11-05-2008 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF NOVEMBER 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
Chairman Clark called the meeting to order at 4:00 p.m.
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Supervisor Wright delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chief Animal Control Officer Sullivan and staff showed several
puppies which were being offered for adoption.
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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 three (3) Closed
Meeting items; under the County Administrator?s Report, add consideration
of the Board Retreat agenda; under the Closed Meeting, add one (1) matter
pertaining to the acquisition of property, per the request of Supervisor
Wright; and, under New Business, add one (1) matter, per the request of
Supervisor Wright.
Supervisor Bradshaw moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for Special Presentations/Appearances.
Michael W. McPherson, Superintendent of Isle of Wight County
Public Schools, advised that the School Board has been notified by the State
that it should anticipate significant reductions in funding next year ranging
from 5% to 15%. He commented that appropriate adjustments have been
made in the School Board budget to address any shortfalls this year, but the
State has since indicated that there may be further reductions in K-12
education. He requested that the Board monitor all legislative bills being
introduced in the upcoming General Assembly session, noting that he
anticipates a number of those bills will affect the ability to provide services
to the students of the County.
Chairman Clark requested that Donald Robertson, in conjunction with
Katherine Goff, monitor all legislation being introduced in the upcoming
General Assembly session and advise the Board accordingly.
Chairman Clark invited Dr. McPherson to attend an upcoming Mayors
and Chairs luncheon meeting scheduled for December 19, 2008.
Supervisor Bradshaw moved that the order of the agenda be amended
and that Item (K), Preliminary Site Plan Application of the Isle of Wight
County Board of Supervisors to Allow for the Construction of a 2-Story,
47,824 Square Foot Courts Facility, be removed from the Consent Agenda
for further discussion at this time. 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.
Beverly H. Walkup, Director of Planning and Zoning, presented Item
(K): Preliminary Site Plan Application of the Isle of Wight County Board of
Supervisors to Allow for the Construction of a 2-Story, 47,824 Square Foot
Courts Facility.
Supervisor Bradshaw made reference to a letter that the Board had
received from the Chairman of the Planning Commission listing various
concerns relative to the proposed courts facility following the Planning
Commission?s recommended approval of the preliminary site plan.
Supervisor Brown elaborated that responsive to a concern that there
was little consideration given with respect to the handicapped and the
distance of the parking lot from the building, the project?s construction
manager had pointed out that there will be elevators to accommodate the
handicapped and access to public records would be easily attainable. He
advised that there was also a concern noted with safety, which had been
addressed by the Judges and Sheriff?s office personnel. He remarked that
the Planning Commission members felt that they had done as much as they
could with respect to the proposed floor plan of the courts facility.
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Ms. Walkup advised that certain homeland security issues must be
addressed with respect to the issue of the distance between the handicapped
parking spaces and the front of the facility. She noted that distances
between uncontrolled parking and vehicular access for drop-offs to any
public building is required to be 82 feet. She noted that staff has reviewed
the floor plan and had not identified any weaknesses in its staff report. She
advised that the landscaping waiver being requested was approved (7-1) by
the Planning Commission and the site plan was recommended for approval
by the Planning Commission (6-2). She advised that the Historical Review
Committee has also approved the site plan and rendering, as well as certain
secured entrance awnings for the building and the site for the water tower.
Supervisor Wright remarked that the southbound turn lane will create
a bottleneck when the Isle of Wight Academy school year is in session. He
continued that it would be wiser to build the road according to what will be
needed to handle the traffic in the next five (5) to ten (10) years. He
commented that he would like Route 258 to consist of four (4) lanes in front
of the courthouse.
Bruce Bruchey, Powell Management Associates, advised that a left-
turn lane by the new entrance would increase the cost of the new courts
facility project by $150,000-$200,000. He further advised that the turn lane
is not warranted by current traffic conditions; however, the need for a turn
lane will need to be reevaluated in the future as development occurs. He
advised that a new right-turn lane is being proposed heading south to
Windsor for the new entry and exiting the new courthouse entrance road
making the right-hand movement going south to Windsor there is also a turn
lane and taper proposed.
Supervisor Bradshaw remarked that staff must address any traffic
needs prior to the intermodal park being developed.
Ms. Walkup noted that by that time, an additional traffic impact
analysis will be done and it may be warranted at that time.
Chairman Clark moved that the preliminary site plan for the Isle of
Wight Courts facility be approved by 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 moved that the landscaping waiver be approved by
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.
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Chairman Clark called for Regional Reports.
Supervisor Brown reported that the recent meeting of the Mayors and
Chairs meeting involved the newspapers reporting on recent homicides and
crimes and not balancing it out with positive events.
Supervisor Brown reported that the focus of the most recent meeting
of the Social Services Board was spent evaluating the performance of the
new Director of Social Services. He advised that the comments from the
Board members will be compiled into a report, which will be provided to
that Board at a later date.
Supervisor Brown reported that the recent audit conducted on the
Southeastern Public Service Authority audit revealed that SPSA staff had
not followed the plan approved by the Authority with SPSA?s Executive
Director and that he would be providing a follow-up report to the Board at
its November 20, 2008 meeting.
Supervisor Bradshaw requested that Supervisor Brown also be
prepared at that time to advise the Board on the current financial condition
of SPSA. He requested that Supervisor Brown relay to the SPSA Board this
Board?s concerns with the Authority?s financial position.
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Chairman Clark called for Transportation Matters.
MacFarland Neblett, VDOT Waverly Residency Administrator,
briefed the Board on the status of the Zuni culvert project. He stated that an
existing conditions model is nearing completion and once it is functioning
properly, VDOT will begin the analysis for a possible solution and estimated
cost.
Mr. Neblett stated with respect to the unsightliness of the chain-link
fence at the James River Bridge and the Board?s desire to improve the
gateway appearance at that location, he will need to investigate if the fence
is located within limited access right-of-way before it can be permanently
removed.
Under the Isle of Wight County Transportation Tracking List,
Supervisor Brown requested that the guardrail, which has already been
installed, be removed from the Hardy District projects listing. He requested
that reflectors be installed within the space between the guardrail to indicate
that it is a long curve.
Ms. Mazur advised that the Piney Grove abandonment resolution
previously adopted by the Board will need to be reformatted to VDOT?s
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format and approved in VDOT?s form and that she would be returning to the
Board with another resolution for consideration after consulting with the
Interim County Attorney.
Mr. Neblett advised that the preliminary design work for the Owen?s
Estates project has been completed. He offered to obtain a set of plans and
review them with Supervisor Brown.
Mr. Neblett advised that VDOT has finished cutting the ditches along
Holly Point Way.
Ms. Mazur advised that the survey for Yellow Rock Road is nearing
completion and once completed, it will be forwarded to VDOT for
acceptance into the State?s system.
Ms. Mazur noted that the County-wide Transportation Plan is being
developed.
Sheriff Phelps relayed a citizen?s request for the installation of a stop
light at the intersection of Berry Hill Road and Route 666 due to the
excessive amount of traffic traveling from the Surry Nuclear Power Plant
and the packing plants. He remarked that trucks are pulling out and making
a left-hand turn back towards Route 258, causing safety issues.
Mary Connell, 12 Wenley Circle, relayed a concern that traffic is
obstructing motorists that are making a left turn onto Route 10 from Route
666.
Chairman Clark moved that staff be directed to contact VDOT and
explore the options, to include flashing lights, rumble strips and a reduction
in the speed limit, available to address the safety issue relayed by Sheriff
Phelps. 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 Citizens Comments.
Mary Connell, 12 Wenley Circle, requested that the Board provide a
grant in the amount of $5,500 to the Isle of Wight Humane Society to assist
with the spay and neutering of 100 feral cats by the Snip Van.
Chairman Clark moved that staff be directed to meet with the Isle of
Wight Humane Society and refer the request for $5,500 to the Budget &
Finance Committee for recommendation back to the Board. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
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Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Herb DeGroft, 15411 Mill Swamp Road, invited the Board to attend a
Veterans Day ceremony scheduled for Tuesday, November 11, 2008 at
11:00 a.m. at the memorial on North Church Street in Smithfield. He
advised that a flag retirement ceremony will follow that same day at 2:00
p.m. at the Rescue Community Building.
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Chairman Clark called for the County Attorney?s report.
Interim County Attorney Burton advised the Board that he is not
prepared at this time to provide the Board with a revised ordinance
pertaining to Appendix B, Zoning, Section 3-6000. He requested that the
Board authorize his office to advertise the matter for public hearing at the
Board?s December 18, 2008 meeting.
Supervisor Bradshaw moved that the County Attorney?s office be
authorized to advertise the revised ordinance for public hearing at the
Board?s December 18, 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 recommended that the Board approve
the August 21, 2008 Board of Supervisors? minutes under the Consent
Agenda which are correct concerning the ordinance pertaining to Appendix
B, Zoning, Section 3-6000 because that is the way that the ordinance
currently reads.
Interim County Attorney Burton requested authorization to set for
public hearing Chapter 1, General Provisions, Section 1-11 Acceptance of
Real Property and Appendix A Subdivisions, Section 3-1 Platting Required
at the Board?s November 20, 2008.
Supervisor Bradshaw moved that the County Attorney?s office be
authorized to advertise the proposed revision 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 authorization to set a public
hearing on Chapter 6, Erosion and Sediment Control, Article I in General,
Section 6-3 Definitions, Section 6-4 Local Erosion and Sedimentation
Control and Article II Plans, Section 6-11 Approval, Etc. at the Board?s
November 20, 2008 meeting.
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Chairman Clark moved that the County Attorney?s office be
authorized to advertise the proposed revision 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 requested authorization for staff to proceed
with a $25 million General Improvement Bond issue for the construction of
a fire station and a new courts facility. He stated that he also needs for the
Board to ratify the action his office has taken to set this matter for public
hearing on November 20, 2008.
David Rose, Rosenberg & Associates, advised that the Board?s
Finance Committee recently discussed the most cost-effective strategy for
funding the County?s Capital Improvements Plan; the proposed new courts
facility; the fire station and other miscellaneous projects. He advised that he
recommends that the County handle these finances in a two (2) part strategy
that contemplates $25 million being done by the end of 2008, followed by
not-to-exceed $10 million in calendar year 2009.
Supervisor Bradshaw moved that the County Attorney?s office be
authorized to advertise a proposed $25,000,000 general improvement bond
issue for the County for public projects included in the Capital Improvement
Plan 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.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to publish the advertisement for publication on November
5, 2008 and November 12, 2008. The motion was adopted by a vote of (5-0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton recommended that the Board adopt
the Feral Cat Ordinance, as revised to reflect a change on Page 4, under Item
(K) which states any person who violates Subsection (B) of this section shall
be subject to a civil penalty not to exceed $150 and under Subsection (B)
which states it is unlawful for a person to maintain a feral cat colony by
providing food and water and other forms of assistance, unless such person
is a resident of the County and has been designated and is currently
appointed a caregiver by the Animal Control Officer.
Supervisor Brown moved that the following Ordinance be adopted:
ANORDINANCETOAMENDANDREENACT
THEISLEOFWIGHTCOUNTYCODEBYADDING
ARTICLEIV.FERALCATS
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TOCHAPTER3.ANIMALSANDFOWL.
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the health and welfare of all animals, domestic and feral,
who reside within Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about respecting the property rights, as well as the health and
welfare, of all residents of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned by the realization of the number of feral cat colonies throughout
the County; and
WHEREAS, in order to better protect the health and welfare, as well
as rights, of all involved the Isle of Wight County Board of Supervisors
believes the feral cat colony population needs to be more carefully
monitored and controlled for the purposes of humanely reducing the feral cat
population, eliminating disease, and reducing feral cat complaints; and
WHEREAS, in order to better control such colonies the Isle of Wight
County Board of Supervisors supports the development of an appropriate
feral cat colony caregiver certification program.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 3. Animals and Fowl. Article
IV. Feral Cats. be enacted as follows:
Sec. 3-27. Unlawful care of feral cats; exception.
(a) For purposes of this Article, the following terms shall have the
following meanings:
(1) The acronym ?ACO? shall mean the Isle of Wight Animal
Control Officer or a designee.
(2) The term ?caregiver? shall mean a resident of Isle of Wight
County, Virginia who has been designated as a feral cat caregiver by the
ACO pursuant to the provisions of this Article, and who accepts
responsibility for expenses associated with providing care to feral cats.
(3) The term ?cat? shall mean a feline over the age of sixteen
(16) weeks.
(4) The term ?feral cat? shall mean any cat that is not or has
never been owned by a person, or was formerly owned and has been
abandoned.
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(5) The term ?feral cat colony? shall mean a group of feral cats
who generally live outdoors and have little or no human contact.
(6) The term ?kitten? shall mean a feline sixteen (16) weeks of
age or under.
(b) Except as provided in this Article, it shall be unlawful for any
person to maintain a feral cat colony by providing food, water, or other
forms of sustenance and care, unless such person is a resident of Isle of
Wight County, Virginia and has been designated as, and is currently
appointed, a caregiver by the ACO.
(c) County residents desiring to provide food, water and other forms
of sustenance and care to feral cats in Isle of Wight County, Virginia shall
annually apply to the ACO to be designated as a caregiver, and every person
so designated shall comply with the provisions of this Article throughout
their term of appointment. There shall be a Five Dollar ($5.00) fee
associated with applying for this designation, per feral cat colony, which
shall be due and payable annually.
(d) Every caregiver shall comply with the following conditions with
respect to feral cats or feral cat colonies for which they are a designated
caregiver:
(1) Provide (i) written permission from the property owner on
whose property the feral cat colony will be located or cared for; (ii) evidence
of reasonable efforts made to obtain the support for the feral cat colony from
all adjacent property owners; and (iii) a good faith estimate of the number of
feral cats and kittens residing in the colony at the time a caregiver?s
designation is applied for.
(2) Assume personal responsibility and make arrangements for
feeding and providing emergency veterinarian treatment as needed to their
feral cat or feral cat colony on a regular basis throughout the year, including
weekends, holidays, and at such times as the caregiver is unable, for any
reason, to provide such care.
(3) Provide regular and frequent trapping of not less than two
(2) times per month, through the use of humane box traps of feral cats and
kittens over the age of eight (8) weeks who have not been spayed or
neutered, vaccinated, and marked as provided herein. The trapped feral cats
shall be spayed or neutered, vaccinated for rabies, and marked by having
their ears tipped by a veterinarian professionally licensed by the
Commonwealth of Virginia. It is also recommended, but not required, that
all trapped feral cats be vaccinated by the veterinarian for distemper and
implanted with a micro chip for identification purposes.
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(4) Make every attempt to remove kittens from the colony
between the age of eight (8) weeks and sixteen (16) weeks for domestication
and placement with a person who is willing to be the owner of same.
(5) If possible, have all trapped feral cats and kittens tested for
feline leukemia and feline immunodeficiency virus; and to have those which
test positive for same humanely euthanized or assure that any feral cat or
kitten known to have an infectious disease is not released to the outdoors.
(6) Maintain, on an individual cat basis, documentation of all
vaccinations, inoculations, medical procedures and sustenance provided to
feral cats under their care, and upon request, to provide such documentation
to the ACO.
(7) Authorize veterinarians attending to feral cats or kittens
under their care to release copies of all medical records with regard to such
feral cats to the ACO.
(8) Maintain protection for the feral cats and kittens sufficient
to shield them from adverse weather conditions, and maintain the
surrounding area free and clear of garbage, trash and debris.
(9) Notify the ACO of the introduction of any new cats to the
feral cat colony.
(10) Insure that a feral cat colony for which a person has been
designated a caregiver does not exceed twenty (20) cats unless reasonably
authorized by the ACO, giving consideration to the size, shape, location and
ability to maintain the feral cat colony on the property.
(e) In the event a caregiver is found by the ACO to have violated
any provision of this Article, or failed to comply with any of its provisions,
the ACO may require the caregiver to cease, desist and rectify their
violation, or terminate their designation as a caregiver, depending on the
severity of the violation. If abatement of the violation is appropriate, the
caregiver shall be issued a notice of non-compliance specifying that the
caregiver has forty-eight (48) hours within which to provide a written
response to the ACO specifying the steps to be taken by the caregiver to
come into compliance with the provisions of this Article within a thirty-day
period. The ACO may grant one (1) thirty-day extension if the caregiver
demonstrates a good faith effort to comply, and the ACO feels that
compliance may be achieved within the thirty-day extension period. The
caregiver shall make an action report to the ACO at the end of each thirty-
day period or when compliance is achieved, whichever occurs first. If the
ACO determines that the violation is sufficiently serious to warrant
termination of the caregiver designation, a notice of such termination shall
be provided to that person.
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(f) If compliance with the provisions of this Article are not achieved
as provided in subsection (d) of this Article, or if termination as a caregiver
is otherwise warranted, the ACO shall cause a notice of termination to be
either personally delivered to the caregiver or mailed to the caregiver by
certified mail, return receipt requested, at the address provided by the
caregiver on their current application for such designation. Compliance with
this subsection by personal delivery shall be effective upon delivery;
compliance with this subsection by mailing shall be effective on the day first
delivered to the recipient's address. Termination of designation as a
caregiver by the ACO may be appealed to the County Administrator's office
by such person by providing notice of the appeal in writing stating the basis
for the appeal within ten (10) calendar days of delivery of the notice of
termination as required in this subsection.
(g) For purposes of this Article, and except as provided in this
section, a person who has been designated as a caregiver shall not be
considered an owner or a custodian of the feral cats for which they are
providing care.
(h) The provisions of this section do not grant to caregivers any
authority to enter upon the property of others without the property owner's
permission.
(i) In the event the ACO becomes aware, either through a complaint
or personal observation, of a feral cat or feral cat colony, he shall make a
reasonable attempt to determine if a suspected feral cat or feral cat colony
has a caregiver who will comply with this section. If, after making such an
attempt, no caregiver is identified or is willing to comply with the provisions
of this section, the ACO shall take all necessary action to obtain permission
from the property owner(s) to enter upon the property to capture and remove
the feral cats, and to dispose of the captured cats in accordance with the
provisions of this Chapter for the disposal of impounded animals.
(j) Neither feral cats nor feral cat colonies may be maintained on
property owned or controlled by the County.
(k) Any person who violates subsection (b) of this Section shall be
subject to a civil penalty not to exceed One Hundred Fifty Dollars ($150.00).
For state law as to authority of the County to place restrictions on
feral cats and feral cat colonies, see Code of Va., § 3.2-6543.
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 a response has been
received from the Voting Right Section of the Justice Department granting
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permission to the County to change the hours of operation for the Central
Absentee Precinct.
Supervisor Bradshaw moved that the Board direct the Clerk to
incorporate the following letter from the U.S. Department of Justice
approving the change in hours of operation at the central Absentee Precinct
in the 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.
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Interim County Attorney Burton advised the Board that the County
currently has a lease with Kirk Timber and Farming Company for land
previously utilized for the Pons polling place; however, the lease does not
contain a termination clause and is not due to expire until October 1, 2011.
He further advised that staff has requested a voluntary termination of the
lease, which the lessor has declined but indicated that they would consider a
time value of money to terminate the lease. He requested the Board
members to advise what direction they would like to take in this regard.
The Board directed Interim County Attorney Burton to continue with
the current lease and request that the building be maintained.
Interim County Attorney Burton advised that he had seven (7) items to
discuss with the Board later during the Closed Meeting.
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Chairman Clark called for the County Administrator?s report.
County Administrator Caskey made reference to information
contained in the agenda regarding a proposed False Alarm Ordinance, which
was included in the agenda for the Board?s information.
Chairman Clark requested County Administrator Caskey to provide a
print out of the number of false alarms that have occurred per residence.
Patrick J. Small, Assistant County Administration briefed the Board
regarding the Isle of Wight County Museum drainage Scope of Services.
Supervisor Casteen moved that the Board fund the $5,464 for a
budgetary reconciliation from the Capital Contingency line item to the
appropriate line item in the Capital Budget; defer action on the $10,945 until
the Board?s November 20, 2008 meeting; and, direct staff to meet with the
Town of Smithfield. The motion was adopted by a vote of (5-0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Mr. Small, pursuant to correspondence sent to Interim County
Attorney Burton relative to the sale of County property in Riverview Park
from a property owner in the Town of Smithfield, advised that it is staff?s
recommendation that the Board not transfer or sell the property. He advised
that the Town of Smithfield?s input was solicited, however, none was
received.
Wen Winslow, GSH Real Estate, stated that the intent of the applicant
is not to build an additional home at that location and that the applicant
would be willing to offer a restriction to the deed stating so. He advised that
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it is the applicant?s desire only to round out that property providing an equal
residential line from James and Cary Streets. He stated that the applicant
has a large family and wants to ensure that there is green space for his and
other children to play on.
Supervisor Casteen recommended that the Board follow staff?s
suggestion and reject the offer.
Mr. Small commented that staff, in the past, had recommended that
the County give the entire property to the Town of Smithfield for its
institutional use.
Supervisor Casteen remarked that the land is currently used as a public
park and, if sold to a private individual, access to it would be restricted.
Interim County Attorney Burton advised that before the County sells
any of its property, a public hearing must be held to solicit public comments.
Supervisor Brown commented that since this is a public park, the
Board needs to hear from the public before it makes a decision whether or
not to sell the property.
Chairman Clark moved to authorize the County Attorney?s office to
advertise the matter for public hearing at the Board?s December 18, 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.
County Administrator Caskey advised that he will be providing the
Board and Dr. Chandler with a packet of materials, to include a copy of the
County?s Strategic Plan and the following requests, which will serve as the
Board?s agenda for its upcoming retreat in December 2008:
. Supervisor Bradshaw requested that utilization of the County?s
PEG channel, PSA programs and internet to advertise public
hearings be added to the agenda.
. Supervisor Brown requested how the transportation impasse and
development pressures will be addressed in the future be added
to the agenda.
. Chairman Clark requested that Ms. Walkup advise which night
Rick Hanson, James City County?s Work Force Housing Officer,
is available to attend the retreat.
. Supervisor Bradshaw requested staff to review today?s Strategic
Plan and the core areas being worked from, to include any
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thoughts on what staff would like to accomplish over the next
two (2) years.
//
Chairman Clark called for consideration of the following Consent
Agenda:
A. Appropriation of Carryover Operating Funding Remaining at
June 30, 2008
. Resolution to Appropriate Funds from the Designated
Fund Balance for the Completion of Various Carryover
Operating Projects
. Resolution to Accept and Appropriate Funds from the
State and Federal Governments for Carryover Grant
Programs
B. Application for Grant Funds ? Virginia Wireless E-911 Services
Board?s PSAP Grant Program
. Resolution to Accept and Appropriate Grant Funds from
the Virginia Information Technologies Agency for the
Wireless E-911 Services Board?s PSAP Grant
C. Additional School Appropriation Requests ? FY 2008-09
. Resolution to Appropriate Additional Funds for School
D. County Policy Amendment
. Resolution to Amend the County Policy Manual Chapter
7, Articles II and III
E. Generator Lease Program/Carrsville Elementary School Transfer
Switch
F. Deviating Work Hours/General Services Department
G. County Holiday Schedule
H. County Fundraising Activity
I. SEMAP Agency Self-Certification
J. Litter Pickup
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K. Preliminary Site Plan Application of the Isle of Wight County
Board of Supervisors to Allow for the Construction of a 2-Story,
47,824 Square Foot Courts Facility
L. Delinquent Real Estate Tax Collection Monthly Report
M. August 21, 2008 Regular Meeting Minutes
Supervisor Casteen moved that Item (M), 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 Bradshaw moved that a resolution appropriating up to
$45,000,000 for the Museum reopening replace the resolution contained in
the motion on Page 43 of the August 21, 2008 minutes appropriating
$195,000 for the Museum basement reconstruction. 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 moved that the name of Ivy be changed to Casteen
on the motion to adjourn the meeting on Page 51 of the August 21, 2008.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved to approve the August 21, 2008 minutes,
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 Appointments.
Supervisor Bradshaw moved to accept the resignation of Nola
Mathews on the Commission of Aging. 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.
//
Henry Bell, Chairman, Electoral Board, addressed the Board on the
issue of splitting the Carrollton precinct. He distributed copies of the
official Presidential election results which reflected that the County had
4,100+ voters and, as such, is required under the Code of Virginia that the
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precinct be split within the next six (6) months. He advised that it is his
understanding that the County has until February 1, 2009 to accomplish this
because after that all jurisdictional and precinct lines will be frozen in
preparation for the 2010 census. He advised that 79% of registered voters in
the County voted.
Supervisor Bradshaw moved that staff be directed to work with the
Electoral Board on selecting another site for the Carrollton Precinct.
Chairman Clark is to be involved in the process. 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.
In recognition of Melanie Goerger?s service to the County as the
Virginia Cooperative Extension Agent-4-H Youth Development and Unit
Coordinator, Supervisor Bradshaw moved that staff be directed to draft a
resolution of appreciation for formal presentation to her. 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.
The application of Edward R. and Sharon C. Lenz, owners, for an
exception to the Chesapeake Bay Preservation Area Ordinance, for
two adjacent lots. 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 each
lot. Lot 59, containing nearly 0.51 acres of land, and Lot 60,
containing just over 0.40 acres of land, are located in the C. L. Obrey
Subdivision on the north side of Lakeview Lane, Carrollton, in the
Newport Election District.
Chairman Clark moved that the applicant?s request to postpone the
application until the Board?s November 20, 2008 meeting 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.
Eddie P. Wrightson, Director of General Services, requested the
Board?s authorization to revise the operational hours of the County?s
convenience centers as a cost savings measure in response to the downturn
of the economy.
Supervisor Wright moved that the new convenience center hours be
approved, effective January 1, 2009. The motion was adopted by a vote of
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(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 recommended that the lights, except those
utilized for security, be shut off at the centers when closed.
In regards to the sewer issues in Eagle Harbor, Chairman Clark moved
that Mr. Wrightson and Interim County Attorney Burton review the options
available with respect to holding others responsible for defective
engineering and other construction mistakes that cause the County serious
issues with regard to providing sewer service to Eagle Harbor. The motion
was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Chairman Clark called for New Business.
Supervisor Wrightmoved that staff, in conjunction with the
Commissioner of the Revenue and the Treasurer, discuss the feasibility of
all taxes being on the Prepay Plan with the Budget & Finance Committee
and that recommendation be brought 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.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711.A.7 of the Code of Virginia for the purpose of
discussion with legal counsel regarding specific legal matters pertaining to
actual litigation; pursuant to Section 2.2-3711.A.7 for the purpose of
discussion with legal counsel regarding specific legal matters pertaining to
actual litigation; pursuant to Section 2.2-3711.A.3 regarding the acquisition
of real property in the Hardy District; pursuant to Section 2.2-3711.A.7 for
the purpose of discussion with legal counsel regarding specific legal matters
pertaining to probable litigation; pursuant to Section 2.2-3711.A.7 for the
purpose of discussion with legal counsel regarding specific legal matters
pertaining to waste collection; and, pursuant to Section 2.2-3711.A.1
regarding a personnel matter relating to a specific public official.
Supervisor Brown moved that the Board enter the Closed Meeting for
the reasons stated by the County Attorney. 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.
18
Supervisor Bradshaw moved that the Board return to open meeting.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw 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.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
Chairman Clark moved that staff be authorized to enact the
compensation package as discussed in the Closed Meeting with regard to
County personnel. 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.
Chairman Clark moved that staff be directed to review the request
from the Commonwealth Attorney?s office for additional funding for a
position and equipment and return to the Board with a recommendation.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
19
//
At 7:40 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.
__________________________
James B. Brown, Chairman
______________________
Carey Mills Storm, Clerk
20
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