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11-18-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF NOVEMBER 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: 11 ll II A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk LuAnn Delosreyes, Deputy Clerk Chairman Bradshaw called the meeting to order at 5:00 p.m. Supervisor Hall 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 authorization to advertise for public hearing on December 16, 2010 an Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Chapter 14. Sewers and Sewage Disposal. Article XV. Use of Public Sewer System; under the County Attorney's report, add the annual review of the Rules of Procedure; under the County Attorney's report, add authorization of a termination of a lease agreement between the County and Social Services; combine the three (3) School Board items under the County Administrator's report with the Special Presentation regarding Windsor Middle School; under County Attorney's report, add authorization to approve the Purchase Agreement for the Sentara property in downtown Smithfield; add a closed meeting item regarding potential litigation per Supervisor Clark; and, add a closed meeting item regarding a personnel issue per County Administrator Caskey. 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. 1 Chairman Bradshaw called for Special Presentations /Appearances. Chief Sullivan displayed a dog that is currently available for adoption at the County's animal shelter. Sheriff C. W. Phelps presented Lt. Colonel Hines with his service weapon and identification badge upon his retirement from the Sheriff's office. Constance Rhodes, Executive Director, Chamber of Commerce, advised that G &G Cycleworks would not be present tonight as part of the small business close -up segment of the agenda. She thanked Chairman Bradshaw for his contributions on behalf of the County upon his departure from the Board. Chairman Bradshaw excused himself from the next discussion on the Windsor Middle School noting a possible conflict of interest as he has recently accepted the position of the School's Chief Financial Officer. Peter Andreu, Isle of Wight County Schools, briefed the Board regarding a proposal for a new Windsor Middle School. He advised that it would be more cost effective to build a new facility than to renovate the existing one. Jill Mizelle, Technology Teacher, Windsor Middle School, invited the Board to take a tour of Smithfield Middle and Windsor Middle schools during school hours. She advised that students in the southern end of the County should be offered equal educational opportunities which are currently not available. She provided a photo tour of Windsor Middle School pointing out the differences between the County's two (2) middle schools. Ms. Getz, Principal, Windsor Middle School, advised that the cost of renovation has been determined to be higher than that of building a new school. She commented that the renovation of a facility with sections between 48 and 61 years old is not a sound long -term solution; that a renovated Windsor Middle School will not be comparable to the current Smithfield Middle School; that a renovation and addition project will require construction phasing and place a heavy burden on students and staff at Windsor Middle School; that Windsor Middle School has numerous hazardous building materials; that a new school can be constructed at the existing site with very limited impact to ongoing operations; that many areas of the existing building to do not meet the size or quantity recommendations set forth by the Virginia Department of Education; that the existing building has numerous issues with non - compliance with handicapped accessibility; that the existing building has numerous deficiencies in structural, plumbing, mechanical and electrical systems, which will require extensive replacement 2 systems; that the existing building has structural clearance issues that make renovation challenging for the HVAC systems; and, that time is critical as the current market is providing competitive construction bids and prices are anticipated to increase with an improved economy. She commented that the existing building smells bad; the air conditioning is loud and will not allow a bystander to hear what the students and teachers are saying to one (1) another; certain sections of the building are so stifling when the heat is turned on that windows need to be opened during the winter months, whereas other parts of the building are chilly and require a jacket; some of the windows are about to fall out of the wall; there are major technology limitations due to the challenges of a very old building; there is no hot water in the bathrooms; there are wasps in the building which come in from the loose windows; and, announcements can only be heard if you are in the classrooms. She requested the Board to vote in favor of a new Windsor Middle School. Mr. Andreu requested permission for the School Board to prequalify for an interest -free loan from the State. Supervisor Clark moved that the Board approve the School Board prequalifying for a construction bond (file for an interest -free loan). The motion was adopted by a vote of (3-1-1) with Supervisors Clark, Hall and Wright voting in favor of the motion; Supervisor Casteen voting against the motion; and, Chairman Bradshaw abstaining from voting. Supervisor Clark requested Mr. Andreu to contact his office with a good time for him to conduct a tour of the existing Windsor Middle School facility. County Administrator Caskey presented a Resolution to Reappropriate the Isle of Wight County Schools State Carry Forward Funds Related to Purchase Orders for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO REAPPROPRIATE THE ISLE OF WIGHT COUNTY SCHOOLS STATE CARRY FORWARD FUNDS RELATED TO PURCHASE ORDERS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia authorizes the state carry forward funds related to purchase orders totaling $1,059,830.65 (one million, fifty-nine thousand, eight hundred thirty dollars and sixty -five cents) of the Isle of Wight County Schools be reappropriated to the school board's budget for fiscal year 2010 -11; and, WHEREAS, Section 22.1 -100, Chapter 872, 2010, Code of Virginia, Acts of Assembly states "any locality that has met its required local effort for the Standards of Quality accounts for fiscal year 2010 or 3 that has met its required local match for incentive or Lottery - funded programs in which the locality elected to participate in fiscal year 2010 may carry over into fiscal year 2011 any remaining state fund balances available to help minimize any fiscal year 2011 revenue adjustments that may occur in state funding to that locality ". NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 22- 1 - 100, Chapter 872, authorizes the state carry forward funds shall be reappropriated to the school board's budget for fiscal year 2011. The motion was adopted by a vote of (4 -0 -1) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Bradshaw abstaining from voting. County Administrator Caskey presented a Resolution to Reappropriate the Isle of Wight County Schools State Carry Forward Funds Related to Unspent Funds for the Board's consideration. Supervisor Clark commented that the Superintendent of Schools has not yet provided an explanation regarding the moving of costs from capital expenditures for operating costs, as requested by the Board at its October 18, 2010 meeting. He stated that he could not support the request until the Superintendent has provided that information. Dr. McPherson advised that the funds had been taken from the maintenance line item as it was a maintenance project. He stated if it would have been a capital project, it would have been in the Capital Improvements Plan. He advised that repairs were needed and County staff had instructed his staff to make the repairs. Supervisor Wright moved that the Resolution be tabled until the Board's December 16, 2010 meeting in order to allow the Superintendent an opportunity to provide the following information: County Administrator Caskey and Dr. McPherson to provide a report on how it happened and why that the County required the Schools to perform certain upgrades and did not provide the Schools adequate time to include those upgrades in the next Capital Budget. provide additional information with respect to what the funds will be used for. . develop an outline detailing what funds were spent and why they were expended. 4 The motion was adopted by a vote of (4 -0 -1) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Bradshaw abstaining from voting. Donald T. Robertson, Director of Information Resources and Legislative Affairs, noted that contained in the agenda is information responsive to a recent newspaper article regarding what specific capital projects were paid for by the County with more than a half million dollars in proffer money. He advised that the Board was apprised in FY2009 -10 that the County had collected $92,445 and expended $515,000, according to a 2010 Commission on Local Government Survey of Cash Proffers Accepted by Local Governments. He noted that expenditures were appropriately attributed to the categories of Parks, Recreation and Open Space, Fire and Rescue /Public Safety, and Miscellaneous, which included funding for contributions to capital projects for the YMCA ($50,000) and Red Cross ($50,000), equipment for General Services ($180,000), and an electronic poll book system for the Electoral Board ($15,000). Chairman Bradshaw moved that the VDOT representatives address the Board at this point in 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. Mr. Scott, VDOT, responsive to a letter received from the County Administrator to Mr. Heuer, dated October 22, 2010, advised that an update on County projects for the previous six (6) years will be provided to the Board in January 2011. He identified the following as priorities in the County's Six -Year Plan: Pope Swamp Trail in the amount of $582,000; Ballard Road in the amount of $472,500; Poor House Road in the amount of $105,000; Hall Town Road in the amount of $315,000; and the westbound sidewalk project in the Town of Windsor in the amount of $105,000, representing a total of $1.7 million dollars. He advised that VDOT would be repairing the deteriorating pavement at the United States Post Office in the Town of Windsor, although it will not be a permanent repair because the entire intersection needs to be rehabilitated. He stated with regard to the signal retiming and left-turn movements in the Town of Windsor, VDOT will investigate and determine how the level of service is being impacted and follow up with the Board. He advised that signs have been installed along Route 460 to detour traffic away from the intersection. He advised that VDOT has determined that a stop light at Roberts Avenue and Route 460 is not warranted at this time. Supervisor Casteen reiterated his request that the lanes in Smithfield to the right and the left where it crosses Main Street be extended. Joseph Lomax, VDOT, advised that VDOT will attempt to replace the curb and gutter on both lanes on Route 460. He advised that excavation will be necessary at that site and VDOT will perform the work as expeditiously as possible. He advised that the majority of work related to paving and the Route 17 project will occur in late spring of 2011. He advised that ditching efforts along Route 603, Shiloh Drive, Cut Through Road, Burdett Road and Colosse Road have been completed and Five Forks Road and Knoxville Road are in the process of being performed. He advised that work on Routes 10 and 258 will be completed by March of 2011. // Chairman Bradshaw called for consideration of the Consent Agenda. A. Fair Committee By -Laws B. Draft Policy /Use of Joel C. Bradshaw Fairgrounds and Concessionaires in County Parks C. Safety Training Update D. Department of Motor Vehicles Resolution to Accept and Appropriate Funding from the Virginia Department of Motor Vehicles E. Pesticide Container Recycling Program Resolution to Accept and Appropriate $1,875 from the Commonwealth of Virginia Department of Agriculture and Consumer Services F. Quarterly Engineering Project Status Report G. Fiscal Year 2010 -11 Monthly Financial Reports for County and Schools H. Delinquent Real Estate Tax Collection Monthly Report I. September 2, 2010 Regular Meeting Minutes J. September 23, 2010 Regular Meeting Minutes K. October 12, 2010 Joint Meeting Minutes L. October 18, 2010 Regular Meeting Minutes 6 Supervisor Casteen moved that Item (G.) Fiscal Year 2010 -11 Monthly Financial Reports for County and Schools, be removed from the Consent Agenda and that the remaining items be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved to approve Item (G.) Fiscal Year 2010 -11 Monthly Financial Reports for County and Schools. 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 declared a break. Chairman Bradshaw called for Regional Reports. Regarding the Coalition of High Growth Communities, Supervisor Clark reported that growth control measures were discussed with respect to impact fees and proffers. Regarding the Hampton Roads Metropolitan Planning Organization, Supervisor Clark reported that the Long -Range Transportation Plan was discussed with respect to how the public private partnership will be conducted, as well as when, where, what that will include and how it will affect the surrounding area. He advised that the public private partnership for the Hampton Roads Bridge Tunnel includes tolling all the bridges and tunnels in the area in the amount of $4 to $6 per trip across. Regarding the Hampton Roads Planning District Commission, Supervisor CIark reported that he is serving as the new Chairman and the concern is the affect of the new regulations with respect to total maximum daily loads in the Chesapeake Bay. Regarding the Mayors and Chairs Caucus, Chairman Bradshaw reported that the County hosted the meeting this month in Smithfield. He advised that Mayor Johnson from the City of Suffolk was elected the new Chairman. He advised that the Caucus' new meeting schedule is being developed with the possibility of only meeting every other month. Regarding the Smithfield Intergovernmental Relations Committee, Supervisor Clark reported that he and Supervisor Casteen had received a status report from the Smithfield Town Manager with respect to Pinewood Heights and the Smithfield Volunteer Fire Department. He further reported 7 that yard waste recycling was also discussed, to include a review of the water conservation policies with respect to irrigation water use in residential subdivisions. Regarding the Southeastern Public Service Authority, County Administrator Caskey reported that SPSA had adopted its Strategic Plan for FY2011 -16 and set a public hearing at its December meeting to adopt a new tipping fee, which is proposed to be reduced from $150 a ton to $145 per ton, which could result in a savings to the County of approximately $50,000 for the remainder of this fiscal year. He advised if the proposed tipping fee is adopted by the SPSA Board, it will become effective January 1, 2011. Regarding the Southside Mayors and Chairs, Chairman Bradshaw reported that regional transportation issues were discussed. Regarding the VACo /Board of Directors, Chairman Bradshaw reported that Bob Atkins was elected as the new President and that Harrison Moody from Dinwiddie County was elected as the Treasurer. Regarding the Western Tidewater Regional Jail Authority, Supervisor Wright reported that the Jail Superintendent had received an above average evaluation. He advised that an audit report did reveal that the Jail is in good financial standing. Supervisor Wright recognized Beverly H. Walkup, Director of Planning and Zoning, who, on behalf of the County, attended a Virginia Housing Awards luncheon and received an award for the Booker T. Estates project. Chairman Bradshaw called for Transportation Matters. Eddie P. Wrightson, Director of General Services, presented a Resolution of Support and Endorsement for Amending the 2030 Hampton Roads Long -Range Transportation Plan to Include Construction of U.S. Route 460 (Bowers Hill to Southampton County) for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION OF SUPPORT AND ENDORSEMENT FOR AMENDING THE 2030 HAMPTON ROADS LONG -RANGE TRANSPORTATION PLAN TO INCLUDE CONSTRUCTION OF U.S. ROUTE 460 (BOWERS HILL TO SOUTHAMPTON COUNTY) WHEREAS, by letter to the Hampton Roads Planning District Commission, the Commonwealth Transportation Commissioner has requested an amendment to the Hampton Roads 2030 Long -Range Transportation Plan (LRTP) to include construction improvements to U.S. Route 460; and WHEREAS, the new realigned Route 460 is a stated priority of Governor McDonnell; and WHEREAS, improvements to the Route 460 corridor are critical to the continued growth and success of the Port of Virginia and the economic health of the Commonwealth; and WHEREAS, the improved Route 460 will provide a needed evacuation route for Hampton Roads residents; and WHEREAS, three private consortiums have submitted proposals to the Commonwealth to develop an alternate Route 460 as a public - private partnership; and WHEREAS, the Virginia Department of Transportation and the Federal Highway Administration are working to demonstrate the financial viability of the new Route 460. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports and endorses an amendment to the Hampton Roads 2030 Long -Range Transportation Plan (LRTP) to include construction improvements to U.S. Route 460. 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 Chairman be authorized to forward County staff's written comments on the conceptual proposals to VDOT. 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 advised that the County traditionally receives a request from the Virginia Department of Transportation asking the County to advise if it has any intent to apply for FY 2012 Revenue Sharing Funds. He advised that the County had previously applied for $1,000,000 in 2011 for the intersection of Brewers Neck and Benn's Church Boulevard and received $461,000 from VDOT. He requested that the Board authorize the County Administrator to advise VDOT that it is the County's intent to apply for the balance of the unapproved funds from the County's FY2011 application or $539,906. 9 Supervisor Hall moved that the County Administrator be authorized to advise VDOT that the County's intent is to apply for the balance of the unapproved funds from the County's FY2011 application or $539,906. 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 advised that VDOT has established a new operation blueprint in response to new State revenues and budget cuts. He advised that staff has evaluated options in which to respond to those changes and is recommending that the Board establish a Transportation Committee. Chairman Bradshaw duly noted that the "Building and Grounds" Committee be renamed the "Building and Grounds /Transportation" Committee and that Supervisors Casteen and Clark continue to serve on the Committee for the remainder of 2010. Pat Clark, on behalf of the Isle of Wight Citizens Association, thanked Chairman Bradshaw for his service to the County and its citizens. He spoke favorably of a VDOT representative attending the Board's meeting at least quarterly. Ed Easter of Hideaway Lane voiced opposition to private industry controlling Virginia roads. Antoinette R. Basham of Smithfield expressed concern with the left turn lane (going towards the James River Bridge) at the entrance to Eagle Harbor from Route 17. Supervisor Clark moved that staff be directed to meet with VDOT regarding the left-turn lane at the entrance to Eagle Harbor. 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 Citizens Comments. Michelle McManus, PTA President and a member of the Committee formed to study whether or not to renovate the existing Windsor Middle School or build a new facility, addressed the Board concerning the need to build a new Windsor Middle School facility. /1 At 7:00 p.m., Supervisor Wright moved to amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted 10 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: The application of Eagle Harbor Apartments -II, LP, applicant/owner, to amend proffered conditions of approximately 19.96 acres of Iand located on the northwest side of Carrollton Boulevard (Route 17/258/32), in the Newport Election District. The request is to amend Zoning Case #ZA- 03 -09, approved July 16, 2009, to allow adjustment to the original voluntary cash proffer commitment. Beverly H. Walkup, Director of Planning and Zoning, advised that 70% of the residential has been platted and 20% of the commercial has been developed. She advised that since 2002, the net taxable real estate investment from the development has increased from $18 million to $306 million, yielding a tax benefit from the added real estate investment of $137,000 to $1.6 million annually. She advised that Eagle Harbor represents 11% of the total improved parcels in the Newport District and pays 18% of the real estate taxes. She advised that in February of 2003, Eagle Harbor advanced to step two (2) on the sliding scale with the construction of the Eagle Harbor shopping center. She advised that phase one (1) of the Eagle Harbor apartments began in 2005 with a residential cash proffer of $500 per unit. She advised that the subject phase of the Eagle Harbor apartments was rezoned from Conditional General Commercial to Conditional Planned Development — Residential by the Board on July 16, 2009 and the total site area contains approximately 19.96 acres and proposes 144 multi - family dwelling units as an expansion of the existing 240 unit Eagle Harbor apartment complex. She advised that the applicant has proposed a proffer amendment that would allow a reduction in the total cash proffer commitment approved under the July 16, 2009 rezoning from $2 million or $13,611 per unit to $1.3 million or $9,027 per unit. She advised that the applicant is also requesting a credit of $141,000 for the completion of off -site drainage improvements to correct downstream flooding not caused by the project. She advised that the drainage improvements involved the construction of a replacement culvert at the end of Vellines Lane and the work has been completed and the per unit proffer being offered under the amended application is $8,048.62 per unit. Alan K. Little, President and Chief Executive Officer, Breeden Company, advised that following the public hearing of July 15, 2010 involving Benn's Grant, he spoke with staff regarding the proffer reduction granted for Benn's Grant and was informed that Benn's Grant was a product of renegotiations. He stated that he wanted to investigate the facts surrounding the Benn's Grant renegotiation with respect to the renegotiation 11 of his company due to the change in the economic times. He advised that he had a 30 day period under which he could appeal, but he did not feel that 30 days was an adequate amount of time in which to investigate this matter and he asked for an extension of the 30 day period, which was denied. He stated that he was advised that the only recourse he would have is to file litigation against the County, which he reluctantly did so that he would have additional time to discuss the matter. He stated that following a number of discussions with County staff and some members of the Board, he concluded that this meeting was the best forum to discuss the matter and he asked for the court to dismiss the suit on October 6, 2010. He stated there has been a tremendous increase in the value of the Eagle Harbor development properties and his company has invested $35 million in the shopping center and existing apartments. He stated the existing project has paid several hundred thousand dollars in real estate taxes to the County and the Breeden Company has enjoyed a good business relationship with the County. He stated with the closure of International Paper, the Breeden Company is now the third largest taxpayer in the County. He stated that the Breeden Company voluntarily spent over $140,000 to remediate a drainage issue, which was not an obligation of the Breeden Company. He advised that the Breeden Company purchased the property several years ago with the assumption that there would be financing available to develop it; however, it has not been successful during the past fourteen (14) months in negotiating with financing entities. He advised that the Breeden Company supports the County's undertaking of a pro - business attitude with the granting of a reduction in proffers for Benn's Grant and the Breeden Company is asking for equal treatment under that same policy. He stated that the school proffer for both the Breeden Company and Benn's Grant is dramatically overstated because the apartments are so expensive that they do not support many families. He stated that the Breeden Company is paying in excess of $1 million in connection fees and paying $1.3 million in proffers in the amended application tonight and he is willing to amend the proffers and write a check for the proffers upon the receipt of the first Certificate of Occupancy if the Board will approve the application tonight. Chairman Bradshaw commented that the applicant has made an offer that is in violation of State code. He suggested that the applicant could request the Board to table the application and take into consideration his amendment to the proffer. Supervisor Clark commented that the applicant has been in the County a long time and had many dealings with the County, always doing what he said he would do. Interim County Attorney Burton advised that the applicant could voluntarily offer that and the Board could accept it afterwards. Mr. Little stated that his company would be agreeable to that. 12 Chairman Bradshaw commented that the Board might be setting a precedent by doing that. Mr. Little withdrew his offer. He provided letters of support of the application to the Board from individuals who were unable to attend the meeting. He stated that all businesses want is fairness in terms of the application of the rules and taxation. He stated he would take the risk of making the business investments if the Board creates the kind of environment that supports business. Chairman Bradshaw called for persons to speak in favor of or in opposition to the application. Christine Stakes, owner of Pet Paradise, spoke in support of additional apartments being built. She commented that many of the existing apartment residents are customers and friends who frequent her small business. She stated that she wants to expand her small business and stay in the County. Henry Morgan, 22048 Ballard Creek Drive, thanked Chairman Bradshaw for his service to the County over the years. He stated that he is in favor of this project because the County needs to expand its base in order to cover the demands of its budget. He stated that the existing apartments are quality built and the individuals who reside there are individuals who contribute to the quality of life in the County. Patti Straledo, 11578 Carrollton Boulevard, representing a restaurant in the Eagle Harbor shopping center, welcomed all new residents who will contribute to the economy of the County. Thomas Finderson, Newport District, commented that Benn's Grant has offered the full single- family proffer of $11,189 whereas Eagle Harbor, over the years, only paid one -third graduated down from $2,000 to $500. He stated that had Eagle Harbor paid the full proffer over the last ten (10) years, there would be a basis for drawing an enology with the Benn's Grant or being concerned that they are receiving unequal treatment. He stated that Eagle Harbor has not paid its fair share over the last ten (10) years. He stated with regard to the $144,000 credit; it was Eagle Harbor's error on Vellines Lane that lead to the flooding on Vellines Lane. He stated that there is no comparison between Eagle Harbor's request and Benn Grant's request, which provided citizens with many amenities, a new section of road, water tower and a pumping station. He stated that he is not in favor of giving the exception to Benn's Grant and not to Eagle Harbor. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved that the application be approved. The motion was defeated by a vote of (2 -3) with Supervisors Clark and Wright voting in 13 favor of the motion and Supervisors Bradshaw, Hall and Casteen voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of W.C. Sawyer and Archer L. Jones, II, owners and R. Mitchell Wilcox, applicant, to amend the Comprehensive Plan Land Use Designation of tax map parcels 34 -01 -055, 34 -01 -086, 34-01 - 086A & 34 -01 -087 and a part of 34- 01 -050B from Suburban Estate to Suburban Residential. Said property, approximately 19.13 acres, is located on the east side of Carrollton Boulevard (Route 17), in the Newport Election District. The proposed use of the property is for 76 single family duplex condominiums. Matthew Smolnik, Principal Planner, introduced the application stating that the Planning Commission recommended denial of the application by a vote of (6 -3) at which time the applicants tabled the rezoning application until January of 2011 until the Board decided the Comprehensive Plan amendments tonight. Chairman Bradshaw called for persons to speak in favor of or in opposition to the application. R. Mitchell Wilcox, Commonwealth Engineering Group, stated that he is aware of a drainage problem in the existing subdivision. He stated that the proposed project is the best opportunity and remedy to solve the drainage problem. Archer Jones, applicant, advised that drainage problems are associated with the property developed in the 1990's and that he was able to acquire land which serves as a good portion of the proposed development and affords the ability to deal with the drainage problem. He stated that the site plan includes a swell which will resolve the existing drainage problem that many of the residents in the area complained about at the Planning Commission meeting. He advised that he is prepared to make resolution of the drainage problems a proffer in that project. He stated he would also address the density that the residents would prefer not to see developed in that area. He stated this is an area of the County that is most prescribed for a denser form of development. He stated that he is prepared to work with staff, the Planning Commission and the Board to negotiate a proper rezoning package to justify the development of this property. He stated that along Route 17 is land that was rezoned in 1997, shown as light industrial and is a combination of light industrial and commercial and he believes that this project is already a mixed use. He stated that there needs to be residential growth to support the commercial development and he believes that will help the commercial development that he hoped would be here before now and he believes will be here in the future. 14 Thomas Finderson of the Newport District stated that flooding issues cause the land to not be suitable. He stated that VDOT agreed that in the short term, right and left turns can be made; however, in the long term, a motorist could not make a left turn. He stated that the property is next to an industrial site and no buffer has been created between the industrial site and the various residential homes. He stated that the applicant has agreed to offer a proffer about swells, but Mr. Wilcox stated they would try within their power. He stated that they must be specific about what will be done as swells will not fix the drainage problem. He stated that this is the same problem as Eagle Harbor had over at Vellines Lane. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark stated that this is not a rezoning application, but rather a change in the Comprehensive Plan for the usage along that area. He stated that the request before the Board fits into the character of what is already located on Route 17. Chairman Bradshaw clarified that the weaknesses included in the Board Report in the agenda do not have anything to do with being a contradiction to the Comprehensive Plan or the Route 17 Corridor Master Plan. Ms. Walkup advised that Chairman Bradshaw was correct in his clarification in that staff would get to that once it gets to the layout and the discussion under the rezoning. Supervisor Clark moved that the application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 Supervisor Casteen 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. 11 Chairman Bradshaw called for the continuation of Citizens Comments. Elaine Butler, Hunt Club Road, voiced opposition to the Navy's flight pattern at the Franklin airport, noting a decrease in the quality of life due to noise and a decrease in the value of land purchased previously for development purposes. 15 Herb DeGroft, Mill Swamp Road, stressed the importance of fiscal conservatism and consolidation efforts between the County and the Schools. Joe Joyner expressed concern with the Navy's flight pattern at the Franklin Airport due to a decrease in the quality of life as a result of vibrations and noise. Jessica Collins of Orbit Road addressed the Board regarding the need for a new Windsor Middle School. Pete Twisdale of Walters addressed concern with the Navy's flight pattern at the Franklin Airport due to increased noise and safety issues. He advised that his health is threatened by the exhaust, fumes and dumping of the fuel. Darryl Butler, Hunt Club Road, voiced opposition with the Navy's flight pattern at the Franklin Airport because of safety concerns and the environmental impact to the Blackwater River. Kenneth M. Bunch, 10190 Old Myrtle Road, advised that he has resigned his position on the Isle of Wight County School Board and he entered his name for the vacant Board of Supervisors' seat for the Carrsville District. Thomas Finderson, Sugar Hill Road, requested the Board to ask for an exception to the total maximum daily load for the Chesapeake Bay. He further spoke in favor of building a new Windsor Middle School because of the anticipated increase in population in that area from the intermodal park. He suggested that the Board condition its approval of the school on the consolidation of services, to include legal services, public information, budget and finance, human resources and building and grounds maintenance. John Bryant, Walters Highway, spoke in opposition to the Navy's flight pattern due to increased noise and the potential hurt to the economics of the County drawing new businesses to that part of the County. Antoinette Basham of Smithfield requested that revised County maps be printed for distribution to the public. 11 Chairman Bradshaw moved that following a break, the item under the County Administrator's section pertaining to the Navy be moved to this point in 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. 16 Regarding the issue of the Navy using the Franklin Airport for touch and go exercises, Chairman Bradshaw advised that he had requested County Administrator Caskey to form a team consisting of Mr. Robertson, the Interim County Attorney, the Director of Economic Development, the Director of Planning and Zoning and the Chief of Emergency Services to review the Navy's proposal. He advised that the Navy has a vested right in that it retains use of the facility at any time and at no cost. He advised that he and Supervisor Wright had voiced their concern to the Navy in a meeting held in the County Administrator's conference room that the airfield is located in the County and that the County is responsible for the safety and protection of the citizens in the surrounding area. He stated that the Navy did advise that there would be a fly over and distributed a map depicting the flight path, but what occurred during the demonstration and what was depicted as the flight path were two (2) different things. He advised that the Navy has been advised that the County does not have adequately trained fire and rescue personnel to respond to an emergency. He stated that environmental concerns were also expressed to the Navy and he had inquired if the appropriate permits had been obtained with respect to exhaust fumes. He advised that the Navy advised that would be done in the environmental impact analysis. He advised that he had notified the Navy that the County has undergone an extensive study of the Business 58 corridor and that there are only two (2) parcels of land in that corridor that landowners are willing to develop. He advised that a citizens' meeting had been held at the Franklin Skating Rink to address any questions. He advised that the deeds revealed a reversion clause which stipulates that if the Town of Franklin does not allow the military to use the airfield, then the property will revert back to the military. He advised that the Franklin City Attorney's position is that the City of Franklin has absolute authority since it is property owned by the City of Franklin and that they were taking ownership of all fire, rescue and other services. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that staff has been in discussions with Navy officials on a regular basis. He stated that the Navy, in reviewing the previous demonstration, does feel that the demonstration was not as accurate as it could have been; therefore, another demonstration is to be held on December 16, 2010. He stated that staff continues to work with Navy officials to ensure that the County has a good understanding of what the Navy will be doing and any associated impacts. Chairman Bradshaw moved that the Board go on record in opposition of the Navy using the Franklin Airport as a touch and go exercise field and that staff be directed to prepare a resolution for approval by the Chairman that will be sent to the Navy, the City of Franklin and any other appropriate parties. The motion was adopted by a vote of (5 -0) with Supervisors 17 Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton presented a Resolution Authorizing the County Administrator to enter into an Agreement with the Western Tidewater Water Authority for the transfer of the Crittenden well and pipeline to the Western Tidewater Water Authority and to execute certain related documents for the Board's consideration. Supervisor Wright moved that the following Resolution be adopted: A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE WESTERN TIDEWATER WATER AUTHORITY FOR THE TRANSFER OF THE CRITTENDEN WELL AND PIPELINE TO THE WESTERN TIDEWATER WATER AUTHORITY AND TO EXECUTE CERTAIN RELATED DOCUMENTS WHEREAS, for the purpose of public benefit from the use of permitted ground water capacity in the Tidewater Region of the Commonwealth, the Western Tidewater Water Authority (the "Authority "), the City of Suffolk ( "Suffolk "), and the County of Isle of Wight ( "Isle of Wight ") entered into that certain Amended and Restated Agreement Among Western Tidewater Water Authority, the City of Suffolk, and the County of Isle of Wight, dated February 21, 2006 (the "2006 Agreement "), and that certain Western Tidewater Regional Water Agreement, dated September 29, 2009 (the "2009 Agreement "); and, WHEREAS, both the 2006 Agreement and the 2009 Agreement provide that, subject to capital cost payments by Suffolk and Isle of Wight, Suffolk shall design and construct a groundwater well and water transmission main for the transmission of raw water from the groundwater well to Suffolk's G. Robert House, Jr. Water Treatment Plan (together, the "Crittenden Well and Pipeline "); and, WHEREAS, the Crittenden Well and Pipeline are complete and all capital cost payments therefor are current; and, WHEREAS, the 2006 Agreement and the 2009 Agreement remain in full force and effect and provide for the transfer of the Crittenden Well and Pipeline to the Authority; and, WHEREAS, the Authority, Suffolk and Isle of Wight desire to complete the transfer for the Crittenden Well and Pipeline to the Authority. NOW, THEREFORE, BE IT RESOLVED, by the Isle of Wight County Board of Supervisors, that the County Administrator is hereby authorized to execute on behalf of Isle of Wight County a transfer agreement by and among the Authority, Suffolk and Isle of Wight for the purpose of transferring Suffolk's right, title and interest in and to the Crittenden Well and Pipeline, together with such other documents or instruments as may be necessary and appropriate to effectuate such transfer, including, but not limited to, a special warranty deed conveying the Crittenden Well to the Authority, a bill of sale conveying the pipeline and related personalty to the Authority, a Tax Status Maintenance Agreement and a utility easements assignment and assumption agreement assigning certain related pipeline easements to the Authority, such transfer agreement being attached hereto as Exhibit A. 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 requested that a copy of the financial report be provided to him detailing what is owned by the Authority. Interim County Attorney Burton presented a purchase agreement for the Sentara property in downtown Smithfield for the Board's consideration. Supervisor Clark moved that the County Attorney's office be authorized to approve the purchase agreement for the Sentara property in downtown Smithfield. 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 permission to advertise for public hearing An Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Chapter 14. Sewers and Sewage Disposal. Article XV. Use of Public Sewer System. Supervisor Wright moved that the County Attorney's office be authorized to advertise for public hearing at the Board's December 16, 2010 meeting an Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Chapter 14. Sewers and Sewage Disposal. Article XV. Use of Public Sewer System. 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 the Board members to review the Rules of Procedure and advise him of any changes prior to the Board's December 16, 2010 meeting. 19 Chairman Bradshaw moved that the Rules of Procedure be placed on the Board's December 16, 2010 agenda for 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. Interim County Attorney Burton presented a lease agreement between the County and Social Services for the Board's consideration. He advised that the State is requesting that the County terminate the lease agreement with Social Services as it is not in accordance with Federal guidelines. Supervisor Hall moved that the County Attorney's office be authorized to terminate the lease agreement between the County and the Department of Social Services. 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 fourteen (14) items to discuss with the Board later during the closed meeting. 11 Chairman Bradshaw called for the Community Development report. County Administrator Caskey advised that the issue of the Governor's Housing Award has already been covered earlier in the agenda. Chairman Bradshaw called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, presented a Resolution to Authorize the Submission of a FY2011 -12 Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Transportation for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE THE SUBMISSION OF A FY2011 -12 GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Board of Supervisors of Isle of Wight County has authorized submission of an FY2010 /11 application for funding from the Virginia Department of Transportation through the Transportation Enhancement Grant Program; and, 20 WHEREAS, the amount of grant funding as shall be determined and received from the Virginia Department of Transportation needs to be accepted and appropriated to the FY2011 /12 Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount as shall be determined and received from the Virginia Department of Transportation be appropriated to the appropriate line item in the FY2011/12 Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments 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. Mr. Furlo presented a Resolution to Endorse the Smithfield to Nike Park Enhancement Project for the Board's consideration. Chairman Bradshaw moved that the following Resolution be adopted: RESOLUTION TO ENDORSE THE SMITHFIELD TO NIKE PARK ENHANCEMENT PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the sponsoring local jurisdiction or state /federal agency in order that the Virginia Department of Transportation (VDOT) can establish an enhancement project in the County of Isle of Wight; NOW, THEREFORE, BE IT RESOLVED, that the County of Isle of Wight, requests the Commonwealth Transportation Board to establish a project for the improvement of the Smithfield to Nike Park Trail; BE IT FURTHER RESOLVED, that the County of Isle of Wight hereby agrees to provide a minimum twenty (20) percent of the total cost for planning and design, right of way, and construction of this project; 13E IT FURTHER RESOLVED, that the County of Isle of Wight hereby agrees to enter in to an agreement with VDOT to provide oversight that ensures the project is developed in accordance with all State and Federal requirements for design, right of way acquisition, and construction of a Federally funded transportation project; 21 BE IT FURTHER RESOLVED, that the County of Isle of Wight will be responsible for maintenance, upkeep and operating costs of any facility constructed with Enhancement Program funds; BE IT FURTHER RESOLVED, that if the County of Isle of Wight subsequently elects to cancel this project, the County of Isle of Wight hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date that VDOT is notified of such cancellation. The County of Isle of Wight also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway 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. 11 Chairman Bradshaw called for the General Services report. Frank Haltom, Department of General Services, advised that the consultant for the Fort Boykin's shoreline remediation project has advised that the amount of funding allocated by the Federal Emergency Management Agency is not adequate enough to complete the project. He advised that the consultant has submitted a new estimate which is approximately 109% more than currently funded for the project. He advised that an additional $26,000 needs to be allocated to this project in order to continue. Supervisor Hall moved that staff be directed to return with an appropriation resolution to address the allocation. 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. Haltom presented a County Enforcement Policy and Civil Charge Schedule for the Erosion and Sedimentation Control Ordinance for the Board's consideration. Supervisor Clark moved that the Enforcement Policy and Civil Charge Schedule for the Erosion and Sedimentation Control Ordinance be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for Board comments. 22 Supervisor Clark reported that Northern Development Service District Enhancement funds have been approved for certain signs located in a vacant building on Route 17. Chairman Bradshaw commented that it has been his pleasure to serve on the Board for the last seventeen (17) years. He noted that it has been difficult for him over the last few years to serving on the Board and work full time. He stated that there are many things that he can bring to the table as Chief Financial Officer for the Schools because he is a native and citizen of the County. 11 Chairman Bradshaw called for the Economic Development report. Lisa T. Perry, Director of Economic Development, on the issue of the closure of International Paper (IP), advised that the Executive Committee of the Recovery Task Force had met on November 2, 2010 and that staff had been informed that IP continues to perform their due diligence and continue to move forward with two (2) project finalists. She advised that IP is openly optimistic about the reuse opportunities and there will likely be multiple users, all largely from the renewable energy business sector. She advised that 85% of the plant winterization is complete and a dry fire suppression system is being installed to preserve the assets. She advised that staff continues to solicit feedback from training partners with respect to where the transition workforce is going. She stated that approximately 400 have been employed by over sixty (60) different agencies, of which 110 have been transferred to other IP operations. She advised that more than 100 individuals are involved in full -time training programs funded by the Trade Adjustment Act and seventy (70) are continuing their education at Paul D. Camp Community College; 30 at Tidewater Community College; and, the balance at other authorized training providers. She advised the WIA funding continues to underwrite training at the Franklin incubator and staff was told that the County could anticipate the State Institute of Excellence to provide funding for the start up of recruitment and training for companies locating on site. She advised that there are six (6) communities within Hampton Roads that offer E- Commerce grants, which vary in amounts from $500 to $2,500 per business. She advised that the County is one (1) of three (3) localities that has a sod improvement program which focuses on the County's Development Service Districts. She advised there are four (4) communities in the area that offer low- interest loan and loan guarantee programs and the loan sizes range from $10,000 to $50,000. She noted that Peninsula businesses do have access to a revolving loan fund, which loans between $20,000 and $200,000. Ms. Perry briefed the Board on the aspects of the proposed Small Business Incentive Program. She presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia Establishing the Economic 23 Development Incentive Policy for Small Business Development for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING THE ECONOMIC DEVELOMENT INCENTIVE POLICY FOR SMALL BUSINESS DEVELOPMENT WHEREAS, the closure of International Paper's Franklin Mill will result in a $6 million loss in tax revenue to the County, and over 2,500 jobs with area suppliers and local small businesses; and WHEREAS, the Isle of Wight County Board of Supervisors is concerned with the County's economic sustainability as a result of the global effects of the current economic recession, its impact on jobs, and the County's continued ability to generate revenue sufficient to maintain the current quality of life for existing and future residents; and WHEREAS, the Board recognizes the critical impact the Small Business Community makes with respect to the overall economic well being of the County and its importance to the continued attraction of visitors and new residents to our community; and WHEREAS, the Board's Small Business Committee cites small business incentives as one of most significant contributions the County can offer to promote and grow this important segment of our business community. NOW, THEREFORE, BE IT RESOLVED THAT in an effort to promote the overall welfare of the County and remain a strong economic development competitor within the Hampton Roads Region, the Board of Supervisors of Isle of Wight County hereby endorses the provision of funding incentives necessary to stimulate small business development in Isle of Wight County by establishing Isle of Wight County's Economic Development Incentive Policy for Small Businesses, as follows: I. Definition of a "small business" for the purpose of this incentive program The U.S. Small Business Administration establishes small business size standards on an industry -by- industry basis, but generally specifies a small business as having fewer than 500 employees for manufacturing businesses and less than $7 million in annual receipts for most nonmanufacturing businesses. For purposes of this incentive program, we will define a small business as an independently owned and operated business which has 20 or fewer employees and average annual gross receipts of less than $1 million. 24 II. Proposed Components of a Small Business Incentive Program* • Small Business Technology Grant The purpose of this grant is to promote economic competitiveness and expansion among our small business community by sponsoring effective e- Commerce strategies. This grant would underwrite a portion of the cost of new website design and development, as well as the enhancement of existing small business websites which could include transactional capabilities, search engine optimization, etc. A preferred vendor list could be developed in cooperation with local and regional vendors who would agree to offer: 1) An initial complimentary consultation to interested small businesses, and 2) On- site meetings at the place of business at no charge for travel. All participating web design vendors must have a current business license. ACTION — Offer dollar- for - dollar matching funds up to $750.00 to qualifying small businesses for the purpose of creating a website or improving an existing website. Initial funding for a similar program was pledged by Smithfield Foods recently through Vectec, in the amount of $2,000. Vec -tec is a non - profit eCommerce center partnered with the Virginia Industry Foundation. Its mission is to promote economic competitiveness and development by sponsoring, developing and implementing eCommerce activities for primarily small to medium sized businesses. Vectec currently provides web hosting and maintenance services for the Isle of Wight County website and could also be a qualified vendor for this program. An initial contribution of $7,500 from the County is requested to initiate this program. Our intent is to challenge the Chamber of Commerce to join the County in earmarking an additional $7,500 for the program. • Small Business Jobs Program Incent businesses for hiring new full -time equivalent (a minimum of 35 hours worked per week) employees. For each new hire that has worked a minimum of 90 days, the business will receive a $500.00 cash grant. Businesses must provide proof of employment prior to receiving grant. • Tax Exemption Programs Exemption for Certain Rehabilitated Commercial /Industrial Real Estate (County Code Chapter 15, Taxation, Article II, Real Estate Taxes) This program began in 1989 and is administered by the Commissioner of Revenue's Office (see Attachment A). Property owners who rehabilitate commercial /industrial structures that are at least 30 years old, thereby increasing the value by a certain percentage can apply for a partial real estate tax exemption for a period of five (5) years. Since its inception, only one commercial property has participated. The program has not been actively promoted among the Isle of Wight business community. 25 ACTION — Promote this program to qualifying property /business owners. No new funding needed. • Development Service District Corridor Grant Improvement Program This program began in 2007 to encourage property /business owners in the Newport DSD to improve their properties via a matching grant program for facade rehabilitation, signage, landscaping, etc. (see Attachment B). ACTION -- Continue promoting this program within the NDSD and expand it into the Camptown and the Windsor Development Service Districts. The NDSD Grant Program is currently funded at $35,175. The Southern Development Committee has approximately $16,981 to fund a CDSD program. Funding would be needed to establish a program in the WDSD; we recommend a contribution of $15,000 from the county to initiate this program. • Other incentives the Board may deem appropriate The Board may consider other economic development incentives as may be presented and deemed appropriate. • Sunset Provision This resolution shall expire on December 1, 2015 unless otherwise repealed on an earlier date by the Board of Supervisors. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented a Resolution to Purchase Sheriff's Building renovation furnishings for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO PURCHASE SHERIFF'S BUILDING RENOVATION FURNISHINGS WHEREAS, the bulk of the furnishings proposed for the Sheriff's Building Renovation will be purchased under State contracts. In addition, there is a small portion of furnishings and fixtures which must be purchased on the open market; and, WHEREAS, a competitive solicitation has resulted in apparent low bids for the open market items totaling $20,286. 26 NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County Administrator may award Purchase orders to the low bidders in this competition. 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 Authorize Change Order Number 6 to the Kenbridge Construction Company's Contract for the Construction of the Young -Laine Courts Building for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE CHANGE ORDER NUMBER 6 TO THE KENBRIDGE CONSTRUCTION COMPANY'S CONTRACT FOR THE CONSTRUCTION OF THE YOUNG -LAINE COURTS BUILDING WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") have entered into a contract with Kenbridge Construction Company for construction of the Young -Laine Courts building; and WHEREAS, Powell Management the Project Manager and Mosley Architects the design architect have presented change order number 6 to the construction contract with Kenbridge; and WHEREAS, the approval of Change Order Number 6 will result in a net contract increase of $48,142 and a 60 day contract extension; and WHEREAS, Change Order Number 6 has been reviewed by and recommended for approval by both Mosley Architects and Powell Management. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County Administrator is authorized to approve Change Order Number 6 resulting in an increase to the total contract costs in the amount of forty eight thousand one hundred forty two dollars ($48,142.00) and a sixty (60) day contract extension. 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 Non - Departmental Contingency Account for Financial 27 Compensation for the Executive Director of Human Resources for the Board's consideration. Chairman Bradshaw moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE NON - DEPARTMENTAL CONTINGENCY ACCOUNT FOR FINANCIAL COMPENSATION FOR THE EXECUTIVE DIRECTOR OF HUMAN RES OURCES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved financial compensation for additional duties as required for human resources shared duties between Isle of Wight County Schools and Isle of Wight County; and, WHEREAS, funds in the amount of nineteen thousand, forty -eight dollars and forty -nine cents ($19,048.49) to be appropriated from the General Fund Non - Departmental Contingency Account of the FY 2010 -11 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that funds in the amount of nineteen thousand, forty -eight dollars and forty -nine cents ($19,048.49) come from the FY 2010 -11 General Operating Budget Non - Departmental Contingency Account BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight County is authorized to make the appropriate accounting adjustments 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. Diane Jones, Emergency Communications Center Manager, requested permission to hire one (1) full -time dispatcher in the Emergency Communications Center. Supervisor Casteen moved that the hiring of one (1) full -time dispatcher be approved to fill the remaining vacant position in the Emergency Communications Center. 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 Appointments. 28 Supervisor Casteen moved that Sterling White be reappointed to serve on the Beautification Committee, representing the Smithfield District. 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 Ron Spivey be reappointed to the Board of Zoning Appeals representing the Smithfield District. 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 Lars Gordan be reappointed to represent the Smithfield District on the Development Review 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. Chairman Bradshaw moved that Don Rosie be appointed to represent the Carrsville District on the Development Review 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 Leah Dempsey be appointed to represent the Newport District on the Development Review Committee. 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 James O'Briant, III be appointed to represent the Windsor District on the Development Review 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 Hall moved that James Brown, Jr. be appointed to represent the Hardy District on the Development Review 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. Chairman Bradshaw called for Old Business. Mr. Robertson presented a service agreement with Granicus, Inc. for the Board's consideration. He stated in front of the Board is a revised proposal which now provides service where the County would pay upfront the installation cost and a monthly recurring cost would be waived. Supervisor Hall moved that the Board authorize execution of the agreement with Granicus, Inc. 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 offered to bring back an appropriate resolution allocating the funding for the service with Granicus, Inc. Mr. Robertson advised that the Board, at its regular meeting on February 18, 2010, directed staff to bring a detailed report to the Board explaining the acquisition and maintenance process for United States Geological Survey (USGS) streamflow monitors for the Blackwater River. He advised that staff was directed to obtain Southampton County's and the City of Franklin's position; and, that staff contact Congressman Forbes' office to advise him about the extravagant maintenance fee that is being requested by USGS on an annual basis. He stated that in March 2010, staff requested and received a one -year extension of the USGS grant for acquisition and installation of a streamflow gauge. He stated that the USGS is requesting that the County enter into a joint funding agreement that will require the County to pay approximately $11,000 annually for maintenance of a streamflow gauge located at Route 620 on the Blackwater River. He stated that USGS will invoice the County for its portion of the maintenance near the end of the fiscal year beginning with its pro rata portion of the current fiscal year. He stated that the installation costs were covered by a FEMA grant secured by the City of Franklin and funding from USGS. He stated that staff had discussed the costs and requested assistance from Congressman Forbes' office. His staff advised that all requests for earmarks were being eliminated from the federal budget. He stated that Southampton County is not participating in the operation of a streamflow monitor along the Blackwater River. Chairman Bradshaw moved that the issue be reverted back to the Chief of Emergency Management for follow up and a report brought back to 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. Responsive to action of the Board, at its September 2, 2010 meeting, staff's request was deferred to fill three (3) vacant Skating Rink attendant positions. Chairman Bradshaw requested an opportunity to meet with staff to determine the viability of the operation of the skating rink. Staff has met with Chairman Bradshaw to discuss the viability of the operation of the skating rink. The skating rink financially under performs in the months 30 September through December. Staff believes the skating rink can continue to operate at no loss for the months of January through August. Providing the Board is agreeable, staff will look into alternative uses for the property that are compatible with operating a skating rink. Chairman Bradshaw moved that the Department of Parks and Recreation be authorized to hire three (3) Skating Rink attendants. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for New Business. Supervisor Clark moved that a representative of the Hampton Roads Transportation Planning Organization attend a Board meeting in the near future to present an impact analysis of the economic and demographic effects of tolling and the public private partnership ramifications regarding Route 460 as it pertains to Isle of Wight County. 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 Hampton Roads Planning District Commission and VACo staff perform an analysis of the impact of the total maximum daily load requirements proposed by the Department of Environmental Quality on the County. 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 County staff be directed to contact the Schools with regard to the new Windsor Middle School, to include the schedule, engineering and planning so that the Board has an idea of what to do with the budget. The motion was adopted by a vote of (4 -0 -1) with Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining. 1/ Chairman Bradshaw moved that the meeting time be extended past 11:00 p.m. 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/ Supervisor Clark requested that the two (2) items that were discussed in closed meeting at the Smithfield Intergovernmental Relations Committee be added to the closed meeting. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act for consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Walter's Convenience Center; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the cable franchise agreement; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Redistricting Committee for the 2010 Census; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Carrollton Volunteer Fire Department; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the emergency services system for Isle of Wight County; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Line of Duty Act; pursuant to Section 2.2- 3711.A.6 for discussion or consideration of the investment 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.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Memorandum of Understanding with the Town of Windsor; pursuant to Section 2.2- 3711.A.1 for discussion of two (2) personnel matters pertaining to specific public officials; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to potential litigation in the Carrollton District; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to potential litigation; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to a boundary line adjustment in the Newport District; and, pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to a contract with the Town of Smithfield. Supervisor Clark 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 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, 32 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 Supervisor Wright moved that staff be directed to proceed with contract negotiations for the Cannon Acres water system as discussed in the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that staff be directed to set up a meeting with C &P Water, to include himself and Supervisor Clark. 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 Chairman be authorized to sign a Memorandum of Understanding with the Town of Windsor with respect to boundary adjustments for the purchase of land. The motion was adopted by a 33 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 IT position be filled as discussed in the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Interim County Attorney be directed to hire outside legal counsel with regard to redistricting as discussed in the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Interim County Attorney be directed to hire outside legal counsel to assist in a partition suit as discussed in the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that the County Administrator be directed to look into the 911 positions as they relate to IT and bring a report back to 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. Chairman Bradshaw moved that the Board rescind the previous motion involving the Eagle Harbor application. 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 that the Board approve the application as presented by Eagle Harbor tonight and accept what was presented by staff with respect to the proffer application. The motion was adopted by a vote of (3 -2) with Supervisors Bradshaw, Clark and Wright voting in favor of the motion and Supervisors Casteen and Hall voting against the motion. Chairman Bradshaw moved that the Director of Emergency Services be directed to proceed with rescue services as discussed in the closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw moved that Herb DeGroft be removed from the Redistricting Committee due to a potential conflict because he is an elected official. 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. 34 Chairman Bradshaw moved that the Redistricting Committee be expanded and three (3) members at -large be added to the 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 Thomas Finderson be appointed as an at- large member on the Redistricting 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. Chairman Bradshaw officially resigned from the Board effective November 18, 2010 at 11:52 p.m. Supervisor Clark moved to appoint Kenneth Bunch to fill the Carrsville District seat vacated by Phillip A. Bradshaw until a special election is held in November 2011. The motion was adopted by a vote of (3 -1) with Supervisors Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Supervisor Casteen commented that he feels that the appropriate allegiance to the Carrsville residents, the Board must open it up and invite letters of interest and go through a more transparent procedure with respect to the filling of the Carrsville District representative on the Board. Supervisor Clark moved to appoint Supervisor Wright as Chairman of the Board. The motion was adopted by a vote of (3 -0 -1) with Supervisors Casteen, Clark and Hall voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright abstaining from voting. Supervisor Hall moved to appoint Supervisor Casteen as Vice - Chairman. The motion was defeated by a vote of (2 -2) with Supervisors Casteen and Hall voting in favor of the motion and Supervisors Clark and Wright voting against the motion. At 12:00 p.m., Supervisor Clark moved that the Board adjourn its meeting. The motion was adopted by a vote of (4 -0) with Supervisors Clark, Casteen, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. (a(1 1 c Care I1lls St Ym Clerk y , 35