02-15-2006 Regular Meeting1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
.SUPERVISORS HELD .THE FIFTHTEENTH DAY OF FEBRUARY IN
.THE YEAR TWO THOUSAND AND SIX
PRESENT: Thomas J. Wright, III, Chairman
Stan D. Clark, Vice-Chairman
JamesB. Brown, Jr.
,Thomas R. Ivy
Phillip A. Bradshaw:
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
E. Wayne Rountree, F.E., Assistant County
Administrator
Anne F. Seward, Assistant County Administrator
Carey Mills Storm, Recording Secretary
Chairman Wright called the meeting to order at 6:00 p.m.
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Supervisor Ivy delivered the invocation.
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The Pledge. of Allegiance was conducted.
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Chairman Wright called for approval of the agenda.
County Attorney Stroman requested -that the agenda be amended to
.include the addition of Item (3) under the County Attorney's report relative
to an update on the East-West lawsuit. Under the Closed Meeting, he
requested the addition of an item pertaining to legal advice regarding actual
litigation, an item pertaining to the acquisition of land, and two (2) personnel
matters.
Supervisor Bradshaw moved that the Board approve the agenda, as "
amended. The- motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman Wright called far Special Presentations.
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Jane March, a member of the Isle of Wight County Historical. Society,
distributed proposed. wording for the historical highway marker in Zuni at the
Blackwater River Bridge. She requested that the Board. authorize: a letter. of
commitment .for. $1,354 for FY'06-07 to pay for the expenses associated
-.with the erection of the historical highway marker.
Supervisor Bradshaw moved that .the Board authorize a letter of
commitment for ,$1,350 to pay for the expenses associated with erecting a
Zuni/Blackwater River Bridge Historical Highway Marker. The motion. was.
:.adopted by a vote of {5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and
VV~ight voting in favor of the. motion and no Supervisors voting against the
motion.
Sheriff C; W. Phelps, Chairman of the Emergency Communications
Center Board of Directors,. briefed the-Board relative to a proposed redundant
site at the Smithfield Police Department. He advised that a meeting was held
on February 10, 2006 at the Smithfield Police Department to discuss the
feasibility of a redundant site in Smithfield in the event a major catastrophe
occurred at the Emergency Communications Center located in the Sheriff s
office. He stated the need for .two (2) 911 .positions was discussed, and he
advised that the 91.1 trunk lines, which would be required to be activated at
all times, would result in a continual :cost. He advised .that the Town of
Smithfield's uninterrupted power supply system would need to be upgraded;
however, there is a new back-up generator currently at the site, He noted that.
arr~ple rack space is currently available at the Smithfield Police Department to
house the Verizon equipment, and a leasing program is available t® make the
equipment more affordable. He advised that the Emergency Communications
Center Board of Directors will be holding an emergency meeting on February
27, 2006 to discuss quotes received from the vendors, and that he anticipated
being. able to brief the Board at its March 2, 2006 meeting relative to cost,
followed by an update to the Towns of Smithfield and Windsor. He advised
-that. he has also requested IT staff to explore alternative solutions as the cost
of a redundant center is anticipated to be high.
Chairman Wright inquired as to the life expectancy of the redundant
center.
Sheriff Phelps replied it would be approximately five (5) years before
equipment in that center would need to be replaced or upgraded.
Supervisor Ivy noted that the Volunteer Fire and Rescue Organization
.had passed a Resolution at its last meeting to fully staff the proposed
redundant-center.
Sheriff Phelps advised that two (2) additional personnel for the
Emergency Communications Center will be requested during the budget
process to.provide for at least three (3) dispatchers to be on duty. at all times
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in the Center. He advised that space. needs.. must also be addressed. in the neaz
future. ,
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Chairman Wright indicated the Consent Agenda included the following
items:
A. Booker T. Estates Neighborhood Infrastructural Improvements,-
Change Order Request
B. Rollingwood Water System -Proposal. for Engineering Services
R. Stuart Royer & Associates, Inc.
C, Status Report. -School Appropriations by Category
D. Matching Funds for the Schoolhouse Museum Project
Resolution to Appropriate Funds from the Unappropriated
Fund Balance to Assist with the Schoolhouse Museum
Project
E. 2004-OS State Homeland Security . Buffer ,Zone Protection
Program
.Resolution to Accept and Appropriate Funds from the
Virginia Department of Emergency Management for the
Buffer Zone Protection. Program
F. Funding for the Historic Resource Division
. Resolution to Appropriate. Funds from the Unappropriated
Fund Balance to Establish the Budget of the Pazks and
Recreation .Department, Department of Historic Resources
Division
G. Planning Commission Action List of January 24, 2006
H. Board of Zoning Appeals Action List of February 6, 2006
L DEQ/Public Notice dated January 23, 2006
J. Delinquent Real Estate Tax Collection Monthly Report:
K. January: l9, 2006 Regular Meeting Minutes
'.Supervisor Brown moved that. the Boazd'pull Item (F), Fundingfor the
Historic Resource Division, as requested by Supervisor Ivy, and adopt the
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remaining items on the. Consent Agenda. The motion was adopted by a vote
of (5-0) with. Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in
favor of the motion and no Supervisors voting against the motion,
Regarding Item (F), .Funding for the Historic Resource Division, a
Resolution to Appropriate Funds from the Unappropriated Fund Balance to
Establish the Budget of the Parks and Recreation Department, Departmenf of
Historic Resources Division, Supervisor Ivy stated that he felt. the position
would. be better placed under the direction of the Department of Economic
Development rather than the .Department of Parks and Recreation; however,
he had not had an opportunity to discuss the matter with the .Director of
Economic Development, and he wanted to hear Mr. Small's thoughts on the
matter.
Patrick J. Small, Director of Economic Development, advised that it is
his preference to have other departments maintain and operate these
resources, and leave the Department of Economic Development responsible.
for marketing only.
Supervisor -Clark moved the. Board adopt the following Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE TO ESTABLISH THE BUDGET
OF THE PARKS AND RECREATION, DEPARTMENT. OF HISTORIC
RESOURCES DIVISION
WHEREAS,.. the. Board of Supervisors.. of the County of Isle of Wight,.
Virginia has approved the creation of the Historic Resources Division of the
Parks and Recreation Department; and,
WHEREAS, funds in the amount of twenty four thousand-two hundred
dollars ($24,200) need to be appropriated from the Unappropriated Fund
Balance of the General Fund to the FY 2005-05 Operating Budget.
NOW, THEREFORE, BEFIT RESOLVED by the Board of Supervisors
of the County of Isle of .Wight, Virginia that twenty. four thousand two
~ hundred dollars ($24,200) from the Unappropriated Fund Balance of the
General Fund be appropriated to the. FY 2005-06 Operating Budget.
BE IT .FURTHER RESOLVED that the County Administrator of the
County. of Isle of Wight, Virginia is authorized to make the appropriate
accounting. adjustment in the budget and to do all things necessary. to give
thin resolution. effect.
The motion was. adopted by a vote of (5-0) with Supervisors Bradshaw, .
Brown, Clark, Ivy and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Wright called for Regional Reports.
Chairman Wright reported that the .Board and staff had attended the
VACoN1VIL Legislative Day in Richmond.
Supervisor Bradshaw was highly complimentary. of Mr. Robertson's.
efforts in keeping the Board apprised about legislative matters impacting the
County during this session of the General Assembly. He noted that Governor
Kaine attended Legislative Day, and he appears to be supportive of local
governments.
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Chairman Wright called for Transportation Matters.
Sandon Rogers, Transportation Planner, made reference to the hst of
VDOT responses to action items. from various Board meetings through .
January 19, 2006. He inquired if the Board members had any concerns.
Supervisor. Bradshaw inquired about the status of the Route 620
project. He noted the need for VDOT to advise. the Board regarding cost
overruns on this project.
Mr. Rogers advised there are currentlyno cost overruns, and that the
project is running on time.
Chairman Wright inquired about the status of the $300,000 allocated
for fire station lights.
Mr. Rogers advised that he had not,yet"received a response to his
inquiry to the Governor's office about the possibility of transferring one (1)
of the two (2) lights proposed for the Town of Windsor to another fire station
with a greater need.
Chairman Wright requested that a study be conducted before one (1) of
the lights is transferred to another fire station.
Supervisor Clark inquired about the status of Supervisor Bradshaw's
previous motion- relative to the VDOT Tourist Oriented Directional Signage
(TODS) Program.
County Administrator Casket' advised that he had mailed a letter today,
in which he copied the Board members, addressed to Dennis. Heuer, the
VDOT District Administrator, outlining the Board's concerns and requesting
an explanation as to how. the signage recently installed relative. to Carrollton
Furniture meets the criteria of the Tourist Oriented Directional .signage
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(TODS) Program. He further advised that the letter also requested that the
County be advised of the specific criteria and guidelines that were satisfied,
and. the process involved in determining .that Carrollton Furniture qualified
under the TODS 'Program. He concluded that specific information was
requested as io what was submitted. by, or on behalf of, Carrollton Furniture
and considered as part of the decision that this establishment qualified for
such signage, and that he be advised as to why the County was not .notified
prior to the installation of the signage or provided any opportunity to submit
.comment or objection.
Supervisor Ivy inquired about the status of the warning gates for the
James River Bridge.
Mr. Rogers offered to request a comprehensive. timeline from the
VDOT Resident Engineer and advise the Board accordingly.
Supervisor Bradshaw notified Mr. Rogers that Virginia Dominion
Power's tree pruning contractors have. destroyed the wetlands that are located
in the right-of--way on Colosse Road in Carrsville:
Mr. Rogers. offered to bring this to the attention of the VDOT Resident
Engineer. He stated than any work performed in the State right-of--way
requires a permit,. and -that the area must be returned. to its original condition
following a pruning.
Mr. Rogers requested the Board's consideration of a Resolution of the
$oard of Supervisors of Isle of Wight County to designate Woody Acres
Way, Route 699, as a Rural Rustic Road.
Supervisor Clark moved that the Board adopt the following_Resolution:
..RESOLUTION OF THE
BOARD OI~ SUPERVISORS OFTSLE OF WIGHT COUNTY
TO DESIGNATE WOODY ACRES WAY, ROUTE 699,
AS A RURAL RUSTIC ROAD
WHEREAS, .during the 2002 session of the .General Assembly,
legislation was passed to revise §33.1.-?0.1 of the Code of Virginia, to allow
for the improvement and hard surfacing of certain roads deemed. to qualify
for and be designated a Rural Rustic Road; and
WHEREAS, VDOT has expressed a willingness to adopt this concept
on a pilot basis until the program is fully implemented to assist in developing
-and defining the guidelines to be used for the program;. and be evaluated by
VDOT with regard to safety, resident concerns, and environmental issues;
and
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WHEREAS, the Resident .Engineer for the Virginia Department of
Transportation concurs with this designation, and
WHEREAS, Woody Acres Way, Route 699, is located in slow-density
development .area; and has a traffic count between 50 and 500 vehicles per.
day,. and
WHEREAS, this Board is unaware of any pending development that
wilLaffect the existing traffic on this road, and
WHEREAS, Woody Acres Way, Route.699, traverses an area known
for its relaxed ambiance and should be considered for designation as a Rural
Rustic Road, and
WHEREAS; Woody Acres- Way, Route 699, -is included in the Six-
Year Improvement Priority Pian for Secondary Roads of the State System of
Highways for Isle of Wight County, Virginia:
NOW, ..THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Isle of Wight County, Virginia, we hereby designate Woody
Acres Way, Route 699, a Rural Rustic Road.
BE IT FURTHER RESOLVED; this Board requests-that this road be
hard surfaced and, to the fullest. extent prudent, be improved within the
existing right of way and ditch .lines to preserve as .much "as possible the
adjacent trees,. vegetation, side slopes -and rural rustic character along this
road in its current state.
BE IT FURTHER.RESOLVED, this Board endeavors to preserve the
rural character of this road as it pertains to development..
BE IT FURTHER- RESOLVED; that a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia Department of
Transportation.
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The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
.Brown, Clark, Ivy and Wright voting in favor of .the motion and no }
Supervisors voting against the motion.
Mr. Rogers requested the Board's consideration. of a Resolution of the
Board of Supervisors of Isle of Wight County to Designate. Blair's .Creek
Way, Route 713, as a Rural Rustic Road.
Supervisor Clark moved that the Board adopt the following Resolution;
RESOLUTION OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY
TO DESIGNATE BLAIR'S CREEK WAY, ROUTE 713,
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AS A RURAL RUSTIC ROAD.
WHEREAS, during the 2002 session of the General Assembly,
egislaton was passed to revise §33,1-70.1 of the Code of Virginia, to allow
for the: improvement and hard surfacing of certain roads deemed to qualify
for and be designateda Rural Rustic Road; and
WHEREAS, VDOT has .expressed a willingness to adopt this concept
on a prlotbasis until the program is fully irnpiemented to assist in developing
and defining the guidelines to be used for the program; and be evaluated by
VDOT with regard to safety, resident concerns, and environmental issues;
.and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation concurs with this designation, and
WHEREAS, Blair's -Creek Way, Route 713, is located in aloes-density
development area, and has a .traffic count between 50 and 500 vehicles per
day, and
WHEREAS, this Board is unaware of any pending development that
wil`1 affect the existing traffic on this road, and
WHEREAS, Blair's Creek Way, Route 713, traverses an area known
for its relaxed ambiance and should be considered for designation as a Rural
Rustic Road, and
WHEREAS, Blair's Creek Way,. Route 713, is included in the Six-Year
Improvement Priority Plan for Secondary Roads of the State System of
Highways for Isle of Wight County, Virginia;
NOW, THEREFORE, BE IT RESOLVED, by .the Board of
Supervisors of-Isle of Wight County, Virginia, we hereby designate Blair's
Creek Way,: Route 713, a Rural Rustic Road.
BE IT FURTHER RESOLVED, this Board- requests .that this road be
hard surfaced and, to the .fullest extent prudent, be improved within the
existing right of way and ditch lines to preserve as much as possible the
adjacent. trees, vegetation, side slopes and .rural rustic .character. along this
. road in its current state.
BE IT` FURTHER RESOLVED, this Board endeavors to preserve the
rural. character of this road as it pertains to development.
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer for. the Virginia Department of
Transportation.
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The motion was adopted. by a vote of (5-0) .with Supervisors Bradshaw,
Brown, Clark, Ivy and Wright voting in favor of the motion .and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that staff be directed to advise VDOT that
the. Board is requesting a monthly financial report from VD4T utilizing a
format which includes the following headings: "Project," ..Name,"
"Project Amount," and "Actual Amount Expended." The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brawn, Clark, Ivy and
Wright voting in favor of the motion and no Supervisors voting. against the
motion.
Supervisor Bradshaw requested an update on the VDOT proposed
Route 460: realignment project.
Mr. Small advised that staff had met with the Project Manager for the
public/private transportation proposal by VDOT. .He further advised that
firms interested in bidding on the project will occur over the .next sir (6)
months. He advised -that staff had extended an invitation to the VDOT
Project Manager to assist in reviewing alternative alignments in the area
where homeowners have been affected.. He. stated staff intends to organize
several community meetings within the next several weeks that- will .include
homeowners in affected area,: as well as the farming .community .with' the
hopes of getting -the homeowners and the farm community to collectively
agree to some type of solution. He noted that it would be helpful if the Board
would .endorse staff sending a letter to the. Secretary of Transportation
formally requesting on behalf. of the Board VDOT's pu ~pation in this
process. He advised that WAVY News Channel 10 and The Jmithfield Times-
have run stories. on this .and. the citizens remain unclear where the County
stands on this issue.
Supervisor Clark noted that it is ironic that VDOT is encouraging the .
private sector to bid on a road by Lune 14, 2006 even though the alignment
has not yet been established.
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Mr. Small replied that VDOT is requesting the private sectorto provide.
a design, cost, timeline and anything else associated with construction of the
alignment, and that those. proposals may or may not include state funding or
bonding. He noted that VDOT has stated in meetings with staff that. it is their
expectation than these .individuals bidding on the alignment would meet with
.County staff in an effort to work on an alignment that would be endorsed by
the Board, and include what the private proposer thinks an acceptable.
alignment would be to VDOT. He stated once VDOT receives the proposals,
a financial analysis will be performed and the County consulted to ensure that
the alignment meets the County's expectations. `
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Supervisor'Bradshaw advised that. Prince George County has a meeting
set with VDQT in March, 2006, and Sussex County has attempted, but been
unsuccessful to date, to set up a meeting.
Supervisor Bradshaw moved that staff be directed to send a letter to the
Secretary of .Transportation under the Chairman's signature requesting
VDOT's participation in community meetings .established by staff, and that -
staff remind VDOT of the earlier motion made by the Commonwealth
Transportation Board, as amended, that allows for. the County to participate
in the drawing of the. boundary of the Route 460 alignment as it comes
through the County. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors. voting against the motion.
Chairman Wright called for citizens with transportation matters.
Pete Green of Mill Swamp Road reiterated his concern with the
proposed Route 460 realignment project because of,its destruction. to the
homes in that area.. He .advised that he is desirous of discussing the
alignment with the farming community and governmentalofficials in hopes
of reaching a consensus. He advised that one news story has already been
aired on television, and several .more stories are anticipated. He advised that
in May, 2006 approximately.400 area residents are anticipated to request a
motion from the Board in support of any alignment that will avoid the
affected homes. He stated an attorney in the neighborhood has noted the.
- potential of a lawsuit as three {3) new. homes have been built since the new
alignment was drafted, but those homeowners were not apprised of the road
by the County when they received their building permits.
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Chairman Wright called for Citizen's Comments.
Mark Middlecoop requested that the County's license fees .for coin-
operated machines be consistent with other surrounding localities, and. he
..distributed to thee. Board a copy of he various licensing fees adopted by
various localities to substantiate his request. He inquired if he .could be
reimbursed if the license fee is changed by the County after he pays his fee
which is due on March 1, 2006.
.Supervisor Bradshaw stated his request for reimbursement would have
to be discussed with the Commissioner ofRevenue if, and only if, the license
fee is lowered.
Supervisor Clark moved that staff ask the Commissioner of Revenue to
review the material presented by Mr. Middlecoop,. and that she meet with the
.Board at its March 2, 2006 meeting to explain haw the current fee structure
came about, and advise if the. County is generally consistent with what other
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communities are charging. If the County is not consistent, the Commissioner
of the Revenue is requested to advise what: can be done to bring ,the County
into line. with its sister communities:. The motion was adopted by a vote of
(5-0) with .Supervisors Bradshaw, Brown, Clark, Ivy .and Wright voting in
favor of the motion. and no Supervisors voting against the motion.
Supervisor Clark requested that Mr. Middlecoop contact him again in
approximately thirty (30) days for the status of his request.
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Chairman. Wright called for the County Attorney's report.
County Attorney Stroman presented a proposed Addendum No. 1 for
Resource: International, Ltd. for professional services on a as-needed basis.
He recommended that the Board authorize the .Chairman to sign it on behalf
of the Board.
Supervisor .Bradshaw moved that the Board authorize the .Chairman to
execute Addendum No. 1 to the Professional. Services Agreement between
the County and Resource International,. Ltd. on behalf of the Board... The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,.
Clark, Ivy and Wright voting in .favor of the motion and no Supervisors
voting against the motion.
,County Attorney .Stroman presented a proposed professional services
.agreement with Raybould Associates, LLC concerning the Route 17 Master.
Plan. He recommended that the Board authorize the Chairman to sign it on
behalf of the Board.
.Supervisor Clark moved that the Board authorize the Chairman. to
execute the Professional .Services Agreement between the County and
Raybould. Associates, LLC on behalf of the Board.. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and :Wright
voting in favor of the motion and no Supervisors voting against the motion...
County Attorney Stroman advised the Board that the County's oral.
argument relative to the lawsuit with East-West Partners i set for Friday,
.March 3, 2006 at 9:00 a.m., and that he would keep the Board apprised: of
any new developments.
County Attorney Stroman noted that he had eleven (11) matters to
discuss with the Board later during the Closed Meeting.
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.Chairman Wright called for the County. Administrator's report.
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County Administrator Casket' presented a request by the Mayor of the
City of .Franklin, on behalf of the Franklin/Southampton .Economic
Development Corporation, that the County endorse that organization's
membership in the Hampton Roads Economic Development Alliance
(HREDA).
Supervisor Bradshaw briefed the Board on two (2) existing major
issues with the City. of Franklin.. He advised that even. though the County
owns U6 of the treatment plant in .the City of Franklin,. as well as the
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transmission Ines located ~n the southern portion of the County, the City of
Franklin has not been cooperative .with the County on utility matters. He
stated that the County is dependent on that system to expand utilities in that
area for. industrial and economic development. He advised that he had
attempted ten (10) years ago to establish a regional :agreement with the Cities
of Franklin and Suffolk and .the County of Southampton relative to a
community program with the Hampton Roads Sanitation District (HRSD)
whereby HRSD would take over the treatment plant owned .with the City of
Franklin and expand it to all four (4) localities. He advised that the City
Manager, Mayor and Vice-Mayor of Franklin .had spoken against it when it
:...was presented to the Franklin City Council, although they were in full
support during the c®mmittee meetings. He advised that the City. of Franklin
then approached the four (4) localities approximately two (2j years ago
relative to this same effort, although. negotiations have reached a stalemate,
He advised -that further reports will be forthcoming from staff on this matter.
Supervisor Bradshaw advised that the second issue with the City of
.Franklin inv®Ives water, He advised that the County. purchases water from
the City. and has to pay a residential rate when the water crosses the
Blackwater River. He stated the City of Franklin refuses to provide the
County any bulk water rates, which. causes .the County to have to. sell the
-water to its citizens at a higher rate in order to cover administrative costs. He
stated that the City of Franklin also refuses to work with the County on
expanding water capacity, even though publicly city officials have stated
otherwise.
.Supervisor Bradshaw advised that .the rescue. service agreement with
the City of Franklin has also not yet been finalized, and that although an
agreement was forwarded to Franklin three (3) years ago, it still has not been
brought to either governing body for a vote,
Supervisor Bradshaw stated that he is not in a position to support the
City of Franklin becoming a member of the HREDA because of the City's
-lack. of regional cooperation in the past. He stated that the County provides
over $1,000,000 to the City of Franklin through the Revenue Sharing
Agreement, but the County receives nothing in return. He stated .that the
County :also' loses between $300,000 and $500,000 in school funding from
the state because the payment increases the County's .composite index,
making a total of $1,3 million to $l.S million paid annually by the County to
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the City of Franklin. He stressed that all dealings with the City of Franklin
should be in writing.
Supervisor Brown recommended that staff provide historical
information to the Board so hat alt members will be .aware of past
differences with other localities, and can.make informed votes in the future.
Supervisor Clark indicated that despite the County's problems with the
City.. of Franklin, the request was imply to allow Franklin to join a regional
effort. The County is generally supportive of regional. cooperation.
Supervisor Bradshaw moved that the matter be tabled until the Board's
March 16, 20Q5 meeting in order to allow a meeting to .first take place with;
the City of Franklin. Staff is to bring historical information, and provide it to
the Board members. The motion was adopted by a vote of (4-1) with
Supervisors Bradshaw, Brown, Ivy and Wright voting in favor of the: motion
and Supervisor Clark voting against the motion..
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At 7:00 p.m., Supervisor .Bradshaw moved that the Board amend its
agenda in order to conduct the public hearings. The motion was adopted by a
vote of (5-0) with Supervisors .Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
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.Chairman Wright called for a public hearing on the following:
A. The application of Indika Farms, Inc. for a Conditional Use
Permit to locate three (3) Class B Manufactured Homes for farm
employees on 75 acres of land, located on Jonathan Circle,
Windsor, in the Windsor Election District.
County Attorney Stroman certified that the public hearing had .been
properly advertised.
Chairman Wright called for persons to speak in favor. of, or in
opposition to, the application.
Billy Gwaltney, President of Indika Farms, advised that the farm was
purchased from James and Barbara Holland in 1990. He stated the boiler
operation was closed by Perdue Farms in 2003 because the- location was too
far from the feed mill... He stated in July, 2004, Mr. and Mrs. Holland and
their daughter moved two (2) trailers from .the farm to a trailer park in
Windsor. He stated that he had also moved one of the trailers back in August
of 2004 so that a farm employee could -live there. He stated. that in
November, 2005,. he was notified that. due to a change in occupancy of the.
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units, a:Conditional Use Permit would be required, which was approved by
the Planning Commission in January, 2006,
Chairman Wright closed the public hearing and called for comments
from the .Board.
Supervisor Clark inquired if the persons residing in the trailer are
United States' citizens.
Mr. Gwaltney replied "yes."
Supervisor Bradshaw moved the Board approve the application of
Indika Farms, Inc. The motion.. was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors votingagainst the motion.
Chairman Wright called for a public hearing on the following:
B. An Ordinance to Amend Appendix B. Zoning. Article 1X. Signs
Section 9-1004. Temporary Signs
County Attorney Stroman verified that the Ordinance had been
.properly advertised for public. hearing, and that it was endorsed unanimously
by the Planning Commission.
Chairman Wright called for persons to speak in .favor of, or in
opposition to, the proposed Ordinance.
No one appeared in favor or in opposition to the proposed Ordinance.
Chairman Wright closed the public hearing and called for comments
.from the Board..
Supervisor Clark moved that the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND
APPENDIX B. ZONING. ARTICLE IX, .SIGNS
SECTION 9-1004. TEMPORARY SIGNS
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WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, .strongly supports .freedom of speech as protected by the :United
Staten Constitution and the Constitution of the Commonwealth of Virginia;
and:
WHEREAS, .the Isle of Wight County Board of .Supervisors is also
concerned about. the appearance of public and private lands within Isle of
Wight County, and seeks to ensure a cleaner environment for the County's
citizens.
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NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight
County Board of Supervisors that. Article IX of the Isle of Wight County
Zoning Ordinance be amended to add Subsection 4. to subsection (C) of
Section 9-1004 as follows:
9-1004 Temporary Signs
C. Political Campaign Signs
4. Such- signs. shall. be removed within seven (7) days
following an election, canvass or primary.
:The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark,; Ivy and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Supervisor Bradshaw moved the Board return to the regular .order of
the .agenda. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Wright called fora the continuation of the.. County.
Administrator's-report.
County Administrator Casket' stated pursuant to the Board's :previous
direction, the .County ..Attorney has prepared a Memorandum of
Understanding. by and between-the Board and the Sheriffs Office for the
transition of supervision of Animal Control to the Sheriff s Department.
Supervisor. -Clark moved that the Board authorize the Chairman to
execute -the Memorandum of Understanding, as presented. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and.
Wright voting. in favor of the motion and no Supervisors voting against the I
motion.
..County Administrator Casket' stated pursuant to the Board's previous
direction, the County Attorney has prepared a Memorandum of
Understanding by and- between the Board and the Commonwealth's'
Attorney's office for the transition of supervision of the .office of Victim
Witness to the Commonwealth's Attorney's. office.
Supervisor Ivy moved that the Board authorize the Chairman to execute
the Memorandum of Understanding, as presented. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting infavor of the motion and no.Supervsors voting against the motion...
IS
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Donald T. Roberson,. information Resource Manager, briefed the. Board
relative to critical legislative issues under consideration by the members of
the General Assembly. He advised that transportation remains the primary.
topic of discussion, and that Governor Kaine will be holding three (3) town
meetings around the state to further explain his ideas relative to
transportation. He advised that the House. of Delegates intends to take
significant monies from the general. fund to finance its transportation plan.
He advised that House Bill 94 was significantly amended, and that
while local governments continue to have -some powers of imminent domain,
local .governing bodies can not subsequent to the acquisition of that property,
transfer it to a private entity. He stated many local governments are
concerned as it relates to economic development opportunities and
condemnation of homes that might be restored. and .returned to the .private
sector. He advised that there is a companion Bill on the Senate side that may
have the. potential of being enacted. He advised that there would also very
likely be a tax holiday in the state of Virginia that will allow parents to
purchase clothing or supplies for their. children, and that both the state and
localities would see some impact to their tax revenues. He stated the
anticipated: Loss of local revenues statewide is $700,044. He advised that the
hunting bill under consideration infringes on the County's. local authority to
protect. its citizens has been substantially. amended, and he is continuing to
. monitor its He advised that he would continue to track federal legislation
with respect to telecommunications and franchise agreements, as there are
two (2) pieces of proposed legislation that contain provisions to take away
any .local authority to create a franchise.. He noted that he would keep the
Board apprised of any new developments in that regard:
//
.Chairman Wright called for Appointments.
Supervisor -Ivy appointed Peg Hoagland, replacing Feter M.
Stephenson, to serve on the Beautification- Committee. The motion was.
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and
Wright voting. in favorof_the motion and no .Supervisors voting against the
motion.
Supervisor Brown moved to appoint Supervisor .Clark, replacing
former Supervisor.Henry H, Bradby, to serve on the Commission on Aging
until Supervisor .Brown can resign his position on the Planning Commission.
.The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, ,Clark, Ivy and Wright voting in favor of the motion and no
.Supervisors voting against the motion.
Supervisor Bradshaw. requested that. Mr. Robertson investigate whether
or not a Board member is required to serve on the Commission on Aging.
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Supervisor Bradshaw moved that Hazel Edwards be reappointed to
serve on the Southeastern Tidewater Opportunity Project. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and
Wright voting in favor of the motion and no Supervisors voting. against the
motion.
E. Wayne Rountree, P.E., Assistant County Administrator, .reported
that most, if not all, appointments have expired on the Transportation Safety
Committee. He noted that some individuals do wish to be reappointed, .and
that he would return to the .Board with a recommendation for appointments
following a meeting that has been set for March, 2006.
//
Chairman Wright called for Old Business.
County Administrator Caskey stated that included in the agenda i~ the
issue of carryover. funds for the schools, which was discussed at the Board's
February 2, 2006 meeting and carried over to this meeting for further
discussion.
. Supervisor Bradshaw inquired as to the balance in the school's ~~
construction fund.
Liesl R. DeVary, Director. of .Budget and Finance, advised that the
amount. is $68,6.00.
Supervisor Bradshaw moved that staff be directed to take the funds
from the Capital Budget, and that the Board .would not approve the carryover
of the three (3) purchase orders from the Operating.Budget.
The Board delayed voting on Supervisor Bradshaw's motion at this I
point, and Supervisor Clark proceeded to inquire how the schools intended to `
spend the funds that remained in the construction account.
Steve Jenkins, Budget and Finance Director for the schools, advised ~
that there are still a number of outstanding items that. need. to be addressed at
the Smithfield Middle School, such as the alarm system that connects the
middle school to the adjoining high school. He noted that this item was not
foreseen earlier. He added that there are approximately $65,000 in
outstanding items that have also not been addressed because the alarm issue
had not been. resolved. He advised that the remaining funds in the capital
improvement fund could go towards the purchase orders; fiowever, there are
.seven (7) items, as followsthat havenot been addressed: magnetic doors;. .
telephone tie-in at Smithfield High.. School; bus modifications; drainage
issues at two (2) ..locations on the property; and, the installation of video
monitors in the cafeteria and other public places. He requested that the Board
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advance the: operating. funds so that those iterris can be addressed. He stated
that while these items could have been charged to capital, .they .were not e
because staff felt there would not be sufficient funds.
.Supervisor Bradshaw requested that the cost overruns associated with
the. new Smithfield Middle School be detailed for the Board.
Peter Andrew,. Construction. Manager, advised the Board: about
drainage issues occurring at the back and .front of the school facility of which
.staff had :been made aware toward the end of construction. He advised that
staff had waited to see if there were any funds left to fix them, He stated with
respect to the alarm system, the engineer had attempted to tie the two (2)
systems together; however, the existing system at the high school began
experiencing false alarms, and staff proceeded to request the contractor to
bring the system up-to-date in order to work with the new system, resulting
irr an added cost of $25,000.
Supervisor C}ark stated it is the responsibility of the contractor to fix _
the .alarm system, not the County, and that the School Board's attorney is
.responsible for ensuring that the contractor lives up to his responsibility,
Mr. Andrew stated that the existing alarm system at the Smithfield
High School is a totally different system than the one installed to service the -
SmithfieldMiddle School.
Chairman Wright noted that there had not. been problems associated
with the existing system until the contracted attempted to tie in the new
system. He noted even with an acceptable level of design. errors and.
omissions from the contractor, the change orders were still over $500,000.
Mr. Andrew advised that there were only $270,000 in change orders on
the .entire construction of the building.. He said that some change orders
related to site work.
Supervisor Ivy stated that he was unsure why, if the schools needed
additional funding for improvements, that .the funding,. would not be
appropriated from capital funds.
Mr. Jenkins explained that there .were three (3) .purchase orders for
instructional 'items and :furniture for the inside of the school, and. that the
funds had been taken fr®m the Operating. Budget in the spring of 2005. He
noted- that fhe Board. of Supervisors had approved a resolution allowing the
schools to .roll over funds left in the fiscal 2005 budget to liquidate all
purchase orders issued against the Operating Budget for FY2005, all of
which were approved except for the three (3) purchase orders above.. He
stated that he is not concerned whether the funds are rolled into the Operating
or Capital Budget, but that the Operating funds left in the FY2005 budget be
rolled in the FY2005 budget, He stated if the Board does not approve this
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request, the schools will. have to utilize funds in the Capital Budget in order.
to liquidate these items, and that there remain a number of unresolved issues
in the Capital Budget.
Supervisor Bradshaw inquired what. staff person is being held
accountable for the mismanagement of the school construction project with
respect to the $500,400 overrun. He recalled that he had sat on the Finance,
Committee, and that it was he who convinced the Board of Supervisors to
fund the additional $2,000,000 so that all the items which needed to be
.included were included. He stated. that these projects. had been included in
the original project. '
Mr. Jenkins replied with respect. to items. purchased out of the FY2005
budget, school staff realized there was a problem; the funding was identified;
-and the problem was resolved.. He stated that the problem with. the alarm
system was. not foreseen because. there is a wide gap image associated with
the two (2) systems.
Supervisor Clark stated that he disagreed because.. any contractor,
before bidding~on a project, has to review the system, and that by`bidding on
the project, the contractor is implying that the systems could be linked and
would work in concert with each other. He stated this should have been
included in the contract, and that whoever is reviewing the performance. of
..the contractor, and not recommending a lawsuit, is not doing his job properly.
Mr. Andrew reiterated that the system atthe Smithfield High. School is
a totally different system, and it had been: operating properly when the project
began. He explained that the new system in ahe Smithfield Middle School is
supposed to take the signal when the alarm goes off :and .call the fire
department, which it does, except that there are now false alarms occurring in
the old system at the Smithfield High School facility. which is maintained by
a private firm.
Chairman Wright stated that. the electrical engineer should have known.
from the beginning that these are not compatible systems...
Supervisor Brown noted that .when he was a member of the School
Board, he recalled. that there were HVAC systems which were installed, and
over time, had to be replaced with improved sensors and other transmitters
.which- resulted in not being compatible with- the existing equipment., He
stated that it is sometimes difficultto determine the components of a system.
Supervisor Ivy stated that he was not sure why a contractor would be
held responsible for an existing alarm system that was failing.
Supervisor Clark stated it was the. contractor's job. to link the two (2)
systems together in a workable manner, and if he linked up a system that does..
..not work, he has not accomplished anything. He stated that this. contractor
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had .not done a~ proper evaluation of the link-up .capability, -and now .the.
schools are requestingthat the Board of Supervisors pay the bill.
Mr. Andrew stated that the contractor had done his job satisfactorily,
and that these are two (2) totally separate systems.
Supervisor Clark stated that. he disagreed as the. contractor was
;supposed to have linked the two (2) systems together in a way that worked,
and- one (1) of them is not working.
Supervisor Bradshaw rioted that the schools have already paid the bills
from the school's Operating Budget, and regardless, now they need the funds
for those bills that they have already paid.
Mr. Jenkins advised -that the purchase. orders being requested to be
.rolled over. have already been paid because school staff was confident that the
Board would. authorize the funds to be rolled over. He stated that this is the
first. request for :additional funds that the Board has denied in his three (3)
.year tenure. He stated the schools are requesting the additional funding to
.address seven (7) issues, of which the alarm system is only one (l) item, at a
cost of $23,000, of the, total amount being requested..
Chairman Wright requested clarification on how school staff intends to
spend the additional funding..
Mr. Jenkins replied that. funding. is being requested for the-three (3)
purchase orders, as follows: $35,000 for classroom furniture; $17,000 for
video studio .equipment; and, $10,000 fora different vendor for video studio
equipment, which equals a total amount of $62,000 in outstanding-purchase
orders at the end of FY05.that were paid inthe current year. He stated ifthe
Board does not agree to roll over the funds, school staff will be forced to take
the funds from the capital project, which will result in insufficient funding to
address the alarm system and several items that have come. up that- he
normally. would have considered routine given the- nature and size of this
project.
.Supervisor Bradshaw stated he has never known the school system to
spend ah its funding, while he has known the schools to spend any leftover
funding during the last week of the fiscal year.
Chairman Wright noted that it has come. to his attention that the schools
are expecting teachers. to bring in their own paper.
Supervisor Bradshaw. commented that he has heard this complaint
...every year, and that itdoes not occur in just one (I) of the schools, butin all
of them.
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Supervisor Clark stated that he understands the need for additional
funding due to an increase in fuel or steel costs; however, he does not agree
with someone not being held accountable for missing items in contracts, and
that the contractors are not being held to adequate standards.. He stated the
Board of Supervisors receives money back from .contractors regularly where
they have not performed their job satisfactorily; however, he has not seen the
school administration directing .its attorney to seek relief from the
contractors. He stated it is not the local governing body's job to pay for the
mistakes of others.
Supervisor Bradshaw .stated that unfortunately the persons who are
responsible for these mistakes are not the persons who are .going to be
penalized. He stated it is the kids and teachers that will be penalized, and that
he does not want to see that happen.
Supervisor Bradshaw again. offered his earlier. motion, and-moved that
the Board direct staff to take the funds from the Capital Budget, and that the
$oard would not approve the carryover of the three (3) purchase orders from
:the Operating Budget.
Supervisor Brown advised that there are issues that the Board is not
aware of, and that are not appropriate for discussion in open meeting, that he
would like to discuss them with the Board in Closed Meeting.
Based on the comments offered by Supervisor Brown, Supervisor
Bradshaw withdrew his .motion.
Supervisor Bradshaw moved that the Board :further consider the. request
following Closed Meeting. The motion .was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors voting against the motion..
Emily G. Haywood,: Director of Human Resources, stated that pursuant
to the Board's discussion, staff had revisited the issue of the County's health
insurance renewal and eligibility, and: included in the agenda is a cost
analysis revision reflecting the County picking up 100% of the cost increase
- for the HMO-plan, at a cost to the County of $34,000, and containing a slight
increase. in the contribution amount for .employees utilizing the PPO plan.
Supervisor Bradshaw moved that the Board accept staff s
recommendation to cover the additional cost associated with the County
covering 100% of the cost increase -for the HMO plan and equivalent
contribution to the PPO plan .for the 2006-07 insurance renewah The motion
was adopted by a vote of (5-0) with. Supervisors Bradshaw, Brown, Clark,
Ivy and Wright. voting in favor of the motion and no .Supervisors voting
against the motion.
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County Administrator Casket' presented the matter of the Rt. 58
Business Revitalization Committee for the Board's consideration.
Supervisor' Clark requested confirmation .that the Board would not be
obligating itself to future funding by approving the Action Plan.
Supervisor Bradshaw noted. that the .action by the Board .tonight is
related to the Strategic, Plan, the Comprehensive Plan, and is in conjunction
with the .Capital Improvement Plan. He stated that staff still needs to
- provided a recommendation with respect to the Master Water and Sewer
Plan..
Following an inquiry by Supervisor Clark on when the Route I7
Action Plan was accepted by -the Board, Mr. Rountree was directed to
research and provide. a report back to the Board at its next meeting.
Supervisor Bradshaw moved. that the Board authorize approval of a
change to the'Rt. 58 Business Revitalization Committee's name to "Southern
Development Committee." The motion was. adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the }
motion and no Supervisors voting against the motion..
Supervisor Bradshaw .moved. -the Board authorize adoption of the
Southern Development Committee's Action Plan.. The motion was. adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw offered to meet with staff to clarify beautification .
issues and to ensure that -York County's procedures are incorporated.
//
Chairman Wright called for New Business.
Supervisor Clark noted. that he had previously circulated a letter
relative to a litter complaint. He inquired if the same :complaints are being
received at the other convenience centers in the County.
Chairman Wright indicated that there had been a problem at the Orbit
'convenience. center, but it had been addressed.
Supervisor Clark moved that the County Administrator be directed to
bring the matter of litter complaints back to the Board for further discussion
during the spring. In the meantime, Mr. Robertson is to continue working
with `the Sheriff in this regard. The motion was adopted by a vote of (5-0)
with..-Supervisors Bradshaw, Brown,.. Clark, Ivy and Wright voting in favor of
the motion and. no Supervisors voting against the motion.
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Supervisor Bradshaw moved to direct staff to review, analyze and make
a recommendation to the Board with respect to establishing a coyote bounty
for the County. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, .Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Bradshaw. moved-that the Board authorize staff to .contact
Marilyn Blake in Hanover County, Chair of the NACo 2007 Committee, to
notify her that the Board will support and .host a bus during the :2007
Jamestown celebration; that the bus: will be called the "Isle of Wight County"
bus; and, that staff be directed to look at how tourism can be promoted, i.e.,
having ham biscuits and peanuts on the bus ride,. or County pins.. The motion
was adopted.. by a vote of (5-0) with Supervisors Bradshaw,. Brown, Clark,
Ivy and Wright voting in favor of the motion. and no Supervisors voting
against the motion.
Supervisor Bradshaw further moved that .the County Administrator be
directed to allow and encourage staff to be volunteers for the NACo 2007
Conference in Richmond. The motion was adopted. by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting, in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw distributed information. outlining .the rules and
procedures by which citizens are allowed to make comments during School
Board meetings. He noted -that he would be bringing this matter back up at a
future meeting.
Supervisor Bradshaw_moved to direct staffto consider the feasibility of
a joint meeting of the School Board, the Constitutional Officers and the
Board of Supervisors. An outside consultant should be brought in to discuss
ideas for the future of the County, i.e., what we see as the vision of the
County today, and where we want to go in the future. The purpose of the
meeting is to ensure that we are all moving in the same direction, and is an
effort to move away from some of the confrontations as seen tonight with the
School's Budget and Finance Director. Staff is to review the .feasibility and
come: back with recommendations to the .Board.. The motion was adopted by
a .vote. of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and .Wright
voting in favor of the oration and no Supervisors voting against the motion,
Supervisor Bradshaw moved to direct the County Administrator and '
staff to develop a comparison between the..County and Amherst County to
determine what Amherst is doing. with respect to its total budget, which is
less than the County's school's budget. Staff is to use this as an opportunity
to learn. The motion was adopted by a vote of (5-0) with .Supervisors
Bradshaw, Brown, Clark,lvy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
23
Supervisor .Bradshaw moved to direct .staff to .review the City of
Franklin's postal routes. for. residents that reside in the County .and request.
that the postal service move these to the Carrsville postal office. The. motion
:was adopted by a vote: of (5-0) with Supervisors Bradshaw, Brown, Clark,
Ivy and Wright. voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved tb direct staff to send the .letter received
from a school employee at Smithfield High School to the School Board
informing them that the Board is acknowledging receipt bf the letter. The
.motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Ivy and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved to direct staff, as we are moving through
the budget process, to perform an analysis and review of the feasibility of
providing insurance for County retirees. The motion was adopted by a vote
of {5-0) with` Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw noted for the Board's information that James City
County had approved the NACo drug plan.
County Attorney Stroman referred to the Board's agenda in which he
included afollow-up letter and was attempting to get a response on an
outstanding issue. He noted that he would keep the Board apprised, and that
he would report back to the. Board when he receives a response to'his letter.-
Supervisor Clark moved to direct the County Administrator to contact
the. Governor's Office and inquire if, and when, he is coming to visit the
Carrollton Elementary School.. If the Governor is planning such a trip, an
invitation to have lunch with the Board should be extended. If the Governor
is not planning such a trip, an invitation should. be extended to him to meet
with the Board whenever his schedule allows. The motion was adopted by a
vote of (5-U) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting-against the motion.
1/
County Attorney Stroman. requested. a Closed Meeting pursuant to
Section 2.2-3711.A.1 of the Freedom of Information Act relative to a
personnel. matter to discuss the assignment and salary of a specified .public
employee; pursuant to Section 2.2-3711.A.7 to receive legal advice on
probable litigation concerning a zoning violation; pursuant to Section 2.2-
3711.A.7 to receive legal advice to discuss the acquisition of private property
for a public purpose; pursuant to Section 22-3711.A.7 to receive legal advice
regarding .the Freedom of Information Act as it pertains to .,Board meetings;.
pursuant io Section 2.2-3711.A.7 to receive legal advice concerning a matter
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of non-conforming signs under the Zoning Ordinance; pursuant to Section
2.2-3711.A.7 to receive legal advice regarding the salaries. of specific public
officials; pursuant to Section 2.2-3711.A.6 concerning a matter involving the
investment of public funds; pursuant to Section. 2.2-3711.A.7 to receive legal
advice regarding. actual litigation relative to Smithfield Landing. vs. Isle of
Wight County; pursuant to Section 2:2-3711.A.1- to discuss a` personnel
matter regarding an appointee; pursuant to Section 2.2-3711.A.1 to discuss a
personnel matter relating to the compensation and performance of specified-
public employees; pursuant to Section 2.2-371 LA.3 concerning acquisition
of private public property for a public .purpose; pursuant to Section 2.2-'
371 I.A.7 #o receive legal .advice concerning contractual and other matters
that may be relevant to a proposed. budget transfer.
Supervisor Clark moved that following a ten (10) minute recess, the
Board enter a Closed Meeting for hereasons stated by the County Attorney.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,.
Brown, Clark, .Ivy and Wright voting in favor of the- motion and no
Supervisors voting against the: motion.
Supervisor Brown moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Ivy .and 'Wright voting in .favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative. recorded vote and in accordance with the
....provisions of the Virginia Freedom of Information Act; and;
WHEREAS, Section 2.2-37I2.D of the Code of Virginia requires a ~
certification by this Board of Supervisors that such closed meeting was
conducted inconformity 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: Brown, Bradshaw, Clark, Ivy and' Wright
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Bradshaw moved to direct that the sign ordinance be
referred to the Planning Commission for .its consideration and
recommendation. The motion was adopted by a vote of (5-0) with-
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board table action on the request from
the school administration until the Board's March 2, 2006 meeting, and
request that the school administration provide details of all transactions
between the Operating and Capital funds that have taken place regarding the
request that was made, The motion was, adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting. in favor of the
motion and no Supervisors voting against the motion.
1/
At 10:35 p.m., Supervisor Bradshaw moved that the Board adjourn. its
meeting. The. motion was adopted. by a vote. of (5-0) with Supervisors
Bradshaw, Brown, :Clark,., Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
omas J. fight I, Chairman
W. Doug s skey, C1 k
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