taylor, stating their position and, in response, staff had
received a letter from the City of Franklin?s legal counsel stating the position
of the meeting. He requested that County Administrator Caskey provide
copies of both letters to the Board so that it is kept apprised.
Supervisor Bradshaw advised he had met with the City of Franklin and
Southampton County officials to discuss the possibility of a Franklin Airport
regional authority. He advised that County Administrator Caskey has
additional information concerning this matter and that he is anticipating the
City of Franklin to schedule the next meeting.
Supervisor Bradshaw reported that he and Supervisor Wright, as
members of the Windsor Intergovernmental Relations Committee, had met
with representatives from the Town of Windsor relative to the Windsor
Development Service District, its impact and the intermodal park. He noted
that discussions will continue in that regard and that additional staff would
be brought in to assist with planning purposes for the Town of Windsor. He
noted that County staff will be needed in the future to work with the Town
of Windsor relative to the County?s plans for the intermodal park.
//
Chairman Clark called for Transportation Matters.
Ms. Mazur was directed to mail copies of updated or omitted items to
the Transportation Report to the Board members.
Ms. Mazur advised Chairman Clark that the resolution pertaining to
Yellow Rock Road, adopted by the Board at its July 1, 2008 meeting, has
been forwarded to MacFarland Neblett, VDOT Residency Administrator.
4
She advised that a survey now needs to be conducted and any utilities
identified.
Mr. Neblett responded that once the survey is conducted (within the
next two (2) weeks) and all utilities are identified, VDOT will proceed with
assigning a route number (within 30 days) for maintenance. He noted this
should be accomplished by the first of November 2008.
Regarding funding for the survey, Supervisor Bradshaw recommended
that Ms. Mazur meet with the Director of Budget and Finance and that an
appropriate resolution be presented to the Board at a later date.
Mr. Neblett advised that he anticipates having a report on Zuni for the
Board the first part of next week.
Mr. Neblett advised Supervisor Brown that the survey work has been
conducted and the preliminary engineering design has been developed for
Owen?s Estates. He confirmed that the project will not have to be put into
the Six-Year Secondary Road Plan.
Supervisor Brown offered to contact Mr. Neblett to ascertain a
mutually agreeable date for meeting at the site.
Mr. Neblett advised Supervisor Casteen that he is reviewing the
possibility of obtaining highway safety funding for the right-turn lane at the
Route 10 Bypass at Main Street in Smithfield.
Supervisor Casteen advised that he had sent an email to Mr. Neblett
suggesting that the left-turn lane be addressed at the same time as the right-
turn lane. He advised that he had also passed along a request made to him at
a recent Smithfield Town Council meeting that re-stripping of the area on
Main Street heading towards the Bypass be considered.
Supervisor Casteen moved that Mr. Neblett be requested to include
consideration of the left-hand lane at the same time as the right-turn lane is
addressed. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that VDOT provide the Board with a
monthly financial report depicting the maintenance expenditures budget
amount as compared to the actual cost expended. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Ed Easter of 12224 Hideaway Lane offered to pay at least 50% of the
survey cost associated with Yellow Rock Road.
5
Arthur DeGroft addressed the elimination of the Chuckatuck Bridge
from the State formula stating that 25% of the region?s bridges are in need
of repairs. He advised that 84 bridges are located in the County and 33
bridges are considered structurally deficient and functionally obsolete.
//
Chairman Clark called for Citizens Comments.
Joseph King of 905 Chesapeake Avenue in Hampton addressed the
Board regarding certain problems that have occurred in association with his
property known as Carrollton Auto Parts.
Mary Connell, Isle of Wight County Humane Society, submitted the
Society?s comments and recommendations for inclusion in the County?s
proposed Feral Cat Ordinance.
Tom Griffin of 201 North Church Street notified the Board of his
duties associated with the management of an existing cat colony.
Grace Keen, Isle of Wight Citizens Association, notified the Board
that the Association will be sponsoring an open forum on the problems
confronting Town and County governments on Monday, August 11, 2008 at
7:00 p.m. at the Carrollton Elementary School. She invited the Board
members to attend and advised that the Towns of Smithfield and Windsor
have also been invited. She further extended an invitation for the Board to
attend a meeting sponsored by the Association on Monday, September 8,
2008 at 7:00 p.m. at The Smithfield Center concerning County government.
She advised that the guest speaker would be James Campbell, Executive
Director of VACo. She advised that a dinner for Mr. Campbell will be held
at 5:30 p.m. at Smithfield Station. Finally, she advised that the Association
th
will be celebrating its 30 anniversary following the meeting and she invited
the Board to attend that, as well.
Dean Deprenzio of 112 Lands End Lane in Carrollton expressed
concern about the proposed apartments to be built on Route 17 by the
Breeden Company citing concerns with transportation due to a proposed
right-turn lane into Whippingham Lane. She advised that stormwater is
suppose to be directed from the other side of the road to her area and that
she currently has standing water in her yard and mold on her fence. She
stated that her community is not in favor of workforce apartments because of
the additional children it will bring into the County?s school system; the
additional traffic on Route 17; transportation safety problems associated
with the routing of traffic across to Whippingham back to the James River
Bridge; and, that motorists will find it difficult to cross two (2) lanes of
traffic in order to get to the turn lane for the James River Bridge with only a
right-hand turn lane and no traffic light.
6
Chairman Clark requested that the Clerk provide the Director of
Planning and Zoning with a copy of Ms. Deprenzio?s comments.
Arthur L. DeGroft of 17262 Woodland Drive advised that 33 of 84
bridges located in the County are considered deficient. He proposed the
implementation of a four (4) day work week for County employees would
reduce carbon emissions, resulting in a 20% savings, which could then be
designated solely to transportation needs and act as a natural increase in
commerce and retail sales. He stated stress levels and carbon emissions
would be immediately reduced while providing the much needed dollars for
our national and statewide transportation needs.
Mr. DeGroft spoke in favor of funding for the Western Tidewater Free
Clinic which will be needed in less than eight (8) months. He recommended
that the money saved from implementing a four (4) day work week also be
used for such a facility.
Dr. Gail Furman, 22534 James River Drive in Carrollton and a
member of the Isle of Wight County Humane Society, requested that any fee
be deleted in the proposed Feral Cat Ordinance: that would be charged to
caretakers that apply for this designation and that ?it shall be unlawful to
feed a cat? be deleted and replaced with ?unlawful to maintain a feral cat
colony unless the caregiver has applied for the caregiver designation?.
Chairman Clark moved that the County Attorney?s office make contact
with Dr. Furman relative to her suggested changes to the proposed
Ordinance so that her concerns can be addressed at the Board?s September
16, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Sadie Boyer of the Newport District, on behalf of the Isle of Wight
Citizens Association, advised the Board that the Association feels that the
request by Henry Morgan and others to continue the petition for the creation
of the Benns Grant Community Development Authority (CDA) to
November, 2008 should be denied and not deferred because Benns Grant, if
and when presented again, is sure to be different than the original project.
She recommended that research be conducted relative to how other
communities have been greatly mistaken in thinking that CDAs were a
positive thing. She advised that the Association also requested her to
express its concern with the proffers, workforce housing rental range and
traffic associated with the proposed Bridge Point Commons Development.
She advised that the Association agrees that the developer?s proposal
warrants another public hearing due to the size of the development and the
number of changes. She stated that not sending the project back to the
Planning Commission denies the citizens the right to have the Planning
Commission exercise its responsibility to the citizens and cuts in half the
7
number of times in front of a governing body that citizens have to express
their opinions concerning this development.
Delores Darden of 16249 Bowling Green Road addressed the Board
on the issue of the Benns Grant Community Development Authority (CDA)
and the problems associated with this type of creative financing. She
suggested that the County learn from other surrounding counties? mistakes
and successes. She stated that she did not believe a CDA is a good tool for
the County?s development and she urged the Board to deny the Conditional
Use Permit for Walmart.
Teresa Quinn of 105 Liberty Way in Carrollton noted her objection to
extending the Community Development Authority to Messrs. Morgan and
Turner because she believes they have had ample time to come up with a
viable solution. She noted that granting an extension is unfair to other
builders using traditional financing who are currently building in the
County.
//
Chairman Clark moved that the Board take a recess. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Clark moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
//
Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton requested the Board?s authorization
to change the September 18, 2008 meeting date noting that it conflicts with
the opening of the Fair.
Supervisor Casteen moved to change the September 18, 2008 meeting,
th
due to a conflict with the opening of the County Fair, to September 16 at
6:00 p.m. with public hearings to be held at 7:00 p.m. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Interim County Attorney Burton advised that staff has suggested that
the Board conduct a ribbon cutting ceremony at the Fairgrounds prior to its
regular meeting on September 4, 2008.
8
Supervisor Casteen moved that the Board hold a special meeting at
2:30 on September 4, 2008 prior to the 4:00 p.m. regular meeting for the
purpose of conducting a ribbon cutting at the Fairgrounds. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Interim County Attorney requested the Board?s authorization to
advertise An Ordinance to Amend Chapter 16, Tyler?s Beach Boat Harbor,
Abandoned Property for public hearing at the Board?s September 16, 2008
meeting.
Chairman Clark moved that the Board authorize the County Attorney?s
office to advertise the Ordinance for public hearing at the Board?s
September 16, 2008 meeting. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested that the Board approve a
tax refund to Jeb?s Market in the amount of $11,626.31.
Supervisor Bradshaw moved that the Interim County Attorney be
authorized to approve the tax refund to Jeb?s Market in the amount of
$11,626.31. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Interim County Attorney Burton requested the Board?s authorization
to advertise a public hearing on Chapter 12.1 Public Parks and Recreation
Facilities at the Board?s September 16, 2008 meeting.
Chairman Clark moved that the County Attorney?s office be
authorized to advertise the proposed Ordinance for public hearing at the
Board?s September 16, 2008 meeting. The motion was adopted by a vote of
(5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
Chapter 8 Garbage, Weeds and Litter/Article IV Load Covering and
Transportation of Litter/Section 8-12 Penalties for public hearing at the
Board?s September 16, 2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the proposed amendments for public hearing at
the Board?s September 16, 2008 meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
9
Interim County Attorney Burton requested authorization to advertise
Chapter 7 Fire Protection/Article II Fireworks and Article III Open Burning
for public hearing at the Board?s September 16, 2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the proposed amendments for public hearing at
the Board?s September 16, 2008 meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
Chapter 12 Offenses/Section 12-11 Hunting Near Public Schools or Parks
Prohibited for public hearing at the Board?s September 16, 2008 meeting.
Supervisor Casteen moved that the Board authorize the County
Attorney?s office to advertise the proposed amendments for public hearing at
the Board?s September 16, 2008 meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise
the Fifth Amendment of the Agricultural Lease Agreement with Matthew J.
Johnson to the agricultural lease for public hearing at the Board?s September
16, 2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the Fifth Amendment of the Agricultural Lease
Agreement with Matthew J. Johnson to the agricultural lease for public
hearing at the Board?s September 16, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Interim County Attorney Burton requested that the Board approve a
tax refund to Anna?s Ristorante, Inc.
Chairman Clark moved that the Interim County Attorney be authorized
to approve the tax refund in the amount of $3,883.06 for an over payment of
the tangible personal property taxes for the tax years 2007, 2006 and 2005
due to Anna?s Ristorante, Inc. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a proposed Agreement
Addendum with Powell Management Associates for the new Courts building
for a traffic impact analysis.
10
Supervisor Wright moved that the Chairman be authorized to execute
the Agreement Addendum from Powell Management Associates for the new
Courts building on behalf of the Board. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney advised that Big Sky Properties filed a Notice
of Claim, which he recommends the Board deny.
Chairman Clark moved that the claim of Big Sky Properties be denied.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton advised that he had six (6) matters to
discuss with the Board later during the Closed Meeting.
//
Chairman Clark called for the Parks and Recreation report.
Mark W. Furlo, Park Administrator, presented a Memorandum of
Understanding between the Board and the Isle of Wight Amateur Athletics,
Inc.
Supervisor Bradshaw moved that the Board approve the Memorandum
of Understanding between IWAA and the County. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution to Accept and Appropriate $20,000 in a Donation from the Isle
of Wight Athletics Association:
RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY
THOUSAND DOLLARS IN A DONATION FROM THE ISLE OF WIGHT
AMATEUR ATHLETICS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a donation from the Isle of Wight Amateur Athletics,
Inc. to assist in the cost of replacement of the skateboard ramps at Nike
Park; and,
WHEREAS, the funds in the total amount of twenty thousand dollars
($20,000) need to be accepted and appropriated to the appropriate line items
in the FY 2008-09 General Operating Budget of the County of Isle of Wight.
11
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that twenty
thousand dollars ($20,000) be accepted and appropriated to the appropriate
line items of the FY 2008-09 General Operating Budget of the County of
Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for the General Services report.
Ms. Mazur presented a Memorandum of Agreement between the
Town of Smithfield and Isle of Wight County with the understanding that
the Town will administer their own Erosion and Sediment Control Program.
Supervisor Wright moved that the Board approve the Memorandum of
Agreement between the Town of Smithfield and the County relative to the
administration of an Erosion and Sediment Control Program. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Ms. Mazur presented a construction contract for additional soccer
fields at Nike Park, which he recommended that the Board approve.
Chairman Clark moved that the Board approve the contract contingent
upon review by the County Attorney?s office and the successful elapse of the
standard ten (10) day waiting period of the ?Intent to Award?. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Ms. Mazur advised that the construction project at the Joel C.
Bradshaw Fairgrounds is 98% complete. She advised that landscaping and
electrical work is being finalized. She advised that 15 acres needs to be
reseeded at an estimated additional cost of $42,000. She advised that staff
has identified $22,000 remaining in the project budget. She advised that
staff recommends using the remaining funds in the budget to seed the
remaining areas, which will be 8-9 acres of land.
12
Supervisor Bradshaw noted that he is not in favor of spending any
additional funds for grass reseeding.
Supervisor Wright moved that the reseeding and soding is not to
exceed $20,000. The motion was adopted by a vote of (4-1) with
Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion
and Supervisor Bradshaw voting against the motion.
Ms. DeVary offered to provide a reconciliation of the expenditures to
the Board at its August 21, 2008 meeting.
Mr. Furlo briefed the Board on the various events that will occur in
conjunction with the County Fair.
Judy H. Winslow, Director of Tourism, briefed the Board on
advertising efforts related to the County Fair, which includes a contract with
the Addison Group.
Gina T. Ippolito, Recreation Administrator, addressed the issue of
sponsorships related to the Fair, which have been slower this year than
anticipated.
//
At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
//
Chairman Clark called for a public hearing on the following:
The application of Dorothy G. Gwaltney, owner, and Highland Sports
LLC, applicant, for a Conditional Use Permit to allow a private, non-
commercial, clay target outdoor shooting range on approximately ten
(10) acres of land located on the east side of Orbit Road (Route 637)
in the Windsor Election District.
Mathew Smolnik, Planner, introduced the application. He advised that
following the distribution of the Board packets, the applicant distributed an
environmental noise monitoring report dated August 5, 2008; a site
assessment dated August 6, 2008; and, an aerial view of the proposed
shooting boundaries on the property. He noted that copies of same had been
placed at the Board members seats prior to the meeting for review. He
advised that the Planning Commission, at its June 24, 2008 meeting,
13
recommended approval of the application by a vote of (7-1) with Conditions
#9 and #10 as outlined in the staff report.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Billy Gwaltney, 23489 Deer Path Trail, requested the Board to
approve his application, noting that it meets all the County?s requirements
for a private shooting range and that it will not be open to the public.
Jim Thornhill, McQuire Woods, on behalf of the applicant, advised
that the shooting range is limited to four (4) hours per day, three (3) days a
week with no shooting before 10:00 a.m. and no shooting on Sundays or
holidays. He advised that Highland Sports has attempted to eliminate a
concern raised by Big Sky Properties that shots could enter that property to
the east by orienting the shooting away from Big Sky Properties. He
advised that a noise survey by Highland Sports has been completed, as well
as a site assessment, which has determined that there is not a reasonable
likelihood that surface or ground water would become contaminated by the
use of this site as a shooting range.
Jay Wood, 15173 Bowling Green Road, spoke on behalf of the
applicant. He spoke in favor of the County remaining a rural community, of
which shooting is associated with the farming industry. He stated if a
shooting range is not suitable for this area, then there is no suitable area in
the County. He noted that there are only 15 homes located in this area and
only two (2) homes that are relatively close. He stated there is no chance
that this small shot size would endanger these homes. He stated that the
environmental impact does bother him to some extent. He stated that the
Airfield Shooting Club, of which he is a member, is in conjunction with the
4-H Center in Wakefield which has a high-powered pistol range and a skeet
range and which is located only 3/10 of a mile from the 4-H Center and no
one seems to be concerned about the noise. He stated that Oceana has had a
skeet range for many years and they shoot six (6) days a week and the Navy
has never had a problem with lead contamination. He noted that dove
hunting was allowed in Virginia Beach on a farm located near an upscale
neighborhood until that property was developed into a golf course. He
stated that Paris Island was established in 1915 which is now located across
the water from Hilton Head Island and those homeowners have never tried
to close it down.
Leslie Babb, 13289 Shiloh Drive, stated that Orbit Road is still
considered rural and some of the individuals who have a problem with this
application are the same individuals who have hunted on his and many other
farms in the County. He stated that Orbit Hunt Club rents the land from Big
Sky Properties and the Board and officers of Orbit Hunt Club are in favor of
the application.
14
Ron Perry, farm owner in Surry County, spoke in favor of the
application. He stated if the application is not approved, it will have a lot of
ramifications for other counties in the State of Virginia.
Gordon Wills, 12224 Five Forks Road, spoke in favor of the
application.
Nanny Walker, Holly Grove AME, spoke in favor of the application.
She stated that this is a rural area and certain things are expected, such as
hunting and the sound of gunshot. She stated that she believes that
landowners should be able to do whatever they want as long as it does not
hurt humankind in any way.
Mr. Turner, one of the Big Sky Properties owners, stated that Big Sky
Properties has never been against the Gwaltney family shooting, but against
the lead. He advised that several Big Sky Properties investors were looking
at staking out a farm on the property and they heard shots ringing through
the trees. He stated that he would advise the other investors that the lead
problem has been addressed by shooting in another direction and he believes
everything will be fine with them.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark inquired if shooting is oriented in a different
direction, does this make it more towards the road than the original
proposal.
Louis McMearn from Carrollton replied that Virginia State Code
allows hunters to hunt within 100 yards of a roadway and he confirmed that
the shot will not reach the roadway.
Supervisor Bradshaw requested that the holidays to be observed
should be specified as ?State? holidays.
Interim County Attorney Burton suggested that if the Board chooses, it
could change the language in the condition to include ?Sundays and/or State
Holidays.?
Supervisor Wright moved that the Board approve the application of
Dorothy G. Gwaltney, owner, and Highland Sports LLC, applicant, as
amended, to include "Sundays and/or State Holidays. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
15
Chairman Clark advised that there would be no public hearing held on
the following application because the applicant has requested that it be
withdrawn.
The request of Three Coins LLC, owner, and Commonwealth
Engineering, applicant, to amend the Comprehensive Land Use
Designation of Tax Map Parcels 34-01-108, and 34-01-108B in the
Newport Development Service District from Business and
Employment Growth to Mixed Use Activity Center. Said property,
approximately 8.028 acres, is located on the east side of Carrollton
Boulevard (Route 17), south of Sugar Hill Road (Route 661) in the
Newport Election District. The proposed use of the property is for a
proposed apartment (multi-family) development.
//
Supervisor Wright moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for the Emergency Services report.
Brian Carroll, Isle of Wight Volunteer Rescue Squad, advised the
Board that the Windsor Volunteer Rescue Squad has re-allocated an old
ambulance to the Isle of Wight Volunteer Rescue Squad which will be
placed in service by the Isle of Wight Volunteer Rescue Squad. He further
advised that the call volume at the Isle of Wight Volunteer Rescue Squad
has increased by 20 calls per month over the last four (4) years and mileage
is up from 66,000 miles last year to approximately 80,000 miles by the end
of 2008.
//
Chairman Clark called for the County Administrator?s report.
County Administrator Caskey presented a resolution recognizing the
th
60 anniversary of the Zuni Ruritan Club which he recommended that the
Board adopt.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
TH
RESOLUTION TO RECOGNIZE THE 60 ANNIVERSARY
OF THE ZUNI RURITAN CLUB
16
WHEREAS, Ruritan is a civic organization founded in 1928 with the
purpose of serving the needs of communities throughout the United States;
and,
WHEREAS, the Zuni Ruritan Club was chartered on July 21, 1948
and Mr. E. Roland Lewis served as the first President of the club; and,
WHEREAS, the Ruritan Club is a volunteer-run organization that has
supported the community via activities such as community improvement
days, fundraisers, and blood drives; and,
WHEREAS, the Ruritan Club played an important role in the
development of a new Post Office building in Zuni in the 1960?s; and,
WHEREAS, the Board of Supervisors desires to recognize the positive
th
contributions of the Zuni Ruritan Club and its 60 Anniversary.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
th
and congratulates the Zuni Ruritan Club on the occasion of its 60
Anniversary.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw advised that he would present the Resolution to
the Zuni Ruritan Club on behalf of the Board.
County Administrator Caskey presented a resolution for the Board?s
consideration that the General Assembly name the bridge over the
Blackwater River on Route 58 Business connecting Isle of Wight County
and the City of Franklin which is currently under construction the Holland-
Councill Memorial Bridge in honor of Senator Richard J. Holland and
Delegate J. Paul Councill, Jr.
Supervisor Bradshaw moved that the Board adopt the following
Resolution and that a copy of the Resolution be sent to the City of Franklin
requesting that they adopt the same resolution:
RESOLUTION TO REQUEST BRIDGE NAME
WHEREAS, the Honorable Richard J. Holland served the
Commonwealth of Virginia and the County of Isle of Wight as a member of
the Senate of Virginia; and,
17
WHEREAS, the Honorable J. Paul Councill, Jr. served the
Commonwealth of Virginia and the County of Isle of Wight as a member of
the House of Delegates; and,
WHEREAS, the bridge over the Blackwater River on Route 58
Business connecting Isle of Wight County and the City of Franklin is
currently under construction; and,
WHEREAS, the Board of Supervisors desires to name said bridge the
Holland-Councill Memorial Bridge in honor of Senator Richard J. Holland
and Delegate J. Paul Councill, Jr.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia requests
the General Assembly?s favorable consideration of naming the bridge
structure on Route 58 Business the Holland-Councill Memorial Bridge.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Patrick J. Small, Assistant County Administrator, briefed the Board on
the status of the Museum reconstruction stating that the HVAC and
electrical work is complete in the upstairs of the Museum. He stated that the
contractor W. L. Jones is ahead of schedule and under budget. He advised
that work in the basement will be complete by the end of the month and
Tourism staff is currently being relocated in the old office space which has
been renovated and cleaned. He advised that the final stamped plans for the
basement were received today and have been forwarded to the final cost
estimator. He stated that staff will have the plans and cost estimates for the
Board?s consideration at its August 21, 2008 meeting.
Ms. Winslow presented the timeline developed by the Historic
Resources Division regarding the reopening of the Museum on November
15, 2008. She presented an itemized breakdown of funding needed for the
reopening of the Museum for the Board?s review prior to its August 21,
2008 meeting.
Supervisor Casteen requested Ms. Winslow to advise the Museum
Foundation that the targeted reopening date is November 15, 2008.
Supervisor Bradshaw moved Supervisor Casteen work with staff with
respect to the additional cost for the reopening and to make a
recommendation relative to additional funding in the budget. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
18
Supervisor Casteen informed the Board that staff has been unable to
secure a cost estimate on the basement renovation to date; however, the
amount is not anticipated to be large compared to the estimate of $20,000+
originally for that area. He stated that the hope was that the basement
renovation would be complete by the opening of the Museum so that it could
be utilized during the opening ceremony.
Liesl R. DeVary, Director of Budget and Finance, advised that the
Finance Committee, at its meeting last week, desires to discuss with the
Board certain anticipated budget shortfalls, the first of which is the Museum
reopening. She advised that no funds have been budgeted for the
construction needs of the basement, as well as the operating needs in order
to get the Museum reopened.
Supervisor Casteen inquired if the cost to perform the basement
renovation is determined before the Board?s next meeting, could the
procurement process be facilitated by proceeding with the solicitation of
RFPs for the project with the goal in mind of getting the Museum opened as
soon as possible.
Interim County Attorney Burton replied ?yes? that the Board is only
authorizing staff to begin the procurement process.
Ms. DeVary advised if the amount is under $30,000, Requests for
Quotes are solicited and the Board normally is not involved in the process.
She stated if the amount exceeds $30,000, the Virginia Procurement Act
requires the County to solicit formal bids of which the Board would award
the bid.
Supervisor Bradshaw advised that the cost estimate for renovating the
basement, as well as the operating needs presented by Ms. Winslow, needs
to be included in the budget.
Supervisor Casteen inquired if whatever the proposal turns out to be,
can he proceed with looking into that before the next Board meeting.
Chairman Clark commented that does not the solicitation of RFPs and
the receipt of their responses only mean that the County intends to proceed.
He asked what if the number is too large or the Board decides not to move
forward.
Ms. Liesl recommended that the Board approve the plans before staff
proceeds with obtaining any quotes.
With respect to the Regional Consent Order, Ms. DeVary advised that
it is estimated that an additional $160,000 will need to be appropriated.
19
Mr. Small stated this is the Regional Consent Order which is a Federal
mandate and associated with the Hampton Roads Sanitation District and the
Department of Environmental Quality. He advised that $150,000 is
included in the budget; however, the Board should anticipate receiving a
presentation from Mr. Bob Roop with Timmons Groups regarding additional
task orders at its meeting on August 21, 2008 in the amount of $370,000, of
which only $150,000 is budgeted.
With respect to pay plan changes, Ms. Emily G. Haywood, Director of
Human Resources, advised that staff anticipates bringing a final Pay Plan
developed by Springstead to the Board for its consideration at its meeting in
September. She advised that staff feels comfortable with the proposed pay
ranges relating to the County?s public safety, particularly the dispatchers,
and she would like to move forward with developing a resolution for the
Board?s consideration.
Ms. DeVary recalled that when the budget was approved, staff knew
that the State cuts would have to be addressed at a later date. She stated that
the State reductions for the County for FY2009 is $100,287 and FY2010 is
$99,664. She advised that it is necessary to certify how the County intends
to take these State reductions before January 9, 2009. She recommended
that a check be issued to the Commonwealth of Virginia reimbursing them
for the amount of State cuts. She advised that the FY2010 amount may not
remain the same and the County has the ability to change which option it
decides to take. She advised that based on the direction this evening, staff
will prepare the appropriate amendment to the budget and return to the
Board at its next meeting.
Supervisor Bradshaw moved to direct staff to follow Option (1), to
make a reimbursement payment directly to the Commonwealth for all of the
locality?s share of the reductions and this transaction will be reflected in a
locality?s records as a negative revenue under the heading ?Local Aid to the
Commonwealth,? as recommended by VACo and that the County will send
the sample transmittal letter, as provided by VACo. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
With respect to the Utilities budget, staff estimates that there is a
potential shortfall in the budget of approximately $100,000 based on usage
and the fact that Virginia Dominion Power had applied for a fuel rate
increase, which was effective July 1, 2008. She advised that staff has also
been in discussion with the school system because it will most likely have a
shortfall, as well. She stated that staff will continue to monitor this, but she
anticipates coming back to the Board in January 2009 to request additional
funds for this. She stated that the price of gas and motor fuel has sky
rocketed and the price the County is paying is up 54% from a year ago and
based on usage, staff anticipates an increase of $130,000 for the County.
20
She advised that the collection rate on taxes could decrease based on the
state of the economy.
Supervisor Casteen requested that the APVA request for funding in
the amount of $5,000 be included in the budget.
Ms. DeVary noted that the Code of Virginia requires that the County
reduce its tax rate whenever a reassessment results in an increase of more
than 1% from the prior year?s tax levy. She advised that the County?s total
assessment value increased by approximately 11% before factoring in new
construction; tax relief and recycling credit; and, deferred values with the
County?s Land Use Program to arrive at the County?s net taxable
assessments, of which the increase equates to a 7% increase. She advised
that if the County did not have a reassessment, the net projected revenue
would equate to $19,892,000, but with the reassessment and keeping the
rate at $.52, the net projected revenue would be $21,274,000. She stated it
is only necessary to make the rate revenue neutral on anything that exceeds
the 1% and the excess revenue that would need to be returned is
approximately $1,183,000 or taking the rate from $.52 to $.49 per $100 of
assessed value. She asked the Board to keep in mind that the budget was
balanced using $1.5 million dollars of fund balance and that staff is planning
to go to the bond market in January 2009 or February 2009 in order to fund
the new Courts building and the proposed Smithfield Fire Station and the
bond agencies want to see a healthy fund balance.
Supervisor Wright moved to keep the tax rate at $.52. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Wright moved to authorize staff to advertise the matter for
a public hearing on September 16, 2008. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
County Administrator Caskey presented a variety of grants for the
Board?s consideration with the Virginia Department of Historic Resources
pertaining to Isle of Wight County?s Historic Resources Division.
Chairman Clark moved that the Board authorize staff to submit grant
applications for Boykin?s Tavern; Isle of Wight County Museum; Fort
Huger; and, Fort Boykin. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark 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, presented the 2009 VACo Legislative Program to the
Board for its consideration.
21
Supervisor Bradshaw moved that the Board adopt the County?s 2009
VACo Legislative Program. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
County Administrator Caskey recalled that the Board has set its Board
Retreat for November 14, 2008 and November 15, 2008 with Mike Chandler
acting as Facilitator. He requested that the Board give consideration of a
location to hold its Annual Retreat.
The Board concurred with holding its Retreat at the Windsor
Elementary School.
County Administrator Caskey acknowledged the Green Government
Program Poster displayed on the Board Room wall, noting it was one (1) of
sixteen (16) posters from County governments across the country that were
on display at the NACo Annual Conference this year in Kansas City.
//
Chairman Clark called for consideration of the following Consent
Agenda:
A. Participation in NACo?s Green Government Poster Session
B. South Shore Drive/Addition to State Secondary Roadway
System
. Resolution of the Board of Supervisors of Isle of Wight
County Giving Notice of Their Intention to Add South
Shore Drive to the State Secondary Roadway System
C. Smithfield Cultural Arts League
. Resolution to Accept and Appropriate Funds for the Local
Government Challenge Grant
D. Virginia Wireless E-911 Services Board Public Safety
Answering Point (PSAP) Grant
. Resolution to Accept and Appropriate Grant Funds in the
Amount of $17,600 for E-911 Services
E. Virginia Office of Emergency Medical Services (OEMS) Grant
Funds Received
22
. Resolution to Accept and Appropriate Funds from the
Office of Emergency Medical Services also Known as the
Rescue Squad Assistance Fund
F. Donation from the Rushmere Volunteer Fire Department
. Resolution to Accept Donated 1968 International Loadstar
1600 Tanker from the Rushmere Volunteer Fire
Department
G. Donation to Emergency Services Department
. Resolution to Accept and Appropriate Donated 2000 Ford
Expedition from the Smithfield Volunteer Fire Department
H. Skating Rink ? Increase Petty Cash for Change Machine
. Resolution to Increase Petty Cash Funds at Skating Rink
I. Virginia Retirement System (VRS) ? Affirmation of
Authorization to Pick-up Employee?s Contribution per Code of
Virginia
. Resolution ? Affirmation of Authorization to Pick-up the
Employee?s Contribution to VRS for Isle of Wight County,
55146 Under §414(h) of the Internal Revenue Code
J. Monthly Engineering Projects Report
K. Preliminary Site Plan Application for SAFCO Products
Company/Request for Administrative Approval
L. Scientific Evidence on Pollution by Septic Systems
M. Booker T. Estates Comprehensive Community Development
Project ? M & W Construction Corporation, Change Order No. 3
N. Booker T. Estates Comprehensive Community Development
Project ? Phase II Agreement between Isle of Wight County and
the Virginia Department of Housing and Community
Development
O. Schedule a Joint Meeting between the Planning Commission and
the Board of Supervisors
P. Lawnes Point Sewer Collection and Treatment Facility
Q. Delinquent Real Estate Tax Collection Monthly Report
23
R. May 15, 2008 Regular Meeting Minutes
S. June 10, 2008 Work Session Minutes
T. June 10, 2008 Regular Meeting Minutes
U. July 1, 2008 Regular Meeting Minutes
Supervisor Bradshaw moved that Item (P), Lawnes Point Sewer
Collection and Treatment Facility, be deferred pursuant to the request of the
property owner and that the remainder of the Consent Agenda be approved.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton advised that there will be a joint
meeting between the Board and the Planning Commission held on October
21, 2008 between 6:00 p.m. and 9:00 p.m. at the Smithfield Station
Conference Room.
//
Chairman Clark called for Appointments.
Supervisor Wright moved that the Board reappoint Jimmy Oliver to
serve on the PACE Program. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Wright moved that the Board appoint Supervisor Bradshaw
as the County representative on the Chamber of Commerce. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for Old Business.
Amy Ring, Assistant Director of Planning and Zoning, noted included
at the Board?s seat is a draft working map for the Board?s review depicting
an alternative Development Service District (DSD) layout which will reduce
the size of the proposed DSD expansion area in Windsor. She stated that
the properties along Sunset Drive have been removed that are part of or in
between properties that are members of the Knoxville Agricultural and
Forestal District and they will retain their rural agricultural conservation
designation. She stated staff desires to reconcile the Route 17 map with the
24
Comprehensive Plan map and recommends that the matter be returned to the
Planning Commission for another public hearing.
Supervisor Casteen recommended that the landfill, borrow pits and
holding ponds be shown in the DSD?s so that the Board knows their various
whereabouts in the County.
Chairman Clark called for discussion of the following application:
The application of James B. Brown, Jr. and Judith B. Roberts, et al,
owners, and Brown, Jolley, Brown, LLC, applicant, for a change in
zoning classification of approximately 42.65 acres of land from Rural
Agricultural Conservation (RAC) to approximately 9.2 acres of
Conditional-General Commercial (C-GC) and approximately 33.3
acres of Conditional-Urban Residential (C-UR). The property is
located at the intersection of Carrollton Boulevard (Route 17) and
Deep Bottom Drive (Route 662) in the Newport Election District. The
purpose of the application is to develop a mixed-use community with
commercial parcels on the Route 17 frontage and multi-family rental
units in the rear.
Supervisor Brown stated that he would be abstaining from
participating in the discussion and voting on the above application because
of his personal interest in this project.
Ms. Walkup stated that included in the Board?s agenda is an update
relative to the issues raised by the Board at its April 17, 2008 and June 10,
2008 Board meetings. She stated that staff has received revised proffers and
conceptual plan from the applicant and due to substantial changes that were
made in response to issues that were raised by residents of the adjacent
Ashby Subdivision, the application will require readvertisement for the
Board?s August 21, 2008 meeting. She advised that staff has advertised the
application for the Board?s August 21, 2008 meeting and the revised
proffers and conceptual plan have been sent to the representative for the
Ashby Subdivision.
Chairman Clark moved that the Board conduct a public hearing at its
August 21, 2008 meeting and ratify the advertisement that has already been
made. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown abstaining
from discussing and voting on the matter.
Ms. Haywood, responsive to the Board?s direction at its May 15, 2008
meeting, advised that staff has developed a resolution regarding Board
members? health insurance coverage and the budgetary impact of adding
part-time employees that would be eligible for coverage into the insurance.
She advised that a second resolution has also been prepared that would meet
25
the Board?s objective of capping the salary and benefits package for Board
members for the Board?s consideration.
Chairman Clark encouraged Supervisors Bradshaw and Wright, as the
Board?s representatives on Finance Committee, to consider health insurance
coverage for all part-time employees in the next budget cycle.
Supervisor Casteen noted that there is a difference between eligible
employees, as stated by Ms. Haywood, and all part-time employees, as
stated by Chairman Clark. He advised that currently there are 31 eligible
part-time employees, but there are a total of 100+ part-time employees. He
clarified that the intent is for all eligible employees, not all part-time
employees, to be able to obtain health insurance from the County.
Ms. Haywood explained that, in order to contribute 100%, the
underwriting guidelines state that there should be a 50% contribution of the
employee-only portion. She stated in order to meet that requirement, the
member?s salary will be reduced by the 50% requirement via payroll
deduction, which would be placed in the employer contribution fund and the
member would directly remit a check to staff on a monthly basis for the
remainder of the premium. She advised that with respect to a participating
Board member with spouse, dependent or family coverage, the cost for the
insurance will exceed the salary of the Board member. She advised that the
County operates under a cafeteria plan which allows an individual to elect
his benefits as a pre-tax deduction, which is another reason why staff
suggests that the check be remitted to the County as this is another area that
is equalizing the salary and meeting the objective of the Board members to
make the salary a flat amount.
Supervisor Casteen commented that not being able to make it a pre-
taxed deduction when a member is paying the entire amount is a significant
penalty. He contended that according to the underwriting rules of the
County?s insurance, provided by Anthem, the employer is required to pay a
minimum of 50% of the employee-only level of coverage and if he has to
pay 100% the County will not be meeting that requirement.
Interim County Attorney Burton responded that with respect to
Supervisor Casteen paying 100%, his salary will be reduced by the amount
that would be the 50% that the County would be required to pay, which
would be placed in the Blue Cross employees? account to be paid to Blue
Cross and Supervisor Casteen would then be required to pay the balance.
Chairman Clark commented that he is in support of allowing all part-
time employees, 30 hours or more, to be part of the hospitalization plan.
Supervisor Casteen commented that he would not be voting on the
resolution.
26
Supervisor Bradshaw commented that a Board member must vote
according to State law and that they may not abstain unless there is an
adequate reason for abstention.
Supervisor Wright moved that the Board adopt the following
Resolution to Include Board of Supervisors? Members in County Group
Health Coverage:
RESOLUTION TO INCLUDE BOARD OF SUPERVISORS MEMBERS IN
COUNTY GROUP HEALTH COVERAGE
WHEREAS, Section 15.2-1414.3 (4) of the Code of Virginia (1950, as
amended) grants the Board of Supervisors of the County of Isle of Wight,
Virginia the right to receive any and all fringe benefits provided for
employees; and
WHEREAS, the Board of Supervisors wishes to participate in the
County?s group health insurance coverage with the full cost of the health
insurance paid by the member electing coverage.
WHEREAS, the amount of the employer contribution of 50% of
employee only coverage will be deducted from the member?s salary via
payroll deduction. The remaining amount will be remitted directly to the
County by the member monthly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that pursuant to Section 15.2-1414.3
(4), the Board of Supervisors may participate in the County?s group health
insurance coverage with the full cost of the health insurance paid by the
member electing coverage.
This Resolution shall take effect on or after September 1, 2008.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
For the record, Supervisor Casteen did not cast a voice vote.
Interim County Attorney Burton advised the Board that a failure to
vote is not considered to be a ?no? vote, which must be a recorded vote, be it
voice or otherwise. He advised that a no-voice vote on a motion is
considered a ?yes? vote.
Chairman Clark remarked that he is in favor of including County
employees who work 30 hours or more eligible to receive health benefits in
the next budget cycle. He stated that while there is a cost associated with
27
doing that, he believes it is something that needs to be done for County
employees.
Supervisor Bradshaw moved to direct Interim County Attorney Burton
to research the law and advise the Board by separate memorandums whether
or not a Board member is required to vote on a motion and whether or not
the underwriting rules of the County?s insurance provided by Anthem
require the employer to pay a minimum of 50% of the employee-only level
of coverage. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark moved that the effective date of the Resolution to
Include Board of Supervisors? Members in the County Group Health Policy
be September 1, 2008. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Ralph A. Anderson, Solid Waste Manager, responsive to a recent
conversation with Supervisor Bradshaw, staff is requesting additional time
to evaluate the revision of the changes to the Convenience Center schedule.
Supervisor Bradshaw moved that the Board accept the
recommendation of staff and that the hours remain as stated. No changes
are to be made until the Solid Waste Committee meets with staff. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton presented a request by the applicant
to defer discussion on the Guidelines for Community Development
Authorities and the Ordinance Creating the Benns Grant Community
Development Authority.
Supervisor Bradshaw stated that he is not in support of granting the
request for deferral.
Chairman Clark moved that the Board defer the matter until the
November 20, 2008 meeting and that a notice be sent to the developer that
the Board expects them to either have a viable plan to incorporate a
Community Development Authority at that time or the matter will no longer
be considered by the Board. The motion was adopted by a vote of (4-1) with
Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion
and Supervisor Bradshaw voting against the motion.
Interim County Attorney Burton presented a request by the applicant
that discussion on the Benns Grant Conditional Use Permit for a proposed
Wal-Mart be deferred.
28
Supervisor Bradshaw noted that he is not in support of granting the
request for deferral.
Chairman Clark moved that the Board defer the matter until the
November 20, 2008 meeting with notice to the developer that the Board
expects them to either have a viable plan to incorporate a CDA at that time
or the matter will no longer be considered by the Board. The motion was
adopted by a vote of (4-1) with Supervisors Brown, Casteen, Clark and
Wright voting in favor of the motion and Supervisor Bradshaw voting
against the motion.
Interim County Attorney Burton presented a Deed of Bargain and Sale
for the Robinson property in the Windsor District for the Board?s
consideration.
Supervisor Wright moved that the Board approve the Deed of Bargain
and Sale for the Robinson property and authorize the Chairman to sign it on
behalf of the Board. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a Deed of Bargain and Sale
and Real Estate Purchase contract for the Johnson property in Zuni.
Supervisor Bradshaw moved that the Board approve the Deed of
Bargain and Sale and Real Estate Purchase contract for the Johnson property
in Zuni and authorize the Chairman to sign it on behalf of the Board. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton presented a sales contract between
the County and HRFT, Inc. for the property located on Route 460 across
from the Shirley T. Holland Commerce Park for the Board?s consideration.
Supervisor Wright moved that the Board approve the sales contract
between the County and HRFT, Inc. and that the Chairman be authorized to
sign it behalf of the Board upon review of the County Attorney. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that staff not proceed with the demolition
of the Zuni bank building until further review by the Zuni Citizens
Committee, staff and himself. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
29
Chairman Clark advised that Hannah Wise Holland was responsible
for the design and painting of the mural on the wall in the Board Room. He
advised that a Resolution of Appreciation will be presented to Mrs. Holland
at a later date.
//
Chairman Clark called for New Business.
Chairman Clark announced that Allen Bradby, Sr. had recently passed
away and, in the essence of time, he had directed Mr. Robertson to develop
an appropriate resolution which was read at Mr. Bradby?s funeral.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION IN RECOGNITION OF
THE PASSING OF ALLEN BRADBY, SR.
WHEREAS, Allen Bradby, Sr. was a native of the Hardy District of
Isle of Wight County; and,
WHEREAS, Mr. Bradby faithfully served his country, his community
and his church in an effort to improve the quality of life for all citizens of
Isle of Wight County; and,
WHEREAS, Mr. Bradby was an active member and supporter of the
Rushmere Volunteer Fire Department from the time of its inception until his
health would no longer allow his active participation; and,
WHEREAS, the citizens of Isle of Wight County were deeply
saddened by the news of Mr. Bradby?s untimely passing.
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 it deepest condolences to the family of Mr. Allen Bradby, Sr..
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Wright moved that the Road ?A: Extension at the Shirley
T. Holland Commerce Park be named ?William A. Gwaltney Way?. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
30
Jason Grey, IT Department, advised that he has met with Ms. Phillips
of the Commonwealth Attorney?s office to discuss that office?s needs for
several laptops, a server and new software. He advised that normally that
office receives its funding and computers from the State; however, he would
recommend that an old County server be donated to that office and a work
station.
Supervisor Bradshaw moved that the Director of Budget and Finance
be directed to work with the Commonwealth Attorney?s office on a 3/6, 2/6
or 1/6 split with the Towns of Smithfield and Windsor. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
With respect to the comments made by Joseph King under Citizens?
Comments earlier in the meeting, Chairman Clark advised the Board that at
their seats is information and pictures pertaining to Mr. King?s business on
Carrollton Boulevard. He advised that he has previously visited the site and
suggested to Mr. King that he bear some of the responsibility for clean-up of
the site, which is located next door to a well-maintained County residence.
Regarding proposed biosolids regulations, Chairman Clark moved that
the Board direct staff to review the proposed set of biosolids regulations
being put before the General Assembly and that staff advise the Board if this
information needs to be included in the County?s legislative agenda, to
include VACo?s consideration. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.3 of the Code of Virginia pertaining to discussion
regarding the acquisition of real property in the Carrsville District; pursuant
to Section 2.2-3711.A.7 pertaining to discussion of legal counsel regarding
actual litigation regarding a proposed settlement; pursuant to Section 2.2-
3711.A.7 regarding consultation with legal counsel requiring the provision
of legal advice regarding residential garbage collection; pursuant to Section
2.2-3711.A.7 regarding discussion with legal counsel regarding actual
litigation regarding Locust Grove; pursuant to Section 2.2-3711.A.7
regarding consultation with legal counsel requiring the provision of legal
advice pertaining to a personnel matter of a specific public official; pursuant
to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring
the provision of legal advice pertaining to a specific public official and use
of public assets; and, pursuant to Section 2.2-3711.A.1 regarding a
personnel matter pertaining to compensation of a specific public official.
31
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reasons stated by the County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open meeting.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw 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: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
Supervisor Bradshaw moved to approve the compensation as
discussed in Closed Meeting effective July 1, 2008. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
32
At 10:15 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
33
O en Li GJ RS ~ N ~ Ali "O L' •SS O ~••~ y N "O
v1 '~ y A CF-1 fn _ ti ~
Y O ~ ~ j ° o -o on ~ ~ a~ ~ ~ ~ ° .~. ° .c
w ~ ~ °° o 'bC w v C1 ° ~ ;~ as ,~ y ~ ~ ~ ~ o o U
~ ..O W ~ .~ • w vim,, O O s. ~ C N ~,' c~ ~.°~ ~ s.
~ W a~ ~ AW a~ ~ . 3 ~, ~ c o o .
s .~ 'g O ° ~' p ni °'n.,.~ C4 v a~i is ~ O p U O N~ p m '~ ~ o
~,~ ~ o p rn ~ ~ M `'on 'on ~ wo s~. y ~ v . ~ o ~ ~^ ~ ~ 0] a, -a ~
'G s0. N .~ ~l 'o N ~ ~ ~ ~ C N ~'
~ ~ ~ w o ~ ~ o 0 3 C4~''~ ~ ~o ~ H W ,~'~ O~o ~3~.o`~n ,x
c~a own ~ y, °' `~ 'o,o ° WW '°' 3 ~ ~ > ~ '^ > ~ ~ ~ ~ a~ o ~
U ~ pa U '~ ~ `°' :~ p r~,p4~ ~ -" ~ `° o W° ~ C7 C7 pa ~p a~ ~ ~ o U .~ U
a~ p n (mil O '+~ W ~ ~ E'er a~ a~ 3 ~ ~ ~ v' y ~" ,~_, ~ N am- O
(yi w Chi
~ `>' ~ ~ v -= w ~ Z ~ ~ .c ~~ ~ v W rr] ~ W W ~ oven d ~ c ~ >,