03-01-2007 Regular Meeting~GULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD 'I'HE F1RST DAY OF MARCH IN THE YEAR
TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
E. Wayne Rountree, I'.E., Assistant County
Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman ivy called the meeting to order at 4:00 p.m.
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Supervisor Clark delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman ivy called for Approval of the Agenda.
Interim County Attorney Burton requested that under Number (2),
Special Presentations, Item (A) become the introduction of Stacy Waters-
Bailey/Deputy Coordinator of Emergency Management and renumber the
remainder of the items under that section accordingly; under Number (7),
County Attorney's report, add an additional item related to the proposed
revised language for the newly enacted Noise Ordinance to provide an
exemption for agricultura] operations witll the request that the Board
authorize the County Attorney's office to advertise the matter for public
hearing at the Board's March 22, 2007 meeting; under Number (15), New
Business, add discussion of proclamations; under Number (16), Closed
Meeting, add discussion of a personnel inatter; and, under Number (15), New
Business, add an item concerning transportation legislation.
Supervisor Clark moved that the Board approve the agenda as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman lvy called for Special Presentations/Appearances.
Richard O. Childress, Director of Emergency Services, formally
introduced Stacy Waters-Bailey, the County's new Deputy Coordinator and
Emergency Planner to the Board.
County Administrator Caskey formally introduced Dr. Lisa McCoy,
Director of the Western Tidewater Health District, to the Board.
Lou Haddad, Chief Executive Officer of Armada Hoffler, addressed the
proposed Mixed Use Development Plan for the Benn's Grant project, a
public-private partnership utilizing the smart growth concept that will
encompass approximately sixty (60) acres. Currently planned are 1,087
houses with an anticipated build-out of seven (7) to eight (8) years. A
nationally recognized land-planning expert has been hired to incorporate the
aspects of this type of development, which includes rear-loaded garages via
alleys that allow for broad expanses of green in the front of the homes,
connectivity and pocket parks. Approximately eighty (80) workforce
housing units are planned. The commercial center is anchored by Walmart
on one side and a home-improvement store on the other side and filled in
with various shopping and dining services. A hotel is also planned. The
interface between the large-scale commercial development and the lower
scale pedestrian and residential development is a canal with a broad expanse
of green intended to be inviting to individuals to travel back and forth
between commercial and residential. Over 100+ acres of business park has
been proffered for sale back to the County at cost and the first phase includes
the development of a Riverside Medical Center. Thirty-five (35) acres has
also been proffered for recreation within the development that will be easily
accessible to all County residents. Extensive on-site improvements are
planned for the Benn's Church intersection, which includes a connector
between the east and west side of the County that can be continued on as the
County experiences growth. Brewer's Neck is being realigned at Route 10
whieh provides foc a greatly enhaneed intersection. Bicycle and pedestrian
paths have been designed in accordance with the County's trail plan, which
encourage movement throughout the development to the various uses. A
plan has been developed to connect retention ponds, which have been made
into water features, so that there are no adverse impacts to water quality and
drainage in the County. The Jordan home will be relocated to a permanent
site and Armada Hoffler is contributing $100,000 to its
preservation/restoration. Public infrastructure is nearly $21 million and full
cash proffers of over $12 million have been offered. The park will have
employment opportunities when fully built out of 4,653 jobs. The gross
annual fiseal impact is ~7 million and the net impact is approximately $2
million annually over a twenty (20) year period for a total of $34.5 million.
A Community Development Authority has been proffered to cover the public
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infrastructure and the bonds issued will be backed and paid for by Armada
Hoffler.
Supervisor Clark inquired how the location of the business park was
determined.
Mr. Haddad replied that the location of the park site was reached in
conjunction with staf£ He noted that the surrounding property owners did
not want to be confronted with commercial space.
Supervisor Clark inquired what type of facility would be located on the
32 acres that Riverside Hospital intends to purchase.
Mr. Haddad replied Riverside Hospital currently has a Certificate of
Need for diagnostic services and has applied for an operating room and
ambulatory services. He noted that the diagnostic services building is time
sensitive and must be opened by the Fall of 2008. He advised that the
contracts with Walmart and the home improvements store are also time
sensitive.
Supervisor Clark inquired about the standard of the proposed ball
fields.
Mr. Haddad replied that the fields would be developed according to
high school standards.
Supervisor Clark advised Mr. Haddad that he would like to discuss the
parking area with him in further detail at a later date.
Chairman ivy noted a lack of bike/pedestrian trails leading to the ball
fields.
Supervisor Bradshaw inquired if the homes proposed in Mr. Haddad's
presentation would be written up as a proffered condition during the
application process.
Mr. Daddad replied that the types of' homes to be built would be
proffered.
Supervisor Bradshaw requested a copy of a computer-based simulation
depicting vehicles moving througll the project and the Benns Church
intersection.
Supervisor Brown requested a simulation of the arterial flow from
Chuckatuck to Benn's Church, eastbound at Brewers Neck Boulevard,
northbound at Smithfield and Chuckatuck southbound from this point in time
until the year 2027.
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Supervisor Brown suggested that the ball field/soccer field be relocated
to avoid heavy traffic flow at that intersection.
Supervisor Bradshaw requested a traffic scenario be developed
depicting vehicles entering and leaving a ball game that has been attended at
full capacity in comparison to what the traffic flow would be like on a normal
basis.
Chairman lvy requested that he and Supervisor Bradshaw be provided
annual budget contributions, to include a breakdown as to how those
numbers were achieved and what type of assumptions were made to arrive at
those numbers.
Supervisor Bradshaw expressed concern with the affordable housing
standards and how they would be proffered.
Supervisor Wright requested the number of students anticipated to be
entering the school system, as well as a time table of their arrival.
Supervisor Wright inquired if Armada Hoffler intends to remain
permanently involved with the development.
Mr. Haddad assured the Board that the commercial side of this project
would be retained by Armada Hoffler for the long haul.
Supervisor Bradshaw stated he assumed Mr. Haddad would be willing
to proffer, as part of the application, that Armada Hoffler would retain the
commercial side of the project. He recalled property that was rezoned
previously that was sold by Armada Hoffler following approval of the
rezoning by the Board.
Mr. ~-Iaddad assured the Board that such a scenario would not happen
again.
Supervisor Bradshaw inquired if housing, retail or commercial sites
would be developed first.
Mr. Haddad replied the retail development, which is market driven, is
anticipated to build out in the first phase.
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Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.7 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice pertaining to the Benns
Grant project; pursuant to Section 22-3711.A.7 regarding consultation with
legal counsel requiring the provision of legal counsel pertaining to
annexation; pursuant to Section 2.2-3711.A.1 concerning the discussion and
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consideration of the retirement of certain designated personnel; pursuant to
Section 2.2-37ll.A.l concerning the discussion and consideration of
disciplinary action of certain designated personnel; pursuant to Section 2.2-
3711.A.3 concerning the discussion and consideration of the acquisition of
real property where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body; and pursuant
to Section 2.2-37ll.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to Pinewood Heights.
Supervisor Clark moved that the Board enter the Closed Meeting for
the reasons stated by the County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy 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
WI-IEREAS, 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,
WIIEREAS, 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 RESOLVF,D 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) o~11y such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
V OTE
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
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ABSENT DURING MEETING: 0
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Chairman ivy called for Regional reports.
Supervisor Bradshaw requested the Board members anticipate
receiving invitations to the post legislative session dinner meeting scheduled
for Thursday, March 29, 2007 at 6:00 p.m. at the Wakefield 4-H Center.
At the most recent meeting of the Hampton Roads P1amling District
Commission, Supervisor Clark advised that the County's legislative
delegation has expressed opposition to any of the funding streams that relate
to anything other than a gas or sales tax. He noted that the General Assembly
has proposed substantial increases in the commercial real estate property tax
rate and various fee increases for registration of motor vehicles and vehicle
inspection fees.
Chairman ivy moved the Board direct County Administrator Caskey to
draft a letter regarding the County's opposition to the current funding plan
for the Hampton Roads Transportation Authority in the form of increased
real estate and commercial real estate assessments. The letter is to state that
the Board opposes the funding formula and desires to have the authority to
determine the amount of its gas tax. The motion was adopted by a vote of
(5-0) with Supervisors Bradshaw, Brown, C;lark, Wright and Ivy voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Wright reported that a recommendation should be
forthcoming from the Western Tidewater Regional Jail Personnel Committee
concerning the selection of a new Jail Superintendent.
Supervisor Brown reported that the Southeastern Public Service
Authority would be holding a Question and Answer community meeting on
March 8, 2007 at the Smithfield High School. He noted that he would be
providing copies of a sheet depicting 26 questions to be discussed at the
meeting to the various local organizations in the area. He reported that a
presentation was provided on how the $200,000,000 debt can be liQuidated
by 2018 which has been developed into a study. He noted the Virginia Beach
representative discussed how benchmarks could be developed in meeting the
liquidation of the debt. He reported a vote was taken on approving a$95,000
feasibility study on the divestiture of the waste to energy system, which
passed.
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Chairman ivy called for Transportation Matters.
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Supervisor Wright requested that the curves on Shiloh Drive be cleaned
as they are experiencing ponding due to recent work performed by Verizon.
He advised that water has also caused the pavement to deteriorate at certain
locations.
Supervisor Brown reported severe damage to four (4) homes in Owens
Estates has occurred due to the curvature of the roadway which is in need of
repair.
Mr. Rogers offered to take appropriate action with VDOT to have the
roadway repaired.
Supervisor Bradshaw requested that Mr. Rogers contact the Babb
Brothers on Shiloh Drive concerning the limbs that are hanging over the
roadway and causing damage to their farm equipment.
Mr. Rogers notified Supervisor Bradshaw that he would be contacting
him in the near future to review the drainage problems in certain areas of
Carrsville.
Thomas Finderson notified the Board that approximately two-thirds of
the reflective posts, which provide warning for motorists of the deep ditch on
Sugar Hill Road (at the entrance of Founders Pointe) are laying on the ground
and in need of repair.
Supervisar Clark moved that the Board direct Mr. Rogers to contact
Mac Neblett and obtain a staff response as soon as possible on the Sugar Hill
Road curve at Founders Pointe. Staff is recommending from a safety
standpoint that VDOT consider the installation of guardrails at that location.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman ivy called for Citizens Comments.
Albert Burckard of the Newport District distributed copies of the
Archeological Society of Virginia Quarterly Bulletin, Volume 25, dated June
of 1971. He encouraged the Board to visit Fort Huger and see the progress
done to da~e for themselves.
Supervisor Bradshaw requested that Mr. Burckard contact him to
schedule a mutually agreeable date and time for him to visit the Fort Huger
site.
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Chairman ivy called for the County Attorney's report.
Interim County Attorney Burton presented a proposed Mutual Aid
Agreement for Fire and Emergency Medical Services between the County
and the City of Suffolk for the Board's consideration.
Supervisor Clark moved that the Board authorize the Chairman to
execute the Mutual Aid Agreement between the County and the City of
Suffolk for coordinated fire and emergency medical services between the ~wo
(2) localities. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Interim County Attorney Burton presented a proposed amendment to
the Utility Consumer Tax Ordinance to increase the utility tax pursuant to the
Board's direction. He advised that the tax is to take effect July 1, 2007 and
the State law requires sixty (60) days and utility companies are now requiring
120 days advance notice before they will implement the tax. He noted if the
Board authorizes staff tonight to advertise the amendment at the Board's
March 22, 2007, that will allow for the ] 20 days for it to become effective;
otherwise, the Ordinance would not become effective until after July ], 2007.
Supervisor Bradsllaw moved that the Board defer the amendment to the
Utility Consumer Tax Ordinance to the Finance Committee for further review
and evaluation. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization for staff to
advertise the amendment to the Noise Ordinance at the Board's March 22,
2007 meeting for exempting agricultural operations as previously discussed.
Supervisor Clark moved that the Board authorize the County
Attorney's office to advertise for public hearing at the Board's March 22,
2007 meeting the proposed revised language for the newly enacted Noise
Ordinance to provide an exemption for agricultural operations. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
Wright and lvy voting in favor of the motion and no Supervisors voting
against the motion.
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Chairman ivy called for the Parks and Recreation report.
Patrick J. Small, Assistant County Administrator, distributed an
updated report on the temporary HVAC system and the basement level
demolition efforts at the Isle of Wight County Museum. He noted a trailer
mounted ~-NAC unit and attendant duct work are anticipated to arrive
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tomorrow with installation occurring the following week. He noted currently
there is no air circulation or climate control in the building. He noted plans
have been completed by the architect for the ground floor and included in the
report is the budgetary impact which includes the installation of the ~-NAC
unit, temporary transformer for a six (6) month period, demolition and
environmental remediation efforts, which accounts for the majority of the
cost associated with t11e project. He requested permission to proceed with
bidding that work. He noted that while he did not have a total project cost or
an anticipated opening date, he could assure the Board that within the next
ninety (90) days, the building will be gutted and the climate within will be
controlled by next week.
Chairman Ivy inquired if it would be possible to open the upstairs to
the public while the basement was being demolished.
Mr. Small replied that Ms, lppolitto has been discussing that possibility
with Museum staff and there is a possibility that once the demolition is
complete the top floor could be opened on a limited basis during
reconstruction. He noted that he would update the Board on reconstruction
efforts following his meeting with the engineer and architect.
Supervisor Clark moved that the Board authorize staff to issue the
Invitation for Bid relative to demolition work at the Museum. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
Mr. Small briefed the Board on tree clearing efforts at Fort Huger,
which should be completed in the next several weeks at which time
installation of the bridge would occur, as we11 as construction of the pathway
to the parking lot He noted that the project is proceeding according to the
timeline indicated in the Board's previous agenda and substantial completion
is anticipated fo be July 1, 2007. He noted that provided in tl~e agenda is the
anticipated cost provided by the engineer relative to the balance of the needed
improvements. He noted that the ADA designed bridge will handle the
weight of a pick-up truck to allow the transport of materials in and out of
Fort Huger and the ADA designed path will have landings, handrails and
bumpers.
Supervisor Brown inquired what material the pilings are built from.
Mr. Small offered to check and report back to the Board whether the
pilings are made of steel or wood.
Supervisor Bradshaw moved the Board authorize staff to proceed with
bidding the bridge construction, parking lot area, path and walkways and
direct staff to return with a mechanism for appropriating the balance of the
required funds. The motion was adopted by a vote of (5-0) with Supervisors
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Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman ivy called for the Public Utilities report.
E. Wayne Rountree, P.E., Assistant County Administrator, advised that
the ten (10) year operating permit issued by the Department of
Environmental Quality for the Rushmere Water System will expire in the
Fall.
Supervisor Clark moved that the Board authorize the County
Administrator to issue an appropriate purchase order for the services
proposed by R. Stuart Royer and adopt the following Resolution to
Appropriate Funds from the Unappropriated Fund Balance for Various
Engineering Services in the amount of $61,040:
RESOLUTION TO APPROPRIATF, FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR VARIOUS ENGINEERING
SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved various engineering services for the Rushmere Water
Plant; and,
WHEREAS, funds in the amount of sixty-one thousand forty dollars
($61,040) need to be appropriated from the Unappropriated Fund Balance of
the Public Utilities Fund to the FY 2006-07 Public Utilities Operating Budget
of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVFD by the Board of Supervisors
of the County of Isle of Wight, Virginia that sixty-one thousand foriy dollars
($61,040) from the Unappropriated Fund Balance of the Public Utilities Fund
be appropriated to the FY 2006-07 Public Utilities Operating Budget of the
County of Isle of Wight, Virginia.
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
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman ivy called for the Emergency Management report.
Interim County Attorney Burton recommended that the Board approve
the emergency generator lease agreement with Tidewater Energy Services,
LLC, a copy of which was provided to the Board prior to the meeting, for the
use and maintenance of emergency generators in the County's shelters,
schools, fire and rescue stations and the Sheriff's office.
Supervisor Wright moved that the Board authorize the Chairman to
execute the contract with Tidewater Energy Services, LLC and transfer
$5,800 from the Contingency Fund. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor
of the motion and no Supervisors voting against the motion.
Responsive to Supervisor Wright's inquiry about the status of the
County acquiring rescue boats for use during emergencies, Richard O.
Childress, Director of Emergency Services, advised that the committee
charged with the review of rescue boat specifications would be providing a
recommendation to the Board in the Spring.
Supervisor Wright indicated a desire to be included in this process for
specifications review per prior Board action.
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Chairman ivy called for the County Administrator's report.
Liesl R. DeVary, Director of Budget and Finance, presented a proposed
Capital Improvements Plan (CIP) for Piscal Year 2008-2012, as developed
by the Board's CIP Subcommittee and approved by the Planning
Commission in the amount of $97.5 million. She noted space needs are the
primary reason for the inerease in the five (5) year plan. She advised that the
proposed funding sources over the next five (5) years are to bond
approximately $56.9 million and approximately $4 million annually would
come from operating revenues and approximately $4 million from reserves.
She advised as of June 30, 2006 the County had approximately $67 million in
outstanding debt and the legal debt margin at that time was $263 million.
Supervisor Bradshaw moved that the Board direct staff to review the
issue of a public restroom at Tyler's Beach and come back to the Board with
a recommendation for possible action by the Board this fiscal year. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown,
Wright and Ivy voting in favor of the motion; no Supervisors voting against
the motion; and Supervisor Clark absent for the vote.
Supervisor Bradshaw moved that the Board authorize staff to advertise
a public hearing for the Board's March 22, 2007 meeting to facilitate the
adoption of the Capital Improvements Plan and the incorporation of the "year
one" capital expenditures in the proposed Fiscal Year 2007-08 budget, as
amended by the Director of Budget and Finance. The motion was adopted by
a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
Ms. DeVary advised that bonding is anticipated in the amount of $33
million next year and the County's first debt service payment in the
approximate amount of $3 million will be due the following fiscal year.
Ms. DeVary presented a revised Fiscal Year 2007-08 Budget Calendar
for the Board's consideration.
The Board concurred with holding a budget work session for the
General Operating and Capital Budget on April 1 l, 2007 at 6:00 p.m. and a
public hearing at the Board's April 19, 2007 meeting.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, advised the Board that the budget amendments for the
anticipated construction wark for a new Social Services Building and a new
Health Department Building, as submitted by staff, were not adopted by the
General Assembly. He advised staff is scheduling a meeting with senior staff
of the State Department of Health to discuss how those funds can be entered
into the Governor's budget for the next budget year. He further advised that
legislation that allows the Board, by ordinance, to designate private streets or
roads as highways for the purpose of traffic enforcement, provided that the
residential area that the private road is in has at least 100 residences. He
advised that the cigarette tax and equal taxing authority legislation, submitted
on the County's behalf, did not pass. He advised that he will be making a
report to the Board regarding impacts to the County in the areas of
biosolids/sludge, Freedom of Information Act and planning and zoning.
Mr. Robertson was requested to be prepared to request an explanation
from the General Assembly Delegation, at the VACo meeting to be held at
the 4-H Center in Wakefield on March 29, 2007, as to why the County has
had no success in the General Assembly this year and why a bill did pass that
allowed hunting inside of subdivisions.
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Chairman ivy moved the Board take a recess. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
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//
Chairman ivy called for consideration of the Consent Agenda.
A. Girl Scouts Make the World a Better Place Week
Resolution to Recognize Girl Scouts Make the World a
Better Place Week
B. FY 06-07' Fire Funds Program
C. DMV Highway Safety Project Grant
. Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Motor Vehicles for the
Highway Safety Project Grant
D. Application for Grant Funds - Virginia Wireless Services Board
PSAP Funding for the Alternate 911 Site
. Resolution to Accept and Appropriate Grant Funds in the
Amount of $88,300 for the Alternate 911 Site
E. Change Order #1 - Carrsville Water System Replacement
F. Construction Administration Services - Booker T. Estates
G. Water Tank Invitation for Bids
H. Proposed Itinerary for Isle of Wight, England Council Visit/May
7-14, 2007
I. Funding for the County Newsletter
J. Personnel Policy Amendment
Resolution to Amend the County Policy Manual Chapter 1,
Article 1V, Section 4.4
K. Board of Zoning Appeals Action List of February 5, 2007
L. Resolution of Appreciation for Marilyn Oliver from the Historic
Architectural Review Committee
M. Communications Towers
Responsive to a request made by County Administrator Caskey to
remove Item (H), Proposed Itinerary far Isle of Wight, England Council
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Visit/May 7-14, 2007, Supervisor Bradshaw moved that Items (H) and (M)
be removed and that the remaining items on the Consent Agenda be
approved. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Regarding Item (H), Proposed Itinerary for Isle of Wight, England
Council VisitJMay 7-14, 2007, Judy H. Winslow, Director of Tourism,
distributed a revised copy reflecting a visit to the School House Museum on
Saturday, May 12, 2007 and that the meal to be hosted by Supervisor Wright
on Tuesday, May 8, 2007 was moved to Friday, May 1 l, 2007. She noted the
APVA Historical Society has been asked to host their event on Tuesday, May
8, 2007 and that there have been changes to the proposed budget.
Supervisor Bradshaw moved that the Board accept the proposed
Itinerary. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Regarding Item (M), Communications Towers, Supervisor Bradshaw
moved that the Board accept the report. Staff is to include a tower in
Carrsville off of Route 58 on the map. The motion was adopted by a vote of
(5-0) with Supervisors Bradshaw, Brown, Ciark, Wright and Ivy voting in
favor of the motion and no Supervisors voting against the motion.
//
Chairman ivy called for Appointments.
Supervisor Wright moved the Board reappoint Ruth Hartsfield to serve
on the Commission on Aging representing the Windsor District. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark moved that the Board reappoint Peter Munsell to
serve on the Planning Commission representing the Newport District. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that the Board appoint Jerianne Gardner to
serve on the Wetlands Board replacing Mark Brown representing the
Newport District. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
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Supervisor Clark moved that the Board appoint Sharon Hart to serve as
an Alternate on the Wetlands Board, replacing Jerianne Gardner. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Brown moved that the Board appoint Catherine C. Barlow
to the Events Committee, replacing Kimberly Graham, representing the
Hardy District. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Brown moved that the Board reappoint Gloria Wilson to the
Beautification Committee representing the Hardy District. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
Mr. Robertson is to investigate if there is a statutory requirement that
prohibits the Board from dissolving the Western Tidewater Disability
Services Board. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and lvy voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman ivy called for Old Business.
County Administrator Caskey stated pursuant to the Board's previous
direction to staff, included in the agenda is the Board's updated Strategic
Plan which includes the information adopted by the Board at its January 15,
2007 meefing.
Supervisor Clark moved that the Board adopt the format of the
Strategic Plan and direct staff to develop additional work documents which
set forth the action steps necessary to accomplish the Board's stated goals.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark suggested that the County's logo of "Isle of Wight
County - a Community of Choice Committed to Excellence" be incorporated
into a bumper sticker for placement on all County vehicles.
Mr. Robertson presented a Resolution to Set a Board of Supervisors'
Meeting on April 21, 2007 for the purpose of holding a Town Meeting for
the Board's consideration, which coincides with National County
Government Week.
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Supervisor Wright moved the Board adopt the following Resolution:
RESOLUTION TO SET A BOARD OF SUPERVISORS'
MEETING ON APRIL 21, 2007
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia desires to hold a"Town Meeting"; and,
WHEREAS, the purpose of the Town Meeting is for citizens of
Isle of Wight County to provide the Board of Supervisors with feedback
regarding general County matters.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
that the Board of Supervisors of the County of Isle of Wight County,
Virginia will hold a Town Meeting on April 21, 2007 at 10:00 a.m. at
the Carrollton Elementary School.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman ivy called for New Business.
Noting that the County's Policy Manual does not contain a policy on
how the Board addresses proclamations and expressions of congratulations,
Supervisor Brown moved that the Board direct staff to provide a
recommendation governing the appropriateness of proclamations and
expressions of gratitude. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
County Administrator Caskey requested the Board's consideration of
authorizing the Chairman to forward a letter to VDOT expressing interest in
the acquisition of a certain parcel of property.
Supervisor Bradshaw moved that the Board authorize the Chairman to
forward a letter to VDOT expressing interest in the acquisition of a certain
parcel of property. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board eliminatie its June 7, 2007
and June 21, 2007 meetings and have one (1) combined meeting on June 14,
2007 to commence at 3:00 p.m. with public hearings to be conducted at 7:00
p.m. Staff is authorized to advertise the change in meeting dates. The
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motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, WriglZt and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Chairman ivy moved that the Board move its July 19, 2007 meeting to
July 12, 2007 to commence at 4:00 p.m. Staff is authorized to advertise its
change in meeting date. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Wright moved that the Board change its November 1, 2007
meeting to October 30, 2007 at 4:00 p.m. Staff is authorized to advertise its
change in meeting date. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to investigate
and provide the Board with information on the Sign Pilot Program advertised
in the Virginia Municipal League tnagazine. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors votin~ against the motion.
//
County Attorney Burton requested a Closed Meeting pursuant to
Section 2.2-3711.A.7 of the Freedom of Information Act for the limited
purpose of consultation with legal counsel requiring the provision of legal
advice pertaining to Pinewood Heights.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reasons stated by the County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Chairman ivy moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSF,D MEETING
WI-IEREAS, 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 lnfornlation Act; and,
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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: Brown, Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
Interim County Attorney Burton advised the Board that Attorney
Riddick has informed him that the closing on the property in Smithfield did
occur on Wednesday, February 28, 2007 f:or the new fire station/EMS
facility.
Chairman ivy inquired about the process from this point forward of
videotaping the Board of Supervisors' meetings.
Mr. Robertson advised that PrimeMedia would edit the tape and
provide DVDs for review. He asked that the Board review the DVD and
provide him with feedback on how he is to proceed.
Interim County Attorney Burton requested a separate DVD depicting
the Armada Hoffler presentation.
Chairman lvy requested that the County°'s Newsletter be circulated as
soon as possible.
Supervisor Brown inquired about the status of the Pinewood Heights
pro j ect.
Interim County Attorney Burton advised that as of this date he has not
received the draft copy of the Pinewood Heights Memorandum of
Understanding that Attorney Riddick advised he had prepared and sent to
Richmond for review prior to review by the Board.
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Supervisor Brown recommended that Ms. Walkup be able to review the
Memorandum of Understanding before it is forwarded to Richmond.
Interim County Attorney Burton offered to provide Ms. Walkup with a
copy if it has not yet been sent to Richmond.
Chairman ivy requested that County Administrator Caskey ensure that
the Memorandum of Understanding is placed on the Smithfield
Intergovernmental Committee agenda far its next meeting.
Supervisor Clark moved that the Board authorize the County Attorney
to engage the law tinn of McGuireWoods and Battle, LLP, specifically John
Bates and John Cogbill, pertaining to the Benns Grant development. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that the Board authorize staff to hire
Davenport & Company, specifically David Rose, pertaining to the Benns
Grant development. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Board authorize Interim County
Attorney Burton to enter into a contractual relationship on an as-needed basis
with Michael Chandler with regard to the Benns Grant development. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that the Board authorize the Chairman and the
Clerk to execute the personnel agreement discussed in Closed Meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that the Board direct staff to bring back an
amendment to the Sign Ordinance allowing off-premises signs destroyed by
vandalism or theft to be replaced in its original condition and location in size
except as to any new or aesthetic or design specifications that staff may deem
appropriate. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and
no Supervisors voting against the motion.
//
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At 8:45 p.m:, Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
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