10-18-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Ivy called the meeting to order at 6:00 p.m.
//
Supervisor Brown delivered the invocation.
//
The Pledge of Allegiance was conducted.
//
Chairman Ivy called for Approval of the Agenda.
Interim County Attorney Burton requested the following amendments
to the agenda: Add a General Services report to the agenda following the
County Attorney's report with the remainder of the agenda being
renumbered accordingly; under the General Services report, add an Item (A)
concerning discussion of setting a Scenic Rivers Public Forum regarding the
designation of the Blackwater River as a Virginia Scenic River; under the
General Services report, add an Item (B) concerning a Water Conservation
report, as requested by Supervisor Phillip Bradshaw; under Consent Agenda,
Declaration of Surplus Property, add an additional Resolution to Deem
Certain Property as Surplus for additional surplus property not included in
the original resolution; under New Business, add an Item (B), concerning
discussion of adoption of a resolution to consider holding the public hearing
for the Benn's Grant application at another location other than the Board
room, per the request of Chairman Ivy; add one (1) item under the County
Attorney's Closed Meeting Report; add a matter under Old Business, per the
request of Supervisor Wright; and, under Regional Reports, add a report
from the Finance Committee, per the request of Supervisor Bradshaw.
1
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, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Chairman Ivy called for Special Presentations/Appearances.
Gina Ippolito, Department of Parks and Recreation, formally
introduced Mr. James Bloom to the Board.
Chairman Ivy moved that the Board adopt the following Resolution:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF
JAMES MITCHELL BLOOM
WHEREAS, James Mitchell Bloom has served the community with
dedicated service; and,
WHEREAS, James Mitchell Bloom is a member of Boy Scouts of
America, Troop #3, Smithfield, Virginia and is pursuing his Eagle Scout
Ranking; and,
WHEREAS, Mr. Bloom for undertaking exterior painting of the four
main buildings at Carrollton Nike Park.
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 148 hours of volunteer community
service benefit given by Mr. Bloom during the summer of 2007.
BE IT FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Melanie Goerger, 4-H Extension Agent and Unit Coordinator,
formally introduced Mr. Nathan O'Berry as the County's new Agriculture
and National Resources Extension Agent for the Virginia Cooperative
Extension office.
June Fleming, Chairwoman, Board of Trustees of the Blackwater
Library, formally introduced Barry Moss, President of Tymoff & Moss
Architects, who summarized the Blackwater Regional Library Feasibility
2
Study of Library Space and Facility Needs through the year 2030. He stated
a total of three (3) new library facilities are recommended, two (2) of which
would be larger facilities located in the Smithfield and Carrollton areas and a
smaller facility in the Windsor area for a total cost of approximately $11.5
million.
Supervisor Bradshaw suggested that the feasibility of utilizing existing
school libraries be investigated.
Mr. Moss responded that utilization of existing school library facilities
by both students and the general public is not a preference of the State
Library Board.
Ms. Fleming commented that while it may not be the State Library
Board's preference, such facilities do exist and have been found to work
well in some places and poorly in others.
Supervisor Bradshaw moved that the Blackwater Regional Library
Feasibility Study of Library Space and Facility Needs be sent to the Budget
and Finance and CIP Committees for their review and consideration. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown,
Ivy and Wright voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Clark absent for the vote.
//
Chairman Ivy called for Regional reports.
Chairman Ivy reported that at the most recent meeting of the Mayors
and Chairs, the Eastern Virginia Health Systems Agency, the primary
agency responsible for issuing the Certificate of Public Need for hospitals, is
being severely under funded by the State and had requested funding for
operational purposes. He advised that no action was taken as the sentiment
of the localities was that this is the State's responsibility and until it is held
responsible for funding its own agencies, they should not come to rely upon
local governments to do so.
Supervisor Bradshaw reminded the Board of the upcoming VACo
Annual Conference scheduled for November 11-13, 2007 at The Homestead.
Supervisor Bradshaw reported that the Board's Finance Committee, at
its meeting earlier today, discussed the expansion of the County's Animal
Shelter. He noted that they further discussed establishing budget guidelines
for the County Administrator and Director of Budget and Finance to follow
for the upcoming year.
Supervisor Bradshaw moved that the Board authorize staff to move
forward with the RFP process for the construction of an Animal Shelter.
3
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Clark, Ivy and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board is expecting a flat budget
with no increases and that the only increases in personnel will be based on
the recommendation of the County Administrator, which will be reviewed
and considered by the Board with the exception of the already approved
Deputies in the Sheriff's Five-Year Plan. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Ivy made reference to the letter sent to the Board from the
President of the Commission on Aging relative to the possible reduction in
companion services as a result of a service change, not a budget constraint.
He advised that he had requested Supervisor Bradshaw to discuss the matter
with the Social Services Board.
Supervisor Bradshaw reported that, at the direction of Chairman Ivy,
he had spoken on the Board's behalf that the companion program is an
important service provided by the County and that the Board wished to
ensure that the service would continue with no disruption. He advised that
on behalf of the Board and as a member of the Social Services Board, he had
made a motion that there would be no change in the companion program at
this time and that all services would move forward and be maintained as
they currently exist. He advised that he further made a motion to direct the
Social Services Director, along with the Commission on Aging, other senior
services organizations and the Chairman of the Social Services Board to
meet and develop a mission statement specifically stating the mission of the
companion services program for Isle of Wight County, to include what the
County is trying to do and accomplish; develop goals and objectives; and,
formulate specific policies and guidelines. He noted that both of the above
motions were approved by the Social Services Board.
Supervisor Clark reported that the Hampton Roads Planning District
Commission had held a general discussion to ensure all studies and
budgetary requests from the Federal government and State include language
with an emphasis on rapid transit, both on the Peninsula and southside.
Supervisor Clark reported that the Hampton Roads Transportation
Authority's Legislative Committee had recommended that several of the
funding mechanisms be eliminated in the General Assembly plan, to include
the $10 automobile inspection fee; the 5% tax on automobile repairs; the
grantor's tax of 40%; and, the annual registration fee of $10, which were
consolidated into an increased motor vehicle tax of 5%; a one (1) time
vehicle registration fee of 2%; an increase in the tax on motor fuel sales to
5%, which netted the Authority $166,800,000 annually as opposed to the
$162,000,000 that the prior General Assembly package would have netted.
4
Supervisor Wright reported that Senator Quayle will be present at the
next meeting of the Western Tidewater Regional Jail Authority and will
receive complaints regarding the Commonwealth of Virginia taking funds
from the Federal government.
Supervisor Brown reported on a recent inaccurate article printed in
The Virginian-Pilot relative to the Southeastern Public Service Authority
which stated that flow control is unfair. He advised that he was contacted
by SPSA members asking if he would sign a letter that is being prepared to
refute the allegations in the editorial, which he referred on to Mr. Robertson
for a collective response from the Board.
//
Chairman Ivy called for Transportation Matters.
No transportation matters were offered for discussion by the Board.
//
Chairman Ivy called for Citizens Comments.
LaGrant Williams, Operations Manager, Allied Waste, distributed
copies of a service log report to the Board in response to previous service
issues.
Herb DeGroft offered to advise the Commission on Aging Chairman
regarding the action taken by Supervisor Bradshaw under Regional Reports.
He distributed copies of the Budget Advisory Committee's approved
categories, designed to assist the public in understanding the breakdown of
the School Board's budget for FY07-08.
//
Chairman Ivy called for comments from the Board.
Chairman Ivy commented that as a County Supervisor, he must
consider how various issues that come before the Board affect the entire
County. He noted his main focus is how issues can and will impact the
citizens of the Smithfield District. He noted that he has been asked on many
occasions to state his position on the Benn's Grant development application
and his reply to each has been reserved with good reason; there have been
and will continue to be many changes to the application, which remains at
the Planning Commission level and has not come before the Board for a
vote. He noted that a sitting Supervisor is precluded from saying how he or
she will vote until a matter has been entirely presented to the Board and a
public hearing has been held and to do so would jeopardize the legal validity
5
of the Board's vote and could give standing to sue. He stated he is listening
intently to his constituents' concerns and based on constituents' input, some
of the major concerns that he is monitoring regarding the Benn's Grant
application are: business impact on the merchants within the Town of
Smithfield; preserving the appeal of Main Street and that there is and shall
continue to be only one Main Street in the County; maintaining the rural
charm of the community; and, the number of houses proposed and the
impact of traffic. He stated he will continue to cast his vote for the
continued interest of the Smithfield District. He requested that he be kept
informed of all concerns and opinions so that he can do his job with the
input of the constituents of the Smithfield District.
Interim County Attorney Burton advised that the reason why Board
members should not make any commitments on a vote before the Benn's
Grant application is considered by the Board is because developments of
this type are an evolving process and the application that is seen today is not
necessarily the application that will be considered tomorrow. He stated one
can not form an opinion when the facts are not known until the application
is presented to the Board, as a body. He stated as a board, the Board is
supposed to consider applications in an open, fair and deliberative process
when it is presented. He stated at this point in time, the Board does not
know what the final recommendation of the Planning Commission is going
to be or what the final project is going to look like. He stated it is
impossible for the Board to form an opinion until it knows what the facts
will be. He stated as a deliberative body, if the Board starts to form
opinions, it tends to look like the Board is not acting in a fair and
deliberative manner. He stated the County has a Comprehensive Plan,
which contains established legislative policies of the County, which states
that the County has created three (3) Development Service Districts and
other areas with RAC designations that the Board wants to remain rural and
the County also has a Zoning Ordinance which says to developers and
others that there are certain areas that the Board wants to develop. He
confirmed that a member of the Board, by speaking out, can legally bind the
entire Board and create the possibility of the County being involved in a
lawsuit and challenged by a developer. He stated the "fairly debatable"
standard term involves someone presenting evidence that a person acted,
formed an opinion and voted before he ever had the facts and was, therefore,
acting in a biased manner.
//
At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Clark, Ivy and Wright voting in favor of the motion and no Supervisors
voting against the motion.
//
6
Chairman Ivy called for a public hearing on the following:
An Ordinance to Amend Chapter 2, Administration.
Interim County Attorney Burton verified that the Ordinance had been
properly advertised. He noted that the proposed Ordinance addresses false
alarms with respect to volunteer rescue services.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed Ordinance.
Mike Huffman, Hardy District, spoke in opposition noting a concern
with the portion of the Ordinance dealing with automatic dialers and
whether or not those residents who already have automatic dialers would be
grandfathered. He agreed that the occurrence of false fire alarms needs to be
addressed; however, he would recommend that the proposed Ordinance be
further reviewed.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Chairman Ivy advised Mr. Huffman that the proposed Ordinance does
not preclude automatic dialing of an alarm service. He noted that false
alarms wear on the volunteers and these departments save the County a great
deal of money.
Chairman Ivy moved that the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND
CHAPTER 2. ADMINSTRATION.
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the extremely large amount of false alarms being received
by fire, rescue and law enforcement personnel; and
WHEREAS, Section 15.2-911 of the Code of Virginia (1950, as
amended) provides that a locality may by ordinance regulate the installation
and maintenance of alarm systems operated by alarm company operators.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 2. Administration be amended
by adding the following:
Article VL False Alarms.
Sec.2-15. Purpose.
7
The purpose of this Article is to minimize unnecessary use of the
County's emergency services by reducing the number of false alarms and
regulating the installation and maintenance of alarm systems.
Sec.2-15. Definitions.
The following words, terms and phrases, when used in this Article,
shall have the meaning ascribed to them herein, except where the context
clearly indicates a different meaning:
Alarm system means any device or system that transmits a signal that
indicates a hazard or occurrence requiring an emergency response. The term
"alarm system" shall not include a personal, direct telephonic call requesting
emergency services.
Alarm user and user mean the occupant of premises protected by an
alarm system.
Answering service means a telephone answering service that receives
emergency signals from alarm systems and informs the County emergency
communications center.
Automatic dialing service means a device interconnected to a
telephone line and programmed to indicate a need for emergency response.
Chief means any one of the volunteer fire department fire chief's or
their designee.
False alarm means any alarm signal received by the County emergency
communications center which is not in response to an actual or possible
emergency. False alarms include negligently activated signals, signals due
to faulty, malfunctioning or improperly installed or maintained equipment,
and signals purposely activated to summon fire, rescue and/or law
enforcement personnel in non-emergency situations. False alarms do not
include signals activated by unusually severe weather conditions, utility
conditions or other causes which the chief or the Sheriff determines were
beyond the user's control.
Indirect alarm transmittal means any alarm system which causes a
third party or answering service to notify the County emergency
communications center of an alarm activation.
Installer means any person who installs, services, monitors, sells or
leases any alarm system.
Interconnect means to connect an alarm system to a voice-grade
telephone line, either directly or through a mechanical device that utilizes a
8
standard telephone, to transmit an emergency message upon the activation
of the alarm system.
Negligently activated signals means signals transmitted due to
carelessness or negligence in installation, maintenance or operation of an
alarm system.
Non-emergency situations means situations where an immediate
response by fire personnel is not necessary to protect life or property.
Sheriff means the Isle of Wight County Sheriff or his designee.
Sec.2-16. Penalty.
Violations of Sections 2-17, 2-19 and 2-20 shall be punishable as a
Class 1 misdemeanor.
Sec. 2-17. User data form.
Upon installing an alarm system, all users shall submit a County data
form to the County emergency communications center with the following
information: name and location of the alarmed premises; type of alarmed
premises (residential or commercial); normal operating hours, if
commercial; individuals designated by the user to respond when notified;
manufacturer, model and type of alarm system; name, address and telephone
number of the service company; zone of alarm, if applicable; and other
applicable information. This requirement shall not be applicable to single-
unit heat and smoke detectors four (4) or less in number.
Sec. 2-18. Training of persons using system; maintenance of system.
It shall be the responsibility of alarm system users to provide training
to employees, tenants or other persons about activation of the alarm system
in emergency situations and about proper operation of the alarm system,
including setting, activating and resetting the alarm. All instructions about
alarm systems and procedures shall be in writing and shall be available for
inspection by the appropriate County employees or agents. The user shall
also be responsible for maintaining the alarm system in proper working
order.
Sec. 2-19. Automatic dialing devices.
It shall be unlawful for any person to install, sell, lease, use or cause or
allow to be installed, sold, leased or used, within the County, automatic
dialing devices or systems which are set or programmed to directly contact
the County emergency communications center without the prior approval of
the Sheriff.
9
Sec. 2-20. Deliberate false alarms.
It shall be unlawful for any person to knowingly activate or cause to be
activated an alarm system in anon-emergency situation without just case.
This shall not prohibit periodic testing of direct transmittal systems when
the County emergency communications center has been notified in advance.
Sec. 2-21. Service fee for false alarms.
(a) Response by fire and/or rescue personnel. Fees in the following
amount shall be assessed against commercial alarm system users for false
alarms resulting in response by fire and/or rescue personnel and occurring
during any period of one hundred eight (180) successive days, and against
residential alarm system users during an period of ninety (90) successive
days. Alarm system users shall pay such service fee for false alarms within
thirty (30) days of billing.
(1) First false alarm ........................ No Charge
(2) Second false alarm ..................... No Charge
(3) Third false alarm ........................ $100.00
(4) Fourth false alarm ...................... $250.00
(5) Fifth and subsequent false alarms .... $500.00
(b) Response by Sheriff's office personnel. Fees in the following
amounts shall be assessed against commercial alarm system users for false
alarms resulting in response by Sheriff's office personnel and occurring
during any period of one hundred eighty (180) successive days, and against
residential alarm system users during any period of ninety (90) successive
days. Alarm system users shall pay such service fee for false alarms within
thirty (30) days of billing.
(1) First false alarm ........................ No Charge
(2) Second false alarm ..................... No Charge
(3) Third false alarm ........................ $50.00
(4) Fourth false alarm ...................... $75.00
(5) Fifth and subsequent false alarms .... $150.00
(c) Exceptions. Service fees shall not be charged for false alarms
from alarm systems in premises owned, leased, occupied or under the
control of the United States, the Commonwealth of Virginia, political
10
subdivisions of the Commonwealth of Virginia, or any of their officers,
agents or employees while they are acting or are employed in their official
capacity. However, all other requirements of this Article shall apply to such
systems.
(d) Billing; interest on unpaid charges. The chief and the Sheriff
shall notify the County Emergency Communications Center of each false
alarm to which they respond and such information shall be retained and
maintained by the County Emergency Communications Center. At the end
of each month, the Emergency Communications Manager shall notify the
Isle of Wight County Treasurer of service fee assessments for false alarms.
The Emergency Communications Manager shall provide the name of the
alarm system user, the address of the false alarm, and the amount due for the
false alarm. The Isle of Wight County Treasurer shall bill the user and
notify the Emergency Communications Manager when any account is more
than thirty (30) days in arrears. Any account more than thirty (30) days in
arrears shall be subject to interest at the legal rate provided by the Code of
Virginia, commencing when the account is more than thirty (30) days in
arrears.
For state law as to authority of the County to
regulate alarm systems, see Code of Va., § § 15.2-911
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Ivy requested County Administrator Caskey to follow up
with the Fire and EMS Coordinator and the Sheriff with respect to how the
homeowner is notified.
Chairman Ivy called for a public hearing on the following:
An Ordinance to Amend and Reenact Chapter 11, Motor Vehicles and
Traffic, Article IV, Parking.
Interim County Attorney Burton stated the proposed amendment was
the result of a request made by the residents in the Gatling Pointe North and
Gatling Pointe South Subdivisions and is for the Board's consideration.
Chairman Ivy called for persons to speak in favor of, or in opposition
to, the proposed Ordinance.
No one appeared to speak.
Chairman Ivy closed the public hearing and called for comments from
the Board.
11
Supervisor Clark moved that the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND AND REENACT ISLE OF
WIGHTCOUNTY CODE "CHAPTER 11. MOTOR VEHICLES AND
TRAFFIC.
ARTICLE IV. PARKING".
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has determined that there is a need to define certain classifications
of vehicles and identify those areas within Isle of Wight County where it is
necessary to prohibit the parking of such classified vehicles in order to
enhance pedestrian and vehicular safety; and
WHEREAS, it is the Board of Supervisors' intent to protect and
preserve the public investment in such streets that are designed primarily for
residentially-related traffic and to protect and preserve the character of
designated residential areas; and
WHEREAS, by an ordinance adopted on December 21, 2006, the
Board of Supervisors of Isle of Wight County, Virginia, did prohibit parking
within the Gatling Pointe, North and South, subdivision for no longer than a
period of 16 hours; and
WHEREAS, it has come to the attention of the Board of Supervisors
of Isle of Wight County, Virginia, that enforcement of said ordinance has
been determined to be problematic by the Sheriff of Isle of Wight County,
Virginia.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic.
Article IV. Section 11-31.1. Parking prohibited or restricted in specified
places. of the Isle of Wight County Code be amended as follows:
Sec. 11-31.1. Parkin prohibited or restricted in specified places.
(a) For purposes of this Section 11-31.1, the classification of
vehicles shall be as follows:
(1) Commercial Vehicle:
(i) Any vehicle with a gross vehicle weight of ten
thousand (10,000) pounds or more, or a length of 21 feet or more, including
trailers or other attachments;
(ii) Any vehicle, regardless of size, used in the
transportation of hazardous materials as defined in Section 103 of the
federal Hazardous Materials Transportation Act (49 C.F.R. Part 172,
Subpart F);
12
(iii) Any heavy construction equipment, whether located
on the street or on a truck, trailer or semi-trailer;
(iv) Any solid waste collection vehicle, tractor truck or
tractor truck/semi-trailer or tractor/truck combination, dump truck, concrete
mixer truck, or towing or recovery vehicle; or
(v) Any trailer, semi-trailer or other vehicle in which
food or beverages are stored or sold.
(2) Passenger Carrying Vehicle:
(i) Any vehicle designed to carry sixteen (16) or more
passengers, including the driver; or
(ii) Any vehicle licensed by this Commonwealth for use
as a common or contract carrier or as a limousine.
(3) Recreational Vehicle: Aself-propelled device designed or
used for transporting persons or property for or in connection with
recreation, as distinguished from mere transportation, having a gross vehicle
weight of ten thousand (10,000) pounds or more, or a length of 21 feet or
more, including motor homes and campers.
(4) Trailers or Other Attachments: A device, whether or not
self-propelled, designed or used for transporting property including such
things as motorcycles, travel trailers, campers, boats and automobiles.
(b) Designation of Specific Vehicle Classification and Areas Subject
to Restriction: No person shall park any Commercial Vehicle, Passenger
Carrying Vehicle, Recreational Vehicle or Trailers or Other Attachments on
any road, highway or street within the state's secondary system of highways
in any of those areas or subdivisions in the County described below:
(1) Gatling Pointe (North and South)
In the case of subdivisions, the areas governed by this Section 11-31.1 shall
be those areas commonly known by the names listed above and designated
on the plats of subdivision recorded in the Isle of Wight County Circuit
Court Clerk's Office. Such restrictions shall have no application to any
privately owned street, or any street owned by a property owners'
association within the listed areas. In the event a street serves as the
dividing line between a designated residential subdivision and an adjoining
commercial zoning district, the parking restrictions shall apply only on the
residentially-zoned side of the street.
13
(c) Procedure for Consideration and Establishment of Designated
Areas:
(1) The determination of streets and areas to be subject to
such parking restrictions shall be based on characteristics including, but not
necessarily limited to:
(i) location within a residential zoning classification
area with special characteristics or features that could be adversely impacted
by on-street parking of large vehicles;
(ii) density of development, with primary focus on
residential subdivisions with a typical lot size of one (1) acre or less;
(iii) predominant lot width and street frontage
characteristics, with primary focus on subdivision settings where typical lot
widths are 150 feet or less;
(iv) location-specific safety issues including, but not
limited to, consideration of traffic volumes, street surface width, sight
distance, and use characteristics; or
(v) documentation or determination of inappropriate
parking of classified vehicles or the potential for such parking to occur.
(d) Applicability: The prohibitions and restrictions set forth in this
Section 11-31.1 shall have no application when a vehicle is parked or
stopped in compliance with the order of a law enforcement officer or a
traffic control device, or during a permitted period of time in officially-
designated parking areas, or in the case of a vehicular breakdown, or in an
emergency which renders it necessary. In addition, the prohibitions and
restrictions contained herein shall have no applicability to any vehicle while
such vehicle is in actual use for loading or unloading or while actually
engaged in the provision of goods or services.
(e) Penalty for Violation: Any person who violates any provision of
this Section 11-31.1 shall be guilty of a traffic infraction, punishable as a
Class 4 misdemeanor ($250.00).
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Chairman Ivy called for the County Attorney's report.
14
Interim County Attorney Burton requested the Board's authorization
to advertise an amendment to the Fire Protection Ordinance at the Board's
November 15, 2007 meeting to reenact the County Code, Chapter 7, Fire
Prevention, Article III, Open Burning, by adding a new Section 7-8.1, which
would grant authority to the County Administrator or his designee to ban
open burning in the County when conditions exist that would make open
burning a threat to life or property, or as a nuisance provided by the State
Fire Prevention Code. He recalled that the Board had previously adopted an
Emergency Ordinance, which is good for only sixty (60) days and this would
be a permanent Ordinance in the County Code so that the Board would not
have to go through an Emergency Ordinance and would be able to
administratively deal with such situations without the Board having to take
action each time.
Chairman Ivy moved that the Board authorize the County Attorney's
office to advertise the proposed Ordinance for public hearing at the Board's
November 15, 2007 meeting. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Ivy requested County Administrator Caskey and Interim
County Attorney Burton advise the Town Managers and Attorneys for
Smithfield and Windsor that the Board adopted the Ordinance and provide
copies so that they may pursue adoption on their own.
Interim County Attorney Burton requested permission to advertise an
amendment to the Garbage, Weeds and Litter Ordinance at the Board's
November 15, 2007 meeting for the purpose of amending an Ordinance to
reenact Chapter 8, Garbage, Weeds and Litter, Section 8-15, Certain Refuse
not Acceptable. He stated language has been added to address the concerns
voiced by citizens regarding their inability to dispose of various types of
construction materials for residential purposes.
Supervisor Clark moved that the Board authorize the County
Attorney's office to advertise the proposed Ordinance for public hearing at
the Board's November 15, 2007 meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board's Garbage Committee be
authorized to review trash sites in other localities to observe the types of
items that are being accepted and how they are being handled with respect
to disposal. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Interim County Attorney advised he had two (2) items to discuss with
the Board later during the Closed Meeting.
15
//
Chairman Ivy called for the General Services report.
E. Wayne Rountree, P.E., Director of General Services, requested that
the Board consider a date to hold the Scenic Rivers Public Forum meeting
concerning the designation of the Blackwater River as a Virginia Scenic
River.
Supervisor Bradshaw moved that the Board authorize a special joint
meeting with the Southampton County Board of Supervisors on November
20, 2007 at 7:00 p.m. at the Paul D. Camp Workforce Development Center
for the purpose of having a public forum on the proposal to make the
Blackwater River a Scenic River Designation. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
//
Chairman Ivy called for the Emergency Services report.
Patrick J. Small, Assistant County Administrator, presented a request
from the Windsor Volunteer Rescue Squad for an additional allocation of
$22,000 to assist with the purchase of an ambulance that was included in the
Capital Budget nine (9) years ago. He advised that bids had been solicited
and the low bid received was in the amount of $105,000. He noted an
additional $22,000 is needed in order to purchase the replacement
ambulance.
Chairman Ivy inquired what would be done with the existing
ambulance.
Mr. Small responded that the ambulance that is to be taken out of
service could possibly be utilized in the Rushmere and Carrsville areas.
Supervisor Wright moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR THE PURCHASE OF A
REPLACEMENT AMBULANCE FOR THE WINDSOR VOLUNTEER
RESCUE SQUAD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the purchase of a replacement ambulance for the
Windsor Volunteer Rescue Squad; and,
16
WHEREAS, the bids received for the replacement of this ambulance
exceed the available budget for this purchase in the amount of twenty-two
thousand dollars ($22,000); and
WHEREAS, funds not to exceed the amount of twenty-two thousand
dollars ($22,000) needs to be appropriated from the Unappropriated Fund
Balance to the FY 2007-08 Capital Budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that an amount
not to exceed twenty-two thousand dollars ($22,000) from the
Unappropriated Fund Balance of the General Fund be appropriated to the
FY 2007-08 Capital Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Chairman Ivy called for consideration of the Consent Agenda.
A. "Isle Pre-pay" Personal Property Proposal
B. Monthly Financial Reports for County and Schools
C. Interest Rate Cap on Consumer Loans
D. Change in Board of Supervisors' Meeting Schedule
Resolution of the Board of Supervisors of Isle of Wight
County, Virginia to Change Its Meeting Schedule Adopted
by the Board at its Organization Meeting of January 4,
2007
E. Declaration of Surplus Property
Resolution to Deem Certain Property as Surplus
17
Resolution to Deem Certain Property as Surplus for
additional surplus property not included in the original
resolution
F. Acceptance and Appropriation of Funds - 2005 State Homeland
Security Grant Application
Resolution to Accept and Appropriate Funds Received
from the Virginia Department of Emergency Management
Under the State Homeland Security Grant Program
G. Planning Commission Action List of September 25, 2007
H. Delinquent Real Estate Tax Collection Monthly Report
L September 6, 2007 Regular Meeting Minutes
Supervisor Bradshaw moved that the Board remove Item (F) per the
request of Chairman Ivy and adopt the remainder of the Consent Agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Relative to Item (F) -Resolution to Accept and Appropriate Funds
Received from the Virginia Department of Emergency Management Under
the State Homeland Security Grant Program, removed from the Consent
Agenda, Liesl R. DeVary, Director of Budget and Finance, informed
Chairman Ivy that the County accepts the grant for a generator from the
Virginia Department of Emergency Management and passes it through to
the Smithfield Police Department.
Chairman Ivy moved that the Board approve the following Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS RECEIVED
FROM THE VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT UNDER THE STATE HOMELAND SECURITY
GRANT PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the submission of an application for the Virginia
Department of Emergency Management (VDEM) under the State Homeland
Security Grant Program on behalf of the Town of Smithfield; and,
WHEREAS, funds in the amount of twenty-six thousand dollars
($26,000) or so much as shall be received needs to be accepted and
appropriated to the appropriate line items in the FY 2007-08 Operating
Budget of the County of Isle of Wight, Virginia.
18
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that
twenty-six thousand dollars ($26,000) or so much as shall be received be
appropriated to the FY 2007-08 Operating Budget of the County of Isle of
Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Chairman Ivy called for Appointments.
There were no appointments offered by the Board.
//
Chairman Ivy called for Old Business.
Supervisor Wright reported that Sunday's edition of The Daily Press
ran an informational article on plastic bags and that he had been contacted
by certain lobbying groups concerning the banning of plastic bags.
//
Chairman Ivy called for New Business.
Interim County Attorney Burton recommended, due to the amount of
citizens anticipated to be present, that the Board consider an alternative
location to holds its public hearing on the Benn's Grant application.
Chairman Ivy requested Interim County Attorney Burton to first
contact Smithfield High School to determine if the auditorium can be
secured for the public hearing by the Board, when scheduled. If not
available, Interim County Attorney Burton should proceed with attempting
to secure the main room at The Smithfield Center for the public hearing.
Supervisor Clark requested that General Services staff contact the
Librarian at the Carrollton Library regarding water leakage in the walls and
roof of that library and to enlist the assistance of Mr. Peter Andreau, Schools
Construction Manager.
19
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to a specific contract; pursuant to Section 2.2-37ll.A.7 of the
Freedom of Information Act regarding consultation with legal counsel
requiring the provision of legal advice pertaining to Lawnes Point; and,
pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act
regarding consultation with legal counsel requiring the provision of legal
advice pertaining to Benns Grant.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reasons stated by the County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright
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 Brown,
Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WI~REAS, 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,
WI~REAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Brown, Bradshaw, Clark, Ivy and Wright
20
NAYS : 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Bradshaw moved that staff be directed to develop a
Resolution of appreciation to Ben Rideout for consideration at the Board's
October 30, 2007 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board authorize and approve the
compensation as discussed in Closed Meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
//
At 8:35 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.
Thomas R Ivy, Chairman
Carey Mills Storm, Clerk
21
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board authorize and approve the
compensation as discussed in Closed Meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
/i
At 8:35 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (S-~0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
.G~ !2
Thomas R. Ivy, Chairman
Care Mi is Stor ,Clerk
n
~i