06-17-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF JUNE IN THE
YEAR TWO THOUSAND AND TEN
PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice - Chairman
Al Casteen
Stan D. Clark
JoAnn W. Hall
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Bradshaw called the meeting to order at 6:00 p.m.
Supervisor Clark delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Bradshaw called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney's report, add three (3) closed
meeting items; under the County Attorney's report, add authorization for a
public hearing on July 15, 2010 for an amendment to the Real Property
License Agreement between Isle of Wight County and the Windsor Hunt
Club; under the County Attorney's report, add authorization for a public
hearing on July 15, 2010 for an Ordinance Granting a Cable Service
Franchise by Isle of Wight County, Virginia to Charter Communications VI,
LLC, D /B /A Charter Communications; under the County Attorney's report,
add authorization for public hearing on July 15, 2010 for an Ordinance to
Amend and Reenact the Isle of Wight County Code by Amending and
Reenacting Chapter 15. Taxation. Article I. In General. Section 15 -3.1. Tax
on Probates of Wills or Grants of Administration as requested by Sharon
Jones, Circuit Court Clerk; under the County Attorney's report, add
Resolution to Authorize Change Order Number Five (005) to the Young -
Laine Courts Building Contract and to rescind the Board's action adopting
Change Order Number Four (004) at the meeting of May 27, 2010; under the
County Attorney's report, authorization to accept a donation in the amount of
$4,500.00 from Delbert E. O'Meara for the improvement of the voting
precinct building in the Walters Community; under the County
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Administrator's report, add a report by Lisa Perry regarding the potential use
of the Franklin Municipal Airport responsive to the pending Naval Airfield
Operations Project; and, under the County Administrator's report, add item
regarding the Governor's Commission on Government Reform.
Supervisor Wright moved that the agenda be adopted, 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.
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Chairman Bradshaw called for Special Presentations /Appearances.
Chief Sullivan displayed a dog that is currently available for adoption
at the County's animal shelter.
MacFarland Neblett was formally presented a Resolution of
Appreciation on the Occasion of his Retirement which was adopted by the
Board at its May 6, 2010 meeting.
Diane Pollard, Director of Secondary Education, Isle of Wight County
Schools, addressed the Board regarding a partnership between the Schools
and the Isle of Wight Arts League.
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Chairman Bradshaw called for consideration of the Consent Agenda.
A. Recognition of Newport News Mayor Joe Frank
. A Resolution to Recognize the Accomplishments and
Contributions of Mayor Joe S. Frank
B. Efficiency Review /Citizens Advisory Group
C. Safety and Training Update
D. Modified Approach to Reporting on Transportation Matters
E. Resolution in Opposition to Predatory Lending
Resolution Seeking Prohibition of all Predatory, Usurious
Lending Practices in the Commonwealth of Virginia
F. NACo Voting Credentials
G. Change in Board of Supervisors' Meeting Schedule
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Resolution of the Board of Supervisors of Isle of Wight County,
Virginia to Change its Meeting Schedule Adopted by the Board
at its Organizational Meeting of January 7, 2010 (Cancellation of
July 1, 2010 and August 5, 2010 Meetings)
H. Litter Pick Up
I. Application for Grant Funds — Department of Justice COPS
Hiring Recovery Program (CHRP)
Resolution to Accept and Appropriate Grant Funds from
the Department of Justice for the COPS Hiring Recovery
Program
J. Monthly Financial Reports for County and Schools
K. Delinquent Real Estate Tax Collection Monthly Report
L. April 15, 2010 Regular Meeting Minutes
M. April 26, 2010 Special Meeting Minutes
N. May 5, 2010 Special Meeting Minutes
O. May 6, 2010 Regular Meeting Minutes
Supervisor Casteen moved that the Consent Agenda be approved, to
include the revised Item (J), Monthly Financial Reports for County and
Schools, which was revised by the Director of Budget and Finance and
distributed to the Board prior to the 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.
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Chairman Bradshaw called for discussion on the County's FY2010 -11
General Operating and Capital Budgets.
Ron D. Reck, Director of Budget and Finance, presented a Resolution
to Approve the 2010 -11 Operating, Capital and Special Revenue Budgets
which contains funding for the inclusion of the Isle of Wight Arts League,
the Rawls Museum, CHIPS, a reduction of $25,000 to the Sheriff's budget,
and leaves $258,000 in the Fund Balance.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO APPROVE THE 2010 — 2011 OPERATING,
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CAPITAL AND SPECIAL REVENUE BUDGETS
WHEREAS, a balanced Operating and Capital budget for Fiscal Year
2010 -2011 has been presented to the Board of Supervisors of Isle of Wight
County on May 27, 2010 and;
WHEREAS, the presentation offered to the Board of Supervisors on
May 27, 2010 included separate revenue and expense budgets for Public
Utilities and Special Revenue Budgets and;
WHEREAS, the Board of Supervisors approved the Isle of Wight
County Schools budget on May 27, 2010 and the 2011 — 2015 Capital
Improvement Plan on March 24, 2010 and;
WHEREAS, a public hearing was conducted on May, 27, 2010.
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the General Operating &
Capital, Public Utilities and Special Revenue budgets for FY 2010/11 are
adopted in the following amounts;
General Operations /Capital $96,201,057
Public Utilities $ 7,387,249
Museum Gift Shop $ 10,000
E- 911/Emergency Communications $ 869,873
Social Services $ 4,222,122
County Fair $ 215,730
Comprehensive Services (CSA) $ 746,613
Section 8 (Housing) $ 159,156
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 Regional Reports.
Supervisor Clark reported that the Hampton Roads Transportation
Planning Organization discussed the Hampton Roads Regional FOG
Abatement Program at its most recent meeting. He advised that a
presentation on high -speed rail was received with respect to some of the
required financial commitments by the Commonwealth. He advised that the
Federal Highway Administration had also held a meeting to educate the
Hampton Roads Planning District Commission members on the rail plan.
Regarding Social Services, Supervisor Hall reported that food stamp
applications were up 40% last month.
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Regarding the VACo/Board of Directors, Chairman Bradshaw advised
that the Governor's Commission on Reform would be discussed later under
the County Administrator's report.
Supervisor Casteen reported that the Western Tidewater Regional Jail
Authority's total budget was $12,406,293 and, that of that amount, the
County is responsible for $421,250.
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Chairman Bradshaw called for Transportation Matters.
Chairman Bradshaw presented a petition for a "Children at Play" sign
on Colosse Road.
Chairman Bradshaw moved that the petition be accepted and that staff
be directed to request VDOT to install a "Children at Play" sign on Colosse
Road, as requested. 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 Citizens Comments.
Rudy Langford, President of the State Coalition for Justice and Civil
Rights, requested that the Board support the Coalition's recommendation that
the Sheriff resign from his position as a Constitutional Officer.
Albert Burckard commented that a recent article had appeared in The
Virginian Pilot which advised that there will be an Amtrak train to link the
City of Norfolk to the City of Richmond in three (3) years. He reminded the
Board that he had proposed in the past a light passenger rail link between the
Amtrak station in the City of Newport News and the Town of Windsor to be
paid for by a group of private investors.
Herb DeGroft, Isle of Wight Citizens Association, requested the
Board's support of the November 13, 2010 Veterans Celebration and Parade
to Commemorate the 65 Anniversary of the end of World War II.
Supervisor Clark moved that staff be directed to develop a Resolution
endorsing the activity for the Board's consideration. 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 Board comments.
Supervisor Clark, in response to Mr. Burckard's comments under
Citizens Comments regarding light -speed rail through the County, advised
that he has been bringing this issue to the attention of the Hampton Roads
Planning District Commission members for the past two (2) years, to no
avail.
Chairman Bradshaw called for the County Attorney's report.
Interim County Attorney Burton presented a request for a refund in the
amount of $30,676.80 to Smithfield Packing Company due to an erroneous
tangible personal property form rendition submitted for 2009.
Supervisor Casteen moved that the County Attorney be authorized to
sign the request approving the refund. 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 the Department of
Agriculture and Consumer Services has awarded the County an additional
$1,000,692.27 in reprogrammed FY2008 State matching funds for the local
Purchase of Development Rights Program. He requested the Board to
authorize the County Administrator to sign the Addendum on behalf of the
Board.
Supervisor Clark moved that the County Administrator be authorized to
sign the Addendum 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 advised that he recommends to the
Board the lease between the County and the Pons Hunt Club, which has been
executed by the Club and which contains the suggested changes of
Supervisor Wright that 51% of the membership be County residents, that
there be no alcoholic beverages allowed on the property and that there be no
disposal of the deer remains on the property.
Supervisor Wright moved that the Chairman be authorized to execute
the Lease between the County and the Pons Hunt Club 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.
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Interim County Attorney Burton was directed to provide the Board
with a three -month monitoring report in September 2010 with respect to 51%
of the membership being County residents.
Interim County Attorney Burton advised that he recommends to the
Board the lease between the County and the Isle of Wight Hunt Club, which
has been executed by the Club and which contains the suggested changes of
Supervisor Wright that 51% of the membership be County residents, that
there be no alcoholic beverages allowed on the property and that there be no
disposal of the deer remains on the property.
Supervisor Wright moved that the Chairman be authorized to execute
the Lease between the County and the Isle of Wight Hunt Club 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 was directed to provide the Board
with a three -month monitoring report in September 2010 with respect to 51%
of the membership being County residents.
Chairman Bradshaw requested authorization to advertise for public
hearing the Real Property License Agreement between Isle of Wight County
and the Windsor Hunt Club.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise for public hearing on July 15, 2010 an amendment to
the Real Property License Agreement between Isle of Wight County and the
Windsor Hunt Club. 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 requested authorization to advertise
for public hearing an Ordinance Granting a Cable Service Franchise by Isle
of Wight County, Virginia to Charter Communications VI, LLC, D/B /A
Charter Communications.
Supervisor Casteen moved that the County Attorney's office be
authorized to advertise for public hearing on July 15, 2010 an Ordinance
Granting a Cable Service Franchise by Isle of Wight County, Virginia to
Charter Communications VI, LLC, D/B /A Charter Communications. 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 requested authorization to advertise
for public hearing An Ordinance to Amend and Reenact the Isle of Wight
County Code by Amending and Reenacting Chapter 15. Taxation. Article I.
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In General. Section 15 -3.1. Tax on Probates of Wills or Grants of
Administration.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise for public hearing on July 15, 2010 An Ordinance to
Amend and Reenact the Isle of Wight County Code by Amending and
Reenacting Chapter 15. Taxation. Article I. In General. Section 15 -3.1. Tax
on Probates of Wills or Grants of Administration. 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 Resolution to Authorize
Change Order Number Five (005) to the Young -Laine Courts Building
Contract and requested that the Board rescind its action adopting Change
Order Number Four (004) at the Board's meeting of May 27, 2010.
Supervisor Casteen moved that the Board adopt the following
Resolution and rescind the Board's action adopting Change Order Number
Four (004) at the Board's meeting of May 27, 2010:
RESOLUTION TO AUTHORIZE CHANGE ORDER NUMBER FIVE ( #5)
TO THE YOUNG -LAINE COURTS BUILDING CONTRACT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia have entered into a contract with Kenbridge Construction for the
completion of a new Courts building and,
WHEREAS, certain changes have been proposed and /or requested by
the County Staff and by Courts personnel to improve functionality of the
project and;
WHEREAS, unusually wet and cold weather conditions resulted in the
contractor experiencing delays such that extending the contract completion
date is reasonable and;
WHEREAS, the proposed changes have been reviewed and
recommended by staff, the County's Construction Manager (Powell
Management Associates) and by the Board's Buildings and Grounds
Committee.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the County Administrator be
authorized to approve a Change order resulting in an increase to the total
contract cost in the amount of $66,459 and which extends contract
completion by 30 days to September 2, 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.
Interim County Attorney Burton recommended that the Board accept a
donation of $4,500 from Delbert E. O'Meara for the improvement of the
Walters Community Voting Precinct.
Chairman Bradshaw moved that the County Attorney's office be
authorized to accept a donation of $4,500.00 from Delbert E. O'Meara for the
improvement of the voting precinct building in the Walters community.
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 during the closed meeting.
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Chairman Bradshaw called for the Community Development report.
Beverly H. Walkup, Director of Planning and Zoning, advised that the
Small Business Committee was established by the Board in the fall of 2009
in an effort to better understand the challenges that small business owners
face within the County. She requested that the Board review the position
paper and language contained in the agenda with respect to zoning criteria
and provide staff with any feedback.
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At 7:00 p.m., Supervisor Clark moved that the Board amend its agenda
and conduct the public hearings. 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 a public hearing on the following:
The application of Frank and Susan Meeker, owners, for an exception
to the Chesapeake Bay Preservation Area Ordinance. Specifically,
Section 4002 (B)(2)(a.) to allow encroachment up to 12 feet into the
100 -foot Resource Protection Area (RPA) Buffer for the construction
of a single- family residence. The property, containing approximately
0.93 acres of land, is Tax Map Parcel 14 -01 -003, located on Morgart's
Beach Road (Rt. 673), Smithfield, in the Hardy Election District.
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Chairman Bradshaw advised that a letter from Jerry Norton dated June
15, 2010 had been placed at the Board member's seats prior to the meeting
advising that Tormentor Lake has been in a deteriorating stated over the past
several years and requesting that the Board vigorously protect the RPA
buffers.
Kim Hummel, Planning and Zoning, presented the application to the
Board.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the application.
No one appeared and spoke.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Ms. Walkup advised that staff believes that this exemption is warranted
and does meet the criteria for an exception due to the steep slopes.
Supervisor Hall moved that the application of Frank and Susan Meeker
be approved as presented. 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 a public hearing on the following:
VDOT Six -Year Improvement Plan (Resolution of the Board of
Supervisors of Isle of Wight County Regarding Selection of Priorities
for the Virginia Department of Transportation's Six -Year Improvement
Plan for Fiscal Years 2010/11 through 2015/16).
Eddie P. Wrightson, Director of General Services, presented the Plan to
the Board. He formally introduced Bob Scott, Assistant Urban Programs
Manager, Virginia Department of Transportation, to the Board.
Interim County Attorney Burton certified that the Plan had been
properly advertised.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Resolution.
No one appeared and spoke.
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Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the following Resolution be adopted:
A RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY
REGARDING SELECTION OF PRIORITIES
FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S
SIX -YEAR IMPROVEMENT PLAN
FOR FISCAL YEARS 2010/11 THROUGH 2015/16
WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the Code of Virginia of
1950, as amended, provides the opportunity for each county to work with the
Virginia Department of Transportation in developing a Secondary Six -Year
Improvement Plan; and
WHEREAS, this Board previously agreed to assist in the preparation of
this Plan, in accordance with the Virginia Department of Transportation
policies and procedures, and participated in a public hearing on the proposed
Plan (2010/11 THROUGH 2015/16) on June 17, 2010 after duly advertised
so that all citizens of the County had the opportunity to participate in the
hearing and to make comments and recommendations concerning the
proposed Plan and Priority List; and
WHEREAS, at a regular meeting of the Board of Supervisors on June
17, 2010, the Board unanimously approved the proposed Plan.
NOW, THEREFORE BE IT RESOLVED that since the proposed Plan
appears to be in the best interests of the Secondary Road System in Isle of
Wight County and of the citizens residing on the Secondary System, the
Secondary Six -Year Improvement Plan (2010/11 THROUGH 2015/16) and
Construction Priority List are hereby approved as presented at the public
hearing.
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Virginia Department of Transportation.
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 a public hearing on the following:
Appropriation Ordinance pertaining to the Budget of Isle of Wight
County, Virginia for Fiscal Year July 1, 2010 through June 30, 2011
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
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Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Ordinance.
No one appeared and spoke.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the following Ordinance be adopted:
AN APPROPRIATION ORDINANCE PERTAINING TO THE
BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA
FOR FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011
ADOPTED THE 17th DAY OF JUNE, 2010
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to -wit:
(a) By motion at its June 17, 2010 meeting, the Board approved a
budget for fiscal year 2010 - 2011 in the sum of $ 96,201,057.00;
(b) That lump sum appropriations are hereby made on an annual
basis for fiscal year beginning July 1, 2010, through June 30, 2011, for
separate items, categories, functions and purposes in the budget adopted by
the Board of Supervisors on the 17 day of June, 2010, including the sum of
$ 58,757,529.00 is hereby appropriated to the Isle of Wight County School
Board to be expended based on the nine (9) educational categories in the
following amounts:
Educational Category FY 2010 -11
Instructional Services $ 40,766,594.00
Admin., Attendance and Health $ 2,119,109.00
Pupil Transportation $ 2,974,418.00
Operations and Maintenance $ 4,757,197.00
School Food Service $ 2,016,939.00
Facility Improvements $ 0.00
Debt Service $ 4,479,734.00
Technology $ 1,643,538.00
Contingency Reserve $ 0.00
(c) That all proceeds received for the fiscal year beginning July 1,
2010 from the County general tax rate levies, from other local revenue, from
Federal and State funds and supplements and from all other funds and
sources for general County functions and purposes, including public schools
and public welfare, be credited to the General Revenue Fund of this County,
and, when and if appropriated by the Board of Supervisors of this County,
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shall be used for such functions and purposes and to defray the charges and
expenses of said County and all necessary charges incident to or arising from
the execution of the lawful authorization of the Board of Supervisors of this
County;
(d) That the County Administrator is hereby authorized to make all
expenditures in payment of all line items in the budget at any time during the
fiscal year in any amounts so long as those amounts are not greater than the
amounts available in the fund for such item or category and the County
Administrator is hereby authorized to make line item transfers within
categories and from category to category so long as the transfers of line items
are within the budget and do not exceed the funds available for such purpose.
(e) That all encumbered funds which are earmarked for specific
projects, which are not expended during the current fiscal year, will be
carried over as encumbered funds for said projects for the ensuing years
unless the encumbrances are removed by action of the Board of Supervisors.
(f) That the Treasurer of Isle of Wight County is hereby authorized
and directed to transfer to the indicated appropriate "funds" in the aforesaid
budget estimates from the General Revenue Fund, from time to time, as
monies become available, sums equal to but not in excess of the
appropriation herein made to such "funds ", for the functions and purposes
therein indicated from the General Revenue Fund for the period covered by
this appropriation ordinance.
(g) That the Treasurer of Isle of Wight County is hereby authorized
to honor and pay all warrants and to pay out funds from the various "funds"
indicated in said Budget estimates for any contemplated expenditure for
which funds have been made available and appropriated for such
contemplated expenditures.
(h) 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 -1) with Supervisors Bradshaw,
Casteen, Hall and Wright voting in favor of the motion and Supervisor Clark
voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for
Fiscal Year July 1, 2010 through June 30, 2011.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Ordinance.
No one appeared and spoke.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the following Ordinance be adopted:
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011
ADOPTED THIS 17 DAY OF JUNE, 2010
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to -wit:
(1) That there is hereby levied for the fiscal year beginning July 1,
2010, a tax of $0.52 per one hundred dollars of assessed valuation on all
taxable real estate, and all real and personal property of public service
corporations in accordance with Section 58.1 -2606 of the Code of Virginia
(1950, as amended); and
(2) That there is hereby levied for the fiscal year beginning July 1,
2010, a tax of $0.95 per one hundred dollars of assessed valuation on
machinery and tools used in businesses as defined in Section 58.1 -3507 of
the Code of Virginia (1950, as amended); and
(3) That there is hereby levied for the fiscal year beginning July 1,
2010, a tax of $1.00 per one hundred dollars of assessed valuation of boats,
watercraft and aircraft as defined in Section 58.1 -3606 of the Code of
Virginia (1950, as amended); and
(4) That there is hereby levied for the fiscal year beginning July 1,
2010, a tax of $4.50 per one hundred dollars of assessed valuation on all
tangible personal property, as defined and classified in Sections 58.1 -3500
through 3504 and Section 58.1 -3506 of the Code of Virginia (1950, as
amended) except that all household goods and personal effects as defined and
classified in Section 58.1 -3504 are exempt from said levy; and
(5) That there is hereby levied for the fiscal year beginning July 1,
2010, a tax of $0.32 per one hundred dollars of assessed valuation on
watercraft, including vessels and ships, weighing five tons or more,
excluding privately owned pleasure boats and watercraft used for recreational
purposes only;
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(6) That there is hereby levied for the fiscal year beginning July 1,
2010, a tax of one -half (1/2) of one percent (1%) of the gross receipts on
telephone and telegraph companies, water companies, heat, light and power
companies, except electric suppliers, gas utilities and gas suppliers as defined
in Section 58.1 -400.2 of the Code of Virginia (1950, as amended) and
pipeline distribution companies as defined in Section 58.1 -2600 of said Code,
accruing from sales to the ultimate consumer in the County of Isle of Wight,
Virginia, pursuant to Section 58.1 -3731 of the Code of Virginia (1950, as
amended), however, in the case of telephone companies, charges for long
distance telephone calls shall not be included in gross receipts for purposes of
license taxation.
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 -1) with Supervisors Bradshaw,
Casteen, Hall and Wright voting in favor of the motion and Supervisor Clark
voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
Ordinance to Implement Personal Property Tax Relief in Isle of Wight
County, Virginia, for Calendar Year 2010.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Ordinance.
No one appeared and spoke.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Chairman Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX
RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA,
FOR CALENDAR YEAR 2010
BE IT, AND IT IS HEREBY ORDAINED, by the Board of
Supervisors of the County of Isle of Wight, Virginia, to -wit:
That, in accordance with the Personal Property Tax Relief Act, as
adopted by the Virginia General Assembly, the car tax relief for Calendar
Year 2010 shall be set at fifty -eight percent (58 %) for vehicles over
$1,000.00 in value on the first $20,000.00 in value and for vehicles valued at
$1,000.00, or under, the percentage of relief shall be one hundred percent
(100 %).
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 a public hearing on the following:
Ordinance to Amend and Reenact Chapter 14. Sewers and Sewage
Disposal. Section 14 -45. Payment Connection and Tap Charges.
Section 14 -64. Standards for Construction; Cost of Improvements to be
Borne by Developer; and Chapter 16.1. Water. Section 16.1 -9.
Amounts - Generally of the IsIe of Wight County Code.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the Ordinance.
Robert Duckett, Public Affairs Director, Peninsula Housing and
Builders Association, conveyed the Association's concerns regarding
proposed changes to the connections, tap fees and standards for construction.
He encouraged the Board to continuing basing fees on meter size versus on a
per building or per dwelling unit. He commented that Section 14 -64,
Standards of Construction, requires a one (1) year bond on all sewer
collection systems and a five (5) year bond on all sewer pumping stations.
He stated that typically the contractor /developer provides a warranty or
guarantee for the construction and he is in opposition to the five (5) year
timeframe for the pumping facilities because there is no assurance that proper
maintenance is being performed by the County. He stated that defects in
pumping stations commonly show up within the first year of operation and he
urged the Board to continue to accept a contractor's warranty /guarantee for
construction. He stated if the Board does move forward with requiring
bonds, he would urge the Board to use the same one (1) year timeframe for
both sewer collection and pumping station and that there be a requirement
that the County be able to document proper maintenance of the pumping
station.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
16
BI- MONTHLY RATES:
CHARGES:
Residential (Flat fee plus per 1,000 gallons of water usage)
$34.00
Commercial: (Flat fee per schedule efplus per 1,000 gallons, f water
usage)
Hotels & Motels
$29.00
Restaurants
$60.00
Shopping Centers
$60.00
Industrial Facility
$60.00
Frank Holtom, Assistant Director of General Services, advised that all
pumping station maintenance is documented and the County is in line with
what other cities and counties require with respect to bonding.
Supervisor Wright moved that the following Ordinance be adopted, as
amended:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 14. SEWERS AND SEWAGE DISPOSAL.
SECTION 14 -45. PAYMENT OF CONNECTION AND TAP CHARGES.
SECTION 14 -64. STANDARDS FOR CONSTRUCTION; COST OF
IMPROVEMENTS TO BE BORNE BY DEVELOPER.
AND
CHAPTER 16.1. WATER. SECTION 16.1 -9. AMOUNTS —
GENERALLY.
WHEREAS, on May 21, 2009 the Isle of Wight County Board of
Supervisors adopted revisions to the Sewers and Sewage Disposal and Water
provisions of the Isle of Wight County Code in order to update the Code; and
WHEREAS, after careful review of the provisions adopted by the
Board of Supervisors, staff has recommended a modification to the revised
sewer ordinance and water ordinance in order to accurately reflect current
practices, as well as updating the fee structures.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage
Disposal. Section 14 -45. Payment of Connection and Tap Charges is hereby
amended and reenacted as follows:
Sec. 14 -45. Payment of connection and tap charges.
The connection and tap fees imposed by Article III of this chapter shall
be payable upon application for permit to make a connection and shall be
based upon -a per building or per dwelling unit basis. Sewer rental charges
applicable to the property shall begin to accrue as of the date of connection.
Sewer rental charges shall be as follows:
17
Unmetered Water Service
$52.00
Per 1,000 gallon metered usage:
6,001 — 12,000 gallons
$3.00
Over 12,000 gallons
$4.20
Directly connected to HRSD
One half (112)
bi- monthly rate
$128.00 plus
$23.00 per 1000
gallons of water
used in excess of
6000 gallons
Others than those directly or indirectly
connected to HRSD
(1- 16 -97; 5- 27 -10.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage
Disposal. Section 14 -64. Standards for Construction; Cost of Improvements
to be Borne by Developer. is hereby amended and reenacted as follows:
Sec. 14 -64. Standards for Construction; Cost of Improvements to be
Borne by Developer.
Extensions of interceptors, trunk lines, collector mains and laterals, and
construction of pumping stations necessary to provide gravity sewer service
for a new development shall be installed by and at the total expense of the
developer unless otherwise agreed to in advance by the county. Materials and
methods of construction shall be in strict accordance with the county's
construction specifications for sewer facilities; engineering submittals and
design shall be reviewed and approved by the county. All charges for service
rendered by the county, including full -time inspection and engineering
review, shall be paid in full by the developer with no expense to the county,
as provided in an agreement to be executed between the developer and the
county. The completed system shall be conveyed to the county in proper legal
form for ownership and, in the county's discretion, operation. A one -year
maintenance bond or letter ' of credit acceptable to the County Attorney in
such amount as determined by the county on all sewer collection system
construction deeded to the county and a five -year maintenance bond or letter
of credit acceptable to the County Attorney in such amount as determined by
the county on all sewer pumping facilities deeded to the county be
provided by the developer to the county. (1- 16 -97; 5- 27 -10.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors, Virginia, that Chapter 16.1. Water. Section
16.1 -9. Amounts — Generally. is hereby amended and reenacted as follows:
Sec. 16.1- 9.Amounts — Generally.
18
Meter rates shall be determined on the following basis:
(a) Except as otherwise provided in this chapter, meter rates shall be
based on the volume of water used as measured by meters installed and
maintained by the county;
(b) Meter rates for water passing through meters are hereby imposed
upon and shall be collected on a regularly scheduled basis from the owner or
tenant of each improved property connected to the county water systems.
Such charges shall be as follows: Meter rates shall be in accordance with
Table 16.1 -9 below. The county reserves the right from time to time to amend
the rates in order to insure that the utility system remains self - sustaining.
Table 16.1.9
BI- MONTHLY RATES:
Meter Size:
Up to and including 3 /a"
1"
1 '/2"
2"
4"
Unetered Water Service
Per 1,000 Gallon Metered Usage:
0 — 6,000 gallons (included in flat fee)
6,001 12,000 gallons
Over 6,000 gallons
Master Meter:
Same rates as illustrated above PLUS
A Fee Per Equivalent Dwelling Unit (EDU)
CHARGES:
$60.00
$84.00
$95.00
$129.00
$129.00
$70.00
$5.25
$30.00
(11- 21 -96; 11- 20 -97; 2- 18 -99; 4- 25 -00; 1- 16 -03; 5- 27 -10.)
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Clark, Casteen, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
11
Supervisor Wright moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
11
19
1l
II
Chairman Bradshaw declared a recess.
Chairman Bradshaw called for the continuation of the Community
Development report.
Ms. Walkup advised that attached to the position paper contained in the
agenda is staff's proposed language dealing with amendments in the Zoning
Ordinance which has already been presented to the Small Business
Committee.
Chairman Bradshaw moved that the Planning and Zoning staff send the
ordinance proposal to the Planning Commission for review and
recommendation back to the Board; that staff continue to develop a plan with
respect to how to present information to the Board and address the
recommendations; and, that the County Administrator be directed to work
with staff to develop an overall plan for small businesses in the County and
look at other localities such as the City of Chesapeake and what they are
doing with small business plans (how they are marketing them) and return
with recommendations to the Board. Staff is to bring in the Chamber of
Commerce as part of this process. 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 General Services report.
Chairman Bradshaw stated regarding the ongoing restructuring of the
Virginia Department of Transportation, Mr. Scott and Mr. Lomax will be
coming back to the Board in the next several months to make
recommendations with respect to changing the Six -Year Plan. He advised
that they are in the process of uncovering funding for the County that can be
used for construction and additional work on road projects.
Mr. Wrightson requested that the funding to repair the sink holes
located over an existing storm drain pipe that drains Oyster Court and to pave
the parking lot at the Carrsville Volunteer Fire Department be carried
forward into the FY 2011 General Operating Budget.
Supervisor Clark moved that the Director of Budget and Finance be
directed to develop a resolution authorizing $70,000 to be carried forward
into the FY2011 General Operating Budget. 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.
20
Chairman Bradshaw moved to authorize the Director of General
Services to expend the money for the purpose of proceeding with the repair
of sink holes located over an existing storm drain pipe that drains Oyster
Court; paving the parking lot at the Carrsville Volunteer Fire Department;
and, to include funds for the Poplar Drive survey. 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.
11
Chairman Bradshaw called for the County Administrator's report.
Mrs. Judy Winslow was recognized and congratulated on her election
as President of the Virginia Association of Convention and Visitors Bureaus.
County Administrator Caskey presented a request for the reallocation
of Isle of Wight County School's capital funds.
Ron D. Reck, Director of Budget and Finance, advised that there was
originally $500,000 for the acquisition of land associated with the expansion
and renovation of the Smithfield High School; however, the Board was
unable to fund that project as work on the Capital Improvements Plan began.
He stated that later when a decision was reached regarding how much money
would be borrowed in the next bond issue, not having a specific project at
that time for the $500,000, these funds were not included.
Rachel Yates, Finance Director for Isle of Wight County Schools,
advised that the School Superintendent was directed by the School Board to
determine what those funds could be spent on this year in light of the
economic downturn. She advised that School staff has been reporting
monthly to County staff showing that the school's have a balance of
approximately $400,000.
Chairman Bradshaw advised that once the School project was removed,
there was no need for that funding. He stated this is now a new project and it
must go through the upcoming Capital Budget process.
Supervisor Clark moved that the County's Budget and Finance Director
be directed to meet with the School's Director of Budget and Finance and
reconcile the $500,000 without any commitment of this Board to take any
action in the future. 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.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, presented a Resolution for Authorization to Pick Up the
21.
Employee's Contribution to VRS under Section 414(h) of the Internal
Revenue Code for Plan 2 Employees for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION FOR AUTHORIZATION TO PICK UP THE EMPLOYEE'S
CONTRIBUTION TO VRS UNDER § 414(h) OF THE INTERNAL
REVENUE CODE FOR PLAN 2 EMPLOYEES
WHEREAS, the Virginia General Assembly, in its 2010 session passed
legislation creating a separate retirement plan for employees hired on or after
July 1, 2010 (hereafter referred to as "Plan 2 Employees "). The legislation
stipulates that Plan 2 Employees will pay their 5 percent member
contribution and that, absent other action by the employer, such contribution
will be paid through salary reduction according to Internal Revenue Code §
414 (h) on a pre -tax basis; and,
WHEREAS, the legislation allows certain employers, including the
County of Isle of Wight, Virginia to pick -up and pay all or a portion of the
member contributions on behalf of its Plan 2 Employees as an additional
benefit not paid as salary; and,
WHEREAS, the election to pick -up and pay all or a portion of the
member contributions on behalf of its Plan 2 Employees as an additional
benefit not paid as salary shall, once made, remain in effect for the applicable
fiscal year (July 1 - June 30) and shall continue in effect beyond the end of
such fiscal year absent a subsequent resolution changing the way the 5
percent member contribution is paid; and,
WHEREAS, employee contributions that are picked -up as an additional
benefit not paid as salary are not considered wages for purposes of VA Code
§ 51.1 -700 et seq. nor shall they be considered salary for purposes of VA
Code § 51.1 -100 et seq.; and,
WHEREAS, the County of Isle of Wight, Virginia desires to pick -up
and pay its Plan 2 Employees' member contributions to VRS (Virginia
Retirement System) as an additional benefit not paid as salary in an amount
equal to (1%) (2 %) (3 %) (4 %) (5 %) of creditable compensation; and,
WHEREAS, VRS tracks such picked -up member contributions and is
prepared to treat such contributions as employee contributions for all
purposes of VRS.
NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the
first day of July, 2010, the County of Isle of Wight, Virginia shall pick -up
member contributions of its Plan 2 Employees to VRS as an additional
benefit not paid as salary in an amount equal to (1 %) (2 %) (3 %) (4 %) (5 %)
24.
of creditable compensation subject to the terms and conditions described
above.
BE IT FURTHER RESOLVED that such contributions, although
designated as member contributions, are to be made by the County of Isle of
Wight, Virginia in lieu of member contributions.
IT IS FURTHER RESOLVED that nothing herein shall be construed so
as to permit or extend an option to VRS members to receive the picked -up
contributions made by the County of Isle of Wight, Virginia directly instead
of having them paid to VRS.
The motion was adopted by a vote of (3 -2) with Supervisors Clark,
Hall and Wright voting in favor of the motion and Supervisors Bradshaw and
Casteen voting against the motion.
County Administrator Caskey advised that the County's Plastic Bag
Recycling Program was one (1) of sixteen (16) programs in the nation
awarded the National Association of Counties Best in Category Achievement
Award.
Mr. Robertson advised that responsive to the 2009 November
Nor'easter which had produced substantial damage to the shoreline at Fort
Boykin, FEMA has awarded a claim to the County in the amount of
$245,476.96 for placement of rip rap along the storm damaged section of the
shoreline. He advised that FEMA will cover 75% of allowable costs, the
State will cover 16% of the costs and the County will be responsible for the
remaining 9 %, or $22,093. He stated because of the nature of the project,
FEMA will base the final claim amount on the actual costs to restore the
storm - damaged portion of the shoreline to its pre -storm condition, so the
County's share could be more or less than this amount. He advised that
FEMA's required project completion deadline is June 9, 2011 and he
presented a Resolution to Amend the 2010111 Capital Budget for the Board's
consideration.
Chairman Bradshaw suggested that Supervisors Clark, Hall and he
meet with Congressman Forbes on site and that Mr. Robertson contact Chris
Byrd and the Secretary of the Virginia Department Historic Resources.
Supervisor Clark moved that the Board adopt the following Resolution:
RESOLUTION TO AMEND THE 2010/2011
CAPITAL BUDGET
WHEREAS, the Board of Supervisors desires to proceed with the repair and
stabilization of the Fort Boykin's shoreline damaged during the 2009 November
Nor'easter; and
23
WHEREAS, the Federal Emergency Management Agency (FEMA) has
authorized the County's Federal Disaster Assistance Claim; and
WHEREAS, the County's required share of the cost is initially estimated at
twenty -two thousand and ninety -three ($22,093) dollars; and
WHEREAS, accurately recording the purchases and other related acquisition
costs in the County's accounting system requires the establishment of budgetary
accounts and, therefore modification of the County's 2010/2011 Capital Budget;
NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle
of Wight, Virginia that the 2010/2011 Capital Budget is modified to reflect the
transfer of funding for display cannons at Fort Huger to the shoreline repair at Fort
Boykin.
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,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Ms. Perry advised that the City of Franklin has submitted a letter of
interest dated April 22, 2010 to the Naval Facilities Engineering Plan
communicating its desire to consider the opportunity of a naval airfield
operations project at the Franklin Municipal Airport. She advised that the
Navy anticipates releasing formal Requests for Proposals in the near future.
She stated that the site selection process will involve extensive environmental
impact studies, including noise and other safety related issues, which will
take a minimum of 24 months to complete. She advised that she has
communicated that the County has an interest in being involved in any
further discussions with the Navy regarding this project.
Chairman Bradshaw advised that the Governor has appointed a
Commission on Government Reform which has representation from the
Virginia Municipal League but not the Virginia Association of Counties. He
stated that this Committee will be ongoing during the duration of the
Governor's tenure and he encouraged the Board members to stay informed.
He advised that the Governor will have a special called General Assembly
session in September 2010 to deal directly with the recommendations from
this Commission.
I/
Chairman Bradshaw called for Appointments.
24
Chairman Bradshaw moved to recommend Robin Ealy to the Circuit
Court Judge to represent the Carrsville District on the Board of Equalization.
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 moved to reappoint Elaine Butler to represent the
Carrsville District on the Board of Building Appeals. 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 to appoint Janice Dail to represent the
Newport District on the Events Committee, replacing Pam Glanville. 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 to recommend Ed Easter to the Circuit Court Judge to
represent the Newport District on the Board of Equalization. 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.
1/
Chairman Bradshaw called for Old Business.
Resolution to Appropriate Funds from the Unappropriated Fund
Balance of the General Fund for the Franklin Revenue Sharing
Agreement
There being no discussion, Chairman Bradshaw moved that the Board
adopt the following Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
FRANKLIN REVENUE SHARING AGREEMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved additional funding for the Franklin Revenue Sharing
Agreement; and,
WHEREAS, funds in the amount of sixty -eight thousand, three
hundred dollars ($68,300) need to be appropriated from the Unappropriated
Fund Balance of the General Fund to the FY 2009 -10 General Operating
Budget of the County of Isle of Wight, Virginia.
25
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that sixty -three thousand, three
hundred dollars ($68,300) from the Unappropriated Fund Balance of the
General Fund be appropriated to the FY 2009 -10 General Operating Budget.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
II
II
Chairman Bradshaw called for New Business.
There was no new business offered for discussion.
Supervisor Clark requested that one (1) personnel matter be added to
the closed meeting.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.1 for discussion of a personnel matter pertaining to a
specific public official; pursuant to Section 2.2- 3711.A.1 for 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 pertaining to economic development; and, pursuant
to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring
the provision of legal advice pertaining to Sentara.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated by Interim County Attorney Burton. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Wright moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
CIark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Wright moved that the Board adopt the following
Resolution:
11
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, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
County Administrator Caskey presented a request from the
Endependence Center for the County's support of a Proclamation in
celebration of the 20 anniversary of the Americans with Disabilities Act for
the Board's consideration.
Supervisor Clark moved that the Chairman be authorized to sign the
Proclamation. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Assistant County Attorney Popovich requested authorization for the
County Attorney's office to advertise an amendment to the Inspections
Ordinance for public hearing with respect to adjustments in the fees in
accordance with the budget.
Supervisor Clark moved that staff be authorized to advertise the
amendment for public hearing at the Board's July 15, 2010 meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Clark,
27
Casteen, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Ms. Walkup advised that she has distributed to the Board, for its
information at this time, an Economic Development Incentive Policy for
Commercial/Mixed Use development which has been drafted in conjunction
with the Department of Economic Development and which will be presented
to the Board at its July 15, 2010 meeting. She stated that she has also
distributed a letter to the Board from the Benn's Grant Investment Group,
LLC requesting that the proffer conditions be amended for the Benn's Grant
rezoning for the completion of road improvements at the Benn's Church
intersection to allow for the development of the Benn's Grant project and to
correct a failing intersection.
Supervisor Clark moved that staff be authorized to advertise for public
hearing at the Board's July 15. 2010 meeting the Economic Development
Incentive Policy for Commercial/Mixed Use Development and the request of
Benn's Grant Investment Group, LLC that the proffer conditions be amended
for the Benn's Grant rezoning for the completion of road improvements at the
Benn's Church intersection to allow for the development of the Benn's Grant
project and to correct a failing intersection. The motion was adopted by a
vote of (4 -1) with Supervisors Bradshaw, Clark, Hall and Wright voting in
favor of the motion and Supervisor Casteen voting against the motion.
11
At 10:10 p.m., Supervisor Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
Carey Mills Storm, Clerk
28
A. Bradshaw, Chairman