12-04-2008 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH DAY OF DECEMBER 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
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Chairman Clark called the meeting to order at 4:00 p.m.
Chief Animal Control Officer Sullivan showed a dog currently up for
adoption at the County's animal shelter.
Supervisor Casteen delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Clark called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Add a Special Presentation by David Rose, the County's
financial advisor, on the results of the $25,000,000 bond sale which occurred
today; under the County Attorney's Report, add a request for a public hearing
to amend the budget to appropriate funds for the purchase of Cluster 1 and 2
for the PACE Program, Animal Shelter, Smithfield Fire Station and Isle of
Wight Rescue Squad; under the County Attorney's Report, add a request for
a public hearing for the proposed Lease Agreement with the Carisbrooke
Homeowners Association; under the County Attorney's Report, add a request
for a public hearing to amend the Subdivision Ordinance; under the County
Attorney's Report, add a Resolution to appropriate $595,000 to purchase a
thirty five percent (35 interest in the Griffin property; add a request for
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Angela Gank
Commissioner of Revenue
5
Andrea Clontz
County Administration
5
Diane Jones
Emergency Communications
5
Travis Dortch
Emergency Communications
5
Brett Abraham
Emergency Services
5
Edward "Budd Kea
En. ineering Division
5
Mary Hood
Historic Resources Division
5
Kari Sletten
Information Technology
5
Nathan Etheridge
Public Works
5
Willie Davis
Public Works
5
Trissy Taliaferro
Public Works
5
Carlos Batten
Public Works
5
Vernetta Grant
Sheriff's Office
5
Jason Turner
Sheriff's Office
5
Debbie Sivertson
Historic Resources Division
10
Kelly Harcum
Parks Recreation
10
Gary Brown
Sheriff's Office
10
Randy Patrick
Sheriff's Office
10
Kevin Taylor
Sheriff's Office
10
Gayla Phillips
Treasurer
10
Cyndi Wellman
Information Technology
15
Zenobia Williams
Parks Recreation
15
Donnie Brown
Sheriffs Office
15
Billy Hall
Sheriff's Office
20
Charlie Phelps
Sheriff's Office
20
Eileen Smith
Sheriff's Office
20
Gerald Gwaltney
Commissioner of the Revenue
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the Chairman to depart from the agenda upon the arrival of Donald Hart,
President of the Virginia Association of Counties, so that he may address the
Board; under the Transportation Report, add a request for improvement of
Strawberry Plains Road; and, under the Closed Meeting, add one (1) item.
Supervisor Brown 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.
David Rose, Davenport Company, reported on the $25,000,000 bond
sale that occurred today on behalf of the County, noting a savings to the
County of $6.5 million in interest over the next 23+ years.
Chairman Clark presented the following employees with Employee
Service Awards:
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Missy Schmidt, Communications Manager, Hampton Roads
Partnership, briefed the Board relative to that organization's regional
activities.
Supervisor Wright commented that all localities should be working
together for the benefit of the whole region. He noted that the City of
Virginia Beach is unable to control its growth and the County's trash tipping
fees are increasing, but Virginia Beach is capped out. He commented that the
water pipe line constructed through the County has caused damage to certain
farms and caused affected farmers to be unable to recover. He commented
that the power line now being laid through the County is causing damage to
County farms and that there will be no recovery for these farmers either
because the line will always be there and because Virginia Beach is unable to
control its growth, yet it is collecting all the taxes, while the County is paying
the burden. He noted that the military now wants to locate an Outlying
Landing Field (OLF) and interrupt the County's lifestyle, all because of the
City of Virginia Beach.
Supervisor Bradshaw remarked that the Partnership has played politics
in order to get the Transportation Authority approved. He remarked that the
City of Virginia Beach is not paying the same tipping fee as the County's
citizens and the Board is forced to place this financial burden on the County's
real estate tax rate because counties do not have the same meals and
occupancy taxes to rely on that Virginia Beach enjoys. He commented that
he has always been a strong advocate of regionalism and that he believes now
is the time that the Partnership relays that message.
Chairman Clark requested Ms. Schmidt to relay the concerns noted by
Supervisor Wright to the Partnership's staff and that he would air Supervisor
Wright's concerns with respect to how the County feels that it has been taken
advantage of with respect to power lines, SPSA and water issues. He
remarked that he did not agree with Supervisor Bradshaw's comments about
politics and the Transportation Authority.
Dr. Mary Mahaffey formerly introduced Diane Pollard who addressed
the initiative of partners in education.
Supervisor Bradshaw requested Mr. Robertson to provide assistance
with respect to publicizing the initiative on the "County Beat" program.
Yvonne Hilliard- Bradley, Assistant Library Director of the Blackwater
Regional Library, formally introduced the Managers of the Carrollton,
Windsor and Smithfield branch libraries and provided a PowerPoint
presentation on programs, services and usage at the Isle of Wight branches.
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Chairman Clark called for Regional Reports.
Supervisor Brown reported that the focus of the most recent meeting of
the Southeastern Public Service Authority was on strategies to cope with the
shortcoming of future funding. He advised that tipping fees are anticipated to
increase due to SPSA not having the quantity of trash projected. He noted
that the SPSA Board of Directors is waiting to see what the Cities of Suffolk
and Virginia Beach are going to do. He noted that a recent report had
indicated that it was a mistake to have prearranged agreements with hosting
communities. He commented that the City of Suffolk was able to dispose of
all its excess debris for free when the last hurricane hit this area.
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Chairman Clark called for Transportation Matters.
Kristin M. Mazur, County Engineer, recommended that the Board
adopt the Resolution of the Board of Supervisors of Isle of Wight County
Giving Notice of Their Intention to Abandon Route 1608 (Piney Grove
Street) contained in the agenda. She notified the Board that the previous
Resolution adopted by the Board had not been in compliance with VDOT
standards.
Supervisor Bradshaw moved that the following Resolution be
adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, GIVING NOTICE OF THEIR INTENTION TO
ABANDON ROUTE 1608 (PINEY GROVE STREET)
WHEREAS, the Isle of Wight County Board of Supervisors, following
a regular meeting on December 4, 2008, giving notice of their intention to
request the Virginia Department of Transportation to abandon Route 1608
(Piney Grove Street), from Lynn Road to Dead End, a distance of 0.13 miles;
and
WHEREAS, Route 1608 serves no public necessity and is no longer
necessary as a part of the Secondary System of State Highways; and
WHEREAS, the Board of Supervisors acknowledges its willingness to
hold a public hearing if requested by the Commonwealth Transportation
Board or any citizen that uses the road within thirty days following the
publication of this notice of intent; and
NOW, THEREFORE, BE IT RESOLVED, the Engineering
Department's staff is directed to post and publish notice of the Board's intent
to abandon the aforesaid section of Route 1608, pursuant to Section 33.1 -151
of the Code of Virginia of 1950, as amended; and
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BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Commissioner of the Virginia Department of
Transportation.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw further moved that Strawberry Plains Road
(Route 681) be placed on the Unpaved Roads List/Candidates Roads List as
project #15. 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.
Responsive to Supervisor Brown's request for clarification on the
"Change green arrows to permissible yields at Smith's Neck Road and
Brewer's Neck Boulevard, Kristen M. Mazur, County Engineer, explained
that the rationale behind a green arrow being changed to a green ball is that it
has been found that accidents increase during the transition period.
Chairman Clark remarked that it did not make sense that a competent
driver could not make a safe left turn at a green light at the intersection of
Smith's Neck Road and Brewer's Neck Boulevard. He commented that he
has only seen one accident in his lifetime at that intersection and it is not an
unsafe intersection. He stated that under VDOT's rationale, once a turn
signal is there, it can never be changed because of that transition period.
Ms. Mazur advised that there has been one signal that has been
changed in the City of Suffolk on Route 10 at the YMCA and accidents did
occur there initially, but it can be done.
Supervisor Brown advised that the shallow ditches at Tyler's Beach
Road do not drain adequately in certain areas. He inquired how
encompassing the County-wide drainage plan is for the Newport District.
Ms. Mazur advised that she did not anticipate the study to include the
County's entire roadway network, however, this could be included in the
scope of work, but doing so would increase the project costs. She advised
that staff will first analyze what specific areas are having problems with poor
storm water management.
Supervisor Brown advised that when VDOT graded Holly Point Road
it closed the ditches leaving no where for excess water to drain.
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Chairman Clark moved that the Board recess in order to attend the
County's Annual Tree Lighting Ceremony. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Clark moved that the Board return to the regular order of the
agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Supervisor Brown inquired about the preliminary study with respect to
Owen's Estates and the flooding that is occurring in the roadway.
Mac Neblett, VDOT Residency Administrator, advised that a
preliminary study has recently been completed by VDOT which revealed that
underground piping could be involved at certain locations, which may be as
deep as six (6) or seven (7) feet that would lead the water to the stormwater
management pond which flows into the creek bed. He offered to contact
Supervisor Brown and meet with him at the site.
Chairman Clark called for Citizens Comments.
There were none offered.
Donald Hart, President, VACo, stated his goal as President is to visit
and be accessible to all 95 Virginia counties. He advised that he has already
begun to meet with the Governor, Speaker, members of the House and
Senate, in an effort to mediate solutions to common problems. He noted the
focus is on stopping unfunded mandates and equalizing the counties with
towns and cities. He advised that he has already met with Federal
representatives and he intends to meet with members of Congress. He noted
that letters have been sent to President Bush, President Elect Obama and the
entire Congressional congregation, both old and new members, to get them to
recognize that any future stimulus package could be very well served if some
of those funds are sent to localities. He requested that counties stay
informed about VACo benefits and services; utilize VACo's procurement
process; and, participate in VACo's steering committees. He noted that if all
localities stand together, much can be accomplished. He invited all to contact
him or VACo with suggestions, concerns, solutions and criticism.
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Chairman Clark called for the County Attorney's report.
Interim County Attorney Burton requested permission to advertise a
public hearing to amend the budget to appropriate funds for the purchase of
Cluster 1 and 2 for the PACE Program, the Animal Shelter, the Smithfield
Fire Station and the Isle of Wight Rescue Squad.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the budget amendment 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 requested permission to advertise a
public hearing for the proposed Lease Agreement with the Carisbrooke
Homeowners Association.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the Lease Agreement 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 requested permission to advertise a
public hearing to amend the Subdivision Ordinance.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to advertise the amendment to the Subdivision Ordinance 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 requested that the Board adopt a
Resolution to Appropriate $605,000 to Purchase a Thirty-Five Percent (35
Interest in the Griffin Property.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR LAND ACQUISITIONS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the acquisition of a 35% interest in real property
commonly referred to as the Griffin property, but more specifically identified
as Tax Map Parcel Numbers 54- 01 -070A and 53- 01 -082A; and,
WHEREAS, funds up to the amount of six hundred five thousand
dollars ($605,000) need to be appropriated from the Designated Fund
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Balance of the Capital Projects Fund to the FY 2008 -09 General Operating
Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that up to six hundred five thousand
dollars ($605,000) from the Designated Fund Balance of the Capital Projects
Fund be appropriated to the FY 2008 -09 General Operating Budget.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton reported that he had met
unsuccessfully with representatives of the Eagle Harbor Shoppes and their
attorney concerning their modification request to the tower /dome at that
shopping center in an attempt to resolve a difference of opinion. He
recommended that the Board deny the modification request as Mr. Wheeler
has been unwilling to make any additional proposals as far as changes in the
design.
Attorney Watkins White, Kaufman Canoles, remarked that the
option of utilizing a painting technique had been offered to the Board on
August 24, 2008 in regards to its concerns with the dome and tower structure.
She advised that following meetings with Interim County Attorney Burton,
her client had decided that the painting technique was the most viable option
in addressing the Board's concerns. She advised that her client also believes
that he has put forth an honest effort in terms of resolving the issues,
although the County is not in favor of those options. She noted that the tower
and dome structure had been bonded in the amount of $51,000, in order to
allow her client to move forward until there was a final resolution with the
Board; however, because it has been determined by staff that her client not
move forward, it does seem pointless for her client to have even offered the
bond. She stated that she believes that the architectural requirements being
imposed by the Board exceeds the County's authority.
Interim County Attorney Burton advised that the shopping center is
located in the Newport Development Service Overlay District and that the
Board has established certain architectural design standards for that district.
He noted that when the application was submitted to the Board, it was done
as part of the site plan review process and was approved by the Board. He
stated that the difference is that what was actually constructed was different
than that reflected in the renderings and documents submitted to the
Inspections Department and that the applicant had never returned to the
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Board to request authorization to make that change. He stated that he
disagreed with Attorney Watkins -White in that he believes that the Board
does have the authority to enforce the County's ordinances.
Chairman Clark moved that the Board deny the applicant's
modification request. 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) matter to
discuss with the Board later during the Closed Meeting.
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Chairman Clark called for the General Services report.
Eddie P. Wrightson, Director of General Services, recalled that the
Board had taken action on August 18, 2008 to approve four (4) tasks
associated with compliance of a Sanitary Sewer Consent Order, of which a
Maintenance Operation Management Plan and a Sanitary Sewer System
Evaluation Survey (SSES) are required to be submitted to the Department of
Environmental Quality (DEQ) and the Hampton Roads Sanitation District
(HRSD) by December 31, 2008. He advised that six (6) of the nine (9)
stations have been completed to date and that there were no excessive
sanitary sewer flows. He stated that the Management Operations and
Maintenance Program (MOM) is a preventive maintenance driven approach
to managing sanitary sewer systems, which will include routine maintenance
tasks for the County. He requested the Board's authorization to submit the
SSES Plan and MOM Plan to DEQ and HRSD.
Supervisor Bradshaw moved that the Board authorize submittal of the
Sanitary Sewer System Evaluation Survey Basin Determination and
Management, Operations and Maintenance Program reports to the Hampton
Roads Sanitation District and the Department of Environmental Quality. 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 there is also an ongoing
Federal issue through the Environmental Protection Agency that has not yet
been resolved.
Chairman Clark called for consideration of the Consent Agenda.
A. Requests for Proposals (RFPs) Employee Health Insurance
Benefits and Workers' Compensation Benefits
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Resolution to Authorize the Solicitation of Proposals for
Employee Health Benefits and for Workers' Compensation
Benefits
B. Requests for Authorization Execute Project Administration
Agreement for the Transportation Enhancement Grant Award
from the Virginia Department of Transportation
Resolution to Endorse the Authority of the County
Administrator to Sign the Standard Project Administration
Agreement for the Transportation Enhancement Grant
Battery Park/Nike Park Trail
C. Application for Grant Funds American Association for State
and Local History
Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Grant Funds
from the American Association for State and Local History
D. Acceptance of Funding Technology Trust Fund
Resolution to Accept and Appropriate Grant Funds from
the Technology Trust Fund
E. Application for Grant Funds The Virginia Department of
Conservation and Recreation
Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Grant Funds
from the Virginia Department of Conservation and
Recreation
F. Costs Associated with Tropical Storm Hanna
Resolution to Appropriate Funds from the Unappropriated
Fund Balance for Costs Associated with Tropical Storm
Hanna
G. New Wells at Courts Complex
H. Isle of Wight County Museum Drainage /Scope of
Services/Funding
I. Monthly Engineering Projects Report
J. Litter Pickup
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Supervisor Wright moved that the Board approve the Consent Agenda,
as presented. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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K. County Policy Amendment
Resolution to Amend the County Policy Manual Chapter 1,
Article VI, Section 6.8
L. Delinquent Real Estate Tax Collection Monthly Report
Chairman Clark called for Appointments.
Supervisor Bradshaw moved that the Board accept Stella Bradshaw's
resignation from the Paul D. Camp Community College Board. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board appoint Patricia Sowell to
finish Stella Bradshaw's term on the Paul D. Camp Community College
Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Clark called for Old Business.
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.
Mark Smolnik, Planning and Zoning, stated pursuant to Mr. Furlo's
request that the application be postponed at the Board's meeting of
November 20, 2008 as a result of the soils analysis not being complete,
included in the agenda is the requested soil report for the Board's
consideration.
Supervisor Brown remarked that a pre- drainage and post drainage plan
has not been developed.
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Mr. Furlow advised that Resource International is being requested to
provide a Scope of Work for a pre- drainage and post- drainage study and have
provided an estimate of $12,500 to analyze the problems and provide
recommendations and $14,750 to design solutions to address the problems.
Supervisor Bradshaw moved that the Board appoint Supervisors Brown
and Wright to serve on the Hardy Park Committee to review the engineering
and site drainage; that they meet with staff and the firm of Resource
International Engineer; and, return with a recommendation 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.
With respect to the issue of storage needs in the Isle of Wight County
Museum, Judy H. Winslow, Director of Tourism, advised that the Museum
reopened to the public on November 15, 2008; however, parts of the museum
collection are anticipated to remain permanently in storage as the size of the
collection exceeds the amount of exhibit space that is available. She noted
that the items stored will be rotated in and out of the Museum to periodically
refresh and /or replace current exhibits. She noted that budgetary restraints
and a lack of clarity about the specific amount of space that will be needed
resulted in funds being allocated only until January 1, 2009. She advised that
previously unspent salary funds in the Historic Resources' budget was
allocated to cover the storage cost. She advised that original planning for
storage space was incorporated during the CIP process; however, it was
subsequently determined that off -site storage is significantly cheaper than the
proposed new construction. She advised that next year's Historic Resources'
operating budget will include those annual storage costs. She recommended
that the Board authorize a transfer of $8,280 from the Contingency line item
to the appropriate line item in the Historic Resources' budget.
Supervisor Casteen advised that there have been approximately 580
individuals to visit the Museum since its reopening.
Supervisor Wright moved that the Board authorize a transfer of $8,280
from the Contingency line item to the appropriate line item in the Historic
Resources' Budget. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
With respect to the issue of the Chowan River Basin Study and gauges
for the Blackwater River, Supervisor Bradshaw advised that gauges will be
placed in the County and in the City of Franklin and that he has received
permission from the property owner to install the gauge on Broadwater Road
(Route 620). He stated in continuation with the Study, there will be a
meeting in Gloucester with the regional committee.
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With respect to VACo, Supervisor Bradshaw reported that he had
recently met with the Governor's staff to express the County's concerns with
the budget shortfall. He advised with respect to public education, textbook
funding will most likely be eliminated, as well as medical insurance for
teachers. He stated that VACo, VML, the Virginia School Board Association
and Virginia Superintendents' Association are requesting that the localities
be able to determine where the cuts will occur rather than the State mandating
certain areas to be cut. He stated that the Governor will present his proposed
budget by December 16, 2008 and he will have a better idea what the impact
will be by the time the Board next meets.
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Chairman Clark advised that Gina Ippolito, Recreation Manager, will
be ending her employment with the County's Parks and Recreation
Department tomorrow. He publicly thanked Ms. Ippolito for her
contributions.
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Chairman Clark called for New Business.
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2- 3711.A.3 of the Code of Virginia for the limited purpose of
discussion regarding the acquisition of real property located in the Carrsville
District.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reason stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor 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,
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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
There was no action taken following the Closed Meeting.
Chairman Clark advised that the Board would be going into a Closed
Meeting again for the purpose of discussing a second matter which should
have been included in the previous motion to go into the Closed Meeting.
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2- 3711.A.3 of the Code of Virginia for the limited purpose of
discussion regarding the acquisition of real property located in the Smithfield
District.
Supervisor Bradshaw moved that the Board enter the Closed Meeting
for the reason stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Wright 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:
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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
At 7:00 p.m., Chairman Clark called for a public hearing on the
following:
An Ordinance to Amend Chapter 5, Elections, Article III, Section 5 -11,
Enumerated and Section 5 -12, Boundaries, to split the Carrollton
voting precinct in the Newport Election District into two separate
voting precincts to be known as the Carrollton and Bartlett precincts.
Mark C. Popovich, Assistant County Attorney, advised that the
proposed Ordinance is responsive to the Electoral Board Secretary's previous
presentation to the Board with respect to the recent Presidential election in
which there were over 4,000 votes cast and which, under the Code of
Virginia, requires that the precinct be split. He advised that the current
Carrollton District is split into two (2) proposed districts along Brewer's
Neck and Route 17 with the new site being proposed for the Carrollton
Ruritans Club although it is located outside the boundaries of the new voting
precinct.
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Chairman Clark called for persons to speak in favor of or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 5. ELECTIONS. ARTICLE III. SECTION 5 -11.
ENUMERATED.
WHEREAS, on December 5, 2008, the Isle of Wight County Board of
Supervisors revised Chapter 5. Elections. Article III. Section 5 -11.
Enumerated in order to designate a new polling place for the newly created
Bartlett Election District; and
WHEREAS, following the enactment of said revision it has come to the
Board's attention that an administrative revision is required for the
designation of the Pons Precinct.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 5. Elections. Article III. Section
5 -11. Enumerated is hereby amended and reenacted as follows:
Sec. 5-11. Enumerated.
The precincts for each election district and the polling place for each
precinct shall be as set forth below:
(a) Carrsville election district.
(1) Camps Mill precinct:
Polling place Otelia J. Rainey Center.
(2) Carrsville precinct:
Polling place-- Carrsville Volunteer Fire Department.
(3) Walters precinct:
Polling place Walters Ruritan Building.
(4) Zuni precinct:
Polling place -Zuni Ruritan Building.
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(5) Raynor precinct:
Polling place -Mt. Sinai Baptist Church
14165 Racetrack Road, Ivor, Virginia
(b) Windsor election district.
(1) Windsor precinct:
Polling place Windsor Volunteer Fire Department.
(2) Orbit precinct:
Polling place Woodland United Methodist Church Social
Hall.
(3) Courthouse precinct:
Polling place -Isle of Wight Ruritan Building.
(c) Hardy election district.
(1) Pons precinct:
Polling place -Mt. Tabor Church of God and Christ
13468 Waterworks Road
Smithfield, Virginia
(2) Rushmere precinct
Polling place Rushmere Volunteer Fire Department.
(d) Smithfield election district.
(1)
(1)
Smithfield precinct:
Polling place Smithfield Center.
(e) Newport election district.
Carrollton precinct:
Polling place Carrollton Nike Park.
(2) Bartlett precinct:
Polling place Carrollton Ruritan Building -14138
Norsworthy Drive, Carrollton, Virginia (6- 24 -71, 2; 5-
20-81, 2; 4- 25 -91, 2; 8- 18 -94; 4- 15 -99; 5 -3 -2001, 2;
11 -21- 05;2 -13- 07;12 -5- 08;1- 22 -09.)
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:
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Public forum to allow for public comments and questions about the
Charter Communications cable service to determine what requirements
are needed in order to renew the Cable Services Franchise held by
Charter.
Interim County Attorney Burton advised that the existing franchise
with Charter Communications is ready to expire and that staff has received
correspondence from Charter Communications indicating a desire to renew
the franchise. He advised that the process is a combination of both Federal
and State law as to what steps are required in order to move forward to renew
the franchise.
Attorney Adrian Herbst outlined the process and steps required to
renew the existing non exclusive franchise with Charter Communications
which ends in August of 2010. He advised that Charter issued a notice to the
County in January of 2008 indicating that it would like to renew its franchise.
He advised that the Board must find that there has been satisfactory service
and performance by Charter since the original franchise; that Charter has
complied with all of the terms and conditions of its existing franchise; and,
that Charter has the financial, legal and technical qualifications to obtain a
new franchise with the County. He advised that the County has the right to
identify the future needs and requirements of this community. He advised
that Charter can request that the County negotiate a franchise with them, but
that all Charter has done to date is to request that the County renew its
franchise and that once Charter does that, the County has 45 days within
which to negotiate a franchise or Charter can request that the Board adopt an
ordinance and the process is completed within a timeframe of 120 days. He
recommended that information pertaining to Charter's past performance and
future needs be gathered and that the County negotiate with Charter a new
franchise and develop an Ordinance cable franchise. He explained that the
ordinance does not only apply to Charter Communications, as it sets the
ground rules for anyone else who would like to provide similar services in
the County. He advised that the County needs to obtain certain financial,
technical and operational information from Charter Communications. He
stated the purpose of the public forum tonight is to invite citizens that might
want to make comments to the Board about cable services. He advised in
addition to the forum, he is suggesting that there be a survey conducted to
random households in the County to respond and provide information back to
the County. He advised that the renewal report is the end result of the
gathering of information from Charter, staff and the County's citizenry. He
stated that an outline of the process will be provided summarizing the
information that has been gathered; the County's requirements will be
identified; an Ordinance will be developed for cable franchise for County
review; and, it will be negotiated with Charter Communications. He advised
that the County has the right to specify what a cable provider will provide in
a community and community benefit requirements such as public educational
and government access channels and services to public schools and libraries
in the County. He advised that a franchise can be for a period of fifteen (15)
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years and that the County can seek financial support for the public channels.
He advised that with respect to franchise fees, in the past the County received
5% of the gross revenues from the cable provider for the rental of the
County's right -of -way; however, this is by law no longer paid to the County
and instead now goes to the State under a communications service tax which
is lumped together with other types of utility taxes and presumably the State
is suppose to pay it back to the County. He stated that the County can now
adopt customer service standards and be able to enforce those requirements
and the County can require the cable service provider to comply with
construction standards with the right-of-way to ensure that it is not unsightly
and that it does not interfere with other uses of the County's right -of -way and
establish requirements to enforce and administer the franchise. He advised
that the rates and charges are not something that the County can control any
longer and that the County can not decide specific programs, but it can
outline broad categories of programs and services. He advised that the
County can not demand or design their system or their transmission
technology and they have certain rights to modify their franchise if it is
financially not feasible for them. He stated that the County does have the
right to negotiate with the cable service provider that the design of the system
is such that it has a capacity to meet future needs of the community. He
advised that Interim County Attorney Burton possesses a process outline and
timeline for the Board's reference in development of the renewal report and
negotiating a new franchise agreement with Charter over a reasonable
amount of time.
Responsive to Chairman Clark's inquiry about the possibility of
another cable company other than Charter Communications providing cable
service in the County, Attorney Herbst advised that there is a presumption of
renewal and that the County has the burden of concluding with concrete
evidence that the four (4) findings discussed earlier have not been met before
the Board can deny a franchise and that by having a master Ordinance, it
establishes the guidelines for others that may be interested in providing cable
service in the County. He explained that if the County and Charter
Communications can not come to a conclusion, there is an administrative
hearing process to determine whether or not there is a basis for the decision
made by the County to deny.
Supervisor Wright inquired if it is possible to impose a requirement on
the franchise with respect to the number of homes that must be served within
a certain distance. He commented that the County is rural in nature and may
only have two (2) homes in a one (1) mile radius, but those homeowners may
wish to have cable service. He expressed a desire for all County residents to
have access to cable, if they so choose.
Supervisor Bradshaw commented that Charter Communications has not
been cooperative in the past with respect to expanding the cable service in the
County. He noted that Charter Communications has also not provided the
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County with a map illustrating where the service is being provided in the
County, although the Board has requested it.
Attorney Herbst advised that Charter Communications is required by
law to provide a map of its service area as requested in the letter from the
Chairman, a copy of which is included in the packet supplied by the Interim
County Attorney.
Supervisor Bradshaw commented that he wants the entire County to
have access to cable service.
Attorney Herbst advised that with respect to build out, the law states
that the County can require build out to 30% of the community within a
certain number of years; 50% within a certain number of years; 70% within a
certain amount of years; and, after ten (10) years, up to 80% of the
community. He advised that the Federal Communications Commission has
adopted franchising orders which addresses the issue of build out and
provides reasonable build out requirements. He advised that if the cable
provider has market success in the area that it is providing service, then the
County can require that they extend their cable system. He stated the second
factor involves whether or not it is reasonable to require Charter to extend
service to an area where there are only two (2) homes that will subscribe to
the service.
Supervisor Bradshaw commented that the County and the cable service
provider could possibly collaboratively work together to determine the cost
and whether or not the County could fund a portion of that cost.
Chairman Clark called for persons to speak in favor of or in opposition
to the cable service provided by Charter Communications under the existing
franchise agreement with the County.
David Rice, 205 Jefferson Drive in Smithfield, spoke in favor of the
internet service provided by Charter Communications. He commented that
the television service is not up to par, however, particularly with respect to
high definition. He stated that currently only Channel 3 is in high definition
and that he can not receive NBC, ABC or FOX. He commented that he is
paying more money for less services than those received in Newport News or
Hampton.
Chairman Clark closed the public hearing and called for comments
from the Board.
Chairman Clark commented that staff contacted Cox when Charter
Communication's franchise expired with respect to Cox providing service in
the County, however, the County's invitation was declined. He inquired if
there are other options available.
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Attorney Herbst advised that due to current economic conditions,
competition has slowed down; however, Charter does realize that there will
again be competition in the future. He stated that the revenue stream
differential itself has made competition much more attractive than in the past.
He suggested that the Board could invite Verizon or some other company in
this area to see if they do have an interest and lay out exactly what the
County is looking for in its renewal report. He advised that one (1) of the
biggest movements occurring today is municipal broadband and many local
governments are beginning to develop their own broadband systems either
themselves financially or by developing a joint partnership.
County Administrator Caskey requested that the Board keep in mind
that the Towns of Smithfield and Windsor also have franchise agreements
with Charter Communications.
Attorney Herbst noted that he would need to review the separate
franchise agreements with the Towns to see if they could possibility be
bundled together with the County's. He stated with respect to the critical
issues of density and build out, the Board will need to discuss how that can
be done with a technical person so that the County is on level footing with
Charter Communications. He stated if there are distance requirements in the
County, there is the possibility of interconnecting areas through a
microwave -type system or some other creative solution.
County Administrator Caskey inquired if there could be a lapse of
service if the Board chooses to terminate its franchise with Charter and go
with another franchisee.
Attorney Herbst advised that there could be a lapse of service and that
only one (1) out of 1,000 communities have actually proceeded down that
path as the matter is normally resolved beforehand. He advised that if the
County does have complaint issues, customer service problems or violations
of the County's ordinance, the Board must provide Charter with a notice and
an opportunity to cure those issues; otherwise, it can not be used as a legal
basis to deny Charter.
Chairman Clark moved that the County Attorney and County
Administrator work in conjunction with the County's consultant and bring
back a report at the Board's February 19, 2009 meeting with respect to a
course of action. 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 Clark moved that staff be directed to reconstruct the
complaints that the County has received with respect to Charter over the last
five (5) years and staff begin documenting any complaints forthwith. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
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Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Clark advised that the Board of Supervisors' meetings are
now on CDs and available at the various libraries.
I/
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, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
Carey lls Storm, Clerk
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Stan D. Clark, Chairman