07-02-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF JULY 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: Mark C. Popovich, Assistant County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
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Chairman Brown called the meeting to order at 5:00 p.m.
Supervisor Wright delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Assistant County Attorney Popovich offered the following amendments
to the agenda: Under the County Attorney's Report, remove number ten (10)
and eleven (11); under the County Attorney's Report, add an Application for
Certification by the Virginia Department of General Services for Non -
Compliance with the Virginia Courthouse Facilities Guidelines; under the
County Attorney's Report, add a request for public hearing for the lease of
County property on Walter's Highway; and, under Old Business, add one (1)
matter regarding the Isle of Wight Humane Society
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for Special Presentations /Appearances.
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Reverend Harrison formally introduced Pat Wells, Vice- President of
Eastern Operations, Community Management Corporation, who requested
the Board to approve the request for tax exempt status for Covenant Place,
Inc.
Chairman Brown noted a personal conflict of interest and excused
himself from discussing and voting on the request.
Supervisor Clark moved that the following Ordinance be adopted:
AN ORDINANCE TO EXEMPT PROPERTY FROM TAXATION
ADOPTED THIS SECOND DAY OF JULY, 2009
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to -wit:
That pursuant to Section 58.1 -3651 of the Code of Virginia (1950, as
amended), the real estate taxes on parcel 21A- 01 -223D, owned by Covenant
Place, Inc., are hereby exempt clue to its classification as a 501(c)(3)
organization by the United States Internal Revenue Service. Such exemption
shall continue so long as such classifications remains in full force and effect
and so long as Covenant Place, Inc. does not have any rule, regulation,
policy, or practice that unlawfully discriminates on the basis of religious
conviction, race, color, sex, or national origin.
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BE IT FURTHER ORDAINED:
That this Ordinance be entered in the Minutes of this Board of
Supervisors and that a copy thereof by the Clerk of this Board, be furnished
to the Treasurer of this County.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Chairman Brown abstaining from voting on
the matter.
Christopher O'Neil Mitchell was formally presented a resolution
recognizing and congratulating him for achieving the rank of Eagle Scout,
which was formally adopted by the Board at its May 7, 2009 meeting.
Chairman Brown called for Regional Reports.
Supervisor Wright reported on a meeting recently held at the 4 -H
Center in Wakefield in which the attorney hired by the Counties of Sussex,
Surry and Southampton had advised of his fee to defend the OLF issue. He
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advised that Congressman Forbes has submitted a Bill that would allow
individual localities to approve or reject the OLF.
Regarding the Coalition of High Growth Communities, Supervisor
Casteen reported that regulation of alternative on -site sewage systems, which
previously has been an unregulated and unlicensed industry, began on July 1,
2009. He further reported that stormwater management requirements and
regulations were also discussed and that it was felt by some of the attendees
that the regulations are too restrictive. He advised that new secondary street
acceptance requirements were discussed as they relate to VDOT and its
proposed cutbacks.
Supervisor Casteen reported that he had attended the Hampton Roads
Cool Communities Coalition meeting which included representatives from 14
localities. He stated that conservation efforts, such as travel planning and
recycling were highlighted.
Regarding the Hampton Roads Military and Federal Facilities Alliance,
Chairman Brown reported that the issue of consolidation of services between
the United States Army and United States Navy had been discussed. He
advised that these branches are maintaining their separate entities, but
collaborating on services, repairs and parts. He advised that the Alliance's
budget this year is $1,251,594 and Isle of Wight's share is $.50 per capita,
which equals $16,545.
Supervisor Casteen reported that at the Most recent meeting of the
Smithfield Intergovernmental Relations Committee, water issues were
discussed and related sewage fees. He noted that the County is continuing to
work with the Town of Smithfield in an effort to resolve these issues, as well
as the issue of the lighting of the baseball field at the Smithfield High School.
Regarding the Social Services Board, Chairman Brown reported that
the Director of General Services is addressing problems with the air
conditioning system in the Human Services building. He noted that the issue
of consolidation of services continues to be an ongoing effort.
Supervisor Wright advised that there will be a joint pubic
announcement in the next several weeks by the Western Tidewater Water
Authority.
Regarding the Franklin Intergovernmental Relations Committee,
Supervisor Bradshaw advised that there will be a regional meeting with the
City of Franklin and Southampton County on July 7, 2009 at 6:00 p.m. at The
Pace House Inn in Franklin that will be attended by himself, Supervisor
Wright and staff.
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Chairman Brown called for Transportation Matters.
Edwin P. Wrightson, Director of General Services, advised that
responsive to the County contracting with the firm of Michael Baker in 2008
to conduct a Countywide Transportation Plan, stakeholder meetings have
been held throughout the County with respect to transportation issues and a
website has been created whereby citizens can check the status of the Plan
and provide their feedback. He requested permission to proceed with
conducting two (2) public hearings to collect feedback from residents and
stakeholders before a final draft Plan is developed.
Supervisor Bradshaw moved that staff be authorized to hold an open
house on August 12, 2009 from 6:00 p.m. until 8:00 p.m. in the Robert C.
Claud, Sr. Board Room with respect to the Countywide Transportation Plan.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Wrightson presented a Resolution of the Board of Supervisors of
Isle of Wight County Requesting Acceptance of Certain Roads in Ashby
West Subdivision into the Secondary System of State Highways for the
Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted
and that the County Administrator be authorized to execute the VDOT form:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, REQUESTING ACCEPTANCE OF CERTAIN ROADS IN
ASHBY WEST SUBDIVISION INTO THE SECONDARY SYSTEM OF
STATE HIGHWAYS
WHEREAS, the streets described on the attached Additions Form AM-
4.3 fully incorporated herein by reference, are shown on plats recorded in the
Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the requirements
established in accordance with secondary road policies and the Subdivision
Street Requirements of the Virginia Department of Transportation and the
Isle of Wight County Subdivision Ordinance relating to acceptance of streets
into the State's Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets described on the
attached Additions Form AM-4.3 to the Secondary System of State
Highways, pursuant to Section 33.1 -229 of the Code of Virginia, and the
Department's Subdivision Street Requirements;
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BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right -of -way, as described, and any necessary easements for cuts,
fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of the resolution
be forwarded to the Resident Engineer for 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.
Mr. Wrightson advised that the Transportation Report included in the
agenda contains an error with respect to the Muddy Cross project, which is
not located in the Newport District, but in the Windsor District.
Mr. Wrightson reported that the problem with the streetlight reported
by Mr. Bradby has been corrected and the streetlight is now operational.
Responsive to an inquiry from Supervisor Bradshaw regarding the
status of the Federal Stimulus projects, Mr. Wrightson advised that the
project funds will be committed by March 1, 2010.
Responsive to VDOT's request that the County appropriate funding to
cover the cost of installation of signs at either end of the Holland- Councill
Memorial Bridge, Supervisor Bradshaw moved to direct staff to appropriate
funding in the amount of $500 from the Unappropriated Fund Balance. 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.
Regarding the City of Franklin bearing the cost of installation of one
(1) of the signs, MacFarland Neblett, Waverly Residency Administrator,
VDOT, commented that it was the County who had made the request for
signage. Supervisor Bradshaw recommended that the matter be placed on the
Board's August 16, 2009 agenda for further discussion.
Regarding a lighting request by Bojangles as a result of recent activity
at a nearby sports bar, Mr. Wrightson advised that staff is working in
conjunction with Bojangles to develop a solution with regard to lighting and
alignment of that entrance which comes out onto Smith's Neck Road.
Chairman Brown presented a request for a right -turn lane at the
intersection of Battery Park and Nike Park Roads.
Mr. Neblett offered to investigate if a request for a right turn lane at the
intersection of Battery Park and Nike Park Roads has been previously
submitted by staff.
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Supervisor Bradshaw requested Supervisor Casteen to discuss the issue
of a right -turn lane at Battery Park and Nike Park Roads with the Smithfield
Town Council.
Supervisor Clark moved that a matter regarding a voluntary boundary
realignment be added to the closed 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.
Responsive to Chairman Brown, Mr. Wrightson advised that mitigation
of flooding conditions at Owen's Estates would be addressed with stimulus
funding.
Mr. Neblett advised that the request for signage at Rescue and Battery
Park has been approved by VDOT's Traffic Engineering section.
Mr. Neblett advised that the sign stating "Smithfield to the left" will
remain for motorists traveling from Surry County to the south and that
another sign would be installed indicating "Historic Smithfield Straight
Ahead."
Responsive to Supervisor Clark regarding the status of Yellow Rock
Road, Assistant County Attorney Popovich advised that the County
Attorney's office is continuing to evaluate if any specific legal actions need
to be taken and what documents need to be drafted regarding that roadway.
Responsive to Supervisor Clark regarding the pooling of water at Route
17 and Smith's Neck Road, Mr. Neblett advised that channels through the
shoulders of the roadway have been cut, which will be graded at a later date.
Mr. Wrightson advised that the Department of Conservation and
Recreation has determined that the Blackwater River meets the requirements
for scenic river eligibility and that staff would be returning to the Board with
a resolution for the Board's consideration.
Supervisor Bradshaw requested that the matter of the Blackwater River
designation be placed on the agenda for discussion at the July 7, 2009
meeting of the Franklin Intergovernmental Relations Committee.
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Chairman Brown called for Citizens Comments.
Grace Keen, on behalf of the Isle of Wight Citizens Association,
requested the Board's non - financial support of a "Day of Remembrance and
Honor" for emergency service workers on Sunday, September 13, 2009 at
5:00 p.m. on Route 17 at the foot of the James River Bridge.
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Supervisor Clark moved that the Board support a "Day of
Remembrance and Honor" program. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Mrs. Keen requested the Board to sponsor a Candidates Forum on
October 19, 2009 at The Smithfield Center at 6:30 p.m.
Supervisor Clark moved that the Board sponsor the Candidates Forum.
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.
Mrs. Keen invited the Board to attend the Health Fair program entitled
"Looking Good/Feeling Good" on October 8, 2009 at The Smithfield Center
from 9:00 a.m. until 2:00 p.m.
Mrs. Keen distributed a report on the activities sponsored by the
Commission on Aging from June 2008 through June 2009, as required by the
By -Laws of that group.
Mrs. Keen invited the Board to attend the Isle of Wight Citizens
Association meeting on July 13, 2009 at 7:00 p.m. at the Carrollton Library.
She noted that citizens will be given the opportunity to address any problems
they see with respect to the Isle of Wight County Planning Commission.
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Chairman Brown called for Board comments.
Supervisor Clark commended Mr. Aigner for his coordination of the
recent Firefighters Academy Program.
Supervisor Casteen commended Mr. Chase for graduating from the
Firefighters Program.
Supervisor Clark acknowledged Terry Thompson, Judy Winslow, Lois
Chapman, Marcy Parish, Cheryl Whitener, Colin Norman, Jennifer Williams
and Tracey Neikirk for their efforts associated with the "Olden Days" event.
Chairman Brown called for the County Attorney's report.
Assistant County Attorney Popovich requested the Board's
authorization to acquire the property at Tyler's Beach.
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Supervisor Bradshaw moved that the Chairman be authorized to
execute all documents necessary to effectuate the purchase, as approved to
form 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.
Assistant County Attorney Popovich presented a proposed Agreement
with the Commonwealth of Virginia, Department of Health, for the Board's
consideration.
Supervisor Wright moved that the Board authorize the Chairman to
execute the Agreement on behalf of the Board. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Assistant County Attorney Popovich presented a Resolution of Official
Intent to Reimburse Expenditures with Proceeds of a Borrowing. He
recommended that the Board adopt the Resolution.
Supervisor Bradshaw moved that the Board authorize the Chairman to
execute the following Resolution on behalf of the Board:
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, Isle of Wight County, Virginia (the "Borrower "), intends
to acquire, construct and equip various capital improvements (the "Projects ")
as approved in Fiscal Year 2009 -10 Capital Budget; and
WHEREAS, plans for the Projects have advanced and the Borrower
expects to advance its own funds to pay expenditures ( "Expenditures ")
related to the capital improvements prior to incurring indebtedness and to
receive reimbursement for such Expenditures from proceeds of tax- exempt
bonds or taxable debt, or both;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
1. The Borrower intends to utilize the proceeds of tax- exempt bonds
(the "Bonds ") or to incur other debt, in an amount not currently expected to
exceed $10,000,000, to pay the costs of the projects.
2. The Borrower intends that the proceeds of the Bonds be used to
reimburse the Borrower for Expenditures with respect to the Projects made
on or after the date that is no more than 60 days prior to the date of this
Resolution. The Borrower reasonably expects on the date hereof that it will
reimburse the Expenditures with the proceeds of the Bonds or other debt.
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3. Each Expenditure was or will be, unless otherwise approved by
bond counsel, either (a) of a type properly chargeable to a capital account
under general federal income tax principles (determined in each case as of the
date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c)
a nonrecurring item that is not customarily payable from current revenues, or
(d) a grant to a party that is not related to or an agent of the Borrower so long
as such grant does not impose any obligation or condition (directly or
indirectly) to repay any amount to or for the benefit of the Borrower.
4. The Borrower intends to make a reimbursement allocation, which
is a written allocation by the Borrower that evidences the Borrower's use of
proceeds of the Bonds to reimburse an Expenditure, no later than 18 months
after the later of the date on which the Expenditure is paid or the Project is
placed in service or abandoned, but in no event more than three years after
the date on which the Expenditure is paid. The Borrower recognizes that
exceptions are available for certain "preliminary expenditures," costs of
issuance, certain de minimis amounts, expenditures by "small issuers" (based
on the year of issuance and not the year of expenditure) and expenditures for
construction of at least five years.
5. The Borrower intends that the adoption of this resolution
confirms the "official intent" within the meaning of Treasury Regulations
Section 1.150 -2 promulgated under the Internal Revenue Code of 1986, as
amended.
6. This resolution shall take effect immediately upon its passage.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Assistant County Attorney Popovich presented a request for a tax
refund from Bryant's Excavation, Inc. in the amount of $5,697.70 for the
overpayment associated with heavy construction machinery for the tax years
2007 -2008.
Supervisor Clark moved that the Board authorize Interim County
Attorney Burton to make the refund to Bryant's Excavation, Inc. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Assistant County Attorney Popovich presented a request for the
renewal of the Johnson Farm lease for one (1) additional year.
Supervisor Bradshaw moved that the County Attorney's office be
authorized to advertise the matter for public hearing at the Board's July 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.
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Assistant County Attorney Popovich requested the Board's permission
to advertise proposed revisions to Chapter 11, Motor Vehicles and Traffic,
for public hearing at the Board's August 20, 2009 meeting.
Supervisor Bradshaw moved that the County Attorney's office be
authorized to advertise the ordinance revisions for public hearing at the
Board's August 20, 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.
Assistant County Attorney Popovich requested the Board's permission
to advertise an Ordinance to Repeal Chapter 12.1 Public Parks and
Recreation Facilities. Article II. Regulations Governing Public Parks and
Recreation Facilities. Section 12.1 -5 Concealed Weapons Prohibited for
public hearing at the Board's July 16, 2009 meeting.
Supervisor Wright moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's July
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.
Assistant County Attorney Popovich requested the Board's permission
to advertise Chapter 11.3 Nuisances for public hearing at the Board's July 16,
2009 meeting.
Supervisor Wright commented that certain noises and smells are
expected in rural farming communities. He requested the Board to further
consider the impact such an Ordinance would have on the County's farmers.
Supervisor Casteen moved that the matter be postponed and that the
Interim County Attorney's office meet with Supervisor Wright to discuss
proposed ordinance revisions. 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.
Given the Board's action on the above matter, Assistant County
Attorney Popovich recommended that the Board postpone consideration of
Chapter 3. Animal Fowl. Article III. Nuisance Animals and Hybrid Canines,
Section 3 -25. Nuisance Animals.
Supervisor Casteen moved that the Board postpone the matter and
direct the Interim County Attorney's office to meet with Supervisor Wright
regarding proposed ordinance revisions. 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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Assistant County Attorney Popovich requested consideration of a
contract renewal with Griffin Oil for the provision of gasoline and diesel fuel
for the County.
Supervisor Wright moved that the Chairman be authorized to execute
the contract with Griffin Oil on behalf of the Board. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Assistant County Attorney Popovich presented a contract renewal with
PAPCO for the provision of motor lubricants and oil for the County.
Supervisor Wright moved that the Chairman be authorized to execute
the contract with PAPCO on behalf of the Board. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Assistant County Attorney Popovich presented an Application for
Certification by the Virginia Department of General Services for Non -
Compliance with the Virginia Courthouse Facilities Guidelines. He advised
that the General Assembly has recently enacted a provision that would allow
the County to adopt an ordinance that would impose a fee for purposes of
maintenance, reconstruction and repair of facilities as long as the current
facilities do not meet the guidelines by the State.
Supervisor Bradshaw moved that County Administrator Caskey be
authorized to submit the appropriate application of form. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Assistant County Attorney Popovich requested permission to advertise
for public hearing the lease of County property located on Walter's Highway.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the matter for public hearing at the Board's
July 16, 2009. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Assistant County Attorney Popovich advised that he had three (3)
matters to discuss with the Board later during the closed meeting.
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Chairman Brown called for the Parks and Recreation report.
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Mark W. Furlo, Parks Administrator, presented By -Laws for the Bike
and Pedestrian Committee, which was originally established March 1, 2001.
Supervisor Clark moved that the Bike and Pedestrian Committee By-
Laws be adopted. 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. Furlo presented a Resolution Requesting the Designation of a
Colonial Historic Trail Segment of the East Coast Greenway through the
County of Isle of Wight for the Board's consideration. He stated that the
Resolution proposes an interim route, which, when completed, will be
designated as an interstate from the States of Maine to Florida with a segment
traveling through the Hampton Roads area.
Supervisor Bradshaw moved that the following Resolution be adopted
and that staff be directed to continue to work with the Greenway Alliance to
designate a permanent route through the County:
RESOLUTION REQUESTING THE DESIGNATION OF A COLONIAL
HISTORIC TRAIL SEGMENT OF THE EAST COAST GREENWAY
THROUGH THE COUNTY OF ISLE OF WIGHT
WHEREAS, the East Coast Greenway is a proposed 3,000 -mile,
shared -use pathway that will pass through Isle of Wight County in the
Commonwealth of Virginia to connect cities along the eastern seaboard from
Calias, Maine to Key West, Florida; and
WHEREAS, The Commonwealth of Virginia is one of 15 states and the
District of Columbia through which the Greenway runs; and
WHEREAS, the Greenway, considered the "urban equivalent of the
Appalachian Trail ", will pass through sites showcasing the nation's
industrial, historic, and cultural diversity; and
WHEREAS, the Greenway will spur the building of a network of
pedestrian and bicycling greenways through the Commonwealth of Virginia,
a goal encouraged by the Isle of Wight County Board of Supervisors and
other agencies within the state; and
WHEREAS, the Greenway will serve bicyclists, walkers, equestrians,
the physically challenged and other non - motorized users, both local residents
and long distance travelers; and
WHEREAS, the Greenway, by providing an off -road route separated
from vehicular traffic, will encourage people of all ages to increase the time
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they spend outdoors, offering improved health and physical fitness through
improved access to their communities; and
WHEREAS, the Greenway, by offering tourists access to cultural and
historical sites, will bring economic benefits to towns and businesses along
the route; and
WHEREAS, the Isle of Wight County Bike and Pedestrian Committee
has endorsed the route through the County of Isle of Wight.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests the Greenway Alliance to accept the proposed route
through Isle of Wight County as the Interim Colonial Historic Trail Segment
of the East Coast Greenway
BE IT FURTHER RESOLVED, that the Board of Supervisors requests
the Greenway Alliance continue to work with Isle of Wight County to
identify a permanent route for the Colonial Historic Trail Segment of the East
Coast Greenway through the County of Isle of Wight.
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 advised staff that certain boats are being tied up year
round at Tyler's Beach Boat Harbor and other users at that facility feel like
these boats are causing the electrical usage to increase. He requested staff to
take appropriate action to place a restriction on those boats.
Supervisor Clark moved that the problem of individuals living off their
boats year round at Tyler's Beach Boat Harbor and using continuous
electricity for heating and cooling be referred to the Interim County Attorney
to develop a policy that restricts use of the electricity to fishermen and
oystermen in that community. 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 General Services report.
Edwin P. Wrightson, Director of General Services, presented a
drainage plan for the Isle of Wight County Museum, which had previously
sustained extensive interior flooding damage during a Nor'easter in October
of 2007. He advised that staff had been charged with the development of a
drainage plan to reduce the probability of future flooding and included in the
Board's agenda is a proposed conceptual plan at an estimated cost of
$25,500. He advised that a pipe will be installed versus a grass swell, which
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will act as a secondary system in the event that the primary system becomes
blocked. He advised that staff is seeking authorization from the Board to
complete the drainage plan and solicit quotes for construction.
Supervisor Casteen moved that the completion of the drainage plan and
solicitation of quotes for construction of the project 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 the County Administrator's report.
Bruce A. Bruchey, Powell Management Associates, presented bids
relating to utilities improvement projects associated with the construction of
the Young -Laine courts building. He advised that Vico Construction
Corporation had submitted the low bid and he requested that the Board
authorize the posting of the intent to award and, following the posting period,
authorize the Chairman to enter into a contract with Vico Construction
Corporation in the amount of $567,982.
Responsive to concerns expressed by Supervisor Bradshaw with
respect to the septic field for the existing Administration building, Mr.
Bruchey advised that more than 300 individual hand samples of soil had been
taken at the building site. He advised that reserve fields have also been
identified for the County's future use, as well as a phase 2 field, to support a
future new School Administration building, a new Emergency Management
facility and the proposed expansion of the Human Services building.
Supervisor Wright moved that the Board authorize the posting of the
intent to award and, following the posting period, authorize the Chairman to
enter into a contract with Vico Construction Corporation in the amount of
$567,982. 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. Bruchey stated in response to the elevated water storage tank
construction project for the Young -Laine courts building, only a single bid
had been received and opened. He stated that the new elevated water storage
tank is intended to support the new Laine -Young courts building, as well as
convey water from the two (2) new wells which have been constructed and
tie into the existing water system which serves the entire County complex.
He stated that discussions are currently underway for additional facilities on
the Poor House Road campus and he will likely be recommending that the
County extend that water line under Courthouse Highway and that this water
tank will support those facilities, as well. He advised that there are only three
(3) manufacturers of this nature in the United States and one (1) of the three
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(3) manufactures had advised him in advance that they were too busy and that
they would not be responding to the solicitation for bids. He advised that one
(1) bidder had experienced a problem with the overnight delivery service that
he had selected to have his bid delivered and that his bid had not arrived in a
timely fashion and, therefore, could not be considered by the County. He
recommended award of the bid to Caldwell Tanks, Inc. in the amount of
$816,000.
Supervisor Bradshaw moved that the Board authorize the posting of the
intent to award and, following the posting period, authorize the Chairman to
execute the construction contract with Caldwell Tanks, Inc. in the amount of
$816,000. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Accept and
Appropriate Grant Funds from the U.S. Department of Homeland Security
for a Fire Station Construction Grant for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR A
FIRESTATION CONSTRUCTION GRANT
WHEREAS, the Board of Supervisors of Isle of Wight County has
authorized an application for funding from the A.R.R.A. Fire Station
Construction Grant; and,
WHEREAS, the amount of grant funding as shall be determined and
received from the U.S. Department of Homeland Security needs to be
accepted and appropriated to the FY 2009 -10 General Operating Budget of
Isle of Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County that grant funds in the amount
as shall be determined and received from the U.S. Department of Homeland
Security be appropriated to the appropriate line item in the FY 2009 -10
General Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized to make the appropriate accounting adjustments
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.
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Donald T. Robertson, Director of Information Services and Legislative
Affairs, publicly recognized Lane DeVites and her staff for their efforts
associated with the Section 8 Program, which was one (1) of seven (7)
programs to receive a Virginia Housing Development Authority Award.
//
Chairman Brown called for consideration of the Consent Agenda.
A. Part-time Funding for Treasurer
Resolution to Appropriate Funds from the Unappropriated
Fund Balance of the General Fund for Part-time Funding
for Treasurer's Office
B. Part -time Funding for Clerk of Court
Resolution to Appropriate Funds from the Unappropriated
Fund Balance of the General Fund for Part-time Funding
for Clerk of Court's Office
C. Application for Grant Funds — Litter Prevention and Recycling
Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Environmental Quality for the
Virginia Litter Prevention and Recycling Grant
D. Amendment to Memorandum of Understanding
Resolution to Appropriate Funds from the Unappropriated
Fund Balance for the Commissioner of the Revenue
E. Jordan Bridge Replacement
F. Refuse Collection Budget/Convenience Center Operating Hours
G. Fleet and Equipment ManagementNehicle Identification
H. Opportunity, Inc. /Summer Youth Employment
I. Isle of Wight County Emergency Assembly Center Evaluation
J. Litter Pick Up
K. Monthly Engineering Projects Report
L. Delinquent Real Estate Tax Collection Monthly Report
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M. May 7, 2009 Regular Meeting Minutes
N. May 14, 2009 Special Meeting Minutes
Supervisor Bradshaw moved that Items (C), (G) and (I) be removed
and approve the remaining Consent Agenda items. 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.
Regarding Item (C), Application for Grant Funds — Litter Prevention
and Recycling/Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Environmental Quality for the Virginia Litter
Prevention and Recycling Grant, Supervisor Wright moved that the following
Resolution be approved:
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS
FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL
QUALITY FOR THE VIRGINIA LITTER PREVENTION AND
RECYCLING GRANT
WHEREAS, the Board of Supervisors of Isle of Wight County has
authorized an application for funding from the Virginia Litter Prevention and
Recycling Grant; and,
WHEREAS, the amount of grant funding as shall be determined and
received from the Department of Environmental Quality needs to be accepted
and appropriated to the FY 2009 -10 General Operating Budget of Isle of
Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that grant funds in
the amount as shall be determined and received from the Department of
Environmental Quality be appropriated to the appropriate line item in the FY
2009 -10 General Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized to make the appropriate accounting adjustments
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.
Regarding Item (0), Fleet and Equipment Management/Vehicle
Identification, Supervisor Wright moved that Item (0) be approved. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
17
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Regarding Item (I), Isle of Wight County Emergency Assembly Center
Evaluation, Supervisor Casteen moved that Item (I) 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.
1/
Supervisor Casteen moved that Joe Giltner be appointed to serve on the
Bike & Pedestrian Facilities Committee. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that Norma Odom - Leonard be appointed to
serve on the Social Services Board. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that Hap Dashiell be appointed to serve on
the Recycling Committee. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw requested Mr. Robertson to advise the Board
regarding a recommendation for an individual to serve as the At -Large
representative on the Boykin's Tavern Advisory Committee.
//
Chairman Brown called for Appointments.
Chairman Brown declared a recess.
Chairman Brown called the meeting back to order.
Chairman Brown called for Old Business.
Lisa Betterton, Registrar, requested additional funding to cover the cost
of the part-time position and on -call hours in her office.
Supervisor Bradshaw moved that the following Resolution be adopted:
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RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
FUNDING FOR REGISTRAR'S OFFICE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized funding for additional part-time and on -call hours in
the Registrar's office; and,
WHEREAS, funds in the amount of eleven thousand two hundred
seventy dollars ($11,270) needs to be appropriated to the appropriate line
items in the FY 2009 -10 General Operating Budget of the County of Isle of
Wight, Virginia.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that eleven thousand two hundred seventy dollars
($11,270) from the Unappropriated Fund Balance of the General Fund be
appropriated to the FY 2009 -10 General Operating Budget of the County of
Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Ms. Betterton requested the Board's consideration relative to a pay
adjustment for the Assistant Registrar position in her office.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
FUNDING FOR REGISTRAR'S OFFICE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized funding for additional compensation in the
Registrar's office; and,
WHEREAS, funds in the amount of seven thousand fifty six dollars
($7,056) needs to be appropriated to the appropriate line items in the FY
2009 -10 General Operating Budget of the County of Isle of Wight, Virginia.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that seven thousand fifty six ($7,056) from the
Unappropriated Fund Balance of the General Fund be appropriated to the FY
2009 -10 General Operating Budget of the County of Isle of Wight, Virginia.
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BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Regarding the Isle of Wight Humane Society's initial request for
$5,500 and which had been denied by the Board, Supervisor Clark requested
that the matter be revisited as the Humane Society does not have sufficient
funds to operate.
Supervisor Clark moved that the Board authorize $2,500 from the
Unappropriated Fund Balance to the Isle of Wight Humane Society for feral
cats. 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 New Business.
Responsive to American K -9 Kennels allowing their dogs to run loose
on the Fairgrounds, Supervisor Wright moved that a letter be sent to
American K -9 Kennels stating that they do not have permission to use
County property at Heritage Park. He withdrew his motion following
advisement from Assistant County Administrator Small that staff has
cancelled American K -9 Kennel's privileges to use Heritage Park.
Supervisor Clark, in response to the Cell Tax Fairness Act of 2009,
which would prohibit State and local governments from opposing any new
discriminatory taxes on wireless providers service for five (5) years, moved
that staff be directed to send a letter to NACo's President and advise that the
County supports his efforts in opposing legislation that would preempt State
and local taxing authority of wireless communications and also send a letter
to VACo requesting what that organization position has been thus far on that
issue. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Clark stated that NACo is opposing legislative initiatives
that preempt local governments' decision makings with regard to various
preemptions of State laws and VACo needs to take a strong stand on that
issue and the County's legislatures need to be encouraged to do that, as well.
20
Supervisor Clark moved that the Chairman be authorized to send a
letter to VACo's President inquiring that organization's position with regard
to legislative initiatives that preempt local governments' decision making
regarding various preemptions of State laws so that it can be addressed at the
next Board of Directors' meeting in August. 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 notified the Board about a senior citizen
identified by staff that does not have the economic means by which to
connect to the new water system.
Supervisor Bradshaw moved to direct staff to connect the senior citizen
identified by staff to the new water system at the County's expense due to
exceptional hardship. 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 Redistricting Committee be
formed for the upcoming 2010 census to be made up of two (2)
representatives from each of the five (5) districts, the Electoral Board, the
Registrar, the County Attorney and the Secretary of the Electoral Board, who
is to serve as Chairman of the Committee. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved to direct County Administrator Caskey to
follow up with Charter Communications in reference to concerns expressed
by Chad Albert on Tomlin Hill Road. Staff is to also follow up with Mr.
Albert. 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/
Assistant County Attorney Popovich requested a closed meeting
pursuant to Section 2.2- 3711A.1 of the Freedom of Information Act to
discuss personnel matters pertaining to a specific public employee; pursuant
to Section 2.2- 3711.A.1 to discuss a personnel matter pertaining to a specific
public employee; and, pursuant to Section 2.2- 3711.A.7 concerning
consultation with legal counsel regarding a possible voluntary boundary
adjustment.
Supervisor Bradshaw moved that the Board enter the closed meeting
for the reasons stated by Assistant County Attorney Popovich. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
21
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Wright moved that the Board approve the Memorandum of
Agreement with the Commonwealth Attorney, as discussed in the closed
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.
Mr. Robertson was directed to communicate with Congressman
Forbes' office that the Board would like to meet with him on July 23, 2009 in
Washington, D.C.
22
Supervisor Bradshaw moved that Supervisor Wright be appointed as
the Alternate on the SPSA Board, replacing County Administrator Caskey.
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/
At 9:10 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.
01 1 ' Lib
C arey ills Storm, Clerk
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