07-07-2005 Regular Meeting. 2'3 ~~
REGULAR MEETING OF THE. ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF JULY IN THE YEAR
TWO THOUSAND AND FIVE
PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice-Chairman
Henry H. Bradby
Richard K. MacManus
Stan D. Clark
Also Attending:. Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Seward, Assistant County Administrator
Administration
Carey Mills Storm, Recording Secretary
Chairman Bradshaw called the meeting to order at 4:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for approval of the agenda.
County Attorney Stroman. requested that the. following amendments be
made to the agenda:. Under Item 7, County Attorney's Report, add a report
received from staff on .the experiences of various communities with
biosolids; under Item 9, Parks and Recreation, add a change order with W. P.
Taylor regarding construction of the Central County -Park; add Item 14,
Closed Meeting, regarding four (4) items pertaining. to legal advice; one (I)
item pertaining to the investment of public funds; and, two (2) items
pertaining to personnel matters regarding salaries of County employees and
County Officers.
Supervisor Wright moved that the Board approve. the agenda, as
amended.. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and. no Supervisors voting against the motion.
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Chairman Bradshaw called for Special Presentations.
Chairman Bradshaw presented a Resolution of Appreciation to Isaac N.
Jones, III .Upon the Completion of his Services to the Smithfield Volunteer
Fire Department and the Citizens of Isle of Wight County.
Supervisor MacManus moved the Board adopt the following
Resolution:
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Resolution of Appreciation
Isaac N. Jones, III
Upon the Completion of his Services to the
Smithfield Volunteer Fire Department and the
Citizens of Isle of Wight County
Whereas, Isaac N. "Buddy" Jones, III served for seventeen years as
Fire Chief of the Smithfield Volunteer Fire Department; and,
Whereas, Isaac N. Jones, III has selflessly given of his time and energy
during his tenure as Chief to provide leadership and direction to the
Smithfield Volunteer Fire Department; and,
Whereas, Isaac N. Jones, III has spent countless hours purchasing and
maintaining the tools needed to ensure the safety of the citizens of Isle of
Wight County and the Town of Smithfield; and,
Whereas, Isaac N. Jones, III thirty-seven total years of service had a
positive impact on the safety and quality of life of the community;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Isaac N. Jones, III be recognized and commended for his
outstanding service to the citizens of Isle of Wight County and the Town of
Smithfield, and is presented this Resolution as a token of the Board's
gratitude and esteem; and,
Be It .Further Resolved, that the Isle of Wight County Board of
Supervisors. extends to Isaac N. Jones, III its best wishes for his future
endeavors and orders that a copy of this Resolution be spread upon the
minutes of this Board this seventh day of July 2005.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Bradshaw called for a presentation on the Isle of Wight
County/Smithfield/Windsor Archaeological Assessment.
Elizabeth Monroe,. Project Archeologist with the William & Mary
Center for Archeological Research, briefed .the Board on the Executive
Summary of the archeological assessment done for County and. the Towns of
Smithfield and Windsor. She stated the GIS files can be linked to the
County's database. which can be used by the County as a reference for future
planning. She stated the assessment will help in prioritizing areas where
archeological work might be needed, and it is one (1) of the steps towards
receiving Certified Local Government status, a program that provides grants
for historic preservation projects.. She stated included in the assessment is an
inventory of cemeteries performed by the Gravesite Survey Task Force which
has recorded over 12,000 individual headstones in over seventy (70)
cemeteries. She advised that the results of the assessment indicate that the
County contains sites that represent every time period of human occupation
for the region, and is home to sites of national and international significance.
She noted of the most common types of sites are historic farmsteads and
prehistoric camps. She stated conclusions are based on what is known from
sites that have. already been identified, which means that results are
influenced by survey coverage. in the County, and are subject to change as
information is added. to the database. She stated it is recommended that this
assessment be updated on occasion in .order to incorporate any new
information.
Supervisor MacManus inquired if Ms. Monroe would be briefing the
Towns of Smithfield and Windsor on the archeological assessment, as well.
Ms. Monroe advised that representatives from the Town of Windsor
were presented at the power-point presentation that was shown at the public
meeting.
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Supervisor Bradby inquired what was the most significant area of the
County.
Ms. Monroe stated based on information at this .point, she believed
Bass' Choice on the James River located not far from Fort Boykin.
Supervisor Clark moved the Board accept the Archaeological
Assessment Report, as recommended by County Administrator Caskey. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Bradshaw called for a special presentation from the
Chairman of the Newport Development Service District (NDSD)
Revitalization Committee.
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Fred Walls noted included in the agenda are the Committee's
recommendations to carry out revitalization activities along the Route 17/32
corridor. He noted if the Board would approve the recommendations as a
plan of action, the Committee would individually bring back action items to
the Board.
Supervisor MacManus inquired if the Committee had discussed the
possibility of eliminating billboards and eliminating auto junkyards.
Mr. Walls stated the County's ordinance addresses any future auto
junkyards and the maintenance of any existing structures. He stated tie
Committee's scope of work was to encourage existing businesses to improve
the appearance of their property in an effort to revitalize the Route 17/32
corridor.
Supervisor-Clark advised Mr. Walls that the Board envisions acquiring
right-of--ways and using shrubbery and landscaping to hide unattractive areas,
although it has not yet established a budget for the acquisition of properties.
.Supervisor MacManus noted that the Board had set aside funds for the
strategic acquisitions of land, where appropriate.
Mr. Walls stated the Committee's initial concern was to develop
methods by which the. existing landowners could make improvements to their
properties, which is a long-term process.
Supervisor MacManus recommended a more aggressive approach be
taken, and he inquired if the business incentive for improvements on a 50/50
match was based on York County's ordinance.
Mr. Walls stated percentages and architectural issues were discussed, to
include .landscaping design, which would allow the landowner to purchase
the .improvements, and the Committee would provide the design.
Supervisor MacManus recommended loans or grants be secured -that
could be spread over a period of time, which would allow the landowners to
get it back over time provided they maintained their property. He pointed out
that maintenance of their properties is not addressed once it is brought up to a
certain level which causes him concern because the County will be
participating on a SOI50 match contribution.
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Supervisor Clark stated York County obtains a landscaping easement
which allows that county to maintain it; however, York County has the staff
to maintain it, and the County does not. He recommended plants be selected
that are climate appropriate.
Supervisor MacManus inquired if there was a .charge to landowners
who do not maintain their properties. He recommended that if financial
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incentives were. offered to property owners it might cause them to revitalize
their areas sooner versus over a ten (10) year period.
Supervisor MacManus offered to refer his other comments and
recommendations to Debbie J. Sivertson, Assistant to .the .County
Administrator, as recommended by Chairman Bradshaw. He indicated that
he would also attend the Committee's meetings and provide his input.
Mr. Walls stated that the Committee had discussed the importance of
consistency with respect to planning and zoning issues along the Route 17/32
corridor, ensuring that both the Board and the Department of Planning and
Zoning' are consistent with respect to zoning issues.
Supervisor Clark moved the Board .accept the Newport Development
Service District (NDSD) Revitalization Committee's report. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against .the motion.
Chairman Bradshaw called for a presentation on the PEG Channel
Video Broadcast.
Walter Baker, PrimeMedia, presented a video broadcast. presentation
illustrating the types of programs that could be implemented on the County's
PEG channel
Supervisor MacManus advised Mr. Baker that he would have staff
provide him with any video tapes received from the Virginia Association of
Counties (VACo) that contain information beneficial to County residents for
inclusion on the PEG channel. He further advised Mr. Baker that if he would
let Mr. Hornbaker know his preference, the County would request
information in his. preferred format.
Supervisor MacManus inquired if the pricing. could be included in the
contract to videotape the affordable housing forum scheduled for July 28,
2005, and place it on the PEG channel even though the contract does not
begin until September 1, 2005.
Mr. Baker replied that he could tape the forum for a price of $700.
Supervisor MacManus requested that a VHS/DVD be produced of all
events that run on the PEG channel with a message at the end of each tape
advising that such copies. are available of the event at the various local
libraries
Supervisor Clark moved the Board authorize the Chairman to sign the
contract, subject to revision based on the discussion and contingent upon
review by the County Attorney. The motion was adopted by a vote of (5-0)
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with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
County Administrator Caskey advised Mr. Baker that he would be '
contacting him with respect to the event scheduled for July 28, 2005.
Chairman Bradshaw called for a presentation on the Compensation
Study for the Department. of Social Services.
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John C. Catron, Director of Social Services, stated following his
briefing to the Board on April 21, 2005 concerning salary and turnover issues.
within that department, a salary study directed by the Social Services Board
has been conducted. and the consultant's report and recommendations have
been approved by the Social Services Board at its meeting on June 21, 2005.
He stated .that the Department of Social Services falls under the state
compensation scale, and Social Services staff did meet with the state
compensation staff who have approved the findings and recommendations of
the salary study, as well. He stated the study recommends more competitive
salaries and greater flexibility are needed to retain current staff and attract
.talented employees to that department. He stated in years past, the
Department of Social Services has requested that the state refund to that
department local funding. provided by the County for .local programs. He
requested that the Board allow the Department of Social Services to retain the
funds reimbursed by the state in June, 2005 in the amount of $106,000.
Chairman Bradshaw moved to accept the report as presented, and that it
be forwarded to staff for their .review and recommendations. Any
implementation of a pay plan will be retroactive to July 1, 2005. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman Bradshaw indicated the Consent Agenda included the
following items:
A. .Resolution to Recognize and Congratulate Michael Irwin for
Achieving the Rank of Eagle Scout
B. Resolution to Designate July 17-23, 2005 as Project Lifesaver
Week
C. School/County Consolidated Services -Status Report
D. Public Meeting for Private Waterworks System Owners to
Address Fluoride Compliance Issues
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E. County Fuel Bids
F. Resolution to Authorize the Solicitation. of Proposals for Non- '
Professional Services for- the Route 17 Corridor Design Charette_
& Master Plan
G, VACo Programs Available
H. .July 2005 -Quarterly Update of Action Steps ,
I. Action List Status Update
J. 2006 Comprehensive Plan Update Community Meeting
K. May 19, 2005 Regular Meeting Minutes
L. May 31, .2005 Regular Meeting Minutes
Chairman Bradshaw asked if there were any items for removal..
Supervisor Bradby moved that Items (C), (F), (G) and (I) be pulled for
further discussion, and. adopt the remaining items on the Consent Agenda.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wrightvoting in favor of the motion, and no
Supervisors voting against the motion.
With respect to Item (C), School/County Consolidated Services
Status Report, Chairman Bradshaw directed County Administrator Caskey to
set up a meeting between the School Board Chairman and himself. In the
meantime, Ms. Seward is to continue to work with school staff.
With respect to Item (F), Resolution to Authorize the Solicitation of
Proposals for Non-Professional .Services for the .Route 17 Corridor Design.
Charette & Masten Plan, Supervisor MacManus moved the Board adopt the
following amended Resolution to cover all of Route 17 in. the County from
the James River Bridge to the Suffolk City line:
RESOLUTION TO AUTHORIZE THE SOLICITATION OF
PROPOSALS FOR NON-PROFESSIONAL SERVICES FOR
THE ROUTE 17 CORRIDOR DESIGN CHARETTE & MATER
PLAN
WHEREAS, the Board of Supervisors of Isle- of Wight County,
Virginia has determined that it is appropriate to solicit the services of a
vendor to conduct a design Charette and develop a mater plan for the. Route
17 corridor in Isle of Wight County; and,
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WHEREAS, County staff will need to discuss and negotiate the scope
of services; as well as determine the experience and overall competencies of
potential vendors.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of Isle of Wight County, Virginia, pursuant to the
Code of Virginia, Section 2.2-4303.C (1950, as amended), authorizes County
staff to conduct competitive negotiation through a request for proposals for
the needed services noted based on its determination that competitive sealed
bidding is not a practicable means of making the most appropriate selection
of a provider of these services.
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The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
With respect to Item (G), VACo Programs Available, Liesl R. DeVary,
Director of Budget and Finance, advised Supervisor MacManus that she
would. continue to encourage the combination of property and liability with
worker's compensation insurance.
With respect to Item (I), Action List Status Update, Chairman
Bradshaw requested the County. Administrator to address with his staff any
redundant issues associated with the Report.
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Chairman Bradshaw .called for Regional Reports..
Supervisor. Clark reported that he had addressed the Hampton Roads
Partnership with regard to actions of -the Hampton Roads Planning- District
Commission (HRPDC). He stated .the Transportation Committee held a
meeting of fifty (50) community leaders from the Southside and the
Peninsula to address transportation. concerns. He noted that designated
revenue streams are needed, comprised of taxes and tolls, to include
public/private partnerships.
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Supervisor MacManus moved the Board direct the County
Administrator. to send a letter to Dana Dickens on behalf of the Board
suggesting that the candidates for Governor be invited. to address to the
Partnership their commitment to solving the transportation problems in the
region. The motion- was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, andno Supervisors voting against the motion.
Chairman Bradshaw reported that the VACo Conference is scheduled
for the month of August in Charlottesville. He also noted that the NACo
Conference would be held in Virginia in the year 2007.
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With respect to .the Western Tidewater Water Authority,- .Supervisor
MacManus reported that the permit approved by the State for the 4.3 million
gallons per day of withdrawal has gone through its thirty (30) day period for
comment.
Supervisor. MacManus reported that. SPSA has been awarded a
certificate for environmental conscientiousness. He also noted that SPSA
appears to have a $2 million shortfall this fiscal year i~ expenses versus.
revenue due to increased fuel and equipment costs, and because anticipated
levels of waste from commercial haulers was not as high as expected.
Supervisor MacManus reported that the recent Intergovernmental
Relations Committee meeting resulted in a breakdown in the County's
dialogue with the Towns of Smithfield and Windsor. He noted issues, were
presented by the Towns that had not been previously discussed with County
staff. He stated that he would be talking to Peter Stephenson and Kurt
Falkenstein on the outcome of that meeting. He advised that the Committee
has agreed to .begin. meeting every. two (2) months versus every three (3)
months.
Supervisor MacManus reported that the Tourism Advisory Committee
would have a preliminary report for the Board in July, 2005 on how the
County should be proceeding in that regard.
Supervisor MacManus advised that in an effort to :improve the
relationship between the County and the Town of Smithfield, all. employees
of the Town and County will be invited to attend a cookout scheduled for
July 22"d at the Smithfield Center.
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Chairman Bradshaw called for Transportation Matters.
Mr. Rogers advised the Board that the VDOT quarterly meeting is
.scheduled for July 26`h at 1:00 p.m. at the Hampton Roads District office.
County Administrator Caskey requested. that Mr. Rogers notify the Towns of
Smithfield and Windsor about the date of the meeting.
Mr. Rogers advised that he had mailed a letter to the members of the
Transportation Safety Committee announcing a meeting on July 20, 2005.
.Supervisor Clark moved the Board direct staff to take appropriate
.action with VDOT to request that "Children at Play" signs be installed. in the
.Ashby Subdivision. The motion was adopted by a vote of (5-0) with.
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
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With respect to a complaint received by .Supervisor Clark about
materials used by a developer in the Eagie Harbor Subdivision, Supervisor
MacManus moved the Board direct the County Attorney to advise the Board
what the County's rights are with respect to developers that are not in
compliance with VDOT road construction regulations or the .County's
Subdivision Ordinance, and include language for bonding and inspection.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Clark moved the .Board direct staff to investigate .a
complaint about vehicles for sale being located along Route 17 .and. As~iby
Way that are causing visibility problems for motorists. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor Clark noted that he had received calls from citizens
complaining about children skateboarding in their neighborhoods. Mr.
Nogiec advised that the Skateboard Park is open far use by the public.
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Supervisor Bradby requested that Mr. Rogers investigate and report
back on the status of the bushes that are in need of trimming at Fort Huger
and Tyler's Beach. He advised that there are also weeds in need of trimming
where Bradby's Lane, meets Fort Huger Drive.
Jonathan W. Hartley, Director. of Planning and Zoning, presented a
Resolution of the Board of Supervisors of Isle of Wight County, Virginia to
Support Candidate Build Alternative 1 of the U.S. Route 460 Location Study
for the Board's. consideration. He stated that open format public hearings
have been scheduled for July 19, 2005 and July 21, 2005 at Windsor High
School. He stated there is also a meeting scheduled for July 13, 2005 of the
local jurisdictions at the Wakefield Diner which he and Assistant County
Administrator Rountree will attend.
Supervisor MacManus recommended that the Board support CBA # 1
with the inclusion of an interchange at the Shirley T. Holland Commerce
Park, which is designed for truck traffic..
.Supervisor MacManus moved the Board adopt the amended Resolution
to reflect that the Board wants the interchange at the Shirley T. Holland
Commerce Park:
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRGINIA
TO SUPPORT CANDIDATE BUILD ALTERNATIVE 1
OF THE U.S. ROUTE 460 LOCATION STUDY
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.WHEREAS, the Virginia Department of Transportation, in
coordination with state and federal agencies, is .studying the relocation of
U.S. Route 460 between the Hampton. Roads Region and the Richmond- '
Petersburg Region; and,
WHEREAS, the Route 460 Corridor provides a vital thoroughfare for
economic activity, an evacuation route in the event of natural disasters, and
.provides a key military logistical route; and,
WHEREAS, Candidate Build Alternative 1 (CBA 1) is proposed to be
located south of the existing U.S. Route 460; and,
WHEREAS, this alignment limits the environmental and historical
impacts and provides an opportunity for increased commercial, industrial and
economic activity for the Town of Windsor, Isle of Wight. County and the
Commonwealth of Virginia.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Isle of Wight County, Virginia supports CBA 1 as the
preferred alternative for the relocation of U.S. Route 460.
BE IT FURTHER RESOLVED, that we, the Board of Supervisors of
Isle of Wight County, Virginia hereby request that this. alignment be
evaluated to the fullest possible extent in order to enhance and promote. the
social and economic opportunities along this corridor. Specifically, that the
proposed CBA 1 be carefully designed and coordinated with existing and
future development plans for industrial development southeast of the Town
of Windsor, including the Shirley T. Holland Commerce Park and the 1,600
acre site previously proposed as a coal storage facility by Norfolk and
Southern, which are expected to generate thousands of vehicle trips per day.
Such consideration should include. the addition of an interchange in this
vicinity.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Bradshaw called for Citizen's Comments.
Henry Morgan invited the Board to attend a baseball game on Tuesday,
July 12`h at the War Memorial Stadium in Hampton. He noted that the gates
would be opening at 6:00 p.m. and the game would begin at 7:00 p.m.
P. D. Wells, Jr. of the Hardy District expressed concern that the farm
behind him is being subdivided for a second time, and a small road adjoining
his property is overburdened as a result of development.
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Supervisor Bradby moved the Board direct the County Attorney to
meet with Mr. Wells and him to discuss Mr. Wells' issue.
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Albert- Burckard requested that the Board take the necessary action to
preserve the pump house at Jones Creek.
Jerianne Gardner reported on the recent meeting of the isle of Wight
Historical Society which discussed the visitor signs at Boykins Tavern; the
replacement of the cannon at the Courthouse; an illustration of the draft sign
for Fort Huger; and, certain unresolved issues, to include the request oi:Joe
Ferguson to name the new road leading .into the Central County Park Josiah
Parker Boulevard, and a request if the County could set aside land in the Park
for the placement of historical buildings that need to be moved.
Supervisor MacManus moved that the Board address the issues under
New Business. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Bradshaw called for the County Attorney's report.
County Attorney Stroman presented a proposed Ordinance Providing
for Authority of the County to Fine Owners of Residential Property who Fail
to Cut Their Grass. '
Supervisor MacManus recommended that. each three (3) day period
constitute a separate violation.
Supervisor MacManus moved the Board authorize the County Attorney
to advertise the amended Ordinance for public hearing at the Board's July 25,
2005 meeting to reflect that every three (3) day period constitutes a separate
violation. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
County Attorney Stroman presented a proposed contract with Gately
Communications Company, which he has reviewed and approved as to form.
Supervisor Clark moved the Board authorize the Chairman to execute
the contract with Gately Communications Company on behalf of the County.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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County Attorney Stroman presented a proposed services agreement
with James Duncan and Associates, Inc., which he has reviewed and
approves as to form.
Supervisor Wright moved the Board authorize the Chairman to execute
the agreement with James Duncan and. Associates, Inca on behalf of the
County. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
With respect to the issue of .the County considering funding for the
proposed Pig Jig event, County Attorney Stroman advised that it would be
permissible for the County to make a financial contribution as it does meet
the definition of a charity. He further advised that the Board would not be
setting a legal precedent; however, it would be setting a policy precedent, and
should the Board decide to approve the request, it should anticipate a number
of other groups. appearing before it to request a financial contributionrn the
future.
Anne F. Seward, Assistant County Administrator/Administrator,
advised the Board that staff is currently studying other non-monetary options
that will support this and other requests that come forward in the future. She
noted that staff will report back to the Board at its next meeting on all the.
options discussed.
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Supervisor Clark moved the Board take a recess. The motion. was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor. of the motion, and no Supervisors voting
against the motion.
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Supervisor Clark moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman Bradshaw. called for the continuation of .the County
Attorney's report.
County Attorney Stroman briefed the Board on the proposed Biosolids
Ordinance. He made reference to certain materials contained in the agenda
that were prepared by Rachel M. Morris, Rural Economic Development
Manager, with respect to various experiences of different communities. He
.advised that he has surveyed ten (t 0) other local ordinances. He stated with
respect to whether localities felt like their comments were taken seriously by
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the Virginia Department of Health during the permitting process, there are a
number of localities that take an active role in these processes, and far the
most part their comments are listened to, although .not to the extent they
might like in certain circumstances. He stated with respect to buffers,. the
state retains the ability as a part of the permitting process to expand buffers.
He stated with respect to testwells, the County does have an option, but it
will be at the County's expense. He stated with respect to the Right to Farm
Act, a land applicator could receive a permit to apply the biosolids, but under
the Act,. the above ground application and storage of biosolids would be an
item that an adjoining landowner could bring a nuisance action on. He stated
the Board does have until August 28,.2005 to provide its comments regarding
pending permit .applications, and if the Board wants to set the curt~nt
application for public hearing at its July 25, 2005 to gather comments, there
is .ample time to provide those comments to the Department of Health. He
stated pursuant to the Board's direction, staff. has surveyed .ten (10)
ordinances to determine if there were any items that were missing from the
County's proposed ordinance. He stated page 3, Section 14-83 includes .the
notice requirements for land application,. and the period of advance notice
was changed from 30 days to 100 days; a reference to the Board having the
option was included; Page 4, Section 14-83 now makes a reference to the
nutrient management plan and any water quality assessments; under Section
14-83, a new Item (D) has been added which requires notification by the
biosolids monitor of the adjoining landowners; under Section 14-83, a new
Item (F) has .been added which. concerns the Board's right to make
comments; under Section 14-83, a new Item (G) has been added which
provides .for signage; Page 5, Section 14-85 includes an obligation of the
applicator to promptly respond to spillage within 36 hours; under Section 14-
85, Item (E) includes additional language concerning the removal from
unauthorized lands which strengthens the violation section; under Section 14-
88, he has removed the $1,000,000 liability insurance coverage and replaced
it with an amount to be determined by the Board and to add that the County
would be a beneficiary or additional insured; and, on Page 7, Section 14-91
has been changed from a Class II to Class I misdemeanor in Virginia.
Rachel M. Morris, Rural Economic Development, noted after. speaking
with several localities, she is confident that their programs are working. She
stated some jurisdictions monitor to a great extent, while others. wait until a
complaint is made. She stated it is up to the Board as to how much it wants
its local monitor to invest time into the process. She presented pictures she
recently obtained- after attending a local monitor training class offered: by the
Department of Health. She stated she now has a bettercomfort level, and
would recommend that the Board also visit a site to see the actual process.
Supervisor Clark mentioned that he had reviewed the Farm Bureau's
insurance policy, which excludes spills and .damage done to adjoining
landowners as a result of biosolids. He stated the average farmer policy does
not cover damage to an adjoining landowner from biosolids or any other
application by a farmer. He stated in the proposed ordinance the County
14
90np 2~ ., •.31~~,
makes the land applicator liable, but not the farmer, and this really is a joint.
effort between the two (2) of them.
Chairman Bradshav~ stated that he did not believe there had ever been a
spillage incident in the State of Virginia.
Ms. Morris stated that everyone that she has made contact with has
advised. her that there have. been no spillage accidents. She stated the
consistency is not liquid, but rather it looks similar to a pile of dirt.
Supervisor Clark inquired. with if the County is only going to hold the
applicator responsible, and not the individual who actually receives the
product.
County Attorney Stroman advised that the reason that the reference is
to the land applier is because the .land applier tends to be afor-profit entity
and would have the financial means to provide meaningful financial
assurance.
Supervisor Clark expressed interest in making the applicator hold the
landowner harmless so that the landowner is not liable for damage or spills as
a result of the application of biosolids. He inquired if the County could make
the land .applicator solely liable by ordinance for damage to adjoining
landowners.
County Attorney Stroman suggested a requirement that the land
applicator indemnify the landowner from any claims would ensure against a
worst case scenario.
.Supervisor Bradby stated he is familiar with a Board member with
Charles City County who advised him that that county has never had a
problem with the application of biosolids.
Supervisor MacManus inquired what protection the County has over a
period of time, noting that if there was going to be damage, it probably would
not happen suddenly, but more likely over a period of time.
County Attorney Stroman suggested that the County's ordinance- may
need to specify a time period during which the insurance or other financial
responsibility would be in force.
Supervisor MacManus noted that while the County is the beneficiary,
he is concerned about the impacted landowner.
County .Attorney Stroman explained that if a .situation exists where
there is a spill, and an environmental hazard is created and the applier does
not tend to it promptly, the County needs to be the beneficiary to take care of
the problem. He further explained that there could potentially be a problem
15
9001E 2J =' ~'•,~~
with a land application other than a spill, such as the application of
something different than the Class B biosolids which creates an
environmental hazard. He stated the funds to address this problem would
come from the financial assurance. He stated this is different from a situation
of requiring some insurance in favor of adjoining landowners, and this is not
the path that other localities have taken.
Supervisor MacManus inquired if the County has run-off after. five (5)
years, or algae blooms such as Westmoreland County, or lakes begin to die,
who would be responsible, and would there be any benefit for the adjoining
landowner that was impacted.
County Attorney Stroman advised that a typical situation is that the
land applier will have insurance that protects them from claims, if they are
still in business.
Chairman Bradshaw stated that farmers today use stronger chemicals to
spray their fields than biosolids,. and they are currently not protected from
that.
1
County Attorney Stroman stated that he does not .believe that the
ordinance contemplates protecting adjoining landowners in the way that
Supervisor MacManus is referring to, however, it does provide an
opportunity for people who are going to be affected to join in with the
Department of Health. by monitoring, sampling,. and by requiring prompt
cleanup. He stated in terms of legal protection and requiring .insurance in
favor of adjoining landowners, he has not seen any county attempt to do so.
Chairman Bradshaw noted that individuals who reside in the County
live in a farming community, and they must accept the responsibility that
they moved here and that these types of environmental issues are going to be
present.
Supervisor MacManus requested the County Attorney investigate and
be prepared to advise him before the public hearing what the County's ability
is as a governing body to protect the citizens, and how can the County can
make the land applier responsible, if negligent, over a period of time.
County Attorney Stroman offered to research the matter for Supervisor
MacManus, and if it appears to be feasible, it could be included in the
ordinance for purposes of advertisement for public hearing. He noted there is
a difference of opinion, and he would have to advise the entire Board on that
question.
Supervisor Wright commented that biosolids would only be applied to
the same field every three (3) to five (5) years, at which .time it would be
tested for pollutants.
16
County Attorney Stroman stated. if a sample was taken and found to be
out of compliance,. then the biosolids monitor will alert the Department. of
Health and take the necessary steps from having the biosolids spread at all.
Responsive to Supervisor Clark, County Attorney Stroman advised that
there. is a requirement for bonding in favor of the County, and a provision
could also be included that would require that the land applier maintain an
adequate amount of insurance.
Supervisor MacManus inquired if the County has the ability to require
that a water quality impact assessment be performed.
County Attorney Stroman replied that while water quality assessments
have been required at the state level, information is going to be provided to
-the biosolids monitor by the applicator. He stated this is an area in which the
County is at the mercy of the state.
Supervisor MacManus commented these are not the traditional water
quality impact assessments that the Board is use to seeing.
Supervisor Clark commented .that the Board is constrained by the state
statute with respect to the buffer areas, in that they can not be increased.
County Attorney Stroman advised that the state's requirements do
preempt local authority.
Ms. Morris noted that the Board could be site specific during the public
hearing process. She stated if the Board desires to increase the buffer area
for a particular reason, a request can be submitted to the. Department of
Health.
County Attorney Stroman advised that buffers are often an issue where
a board of supervisors weighs in during the public hearing. He stated the
regulations refer to a minimum buffer, and oftentimes because the land
applicator wants his permit approved, there can be direct communication
between the County and the land applicator. He stated the Department of
Health always looks favorably on those cases where the land applicator
addresses a concern with the buffer and volunteers to increase the size. He
stated the Board can definitely influence the issue of buffers, just not in the
ordinance.
Chairman Bradshaw inquired if there is a designated County person
that is communicating with Recyc Systems.
County Administrator Caskey replied that Ms. Morris is the contact
person at this point with respect to the farming community, but that he had
.not yet designated anyone formally to interact with Recyc Systems.
17
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~o~r ?3 ~::.~ 333
Chairman Bradshaw suggested .that County Administrator Caskey
designate a staff person to make contact with Recyc Systems so that an open .
line of communication could be initiated and any concerns relayed.
County Administrator Caskey designated E. Wayne Rountree, P.E.,
Assistant County Administrator/Development, and stated he should officially
begin to communicate with Recyc Systems from this point forward.
Supervisor Clark requested that staff include a plat with all applications
so that the Board can determine what- is located in .close proximity to the
property before proceeding to make an informed decision to the Department
of Health.
Supervisor MacManus moved the Board direct the County Attorney to
advertise the amended- Ordinance for public hearing at the Board's July 25,
2005 meeting to include a requirement under the financial insurance section
to have applier indemnify the landowner on which the biosolids are being
applied, and to impose a second insurance requirement on the applisr to
maintain liability insurance in an amount deemed sufficient by this- Board
that would protect against claims of County citizens for damages. The motion
was adopted by a vote of (5-0) with Supervisors .MacManus, Bradby,
Bradshaw, .Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Clark moved that the Board authorize staff to advertise a
public hearing on the biosolids applications for the Board's July 25, 2005
meeting. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for the Community Development Report.
Mr. Rogers presented the Final Subdivision Plat of Founder's Pointe
,
Phase 2, Sections 2A, 2B, 2C and 2D, Sugar Hill Road, Route 661, Newport
Magisterial District.
Supervisor Clark noted that there are still outstanding issues with the
Homeowner's Association and maintenance of the gravesite, the clubhouse
and other issues that need to be resolved before proceeding.
Beverly H. Walkup stated staff has forwarded comments back to the
applicant for the site plan to be revised; however, issues still remain that
affect the subdivision plat.
Supervisor Clark moved the Board table consideration of the
subdivision plat until the Board's August 18, 2005 meeting. (The Board later
18
~oea 23 ..~ ~~.3~4
in the meeting changed their regular meeting date of August. 18, 2005 to
August 24, 2005.) The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the. motion.
Pursuant to the Board's discussion at its meeting on June 16, 200 with
respect to the Eagle Harbor Shopping Center BMF, staff has addressed the
items in the staff report relative to criteria, design, and capacity of that BMP.
He advised that the County does not require fencing around BMPs because of
its required maintenance, and if the Board does wish to begin considering
fencing, then he would recommend that standards be established when
fencing would be required and that it be included in the design criteria.
f
a
Supervisor MacManus stated this item has been brought to the attention
of the Breeden Company, the responsible party for any liability, and it does
not seem to think the BMP is an apparent hazard, so he would be willing to
wait until the Stormwater Management Ordinance is developed.
Mark Harrup, Planner, briefed the Board on the Planning
Commission's recommendation that. the Board approve funding for an
upcoming Affordable Housing Strategy Forum in the amount. of $2,5.00,
Supervisor MacManus moved the Board approve funding in the total
amount of $2,500 for the Affordable Housing Strategy Forum ,Speaker, as
recommended by staff; that the event be videotaped at the County's. expense;
that Mr. Graham is to work with staff to determine a convenient evening
meeting date; and, direct staff to advertise the matter in the newspapers and
invite the City of Suffolk and the members of the Hampton Roads Planning
District Commission when the matter returns to the Board. The motion was
adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw
and Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Clark absent for the vote.
//
Chairman Bradshaw. called for the Parks and Recreation Report.
.Alan S. Nogiec, .Director of Parks and Recreation, briefed the Board on
the Central County Park & Fairgrounds sign.. He stated in addition to
.communicating with the public about the Fair and other types of events, the
County will also be able to advertise public service announcements, as this
location is on a major thoroughfare of the County. He stated. the property is
zoned RAC, and. a waiver must be approved by the Board in order for the
sign to be placed at that location.
Supervisor MacManus noted in commercial establishments, the Board
has attempted to lower sign heights, and. he would .recommend that the sign
be .lowered by one (1) foot by removing "Operated. by Parks and Recreation' ;
19
go~aK 23 ~~~~33~
replace the oak tree on the sign with the County logo; and, that staff request a
recommendation from the Isle of Wight Historical Society on a name with a
historical connotation for the park.
1
Supervisor MacManus moved the Board direct staff to remove the
language at the bottom of the sign (Operated by Parks and Recreation," thus
lowering the -sign by 12"; replace the oak tree with the County logo; and,
request a recommendation from the Isle of Wight Historical Society on a
name with a historical connotation for the park. The motion was adopted by a
vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
County Attorney Stroman presented a .change order for additional work
to be done at the Central County Park. He stated staff and the contractor
have agreed that forty-five (45) days will be sufficient for the additional work
to be performed.
.Supervisor Clark moved the Board authorize the Chairman to sign the
change order with W. P. Taylor. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Authorize the
Application, Acceptance and Appropriate of TRIAD Grant Program Funds.
Supervisor MacManus moved the Board .adopt the following
Resolution:
RESOLUTLON TO AUTHORIZE THE APPLICATION, ACCEPTANCE
AND APPROPRIATE OF TRIAD GRANT PROGRAM FUNDS
WHEREAS,. the Board of Supervisors of the County of Isle of Wight,
Virginia has made application for grant funds from the State Office of the
Attorney General for the TRIAD Program;. and,
1
WHEREAS, funds in the amount of two thousand five hundred dollars
($2,500) or so much as shall be received from the State Office of the
Attorney General needs to be accepted and appropriated to the appropriate
line item in the FY 2005-06 Operating Budget of the County of Isle of Wight,
Virginia; and,
WHEREAS, a local cash match of two hundred fifty dollars ($250)
needs, to be transferred from the County Operating Contingency line item to
20
~o^~ 23 -r ~-~36
accommodate said local match in the FY 2005-06 Operating Budget of the
County of Isle of Wight, Virginia; and,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County. of Isle. of Wight, Virginia than two
thousand five hundred dollars ($2,500) or so much as shall be received from
the State Office of the Attorney General shall be accepted and appropriated to
the appropriate line item in the FY .2005-06 Operating Budget of the County
of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County- of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Donald T. Robertson, Assistant County Administrator/Operations,.
presented a Resolution to Oppose Effort to Diminish Local Real .Property
Taxing Authority for the Board's consideration.
Supervisor Wright moved the Board adopt the following Resolution to
Oppose Effort to Diminish Local Real Property Taxing Authority, as
amended to change the language pertaining to "imposition of an assessment
or other limitations" to the "elimination of the imposition of an assessment":
RESOLUTION TO OPPOSE EFFORT TO DIMINISH
LOCAL REAL PROPERTY TAXING AUTHORITY
WHEREAS, in 1926, then Governor Byrd exchanged the
Commonwealth's right to impose a real estate tax for the agreement of local
government to give up the right to impose an income tax; and,
WHEREAS, the real estate tax is a major source of local income,
representing 38% of all locally derived revenues in Isle of .Wight County;
and,
WHEREAS, as a principal source of local income for local
governments, localities rely heavily on this source of income to meet federal
and state mandates for services, especially education and public safety; and,
WHEREAS, two of the candidates in the 2005 election for Governor of
the Commonwealth (former Attorney General Jerry Kilgore and Lt. Governor
Tim Kaine) have stated as a high priority for their respective campaigns the
elimination of the imposition of an assessment or other limitations on the
residential component of the real estate tax, which would severely restrict
21
aoQK 23 ::.~3~?
localities and would constitute a breach of trust from theagreement reached
in 1926; and,
1
WHEREAS, the proposal from either candidate would weaken budget
discipline, since support for services would not necessarily be linked to he
responsibility to pay for them, and could potentially .force a greater
dependence on taxation of the business sector to support local services,
thereby harming economic development in the Commonwealth; and,
WHEREAS, in 1997, in the campaign for Governor, then candidate
James Gilmore used the repeal of the personal property tax on non-business
use motor vehicles as the cornerstone of his campaign. and that is considered
to be the reason he won the office; and,
WHEREAS, the cost to the citizens was greatly underestimated, which
has led the General Assembly to place a cap on the State's .commitment to
make its payments to localities under this plan.
LJ
NOW, THEREFORE, BE IT AND IT IS HEREBY.RESOLVED that
the .Board of Supervisors of the County of Isle of Wight, Virginia calls upon
these two (2) gubernatorial candidates, and upon all candidates for state and
federal office,. to refrain from establishing local tax policy at the state of
federal level, due to potential negative impact such action may have on the
ability of local government to deliver local services.
BE IT FURTHER RESOLVED that should a candidate or legislator
desire to impact tax policy as it relates to the real estate or other local tax the.
candidate or legislative use as the tool to address such policy tax credits or
deductions to state or federal income taxes in lieu of enacting limitations on
local taxing authority.
BE IT FURTHER RESOLVED that. it is imperative for local
government to retain sole control over the decisions which determine equity
of local taxation policy, if governing bodies are to effectively address-local
service needs.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
1
Chairman Bradshaw moved the Board adopt the proposed Legislative
Statement for inclusion in the County's 2006 Legislative Priority List. The
motion was adopted by a vote of (5-0)-with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Bradshaw moved the. Board modify its Legislative Priority.
List to include an amended Position Statement with regard to Preservation
22
poeK 23.,:.:.:338
.and Purchase of Development Rights which reflects a change of "may" to
"make." The motion was adopted by a vote_of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the
motion, and no Supervisors voting against the motion.
With respect to he Tidewater Detention Center .Fost Dispositional
Program for at-risk youth, Mr. Robertson recommended that the Board take
no action at this time.
The Board took no action.
County Administrator Caskey presented a contract. extension with
Financial Advisory Services for the Board's approval.
a
Supervisor Clark moved the Board authorize the Chairman to sign the
attached contract extension with Public Financial Management. The motion
was adopted by a vote, of (S-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Liesl R. DeVary, Director of Budget and Finance, .presented a
Resolution Providing for the Issuance and Sale of General Obligation
Refunding. Bonds, Series 2005, of Isle of Wight County, Virginia, in a
Principal. Amount Not to Exceed $16,900,000 Providing for the Form,
Details and Payment Thereof, and Providing for the Refunding of Certain
General Obligation School Bonds and General Obligation Water and Sewer
Bonds of the County for the Board's consideration. She noted. the County
anticipates a savings that exceeds $500,000.
Supervisor Clark moved the Board adopt the following Resolution,
pending thereview of the County Attorney:
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005, OF ISLE
OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO
EXCEED $16,900,000, PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF, AND PROVIDING FOR THE REFUNDING OF
CERTAIN GENERAL OBLIGATION SCHOOL BONDS AND GENERAL
OBLIGATION WATER AND SEWER BONDS OF THE COUNTY
WHEREAS, pursuant to Section 10(b) of Article VII of the
Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-
227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County,
Virginia (the "County"), has elected by affirmative vote of the qualified
voters of the County, to be treated as a city for the purpose of issuing its
bonds;
23
8Yo11 F/V ~h':r~'J~
WHEREAS, on June 1, 1995, the County issued its $8,100,000 General
Obligation School Bonds, Series of 1995 (the "1995 Bonds");
WHEREAS, on December 9, 1997, the County issued its $14,250,000
General Obligation Water and Sewer Bonds, Series of 1997A (the "1997A
Bonds");
WHEREAS, on December 9, 1997, the County issued its $5,800,000
General Obligation School Bonds, Series of 1997B (the "1997B Bonds");
1
WHEREAS, the County administration, in consultation with Public
Financial. Management, the County's financial advisor (the "Financial
Advisor"), has determined that the County can effect considerable savings by
issuing general obligation refunding bonds to refund some or all of (a) the
outstanding 1995 Bonds maturing on July 1, 2006 through 2008, in the
aggregate principal amount of $1,450,000 (the "Refunded 1995 Bonds"), (b)
the outstanding 1997A Bonds maturing on December 1, 2008 through 2022,
in the .aggregate principal amount of $10,320,000 (the "Refunded 1 y97A
Bonds"), and (c) the outstanding 1997B Bonds maturing on December 1,
2008 through 2017, in the aggregate principal amount of $3,450,000 (the
"Refunded 1997B Bonds" and, together with the Refunded 1995 Bonds and
the Refunded 1997A Bonds, the "Refunded Bonds"), and to pay the costs of
advance refunding the Refunded Bonds and of issuing the refunding bonds;
and
WHEREAS, the County's administration and the Financial Advisor
have .recommended to the Board that the County issue and sell a single issue
of general obligation refunding bonds in the maximum aggregate principal
amount of $16,900,000;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. Issuance of Bonds. There shall be issued and sold, pursuant to
the Constitution and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, general obligation refunding bonds of the
County in the maximum aggregate principal amount of $16,900,000 (the
"Bonds") to (a) provide funds to refund the Refunded Bonds, including funds
to pay principal of and premium and interest on the Refunded Bonds .when.
due and (b) pay the costs incurred in connection with refunding the Refunded
Bonds and issuing the Bonds.
1
2. Bond Details. The Bonds shall be designated "General
Obligation Refunding Bonds, Series 2005," or such other. designation as shall
be determined by the County Administrator, shall be in registered foam, shall
be dated such date as determined by the. County Administrator, shall. be in
denominations of $5,000 and integral multiples thereof, and shall be
numbered R-1 upward. Subject to Section 8, the issuance and sale of the
24
gaoK 23 ~~:.:'340.
.Bonds are authorized on terms as shall be satisfactory to the County
.Administrator; provided, however, that (a) the Bonds shall have a "true" or
"Canadian" interest cost not to exceed 6.000% (taking into account .any
original issue discount ar premium), (b) the Bonds shall be sold to the
purchaser at a price not less than 98% of the principal amount thereof
(excluding any original issue discount), (c) the Bonds shall mature or be
subject to mandatory sinking fund redemptions in annual installments
beginning no later than December 31, 2005, and ending no later than
December 3l, 2022, and (d) the refunding of the Refunded Bonds shall result
in an aggregate net present value savings of not less than 3%. Principal of
the Bonds shall be payable annually and interest on the Bonds shall be
payable semiannually on dates determined by the County Administrator.
Each Bond shall bear interest at such rate as shall be determined at the time
of sale, calculated on the basis of a 360-day year of twelve 30-day months,
and payable semiannually on dates determined by the County Administrator,
Principal shall be payable to the registered. owners upon surrender of Bonds
as they become. due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at
their addresses as they appear on the registration books kept by the Registrar
on a date prior to each interest payment date that shall be determined by the
County Administrator (the "Record Date"). Principal and interest shall be
payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be
issued to and registered in the name of The Depository Trust Company, New
York, New York ("DTC"), or its nominee. The. County has heretofore
entered into a Blanket Letter. of Representations .relating to a book-entry
system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC. or any other securities depository. for the Bonds
appointed pursuant to this Section.
In the event that (a) the Securities Depository .determines not to
continue to act as the securities depository for the Bonds by giving notice to
the Registrar, and the County discharges its responsibilities. hereunder, or (b)
the County in its sole discretion determines (i) that beneficial owners of
Bonds shall be able to obtain certificated Bonds or (ii) to select a new
Securities Depository, then its chief financial officer shall, at the direction of
the County, attempt to locate another qualified securities depository to serve.
as Securities Depository and authenticate and deliver certificated Bonds to
the new Securities Depository or its .nominee, or authenticate and delivered
certificated Bonds to the beneficial owners or to the Securities Depository
participants. on behalf of beneficial owners substantially in the form provided
for in Section 5; provided, however, that such form shall provide for interest
on the Bonds to be payable. (A) from the date of the Bonds. if they are
authenticated prior to the first interest payment date, or (B) otherwise from
the interest payment date that is or immediately precedes the date on which
the Bonds are .authenticated (unless payment of interest thereon is in default,
in which case interest on such Bonds shall be payable from the. date to which
25
80~K ~~ :h ~~341
1
1
1
interest has been paid). In delivering certificated Bonds, the chief financial
officer shall be entitled to rely on the records of the Securities Depository as
to the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certificated Bonds
will then be registrable, transferable and exchangeable as set forth in Section
7.
So long as there is a Securities Depository for 'the Bonds (1) it or its
nominee shall be the registered.. owner of the Bonds, (2) notwithstanding
anything to the contrary in this Resolution, determinations of persons entitled
to payment of principal. and interest, transfers of ownership and exchanges
and receipt of notices shall be the responsibility of the Securities Depository
and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the. Registrar and the County shall -not be
responsible or liable for maintaining, supervising or reviewing the records
maintained by the Securities Depository, its participants or persons acting
through such participants, (4) references in this Resolution to registered
owners of the Bonds shall mean such Securities Depository or its nominee
and shall not mean the beneficial owners of the Bonds and (5) in the event of
any inconsistency between the provisions of this Resolution and the
provisions of the above-referenced Blanket Letter of Representations such
provisions of the Blanket Letter of Representations, except to the extent set
forth in this paragraph and the next preceding paragraph, shall control.
3. Redemption Provisions. The .Bonds may be subject to
redemption prior to maturity at the option of the County on or after dates, if
any, determined by the County Administrator, in whole or in part at any time,
at a redemption price not to exceed 100% of the principal amount of Bonds to
be redeemed, together with any interest accrued and unpaid to the redemption
date.
Any term bonds may be subjectto mandatory sinking fund redemption
upon terms determined by the County Administrator.
If less than all of the Bonds are called for redemption, the Bonds to be
redeemed shall be selected by the County's chief financial officer in such
manner as the chief financial officer may determine to be in the best interest
of the County. If less than all the Bonds of a particular maturity are called
for redemption, the Bonds within. such maturity to be redeemed shall be
selected by the Securities Depository pursuant to its rules and procedures or,
if the book-entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may. determine. In either
case, (a) the portion of any Bond to be redeemed shall be in the principal
amount of $5,000 or some integral multiple thereof and (b) in selecting
Bonds for redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal .amount of such
Bond by $5,000. The County shall cause notice of the call for. redemption
identifying the Bonds or portions thereof to be redeemed to be sent by
facsimile transmission,- registered or certified mail. or overnight express
26
90~~ 23.,,~~34
delivery, not less than 30 nor more than 60 days prior to the redemption date,
to the registered owner of the Bonds. The County shall not be responsible for
mailing notice of redemption to anyone other than DTC or another qualified
Securities Depository ox its nominee unless no qualified Securities
Depository is the registered owner of the Bonds. If no qualified Securities
Depository is the registered owner of the Bonds, notice of redemption shall
be mailed to the registered owners of the Bonds. If a portion of a Bond is
called for redemption, anew .Bond in principal amount equal to the
unredeemed portion thereof will be issued to the registered owner upon the
surrender thereof.
4. ..Execution and Authentication. The Bonds shall be .signed by the
manual or .facsimile .signature of the Chairman or Vice Chairman of the
Board, shall be countersigned by the manual or facsimile signature of the
Clerk or Deputy Clerk of the Board and the Board's seal shall be affixed
thereto or a facsimile thereof printed thereon; provided, however, that if both
of such signatures are facsimiles, no Bond shall be valid until it has been
authenticated by the manual signature of an authorized officer or employee of
the Registrar and the date of authentication noted thereon,
5. Bond Form. The Bonds shall be in substantially the. form of
Exhibit A attached hereto, with such. completions, omissions, insertions and
changes not inconsistent with this Resolution as may be approved by the
officers signing the Bonds., whose approval shall be evidenced conclusively
by the execution and delivery of the Bonds.
6. .Pledge of Full Faith and Credit. The full. faith and credit of the
County are irrevocably pledged for the. payment of principal of and premium,
if any, and interest on the Bonds, Unless other funds are lawfully available
and appropriated for timely payment of the Bonds, the Board shall levy and
collect an annual ad valorem tax, over and above all other taxes authorized or
limited- by .law and without limitation as to rate or amount, on all locally
taxable property in the County sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds.
7. Registration, Transfer and.. Owners of Bonds.: SunTrust Bank,
Richmond, Virginia, is appointed paying agent and registrar for the Bonds
(the "Registrar"). The Registrar shall maintain registration. books for the
registration and registration of transfers of Bonds,. Upon presentation and
surrender of any Bonds at the corporate trust office of the Registrar, together
with an assignment .duly executed by the registered owner or his duly
authorized attorney or legal .representative in such form as shall be
satisfactory to the Registrar, the County shall execute and the Registrar shall
authenticate, if required by Section 4, and deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized
denominations, of the same .form and maturity, bearing interest at the same
rate, and registered in names as requested by the. then registered owner. or his
duly authorized attorney or legal representative.. Any such exchange shall be
27
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at the expense of the County, except that the Registrar may charge the .person
requesting such exchange the amount of any tax or other governmental
charge required to be paid with respect thereto,
C~
J
The Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any,. and
interest and the exercise of all other rights and powers of the owner,
except that interest payments shall be made to the person shown as
owner on the registration books on the Record Date.
8. Sale of Bonds. The Board approves the following terrrrs 'of
the sale of the Bonds. The Bonds shall be sold by competitive bid in a
.principal amount to be determined by the County Administrator, in
collaboration with the Financial Advisor, and subject to the limitations
set forth in paragraph 1, and the County Administrator shall receive bids
for the Bonds and award the Bonds to the bidder providing the lowest
"true" or "Canadian" interest cost, subject to the limitations set for<h in
paragraphs 2 and 3. Following the sale of the Bonds, the County
Administrator shall file a certificate with the Clerk of the Board setting
forth the final terms of the Bonds. The actions of the County
Administrator in selling the Bonds shall be conclusive, and no further
action with respect to the sale and issuance of the Bonds shall be
.necessary on the part of the Board.
9. Notice of Sale. The County Administrator, in collaboration with
the Financial Advisor, is authorized and directed to take all proper steps to
have prepared and distributed, in accordance with standard practices of
municipal securities, a notice of sale to advertise the Bonds for sale. Such
notice of sale shall be in a form that is not inconsistent with the provisions of
this Resolution and as the County Administrator may consider to be in the best
interest of the County.
10. Official Statement. A draft of a Preliminary Official Statement
describing the Bonds, copies of which have been provided to the members of
the Board, is approved as the form of the. Preliminary Official Statement by
which the Bonds will be offered for sale, with such completions, omissions,
insertions and changes not inconsistent with this Resolution as the County
Administrator, in collaboration with the Financial .Advisor, may consider
appropriate. After the Bonds have been sold, the County Administrator, in
collaboration with the Financial Advisor, shall make such completions,
omissions, insertions and changes in the Preliminary Official Statement not
inconsistent with this Resolution as are necessary or desirable to complete it
as a final Official Statement, execution thereof by the County Administrator
to constitute conclusive evidence of his approval of any such .completions,
omissions, insertions and changes. The County shall arrange for the delivery
to the purchaser of the Bonds of a reasonable number of copies of the final
Official Statement, within seven business days after the Bonds have been
28
so"~ 23 ,; ~~44
sold, for delivery to -each potential investor requesting a copy of the Official
Statement and to each person to whom such purchaser initially sell Bonds.
11. Official Statement Deemed Final. The County Administrator is
authorized, on behalf of the County, to deem .the. Preliminary Official
Statement and the Official Statement in final form, each to be final as of its.
date within the meaning of Rule 1 Sc2-12 ("Rule 15c2-12") of the Securities
and Exchange Commission (the "SEC"), except. for the omission in the
Preliminary Official Statement of certain. pricing. and other information..
permitted to be omitted pursuant to Rule 15c2-12. The distribution of the
Preliminary Official Statement and the Official Statement in final form shall
be conclusive evidence that each has been deemed final as of its date by the
County, except for the omission in the Preliminary Official Statement of such
pricing and other information permitted to be omitted pursuant to Rule 1 Sc2-
12.
12. Preparation and. Delivery of Bonds. After bids have been
received and the Bonds have been awarded, the Chairman or Vice Chairman
and the Clerk or Deputy Clerk of the Board are authorized and directed to
take all proper steps to have the Bonds prepared and executed in accordance
with their terms and to deliver the Bonds to the purchaser thereof upon
payment therefor.
13. Escrow Deposit Agreement. The County Administrator is
authorized and directed to execute an escrow deposit agreement .(the "Escrow
Agreement") between the County and an escrow agent to be appointed by the
County Administrator (the "Escrow Agent"). The Escrow Agreement shall
be in .such final form as approved by the County Administrator, in
collaboration with the County Attorney and the County's .bond counsel, the
execution thereof by the County Administrator to constitute conclusive
evidence of his approval of the Escrow Agreement. The Escrow Agreement
shall provide for the irrevocable deposit of a portion of the Bond proceeds in
an escrow fund which shall be sufficient, when invested in noncallable, direct
obligations of the United States' Government (the "Government
Obligations"), to provide for payment of principal of and premium, if any,
and interest on the Refunded Bonds; provided, however, that such Bond
proceeds shall be. invested in such manner that none of the Bonds. will be
"arbitrage bonds" within the meaning of Section 148 of the Internal Revenue
Code of 1986, as amended, and regulations issued pursuant thereto. (the
"Code"). The Escrow Agent is authorized and directed if requested by the
County Administrator to execute the final subscription form for the purchase
of the Government Obligations.
14. Deposit of Bond Proceeds. Either the County Treasurer or the
Director of Budget and Finance is authorized and directed (a) to provide for
the delivery of the refunding portion of the Bond proceeds to the Escrow
Agent for deposit in the escrow fund established by the Escrow Agreement,
in an amount that will. be sufficient, together with the interest thereon when
C
29
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1
1
1
invested as provided in the Escrow .Agreement, (i) to pay when due the
interest on the Refunded Bonds to the first date on which they may be
redeemed at the option of the County and (ii) to pay upon the earlier of
maturity or redemption the principal of the Refunded Bonds, plus any interest
accrued and unpaid to such redemption date, plus the applicable redemption
premium, and (b) to provide for the deposit of the remaining proceeds of the
Bonds in a special account to be used to pay the costs of refunding the
Refunded Bonds and issuing' the Bonds. Either the County Treasurer or the
Director of Budget and Finance is further authorized and directed to take all
such further action as may be necessary or desirable in connection with the
payment and refunding of the Refunded Bonds.
15. Redemption of Refunded Bonds. The County Administrator is
authorized and directed to determine which, if any, 1995 Bonds, 1997A
Bonds and 1997B Bonds shall constitute the Refunded Bonds. The refunded
maturities of the 1995 Bonds, if any, are specifically and irrevocably called
for redemption on the earliest practical redemption date after giving effect to
the requisite notice requirements. The refunded maturities of the 1997A
Bonds and the 1997B Bonds, if any, are specifically and irrevocably called
for redemption on December 1, 2007. The Escrow Agreement shall provide.
for notice of redemption to be given in accordance with the .resolutions
providing for the issuance of the Refunded Bonds to the registered owners of
the Refunded Bonds.
16. Arbitrage Covenants. (a) The County represents that there have
not been issued, and covenants that there will not be issued, any obligations
that will be treated as part of the same issue of obligations as the Bonds
within the meaning of Treasury Regulations Section 1.150-1(c).
(b) .The County covenants that it shall not ..take or omit to take any
action the taking or omission of which will cause the Bonds to be "arbitrage
bonds" within the meaning of Section 148 of the Code, or otherwise cause
interest on the Bonds to be includable in the gross income of the registered
owners thereof under existing law. Without limiting the generality of the
foregoing, the County shall comply with any provision of law which may
require the County at any time to rebate to the United States any -part of the
earnings derived from the investment of the gross proceeds of the Bonds,
unless the County receives an opinion of nationally recognized bond counsel
that .such compliance is not required to prevent interest on the Bonds from
being includable in the grass income of the registered owners thereof under
existing law. The County shall pay any such required rebate from its legally
available funds.
17. Non-Arbitrage Certificate and Elections. Such officers of the
County as may be requested are authorized and directed to execute an
appropriate certificate setting forth the expected use and investment of the
proceeds of the Bonds in order to show that such expected use and
investment will not violate the provisions of Section 148 of the Code, and
30
9QQK ~ .z~,~~4~
any elections such officers deem desirable regarding rebate of earnings to the
United States for purposes of complying with Section 148 of the Code. Such
certificate and elections shall be in such form as may be requested by bond
counsel for the County.
18. Limitation on Private Use. The County covenants that it shall not
permit the proceeds of the Bonds or the facilities financed or refinanced-with
the proceeds of the Bonds to be used in any manner that would result in (a)
5% or more of such proceeds or the facilities refinanced with such proceeds
being used in a trade or business carried on by any person other than a
governmental unit,: as provided in Section 141(b) of the Code, (b) 5% or
more of such. proceeds or the facilities refinanced with such proceeds being
used with respect to any output facility (other. than a facility for the
furnishing of water), within the meaning of Section 141{b)(4} of the Code, or
(c) 5% or more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as provided in
Section 14 i (c) of the Code; provided, however, that if the County receives an
opinion of nationally recognized bond counsel that any such covenants need
not be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of the
registered owners thereof under existing law, the County need not comply
with such covenants.
19. Continuing Disclosure Agreement. The Chairman or Vice
Chairman of the Board and the County Administrator and such officer or
officers of the .County as either may designate are hereby authorized and
directed to execute a continuing disclosure agreement (the "Continuing
Disclosure Agreement") setting forth the reports and notices to be filed by
the County and containing such covenants as may be necessary to assist the
purchasers of the. Bonds in complying with the provisions of the Rule
promulgated by the SEC. The Continuing Disclosure Agreement shall be
substantially in the form of the draft, which has been provided to .members of
the Board, with such completions, omissions, insertions and. changes .that are
not inconsistent with this Resolution.
20. Other Actions. All other actions of officers. of the -County in
conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale. of the Bonds are approved and confirmed. The
officers of the County are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as may. be
considered necessary or desirable in connection with. the issuance, sale and
delivery of the Bonds.
21. Repeal of Conflicting Resolutions.. All resolutions or parts of
resolutions in conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect immediately.
31
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The motion was adopted by a vote of (5-0) with. Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
1
County Administrator Caskey presented a request from the Treasurer
for a position within her office.
Judy A. Wells, Treasurer, explained that she has run into problems with
seasonal employees running the cash drawer system, and if the two (2) part-
time positions were combined into one (1) position, this would eliminate the
need to retrain employees on the computers. She stated this person could
also help out in the office year round. '
Chairman Bradshaw requested .the Treasurer to bring information
concerning the work activity in her Department to the Board for its review.
County Administrator Caskey presented a ,request for free office space
at the Courthouse Complex from the Public Defender's Office, and that he
would be showing him available office space at the Public Works compound
to see if it is suitable for his use.
Chairman Bradshaw requested the County Administrator provide the
Board with a recommendation of available office space at the Courthouse
Complex.
County Administrator Caskey requested that the Board give
consideration to appointing the Board of Assessors for the 2006 Assessment.
1
.Chairman Bradshaw moved the Board appoint James "Buddy" Jones to
represent the Carrsville District on the Board of Assessors. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting-
against the motion.
Supervisor Bradby moved the .Board appoint Brandon White to
represent the Hardy District on the Board of Assessors. The motion. was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
//
Chairman Bradshaw called for Appointments.
Supervisor MacManus moved the Board accept the resignations of
Robert Wiatt .and Art La Bonte on the Boykin's Tavern Advisory
Committee. The motion was adopted by a vote of (5-0) with Supervisors
1
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MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board appoint Edwin Little and
Debbie Sivertson, as recommended, to the Boykin's Tavern Advisory
Committee. The motion was adopted by a vote of (5-Q) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Bradshaw moved the Board .accept the resignation of Shirley
S. Camp from the Boykin's Tavern Advisory Committee. -The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
.against the motion.
Supervisor MacManus moved the Board recommend Ron Spivey to the
Circuit Court, Judge for appointment to the Board of Zoning Appeals. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus moved the Board appoint Kristen Wilda to serve
on the .Social Services Board. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, .Bradby, .Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board appoint Giovanni Albino and
Angela Powell, as recommended, to serve on the Youth Services Advisory
Board. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Bradshaw requested Mr. Robertson and. Ms. Sivertson to
make a recommendation .for an individual to serve on the Boykin's Tavern
Advisory Committee representing the Carrsville District.
Chairman Bradshaw moved the Board appoint the following
individuals to serve on the Carrsville Revitalization Committee:
. Ruby Rumble/Camptown
Thelma White/Camptown
Carl Harmon/Carrsville Ruritans
Hilda Harmon/Carrsville Ruritans
J.C. Jenkins/Planning Commission
W.M.. Camp/former BOS & IDA member, Businessman
Chris Carr/Carrsville Fire Department
Devin Butler/Carrsville Fire Department
Lisa Parker LittlefCarrsville PTA
33
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Anita Hasty/Carrsville, business
Susan KeeterBusiness owner
Sandra Hawkins/Business owner
Norman Holloway/Carrsville
Glenn Gaskins/Carrsville
Nunzio Misseri/Business owner
Jimmy Gray/Franklin Airport Manager
Desmond Stills/IP
Gene Crabtree/USFDA
Ben Rideout/Business owner
Roger Boone/Carrsville
The motion .was adopted by a vote of (5-0) .with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the. motion.
Supervisor Wright moved the Board reappoint Ernestine Turner to
serve on the Commission on Aging. The motion was adopted by a vote of (5-
0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting
in favor of the motion, and no Supervisors voting against the motion.
fl
Supervisor Wright moved the Board appoint Hannah W. Holland to
serve on the Tourism Relations Committee. The motion was adopted by a
vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Chairman Bradshaw moved the Board reappoint Elaine Butler to serve
on the Board of Building Appeals. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for Old Business.
The application of VA Timberline, LLC fora Conditional Use Permit
to install a central sewer collection and treatment system, using 50,000
gallons per day (GPD), to serve Lawnes Pointe Subdivision located in
the Hardy Election District.
1
Mr. Hartley advised that staff has met with the applicant who has
agreed. to the conditions contained. in the staff report.
Supervisor Clark noted that all the major concerns have now been
addressed.
34
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Supervisor .Clark moved the Board approve-the. application of VA
Timberline, LLC, as conditioned. The motion was adopted by a vote of (5-0) ,
with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in
favor of the motion, and nb Supervisors voting against the motion..
Mr. Hartley presented the proposed revised Zoning Ordinance and
Zoning Maps amendments for the Board's. consideration.
Supervisor Clark moved the Board .adopt the ~ Revised .Zoning
Ordinance text, as amended by the Errata Sheet of November 23, 2004 and
Errata Sheet #2, revised- June 29, 2005, and adopt the Amendments to the
Zoning .Maps,. both to be effective as of August 30, 2005. Staff is to ensure
that hard copies are provided to the .various local libraries, and three (3)
copies are to be provided to the Towns of Smithfield and Windsor. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors .voting against the motion.
James O'Briant, Chairman, Planning Commission, thanked the Board
for its support, .and acknowledged that credit is due staff.
Mr. Robertson reported that on June 30, 2005, t e Real Smithfield
Jaycees' lease of the old agricultural- building will nd. He stated a
substantial amount of repair to the building is necessary, as well as removal
of solvents, paints, and other items that need to be prope ly disposed of, and
which has accumulated over the last fifteen (15) to eigh een (18) years that
the Real Smithfield Jaycees have rented the building fro the County. He
stated staff will be meeting with the County Attorney reg rding the items left
in the building by the Real Smithfield Jaycees, but in the meantime, staff
would -like to proceed with repairs to the building and recommends that it be
used as a storage area for the Public Works Department.
County Administrator Caskey relayed a request to the Board from the
VFW that they wished to utilize the building.
Supervisor Clark stated that the Real Smithfield Jaycees have taken
advantage of the County by leaving thousands of dollars worth of disposable
solvents that the County will have to dispose of at taxpayer's expense.
County Attorney Stroman offered to speak with the Director of Public
Works regarding liability issues with respect to the removal of the paints and
solvents left in the building by the Jaycees.
Chairman Bradshaw moved the Board authorize staff to proceed with
rehabilitation of the Old Agriculture Building and designate the building as a
storage/workshop area for the Public Works Department, as recommended by
staff. The motion was adopted by a vote of (5-0) with Supervisors
1
1
1
35
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Wright commented on -the success of the two (2) farmers
markets in the Towns of Smithfield and Windsor.
//
Chairman Bradshaw called for New Business.
Chairman Bradshaw called for discussion relative to the Isle of Wjght
Historical Society's recommendation for Boykin's Tavern visitor signs.
Supervisor MacManus moved the Board direct staff to develop a cost
estimate to determine what the County needs to do to proceed with getting
the signs in place. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman Bradshaw moved .the Board direct staff to proceed .with
securing costs for a cannon at the Courthouse, as recommended by the Isle of
Wight Historical Society. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
The Board took no action relative to the recommendation of the. Isle of
Wight Historical Society for the Fort .Huger marker and its location.
The Board concurred to delay action until it receives a recommendation
from staff on a proposed name for the new County park.
Supervisor MacManus reported that the Smithfield Town Council had
elected Mickey Stallings as the new Chief of the Smithfield Volunteer Fire
Department.
Supervisor MacManus reported that proffers were received in the
amount of $14,329 for the homes in Mallory Pointe.
Chairman .Bradshaw noted aconflict-with his calendar and requested
that the Board change its regular meeting scheduled for. August 18, 2005 to
August 24, 2005.
u
Chairman Bradshaw moved that the Board change its meeting
scheduled for Thursday,. August 18, 2005 to Wednesday, August 24, .2005 at
6:00 p.m. with public hearings scheduled for 7:00 p.m. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
36
Chairman Bradshaw moved to formulate the creation of the Zuni
Village Revitalization Committee. The motion was adopted by a vote of (5-0)
with Supervisors MacMa~ius, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
Chairman Bradshaw recalled that the Director of Social Services had
informed the Board that his Department would receive emergency funding in
the amount. of $15,000 from the state.. He stated Mr.. Catron's original
request was to increase that amount to $30,000; however,. the Board only
allocated $15,000, and he is recommending that the Board increase the Social
Services' budget to increase the emergency funding in the current year's
budget.
Chairman Bradshaw moved the Board direct staff to prepare a
resolution to make a change to ..the Social Services' budget for emergency
services funding to increase from $15,000 to $30,000 in the current budget..
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
//
County Attorney Stroman requested a :closed meeting pursuant to
Section 2.2-3711.A.7 of the Code of Virginia to receive legal advice
concerning the acquisition of private property for public use, as well as the
investment of public funds; under Section 2.2-3711.A.7 to receive legal
advice regarding the settlement of a personnel dispute; under Section 2.2-
3711.A.1 to .receive information from staff concerning a personnel matter
relating to the salaries of County employees; under Section 2.2-3711.A.7 to
receive legal advice concerning the County's contract to purchase water with
the Town. of Smithfield; under Section 2.2-3711.A.7 to receive legal advice
regarding the payment of non-cash proffers by the Towels; and, under Section
2.2-3711.A.1 relating to a personnel matter pertaining a potential salary
supplement for a County officer.
Supervisor. Wright moved the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board return to open session. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisorsvoting against the motion.
Supervisor Wright moved the Board adopt the following Resolution:
37
onnN 23 `~53
CERTIFICATION OF CLOSED MEETING
1
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: MacManus, Bradby, Bradshaw, Clark and Wright.
NAYS: 0
1
ABSENT DURING. VOTE: 0
ABSENT DURING MEETING: 0
Chairman Bradshaw moved the Board accept the recommendation of
the Board of Equalization for the compensation for the Registrar, effective
July 1, 2005 at 6%. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Clark recalled that the Board had requested staff to include
a report either in the Consent Agenda or somewhere in the agenda package
relative to family member transfers.
Mr. Hartley replied that staff is currently working on compiling a
report for the Board.
38
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Supervisor Bradby moved the Board adjourn its meeting at 10:07 p.m.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of-the motion, and no
.Supervisors voting against the motion.
fillip A. Bradshaw, Chairman
W. Dougl s Ca ey, C erk ~