07-01-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIRST DAY OF JULY 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: Mark C. Popovich, Assistant County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Clark called the meeting to order at 4:00 p.m. and delivered
the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Clark called for Approval of the Agenda.
Assistant County Attorney Popovich offered the following
amendments to the agenda: Under the County Attorney?s Report, add two
(2) Closed Meeting items; under the County Attorney?s Report, add a
Foreign Trade Zone Agreement; under the County Attorney?s Report, add a
Lease Agreement for the Health Department; under the County Attorney?s
Report, add a Cost-Sharing Agreement with the Virginia Department of
Health; under the County Attorney?s Report, add a Resolution and Deed of
Bargain and Sale for the James and Washington Street property; under the
County Attorney?s Report, add a Memorandum of Agreement with the
Commissioner of the Revenue; under the County Administrator?s Report,
add a Resolution to Appropriate Funds for the FY 2007-08 Comprehensive
Services Act Budget; under the Parks and Recreation Report, add a Bike and
Pedestrian Grant Application and attendant Resolution to Accept and
Appropriate Funds from the Commonwealth of Virginia, Department of
Transportation Enhancement Grant; under Old Business, add a Resolution
approving the Isle of Wight County 2009-2014 Secondary Six-Year
Improvement Plan and Fiscal Year 2008-2009 Secondary Construction
Budget; under Old Business, add discussion involving a Joint Task Force on
Cost Reduction through Combining of Services between the County and the
School Board; under New Business, add consideration of a funding request
from Southampton County; under Old Business, add one (1) item for
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discussion, per Supervisor Wright; under New Business, add one (1) item
for discussion, per Supervisor Wright; under the Closed Meeting, add one
(1) item concerning advice of counsel, per Supervisor Bradshaw; under the
Closed Meeting, add one (1) item concerning acquisition of property, per
Chairman Clark; and, under the Parks and Recreation Report, add
consideration of additional soccer fields being constructed at Nike Park.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Special Presentations.
Chairman Clark recognized Inga Johnson and moved that the Board
adopt the following Resolution:
RESOLUTION TO RECOGNIZE INGA JOHNSON AS THE FIRST TEAM
CAPTAIN OF THE ISLE OF WIGHT COUNTY
?HEELS TO HEAL? RELAY FOR LIFE TEAM
WHEREAS,members of the Board of Supervisors and County Staff
established the County?s first American Cancer Society Relay for Life Team
in April 2008; and,
WHEREAS,Inga Johnson volunteered to serve as the 2008 ?Heels to
Heal? Team Captain; and,
WHEREAS,under Ms. Johnson?s leadership, the team recruited 37
team members; organized a number of employee fundraisers; and raised
more than $5,150 for the American Cancer Society in less than two months.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express its gratitude and recognition of the gracious and dedicated service of
Inga Johnson as Team Capitan.
BE IT FURTHER RESOLVED that the words of this resolution be
formally spread upon the minutes of the Board of Supervisors.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Ms. Johnson briefed the Board on Relay for Life?s mission to raise
donations and awareness for the fight against cancer. She noted that Surry
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and Isle of Wight Counties joined together this year for this annual event
and are in the top 10 nationwide per capita in their fund raising events.
Dr. Mary Mehaffey, Associate Superintendent for Instruction with the
Isle of Wight County Public Schools, formally introduced Ms. Ellen Couch,
Early Intervention Lead Teacher, who briefed the Board regarding the Pre-
school Program and how it interfaces with the Smart Beginnings Program.
Sharon Jones, Clerk of the Circuit Court, addressed the Board
regarding the preservation of records that are being housed in the Record
Room of the Clerk?s office, to include their relocation into the new Courts
facility, currently under design. She advised that she has been meeting
regularly with the architect with respect to the proposed fire suppression
system. She further advised that she had sent a memo to the Board
explaining how the records are preserved and that C. W. Warthem is the
company being charged with moving the records during the relocation to the
new building.
Supervisor Bradshaw advised that Jerianne Gardner, Isle of Wight
Historical Society, had previously addressed the Board and advised that the
Isle of Wight Historical Society is in charge of some of the records.
Ms. Jones clarified that the Isle of Wight Historical Society has
contributed to a historical book fund in the past; however, they are County
records and she is the custodian in her capacity as Clerk of Circuit Court.
//
Chairman Clark called for Regional Reports.
Chairman Clark reported that it was evident at the last meeting of the
Coalition of High Growth Communities that the development community is
going to continue to attempt to replace proffers with impact fees.
Chairman Clark reported that the Navy was present at the last
Hampton Roads Military and Federal Facilities Alliance meeting to defend
its position on an OLF in this area. He advised that the Navy is going to
meet with the individual communities regarding a footprint and to advise
what the overall impact of an OLF to a community is with respect to the
environment and noise. He advised that the Southampton County
Administrator, Mike Johnson, was also present at the meeting although that
County is not a member of the Alliance.
Chairman Clark reported that he spoke to Speaker Howell relative to
transportation solutions during the last meeting of the Hampton Roads
Partnership via a conference call, who indicated that he was favorable to a
more regional approach, such as reactivation of the regional authorities. He
advised that the House of Representatives did not offer a proposal.
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County Administrator Caskey reported that the Hampton Roads
Planning District Commission?s MPO structure was discussed with respect
to how it is going to process its interaction with the Federal Highway
Administration going forward.
County Administrator Caskey reported that certain legislative aids had
made a presentation at the last meeting of the Mayors and Chairs Caucus on
the two (2) primary Bills that have been created during the Special Session
of the General Assembly dealing with transportation. He offered to provide
copies to the Board of the summation.
Supervisor Wright reported that Mr. Simons has been hired as the new
Western Tidewater Regional Jail Superintendent.
Supervisor Wright reported that the Western Tidewater Water
Authority?s attorney is reviewing certain paperwork from the other locality.
With respect to the most recent meeting of the Windsor
Intergovernmental Relations Committee, Supervisor Wright reported that
the Memorandum of Understanding was to be discussed later in the Board?s
meeting.
Supervisor Bradshaw reported on the conference call held with the
Governor regarding transportation issues at the most recent meeting of the
VACo Board of Directors.
Supervisor Brown reported that the Southeastern Public Service
Authority held a public hearing on the tipping fee and the Board adopted a
schedule that became effective July 1, 2008. He advised that a landscaping
plan for the waste-to-energy facility for Portsmouth was also presented and
MMM Design Group was charged with developing a beautification plan for
the gateway. He advised that the ash and residue contract allows SPSA to
dispose of 300 tons per year at the Virginia Beach landfill. He advised that
there was an amendment to the By-laws, which would allow the majority of
the Board members, not a majority of the quorum, necessary for any action
taken by the Board. He stated that the second amendment deals with the
amount of term for each Officer, whose term will begin immediately upon
election. He advised that the 21 applications submitted for Executive
Director were narrowed down to seven (7) candidates who will be
interviewed in the near future. He advised that an Interim Executive
Director will serve beginning August 2, 2008.
Supervisor Bradshaw acknowledged staff who had taken their own
personal time to attend the Route 58 community meetings held over the past
months. He noted that the project is progressing well.
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Supervisor Bradshaw advised that he and County Administrator
Caskey will be meeting with the Franklin Mayor and City Manager
tomorrow (July 2, 2008) relative to the Franklin Airport.
Supervisor Bradshaw reported that the Director of Social Services and
the Director of Information Resources and Legislative Affairs have agreed to
be Chairs of Subcommittees for the Smart Beginnings regional program
designed for early childhood intervention.
Supervisor Bradshaw reported on a recent meeting between the
Chambers of Commerce for Franklin, Southampton and Isle of
Wight/Smithfield/Windsor relative to the Chowan River Basin, flooding of
the Blackwater River and the OLF issue. He indicated that there will be
other joint meetings in the future.
//
Chairman Clark called for Transportation Matters.
Kristen M. Mazur, County Engineer, presented a Resolution of the
Board of Supervisors of Isle of Wight County Giving Notice of Their
Intention to Add Yellow Rock Road to the State Secondary Roadway
System for the Board?s consideration. She advised that Yellow Rock Road
does have a 40-foot right-of-way, which is owned by the County and that the
roadway will not be paved at this time. She noted that a full topographical
survey is required with utility and right-of-way shown, for a cost between
$2,000-$3,000 dollars and that interest earnings on VDOT escrow can be
used as the County?s match as it is designated as a revenue sharing project
at this time.
Chairman Clark moved that the Board adopt the following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, GIVING NOTICE OF THEIR INTENTION TO ADD YELLOW
ROCK ROAD TO THE STATE SECONDARY ROADWAY SYSTEM
WHEREAS, the Isle of Wight County Board of Supervisors, following
a regular meeting on July 1, 2008, giving notice of their intention to request
the Virginia Department of Transportation to add Yellow Rock Road to the
Secondary System of State Highway, including a 40 foot right-of-way, from
Route 665 (Smith Neck Road) to Dead End, a distance of 0.6 miles; and
WHEREAS, the street was established prior to July 1, 1992, it was
acquired by the County on June 7, 2001, and currently serves at least 3
families per mile; and
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WHEREAS, the Virginia Department of Transportation has deemed
Isle of Wight County?s current subdivision control ordinance meets all
necessary requirements to qualify Isle of Wight County to recommend
additions to the Secondary System of State Highways, pursuant to Section
33.1-72.1 (C) of the Code of Virginia of 1950, as amended; and
WHEREAS, after examining the ownership of all property abutting
this street, the Board finds that speculative interest does not exist; and
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors
request Yellow Rock Road be added to the Secondary System of State
Highways, pursuant to Section 33.1-72.1 (C) of the Code of Virginia of
1950, as amended; and
BE IT FURTHER RESOLVED, the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements for
cuts, fills and drainage; and
BE IT FURTHER RESOLVED, the Board requests the Virginia
Department of Transportation to improve said street to the prescribed
minimum standards, funding said improvements pursuant to Section 33.1-
72.1 (C) of the Code of Virginia of 1950, as amended; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer of the Virginia Department of
Transportation.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Ms. Mazur made reference to the Transportation Report spreadsheet
contained in the agenda for the Board?s information.
Ms. Mazur advised that the ditches along Route 258 have been
addressed and the guardrail has been extended.
Supervisor Brown inquired if the Route 460 project could be placed
ahead of the Owen?s Estate project.
Ms. Mazur replied that VDOT is currently focused on Zuni and would
be following up with Owens Estates.
Mr. Neblett advised that because James Way is being adversely
affected as the water flows off of Route 10 and surrounding properties, funds
can be used from the secondary system.
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Mr. Neblett advised that additional work has been completed in Zuni
and that he would be emailing the report to Supervisor Bradshaw. He noted
that several beaver dams had been found and that VDOT has hired a
professional beaver trapper for relocation purposes.
//
Chairman Clark called for Citizens Comments.
No comments were offered.
//
Chairman Clark called for the County Attorney?s report.
Assistant County Attorney Popovich presented a proposed Deed of
Bargain and Sale for the abandoned well site for the Board?s consideration
pursuant to the Board?s direction at its April 18, 2008 meeting that staff
contact adjacent property owners to inquire if they had any interest in
acquisition of the property. He advised that Mr. Todd Rose has expressed
such an interest.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the conveyance of this property for public
hearing at the Board?s August 21, 2008 meeting. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Assistant County Attorney Popovich presented a proposed Paying
Agency agreement between the County and the Bank of New York Mellon
appointing the Bank of New York Mellon as the paying agent responsible
for making interest and principle payments under the County?s Purchase of
Agricultural Conservation Easements Program.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Paying Agency Agreement between the County and the Bank of
New York Mellon 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.
Assistant County Attorney Popovich presented a proposed agreement
between all member localities of the Southeastern Public Service Authority
(SPSA) which provides for the joint enforcement and defense of flow control
ordinances.
Supervisor Brown moved that the Board authorize the Chairman to
execute the Southeastern Public Service Authority Joint Flow Control
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Ordinance Defense, Enforcement and Payment 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.
Assistant County Attorney Popovich stated responsive to concerns
voiced by citizens with respect to feral cat colonies within the County, staff
has met with the Sheriff and Chief Animal Control Officer Sullivan and
drafted a proposed Feral Cat Ordinance for the Board?s consideration.
Supervisor Brown readdressed his concern that buzzards are creating a
nuisance in the Pinewood Heights neighborhood.
Assistant County Attorney Popovich advised that buzzards are
protected by Federal law and there is nothing at the local level that can be
done to address his concern.
Supervisor Brown moved that the County Administrator direct his
staff to review the site at which fowls are creating a nuisance and work in
conjunction with the Health Department to determine if something can be
done in the short term, while the County Attorney researches a long-term
solution. 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 authorize the County
Attorney?s office to advertise the proposed feral cat Ordinance for public
hearing at the Board?s August 21, 2008 meeting. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Assistant County Attorney Popovich advised that he had previously
forwarded to the Board copies of a proposed Foreign Trade Zone Agreement
with the Virginia Port Authority in which the County and the Port Authority
would jointly apply to have the Shirley T. Holland Commerce Park
designated as a foreign trade zone. He requested that the Board authorize
the Chairman to sign the Agreement on behalf of the Board if the Board is in
agreement.
Lisa T. Perry, Director of Economic Development, requested that the
Board delay action on the Agreement at this time.
Assistant County Attorney Popovich, pursuant to the Board?s
authorization to renew a three (3) year lease agreement at its previous
meeting, presented a revised Health Department Lease Agreement with Mr.
Frank Hall to include a 90-day termination provision, which has been signed
by Mr. Hall.
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Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the revised Health Department Lease Agreement with Mr. Frank
Hall. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Assistant County Attorney Popovich presented a Cost-Sharing
Agreement with the Department of Health with respect to its operational
budget in which the Virginia Department of Health proposes to provide
approximately $548,000.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the Cost-Sharing Agreement with the Department of Health 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.
Assistant County Attorney Popovich presented a proposed
Memorandum of Understanding with the Commissioner of Revenue. He
advised that the prior Commissioner of Revenue had entered into an
agreement with the Board which placed the employees of the
Commissioner?s office under the County?s policies. He noted that the
previous Memorandum of Understanding ended with the retirement of the
former Commissioner of Revenue.
Chairman Clark moved that the Board approve the Memorandum of
Understanding with the Commissioner of Revenue?s office. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Assistant County Attorney Popovich presented a proposed Resolution
and Deed of Bargain and Sale for the James and Washington Street
properties for the Board?s consideration.
Chairman Clark commented that with recent revelations from the
Town of Smithfield and pursuant to recent discussions with the Town that a
member of the Board has had with the Town Attorney, he believes that the
Board is in agreement with the proposal offered by the Town recently.
Supervisor Casteen moved that the Board adopt the following
Resolution and authorize the Chairman to sign the Deed of Bargain and Sale
with an amended adoption date of July 1, 2008 versus May 15, 2008:
RESOLUTION TO AUTHORIZE THE TRANSFER OF
REAL PROPERTY TO THE TOWN OF SMITHFIELD
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WHEREAS, on April 3, 2007 the Isle of Wight County Board of
Supervisors and Town Council of the Town of Smithfield entered into a
Memorandum of Understanding (the ?MOU?) in which the parties agreed
that the public interest of the citizens of the Town of Smithfield, who are
also citizens of the County of Isle of Wight, would be better served and
promoted by the relocation of the citizens currently living in the Pinewood
Heights Subdivision; and
WHEREAS, according to the terms of the MOU, the Isle of Wight
County Board of Supervisors committed to providing the Town of
Smithfield with such financial and in-kind support as is more fully described
therein; and
WHEREAS, the Isle of Wight County Board of Supervisors has
determined that it is appropriate to transfer that real property, as an in-kind
transfer, owned by the County that is located on the corner of James and
Washington Streets in the Town of Smithfield (Tax Map Parcel #21A-01-
184) for the purpose of providing such real property for such relocation
effort.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that the Chairman of the Board of Supervisors is
hereby authorized to execute, on behalf of Isle of Wight County, any and all
documents, as may be necessary, to transfer the County-owned property on
the corner of James and Washington Streets in the Town of Smithfield (Tax
Map Parcel #21A-01-184), along with any and all buildings and
improvements thereon.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Assistant County Attorney Popovich advised that the remainder of his
items were for discussion later in Closed Meeting.
//
Chairman Clark called for the Parks and Recreation report.
Mark Furlow, Parks Administrator, presented a request for two (2)
additional soccer fields at Nike Park with irrigation and a smaller soccer
field as contained in the most recent Master Plan for Nike Park. He advised
that the plan is to install an additional well to irrigate those fields.
Supervisor Wright inquired if staff had obtained a permit for the
additional well.
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Ms. Mazur responded that the only permit required for the well is from
the Health Department at this time, as the well is intended for irrigation
purposes only. She advised that staff has not yet decided whether a shallow
well or a deep well is needed. She advised if a deep well is dug, staff will
not need to obtain a permit from the Department of Environmental Quality
until staff intends to discharge greater than 300,000 gallons of water per
month. She stated that staff is in the process of analyzing the cost and
benefit of a deep well, which could potentially serve the County in the
future.
Supervisor Wright stated that indications are that the Department of
Environmental Quality is not processing permits for irrigation purposes. He
encouraged staff to have a permit in-hand.
Ms. Mazur advised that staff has discussed the shallow well with the
Department of Environmental Quality and been informed that the County
can dig a shallow well or if a flow meter is installed to ensure that the
County will not be discharging greater than 10,000 gallons per day or
300,000 gallons per month.
Amy Ring, Assistant Director of Planning and Zoning, advised that
Article 7 of the County?s Zoning Ordinance allows the Board to grant
administrative approval authority to the Zoning Administrator over site
plans and doing so will expedite the review process.
Chairman Clark moved that the Board grant staff the authority to have
administrative approval of 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.
Gina R. Ippolito, Recreation Administrator, presented the Isle of
Wight County Fair Committee?s approved sponsorship package, which was
endorsed by the Board.
Ms. Ippolito advised that the County has received a transportation
enhancement grant for the Battery Park, Phase 1, project for the Bike and
Pedestrian Trails in the amount of $647,000. She requested that the Board
approve a Resolution to Accept and Appropriate Funds from the
Commonwealth of Virginia, Department of Transportation Enhancement
Grant.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION ENHANCEMENT GRANT
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received notice of award by the Commonwealth of Virginia,
Department of Transportation Enhancement Grant - Phase I, Battery Park
Road Project; and ,
WHEREAS, the grant funds in the amount of six hundred forty seven
thousand dollars ($647,000), or so much as shall be received from the
Commonwealth Of Virginia need to be accepted and appropriated to the FY
2008-09 General 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, Virginia that grant
funds in the amount of six hundred forty seven thousand dollars ($647,000),
or so much as shall be received from the Commonwealth of Virginia be
accepted and appropriated to the appropriate line item in the FY 2008-09
Operating and Capital Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for the General Services report.
Ms. Mazur updated the Board on the Joel C. Bradshaw fairgrounds
progress. She advised that following the implementation of the electrical
work and the vegetation and grass being established, debris will be removed;
roads will be cleaned; minor work will be done on the pole barn; ditches will
be cleaned; and, fences replaced, as necessary.
Supervisor Bradshaw inquired if the parking area would be suitable
for parking this year.
Ms. Mazur replied that prior to the Fair, additional grading work to
slope the parking area will be accomplished to allow for adequate run-off.
//
Chairman Clark called for the Tourism report.
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Jennifer Williams, Historic Resources Manager, stated that in 2006,
the General Assembly established the Virginia Sesquicentennial Committee
to commemorate the 150 anniversary of the Civil War and localities have
been asked to establish committees to begin the statewide planning process.
She requested that the Board approve the list of recommended individuals as
contained in the agenda.
Supervisor Bradshaw moved that the Board authorize approval to
appoint the following individuals to an Isle of Wight County
Sesquicentennial of the American Civil War Committee:
Stan Clark - Honorary County Committee Chairman / Board of
Supervisors Chairman
Patrick Small - Assistant County Administrator
Jennifer Williams - Historic Resources Manager / County Committee
Judy Winslow ? Tourism Director / Facilitator/Liaison to the State
Sesquicentennial Commission
School Representative - To Be Determined
Tracey Neikirk, Museum Curator / Museums
Mark Furlo, Parks Administrator / Historic Park Facilities
Jerianne Gardner, President / Historical Society
Tom Finderson; Albert Burckard; David Sawyer / Local Civil War
Historians
Billy Smith - Commander of Local Civil War Re-enactor Units
Celia Coughlin - Isle of Wight United Daughters of the Confederacy
Denise Tynes - Community Leader
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 advised the Board that a Press Release
had been developed by staff and issued today acknowledging that the
Director of Tourism has been elected to the Board of Association of
Convention and Visitor?s Bureau. He advised that Ms. Winslow takes office
this month and will serve as Chairman of the Professional Development
Committee.
//
Chairman Clark called for the County Administrator?s report.
Joyelle Saunders, CASA Coordinator, advised that the CASA Board of
Directors of the Voices for Kids Program has submitted Articles of
Incorporation to the State Corporation Commission and following
notification of the incorporation, staff will be filing with the Internal
Revenue System for tax-exempt status. She advised that the Board of
Directors is exploring the issue of privatization and that the City of Franklin
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has approved staff?s request of $1 per capita or $8,100 in their 2009 budget.
She advised that Southampton County has not yet joined. She stated that
she is currently developing a Press Release to announce the City of
Franklin?s support of the Program. She advised that staff has applied to
Franklin/Southampton Charities in the amount of $50,000 and received
notification of an award in the full amount to assist with the cost related to
creating an office; infrastructure; standard operating procedures with the
necessary personnel, agencies, attorneys and recruitment and training of
volunteers. She requested that the Board adopt the Resolution to Accept
and Appropriate Funds Received from Franklin Southampton Charities.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS RECEIVED
FROM FRANKLIN SOUTHAMPTON CHARITIES
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has approved the development and submission of an
application for the Court Appointed Special Advocate (CASA) Program
to Franklin Southampton Charities; and,
WHEREAS, funds in the amount of fifty thousand dollars
($50,000) or so much as shall be received from Franklin Southampton
Charities needs to be accepted and appropriated to the appropriate line
items in the FY 2008-09 General 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, Virginia that
fifty thousand dollars ($50,000) or so much as shall be received be
accepted and appropriated to the appropriate line item in the FY 2008-
09 General Operating and Capital Budget of the County of Isle of
Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of
the County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget and to do all things
necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Liesl R. DeVary, Director of Budget and Finance, presented a
Resolution to Accept and Appropriate Public Assistance Funds from the
Virginia Department of Emergency Management (VDEM) for the Board?s
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consideration. She advised that staff had filed for public assistance
following the 2006 Nor?easter storm with VDEM and funding for the
County had been approved last summer. She advised that $608,000 of
reimbursable expenses have been approved and $360,000 has been received
to date. She advised that while much of it is a reimbursement for County
expenditures, staff had filed on behalf of the Towns of Smithfield and
Windsor and she would need permission to receive the funds and return it to
the two (2) towns. She advised of a pending insurance claim of
approximately $370,000 with VACo. She advised that VDEM has
presented their claim to their finance committee requesting that they
establish a contingency for the County so that they will address any claims
that are not reimbursed from the County?s insurance company through a
subsequent claim with VDEM.
Chairman Clark moved that the Board adopt the following Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE PUBLIC
ASSISTANCE FUNDS FROM THE VIRGINIA DEPARTMENT OF
EMERGENCY MANAGEMENT
WHEREAS, the County of Isle of Wight has incurred damages as a
result of an unnamed nor?easter storm in October 2006; and,
WHEREAS, the County applied for public assistance from the
Virginia Department of Emergency Management; and,
WHEREAS, funds in the amount of nine hundred seventy-four
thousand four hundred fifty-nine dollars ($974,459) or so much as shall be
received, need to be accepted and appropriated to the appropriate line items
in the FY 2007-08 General Operating and Capital Budget of the County of
Isle of Wight, Virginia; and,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that nine
hundred seventy-four thousand four hundred fifty-nine dollars ($974,459) or
so much as shall be received, be accepted and appropriated to the
appropriate line item in the FY 2007-08 General Operating and Capital
Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
15
Ms. DeVary advised that it has been difficult to budget for
Comprehensive Services Act expenditures. She advised that since 2002, the
total expenditures under the Act have increased 207% and have increased
27% from last fiscal year. She presented a Resolution to Appropriate Funds
for the FY 2007-08 Comprehensive Services Act for the Board?s
consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE STATE FUNDS FOR
COMPREHENSIVE SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the appropriation of up to eighty-two thousand dollars
($82,000) from the Unappropriated Fund Balance of the General Fund; and,
WHEREAS, funds in the amount of one hundred seventy-one
thousand dollars ($171,000) or so much as shall be received needs to be
accepted and appropriated from the Commonwealth to the FY 2007-08
General Operating Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that an amount
up to eighty-two thousand dollars ($82,000) from the Unappropriated Fund
Balance of the General Fund and one hundred seventy-one thousand dollars
($171,000) or so much as shall be received in State Revenues be
appropriated to the FY 2007-08 Comprehensive Services Act Budget of the
County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
County Administrator Caskey advised that the Hampton Roads
Partnership is requesting that the County and other local jurisdictions
engage in offering its support for the proposed Craney Island expansion. He
recommended that the Board authorize the Chairman to sign the letter on the
County?s behalf supporting the proposed expansion of Craney Island.
Supervisor Wright moved that the Chairman be authorized to sign a
letter supporting the proposed expansion of Craney Island. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
16
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Caskey advised that included in the agenda is a
Memorandum of Understanding received from the former Town Manager
relating to ongoing discussions occurring between the Windsor Town
Council and Supervisors Bradshaw and Wright with respect to a proposed
Town Center facility that the Town of Windsor is pursuing.
Supervisor Wright moved that the Board accept the draft
Memorandum of Understanding from the Town of Windsor and that staff
formalize the draft for consideration by the Board, pending review of the
County Attorney?s office. 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 Services and Legislative
Affairs, advised that VACo and VML have had discussions with regard to
state reductions in local funding around the state. He stated that
Chesterfield adopted within its local budget a line item for aid to the
Commonwealth. He recommended that the Board adopt A Resolution to
Provide Aid to the Commonwealth.
Supervisor Bradshaw advised that he supports the concept of placing a
line item entitled ?Local Aid to the Commonwealth.?
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO PROVIDE
AID TO THE COMMONWEALTH
WHEREAS, the General Assembly chose to respond to shrinking
revenue growth by shifting to local governments the responsibility for
reducing $100.0 million of core services; and,
WHEREAS, the Governor signed into law this $100.0 million
appropriation reduction for local governments in the 2008-2010 biennium
without identifying the programs to be reduced; and,
WHEREAS, these reductions are in addition to those made by the
General Assembly and approved by the Governor affecting law enforcement,
elementary and secondary education, profits from the Alcoholic Beverage
Control Enterprise Fund and distributions of wine liter tax collections,
constitutional offices, the upgrade of wastewater treatment facilities in
conformance with water quality standards and goals, and farmland
preservation to name but a few; and,
17
WHEREAS, the $100.0 million reduction will likely be carried
forward into future biennia forcing city and county governments to choose
between raising taxes or reducing services.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of
Supervisors of the County of Isle of Wight, Virginia does hereby support the
recording of this intergovernmental revenue reduction from the
Commonwealth as Local Aid to the Commonwealth.
BE IT FURTHER RESOLVED THAT this recording on all financial
records shall be shared with the delegation, the Governor and local news
media so that citizens understand the decisions made by this governing body
in response to the Commonwealth?s choice to delegate their constitutional
obligation to local governments.
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. Local Emergency Management Performance Grant (LEMPG) ?
FY 2008-09
. Resolution to Accept and Appropriate Funds from the
State Department of Emergency Management for the
LEMPG Program
B. Applicant for Grant Funds ? Litter Prevention and Recycling
. Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Environmental Quality for the
Virginia Litter Prevention and Recycling Grant
C. Cleanup of Fuel Oil/Old Administration Building
. Resolution to Accept and Appropriate Funds from the
Department of Environmental Quality
D. Additional Appropriation for FY 2007-08
. Resolution to Appropriate Funds from the Unappropriated
Fund Balance for Additional Expenses
E. Virginia Juvenile Community Crime Control Act
18
F. County Fuel Bids
G. Request for Proposal (RFP) ? Professional Services
. Resolution to Authorize the Solicitation of Proposals for
Update of the Master Plans for Nike and Heritage Parks
H. County Policy Amendment
. Resolution to Amend the County Policy Manual Chapter
4, Article II, Section 2.2
I. Monthly Financial Reports for County and Schools
J. April 26, 2008 Town Meeting Minutes
K. May 1, 2008 Regular Meeting Minutes
Supervisor Bradshaw moved that the Board approve the Consent
Agenda with the amendments to the April 26, 2008 and May 1, 2008
minutes. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Appointments.
Supervisor Bradshaw moved that the Board reappoint Sarah T. Leggett
to represent the Carrsville District on the Beautification Committee. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Wright moved that the Board reappoint Durwood Scott to
represent the Windsor District on the Historical Architectural Review
Committee. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Clark called for Old Business.
Ralph A. Anderson, Solid Waste Manager, addressed a proposed
revision to the hours of operation with regard to the County?s convenience
centers. He stated that Scenario One, if approved, would take effect August
19
1, 2008 and would also allow sufficient time to educate the public about the
change through the PEG channel, the local newspapers, ads and flyers.
Supervisor Bradshaw commented that there will be a cost savings by
not opening the convenience centers on Mondays because currently the
Director of Solid Waste is paying personnel overtime to perform
maintenance at the sites and it will keep the County from hiring additional
personnel.
Supervisor Bradshaw requested that a time period for convenience
center sites be included in future Consent Agendas for the Board?s
information and that Mr. Anderson keep the Board apprised of any concerns
voiced by citizens. He advised that he has already spoken with Mr.
Anderson about the need to expand the Jones Creek site and that they are
currently working on a plan to do some things differently at that site.
Supervisor Wright advised Mr. Anderson that if compactors were
located at the Walters, Crocker and Camptown sites, it may be necessary to
pull those sites only once a month, which will save fuel and free up some
extra containers.
Supervisor Bradshaw advised that an additional compactor needs to be
placed at the Jones Creek site and that there also be a compactor for
cardboard and newspapers.
Chairman Clark noted the importance of educating the public on the
reasoning behind closing the centers on Mondays, which will allow for
maintenance to be done and will help the centers run more efficiently the
remainder of the time.
Supervisor Casteen expressed concern that an effective date of August
1, 2008 will not allow staff sufficient time to install the signs and give
citizens appropriate notice time and he recommended that it become
effective the first Monday following Labor Day, which is September 8,
2008.
Supervisor Bradshaw moved that the Board approve the revision of the
convenience centers schedule in accordance with Scenario One, effective
September 8, 2008. 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 moved to take a ten-minute recess, which passed (4-0)
Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the
20
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent for the vote.
Supervisor Brown returned to the meeting.
Chairman Clark moved that the Board return to open meeting, which
passed unanimously (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Ms. Ring distributed a copy of the applicant?s request that the Board
table the Conditional Use Permit Application for New Cingular Wireless
PCS, LLC (?AT&T?) (f/k/a Cingular Wireless) 165 Foot Monopole
Communications Tower to the Board?s August 21, 2008 meeting.
Chairman Clark moved that the Board approve the request to table the
matter to the Board?s August 21, 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.
Emily G. Haywood, Director of Budget and Finance, pursuant to the
Board?s direction at its June 10, 2008 meeting, presented a proposed
amendment to the County Policy Manual granting part-time employees that
work on a holiday compensatory time off equivalent to half of their
scheduled hours for that day. She offered to participate in the next meeting
that the Solid Waste Manager holds to explain this change in policy to the
Public Works employees to ensure that they have a clear understanding.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO AMEND THE COUNTY POLICY MANUAL
CHAPTER 1, ARTICLE VI, SECTION 6.3
WHEREAS, the Isle of Wight County Policy Manual addresses procedures
concerning various provisions of the holiday leave policy,
WHEREAS, the following amendments to the Holiday Leave Policy will
provide changes to the policy manual,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia, that the County
Policy Manual, Chapter 1, Article VI, Section 6.3 be amended as follows:
21
Section 6.3
(Revised October 4, 2007)
Holidays
Isle of Wight County shall observe the following holidays and other such
holidays as may be prescribed by the Board of Supervisors or by the
Governor of the Commonwealth of Virginia:
New Year?s Day First day of January
Lee/Jackson Day Friday preceding Third Monday in
January
King Day Third Monday in January
Washington?s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day Fourth day of July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran?s Day Eleventh day of November
Thanksgiving Day Fourth Thursday in November and the
day after Thanksgiving Day
Christmas Day Twenty-fifth day of December and the
day before or after Christmas Day
If any holiday falls on Saturday then the Friday preceding the holiday shall
be observed. If the holiday falls on Sunday, the following Monday shall be
observed. The Board of Supervisors may adjust the schedule to
accommodate special circumstances.
If a regular employee is required to work on a holiday, he/she shall receive
regular pay plus compensatory time off. All regular full-time employees
shall be entitled to holiday benefits equal to the employee's regularly
scheduled hours of work. All regular part-time employees shall be entitled to
a paid holiday of four (4) hours. If a part-time employee is required to work
on a holiday, he/she shall receive regular pay plus compensatory time off
equal to one-half of the employee?s scheduled work hours for the holiday.
An employee who has an unexcused absence for any part of the workday
preceding or following a holiday shall not receive holiday pay.
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 a matter of property acquisition be
included for discussion in the Closed Meeting. The motion was adopted by
a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and
22
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Assistant County Attorney Popovich called for discussion on a
Resolution approving the Isle of Wight County 2009-2014 Secondary Six-
Year Improvement Plan and Fiscal Year 2008-2009 Secondary Construction
Budget.
There being no discussion, Supervisor Bradshaw moved that the
Board adopt the Resolution:
RESOLUTION APPROVING THE ISLE OF WIGHT COUNTY
2009-2014 SECONDARY SIX YEAR IMPROVEMENT PRIORITY PLAN
AND FISCAL YEAR 2008-2009 SECONDARY CONSTRUCTION
BUDGET
WHEREAS, the Isle of Wight County Board of Supervisors and the
Virginia Department of Transportation held a public hearing on June 10,
2008, to solicit citizen?s comments and recommendations concerning the
Isle of Wight County 2009-2014 Secondary Six-Year Priority Plan And
Fiscal 2008-2009 Secondary Construction Budget; and,
WHEREAS, comments and recommendations have been received
during the public hearing on this matter, and such have been considered and
incorporated as appropriate in the 2009-2014 Secondary Six-Year Priority
Plan And Fiscal 2008-2009 Secondary Construction Budget.
NOW, THEREFORE BE IT RESOLVED that the Isle of Wight
County Board of Supervisors does hereby accept and approve the Isle of
Wight County 2009-2014 Secondary Six-Year Priority Plan And Fiscal
2008-2009 Secondary Construction Budget.
BE IT FURTHER RESOLVED, that the County Administrator is
hereby authorized 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.
Assistant County Attorney Popovich called for discussion on a joint
task force on cost reduction through the combining of services between the
County and the School Board.
Supervisor Bradshaw advised that he and Supervisor Wright are
currently working with the school administration personnel. He further
advised that staff is also working with Social Services employees in an effort
to do certain consolidation efforts, such as finance, payroll, purchasing and
Human Resources.
23
Supervisor Wright advised that the Town of Smithfield is requesting
that the County demolish the old restaurant building located at the site
where the new fire and rescue facility is to be located. He requested that
County Administrator Caskey develop a Request for Bid for the removal of
the old restaurant and bring the matter back to the Board for consideration.
County Administrator Caskey noted that the Director of Budget and
Finance had suggested that the County make contact with the Virginia
Department of Emergency Management to determine if they or any other
agency might have grant funds available since the intent is to take down the
existing building in order to build a fire and rescue station. He advised that
staff would proceed with sending out Requests for Bids and would advise
the Smithfield Town Manager accordingly.
Supervisor Wright moved that County Administrator Caskey develop a
RFP for removal of the old restaurant and bring same back to 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.
Supervisor Bradshaw moved that the Board direct staff to send out a
public service announcement to The Tidewater News regarding the Septic
Pump Out Program adopted by the Board requesting that the newspaper
publicize the letter to clarify a previous article printed by that newspaper and
which has been misleading as to what the Carrsville District entails. Staff is
to forward a map of the entire County to all newspapers illustrating the only
area that is going to be required to have septic pump-outs. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen recommended that staff identify all areas of the
County that are not included in the Chesapeake Bay to ensure that all
citizens are aware.
Mr. Robertson advised that information has been sent to the local
media and will be placed in the County newsletter which includes a
narrative and addresses the phase-in process, as well as a map illustrating
what areas are and are not included in the program. He offered to follow up
with additional information that is specific to Carrsville or any other district
once the newsletter is mailed out.
Responsive to Supervisor Wright on the status of his previous request
for a study, Ms. Walkup advised that staff will be providing information to
the Board in the next agenda package.
24
Following a concern voiced by Supervisor Bradshaw regarding the
potential for flooding in the parking area at the Joel C. Bradshaw, Jr.
Fairgrounds at Heritage Park, Ms. Mazur advised that certain work will be
performed to carry the water to the wetlands. She advised that all work will
be completed prior to the 2008 Fair.
Supervisor Wright recommended that clean recycled concrete be used
as a sub-base over the parking area.
//
Chairman Clark called for New Business.
Supervisor Bradshaw advised that County Administrator Caskey had
received a funding request from Southampton County formally asking that
the County be directly involved in supporting their efforts with respect to the
OLF.
County Administrator Caskey referred to breakdown of revenues that
according to the Southampton County Administrator are coming from the
various local jurisdictions that have an interest in the OLF issue. He stated
that the County is being requested to fund $20,000.
Supervisor Bradshaw advised that Congressman Forbes had advised
that localities which will be directly impacted should get in contact with his
legislative aid, Rick Franklin.
Supervisor Bradshaw moved that staff be directed to ask Rick Franklin
to work with the Navy and to communicate the County?s position that the
County needs to be involved with the OLF to know what the direct impact is
going to be on the outlying sites, especially to the north. If it is in Surry
County, where are the jets going to fly. If it is in Wakefield, where are the
jets going to fly. The County needs to request a noise impact study from the
.
NavyThe 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 staff be directed to invite the Rear
Admiral who addressed the Hampton Roads Military and Federal Facilities
Alliance to address the Board on the OLF issue. 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 support the OLF?s defense
as requested by the Southampton County Administrator, Mike Johnson, in
the amount of $20,000 from the County?s Unappropriated Fund Balance and
that Southampton be advised that its request will be funded contingent on
25
Southampton County joining the regional CASA Program. 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 advised the Board that he had received a call from a
realtor regarding a small lot located in the Town of Windsor near the
railroad track in which the owner would like to donate it to the County for
the payment of back taxes. He noted that this would be an ideal place for
the Beautification Committee to plant flowers or do whatever they want to
do.
Supervisor Wright moved that the Board direct the County Attorney?s
Office to bring back a recommendation to the Board regarding the possible
donation of a lot in the Town of Windsor to the County for the payment of
back taxes. 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 addressed the issue of the County?s communications
protocol with respect to how Board members should speak with County
personnel and contractors hired by the County. He advised that the
County?s protocol is clear and developed for a reason to avoid liability,
litigation and demolition of value of potential County assets. He commented
that contractors will convey certain confidential information to Board
members that can end up in litigation or can jeopardize the County?s
position in negotiating processes. He stated any discussion between
contractors and the Board must remain between the two (2) parties.
Chairman Clark moved that staff be directed to resend the County?s
communication protocol to the individual Board members requesting that
they sign and return it to staff. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
//
Assistant County Attorney Popovich called for a Closed Meeting
pursuant to Section 2.2-3711.A.3 of the Code of Virginia to discuss the
acquisition of real property in the Carrsville District; pursuant to Section
2.2-3711.A.7 relative to discussion with legal counsel regarding actual
litigation; pursuant to Section 2.2-3711.A.7 relative to the provision of legal
advice from counsel related to procedural protocols; and, pursuant to Section
2.2-3711.A.3 relative to four (4) property acquisitions.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reasons stated by Assistant County Attorney Popovich. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
26
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
//
Chairman Clark called for a public hearing on the following:
A. The application of Bessie L. Kelly for a change in zoning
classification from Rural Residential (RR) to Conditional-Rural
Agricultural Conservation (C-RAC) of 14.6 acres of land located
on the south side of Jenkins Mill Road at 34237 Jenkins Mill
27
Road in the Carrsville Election District. The purpose of the
application is for rural residential and agricultural uses.
Ms. Walkup presented the application and advised that this lot was
rezoned under a previous Zoning Ordinance which allowed temporary
placement of a mobile home by a Conditional Use Permit and included a
provision in that Ordinance that allowed administrative approval if there
were no objections from adjacent landowners which reserved a comment
period that would allow adjacent landowners to comment on an application.
She advised that in December 2004, Ms. Kelly did file for administrative
approval for a family member mobile home for her son and an objection
from an adjoining property owner was received. She stated because of this
objection, approval could not be handled administratively and the owner
subsequently filed for a Conditional Use Permit, which was approved on
April 21, 2005 with a time limit of three (3) years for the mobile home,
which has now expired. She advised that in the meantime, the Board has
adopted a revised Zoning Ordinance that will not allow family member
mobile homes in the Rural Residential District; therefore, Ms. Kelly is
applying to rezone her property back to Rural Agricultural Conservation
and, if approved, the applicant will return with a new Conditional Use
Permit application. She noted that in the Board member?s seats is the
condition that was discussed at the Planning Commission public hearing
which will restrict the number of family member lots to no more than three
(3).
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
Ms. Bessie Kelly, 34237 Jenkins Mill Road, requested that the Board
favorably approve her application so that her son can remain living in the
mobile home.
Chairman Clark closed the public hearing and called for comments
from the Board.
County Administrator Caskey advised the Board that at their seats is a
letter from Mr. Robert S. Jullian, Sr. which should be made a part of the
record for this application.
Responsive to Supervisor Bradshaw, Ms. Walkup advised that staff
has not received any complaints and believe that the mobile home, which is
compatible, has previously existed harmoniously in the community. She
advised that the applicant could do a family member transfer to her son and
have the mobile home placed on a permanent foundation, but she does not
desire to do that at this time.
Responsive to Supervisor Wright, Ms. Walkup advised that the
applicant?s Conditional Use Permit expired four (4) months ago and the
28
applicant is aware that she is currently in violation and will be following
through with a Conditional Use Permit.
Responsive to Supervisor Brown?s comment that the Planning
Commission found no weaknesses with this application, Ms. Walkup replied
that because the Zoning Ordinance was revised creating this situation for the
applicant, the Planning Commission took that under consideration and they
did not discuss anything other than a condition on the number of family
member transfers that could be created from the parent parcel.
Supervisor Bradshaw brought up Mr. Julian?s concern with the large
number of horses that are currently on the property. He inquired what
number is allowable by law.
Sandra Robinson, Planner, informed the Board that staff was unaware
of the number of horses on the property until the Planning Commission held
its public hearing on the application when Ms. Kelly made that information
available to staff. She advised that Bob Watkins, Code Enforcement Officer,
has not visited the property.
Ms. Walkup advised that the Ordinance provides for one (1) horse per
acre, in addition to the one (1) acre for the house. She noted that staff would
need to make a visit to determine how many horses are currently on the
property.
Chairman Clark inquired from Ms. Kelly how many horses she
currently has on her property.
Ms. Kelly responded that her zoning allowed for the 40 miniature
horses that she currently has on her property. She advised that there is not a
limit after ten (10) acres. She stated it is her understanding that the zoning
she is currently applying for has the same stipulation.
Ms. Walkup stated that she will review the Ordinance and follow up if
this is a violation.
Supervisor Bradshaw moved that the Board approve the application
subject to the condition that the number of family member transfers is
limited to three (3) lots. 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:
B. The application of James M. Carroll, Trustee, Carroll Family
Living Trust, for a change in zoning classification from
Conditional Rural Agricultural Conservation (C-RAC) to
Conditional-Rural Residential (C-RR) of approximately 10 acres
29
of land located on the south side of James Wilson Way, west of
its intersection with Mill Swamp Road (Rt. 626) in the Hardy
Election District. The purpose of the application is for two (2)
single-family residential lots, as conditioned.
Ms. Walkup presented the application and advised that the applicant
has proffered a cash proffer for each of the two (2) lots being created and
there is one (1) additional lot from the tract and the residue, which will bring
the total number of residential lots that could be divided from that tract to
four (4). She advised that the applicant has also proffered no additional
family member transfers would be allowed from the two (2) new lots.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
William K. Barlow, Attorney, representing the applicant, advised that
the Planning Commission unanimously recommended approval of the
application to the Board. He advised that the applicant has proffered cash
proffers for the two (2) new lots. He commented that farming for a living is
difficult these days and Mr. Carroll needs to sell this property.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the Board approve the application, as
conditioned 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.
Chairman Clark called for a public hearing on the following:
C. The application of Edward R. and Sharon C. Lenz, owners, for
an exception to the Chesapeake Bay Preservation Area
Ordinance. Specifically, Section 4002 (B)(2)(a.) to allow
encroachment of up to 50 feet into the 100 foot Resource
Protection Area Buffer for the construction of a single-family
home on Lot 59, containing nearly 0.51 acres of land, located in
the C. L. Obrey Subdivision on the north side of Lakeview Lane,
Carrollton, in the Newport Election District.
Ms. Walkup presented the application and advised that the Planning
Commission has recommended approval of the application to the Board with
the following conditions: That a two (2) story house not exceed 3,000
square feet of living area, plus an attached garage be constructed within the
proffered building envelope; no additional encroachment be permitted for
accessory structures, decks or impervious surfaces; the house be set at the 35
foot setback line and the driveway within the buffer area will be constructed
30
with pervious pavers; and, that the site plan be revised to denote the limits
of clearing and grading, as indicated by the proposed silt fence location.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
William K. Barlow, Attorney representing the applicants, advised that
the Planning Commission approved Lot 59, but there was a tie vote on Lot
60. He advised that these lots were created in 1968 as part of the Obrey
Subdivision and located on these lots was a farm equipment building, which
was converted into a house that the applicants lived in as newlyweds. He
advised that the applicant and his brother are in the process of settling up the
estate and grandchildren are currently fixing up the applicant?s parent?s
home located at the end of the street. He stated the goal is to improve this
area significantly and that the farm equipment building that was converted
into a home is to be torn down and a house would be built on each of the
two (2) building lots. He stated that his brother originally initiated the
property and later when the applicants became the owners they have
continued with the process. He stated in regard to the impervious areas, the
Chesapeake Bay Preservation Area Ordinance allows up to 16% of the total
area to be impervious and both lots are within the requirements with regard
to impervious areas. He stated that the applicant estimates that the square
footage of the two (2) existing homes in the subdivision are in excess of
3,500 square feet each.
Chairman Clark closed the public hearing and called for comments
from the Board. He noted that he does not recollect the Board ever
approving an application such as this without the footprint of the home
being shown.
Ms. Walkup advised that before the Board is a construction footprint
that meets the setbacks and honors the 50-foot buffer. She stated that in the
past, staff has been very detailed in all approvals to determine the minimum
necessary under the Chesapeake Bay Preservation Act. She advised that in
some regard, this allows flexibility in administration and dealing with
properties that are subsequently sold. She stated that which is questionable
is that the first floor level has not been defined.
Supervisor Brown stated if the Board sees that it does not comply with
the requirements at the time of the site plan, the Board can revisit this
application.
Supervisor Casteen inquired if these lots are grandfathered.
Ms. Walkup confirmed that the lots do predate the Chesapeake Bay
Preservation Ordinance which allows an exception process that can grant
relief.
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Chairman Clark noted that normally the Board knows exactly where
the house is going.
Responsive to Supervisor Bradshaw, Edward R. Lenz, applicant,
advised the Board that the drainfield for the current house is located in front
of the home.
Chairman Clark inquired why the weaknesses noted by the Planning
Commission were not addressed before the application came before the
Board.
Ms. Walkup advised that the weaknesses were noted in the staff report
to the Planning Commission, but the Planning Commission took a change in
policy direction in terms of their review of the Chesapeake Bay exceptions.
Chairman Clark commented that he had a problem with the Planning
Commission sending this application to the Board prior to the weaknesses
being addressed.
Mr. Lenz noted that he intends to sell at least one (1) of the lots;
otherwise, he could have provided a plan.
Chairman Clark noted that in the past, the purchaser of a lot has been
the individual who came before the Board with the actual footprints, but
here the contractor is trying to do this ahead of time.
Mr. Lenz responded that the lots have no value without being able to
build upon it and the chances of selling a lot with an individual having to go
through what he is going through is fairly slim.
Chairman Clark commented that really what is being done is that the
impervious surface is being increased greatly and currently there is a house
with 1,600 square feet and more than double that amount is being requested
so that the applicant can market the two (2) lots that are currently acting as
one with an existing building on it.
Supervisor Bradshaw stated that he is baffled why there has been no
response to the Chesapeake Bay letter which specifically disagrees with the
water quality impact assessment and the house envelope concept.
Chairman Clark commented that the County has been sued in the past
for non-compliance.
Responsive to Supervisor Bradshaw if staff has followed up with the
Chesapeake Bay Local Assistance Department (CBLAD), Ms. Walkup
advised that the applicant has received the letter from the CBLAD and the
main problem noted by CBLAD is that the minimum necessary has not been
determined because there is not a specific construction footprint.
32
Chairman Clark commented that is why the Board has never seen an
application such as this because the Board can not know whether or not the
requirements of the Chesapeake Bay Act are being met. He stated that the
Board wants to satisfy the concerns in the letter from the Chesapeake Bay
Local Assistance Department because he does not want the County to get in
trouble again.
Supervisor Bradshaw moved that the Board table the application until
its September 18, 2008 meeting to allow the applicant additional time to
work with staff with respect to the footprint and size of the home. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that staff work with the Planning
Commission to obtain a better idea of the envelope concept. If the Planning
Commission is going to adopt the envelope concept in the future, that a
policy be developed and approved by CBLAD and presented to the Board
for approval. 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:
D. The application of Edward R. and Sharon C. Lenz, owners, for
an exception to the Chesapeake Bay Preservation Area
Ordinance. Specifically, Section 4002 (B)(2)(a.) to allow
encroachment of up to 50 feet into the 100 foot Resource
Protection Area Buffer for the construction of a single-family
home on Lot 60, containing just over 0.40 acres of land, located
in the C. L. Obrey Subdivision on the north side of Lakeview
Lane, Carrollton, in the Newport Election District.
Ms. Walkup introduced the application.
Chairman Clark opened the public hearing and called for persons to
speak in favor of or in opposition to the application.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board table the application until
its September 18, 2008 meeting to allow the applicant additional time to
work with staff with respect to the footprint and size of the home. The
motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown,
33
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Clark directed Ms. Walkup to find an agreeable date from
the members of the Planning Commission for a joint meeting with the
Board.
//
At 7:45 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
34
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