05-24-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FOURTH DAY OF MAY IN THE
YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
Thomas J. Wright, IlI
Phillip A. Bradshaw
Also Attendin~: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
E. Wayne Rountree, P.E., Assistant County
Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Cierk
Chairman ivy called the meeting to order at 6:00 p.m.
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Supervisor Bradshaw 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 revisions: Add
Item (D) under the County Attorney's Open Meeting Report, an Ordinance to
Amend Chapter 12. Offenses. Section 12.1 Bad Checks; add Item (E) under
the County Attorney's Open Meeting Report, a proposed contract between
The Addison Group and the County; add Item (F) under the County
Attorney's Open Meeting Report, a proposed contract between Alpha
Construction and Engineering Corporation and the County; add eight (8)
items under the County Attorney's Closed Mseting Report; remove Item (E)
from the Consent Agenda and add to the County Administrator's Report; add
an item to the County Administrator's Report regarding Fire and Rescue joint
meeting unresolved issues; move Old Business Item (B) following Citizens
Comments, per the request of Chairman ivy; and add an item to the Closed
Meeting, per the request of Supervisor Brown.
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 ivy called for Special Presentations/Appearances.
Chairman ivy formally presented to the fa~nily of the late J. Paul
Councill, Jr. a Resolution to Recognize the Passing of the Honorable J. Paul
Councill, Jr., which was adopted by the Board at its April 5, 2007 meeting.
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Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.7 of the Freedom of Information Act for consultation
with legal counsel requiring the provision of legal advice pertaining to the
County joining the Hampton Roads Transportation Authority.
Supervisor Clark moved that 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 Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-Ct) with Supervisors Bradshaw,
Brown, Clarlc, Wright and Ivy voting in favor of ~he motion and no
Stiipervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisars has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
res~lution 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.
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Supervisor Wright publicly thanked MacFarland Neblett, VDOT, for
his assistance in having the grass cut along the roadways prior to the visit by
the Isle of Wight, England delegation.
Kristin M. Mazur, County Engineer, advised the Board that she
attended a recent meeting on Route 460 in which the Independent Review
Committee discussed outstanding issues such as financing. She advised that
the number of interchanges is being reduced due to a lack of public funds to
support the project. She advised if the developer or the County funds three-
fourths of the funding, VDOT will consider the interchange. She offered to
continue monitoring the matter and report back to the Board on any
developments.
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Chairman Ivy called for Citizens Comments.
Supervisor Clark moved that the comments of citizens under Citizens
Comments be limited to three (3) minutes per person. The motion was
adopted by a vote of (3-2) with Supervisors 13rown, Clark and Ivy voting in
favor of the motion and Supervisors Bradsha~v and Wright voting against the
motion.
Supervisor Bradshaw moved to amend the agenda in order to extend
beyond the advertised public hearing time of' 7:00 p.m. so that the Citizens
Comments period can be completed and an item under Old Business be
discussed. The motion was defeated (1-4) with Supervisor Bradshaw voting
in favor of the motion and Supervisors Browr~, Clark, Ivy and Wright voting
in opposition to the motion.
Senator Quayle encouraged the Board to vote in favor of the Hampton
Roads Transportation Authority. He stated a more efficient way of handling
this matter would have been to ct~eate a gasoline tax, but there were members
of the legislature that refused to consider any such general tax increase. He
expressed a specific concern that more of a burden is not being placed on
motorists traveling through Virginia; however, the list of revenues proposed
will raise $170,000,000, all of which will remain in the Hampton Roads area.
He noted it is very clear what the Authority can use those funds for and when
the projects are completed and paid for, there is nothing further that the
Authority can do unless further authorized by the General Assembly. He
stated while the plan is not the best one possible, he does believe it should be
adopted because too much time has passed and costs are increasing rapidly.
Delegate Barlow encouraged the Board to support the proposed
Hampton Roads Transportation Authority proposal. He stated that the
decision the Board makes tonight will be the most important one made during
the Board's tenure. He stated a concern is that there really is not a
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transportation problem when there is a very serious transportation problem
and only when the traffic begins to stop will the severity of the problem be
realized. ~-Ie stated transportation is an imminent threat to the area and action
must be taken immediately. He stated while the proposed plan is not one he
would have chosen, it is the only one available.
Bob Cole, Chairman, Isle of Wight/Smithfield/Windsor Chamber of
Commerce Board of Directors, requested that the Board become part of the
proposed Ha-npton Roads Transportation Authority by realizing the value of
the projects contained in the regional transportation plan. He stated everyone
will agree that the plan is not perfect, but what will happen to the County's
favorite projects if the Authority is approved without the County's support.
He stated it is likely the other communities approving the Authority will form
a coalition and move their favorite projects to the early years and the
opponent's projects to the later years. He stated it is a tough decision with
high stakes consequences, not the least of which would be to continue
forward with no plan, support or partnership.
Koop Hinkle requested that the Board support the formation of a
transportation authority. He noted that his company has invested more than
$500,000,000 in building a new intermodal terminal in Portsmouth, which
will create jobs for the County and opportunities for businesses to locate in
the Hampton Roads area. I~e stated that the cost of transportation figures into
the decision of these companies to place a distribution center at a particular
location. He stated that the Ford Corporation cited transportation concerns as
one of the reasons for the recent closure of the Ford plant. He stated it is
imperative that companies be able ~o move their goods around the area
efficiently. He stated the Board has an opportunity to become a part of the
vision for the future by voting in favor of the Authority.
Dana Dickens, Maritime Association, encouraged the Board to support
the Hampton Roads Transportation Authority. He stated he has heard
concerns from the other localities that this is not the right plan and that it
should be sent back to the General Assembly. He stated returning the matter
to the General Asseinbly would be a prescription for disaster. He stated if the
Hampton Roads region does not seize this opportunity, it will be left without.
He stated the plan does keep the money generated in Hampton Roads and
provides an opportunity for Hampton Roads to control its own destiny to a
degree.
Pete Green, Mill Creek Road, requested the Board to consider not only
what the creation of a Transportation Authority will cost the citizens of the
County, but the surrounding area as a whole. He stated there are varying
opinions on the number of exchanges that will be built from the revenues
generated and there should be a provision in the plan that all of the taxes
themselves will be rescinded when the Authority is dissolved and any
extension limited to the ori~inal parameters.
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Tony Rhodes, owner and operator of a repair facility between Windsor
and Franklin, spoke in opposition to the creation of a Transportation
Authority because of the 5% tax on repairs and 44% tax on inspection
stickers, which would not apply to six (6) faeilities that are located less than
ten (10) miles from his business. He noted that over 40% of truck traffic on
Route 460 and I-64 is out-of-state trucks which will not have repairs done in
this state or purchase fuel. He stated trucking companies which perform their
own major repairs will also not be taxed. He stated the citizens of the County
and his customers will have to pay the tax, at an extreme amount, in order to
make up for the traffic that should be taxed.
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Chairman ivy 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 (5-0) with Supervisors Bradshaw, ~3rown, 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 a public hearing on the following:
A. 2007-2013 Secondary Six-Year Priority Plan and Fiscal Year
2007-2008 Construction Budget.
MacFarland Neblett, Waverly District Administrator, VDOT,
distributed copies of the Plan and Budget to the Board. He advised that the
replacement of the bridge on Route 602 (Longview Drive) has been added
due to the availability of Federal funds.
Chairlnan ivy called for persons to speak in favor of or in opposition to
the proposed Plan and Budget.
No one spoke in favor or in opposition to the Plan and Budget.
Chairman ivy closed the public hearing and called far comments from
the Board.
Supervisor Bradshaw moved the Board approve the 2007-2013
Secondary Six-Year Priority Plan and Fiscal Year 2007-200$ Construction
Budget. The nlotion 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 the following:
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B. An Appropriation Ordinance Pertaining to the Budget of Isle of
Wight County, Virginia for Fiscal Year July 1, 2007 through
June 30, 2008
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
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 to the Ordinance.
Chairman ivy closed the public hearing and called far comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN APPROPRIATION ORDINANCE PERTAINING TO THE
BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA
FOR FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008
ADOPT'ED THE 24th DAY OF MAY, 2007
BE IT AND IT 1S HEREBY ORDAIN~:D by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(a) By motion at its May 3, 2007 meeting, the Board approved
a budget for fiscal year 2007 - 2008 in the surri of $131,152,531.00;
(b) That lump sum appropriations are hereby made on an
annual basis for fiscal year beginning July l., 2007, through June 30, 2008,
for separate items, categories, fimctions and purposes in the budget adopted
by the Board of Supervisors on the 3rd day of May, 2007, including the sum
of $61,324,587.00 is hereby appropriated to the Isle of Wight County School
Board.
(c) That all proceeds received for the fiscal year beginning July
1, 2007 from the County general tax rate levies, from other local revenue,
from Federal and State funds and supplements and from all other funds and
sources for general County fimctions and purposes, including public schools
and public ~velfare, be credited to the General Revenue Fund of this County,
and, when and if appropriated by the Board of Supervisors of this County,
shall be used for such functions and purposes and to defray the charges and
expenses of said County and all necessary charges incident to or arising from
the execution of the lawful authorization of the Board of Supervisors of this
County;
(d) That the County Administrator is hereby authorized to
make all expenditures in payment of all line items in the budget at any time
during the fiscal year in any amounts so long as those amounts are not greater
than the amounts available in the fund for such item or category and the
County Administrator is hereby authorized to make line item transfers within
categories and from category to category so long as the transfers of line items
are within the budget and do not exceed the funds available for such purpose.
(e) That all encumbered funds which are earmarked for
specific projects, which are not expended during the current fiscal year, will
be carried over as encumbered funds for said projects for the ensuing years
unless the encumbrances are removed by action of the Board of Supervisors.
(~ That the Treasurer of Isle of Wight County is hereby
authorized and directed to transfer to the indicated appropriate "funds" in the
aforesaid budget estimates from the General Revenue Fund, from time to
time, as inonies become available, sums equal to but not in excess of the
appropriation herein made to such "funds", for the functions and purposes
therein indicated from the General Revenue Fund for the period covered by
this appropriation ordinance.
(g) That the Treasurer of Isle of Wight County is hereby
authorized to honor and pay all warrants and to pay out funds from the
various "funds" indicated in said Budget estimates for any contemplated
expenditure for which funds have been made available and appropriated far
such contemplated expenditures.
(h) That this Ordinance be entered in the Minutes of this Board
of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
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 the following:
C. An Ordinance to Impose Tax Rates for Isle of Wight County,
Virginia for Fiscal Year- July l, 2007 through June 30, 2008
lnterim County Attorney Burton certified that the Ordinance had been
properly advertised.
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 to the Ordinance.
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Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board adopt the following Ordinance
as presented:
AN ORDINANCE TO IMPOSE "TAX RATES FOR
ISLE OF WIGHT COLJNTY, VIRGII~tIA FOR
FISCAL YEAR JULY l, 2007 THROUGH Ji.JNE 30, 2008
ADOPTED THIS 24`~ DAY C1F MAY, 2007.
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(1) That there is hereby levied For the fiscal year beginning July 1,
2007, a tax of $0.52 per one hundred dollars of assessed valuation on all
taxable reaf estate, and all real and personal property of public service
corporations in accordance with Section 58.1-2606 of the Code of Virginia,
as amended;
(2) That there is hereby levied for the fiscal year beginning July 1,
2007, a tax of $0.95 per one hundred dollars of assessed valuation on
machinery and tools used in businesses as defined in Section 58.1-3507 of
the Code of Virginia, as amended;
(3) That there is hereby levied for the fiscal year beginning July 1,
2007, a tax of $1.00 per one hundred dollars of assessed valuation on boats,
watercraft and aircraft as defined in Section 58.1-3606 of the Code of
Virginia, as amended;
(4) That there is hereby levied far the fiscal year beginning Ju1y1,
2007, a tax of $032 per one hundred dollars of assessed valuation on
watercraft, including vessels and ships, weighing five tons or more,
exeluding privately owned pleasure boats and watercraft for recreational
purposes only;
(5) That there is hereby levied for the fiscal year beginning July 1,
2007 a tax of $4.40 per one hundred dollars of' assessed valuation on tangible
personal property as defined and classified in Sections 58.1-3500, 58.1-3501,
58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of Virginia, as
amended, except that all household goods and personal effects as deftned and
classified in Section 58.1-3504 are exempt from said levy; and
(6) That there is hereby levied for the fiscal year beginning July1,
2007, a tax of one-half (1/2) of one percent (1%) of the gross receipts on
telephone and telegraph companies, water companies, heat, light and power
companies, except electric suppliers, gas utilities and gas suppliers as defined
in Section 58.1-400.2 of the Code of Virginia, as amended, and pipeline
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distribution companies as defined in Section 58.1-2600 of said Code,
accruing from sales to the ultimate consumer in the County of Isle of Wight,
Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as amended,
however in the case of telephone companies, charges for long distance
telephone calls shall not be included in gross receipts for purposes of license
taxation.
BE IT FURTHER ORDAINED:
That this Ordinance be entered in the Minutes of this Board of
Supervisors and that a copy thereof by the Clerk of this Board, be furnished
to tlle Treasurer of this County.
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 the following:
D. An Ordinance to Implement Personal Property Tax Relief in Isle
of Wight County, Virginia for Calendar Year 2007
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
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 to the Ordinance.
Chairman ivy closed the public liearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX
RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA
FOR CALENDAR YEAR 2007
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of tl~e County of Isle of Wight, Virginia, to-wit:
That, in accordance with the Personal Property Tax Relief Act, as
adopted by the Virginia General Assembly, the car tax relief for Calendar
Year 2007 shall be set at fifty-six percent (56%) for vehicles over $1,000.00
in value on the first $20,000.00 in value and for vehicles valued at $1,000.00,
or under, the percentage of relief shal l be one hundred percent (100%).
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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 the following:
E. An Ordinance to Amend Chapter l. General Provisions. Section
1-7.1. Court Costs
Interim County Attorney certified that the Ordinance had been properly
advertised.
Chainnan ivy called for persons to speak in favor of or in opposition to
the proposed Ordinance.
No one spoke in favor of or in opposition to the Ordinance.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND
CHAPTER 1. GENERAL PROVISIONS.
SECTION 1-7.1. COURT COSTS.
WHEREAS, Section 53.1-120 of the Code of Virginia (1950, as
amended) empowers any county, by ordinance, to assess a fee for each
criminal or traffic case in its district or circuit court for which a defendant is
convicted of a violation of any statute or ordinance for the purpose of
funding courthouse security personnel; and
VI~IEREAS, following a public hearing held in accardance with the
Code of Virginia, the Board of Supervisors of Isle of Wight County has
determined that it is in the best interest of Isle of Wight County, Virginia (the
"County") for the County to impose such a fee.
NOW, THEREFORE, BE IT ORDAINF,D by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 1. General Provisions. Section
1-7.1. Court Costs. of the Isle of Wight County Code be amended by adding
the following:
Sec. 1-7.1. Court Costs.
Any person convicted of a violation of any statute or ordinance in any
criminal or traffic case in the district courts or circuit cour~ of Isle of Wight
County shall be assessed a sum of Five Dollars ($5.00) as part of the costs in
each court in each case. Effective July 1, 2007, any person convicted of a
violation of any statute or ordinance in any criminal or traffic case in the
district courts or circuit court of Isle of Wight County shall be assessed a sum
of Ten Dollars ($10.00) as part of the costs in each court in each case.
The assessment shall be collected by the clerk of the court in which the
case is heard, remitted to the Isle of Wight County Treasurer and held by the
Treasurer subject to appropriation by the governing body to the sheriff's
office for the funding of courthouse security personnel.
For state law as to authority of the Board of Supervisors to prescribe
a fee for courthouse security pe~~sonnel, see Code of Va., ~ 53.1-120.
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 the following:
F. An Ordinance to Abandon a Portion of the Dedicated Right-of-
Way Area of Smithfield Street as Shown in the Original Plat of
the Battery Park Subdivision
Interim County Attorney Burton advised that there was
miscommunication between himself and the applicant, which was advertised
for vacation of the street; however, there were also some lot lines that should
have been vacated. He recommended that the Board defer the matter at this
time and allow him to readvertise the matter to include the vacation of the lot
lines at the Board's June 14, 2007 meeting.
Supervisor Bradshaw moved that the Ordinance be withdrawn from
public hearing due to an advertising error on staff's part. Staff is authorized
to readvertise the Ordinance at the County's expense. 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 the following:
G. The application of Isle of Wight County Board of Supervisors,
owner, for a Conditional Use Permit for the proposed Fort Huger
Park located at the intersection of Lawnes Neck Drive and
Talcott Terrace on approximately 22.04 acres of land for use as a
public park and recreational area at the location of the historic
civil war fort site in the Hardy Election District.
Chairman ivy called for persons to speak in favor of or in opposition to
the proposed application.
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Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board approve the application of the Isle
of Wight County Board of Supervisors, owner, for a Conditional Use Permit
for the proposed Fort Huger Park. 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 lvy called for a public hearing on the following:
H. The application of Wayne A. Smith, Jr., owner, for a Conditional
Use Permit to occupy a Manuiactured Home, Class B, as a
temporary residence for two (2) years while building a single-
family dwelling on approximately 10.36 acres of land located on
the north side of Yellow Hammer Road (Route 645) known as
Tract 8 of "The Woodlands", in the Carrsville Election District.
Chairman ivy called for persons to speak in favor of or in opposition to
the proposed application.
Wayne Smith, property owner, requested that the Board approve his
application.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board approve the application as
conditioned that the residence will be removed from the property no later
than two (2) years from the date of the approval of the Conditional Use
Permit or upon the issuance of a Certificate of Occupancy for the permanent
residence, whichever comes first. 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 the following:
The application of International Paper, owner, for a change in
zoning classification from Rural Agricultural Conservation
(RAC) to General Industrial (GI) of approximately 97.76 acres of
land located approximately 1.2 miles south of Carrsville
Highway (Ro~~te 58), off the west side of Butler Farm Road, east
of the Blackwater River in the Carrsville Election District. The
purpose of the application is for a wood storage yard.
Supervisor Bradshaw abstained from discussing and voting on the
application due to a possible conflict of interest.
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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.
David Geoger, Fiber Supply Specialist, International Paper, presented a
schematic of the project site, which represents a$3,000,000 investment by
International Paper. He stated the facility would be operated by four (4)
employees and the property used for wood storage only. He stated the
benefits to International Paper include an iricreased inventory to ensure a
continuous sLipply of pulp wood to the Franklin Paper Mill; lower wood cost
by purchasing fiber locally; the increase of local purchase of fiber allows
local logging firms to increase production and income and improves the
Franklin Paper Mill's cost position in a highly competitive global market;
and, ensures employment and tax revenues generation for southeastern
Virginia. He stated there are plans to mitigate the wetlands impacts by
mitigating through the Vit~ginia Wetlands ]Zestoration Trust Fund and a
conservation easement will be maintained along the Blackwater River in
exchange for impacting an agricultural ditch. He stated water supply will be
furnished by the stormwater ponds and any additional needed water will
come from the mill's currently permitted well water supply. He stated the
water system will be fully contained with n~~ discharge with the ability to
send any excess water back to the Franklin Paper Mill effluent treatment
system. He stated the added facility will help relieve congestion on Union
Camp Drive and ]nternational Paper is in the process of filing documents to
have the remains of the cemetery relocated.
Albert Burckard, Newport District, presented a reguest that
lnternational Paper involve the Gravesite Survey Task Force when the grave
site is moved.
Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board approve the application of
International Paper. The motion was adopted by a vote of (4-0) with
Supervisors Brown, Clark, Wright and Ivy voting in favor of the motion; no
Supervisors voting against the motion; and Supervisor Bradshaw abstaining
from discussing and voting on the application stating a potential conflict of
interest.
Chairman ivy called for a public hearing on the following:
J. The application of James and Sheri W. Taylor, owners, for an
exception to the Chesapeake Bay Preservation Area Ordinance.
Specifically, Section 4002 (B)(2)(a.) to allow eneroaehment of 48
feet into the ] 00 foot Resource Protection Area Buffer for the
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construction of a single-family residence. The property,
containing 1.252 acres of land is known as Lot 158, Section 3, of
the Carisbrooke Subdivision, located on the south side of
Whippingham Parkway (Route 662) in the Newport Election
District.
Interim County Attorney Burton certified that the public hearing had
been properly advertised.
Beverly H. Walkup, Director of Planning and Zoning, drew the Board's
attention to the Planning Commission's recommendation of denial for that
appl ication.
Chairman ivy called for persons to speak in favor of or in opposition to
the application.
No one spoke in favor of or in opposition to the application.
Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved the Board deny the application due to the
applicant not meeting the criteria of the Chesapeake Bay Preservation Area
Ordinance. 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 the following:
K. The application of Carlton D. O'Neal, owner, and St. Luke's
Village, LLC, applicant, for a change in zoning classification
from Conditional Rural Agricultural Conservation (C-RAC) to
Conditional-Planned Development-Mixed Use (GPD-MX) of
approximately 4.7 acres of land located on the north side of
Brewer's Neck Boulevard (Route 258/10) approximately 1200
feet from the intersection of Brewer's Neck Boulevard and Benns
Church Boulevard in the Newport Election District. The purpose
of the application is to develop 40 residential units consistent
with the adjacent St. Luke's Village.
Beverly H. Walkup, Director of Planning and Zoning, advised that
following the Planning Commission meeting, staff has received an updated
Traffic Impact Analysis, which has been included in the Board's agenda. She
noted that comments have not been received from URS Corporation, the
eonsultant who is to conduct the independent Tra~c Impact Analysis, nor
has staff received comments from VDOT.
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Chairman ivy opened the public hearing and called for persons to speak
in favor of or in opposition to the application.
Brandon Currence, Architect, yielded to the Board's preference to not
hear his presentation until the Board has received the consultant's reports
noted above.
Chainnan ivy closed the public hearing.
Billy Miller, representing the applicant, noted that Mr. O'Neal is 85
years old and in declining health. He requested that the Board consider the
application at its June 14, 2007 meeting.
Interim County Attorney Burton stated that until the Board has the
reports from the consultants, it is not prepared to move forward.
Supervisor Clark moved the Board table the application until certain
reports are received from URS and VDOT relative to improvements to the
existing intersection and associated costs. 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 the following:
L. An Ordinance to Amend Chapter 11.2. Noises
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chainnan ivy called for persons to speak in favor of ar in opposition to
the proposed Ordinance.
No one spoke iu favor or in opposition to the Ordinance.
Chairman lvy closed the public hearing and called far comments from
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 THEIZEFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 11.2, Noises be amended as follows:
16
Sec. 11.2-1.Unnecessarv or Excessive Noises Generally.
lt shall be unlawful for any 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. 1 I.2-2Noises Ex rp essly Prohibited
The following acts are specifically declared to be in violation of this
Chapter, but such enunleration shall not be deemed to be exclusive:
(a) Horns, srgnaling 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 oftime.
(b) Radios, phonographs, etc. - GE~nerally. 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 wliich such machine or device is operated and who is not a
willing listener tliereto. 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 ar vehicle in which it is located
shall be prima facre evidence of a violation of this Chapter.
(c) P~roduction of sound from radios, phonographs, etc., on streets.
Using, operating or perinitting 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
fifty (50) feet from the source thereof, if not contained within any vehicle or
otherenclosure.
(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.
17
(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 or frequency which disturbs, injures or endangers the quiet,
comfort, repose, health, peace or safety of any other person of ordinary
sensitivity.
(~ Defects in 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, grindin~, 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 l~y 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 att~°act attention to pei formances, 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 fide 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 tiine 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 fcde 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 activity shall be
prohibited or limited, either expressly or by necessary implication, by the
18
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.
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 (12) 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.
Chairman ivy called for a public hearing on the following:
M. An Ordinance to Amend Appendix B, Zoning, Article IX, Signs,
Section 9-1013.D.1, Nonconforming Signs.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman ivy called for persons to spealc in favor of or in opposition to
the proposed Ordinance.
No one spoke in favor or in opposition to the Ordinance.
Chairman ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN ORDINANCE TO ANIEND
Appendix B, Zoning, of the Isle of Wight County Code
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHCREAS, the Isle of Wight County Board of Supervisors also seeks
to allow flexibility in the administration of the ardinance regulations while
protecting the health, safety, and general welfare of present and future
residents and businesses of the County.
19
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County
Code be amended as follows:
9-1013 Nonconforming Signs
D. If a nonconfarming sign is destroyed or damaged in any manner, to
~he extent that the cost of restoration to its condition before such an
occurrence shall exceed fifty percent (50%) of the current
replacement value at the time of damage, the sign shall not be
replaced except in compliance with the provisions of this section
and the ordinance, it may not thereafter be repaired, reconstructed,
or replaced except in conformity with all the provisions of this
ordinance, and the remnants of the former sign structure shall be
cleared from the property. For purposes of this section, a
nonconforming sign is "destroyed" ~f damaged to an extent that the
cost of repairing the sign to its former stature or replacing it with an
equivalent sign equals or exceeds the, value of the sign so damaged.
1. Exceptions
a. A sign which does not conform to setback requirements under
this ordinance, that identifies a legally established use existing prior
to the adoption of the first zoning ordinance dated February 6,
1970, may be replaced or repaired provided that the following
requirements are met:
i. The use identified is a permitted or conditional use under
thE provisions of this ordinance in effect at the time of
replacement;
ii. The replacement sign does not eneroach closer into the
required yard; and
iii. The sign otherwise complies to the provisions of this
ordinance, including but not limited to size, height, content,
construction standards, and sight triangle requirements.
b. Signs conveying ideological, religious, social, charitable or
governmental messages unrelated to businesses, services or
manufacturing activities or goods cotmected therewith destroyed by
vandalism or theft may be replaced in their original location and
size dimensions.
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.
//
20
Supervisor Bradshaw 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.
//
Chainnan lvy called for the coi~tinuation of Citizens' Comments.
Donald Byrum, repair shop owner, stated that ports in other areas have
been expanded while those in Hampton Roads were maintained intact. He
noted that he did not believe that the I~ord plant closed because of
transportation concerns. He stated there will be an increase of traffic around
ports and he recommended opening earlier and closing later. He further
recommended that the Interstatc Commerce of Container Shipments bear
some of the cost associated with the increased transportation burdens on the
area's roads.
Tim Cunningham spoke in opposition to the creation of a
Transportation Authority noting that it places an undue hardship on the
County's citizens. He stated no one disputes the need to improve
transportation in Norfolk and Portsmouth, but the question is who pays and
how. He stated it will not help the County's prosperity and the County's
growth can be managed prudently and slowly. He stated people will not do
business in the County anymore because they can not afford such a high tax
increase. He stated there has not been sufficient forethought or planning for
the Authority with respect to when it dissolves and how it dissolves.
Renee Bevan, Industrial Development Authority member, spoke in
favor of a Transportation Authority. She stated congestion impacts the entire
economy. She stated that if the Authority is approved, the taxes on the
individual will be reduced in the long term, such as the effect improved roads
will have on the growth of the Shirley T. Holland Commerce Park. She
stated tl~e County has made a significant investment in the Park and the
return on the investment will benefit everyone provided the roads are there to
support the tenants. She stated the real estate tax revenue generated from
distribution center space equals $260,000 per 1,000,000 square feet;
therefore, 1,000,000 square feet represents $.Ol on the tax rate. She stated
when build-out occurs at the Park, the real estate taxes generated could offset
four (4) cents on the total tax rate. She stated the growth of the park depends
on viable roads to move the goods and services or the opportunity will be lost
to other ports such as Savannah and Charleston, both who are anticipating the
needs for distribution space and investing a great deal of time and assets in
attracting such businesses. She requested the Board to keep Hampton Roads
competitive in the global marketplace.
21
Wilson Holland spoke in opposition to the Transportation Authority
noting an anticipated 30% decrease in his business revenue.
Joel Bradshaw, owner and operator of Bradshaw's Country Store in
Carrsville, spoke in opposition to the proposed Transportation Authority. He
stated that the Board currently does an inadequate job of supporting small
business owners and if he has to raise his prices an additional $.06, his
customers will go to Franklin. He stated trarisportation concerns are a State
problem, not a regional problem.
Albert Burckard spoke in favor of the County joining the Hampton
Roads Transportation Atrthority. He stated the County's economy is
historically tied to the economics of the cities of Hampton Roads. He stated
that others can not be expected to pay for the region's transportation systems
and the County must do its part.
Supervisor Bradshaw stated he has spoken with numerous individuals,
elected officials and citizens regarding this issue. He stated that he respects
the other Board members' opinions, but he does not believe an Authority is
the way to go to alleviate road concerns. He stated the General Assembly is
sending a message that they do not care about the County. He encouraged
the citizens to vote the members of the General Assembly out of office who
voted for this legislation. He stated the referendum held several years ago
reflected that over 7l % of the citizens oppose an Authority. He stated the
Authority will be created and controlled by the General Assembly and he can
not support the County's joining the Authority because the citizens have
voted against it.
Supervisor Brown moved that the Board defer its vote on the matter of
the County joining the Hampton Roads Transportation Authority until its
June ] 4, 2007 meeting, which will be held at 3:00 p.m. This item is to be
listed as the first item on that ageuda. The motion was adopted by a vote of
(4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor
of the motion and Supervisor Ivy voting against the motion.
//
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 ~~o Supervisors voting against the motion.
Chairman ivy moved the Board return to open 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.
//
22
Chairman ivy called for the County Attorney's report.
Interim County Attorney Burton alerted the Board that item #7, the ten
percent (10%) monthly gross charge to consumers of local mobile
telecommunication service and Item #S, the $3.00 per liner per month for
enhanced emergency telephone services, which were included in the
Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal
Year July l, 2007 through June 30, 2008 do not need to be reenacted each
year unless there is a change of the tax rate.
Interim County Attorney Burton advised that he had eleven (11) items
to discuss with the Board latcr during the Closed Meeting.
Interim County Attorney Burton requested the Board's permission to
advertise an Ordinance to Amend Chapter 12. Offenses. Section 12.1 Bad
Checks for public hearing at the Board's June 14, 2007 meeting.
Supervisor Clark moved the Board authorize the County Attorney's
office to advertise the matter for public hearing at the Board's June 14, 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 approval of a
contract between The Addison Group and the County for advertising and
marketing services.
Supervisor Wright moved the Board authorize the Chairman to execute
the contract between The Addison Group and the County on behalf of the
Board. 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.
Interi~n County Attorney Burton requested the Board's approval of a
contract between Alpha Construction and Engineering Corporation and the
County for the construction of the fire and rescue station in the Town of
Smithfield.
Supervisor Wright moved the Board autharize the Chairman to execute
the contract between Alpha Construction and Engineering Corporation and
the County on behalf of the Board. 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.
23
Patrick J. Small, Assistant County Administrator, distributed handouts
and advised that the architectural assessment of the Museum has been
completed. He advised that demolition efforts have begun to the damaged
portion of the basement and should be completed within the next forty-five
(45) days.
Chairman ivy inguired if the area that was the cause of the flooding had
been mitigated.
Mr. Small replied that the architect is recommending the entire closure
of the back side of the museum, which includes the sealing of two (2) doors
and three (3) windows.
Chairman ivy inquired if it was known before by staff that this area
would flood.
Mr. Small replied that the previous Parks and Recreation Director had
been advised by Museum staff on more ti~an one (1) occasion that the
museum could, and likely would, flood.
Chairman ivy inquired if the Board was ever notified.
Mr. Small replied that neither the Board, nor the County Administrator,
had been notified by staff of the potential fo~• flooding. He noted extensive
repairs in the amount of $500,000 are needed in order to address certain
electrical, inechanical, sprinkler and code compliance items. He stated staff's
recommendation is to convert the basement level to office space. He stated
that he hopes the Museum will be reopened by the first part of 2008.
Mr. Small presented an agreement between LandMark Design Group
and the County for professional services to design a Master Plan for the
Hardy District Park.
Supervisor Brown moved the Board autl~orize the Chairman to execute
the Agreement for Professiona] Services for the Hardy District Park Master
Plan. 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 motiou.
Supervisor Wright inquired whether or not the original Master Plan for
the Joel C. Bradshaw, Jr. Fairgrounds will be followed. He noted that recent
articles in the local newspaper have been conflicting.
Mr. Small advised that currently the roads are being developed in the
Park; the amphitlleatre has been relocated; and pads for the tents have been
installed. He stated leveling, grading and drainage efforts are currently the
only items being addressed on the property at this time. He stated that all
24
design improvements being done have been overseen by the Fair Committee
subcommittee.
Supervisor Brown requested the status of improvements to Tyler's
Beach.
Mr. Small advised that Parks and Recreation staff have been directed to
first review the operational and maintenance issues of the facility and in
conjunction with a citizens' committee develop a long-term use plan for that
property to be addressed in the upcoming capital budget cycle to determine if
projects in 2010, 2011 and 2013 can be accelerated. He advised that the new
Parks and Recreation Director is anticipated to begin work on June 11, 2007.
Supervisor Bradshaw suggested a short-term solution to address the
trash and restroom issues would be to hire part-time high school and college
students to patrol and clean up the area during, the summer months.
Chairman ivy suggested the Sherif~s Department could assist with
issuing litter citations.
Mr. Small requested the Board's approval to move forward with the
gravel path and trail construction at Fort Huger.
Supecvisor Wright moved that the Board authorize staff to proceed.
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.
County Administratar Caskey presented a Resolution of Official Intent
to Reimburse Expenditures with Proceeds of a Borrowing for the Board's
consideration.
Supervisor Bradshaw moved the Board adopt the following Resolution:
R~SOLU7'ION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, Isle of Wight County, Virginia (the `Borrower"), intends
to acquire, construct and equip various capital improvements (the "Projects")
as approved in Fiscal Year 2007-08 Capital Budget; and
WHEREAS, plans for the Projects have advanced and the Borrower
expects to advance its own funds to pay expenditures related to the capital
improvements prior to incurring indebtedness and to receive reimbursement
25
for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or
both;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. The Borrower intends to utilize the proceeds of tax-exempt bonds
(the `Bonds") or fo incur other debt, in an amount not currently expected to
exceed $43,000,000, to pay the costs of the ca.pital improvements.
2. The Borrower intends that the proceeds of the Bonds be used to
reimburse the Borrower for Expenditures wit11 respect to the Project made on
or after the date ~hat is no more than 60 days prior to the date of this
Resolution. The Borrower reasonably expects on the date hereof that it will
reimburse the Expenditures with the proceeds of the Bonds or other debt.
3. Each Expenditure was or will be, unless otherwise approved by
bond counsel, either (a) of a type properly chargeable to a capital account
under general federal income tax principles (determined in each case as of the
date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c)
a nonrecurring item that is not customarily payable from current revenues, or
(d) a grant to a party tllat is not related to or an agent of the Borrower so long
as such grant does not impose any obligation or condition (directly or
indirectly) to repay any amount to or for the benefit of the Borrower.
4. The Borrower intends to make a reimbursement allocation, which
is a written alloc~tion by the Borrower that evidences the Borrower's use of
proceeds of the Bonds to reimburse an Expenditure, no later than 18 months
after the later of the date on which the Expenditure is paid or the Project is
placed in service or abandoned, but in no event more than three years after
the date on which the Expenditure is paid. The Borrower recognizes that
exceptions are available for certain "preliminary expenditures," costs of
issuance, certain de minimis amounts, Expenditures by "small issuers" (based
on the year of issuance and not the year of expenditure) and expenditures for
construction of at least five years.
5. The Borro~~ver intends that the adoption of this resolution
confirms the "official intent" within the meaning of Treasury Regulations
Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as
amended.
6. This resotution shall take effect immediately upon its passage.
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.
26
Donald T. Robertson, Director of' Information Resources and
Legislative Affairs, reported that he has received very positive feedback in
regards to the County newsletter. He advised that the next newsletter will be
finalized in June, 2007 and staff has been contacted with requests to be
included in the newsletter.
Kari L. Sletten, Director of Information Technology, requested the
Board approve the Computer Network Acceptable Use Policy which has been
revised to reflect how e-mails are currently handed by the IT Department
with respect to the tive (5) year retention poli~.y.
Supervisor Bradshaw moved the Board approve the Computer Network
Acceptable Use Policy. The motion was adopted by a vote of (5-0) with
Supervisars Bradshaw, Brown, Clark, Wright and lvy voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Small represented the unresolved item from the joint Fire and
Rescue meeting last evening with respect to a grant received by the Rushmere
Volunteer Fire Depart~nent for a new truck. He advised that the Directar of
Budget and Finance has identified $15,000 in the chipper line item which can
be reallocated to the Rushmere Volunteer Fire Department to meet the match
portion of a grant. He noted that the capital budget item with respect to the
Carrollton Volunteer Fire Department will be brought back to the Board far
consideration at its June 14, 2007 meeting.
Supervisor Brown recalled that the Board's motion relative to the truck
for the Rushmere Volunteer Fire Department was not to exceed $20,000 in
case of increased prices.
Supervisor Brown ~noved to authorize the Director of Budget and
Finance to reallocate an amount not to exceed $20,000 from the Chipper line
item to the Rushmere Volunteer Fire Department. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy
voting in favor of tlle motion and no Supervisors voting against the motion.
//
Chairman ivy called for consideration of the Consent Agenda.
A. Virginia Department of Motor Vehicles - Grant Funding for the
Click-It or Ticket/Highway Safety Program
Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Motar Vehicles for the Click-It
or Ticket/Highway Safety Program
B. Additional Funding for Law Enforcement
27
C. Funding for Electoral Board
D. GIS Fee Schedule
E. Computer Network Acceptable Use Policy (Moved to the County
Administrator's Report under Approval of the Agenda)
F. Preliminary Site Plan for the Proposed Fort Huger Parking and
Trail Plan
G. Delinquent Real Estate Tax Collection Monthly Report
H. March 23, 2007 Joint Meeting Minutes
April 5, 2007 Regular Meeting Minutes
April 19, 2007 Regular Meeting Minutes
Supervisor Bradshaw moved that the Board remove Item (C) from the
Consent Agenda and approve the remaining items. 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 (C), Funding for Electol•al Board, Chairman ivy moved
that the Electoral Board's request 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.
//
Chairman ivy called for Appointments.
Supervisor Brown moved that Hazel Edwards be appointed to serve on
the Blackwater Regional Library Board representing the Hardy District. Her
term will expire June 30, 2010. 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 Marion Neighbors be appointed to serve
as the "At Large" representative on the Blackwater Regional Library Board.
His term will expire June 30, 2011. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor
of Yhe motion and no Supervisors voting against the motion.
//
Chainnan ivy called for Old Busiuess.
28
County Administrator Caskey requested the Board consideration of
individuals to serve on the Board of Assessors with respect to the 2008
reassessment.
Chairman ivy moved that the Board appoint A1 Casteen to serve on the
Board of Assessors for the 2008 reassessment process 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.
Supervisor Brown moved the Board appoint Brandon White to serve on
the Board of Assessors for the 2008 reassessment process 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.
//
Chairman ivy called for New Business.
There was no new business offered for discussion by the Board.
//
Interim 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 a specific property located in the Founder's Pointe,
Eagle Harbor and Gatling Pointe Subdivisions; 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 the BFI garbage franchise; pursuant to Section 2.2-3711.A.7 of
the Freedom of lnformation Act for the limited purpose of consultation with
legal counsel requiring the provision of legal advice pertaining to actual
litigation; 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 the Town of Windsor; pursuant to
Sections 2.2-37ll.A.5 and A.7 of the Freedom of Information Act for the
li~nited purpose of consulfation with legal cow7sel requiring the provision of
legal advice pertaining to a specific contract with the business of the
County's industrial park; 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 the Memorandum of
Understanding regarding the Treasurer and the Commissioner of the
Revenue; pursuant to Sections 2.2-3711.A.1 and A.7 of the Freedom of
Information Act for the limited purpose of consultation with legal counsel
requiring the provisioi~ of legal advice pertaining to a personnel matter of a
specific public official; pursuant to Sections 2.2-3711.A.7 of the Freedom of
29
Information Act for the limited purpose of consultation with legal counsel
requiring the provision of legal advice pertaining to a specific contract
regarding emergency management; pursuant to Section 22-3711.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 a
Memorandum of Understanding regarding Pinewood Heights; pursuant to
Section 2.2-3711.A.1 of the Freedom of Information Act for the limited
purpose of consultation with legal counsel requiring the provision of ]egal
advice pertaining to a personnel matter of a specific public official; and
pursuant to Section 2.2-371 1.A.1 of the Freedom of Information Act for the
limited purpose of consultation with legal counsel requiring the provision of
legal advice pertaining to specific contracts regarding fire and rescue
equipment.
Supervisor Clark moved 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 Clark 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:
CERTIFICATION OF CLOSLD MEETING
WI-~EREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in confonnity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hei-eby 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 bus~ness matters as were identified
in the motion convening the closed meetirig were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Brown, Bradshaw, Clark, Ivy and Wright
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Clark moved the Board adopt the Resolution to Authorize
the Emergency Purchase of Fire and Rescue Equipment as discussed in the
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 Bradshaw moved the Board appoint W. Douglas Caskey as
the Interim Emergency Services Director. 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 advised that the School House Museum officially
opened on Saturday, May 19, 2007. He thanked the Board for its financial
support of this project.
//
At 10:45 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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Carey Mills Storm, Clerk
Approved as to turm:
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A. P~ul Burton
Intcrim County Attorney
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Stan D. Clark, Vice-Chairman
31