03-22-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-SECOND DAY OF MARCH IN
THE YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr. (Arrived at 7:25 p.m.)
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
E. Wayne Rountree, P.E., Assistant County
Adininistrator
Patrick J. Sinall, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman ivy called the meeting to order at 6:00 p.m. and 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 offered the following amendments:
Delete Item 2, Closed Meeting, and reinsert immediately after the Public
Hearings, prior to resuming with the regular a~enda and renumber the agenda
items accordingly; add four (4) new Closed Meeting items to the agenda; add
one (1) New Business item concerning scheduling joint meeting with the Fire
and Rescue Association and the Board, as requested by Chairman ivy; add
one (1) Old Business item, as requested by Supervisor Wright; add one (1)
Old Business item concerning direct clustering, requested by Supervisor
Clark; add one (1) New Business item regarding the HRPDC transportation
agenda, requested by Supervisor Clark; and add one (l) Closed Meeting item
regarding personnel, requested by Supervisor Clark.
Supervisor Clark moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Wright and Ivy voting in favor of the motion; Supervisor
Brown absent for the vote; and no Supervisors voting against the motion.
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Chairman ivy called for Special Presentations/Appearances.
The Board was briefed by Ms. Sandy Schlaudecker and Ms. Nancy
Guill on plans to bring a local chapter of the Boys and Girls Club to Westside
Elementary SchooL The program will be open to all children of the County
of lower working income parents. A target opening date of September, 2007
is proposed. Annual funding in the amount of $150,000 is needed and a
meeting with the School Superintendent is set to discuss a Twenty-First
Century grant application, which will fully fund the program for three (3)
years. Members of the Youth Board are currently being solicited and
presentations will be made at various community organizations seeking
additional Board members and financial support. A presentation will also be
made to the Smithfield Town Council. Funds in the amount of $15,000 that
are currently being utilized for the existing program at Westside Elementary
School are requested as the Department of Parks and Recreation has indicated
a willingness to vacate its program.
Mr. James Ray, Government Relations Manager, Charter
Communications, briefed the Board on services provided by that company.
Mr. Ray provided Supervisor Bradshaw with his business card and
asked that he contact him regarding a recent attempt by Charter
representatives to bury cable across his property without his permission.
Chairman ivy requested that Mr. Ray contact Anna Marie Pencola and
follow up with an e-mail to him on the status of her complaint.
Mr. Ray requested that Supervisor Wright e-mail him regarding
problems he is currently experiencing with the modem at his private
residence.
Mr. William Bell, Secretary to the Electoral Board, requested that the
Board support an extension of the effective date relative to the replacement of
direct recording electronic (DRE) voting machines.
Supervisor Bradshaw moved that the Board direct staff to forward the
letter proposed by the Electoral Board under the signature of the Chairman to
the County's members of the General Assembly and direct the County
Administrator to direct Mr. Robertson to contact the Governor's office
voicing the County's support of the Electoral Board's position on this matter.
The letter is to also be sent by facsimile to the Governor. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy
voting in favor of the motion; Supervisor Brown absent for the vote; and no
Supervisors voting against the motion.
Ms. Kari Sletten, Director of Information Technology, demonstrated
the new features associated with the redesign of the County's website, as well
as the new technieal capabilities of the Board Room.
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Chairinan ivy requested that Mr. Neblett take appropriate action to
correct the drainage issue at 104 Waterpoint Lane.
Supervisor Bradshaw requested that Mr. Neblett forward to him
information on the Business Route 58 Blackwater Bridge design and that a
copy of the specifications also be provided to him.
Supervisor Bradshaw requested Mr. Neblett investigate and report back
to the Board why VDOT continues to have the Business Route 58 Blackwater
Bridge surveyed. Mr. Neblett offered to provide Mr. Rogers a copy of the
bridge design.
Supervisor Clark requested Mr. Neblett continue in his efforts to
address the Cassell's concerns.
Teresa Johnson, Newport District, requested cautionary signs be placed
ahead of the curve at the intersection of Smiths Neck Road and Reynolds
Drive indicating a dangerous intersection is ahead. She reported that the
brush is also in need of clearing at that site. The same type of action should
be taken on Titus Creek Road.
Supervisor Clark moved that Mr. Rogers be directed to investigate
whether a flashing caution sign, or any other signage, is needed on both sides
of the intersection at Smiths Neck Road and Reynolds Drive. The motion
was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright
and Ivy voting in favor of the motion; Supervisor Brown absent for the vote;
and no Supervisors voting against the motion.
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At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,
Wright and Ivy voting in favor of the motion; Supervisor Brown absent for
the vote; and no Supervisors voting against the motion.
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Chairman ivy called for a public hearing on the following:
Ainy Ring, Assistant Director of Planning and Zoning, presented the
revised Isle of Wight County Comprehensive Plan.
Supervisor Bradshaw advised that he is proposing major changes to the
Camptown Development Service District and that the Plan is to be returned
to the Planning Commission for consideration of his proposal.
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Interim County Attorney Burton certified that the matter had been
properly advertised.
Chairman ivy called for persons to speak in favor of or in opposition to
the proposed revisions.
Ben Rideout, Chairman of the Southern Development Committee,
noted that a community meeting had been held, which was well attended. He
advised that the Committee was in favor of returning the Plan to the Planning
Co~nmission.
Mike Huffman, Hardy District, advised that he has been a commercial
pilot since 1976 and he offered to assist in matters relating to the operation of
the airport.
Sharon Hart noted that it would be poor planning to put the highest
density mixed use in the area in front of the flight plan of the Franklin
Airport. She stated this area should be the lowest density of all due to the
danger and probability of noise complaints and lawsuits. She further stated
there is the propensity for flooding in that area. She commented that the
airport would be used for aircraft landing in the event the Norfolk Airport is
shut down for an emergency. She encouraged the Board not to put in land
use designations at this time as the best uses can be determined after the
County's Engineering Department is staffed. She asked why the County
would want to place the cost of installing iitilities along Route 58 on the
taxpayers instead of waiting for developers to help with that cost. She stated
the County should wait until the Hampton Roads Sanitation District's study
shows whether the lines will be coming from Franklin or Holland so that the
cost could be paid with regional funds.
Thomas Finderson suggested tl~e removal of the Yeoman Farm from
the Northern Development Service District. He stated that the Benns Grant
traffic study shows traffic doubling between Ben~1s Church and Smithf'ield
and Bartlett and Benns Church and the traffic system would be overwhelmed.
With respect to the Southern Development Service District, he would not
develop further in the flight plan easement and the seventeen (17) homes at
the intersection of Routes 58 and 258 should be taken out of business and
employment designation. He expressed favor in extending the DSD to the
Carrsville or Suffolk boundary line; however, he would suggest that a quarter
mile corridor be developed on each side of Route 58 to Carrsville. He
suggested a four (4) lane 1lighway be in place and consideration be given to
the location of the water and sewer lines. He recominended consideration be
given to developing the Windsor DSD and the Camptown DSD to attempt to
shift growth from the northern DSD. He further recommended that
consideration be given to affordable housing.
Supervisor Clark requested that Ms. Walkup forward Mr. Finderson's
comments to the Planning Commission for its consideration.
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Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved that the Board refer the Plan back to the
Planning Commission for consideration of his proposal. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy
voting in favor of the motion; Supervisor Brown absent for the vote; and no
Supervisors voting against the motion.
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Supervisor Brown arrived at the meeting at 7:25 p.m.
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Cl~airman ivy called for a public hearing on the application of
Bennett's Creek Wholesale Nursery, Inc., owner, and Isle of Wight Materials,
Inc., operator, for a Conditional Use Permit to expand the existing "Turner
Marl Pit" (borrow pit) by ten (10) additional acres for a total of thirty (30)
acres for a period of five (5) years. The site is located off the east side of
Benns Church Boulevard (Route 10) south of Riddick Road (Route 604) in
the Newport Election District.
Beverly H. Walkup, Director of Planning and Zoning, advised that the
following additional conditions have been placed at the Board's seats prior to
the meeting that should be attached to the application as recommended by
staf£ 1) Owner of excavation site shall be responsible for any damages
caused by excavation activities and pumping of water for irrigation to
shallow wells serving homes along State Route 604 as determined by a
certified hydrologist; 2) the pit is only operated between 7 a.m. and 5 p.m.,
Monday through Saturday; and 3) the borrow pit cannot be used as a BMP
site for any future remedia~ion. She requested that the condition that "at all
times the operator shall ensure that Route 10 is kept free of dirt that may be
tracked onto the highway by truck traffic and other vehicles accessing the
site" also be added to the application.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman ivy called for persons to speak in favor of or in opposition to
the application.
Henry Morgan, Partner, Isle of Wight Materials Company, requested
the Board approve the application. He stated Mr. Sawyer and Bennett's
Creek Nursery have been outstanding corporate citizens and are only
requesting access to groundwater.
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Wayne Sawyer, President of Bennett's Creek Wholesale Nursery, Inc.,
requested the Board's support of the application. He advised that the
Nursery's corporate office would be locating on Route 10 within the next two
(2) years. He advised tliat the nursery is ~~ state-of-the-art facility, but if
much more is grown on the property, the nursery might find itself having an
insufficient amount of available water. He stated the Nursery makes every
attempt to conserve water and screening is installed along the property to
block it from site from the highway.
Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board approve the application of Bennett's
Creek Wholesale Nursery, Inc. and Isle of Wight Materials, Inc. with the
following four (4) additional conditions: 1) Owner of excavation site shall
be responsible for any damages caused by excavation activities and pumping
of water for irrigation to shallow wells serving homes along State Route 604
as determined by a certified hydrologist; 2) the pit is only operated between 7
a.m. and 5 p.m., Monday through Saturday; 3) the borrow pit cannot be used
as a BMP site for any future remediation; and 4) at all times the operator shall
ensure that Route 10 is kept free of dirt that may be tracked onto the highway
by truck traffic and other vehicles accessing the site. 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
~notion.
Chairman ivy called for a public hearing on the application of Jean G.
Johnson, owner, for a change in zoning classitlcation from Rural Agricultural
Conservation (RAC) to Conditional-Rural Residential (C-RR) of
approximately 6.0 acres of land located on the north side of Fire Tower Road
(Route 644) east of Tomlin Hill Drive (Route 649) in the Carrsville Election
District. The purpose of the application is for a single-family residential lot,
as conditioned.
Ms. Walkup noted the purpose of the application is to create a six (6)
parcel around an existing residence that is currently located on a 93-acre tract
of land. She stated the applicant is requesting a waiver from the provision
that the first two (2) lots be located off of the roadway due to the existing
condition of the driveway already in place and the applicant has proffered
that there will be no further subdivision of the property.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman ivy called for persons to speak in favor of or in opposition to
the proposed application.
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Durwood Scott, Scott & Associates Realty, spoke in favor of the
appiication noting that the division would not change the character of the
existing property. He advised that because the applicant is experiencing
health problems and no longer feels secure living there alone, she has
purchased a smaller home in Windsor in order to be closer to her family,
doctor, grocery store and the post office. He advised that the prospective
purchaser of the property is a County resident who owns five (5) horses.
Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved the Board approve the application of Jean G.
Johnson, as proffered, and approve the request for a waiver. 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.
Chairman ivy called for a public hearing on the application of Ralph A.
Godwin, Jr., owner, and Stanley S. Smeltzer, III, applicant, for a change in
zoning classification from Rural Agricultural Conservation (RAC) to
Conditiona]-Rural Residential (C-RR) of approximately 26.228 acres, and to
Conditional-Rural Agricultural Conservation (C-RAC) of approximately
92.101 acres of land located on the north side of Bob White Road (Route
652) in the Windsor Election District. The purpose of the application is for
three (3) single-family residential lots, as conditioned.
Ms. Walkup advised that the applicant has proffered that there will be
no further subdivision of the three (3) lots and that only one (1) family
member transfer would be created from the residual. She advised that the
applicant has requested a waiver from the section of the Ordinance that
requires the frst two (2) lots not to have frontage on the roadway. She
advised that the applicant has mitigated that with a private egress/ingress that
will serve all three (3) lots.
Interinl County Attorney Burton certified that the application had been
properly advertised.
Chairman ivy called for persons to speak in favor of or in opposition to
the proposed application.
Attorney William Riddick stated the 92 acres were included in the
zoning application so as fo restrict the further development of the property.
He advised that the prospective buyer intends to live on the 92 acres. He
stated no more than three (3) residential lots has been proffered and access is
restricted to Uzzell Church Road through a shared driveway. He advised that
the proffers have been amended to extend a 50-foot landscape buffer along
the rear of the lots that are fronting along Bob White Road to minimize the
impact to existing residents and that a tree line will be planted where trees are
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thin. He stated full cash proffers in the amount of $11,189 have been offered
to offset the capital cost to the County; that mobile homes are restricted; and
that a minimum square footage of 1,800 square feet is required.
Ralph A. Godwin, Jr., applicant, advised that he had been seeking an
individual to purchase the property who would keep it in its current state. He
stated that wooded land has been designated and with the exception of the
property lots, the farmland will continue to be designated agricultural.
Stanley S. Smeltzer, III, Newport District, applicant, requested the
Board's favorable consideration of his application. He stated he is anxious to
move further out into the country and that most of the surrounding property
owners appear to be agreeable with what he is intending to do with the
property.
Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw inquired who would own the driveway that is to
be built.
Attorney Riddick advised that an easement would be created which
would benefit all of the lots and that a shared road maintenance agreement
would be developed. He submitted a written proffer to the Board stating that
the applicant agrees to subject the three (3) lots and the residue parcel to a
shared access easement and that a road maintenance agreement will be
recorded prior to the sale of any lots.
Supervisor Wright requested that the road be built wide enough to
sufficiently allow the access of emergency fire and rescue vehicles.
Supervisor Clark moved the Board approve the application of Ralph A.
Godwin, Jr. and Stanley S. Smeltzer, III as proffered that the applicant agrees
to subject the three (3) lots and the residue parcel to a shared access easement
and that a road maintenance agreement be recorded prior to the sale of any
lots. 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 a public hearing on an Ordinance to Amend
Chapter 11.2, Noises.
Interim County Attorney Burton stated pursuant to the Board's
previous directive, language has been added to Section 112-3, Exemptions,
which states that nothing in this Ordinance shall be interpreted so as to
interfere with legitimate agricultural activities condueted between the hours
of 7:00 a.m. and 10:00 p.m. He certified that the Ordinance had been
properly advertised.
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Chairman ivy called for persons to speak in favor of, or in opposition
to, the proposed Ordinance.
No one spoke in favor or in opposition.
Chairman ivy closed the public hearing and called for comments by the
Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND CHAPTER 11.2. NOISES
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the effect unnecessary or excessive noises may have on the
health, safety and welfare of its citizens,
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 11.2, Noises be amended as follows:
Sec. 11.2-1.Unnecessarv or Excessive Noises Generallv.
It shall be unlawful for aily person to make, or to cause or allow to be
made, upon any property in the County, any unnecessary or excessive noise
or sound, whether vocally, mechanically, electronically or otherwise, or of
such a character, volume, duration or frequency as to disturb, injure or
endanger the quiet, comfort, repose, health, peace or safety of any person of
ordinary sensitivity.
Sec. 11.2-2.Noises Expressly Prohibited.
The following acts are specifically declared to be in violation of this
Chapter, but such enu~neration shall not be deemed to be exclusive:
(a) Horrzs, signaling devices, etc. The sounding of any horn or
signaling device on any automobile, motorcycle, bicycle or other vehicle on
any street or public place in the County, except as a danger warning; the
creation by means of any signaling device of any unreasonable, loud or harsh
sound; and the sounding of any signaling device for an unnecessary or
unreasonable period of time.
(b) Radios, phonographs, etc. - GeneYally. Using, operating or
permitting the play, use or operation of any tape recorder, radio receiving set,
musical instrument, phonograph or other electronic machine or device for the
production or reproducing of sound in such a manner, or of such a volume as
to disturb, injure or endanger the quiet, comfort, repose, health, peace or
safety of any other person who is not within the confines of the room, vehicle
or property in which such machine or device is operated and who is not a
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willing listener thereto. The operation of any such device in such a manner
that the resultant noise or sound is audible at a distance of at least fifty (50)
feet from the building, structure, property or vehicle in which it is located
shall be prima facie evidence of a violation of this Chapter.
(c) Production of sound from radios, phonographs, etc., on streets.
Using, operating or permitting the play, use or operation of any tape recorder,
radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other electronic machine or device for the producing or
reproducing of sound upon public streets or parking lots, unless the resultant
noise or sound shall not be clearly audible at a distance greater than fifty (50)
feet from the vehicle or other enclosure in which it is contained, or at least
fifly (50) feet from the source thereof, if not contained within any vehicle or
other enclosure.
(d) Animals. The keeping of any animal which shall be the source of
any noise or sound of such character, volume, duration or frequency as to
disturb, injure or endanger the quiet, comfort, repose, health, peace or safety
of any other person of ordinary sensitivity.
(e) Exhaust discharges. The discharge into open air of the exhaust
of any steam or diesel engine, stationary internal combustion engine, chain
saw, power mower, motorboat or motor vehicle, except through a muffler or
other device which will effectively prevent any noise or sound of a character,
volume, duration ar frequency which disturbs, injures or endangers the quiet,
comfort, repose, health, peace or safety of any other person of ordinary
sensitivity.
(~ Defects r.'rr vehicle. The use of any automobile, motorcycle or
other vehicle so out of repair or loaded in such a manner as to create loud and
unnecessary grating, grinding, rattling or other noise or sound of a character,
volume, duration or frequency which disturbs, injures or endangers the quiet,
comfort, repose, health, peace or safety of any other person of ordinary
sensitivity.
(g) Shouting by peddlers, hawkers, etc. The shouting and crying of
peddlers, hawkers and vendors of a character, volume, duration or frequency
which disturbs, injures or endangers the quiet, comfort, repose, health, peace
or safety of any other person of ordinary sensitivity.
(h) Noise to attract attention to perforrrzances, etc. The use of any
drums or other musical instrument or device for the purpose of attracting
attention, by creation of noise, to any performance, show or sale.
(i) Engine braking. The creation of any unreasonably loud,
disturbing or unnecessary noise by the application of engine brakes by any
driver of a motor vehicle, which is not as a result of a bona frde emergency
occurrence necessitating the application of an engine brake.
Sec. 11.2-3.Exemptions.
This Chapter shall apply only with respect to noise or sound received
or heard in zoning districts in which residential use is permitted, whether or
not exclusively, under the provisions of the County Zoning Ordinance, as it
may be amended from time to time, and, notwithstanding any provisions of
this Chapter to the contrary, shall have no application to fire, rescue, police,
ambulance or other emergency vehicles or aircraft or to any noise or sound
created thereby or to any noise or sound created by any person to sound a
warning or to call attention to a bona fide emergency. This Chapter shall not
apply to noise or sound which customarily accompanies bona fic~e parades,
sporting events, public functions or public commemorative events, nor to
noise or sound which customarily accompanies activities of churches and
synagogues, nor to activities conducted in any gymnasium, arena, theater,
amphitheater, swimming pool, stadium, rifle range, gun club or any similar
sporting activity, whether any such activity occurs indoors or outdoors,
except to the extent that any such parade, function, event or activiry shall be
prohibited or limited, either expressly or by necessary implication, by the
terms or conditions of any required use permit issued in connection
therewith, or to the extent that such parade, function, event or activity shall
be conducted without a use permit when such permit is required by any
provision of Appendix B of this Code. Nothing in this ordinance shall be
interpreted so as to interfere with legitimate agricultural activities conducted
between the hours of 7:00 a.m, and 10:00 p.m.
Sec. 11.2-4.Penalties.
Any person violating any of the provisions of this Chapter shall be
deemed guilty of a Class 3 misdemeanor. Upon any subsequent conviction
within a period of twelve (l2) months, the violator may be found guilty of a
Class 2 misdemeanor. Each day such a violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such.
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 advised that due to an advertising
error, the Board could not hold a public hearing on the Proposed Capital
lmprovements (CIP) Plan for Fiscal Year 2008-2012. He requested the
Board's authorization to advertise the matter for public hearing at the Board's
April 19, 2007 meeting.
Due to an advertisement error, Supervisor Bradshaw moved the Board
authorize staff to advertise the CIP for public hearing at the Board's April 19,
2007 meeting. 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.
//
Supervisor Clark moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, 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 Citizens Comments.
Marie Bailey, Newport District, expressed concern with the amount of
trash that has accumulated in County ditches. She recommended that the
Board annually designate a day in the Spring whereby citizens are requested
to clean out the ditches in their respective areas and that the effart be
advertised in the newspapers. She suggested that VDOT could also install
cameras and stiff penalties could be imposed for littering. She also expressed
concern with the lack of affordable homes for teachers. She noted the need
for a warning sign on the James River Bridge to notify motorists of the need
to use alternate routes and she recommended that all County residents donate
$1 towards the purchase of that equipment.
Supervisor Clark advised Ms. Bailey that April 28`h has been
designated a general County clean-up day.
Chairman ivy recommended that the event be advertised in the local
newspapers.
County Administrator Caskey advised that staff would be contacting
local civic groups and other organizations for assistance.
Mike Huffman, Newport District, noted that the traffic light and 35
mph speed zone along Brewer's Neck Boulevard are redundant.
Supervisor Clark moved that the Board direct staff to review the 35
mph speed limit with VDOT; determine if it is functioning properly in
conjunction with the traffic light; and advise the Sheriff on the matter to
determine what needs to be done to make it either more effective or eliminate
it. 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.
Herb DeGroft of 15411 Mill Swamp Road advised the Board about a
recent cablevision problem he is experiencing at his private residence. He
further advised that members of the Senior Services of Southeastern Virginia
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were provided a review of the transportation issues and he expressed concern
with the lack of action on the part of the County's legislative delegation
during this year's General Assembly session, particularly with respect to
transportation issues. He encouraged the Board to begin thinking about the
possibility of locating the next landfill in the County so that the County could
become the recipient of a$100+ tipping fee. He further encouraged the
Board to support a Girls and Boys Club and he spoke in favor of the Board's
policy to allow citizens to speak.
//
Interim County Attorney Burton requested a Closed Meeting
concerning the limited purpose of consultation with legal counsel requiring
the provision of legal advice pertaining to the Benns Grant project.
Supervisor Clark moved the Board enter the Closed Meeting for the
reason stated by the Interim County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Bradsliaw, I3rown, Clark, Wright and lvy
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.
Supervisor Clark moved the Board adopt the following Resolution;
CERTIFICA"TION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisars that such closed meeting was
conducted in conformity witl~ Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby ceriifies 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
AY~S: Brown, Bradshaw, Clark, Ivy and Wright
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NAYS: 0
ABSENT DIJRING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the Closed Meeting.
//
Chairman ivy called for the County Attorney's report.
Interim County Attorney Burton presented correspondence from the
Secretary of the Commonwealth certifying that the boundary line adjustment
for the Town of Smithfield has been filed in her office as of March 6, 2007.
Chairman ivy moved that the Board officially place into tl~e minutes
the following correspondence from the Secretary of the Commonwealth of
Virginia certifying that the boundary line adjustment for the Town of
Smithfield has been filed in that office as of March 6, 2007:
I, Katherine K. Hanley, Secretary of the Commonwealth of Virginia,
and as such, keeper of the Great and Lesser Seals, do hereby, certify that the
joint petition of the Town of Smithfield, Vir~inia and the County of Isle of
Wight, Virginia pursuant to Section 15.2-3106 of the Code of Virginia, to
change and relocate the boundary lines of the Town of Smithfield and the
County of Isle of Wight, was duly filed in this office on March 6, 2007. The
boundaries of the Town of Smithfield shall be changed to incorporate
approximately 6.4511 acres of land. No persons reside in the area.
Given under my hand and under the
Lesser Seal of the Commonwealth, at
Richmond, this 6`~' day of March, in two
Thousand Seven and in ihe 231s` year of
The Commonwealth.
Signed: Katherine K. Hanley
Secretary of the Commonwealth
The ~notion 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.
In~erim County Attorney Burton presented a proposed License
Agreement with the American Society of Composers, Authors and Publishers
which will allow the County to acquire the intellectual rights to play musie at
any and all County facilities and functions.
IS
Supervisor Wright moved the Board authorize the Chairman to execute
the License Agreement between the Board and the American Society of
Composers, Authors and Publishers (ASCAP). 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 License
Agreement with BMI for consideration by the Board.
Supervisor Clark moved the Board authorize the Chairman to execute
the License Agreement between the Board and Broadcast Music, Inc. 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 advised that staff had received
correspondence from the Department of Environmental Quality approving
the Open Burning Ordinance that was submitted to them by staff. He
recommended that the Board authorize staff to advertise a public hearing on
the Ordinance at the Board's April 19, 2007 meeting.
Supervisor Clark moved the Board authorize the County Attorney's
office to advertise the proposed Open Burning Ordinance for public hearing
at the Board's April 19, 2007 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.
Interim County Attorney Burton requested the Board's authorization
for staff to advertise a public hearing oi~ the Erosion and Sediment Control
Ordinance.
Supervisor Bradshaw moved the Board authorize the County
Attorney's office to advertise the proposed Erosion and Sediment Control
Ordinance for public hearing at the Board's April 19, 2007 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.
Interim County Attorney requested the Board's authorization for staff
to advertise a public hearing on the CDA Ordinance.
Supervisor Clark moved the Board authorize the County Attorney's
office to advertise the proposed Ordinance to Amend Chapter 2,
Administration for public hearing at the Board's April 19, 2007 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.
16
Interim County Attorney presented a proposed Deed of Bargain and
Sale for the [sle of Wight Ruritan Club.
Supervisor Bradshaw moved the Board authorize the County
Attorney's office to advertise the proposed Deed of Bargain and Sale
between the Board and the Isle of Wight Ruritan Club for public hearing at
the Board's April 19, 2007 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.
Interim County Attorney Burton presented a Memorandum of
Understanding between the Board and the Town of Smithfield which
involves the obtaining by the County of a service mark from the Virginia
State Corporation Commission for the intellectual property rights and will
allow the Town of Smithfield to have unconditional and free use of the Logo.
Chairman Ivy moved t1~e Board authorize the Chairman to execute the
Memorandum of Understanding between the Board and the Smithfield Town
Council to allow the Town to have unconditional and free use of the Tourism
service mark. 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 tl~e motion.
Interim County Attorney Burton presented a Memorandum of
Understanding between the Board and the Town of Smithfield which
addresses the funding formula to be incorporated by the County to reimburse
any relocated citizens of Pinewood Heights Subdivision. He added that
responsive to Supervisor Brown's request, he has added under the second
paragraph on Page 2, following "Booker T. Estates neighborhood" or other
available locations, i.e., Evergreen Acres. Also in the same paragraph,
following `Booker T. Estates" or other available locations in the Town of
Smithfield or Isle of Wight County.
Supervisor Brown moved the Board authorize the Chairman to execute
the Memorandum of Understanding between the Board and the Smithfield
Town Council relative to a funding formula to be incorporated by the County
to reimburse citizens who will be relocated from the Pinewood Heights
Subdivision. 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 presented a Right-of-Way permit agreement
between the County and the Carrollton Fire Station which allows for the
placement of an underground across County property in order to connect with
the Ashby West Subdivision Pump Station.
17
Supervisor Clark moved the Board authorize the Chairman to sign the
Right-of-Way Permit Agreement which will allow Virginia Dominion Power
to place an underground three (3) phase power line across County property in
order to connect with the Ashby West subdivision pump station. 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 advised the Board that the Ordinance
to Amend Chapter 11.2, Noises has been scheduled for public hearing later in
t11e meeting.
Interim County Attorney Burton advised that he had four (4) matters to
discuss with the Board later during the Closed Meeting.
//
Chairman ivy called for the Community Development report.
Geoffrey Cripe, Planning and Zoning, presented a request of James
Purcell, Wheeler Development, to modify the approved design of parking lot
lights for Eagle Harbor Retail Shoppes and Bojangles.
Supervisor Wright moved the Board deny the request to modify the
approved design of parking lot lights for Eagle Harbor Retail Shoppes and
Bojangles and that the original lighting that was approved be installed. 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 the Parks and Recreation report.
Patrick J. Small, Assistant County Administrator, advised that no bids
were received on the project and staff will be readvertising with a due date of
three (3) weeks. He stated that he hopes to have a bid for the Board's
consideration at its April 19, 2007 meeting.
Supervisor Wright recommended that Mr. Small advertise in the report
"Dodge", a worldwide clearing house for jobs. He stressed pre-construction
meetings should be mandatory and held on-site and he recommended that Mr.
Small also contact the State for a list of contractors to solicit.
Mr. Small requested the Board to authorize the transfer of funds to
enable staff to assign the Letter of Agreement with the engineering firm
relative to the restoration of the Joel C. Bradshaw Fairgrounds.
18
Supervisor Wright moved the Board authorize the transfer of $53,000
from the Capital Contingency to the County Fairgrounds. 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 advised that four (4) bids had been received relative to the
bridge construction at Fort Huger. The low bid was $189,500 and staff is
requesting that the Board approve it and authorize the transfer of funds in the
amount of 450,000 from the Nike Park project to the Fort Huger project. He
clarified that this action would not result in any Nike Park projects not being
completed.
Supervisor Clark moved the Board approve the lowest responsible bid
and authorize the transfer of funds in the amount of $450,000 from the Nike
Park project to the Fort Huger project. 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 commented that Jerianne Gardner had contacted the
Sheriff's Department to request a patrol of the area. He suggested that staff
consider the purchase and use of motion or game cameras to address
vandalism at the site.
Mr. Small advised relative to the Fort Huger parking lot construction,
staff was able to solicit a price from Sitework South that would enable staff
to amend the existing contract by change order, which will allow staff to
retain a reliable contractor and also to negotiate a good price on the parking
lot construction.
Supervisor Wright suggested that Mr. Small inquire from the engineer
whether or not the cost of using recycled concrete would be a cheaper
alternative.
Supervisor Clark moved the Board authorize the Chairman to sign the
change order in the amount of $35,000. 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 the County Administrator's report.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, requested authorization to submit two (2) Virginia
Hazard Mitigation Grant Program applications. He stated of the nine (9)
properties, four (4) are located in the Town of Smithfield and five (5) are
located outside the Town. He noted that he would be returning to the Board
19
if the County is awarded Federal funding to see if the Board wants to
proceed.
Chairman ivy moved the Board authorize submission of two (2) Hazard
Mitigation Grant Program applications. 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 presented the 2008 and 2010 Assessment
Contract responsive to proposals for assessment services. He advised that
three (3) proposals were received and staff's recommendation is for the
Board to approve and authorize the Chairman to execute the contract with
Wampler-Eanes Appraisal Group, Ltd.
Supervisor Bradshaw requested that the following be incorporated into
the contract: The percentage of properties to be physically inspected; the
method by which the property owner will be notified if not at home at the
time of the inspection; that an advertisement will be placed in the newspaper
notifying citizens that reassessment personnel will be in their area; that the
comprehensive sales data analysis and construction cost analysis will not be
used until formally approved and accepted by the Board of Assessors. Every
member of the Board of Assessors should receive a copy of the analyses, in
addition to the Director of Budget and Finance and the Commissioner of the
Revenue; and that the Board of Assessors should sign off agreeing that it has
received correct building permit information.
Supervisor Clark requested that every reassessment ad state that State
Code mandates that the Board of Supervisors has no involvement in the
reassessment; that the Board of Supervisors has no contact with the Board of
Assessors; and that the reassessment is an independent process that is
mandated by the State of Virginia.
Supervisor Bradshaw commented that the assessment company is
contracted by the County as consultants to the Board of Assessors and when
the Board of Supervisors appoints the Board of Assessors, by State law, the
Board of Assessors is responsible for the reassessment. He stated the Board
of Supervisors places the responsibility of the assessment on the five (5)
members of the Board of Assessors and the Commissioner of Revenue. He
stated that the Board of Assessors needs to know that it is in charge, not the
appraising company.
Supervisor Bradshaw recommended that the appraisal company not be
contracted to take photos as that is currently being done by the Commissioner
of Revenue's office.
Supervisor Bradshaw moved the Board direct the Director of Budget
and Finance to take into consideration the above comments. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright
20
and Ivy voting in favor of the motion and no Supervisors voting against the
motion.
E. Wayne Rountree, Assistant County Administrator, requested that the
Board approve the Indefinite Services Architectural Agreement and authorize
the Chairman to execute it on behalf of the Board.
Chairman ivy moved the Board approve the Agreement and authorize
the Chairman to sign the Indefinite Services Agreement with Commonwealth
Architect. 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 consideration of the Consent Agenda.
A. FY 07-08' General Operating and Capital Budget Work Session
Resolution to Set a Board of Supervisors' Meeting on April
11, 2007
B. Memorandum of Understanding for Shared Technology Services
C. Rescue Squad Assistance Fund Grant Application
D. VDOT Right-of-Way/Smithfield Fire and EMS Station
E. Skating Rink Contracts
F. Skating Rink - Petty Cash
Resolution to Increase Petty Cash Funds at Skating Rink
G. Request for Proposal (RFP) - Route 58 Corridor Economic
Development and Land Use Plan
H. Delinquent Real Estate Tax Collection Monthly Report
I. February 13, 2007 Regular Meeting Minutes
Supervisor Wright moved that 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.
//
21
Chairman ivy called for Appointments.
Supervisor Brown moved the Board reappoint Roger L. Ealy to serve
on the Historical Architectural Advisory 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.
Supervisor Brown moved the Board reappoint Hazel Edwards to serve
on the Southeastern Tidewater Opportunity Project. 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 the Board reappoint Richard J. Holland, Jr.
to serve on the Industrial Development Authority. 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 reappoint Anne B. Martin to serve on
the Commission on Aging, representing the Smithfield 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.
Chairman ivy moved the Board reappoint Nelson J. Grace to serve on
the Commission on Aging, representing the Smithfield 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 cnotion.
//
Chairman ivy called for Old Business.
County Administrator Caskey requested the Board's consideration of a
Communications Protocol for inclusion in the County's Policy Manual.
Supervisor Bradshaw moved the Board adopt the Communications
Protocol for inclusion in the County Policy Manual. 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 requested the Board's direction with regard to the
videotaping of Board meetings.
Supervisor Bradshaw requested Mr. Robertson to investigate and bring
back to the Board at its April 5, 2007 meeting any options that could be
accomplished with the same amount of funding that it is going to take to film
22
the Board meetings. He particularly noted a desire to find out what else
could be done with respect to improving the County's website.
Supervisor Wright requested Mr. Robertson find out what
PrimeMedia's final price would be to tape the Board of Supervisors'
meetings, as well as the anticipated turn around time it would take for
PrimeMedia to tape the meeting and have it ready for public perusal.
Chairman ivy and Supervisors Bradshaw and Clark requested Mr.
Robertson provide them with new DVDs of the March 22, 2007 Board
meeting that was filmed by PrinleMedia as soon as possible.
Mr. Robertson advised that the County's new series entitled "The
County Beat" would be aired on Cable Channel 13 within the next couple of
weeks.
Supervisor Wright inquired about the status of the Memarandum of
Understanding with the Town of Windsor.
Supervisor Wright moved the Board direct County Attorney Burton to
recopy and send back to the Town of Windsor the original Memorandum of
Understanding and advise why it is being resent to the Town and that the
County will not accept anything that is "non-binding." 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 ~he
motion.
Supervisor Wright requested Interim C'ounty Attorney Burton to fax
him a copy of the original Memorandum of Understanding.
Supervisor Bradshaw requested Supervisor Wright to contact the
Windsor Town Mayor and request to be placed on the Town's agenda to
discuss the Memorandum of Understanding.
Supervisor Wright advised that he will be contacting Chief Marshall to
request a work session with the Windsor Volunteer Fire Department to
discuss rumors circulating that the County is going to man the Windsor Fire
Department with paid personnel.
Supervisor Bradshaw requested an update on the pamphlet being
distributed by the Convenience Center Attendants.
Mr. Rountree advised that staff is currently reviewing the pamphlet and
will have a report for the Board at its April 5, 2007 meeting.
Supervisor Bradshaw requested that Mr. Rountree review Southampton
County's procedures related to trash.
23
Chairman ivy requested the Board to finalize a date for a joint meeting
with the Fire and Rescue Association.
The Board concurred with setting a joint meeting on Wednesday, May
23, 2007 at 6:00 p.m. Mr. Childress is to select a location for the meeting
and advise the Board and staff accordingly.
//
Chairman ivy called for New Business.
Supervisor Clark encouraged the Board members to familiarize
themselves with the By-Right Clustering legislation which will become
effective July 1, 2007.
Supervisor Clark reported that the Hampton Roads Planning District
Commission will, in the future, require a jurisdiction to either opt in or out of
the regional transportation authority. He stated it requires a majority of the
member jurisdictions, which must also represent a majarity of the population
of the region, to opt in to make the regional authority effective. He noted that
the Board members should be prepared in the near future to discuss their
individual feelings about this issue.
Supervisor Clark commented that the Wetlands Board is unique in that
it is the only board that does not follow Roberts Rules of Order.
Supervisor Clark moved that Interim County Attor~ley Burton be
directed to anlend the Wetlands Board's bylaws to the extent not specifically
provided by one (1) of the bylaw rules, which are included through VMRC,
that Roberts Rules of Order shall apply. Interim County Attorney Burton is
to counsel the Wetlands Board on public hearing procedures. 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 County Administrator Caskey be directed
to locate a place in which a large number of historical books can be stored
and accessed easily by Jerianne Gardner over the next several months. 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 Interim County Attorney Burton be
directed to investigate why the senior citizens bus is not being utilized only
for citizens. 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.
24
Supervisor Bradshaw moved the Board direct staff to investigate why
the Senior Services bus was being used by the Chamber of Commerce at a
trade show recently. 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 staff take action to ensure that all Board
appointees understand that e-mails pertaining to official business do come
under the Freedom of Information Act and should be retained. Should an
appointee receive a request for any documents, the request should be
forwarded immediately to the County Attorney and no appointee should
respond themselves until it has gone through the proper procedure. All
Board appointees are to be provided a Freedom of Information Act book.
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 extend its meeting past 11:00
p.m. 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 a Closed Meeting under
Section 2.2-3711.A.7 of the Freedom of Information Act concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to the SPSA lease agreement; under Section 2.2-3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to Virginia Timberline, LLC; under Section 22-3711.A.7.3
concerning the discussion and consideration of acquisition of real property in
Zuni; pursuant to Section 2.2-3711.A.7 concerning consultation with legal
counsel pertaining to signature authority of the County Administrator; under
Section 2.2-3711.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to the Benns Grant project; under
Section 2.2-3711.A.1 concerning discussion and consideration of a personnel
matter pertaining to specific employees; and under Section 2.2-3711.A.7
concerning consultation with legal counsel pertaining to annexation.
Supervisor Bradshaw moved the Board enter the Closed Meeting for
the reasons stated by the Interim 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 Supervis~rs 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,
25
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 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,
WfIEREAS, 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
Supervisor Brown moved that the agreement with the Southeastern
Public Service Authority (SPSA) be extended to 2018 to coincide with the
end of the existing use and support agreements. 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 County Administrator Caskey be
authorized to make an offer on the property discussed in Closed Meeting at
the price cap 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 ~notion and no Supervisors voting against the motion.
Supervisor Clark moved the Board approve the contract with UDA, as
discussed in Closed Meeting. The motion was adopted by a vote of (5-0)
26
with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of
the motion and no Supervisors voting against the motion.
//
At 11:45 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.
~~ s~'.-~
~
Thomas R. Ivy, C irman
~ ~ ~ ~ ~21'~'J
Carey ills Storm, Clerk
27