01-07-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF JANUARY IN THE
YEAR TWO THOUSAND AND TEN
PRESENT: Phillip A. Bradshaw
Al Casteen
Stan D. Clark
JoAnn W. Hall
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
Supervisor Bradshaw called the meeting to order at 5:00 p.m. and
delivered the invocation.
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The Pledge of Allegiance was conducted.
Supervisor Bradshaw called for the election of 2010 Chairman and
Vice - Chairman.
Supervisor Wright moved that Supervisor Bradshaw be elected as
Chairman of the Board for 2010. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that Supervisor Wright be elected as Vice -
Chairman of the Board for 2010. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Bradshaw called for the appointment of the Clerk of the
Board for 2010.
Supervisor Wright moved that Carey Mills Storm be appointed as
Clerk of the Board for 2010. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Bradshaw called for consideration of the Board's 2010
meeting schedule.
Supervisor Clark moved that the Board's following meeting schedule
be adopted for 2010:
Thursday, January 21 at 6:00 p.m. *
Thursday, February 18 at 6:00 p.m. *
Thursday, March 4 at 5:00 p.m.
Thursday, March 18 at 6:00 p.m. *
Thursday, April 1 at 5:00 p.m.
Thursday, April 15 at 6:00 p.m. *
Thursday, May 6 at 5:00 p.m.
Thursday, May 27 at 6:00 p.m. *
Thursday, June 17 at 6:00 p.m. *
Thursday, July 1st at 5:00 p.m. *
Thursday, July 15 at 6:00 p.m. *
Thursday, August 5 at 5:00 p.m.
Thursday, August 19 at 6:00 p.m. *
Thursday, September 2 at 5:00 p.m.
Thursday, September 23' at 6:00 p.m. *
Thursday, October 7 at 5:00 p.m.
Thursday, October 21" at 6:00 p.m. *
Thursday, November 4 at 5 :00 p.m.
Thursday, November 18 at 6:00 p.m. *
Thursday, December 2n at 5:00 p.m.
Thursday, December 16 at 6:00 p.m. *
Thursday, January 6, 2011 at 5:00 p.m.
Advertised public hearings will be scheduled at 7:00 p.m. on
these regular meeting dates.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bradshaw called for consideration of the Rules of Procedure
of the Isle of Wight County Board of Supervisors.
Supervisor Wright moved that the Board adopt the Rules of Procedure
of the Isle of Wight County Board of Supervisors. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
The Board concurred with the following Board Committees for 2010:
Budget & Finance /CIP Parks and Recreation
Phillip A. Bradshaw Stan D. Clark
Thomas J. Wright, III JoAnn Hall
Building & Grounds Personnel
Al Casteen Stan D. Clark
Stan D. Clark JoAnn Hall
Refuse Schools
Thomas J. Wright, III Al Casteen
Al Casteen JoAnn Hall
Intermodal Law Enforcement
Phillip A. Bradshaw Stan D. Clark
Thomas J. Wright, III Thomas J. Wright, III
Franklin Intergovernmental Relations
Phillip A. Bradshaw
Thomas J. Wright
Smithfield Intergovernmental Relations
Al Casteen
Stan D. Clark
Windsor Intergovernmental Relations
Phillip A. Bradshaw
Thomas J. Wright, III
The Board concurred with the following Regional Committees:
Coalition of High Growth Communities
Supervisor Clark
Supervisor Casteen
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Hampton Roads Economic Development Alliance
Chairman Bradshaw
Hampton Roads Transportation Planning Organization
Supervisor Clark
(Chairman Bradshaw /Alternate)
Hampton Roads Military and Federal Facilities Alliance
Chairman Bradshaw
Hampton Roads Partnership
Chairman Bradshaw
Hampton Roads Planning District Commission
Supervisor Clark
Joint Tourism Committee
Supervisor Casteen
Supervisor Wright
Mayors and Chairs Caucus
Chairman Bradshaw
Smithfield Intergovernmental Relations Committee
Supervisor Casteen
Supervisor Clark
Social Services Board
Supervisor Hall
Southeastern Public Service Authority
Supervisor Clark
(Supervisor Wright/Alternate)
South Hampton Roads Resource Conservation and Development Council
Supervisor Casteen
Southside Mayors and Chairs
Chairman Bradshaw
VACo/Board of Directors
Chairman Bradshaw
Western Tidewater Regional Jail Authority
Supervisor Casteen
Supervisor Wright
Western Tidewater Water Authority
Supervisor Clark
Supervisor Wright
Windsor Intergovernmental Relations Committee
Chairman Bradshaw
Supervisor Wright
Supervisor Wright moved that Supervisor Casteen be appointed to
serve on the Western Tidewater Regional Jail Authority. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Casteen moved that Supervisor Hall be appointed to serve
on the Social Services Board. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that Supervisor Hall be appointed to serve on
the Chamber of Commerce Board. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
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Chairman Bradshaw called for approval of the agenda.
Interim County Attorney Burton offered the following amendment to
the agenda: Add Citizens Comments following County Attorney's report;
under New Business, add consideration of a Resolution to Approve the
Purchase of Agricultural Conservation Easement Valuation Methodology
Adopted by the Isle of Wight County Purchase of Agricultural Conservation
Easement Committee; and, remove one (1) closed meeting item.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Bradshaw called for the County Attorney's report.
Interim County Attorney Burton requested authorization to advertise a
public hearing on the following: An Ordinance to Amend and Reenact the
Isle of Wight County Code by Amending and Reenacting Chapter 2.
Administration. By Adding Article VII. Auxiliary Deputy Sheriff Force.
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Supervisor Clark moved that the Board authorize the County
Attorney's office to advertise the ordinance amendment for public hearing at
the Board's February 18, 2010 meeting. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a Memorandum of
Understanding (MOU) with Opportunity, Inc. to extend the program to
March 31, 2010 for the Board's consideration.
Supervisor Casteen moved that the Chairman be authorized to execute
the MOU on behalf of the Board. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a Purchase and Sale
Agreement with Goodwood Virginia, LLC for the Board's consideration. He
brought to the Board's attention that a closing on this matter has been
requested to occur by February 19, 2010, which can be extended to March
31, 2010 upon the County paying an additional deposit. He noted that the
Board may wish to take advantage of the March 31, 2010 closing date as the
County will be funding its portion of cost from an upcoming bond issue. He
advised that the County will be required to pay $1.5 million at the time of the
closing, which will be returned from the bond issue, followed by a
conservation easement after the closing to be reimbursed by the State
Forestry in the amount of $850,000 and the Nature Conservancy in the
amount of $640,000. He recommended that the Board approve the contract
and authorize the Chairman to execute it on behalf of the Board. He stated
with respect to the Timber Deed, the County will convey the timber back to
Goodwood Virginia, LLC as it is their right to harvest the timber on the
upland portion of the property. He advised that there is also a right on the
part of Goodwood Virginia, LLC to assign the timber rights; however, they
are required to provide notification to the County before assigning those
timber rights and the County has the right to negotiate with Goodwood
Virginia, LLC under the terms and conditions that they are offering to sell the
timber. He advised that there is a possibility that the County, through the
Nature Conservancy, would be able to come up with funds sufficient to pay
for that so that in the future, the County may be able to purchase the timber
rights from Goodwood Virginia, LLC and the County would then own the
entire property exclusively and be able to harvest it in the future if the Board
deems appropriate.
Supervisor Clark moved that the matter of the Purchase and Sale
Agreement with Goodwood Virginia, LLC and the Timber Deed with
Goodwood Virginia, LLC be deferred until following the closed meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton advised that he had four (4) matters to
discuss with the Board later in closed meeting.
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Chairman Bradshaw called for Citizens Comments.
Robbie Younger requested the County's assistance with securing
State/Federal funding with respect to the repair /stabilization of her property
at Morgarts Beach which experienced significant erosion during the most
recent nor'easter.
Supervisor Clark moved that staff be directed to make contact with Ms.
Younger with regard to the availability of any Federal and State financial
assistance. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Henry Morgan, 22048 Ballard Creek Drive, responded to a recent
editorial which appeared in the Smithfield Times which alleged that the Board
was responsible for Walmart not being attracted to the County because it did
not act with a sense of urgency. He stated that during the process, three (3)
development partners were lost, which was the applicant's and Armada
Hoffler's fault. He advised that Walmart did not locate in the County
because Armada Hoffler decided not to renew Walmart's contract as capital
markets had collapsed and the retail economy was in a downturn. He
clarified that none of those events were caused by the Board and were not in
the control of the Board. He advised that he submitted a revised application
on February 15` and received approval 15 weeks later, which he believes is
very responsive and supportive. He stated with respect to the suggestion that
the applicants and the County should have taken what it could get when it
could get it, he hopes that we all would prefer to work to get what is wanted.
He clarified that none of this Board or previous boards held up any
applications in any way or were responsible for any businesses deciding not
to locate in the County.
Chairman Bradshaw called for consideration of the following Consent
Agenda:
A. Resolution in Recognition of the Passing of Keith L. Jones
B. Unfunded General Services Project Needs
Resolution to Fund Selected Capital Requests
C. Schools Carryover Funding Request
Resolution to Expend Carryover Funds from the School's
Capital Line Item of the Board of Supervisors' Budget
D. Unfunded Requests for Financial Support
Resolution to Fund Selected Requests
E. Impact of the Governor's Proposed 2010 -2012 Budget
Supervisor Wright moved that Item (A), Resolution in Recognition of
the Passing of Keith L. Jones, be removed and that the remaining items on
the Consent Agenda be approved. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Regarding Item (A.), Resolution in Recognition of the Passing of Keith
L. Jones, following comments by several Board members regarding the
dedicated service of Mr. Jones, Supervisor Clark moved that the following
Resolution be adopted:
RESOLUTION IN RECOGNITION OF
THE PASSING OF KEITH LAMONT JONES
WHEREAS, Mr. Keith Lamont Jones was a native of the Hardy
District of Isle of Wight County; and,
WHEREAS, Mr. Jones faithfully served his community and his church
in an effort to improve the quality of life for all citizens of Isle of Wight
County; and,
WHEREAS, Mr. Jones was an active member of the Rushmere
Volunteer Fire Department for over 20 years and served as Chief for most of
his tenure with the Department; and,
WHEREAS, the Isle of Wight County Board of Supervisors sincerely
appreciates his dedicated service and leadership within the community; and,
WHEREAS, the citizens of Isle of Wight County were deeply saddened
by the news of the untimely passing of Mr. Jones.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
express it deepest condolences to the family of Mr. Keith Lamont Jones.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Bradshaw called for Old Business.
Mark W. Furlo, Director of Parks and Recreation, reported on the
clearing and grading project at the Henry H. Bradby Park responsive to the
Board's direction at its December 17, 2009 meeting. He distributed copies of
an estimate in the amount of $700,000 to perform the additional drainage
improvements and a master drainage plan and noted that there is currently
$308,000 remaining in the construction account.
Supervisor Clark moved that the matter be referred to the Parks and
Recreation Committee. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Diane M. Jones, Emergency Communications Center Manager, advised
the Board that the County has received an "end of life" notice on the
MAARS equipment being utilized in the emergency communications center.
She advised that because it is becoming increasingly difficult and expensive
to obtain service on this equipment, staff has pursued and received a grant
from the Commonwealth Wireless Services Board with respect to the
upgrade of the equipment. She advised that the maximum allowable grant
amount is $150,000; however, initial estimates are in excess of $250,000 to
fully fund the project. She advised that the cost can be reduced by scaling
down the project and putting it out to competitive bid; however, in order to
replace the system currently in place, the Emergency Communications Center
will need an additional $75,000 depending on the outcome of the
procurement process.
Supervisor Clark moved that the project be funded as presented and
requested the ECC Manager to also present this information to the Smithfield
and Windsor Town Managers. Mr. Reck is to return to the Board with an
appropriate resolution. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Bradshaw called for New Business.
Lisa T. Perry, Director of Economic Development, addressed the Board
regarding the privatization of Shirley T. Holland Intermodal Park project,
which is at a tipping point at which soliciting a substantial private sector
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development partner would be advantageous in key areas. She recommended
that the Board direct staff to move forward with the development of a
comprehensive Request for Proposals in partnership with Moffatt & Nichol
under the existing professional services contract and to solicit a private sector
partner by year end 2010.
Supervisor Clark moved that the Board accept the Director of
Economic Development's report and direct staff to move forward with the
development of a comprehensive Request for Proposal (RFP) in partnership
with Moffatt & Nichol under the existing professional services contract and
to solicit a private sector partner by year -end 2010. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Mark C. Popovich, Assistant County Attorney, presented a Resolution
to Approve the Purchase of Agricultural Conservation Easement Valuation
Methodology Adopted by the Isle of Wight County Purchase of Agricultural
Conservation Easement Committee, added under Approval of the Agenda, for
the Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO APPROVE THE PURCHASE OF
AGRICULTURAL CONSERVATION EASEMENT
VALUATION METHODOLOGY ADOPTED BY THE
ISLE OF WIGHT COUNTY PURCHASE OF AGRICULTURAL
CONSERVATION EASEMENT COMMITTEE
WHEREAS, Section C -8 and C -11(b) of the Isle of Wight County
Code require the Purchase of Agricultural Conservation Easement (PACE)
Committee to determine a methodology for the valuation of potential
properties upon which a conservation easement may be acquired by Isle of
Wight County; and,
WHEREAS, Section C -8 and C -11(b) of the Isle of Wight County
Code requires that the Isle of Wight County Board of Supervisors formally
approve the PACE Committee valuation methodology.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that the PACE Committee's valuation methodology, as
it may be adjusted from time to time by the PACE Committee, is hereby
formally adopted by the Isle of Wight County Board of Supervisors for the
purposes of valuing potential purchases of conservation easements within
Isle of Wight County, Virginia.
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The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Wright reported that John Rankin, the new Mill Manager at
International Paper, has expressed an interest in partnering with the County
with respect to that facility's reuse.
Judy H. Winslow, Director of Tourism, reported on the successes
achieved in the Tourism Department this year, noting that there has been a
91% increase in tourism visitation for the Town of Smithfield and the
County. She advised that a press release regarding those numbers has been
issued and she noted that the Department's move into the new Visitor's
Center in Smithfield has attributed to making tourism an important part of an
economic development package.
County Administrator Caskey disseminated copies of a budget directive
letter to the Board that he intends to distribute to staff calling attention to the
economic challenges which lie ahead.
Supervisor Clark reported on the success of the most recent Building
and Grounds Committee meeting in which the Director of Budget and
Finance had participated.
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Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.3 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice regarding property
located in the Hardy District; pursuant to Section 2.2- 3711.A.1 regarding
discussion of a personnel matter pertaining to a specific public official;
pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel
requiring the provision of legal advice concerning actual litigation; and,
pursuant to Section 2.2- 3711.A.3 regarding consultation with legal counsel
requiring the provision of legal advice regarding property located in the
Carrsville District.
Supervisor Wright moved that the Board enter the closed meeting
pursuant to the reasons stated by the Interim County Attorney. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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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, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Clark moved that the Chairman be authorized to execute the
Purchase and Sales Agreement and the Timber Deed with Goodwood
Virginia, LLC for the acquisition of the Blackwater River property. The
motion was adopted by a vote of (3 -2) with Supervisors Bradshaw, Clark and
Wright voting in favor of the motion and Supervisors Casteen and Hall
voting against the motion.
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Supervisor Clark moved that the Board adopt the following Resolution:
At 6:50 p.m., Supervisor Wright moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Carey Is St. ;'" , Clerk
CERTIFICATION OF CLOSED MEETING
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ip A. Bradshaw., Chairman