03-20-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF MARCH IN THE
YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr., Vice-Chairman (Arrived at 4:05
p.m.)
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
th
Chairman Clark introduced Kateland Bradshaw, a 10 grade student
from Windsor High School, who called the meeting to order at 4:00 p.m.
//
Chairman Clark delivered the invocation.
//
The Pledge of Allegiance was conducted.
//
Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney?s report, add a Resolution To
Accept and Appropriate Grant Funds from The Virginia Department Of
Agriculture And Consumer Services for the Purchase of Development
Rights; under the County Attorney?s report, add an Agreement with
Davenport and Company for the purpose of providing financial advice
relative to the County?s $10 Million General Obligation Bond Issuance;
under the County Attorney?s report, add a sole source contract with Gately
Communications Company for the provision of hardware and software
upgrades (SCADA) for the County?s pump stations; under the County
Attorney?s report, add a professional services agreement with Bury Partner?s
for the provision of professional engineering services relative to the
Courthouse Complex; under the County Attorney?s report, add a discussion
relating to the daycare and agricultural buildings located on the James and
Washington Street property; under the County Attorney?s report, remove the
County Attorney?s reply to Supervisor Bradshaw?s inquiries relative to
Benn?s Grant; under the County Attorney?s report, add the acceptance of the
1
deed for the Smithfield Volunteer Fire Department; under Old Business, add
an item concerning the Early Childhood Program; under New Business, add
an item concerning the 2010 census; under the Closed Meeting, add seven
(7) items; move the Fire and Rescue Strategic Plan report from the
Emergency Services section of the agenda to immediately follow Special
Presentations; under the General Services report, remove the report entitled
?Stage 2 Disinfectants and Disinfection Byproducts Rule?; and, under the
County Attorney?s report, add a request to approve the claim made by Ann
Sullivan, attorney for Alan Nogiec, regarding his law suit.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Brown absent for the
vote.
//
Chairman Clark called for Special Presentations/Appearances.
Chairman Clark formally presented A Resolution of Appreciation to
Thomas R. Ivy, which was adopted by the Board at its January 3, 2008
meeting.
A Resolution In Recognition of the Service of The Honorable Robert
B. Edwards was presented for consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION IN RECOGNITION
OF THE SERVICE OF
THE HONORABLE ROBERT B. EDWARDS
WHEREAS, the Honorable Robert B. Edwards has served as Chief
Judge of the General District Court for the Fifth Judicial District for 39
years; and,
WHEREAS, the Honorable Robert B. Edwards retired as Judge of the
General District Court for the Fifth Judicial District effective December 31,
2007; and,
WHEREAS, the Board of Supervisors of Isle of Wight County wishes
to recognize Judge Robert B. Edwards for his wisdom and dedicated public
service to the citizens of Isle of Wight County;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of Isle of Wight County does hereby recognize the
2
Honorable Robert B. Edwards for his dedicated public service as Chief
Judge of the General District Court for the Fifth Judicial District for 39
years; and,
BE IT FURTHER RESOLVED that the Board of Supervisors
expresses its best wishes to the Honorable Robert B. Edwards on the
occasion of his retirement.
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 formally recognized R. Edward Blount in attendance
and called for consideration of a resolution in recognition of his services.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION IN RECOGNITION
OF THE SERVICE OF
R. EDWARD BLOUNT
WHEREAS, R. Edward Blount, was appointed to the Isle of Wight
County Electoral Board in 1964 and served on the Electoral Board for 44
years; and,
WHEREAS, Mr. Blount also served as Clerk of the General Election
for 12 years; and,
WHEREAS, during his tenure on the Electoral Board, he diligently
conducted and oversaw elections within the County, saw a significant
growth in the registered voters in Isle of Wight, implemented Federal and
State voting mandates, and oversaw significant changes in the voting
process brought on by new equipment, including the implementation of
statewide automated voter registration; and,
WHEREAS, during his long and distinguished service Mr. Blount was
instrumental in successfully overseeing tremendous change, growth and
progress within Isle of Wight County;
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that R. Edward Blount be recognized and commended
for his distinguished service to the citizens of Isle of Wight County, and is
presented this Resolution as a token of the Board?s gratitude and esteem;
and,
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to R. Edward Blount its best wishes for his future
3
endeavors and orders that a copy of this Resolution be spread upon the
th
minutes of this Board this 20 day of March 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.
//
Mr. James Ray, Government Relations Manager, Charter
Communications, introduced Mr. Thomas L. Ross, Jr., Operations Manager,
Charter Communications.
Mr. Ross advised that in 2007, Charter Communications provided
service to 158 additional homes in the County, for a total 12,107 and
installed 210 miles of fiber optic cables for schools and 8.29 miles of cable
for businesses in the County. He presented a map depicting the areas of the
County that service from Charter can be purchased. He explained that
certain build-out criteria must be met before cable can be installed and
Charter Communication?s franchise, which will expire in 2010, currently
quotes 35 homes per mile. He noted that 21 channels had been added and
that there are plans to introduce digital telephone service in the County.
Supervisor Bradshaw suggested that in anticipation of the renewal of
the franchise agreement that Charter and staff begin discussions regarding
ways in which to expand Charter Communication?s services in the rural
areas of the County.
Dr. Michael W. McPherson, Superintendent of Public Schools,
advised that the demographic study is expected to be complete in the next
couple of months and the school system is willing to become a part of the
study group involved with the Early Childhood initiative. He thanked staff
for its cooperative effort during the budget process.
Patrick J. Small, Assistant County Administrator, formally introduced
Mark Furlo, the County?s new Parks Administrator, to the Board.
//
Thomas R. Ivy introduced Devin Butler and Bill Chapman,
representatives of the Fire and Rescue Association.
Mr. Ivy presented the Fire and Rescue Strategic Plan to the Board,
noting that it had been adopted by the Fire and Rescue Association by
unanimous vote.
Supervisor Wright moved that the Board adopt the Fire and Rescue
Strategic Plan as recommended by the Fire and Rescue Association. The
4
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 Regional reports.
Chairman Clark reported that the Governor had announced that he
would be calling a special session of the General Assembly relative to the
Hampton Roads Transportation Authority.
Supervisor Wright reported that a search for the new Western
Tidewater Regional Jail Superintendent is still underway.
Supervisor Bradshaw distributed a copy of information that was
obtained at the most recent meeting of the Hampton Roads Economic
Development Alliance, which he was unable to attend.
Supervisor Bradshaw reported that a new Director of Social Services
has been hired.
Supervisor Bradshaw advised that there will be a regional meeting
held at the Wakefield 4-H Center on March 31, 2008.
Supervisor Brown advised that John Hadfield, Executive Director,
Southeastern Public Service Authority, has announced his retirement. He
advised that the State?s largest landfill in Sussex has agreed to pay over
$14,000 in fines for 8,000 gallons of garbage spilling into wetlands. He
advised that six (6) of the eight (8) member communities of SPSA have
adopted flow control, but the Cities of Suffolk and Virginia Beach have not.
He stated SPSA?s goal is to have the commercial and municipal rates equal.
He advised that SPSA?s general banking services have been changed from
Bank of America to Wachovia. He stated there has been a change to the
RFD, which resulted in a $2 million capital savings.
Supervisor Casteen reported that guest speakers at the March 12, 2008
meeting of the South Hampton Roads Resource Conservation and
Development Council reviewed the weekend incentive sanction program
aimed at helping juveniles through weekend agricultural projects. He
advised that the Council voted to fund its startup, which is using donated
land from a family in Suffolk. He advised that the Council also voted to
help fund a seminar addressing bee keeper concerns on April 8-10, 2008 and
that Rex Cotton has joined the Council as a member.
Supervisor Bradshaw reported that International Paper (IP) has held a
community relations meeting and the Corporate Governmental Affairs
representative addressed the Homestead Act and the Machinery & Tools
5
Act. He recommended that County Administrator Caskey and staff take a
tour and receive IP?s presentation on the paper mill with respect to how IP is
moving forward with addressing environmental issues.
Supervisor Bradshaw reported that the congressional delegation is
requesting that another letter be submitted in support of funding for the
recognizance study for the Chowan River. He advised that the study has
been approved; however, there is no funding allocated for this year. He
advised that a subcommittee is to be appointed charged with make
recommendations, in conjunction with the Army Corps of Engineers,
concerning acquiring the funding for water-level and rain gauges for the
Blackwater River associated with the Weather Center?s forecast.
//
Chairman Clark called for Transportation Matters.
Mac Neblett, VDOT Residency Administrator, notified the Board that
the investigation conducted by Traffic Engineering to determine if marked
crosswalks are warranted on Route 17 with the Eagle Harbor Parkway
intersection has revealed that none of the intersections are compliant with
the American with Disabilities Act; that a turning movement count, to
include pedestrian counts, had been conducted on March 12, 2008 revealed
that 24 pedestrians crossed Route 17 during the period of time of 6:00 a.m.
until 6:00 p.m.; and, that a crash history from January 1, 2004 to date
revealed that there were nine (9) reported crashes for that intersection of
which none involved a pedestrian.
Chairman Clark inquired if pedestrian signal signs could be installed
at the crosswalks.
Mr. Neblett responded that current pedestrian usage does not meet the
criteria for pedestrian signalization.
Supervisor Bradshaw moved that staff be directed to request from the
District Administrator if Federal Transportation Safety Funds could be
utilized for this crosswalk due to safety 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. Neblett reported that the State has announced that it anticipates
spending $1.1 billion less on roads over the next six (6) years, which will
affect urban, secondary and primary programs. He advised that the County
received $811,000 last year and is expected to receive $431,000 in the
upcoming fiscal year.
6
Supervisor Wright notified Mr. Neblett that Mr. Walker?s ditch
concern had not been addressed.
Mr. Neblett advised that normal maintenance of an outfall ditch
outside of the road right-of-way is not conducted by VDOT.
Supervisor Wright inquired about the status of Bowling Green Road.
Mr. Neblett advised that the concern is currently being reviewed by
VDOT Traffic Engineering staff.
Supervisor Brown inquired about a proposed solution for Owens
Estate.
Mr. Neblett advised that VDOT intends to keep as much water within
the drainage ditches parallel to Route 10 carried down to Lawnes Creek. He
advised that he anticipates completion of the project by mid to late summer,
depending on the availability of funds.
Supervisor Brown inquired about the status of the guardrail extension
project at the curve on Courthouse Highway.
Mr. Neblett advised that there are utility cables currently in the way
which need to be relocated. He offered to investigate the possibility of
installing an additional warning sign ahead of the existing sign.
Supervisor Bradshaw notified Mr. Neblett that the speed limit signs
are still down at Thomas Woods Trail on the County?s side.
Mr. Neblett noted that he would see that the signs are addressed.
Supervisor Bradshaw inquired if State reductions in funding are going
to impact the Route 460 project relative to flooding conditions.
Mr. Neblett advised that that project could be addressed with available
funds and that he would anticipate having a report for the Board by the end
of the month.
Chairman Clark distributed a picture taken by staff on Campbell?s
Chapel Road depicting a vault that had fallen as a result of past easement
work performed by VDOT.
Mr. Neblett stated that Campbell?s Chapel Road had been rebuilt as a
rural addition road that VDOT had been very careful not to go beyond the
existing ditches at that time.
Chairman Clark reiterated that the erosion occurred following the road
being rebuilt by VDOT.
7
Chairman Clark moved that Kristin Mazur, County Engineer, be
directed to work out a solution with VDOT to the problem on Campbell?s
Chapel Road. 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 requested the status of the enhanced penalty signs for
Gatling Pointe.
Mr. Neblett offered to check the status and report back to the Board.
Grace Keen requested the status of gates/variable message signs for
the James River Bridge.
Mr. Neblett advised that funding in the amount of $1.2 million is
available to complete the design and installation of the gates and variable
message signs at the James River Bridge. He further advised that the project
will begin in the summer.
Grace Keen requested appropriate action be taken to correct the
current condition of Yellow Rock Road.
Chairman Clark moved that the Board direct Ms. Mazur to research
the minutes and report back to the Board at its April 3, 2008 meeting where
the County left off with acquiring Yellow Rock Road. 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 Citizens Comments.
Grace Keen requested that the Board take action to protect historic St.
Lukes Church from surrounding modern development.
Bob Cantrell requested that the Board adopt a county-wide leash law.
Herb DeGroft, 15411 Mill Swamp Road, addressed the proposed
School Board budget.
Dee Dee Darden, 16429 Bowling Green Road, addressed a concern
about the number of County Department Heads that have left the County?s
employment. She expressed interest in knowing the amount of County
funds that have been spent on the Benn?s Grant project and the Museum
with respect to outside consulting firms and staff?s time. She inquired how
the County anticipates addressing its transportation needs and questioned if
8
the County has the proper tools in place to manage residential and industrial
growth.
//
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.
Chairman Clark 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.
//
Chairman Clark called for Board Comments.
No comments were offered by the Board.
//
Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton requested that the Board authorize
him to approve a refund to Tract 7, LLC in the amount of $4,961.84 for a
County Business License for the tax years 2007, 2006 and 2005.
Supervisor Bradshaw moved that the Board authorize the Interim
County Attorney to approve a refund to Tract 7, LLC in the amount of
$4,961.84 for a County Business License for the tax years 2007, 2006 and
2005. 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.
Interim County Attorney Burton requested that the Board authorize
him to approve a refund to Tract 3, LLC in the amount of $6,884.71 for a
County Business License for the tax years 2007 and 2006.
Supervisor Casteen moved that the Board authorize the Interim
County Attorney to approve a refund to Tract 3, LLC in the amount of
$6,884.71 for a County Business License for the tax years 2007 and 2006.
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.
9
Interim County Attorney Burton requested that the Board authorize
him to approve a refund to PACCAR Leasing Company in the amount of
$5,100.00 for the tax year 2007.
Supervisor Bradshaw moved that the Board authorize the Interim
County Attorney to approve a refund to PACCAR Leasing Company in the
amount of $5,100.00 for the tax year 2007. 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.
Interim County Attorney Burton requested that the Board authorize the
County Attorney?s office to advertise for public hearing Chapter 15.
Taxation. Article IV, Electric and Natural Gas Consumers Tax. Section 15-
11. Electric Utility Consumers Tax and Section 15-12. Local Natural Gas
Utility Consumer Tax at the Board?s April 17, 2008 meeting.
Chairman Clark moved that the Board authorize the County Attorney?s
office to advertise the matter for public hearing at the Board?s meeting of
April 17, 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.
Interim County Attorney Burton presented an amendment to the
Planning Commission?s By-Laws which clarifies when the Chairman takes
office.
Supervisor Brown moved that the Board approve the Planning
Commission By-Laws 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.
Interim County Attorney Burton recommended that the matter
concerning a Memorandum of Agreement with the Clerk of the Isle of Wight
Circuit Court be deferred until following the Closed Meeting.
Interim County Attorney Burton advised that he has approved the
Intergovernmental Agreement between the Virginia Department of
Agriculture and Consumer Services and the County to form and
recommends that the Board authorize the County Administrator to sign it on
behalf of the Board.
Rachel Morris-Chieppa, Rural Economic Development Manager,
advised that the State?s farmland preservation program will be funded in the
amount of $4.25 million and the County will receive $403,000. She noted
that the County?s PACE Program is well recognized.
Supervisor Bradshaw moved that the Board authorize the County
Administrator to execute the Intergovernmental Agreement between the
10
Virginia Department of Agriculture and Consumer Services and the County
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.
Interim County Attorney Burton advised that he has approved as to
form the Standard Form of Agreement between the Owner and
Architect/Moseley Architects, P.C. for architectural services for the new
Courts facility and recommends that the Board authorize the Chairman to
execute it on behalf of the Board.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Standard Form of Agreement between the Owner and Architect
for architectural services for the new Courts facility 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.
Interim County Attorney Burton briefed the Board on the suit
instituted by Alan Nogiec against Patrick J. Small, Assistant County
Administrator and the County. He advised that the County, in turn, had
filed demurs to the suit. He stated subsequent to that, a hearing was to be
held and counsel for Mr. Nogiec filed a non-suit as to the case; however, he
has been advised by counsel that it is her intention to refile the suit. He
advised that there is a statute in Virginia that requires that to be considered
by the Board before a suit is brought a claim must be made. He stated that
there is a defamation and contract claim and VACo and Risk Management
of Virginia have said that the contract claim is not covered under the
County?s insurance coverage; however, the defamation claim is and they are
being defended under that basis. He stated should the defamation claim in
the future be dismissed and it would solely be a contract claim, it would be
the County?s responsibility to pay. He recommended that Attorney Guynn
be hired to represent the County on the contract claim.
Chairman Clark moved that the County authorize the County Attorney
to hire Attorney Guynn with regard to the Nogiec contract claim. The
motion was adopted by a vote of (5-0) withSupervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Interim County Attorney Burton requested a motion to correct the
minutes of the September 20, 2007 Board of Supervisors? meeting.
Chairman Clark moved that Page 14 of the Board of Supervisors?
Minutes of September 20, 2007 pertaining to the application of Locust
Grove partners, L.C. and E. E. Holloway, Jr., Estate owners, and Bay Sand
Company, Inc., operator, for a Conditional Use Permit to allow construction
and operation of two (2) borrow pits be amended as follows:
11
. Delete: Supervisor Bradshaw inquired if a traffic impact
assessment has been done on Muddy Cross Road.
. Add: Supervisor Bradshaw inquired what the current traffic
count is on Muddy Cross Drive.
. Add: Supervisor Clark commented that a traffic impact
assessment has not been done.
. Delete: Ms. Walkup replied that staff was unable to obtain a
traffic impact assessment from the State.
. Add: Ms. Walkup responded that information could not be
obtained.
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.
Interim County Attorney Burton presented a Professional Services
Agreement between the Board and R. Stuart Royer and Associates, Inc.
which he has approved as to form and recommends that the Board authorize
the Chairman to sign on behalf of the Board.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Professional Services Agreement between the Board and R.
Stuart Royer and Associates, Inc. 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.
Interim County Attorney advised that he had six (6) items to discuss
with the Board later in Closed Meeting.
Chairman Clark moved that the Board add an additional Closed
Meeting item per Supervisor Brown with regard to a personnel matter. 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.
Interim County Attorney Burton presented a Resolution to Accept and
Appropriate Grant Funds from The Virginia Department of Agriculture and
Consumer Services for the Purchase of Development Rights for the Board?s
consideration.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
12
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES FOR THE PURCHASE OF DEVELOPMENT
RIGHTS
WHEREAS, the Board of Supervisors of Isle of Wight County has
received notice of award by the Virginia Department of Agriculture and
Consumer Services for the purchase of development rights; and,
WHEREAS,the grant funds in the amount of four hundred three
thousand two hundred nineteen dollars ($403,219), or so much as shall be
received from the Virginia Department of Agriculture and Consumer
Services needs to be accepted and appropriated to the FY 2007-08 Operating
and Capital Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight that grant funds in
the amount of four hundred three thousand two hundred nineteen dollars
($403,219), or so much as shall be received from the Virginia Department of
Agriculture and Consumer Services be appropriated to the appropriate line
item in the FY 2007-08 Operating and Capital Budget of the County of Isle
of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments 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.
Interim County Attorney Burton presented a Letter of Agreement with
Davenport and Company for the purpose of providing financial services
relative to the County?s $10 Million General Obligation Bond issue which
he has approved as to form and requests that the Board approve.
Supervisor Bradshaw moved that the Board authorize the Chairman to
sign the Letter of 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.
Interim County Attorney Burton presented a sole source contract with
Gately Communications Company for the hardware and software upgrades
(SCADA) to the County?s pump stations which he has approved as to form
and recommends that the Board authorize the Chairman to execute on behalf
of the Board.
13
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the contract 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.
Interim County Attorney Burton presented a Professional Services
Agreement with Bury Partner?s for the provision of Professional
Engineering Services relative to the Courthouse Complex which he has
approved as to form and recommends that the Board authorize the Chairman
to execute on behalf of the County.
Supervisor Wright moved that the Board authorize the Chairman 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.
Interim County Attorney Burton requested that the Board clarify for
Peter M. Stephenson, Smithfield Town Manager, if it is the Board?s
intention to deed the daycare and agricultural buildings located on James
and Washington Street in the Town of Smithfield to the Town of Smithfield.
Supervisor Bradshaw moved that the Board deed the entire 2.68 acres
to the Town of Smithfield, to include anything on that property. 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.
Interim County Attorney Burton advised that he had sent a letter to
Ann Sullivan, attorney for Alan Nogiec, indicating that it would be his
recommendation that the Board deny the claim. He advised that the Code
requires that a claim be made, but the County never received a claim until
now. He further advised that the time in his judgment has expired as it was
not instituted within six (6) months of the claim.
Chairman Clark moved that the claim be denied for the amount
requested in the lawsuit in the amount of $500,000. 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.
Interim County Attorney Burton presented a Deed from the Smithfield
Volunteer Fire Department for the conveyance of the land for the Smithfield
Fire Station. He recommended that the Board authorize the Chairman to
accept the Deed on behalf of the County.
14
Chairman Clark moved that the Board authorize the Chairman to
accept the Deed from the Town of Smithfield for the conveyance of the land
for the Smithfield Fire Station on behalf of the County. 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 Community Development report.
The application of Timothy Moore, Jr. and Airway Motorcycle
Authority for Preliminary Site Plan Review for a motorcycle safety
training facility to include classroom instruction and ?outdoor range
training,? and a proposed 1,200 square feet accessory building. Tax
Map #69-01-038.
Beverly H. Walkup, Director of Planning and Zoning, advised that the
Planning Commission has reviewed the site plan and recommends it for
approval with the stipulation that if there are any complaints from the
churches in the vicinity about the noise level that the issue will be
readdressed by the Planning Commission to apply any restrictions that may
be necessary. She stated there is an outstanding issue relative to access
being provided to one (1) of the utilities by Public Utilities and staff
recommends that access be worked out by the applicant and the Utilities
Department.
Supervisor Bradshaw moved that the Board approve the application of
Timothy Moore, Jr. as presented by the Planning Commission. 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.
Tim Moore, Sr. of Franklin stated that he would like to have
permission to utilize the existing sign post that he is leasing that is located
in front of his store, which he feels is consistent with the surrounding
community.
Supervisor Bradshaw agreed to meet with Ms. Walkup and Mr. Moore
regarding his sign concern.
//
Chairman Clark commented that the entire week is Agricultural Week
and today is National Agricultural Day.
//
15
Chairman Clark called for the General Services report.
Chairman Clark moved that the General Services report be moved to
the end of the 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 the Emergency Services report.
Steven A. Aigner, Fire and EMS Coordinator, presented a request
from the Carrollton Volunteer Fire Department for reimbursement for an
International Trauma Life Support (ITLS) class.
Supervisor Bradshaw moved that the Board appropriate $2,725 from
the FY2007-2008 Contingency Fund to reimburse the Carrollton Volunteer
Fire Department. 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 County Administrator?s report.
County Administrator Caskey presented a Memorandum of
Understanding received from the Windsor Town Manager for the Windsor
Volunteer Fire Department for the Board?s consideration.
Supervisor Wright moved that the Board authorize the Chairman to
sign the Memorandum of Understanding. 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 presented a Resolution Approving the
Issuance of Debt by the Western Tidewater Regional Jail Authority for the
Board?s consideration.
Supervisor Wright moved that the Board adopt the following
Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA
APPROVING THE ISSUANCE OF DEBT
BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY
AND RELATED MATTERS
16
WHEREAS, the Board of Directors of the Western Tidewater
Regional Jail Authority (the ?Authority?) has authorized and approved the
proposed issuance of the Authority of its revenue bonds/notes in an
aggregate principal amount not to exceed $3,400,000 (the ?Bonds?) for the
purpose of financing or refinancing (i) the acquisition, construction and
equipping of certain capital improvements to the Authority?s regional jail
facility, (ii) the prepayment of the Authority?s General Obligation Public
Improvement Bond, Series 2003, and (ii) the costs of issuing the Bonds (the
?Project?);
WHEREAS, in accordance with Section 5.9 of that certain Service
Agreement, dated August 1, 1991, between the cities of Franklin, Virginia
(the ?Franklin?) and Suffolk, Virginia (?Suffolk?) and the county of Isle of
Wight, Virginia (the ?County? and, together with the Franklin and Suffolk,
the ?Member Jurisdictions?) and the Authority (the ?Service Agreement?),
the consent of each of the Member Jurisdictions is required prior to the
issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County that:
1. The County hereby consents to the issuance of the Bonds by the
Authority for the purpose of financing the Project, subject to the adoption of
similar resolutions by the governing bodies of the other Member
Jurisdictions.
2. The County hereby acknowledges and agrees that payment of
debt service on the Bonds shall be payable from the revenues of the
Authority. Under no circumstances shall the payment of debt service on the
Bonds constitute a general obligation indebtedness or pledge of the full faith
and credit or the taxing power of the County.
3. This resolution shall take effect immediately
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, Director of Information Resources and
Legislative Affairs, briefed the Board on the success of the recent joint Local
Government Academy class which was held by the County and the Town of
Smithfield. He mentioned that feedback received indicated that participants
would like additional time to discuss and look at the information that was
presented.
Mr. Robertson advised that the Governor will be calling a special
session of the General Assembly to discuss transportation funding. He
advised that impact fee legislation will be returning and he encouraged the
17
Board to share its thoughts with Senator Lucas at the upcoming regional
meeting.
Supervisor Bradshaw requested that Mr. Robertson attend the VACo
Resolutions Committee meeting on May 16, 2008 in Richmond with him
and Supervisor Wright.
Mr. Robertson noted that he would advise the Board on areas that will
receive budget cuts when they are identified, as well as those areas that will
receive additional funding. He advised that 599 funding is being frozen,
which will have an indirect impact on the County.
County Administrator Caskey presented information related to an
upcoming Relay for Life of Isle of Wight/Surry event for Board discussion
and consideration.
Chairman Clark moved that the Board offer the opportunity to staff to
develop a County governmental team. 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. Resolution of Appreciation ? Dinah M. Everett, Museum
Curator
B. DMV Highway Safety Project Grant
. Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Motor Vehicles for the
Highway Safety Project Grant
C. Application for Grant Funds ? Department of Criminal Justice
Services
. Resolution to Accept and Appropriate Grant Funds from
the Department of Criminal Justice Services for the
LETPP Grant
D. Monthly Financial Reports for County and Schools
E. Litter Pickup
F. Community Development Block Grant (CDBG) 2008 Fair
Housing Activity
18
G. Planning Commission Action List of February 26, 2008
H. Resolution of Appreciation for Peter B. Munsell
I. Delinquent Real Estate Tax Collection Monthly Report
J. January 29, 2008 Work Session Minutes
K. February 5, 2008 Work Session Minutes
L. February 11, 2008 Work Session Minutes
Supervisor Bradshaw 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 Wright moved that the Board reappoint Robert C. Claud,
Sr. to serve on the Paul D. Camp Community College 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 Wright moved that the Board reappoint Betty Alphin to
serve on the Industrial Development 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 to recommend Rudolph Boone to the
Circuit Court Judge to serve on the Board of Zoning Appeals. 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 reappoint Stan D. Clark to
serve on the Executive Committee of the Hampton Roads Planning District
Commission. 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 reappoint Hazel Edwards to
serve on the Southeastern Tidewater Opportunity Project. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
19
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the Public Hearings. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
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:
?Resolution Authorizing the Issuance and Sale of $10,000,000
General Obligation Public Improvement Bonds, Series 2008A, of Isle
of Wight County, Virginia, and Providing for the Form, Details and
Payment Thereof.?
Interim County Attorney Burton certified that the matter had been
properly advertised.
Jimmy Sanderson, Davenport & Company, offered to answer any
questions from the Board.
Chairman Clark called for persons to speak in favor of or in opposition
to the Resolution.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following
Resolution and authorize the Chairman to sign it on behalf of the County:
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$10,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES 2008A, OF ISLE OF WIGHT COUNTY, VIRGINIA,
AND PROVIDING FOR THE FORM, DETAIL AND PAYMENT
THEREOF
WHEREAS, pursuant to Section 10(b) of Article VII of the
Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-
227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County,
Virginia (the ?County?), has elected by affirmative vote of the qualified
20
voters of the County, to be treated as a city for the purpose of issuing its
bonds;
WHEREAS, the County desires to undertake various capital
improvements, including but not limited to, school building improvements,
public utility improvements, recreational land improvements, economic
development land acquisition and public safety facilities (collectively, the
?Project?) and to borrow money for such purpose and issue the County?s
general obligation public improvement bonds therefore;
WHEREAS, the County Administration, in consultation with
Davenport & Company LLC, the County?s financial advisor (the ?Financial
Advisor?), has solicited proposals for the private placement of such bonds
with a bank or other financial institution and four such proposals were
received; and,
WHEREAS, the County administration has recommended to the
Board that the County accept the proposal of Branch Banking & Trust
Company (the ?Bank?), dated February 19, 2008, a copy of which is
attached hereto as Exhibit A (the ?Proposal?);
WHEREAS, the Bank requires that the County enter into an Escrow
Agreement (the ?Escrow Agreement?) to be dated the date of the Bond (as
hereinafter defined), between the County and Branch Banking & Trust
Company, as escrow agent, the form of which has been presented to this
meeting, pursuant to which the proceeds of the Bond will be deposited in a
project fund (the ?Project Fund?) and requisitioned by the County in
accordance with the provisions of the Escrow Agreement;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. Authorization and Issuance of the Bond. There are hereby
authorized to be issued and sold, pursuant to the Constitution and statutes of
the Commonwealth of Virginia, including the Public Finance Act of 1991, a
$10,000,000 general obligation public improvement bond (the ?Bond?) of
the County to (a) provide funds to finance the Project and (b) pay the costs
incurred in connection with and issuing the Bond. The Bond shall be sold to
the Bank pursuant to the terms of the Proposal and this Resolution.
2. Escrow Agreement. The form of the Escrow Agreement
submitted to this meeting is approved. The Chairman and the Vice-
Chairman of the Board and the County Administrator, any of whom may act,
are authorized to execute the Escrow Agreement in substantially such form,
with such completions, omissions, insertions and changes not inconsistent
with this Resolution as may be approved by the officer executing the Escrow
Agreement, whose approval shall be evidenced conclusively by the
execution and delivery thereof.
21
3. Bond Details. The Bond shall be in the form of a single,
typewritten bond, designated ?General Obligation Public Improvement
Bond, Series 2008A,? or such other designation as shall be determined by
the County Administrator, shall be in registered form, shall be dated the date
of its delivery to the Bank and shall be numbered R-1. The Bond shall bear
interest at the rate of 3.99% per year, calculated on the basis of a 360-day
year of twelve 30 day months, payable semi-annually, and principal of the
Bond shall be payable annually, on dates determined by County
Administrator to be in the best interest of the County. The Bond shall be
sold to the Bank at a price of 100% of the principal amount thereof. The
Bond shall mature no later than December 31, 2029, such date to be
determined by the County Administrator to be in the best interest of the
County.
If the date on which any payment is due with respect to the Bond is
not a Business Day (as hereinafter defined), the payment shall be made on
the next succeeding Business Day. ?Business Day? shall mean a day on
which banking business is transacted, but not including a Saturday, Sunday
or legal holiday, or any other day on which banking institutions are
authorized by law to close in the Commonwealth of Virginia.
Principal and interest shall be payable by the Registrar (as hereinafter
defined) by check or draft mailed to the registered owner at the address as it
appears on the registration books kept by the Registrar on the last Business
Day of the month proceeding each interest payment date; provided,
however, that at the request of the registered owner of the Bond, payment
will be made by wire transfer pursuant to the most recent wire instructions
received by the Registrar from such registered owner. Principal and interest
shall be payable in lawful money of the United States of America.
4. Prepayment Provisions. The Bond is subject to prepayment
prior to maturity at the option of the County in whole on any scheduled
payment date, at a prepayment price equal to 101% of the principal amount
of the Bond to be prepaid, together with any interest accrued and unpaid to
the prepayment date.
5. Execution and Bond Form. The Bond shall be signed by the
manual signature of the Chairman or Vice-Chairman of the Board, shall be
countersigned by the manual signature of the Clerk or Deputy Clerk of the
Board, and the Board?s seal shall be affixed thereto. The Bond shall be in
substantially the form of Exhibit B attached hereto, with such completions,
omissions, insertions and changes not inconsistent with this Resolution as
may be approved by the officers signing the Bond, whose approval shall be
evidenced conclusively by the execution and deliver of the Bond.
6. Pledge of Full Faith and Credit. The full faith and credit of the
County are irrevocably pledged for the payment of principal of and interest
22
on the Bond. Unless other funds are lawfully available and appropriated for
timely payment of the Bond, the Board shall levy and collect an annual ad
valorem tax, over and above all other taxes authorized or limited by law and
without limitation as to rate or amount, on all locally taxable property in the
County sufficient to pay when due the principal of and interest on the Bond.
7. Registration, Transfer and Owner of the Bond. The County
Treasurer is appointed paying agent and registrar for the Bond (the
?Registrar?). The County may, in its sole discretion, at any time appoint a
qualified bank or trust company as successor paying agent and registrar of
the Bond. The Registrar shall maintain registration books for the
registration and registration of transfers of Bond. Upon presentation and
surrender of the Bond at the corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his duly
authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute and deliver in
exchange, a new Bond or Bonds having an equal aggregate principal
amount, in authorized denominations, of the same form and maturity,
bearing interest at the same rate, and registered in names as requested by the
then registered owner or his duly authorized attorney or legal representative.
Any such exchange shall be at the expense of the County, except that the
Registrar may charge the person requesting such exchange the amount of
any tax or other governmental charge required to be paid with respect
thereto.
The Registrar shall treat the registered owner as the person exclusively
entitled to payment of principal and interest and the exercise of all other
rights and powers of the owner, except that interest payments shall be made
to the person shown as owner on the registration books on the last Business
Day of the month preceding each payment date.
8. Preparation and Delivery of Bond. The Chairman or Vice
Chairman and the Clerk or Deputy Clerk of the Board are authorized and
directed to take all proper steps to have the Bond prepared and executed in
accordance with its terms and to deliver the Bond to the Bank upon payment
of the purchase price thereof.
9. Arbitrage Covenants. The County covenants that it shall not
take or omit to take any action the taking or omission of which will cause
the Bond to be an ?arbitrage bond? within the meaning of Section 148 of the
Internal Revenue Code of 1986, as amended, and regulations issued
pursuant thereto (the ?Code?), or otherwise cause interest on the Bond to be
includable in the gross income of the registered owners there of under
existing law. Without limiting the generality of the foregoing, the County
shall comply with any provision of law which may require the County at any
time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bond, unless the County receives an
opinion of nationally recognized bond counsel that such compliance is not
23
required to prevent interest on the Bond from being includable in the gross
income of the registered owners thereof under existing law. The County
shall pay any such required rebate from its legally available funds.
10. Non-Arbitrage Certificate and Elections. Such officers of the
County as may be requested are authorized and directed to execute an
appropriate certificate setting forth the expected use and investment of the
proceeds of the Bond in order to show that such expected use and
investment will not violate the provisions of Section 148 of the Code, and
any elections such officers deem desirable regarding rebate of earnings to
the United States for purposes of complying with Section 148 of the Code.
Such certificate and elections shall be in such form as may be requested by
bond counsel for the County.
11. Limitation on Private Use. The County covenants that it shall
not permit the proceeds of the Bond or the facilities financed with the
proceeds of the Bond to be used in any manner that would result in (a) 5%
or more of such proceeds or the facilities financed with such proceeds being
used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds or the facilities financed with such proceeds being
used with respect to any output facility (other than a facility for the
furnishing of water), within the meaning of Section 141(b)(4) of the Code,
or (c) 5% or more of such proceeds being used directly or indirectly to make
or finance loans to any persons other than a governmental unit, as provided
in Section 141(c) of the Code; provided, however, that if the County
receives an opinion of nationally recognized bond counsel that any such
covenants need not be complied with to prevent the interest on the Bond
from being includable in the gross income for federal income tax purposes
of the registered owners thereof under existing law, the County need not
comply with such covenants.
12. Other Actions. All other actions of officers of the County in
conformity with the purposes and intent of this Resolution and in
furtherance of the issuance and sale of the Bond are approved and
confirmed. The officers of the County are authorized and directed to
execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection
with the issuance, sale and delivery of the Bond.
13. Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are repealed.
14. Filing of Resolution. The Clerk of the Board, in collaboration
with the County Attorney, is authorized and directed to see to the immediate
filing of a certified copy of this Resolution in the Circuit Court of Isle of
Wight County.
24
15. Effective Date. This Resolution shall take effect immediately.
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:
An Ordinance to Amend and Reenact Appendix C. Purchase of
Agricultural Conservation Easement Program. Section C-9.
Agricultural Conservation Easement Terms and Conditions.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Ms. Chieppa advised that the Purchase of Agricultural Conservation
Easement Program Committee recommends a change be made to allow for a
floating right at that time pursuant to the zoning, which would represent a
time and cost savings administratively.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
ANORDINANCETOAMENDANDREENACT
APPENDIXC.PURCHASEOFAGRICULTURAL
CONSERVATIONEASEMENTPROGRAM.
SECTIONC-9.AGRICULTURALCONSERVATIONEASEMENTTERMS
ANDCONDITIONS
WHEREAS, on May 19, 2005, the Isle of Wight County Board of
Supervisors enacted Appendix C to the Isle of Wight County Code as
provided for under the Open Space Land Act of Virginia; and
WHEREAS, the Purchase of Agricultural Conservation Easement
Committee has recommended to the Isle of Wight County Board of
Supervisors that a minor amendment to Appendix C be enacted for the
benefit of this important program.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Appendix C. Purchase of Agricultural
25
Conservation Easement Program. Section C-9. Agricultural Conservation
Easement Terms and Conditions of the Isle Wight County Code be amended
and reenacted as follows:
Sec. C-9. Agricultural conservation easement terms and conditions.
Each agricultural conservation easement shall conform to the
requirements of the Open-Space Land Act of 1966 (Virginia Code § 10.1-
1700 et seq.) and this chapter. The deed of an agricultural easement shall be
in a form approved by the County Attorney, and shall contain, at a
minimum, the following provisions:
(a) Restriction on new dwellings. No new dwellings may be
constructed on a parcel except as provided hereafter; the deed of easement
may allow one new dwelling per 100 acres, with the dwelling location
specified by plat on or before the agricultural conservation easement is
established. The dwellings shall comply with the current zoning ordinance
then in effect, or the terms and conditions contained in the agricultural
conservation easement, whichever is more restrictive.
(b) Agricultural conservation easement duration. An agricultural
conservation easement acquired under the terms of this chapter shall be
perpetual.
(c) Other restrictions. In addition to the foregoing, the parcel shall
be subject to standard restrictions contained in agricultural conservation
easements pertaining to uses and activities allowed on the parcel. These
restrictions shall be delineated in the deed of easement and shall include
provision for monitoring by the County.
(d) Designation of agricultural easement holders. The County shall
be the easement holder, and if designated by the Board, and with the
landowner?s consent which shall not be unreasonably withheld one or more
other public bodies, as defined in Virginia Code Section 10.1-1700, or one
or more organizations then qualifying as an eligible donee as defined by
Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, shall
also be an easement holder.
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:
An Ordinance to Amend and Reenact Chapter 10. Licenses. Article II.
License Tax Schedule. Section 10-9. License Tax Schedule.
26
Interim County Attorney Burton certified that the matter had been
properly advertised.
Gerald H. Gwaltney, Commissioner of the Revenue, advised that the
amendment includes the addition under (a)6 ?for each retail on-premises
wine and beer license? under Sec. 10-9. Alcoholic Beverage.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND AND REENACT
ISLE OF WIGHT COUNTY CODE
?CHAPTER 10. LICENSES.
ARTICLE II. LICENSE TAX SCHEDULE.
SECTION 10-9. LICENSE TAX SCHEDULE.?
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of Isle of Wight County, Virginia, that Chapter 10, Licenses,
Article II, License Tax Schedule, Section 10-9, License Tax Schedule, be
amended and reenacted to read as follows:
Sec. 10-9. Alcoholic beverages.
(a) Every person engaged in selling or dispensing alcoholic
beverages shall pay the following license taxes:
(1) For each retail mixed alcoholic beverage license? 100.00
(2) For each retail on-premises beer license? 20.00
(3) For each retail off-premises beer license? 20.00
(4) For each retail off-premises wine and beer license 37.50
(5) For each retail on- and off-premises wine and beer license 75.00
(6) For each retail on-premises wine and beer license? 37.50
(b) No license shall be issued under this section to any person,
unless such person shall hold, or shall secure simultaneously therewith, the
proper state license required by state law, which state license shall be
exhibited to the commissioner of revenue.
27
(c) Each license issued under this section shall be in lieu of a
merchant?s or restaurant?s license on that portion of the business of the
licensee covered thereby, but no such license shall relieve any licensee of
any other county license required by this chapter or any other ordinance.
(d) No license required under this section shall be transferable from
one person to another, but may be amended to show a change in the place of
business within the county. (4-21-88, § 18; 2-21-08.)
The motion was adopted by a vote of (4-0) with Supervisors Brown,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Bradshaw absent for the vote.
Chairman Clark called for a public hearing on the following:
FY 2009-13 Capital Improvements Plan (CIP).
Interim County Attorney Burton certified that the matter had been
properly advertised.
Ms. DeVary presented the FY2009-13 Capital Improvements Plan for
the Board?s discussion and consideration.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed CIP.
Richard L. Turner, 1301 High Point Drive, Portsmouth, spoke in favor
of the Red Cross? request for financial support from the County.
Jack York, 10297 Stallings Creek Drive, requested that the Board
favorably consider the Red Cross? funding request.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board adopt the following CIP,
as amended, to include the reductions of ?year one? capital expenditures as
follows:
Capital Project Proposed CIP Proposed Budget Reduction
Reserve for $150,000 $75,000 $75,000
Windsor
Community Center
CDBG Program $50,000 0 $50,000
Reserves
Rt. 460 Land $2,000,000 0 $2,000,000
Acquisition
NDSD Park ? Land $750,000 0 $750,000
Acquisition
Old Jail Restoration $200,000 $0 $200,000
28
? Exterior
Land Preservation $250,000 0 $250,000
Total $3,400,000 $75,000 $3,325,000
Funds, in the amount of $1,340,000, for a storage facility for use
by the museum and general services have been removed since it
has been determined that a rental alternative is more cost
efficient for the museum artifacts. The County?s general storage
needs will be addressed in next year?s CIP process.
The total 5 year CIP, as amended, is $148,192,907 versus the
proposed plan of $152,857,907.
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 Resolution of the Planning Commission of Isle of Wight County
Virginia to recommend amendment to the Comprehensive Plan,
through the addition of the proposed Isle of Wight County, Virginia
Master Water and Sewer Plan prepared by R. Stuart Royer &
Associates, Inc.
Interim County Attorney Burton certified that the matter had been
properly advertised.
E. Wayne Rountree, P.E., Director of General Services, advised that
the Planning Commission?s suggested changes have been incorporated in
the form of an errata sheet and the Planning Commission recommends
approval to the Board.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Resolution.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright advised that the Town of Windsor had not received
the information in a timely manner and was, therefore, not able to comment.
Supervisor Wright moved that the Board table the Master Water and
Sewer Plan until the Board?s May 1, 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
29
against the motion.
Chairman Clark called for a public hearing on the following:
The application of Assem M. Amin, owner, and Troy Marine, LLC,
applicant, for a Conditional Use Permit to allow recreational vehicle
(marine) sales and service on 2 acres land located on the north side of
Carrollton Boulevard (Rt. 17) west of Merritt Cove (Rt. 1909) in the
Newport Election District.
Interim County Attorney Burton certified that the matter had been
properly advertised.
Ms. Walkup advised that the Planning Commission had held a public
hearing on the application and recommended approval to the Board with the
stipulation that prior to consideration by the Board that the applicant proffer
the hours of operation. She advised that the applicant has presented hours of
operation through his attorney, which are recommended as a condition.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed application.
William Riddick, Attorney representing the applicant, recalled that the
Planning Commission and the Board had previously approved a site plan for
a strip shopping center at this location which has never come to fruition. He
advised that the applicants are being dislocated from their existing business
on Route 17 in Portsmouth so that the railroad can come through in
connection with the expansion of the port. He advised that the applicants
have proffered the hours of operation and met with the adjoining property
owners regarding their concerns. He advised that the proposed business will
employ eight (8) employees and be an asset to the County. He advised that
the applicants are under a time constraint to move and are requesting
favorable consideration of the Conditional Use Permit, as well as approval of
a waiver to permit administrative approval of the site plan.
Richard L. Turner, 1301 High Point Drive, Portsmouth, spoke in favor
of the application stating that the applicants are good business people who
look after their customers.
Ron Pack, 508 Jordan Avenue, spoke in favor of the application
stating the need for a boat repair business in the County. He further stated
that the applicants are good people who do good work and stand by their
word.
Chrystal Bashline, A Stitch Above, South Church Street, spoke in
favor of the application noting that there is no other boat servicing business
in the area. She stated that this business will be an asset to the community
and bring in additional tax dollars to the County.
30
Buddy Eure, owner of an office building located at 15154 Carrollton
Boulevard, spoke in favor of the application. He stated that he has known
the applicants for a number of years and found them to be honest, hard-
working individuals.
Angela Shields, applicant, stated that she and her husband have been
at her current business facility since 1999 and are being forced to relocate
due to the expansion of the port. She stated that the County does not
currently have a marine facility and, as a result, boats broken down can sit
for extended periods of time at local marinas. She stated that her business
does $2,000,000 annually and her and her husband hope to move to the
County in the future in order to be closer to their business. She asked that
the Board favorably approve her application.
Dan Grey, One Merit Cove, stated that he is the adjacent property
owner and the applicants have been very cooperative and answered all their
questions. He stated that he is hoping that it will still be dark when he
retires each night, but he believes that approval of this application will be
good for the County.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark requested landscaping along the outside of the fence.
Supervisor Bradshaw inquired where parking will be allowed.
Ms. Walkup advised that the site is located within the Newport
Development Overlay District which allows parking along the side or rear.
She further advised that the display area is also allowed on the side and rear.
She noted that staff makes the distinction between the display and parking
area and that the display area of the subject application is located along the
front of Route 17.
Supervisor Bradshaw commented that if the display is located along
the front of Route 17, then that property is not in compliance with the
Highway Corridor Overlay District and the applicants must apply for an
exception to the Highway Corridor Overlay District. He noted that the
Board has adhered strictly to the Highway Corridor Overlay District in the
past and required exceptions. He mentioned certain businesses in the Route
58 Corridor have been negatively impacted as a result of being in the
Highway Corridor Overlay District and it is imperative that the Board treat
all businesses equally and that they are all impacted in the same fashion.
Ms. Walkup commented that the County?s Ordinance is not clear as to
the distinction between parking area and display area or vehicular movement
areas. She stated that displaying on the front side of the Corridor is also not
31
specifically addressed in the Newport Development Overlay District. She
stated that a display area could be viewed as being a vehicular movement
area or a part of a parking lot, but technically it is a part of a business. She
stated that consistency is the key and if the County is going to be business
friendly to these types of businesses, then their display areas are critical.
Supervisor Bradshaw commented that signage and advertising of a
business is restricted and if boats are not vehicles, then they are part of their
advertisement. He reminded the Board that it previously did not allow an
antique truck to sit on the road because it was advertisement.
Ms. Walkup pointed out that the antique truck had signage on it and it
could have been displayed without the sign.
Supervisor Bradshaw noted the need to be business friendly. He
stated that there are projects in the southern portion of the County that have
been approved for up to two (2) years; however, the building is not built yet
because the site is located in the Highway Corridor Overlay District. He
advised that another business that wishes to expand is currently being
delayed because the County is not business friendly. He stated that the same
approach should be used consistently and he does not want the businesses in
the southern portion of the County to be handled differently.
Ms. Walkup replied that staff is not treating businesses in the southern
end of the County differently as the situations have been different in those
instances.
Supervisor Bradshaw emphasized that he wanted staff to be business
friendly with respect to the businesses that he has previously discussed with
staff and he wants to see the projects built and the building constructed. He
stated that staff is holding up those businesses from being built. He stated
that Risinger Truck Transportation cleared a lot that had been an eyesore for
thirty (30) years; however, they have not been able to construct a building
because it is staff?s interpretation that they are in violation of the Highway
Corridor Overlay District.
Ms. Walkup responded that she assisted that particular business by
crafting an ordinance amendment.
Chairman Clark suggested that the Board further discuss Supervisor
Bradshaw?s concerns in detail at the Board?s next meeting.
Chairman Clark moved that staff advise the Board at its April 3, 2008
meeting about the particulars associated with the property located in the
Highway Corridor Overlay District in the southern end of the County with
respect to display on the front side of the Corridor. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
32
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Wright moved that the Board approve the application of
Assem M. Amin and Troy Marine, LLC and authorize the expedited
procedure to allow staff to approve the site plan. 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 advised Ms. Walkup that he would like to meet with
her before the site plan is approved to ensure that all of Mr. Grey?s concerns
are addressed.
Chairman Clark called for a public hearing on the following:
The application of W. C. Sawyer, owner, and Frank Parrish, applicant,
to amend the proffered conditions of the rezoning of Tax Map Parcel
34-17-001 (Carrollton Shoppes) to allow restaurant uses on
approximately 0.99 acres of land, which will be located at 15149-51
Carrollton Boulevard (Rt. 17), Carrollton, in the Newport Election
District.
Interim County Attorney Burton certified that the matter had been
properly advertised.
Ms. Walkup advised that the application has been reviewed and
approved by the Planning Commission with the stipulation that prior to
consideration by the Board that the applicant work with staff on a lighting
plan that meets the Ordinance and is compatible with the adjacent apartment
complex. She advised that since that time, staff has confirmed that the
lighting plan was approved on the previous site plan. She advised that the
application is to amend proffered conditions to allow a restaurant.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed application.
Richard Christian, 22348 Spring Crest Drive, spoke in favor of the
application stating that he is one (1) of the owners of a restaurant that will be
located there. He advised that 15-20 full and part-time jobs will be created
and that he anticipates generating $400,000-$500,000 the first year.
Chairman Clark closed the public hearing and called for comments by
the Board.
Chairman Clark moved that the Board approve the application of W.
C. Sawyer and Frank Parrish. The motion was adopted by a vote of (5-0)
33
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 Peter C. and Crystal H. Jackson, owners, for a
change in zoning classification of approximately 63.6 acres of the land
located to the north of Sandy Ridge Drive (Route 601) from Rural
Agricultural Conservation (RAC) to Conditional-Rural Residential (C-
RR), and the remaining 16.097 acres located to the south of Sandy
Ridge Drive (Route 601) from Rural Agricultural Conservation (RAC)
to Conditional-Rural Agricultural Conservation (C-RAC). The entire
property is located at the intersection of Sandy Ridge Drive (Route
601) and Longview Drive (Route 602) in the Windsor Election
District. The purpose of the application is to develop a cluster
residential subdivision.
Interim County Attorney Burton certified that the matter had been
properly advertised.
Ms. Walkup advised that the application has been reviewed and
approved by the Planning Commission subject to the applicant revising the
proffers dated February 25, 2008 to add a proffer limiting the trail system to
pedestrians, horses and bicycles. She advised that the applicant has
submitted amended proffers to add that condition.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed application.
Attorney Riddick, representing the applicant, stated that this property
lends itself most appropriately for the cluster development because there are
large areas of wetlands. He stated that the applicant has proffered to pay
proffers in the amount of $11,189; restricted covenants will not allow single
or double-wide mobile homes, campers, recreational vehicles, motor homes
or any of the like for temporary or permanent residence; there will be a
minimum square footage of 2,000 square feet for a single-story home and
2,400 square feet with 1,800 minimum on the first floor for a two-story
home; and, there would be review by the Historical Architectural Review
Committee. He stated that the applicant has submitted revised proffers for a
trail system that would be restricted for use by pedestrians, bicycles and
horses. He stated that the property is rural in nature with a great deal of
rental property in the area. He stated that the applicant has agreed to place a
100 foot buffer between the edge of lot #5 and Mr. Black?s property line.
He stated that the applicants were not aware of any opposition until the
Planning Commission meeting. He stated that since that time, he has also
received a copy of correspondence that was sent to the Board stating that it
was not an innovative design and noting concerns with wetlands. He stated
it was due to those very factors that the applicant designed the property the
34
way it is designed. He stated it would have been much cheaper and easier to
have placed all lots up front and leave open space at the rear; however, the
property does not lend itself to that and the applicant has had to be
innovative. He stated that the requested use of the property is appropriate
for the area and consistent with the County?s Comprehensive Plan. He
stated that the concern is that this development is going to change the
character of the neighborhood, but he believes that the Ordinance suggests
that it will not because it requires an interior street and the homes will be
located on a cul-de-sac and not front on public roads. He stated that the
applicants had met with staff on numerous occasions in an effort to make
this application comply and meet the spirit of the County?s Ordinance. He
stated that the Planning Commission has approved the application and he
requested that the Board also support it. He noted that people do not like
change, but this type of development is permitted by the County?s
Ordinance. He stated it will be a low impact development and the number
of traffic trips generated will be minimal. He requested an opportunity to
address any concerns raised at the end of the public hearing.
Pat Clark of Twin Hill Lane noted that the applicant has met all the
requirements of the Comprehensive Plan. He stated this is a rural area and
the proposed number of homes should not make an impact at the
intersection of Longview and Sandy Ridge Drive, but the road is narrow and
would create a problem for emergency vehicles on the single-lane bridge.
He stated the same application being considered in the Newport District
would take away the rural character of the area because there is very little
RAC zoning left in that area.
Tommy Griffin, 10985 Winding Trail in Suffolk, advised that he is
representing the adjoining property owned by the Griffin family. He
distributed pictures of Sandy Ridge Drive depicting the existing poor grade
of pavement. He stated that he had sent a letter to the Board previously
addressing each of his concerns. He stated that his primary concern is that
the proposed development adjoins an agricultural district. He stated that
there is very poor road access and dump trucks from three (3) sandpits
operating in that area have damaged the roadway, which has no shoulder.
He noted any additional traffic on the gravel road will create more dust and
erosion. He stated that the development at the end of that road is a large
parcel of land that was divided and continues to be divided with family land
transfers. He stated that the soil on this property has high seasonal water
tables and the property is flat with poor drainage. He stated that there is
only one (1) ditch on the sixteen (16) acre parcel and the only way that the
property could be drained is if an easement were to be obtained from another
property. He stated he was told that the previous owner sold the land
because it would not perk and he does not think the land will perk without
using above-ground septic systems. He stated that he did not think the
trailers would be available for people to use all year long without hauling in
and changing the nature of the land because of the high water table. He
stated that the location is not near emergency services or schools and he
35
disagrees with the projected amount of revenue that is proposed. He asked
why the Board wants to throw taxpayers? money away on a poorly selected
piece of property that will constantly have drainage and septic issues. He
stated the Planning Commission minutes state that there are 2,500 available
lots in the Newport District that have been approved, but not sold and why
would the Board want to increase the County?s inventory.
Mike Griffin of Longview Drive stated that the last traffic census had
been conducted in 2006 and there are now three (3) additional sandpits;
increased traffic; and, the roads are in poor condition. He advised that area
floods even after a two-inch rain. He stated that his family has lived in this
area for many years and they do not want to see any development. He stated
that he would not be opposed to the applicant building a home for himself,
but he does oppose a development.
Graham Shearin, 20459 Longview Drive, stated that he had written a
letter of opposition. He stated that the proposed subdivision would be the
first subdivision in that area and he did not want to see the Board set a
precedent by changing the RAC zoning. He stated Sandy Ridge Road use to
be a gravel dirt road that was maintained by VDOT and paved with less than
twenty (20) feet of width in some places causing school buses to have a
difficult time. He stated that the drainage is the biggest issue as this
property sits below all surrounding properties. He stated that he did not
know if the Health Department had approved the use of a septic system, but
the County could end up with another Lawnes Creek. He stated that he did
not feel the design was creative and the applicant was not giving up
anything for the cluster approach.
Bruce Kirk, 815 Kirk Road in Suffolk and adjacent land owner, spoke
in opposition stating that Mr. Griffin has adequately addressed all of his
concerns with the property. He stated the proposed development is more
suited for a service area.
Daniel Griffin, 18038 Sandy Ridge Drive, spoke in opposition stating
that he agreed with everything said by Mr. Griffin. He stated rain resulting
in several inches causes a backup of water in his yard and the two (2)
properties located directly across from his house. He stated his main
concern is where the water will go because there is no where for it to go
except into his yard.
Rusty Oleash, 5381 Whipping Farm in Virginia Beach, noted that he
is representing the fifty-three (53) active members of Roger?s Deer Club that
have leased the property across from Longview Drive for over the last fifty
(50) years. He expressed concern with the narrowness of the roads;
flooding; and, the rural surrounding area. He stated that his dogs run loose
every Saturday beginning with the third week of November until the first
week of January. He stated there are also turkey hunts in the spring. He
stated when hunting season is not in, this area is a quiet and rural, but any
36
proposed land buyers might purchase the property not realizing that there
are many hunting clubs that use this area.
Jim Furman, 18063 Sandy Ridge Road, expressed concern with
flooding in that area and how it might affect septic tanks and his well. He
stated that he was hoping to hunt beside the area that is being proposed for a
walking area. He stated there is a lot of gun fire in that area which might
disturb new homeowners. He stated that he also did not know this
subdivision was being proposed when he purchased his property last fall.
He stated he was concerned how $700,000 homes will affect his property
value and whether or not he will be able to afford to remain in that area.
Thomas Griffin, Jr., 12187 Old Suffolk Road, stated that growth in
this area will take away from the aspect of life that his family has enjoyed
while farming over the last seventy (70) years. He stated to build homes
around a wet area will adversely affect what is already there. He stated that
he does not need new trails as he can use the existing ones. He stated that
the proposed property is low and road conditions are also poor on that side.
He stated drainage conditions are very poor and he does hunt on all sides of
the proposed property. He stated that traffic is also a concern as that
intersection is busy from 5:00 a.m. until 5:00 p.m. He stated cheaper and
easier never fits the bill, never gets it done properly and does not need to be
in this area. He stated that a cul-de-sac is going to create a cluster of
vehicles traveling in and out of that property and it will take away from the
beauty of that area. He stated that many members of his family reside in
that area who embrace that land as theirs and adding those homes to that
area will take away from what they have had for so many years.
Leslie Griffin, 20596 Longview Drive, stated that she and her husband
are very passionate about raising their children in a rural community. She
stated that the proposed subdivision would set the stage for more
subdivisions. She advised that there have been ten (10) wrecks at the curve
near her home over the last four (4) years and it normally takes EMS ten
(10) minutes to arrive on scene. She stated there has been increased traffic
since she moved there and increased EMS is needed. She noted that each
household equates to two (2) more children attending to an already crowded
Isle of Wight County school system.
Attorney Riddick stated that all of the concerns noted above have been
addressed by the many studies required under the County?s Ordinance. He
stated that the applicant has endeavored to do exactly what is expected by
the Planning Commission and the Board. He stated that engineering
standards require that a development can not be created that impacts other
people negatively with respect to drainage. He stated that he recognizes that
these people are passionate about where they live, but if everything they said
was true, why would anyone want to live there. He stated what they really
mean is that they want the area to remain as it is, but there are other people
who want to enjoy a rural lifestyle, too. He stated that there is a reasonable
37
expectation that a property owner should be able to do something with his
property if all the things that are requested and required by the County are
accomplished and the property owner is able to demonstrate that he has met
all the criteria and addressed all the areas of concern. He stated that he
believes that the applicant has exceeded those standards. He stated if this
application is not something that the Planning Commission and the Board
thinks is appropriate, then he would urge the County to change its
ordinances because as they are currently written, there is no signal from
anybody that something like this is not an appropriate use of property. He
added that the process is expensive and he believes that Mr. Jackson has
acted in good faith and met the standards required in the County?s
ordinance.
Chairman Clark closed the public hearing and called for comments by
the Board.
Supervisor Casteen made a motion that the Board table the application
for a period of thirty (30) days to allow the Board an opportunity to revisit
the application and then he withdrew his motion.
Supervisor Bradshaw commented that the physical impact analysis
illustrates that the subdivision is going to cost the County. He noted that the
data contained in the analysis is also incorrect as it lists the tax rate at $.53
instead of the $.52. He stated that the revenue side of the analysis is
significantly overstated and it appears that the consultant used the County?s
budget to prepare the analysis. He stated that the expenditure side of the
analysis does not include anything for public works, which includes trash
disposal and since it is not proffered, he assumes that the residents will have
their own trash pick-up. He stated there are no expenditures listed for
Health and Welfare; Social Services; and, recreation and culture. He stated
monitoring will be involved with the Chesapeake Bay Preservation Area
Ordinance. He stated that the analysis is already showing a loss and his
guess is the loss is only a fraction of what it will cost the County in reality.
He stated that the project, as proposed, will be an extreme financial burden
to the County.
Amy Ring, Assistant Director of Planning and Zoning, advised that
the applicant is fully aware that before he can receive preliminary plat
review, he has to prove that he has provided on-sight septic systems.
Supervisor Bradshaw inquired if staff had sent the application to the
Chesapeake Bay Local Assistance Department for comments.
Ms. Ring responded that the County?s Environmental Planner
reviewed the site because based on the Army Corps of Engineers delineation
and the County?s mapping, there were no RPA features evident.
38
Ms. Walkup stated that the Chesapeake Bay Preservation Area
Ordinance requires a primary and reserve site on each parcel to comply with
the Chesapeake Bay regulations. She stated that staff does not typically
send applications for comment on septic issues to the Department of
Chesapeake Bay Local Assistance Department.
Supervisor Bradshaw commented that the water table is high in that
area and concern was expressed tonight with the possibility of a well being
impacted. He stated that based on his knowledge of drain fields, the
applicant will have to have longer field lines in order to address the
filtration, which will impact the water table. He inquired if staff had
reviewed storm water runoff issues.
Ms. Walkup responded that following approval of a rezoning
application, construction plans are submitted by the applicant, which is the
time that staff would become involved in the drainage aspect.
Supervisor Bradshaw stated that the Board needs to ensure that this
development will not negatively impact other property owners. He stated
that the Board is already aware of the water problem due to the high water
table in that area and that it already floods during small amounts of rainfall
which, in turn, impacts the entire area. He stated that the building of a road
will have runoff and will cause increased flooding.
Ms. Ring responded that if the site plan is properly engineered, the
property can be graded and filled.
Supervisor Brown noted that a soil evaluation was done in May 2006
in which nine (9) sites were cited as suitable for systems producing
advanced secondary effluent for four (4) bedroom single-family homes.
Supervisor Bradshaw inquired who would own the road that is going
to be built leading into the cul-de-sac.
Ms. Walkup responded that the road would have to be built to VDOT
standards and it would be State maintained.
Supervisor Bradshaw commented that there is a possibility that the
County may end up owning the road because it may not be completely built
out before the proposed moratorium is set by the General Assembly at its
next session.
Ms. Walkup responded that the road could be private.
Supervisor Bradshaw noted that the road has not been conditioned at
this time.
39
Supervisor Bradshaw inquired who would be responsible for
maintenance of the trails.
Ms. Walkup responded that maintenance of the trails would be the
responsibility of the Home Owners? Association.
Ms. Ring advised that the applicant has proffered that it would own
and maintain the trails.
Ms. Walkup advised that the County?s Ordinance requires that the
applicant would be responsible for maintenance for cluster subdivision.
Supervisor Bradshaw inquired if the statement posed by Malcolm
Clark under Citizens? Comments with respect to RAC zoning should be a
concern.
Ms. Walkup responded that in the Zoning Ordinance, outside of the
Development Service Districts, there is only one (1) residential zoning
classification that can be applied, which is rural residential. She stated that
she was not certain what the question was in terms of what can be applied
inside the Newport Development Service District because it would not be
applicable. She advised that the proposed development would not qualify
for the by-right cluster option because the minimum threshold is 100 acres.
Chairman Clark stated that he could not come up with a reason that
fits the category for denial. He stated if the Board is going to be consistent,
it is going to have to require fiscal impact analysis every time the Board
approves a rezoning or approves a farmer dividing his property because the
same factors apply to every rezoning request.
Supervisor Bradshaw responded that the fiscal impact analysis,
transportation and environmental concerns are all reasons by the State for
turning down a rezoning request.
Supervisor Clark agreed that as long as the Board is going to be
consistent and not going to approve any more rezoning requests, to include
when farmers make a request to divide their property.
Supervisor Wright commented that it is narrow mindedness on the
part of an individual who thinks that he can build or buy a home in the
County, but wants to close the door to others who also want to locate in the
County.
Supervisor Wright moved that the Board deny the application of Peter
C. and Crystal H. Jackson because of the negative fiscal impact analysis; the
negative impacts on the transportation system associated with the eighty
(80) trips per day that will be generated; negative storm water impact and
environmental impacts due to individual septic systems; and, the lack of
40
emergency services access. 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 noSupervisors 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 to return to the General Services report
section 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 noSupervisors voting against the motion.
//
Kristin M. Mazur, County Engineer, discussed the Joel C. Bradshaw
Fairgrounds construction project progress to date. She advised that the
construction project began in July 2007 with a scope of work that includes
developing and implementing drainage improvements; providing storage in
the form of a new pole barn; creating ten (10) raised pads; and, creating
pedestrian paths to direct traffic towards the attractions. She advised that
the existing outside gravel road has been paved. She advised that 80% of
the work has been completed; $1.185 million has been expended; the
contract amount is $2.5 million; and, the total budget is $2.7 million. She
advised that certain areas have been excavated in order to raise the elevation
and begin the drainage improvements. She advised that drop inlets have
been installed; the rough grading has been completed; the pads located
inside the horse arena have been constructed; and, the grading for the pole
barn has been completed. She stated that the electrical work is underway
and fine grading should be complete by the end of this month. She stated
that ditch cleaning will be complete; excavation throughout the Fairgrounds
will occur; the fencing will be installed; the concrete pad for the
amphitheatre will be poured; the light poles and signs will be installed; and,
sprigging will be done towards the middle of May or beginning of June
2008, which will require irrigation. She stated that the most cost effective
type of irrigation is underground with heavy duty sprinkler heads. She
advised that drainage problems will be alleviated by grading, storm pipes
and drop inlets. She stated that staff will guarantee that the grass will be in
great condition for the upcoming Fair; however, it is imperative that
irrigation be provided.
Supervisor Bradshaw notified Ms. Mazur that the ditches do not
appear to be draining properly on the back side of the property.
41
Ms. Mazur responded that following a heavy intensity rainfall, there
should be water in the ditches that will eventually flow out to low-lying
areas.
Supervisor Bradshaw inquired when the drainage work is going to be
complete.
Ms. Mazur replied at the end of the project in July 2008. She advised
that she had visited the site following a heavy and intense rainfall before
there was vegetation and she is comfortable that this site has been greatly
improved and doing what it is engineered to do. She advised that the water
is ponding where it should be, which is on top of the drop inlets that are
covered.
Ms. Mazur presented a request for approval of Change Order #2 with
respect to the Joel C. Bradshaw Fairgrounds project at Heritage Park for an
irrigation system.
Mr. Rountree explained that the initial irrigation method was above-
ground portable units, which is extremely labor intensive. He stated that
when the financial analysis was completed, staff found that the permanent
in-ground irrigation system was about the same cost. He advised that it is
imperative that the entire site remains soaked when the first sprigging is
spread; otherwise, the sprigs will die.
Ms. Mazur advised that the same contractor that will be installing the
irrigation will also be providing the sprigs and he will guarantee grass
establishment with his irrigation system.
Supervisor Wright moved that the Board approve Change Order #2 in
the amount of $144,220. 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.
Mr. Small presented a summary of the expenditures to date with
respect to the Isle of Wight County Museum reconstruction. He stated the
net cost to the County to date is $229,000; there are pending insurance
claims totaling approximately $80,000; and, staff has recovered $185,000.
He stated that staff has clear direction from the Board that it wants the
minimal done necessary with the minimal amount of expenditure so that the
Museum can be reopened as quickly as possible. He stated staff intends to
replace the mechanical and electrical systems that were destroyed and do
whatever repair work is necessary throughout the remainder of the building
42
to the existing duct work and electrical wiring on those parts of the system
that need replacing.
Supervisor Wright stated it is wiser to address all items simultaneously
rather than piece meal a project just in order to get it back open to the
public; otherwise, in another two (2) year?s time, the Museum will have to
be shut down again and it will only cost more to redo the project.
Supervisor Casteen advised that he had met with Mr. Small, Ms.
Edwards and other individuals interested in the Museum. He stated to the
best of his knowledge, the path that staff is taking now will get the museum
opened in a timely manner while meeting the needs of the Foundation
members.
Ms. Edwards, President, Museum Foundation Board, stated that the
Foundation Board?s main concern is that the electrical wiring be replaced,
which is outdated.
Chairman Clark inquired if Ms. Edwards was satisfied with items
being cut from the Museum project in an effort to get the Museum open
faster.
Ms. Edwards replied ?yes.?
Chairman Clark requested that Supervisor Casteen act as a liaison
between the Board and the Museum Foundation Board.
Mr. Small advised that power to the Museum has been upgraded to
400 amp, three (3) phase. He asked the Board to be conscious that this is a
two (2) phase project and that the electrical and mechanical projects are
being done at this time in order to get the Museum opened, but that staff
would be returning to the Board with respect to the remodel of the basement.
Supervisor Wright reiterated that doing just the electrical and
mechanical upgrades to the Museum at this time is just doing piece-meal
work. He stated that he would prefer to wait and have all the repairs made
so that the County will have a Museum that it can be proud of.
Supervisor Casteen stated that the first piece of work is being done to
keep it segregated and get it moving quickly. He advised that a plan for
addressing the basement has been developed that will be forthcoming very
shortly. He stated the goal is not to hold up the critical part with this
secondary piece that will address the basement and that will be relatively
simple. He advised that Ms. Edwards has agreed that painting is not
necessary. He stated that the work proposed is being done in order to get
the Museum open as quickly as possible without cutting corners.
43
Supervisor Wright advised Mr. Small that it may be wise to hire an
electrical engineer to ensure that the wiring is safe.
Mr. Small stated that an electrical engineer developed the initial
drawings for the entire building. He stated that at that time, it was assumed
that it would be a total rewiring; however, after speaking with a local
electrician and the electrical engineer, it was agreed that both of them were
qualified to go through the building and determine what needed to come out
and what could remain. He stated this is a cost effective approach and he
assured Supervisor Wright that no wires would be tied into something that
would not handle the voltage.
Lisa T. Perry, Director of Economic Development, stated pursuant to
previous notification from staff that the Chamber of Commerce would no
longer be managing the Olde Town Curb Market in Smithfield and approval
that the Board will continue to fund the Market in the amount of $5,000 as
in years? past, staff presented an operational plan for carrying forward the
Market. She advised that staff has applied for a grant to solicit up to
$75,000 from the USDA to assist staff in moving forward with the Market in
the future. She advised that staff is also prepared to solicit sponsorships to
assist the Market in moving forward this summer.
Supervisor Casteen moved that the Board approve the presented plan
for County staff continuation and operational responsibility for the
Smithfield Olde Town Curb Market. 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 advised that Arthur E. Berkley, Director of
Inspections, has provided him with information concerning the vacant
commercial building located in the Isle of Wight Industrial Park and the
property located at 15458 Cedar Grove Road and that he will continue to
monitor those sites.
Mr. Robertson stated with respect to providing the same level of
quality videotaping to viewers watching the Board meetings on the County?s
PEG channel, contained in the agenda is information pertaining to the minor
modifications that can be made to improve what is viewed by the public for
the Board?s consideration.
Supervisor Bradshaw moved that the Board authorize the videotaping
of Power Point presentations and that the funds be taken from the
contingency fund. 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.
44
Ms. Walkup commented that the Board had received a letter from
Messrs. Morgan and Turner requesting that the following application be
referred back to the Planning Commission:
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 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 above application be referred back to
the Planning Commission. 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.
Interim County Attorney Burton requested the Board take action
responsive to the letter received from Messrs. Morgan and Turner agreeing
to extend the time for the Board to take action on the rezoning request to
December 31, 2008.
Chairman Clark moved that the Board approve the request of Messrs.
Morgan and Turner to extend the amount of time that the Board has to
consider the rezoning request to December 31, 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.
Interim County Attorney Burton advised that Messrs. Morgan and
Turner are requesting that the following application be continued for four (4)
months:
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
45
the west side of Benns Church Boulevard (Route 10/32) north of
Muddy Cross Drive (Route 620) in the Windsor Election District.
Supervisor Bradshaw voiced strong opposition to a Wal-Mart facility
at that location.
Supervisor Brown moved that the Board continue the application of
Benns Church Properties, owner, and AH Benns Grant LLC until the
Board?s August 7, 2008 meeting. The motion was adopted by a vote of (3-
2) with Supervisors Brown, Clark and Wright voting in favor of the motion
and Supervisors Bradshaw and Casteen voting against the motion.
Interim County Attorney Burton advised that Messrs. Morgan and
Turner are requesting the Board to table the Guidelines for Community
Development Authorities for a period of four (4) months.
Chairman Clark moved that the Board table consideration of the
Guidelines for Community Development Authorities until the Board?s
August 7, 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.
Interim County Attorney Burton advised that Messrs. Morgan and
Turner are requesting that the Board table consideration of An Ordinance
Creating the Benns Grant Community Development Authority for a period
of four (4) months.
Chairman Clark moved that the Board table consideration of An
Ordinance Creating the Benns Grant Community Development Authority
until the Board?s August 7, 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.
Supervisor Bradshaw recognized that the school administration, the
Social Services Department and the Sheriff?s Office support the Early
Childhood Program and he recommended that the Board move forward with
this effort.
Supervisor Bradshaw moved that the County join the Early Childhood
Program as a regional participant with the City of Franklin and Southampton
County; that the County?s commitment this year will be $15,000; and, that
the County will participate and include in next year?s budget an amount of
$31,000. The funds are to be taken 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.
//
46
Chairman Clark called for New Business.
Chairman Clark moved that staff be directed to advise Mr. Fulghram
that the County has no land available at this time for the location of a
Southside Virginia Historical Library. 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.
With respect to the 2010 Census, Kari L. Sletten, Director of
Information Technology, advised that the information has been returned to
the census, resulting in an accurate census count.
Chairman Clark requested that Interim County Burton set up a
meeting with the Wetlands Board Chairman and himself regarding the
Board?s previous request to the Wetlands Board to comply with the Board?s
specific directives.
County Administrator Caskey offered to forward information on the
Relay for Life to the Employee Relations Committee for its comments and
recommendation.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.1 for discussion of a personnel matter pertaining to
the salary of a specific public official and MOU; pursuant to Section 2.2-
3711.A.1 for five (5) discussions of personnel matters pertaining to a
specific public official; and, pursuant to Section 2.2-3711.A.7 regarding
discussion with legal counsel regarding specific legal matters requiring the
provision of legal advice related to Benn?s Grant.
Supervisor Brown moved that the Board enter the Closed Meeting for
the reasons stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 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 Wright moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
47
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
Chairman Clark moved that the meeting time be extended past 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 noSupervisors voting against the motion.
Chairman Clark moved to continue the Clerk?s Office stipend as
discussed in the Closed Meeting and to amend the Memorandum of
Understanding as discussed in the Closed 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 noSupervisors voting
against the motion.
Chairman Clark moved to authorize the use of the UDA plans as
discussed in Closed Meeting under the terms discussed in the Closed
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 noSupervisors voting against the motion.
//
Supervisor Casteen requested that he be invited to attend all meetings
relative to the design of the Traffic Forecasting Model.
48
ueuzxi~tj~ `~Ix~i~ °Q uu~S
-~ G'-~
~xai~ `u~x S siii ~Cax~
P
°uoi~ouz aye ~sure~~ ~ui~on sxosrnxadnS ou
pug `uoi~ouz aq~ ~o xon~~ ui ~ui~on ~tl$rxM pug ~ni `xx~i~ `m~gsp~xg `umoxg
sxosinxadnS q}i^n (0-S) 3o aeon ~ ~iq pa~dop~ sum uoi~oux atjZ •~ui~aau~
ski uxnofp~ pxeog ati~ ~uci~ panouz umoxg xosinxadnS `'T~•d 0£~ i i ;~'
/0
•iapo~ ~ui~s~aaxo,~ a~~uxs ati~~o u~isap ay; o~ ani~~iax
s~ur~aau~ iiu pua~u o~ pa~inui aq aq ~~u~ pa~sanbax uaa~s~~ xosinxadnS
//
•uoi}our atj~ ~sutu~~ ~ui~on sxosinxadnS ou pug
uoi~ouz ati~ ~o xone~ ui 3ui~on ~tj$ixrn pug ~ix~i~ `uaa~s~~ `umoxg `m~tisp~xg
sxosinxadnS q~tm (p-s) ~o aeon ~ ~q pa;dope sem uoi~ou~ atjZ •~uiaaay~
pasoi~ atj~ ut passnastp suxxa~ ati~ xapun ~ui~aa~ pasoi~ ui passnasip
su sueid dQn aq~ ~o asn atj~ az~xoti~n~ o~ panouz ~Cx~i~ u~uzxier~~
•uoi~ouz
atj~ }sure~~ ~ui~on sxoslnxadnS ou pue uoa~ouz atj~ ~o xonu~ ui ~ut~on ~q~ixM
pug ~Ixui~ `uaa~su~ `umoxg `m~tisp~xg sxosinxadnS u}tm ({~-~} ~o aeon u ~Cq
pa~dop~ sum uo-~ou~ aqs, •~u-~aay~ pasoi~ atj~ ur passnastp s~ ~u~puu~sxapu jl
~o uznpu~xouzay~ atj~ puaure o~ pug ~ut~aay~ pasoi~ auk ur passnasip
su puadt~s a3~3O s`~xai~ atj~ anuF~uoa o~ panouz ~xei~ u~tuxiuti~
•uot~ouz ati; ~suie~~ ~ui~on sxos~nxadnS
ou pug uoiaouz ati~ ~o xone~ ui ~ui~on ~tl~ix~ pue ~Ix~i~ `uaa~se~ `u~moxg
`m~tjsp~xg sxosinxadnS trim (0-S)3o aeon ~ ,~q pa~dop~ sem uoi}ouz ayZ •ux•d
00~ i i used papuaaxa aq auzi~ ~ur~aauz ati$ ~~u~ panouz ~Ixui~ ueuxxiuu~
0 ~~JI\II.I.g~1i rJl\Li2TI1Q .LN~Sgd'
0 ~g.LO1~ JNRI(1Q .LN~[Sgb'