10-01-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIRST DAY OF OCTOBER IN THE YEAR
TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman (Arrived at 5:05 p.m.)
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
Carey Mills Storm, Clerk
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Vice - Chairman Bradshaw 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.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the Consent Agenda, add authorization to execute a
modified Memorandum of Understanding for the Opportunity Inc. /Summer
Youth Employment Extension; under Special Presentations, postpone the Isle
of Wight Department of Social Services HPRP presentation to the October
15, 2009 meeting; under Special Presentations, add an Item G, presentation
by the Commissioner of Revenue regarding real estate tax assessment
software; under the County Attorney's report, add authorization for a public
hearing to be held on October 15, 2009 for a Deed of Gift easement to the
Virginia Outdoors Foundation; and, under the County Attorney's report, add
four (4) closed meeting items.
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.
Chief Sullivan displayed a dog that is currently available for adoption
at the County's animal shelter.
Connie Henderson, Carrollton Branch Manager of the Isle of Wight
County Public Libraries, recognized numerous volunteers from the
Carrollton, Smithfield and Windsor branch libraries.
Myles Diamond, President, Friends of the Carrollton Library,
acknowledged the County's past financial support of the libraries. He
commented that libraries, during difficult economic times, provide services to
patrons who most need the help.
Southampton Board of Supervisors' member Anita T. Felts, and
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, briefed the Board on the mission of the Smart Beginnings Western
Tidewater Program.
The Homeless Prevention Rapid Re- Housing Program (HPRP)
presentation was postponed, as requested by the Director of Social Services,
until the Board's October 15, 2009 meeting under Approval of the Agenda.
Gerald H. Gwaltney, Commissioner of the Revenue, reported that the
real estate forecast is on target at $22,934,000; the personal property forecast
is slightly under target at $19,470,946; the meals tax has increased 6% at
$111,344; that the lodging tax revenue is down 3% at $9,192; that the sales
tax is level at $2,366,650; and, business license taxes are down at $369,610.
Judy Wells, Treasurer, provided a summary of collection comparisons
on real estate and personal property, which are on target. She noted that
participation for real estate and personal property pre - payments and
collection actions have increased.
Supervisor Bradshaw moved that staff be directed to publicize the
information from the Commissioner of the Revenue and the Treasurer on the
County's website. 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.
Dr. Michael McPherson, Superintendent of Schools, addressed the
Board concerning the School's intention to move the Windsor Middle School
and Smithfield High School remodeling projects up in the Capital
Improvement Plan (CIP). He commented that the Board, at its September 24,
2009 meeting, had referred these projects to the Board's Budget and Finance
Committee for further review and study. He also addressed the Board
regarding the school administration's pending request to carry over
Operating and Capital funds in the amount of $1.5 million in order to address
the shortfall expected from the State and County related to capital projects,
school replacement cycles, technology and transportation.
Supervisor Bradshaw moved that the requests be directed to the
Board's Budget and Finance Committee for further evaluation and
discussion. 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.
Gerald H. Gwaltney, Commissioner of Revenue, requested funding to
purchase real estate tax assessment software, ProVal, which is capable of
calculating the assessment amount an additional 1% closer to market value
and will allow his office to obtain better and more accurate assessments. He
commented that utilizing this software will generate an additional $500,000
in revenue over the two (2) year assessment cycle. He advised that the
current software does not allow income method evaluations for assessments.
Thomas Finderson advised that the Board of Equalization feels that
ProVal is superior software which will pay for itself because of its accuracy
and will allow citizens to feel more confident about their assessments.
Supervisor Clark commented that if the County gets challenged in
court and loses, the County's concerns will be much greater than having to
spend the $99,000 now to purchase this software.
Interim County Attorney Burton advised that the Supreme Court
believes that the income approach to value is the preferred valuation method
to be used with respect to commercial property.
Supervisor Casteen recommended deferring the request until the next
budget cycle as he believes that the County's risk is relative low through this
next cycle and instead use the funds being requested in other areas that are
really lacking at this time.
Supervisor Clark commented that the County has compromised on
assessments in past years because it did not have a system that provided this
type of information. He stated that the Commissioner of Revenue is telling
the Board that he needs this to do his job correctly and this is the biggest
revenue source for the County.
Supervisor Clark moved that the expenditure be approved and that
County Administrator Caskey be directed to return to the Board with an
appropriation resolution. The motion was adopted by a vote of (3 -2) with
Supervisors Brown, Clark and Wright voting in favor of the motion and
Supervisors Bradshaw and Casteen voting against the motion.
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Chairman Brown called for Regional Reports.
Regarding the Hampton Roads Military and Federal Facilities Alliance,
Chairman Brown reported on the proposed restructuring of Langley Air
Force Base with respect to the reassignment of fighter planes. He further
reported that there is an ongoing study to review the feasibility of dredging
the channel to create a deep water port for aircraft carriers at a cost to
taxpayers between $650 million and $1 billion. He stated that these decisions
will be made on February 10, 2010 when the quadrennial report is completed.
He noted that the joint forces command is currently housed in the City of
Suffolk and is being leased and discussions are ongoing with respect to
owning or obtaining a better lease. He noted that he would provide staff with
information from this meeting for placement on the County's Website.
Regarding the issue of water rates and the Town of Smithfield,
Supervisor Casteen reported that the Smithfield Town Council is continuing
in its efforts with respect to the water issue and sewer agreement relating to
the Gatling Pointe and Battery Park area. He advised that Assistant County
Attorney Popovich has contacted the Town of Smithfield in an effort to
finalize the details and he has spoken with Supervisor Bradshaw in his
capacity as a member of the Board's Budget and Finance Committee to
discuss certain options. He reported in an effort to alleviate the burden on the
County, he is recommending that the County provide a lump sum payment to
the Town the first year and pay the remaining funds over the following
twelve (12) months.
Supervisor Bradshaw requested that County Administrator Caskey
discuss the issue with the Budget and Finance Director.
Chairman Brown called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, advised that an
information meeting was held in the Robert C. Claud, Sr. Board Room on
September 16, 2009 to discuss VDOT rural rustic paving guidelines. He
advised that the vast majority of those present at the meeting requested that
the Board adopt the Resolution contained in the agenda to designate Muddy
Cross as a rural rustic road and request that VDOT concur with the
designation.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, TO DESIGNATE MUDDY CROSS
DRIVE, ROUTE 620, AS A RURAL RUSTIC ROAD
WHEREAS, Section 33.1 -70.1 of the Code of Virginia of 1950, as
amended, permits the improvement and hard surfacing of certain unpaved
roads deemed to qualify for designation as a Rural Rustic Road; and
WHEREAS, any such road must be located in a low - density
development area and have no more than 1500 vehicles per day; and
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia ( "Board ") requests that Muddy Cross Drive, Route 620, from
Turner Drive to Benns Church Boulevard be designated a Rural Rustic
Road; and
WHEREAS, the Board is unaware of pending development that will
significantly affect the existing traffic on this road; and
WHEREAS, this road is in the Board's six -year plan for improvements
to the secondary system of state highways; and
WHEREAS, the general public and particularly those citizens who own
land abutting this road have been made aware that this road may be paved
with minimal improvements as is consistent with the development of a rural
rustic road project; and
WHEREAS, the Board believes that this road should be so designated
due to its qualifying characteristics.
NOW, THEREFORE, BE IT RESOLVED, the Board hereby
designates this road a Rural Rustic Road, and requests that the Residency
Administrator for the Virginia Department of Transportation concur in this
designation.
BE IT FURTHER RESOLVED, the Board requests that this road be
hard surfaced and, to the fullest extent prudent, be improved within the
existing right of way and ditch -lines to preserve as much as possible the
adjacent trees, vegetation, side slopes, and rural rustic character along the
road in their current state.
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Residency Administrator 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.
Supervisor Wright notified MacFarland Neblett, VDOT Residency
Administrator, about certain problems with the left and right -hand sides of
the roadway at the Five Forks and Everett Roads intersection:
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Mr. Neblett offered to visit the site and take appropriate action to have
the problem corrected.
Supervisor Bradshaw commended VDOT for its participation in the
Holland - Councill Bridge dedication.
Supervisor Bradshaw notified Mr. Neblett that there is a significant
amount of water ponding on the asphalt before the new bridge in the City of
Franklin.
Mr. Neblett offered to visit the site and take appropriate action to
correct the ponding.
Supervisor Bradshaw acknowledged VDOT's recent grass cutting
efforts to ensure the safety of motorists.
Interim County Attorney Burton advised that staff is continuing in its
efforts with respect to the condemnation suit.
Supervisor Bradshaw inquired about the status of the paving project for
Lawrence Drive.
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Supervisor Clark inquired about the status of Yellow Rock Road.
Mr. Neblett offered to check on the status of the bids and report back.
Chairman Brown called for Citizens Comments.
No citizens signed up to speak to the Board.
Chairman Brown called for Board comments.
Supervisor Bradshaw recommended that a letter be sent to the
Chairman of the Southside Mayors and Chairs requesting that Chairman
Brown continue serving on the High Speed Rail Committee.
Supervisor Casteen requested all to be cognizant of Fire Prevention
Week and take extra precaution with fires.
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Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton requested the Board's authorization to
advertise for public hearing An Ordinance to Amend and Reenact the Isle of
Wight County Code Chapter 1. General Provisions. By Enacting Section 1-
7.3 Assessment for Courthouse Construction and Renovation.
Supervisor Bradshaw moved that the County Attorney's office be
authorized to advertise the proposed amendment for public hearing at the
Board's October 15, 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 the Board's authorization to
advertise for public hearing An Ordinance to Amend and Reenact the Isle of
Wight County Code by Amending and Reenacting Chapter 1. General
Provisions, Section 1 -7.1 Court Costs.
Supervisor Bradshaw moved that the County Attorney's office be
authorized to advertise the proposed amendment for public hearing at the
Board's October 15, 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 authorization to advertise a
public hearing on a Deed of Gift easement to the Virginia Outdoors
Foundation.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise a public hearing on the matter at the Board's October
15, 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 advised that he had five (5) matters to
discuss with the Board later during closed meeting.
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Chairman Brown called for the Parks and Recreation report.
Mark W. Furlo, Parks Administrator, and David Sawyer, Fair
Committee Chairman, commended the County's Fair Committee, volunteers
and County support staff for their contributions to this year's Fair.
Mr. Furlo advised that attendance had exceeded 21,000 and that
surveys had reflected that 97% of those in attendance were satisfied with the
Fair.
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Steven A. Aigner, Fire and Rescue Coordinator, requested that the item
related to the proposed Smithfield Volunteer Fire Department and Isle of
Wight Volunteer Rescue Squad renovation be deferred until the Board's
November 5, 2009 meeting.
Charlie Ansel, ACA Architects, advised that there are four remaining
elements that need to be priced for the EMS and fire facility projects. He
advised that the requirements of both departments have been met and the
materials selected and approved by Smithfield.
Supervisor Wright requested that consideration be given to one (1)
generator serving both buildings.
Supervisor Casteen recommended that the same size lettering be used
for the Smithfield Volunteer Fire Department and the Isle of Wight Volunteer
Rescue Squad.
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Chairman Brown declared a break.
Chairman Brown called for the Emergency Services report.
Chairman Brown called for the County Administrator's report.
County Administrator Caskey presented a request by the Isle of Wight
Christian Outreach Program for a monetary donation from the County in the
amount of $3,000. He advised that the Director of Budget and Finance has
developed a compilation of all outstanding items being requested for funding
in the total amount of $164,781 which the Board has deferred to its
December meeting. He advised that this amount does not include the request
by the YMCA for $75,000 for ten (10) years. He stated that staff is not
recommending at this time that the Board fund any particular request until
there is a better feel for what the budget numbers are going to be.
Supervisor Casteen reported on the opening of the new building for the
Western Tidewater Free Clinic and advised that for every dollar invested
with the Clinic, $5.41 of medical services is returned. He advised that 29%
of their clientele are from the County.
Supervisor Bradshaw moved that the request from Isle of Wight
Christian Outreach be deferred to the December 17, 2009 meeting to be
further discussed and handled with the other funding requests. 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 County Administrator Caskey to
provide the Board with the excerpt of the budget identifying the charitable
organizations that are currently receiving funding from the Board.
Supervisor Clark requested a list of charitable organizations that have
received funding from the County in past years.
Chairman Brown called for consideration of the Consent Agenda.
A. Change Order /Construction Contract with Kenbridge
Construction (New Courts Building)
B. Boykin's Tavern Advisory Committee — Changes to Bylaws
C. Amendments to the Isle of Wight County Small Arms and
Artillery Safety Standards and Guide to Black Powder Use Policy
D. Virginia Department of Transportation (VDOT) Acceptance of
New Secondary Roads in Eagle Harbor, Tract 1, Phase 3,
Graystone
Resolution of the Board of Supervisors of Isle of Wight
County Requesting Acceptance of Certain Roads in Eagle
Harbor Subdivision, Tract 1, Phase 3, Graystone, into the
Secondary system of State Highways
E. Virginia Department of Transportation (VDOT) Acceptance of
New Secondary Roads in Founder's Pointe Subdivision, Phase
2B & 2C
Resolution of the Board of Supervisors of Isle of Wight
County Requesting Acceptance of Certain Roads in
Founder's Pointe Subdivision, Phase 2B & 2C, into the
Secondary System of State Highways
F. Monthly Engineering Project Status Report
G. Litter Pick Up
H. Borrow Pit Bonding and the Borrow Pit Waiver Program
I. Delinquent Real Estate Tax Collection Monthly Report
Supervisor Bradshaw moved that the Consent Agenda be approved (to
include Item (J) added under Approval 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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Authorization to execute a modified Memorandum of
Understanding for the Opportunity Inc. /Summer Youth
Employment Extension.
Chairman Brown called for Appointments.
There were no appointments offered by the Board.
Chairman Brown called for Old Business.
There was no old business offered for discussion by the Board.
Chairman Brown called for New Business.
Supervisor Wright advised that he had received a letter from the Isle of
Wight Ruritan Club requesting that it be allowed to tap onto the water line
for the new animal control facility at a reduced or no charge.
Supervisor Wright moved that staff be directed to return with a
recommendation at the Board's October 15, 2009 meeting regarding the Isle
of Wight Ruritan Club being able to tap onto the water line for the new
animal control facility at a reduced or no charge. 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 that also discussed at the most recent meeting
of the Hampton Roads Military and Facilities Alliance was military
construction. He advised the Board that he had Ms. Perry and Mr. Robertson
assistance regarding the possibility of some of the County's facilities being
used.
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Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice pertaining to probable
litigation; under Section 2.2.3711.A.7 regarding consultation with legal
counsel requiring the provision of legal advice pertaining to probable
litigation; under Section 2.2.3711.A.7 regarding consultation with legal
counsel requiring the provision of legal advice pertaining to Lawnes Pointe;
under Section 2.2- 3711.A.1 pertaining to discussion of a personnel matter
pertaining to a specific public official; and, under Section 2.2- 3711.A.1
pertaining to discussion of a personnel matter pertaining to a specific public
official.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated by the Interim County Attorney. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
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:
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
CERTIFICATION OF CLOSED MEETING
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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At 8:05 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 t voting in favor of the motion,
and no Supervisors voting against the
°I)6)
Carey 1ls Storm, Clerk
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B. Brown, Jr., Chairman