10-30-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRTIETH DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr. (Arrived at 4:07 p.m.)
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 4:00 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 amendments to
the agenda: Under the County Attorney's Report, add public hearing
authorization on the Fourth Amendment to the Lease Agreement of the
Johnson Farm; under the County Administrator's Report, add A Resolution
to Deem Certain Property as Surplus; under the County Administrator's
Report, add authorization of staff to begin negotiations with Moffatt and
Nichol for engineering services associated with the intermodal park; under
the County Administrator's Report, add approval of the transfer of
$1,213.48 from the Board's Contingency line item to the appropriate line
item in the Information Technology Department Operating Budget; under
New Business, add two (2) matters, the first pertaining to consideration of
an exemption of charitable organizations from the Utility Tax and the
second pertaining to a smoking ban in County restaurants and other
facilities, per the request of Supervisor Bradshaw; and, under Old Business,
add two (2) matters, the first pertaining to a request fora 3-D simulation for
the Benns Grant development and the second pertaining to Charter
Communications, per Supervisor Bradshaw.
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Supervisor Bradshaw moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent for the
vote.
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Chairman Ivy called for Special Presentations/Appearances.
Chairman Ivy recognized Benjamin V. Rideout for the contribution of
engraved nameplates for the Board.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO EXPRESS APPRECIATION TO
BENJAMIN V. RIDEOUT
WHEREAS, Mr. Benjamin V. Rideout is a resident of Isle of Wight
County; and,
WHEREAS, Mr. Rideout is actively involved in efforts to beautify the
community and improve the quality of life for citizens in Isle of Wight
County; and,
WHEREAS, Mr. Rideout recently provided engraved nameplates for
each of the members of the Isle of Wight County Board of Supervisors; and,
WHEREAS, the Board of Supervisors desires to express its
appreciation for the benevolence of Mr. Benjamin V. Rideout.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia expresses
its heartfelt appreciation for the engraved nameplates provided by Mr.
Benjamin V. Rideout.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent for the
vote.
Supervisor Brown arrived at the meeting. He recognized Mr. Rideout
for his efforts in designing the monument at the Isle of Wight County
Training School.
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Sheriff C. W. Phelps updated the Board regarding the expansion of the
County's Animal Control shelter. He advised that RFPs have been solicited
for an architect. He advised that due to a shortage in manpower in that
office, he assigned a deputy to full-time status approximately three (3)
months ago, as well as auxiliary deputies on weekends in order to keep the
facility open to the public. He stated he is working in conjunction with the
courts to get assistance with community service workers to clean the
kennels.
Sheriff Phelps noted that three (3) additional School Resource Officers
(SRC) positions that the Board provided in the current year's budget have
been stationed in three (3) elementary schools to ensure the safety of all
students and school personnel. He stated that he is looking forward to the
day that all of the schools will have SROs.
Sheriff Phelps advised that the furniture has been received for the
back-up system for the emergency communications center in Smithfield and
a grant has been awarded to fund the telephones and log-in recorder. In
addition, some of the phone lines have been installed and the remainder are
on order from Verizon. He noted the electrician is expected to verify that
the circuits are on the generator today. He advised the radios are staged at
the radio shop and have been tested. He stated the log-in recorder has been
shipped and will be in place upon completion of the order.
Sheriff Phelps notified the Board of the receipt of grants in the amount
of $18,000 from the Division of Motor Vehicles for special enforcement
efforts. He stated the majority of the grant is allocated towards funding
overtime for officers to conduct seatbelt, DUIs and speeding violations
throughout the year. He stated staff is currently working in conjunction with
the Newport News Police Department in a j oint DUI checkpoint on
November 3, 2007 at the James River Bridge from 9:00 p.m. unti14:00 a.m.
He advised that his office has generated approximately $32,000 in fines
during the past three (3) months.
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Chairman Ivy called for Regional reports.
Supervisor Wright reported that the School Superintendent has
provided him with a draft outline for after-school youth programs in the
County, anticipated to cost approximately $250,000 annually. He advised
that the Western Tidewater program at Smithfield High School will be
discontinued. He further advised that the School Board's attorney is
currently reviewing the teacher/cadet program contract.
Chairman Ivy moved that the Board direct County Administrator
Caskey to correspond with the School Superintendent and the Director of the
Western Tidewater Community Services Board with the request that they
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appear before the Board at its November 15, 2007 meeting to discuss the
elimination of the Western Tidewater program at the Smithfield High
School. 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 moved that the School Superintendent provide the
Board an update on after-school programs 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.
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Chairman Ivy called for Transportation Matters.
Kristen M. Mazur, County Engineer, noted contained in the agenda for
the Board's reference is an updated spreadsheet illustrating the status of
various transportation projects in the County.
Chairman Ivy requested Ms. Mazur to contact Mr. Woodard regarding
his concern about the curve at the bridge on Courthouse Highway.
Supervisor Brown requested Ms. Mazur to elaborate on the preventive
solutions for the drainage problem on Route 10.
Ms. Mazur advised that the possibility of a box culvert being installed
underneath Route 10 is being investigated with VDOT and that staff is
keeping in mind the fact that the existing ditches have either been neglected
or have been filled in during road construction.
Supervisor Bradshaw inquired about the status of the culvert on Route
460 in Zuni at Kitchens Mart.
Mac Neblett, VDOT Waverly Residency Administrator, advised that
he is awaiting receipt of a report regarding the anticipated cost of an
additional pipe at that location. He offered to follow-up with his immediate
supervisor on this matter.
Supervisor Bradshaw requested the status of the tunnel at Thomas
Woods Trail and Zuni Circle.
Mr. Neblett advised that VDOT is reviewing the possibility of a turn-
around at that site if school buses can be re-routed to Thomas Woods Trail.
Supervisor Bradshaw inquired about the status of the widening of the
culvert.
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Mr. Neblett offered to investigate and report back to Supervisor
Bradshaw on the status.
Supervisor Bradshaw requested action be taken to encourage motorists
to stop at the stop sign.
Supervisor Bradshaw notified Mr. Neblett that the stop sign has been
removed on the Thomas Woods Trail side and he requested that a 45 mph
speed sign be erected at that site.
Supervisor Bradshaw requested action be taken to funnel traffic out of
the tunnel to Route 460 versus the traffic proceeding back up to Zuni Circle
within the community.
Mr. Neblett advised that the possibility of laying line markers on the
road is being investigated.
Supervisor Bradshaw requested the status of the drainage problem in
Walters.
Mr. Neblett advised that he will be revisiting the site before the end of
the week.
Supervisor Clark moved that the Board direct staff to coordinate a
meeting at the Eagle Harbor Shopping Center to include Chairman Ivy,
Supervisor Clark, Sheriff Phelps and Mac Neblett relative to the sequencing
of lights on Route 17 at the James River Bridge between the hours of 4:00
p.m. and 6:00 p.m. 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 Clark moved that the Board direct staff to follow the
procedure necessary to request that the hours for bridge lifts on the James
River Bridge be limited. 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 requested the status of the Blackwater Bridge.
Mr. Neblett advised that the project is scheduled for advertisement
either at the end of January 2008 or early part of February 2008. He advised
that the project is currently being financed with State funds, but could be
delayed if Federal funds become involved.
Chairman Ivy requested the status of 202 Waterpoint Lane.
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Mr. Neblett advised that staff is in the process of determining whether
the problem can be corrected through adjustments to the drainage box or if
the existing curbing on both sides needs to be lifted.
Chairman Ivy requested that Mr. Neblett advise the homeowner of his
findings.
Ms. Mazur noted contained in the agenda is information pertaining to
the restriction of through trucks on Foursquare Road/Broadwater Road
(Route 620) for the Board's consideration. She further noted that the matter
will be advertised for the Board's November 15, 2007 meeting for public
hearing at which time the Board will have a Resolution for consideration.
Supervisor Bradshaw moved that the Board approve the proposed
schedule that includes the November 15, 2007 public hearing by the Board.
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.
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Chairman Ivy called for Citizens Comments.
No one appeared and spoke.
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Chairman Ivy called for Board Comments.
No comments were offered.
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Chairman Ivy called for the County Attorney's report.
Interim County Attorney Burton requested authorization to advertise
for public hearing the Chapter 4. Buildings/Article III Inspections Ordinance
at the Board's November 15, 2007 meeting.
Arthur E. Berkley, Director of Inspections, advised that since the
change in the fee schedule in 2005, several items have been found to be
inequitable concerning the fees to calculate the levy; reduce the application
fee to $150 under the Appeals process; reduce $40 to $30 the permit fee;
and, allow the fees to automatically upgrade when changed in the
regulations with respect to amusement rides.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to advertise the matter for public hearing at the Board's
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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.
Interim County Attorney Burton requested that the Chairman call a
special meeting to hold a public forum by the Virginia Department of
Conservation and Recreation to consider making a segment of the
Blackwater River as a part the Virginia Scenic Rivers.
Supervisor Bradshaw moved that the Board advertise the special
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.
Interim County Attorney Burton requested authorization to set a public
hearing on the Fourth Amendment to the Lease Agreement of the Johnson
Farm for an additional year for $780 for the Board's November 15, 2007
meeting.
Supervisor Clark moved that the Board authorize the County
Attorney's office to advertise the fourth amendment to the lease agreement
of the Johnson Farm. 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 Burton identified five (5) items for
discussion with the Board in Closed Meeting.
//
Chairman Ivy called for the County Administrator's report.
Liesl R. DeVary, Director of Budget and Finance, presented a
Resolution to Appropriate Funds from the Designated Fund Balance for the
Completion of Various Carryover Operating and Capital Projects for the
Board's consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR THE COMPLETION OF VARIOUS
CARRYOVER OPERATING AND CAPITAL PROJECTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the carryover of previously appropriated funds for
various operating and capital projects; and,
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WHERAS, the funds in the amount of four million four hundred thirty-
two thousand thirty-three dollars ($4,432,033) need to be appropriated to
complete various approved Operating and Capital Budget projects from the
Designated Fund Balance to the fiscal year 2007-08 Operating and Capital
Budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that the
sum of four million four hundred thirty-two thousand thirty-three dollars
($4,432,033) from the Designated Fund Balance be appropriated to the
fiscal year 2007-08 Operating and Capital 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.
Ms. DeVary presented a Resolution to Accept and Appropriate
$1,459,254 from the State and Federal Governments for Carryover Grant
Programs for the Board's consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE ONE MILLION FOUR
HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTY-FOUR
DOLLARS FROM THE STATE AND FEDERAL GOVERNMENTS FOR
CARRYOVER GRANT PROGRAMS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received grant funding for various grant programs; and,
WHEREAS, the following funds in the amount of one million four
hundred fifty-nine thousand two hundred fifty-four dollars ($1,459,254)
need to be accepted and appropriated to the Fiscal Year 2007-08 Operating
Budget of the County of Isle of Wight, Virginia:
Grant State Federal
DMV Selective Enforcement
10,918.27
Home Program 228,902.17
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Governor's Youth (GOSAP) 9,550.00
Pesticide Recycling 1,875.00
V-Stop 10,276.91
COPS Technology 11,170.16
CDBG Booker T. Estates 1,142,561.32
VA Port Authority 44,000.00
1,197,986.32 261,267.51
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that the
amount of one million four hundred fifty-nine thousand two hundred fifty-
four dollars ($1,459,254) to be received from the above grant programs be
accepted and appropriated to the appropriate line items in the Fiscal Year
2007-08 Operating Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting 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.
Ms. DeVary distributed a revised Resolution to Appropriate Funds for
School Carryover Obligations for the Board's consideration. She advised
that the Resolution contained in the agenda is in error as it does not include
the operating purchase orders and the food services amount.
Supervisor Bradshaw moved that the Board adopt the following
Resolution, as revised:
RESOLUTION TO APPROPRIATE FUNDS FOR
SCHOOL CARRYOVER OBLIGATIONS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the appropriation of carryover funds to cover
approved expenditures from the School Operating Fund Balance at June 30,
2007 to the FY 2007-08 School Operating Budget; and,
WHEREAS, the funds in the amount of eight hundred three thousand
five hundred forty-two dollars ($803,542) is available in the School
Operating Fund Balance and has been approved for appropriation to the FY
2007-08 School Operating Budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that eight
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hundred three thousand five hundred forty-two dollars ($803,542) from the
Fund Balance of the School Operating Fund be appropriated to the FY 2007-
08 School 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.
Ms. DeVary presented a Resolution to Appropriate Funds from the
School's Fund Balance for the Completion of Various Capital Projects for
Schools for the Board's consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE SCHOOL' S
FUND BALANCE FOR THE COMPLETION OF VARIOUS CAPITAL
PROJECTS FOR SCHOOLS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the carryover of previously appropriated funds for
various capital projects for Isle of Wight County Schools; and,
WHERAS, the funds in the amount of two hundred fifty-nine thousand
six hundred thirty-nine ($259,639) need to be appropriated to complete
various approved Capital Budget projects from the School Construction
Fund Balance to the fiscal year 2007-08 School Construction Budget of the
County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that the
sum of two hundred fifty-nine thousand six hundred thirty-nine ($259,639)
from the School Construction Fund Balance be appropriated to the fiscal
year 2007-08 School Construction 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.
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Ms. DeVary presented a Resolution to Appropriate Funds from the
designated Fund Balance for the Completion of Various Capital Projects for
Schools for the Board's consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR THE COMPLETION OF VARIOUS CAPITAL
PROJECTS FOR SCHOOLS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the carryover of previously appropriated funds for
various capital projects for Isle of Wight County Schools; and,
WHERAS, the funds in the amount of one hundred eighty-two
thousand seven hundred sixty-five dollars ($182,765) need to be
appropriated for various Capital Budget projects from the Designated Fund
Balance to the fiscal year 2007-08 General Operating and Capital Budget of
the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that the
sum of one hundred eighty-two thousand seven hundred sixty-five dollars
($182,765) from the Designated Fund Balance be appropriated to the fiscal
year 2007-08 General Operating and Capital 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.
Ms. DeVary presented a Resolution to Accept and Appropriate Funds
from the State and Federal Governments for Carryover Grant Programs for
the Board's consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE
STATE AND FEDERAL GOVERNMENTS FOR CARRYOVER GRANT
PROGRAMS
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received grant funding for various grant programs; and,
WHEREAS, the following funds in the amount of two hundred fifty-
six thousand three hundred twenty-five dollars ($256,325) need to be
accepted and appropriated to the Fiscal Year 2007-08 School Operating
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 the
amount of two hundred fifty-six thousand three hundred twenty-five dollars
($256,325) to be received from various grant programs be accepted and
appropriated to the appropriate line items in the Fiscal Year 2007-08 School
Operating Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting 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.
Ms. DeVary presented a Resolution to Appropriate Carryover Funds
for School Textbook and Health Insurance Expenditures for the Board's
consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE CARRYOVER FUNDS FOR SCHOOL
TEXTBOOK AND HEALTH INSURANCE EXPENDITURES
WI~REAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the appropriation of textbook and health insurance funds to
the School Board to cover expenditures incurred during FY 2007-08; and,
WI~REAS, funds in the amount of five million two hundred twenty-four
thousand three hundred sixty-three dollars ($5,556,363) need to be appropriated
from the textbook and health insurance fund balances in the amounts of four
hundred twenty thousand dollars ($420,000) and four million eight hundred four
thousand one hundred sixty-five dollars ($4,804,165) respectively to cover approved
expenditures in the noted funds to be incurred in the FY 2007-08 Operating 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 five million two
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hundred twenty-four thousand three hundred sixty-three dollars ($5,556,363) need
to be appropriated from the textbook and health insurance fund balances in the
amounts of four hundred twenty thousand dollars ($420,000) and four million eight
hundred four thousand one hundred sixty-five dollars ($4,804,165) respectively to
the FY 2007-08 School 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.
Ms. DeVary presented A Resolution to Deem Certain Property as
Surplus for the Board's consideration.
Chairman Ivy moved the Board adopt the following Resolution and
authorize its inclusion in the sale of surplus property to be held November 3,
2007:
RESOLUTION TO DEEM CERTAIN PROPERTY AS SURPLUS
WHEREAS, the County of Isle of Wight has personal property
consisting of vehicles and equipment that is no longer serviceable or needed
and has been replaced by new equipment by the County of Isle of Wight;
and,
WHEREAS, the Board of Supervisors of Isle of Wight County deems
the following personal property to be surplus and desires to dispose of same
at public auction;
1997 Ford F250
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, as the Central Purchasing Agent be and is hereby
authorized to sell said surplus property after advertising the date, place and
terms in a newspaper having general circulation in the County of Isle of
Wight at least five (5) days prior to said sale and the County Administrator
shall report to the Board of Supervisors of the County of Isle of Wight as to
the disposition of said property.
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.
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Patrick J. Small, Assistant County Administrator, notified the Board
that RRPs had been solicited for a professional engineering firm to assist
staff in designing, master planning and development of the 600 acre parcel
in the Central Development Service District for an intermodal park project.
He advised that because only one (1) bid was received, staff must have the
Board's authorization to proceed. He advised that that he anticipates
bringing a contract to the Board for its consideration over the next several
months.
Supervisor Bradshaw moved the Board authorize staff to begin
negotiations with Moffatt and Nichol for engineering services associated
with the intermodal park. 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.
Assistant County Administrator Small notified the Board that a trip
has been scheduled for November 29th, 30th and December 1, 2007 to review
an intermodal park in Alliance, Texas.
Mr. Small offered to provide the Interim County Attorney with any
details associated with the upcoming trip.
Chairman Ivy directed staff to advertise the trip as a public meeting.
Kari L. Sletten, Director of Information Technology, distributed a copy
of a Board Report concerning network cabling for the General District
Courts building. She advised that eight (8) new computers have been
received by the State that do not contain network cards compatible with the
existing wiring in the building. She further advised that the General District
Courts building needs to be rewired to accommodate the new computers and
because the County owns the building, the County is responsible for its
maintenance. She stated unfortunately the State did not inform the County
of this request in time for staff to properly budget and, as a result, a transfer
from the Contingency line item to cover this cost is necessary. She noted
that staff wanted to bring this to the Board's attention because it has recently
taken over other responsibilities that have belonged to the State in the past
involving network support for the Registrar's office, to include e-mail
accounts and printers. She noted that a similar situation has also occurred
with the Forestry Department in which Internet access was requested and
provided for on a temporary basis for which the County will not receive
reimbursement from the State.
Supervisor Bradshaw moved the Board approve the transfer of
$1,213.84 from the Board's Contingency line item to the appropriate line
item in the Information Technology Department Operating Budget
contingent upon the Director of IT contacting the Director of General
Services to determine if this matter can be handled internally. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,
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Ivy and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board direct staff to develop a
report listing the IT services that have been taken over by the IT Department
from the State and that the report be forwarded the County's Legislative
Delegation emphasizing the unfunded mandates that have come from the
State. 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. Monthly Engineering Projects Report
B. Litter Prevention and Recycling Grant Funds Received
Resolution to Accept and Appropriate Litter Grant
Program
Funds from the Commonwealth of Virginia
C. Endorsement of Bike and Pedestrian Grant Application
Resolution to Endorse the Application of the Department
of
Parks and Recreation for a Transportation Enhancement
Grant
Phase I, Battery Park Road Project
Supervisor Wright moved that the Consent Agenda be approved as
presented. 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.
Chairman Ivy moved to accept the resignation of Wayne Willis
representing the Smithfield District on the Board of Building Appeals. 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 to appoint County Administrator Caskey
to serve a full three (3) year term on the Western Tidewater Community
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Services Board and that Donald T. Robertson serve as his designee. 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 Old Business.
Supervisor Bradshaw noted that a 3-D simulation program of the
Berms Grant project would be beneficial that shows the buildings and traffic
flow.
Amy Ring, Assistant Director of Planning and Zoning, advised that
there are different variations of 3-D programs, some of which contain
moving components or simulate visually as you move down a street.
Supervisor Bradshaw recommended that staff solicit a
recommendation from the Hampton Roads Planning District Commission
and that the program selected be obtained at the expense of the developer.
Supervisor Bradshaw moved that the Board direct staff to review the
technology associated with 3-D simulation for the Benns Grant development
that shows the buildings and associated traffic impact of the project. 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 requested County Administrator Caskey to
follow up on the Board's previous request for a map showing Charter
Communication's areas of service in the County.
County Administrator Caskey advised that he has directed Supervisor
Bradshaw's request to Charter Communications Director of Operations, but
has not yet heard back.
Supervisor Bradshaw requested Interim County Attorney Burton to
review the current Franchise Agreement to see if it includes a requirement
that Charter Communications provide a map illustrating its service area to
the Board.
Chairman Ivy indicated an interest in receiving a presentation from
Charter Communications relative to the expansion of cable services and high
speed Internet to portions of the County not currently receiving those
services.
//
16
Chairman Ivy called for New Business.
Supervisor Bradshaw moved that the Board direct the Interim County
Attorney to review the possibility of providing exemptions from the
Consumer Utility Tax to charitable organizations in the County. 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 direct the Interim County
Attorney to investigate the possibility of the County joining in with the
Cities of Norfolk and Virginia Beach to investigate what can legally be done
as a County with respect to banning smoking in public restaurants and other
facilities. 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 Burton requested a Closed Meeting pursuant
to Section 2.2-37ll.A.7 of the Freedom of Information Act concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to probable litigation; pursuant to Section 2.2-37ll.A.7 of the
Freedom of Information Act concerning consultation with legal counsel
requiring the provision of legal advice pertaining to actual litigation;
pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to specific public officials; pursuant to Section 2.2-
37ll.A.7 of the Freedom of Information Act concerning consultation with
legal counsel requiring the provision of legal advice pertaining to Benn's
Grant; and, pursuant to Section 2.2-37ll .A. l of the Freedom of Information
Act concerning a personnel matter pertaining to a specific public official.
Supervisor Clark moved that the Board enter the Closed Meeting for
the reasons stated by Interim County Attorney Burton. 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 Clark moved that the Board return to open session. 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 Clark moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
17
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.
V(~TR
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS : 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Clark moved that the Board authorize the County Attorney
to employ private legal counsel as discussed in Closed Meeting with regard
to HRSD litigation. 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 Clark moved that the Board authorize the County Attorney
to employ private legal services with regard to active zoning litigation in Isle
of Wight Circuit Court 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 6:50 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.
18
Thomas R Ivy, Chairman
Carey Mills Storm, Clerk
19
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisars
hereby certifies that, to the best of each member`s knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT Di.TRING MEETING; 0
Supervisor Clark moved that the Board authorize the County Attorney
to employ private legal counsel as discussed in Closed Meeting with regard
to HRSD litigation. 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 Clark moved that the Board authorize the County Attorney
to employ private legal services with regard to active zoning litigation in Isle
of Wight Circuit Court 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 6:50 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. ,Chairman
Care Mills Sto m, Clerk