07-12-2007 Regular MeetingREGULAR NLEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWELVETH DAY OF JULY IN THE YEAR
TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: Mark C. Popovich, Assistant County Attorney
W. Douglas Caskey, County Administrator
E. Wayne Rountree, P.E., Assistant County
Administrator
Patrick J. Small, Assistant County Adn~inistrator
Carey Mills Stortn, Clerk `
Chairman ivy called the meeting to order at 4:00 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.
Assistant County Attorney Popovich offered the following revisions:
Add a proposed consulting agreement between Howlett & Associates and the
County under the County Attorney's Report; move the Genera] Services
report to follow Closed Meeting; and add four (4) items under the County
Attorney's Closed Meeting Report, for a total of eight (8) matters.
Chairman ivy added an item under New Business and an item under
Old Business. He further requested that Item (A) under Special Presentations
be moved to the last presentation.
Supervisor Bradshaw added an item under New Business.
Supervisor Brown 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/Appearanees.
William Bell, Chairman of the Isle of Wight Electoral Board, formally
introduced the recently appointed Registrar, Ms. Lisa Betterton.
Mr. Bell advised that Fred Staunton has resigned from the Electoral
Board, effective June 30, 2007 and a replacement has not yet been named.
Mr. Bell brought to the Board's attention that due to increased voter
registrations in the Newport and Smithfield precincts, the Board of
Supervisors should anticipate those voting precincts having to be split if there
is an 80% turnout in the Smithfield precinct and a 76% turnout in the
Newport precinct. The Board will have six (6) months following next year's
election to make the split(s) he added.
Mr. Bell requested that the Secretary position within the Registrar's
office be re-titled Assistant Registrar in order to be in compliance with State
law.
Supervisor Bradshaw moved that Interim County Attorney Burton be
directed to research Code of Vi~°ginia Section 24.2-112 to ensure that the
County is in compliance with State law. 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.
Dr. Michael W. McPherson, Ed.D., Superintendent of Schools,
introduced Becky Mercer, Principal of Smithfield High School.
Ms. Mercer briefed the Board on Smithfield High School's recent
accomplishment of being chosen as one (1) of ten (10) model high schools in
the State due to its graduation rate of 86% and full accreditation in "No Child
Left Behind." She noted that 28% of Juniors and Seniors are enrolled in
advance placement; 83% of graduates earned a GPA of 2.0 or better; there
was a 92% proficiency rate in English; an 86% proficiency rate in math; a
67% proficiency earned an advanced diploma and 9% earned at least six (6)
college credits in the duel credit enrollment program. She stated that there
was $2,041,000 received in scholarships and there were 240 graduates. She
stated the goal is for all students to be prepared far secondary education or
employment.
Chairman ivy inquired about the after-school program for youth.
Superintendent McPherson advised that a report to the Board will be
forthcoming in the ne~r future.
Chairman ivy presented the Otelia J. Rainey Youth-in-Action
volunteers with a formal resolution recognizing their efforts.
Supervisor Bradshaw moved the Board adopt the following Resolution:
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RESOLUTION TO RECOGNIZE THE EFFORTS OF
THE OTELIA J. RAINEY YOUTH-IN-ACTION
WHEREAS; The Otelia J. Rainey Youth-In-Action has served the
community with dedicated service; and,
WHEREAS; The following Youth-In-Action Members:
Demetrice Urqhart - President
Taylor Britt - Vice President
Bryce Lawrence - Secretary
Reece Britt - Treasurer
Tevin Lawyer LaCleder Odom
Brittney Eley Demotes Simmons
Danielle Eley Ashley Johnson
Desmond Barnes Shayla Brown
Dominique King
have through leadership, dedication and by example made a contribution to
the citizens; and,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express its gratitude and recognition of nine-hundred and eighty two hours of
volunteer community service by the Otelia J. Rainey Youth-in-Action
Members in the year of two thousand six and seven.
BE 1T FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
The inotion 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 Regional reports.
Chairman ivy reported that the main topic of discussion at the most
recent meetings of the Hampton Roads Partnership and Mayors and Chairs
Caucus has been the Hampton Roads Transportation Authority. He advised
an organizational meeting will be held on July 18, 2007 and he requested that
Vice-Chairman Clark attend in his absence. He noted at that meeting, a
timeline is to be established for the Authority. He stated Art Collins,
HRPDC, the Governor and Pierce Homer, Secretary of Transportation, have
indicated a willingness to work in conjunction with the Authority in changing
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the way the tax structure is laid out. He also stated that he had rece~~tly
accepted an award relative to actions taken by the Board of Supervisors
relative to the Authority and its ability to work together.
Chairman ivy reported that the Military and Federal Facilities Alliance
feels strongly about keeping the majority of the facilities intact. He noted
further updates will be forthcoming on the NASA/Langley facility.
Supervisor Bradshaw reminded the Board that the NACo Conference is
to be held this weekend in Richmond. He noted 5,000 elected officials will
be in attendance and an influx of tourism is anticipated due to the 2007
Jamestown Celebration. He advised that the County is hosting at least one
(1) bus to transport individuals from Richmond to Jamestown.
Supervisor Clark noted that the Board and staff would be attending
classes at the NACo Conference in an effort to exchange ideas about what
other counties are doing across the nation.
Supervisor Wright commented that the County is being nationally
recognized for its PACE Program and Supervisor Clark will be accepting the
award in the absence of Chairman lvy.
Supervisor Clark reported that the first meeting of the Hampton Roads
Transportation Authoriry (HRTA) will be held following the Hampton Roads
Planning District Commission meeting. He noted that he would have an
update for the Board at its August 2, 2007 meeting.
Supervisor Wright reported that the Western Tidewater Regional Jail
Authority has hired a consultant to formally readvertise the position of Jail
Superintendent. He advised that tlle Jail housed 156 Federal inmates.
Regarding the Western Tidewater Water Authority, Supervisor Wright
reported that additional dialogue is needed with Norfolk.
Supervisor Brown reported that the Southeastern Public Service
Authority (SPSA) Board of Directors amended the July 1, 2007 budget by
$140,000 to continue operation of the six (6) part-time household hazard
collection sites. He advised that 39 positions within SPSA were eliminated
and there were 31 early retirements in an effort to reduce the budget. He
noted the Executive Director and the Board agreed not to include the Black
Bear Landfill in Camden Counry, North Carolina a~id the marine garbage
terminal in Portsmouth in the regional solid waste management program. He
advised that John Hadfield will not retire and will continue to serve as the
Executive Director. He advised that Chairman Bennett appointed him and
the Southampton Supervisor to serve on the Nominating Committee for
officers to serve on the Board of Directors.
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County Administrator Caskey added that the Southeastern Public
Service Authority (SPSA) Board of Directors is discussing the issue of waste
flow and they are anticipated to reach a resolution at the next Board meeting.
He noted in September/October, each jurisdiction will be asked to consider
local ordinances endorsing waste flow controls within the region. He stated,
it not only reverses the Carbone decision, it also provides SPSA the ability to
reduce the tipping fee from $100 per ton back to $50 per ton.
Supervisor Brown added with respect to flow control, the Southeastern
Public Service Authority (SPSA) will cease to entertain taking out-of-state
waste. County Administrator Caskey stated there is ongoing debate as to
what potential impact this action may have on commercial/private haulers
and their customers.
//
Chairman ivy called for Transportation Matters.
Kirsten M. Mazur, County Engineer, advised that MacFarland Neblett,
Residency Administrator/Waverly District, was in attendance.
Chairman ivy requested that the List of VDOT Responses to Action
Items from Various Board Meetings contained in the agenda be modified to
reflect only the items th~t need addressing.
Chairman ivy inquired about the status of the drainage work that is
needed on Grace Street.
Mr. Neblett advised that, following a meeting with Mr. Dashiell, it was
determined that no action is necessary at this time; however, special attention
will be given to keeping the area leading to the steel channels open. He
advised that the street is not suitable for heavy truck traffic, but the overlay
that is to be applied should provide needed strength to the roadway.
Supervisor Bradshaw inquired if anyone from the Town of Windsor
had contacted his office regarding drainage issues near the Windsor High
School.
Mr. Neblett replied tllat the VDOT Operations Manager had been
notified, but he was not aware of the status.
Supervisor Bradshaw requested the status of the drainage study on
Route 460 in Zuni.
Mr. Neblett advised that the study should be complete by the end of
August, 2007, at which time what action is necessary to resolve the issue will
be identified.
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Supervisor Bradshaw inquired about the status of the yield/stop sign
leaving the tuilnel at Zuni circle.
Mr. Neblett advised that he has not yet received a response back from
the VDOT Traffic Engineer and that he would follow up accardingly on the
request.
Mr. Neblett reported that VDOT has addressed overhanging trees on
ten (10) of the County's roadways and that it intends to continue in this
effort.
Chairman lvy questioned the status of "No Through Truck" signage on
Four Square Road/Route 620.
Ms. Mazur noted that there are two (2) additional projects proposed on
Route 620 to widen the roadway for trucks and if "No Through Truck" signs
are installed, the project may be null and void.
Chairman ivy recommended installing the signs until the construction
is complete.
Mr. Neblett offered to speak with the Attorney General's representative
at Hampton Roads District to determine how the law reads with respect to the
temporary placement of si~ns and report back to the Board.
Mike Huffman, Hardy District, requested the creation of a
Transportation Commission.
Supervisor Bradshaw moved that staff be directed to review the request
and return to the Board with recommendations. 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 Citizens Comments.
Brian Rowland of Walters appeared and spoke in reference to religion.
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Chairman ivy called for Board Comments.
There were no Board comments offered.
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Chairman ivy called for the County Attorney's report.
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Assistant County Attorney Popovich presented a request for a tax
refund to VA Timberline, LLC due to a Board of Equalization revision. He
stated the Interim County Attorney has approved the refund and he
recommends that the Board authorize the Chairman to sign the refund on
bellalf of the Board.
Supervisor Bradshaw moved the Board authorize the Chairman to
approve the refund due to VA Timberline, LLC. 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 n~otion.
Assistant County Attorney Popovich presented a Time and Materials
Work Order from URS Corporation for a maximum fee of no more than
$6,000. He advised that the Interim County Attorney has approved the Order
as to form and he recommends that the Board authorize the Chairman to sign
it on behalf of the Board.
Supervisor Wright moved the Board authorize the Chairman to execute
the Time and Materials Wark Order f'rom URS Corporation 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.
Assistant County Attorney Popovich presented an amendment to the
Department of Health agreement with regards to cost sharing. He advised
that the Interim County Attorney has approved the Agreement as to form and
he recommends that the Board authorize the Chairman to sign on behalf of
the Board.
Supervisor Clark moved the Board authorize the County Administrator
to enter into the agreement with the Department of Health on behalf of the
Board. The motion was adopted by a vote of (S-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy voting in favar of the motion and
no Supervisors voting against the motion.
Assistant County Attorney Popovich presented a copy of revised by-
laws for the Historic Architectural Review Committee, which has been
reviewed by the lnterim County Attorney.
Supervisor Clark moved that the Board authorize the Chairman to
execute the Historic Architectural Review Committee By-Laws on behalf of
the Board. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Wright and Ivy votin~ in favor of the motion and
no Supervisors voting against the motion.
Assistant County Attorney Popovich presented an agreement for
consulting services with Howlett & Associates, which the Interim County
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Attorney has approved as to form and he recommends the Board authorize
the Chairman to sign it on behalf of the Board.
Supervisor Bradshaw moved the Board authorize the Chairman to
execute the consulting agreement 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.
Attorney Popovich advised that he had eight (8) matters to discuss with
the Board later dLiring the Closed Meeting.
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Chairman ivy called for the Parks and Recreation report.
William L. Twine, Director of Parks and Recreation, advised that a
clean-up of the Tyler's Beach Boat Harbor area is currently underway. He
reported registration of commercial boaters will resume following
identification of boat owners. On the issue of the $500 fee for non-County
residents to use the boat harbor, staff has been advised by the Army Corps of
Engineers that the County should not charge out-of-County residents more
than County residents if the County wants to remain on their list of sites for
dredging. He noted that t11e electrical panels and receptacles installed at the
facility in the past for the commercial boaters to utilize has not been activated
by Dominion Virginia Power as they were located too low to the ground and
are in the flood plain. He noted that the boaters have also advised that the
present location of receptacles is too far from the boats to be of any use. He
further noted the need for restrooms; abandoned/sunken boats; and certain
law enforcement issues have come up and will be addressed with the
commercial boaters and residents of the area.
Relative to the issue of electrical power at the site, Supervisor Wright
indicated his opposition to the installation of a 220 amp service, noting that
ll0 amps would be sufficient.
Mr. Twine relayed a suggestion of one of the users of the facility to
place a manned mini convenienee center at that location.
Supervisor Clark moved the Board direct County Administrator Caskey
and staff to report back to tl~e Board at its August 2, 2007 meeting on how
the electrical receptacle issue came about; what was paid far originally; what
staff person was responsible for it and what contractor put it in. 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.
//
8
Chairman ivy called for the Tourism report.
Judy H. Winslow, Director of Tourism, presented a request to relocate
the Smithfield-Isle of Wight Convention and Visitors Center and the
Department of Tourism offices to the Isle of Wight Museum.
Chairman ivy noted that the relocation would place the Department of
Tourism in a more visible area and utilize County resources to the fullest
extent.
Supervisor Wright moved the Board approve the relocation of the
Tourism Department and Visitors Center to the Isle of Wight Museum. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Wright and Ivy voting in favor of the motion and no Supervisors
voting against the motion.
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Chainnan [vy called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Honor the
Firefighters Impacted by the Tragedy in Charleston, South Carolina far the
Board's consideration. He noted that a formal resolution signed by each of
the Board members and the County's fire chiefs will be sent to Charleston.
Chairman ivy moved the Board adopt the following Resolution:
RESOLUTION TO HONOR THE FIREFIGHTERS
iMPACTED BY TH~ TRAGEDY
IN CHARLESTON, SOUTH CAROLiNA
WHEREAS, on June 18, 2007, nine (9) courageous firefighters lost
their lives in the line of duty while attempting to protect lives and property in
Charleston, South Carolina; and,
WHEREAS, the tragic events exemplify both the dangers inherent in
firefighting as well as the bravery of the men and women who serve our
communities daily as public safety professionals; and,
WHEREAS, the public officials and public safety personnel in Isle of
Wight County, Virginia were deeply saddened by the loss of the nine (9)
heroic firefighters in Charleston, South Carolina; and,
WHEREAS, the Isle of Wight County community wishes to express its
deepest sympathies to Mayor Joseph P. Riley, Jr., Fire Chief Russell B.
Thomas, Jr., and the families, friends, and coworkers of the deceased
firefighters.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
honor the firefighters whose lives were lost in the line of duty and express its
deepest sympathies to their families, friends, and coworkers for the untimely
loss of life of those brave individuals.
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.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, re~ferenced the VACo 2008 Legislative Program
contained in the agenda. He added that County's le~islative issues have been
developed for submission to VACo.
Supervisor Bradshaw requested that staff ineet with the Schools and
Social Services Department. He stated a Resolution should be developed
with respect to a state-wide gas tax for transportation funding.
The Board discussed the fact that over the past four (4) years, ihe
General Assembly has been unable to assist the County with all, but one of
its relatively small issues that were developed ii~ an effort to operate the
County in a more efficient manner. It was noted that the most troubling issue
is tlie General Assembly's reliance upon authorities to take over the
responsibilities that the General Assembly has been charged with. It was
mentioned that Supervisor Clark serves on the Transportation Subcommittee;
Supervisor Bradshaw serves on the Finance Subcommittee; Chairman ivy
serves on the Education Subcommittee; Supervisor Wright serves on the
Agriculture Subcommittee; County Administrator Caskey serves on the
Administration of Government Subcommittee; and Donald T. Robertson
serves on Health and Human Services.
Mr. Robertson advised that in 2005 Delegate Barlow subn~itted a Bill
in relation to the Board's concerns about VDOT signage, specifically historic
sites and retail centers in the County. He further advised the Bill was carried
over in 2005 to 2006, at which time the committee never acted on it. He
nofed the decision must then be made whether or not to press forward with
those legislative issues. He noted that the issues of a gas tax and authorities
will be included in the County's legislative priority list, which will be
forwarded to VACo.
Liesl R. DeVary, Director of Budget and Finance, presented individual
copies to the Board of the approved 2007-2008 Operating and Capital
Budget. She advised that copies of the Budget will be placed in each of the
County's library facilities, as well as posted on the County's website.
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Patrick J. Small, Assistant County Administrator, distributed copies of
a Press Release advising that Rusty Chase has been hired as the new
Coordinator of Emergency Management, effective July 30, 2007 and Andy
Aigner has been hired as the County's new Coordinator of Fire and EMS,
effective September 1, 2007. He advised that both individuals will be present
for the hurricane exercise scheduled for July 19, 2007.
Supervisor Clark requested the Coordinator of Emergency
Management and Coordinator of Fire and EMS be prepared to speak at an
Isle of Wight Citizens Association meeting very soon following their arrival.
//
Chairman ivy called for consideration of the Consent Agenda.
A. Local Emergency Management Performance Grant (LEMPG) -
FY2007-08
Resolution to Accept and Appropriate Funds from the State
Department of Emergency Management for the LEMPG
Program
B. Blackwater River Steering Committee
C. Dominion Power Easement for the Carrsville Well Facility
D. Estimated Cost to Extend Sewer to Courthouse Area
E. Wood Chipper - Woody Acres Way
F. County Policy Amendment
Resolution to Amend the County Policy Manual Chapter 7,
Article III
G. Proposed Dominion VA Power 500 Kil~ovolt (kV) Transmission
Line to be Located Within Isle of Wight County
H. Correspondence from the Town of Windsor Regarding Revisions
to the Town's 7oning Map
I. Preliminary Subdivision Plat for St. Luke's Village, Sections l
and 2
J. Planning Commission Action List of June 26, 2007
K. Delinquent Real Estate Tax Collection Monthly Report
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L. May 3, 2007 Regular Meeting Minutes
M. May 9, 2007 Special Meeting Minutes
N. May 23, 2007 Joint Meeting Minutes
Supervisor Bradshaw moved the Board adopt the Consent 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.
//
Chairman ivy called for Appointments.
Supervisor Bradshaw moved that the Board accept the declined
appointment of Al Casteen to serve on the Board of Assessors. 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 that the Board appoint Jeanette Chapman to serve
on the Board of Assessors 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.
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Chairman ivy called for Old Business.
Chairman ivy advised that the Sheriff's Department is having difficulty
in enforcing the 16-hour time limit provided for in the County's Ordinance to
Amend Chapter 1 l, Motor Vehicles and Traffic, Article IV, Parking, which
was adopted by the Board at its December 21, 2006 meeting.
Supervisor Clark moved the Board direct Interim County Attorney
Burton to revise the Ordinance with respect to the 16-hour time limit due to
the difficulty of the Sheriffls Office in being able to enforce it. The motion
was adopted by a vote of (5-0) witll 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.
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Chairman ivy advised that he and Supervisor Brown attended the
recent joint Isle of Wight and Smithfield Planning Commissions workforce
housing meeting. He requested that staff provide the Board members with a
bound report; that a Housing Officer position be employed by the County to
oversee programs for workforce housing; that the Zoning Ordinance be
rewritten to allow for affordable dwelling units; that workforce housing
targets be developed and established with new developments; and set up a
workforce housing trust fund, which would allow residents to get into
workforce housing that they are currently unable to and it would be managed
by the Housing Officer and funded through transfer taxes or recordation fees
and grants.
Supervisor Brown added that the County needs to provide enticements
to developers to encourage them to be willing to do the affordable housing.
He noted that currently there are unresolved issues, but it is anticipated that
the task force will be making a presentation to the Board.
Chairman ivy moved that the task force provide a presentation at the
Board's August 2, 2007 meeting; that staff work with the Planning
Commission so that when the Commission provides a recommendation, it is
the actual Strategic Plan and Aetion Plan and how to implement it. The
following points are to be included: Budget Housing Officer position; re-
write of the Zoning Ordinance to allow for affordable dwelling units; work
force development targets are to be set; and a work force trust fund is to be
created. 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 direct staff to forward a request
for service to Charter Communications froin citizens in the Carrsville District
who reside on Holly Run Road. 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.
U
Assistant County Attorney Popovich requested the Board enter the
Closed Meeting pursuant to Section 2.2-3711.A.7 regarding consultation
with legal counsel requiring the provision of legal advice pertaining to actual
litigation; pursuant to Section 2.2-3711.A.7 regarding consultation with legal
counsel requiring the provision of legal advice pertaining to a specific
contract regarding Heritage Park; pursuant to Section 2.2-3711.A.7 regarding
consul~ation with legal counsel requiring the provision of legal advice
pertaining to actual litigation; pursuant to Section 2.2-3711.A.1 regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to two (2) personnel matters of two (2) specific public officials;
pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel
regarding specific legal matters related to the Tidewater Inn; pursuant to
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Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the
provision of legal advice pertaining to a specific legal matter related to the
Health Department lease; pursuant to Section 2.2-3711.A.3 regarding
discussion or consideration of the acquisition of real property for a public
purpose; and pursuant to Section 2.2-3711.A.1 regarding consultation with
legal counsel requiring the provision of legal advice pertaining to a personnel
matter as requested by Supervisor Clark.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reasons stated by Assistant County Attorney Popovich. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
Wright and Ivy voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Wright and Ivy voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certitles that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were diseussed in the closed meeting to which this certifcation
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
14
ABSENT DURING MEETING: 0
Supervisor Clark moved the Board approve the contract with Rountree
Construction and the proposed amendment discussed in the Closed Meeting
contingent upon review and approval of the County Attorney's office. 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 to direct staff to advise the Planning
Commission that there be no windrows associated with the proposed
Dominion Virginia Power 500 Kilovolt (kV) transmission line to be located
within Isle of Wight 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 the General Services report.
E. Wayne Rountree, P.E., Assistant County Administrator, presented a
Resolution to Authorize the Solicitation of Proposals for a Water and Sewer
Rate Analysis for the Board's consideration.
Supervisor Brown moved the Board adopt the following Resolution:
RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS
FOR A WATER AND SEWER RATE ANALYSIS
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has determined that it is appropriate to solicit proposals for a water
and sewer rate analysis for Public Utilities.; and,
WHEREAS, County staff will need to discuss and negotiate the scope
of services, as well as determine the experience and overall competencies of
potential vendors.
NOW THEREFORE, BE 1T AND IT IS HEREBY RESOLVED that
the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code
of Virginia Section 2.2- 4303.C (1950, as amended), authorizes County staff
to conduct competitive negotiation through a request for proposals for the
needed services noted based on its determination that competitive sealed
bidding is not a practicable means of making the most appropriate selection
of a provider of these services.
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 absent for the vote.
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Ms. Mazur advised that in order to relocate mailboxes along Route 258
to the other side of the roadway would require that the roadway be widened
to allow a turn-off area for the mail carrier as there is a sight distance
problem.
Supervisor Clark requested that Ms. Mazur contact Mrs. Grace Keen to
advise her of her findings.
//
At 7:30 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 ills Storm, Clerk
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Stan D. Clark, Vice-Chairman
Approvcd as to form:
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A. Paul Burton
Interim County Attorncy
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