10-16-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND EIGHT
PRESENT: Stan D. Clark, Chairman
James B. Brown, Jr., Vice-Chairman
Phillip A. Bradshaw
Al Casteen
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chief Animal Control Officer Sullivan introduced several kittens and a
dog in an effort to raise public awareness of the need for adoption of these
animals.
Chairman Clark formally introduced Cody Ray Creech, an eleventh-
grade student at Windsor High School, who called the meeting to order at
6:00 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.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney?s Report, add a real estate purchase
contract for a thirty-five percent interest (35%) in the Griffin property; under
the County Attorney?s Report, add two Letters of Intent for the acquisition
of twenty-three percent (23%) and twenty-five percent (25%) in the Griffin
property; under New Business, add Mr. William Bell, Secretary of the
Electoral Board, to discuss Election Day preparation, the splitting of the
Smithfield and Carrollton Precincts and campaign finance filing for the
Hardy and Carrsville Districts; and, under the Closed Meeting, add one (1)
personnel matter, per the request of Supervisor Brown.
Supervisor Brown moved that the agenda be adopted, as amended.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Clark called for Special Presentations/Appearances.
Supervisor Brown recognized and congratulated Cody Ray Creech for
achieving the rank of Eagle Scout.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
CODY RAY CREECH
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Cody Ray Creech is a member of Boy Scouts of America,
Troop #37 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Creech has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Creech for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that Cody
Ray Creech is recognized and congratulated for achieving the rank of Eagle
Scout.
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 presented A Resolution of Appreciation to
Mrs. Hannah Holland, which was adopted by the Board at its September 4,
2008 meeting, in recognition of the mural painted by her on the wall in the
Robert C. Claud, Sr. Board Room.
Judy Begland, Chairman of the Chamber of Commerce, addressed the
Board with respect to that organization?s goal for delivering effective
services, products and programs in support of membership growth and
retention. She publicly recognized Constance Rhodes, President of the Isle
of Wight/Smithfield/Windsor Chamber of Commerce, noting that she has
been with the Chamber since its inception 25 years ago.
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Chairman Clark called for Regional Reports.
Supervisor Bradshaw reported that Darryl Gosnell has been selected as
the new Executive Director of the Hampton Roads Economic Development
Alliance.
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Chairman Clark reported that the closings of the Gilmerton and Jordan
Bridges, due to their age and condition, was discussed at the most recent
meetings of the Hampton Roads Planning District Commission and the
Hampton Roads Metropolitan Planning Organization. He advised that the
two (2) organizations are also discussing moving funds around in an attempt
to address these types of issues sooner. He further advised that he has been
elected Vice-Chairman of the Hampton Roads Planning District
Commission.
Supervisor Wright reported that the Tourism Committee is currently
working in conjunction with the Arts League with respect to a Memorandum
of Understanding.
Supervisor Bradshaw reported that the VACo Board of Directors will
be reviewing the legislative package and the Governor?s proposed budget at
an upcoming special meeting.
Chairman Clark made note that the Transportation Steering
Committee had recently discussed the lack of transportation funding in the
Commonwealth. He recommended that VACo meetings be videotaped and
shown on localities? PEG channels so that the public is informed about the
lack of transportation funding by the General Assembly.
Supervisor Bradshaw offered to pass along Chairman Clark?s
recommendation that the VACo meetings be videotaped to the VACo
Executive Committee.
Supervisor Wright reported that the new Western Tidewater Regional
Jail Authority Superintendent is now on-board and being responsive to
concerns.
Supervisor Bradshaw reported that he, Supervisors Casteen and
Wright and staff had recently completed a tour of the facility at International
Paper. He advised that the Board is comforted by the fact that International
Paper has recently conducted certain major upgrades geared at the long-term
production of that plant.
Supervisor Bradshaw reported that information is being correlated
from the rain gauges that have been installed on the Blackwater and
Nottoway Rivers with respect to the Chowan/Blackwater River Basin Flood
Study.
Supervisor Bradshaw reported that the Board?s Finance Committee
has met with the County?s financial consultants with respect to the issue of
the bond market. He advised that the Governor has announced his second
series of cuts in the State budget and that while the County will not
experience a direct impact this year, the County should anticipate a
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significant impact in next year?s budget. He advised that the Committee has
directed the County Administrator and Director of Budget and Finance to
review the County?s financial position and return to the Committee with
cost-effective ideas for implementation. He remarked that the County is in
an excellent financial position, even in today?s economic downturn.
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Chairman Clark called for Transportation Matters.
No matters were offered for discussion.
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Chairman Clark called for Citizens Comments.
Jean Deprenzio, 112 Lands End Lane, cited her concern that sufficient
studies have yet been conducted to determine if the land associated with the
proposed Phase II apartments are suitable for building. She spoke in
opposition to water being funneled under Route 17 into the Ragged Island
Creek and the Eagle Harbor development. She requested that the Board
deny the application when it comes before the Board due to wetlands issues
and the current traffic volume on Route 17. She spoke in favor of the Board
approving the Riverside facility at Benn?s Church.
//
Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton presented a proposed Chapter 12
Offenses/Section 12-11 Hunting Near Public Schools or Parks Prohibited,
which includes the Hardy Magisterial District and requested authorization to
advertise the matter for public hearing at the Board?s November 20, 2008.
Responsive to Supervisor Brown, Interim County Attorney offered to
change ?or? to ?and? under Section 12-11, Item (A).
Supervisor Wright moved that the Board authorize the County
Attorney?s office to advertise the proposed Ordinance for public hearing at
the Board?s November 20, 2008 meeting. The motion was adopted by a
vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested the Board?s authorization
to advertise an amendment to the 2009 Capital Budget for public hearing at
the Board?s November 20, 2008 meeting.
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Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the FY2009 Capital Budget Amendment for
public hearing at the Board?s November 20, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Interim County Attorney Burton advised that he had one (1) item to
discuss with the Board later in Closed Meeting.
//
Chairman Clark called for the County Administrator?s report.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, briefed the Board regarding impending Federal
legislation that will assist the County in the recruitment and retention of
volunteer fire fighters and EMS personnel. He recommended the adoption
of two (2) proposed Resolutions.
Chairman Clark moved that the following Resolution be adopted:
RESOLUTION TO SUPPORT THE
VOLUNTEER FIREFIGHTER RECRUITMENT
AND RETENTION ACT
WHEREAS, Congressman John Boozman of Arkansas introduced
legislation known as the Volunteer Firefighter Recruitment Act of 2008 into
the United States Congress that would provide a federal tax credit for
individuals serving as volunteer firefighters; and,
WHEREAS, the legislation would provide a $1,000 tax credit for a
volunteer firefighter who has completed 3 or more years of service and a
$1,500 tax credit for a volunteer firefighter who has completed 8 or more
years of service; and,
WHEREAS, the services provided by volunteer firefighters save lives,
property, and millions of taxpayers? dollars; and,
WHEREAS, the proposed legislation would provide incentives to
encourage the recruitment and retention of volunteer firefighters.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia supports
the Volunteer Firefighter Recruitment and Retention Act.
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The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark moved that the following Resolution be adopted:
RESOLUTION TO SUPPORT THE
VOLUNTEER FIREFIGHTER/EMERGENCY
MEDICAL SERVICE GAS PRICE RELIEF ACT
WHEREAS, Congressman John Boozman of Arkansas introduced
legislation known as the Volunteer Firefighter/Emergency Medical Service
Gas Price Relief Act of 2008 into the United States Congress; and,
WHEREAS, the legislation would allow individuals serving as
qualified emergency volunteers to deduct qualified travel expenses related to
the provision of emergency services; and,
WHEREAS, the services provided by volunteer emergency personnel
save lives, property, and millions of taxpayers? dollars; and,
WHEREAS, the proposed legislation would provide incentives to
encourage the recruitment and retention of volunteer firefighters and
emergency medical service providers.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia supports
the Volunteer Firefighter/Emergency Medical Service Gas Price Relief Act.
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 reminded the Board of its annual retreat
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on November 14 and 15 at Windsor Elementary School. He noted that
Dr. Michael Chandler will be facilitating and that the primary issue will be
to revisit the County?s Strategic Plan of Action. He requested the Board
members to advise him about any additional issues they would like to be
included in the retreat agenda.
Chairman Clark requested that the Director of Budget and Finance be
prepared to brief the Board on what the County will be looking at if the
economic climate does not turn around in the next five (5) years; that staff
explore the possibility of the County?s PEG channel being viewed by
citizens with satellite; that staff explore the possibility of developing a
weekly or bi-weekly newsletter for citizen distribution; that staff explore
how the transportation impasse and development pressures will be
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addressed by the County in the future; and, that staff address what effect the
2010 Census will potentially have on the County.
Supervisor Bradshaw requested that staff be prepared to address the
possibility of internet or cable access being available to all County residents
and that staff develop a policy and strategy with respect to negotiations with
the cable company; that staff develop a transportation plan for the County
with respect to road maintenance; and, that the County?s current waste
disposal, issues with SPSA and long-term recycling efforts be discussed.
//
At 7:00 p.m., Supervisor Bradshaw moved that the regular order of the
agenda be amended in order to conduct the public hearings. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for a public hearing on the following:
A. Lease of Property Known as Camp Washington to Mr. Robert
Alphin for Agricultural Purposes.
Interim County Attorney Burton made reference to an error of $20 per
acre contained in the lease originally provided to the Board. He advised that
the rent will be $251 annually and he certified that the matter has been
property advertised for public hearing.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed lease of property.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the Chairman be authorized to execute
the revised lease on behalf of the Board. The motion was adopted by a vote
of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Clark called for a public hearing on the following:
B. Divestment of County Property (Tax Map Parcel #54-01-086) to
the Isle of Wight County Industrial Development Authority for
Use as an Intermodal Park.
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Interim County Attorney Burton advised that, by statute, the County is
required to hold a public hearing on the proposed transfer of property from
the County to the Isle of Wight County Industrial Development Authority for
use as an intermodal park. He certified that the matter has been properly
advertised.
Chairman Clark called for persons to speak in favor of or in opposition
to the issue.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the Deed of Bargain and Sale. 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. Ordinance to Amend and Reenact the Isle of Wight County Code
by Adding Article IV, Feral Cats to Chapter 3, Animals and Fowl
Interim County Attorney Burton advised that the following
amendments have been incorporated in the proposed Ordinance: The title
changed to reflect that it is an Ordinance; on page 2, the $5 fee is spelled out
in written form and placed in parentheses; and, on page 4, Article IV is one
(1) section. He certified that the matter has been properly advertised.
Chairman Clark called for persons to speak in favor of or in opposition
to the proposed amendment to the Ordinance.
Mary Connell, 12 Wenley Circle, Smithfield, requested that the cap of
20 feral cats in a colony be revised; that existing colonies be grandfathered;
that the County impose a civil penalty versus a criminal sanction; that a
person have 7-10 days to respond to a violation; and, that feral cat colonies
be allowed on public property. She remarked that the Humane Society has
been assisting feral cat colonies managers over the past ten (10) years and
she recommended that the County utilize the Humane Society as a resource
to work with the public and run the feral low-cost spay-neuter vans.
Nicolas Lacausee, 14041 Foursquare Road, spoke in opposition to the
proposed new regulations noting that, if implemented, would result in him
being removed from the caregiver title.
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Nancy Demingmay of Carrollton, member of the Humane Society and
caregiver of a registered cat colony in the County, recommended that the
County impose civil penalties versus the proposed Class IV misdemeanor
penalty; that a fine of less than $50 be imposed; and, that a colony be
allowed on public property. She further cited concern with the size
restriction of the cat colonies and, with respect to the required written
permission from the property owner, she recommended that the language be
changed to ?make every reasonable effort to obtain permission from the
property owner.?
Arthur J. Feeley, III, 901 Smithfield Boulevard, expressed opposition
to the proposed Class IV misdemeanor. He remarked that the County would
be better served by utilizing the Humane Society in conjunction with the
COPS technology grant which will provide Animal Control Officers with
increased safety and reporting capabilities.
Chairman Clark noted that various emails and letters have been sent to
the Board members which will remain a part of the record.
Gail Furman, 22534 James River Drive, recommended that the Board
impose a civil fine this year which can be changed to a Class IV
misdemeanor next year if there are any problems. She further recommended
that the Board grandfather the existing colony number with the
understanding that the number of the colony will be decreasing over time.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the Ordinance be postponed until the
Board?s November 5, 2008 meeting to allow the Board additional time to
consider the comments offered today. 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 the Isle of Wight County Board of
Supervisors, owner, and the Isle of Wight County Parks and
Recreation Department (applicant) for a Conditional Use Permit
to allow for a public park and recreational area on 52 acres of
land located at the intersection of Tyler?s Beach Road (Rt. 686)
and Woodmere Avenue (Rt. 2001) in the Hardy Election
District.
Matthew Smolnik, Planner, introduced the application.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
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Stanley Barlow, 14321 Foursquare Road, remarked that simply
because a developer has donated 50 acres of land to the County does not
mean that it is suitable for development as a public park. He stated that the
soil in the proposed Hardy Park is some of the worst in the County
according to a soil survey that was conducted in 1986. He noted that it
would be very expensive to construct buildings on this type of soil, which is
also poor for crop production and grass. He noted that there is other land
available in the Rushmere area that will drain well and which can be
purchased economically.
Mark W. Furlo, Park Administrator, requested that the conditions
placed on the Conditional Use Permit for this property by the Planning
Commission be removed. He stated with respect to the requirement for a
drainage study, it is staff?s feeling that when the site is properly graded that
there will be little or no ponding water. He advised that it is understood by
engineers that have experienced grading sites similar to that in the proposed
Hardy Park that the current project adequately addresses the drainage for the
site and that a soil report is also available for use from the Lawnes Pointe
development project which illustrates that the soils are adequate to do what
needs to be done at the proposed park. He stated with respect to the traffic
impact analysis, the Park, fully built out with a recreation center, should
generate a maximum of 50 trips during peak hours and, according to VDOT
traffic counts, there is currently only 30 vehicles in a peak hour traveling
through the neighborhood. He advised that staff is also seeking
administrative approval for the future site plans for future amenities for the
proposed park and that the Hardy Park Master Plan has already gone through
the public process.
Supervisor Brown commented that the soil at the proposed park
contains certain qualities which make it less than desirable to use as a public
park. He recommended that a site study be conducted before any additional
funds are committed to this project.
Supervisor Bradshaw commented that a soil study can be conducted
by the Farm Service Agency free of charge to the County.
Supervisor Brown recommended that two (2) soil studies be
conducted that could collaborate each other. He noted that the soil study
conducted on the Lawnes Creek Subdivision indicated that the soil would
perk, however, it did not perk and that development was forced to proceed
with the installation of a unique sewage system.
Mr. Furlo advised that the developers of the Lawnes Creek
Subdivision had proffered that the County could connect to their sewage
system and that staff intends to pursue that.
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Interim County Attorney Burton advised that the sewage system has
been approved, however, it is not operating at this time because there is only
one (1) home.
It was the consensus of the Board that a soil survey is needed before
proceeding with this project and that staff should begin by obtaining a soil
survey from the Farm Service Agency.
Chairman Clark remarked that the traffic impact analysis conducted in
association with the Lawnes Creek development should still be valid and
that he did not believe that the County needed to go through the expense of
conducting another traffic impact analysis.
Mr. Furlo advised that staff would like to begin the grading of several
acres which were logged two (2) years ago because of a concern with
wetlands due to the trees not being there to absorb the water. He advised
that the funds to conduct this work are available and the work could be done
under a land clearing permit.
Chairman Clark closed the public hearing.
Supervisor Bradshaw moved that the application be postponed until
the Board?s November 20, 2008 meeting and that staff be directed to obtain
a soil analysis by the Farm Service Agency. The motion was adopted by a
vote of(4-1) with Supervisors Bradshaw, Brown, Casteen and Wright voting
in favor of the motion; and, Chairman Clark voting against the motion.
//
Chairman Clark moved that the Board take a recess. The motion was
adopted by a vote of(5-0) with Supervisors Bradshaw, Brown, Casteen
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of(5-0) with Supervisors Bradshaw,
Brown, Casteen Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Clark called for a public hearing on the following:
E. The application of Cecil R. and Deborah H. Byrum, owners, for
a change in zoning classification from Rural Agricultural
Conservation (RAC) to Conditional-Rural Residential (C-RR) of
approximately 38.5 acres of land, and to Conditional-Rural
Agricultural Conservation (C-RAC) of approximately 21.37
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acres of land located on the south side of Fire Tower Road (Rt.
644), the south west side of Tar Road (Rt. 645), and the west
side of Garrison Drive (Rt. 646), in the Carrsville Election
District. The purpose of the application is for four (4) new
single-family residential lots, as conditioned.
Sandy Robinson, Planner, presented the application and noted that a
letter of support had been placed at the Board?s seat prior to the
commencement of the public hearing.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
William Riddick, Attorney, advised that the applicant had acquired the
subject tract of land, which was part of the original family farm, from
Sustainable Forest. He stated that the applicant is proffering a cash proffer
of $11,189; that lots 1 through 4 will have shared driveways in order to
minimize the curb cuts onto Fire Tower and Tar Roads. He stated that the
proffers also include a provision that there will be no mobile homes and no
further subdivision of these parcels, including family member. He advised
that the 21-acre residue acre is also subject to the condition that it will not
be further subdivided. He stated that while there is no definitive definition
as to what type of wildlife might be in the existing ponds, the applicant has
agreed that there will be no disturbance of these ponds and created a 50-foot
buffer around each to preserve the habitat for whatever species might be
located in and around the ponds.
Elwin T. Sweet, owner of lot 24 on Shady Pond Trail, advised that the
elevation of the proposed lots is flat, causing water from them to run off onto
lots in Shady Pond. He noted that a ditch cut along the roadway is needed in
order to remove the stormwater to a lower outlet. He cited concern that too
much water on his lot could cause it not to pass a perk test should he decide
to sell it in the future. He noted that above-ground septic systems have been
placed on two (2) lots next to his, which create muddy areas. He stated that
he would be in favor of the application if proper drainage is provided to keep
any runoff from crossing onto Shady Pond properties.
Diane Jones, 8175 Shady Ponds Trail, spoke in favor of the
application noting that she is confident that the applicant will address any
drainage issues. She advised that the applicant has begun to clean out the
wooded area to improve access should there be an emergency, as well as
remove any diseased trees to allow for better drainage of the water.
Cecil R. Byrum, applicant, stated that the acquisition of the property
was, on his part, a defensive move for his farming operations. He stated that
he is interested in getting his farm back to its original boundaries prior to
Union Camp purchasing the land in 1980. He stated that the land is a
hardwood plantation and will generate very little income for him in his
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lifetime. He advised that he is working with a professional forester and six
(6) different farm management practices have been implemented, to include
wildlife enhancement, future recreation and tree production. He stated it has
been his family?s goal to hold onto their farmland, however, it is also
important to be able to generate some income from this project due to the
amount of capital and he would like to sell four (4) lots and maintain the
remainder of the farm intact.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
conditioned that there will be no family member transfers allowed from the
four (4) new lots and no further subdivision from the lot labeled residue,
including family member transfers. 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:
F. The application of Benns Church Properties and Isle of Wight
Materials Company, Inc., owners, for a change in zoning
classification from Rural Agricultural Conservation (RAC) and
General Commercial (GC) to Conditional-General Commercial
(C-GC) of approximately 29 acres of land located to the west of
the intersection of Benns Church Boulevard (Rt. 10/32) and
Brewer?s Neck Boulevard (Rt. 258/32) in the Newport Election
District. The purpose of the application is to develop a medical
facility and medical offices.
Interim County Attorney Burton certified that the application has been
properly advertised.
Mr. Smolnik presented the application.
Chairman Clark called for persons to speak in favor of or in opposition
to the application.
Henry Morgan, 22048 Ballard Creek Drive, noted that the property
being discussed is part of a larger tract of land that was the subject of a
rezoning application inMarch of 2008 and in which the developer withdrew
from the project. He continued that the application was subsequently tabled
by the Board at the applicant?s request, which is where it remains as the
applicants seek to amend the scope of the project and find other partners.
He stated that Riverside Health Systems has remained a partner in their part
of the project and is desirous of improving their ability to serve the
healthcare needs of the County?s aging population. He stated that the
proposed application is in response to the Isle of Wight Citizens
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Association?s plea in 2001 imploring Riverside Health Systems to expand
their health presence in the community, particularly at this intersection. He
advised that Riverside Hospital did apply for and did receive State approval
in 2005 for establishing diagnostic services, to include MRI and CT scans,
of which that State approval has a timeframe for Riverside Hospital to act
upon and which is why speedy approval of this application is being
requested.
Tracy Dawling, Administrative Director for Business Development
and Real Estate Services for Riverside Health Systems, advised that the first
phase of the development will consist of 80,000 square feet of primarily
office space. She stated Riverside has a long-standing relationship and has
provided services in the County for some time now and it is that type of
commitment and other types of healthcare services that Riverside Hospital
wants to provide with the approval of this application.
Renee Rountree, Vice President of Trauma and Emergency for
Riverside Hospital, requested that the Board approve the application. She
stated increasing access, choice, competition and quality healthcare should
be the standard for the Board.
Pat Clark, Twin Hill Lane, spoke in support of the application. He
noted that a study conducted by the Senior Services of Southeastern Virginia
showed that there will be more than 10,000 seniors in the County over the
age of 60 by the year 2010. He stated that the County is currently striving to
meet senior?s needs in the County by implementing Christian Outreach,
TRIAD and the Sheriff?s Adopt a Senior Program and the addition of the
proposed medical facility will make it more convenient for seniors to receive
medical treatment on this side of the James River.
Grace Keen, Newport District, on behalf of the Isle of Wight Citizens
Association, stated that the Association has supported Riverside Hospital?s
intentions to locate in the County since they were first announced. She
added that approval of this application is a stepping stone that will make the
Benns Church intersection a special area and that will serve the community
well.
Jean Deprenzio, 112 Lands End Lane, spoke in favor of the application
noting that it will be good for the community because it will offer citizens a
choice in healthcare.
Chairman Clark closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
proffered. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for a public hearing on the following:
G. Resolution of the Board of Supervisors of Isle of Wight County,
Virginia to Recommend Approval of the Comprehensive Plan,
as amended.
Amy Ring, Assistant Director of Planning and Zoning, stated pursuant
to the Board?s direction at its August 7, 2008 meeting, staff has discussed
the latest proposed changes with the Planning Commission at its September
9, 2008 work session, which included the proposed Windsor Development
Service District (DSD) boundary changes and associated text in the body of
the proposed Plan. She advised that the most recent changes in the
document have been outlined for the Board in the agenda.
Chairman Clark 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.
Chairman Clark moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA TO RECOMMEND APPROVAL
OF THE COMPREHENSIVE PLAN AS AMENDED
WHEREAS, Title 15.2, Chapter 22, Article 30 of the Code of Virginia
stipulates that a community?s Comprehensive Plan be reviewed at least once
every five years by the local planning commission to determine whether it is
advisable to amend the plan; and
WHEREAS, the proposed 2008 revisions to the Comprehensive Plan
represent the first comprehensive review of the Comprehensive Plan since
2001; and
WHEREAS, the Isle of Wight County Planning Commission finds it
advisable to amend the Plan to include the most recent information and data;
and
WHEREAS,the Isle of Wight County Planning Commission has given
notice and held a public hearing on the revised Comprehensive Plan on
September 23, 2008, after notice as required by Title 15.2, Chapter 22,
Article 4 and Article 26 of the Code of Virginia; and
15
WHEREAS,the Isle of Wight County Planning Commission
recommended approval to the Board of Supervisors of the revisions to the
Isle of Wight County Comprehensive Plan dated September 23, 2008, with
the recommendation that the environmental features be removed from the
Development Service District future land use maps, and that an
environmental map with the environmental features be included in the next
Comprehensive Plan update; and
WHEREAS, the Isle of Wight County Board of Supervisors has given
notice and held a public hearing on the revised Comprehensive Plan on
October 16, 2008, after notice required by Title 15.2, Chapter 22, Article 4
and Article 26 of the Code of Virginia,
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that the revisions to the Isle of Wight County
Comprehensive Plan dated September 23, 2008 be adopted.
The motion was adopted by a vote of (4-1) with Supervisors
Bradshaw, Brown, Clark and Wright voting in favor of the motion and
Supervisor Casteen voting against the motion.
Following discussion on the importance of having all known landfill
sites, ponds, borrow pits and other potentially environmental sensitive sites
included in the Development Service Land Use Maps, Supervisor Bradshaw
moved that staff be directed to develop a map showing all of the known
landfill sites, active and inactive, holding ponds, borrow pits and other
potentially environmental sensitive sites for incorporation into the
Comprehensive Plan. The motion was adopted by avote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
//
Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by avote 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. Uniformed Law Enforcement Officers? Stipend
Resolution to Appropriate Funds from the Unappropriated Fund
Balance of the General Fund for Uniformed Officers? Stipend
Increase and Benefits Costs for Public Safety Positions
16
B. Identity Theft Prevention Program
C. Application for Grant Funds ? COPS 2008 Technology Grant
Resolution to Authorize the Submission of a Grant Application
and to Accept and Appropriate Funds from the Department of
Justice for the COPS 2008 Technology Grant
D. Endorsement of Bike and Pedestrian Grant Application
Resolution to Endorse the Application of the Department of
Parks and Recreation for a Transportation Enhancement Grant
Battery Park/Nike Park Trail
E. Monthly Financial Reports for County and Schools
F. DEQ/Public Notice Dated September 29, 2008
G. August 21, 2008 Regular Meeting Minutes
H. September 4, 2008 Regular Meeting Minutes
I. September 18, 2008 Regular Meeting Minutes
Supervisor Bradshaw moved that Item (G), August 21, 2008 Regular
Meeting Minutes, be removed and that the remaining items on the Consent
Agenda be approved. 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 Item (G), August 21, 2008 Regular
Meeting Minutes, be postponed until the November 5, 2008 meeting in
order to allow staff an opportunity to revise the language contained in the
Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting §3-6000, §4-4005 and §9-1005 of Appendix B
Pertaining to Zoning. 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 Brown moved that Alison Gale be reappointed to represent
the Hardy 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.
17
Supervisor Brown moved that Janet Robertson be appointed to serve
on the Senior Services of Southeastern Virginia. 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 Katherine Copeland be reappointed to
serve on the Western Tidewater Community Services Board. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for Old Business.
There was no old business offered for discussion.
//
Chairman Clark called for New Business.
William Bell, Secretary of the Electoral Board, briefed the Board
relative to ongoing preparations with the upcoming Presidential election.
He provided the Board with data illustrating that the County now has 25,000
registered voters. He advised that the dress code will be addressed at future
training sections; that all absentee votes will be counted at the Central
Absentee Precinct (CAP) and reported on election night just like other votes
in the County; that the polls will open at 6:00 a.m. and close at 7:00 p.m.;
that there is an action pending with the Justice Department with respect to
the CAP opening at 10:00 a.m. and closing at 7:00 p.m. for all Presidential
elections and 12:00 p.m. to 7:00 p.m. for all non-Presidential elections; that
there will be an attendant directing parking at Carrollton and a flashing sign
in the road to slow down traffic in Zuni; that Public Works employees will
be moving all voting equipment to the various sites with five (5) generators
on standby in case of a power outage; and, that an 80% turnout is expected.
He advised that the Electoral Board is required to advise the Board if there
are 4,000 individuals voting at a particular precinct in a Presidential election
and that the Board then has six (6) months to make the necessary split. He
advised that no jurisdictional lines can be changed in the State after
February 1, 2009. He stated a 67% turnout in Carrollton will require a split
in that precinct and a 69% turnout in Smithfield will require a split in that
precinct. He advised that individuals who run for office in the County can
now utilize the State automated campaign finance system.
18
Interim County Attorney Burton requested that the Board approve a
real estate purchase contract for a thirty-five percent interest (35%) in the
Griffin property.
Supervisor Wright moved that the Board approve the purchase of 35%
in the Griffin 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 requested that the Board approve the
Letters of Intent for the acquisition of twenty-three percent (23%) and
twenty-five percent (25%) in the Griffin property.
Supervisor Wright moved to accept the two (2) Letters of Intent of
twenty-three percent (23%) and twenty-five percent (25%) in the Griffin
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.
Noting a conflict with his calendar, Supervisor Bradshaw moved that
the Board?s meeting scheduled for November 6, 2008 be changed to
November 5, 2008 at 4:00 p.m. The Board hereby adopts the following
Resolution to effectuate the meeting date change and comply with State law:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGINIA
TO CHANGE ITS MEETING SCHEDULE
ADOPTED BY THE BOARD
AT ITS ORGANIZATIONAL MEETING OF
JANUARY 3, 2008
At a meeting of the Board of Supervisors of Isle of Wight County held
pursuant to due notice on the 16th day of October, 2008 in the Robert C.
Claud, Sr. Room, located at 17090 Monument Circle, Isle of Wight,
Virginia, the following action was proposed and adopted:
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has determined that it is necessary to change the meeting schedule
adopted by the Board at its organizational meeting of January 3, 2008; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia took action to change its Thursday, November 6, 2008 meeting to
Wednesday, November 5, 2008 at 4:00 p.m.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight County, Virginia hereby amends
its Meeting Schedule adopted at its January 3, 2008 meeting and changes its
19
Thursday, November 6, 2008 meeting to Wednesday, November 5, 2008 at
4:00 p.m.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Clark expressed exception to a recent editorial in The
Smithfield Times regarding the Board?s decision regarding a single facility
fire station showing little respect to the volunteers. He noted that this Board
is committed to its fire and rescue organizations and that it was only a
matter of finding a better and cheaper way to do the two (2) buildings.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.1 of the Freedom of Information Act regarding
discussion of a personnel matter pertaining to a specific public employee.
Supervisor Brown moved that the Board enter the Closed Meeting for
the reason stated. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the following Resolution be adopted:
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.
20
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
Supervisor Casteen moved that staff be directed to move forward with
the RFP?s on the Museum basement renovation, which must be 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.
It was noted that the Museum Foundation is sponsoring a hard hat
opening at the Museum on Friday, October 24, 2008 from 7:00 p.m. until
9:00 p.m. and that the County?s ceremony for the Museum opening will be
held on Saturday, November 15, 2008 at 3:00 p.m.
//
At 10:00 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, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
__________________________
Stan D. Clark, Chairman
______________________
Carey Mills Storm, Clerk
21
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