02-17-2005 Regular Meeting.-~.._
~~n~ ~~ rr~~ Fi~i_
REGULAR MEETING OF .THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE .SEVENTEENTH. DAY OF FEBRUARY IN
THE YEAR TWO. THOUSAND AND FIVE
.PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice-Chairman
Henry H. Bradby.
Richard K. MacManus
Stan D. Clark
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
' Anne F. Seward, Assistant County Administrator/
Administration
Carey Mills Storm, Recording Secretary
Chairman Bradshaw. called the meeting to order at 6;00 p.m.
//
Chairman Bradshaw called for the delivery of the invocation. He noted
that Supervisor Bradby was the Board member who originally initiated the
Board having an invocation, and it is only appropriate that he be the one to
deliver the invocation until he retires.
Supervisor Bradby delivered the invocation.
//
The Pledge of Allegiance was conducted.
//
Chairman Bradshaw called for approval of the agenda.
County Attorney. Stroman requested that the following amendments be
made to the agenda: that a new Item (8), Appointments, be added to include
an appointment to the Newport Development Service District Corridor
Revitalization Committee; Under Item (10), New Business, add an item
pertaining to briefing from staff concerning. the landscaping at Eagle Harbor;
Under Item (12), Closed Meeting, add three (3) new matters, the first matter
~ pertaining to advice of counsel and briefing by staff; the second matter
pertaining to .potential litigation; and the third- matter pertaining to a
1
.,,,~ ......~.,t.~,..~,~<.~...... _... , _ v. .. _.. _ .. _ ... ~... . , . .. .. _ _ _ . _ . . . ~ , ~ y .~ .. . ~ v,..,
1
1
'-1
_J
~~AK 23 ,:~ S`~
personnel matter; and, that Item 2(c), Special Presentation by PrimeMedia, be
deferred.
Supervisor Wright moved that the Board approve the `agenda, as
amended.. The emotion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
1/
Chairman Bradsha~y called for Special Presentations.
Sheriff C. W. Phelps. formally introduced the Honorable Anthony
Goddard, High Sheriff of Isle of Wight, England, to the Board.
Chairman Bradshaw presented the Honorable Anthony Goddard with a
copy of Historical Notes on Isle. of Wight. County, a book authored by Helen
Haverty King.
Jeffrey Newton, .Western Tidewater Regional .Jail Superintendent,
reparted that while the Jail is currently financially sound, should the Jail not
generate revenue from Federal inmates next. year, .the Board should be
prepared to provide its share of financial support. He stated security
concerns and maintenance items have been addressed to ensure that the Jail is
a viable facility. in the future. He advised funds have not been set aside in a
cash reserve in past years; however, this year he will be recommending that
funds be set aside to either defray operating costs. in the future ar to be used
for some of the larger dollar capital projects in the future. He stated. it is his
intent that the Jail will continue to generate additional revenues .above and
beyond those anticipated, and that it will be the recommendation of the Board
of Directors as the Jail closes out its fiscal year not to return any excess
revenue to the communities.
Chairman Bradshaw mentioned that the. presentation by PrimeMedia
had been deferred under the Approval of the Agenda..
1I
Chairman Bradshaw indicated the Consent. Agenda included the
following items:.
A. Resolution to Recognize the Bon Secours Hampton Roads Health
System.
B. Resolution to Accept Donated Items and Appropriate Ten
Thousand Dollars to the Isle of Wight Museum
C. Resolution to Deem. Certain Property as Surplus Equipment
2
~~~, 2~ .,~ 68
LJ. rti
D. Resolution to Authorize the Solicitation of Proposals for Non-
Professional Services for Emergency Services Pagers, Portable
and Mobile Radios
E.` Resolution to Appropriate Three Hundred. Thousand Dollars
from the Public Utility Unrestricted. Retained'Earnings for Legal
x
Costs
F. Salary Supplement for the Commissioner of the Revenue
G. Status of Lawnes Point an the James
H. Planning Commission Action List of January 25, 2005.
I. The. request of Design Engineering Services for an exemption to
certain provisions of the Highway Corridor Overlay District for a
.neighborhood shopping center.
J. Site plan of Eagle Harbor Tract 10A, Parcels 1 and 2
K. Delinquent Real Estate Tax Collection Monthly Report
L. January 20, 2005 Regular .Meeting Minutes
Chairman.Bradshaw.osked if there were any items for removal..
Supervisor MacManus requested that Items (C), (I) and. (J) be removed
from the Consent Agenda for further discussion.
Supervisor Clark moved that the .Board .remove .Items (C), (I) and (J)
from the Consent: Agenda. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion..
Chairman Bradshaw moved Items (E) and (G) be removed .from the
Consent Agenda. The motion was .adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright. voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board .adopt the Consent Agenda, as
amended. The .motion was .adopted by a vote of (5-0) .with Supervisors
MacManus, Bradby, Bradshaw, Clark .and .Wright voting irn favor of the
motion, and no Supervisors voting against the motion.
With respect to Item (C), Resolution to Deem .Certain Property as
Surplus Equipment, Supervisor MacManus inquired if staff had checked with
3
~.
-.~._.. -
Ao~~ 23~~ ~69
the school system or the recreational and athletic associations to see if they
had a need for the lighting system.
Andrea Clontz, Accounting Manager,. advised that the school
administration. had been contacted,. and had declined. She noted. that the
Director of Parks and Recreation had voiced concerns about the integrity of
the poles.
With respect to Item (E), Resolution to .Appropriate Three Hundred
Thousand Dollars from the Public Utility Unrestricted Retained Earnings for
Legal Costs, .County Attorney Stroman informed .Supervisor Clark that the
_ Resolution pertains to expert witness fees and:. outside counsel fees in
connection with the water and sewer connection fee litigation involving East
West Partners.
With respect to Item (G), Status of Lawnes Point on the James,.
Jonathan W. Hartley, Director of Planning and Zoning, notified Supervisor
Clark that the report is responsive to Supervisor Bradby's request for a status
r.Pport. Responding to Supervisor Bradby, Mr. Hartley stated if could be as
much as a year before the County receives the final plat, depending-.upon the
design. firm of the developer. He stated construction: plans were received in
the beginning of February, 2005,. which will take several months for staff to
review. He offered to make contact with Mr. Jerrard and find out his
concerns.
1
1
. With respect to Item (I), the request of Design Engineering Services for
an exemption to :certain provisions of the Highway Corridor Overlay District
for. a neighborhood shopping center, Supervisor MacManus recommended
that staff work with the applicant to determine the colors .that will match the
existing bricks.
With respect to Item (J), Randy Royer, Kimley-Horn & Associates, Inc.
received recommendations from Supervisors MacManus and Clark as
follows: The tops over doorways should not be continuous in order to break
up the facade; the caliber of trees planted should be ofview-blocking size (on
the sides particularly) at planting, and include evergreens; the back of the
.development should be planted with sufficient evergreen trees to prevent. a
view of the back. of the development for homeowners; signs should be front-
lit; plate glass windows .should be changed to give the appearance of
individual units; and, the color of the brick should be varied to give -the
various buildings their own individuality. .
With respect to landscaping .upkeep,. Supervisor Bradshaw commented
that if staff is going to require a certain height of tree be planted, staff should
also require that the trees be fertilized for the next several years.
Supervisor MacManus requested that. he be provided a revised
rendering incorporating the above comments of the Board.
4
94~K - 2c) r,.e~ ~Q
Supervisor Clark moved that the Board table Item (7}, Site Plan of
Eagle Harbor Tract 1OA, Parcels l and 2, until the Board's March 17,2005
meeting to allow the site plan to be revised. In the meantime, staff is directed
to take into consideration the Board's comments with respect to landscaping,.
signs, windows, and brick colors. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in <
favor of the motion, and no Supervisors. voting against the motion.
Supervisor Clark .moved that staff be directed to relay the general
concerns expressed by the Board. tonight to the Planning Commission with
the request that it ensure that these. concerns are .addressed by developers in
all future designs. The motion was adopted by a .vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved that the..Board approve the remaining
items (E), (I), (C) and (G) on the Consent Agenda. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and
Wright voting in favor. of the motion, and. no Supervisors voting against the
motion.
//
Chairman Bradshaw called for Transportation Matters.
Sandon Rogers, Transportation Planner, presented a Resolution of the
Board of Supervisors of Isle of Wight County to Designate Campbell's
Chapel. Drive, Route 665, as a Rural Rustic Road for the Board's
consideration..
Supervisor Clark moved he Board adopt the. following Resolution:.
RESOLUTION OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY
TO DESIGNATE CAMPBELL'S CHAPEL DRIVE, ROUTE 665,
AS A RURAL RUSTIC ROAD
WHEREAS, during .the 2002 session of the General Assembly,
legislation was passed to revise §33.1=70.1 of the Code of Virginia, to allow
for the improvement and hard surfacing of certain roads deemed to qualify
for and be designated a Rural Rustic Road; and
WHEREAS, VDOT has expressed a willingness to adopt this concept
on_a pilot basis until the. program is fully implemented to assist in developing
and. defining the guidelines to be used for the program; and be evaluated by `
VDOT with regard. to safety, resident concerns, and environmental .issues;
and
s~::~ 23 ~h_~ 71
1
i
.WHEREAS, the Resident Engineer for the. Virginia Department of
Transportation concurs with this designation, and
WHEREAS, Campbell's Chapel Drive, Route 665, is located. in a low-
density .development .area, and has a traffic count between 50 and 500
vehicles per day, .and
WHEREAS,. this Board is unaware of any. pending development that
will affect the existing traffic on this road, and
WHEREAS, Campbell's Chapel Drive, -Route 665, traverses an area
known for its relaxed ambiance and should be considered for designation as a
Rural Rustic Road, and
WHEREAS, Campbell's. Chapel Drive, Route 665, is included in the
Six-Year Improvement. Priority Plan for Secondary Roads of the State
System of Highways for Isle of Wight County, Virginia:
NOW, THEREFORE, BE IT RESOLVED,.. by the Board of
Supervisors of Isle of Wight County, Virginia, we hereby designate
.Campbell's Chapel Drive, Route 665, a Rural Rustic Road.
BE IT FURTHER RESOLVED, this Board requests that. this road be
hard surfaced and, to the fullest extent prudent, be improved within the
existing right of way and ditch lines to preserve as much as possible the
adjacent trees, vegetation, side slopes and rural .rustic character along this
road in its current state.
BE IT FURTHER RESOLVED, this Board endeavors to preserve the
rural character of this road as it pertains to development.
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the .Resident Engineer for the Virginia Department of
Transportation.
The .motion was. adopted by -a vote. of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Mr. Rogers -noted that contained in the agenda is a .list of VDOT
responses to action items from various Board meetings .through January, z
2005 for the Board's information.
Mr. Rogers advised that he had. made contact with the Crocker brothers
and a meeting has been set up for the .following Tuesday to discuss their
. concerns..
6
MacFarland Neblett, Resident Engineer,. Virginia Department of
Transportation, advised the Board that he had met with the Isle of Wight
County Citizens Association, and .that also in attendance was .Mike
Dangerfield, Facility Manager for: the Monitor-Merrimac Bridge.. He .stated
that the same gates used as part of the hurricane plan could also be used at the
end of the James River Bridge to notify motorists when accidents occur. He
stated he would be speaking with :the VDOT Traffic Engineering .section to
determine if a more reasonable alternative can be found.
Supervisor Bradshaw inquired if a sign could be installed notifying
motorists when the James River Bridge is closed to traffic.
Mr. Neblett replied that signs could be installed, but VDOT would first
need to come up with a suitable plan.
Supervisor MacManus requested that Mr. Neblett come back to the
.Board within 30 days to advise what VDOT intends to do with. respect to
notifying motorists when the James River Bridge is closed.
//
At ?: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 (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark 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 Chapter 15, Taxation, Article II. Real Estate
Taxes, Section 15-7 Exemption. or Deferral for the Elderly or
Handicapped.
County Attorney Stroman advised .that the proposed ordinance reflects
a change in the time that .applications trust be received from May l 5c of each
taxable year to October 15`" of each taxable year. He stated this change will
allow the Commissioner of Revenue sufficient .time to process applications
prior to the due date for the payment of the first installment in .December. He
distributed a copy of the ordinance. reflecting revisions of certain non-
substantive errors, and he requested. that the Board consider adopting the
revised ordinance in place of the ordinance contained in the agenda.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed Ordinance.
_7
C
1
1
8 0 n K ~~ ;~'" ~~
.Upon no one appearing, Chairman Bradshaw closed the public hearing
and called for comments from the Board.
Supervisor MacManus moved the Board adopt the following ordinance,
as amended and substituted by the County Attorney:
.PROPOSED AMENDMENT TO
CHAPTER 15, TAXATION,
ARTICLE II. REAL ESTATE TAXES
.WHEREAS, the Isle of Wight County Board of Supervisors has
recently adopted an ordinance providing for greater tax relief for the elderly
or handicapped; and
WHEREAS, the Isle of Wight County Board of Supervisors
deems it advisable that the deadline for filing applications with the
Commissioner of the Revenue for the. exemption or deferral of taxes for the
.elderly or handicapped be extended to October 1 S of each taxable year; ar_d
WHEREAS, this change will. allow for a determination of
eligibility of tax relief for the elderly or handicapped prior to the due, date of
the first installment for the real estate taxes.
NOW THEREFORE BE IT RESOLVED by the Isle of Wight
County Board of .Supervisors that Chapter 15, Taxation, Article II. Real
Estate Taxes, Section- 15-7 Exemption or Deferral for the Elderly or
Handicapped be amended as follows:
(f) (2) Annually, and not later. than October" 15 of the taxable
year, the person or persons claiming an exemption or deferral must file a real
estate tax. exemption affidavit with the commissioner of the revenue. .The
affidavit shall set forth, in a manner prescribed by the commissioner, the
location and assessed .value of the property, .the names of related persons
occupying the dwelling for which exemption or deferral is claimed, the gross
combined incomes of such persons, the net combined financial worth of such
persons, the age or nature of the disability of the applicant and, if the person
is eligible for social security, a certification by .the Social Security
Administration or, if such person is not eligible for social security, a sworn
affidavit by two medical doctors licensed to practice in the state,. to the effect
that. such person is permanently and totally disabled as defined in subsection
(b)(2)(b) of this section.
j
The .motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark 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:
8
~,~.,.;~.~,~~.,~.~,u... ~t...~,~.r ; .,~.. _ ,~.... .. ,. . ~~,..~
904K 2J .!~;, ~~
An Ordinance to Amend. Chapter. 7, Fire Protection, Article I. In
General, Section 7-1.3 .Emergency Ambulance Transportation Service
Fees..
County Attorney Stroman advised that the amounts in the proposed
ordinance have been revised to reflect those charged by neighboring
localities, and on the advice of the County's consultant.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed Ordinance.
Troy .Ramsey of Carrollton. commented that individuals who would
most likely. to use ambulance service would be senior citizens who are
already living on a fixed income. He stressed that the County already has
numerous volunteers who hold fundraisers to support the .various fire
departments.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Chairman. Bradshaw informed 1VIr. Ramsey that the intention of the.
proposed ordinance is to bill insurance companies, Medicare and Medicaid.
He noted that any unpaid, bills would not be referred to collection agencies,
and that the Board is moving in this direction at the request of the various-
rescue squads.
Supervisor MacManus .advised that the County currently funds
approximately $350,000 annually for paid support for rescue services, and
the ordinance, if adopted, is intended to assist with offsetting some of the
associated expenses. He noted that the County. has .recently experienced a
drop in the number of volunteers in the rescue squads.
Supervisor Clark assured Mr. Ramsey that no one would be turned
down for rescue service as a result of the ordinance being adopted.
Supervisor Bradby inquired .how the County intends to handle calls for
individuals that do not have insurance.
Supervisor'Clark stressed that it is not the Board's intent to deny rescue
service to any individual, or put any individual in a financial hardship;
however, the County does intend to ensure .that insurance companies,
Medicare and Medicaid pay their fair shares.
Supervisor MacManus moved the Board adopt the following
Ordinance.
AN ORDINANCE TO AMEND CHAPTER 7,
FIRE PROTECTION, ARTICLE L IN GENERAL, SECTION 7-1.3
9
,.P...x_~.,~,ar.~..~t~_...~.,~ .._ ., ~ .._~_. ._. ,.. _ . _ _. ._ ... _ _ . _ ., ....._ . . .. . ... . .. ... ... ~, _ y ~ ~.~,~~.
ter.
BUOK ~~ ~ ~~:` ~~
EMERGENCY AMBULANCE TRANSPORTATION SERVICE FEES
1
1
1
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia recognizes the increasing costs of providing ambulance
transportation services to its citizens; whereas other communities have begun
to charge ambulance transportation services fees in order to defray these
costs; and
WHEREAS, the Isle of Wight County Board of Supervisors has:
determined that it is appropriate to provide for ambulance transportation
service fees in order to partially defray the cost of providing these services..
NOW THEREFORE BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that. Chapter 7 of the Isle of Wight County Code be
amended to add Section 7-1.3 as follows:-
Section 7-1.3 Emergency Ambulance Transportation Service Fees
(a) In accordance with Section32.1-111..14 of the Code of Virginia
(1950), as amended, the provisions of -this Section 7-1.3 are deemed
necessary to assure that adequate emergency services are provided to ensure
the health, safety and general welfare of Isle of Wight County citizens.
(b) Definitions, The following definitions shall apply for purposes
of this Section:
(1) "Basic Life Support" or "BLS" shall .mean medical
treatment or procedure services provided to a patient as defined
by the National Emergency Medicine Services (EMS) .Education
and Practice .Blueprint for the .Emergency Medical Technician
(EMT)-Basic.
(2) "Advanced Life Support Level 1" or "ALS-1" shall mean.
medical treatment or procedure services provided. to a patient
beyond those defined in subpart (b)(1) above, but shall not
include those services set forth in. subpart (b)(3) below.
(3) "Advanced Life Support Level 2" or "ALS-2" shall mean
those advanced. life support (ALS) services provided to a patient
beyond ALS-1 including the following procedures: (i) manual
defibrillation/cardioversion; (ii) endotracheal intubation; (iii)
central venous line; (iv) cardiac .pacing;. (v) chest
decompressions; (vi) .surgical airway; or (vii) intraosseous dine,
and the administration of three. or more medications of any kind.
(4) "Ground Transportation Mileage" or "GTM" shall mean
the. assessed travel distance, in statute miles, from the location. of
.the incident scene, or center point of a fire demand zone where an
10
z
9onK 23 , _: 7s
incident scene or address is located, to a hospital or othermedical
facility where. a patient is transported.
(c) The schedule of fees for ambulance transportation services
provided by the Isle of Wight County Department of Emergency
Management are as follows:
SERVICE FEE.
Basic Life .Support (BLS) $350.0.
0
Advanced Life Support Level 1 $450.0
ALS-1 0
Advanced Life Support Level 2 $575.0
(ALS-2 0
Ground Transportation Mileage $8.25/
(GTM mile
(d) The Director of Emergency Management is hereby authorized
and directed to establish such rules and regulations as may be necessary for
the administration of the charges imposed by this Section 7-1.3, including but
not limited to, billing and repayment procedures.
The motion was adopted by a vote of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark 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:
The application of Cost Plus, Inc. for a change in zoning classification
from Rural Agricultural Conservation (RAC) and Limited Industrial
(LI) to Conditional-General Commercial (C-GC) of approximately
2.362 acres of land located on Windsor Boulevard (Route 460) and east
of Dominion Parkway in the Windsor Election District. The purpose of
the application is for general commercial uses.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the application.
Michael Culpepper, .attorney with Williams Mullens, noted the
.County's Planning Commission had endorsed. the application to the Board.
He volunteered to address any particulars of the application should the Board
so :desire.
Supervisor Clark inquired what types of businesses are proposed for
this site.
.Attorney. Culpepper advised that there is not a known user at this time,
and. he referred to the Board Report contained in the agenda which lists the
lI
1
1
types of business that can not be located at the site. He stated. with respect to
the concern. voiced by a member of the Planning Commission about the
possibility of a convenience store or fueling. station being. built on the site,
.Cost Plus would be required to seek a Conditional Use Permit for that use.
Mr. Hartley advised the Board that staff met. with Cost Plus
representatives and developed a list of what each thought would be an
inappropriate use given the size and location of the site. He advised the site
is located in the Highway Corridor Overlay District, and Cost Plus is required
to come back to the. Board in the future with a site plan, at which time the
Board would have the opportunity to make comments.
County Attorney Stroman advised'that Cost Plus is:bound by excluded
uses forever, unless the proffers are amended.. He stated with respect. to the
uses that are permitted now without a Conditional Use Permit, should the law
later change to require a Conditional Use .Permit, the owner would be
required to submit. and receive approval of the Conditional Use Permit with
any conditions .the Board might deem appropriate within the limits of the
Code of Virginia and the County Code.
Chairman. Bradshaw closed the public hearing and called for comments
from the Board.
- Supervisor Wright moved the Board approve the application of Cost
Plus, Inc., as conditioned. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor.
of the motion, and no Supervisors voting against the motion.
//
Supervisor Clark moved the Board return to the regular order of the
agenda. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby,. Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for the continuation of Transportation
Matters.
Supervisor MacManus recommended that they gates be placed in the
roadway in close .proximity to the RaceTrac gas station so that traffic can be
rerouted before it reaches: the surrounding tidal marsh..
Mr. Neblett advised that VDOT had intended to secure the gates at the
end of the James River Bridge,
I2
~M~..,~~_T~.,-.~~.,~~, ~.....~~.T ..~ „....- .. ,.. _ .. _~t, ~ ri, . ~ . ~.,,~ ~,.n . ~.. ~~ , x
~o~K 23 ,,~:~ 78
M L.
Noting that Mr. Dangerfield has been invited to address .the Board on
several different occasions, and not appeared, Supervisor Clark moved the
Board direct staff to invite Mr. Dangerfield, or his superior, to the Board's
March 17, 2005 meeting to discuss the safety conditions on the James River
Bridge, and how the citizens. of the Commonwealth of Virginia are. impacted.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark. and Wright voting in favor of the motion,. and no
Supervisors voting against the motion.
Responding to Chairman Bradshaw's inquiry if accidents are
considered a .safety issue with VDOT, County Administrator Caskey offered
to investigate whether or not staff could apply for Transportation .Safety
Funds on behalf of the County.
Supervisor Clark notified Mr. Neblett that Mr. Lucci has advised him
that the drainage ditches at the intersection of Smith's Neck Road and Minga
Lane are clogged, and in need of cleaning.
Supervisor Clark further notified Mr. Neblett that Harry Cassell has
advised him that the drainage ditch and culvert underneath. King's Cove. Way
and Route 17 are clogged, and in need of cleaning.
Supervisor. MacManus requested. that Mr. Neblett take appropriate
action to have the U-turns 'and left turns eliminated on Benns Church
Boulevard/Route 10 at the James River. Christian Academy.
Supervisor Bradby requested that Mr.' Neblett take the appropriate
action to have the broken pavement repaired at Fort Huger Drive.
..Supervisor Wright requested~Mr. Neblett to take the appropriate action
to have the drainage problem corrected at The Tobacco Shop located on
Route 460.
Chairman Bradshaw. requested Mr. Neblett to take the appropriate
action to have the potholes repaired on Gray Mill Road.
Joe Lomax, Assistant .Resident Engineer, VDOT, advised the Board
that work has begun to establish ditches on Vellines Lane, which ties into
Kings Cove Way.
. Mr. Rogers recommended that the Board authorize the .Chairman to
sign a Letter of Intent for. the Revenue Sharing Program for Fiscal Year
2005-06 based on the Board's previous financial commitment at its January
20, 2005 meeting..
Supervisor MacManus moved the Board authorize the Chairman to
sign .the Letter of Intent for the fiscal. year 2005-06 Revenue Sharing
Program. The motion was adopted by a vote of (5-0) with Supervisors
13
„~.,,.,~..4...~_.._~~~.,r.~~~...~ .,.__.. ~.. ___ _ , __.~ ~ . ~ . ._ __ _ .._ _ .... _ _- _ r. ._._. z. ~._~.._ . ~ ~ .~.. a..~.w . .. ,
II
1
1
9DDr ~J ~.:- ~~
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for Citizen's Comments.
Albert Burckard of the Newport District addressed the Board on the
history of the Confederate Flag.
U
Chairman Bradshaw called for the County Attorney's report.
County Attorney.Stroman presented a revised set of Rules of Procedure
that incorporated all but one of the previous comments of the .Board. He
apologized for omitting language with respect to disruptive behavior, and
recommended that the Board approve the Rules of Procedure, as amended, to
include that language.
Supervisor Clark moved that the Board .adopt the Rules of Procedure
for the Board of Supervisors, as amended to include the following language
with respect to disruptive behavior "any person engaging in .any conduct...
which impairs the ability of the Board to conduct, or citizens to participate in,
a meeting may be ejected from that meeting. in addition to any other
applicable penalty." The motion was adopted by a vote of (5-0) with
Supervisors. MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and ~no Supervisors voting against the motion.
County Attorney Stroman briefed the Board on the Scott vs. Isle of
Wight County Board of Zoning Appeals matter which was dismissed by the
Circuit Court .fudge.
Supervisor Clark requested that Attorney Stroman relay to the Board
of Zoning Appeals (BZA) the Board's sentiment: that that Board made a wise
dzcision in that matter.
I/
Chairman Bradshaw called for the County Administrator's report.
County Administrator Casket' presented a request of the Friends of the
Carrollton Public Library seeking the permission of the Board to construct a
memorial garden and a gazebo behind the Carrollton Public Library.
Supervisor Clark. moved the Board approve the .request of the
Carrollton .Public Library to construct a memorial garden and a gazebo
behind the Carrollton Public Library. The motion was adopted by a vote of
14
...~,. _.~._.. _ . ~ . k , . _ ,. ~ ..~. .
_... ._.. ~__, :. ._ _, ,.~~ e,~.r ~.b_~.:.
~.~..,
(S-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and".Wright
voting in favor of the, motion, and no Supervisors voting against the. motion.
County Administrator Caskey presented a request from the Clerk of the
Circuit Court for a local supplement in that office.
Supervisor Clark moved. the Board approve the request of the Clerk of
the Circuit .Court to fund the County-funded .position within his. office at a -
salary of $21,074, and that the Clerk of Circuit Court $e authorized to
transfer $S6S from his FY 2004-OS budgetto fund the increased salary. The
motion was adopted by a vote of (S-0) with. Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in :favor of the motion, and no
Supervisors voting against the motion..
County Administrator Caskey stated. responsive to the Board's previous
direction is a resolution changing the meeting schedule adopted by the Board
at its organizational meeting of January 20, 2005 reflecting the cancellation
of the March 7, 2005 meeting of the~Board.
Supervisor Bradshaw moved the Board adopt he following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGINIA.
TO CHANGE THE MEETING SCHEDULE
ADOPTED AT ITS ORGANIZATIONAL MEETING
OF JANUARY 20, 2005
WHEREAS, .the Board of Supervisors of Isle of Wight County,
Virginia,. has .determined it is necessary to change the meeting .schedule
adopted at the Board's organizational meeting of January 20, 2005; and,
WHEREAS, the Board of .Supervisors took action at its meeting of
February 8, .2005 to cancel its March 7, 2005 Board meeting and directed
staff to make a recommendation at the Board's February I7, 2005 meeting on
a time to hold the March 17, 2005 meeting; and.
WHEREAS, staff has recommended that the Board's Marchl7, 2005
meeting commence at 5:00 p.m. -
NOW, THEREFORE., BE IT AND IT IS HEREBY RESOLVED, that
the Board of Supervisors hereby cancels its previously scheduled March. 7,
ZOOS meeting and will begin its March 17, 2005 meeting at 5:00 p.m. This
Resolution is in compliance with the requirements of the Code of Virginia,
Section 15.2-1416 (1950, as amended).
The motion was adopted by a vote of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the
motion, and no Supervisors voting against the motion.
15
y
l
1
C
Folio"wing discussion: by the Board, it was the consensus of the Board
to hold its annual Town Meeting on Wednesday, April 13, 2005 at 7:00 p.m.
at the Rushmere Volunteer Fire Department.
Supervisor MacManus requested that staff invite the Rushmere fire and
rescue organizations to attend the Town Meeting, and that they be prepared
to address any items of interest or need of their respective .organizations. He
further requested that transportation issues.be listed as a topic of discussion
on the agenda.
Anne F. Seward, Assistant County Administrator/Administration.
presented a proposed FY 2005-Ob Budget calendar for consideration by the
Board.
Supervisor MaeManus moved the Board authorize staff to .prepare a
resolution to be brought back to the Board- far consideration at its March 17,
2005 meeting advising that the Board is setting a work.session on March 28,
2005 at 5:00 p.m. for.. the purpose of discussing the proposed FY 2005-06
budget. The motion .was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and. no Supervisors voting against the motion.
//
.Chairman Bradshaw called for Appointments.
Supervisor Clark moved that the Board appoint Ted P. Hoagland to the
Newport Development Service District Corridor Revitalization Committee.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no
Supervisors voting against the motion.
//
Chairman Bradshaw called for Old Business.
County Administrator Caskey noted. contained in the .agenda is an
.update on Action Steps, pursuant to the Board's previous direction.
The Board received the update, and took no action on the issue of
Action Steps.
//
Chairman Bradshaw called for New Business.
9~~~ 23 tr.~:~ $2
Mr. Hartley stated responsive to the .direction of the .Board at its
January 20, 2005 meeting, staff has preliminarily reviewed the landscaping at
Eagle Harbor and determined it to be in compliance with the requirements of
the County's current Ordinance.
Supervisor MacManus .requested that Mr. Hartley take photos of the
existing landscaping conditions at Eagle Harbor; provide the Board with
copies of .the Board's and staff's previous direction to the developer with
respect to desired landscaping standards; and, invite .the developer to a
meeting so that he can explain the difference. between what was actually
planted and the rendition shown earlier to the Board:
Mr. Hartley noted he would bring the matter back to the Board at its
March 17, 2005 meeting.
Supervisor Clark reminded staff .that he is still interested in receiving
information on how the County can prohibit. large scale open .burning in the
Newport Development Service District.
Supervisor Clark noted an interest in reviewing VACo's ordinance
with respect to buffering requirements for biosolids and silvicultural
applications.
. Mr. Hartley offered to provide the Board at its March 17, 2005 meeting
a copy of the VACo draft ordinance. He noted that he would also bring back
information on the ability and desirability of the County. to undertake the
inspection function.. He noted there are funds available from the State.
//
County Attorney Stroman requested the Board convene in closed
meeting pursuant to Section 2.2-3711.A.6 of the. Code of Virginia pertaining
to a matter. involving the investment of public funds where, if discussed in
open session, would .adversely affect the position of the governing body,
specifically a proposed contract related to trash disposal; under Section 2.2-
3711.A.7 of the Code pertaining to a matter for. advice of counsel and
briefings from staff related to a legal issue.. concerning the payment of
proffers; under Section 2.2-3711.A.7 of the erode pertaining to advice of
counsel with respect to probable .litigation related to contractual issues arising
out of the Courthouse renovation; under Section 2:2-3711.A.3 of the Code to
discuss the acquisition of real property for. public purposes where the
discussion in open session would. adversely affect the position of the
governing body; .under Section 2:2-3711.A.1 of the Code concerning a
personnel matter related to assignment, appointment,. promotion,
performance, etc. of a public employee; and, under Section 2.2-3711.A.7 of
the Code pertaining to legal advice and briefings from staff regarding
wastewater disposal issues.
m~„~„~_,
,~ . r., .._ ... ~ _ _ ~ . _ . _, .~ . _ _ ...._.. ., .. _..W , ., ,~....,.~, ~ .~,....
1
1
Supervisor Wright moved .the Board enter the. closed meeting for the
reasons stated. The motion was. adopted by a vote of (5-0) with. Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board return to open session. The
motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and :Wright voting in .favor of the motion,. and. no
Supervisors voting against the motion..
Supervisor MacManus moved the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board: of Supervisors. that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board. of Supervisors
.hereby certifies that, to the best of each member°s knowledge, (i) only public
business matters lawfully exempted from open meeting ..requirements by
.Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public. business matters as were identified.
in the motion convening the closed meeting were heard, ..discussed or
considered. by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Wright
i
NAYS: 0
ABSENT DURING VOTE: 0
.ABSENT DURING MEETING: 0
The Board took rio action following the closed meeting.
//
At 9:20 p.m., Supervisor Bradby moved the Board adjourn its. meeting...
The motion was adopted by a .vote of (5-0) with Supervisors MacManus,
18
~,~,~,.~fi~,, r~x,. , w .,...,. r , ~ .~ . , ,. ~ _ _ ~ .. . _ ... ., , .~,~_ ~~r,.. ~,.~,~~....~..~~
9D4K ~J ~r,_:. ~~
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
ip A. Bradshaw, Chairman
W. Douglas as y, Clerk
19