09-23-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY -THIRD DAY OF SEPTEMBER 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: Mark C. Popovich, Assistant County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
LuAnn Delosreyes, Deputy 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.
Assistant County Attorney Popovich offered the following amendments
to the agenda: Under Special Presentations, add a presentation (E) by Eddie
Wrightson regarding utility rates; under Special Presentations, add an update
by Mark Furlo on the Isle of Wight County Fair 2010; under Special
Presentations, add a presentation (F), the results of the 2010 Local
Government Fiscal Survey; under Special Presentations, remove the
presentation to Lt. Colonel Hines; under Consent Agenda, add an amendment
to the approved minutes for the February 13, 2007 Board of Supervisors
Meeting; under Consent Agenda, add a grant proposal, Chesapeake Bay
Restoration Fund Advisory Committee; under Consent Agenda, add an item
regarding the Discharge of Uncollectable Taxes; under Public Hearings,
postpone the public hearing on the Cable Franchise Renewal to an indefinite
date; and, under the County Attorney's Report, add six (6) closed meeting
items.
Supervisor CIark 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.
Mark W. Furlo, Director of Parks and Recreation, updated the Board
with respect to the success of the 2010 Isle of Wight County Fair.
Chairman Bradshaw asked Mr. Furlo to coordinate the attendance of
the Fair Committee members at the Board's October 18, 2010 meeting.
Lisa T. Perry, Director of Economic Development, formally introduced
Barbiera Johnson, owner of Johnson Manor Antiques, the first small business
owner being recognized in the newly created "Small Business Close -Up"
segment to be aired on the County's web page in an effort to promote unique
small business services and products in the County.
Barbiera Johnson with Johnson Manor Antiques in Walters addressed
the Board regarding her products and hours of operation.
Lynn Briggs, Executive Director for Educational Services, Isle of
Wight County Schools, briefed the Board regarding the goals of the School's
newly adopted Five -Year Strategic Plan.
Eddie P. Wrightson, Director of General Services, addressed the Board
concerning utility rates for FY2011, which have been designed to be cost
effective; maintain compliance with the Special Order by Consent; and,
become a self - sustaining enterprise.
Chairman Bradshaw addressed the State -wide 2010 Local Government
Fiscal Survey provided by the VACo/VML financial analyst and requested
that County Administrator Caskey place this information on the County's
webs ite.
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Chairman Bradshaw called for consideration of the Consent Agenda.
A. Windsor Rail Station
Resolution to Support a Passenger Rail Station in or Near
the Town of Windsor, Virginia
B. "Watch for Children" Sign/Colosse Road/Route 641
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A Resolution to Request the Virginia Department of
Transportation to Post "Watch for Children" Signs on
Colossee Road/Route 641
C. Grant Application — Virginia Office of Emergency Medical
Services (OEMS) Rescue Squad Assistance Fund (RSAF)
A Resolution to Authorize Submission of a Grant
Application and to Accept and Appropriate Funds from the
Virginia Office of Emergency Medical Services Rescue
Squad Assistance Fund
D. Funds for Part Time Animal Control Officer
Resolution to Appropriate Funds for a Part-time Animal
Control Officer
E. Change in Board of Supervisors' 2010 Meeting Schedule
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 October 7, 2010 and October 21,
2010 and schedules a meeting for October 18, 2010 at 5:00
p.m.; cancels its November 4, 2010 meeting and changes
the November 18, 2010 meeting to 5:00 p.m. and cancels
its December 2, 2010 meeting and moves its December 16,
2010 meeting time to 5:00 p.m.)
F. Progress Report and Timeline for Accomplishing the
Recommendations of the Small Business Committee
G. Amendment to the Approved Minutes for the February 13, 2007
Board of Supervisors Meeting (Added under Approval of the
Agenda)
H. Grant Proposal, Chesapeake Bay Restoration Fund Advisory
Committee (Added under Approval of the Agenda)
I. Discharge of Uncollectable Taxes (Added under Approval of the
Agenda)
Supervisor Clark moved that the Consent Agenda be approved, 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 Regional Reports.
Supervisor Hall reported that the Chamber had conducted its annual
meeting and elected Vinny Corolla as the new Chairman.
Supervisor Clark reported that the Planning District Commission and
the Transportation Planning Organization had discussed moving forward
with light and high -speed rail. He further reported that VDOT would be
conducting an engineering study on the Hampton Roads Bridge Tunnel,
which is not in conformity with the Federal Highway Administration's
approved plan.
Supervisor Clark reported that the Hampton Roads Military and
Federal Facilities Alliance has hired a new regional Director.
Supervisor Casteen reported that the Joint Tourism Committee had
been brought up -to -date on Tourism's progress and growth, of which
visitation is up 50% over the 91% increase of the previous year. He further
reported that the Tourism budget had also been discussed, which includes a
recommendation to fill a position which has been vacant since January, 2010.
Chairman Bradshaw advised that he has requested Judy H. Winslow,
the Director of Tourism, to speak at the VACo Board of Directors meeting in
November 2010 with respect to State tourism matters. He further advised
that Ms. Winslow has also been asked to serve as a panelist with respect to
the County and other tourism issues.
County Administrator Caskey reported that in addition to routine
matters, several requests had been approved by the Southeastern Public
Service Authority Board for capital equipment.
Supervisor Wright reported that there had been a called meeting of the
Western Tidewater Regional Jail Authority in order to take advantage of
lower interest rates and have the air conditioning equipment replaced.
Supervisor Wright reported that the Western Tidewater Water
Authority had conducted its retreat in the City of Suffolk and that the
Authority had voted to delay spending on any major capital funds for several
years due to the condition of the economy.
Supervisor Wright reported that the Windsor Intergovernmental
Relations Committee had discussed economic development and the
implementation of a curb -side recycling program.
Regarding the regional Waste Committee, Supervisor Clark moved that
Theodore Hardison be appointed to serve on the Franklin/Southampton /Isle
of Wight Regional Waste Committee. The motion was adopted by a vote of
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(5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Regarding the County's contract with the City of Franklin with respect
to fire and rescue services, Chairman Bradshaw moved that Supervisor
Wright and he, County Administrator Caskey and Joseph R. Chase, Chief of
Emergency Services, be authorized to meet with the City of Franklin
regarding fire and rescue squad matters. 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 reported that the Finance Committee had
discussed the PACE program and the Rural Economic Development Manager
had been requested to bring back information regarding that Program's
status. He advised that the Committee also received an update on the new
Courts building, which is anticipated to be complete in November 2010. He
also advised that significant savings with respect to moving expenses are
anticipated and contingencies are well under expectations. He advised that
County Administrator Caskey has been directed, utilizing the current year's
budget, to request that staff submit any changes /updates to the Committee
and to discuss fire and rescue needs with the Chief of Emergency Services
with the request that the fire and rescue organizations review their capital
budgets to ensure that all remain in agreement.
Supervisor Clark advised that change orders for the fire station in
Smithfield, the new Courts building and the Animal Shelter were discussed at
the most recent meeting of the Building and Grounds Committee. He stated a
mutual concern is that the County's assets are protected with respect to
maintenance and service of the Courts building.
Supervisor Clark moved that County Administrator Caskey be directed
to discuss the Committee's concerns with respect to maintenance and service
of the new "green" Court building with Bruce Bruchey, the Director of
General Services, and the Director of Information Technology and return to
the Board with a staffing and cost analysis plan intended to protect the
County's assets. 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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At 7:00 p.m., Supervisor Wright moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, 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:
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Repealing Chapter 13. Peddlers and Itinerant Merchants. And by
Amending and Reenacting Chapter 10. Licenses. Article II. License
Tax Schedule. Division 3. Retail Sales. And Division 4. Wholesalers.
And by Enacting Division 8. Peddlers and Itinerant Merchants
Gerald H. Gwaltney, Commissioner of the Revenue, recommended that
the Board adopt the proposed Ordinance which will generate additional
business license revenue.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Jack Rountree of Day's Point Lane in Smithfield advised that he
operates the hot dog cart located in front of the old Little's Supermarket. He
stated that it would take him 270+ hotdogs to pay for a $500 license. He
stated that there are peddlers along Routes 10 and 17 that he is confident they
do not have licenses. He stated that no one is going to pay $500 for a license
and this is the only way that he can make any extra money.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY REPEALING CHAPTER 13. PEDDLERS AND ITINERANT
MERCHANTS.
AND BY AMENDING AND REENACTING
CHAPTER 10. LICENSES.
ARTICLE II. LICENSE TAX SCHEDULE.
DIVISION 3. RETAIL SALES. AND DIVISION 4. WHOLESALERS.
AND BY ENACTING DIVISION 8. PEDDLERS AND ITINERANT
MERCHANTS.
WHEREAS, , the Isle of Wight County Board of Supervisors wishes to
repeal Chapter 13 to the Isle of Wight County Code in its entirety in order to
simplify and consolidate the provisions of the Isle of Wight County Code;
and
WHEREAS, the Isle of Wight County Board of Supervisors now
wishes to reincorporate certain terms of former Chapter 13 into Chapter 10 of
the Isle of Wight County Code.
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NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 13. Peddlers and Itinerant
Merchants. is hereby repealed in its entirety and reserved for such other
future use as the Isle of Wight County Board of Supervisors deems
appropriate and /or necessary.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors, Virginia, that Chapter 10. Licenses.
Article II. License Tax Schedule. Division 3. Retail Sales. and Division 4.
Wholesalers be amended and reenacted as follows:
Sec. 10 -19. Definitions.
For the purpose of this division, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Retail merchant.\ Any person who makes retail sales.
Retail sale.\ The sale of goods, wares and merchandise for any purpose
other than resale, but not including sales at wholesale to institutional,
commercial and industrial users. (4- 21 -88, § 39.)
Sec. 10 -20. Amount of tax.
The license tax on each retail merchant or other person engaged in retail
sales shall be either thirty dollars or twelve cents per one hundred dollars of
gross receipts when said gross receipts are over four thousand dollars up to
one million five hundred thousand dollars and eight cents per one hundred
dollars of gross receipts over one million five hundred thousand dollars,
whichever is greater. (4- 21 -88, § 40; 12- 19 -96.)
Sec. 10 -21. Merchants conducting both wholesale and retail business.
When a merchant conducts both a wholesale and a retail business, the
merchant shall pay the retail sales license tax prescribed by this division on
that portion of the business derived from retail sales; the merchant may, at his
election, pay the license tax as a retail merchant on both the retail and
wholesale portions of the business. (4- 21 -88, § 42.)
Sec. 10 -22. Reserved.
Sec. 10 -23. "Wholesaler" defined.
Division 3. Retail Sales.
Division 4. Wholesalers.
The term "wholesaler," as used in this division, means any person who
sells to others for resale or who sells at wholesale to institutional, commercial
or industrial users. (4- 21 -88, § 48.)
Sec. 10 -24. Amount of tax.
(a) The license tax on each wholesaler shall be thirty dollars or five
cents per one hundred dollars of purchases, whichever is greater, when said
purchases exceed four thousand dollars.
(b) When a merchant conducts both a wholesale and a retail
business, the merchant may, at his election, pay the license tax as a retailer on
the wholesale portion of his business, as provided in section 10 -21. (4- 21 -88,
§ 49; 12- 19 -96.)
Sec. 10 -25. Reserved.
Division 8. Peddlers and Itinerant Merchants.
Sec. 10 -34. Definitions; exemption from division.
(a) "Itinerant Merchant," within the meaning of this division, is a
person who shall engage in, do or transact any temporary or transient
business in the County, either in one locality or in traveling from place to
place in the sale of goods, wares and merchandise, and who for the purpose
of carrying on such business, shall hire, lease, use or occupy any building or
structure, motor vehicle, tent, car, boat or public room, or any part thereof,
including rooms in hotels, lodging houses or houses of private entertainment,
any street, alley or other public place in any city or town or any public road
in any county, for a period of less than one year, for the exhibition of or sale
of such goods, wares or merchandise.
(b) "Peddler," within the meaning of this division, is a person who
shall carry from place to place any goods, wares or merchandise and offer to
sell or barter the same, or actually sell or barter the same. All persons who
do not keep a regular place of business, whether it is a house or a vacant lot
or elsewhere, open at all times in regular business hours and at the same
place, who shall offer for sale goods, wares and merchandise, shall be
deemed a "peddler." All persons who keep a regular place of business, open
at all times in regular business hours and at the same place, who shall,
elsewhere than at such regular place of business, personally or through their
agents, offer for sale or sell and, at the time of such offering for sale, deliver
goods, wares and merchandise shall also be deemed a "peddler" as above, but
this shall not apply to those who sell or offer for sale, in person or by their
employees, ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish,
oysters, game, vegetables, fruits or other family supplies of a perishable
nature or farm products grown or produced by them and not purchased by
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them for sale; provided, that a dairyman who uses upon the streets of the
County one or more wagons may sell and deliver from his wagons milk,
butter, cream and eggs in the County without procuring a peddler's license.
Sec. 10 -35. License — Generally.
(a) Every person defined as a peddler under this division shall apply
for a license to the Commissioner of the Revenue in conformity with the
following schedule:
(1) A license tax of $50.00 per annum shall be imposed upon
all peddlers not otherwise exempt or elsewhere provided for who sell or offer
for sale food items, plants or flowers;
(2) A license tax of $500.00 per annum shall be imposed upon
all peddlers not otherwise exempt or elsewhere provided for who sell or offer
for sale any item other than food, plants or flowers.
(b) Every person defined as an itinerant merchant under this division
shall apply for a license to the Commissioner of the Revenue, who will issue
such license upon the payment of the fee of $500.00 per annum.
(c) Any license for one year issued under subsections (a) or (b) of
this section shall expire on December 31 of the year in which issued, and no
license tax shall be prorated.
Sec. 10 -36. Transferability.
An itinerant merchant or peddler license shall not be transferable, and
any person so licensed shall endorse his or her name on the license.
Sec. 10 -37. Display of license.
Any person selling or offering to sell as an itinerant merchant or
peddler shall exhibit his or her license on demand of any citizen of the
County to whom he sells or offers to sell, and upon his failure or refusal to do
so, shall be subject to the penalty of peddling without a license.
Sec. 10 -38. Identification of vehicles.
Every vehicle used in peddling as regulated by this division shall have
conspicuously displayed thereon the name of the itinerant merchant or
peddler using the same, together with his or her mailing address.
Sec. 10 -39. Setback and off - street parking requirements.
All itinerant merchants and peddlers as defined in this division,
including those persons who sell or offer for sale in person or by their
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employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish,
oysters, game, vegetables, fruits or other family supplies of a perishable
nature or farm products grown and produced by them, when conducting such
sales or offering such merchandise to the general public at the side of the
road, shall observe the requirements of setback for structures under the
Zoning Ordinance of the County in business zones, whether such sales are
conducted from a building, structure, motor vehicle or tent. In addition,
adequate off - street parking shall be provided by such itinerant merchant or
peddler, so that the vehicles of potential purchasers may be parked entirely
off the highway right -of -way so as not to cause a hazard to the vehicular
traffic on such right -of -way.
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 advised that Assistant County Attorney Popovich
is requesting the Board to postpone the public hearing regarding An
Ordinance providing for a Cable Franchise to be granted to Charter
Communications, Inc. for an indefinite period of time as negotiations with
that firm have come to a stand still.
Supervisor Wright moved that the Ordinance be postponed indefinitely,
as recommended. 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:
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Chapter 4. Buildings. Article III.
Inspections. Sections 4 -8. Construction, Repair or Alteration of
Buildings or Structures
Assistant County Attorney Popovich advised that the proposed
amendment relates to a minor change under Section 4 -8, Subsection C,
Subpart 2, which was originally intended to be included in a prior
amendment, however, was missed.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke in favor or in opposition to the proposed
amendment.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
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Supervisor Wright moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING
CHAPTER 4. BUILDINGS. ARTICLE III. INSPECTIONS.
SECTION 4 -8. CONSTRUCTION, REPAIR OR ALTERATION OF
BUILDINGS OR STRUCTURES.
WHEREAS, the Isle of Wight County Board of Supervisors
amended and reenacted Chapter 4. Buildings. Article III. Inspections at
its regular meeting on July 19, 2010 as part of its efforts to balance the
local budget so as to increase the fees imposed on building inspections;
and
WHEREAS, it has come to the Isle of Wight County Board of
Supervisors attention that one fee revision was inadvertently left out.
NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 4. Buildings. Article III.
Inspections. Section 4 -8. Construction, repair or alteration of buildings
or structures. is hereby amended and reenacted as follows:
Sec. 4 -8. Construction, repair or alteration of buildings or structures.
(a) Minimum permit fee. The minimum building permit fee shall be
fifty dollars.
(b) Reinspection fee. The reinspection fee shall be one hundred
twenty -five dollars.
(c) Basic permit fee.
(1) Usable area under roof, per building or structure (includes
all new construction, finished or unfinished): For the construction of any
building or addition thereto where floor area is increased, the fee shall be
based on the floor area to be constructed, as computed from exterior building
dimensions at each floor.
a. All buildings of minimum construction types, for the
first forty thousand square feet and under, sixteen cents per square foot;
b. All buildings over forty thousand square feet, twelve
cents per square foot.
(2) All structures not under roof, sixteen cents per square foot
of area or a minimum permit fee of fifty dollars, whichever is greater.
(d) Demolition permit fee. The demolition permit fee shall be as
follows:
(1) Accessory buildings and structures, fifty dollars each;
(2) All other buildings and structures, fifty dollars each.
(e) Moving structures permit fee. The permit fee for moving
structures shall be as follows:
(1) Accessory buildings or structures, sixty -five dollars;
(2) All other buildings and structures, seventy -five dollars.
(f) Industrialized building permit fee. The industrialized building
permit fee shall be the same as the basic permit fee in subsection (c)(1) of this
Section (excluding mobile homes).
(g) Modular construction permit fee. The modular construction
permit fee shall be same as the basic fee in subsection (c)(1) of this section.
(h) Mobile home permit fees. The mobile home permit fee shall be
as follows:
(1) Mobile home and other mobile units permit fee, seventy -
five dollars each.
sign.
(i) Sign permit fees. Sign permit fees shall be sixty -five dollars per
(j) Tents and other temporary structures permit fee. The permit fee
for tents and other temporary structures shall be sixty -five dollars each.
(k) Chimneys, fireplaces, etc. The permit fee for chimneys,
fireplaces, wood and coal stoves and other solid fuel burning heaters shall be
fifty dollars. (NOTE: Fireplaces, heaters and chimneys shall be included in
new construction permit fees only if so noted at the time of issuing the
permit.)
(1) Alterations to create finished space. The fee for alterations to
shell buildings, unfinished tenant spaces, garages and attics to create finished
space shall be twelve cents per square foot.
(m) Other structures. The fee for all other structures as defined in the
Basic Building Code not included in the above fee schedule are as follows:
(1) Piers -- $50.00;
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(2) Pools:
a. Inground -- $125.00,
b. Above ground -- $65.00.
Retaining wall as defined in the Building Code -- $75.00;
(3)
(4) Towers -- $50.00.
(n) Permit reissuance fee. Permits becoming invalid as specified by
the Code may be reissued up to a period of five years and charged a fee of
fifty dollars for each six months period thereof. A request for such
reissuance shall be in writing and submitted prior to the permit becoming
invalid.
(o) Plans examination.
(1) The fee for plans examination, other than residential and
accessory structures, shall be two hundred fifty dollars.
(2) A fee of one hundred fifty dollars shall be charged for the
reviewing of residential plans prior to making application for a permit. This
fee will be credited to the permit fee if the permit is applied for within six
months.
(p) Appeals. For each appeal to the Building Code board of appeals,
the fee shall be four hundred fifty dollars. (1- 10 -74, §A; 5 -3 -79; 6- 16 -88;
12- 16 -04; 4- 21 -05.)
NOW THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors that this amendment and reenactment of
Chapter 4, Buildings, Article III, Inspections shall be effective as of July 1,
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.
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For state law as to authority of county to levy permit
Fees, see Code of Va., 5S 36 -105.
Supervisor Clark 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, 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 Transportation Matters.
Ed Easter, Hideaway Lane, advised that he has been unsuccessful in
getting 370 feet of Hideaway Lane turned over to the County as the original
trustee of that land has passed away.
Supervisor Clark moved that the County Attorney's office be directed
to investigate the possibility of acquiring the land for unpaid taxes
(condemnation action) with respect to the 330 feet. 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.
Albert Burckard of Carrollton addressed the Board regarding the
proposed Windsor passenger rail stop. He requested that the Board
reconsider his earlier proposal to establish high -speed rail in the County.
Supervisor Clark relayed a citizen's request for the County to take
appropriate action to address the grade deferential at the crossover at Ashby
Subdivision and BP Station on Route 17.
Supervisor Clark moved that staff be directed to again request that
VDOT review the grade deferential at the crossover between Ashby
Subdivision and the BP gas station. 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 commented on the unacceptable condition of the
entrance at the James River Bridge and moved that staff be directed to
request that VDOT take action to remove the trash and high grass at the
entranceway to the County at the James River Bridge. 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.
Albert Burckard of Carrollton addressed the Board regarding the
naming of County precincts and was directed by Chairman Bradshaw to
address his concern with the Electoral Board.
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Mr. Burckard addressed the Board regarding the need for at least one
(1) minority district in the County.
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Chairman Bradshaw called for Board comments.
No Board comments were offered.
Chairman Bradshaw called for the County Attorney's report.
Assistant County Attorney Popovich presented proposed Bylaws for
the Isle of Wight County Wetlands Board for the Board's consideration
which includes a Parliamentarian but not language concerning the
appointment of a Chairman each year on a rotating basis.
Supervisor Casteen moved that the Chairman be authorized to sign the
Bylaws as presented 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.
Assistant County Attorney Popovich advised that he had six (6) matters
to discuss with the Board later during the closed meeting.
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Chairman Bradshaw declared a recess.
Chairman Bradshaw called for the Tourism report.
Judy H. Winslow, Director of Tourism, requested the Board's approval
of certain restorations and repairs to Boykins Tavern.
Supervisor Casteen moved that staff within the Division of Historic
Resources and the Department of General Services be tasked with contracting
with the McPherson Design Group and be authorized to proceed with the
development of the plans and specifications, along with estimates of probable
construction costs, to support the northeast chimney's repair and provide
those results to the Buildings and Grounds 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.
Ms. Winslow reported that Crime Stoppers will be in Smithfield and
70+ delegates will be meeting at the Smithfield Center on Friday, September
24, 2010 and Saturday, September 25, 2010. She advised that Senator Webb
is also expected on Saturday, September 25, 2010.
Ms. Winslow requested that a part -time employee position be
authorized for the Historic Resources Division.
Supervisor Casteen moved that the recommendation of the Joint
Tourism Committee to hire a part-time employee for the Historic Resources
Division be accepted. 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 the General Services report.
Eddie P. Wrightson, Director of General Services, presented the new
design build contract for the County's new animal shelter for the Board's
consideration.
Supervisor Clark moved to that the Chairman be authorized to execute
the agreement following the posting period. 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 Hall requested that staff put the opening of animal shelter
next summer on the County's website.
Mr. Wrightson updated the Board with respect to the progress being
made to the Smithfield Volunteer Fire Department, which is currently 20%
complete. He presented a construction contract containing five (5) change
orders for the Board's consideration.
Supervisor Casteen moved that Change Order Proposals #2, #3, #4, #5
and #6 be approved resulting in a contract addition of $1,278.84. 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.
Mr. Wrightson represented a request to fill a vacant Maintenance
Worker III position in the Building Maintenance Division.
Supervisor Casteen moved to authorize the filling of the vacant
Maintenance Worker III position at a salary up to the pay grade mid -point of
$34,849. The motion was adopted by a vote of (5 -0) with Supervisors
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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 the Economic Development report.
Lisa T. Perry, Director of Economic Development, presented an update
on International Paper (IP). She advised that members of IP's corporate
office in Memphis, Tennessee had visited the mill site earlier this month
along with the Mill Manager, Mayor Council! and Mike Johnson. She
advised that IP has confirmed that it is continuing to study and evaluate two
(2) reuse proposals and that 30 IP employees continue to work on the site.
She advised that the site is idle; however, equipment is powered up
occasionally for maintenance. She advised that a decision on the reuse
process is anticipated in the next several months.
Ms. Perry advised that VDOT has received three (3) conceptual
proposals from firms interested in developing the new U.S. Route 460
between the Cities of Petersburg and Suffolk and has up to 30 days to
evaluate and ensure that each proposal meets certain specifications. She
advised that this new project remains a high priority because of its
importance as an emergency evacuation route, military activity, safety of the
traveling public and movement of freight in an out of the Port of Virginia.
Ms. Perry briefed the Board with respect to recent market activity
relating to the Shirley T. Holland Intermodal Park project.
Ms. Perry requested that the Board contribute $5,000 to a proposed
Small Business Incentive Program.
The Director of Economic Development was requested to provide
additional information to the Board at its October 18, 2010 meeting, to
include information on the Real Estate Improvement Grant and copies of
policies adopted by other localities with similar -type programs.
/1
Chairman Bradshaw called for the County Administrator report.
County Administrator Caskey presented a Resolution in Recognition of
the 125 Anniversary of First Gravel Hill Baptist Church for the Board's
consideration.
Supervisor Hall moved that the following Resolution be adopted:
RESOLUTION IN RECOGNITION OF THE 125 ANNIVERSARY
OF FIRST GRAVEL HILL BAPTIST CHURCH
l?
WHEREAS, First Gravel Hill Baptist Church has had a significant presence
in the community and a positive impact on the quality of life of the citizens in Isle
of Wight County since 1885; and,
WHEREAS, First Gravel Hill Baptist Church provides ministries that
provide assistance to individuals and families in need throughout the Rushmere
community; and,
WHEREAS, First Gravel Hill Baptist Church will celebrate its 125
Anniversary on October 3, 2010; and,
WHEREAS, the Board of Supervisors wishes to congratulate First Gravel
Hill Baptist Church in recognition of this sacred milestone in the church's history.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia wishes to recognize
and congratulate First Gravel Hill Baptist Church on the occasion of its 125
Anniversary.
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.
County Administrator Caskey presented a Resolution to Appropriate
Funds from the Undesignated Fund Balance of the General Fund (Section 8
Housing Program) for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNDESIGNATED FUND BALANCE OF THE GENERAL FUND
WHEREAS, the County experienced a funding shortfall in the
FY2009 -10 operating budget for the Section 8 Housing program due to mid-
year budget reductions by the Virginia Housing Development Authority; and,
WHEREAS, funding in the amount of eight thousand twenty -four
dollars and ninety -three cents ($8,524.93) needs to be appropriated from the
undesignated fund balance for FY2009 -10 to the line item for the Section 8
Housing Program.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that eight thousand twenty -four dollars and ninety -
three cents ($8,524.93) be appropriated from the FY2009 -10 Undesignated
Fund Balance of the General Fund to the FY2009.10 General Operating
Budget of the County of Isle of Wight, Virginia to the line item for the
Section 8 Housing Program.
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.
County Administrator Caskey presented consideration of the voting
credentials for the VACo annual business meeting.
Supervisor Clark moved that Supervisor Hall be designated as the
County's Voting Delegate and Chairman Bradshaw be designated as the
Alternate Delegate. 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.
Mr. Robertson presented the County's proposed 2011 Legislative
Priority List to the Board for its consideration.
The Board's consensus was to postpone the matter until the Board's
October 18, 2010 meeting to allow for the incorporation of Chairman
Bradshaw's recommendation that the Enterprise Zone be a matter of top
priority and for the inclusion of a legislative transportation agenda, as
recommended by the Hampton Roads Planning District Commission and
relayed by Supervisor Clark.
/1
Chairman Bradshaw called for Appointments.
Supervisor Wright moved that Durwood Scott be reappointed to
represent the Windsor District on the Beautification 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.
Supervisor Clark moved that the resignation of Debra Thurston from
the Beautification Committee be accepted and that Joan Lee Mikulas be
appointed to fill her unexpired term. 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.
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Mr. Haltom presented the issue of the Isle of Wight County Museum
drainage improvement plan for the Board's consideration.
Supervisor Casteen moved that the contract for the Isle of Wight
museum drainage improvements be awarded to Art Ray Corporation and that
the Chairman be authorized to execute the agreement, pending review by the
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 Casteen moved that the following Resolution to
Appropriate Funds from the Woodbridge Sewer Rehabilitation Project to the
Isle of Wight Museum Drainage Improvement Project be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE WOODBRIDGE
SEWER REHABILITATION PROJECT TO THE ISLE OF WIGHT
MUSEUM DRAINAGE IMPROVEMENT PROJECT
WHEREAS, on September 23, 2010 the Board of Supervisors of the
County of Isle of Wight, Virginia approved construction work for the Isle of
Wight Museum Drainage Improvement Project; and
WHEREAS, the Board awarded the Isle of Wight Museum Drainage
Improvement Project to the lowest bidder in the amount of Twenty -Two
Thousand Five Hundred Seventy -Seven Dollars ($22,577.00), plus additional
funds in the amount of Seven Thousand Four Hundred Twenty -Three Dollars
($7,423.00) for unforeseen utility conflict resolution; and
WHEREAS, the Woodbridge Sewer Main Rehabilitation Capitol
Improvement Project has unexpended funds in the amount of Seventy -One
Thousand Six Hundred Eighty -Five Dollars and Sixty Cents ($71,685.60);
and
WHEREAS, funds in the amount of Thirty Thousand Dollars
($30,000.00) is needed to be appropriated from the Woodbridge Sewer Main
Rehabilitation Capitol Improvement Project to the Isle of Wight Museum
Drainage Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that Thirty Thousand Dollars
($30,000.00) be transferred from the Woodbridge Sewer Main Rehabilitation
Capitol Improvement Project to the Isle of Wight Museum Drainage
Improvement Project.
BE IT FURTHER RESOLVED that the County Administrator is
authorized to make the appropriate accounting adjustment in the budget and
to do all things necessary to give this resolution effect.
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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.
Mr. Robertson, responsive to the Board's direction at its previous
meeting, advised that staff has polled various other localities with respect to
the issue of the Boiler MACT rule. He requested that the Board authorize
staff to submit letters to Senators Webb and Warner expressing concerns
about the Boiler MACT rule.
Chairman Bradshaw moved that the Chairman be authorized to send
the draft letters contained in the agenda to Senators Warner and Webb
regarding the County's concerns with the new Boiler MACT rule. 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.
With respect to the County's leases with the Isle of Wight and Pons
Hunt Clubs, Supervisor Wright moved that an up -to -date membership list be
provided to determine if they are in compliance with the County's contracts
and to ensure that the honorary members are not counted as paying members.
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 New Business.
Supervisor Clark moved that staff be directed to make contact with the
Pop Warner President and offer to provide the light trailer to that
organization for its use several times a week at Smithfield High School. 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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Assistant County Attorney Popovich requested a closed meeting
pursuant to Section 2.2- 3711.A.7 of the Code of Virginia concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to public hearing notification; pursuant to Section 2.2- 3711A.6
concerning investing of public funds where competition or bargaining is
involved, where, if made public initially, the financial interest of the
governmental unit would be adversely affected; pursuant to Section 2.2-
3711.A.3 concerning consultation with legal counsel requiring the provision
of legal advice pertaining to the acquisition of real property in the Windsor
Magisterial District; pursuant to Section 2.2- 3711.A.3 regarding consultation
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with legal counsel requiring the provision of legal advice pertaining to the
acquisition of real property in the Windsor Magisterial District; pursuant to
Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the
provision of legal advice pertaining to probable litigation; pursuant to
Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the
provision of legal advice pertaining to the Southeastern Public Service
Authority; pursuant to Section 2.2- 3711.A.3 regarding consultation with
legal counsel requiring the provision of legal advice pertaining to the
acquisition of real property in the Windsor Magisterial District; pursuant to
Section 2.2- 3711.A.5 regarding discussion concerning a prospective business
or industry or the expansion of an existing business or industry where no
previous announcement has been made of the business or industry's interest
in locating or expanding its facilities in the community; and, pursuant to
Section 2.2- 3711.A.1 concerning discussion of prospective candidates for
employment of a specific public employee.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated by Assistant County Attorney Popovich. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, 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 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.
Supervisor Wright moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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Supervisor Wright moved that staff be directed to send a letter, signed
by the Chairman, to the Southeastern Public Service Authority (SPSA),
requesting a copy of that organization's Five -Year Strategic Plan and
advising how SPSA intends to reduce its debt, reduce its cost of operations
and reduce tipping fees for all members. 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 staff be directed to send a letter, under the
Chairman's signature, to the School Board asking that it be prepared to
discuss at the October 12, 2010 joint meeting, the strategy for combining
financial obligations between the County and the School 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.
/1
At 9:35 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 Mils Sto , Cler
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Phi p A. Bradshaw, Chairman