02-21-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF FEBRUARY IN
THE YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr., Vice-Chairman
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: Mark C. Popovich, Assistant County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Clark introduced Jerica Robertson, a seventh-grade student
from Smithfield Middle School, who called the meeting to order at 4:00 p.m.
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Supervisor Wright delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Clark called for Approval of the Agenda.
AssistantCounty Attorney Popovich offered the following
amendments to the agenda: Under New Business, add an item relative to
the presentation of a petition regarding sewage/septic tanks from Orchards
Garden Thomas Park Citizens Group; under the County Attorney?s Report,
add an Item (H) regarding authorization of a Change Order with Sunward
HTE Inc. for the backup server and software purchase for the Emergency
Communications Department; under Special Presentations, add a
presentation from Lou Haddad, Armada Hoffler; under Special
Presentations, the first three (3) presentations should be 1) Resolutions of
Appreciation, 2) Lou Haddad/Armada Hoffler and 3) YMCA, with the other
presentations following accordingly; under Special Presentations, add an
Item (J), regarding a Multi-Modal Grant application; under the Parks and
Recreation report, remove the item relating to the 2008 County Fair and take
it up for discussion following Special Presentations out of deference to the
Chairman of the Fair Committee who is present to be recognized for his
efforts with Fort Huger; under the Parks and Recreation report, remove the
item relating to the Isle of Wight County Museum and take it up for
discussion following Transportation Matters to allow members of the
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Museum Foundation and citizens to speak to the matter during Citizens
Comments and defer the item to Old Business for action; under the County
Administrator?s report, add Item (E), a report entitled ?Town Meeting?;
under the County Administrator?s report, add Item (F), a report entitled
?Olde Town Curb Market?; and, under Old Business, add a Resolution in
Support of the Funding of an Educational Building for Eastern Virginia
Medical School.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for Special Presentations/Appearances.
Chairman Clark recognized Jerianne C. Gardner, Thomas Finderson,
David Russell Sawyer, Albert P. Burckard, Jr., Paul C. Harvey, Jr., Gary
Trout, Billie R. Cook and James S. Blesse for their efforts relative to the
preservation of Fort Huger.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For Jerianne C. Gardner
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, Jerianne C. Gardner selflessly gave countless hours of her
personal time to provide support and dedication to the extensive project
details in conjunction with County staff toward the historical research,
educational interpretation, physical elements and numerous opening
preparations of Fort Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Jerianne C. Gardner be recognized and commended for her
valued and outstanding service, and is presented this Resolution as a token
of the Board?s gratitude and esteem.
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The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For Thomas Finderson
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, Thomas Finderson selflessly gave countless hours of his
personal time to provide support and dedication to the extensive project
details in conjunction with County staff toward the historical research,
educational interpretation, physical elements and numerous opening
preparations of Fort Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Thomas Finderson be recognized and commended for his
valued and outstanding service, and is presented this Resolution as a token
of the Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For David Russell Sawyer
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, David Russell Sawyer selflessly gave countless hours of his
personal time to provide support and dedication to the extensive project
details in conjunction with County staff toward the historical research,
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educational interpretation, physical elements and numerous opening
preparations of Fort Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that David Russell Sawyer be recognized and commended for
his valued and outstanding service, and is presented this Resolution as a
token of the Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For Albert P. Burckard, Jr.
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, Albert P. Burckard, Jr. selflessly gave countless hours of his
personal time to provide support and dedication to the extensive project
details in conjunction with County staff toward the historical research,
educational interpretation, physical elements and numerous opening
preparations of Fort Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Albert P. Burckard, Jr. be recognized and commended for
his valued and outstanding service, and is presented this Resolution as a
token of the Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted;
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Resolution of Appreciation
For Paul C. Harvey, Jr.
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, Paul C. Harvey, Jr. selflessly gave countless hours of his
personal time to provide support and dedication to the extensive project
details in conjunction with County staff toward the historical research,
educational interpretation, physical elements and numerous opening
preparations of Fort Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Paul C. Harvey, Jr. be recognized and commended for his
valued and outstanding service, and is presented this Resolution as a token
of the Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For Gary Trout
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, Gary Trout selflessly gave countless hours of his personal
time to provide support and dedication to the extensive project details in
conjunction with County staff toward the historical research, educational
interpretation, physical elements and numerous opening preparations of Fort
Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
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Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Gary Trout be recognized and commended for his valued
and outstanding service, and is presented this Resolution as a token of the
Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For Billie R. Cook
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, Billie R. Cook selflessly gave countless hours of his personal
time to provide support and dedication to the extensive project details in
conjunction with County staff toward the historical research, educational
interpretation, physical elements and numerous opening preparations of Fort
Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that Billie R. Cook be recognized and commended for his
valued and outstanding service, and is presented this Resolution as a token
of the Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
Resolution of Appreciation
For James S. Blesse
Whereas, Historic Fort Huger in Isle of Wight County, a documented
site of both state and national significance due to its role as a former Civil
War military earthworks installation active from August 1861 - May 1862
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along a deep navigable channel in the James River, was acquired by the
County in 2006; and,
Whereas, James S. Blesse selflessly gave countless hours of his
personal time to provide support and dedication to the extensive project
details in conjunction with County staff toward the historical research,
educational interpretation, physical elements and numerous opening
preparations of Fort Huger; and,
Whereas, Historic Fort Huger was successfully opened to the public on
December 30, 2007 as one of the County?s projects in Commemoration of
th
our Nation?s 400 Anniversary;
Now Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that James S. Blesse be recognized and commended for his
valued and outstanding service, and is presented this Resolution as a token
of the Board?s gratitude and esteem.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Lou Haddad, Armada Hoffler, discussed the circumstances behind
Armada Hoffler?s withdrawal of its Benn?s Grant rezoning application. He
recognized that a great deal of County staff?s time and County funds have
been spent on this application, to include over $4,000,000 being invested by
Armada Hoffler, Rose & Womble and Wal-Mart. He stated that that this
project was contingent upon getting the approval of the Community
Development Authority (CDA) because it had increased so much in cost and
it was the advantages of CDA financing that were what was allowing the
project to be viable; however, he has since learned that CDA financing, with
the collapse of the credit market is, at this point, a very shaky proposition.
He stated, as a result, Armada Hoffler came to the conclusion that the
honorable way to proceed would be to withdraw its application. He stated
that the Board now has an opportunity to think about what it wants to see
happen in that area. He stated if the Board feels good about moving forward
with the Roadmap to Growth and Development Service Districts (DSD?s)
that have been outlined for this area, he would recommend that the County
take steps to streamline the process so that these types of circumstances do
not happen again. He stated to those who are in opposition to the project, it
is not enough to just say no to a project. He stated that the same challenges
remain in the County, in that it is underserved by retail; its tax dollars are
going into the coffers of other municipalities; it has a crisis in affordable
housing; and, good solid commerce parks are needed in order to move
forward with an industrial and office base. He stated that Armada Hoffler
will remain open to opportunities to work together with the County in the
future on a project that will hopefully have a different outcome than this
project.
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Chairman Clark, on behalf of the Board and staff, thanked Mr. Haddad
and his associates for the open and honest relationship exhibited with
regards to the Benn?s Grant development. He stated that the County looks
forward to working with Armada Hoffler in the future.
Charlie Broadwater, YMCA Board Member, briefed the Board on the
need for expansion of the current YMCA facility in Smithfield. He
recognized Linda Berling, Executive Director of the YMCA and Billy
Birdsong and Sally Belle Benedetti, YMCA Board Members, who were in
attendance. He advised that the membership units have grown from 519 in
2004 to 1,642 and the actual number of individual members has grown from
1,351 to 4,500. He advised that with respect to program growth, in 2004
there were 13 fitness classes and school-age childcare at three (3) locations
in the County with one (1) youth sports offered in every season, but today,
there are 90 fitness classes offered and school-age childcare at four (4)
locations in the County with two (2) youth sports leagues in each of the four
(4) seasons. He stated beginning in the spring, water safety instruction will
be offered for 400 children with swimming instructions to 250 fourth
graders beginning in the fall of 2008 from Westside Elementary School. He
stated there are 45-50 participants on the high school swim team and five (5)
of those individuals went to the State Championships. He advised that there
is a special swim team for the Smithfield community comprised of
individuals aging from 5-17. He stated swimming lessons are ongoing and
lifeguards are being trained who are also working at other pools in the
County. He advised that water exercise programs are offered, which are
primarily enjoyed by senior members. He stated that the Smithfield Girl?s
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Swim Team was 12 in the State among 67 teams. He advised that the
?Healthy Kids Day? and ?Active America Week? are programs designed to
provide information regarding nutrition, dental health, physical therapy,
chiropractic and posture services. He stated that the YMCA further partners
with fire, police and rescue squads with respect to training activities. He
advised that a tri-athlon is held in conjunction with the Department of
Tourism, the Town of Smithfield and the Sheriff?s Department. He advised
that health screenings and lectures are also offered. He advised in support of
the community, the YMCA is working in conjunction with Christian
Outreach with respect to Thanksgiving food boxes and an angel tree through
the Social Services Department. He advised that ?Bright Beginnings? is a
program supported through the financial donation of business individuals in
the community which is done in conjunction with the Social Services
Department in which children are taken on a shopping spree to purchase
some of the things they would not otherwise be able to so that they feel good
about themselves on their first day of school. He stated that no one is turned
away from membership with the YMCA and 23% of the current
memberships are supported financially in some way. He advised that the
YMCA raised $40,000 in 2004 in support of the YMCA Scholarship
Program and these funds were used to help subsidize the membership fees
of individuals and families. He stated $140,000 was raised in 2007 from the
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community. He stated that the YMCA needs to expand given its explosive
growth and popularity. He stated that the YMCA?s future vision calls for
expansion of the wellness center; additional space for locker rooms; two (2)
additional exercise classrooms; and, additional parking space. He advised
that he would be returning to theBoard in the future with a specific funding
request.
Supervisor Bradshaw inquired about the lease amount and asked who
is responsible for maintaining the building.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, advised that the YMCA is responsible for maintenance
of the building and parking area. He further advised that the lease
agreement was revised several years ago to reflect that the lease amount is
equivalent to the taxes that would have been paid on that property. He
stated that the YMCA also pays for its utilities.
Fred Westfall, Goodman & Company, presented the County?s
Financial Audit Report for the Year Ended June 30, 2007. He reported that
Goodman & Company, after performing the audit, has formed the opinion
that the County?s financial statements are presented in accordance with
general accepted accounting principles. He encouraged the Board to read
the Management Discussion and Analysis prepared by the County?s Director
of Budget and Finance. He stated that the County?s fund balance of the
General Fund at the end of the fiscal year was approximately $23,000,000.
He noted that included in the audit report are certain internal control issues,
which have been addressed with the appropriate members of management
and are in the process of being addressed. He advised that all internal
control issues noted last year have been addressed.
Supervisor Bradshaw moved that the Audit Report be accepted, as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Barbara Meese, Director of the Children?s Center, formally introduced
Martha Kellogg, Program Head of Child Development at Paul D. Camp
Community College and Chair of the Early Childhood Commission, Connie
Burgess, Director of the Early Childhood Commission and Scott Hiphurt,
President of the Virginia Early Childhood Foundation.
Mr. Hiphurt advised that the Virginia Early Childhood Foundation
was an outgrowth of Governor Warner?s Early Learning Council, which
ensures that young children show up in school on their first day with the
necessary social and emotional skills and is funded by the General Assembly
and private dollars so that those funds can be brought back into local
communities to develop collaborative projects that increase the school
readiness of small children. He stated that the council of each community is
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required to have representation of political and business leaderships, as well
as the Chambers of Commerce and lower and higher education to develop a
plan for long-term sustainability to ensure that children are beginning school
ready to learn and will become productive workers and good citizens. He
stated that the Foundation is currently funding coalitions in sixteen (16)
communities in Virginia, including Franklin and Southampton County. He
stated that this region seems to be a natural fit to expand and include the
County. He stated that funding will be provided over a two (2) year period
with sustaining funding being provided beyond that timeframe. He stated
that the Federal Reserve says that if economic development is desired, the
best investment is in young children and the data proves that for every dollar
invested, a minimal of $7 will be returned in economic development over
the long term. He advised that the City of Franklin and Southampton
County have been in a planning process for a year and they want to invite
the County to be part of a coalition.
Ms. Mease requested that the Board appoint two (2) individuals to
serve on the Early Childhood Commission. She advised that the City of
Franklin and Southampton County have both agreed to contribute $31,250
annually to match the partnership grant.
Supervisor Bradshaw recommended that Supervisor Brown and he
work with Barbara Mease to determine the best method for moving forward
with partnering with the City of Franklin and Southampton County.
Chairman Clark requested that County Administrator Caskey assign
staff members to assist Supervisors Bradshaw and Brown.
Supervisor Bradshaw advised that the City of Franklin and
Southampton County are moving forward in an effort to participate in the
County?s CASA Program.
Judy H. Winslow, Director of Tourism, formally introduced Mr. James
E. Fulghum who briefed the Board on the concept of a proposed Southside
Virginia Historical Library where a multitude of materials could be housed
to make it easier for decedents of southside residents to research their roots
while providing a location for families to place historical works and
materials pertinent to the evolution of southside families. He suggested that
such a facility could be developed in the County, not far from St. Luke?s
Church. He stated that representatives of the Library of Virginia are not
opposed and the Director of the District Libraries is in favor of such a
facility. He stated that to date, his family has raised $100,000 and he would
like for the County to commit land for the site before he, along with staff,
seek additional financial support from surrounding localities. He stated that
financial assistance would be requested from various regional southside
families; foundations interested in the development of libraries; the
development of historic facilities and the development of family history;
area legislative representatives; and, members of Congress. He stated that
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the development of a Planning Committee will be necessary and he would
like for a member of the Board and staff to serve on it. He noted that
representatives from other participating counties, founding families and
other interested parties are needed. He stated that help from the Isle of
Wight Historical Society will be solicited, as well as other interested citizens
from the participating counties. He noted such a facility will be a major
tourism attraction for the area.
Chairman Clark offered to serve on the Southside Virginia Historical
Library Committee. He requested Ms. Winslow to develop a list of names
of other individuals willing to serve on the Planning Committee.
Louis Jordan, Deputy Executive Director, Southeastern Public Service
Authority, formally introduced Chuck Harold, Landfill Superintendent. He
noted that they were present at the request of staff to discuss the hours of
availability of the household hazardous collection facility located within the
Isle of Wight Transfer Station operated by SPSA.
Chairman Clark advised Mr. Jordan that he had been contacted by a
constituent regarding his inability recently to dispose of hazardous
household items due to the limited hours of operation at the transfer station.
Supervisor Bradshaw noted that the hours of operation need to be
expanded in order to be more convenient for the public.
Mr. Jordan offered to switch one (1) Saturday per month with another
community to the County facility, which would make it more convenient for
County residents.
Supervisor Bradshaw inquired what it would take for the County?s
convenience centers to be able to accept hazardous waste. He noted that if
the hours of operation at the transfer station are not convenient for the public
and hazardous waste is not accepted at convenience centers, the public will
dispose of their hazardous waste in different locations throughout the
County, such as roadways and ditch banks.
Mr. Jordan stated following notification to the SPSA Board of his
intentions of making the Saturday switch, he would report back to County
Administrator Caskey regarding the date of the switch.
Chairman Clark requested that Mr. Jordan explore the alternative of
the County?s centers accepting hazardous waste with County staff.
Mr. Harold advised that in order to accept hazardous waste, the
County would need a hazardous materials storage building with secondary
containment and explosion proof features. He stated that significant training
would also be required in order to handle hazardous materials and SPSA
staff could assist with disposal.
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Supervisor Brown inquired where glass products are recycled.
Mr. Jordan responded that all glass in SPSA?s recycling programs is
handled by Tidewater Fiber, a materials recovery facility in Chesapeake. He
advised that a significant amount of the glass is not recycled, but rather used
productively in drainage ditches.
Supervisor Brown inquired what SPSA is doing in order to minimize
the amount of plastic bags from being blown from its trucks into
surrounding farm fields.
Supervisor Wright added that trucks have mechanisms in them to
close their tops and SPSA needs to do a better job in containing materials
inside those vehicles.
Mr. Jordan stated a plan has been developed regarding rigid tops that
will provide a tighter closure for trash trucks. He stated that SPSA is
requesting all its participating communities to support the State study to ban
plastic bags.
Chairman Clark moved that staff be directed to explore the feasibility
of being able to accept hazardous materials at the County?s convenience
centers. SPSA staff is to work with County staff in this regard. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Ron Reese, Director of Student Services, Isle of Wight County Public
Schools, briefed the Board regarding the School?s Crisis Management Plan,
which was developed by the Crisis Management Committee, who was
charged with reviewing the existing plan and making recommendations to
the Superintendent. He advised that on February 8, 2008 the Committee
approved a draft lock-down procedure and recommended its approval by the
Superintendent. He advised that evacuation routes of the schools have also
been discussed and the Committee has approved Carrollton Elementary
School?s plan and Hardy Elementary School is scheduled for an evacuation
exercise. He stated that today?s problems include school shootings, bomb
threats and weapons and drugs and he thanked the Board for the County?s
financial support for School Resource Officers within the County?s school
facilities. He advised that he has applied for a grant that is being offered by
the United States Department of Education to cover the cost of training
associated with lock-down procedures; evacuation drills; exterior and
interior signage that would be located on all exit doors; and, conversion of
the division manual to a more user friendly flip chart that is currently being
utilized by the City of Virginia Beach in all its classrooms. He advised that
on the horizon is a pre-planning crisis intervention with the FBI to conduct a
security assessment of the County?s two (2) high schools.
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Chairman Clark encouraged Mr. Reese to advise the Board should a
need arise which requires immediate funding in order to protect the safety of
the County?s children.
Judy H. Winslow, Director of Tourism, formally introduced Tracey
Neikirk, the new Isle of Wight Museum Curator.
Patrick J. Small, Assistant County Administrator, notified the Board
that the City of Suffolk and the County have been awarded a multi-modal
grant in the amount of $500,000 from the Virginia Department of
Transportation. He noted that this grant will assist staff significantly with
developing a transportation plan.
Gina Ippolito, Recreation Administrator, formally introduced David
Sawyer, the Fair Committee?s new Chairman.
Supervisor Bradshaw inquired if Mr. Sawyer was aware of anything
that might prevent the Fair from taking place this year.
Mr. Sawyer advised that he was not aware of any problems and he
encouraged the Board to favorably consider the upcoming funding request
by Ms. Ippolito.
Ms. Ippolito advised the Board that staff?s ability to book quality
entertainment is greatly reduced because the County?s budget is approved
only a few months before the Fair and pre-paid deposits can not be made to
any vendors or any type of entertainment officially secured because most
vendors are locked in by January of each year.
Supervisor Wright asked staff to clarify why lodging for out-of-town
judges for the beauty pageant is necessary when there are already a number
of qualified and talented individuals already residing in the County. He
stated that individuals have done an excellent job volunteering in the County
and the County is fortunate to have such dedicated citizens willing to assist.
Ms. Ippolito advised that fees associated with selling ads in the
pageant book cover the cost of operating the pageant, including the lodging
cost associated with the judges of the pageant. She advised that contained
in the agenda are two (2) budgets, a flat budget based on the 2006 Fair in the
amount of $188,000 and a second budget, recommended by staff, in the
amount of $252,000. She stated that it would be beneficial for staff to know
at this time what the Board?s commitment will be for both the 2008 and the
2009 Fair.
Supervisor Bradshaw moved that the following Resolution to
Appropriate $61,250 from the Unappropriated Fund Balance of the General
Fund to the County Fair Fund be adopted and that staff be authorized to
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proceed with the preparation of the FY2008-09 County Fair Budget as
presented under the ?Ideal? Budget scenario:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR THE COUNTY FAIR
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved an additional appropriation for the County Fair in
order to secure vendors and entertainment through prepaid deposits; and,
WHEREAS, funds in the amount of sixty-one thousand two hundred
fifty dollars ($61,250) need to be appropriated from the Unappropriated
Fund Balance of the General Fund to the FY 2007-08 General Operating
Budget and County Fair Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that sixty-one thousand two hundred
fifty dollars ($61,250) from the Unappropriated Fund Balance of the General
Fund be appropriated to the FY 2007-08 General Operating Budget and
County Fair 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 adjustment 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, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for Regional reports.
Chairman Clark reported at the most recent meeting of the Coalition of
High Growth Communities, Senate Bill 768 was discussed, which will place
a cap on proffers. He noted that the Bill has been referred to the House
Rules Committee and he recommended that citizens contact their Delegates
to voice their opposition.
Chairman Clark reported that the Hampton Roads Planning District
Commission, at its annual retreat yesterday, discussed general business
matters relative to how the MPO and the HRPDC will continue to have
separate staffs.
Relative to the Hampton Roads Transportation Authority, Chairman
Clark reported that the proposal submitted to the General Assembly by the
Authority?s legislative committee was unsuccessful in recommending the
14
elimination of certain fees, to include the auto service fees. He stated that
the Authority will begin to collect the fees on April 1, 2008.
Supervisor Wright reported that Mr. Townsend has committed to
continue serving as the Interim Superintendent of the Western Tidewater
Regional Jail until a new Superintendent is hired.
County Administrator Caskey advised that the Authority is currently
developing a proposed budget and the Board should anticipate a line item
for the first time in the County?s budget in the amount of $65,581 as part of
the local contribution that the three (3) member localities will need to
commit to the funding of the Jail?s operations.
Supervisor Wright reported that the Western Tidewater Water
Authority?s Attorney will be addressing the Board at its April 3, 2008
meeting regarding certain legal situations that exist with the Authority.
Supervisor Bradshaw reported that efforts to hire a new Social
Services Director are currently underway.
Supervisor Bradshaw reported that legislative meetings are currently
underway. He advised that the County will be hosting a regional meeting
scheduled for March 31, 2008 at the Wakefield 4-H Center.
Supervisor Brown reported that Mr. John Hadfield, SPSA?s Executive
Director, has tendered his retirement, effective August 1, 2008. He noted
that there were five (5) tipping fee scenarios presented at the most recent
meeting.
//
Supervisor Bradshaw moved that Item (E) under the County
Administrator?s report (A Resolution in Support of Using Hunting Dogs in
the Commonwealth of Virginia and in Support of Hiring Additional
Wardens to Enforce Current Law) be moved to this point on the agenda.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Jack Arrington of Carrsville, representing nine (9) hunting clubs,
requested that the Board adopt the proposed resolution which would protect
the hunting rights of individuals with hounds.
Mike Cobb of Carrsville advised that the proposed resolution has
already been adopted by ten (10) other jurisdictions in the State.
Supervisor Wright commented that Richard Railing of Courtland is
also in support of the Board adopting the resolution.
15
Supervisor Bradshaw moved that the following Resolution be adopted:
A RESOLUTION IN SUPPORT OF USING HUNTING DOGS IN THE
COMMONWEALTH OF VIRGINIA AND IN SUPPORT OF HIRING
ADDITIONAL WARDENS TO ENFORCE CURRENT LAW
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia is very interested in preserving the use of hunting with dogs in Isle
of Wight County and the Commonwealth of Virginia; and
WHEREAS, the Virginia Department of Game and Inland Fisheries
has commissioned a study regarding the impacts of the use of hunting dogs;
and
WHEREAS, the Virginia Department of Game and Inland Fisheries
has established an Advisory Group to provide the Board of the Department
of Game and Inland Fisheries with recommendations pertaining to hunting
with dogs; and
WHEREAS, the Board of Supervisors recognizes the potential
negative impacts of significant changes to the use of hunting with dogs for
many of its citizens, including landowners and sportsmen; and
WHEREAS, the Board of Supervisors recognizes there are sufficient
and adequate laws pertaining to the use of dogs for hunting, but a shortage
of wardens to enforce such laws;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of Isle of Wight County, Virginia does hereby
support the use of dogs for hunting in the Commonwealth as prescribed by
existing laws; and
BE IT FURTHER RESOLVED that the Board of Supervisors supports
the hiring of additional wardens to enforce the current laws as they pertain
to hunting with dogs in the Commonwealth.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Supervisor Bradshaw moved that Item (A) under the County
Administrator?s report be moved to this point in the agenda. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
16
Liesl R. DeVary, Director of Budget and Finance, briefed the Board on
the matter of the County?s FY 2007-08 debt issuance to fund various capital
improvement projects, the majority of which are for a new courts building
and fire station in Smithfield. She advised because firm estimates on those
two (2) projects are not yet available, staff is recommending that the County
issue $10,000,000 of debt to pay for other various capital improvements.
Jimmy Sanderson, Davenport and Company, advised the Board that
four (4) responses were received from the thirteen (13) proposals solicited,
with the low bid being offered by BB&T. He stated normally any refunding
opportunity is locked in for ten (10) years, but this can be prepaid at any
time with a 1% premium.
Supervisor Bradshaw moved that staff be authorized to advertise a
proposed issuance of general obligation bonds of the County in an estimated
maximum principal amount of $10,000,000 for public hearing at the Board?s
March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
//
Chairman Clark moved that the Board take a recess. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark 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 Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Supervisor Bradshaw publicly recognized and personally thanked
Rusty Chase and Andy Aigner, Department of Emergency Management
employees, for the outstanding job they performed with respect to putting
out the recent fires that occurred in the County. He further recognized the
Sheriff?s Department, as well as the many volunteers who assisted in this
effort.
Joseph R. Chase, Emergency Management Coordinator, recognized
the many volunteers who assisted, as well as the City of Franklin and
Hunterdale for the mutual aid assistance. He further recognized Hardees
and Dairy Queen in the City of Franklin for their efforts in providing meals
for the fire and rescue personnel and International Paper for lending a
bulldozer to assist with the containment of fire at the site.
17
Supervisor Wright commended Messrs. Aigner and Chase for offering
the basic Fire Fighter classes. He advised that thirty (30) individuals are
enrolled, which will result in better protection for the citizens of the County.
Steven A. Aigner, Fire and Rescue Coordinator, recognized the many
volunteers who assisted in that effort which resulted in no calls being missed
or responses delayed during a time when there were no available fire
engines.
Chairman Clark requested that Mr. Aigner advise him of the date of
the next Fire and Rescue Association meeting so that he can be present to
personally acknowledge the Board?s appreciation to the volunteers; the City
of Franklin (Hunterdale); Hardees and Dairy Queen in Franklin; and,
International Paper for the use of a bulldozer.
//
Chairman Clark called for Transportation Matters.
Kristen M. Mazur, County Engineer, presented a request from
Supervisor Bradshaw through the Piney Grove Baptist Church to abandon
the 40-foot right-of-way on that route. He advised that International Paper
has indicated their support of the request.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, GIVING NOTICE OF THEIR INTENTION TO ABANDON
ROUTE 1608 (PINEY GROVE STREET)
WHEREAS, the Isle of Wight County Board of Supervisors, following
a regular meeting on February 21, 2008, giving notice of their intention to
request the Virginia Department of Transportation to abandon Route 1608
(Piney Grove Street), from Lynn Road to Dead End, a distance of 0.13
miles; and
WHEREAS, Route 1608 serves no public necessity and is no longer
necessary as a part of the Secondary System of State Highways; and
WHEREAS, the Board of Supervisors acknowledges its willingness to
hold a public hearing if requested by the Commonwealth Transportation
Board or any citizen that uses the road within thirty days following the
publication of this notice of intent; and
NOW, THEREFORE, BE IT RESOLVED, the Engineering
Department?s staff is directed to post and publish notice of the Board?s
18
intent to abandon the aforesaid section of Route 1608, pursuant to Section
33.1-151 of the Code of Virginia of 1950, as amended; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Commissioner of the Virginia Department of
Transportation.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Ms. Mazur addressed the issue of the VDOT Revenue Sharing
Program for Fiscal Year 2009, which is managed by the Virginia
Department of Transportation and provides a matching allocation to locality
funds for roadway improvement projects. She recommended that the Board
allocate $1.1 million to the priorities identified previously in the Six-Year
Secondary Improvement Program.
Supervisor Bradshaw moved that the following Resolution be adopted;
that the Chairman be authorized to sign the Letter of Intent to participate in
the 2008-09 Revenue Sharing Program in the maximum amount of
$1,000,000; and, that staff be directed to coordinate with VDOT on
establishing a preliminary priority project list:
RESOLUTION FOR THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRIGINIA, TO PARTICIPATE IN
REVENUE SHARING FUNDS FOR FISCAL YEAR 2008-2009
At a regularly scheduled meeting of the Isle of Wight County Board of
Supervisors held on February 21, 2008, on a motion made by Phillip A.
Bradshaw, the following resolution was adopted by a vote of five (5) to zero
(0);
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, desires to submit an application for an allocation of funds up to
One Million Dollars ($1,000,000.00) to be matched on a dollar-for-dollar
basis from funds provided by the State of Virginia; and
WHEREAS, the County is also willing to commit One Hundred
Thousand Dollars ($100,000.00) as unmatched funds (Tier 1) through the
Virginia Department of Transportation?s Fiscal Year 2008-2009 Revenue
Sharing Program; and
WHEREAS One Million One Hundred Thousand Dollars
($1,100,000.00) of these funds are being requested to fund those projects
shown on the attached Summary - Designation of Funds Form (shown herein
as Attachment A).
19
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that revenue sharing dollars for the
Virginia Department of Transportation for Fiscal Year 2008-2009 be hereby
redistributed as described in Attachment A.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Brown requested the status of ditch cleaning efforts in
Rushmere.
Mac Neblett, VDOT Residency Administrator, advised that elevations
need to be run and the ditches cleaned. He stated with respect to the
property located between the two (2) homes, VDOT will be requesting that
the County secure an easement to carry the water through this area. He
stated even after those efforts are done, it may not necessarily solve all the
problems because of the flow of water from adjacent properties. He advised
that VDOT is also reviewing the feasibility of installing a berm on one (1)
side of the ditch.
Supervisor Brown invited Mr. Neblett and Ms. Mazur to accompany
him to Orchid Gardens, Jenkin?s Lane, Thomas Park and Hardy Elementary
School so that he can show them the ditches which are non-existent during
periods of rain.
Mr. Neblett offered to get together with Ms. Mazur, her assistant and
the VDOT Hydraulic Engineer and review the ditch problem.
Supervisor Bradshaw requested the status of the drainage pipe in Zuni
on Route 460.
Mr. Neblett advised that the pipe needed to go underneath Route 460
has been sized and additional elevations are to be run on the opposite side of
the road from Mr. Carr?s residence to ensure that there is positive drainage
flow. He advised that funding is available for this project and VDOT will be
hiring a contractor to perform the work.
Supervisor Bradshaw requested the status of replacing the pipe where
it is separating underneath Route 460 near Mr. Carr?s property.
Mr. Neblett advised that the pipe will be repaired.
Supervisor Bradshaw requested that VDOT notify Mr. Carr whenever
work is being done on his property.
Supervisor Wright inquired about what is being proposed at the
Barlow brothers? farm to eliminate motorists from driving into their fence.
20
Mr. Neblett advised that the VDOT District Traffic Engineering
Department is reviewing the ?T? intersection to determine why motorists are
driving into the Barlow?s fence.
Supervisor Wright notified Mr. Neblett that the pavement is beginning
to flake and is in need of patches at the bridge on Shiloh Drive.
Supervisor Bradshaw advised that culverts in his area are separating in
increasing numbers.
Mr. Neblett advised that VDOT personnel are currently looking at the
culverts.
Supervisor Bradshaw advised Mr. Neblett that an entire section has
dropped on Old Carrsville Highway between the fire department and the
railroad track.
Chairman Clark advised that blacktop needs to be extended beyond
the bridge in Rescue.
Chairman Clark moved that staff, the Sheriff?s Department and VDOT
officials review what needs to be done at the curve on Smith?s Neck Road
where the accident recently occurred which resulted in a fatality. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Clark inquired about the status of penalties in Gatling
Pointe for speeding violations.
Mr. Neblett offered to investigate and report back to the Board at its
March 20, 2008 meeting.
Chairman Clark requested Mr. Neblett to review the pedestrian
crossing at Eagle Harbor at Wood Bridge with respect to the safety of those
individuals utilizing the crossing.
Mr. Neblett commented that anyone crossing a four-lane divided
highway is running a risk, even with a pedestrian crossing and adding a
traffic light control crossing will only add additional delay time on Route 17.
Supervisor Bradshaw requested that the ditches be filled in which
have eroded due to the recent storm.
//
21
At 7:00 p.m., Supervisor Brown moved that the Board amend the
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, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for a public hearing on the following:
A. An Ordinance to Amend Section 7-28-1 (Family Member
Subdivision) of Appendix A, Subdivisions. The amendment
will add criteria requiring property owners requesting to create a
family member subdivision to have held fee simple title to
the property for at least five (5) years prior to filing for a family
member subdivision, and the receiving family member shall not
transfer, subdivide or otherwise convey such property in less
than five (5) years. The amendment also includes provisions for
shared driveways, a maximum of four lots to be accessed from a
single easement, and that no resulting lot be comprised of more
than thirty percent (30%) of environmentally sensitive features
and shall not extend over a political boundary.
Beverly H. Walkup, Director of Planning and Zoning, stated included
in the agenda is a letter advising the Board of changes that were made
between the time that the Planning Commission made its recommendation
and the Board receiving the Ordinance for public hearing. She advised that
the use of the word ?easement? has been changed to ?easement of right-of-
way? as recommended by legal counsel and a change has been made to
language D3 under recordation and enforcement, changing the word to allow
a family member transfer if the decision is directed by the courts. She stated
that staff?s recommendation is that the Board hold the public hearing
tonight, but table action to allow her to speak with legal counsel relative to
easement language. She advised that between the Planning Commission
meeting and the Board meeting citizens have brought concerns forward that
staff would like to study.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
Malcolm T. Clark of Twin Hill Lane requested that the adjoining
property owner be notified if a family subdivision is being initiated adjacent
to another property owner.
Darrin Stouffer of 19119 Pope Swamp Trail expressed concern with
the requirement that an individual own the property for a period of five (5)
years prior to doing a family transfer.
22
Leslie Doggett of Chesapeake expressed concern with the limit of four
(4) family member transfers, noting that he is part of seven (7) families that
equally own over 250 acres of land.
Ernie Gillespie of Carrollton objected to the proposed Ordinance as
presented, noting that it would prohibit his three (3) daughters from building
their home on land that they own in the County. He stated that he
understands that the Planning Commission is going to be revisiting the
Ordinance and he would recommend that communities such as Doggett
Lane be recognized.
William Riddick, Attorney, advised that he has provided certain
potential changes to the Ordinance to the Interim County Attorney with
respect to the language dealing with the right-of-way and the requirement to
change an existing agreement when property is sold in the future. He
requested that his suggestions be favorably considered at such time as the
Board makes any final changes to the Ordinance.
Wayne Melcher of 1444 Bridge Point Trail in Suffolk agreed that the
Ordinance is flawed for the reasons stated by Mr. Doggett and Attorney
Riddick. He commented that the Code of Virginia provides for a longer
period than five (5) years. He stated, as written, if a person owns a piece of
property for five (5) years, the adjoining property is automatically worth
more because the other person has owned it for five (5) years. He stated that
the holding period also discriminates based on age; it increases the
difference in the value; there should be at least four (4) inches of compacted
base; there should be a profile that shows the type of road; the County
should require a thirty (30) foot right-of-way unless there is a hardship;
private lane provisions/restrictions requiring that anything added to it
automatically comes under that regulation and must pay its share by taking a
deed; that the Board may decide to grant a lesser holding period on the front
end instead of the back end if certain things are met; would the Dillon Rule
keep some one from making a proffer on a family member; an approved
source of water is required when a plat is recorded, which normally does not
happen until a person builds; and, a health department letter should be
required stating there are acceptable soils.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark advised that the Board is not trying to prohibit
legitimate family transfers, but is trying to prevent fraudulent family
transfers. He stated individuals have been transferring property to family
members who, in turn, have been transferring property to unrelated persons.
Ms. Walkup advised that in order to curtail the circumvention of the
Ordinance, the proposed Ordinance requires that an individual own the land
for a period of five (5) years prior to creating a family member lot and that
23
the receiving individual must also own the land for five (5) years before it
could be sold.
Chairman Clark commented that the person receiving the family
member transfer should be the one to be locked into the five (5) year period,
not the person who is doing the transferring.
Supervisor Bradshaw concurred that the County should not penalize
the person purchasing the land, but the family member who is receiving the
land.
Supervisor Casteen stated that the political line of a property should
not have anything to do with an individual subdividing his property.
Ms. Walkup advised that staff receives requests for subdivisions
crossing political boundaries, which creates confusion as to who taxes the
property. She noted that the purpose of the Ordinance is to look at parcels
that are already served by a private road. She noted there could be many
parcels off of the same road and each is entitled to family member transfers
and it seems as if the intent is to have the right to transfer to all of a person?s
children.
Supervisor Bradshaw stated he had a concern with only four (4)
transfers per tract being legal with the State Code.
Ms. Walkup replied that the State Code allows reasonable provisions
in addition to what is already outlined.
Chairman Clark moved that the Board table consideration of the
Ordinance until the Board?s April 17, 2008 meeting in order for staff to
address the Board?s concerns. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen encouraged staff to send a copy of all revisions to
Chairman Clark or Supervisor Bradshaw, as well as residents on Doggett
Lane and Attorney Riddick.
Chairman Clark called for a public hearing on the following:
The application of Keith Lee and Kathleen M. Clark, owners, for a
Conditional Use Permit for a Home Occupation Type II at 406
Autumn Court, Smithfield, in the Hardy Election District. The home
occupation would be for the purpose of clock repair.
Assistant County Attorney Popovich certified that the application had
been properly advertised.
24
Ms. Walkup introduced the application.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Attorney Riddick, representing the applicants, advised that Mr. Clark
is a talented clock maker and a native of the County who currently resides in
northern Virginia where he operates a clock business in his home. He stated
that Mr. Clark has now purchased a home in the County and wants to repair
clocks in his garage. He stated that Mr. Clark does not intend to install any
signs advertising his business and he will not be generating any additional
traffic. He stated that there were no weaknesses in the recommendations
and the Planning Commission recommended approval.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Brown moved that the Board approve the application with
the three (3) conditions recommended by the Planning Commission, as
follows: that there be no exterior signage allowed for the business; that
there be no exterior building improvements or expansions related to the use
of the business; and, that all delivery loading, unloading and customer traffic
.
must be conducted and managed in existing off-street parking areas The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Clark called for a public hearing on the following:
The application of Moody H. Gardner, Jr., et al, owner, and Gail G.
Allen, applicant, for a Conditional Use Permit to allow an existing
Manufactured Home, Class B, to remain on approximately 110 acres
of land at 5104 Gardner Lane, Carrsville, as a rental residence for a
part-time employee. The property is located in the Carrsville Election
District.
Ms. Walkup advised that because of the time limit, the applicant is
required to request a new Conditional Use Permit be approved by the Board.
She advised that the Planning Commission recommended approval to the
Board subject to the condition that the manufactured home be removed
when no longer occupied by an employee for a period longer than six (6)
months.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Gayle G. Allen, applicant, 7921 Harvest Drive, Suffolk requested that
the Board approve the Conditional Use Permit.
25
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright recommended that a time limit be placed on the
Conditional Use Permit and that it be terminated if no one resides in the
mobile home for a period of four (4) months.
Chairman Clark concurred with a time limit.
Supervisor Bradshaw commented that he does not recollect any
Conditional Use Permits in the past having time limits placed on them.
Ms. Walkup stated that a Conditional Use Permit involving a caretaker
of the property does not generally have a time limit, but it does have a
condition that it has to be occupied by the caretaker. She advised that the
previous Conditional Use Permit did have a three (3) year time limit, which
is why Ms. Allen is before the Board at this time.
Supervisor Bradshaw stated that the Planning Commission is
recommending life rights, which allows for the mobile home to remain
regardless of condition forever, unless someone complains. He stated once
the Board places a time limit on a Conditional Use Permit, it is setting a
precedent and it must be done from that point forward.
Ms. Walkup advised that five (5) years would be consistent with the
ordinance requirement for Conditional Use Permits to expire if they are not
used.
Supervisor Wright moved that the Board approve the application with
a five (5) year time limit. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
The request of HRFT, Inc. to amend the Comprehensive Land Use
Designation of Tax Map Parcel 54-01-086 in the Windsor
Development Service District from Suburban Estates to Mixed Use
Activity Center. Said property, approximately 106.22 acres of land is
located on the north side of Windsor Boulevard (Rt. 460) and east of
Keaton Avenue in the Windsor Election District. The proposed use of
the property is for commercial and residential development.
Assistant County Attorney Popovich certified that the request had
been properly advertised.
26
Amy Ring, Assistant Planning and Zoning Director, introduced the
application.
Chairman Clark called for persons to speak in favor of or in opposition
to the request.
Attorney Riddick advised that the applicants believe that the property
might be useful for residential purposes and there was a consensus that the
community needed some different housing options. He stated community
meetings were held and the applicants met with the adjacent property
owners before beginning the process to file an application. He stated that
this location is an excellent site for a mixed development because it is at a
signalized intersection; water and sewer are readily available; the Affordable
Housing Study is complete, showing the need for this type of development
in the County; and, the Board has begun an initiative to develop an
intermodal facility between Suffolk and the Town of Windsor. He advised
that the current Comprehensive Plan designation is Suburban Estates, which
dictates large expensive lots which are not needed in that area. He stated
that discussions have begun with developers who are experienced in
providing mixed communities. He stated that the proposal tonight is for a
change in the Comprehensive Plan so that the applicant will have the
opportunity to file a zoning application. He stated that the Planning
Commission recommended that if nothing occurred within a five (5) year
period, that the applicants would not oppose a change in the Comprehensive
Plan back to Suburban Estates or any other designation as desired by the
Board. He stated whether this proposal goes there or not, this area will
experience development one (1) day. He stated following the first public
hearing, the Chairman of the Planning Commission suggested that industrial
uses for this location be explored. He stated that he met with the former
Director of Economic Development, who was unable to find a feasible use
from a commercial/industrial perspective. He stated that there will be a
market for a mixed use development in the Windsor area and, if approved
today, this development will not come on line for another several years. He
requested that the Board approve the request and that he be provided an
opportunity to address any concerns at the end of the public hearing.
Glen Willis, 24291 Lovers Lane, requested that the Board deny the
request. He stated the property under discussion is the only large parcel in
the Windsor Development Service District (DSD) that is designated as
Suburban Estates, which is appropriate given that there will be a need for
that type of housing in the DSD. He noted that the suburban estate
designation matches the use of the adjacent properties on the north side of
Route 460. He inquired if the Board members would like the type of
development that can occur under a mixed use activity center located next to
their homes. He requested that the Board take the appropriate action to
represent the citizens that live and work in the County.
27
Mayor Crocker, 57 Church Street in Windsor, representing the Town
Council, citizens and businesses located in the Town of Windsor, advised
that the Windsor Town Manager had provided the Town?s response to this
application in a letter dated August 17, 2006. He advised that the Town of
Windsor is strongly opposed to a small village being located immediately
adjacent to an existing boundary; a boundary adjustment will be sought by
the Town of Windsor if this site is ever rezoned; a traffic study will be
required for an additional signal at Lovers Lane on Route 460 so that
citizens in that area can safety merge onto Route 460; the closure of Lovers
Lane is not acceptable; the routing of traffic through the Hazelwood
Subdivision is not acceptable for those residing on that street; the Town
officials are concerned regarding the development of businesses at the
entrance to the Town that would eliminate the meals and cigarette taxes and
business license revenue; lack of police protection and response to homes
and businesses if this area is rezoned; and, in most cases, first responders for
emergencies will be from the Town, which would draw resources from the
Town?s police protection. He requested that the request be denied and
submitted a letter dated August 17, 2006 addressed to Melinda J. Goodwyn
and a letter dated March 16, 2006 addressed to W. Douglas Caskey.
Darrin Stouffer, 19119 Pope Swamp Trail, stated for safety reasons, he
did not want any traffic from the new development to travel onto Hazelwood
or Lovers Lane. He stated that traffic should be able to ingress into the
neighborhood to reach the traffic signal located on Route 460. He
recommended that Keaton Street should be dead-ended on both ends with a
cul-de-sac. He stated regardless of what type of development occurs on the
property, he would recommend a buffer between the existing residents.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright inquired if the Department of Economic
Development has determined a better use for the property.
Patrick J. Small, Assistant County Administrator, advised that it has
been the opinion of the Department of Economic Development for the past
seven (7) years that the best use of that property is commercial on the front
with light industrial on the backside. He stated that the former Director of
Economic Development had worked with clients on that type of a project
and other potentially interested clients in this property exist.
Supervisor Casteen commented that staff has not been able to secure a
sale or even a proposal for the applicant for his property for the past year and
a half. He noted that the applicant has worked with staff and is now asking
for a change in the Comprehensive Plan that runs for only five (5) years and
reverts back if it does not happen in that timeframe. He stated he did not see
much risk on the County?s part in giving the applicant a chance for a
28
workable sale for his property given that the Department of Economic
Development had been unsuccessful.
Chairman Clark stated the Board approving an amendment to the
Comprehensive Plan would limit the County?s right to some degree to deny
the rezoning when it comes before the Board.
Supervisor Bradshaw commented that the County and the Town of
Windsor have not addressed transportation for the Windsor Development
Service District and he is not in favor of changing any kind of plans or
rezoning around the Town of Windsor until a transportation study has been
completed. He concurred with Chairman Clark that if the Board changes the
land designation, it will be giving the owner the legal right to develop
accordingly and if the property comes up for rezoning the only way the
Board can deny the rezoning is due to inadequate public facilities.
Assistant County Attorney Popovich advised that the change to the
Comprehensive Plan would allow the applicant to come back and request a
rezoning of that property and the rezoning request could be denied based on
the nine (9) provisions that are within Section 1-1015 of the County Code.
Supervisor Casteen stated that the applicant has worked with staff and
he does not believe that the County is taking any risk as he is requesting a
five (5) year window that expires. He stated with the current zoning, the
applicant can not even come up with a proposal to take to the Planning
Commission. He stated the applicant may not come up with a reasonable
proposal, but if they find a proposal that is suitable to them, they should be
given the opportunity to see if the Planning Commission will approve it.
Supervisor Bradshaw stated that the applicant can come up with a
proposal based on the current zoning of the property, but they wanted to
come up with a different proposal than what the Board and the Town of
Windsor wants and what they think is in the best interests of the County and
in maintaining the quality of life.
Supervisor Wright moved that the Board deny the request. The
motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown,
Clark and Wright voting in favor of the motion and Supervisor Casteen
voting against the motion.
//
Supervisor Brown moved that the Board take a five (5) minute break.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
29
Chairman Clark moved the Board return to open session. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for a public hearing on the following:
The application ofSt. Lukes Villages, LLC, owner, and Sentara
Healthcare, applicant, to amend the proffered conditions of the
rezoning of St. Luke?s Village, including the proffered Master Land
Use Plan, to allow medical office uses on approximately 42 acres of
land, located at 20081 Brewer?s Neck Boulevard, Smithfield, in the
Newport Election District, Tax Map Parcel 33-01-012B.
Ms. Walkup advised that the parcel in question was rezoned in 2005
to Conditional Planned Development Mixed Use for the purpose of
developing a traditional neighborhood development containing not more
than 430 single-family homes, townhouses and condominiums with
approximately 80,000 square feet of small-scale commercial space on 120
acres of land. She advised the current application is to amend the original
St. Lukes rezoning to include a change in the proffers and the Master Land
Use Plan to incorporate Sentara Health Care on forty-two (42) acres of the
original parcel. She stated the application to amend conditions is submitted
in conjunction with the Conditional Use Permit, which is the next item
under Public Hearings. She advised that Sentara?s expectation for the parcel
is to include a two (2) phase preliminary development.
Chairman Clark called for citizens to speak in favor of or in opposition
to the application.
Chat Hart, Vice-President and co-applicant for Sentara Health Care,
stated the proposal is to divide the parcel down the center of the lakes from
the back property line and down the east boundary of the property line and
introduce a new entryway which would cross Brewer?s Neck Road. He
stated that the proposal is a two (2) phase proposal that encompasses
approximately twelve (12) acres. He stated that phase one (1) would
encompass the parking and one (1) building with a second building coming
in phase two (2). He stated that Sentara currently owns facilities located on
Church Street in Smithfield, which is landlocked. He advised that an urgent
care center is also run out of the Smithfield Medical building, which would
be expanded to a full-scale urgent care throughout the day and evening. He
stated the proposal is to relocate all existing services to the new site in the
first phase building. He advised that the second phase would include
attaching the two (2) buildings and would be triggered if and when the State
approves Sentara for a surgery center at that location. He stated the proposal
was submitted to the Planning Commission in November 2007 and he came
30
back in January 2008 with revised proffers for the St. Lukes Village
component and the future use of the site. He stated that a traffic plan was
done by Kimley Horn and reviewed by VDOT and Mr. Cashman?s firm,
which all confirmed there was adequate traffic flow to handle what is being
proposed until the year 2027. He stated that the proffers submitted to the
Planning Commission were designed to meet the needs that the Planning
Commission had suggested and several comments were made at that
meeting that Ms. Walkup incorporated into the proffers to ensure that the
County and the applicant are protected. He stated that he has met with the
Isle of Wight Citizens? Association where a consensus was reached that they
supported the project. He stated that an overview was presented to the
Historical Architectural Review Committee in January 2008 and he plans to
be back before the Committee at its April 2008 meeting with respect to a
site and building plan. He requested the Board?s favorable approval and
stated that Sentara hopes to be in the proposed facility by late summer of
2009. He pointed out that Sentara intends to preserve the stand of mature
trees with an intersection to access the site and the current land owner
intends to dedicate the corner parcel to St. Lukes Church so that it is located
on a square parcel and can expand its parking, while having ingress and
egress to their parcel.
Henry Morgan of Ballard Creek Drive spoke in favor of the application
stating that Sentara is a quality healthcare provider and would make a good
corporate citizen.
Charles Deton of 20013 Beachwood Lane stated that he would be in
favor of the application if the County and VDOT can address the congested
traffic in that area.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark inquired if there is sufficient water to handle fire
suppression in the building.
Mr. Hart replied that Kimley Horn believes there is sufficient water.
He stated that Sentara has proffered to address any traffic concerns when
they came back; required Sentara to redo a traffic impact study; and, pay a
pro-rata share based on what Sentara is contributing to whatever excess they
might be. He stated that several of the reviews have indicated that the
roadway is on the verge of needing a traffic light. He stated that Sentara is
more than willing to pay for a traffic light, but he is unsure if VDOT will
allow that with the change that is going on with the Benn?s Grant
development.
Chairman Clark expressed concern with what control the County has
with regard to the remainder of that property. He stated that he did not have
31
a problem with phase 1 or 2, but it is the unknown that concerns him with
respect to phase 3.
Ms. Walkup advised that the applicant would be required to fill a
Conditional Use Permit application for the medical uses as the Ordinance is
currently written and the Conditional Use Permit requirements could dictate
an update of the traffic impact analysis and the applicant has also proffered
that. She stated that staff does not know what is going in phase 3 at this
point, but they do know that the master plan is being amended for a medical
office.
Chairman Clark inquired if there is adequate water pressure for fire
suppression purposes for the medical office building.
E. Wayne Rountree, P.E., Director of General Services, advised that
based on the information received thus far, the answer is yes, however, staff
does have questions on the study provided.
Supervisor Bradshaw inquired if staff reviewed the traffic analysis.
Kristen M. Mazur, County Engineer, stated that the traffic analysis has
been recently revised and she has not yet had an opportunity to review it.
Chairman Clark commented that in reference to a citizen?s earlier
comment that the County get with VDOT to see what can be done at the
intersection, he advised that VDOT will not in the foreseeable future budget
any funds for that intersection.
Supervisor Bradshaw requested Ms. Mazur to have an appropriate
VDOT official present at the Board?s next meeting to address this
intersection and the impact of this development.
Chairman Clark inquired what Mr. Cashman recommends with respect
to concerns from citizens relative to the new loads that will be on that
intersection.
Bill Cashman, URS, advised that the applicant has proffered $330,000
to go towards improvements to that intersection. He stated that there is
congestion at the intersection at Benn?s Church and Brewer?s Neck, but it is
not so much for lack of capacity as it is for poor lane alignments and poor
lane arrangements, so there could be some improvements in a couple of the
turn lanes that on an interim basis could provide some benefit and the
$330,000 should give the County some flexibility to at least look at doing
some of that.
Supervisor Bradshaw inquired about background traffic.
32
Mr. Cashman replied that the study estimated a 5% growth in
background traffic per year, which is based on historical traffic count
records.
Supervisor Bradshaw inquired about the traffic count.
Mr. Cashman replied 24,000 on Brewer?s Neck and 11,000 south of
Brewer?s Neck.
Supervisor Bradshaw commented that he liked the medical facility
concept, but he could not support the application at this time due to
transportation concerns. He stated this is a key intersection and the most
vital business route in the County, but he is concerned about the lack of a
transportation plan being developed for this corridor.
Chairman Clark commented that the applicant already has approval to
build right now the basic equivalent of what is being proposed except it is a
different type of traffic and it is trading rooftops for a medical facility, which
is something that pays taxes instead of something that drains taxes. He
stated if the Board denies the application, the traffic would be the same as it
is currently and the applicant does not have to do anything but build it.
Assistant County Attorney Popovich advised that what the Board is
considering at this time is an amendment to the proffered conditions that
were originally approved. He advised that the Board could place a
condition, if it so desired, on the second public hearing item which is the
Conditional Use Permit.
Supervisor Wright moved that the Board approve the application, as
proffered. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
The application of St. Lukes Villages, LLC, owner, and Sentara
Healthcare, applicant, for a Conditional Use Permit for proposed
medical office uses on approximately 42 acres of land in St. Luke?s
Village, located on the north side of Brewer?s Neck Boulevard (Route
32/258) near its intersection with Benns Church Boulevard (Route
10), in the Newport Election District.
Ms. Walkup stated the application is for a Conditional Use Permit for
the purpose of a medical clinic development by Sentara Healthcare on
approximately twelve (12) of the forty-two (42) acres. She stated that phase
1 will place 48,000 square feet of medical office space on the eastern
frontage of the parcel, which is expected to be used for the relocation of the
services currently operating at Smithfield Medical Center. She stated that
33
phase 2 of the twelve (12) acre preliminary development will be contingent
upon Sentara obtaining a Certificate of Public Need for an outpatient
ambulatory surgery center. She advised that the Planning Commission has
recommended approval of this application as noted in the Planning
Commission recommendation with conditions as recommended by staff.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Chat Hart, Sentara Healthcare, requested the Board to approve the
application which will allow for healthcare services that are needed in this
region.
Charles Deton of 20013 Beachwood Lane spoke in favor noting that
he would prefer not to have to travel across the James River Bridge in order
to receive medical services.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the Board approve the application, as
conditioned. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Supervisor Brown moved that the Board receive a presentation from
Clara Jones, representing the Orchards Garden Thomas Park Citizens
Group, regarding sewage/septic tanks at this point in the agenda. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Clara Jones of 9356 Jenkins Lane requested the Board?s consideration
of installing a sewage line in the community of Jenkins Lane, Orchards
Garden and Thomas Park, which consist of fifty-eight (58) homes, one (1)
business and the Hardy Elementary School. She stated that the Hardy
Elementary School has its own contained sewage system and approximately
twenty (20) homes have had or are having drainage problems with their
systems, which usually occur following a hard rain. She stated that these
34
homes hope to avoid the cost of repairing or replacing their sewage system
by connecting to a sewage line if one (1) was available. She submitted a
petition from all of the households within the community requesting
favorable consideration for inclusion into any plans for expansion of a
sewage system into the County.
Supervisor Brown moved that staff be directed to bring back a report
to the Board at its April 17, 2008 meeting which includes the feasibility of
extending sewer through the Thomas Park neighborhood to Hardy
Elementary School; the County?s policies as it relates to this issue; and, a
preliminary cost estimate with the number of customers to be picked up.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Patrick J. Small, Assistant County Administrator, made reference to
the report contained in the agenda relative to the Isle of Wight County
Museum reconstruction.
Supervisor Bradshaw commented that the report constantly refers to
the need for code compliance, public safety and accessibility; however, he
has never seen a report from the Director of Inspections.
Mr. Small advised that the architect has worked with the Director of
Inspections from the beginning and that Mr. Berkley had attended the
majority of the meetings at the museum with the consultant and staff and the
former Foundation Chairperson. He stated that the Director of Inspections
has reviewed the proposed plans.
Supervisor Bradshaw questioned if the HVAC system was replaced,
could it be run today.
Mr. Small replied yes, as well as the electrical system.
Chairman Clark commented that the steps taken by staff to date are
steps that the Board directed them to take a year ago. He stated that staff
has done what the Board asked them to do.
Anne Edwards, Chairman of the Isle of Wight County Museum
Foundation Board, stated that the Museum Board would like for the museum
to be open. She stated the first plans submitted to the Museum Board were
in August 2007 when they were informed that the Tourism Board would be
moving into the museum facility. She stated that the Museum Board and the
community were upset by that because they were not asked and there was no
extra space as the Museum Board was looking forwarding to having the
apartment upstairs for the Museum, as well as the elimination of certain
35
display space downstairs. She advised that she was invited to a meeting in
January 2008 with Mr. Small and the architects, at which time the plans
were revised and they were still told that certain things were needed for code
compliance. She stated the goal of the Museum Foundation was to change
the Museum building as little as possible in order to get it opened as quickly
as possible. She advised that she did not know until recently that there was
a possibility that the Code requirements did not have to be adhered to, but
she has not had an opportunity to talk to the remaining Museum Board
members to determine how they feel.
Responding to Supervisor Casteen, Ms. Edwards requested that the
Board wait a month to allow her an opportunity to talk to the other Museum
Board members.
Supervisor Bradshaw questioned if the downstairs is available for use.
Mr. Small replied that the current plans show that space as being used
for work space for the mock up of displays that will be set up and for the
care and cleaning of artifacts on a limited basis and office space. He advised
that staff can not guarantee the Board that the basement will not flood again;
therefore, staff does not recommend that displays be located in the basement
again. He stated that the architect advised that it would not flood with
watertight doors. He stated that while the architect can not advise when the
next Nor?easter will hit, there has been water in that basement three (3)
times in the past decade.
Supervisor Bradshaw inquired why the water came into the basement
of the museum. He stated that the consultant advised that the drainage was
not feasible and needed fixing and once the drainage was fixed the
probability of flooding would not occur.
Mr. Small stated that he did not believe that was accurate. He advised
that most of the buildings located along Main Street experienced flooding
even though they were at a higher elevation than the Museum. He stated it
was the drainage system that was overwhelmed, not the drainpipe. He
stated that staff is suggesting that people?s valuable possessions should not
be stored in the basement.
Chairman Clark inquired what kind of time period is needed if the
Board decided to open the Museum as quickly as possible.
Mr. Small stated that it will take two (2) to four (4) weeks to change
the plans; procurement process for the new system and the rewiring of the
basement to tie it back into the system located upstairs; and, five (5) to
seven (7) months of construction and installation. He stated three (3) to four
(4) months? time could be saved versus doing the full build.
Supervisor Brown inquired if the mold had been addressed.
36
Mr. Small replied yes that the basement has been completely
environmentally remediated. He recalled that while some of the code
compliance issues were not required, they were recommended by staff for
ADA accessibility and safety as things that should be done while the
Museum was not open. He stated that the building is old and the wiring
outdated. He stated that the Director of Inspections informs him that the use
in any part of that facility can not be changed, which means that the upstairs
apartment can not be utilized for anything other than residential; otherwise,
it will have to be brought into code compliance.
Supervisor Casteen stated he is interested in finding out what the
minimum changes are that can be made to the Museum in order to get it
open and up and running as a museum as it was before it flooded.
Supervisor Bradshaw moved to direct staff to work with the Museum
Foundation and develop a plan to get the Museum open at a minimum cost
and with a minimum impact; report back to the Board with a cost estimate
and timeline at its March 20, 2008 meeting; and, have the Director of
Inspections address the code issues. The motion was adopted by a vote of
(5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Mr. Small reported that the issue of off-site storage for museum
artifacts has been resolved and climate controlled and secured space will be
rented in Newport News at a cost of $21,000 annually.
//
Chairman Clark called for Citizens Comments.
Sherry Bailey of 8557 Whispering Pines Trail addressed the Board on
the importance of managing and eliminating feral cat colonies in the County.
She advised that Animal Control does not have room at the shelter, nor the
resources to trap her neighbor?s cats, of which there are over 80. She
advised that on January 7, 2008 her son was bitten by one of the neighbor?s
cats, but because there was no way to identify which of the 20+ grey and
black cats belonging to her neighbor that had bitten her son, it was necessary
for him to receive rabies shots. She further advised that on January 24, 2008
her dog was bitten by one of her neighbor?s cats which required medical
treatment. She noted to date, 40 cats have been removed. She noted that
her neighbor had no licenses for these cats and when a cat was impounded,
she simply picked them up from the kennel with no fees imposed because
the cats had not stayed overnight and staff could not charge an impoundment
fee. She requested that recognition be given to the fact that the County has a
feral cat problem and that the Board empower its staff through ordinances,
resources and funds in order to protect the public health issues related to this
problem.
37
Chairman Clark advised that the matter would be further discussed by
the Board later in the meeting under Old Business.
Jack York, Red Cross Board Member, recalled that he had addressed
the Board last month requesting $50,000 per year over a five (5) year period
for a total of $250,000. He notified the Board that the Newport News City
Council has approved $750,000 to be placed in its Capital Improvements
Program to build a new Red Cross building.
Chairman Clark moved that staff be directed to contact Mr. York in
advance of the March 20, 2008 Planning Commission CIP public hearing.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Supervisor Bradshaw requested that Ms. Bailey?s concern be
addressed at this time.
Chief Animal Control Officer Sullivan advised that according to State
law any animal that has a collar shows ownership of an animal and it can be
claimed by anyone who can identify it. He further advised that the
County?s policy is that if an animal is claimed, proof of rabies and/or County
tags must be shown within a certain timeframe, normally ten (10) days. He
advised that charges have been brought against the owner of the cats and a
court date is scheduled for March 6, 2008. He advised that he is in the
process of gathering information so that he can develop a more
comprehensive colony control policy to be utilized in the County.
Assistant County Attorney Popovich advised that he has conducted
preliminary research, but additional research is needed with regard to what
legal authority the County has with respect to cat colonies.
Sheriff C. W. Phelps advised that there have been times that Animal
Control staff were unable to assist Ms. Bailey because of the lack of room at
the present Animal Control facility. He indicated that Mr. Mitchell, who
resides in the same neighborhood as Ms. Bailey, has also been having the
same problem with the large concentration of cats.
//
Chairman Clark called for Board comments.
There were no comments offered for discussion by the Board.
//
38
Chairman Clark called for the County Attorney?s report.
Assistant County Attorney Popovich presented a proposed amendment
to Chapter 12. Offenses/Section 12-11. Hunting Near Public Schools or
Parks Prohibited for the Board?s discussion and consideration.
Chairman Clark commented that the Newport District was having
trouble with firearms being shot near subdivisions. He advised that when he
originally discussed this matter, he wanted the amendment to be specific to
the Newport District, which is more populated.
Chairman Clark moved that the matter be tabled and that the
regulations be specific to the Newport District. The motion was adopted by
a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Assistant County Attorney Popovich presented a revised copy of
Chapter 10. Licenses/Article II License Tax Schedule/Section 10-9. License
Tax Schedule for the Board?s discussion and consideration.
Supervisor Bradshaw moved that the County Attorney?s office be
authorized to advertise the matter for public hearing at the Board?s March
20, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Assistant County Attorney Popovich presented an Appendix C.
Purchase of Agricultural Conservation Easement Program for the Board?s
discussion and consideration.
Supervisor Bradshaw moved that the County Attorney?s office be
authorized to advertise the matter for public hearing at the Board?s March
20, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Assistant County Attorney Popovich presented a Professional Services
Agreement/Resource International, Ltd.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the Agreement on behalf of the Board. The motion was adopted by
a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
39
Assistant County Attorney Popovich stated pursuant to the direction of
Supervisors Bradshaw and Casteen, enclosed are Rules of Procedure for the
Board?s discussion and consideration.
Supervisor Casteen moved that the matter be tabled until the Board?s
March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Assistant County Attorney Popovich advised that per the Board?s
previous direction, revisions to the AIA contract for the Smithfield Fire
Department have been agreed to by the architect to increase his
responsibilities. He noted that an increase in insurance coverage was not
made because it would have increased the overall project cost.
Assistant County Attorney Popovich advised that he had three (3)
items to discuss with the Board during the Closed Meeting.
//
Chairman Clark called for the Parks and Recreation report.
Gina R. Ippolito, Recreation Administrator, briefed the Board on the
after school program currently being offered at Westside Elementary School
free of charge. She advised that only three (3) children participate in the
current program and staff is recommending that the after school program be
dissolved in lieu of the fact that the YMCA also currently runs the same
program at the site for a fee of $45. She advised that the YMCA is offering
a discounted rate to the County for the three (3) children and staff
recommends that the County cover the charge for moving those children into
the YMCA program.
Supervisor Wright moved that the Department of Parks and Recreation
be authorized to dissolve the After School Program at Westside Elementary
School on or before March 7, 2008 and authorize the use of funds currently
budgeted for scholarships ($2,500) in the Community Youth Program
Budget to cover the tuition of participating families that wish to enroll with
the YMCA. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Assistant County Attorney Popovich presented a request for
authorization of a change order with Sunward HTE Inc. for the backup
server and software purchase for the Emergency Communications
Department.
40
Supervisor Brown moved that the Board authorize the Chairman to
execute the Change Order on behalf of the Board. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
//
Chairman Clark called for the General Services report.
Ms. Mazur presented a request for approval of a change order for
additional work needed at the Joel C. Bradshaw Fairgrounds project at
Heritage Park. She advised that the project budget is not being exceeded by
this request. She advised that $946,000 out of a $2.7 million dollar budget
has been spent to date on the Fairgrounds.
Supervisor Bradshaw noted that the ditches at the Fairgrounds do not
appear to be draining properly on the south, east and back side of the
property.
Ms. Mazur replied that there is still work to be done in that regard, but
according to the engineering plan, it will be addressed.
Supervisor Brown moved that Change Order #1 be approved for the
needed amount of $132,000. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Wright reported that there are cracks in the surface road at
the Windsor Volunteer Fire Department and he requested that Ms. Mazur
investigate the problem and advise him next month on a plan of action.
Supervisor Wright requested that staff contact Mr. Sam Duck on
Blackwater Road at Chapel Grove Church relative to street lights being
installed and report back to him next month.
Ms. Mazur recognized Tony Wilson for bringing the 600-foot road
project at the industrial park in on time and 19% under budget.
Supervisor Bradshaw inquired when staff expects to bring the
Carrsville water system on-line.
Ms. Mazur reported that staff is awaiting a permit release from the
Department of Environmental Quality.
//
Chairman Clark called for the Emergency Services report.
41
Joseph R. Chase, Emergency Management Coordinator, formally
recognized Thomas Finderson, Jack York and the Red Cross for assisting a
family from Camptown with relocation that was affected by a tree that fell
on their house during the recent fires.
Steven A. Aigner, Fire and EMS Coordinator, advised for the Board?s
information that he had received a staffing request from Chief Jones,
Rushmere Volunteer Fire Department, for assistance during the hours of
6:00 a.m. to 3:00 p.m. He advised that there is one (1) position available at
this time that can be assigned to the Station, but the rest of it will have to
come in next year?s budget process.
//
Chairman Clark called for the County Administrator?s report.
County Administrator Caskey presented a Resolution to Appropriate
Funds in the amount of $18,850 from the Unappropriated Fund Balance for
the Electoral Board for the Board?s consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR THE ELECTORAL BOARD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved an additional appropriation for the Electoral Board;
and,
WHEREAS, funds in the amount of eighteen thousand eight hundred
fifty dollars ($18,850) need to be appropriated from the Unappropriated
Fund Balance of the General Fund to the FY 2007-08 General Operating
Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that eighteen thousand eight
hundred fifty dollars ($18,850) from the Unappropriated Fund Balance of
the General Fund be appropriated to the FY 2007-08 General 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 adjustment in the budget and to do all things necessary to give
this resolution effect.
42
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Emily G. Haywood, Director of Human Resources, addressed the issue
of the County?s health insurance plan renewal, which increased 5.3%. She
recommended that the Board fund the entire cost of the insurance increase,
which for the remainder of this fiscal year will equal $20,000 and which is
already included in the budget.
Chairman Clark moved that the Health Insurance renewal included in
the Board?s agenda be adopted, effective March 1, 2008. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Caskey recalled that staff addressed the Board
relative to the concept of developing community/village signs. He advised
that funding was secured through the Carrsville Ruritan Club in the amount
of $8,000 to begin that effort in the southern end of the County. He stated
the Board Report included in the Board?s agenda identifies a proposed
location of the signage which has been discussed with the Southern
Development Committee. He called to the Board?s attention that the
funding donated by the Carrsville Ruritan Club provides for a sign at the
various communities of Colosse, Walters, Camptown and Carrsville.
Supervisor Bradshaw moved to approve the proposed sign design and
location sites and that two (2) signs be installed as designated, with the
County funding the additional $8,000 from the Unappropriated Fund
Balance. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Donald T. Robertson provided a brief overview of legislative matters
under consideration at the General Assembly. He advised that SB 768 has
been carried over to 2009; HB 124 (Machinery and Tools Tax) was carried
over to 2009; the Bill submitted on behalf of the County by Delegate Barlow
which will allow the County to place liens on water and sewer bills did pass
the House and the Senate.
Chairman Clark requested Mr. Robertson to check the status of the
Bill introduced by Delegate Barlow which would allow Judges to take
matters under advisement.
Mr. Robertson addressed the Board regarding potential dates and
times for the Board to hold its annual Town Meeting.
43
The Board concurred with conducting a Town Meeting on April 26,
2008 at 10:00 a.m. at Westside Elementary School.
Lisa T. Perry, Director of Economic Development, requested the
Board to commit funding in the amount of $5,000 for the Olde Town Curb
Market. She stated her request is contingent upon the Town of Smithfield
funding the same amount as the County. She advised that a budget for the
past year has been received.
Supervisor Bradshaw commented that in the past this market has been
a Chamber of Commerce sponsored event run by the Chamber.
Judy H. Winslow, Director of Tourism, stated that the Chamber of
Commerce has recently reexamined where their focus needs to be and have
decided that is not where they want to spend their efforts. She stated that
since this transition occurred suddenly, staff is in the process of working out
the details.
Supervisor Casteen moved that the Board fund $5,000 contingent
upon the Town funding the same amount and that staff bring back a strategic
plan to the Board for its review and approval at its March 20, 2008 meeting
on how to move forward. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
//
Chairman Clark called for consideration of the Consent Agenda.
A. Update on Homeless Issues in Isle of Wight County
B. Request for Proposal ? Non-Professional Services: Financial
Advisory Services
. Resolution to Authorize the Solicitation of Proposals for
Non-Professional Services for Financial Advisory Services
C. Resolution to Appropriate Funds for the County Attorney?s
Office
. Resolution to Appropriate Funds from the Unappropriated
Fund Balance for the Isle of Wight County Attorney?s
Office in the Amount of Fifty Thousand Dollars
D. Resolution to Appropriate Funds for the County Attorney?s
Office
44
. Resolution to Appropriate Funds from the Unappropriated
Fund Balance for the Isle of Wight County Attorney?s
Office in the Amount of Eighty-Five Thousand Dollars
E. Solid Waste Plan 2018
F. Proposed Capital Improvements Plan ? FY 2009-13
G. Revised Budget Calendar
H. Monthly Financial Reports for County and Schools
I. Litter Pickup
J. Delinquent Real Estate Tax Collection Monthly Report
K. November 15, 2007 Regular Meeting Minutes
L. November 20, 2007 Special Meeting Minutes
M. November 28, 2007 Special Meeting Minutes
N. December 13, 2007 Retreat Meeting Minutes
O. December 13, 2007 Regular Meeting Minutes
P. January 3, 2008 Regular Meeting Minutes
Q. January 17, 2008 Regular Meeting Minutes
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, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Appointments.
Supervisor Bradshaw moved that the Board reappoint Mike Klusmeier
to serve on the Wetlands Board representing the Carrsville District. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that the Board appoint Supervisor
Casteen to serve on the Joint Tourism Committee, replacing Thomas R. Ivy.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
45
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board accept the resignation of
Tom Baise as the Fair Committee Chairman and Chairman of the Logistics
Committee. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board accept the resignation of
Dianna Baise from the Fair Committee and as the Co-Chairman of the
Logistics Committee. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved to appoint David Sawyer as the Fair
Committee Chairman. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
//
Chairman Clark called for Old Business.
A. The application of Isle of Wight Properties, Ltd., owner, and
New Cingular Wireless PCS, LLC (t/a AT&T), applicant, for a
Conditional Use Permit to construct a 165 foot monopole
communications tower with related antennas and a 4 foot
lightning rod, with an equipment shelter and related
communications equipment on approximately five (5) acres of
land located at 23195 Vellines Lane, in the Newport Election
District.
Supervisor Casteen moved that the Board table the application for
sixty (60) days. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
B. The application of Isle of Wight Materials Company, Inc., Henry
W. Morgan, Richard L. Turner, Benns Church Properties, Arthur
R. Kirk, Kirk Timber & Farming Company, Kirk Lumber
Company, Bruce R. Kirk, Lynn K. Rose, Russell B. Rose, John
R. Rose, J. Stokes Kirk, Sr., Family Trust, and Eagle Harbor,
LLC, owners, and Benns Grant Commercial Development, Inc.,
Benns Grant Residential Development, Inc., and AH Benns
Grant, LLC, applicants, for a change in zoning classification
from Rural Agricultural Conservation (RAC) and General
Commercial (GC) to Conditional Planned Development ? Mixed
46
Use (C-PD-MX) of approximately 618.6 acres of land located on
the west side of Benns Church Boulevard (Rt. 10) near its
intersection with Brewers Neck Boulevard (Route 10/32/258), in
the Windsor Election District. The purpose of the application is
to allow for construction of a mixed use development, including
residential, commercial, civic, and office development.
Chairman Clark moved that the Board table consideration of the
application until the Board?s March 20, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
C. The application of Benns Church Properties, owner, and AH
Benns Grant LLC, applicant, for a Conditional Use Permit for a
proposed Wal-Mart to allow construction of a commercial retail
facility with a building footprint greater than 80,000 square feet,
which will include the following uses: drive-through pharmacy;
garden center; and motor vehicle repair service/minor on
approximately 21.2 acres of land on the west side of Benns
Church Boulevard (Route 10/32) north of Muddy Cross Drive
(Route 620) in the Windsor Election District.
Chairman Clark moved that the Board table consideration of the
application until the Board?s March 20, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
D. Guidelines for Community Development Authorities
Chairman Clark moved that the Board table consideration of the
Guidelines until the Board?s March 20, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
E. An Ordinance Creatingthe Benns Grant Community
Development Authority
Chairman Clark moved that the Board table consideration of the
Ordinance until the Board?s March 20, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Clark called for discussion on the Riverview Park/Pinewood
Heights relocation.
47
County Administrator Caskey advised pursuant to the direction of the
Board at its January 17, 2008 meeting, staff has evaluated the feasibility of
donating the entire property to the Town of Smithfield.
Mr. Small advised that staff?s recommendation is that the County
donate the building, the ball fields, tennis courts and Jaycee?s building. He
stated it is not staff?s recommendation that the County donate the entire
property to the Town for Pinewood Height?s use, but that some of that
property be available for the use of Pinewood Heights and that the remainder
of the property be used for the benefit of the residents of the Town.
Supervisor Wright recommended that the memorial gardens be kept in
place and that papers be drawn up and presented to the Town for its
acceptance.
Supervisor Bradshaw moved that the Board refer the matter to the
Smithfield Intergovernmental Relations Committee and return to the Board
with a recommendation. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Assistant County Attorney Popovich presented a Resolution in
Support of the Funding of an Educational Building for Eastern Virginia
Medical School for the Board?s discussion and consideration.
Chairman Clark advised that Mayor Fraime from Norfolk is requesting
regional support of a resolution of support for additional funding for EVMS.
Chairman Clark moved to adopt the following resolution:
A RESOLUTION IN SUPPORT OF THE FUNDING
OF AN EDUCATIONAL BUILDING FOR
EASTERN VIRGINIA MEDICAL SCHOOL
WHEREAS, the two branches of the General Assembly have before it
approval of a $1.6 billion dollar referendum for higher education, the Senate
referendum bill having included $59 million dollars to build a classroom
building at Eastern Virginia Medical School, the first new education
building in 30 years, and the House of Delegates referendum bill deleting
the $59 million dollars sought by the Eastern Virginia Medical School
(EVMS) from the bond referendum and sale; and
WHEREAS, the proposal is to construct a building of classrooms and
laboratories and to modernize the existing facilities and these improvements
are necessary to meet the growing demand for more doctors; the Association
of American Medical Colleges (AAMC) having recommended that
enrollment be raised by 30% to meet this growing demand; and that the
present enrollment at EVMS is 330 students and the improvements would
48
permit enrollment to be increased by 100 students thus meeting the AAMC
recommendation; and
WHEREAS, the Governor has recommended the $1.6 million dollar
bond referendum and requested the General Assembly to approve the
referendum so it may be on the November 2008 ballot; the Governor has
noted physician shortages as a reason for the improvements; and the
Governor has recommended that EVMS, the Medical College of Virginia in
Richmond, and a proposed medical school at Virginia Tech to be located at
Roanoke each receive $59 million dollars from the bond sale and EVMS is
the only school of three proposed recipients which has been proposed for
exclusion; and
WHEREAS, EVMS is an essential part of the medical care system in
Hampton Roads without which the physician shortage would increase, the
costs of healthcare will rise, and the attraction of new businesses and the
retention of existing businesses will be significantly impacted; and
WHEREAS, the exclusion of EVMS from the bond referendum
proceeds would be unfair to the school, and the community and region
which relies upon the availability of quality, accessible, and economic health
care and trained medical professionals from facilities such as EVMS; many
of whom stay and practice in the Hampton Roads area.
BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County;
Section1: That the Board of Supervisors recognizes the critical
importance of the existence of and continuing presence of Eastern Virginia
Medical School to Isle of Wight County and the Hampton Roads area and
their residents in providing quality health care by trained medical
professionals;
Section 2: That the improvements sought by EVMS are necessary and
appropriate in response to recommendations of interested parties;
Section 3: That the Board of Supervisors affirms its support of EVMS
and requests that, accordingly, the Virginia General Assembly pass the
Senate version of the $1.6 billion dollar referendum including $59 million
dollars to go to EVMS for construction of a building which will have new
classrooms and new laboratories and upgrading equipment.
Section 4: That in the event the designated proceeds from the bond
issue are reduced or increased that each of the three receiving schools shall
each receive the same amounts.
Section 5: That this resolution shall be in effect from and after the date
of its adoption.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for New Business.
49
Chairman Clark requested that staff address the condition of the shell
building in the Isle of Wight Industrial Park and advise Charlie Daniels
regarding the County?s plan for the vacancy of the building.
Chairman Clark requested staff report on the derelict house on Cedar
Grove Road.
Ms. Walkup advised that Arthur E. Berkley, Director of Inspections,
will make a report to the Board at its March 20, 2008 meeting.
Supervisor Wright requested that gates and no trespassing signs be
installed at the Shirley T. Holland Commerce Park to discourage
motorcyclists and four wheelers from driving over the hills on the back side
of the building. He further requested that the Sheriff?s Department should
also patrol this area.
Supervisor Bradshaw moved to direct staff to schedule a joint social
meeting with the School Board. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved to direct staff to work with the Hampton
Roads Sanitation District on the sewer extension for Route 58. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved to direct staff to contact the City of
Franklin regarding the development of a regional Airport Authority. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that staff be directed to develop a report
showing all property that has been rezoned since 1997, but not developed (to
include the year it was rezoned). The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
//
Assistant County Attorney Popovich requested a Closed Meeting
pursuant to Section 2.2-3711.A.7 of the Code of Virginia for discussion with
legal counsel regarding the consideration of the investment of public funds
pertaining to the PACE Program; pursuant to Section 2.2-3711.A.3 for
discussion with legal counsel regarding the acquisition of real property
pertaining to the Blackwater River project; pursuant to Section 2.2-3711.A.5
regarding a perspective business where no previous announcement has been
50
made; and, pursuant to Section 2.2-3711.A.1 for discussion with legal
counsel regarding a personnel matter.
Supervisor Wright moved that the Board extend its meeting time
beyond the hour of 11:00 p.m. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Brown moved that the Board enter the Closed Meeting for
the reasons stated. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark 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 Bradshaw,
Brown, Casteen, Clark 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
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 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: Bradshaw, Brown, Casteen, Clark, and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
51
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