02-19-2004 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF FEBRUARY IN
THE YEAR TWO THOUSAND AND FOUR
PRESENT: Stan D. Clark, Chairman
Phillip A. Bradshaw, Vice-Chairman
Henry H. Bradby
Thomas J. Wright, III
Richard K. MacManus
Also Attending: Jacob. P. Stroman, IV, County, Attorney .
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator
Carey Mills Storm, Recording Secretary
Chairman Clark called the meeting to order at b:00 p.m.
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Supervisor delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Clark called for approval of the agenda.
The following amendments to the agenda were offered:.
County Attorney Stroman requested A Resolution of the Board of
Supervisors of the County of Isle of Wight Authorizing the Issuance of up to
$5,300,000 Revenue Refunding Bonds for the- Benefit of International Paper
Company be added under the County Attorney report; a Subordination
Agreement between Shonna Blow and the County in the amount of $14,825
pertaining to a community development matter be added to the County
Attorney's report; that Item (B) 2004-2005 Secondary Construction Budget
Priority Plan for Isle of Wight County. and Item (C) Six-Year (2004-2010)
Secondary Improvement .Priority Plan for Isle of Wight County under the
Public Hearings section of the agenda be reversed in order; and, that the
Closed Meeting consist of two (2) legal matters under Section 2.2-3711.A.7
and one (1) personnel matter under Section 2.2-3711.A.1 of the Freedom of
Information Act.
Supervisor Bradshaw moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with. Supervisors
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MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of .the
motion, and no Supervisors voting against the motion.
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Chairman Clark called for Special Presentations.
Fred Westphall, Goodman. & Company, Inc.. briefed the Board on the
results of the County's financial audit report for the year ended. June 30,
2003..
Matt Favre, Director of t)perations, Charter Communications, briefed
the Board on the basis for which Charter Communications is proposing a rate
increase for its services.
Supervisor Bradshaw requested that Channel 13 be offered to all areas
of the County.
Mr. Favre noted that there is an Isle of Wight channel inside the City of
Franklin. He further noted that Supervisor Bradshaw's request could be
addressed.
Supervisor MacManus requested that Charter. begin offering a sports
channel.
Mr. Favre noted that there has been interest expressed in developing a
package of sports channels that would be on the digital tier and would not
affect basic or expanded subscribers.
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Chairman Clark indicated the Consent Agenda included 'the following
items:.
A. Resolutions Designating Certain Roads as Rural Rustic Roads
B. DEQ/Public Notice for February 9, 2004
C. Planning Commission February 10, 2004 Action List
D. Board of Zoning Appeals February 2, 2004 Action List
E. .Regional Solid Waste Planning Agency Designation.
F. Delinquent Real Estate Tax Collection Monthly Report
G. .January 15, 2004 Regular Meeting Minutes
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Chairman Clark asked if there were any items for removal.
Supervisor Wright moved the Board adopt the Consent Agenda. The
motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw,
Wright and Clark voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor MacManus not present for the vote.
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Chairman Clark called for Transportation Matters.
MacFarland Neblett, VDOT Resident Engineer, advised responsive to
the Board's previous request, VDOT staff is in the process of developing a
report identifying those roadways that routinely experience flooding.
Supervisor Bradby requested the status of Old Towne Road (Route
681).
Mr. Neblett advised that Old Towne Road is currently listed as the third
(3rd) item on the Candidate Road List.
.Supervisor Wright requested the status of his previous request to re-
grade Poor House Road. He noted that a school bus was recently involved in
an accident as a result of a pothole. He stated swales must first be dug along
the roadside and the ditches cleaned out before any regrading work is begun.
Mr. Neblett assured Supervisor Wright that the ditch would be cleaned
and the road properly prepped before any stone is placed on Poor House
Road.
Supervisor Bradshaw requested signage be installed along all roadways
that change from pavement to dirt so that motorists are warned before the
road conditions change from pavement to dirt.
Supervisor Bradshaw cited speeding concerns on Whispering Pines
Trail, particularly on the unpaved section of that roadway, and requested that
Mr.Neblett take the. necessary action to have the speed limit posted at 45
mph.
Supervisor Bradshaw reiterated his request for a cost comparison report
from VDOT. The report should indicate the amount of funds proposed for a
particular project and the amount that was actually spent.
Mr. Neblett noted that due to other priorities, he had not had an
opportunity to develop such a report, but that he would keep this request on
his list of items to be done.
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Supervisor MacManus requested the status. of the bridge replacement
over Jones Creek.
Mr. Neblett advised. that May, 2004 is the anticipated timeframe for
completion of the bridge replacement over Jones Creek.
Tilenna Lea reported that Whispering Pines Trail was re-graded today..
She advised that damage occurs to her phone line whenever Whispering
Pines Trail is regraded. She requested that it be hard surfaced, a speed limit
sign erected, and ditches dug alongside the roadway to prevent flooding.
Mr. Neblett advised that with respect to the erection of a .speed limit
sign, a traffic study must first be performed, which generally takes 45-60
days.
Frank brewery and Delores Darden requested that Poor House Road be
,hard surfaced in its. entirety. Ms. Darden read a letter into the record dated
February 13, -2004 and addressed to Frank brewery from W. Peyton Barlow,
Executive Director of Administrative Services, pertaining to the use of Poor
House Road by the school system. Ms. Darden further read a letter into the
record dated February 18, 2004 and addressed to -the Chairman of the Board
of Supervisors from Benjamin A. Vaughan, Headmaster, Isle of Wight
Academy, in support of hard surfacing the remainder of Poor House Road.
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Chairman. Clark called for Citizen's Comments.
Citizens offered no comments.
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Chairman Clark called for the County Attorney's report.
County Attorney Stroman presented A Resolution of the Board of
Supervisors of the County of Isle of Wight Authorizing the Issuance of Up to
$5,300,000 Revenue Refunding Bonds for the Benefit of International Paper
Company for the Board's consideration.
~ Patrick J. Small, Director of Economic Development, noted that the
Industrial Development Authority had held a public hearing on the matter
and approved the issue by unanimous vote.
Supervisor MacManus moved. that the Board adopt .the following
Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ISLE OF WIGHT
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AUTHORIZING THE ISSUANCE OF UP TO $5,300,000
REVENUE REFUNDING BONDS FOR THE BENEFIT OF
INTERNATIONAL PAPER COMPANY
WHEREAS, the Industrial. Development .Authority of the County of
Isle of Wight ("Authority"), .has considered the application of International
Paper Company, as successor by merger to Union Camp Corporation (the
"Company") requesting the issuance of the Authority's refinancing of certain
pollution control, sewage and- solid waste disposal facilities, at the
Company's paper mill (the "Mill") in the County of Isle of Wight, Virginia,
as described in Exhibit A attached hereto (the "Project") located at 34040
Union Camp Drive, Franklin, Virginia 23851, previously refinanced with-the
Authority's $5,300,000 Revenue Refunding Bonds (Union Camp
Corporation Project, Series 1994 (the "Prior Bonds"), and has held a public
hearing on February 17, 2004.
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), provides that the governmental unit ha~•ing
jurisdiction over the issuer of private activity bonds and over the area in
which any facility financed with the proceeds of private activity bonds is
located must approve the issuance of the bonds;
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WHEREAS, the Authority issues its bonds on behalf of the County of
Isle of Wight, Virginia ("County"); the Project is located in the County and
the Board of Supervisors of the County of Isle of Wight, Virginia (the
"Board") constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve
the issuance of the Bonds; and,
WHEREAS, a copy of the Authority's .resolution approving the
issuance of the Bonds, subject to the terms to be agreed upon, a certificate of
the public hearing and a Fiscal Impact Statement have been filed with the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority
for the benefit of the Company, as required by Section 147(f) of the Code and
Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia
Code") to permit the Authority to assist in the refinancing of the Project by
refunding the Prior Bonds.
2. The approval of the issuance of the Bonds does not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness
of the Project or the Company.
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3. Pursuant to the limitations. contained in Temporary Income Tax
Regulations Section Sf.103-2(f)(1), this resolution shall remain in effect for a
period of one year from the date of its adoption.
4. This resolution shall take effect immediately. upon its adoption.
The motion was adopted by a vote of (4-0) with Supervisors Bradby,
Bradshaw, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw abstaining from voting
on the matter,. noting that he was a former employee of International Paper.
County Attorney Stroman presented a Subordination Agreement
between Shonna Blow and the County in the amount of $14,825.
Supervisor Bradshaw moved the Board authorize the Chairman to
execute the Subordination Agreement in a form approved by the County
Attorney. The motion was adopted by. a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
.motion, and no .Supervisors voting against the motion.
County Attorney Stroman presented revised Commission on Aging By-
laws for the Board's consideration. He noted that he deleted theprovision to
authorize the Chairman to execute contracts; that only duly appointed
members would be authorized to vote; and, that the officers must bemembers
of the Commission in good. standing.
Supervisor Wright moved that the Board authorize the Chairman to
execute the revised' Commission on Aging By-laws. -The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright
and Clark voting in favor of the motion, and no Supervisors voting against
the motion.
County Attorney Stroman advised that he had revised the Resolution
contained in the Board's agenda with respect to the Settlement Agreement
with the Town of Windsor. He noted that with respect to the original date by
which the new line had been completed, he had substituted language in the
Agreement provided for in subsection 2.02.
Supervisor Wright moved that the Board authorize the Chairman to
execute the Settlement Agreement with the Town of Windsor on behalf of the
County. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
County Attorney Stroman distributed a proposed draft purchase
development rights ordinance, modeled after the James City County
Ordinance, for the Board's review prior to consideration at its March 4, 2004
meeting.
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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 unanimously (5-0}.
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Chairman Clark called for a public hearing on the following:
An Ordinance to Amend Chapter 10, Licenses, Article I, to Add
Section 10-3.1 Requiring Payment of Delinquent Taxes as a
Prerequisite to Issuance of a $usiness License
Chairman Clark called for persons to speak in favor of, or in opposition
to, the proposed Ordinance.
No one appeared.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor MacManus moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND CHAPTER 10, LICENSES, ARTICLE I,
TO ADD SECTION 10-3.1 REQUIRING PAYMENT OF DELINQUENT
TAXES AS A PREREQUISITE TO ISSUANCE OF A BUSINESS
LICENSE
WHEREAS, .The Board of Supervisors cf Isle of Wight County
recognizes that it is inequitable for the County to issue business licenses to
those businesses which are in arrears in .the payment ~ of certain properly
assessed taxes; and
WHEREAS, the Code ofVirginia allows the County to refrain from the
issuance of a business license until the applicant-for the business license has
produced satisfactory evidence that all such deli~~quent taxes owed. by the
business to the County have been paid;
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County, Virginia that Chapter 10,
Licenses,. Article I, be amended to add Section 10-3.1, to read as follows:
Section 10-3.1 License Requirement; Requirin Evidence of
Payment of Certain Taxes.
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No .business license applied for under Chapter 10 of the
Code of Isle of Wight County, Virginia (1978, as amended) shall
be issued until the applicant. has produced satisfactory evidence
that all delinquent business license, personal property, and other
taxes owed by the. business to the County have been paid which
have been properly assessed against the applicant by the County.
(State law authority: § 58.1-3700)
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and .Clark voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
Six-Year (2004-2010) Secondary Improvement. Priority Plan for Isle of
Wight County
Chairman Clark called for citizens to speak in favor of, or in opposition
to, the proposed Plan. .
No one appeared.
.Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board adopt the Six-Year (2004-
2010) Secondary Improvement Priority Plan for Isle. of Wight County. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Wright and Clark voting in favor of the .motion, and no
Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
2004-2005 Secondary Construction Budget Priority Plan for Isle of
Wight County
Chairman Clark called for citizens to speak in favor of, or in opposition
to, the proposed Plan.
No one appeared.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradby moved the Board adopt the 2004-2005 Secondary
Construction Budget Priority Plan for Isle. of Wight County. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
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Wright and Clark 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 Whitley-Hawkins Holdings LLC and E.C. Whitley
Enterprises, Inc. for a Conditional Use Permit to operate aborrow -pit
containing 10 acres of land located on property known as the "Bunch
Farm", which is located off of Airport Drive (Route 616) in the
Carrsville Election District.
Jonathan W. Hartley, Director of Planning and Zoning, noted that he
had distributed to the Board prior to the beginning of the meeting tonight a
copy of a letter received today by staff from the Corps of Engineers dated
February 17, 2004, indicating that in response to the County's referral to
them that the Virginia Department of Conservation and Recreation (DCR)
did recognize one (1) Virginia state species of concern, the Turkey Oak -
Quercus laevis, within the proposed work area. He noted that staff had
contacted DCR and was advised by letter dated February 19, 2004 that due to
the scope of the activity, and the distance to the resources, that they do not
anticipate this project will adversely impact these natural heritage resources.
He stated that the Carps of Engineers further noted that they received
information from the Virginia Department of Historic Resources that that
there are two (2) possible historical resources located within and/or near the
proposed excavation site. He noted that the applicants had also received this
information today, and that the Board may want to further discuss this matter
with the applicant.
Chairman Clark called for persons to speak in favor of, or in opposition
to, the proposed application.
Sandra Whitley Hawkins of 33006 Green Oaks Lane in Franklin
advised the Board that the family cemetery is situated on the property, along
with the two (2) archeological sites that are situated on the far side of the
cemetery, but both are located away from the proposed site. She stated the
proposed work area is located in a large open field and, therefore, should not
present a threat to the endangered Turkey Oak species.
Albert Burckard of Titus .Creek volunteered the services of the .
County's Gravesite Survey Taskforce to record and probe the area prior to
the initiation of any work by the applicant.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw noted this is an existing family-run borrow pit,
and if all borrow pit operations adhered to the practices implemented $y the
Whitleys, the Board would look .more favorably on granting their
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applications. He recommended that other applicants in the future visit the
Whitley operation, and use it as an example.
Supervisor Wright moved the Board approve the application, subject to
the condition of the reclamation described in the plan. The motion was
adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw,
Wright and Clark voting in favor of .the motion, and no Supervisors voting
against the motion.
Chairman Clark called for a public hearing on the following:
The application of Ernest W. Goodrich and C. L. Goodrich for a
change. in zoning classification from RAC to Conditional Rural
Residential of approximately 1600 acres of land located off the north
side of Tyler's Beach Road (Route .686) and off the north side of Fort
Huger Drive (Route 676) in the Hardy Election District. The purpose
of the application is for asingle-family residential subdivision of no
more than 155 lots, as conditioned.
Mr. Hartley noted that he had received an original signed set of proffers
dated February 18, 2004. He further noted he received by email today a set
of revised proffers from Attorney Riddick. He stated the Board previously
held a public hearing on this application in December, 2003, and this public
hearing is required as a result of modifications to the proffered conditions
since the hearing.. in December.
County Attorney Stroman advised that the revised proffers are
consistent with the five (5) items that the Board requested at the public
hearing held in December, 2003. He stated some of the changes. made in
Section 16 were made at his request to ensure a time certain for the
conveyance of the Deed of Easement that could possibly be used for the
spoils site in connection with the Tyler's Beach dredging project. He further
stated he wanted to ensure that there was some standard of reasonableness in
connection with the testing for the Army Corps of Engineers.
Chairman Clark called for persons to speak in favor of, or in opposition
to, the proposed application.
Attorney Riddick stated the reason for another public hearing being
held tonight is to address items that evolved from the public hearing in ~~
December,. 2004. He noted that while Supervisor .Wright was not sitting on
the Board in December, 2003, he was in attendance at the public hearing and
is well-informed about the issues of this application. He advised that most of
the field work has been accomplished on the Phase I archeological survey
which revealed with relative certainty that the. Lawnes Creek development is
not located on this property. He noted that a report listing the items that were
found will be forthcoming, and the survey will aid the developer in designing
this property in a better way.. He stated that Dr. Turner's language has been
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included verbatim in the proffers, to the effect that all archeological
investigations shall be consistent with the Virginia ,Department of Historic
Resources guidelines for conducting cultural resource survey in Virginia and
the Secretary of the Interior's Standards and Guidelines for. archeology and
historic preservation. He stated any items identified by the Board as
concerns at the public hearing in December, 2004 have been addressed in
proffers 17 through 21. He stated the total proffer -value on a per-lot basis,
either in cash or by donations, equals $10,645.49, and includes the value of
the .park site, the $5,500 per lot cash contribution, the $25,000 contribution
the Rushmere Volunteer Fire Department and the value of the twenty (20}
acre easement for the dredge spoil site.
Chairman Clark closed. the public hearing and called for comments
from the Board.
Chairman Clark requested that the Director of Planning and Zoning and
the County Attorney include appropriate language in the- County's policy in
the future advising the homeowners association. when they reach .the 60%
level that they must resume responsibility of maintaining the BMP; .that the
responsibility of the BMP would not be transferred, to the homeowners
association until they received certification from a civil engineer that it is in
good working order; and, that the homeowners association will be advised,
before they assume responsibility of the BMP, what the estimated costs will
be to maintain it over a 5-10 year period.
Supervisor Bradby moved that the Board approve the application, as
conditioned. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
The application of John P. and Sandra E. Regan for an exception to the
Chesapeake Bay. Preservation Area Ordinance Section 6006.
Specifically to allow encroachment of fifteen (15) feet into the one
hundred (100) foot Resource Protection Area Buffer for a stable. The
property, containing 6.47 acres of land, is known as lot 3C Annie
Vineyard property, 16215 Vista Court, Smithfield, in the Newport
Election District.
Chairman Clark called for citizens to speak in favor of, or in opposition
to, the proposed application.
John P. Regan, applicant, stated that he was issued a building permit
for a single family residence in March, 2003. He explained that in
September, 2003, he requested a zoning permit for the erection of a stable he
had already built on his property that is now approximately 90% complete.
He stated that because the stable might be located in the buffer area, he was
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advised ,by staff than he should obtain a survey to .ascertain the exaction
location of it in relation to the buffer zone. He noted that the survey revealed
that the stable did encroach approximately fifteen (15) .feet into the buffer
area. He apologized to the Board, and requested permission to allow the
stable to remain in the buffer area. He advised that he has submitted a Water
Quality Impact Assessment Plan, and in an event to offset the encroachment.
to the buffer, he is proposing piping roof runoff to a french drain outside of
the buffer area. He stated that a Consent Order has been entered in the
Circuit Court for Isle of Wight County and that he will be~ fined accordingly
for his actions.
Chairman ~ Clark closed the public hearing and called for comments
from the Board.
Supervisor Clark asked Mr. Hartley if Mr. Regan had initially
approached. the County voluntarily.
Mr. Hartley responded that he did come in voluntarily, and not as a
result of a complaint or enforcement action by the County.
Supervisor Clark moved the Board approve the application,
conditioned upon entry of the Consent Order and the design and fulfillment
of the conditions presented in the application. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and
Clark voting in favor of the .motion, and no Supervisors .voting against the
motion.
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Chairman Clark called for the County Administrator's report.
Anne F. Seward, Director of Budget and Finance, provided the Board
with a brief summary of the FY2005-2009 Proposed Capital Improvements
Plan, as approved by the .Planning Commission.-.She requested that the Board
authorize staff to advertise a public hearing on the matter for the Board's
March 18, 2004 meeting.
Supervisor MacManus moved that the Board authorize staff to
advertise a public hearing on the FY2005-2009 Proposed Capital
Improvements Plan at the Board's March 18, 2004 meeting to facilitate the
adoption of the CIP and the incorporation of the "year one" capital
expenditures in the .proposed FY2004-05 budget. The motion was adopted by
a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Wright and
Clark voting in favor of the motion, and no Supervisors voting against the
motion.
County Administrator Caskey stated included in the agenda is
information with respect to the status of some of the County's local related
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bills, as well as those individuals, by name, in the General Assembly, relative
to their support or opposition.
Donald T. Robertson, "Assistant County Administrator, distributed a list
illustrating supportive and unsupportve legislators for local causes. He
pointed out that some legislators choose not to sign pledges, pro or con, for
any position. He noted that Delegate Chris Jones did not sign the no-tax
pledge, and he has also not given an explanation why he did not support the
County's request to cut high grass. He noted that Delegate Terry Suit
supported the County, both in comment and in vote on the high grass issue.
He stated. the proposed bill passed the House of Representatives, and he
believes the County is in good shape in the Senate as the proposal is in
Senator Fred Quayle's .committee. He pointed out to the Board that
nationwide Virginia has the second highest percentage of any state with
legislators who have signed the no-tax pledge.
Supervisor MacManus noted that Virginia has .the 17`h highest per
capita earnings, yet- its schools K-12 rank 48th in funding levels, with college
levels even lower. He stated it is time for the Board to identify to the public
those representatives who are not supporting the Commonwealth. He stated
these representatives, either through their actions or comments, have shown a
lack of fortitude and leadership. He stated Thelma Drake, Tom Gear, Johnny
Joannou, Chris Jones, Robert McDonnell, Leo Wardrup, John Welch and
Melanie Rapp have continued to demonstrate a lack of responsibility to their
citizens. He stated the Board has discussed the ramifications of this
disclosure; however, .not speaking out is equally unacceptable as these.
representatives continue to harm localities by both their actions and in-
actions. He stated these representatives, by a review of their voting records,
have proven themselves not to be friends of Isle of Wight, Hampton Roads or
the Commonwealth of Virginia, and they are leading the Commonwealth into
a state of decline which has not been seen in years. He stated many of these
representatives will excuse their lack of action by seating that they don't want.
to stall growth when growth is occurring, but when growth is not occurring,
they take the view that they don't want to prevent growth from rebounding.
He stated these representatives could almost be considered enemies of the
State by their actions. They are .dismantling education, transportation and
social services, step-by-step. He stated many of these representatives have
roots in local government; however, they seem to have forgotten where they
came from. He stated many of these representatives are continually reelected
to these positions where they continue to provide no leadership to the
Commonwealth. He stated this Board has in the past discussed the fact that
the State is not meeting its obligations, and this Board has also said before
that if. the State only followed its own requirements of funding, this Board
would not have to be taking the action it is going to take tonight. He stated
locally, Delegates Barlow and Council and Senators Lucas and Quayle have
been supportive of localities, education and transportation issues, and have
served the County well He stated it is important that this Board now go on
record at the Mayors and Chairs, Hampton Roads Planning .District
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Commission and other joint community meetings to bring those
representatives not willing to perform as they were originally elected to do, to
account for their actions and inactions.
Supervisor Bradshaw recommended that the Board's position, as stated
by Supervisor MacManus, also be sent to VACo .and VML, their executive
staffs and both Boards of Directors. He stated TV and newspapers are
.printing comments from no-tax pledge representatives that the State is
overspending and that the fat is in secondary and higher education, social
services and public health. He said the State recognizes that Virginia is a
high. growth state; therefore, it is only reasonable to expect that the budget
will increase. He stated these representatives do not want to be held.
responsible, that the reason that the State budget is increasing is because of
education.. He stated there is a growing population of students throughout the
State, and that if the State does not want to fund localities, then it should not
place mandates on localities.
Chairman Clark suggested that the Recording Secretary prepare a draft
of Supervisors MacManus and Bradshaw's comments .for the Board's review
with the intent of having an official Position Statement of this Board.
Supervisor MacManus suggested that the Board send correspondence
to the County's peer communities in Hampton Roads noting that this Board
is taking the position of identifying those delegates who .have not provided
the necessary leadership, and .that this Board is specifically looking at these
individuals from a financial responsibility standpoint. He stressed that this
issue encompasses the entire Hampton -Roads and Commonwealth with
respect to funding educational programs, social services, programs for the
mentally ill and transportation items. He stated these representatives are not
doing the things necessary to maintain this State, let alone lead this State into
the new century.
Supervisor Bradshaw stated the Board is attempting to manage growth
and, developing the tools to implement a program to protect farmland as one
of the ways to manage such growth, but there is no way the Board can do it
financially.
Chairman Clark stated that not only does the State not want to be held
responsible financially, it will not even provide localities the authority
necessary to be on equal footing with cities. He stated that the salaries
provided by the Compensation Board for State police and deputies are
! grossly inadequate. He stated the salary for a front line officer in Virginia
Beach is $10,000 more annually than a State police officer with five (5) years
experience. He stated there appears to be a general lack of commitment, to
excellence in Virginia and citizens are generally supportive of the no-tax
pledge because they do not realize what is happening until it is too late.
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Supervisor Wright stated the Board's meeting last night helped to
inform the citizens that the State is not fulfilling its obligations, and that they
are going to have to pay higher taxes locally for schools. He stated if the
State would live up to its obligations and play by the same rules it imposes,
this Board would not have to be raising taxes.
Supervisor MacManus stated leadership is being seen within the
Governor's Office and within the Senate, but not in the. House of Delegates.
He stated there are inappropriate comments. made, such as those made. by
Delegate Gear, which imply that he has had no citizens requesting that their
taxes be increased. He would suggest to Delegate Gear that there have also.
been no citizens approaching him requesting that their K-12 schools, their
colleges and the road systems in Virginia be destroyed.. He stated that that
there is a possibility of the Commonwealth losing its triple (A) bond rating,
and yet Delegates showed no appreciation for that financial impact on .this
Commonwealth. He stated these representatives do not care that what they
are doing has a permanent impact to our financial future, and they are also
not taking responsibility to change their current path. He noted that this kind
of behavior can not be tolerated and these representatives must be identified.
He .stated it is the localities and the leaders of the localities who .have to step
forward at this time, and he would encourage the Board, as it directs staff to
send out these letters to also discuss this matter at future steering committee
meetings with VACo.
Supervisor MacManus moved that the Board direct staff to draft a letter
incorporating the comments of the Board. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark
voting in favor of the motion, and no Supervisors voting against the motion.
!/
Chairman Clark called for Old Business.
Supervisor Bradshaw requested the Director of Economic Development
and the Assistant County Administrator provide the Board, at its March 4,
2004 meeting, with a report on the workforce center concept versus the "one-
stop" facility.
Supervisor MacManus reported that the Chariber of Commerce will be
having a Strategic Action Plan meeting on Friday, March 5, 2004, and that
the County Administrator will be presenting the Board's Strategic Action
-Plan at that time. He noted that Ms. Rhodes has indicated that the workforce
development center is a primary goal of focus for the Chamber. He stated he
would be meeting on Monday, February 23, 2004 with the Southampton
County .Board of Supervisors to solicit their support, as was done with the
City of Franklin.. He stated that he also intends to schedule a meeting with
Surry County.
15
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Chairman Clark noted that business concerns, economic development
and economic revival, road and school issues are ,.all matters that the County
should be partnering with other localities with .respect to the General
Assembly. He requested that Supervisor MacManus inquire what steps the
Chamber of Commerce has taken in regard to these efforts, and see if the
Chamber will partner with the County.
Supervisor Bradshaw noted that he intends to have a meeting on the
workforce development center and present the "white" paper. He stated that
the Paul D. Camp Community College Board meets next week, and he has
requested that the "white" paper be presented from the County's delegation.
Supervisor MacManus noted that he would be addressing the
workforce development center issue at the Intergovernmental Committee
meeting in an effort to solicit the support of the two (2) surrounding towns.
//
Chairman Clark called for New Business.
Supervisor Bradshaw moved that the Information Services Coordinator
create a space on the web site entitled "transportation" and include the Six-
Year Plan with a link for citizens to communicate transportation concerns to
staff. The motion was adopted by a vote of (5-0} with Supervisors
MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor. Wright reported that he and Mr. Robertson had met with
Mr. Barry W, Holliday, .Chief of Dredging Operations for the Army Corps of
Engineers, in Washington, D.C. yesterday to discuss Tyler's Beach. He
noted that Mr. Holliday had indicated that he would be willing to further
investigate if the dredged material could be deposited at Craney Island.
Supervisor MacManus commented that he wondered if it would be
possible to utilize the funds that Congressman Forbes had secured for the
new site approved on Lawnes Creek. He stated the County needs to move
with haste to get the fishermen back in their boats.
Supervisor Wright suggested that when the .Pagan River is dredged, the
County could obtain a change order and list Hurricane Isabel as the basis for
placing the dredged spoils at Craney Island.
//
County Attorney Stroman requested the Board enter. a closed meeting
under. Section 2.2-3711.A.7 of the Freedom of Information Act to discuss
two (2) legal. matters involving the County's ability to accept a proffer and
disposition of proceeds from litigation, and one (1) personnel matter under
2.2-3711.A.1 specifically regarding the evaluation of the County
Administrator.
Supervisor Bradshaw moved the Board enter the closed meeting for the
reasons stated.. The motion was. adopted by a vote. of (5-0) with. Supervisors
MacManus, Bradshaw, Bradby, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradshaw, Bradby, 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 conveneda 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: MacManus, Bradby, Bradshaw, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
//
t
BOOR 22 ~AGf~%7U
Supervisor ~ Bradshaw moved that the Board add an Item (12),
Additional New Business, to the agenda. The motion was adopted
unanimously (5-0).
County Administrator Casket' distributed copies of a General Fund
Budget Model with five (5) year projections for the Board's information.
Supervisor MacManus noted that the projection includes $1.2 million
for increased operating costs for the new school that is opening up. He noted
that the projections indicate the County is $1.6 million short on revenues
anticipated to be needed based on an anticipated eight (8%) percent increase
due. to the assessment. He stated in order to meet obligations, a $.10 real
estate increase is needed for the coming fiscal year. He notified the Board
that he and Supervisor Bradshaw, who serve as the Board's Finance
Committee, would be meeting with the School Finance Committee to advise
of the County's financial position.
Chairman Clark moved that the Board direct the County Attorney and
Director of Planning and Zoning to advise the Board what the Crown Creek
development -would look like if it is developed with existing proffers. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Wright and Clark voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus requested a financial .impact with proffers being
revised, the financial impact as the development exists now, and what would
be the best financial decision for the Board to make.
.Chairman Clark inquired the status of the BZA recommendations.
Mr. Hartley noted that he would forward drafts to the County Attorney
for his review before they are mailed out.
/1
With respect to the vote taken by the Board following its closed
meeting on February 5, 2004 which authorized the litigation discussed in that
.closed meeting, and which was adopted unanimously by the Board,
Supervisor Bradshaw indicated that he wanted to change his vote from
"ayes" to "nay." He stated that he misunderstood the direction in which the
Board was moving.
//
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