03-19-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IN THE
YEAR TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
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 Brown called the meeting to order at 6:00 p.m. and delivered
the invocation.
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The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney's report, add consideration of a
Right -to -Farm lease between Jones Farm, Inc. and Isle of Wight County for
the recently purchased interest in the Griffin property; under the County
Attorney's report, add consideration of a contract between the Isle of Wight
County Board of Supervisors and Kaufman & Canoles, P.C. for the purpose
of collecting delinquent real estate and personal property taxes; under the
County Attorney's report, add a request for authorization to be granted to the
Director of General Services and the Director of Budget and Finance to issue
a County purchase order under State Contract SRM20071009, Part 1, Non -
Professional Construction Related Services, to Powell Management
Associates for construction project management, administration and
inspection services for the new animal shelter; under the County Attorney's
report, add a request by Nathan O'Berry, County Extension Agent, for
funding of a part-time position within his office; under the County Attorney's
report, add three (3) closed meeting items; under Old Business, add
consideration of a Memorandum of Agreement between the County and the
Town of Smithfield regarding the Town providing water service to VDOT;
and, under New Business, add consideration of a 2009 Resolution on the
Spending of Federal Economic Renewal Grants.
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Supervisor Wright moved that the agenda, as amended, 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.
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Chairman Brown called for Regional Reports.
Supervisor Clark reported that the Hampton Roads Metropolitan
Planning Organization (MPO) received a report from VDOT Commissioner
Ekern on proposed reductions within that organization responsive to State
budget shortfalls, which included reductions in mowing operations and safety
maintenance patrols on interstates; a reduction in ferry service in the State,
specifically the Jamestown/Scotland Ferry; and, a reduction in rest areas. He
advised that the Board's opposition to any reduction in service in the
Jamestown/Scotland Ferry had been conveyed at that meeting, as well as at
the Commonwealth Transportation Board meeting in Surry County.
Supervisor Clark reported that the Hampton Roads Planning District
Commission members received information relative to the distribution of
stimulus funds to the various jurisdictions. He advised that the Commission
will be considering Mr. Heuer's proposal that the next round of stimulus
funds be prioritized by the Commission rather than being distributed to
localities based on population.
Chairman Brown reported that he had been briefed by Frank Roberts
on his duties associated with the Hampton Roads Military and Federal
Facilities Alliance. He advised that the Outlying Landing Field (OLF)
remains an active issue.
Supervisor Wright reported that the grand opening for the new location
of the Tourism Department had been held on March 13, 2009 in the old
Wynn Hardware building.
Chairman Brown reported that faster rail service from Washington to
Norfolk was discussed at the most recent meeting of the Mayors and Chairs
Caucus. He advised that the rail will travel through Petersburg, into the
County and terminate in Norfolk. He advised that he had volunteered to
serve on a three (3) member Commission consisting of Mayor Fraim from
Norfolk, Mayor Linda Johnson of Suffolk and himself.
At Chairman Brown's request, Pamela Barton, Director of Social
Services, reported that the concept of shared services between the
Department of Social Services and the County had been discussed at the most
recent meeting of the Social Services Board. She advised that while the
Department of Social Services will continue to review its options with
respect to shared services with the County, that Department does have a
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diverse method for draw down its funds which makes it difficult to combine
their services directly with the County.
Supervisor Clark reported that proposals regarding the Southeastern
Public Service Authority are being considered by the member jurisdictions.
Supervisor Casteen reported that the South Hampton Roads Resource
Conservation and Development Council had met last week without the
benefit of its Chairman being present.
Chairman Brown reported that the representatives of the Southside
Mayors and Chairs had received an overview by Regina Williams, City
Manager, City of Norfolk.
Supervisor Bradshaw advised that he would be participating in a
conference call with the Governor next week to further discuss the Federal
stimulus package.
Supervisor Wright reported that the roof on the Western Tidewater
Regional Jail has been completed and the new Jail Superintendent has been
successful in the clean up of cells and instituting recreation for the inmates.
He advised that additional beds are expected for the Jail facility.
Chairman Brown reported that Supervisor Wright had been appointed
Vice- Chairman of the Western Tidewater Regional Jail Board of Directors.
Supervisor Bradshaw reported that funding requests from the Isle of
Wight Humane Society and the Health Department for the homebound nurse
position had been received at the most recent meeting of the Finance
Committee and that the requests will be placed on the Board's agenda at its
April 2, 2009 meeting for discussion and consideration. He further reported
that the Committee had received an update relative to foreclosures, sales ratio
and the collection rate from the Commissioner of Revenue and Treasurer,
both of which have been requested to provide a presentation to the Board at
its April 2, 2009 meeting. He advised that the Committee also received an
update with respect to Fair sponsorships. He recommended that the Board
schedule a work session to discuss the budget. He advised that the School's
budget will be on the Board's April 2, 2009 agenda for consideration of a
public hearing date.
The Board concurred to meet at 3:00 p.m. on April 2, 2009 (prior to the
regular meeting) for the purpose of discussing the budget. The
Commissioner of the Revenue and Treasurer will be conducting their
presentations to the Board at its 3:00 p.m. continued work session prior to the
commencement of budget discussions by the Board.
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Responsive to a request by Supervisor Clark for a status update on
Yellow Rock Road, Kristin M. Mazur, County Engineer, advised that a
transfer was completed to allow for the relocation of the pole, as well as the
additional survey that is needed. She further advised that Mr. Easter is
working on the transfer of certain deeds.
Supervisor Bradshaw inquired about the possible repair of potholes
along Route 258.
MacFarland Neblett, Waverly Residency Administrator, advised that
work to repair the potholes along the primary roads has been initiated and
should be complete by next week.
Ed Easter of 12224 Hideaway Lane advised that Attorney Jones is
preparing two (2) access easement deeds for VDOT and the County to
Hideaway Lane and the right -of -way that is owned by the Dales directly
across from Hideaway Lane so that there will be a "T' intersection for turn
around purposes and school bus access. He further advised that Attorney
Riddick has established contact with Mr. Keusal and will be proceeding with
the deed correction.
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Aston Lee Wells, Jr. expressed opposition to an increase in taxes as a
result of the Southeastern Public Service Authority's current financial state.
He stated that he is not in favor of the County's recent purchase of the Stoup
property and that he is in favor of the Board discussing all County matters in
open meetings so that the public can be involved in the decision making
process.
Richard L. Turner, 3201 High Point Drive, thanked the Board for the
County's past support of the Red Cross.
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Chairman Brown called for Transportation Matters.
Chairman Brown called for Citizens Comments.
Chairman Brown called for Board Comments.
Regarding the issue of proposed fees for the Tyler's Beach Boat
Harbor, Supervisor Clark moved that discussion of fees be deferred until
January of 2010 due to the downturn of the economy. Staff is to continue
with its research on what other jurisdictions are charging in their respective
localities. 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 Brown called for the County Attorney's report.
Interim County Attorney Burton presented a contract between Isle of
Wight County and CHA, Inc. for professional services to develop a Master
Plan for Nike Park and Heritage Park. He advised that he has reviewed the
contract; approves it as to form; and, recommends that the Chairman be
authorized to execute it on behalf of the Board.
Mark W. Furlo, Parks Administrator, explained the reasoning behind
why the Heritage Park Master Plan is being revisited at this time, noting that
it is primarily due to the number of changes from its original plan. He
advised that the Master Plan for Nike Park is outdated, as well.
Chairman Brown inquired if, with the exception of the base mapping,
staff felt capable of performing the other tasks associated with this project.
Mr. Furlo responded that consultants will be responsible for conducting
public meetings, as well as gathering certain input and data to determine if
the amenities currently planned are still desired. He added that consultants
have expertise in designing athletic fields and parks, which staff does not.
He noted that a restroom building is included in the current year's Capital
Improvements Plan; however, if the Master Plan needs to be deferred until
next year, staff could determine the location of the restroom at that time.
Supervisor Clark moved that the matter be deferred until the Board's
May 7, 2009 meeting to allow the Board an opportunity to conduct a work
session on the budget. Staff is to solicit input from the Departments of
General Services and Planning and 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.
Interim County Attorney Burton presented a proposed revision to
Chapter 11 Motor Vehicles and Traffic, Article II. Motor Vehicles. Section
11 -6. Amount of Tax - Generally to allow for an exemption to the license tax
for former members of the volunteer rescue squads or former members of the
volunteer fire department who have served at least ten (10) years in the
County. He requested authorization for his office to advertise the revision for
public hearing at the Board's April 16, 2009 meeting.
Mark Popovich, Assistant County Attorney, advised the Board that the
revision was presented to the Fire and Rescue Association by the Director of
Emergency Services and the Fire and EMS Coordinator and that the
Association was in favor of the revision.
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Kevin Butler, President, Fire and Rescue Association, advised that the
ordinance revision needs to be further discussed by the Association.
Supervisor Bradshaw moved that the matter be referred back to the Fire
and Rescue Association for discussion and consideration. 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.
The Board took further action on the above matter under the
continuation of the County Attorney's report.
David Rose, Davenport & Company, briefed the Board regarding that
company's recommended approach to perform a selective
refinancing/restructuring of a portion of the County's outstanding debt,
which will provide the County several million dollars in cash flow relief
during the next two (2) budget years. He stated that it is imperative for the
County's fund balance to remain strong and, in light of an upcoming tight
budget, one (1) of the ways to accomplish that is to ensure that the fund
balance is not utilized. He recommended that the Board allow him to move
forward and competitively put into the marketplace requests for banks and
other firms to provide a proposal so that some of the debt can be reduced for
the next several years and that those funds be placed aside, as necessary, as
an insurance policy. He advised that if the responses received from the RFP
are not desirable, the County will not be under any financial commitment to
move forward. He advised that a worse case scenario would cost the County
the equivalent of the cost of issuance, which is $100,000 or less. He stated it
is possible that there will be an element of savings because the interest rates
are lower now.
Supervisor Bradshaw moved to authorize the RFP process, as
recommended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Interim County Attorney advised that the Board should anticipate
receiving the results of the RFP at the Board's April 16, 2009 meeting.
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At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Brown called for a public hearing on the following:
A. Proposed Capital Improvements Plan (CIP) — FY 2010 -2014
Liesl R. DeVary, Director of Budget and Finance, advised that staff is
recommending deferral of the following projects for a one (1) year period for
the Year One Capital Improvement Plan: Pinewood Heights relocation,
PACE program, portable /lockable cages for the Electoral Board and the
sewer station Vac truck due to budgetary restraints. She advised that she was
notified by the Chairman of the Electoral Board that the original cost estimate
for the electronic poll books in FY 2010 can be reduced by $71,000 for a
total cost of $15,000. She advised that the total amended five (5) year CIP is
in the amount of $72,466,605.
Chairman Brown called for persons to speak in favor of or in
opposition to the Capital Improvements Plan.
Herb DeGroft, 15411 Mill Swamp Road and School Board member,
requested that the Board prioritize those items dealing with saving energy on
the Capital Improvements Plan.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the Board delay voting on the matter
until its April 2, 2009 work 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.
Ms. DeVary advised that staff recommends the reallocation of certain
unused capital projects in the amount of $822,356 to either partially fund the
FY 2010 Capital Budget or return the funds to the Unappropriated Fund
Balance due to either the completion of such projects or inactivity of the
capital project.
Supervisor Bradshaw moved, but withdrew his motion, that staff s
recommendation be approved to reallocate certain capital projects to either
partially fund the FY 2010 Capital Budget or return the funds to the
Unappropriated Fund Balance due to completion of projects or inactivity of
capital projects.
Supervisor Bradshaw moved that staff's recommendation to reallocate
the following capital projects to either partially fund the FY 2010 Capital
Budget or return the funds to the Unappropriated Fund Balance due to
completion of projects or inactivity of capital projects be deferred until the
April 2, 2009 work session:
Reserve for community center - T/W
$ Remaining
$ Unobligated
$225,000
Total
$225,000
Capital Project
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Rt. 17 Revitalization
100,000
100,000
Rt. 58 Revitalization
68,035
68,035
Refuse Truck Replacement
$17,075
17,075
Roof Replacement — Windsor VFD
25,000
25,000
Camp Washington
80,135
80,135
Old Jail Renovation
217,111
217,111
Nike Park Soccer Fields
30,000
30,000
Rushmere VFD Engine Replacement
0
60.000
60,000
Total
$72,075
$750,281
$822,356
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 Brown called for a public hearing on the following:
B. The request of Three Coins LLC, owner, and Commonwealth
Engineering, applicant, for a rezoning of Tax Map Parcels 34 -01-
108 and 34- 01 -108B in the Newport Development Service
District from Rural Agricultural Conservation (RAC) to
Conditional - General Commercial (C -GC). Said property,
approximately 8.028 acres, is located on the east side of
Carrollton Boulevard (Rt. 17), south of Sugar Hill Road (Rt. 661)
in the Newport Election District. The proposed use of the
property is for an office condominium and retail development.
Amy Ring, Assistant Director of Planning and Zoning, presented the
application.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
Mitchell Wilcox, Commonwealth Engineering, offered to answer any
questions that the Board may have with respect to the application.
Thomas Finderson, Newport District, expressed concern with existing
traffic movement on Sugar Hill Road when a motorist is making a left turn
onto Route 17. He remarked that it could be ten (10) years before a traffic
light is required and traffic congestion is resolved. He added if a traffic light
is installed, it would make three (3) traffic lights in a row that would
constantly be tripping. He stated that special buffering beyond what is
required in the Zoning Ordinance is important as one (1) of the existing
homes is assessed at $554,600. He stated that while it may be his intent, Mr.
Cohen has only verbally stated that he will reserve the right -of -way instead of
proffering it. He stated that there should be a brick front materials proffer
and rear cinderblock painted and maintained as brick color, as Route 17 is a
major corridor and due to the rear residential properties.
Sharon Hart of the Newport District expressed concern that the large
commercial venture adjoins a high -end suburban estate property. She made
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reference to staff comments on page 7, Item 5, which states that the impact of
construction and permanent changes in land use should be taken into
consideration from the surrounding properties, such as aesthetics, vegetation,
noise and lights. She stated that the conceptual plan shows parking in view
of the back of the commercial buildings which, if approved, will significantly
degrade the quality of life and property values of the newly built
neighborhood. She stated that the 50 -foot easement provided for a connector
road on the back of the property should be in addition to a buffer area. She
noted that the intersection of Cedar Grove Road and Route 17 will be the
main intersection for accessing the proposed site for office and retail. She
noted that Mr. Cohen had previously expressed concern about the potential
for hazardous waste materials at the junk yard that he would be responsible
for removing if he purchased that property. She stated that Mr. Cohen should
be required to provide factual justification of the reasons why his purchase of
the junk yard property is not an option. She stated that the risk of collisions
is significantly increased at the access points to both of the properties. She
stated that the applicant should also be required to justify the degradation of
the level of service from "D" to "E" for the build out conditions on Sugar
Hill Road. She recommended that the applicant be asked to proffer the
250/250 lane length to comply with the new Traffic Impact Analysis and that
it be reviewed again at site plan review. She stated that the project consists
of the development of strip malls and that only the portion falling within the
Cedar Road Neighborhood Center should be allowed. She recommended
that, due to the number of existing commercial sites, the application be
denied. She recommended that the applicant also be asked to proffer that all
internal roadways will meet VDOT standards.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark inquired if the weaknesses identified by staff in the
agenda have been addressed.
Ms. Ring replied that the weaknesses have not been addressed by the
applicant.
Supervisor Wright requested that staff elaborate on Ms. Hart's
comment regarding the location of proposed hazardous waste on the junk
yard property located next to the applicant's property.
Ms. Ring explained that there is an auto parts salvage yard next to the
applicant's property and that the applicant had listed the existence of
potentially hazardous materials as the reason for his not wanting to develop
an access through to the light at the intersection with Cedar Grove Road and
Route 17.
Supervisor Bradshaw inquired if the ten (10) items of concern listed by
the County's Engineering Department have been addressed.
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Ms. Ring replied that many of staff's comments will be addressed
during the site plan process. She added that staff did receive a comment from
the applicant's engineer that the two (2) left -hand turn lanes would be
increased from 150 feet to 250 feet and that the applicant has proffered to
increase the taper and the turn lane length to 200 feet, per VDOT's
recommendation.
Supervisor Clark noted that only two (2) of the nine (9) homeowners in
the adjacent subdivision had been notified of the applicant's application, but
all of those properties will be in site of the back of the proposed application.
He stated that this is an instance in which staff should have exceeded the
requirements and notified all homeowners in the adjacent subdivision about
the proposed commercial application.
Elliott Cohen, applicant, advised that he was requesting a median cut in
between the two (2) projects; however, VDOT had advised that it did not
meet the required distance between the two (2) roads and that staff had
advised him that the u -turn was the correct and safest way. He advised that
he did proffer the 200 foot deceleration lane and taper. He stated with
respect to the traffic count increasing over the years, he assumes that over the
years, the speed limit will also be reduced. He stated that he had previously
submitted an application for an apartment complex, but he was advised that
residential development is not desirable along Route 17. He advised that
parking is proposed around the entire building and that there will be no back
delivery areas. He added that he has proffered to leave fifty (50) feet at the
driveway coming in on the left side of the property so that, if at any time the
County wants connectivity to a road behind his property, it would be there
for the County to utilize. He stated with respect to the junk yard property
next door and the County's desire to have a road going from Cedar Grove
Road directly through the junk yard property, he has approached the property
owner and was advised that he did not wish to sell the property. He advised
that the only residence in the adjoining neighborhood that borders his
property and the vacant lot is located on the back of his property. He advised
that there is a four (4) foot berm and $50,000 in plant materials at the other
shopping center that he developed.
Supervisor Clark advised that he wants all homeowners in the adjacent
subdivision to be notified of the rezoning request so that they will have an
opportunity to speak on any concerns about the application.
Supervisor Clark moved that the request be deferred until the Board's
April 16, 2009 meeting. In the meantime, all weaknesses identified by staff
should be addressed to staff's satisfaction. 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 Clark further moved that staff notify by letter, with enough
specifics, the remaining residents of the subdivision so they understand what
is being proposed and allow them a chance to provide written comments and
report back to the Board if there are already any comments or requests from
those members of the subdivision for any information or maybe additional
public hearing. 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 Brown called for a public hearing on the following:
C. An Ordinance to Amend and Reenact the Isle of Wight County
Code Chapter 16.2 Weapons. By Adding Section 16.2 -2.
Purchase of Handguns by Law Enforcement Officers.
Interim County Attorney Burton advised that the revision to the
ordinance will allow police officers who have twenty (20) years of service or
more to purchase their firearm for $1.
Chairman Brown called for persons to speak in favor of or in
opposition to the Ordinance.
Pete Green, a retired law enforcement officer, advised that in addition
to being allow to purchase his firearm, the City of Norfolk also presented him
with a retired police officers' identification badge and lifetime concealed
weapon permit which gives him the authority to carry a concealed weapon
anywhere in the State of Virginia. He advised that there is also a Federal
endorsement, by qualifying once a year, which allows him to carry a firearm
anywhere in the United States.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the Chairman be authorized to execute the
following Ordinance on behalf of the Board:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
CHAPTER 16.2. WEAPONS.
BY ADDING
SECTION 16.2 -2. PURCHASE OF HANDGUNS BY LAW
ENFORCEMENT OFFICERS
WHEREAS, the Isle of Wight County Board of Supervisors
appreciates the service and dedication to the protection of County citizens
exhibited by the members of the Isle of Wight County Sheriff's Office; and
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WHEREAS, the Code of Virginia provides law enforcement officers
who obtain a certain level of service the option to purchase their issued
handgun.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 16.2. Weapons. be amended and
reenacted by adding Section 16.2 -2. Purchase of Handguns by Law
Enforcement Officers as follows:
Sec. 16.2 -2. Purchase of Handguns by Law Enforcement Officers.
(a) The Isle of Wight County Sheriff is authorized to allow any full -
time sworn law enforcement officer who retires after at least 20 years of
service or as a result of a service - incurred disability to purchase the service
handgun issued to him at a price of One Dollar ($1.00).
(b) The Isle of Wight County Sheriff is authorized to allow any full -
time sworn law enforcement officer who retires with 10 or more years of
service, but less than 20, to purchase the service handgun issued to him at a
price equivalent to the weapon's fair market value on the date of the officer's
retirement.
(c) The Isle of Wight County Sheriff is authorized to allow any full -
time sworn law enforcement officer who is retired for disability as a result of
a nonservice- incurred disability to purchase the service handgun issued to
him at a price equivalent to the weapon's fair market value on the date of the
officer's retirement.
(c) The Isle of Wight County Sheriff is authorized to allow the
immediate survivor of any full -time sworn law - enforcement officer (i) who is
killed in the line of duty or (ii) who dies in service and has at least 20 years
of service to purchase the service handgun issued to the officer at a price of
One Dollar ($1.00).
For state law as to authority of the County to allow the purchase of service
Issued handguns by law enforcement officers, see Code of Va., § 59.1- 148.3.
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 Brown called for a public hearing on the following:
Deed of Bargain and Sale transferring the property recently purchased
from Mr. and Mrs. Whitley from the Board of Supervisors to the
Industrial Development Authority.
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Interim County Attorney Burton advised that the public hearing is to
complete the transfer of the property from the County to the Industrial
Development Authority, which is the entity associated with the intermodal
park.
Chairman Brown called for persons to speak in favor of or in
opposition to the Deed of Bargain and Sale.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Wright noted that it was brought to his attention that the
survey might contain an error.
Lisa T. Perry, Director of Economic Development, advised that she was
unaware of any error.
Interim County Attorney Burton offered to investigate the matter and
ensure that there are no errors contained in the survey.
Supervisor Clark moved that the Chairman be authorized to execute the
Deed of Bargain and Sale 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 Brown called for a public hearing on the following:
Deed of Bargain and Sale transferring the property recently purchased
from Ms. Hughes from the Board of Supervisors to the Industrial
Development Authority.
Chairman Brown called for persons to speak in favor of or in
opposition to the Deed of Bargain and Sale.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the Chairman be authorized to execute the
Deed of Bargain and Sale 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.
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Supervisor Bradshaw 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 Bradshaw 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 the 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.
Chairman Brown called for the continuation of the County Attorney's
report.
Supervisor Wright requested Kevin Butler to provide the Board with
clarification on his earlier comments under the County Attorney's report
regarding the proposed revision to Chapter 11 Motor Vehicles and Traffic.
Mr. Butler advised that the Fire and Rescue Association is in support of
the Ordinance revision.
Supervisor Wright moved that the County Attorney's office be
authorized to advertise Chapter 11 Motor Vehicles and Traffic, Article II.
Motor Vehicles. Section 11 -6. Amount of Tax - Generally to allow for an
exemption to the license tax for former members of the volunteer rescue
squads or former members of the volunteer fire department who have served
at least ten (10) years in the County for public hearing at the Board's April
16, 2009 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 issue a utility
tax refund to Historic St. Luke's Restoration.
Supervisor Bradshaw moved that the Chairman authorize Interim
County Attorney Burton to sign the refund on behalf of the Board. 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.
Interim County Attorney Burton presented a Right to Farm lease
between Jones Farm, Inc. and Isle of Wight County for the recently
purchased interest in the Griffin property and recommended that the Board
authorize his office to advertise the matter for public hearing.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to advertise the matter for public hearing at the Board's
April 16, 2009 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 presented a contract between the Isle
of Wight County Board of Supervisors and Kaufman & Canoles, P.C. for the
purpose of collecting delinquent real estate and personal property taxes.
Supervisor Wright moved that the Board authorize the Chairman to
execute the contract on behalf of the Board. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization for the
Director of General Services and the Director of Budget and Finance to issue
a County purchase order under State Contract SRM20071009, Part 1, Non -
Professional Construction Related Services, to Powell Management
Associates for construction project management, administration and
inspection services for the new animal shelter.
Supervisor Wright moved to authorize the Director of General Services
and the Director of Budget and Finance to issue a County purchase order
under State Contract SRM20071009, Part 1, Non - Professional Construction
Related Services, to Powell Management Associates for construction project
management, administration and inspection services for the new animal
shelter. 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.
Nathan O'Berry, County Extension Agent, requested funding for a
part-time position within his office.
Supervisor Bradshaw moved that the request be deferred until the
Board's April 2, 2009 budget work 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.
15
Interim County Attorney advised that he had seven (7) matters for
closed meeting later in the meeting.
//
Chairman Brown called for the Community Development report.
Jamie Oliver, Long Ranger Planner, introduced the application of
Joseph Stradley for an exception to the Highway Corridor Overlay District.
Supervisor Bradshaw moved that the request be approved to erect
wooden stockade fencing with a bottom and flat top rail, generally as shown
in pictures from staff, to follow the ditch line; with half of the Option A
landscaping as recommended by staff and keeping the existing vegetation;
and, with staff's recommendation for the front of Route 460 and the
foundation area in front of the building. 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 Brown called for the Parks and Recreation report,
Mark W. Furlo, Parks Administrator, presented a resolution
designating April 19 -25, 2009 as Volunteer Recognition Week. He advised
that the Fair Committee is in favor of including the Resolution in the
County's newsletter and recognizing the volunteers at the 2009 Fair. He
advised that the Fair Committee is requesting direction from the Board with
respect to how the Board would like to see the volunteers recognized.
Supervisor Bradshaw recommended that volunteers be recognized
during the airing of "The County Beat."
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO DESIGNATE APRIL 19 -25, 2009
AS VOLUNTEER RECOGNITION WEEK
WHEREAS, we are a nation that was founded by individuals who have
dedicated their lives, energies, and resources to making this a better world for
themselves, their families, and their neighbors; and,
WHEREAS, volunteerism directly reflects the democratic principles
upon which this nation was founded in that everyone, regardless of their
circumstances, race, age, sex, color or creed can volunteer; and,
WHEREAS, the number of individuals engaging in volunteer work and
the important variety of services provided increase each year, providing
16
challenges and fulfillment, rich rewards from helping others, improving
skills, and widening one's horizons; and,
WHEREAS, it is appropriate to recognize and to honor the numerous
contributions of the many volunteers serving the County of Isle of Wight, as
well as this Commonwealth of Virginia, and to join in with State and national
leaders to set a special time for such recognition.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the week
of April 19-25, 2009 be designated as Volunteer Recognition Week.
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.
1/
Chairman Brown called for the General Services report.
Eddie P. Wrightson, Director of General Services, presented a
Memorandum of Agreement (MOA) with Hampton Roads Sanitation District
(HRSD) and the County with respect to the regional Fats, Oils and Grease
(FOG) Abatement Program for the Board's consideration. He advised that
the Town of Smithfield has also adopted a FOG ordinance and the Town of
Windsor has indicated a willingness to adopt a similar ordinance.
Supervisor Wright moved that the County Administrator be authorized
to execute the Memorandum of Agreement (MOA) between Isle of Wight
County and the Hampton Roads Sanitation District (HRSD). 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. Wrightson presented the issue of the refuse disposal fee for
discussion and consideration by the Board.
Supervisor Bradshaw moved that the matter be deferred until the
Board's April 2, 2009 work 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 Brown called for the County Administrator's report.
Bruce A. Bruchey, Powell Management Associates, distributed the bid
tabulation and recommendation letter responsive to the solicitation for the bid
17
for the construction of the new Young -Laine Courts Building, associated site
work and the renovation of the existing Sheriff/Courts Building into the
Sheriff's Department headquarters. He advised that the contractors were
required to submit with their bids a bid bond, as well as a Statement of
Qualifications; however, two (2) of the responding bidders had omitted their
Statement of Qualifications from their bid. He advised that the County
Attorney's office has advised that an omission of that form is a technicality
that can be waived by the Board. He advised that the low bid was
Henderson, Inc. with a base bid amount of $10,556,202 and that Henderson,
Inc. had also submitted a bid for Alternate #1 to add $9,439 to provide a
lightning protection system on the existing Sheriffs Building. He advised
that Powell Management and Moseley Architects undertook an investigation
of Henderson, Inc. and learned from past clients and other architectural firms
that have worked with them in the past, of Henderson, Inc.'s outstanding
record of success. He advised that Henderson, Inc. has completed numerous
projects for Anheiser Busch, as well as a 44,000 square feet headquarters'
building for First Advantage Credit Union. He stated that in addition,
Henderson, Inc. was the general contractor for the expansion of the Prime
Outlets Mall in Williamsburg, which, like the new courts building, is a green
building with a silver level of certification. He advised that Henderson, Inc.
has completed five (5) projects for the YMCA with no change orders. He
recommended that the Board award the contract to Henderson, Inc. for the
base bid amount and that Alternate #1 also be accepted, for a total award
amount $10,565,641; that the Board accept the unit prices, as bid, which will
only be used if adjustments are needed during construction; that the Board
waive, as a technicality, the omission of the contractor's Statement of
Qualifications; that the Board authorize the Director of Budget and Finance
to post a Notice of Intent to Award and, following the period of posting and
further review by the Department of Budget and Finance and the County
Attorney, that the Board authorize the Chairman to execute a construction
contract with Henderson, Inc. He advised that the initial budget provided for
over $16,000,000 for the construction of Joshia Parker Circle, the
construction of the new courts facility and the renovation of the Sheriff's
building; however, as a result of the current economic conditions, bids
received are $5.5 million under budget for this same portion of work.
Supervisor Clark moved to waive, as a technicality, the requirement of
the Contractor's Statement of Qualifications. 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 the bid be awarded to Henderson, Inc., to
include Alternate #1 and the unit prices, as bid, for a total award price of
$10,565,641. 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 Clark moved to authorize the Director of Budget and
Finance to post the Notice of Intent to Award and following the notice period
and approval of the Director of Budget and Finance and the County Attorney,
that the Chairman be authorized to execute the contract. 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.
Patrick J. Small, Assistant County Administrator, presented an
amendment to the professional services agreement with Moseley Architects
for the Young -Laine Courts Building for the award of construction and
inspection services, which had been contemplated as part of the original
budget; however, it had not been awarded to Moseley Architects. He
recommended that Moseley Architects be selected as the firm to perform the
above services.
Supervisor Clark moved that the County Administrator be authorized to
sign Amendment #3 to the professional services agreement with Moseley
Architects. 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 Brown called for consideration of the Consent Agenda.
A. Town Hall Meeting
B. Smithfield Cultural Arts League
Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Funds for the
Local Government Challenge Grant
C. DMV Highway Safety Project Grant
Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Motor Vehicles for the
Highway Safety Project Grant
D. Virginia School Resource Officer Grant Program
Resolution to Authorize the Submission of a Grant
Application and to Accept and Appropriate Funds Received
from the Department of Criminal Justice Services for the
School Resource Officer Grant Program at the Windsor
Middle School
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E. Additional Funding for Laptops for Fire and Rescue Stations
Resolution to Appropriate Funds from the Unappropriated
Fund Balance to Purchase Laptops for the Fire and Rescue
Stations
F. Transfer of Capital Budget Funds for the Carrollton Volunteer
Fire Department
G. Monthly Financial Reports for County and Schools
H. Planning Commission Action List of February 24, 2009
I. January 29, 2009 Special Meeting Minutes
J. February 5, 2009 Special Meeting Minutes
Supervisor Clark moved that Items (A) and (H) be removed and that
the remainder of 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.
With respect to Item (A), Town Hall Meeting, Supervisor Casteen
moved to approve Item (A) with a change under "Opening Comments" to
reflect that the Chairman is James B. Brown, Jr. 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 Item (H), Planning Commission Action List of
February 24, 2009, Supervisor Casteen moved to accept with a change on
Page 4 to reflect that the meeting was adjourned at 9:00 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.
/1
Supervisor Wright moved that Supervisor Bradshaw be reappointed to
serve on the Hampton Roads Economic Development Alliance. 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 Brown called for Appointments.
20
Chairman Brown called for Old Business.
Supervisor Clark advised that the County Attorney's office had drafted
a Memorandum of Agreement (MOA) which addresses all of the Board's
concerns mentioned at its March 5, 2009 meeting with respect to VDOT's
request that the Town of Smithfield provide water service to VDOT. He
advised that while the MOA will allow the Board to proceed with granting
this request, it will not allow for others in the future to use this as a precedent
for seeking connections. He stated that the MOA further addresses the
Board's concerns about annexation.
Supervisor Clark moved that the Board approve the Memorandum of
Agreement and authorize the Chairman to sign it 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.
/I
Chairman Brown called for New Business.
Supervisor Bradshaw moved that staff be directed to take the
information he has with respect to the 2009 Resolution on the Spending of
Federal Economic Renewal Grants, review it and come back with a
recommendation at the Board's April 2, 2009 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 Clark moved that staff be directed to contact Congressman
Forbes' office to coordinate a meeting with representatives of this Board,
John Seward with the Surry Board of Supervisors, and appropriate
representatives from Southampton and Sussex Counties with respect to the
proposed reduction in hours of the Jamestown/Scotland Ferry. 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 for consultation with legal counsel requiring the
provision of legal advice pertaining to the DEQ Consent Order regarding
sanitary sewer overflow; pursuant to Section 2.2- 3711.A.7 for consultation
with legal counsel requiring the provision of legal advice pertaining to the
Southeastern Public Service Authority; pursuant to Section 2.2- 3711.A.1 to
discuss a personnel matter pertaining to a specific public official; pursuant to
21
Section 2.2- 3711.A.5 to discuss a prospective business where no previous
announcement has been made; pursuant to Section 2.2- 3711.A.7 for
consultation with legal counsel requiring the provision of legal advice
pertaining to the Western Tidewater Water Authority; pursuant to Section
2.2- 3711.A.7 for consultation with legal counsel requiring the provision of
legal advice pertaining to Carrollton Auto Parts; and, pursuant to Section 2.2-
3711.A.1 to discuss a personnel matter pertaining to a specific public official.
Supervisor Clark moved that the Board enter the closed meeting for the
reasons stated by Interim County Attorney Burton. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor 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 VO "1 0
ABSENT DURING MEETING: 0
22
There was no action taken following the closed meeting.
At 11:20 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.
Care y I JYYP5 61
Stout, Clerk
23
B. Brown, Jr., Chairman