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07-18-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: JoAnn W. Hall, Chairman, Hardy District Byron B. Bailey, Newport District Rex W. Alphin, Carrsville District Delores M. Darden, Windsor District Alan E. Casteen, Smithfield District Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk CALL TO ORDER/INVOCATION /PLEDGE OF ALLEGIANCE At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor Alphin offered the invocation and the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA County Attorney Popovich requested the following items be added to the agenda: Under the County Attorney's report, add a request for authorization for a public hearing for a real property lease agreement with the Isle of Wight Hunt Club; add a request for authorization for a public hearing for a real property lease agreement with the Mill Swamp Hunt Club; add a request for authorization for a public hearing to convey County property to the Town of Smithfield for the ball field complex; and, add five (5) closed meeting items; under the Parks and Recreation report, add consideration of a staffing request for a Parks and Grounds Attendant position; under the General Services report, add an update on the recent fuel spill at the Windsor Fire Station; under Old Business, add follow -up discussion regarding compensation for the Assistant Commonwealth Attorneys. Supervisor Alphin moved that the agenda be adopted, as revised. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS /APPEARANCE The Board viewed a video of cats currently awaiting adoption at the shelter. A cat, also available for adoption, was shown to the public. Carol McCormack, President and CEO of the United Way of South Hampton Roads and Win Winslow thanked the Board for its past financial support and advised that County employees have raised over $12,000 this year and $160,000 over the last ten (10) years. A resolution of appreciation was presented to Edwin P. "Eddie" Wrightson on the occasion of his retirement as Director of General Services Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION OF APPRECIATION FOR EDWIN P. "EDDIE "WRIGHTSON On The Occasion Of His Retirement As Director of General Services WHEREAS, Mr. Edwin P. "Eddie" Wrightson began his employment with the County of Isle of Wight, Virginia as Director of General Services in July 2008; and, WHEREAS, Mr. Wrightson is a highly valued and respected staff member whose talents will be greatly missed; and, WHEREAS, Mr. Wrightson administered the construction of the new Young - Laine Courts Building, which was awarded the County's first USGBC LEED - Silver Certification, the County's first Design/Build Contract for the new Isle of Wight Animal Shelter, and the construction and outfitting of the new Smithfield Volunteer Fire Station; and, WHEREAS, Mr. Wrightson managed the General Services Department in a manner that produced significant cost savings and efficiencies that have benefited and improved the quality of life of the citizens of Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Edwin P. "Eddie" Wrightson, Director of General Services, for outstanding achievement and distinguished service to the citizens of Isle of Wight County. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Eddie Wrightson its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this eighteenth day of July 2013. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Local Emergency Management Performance Grant Award FY2013 -14 0j, Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Emergency Management for the LEMPG Program B. PEG Capital Fee Resolution to Classify PEG Capital Fee Funds as Restricted C. Skating Rink FY 2013 -14 Operating Budget D. Virginia Litter Prevention and Recycling Grant Application Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Environmental Quality for the Virginia Litter Prevention and Recycling Grant E. Litter Pick Up F. Fiscal Year 2012 -13 Monthly Financial Reports — June 2013 G. Statement of Treasurer's Accountability H. Delinquent Real Estate Tax Collection Monthly Report Supervisor Alphin moved that the Consent Agenda be adopted, as presented. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Darden reported that the Hampton Roads Planning District Commission has conducted a regional sewer system asset consolidation study and that surrounding localities will be asked if they wish to join in a regional wastewater service. She stated in order for this to be effected, a majority of localities must agree to participate. Supervisor Darden reported that the Hampton Roads Transportation Planning Organization has hired a financial firm with respect to funding transportation in Hampton Roads. She noted that past priority projects may not now be a priority. Supervisor Darden commented a significant number of military and retired military people reside in the County and she recognized Craig Quigley for his superior leadership on the Hampton Roads Military Federal Facilities Alliance. 3 Supervisor Bailey stated the Western Tidewater Regional Jail Authority has determined that it will be too expensive to build a juvenile detention facility. He also advised that the kitchen renovation is now complete and the Authority received routine reports. Supervisor Darden reported that the Western Tidewater Water Authority discussed how it would handle the $400,000 true up due to the County from last year. Reporting on the Regional Solid Waste Committee, Supervisor Alphin reported that SPSA has a waste -to- energy plant, but the County's waste does not go there. Supervisor Alphin reported that the Isle of Wight County and the Town of Windsor Planning Commissions met jointly to discuss establishing a committee of the IOWC Board of Supervisors, the Town of Windsor Planning Commission, the Windsor Town Mayor and other staff to address issues of fire /rescue, water and sewer and the long -term impact of transportation. TRANSPORTATION MATTERS Jamie Oliver, Transportation Planner, responsive to the Board's direction at its May meeting, briefed the Board on VDOT's findings relative to a safety review of pedestrian use on Omera Drive which have revealed that there are no critical safety issues and is recommending no action at this time. Correspondence from Jackie and Harvey Saunders was distributed by Supervisor Darden noting their concerns about the bike trail on Nike Park Road Responsive to Mr. Hostettler's concerns, Chairman Hall requested County Attorney Popovich to meet with the Director of Planning and Zoning and the County's Transportation Planner to discuss what can be done to address those concerns. CITIZENS COMMENTS Albert Burckard recommended that Fort Boykin be developed as a recreational park and that a Fort Boykin Development Committee be created to develop a long -range plan. Julia Winslett requested Supervisor Bailey to resign his seat as a Board member due to recent comments made by him which were considered disrespectful and offensive to her. Michele Joyce commented on Supervisor Bailey's recent comments which she considered offensive and disrespectful and recommended that policies which govern Board members be reviewed. n Pinky Hipp and Florine Moore requested reconsideration of a seven (7) member district plan for the County. (See Board Comments) BOARD COMMENTS: Chairman Hall is to send out recommended dates in August for the Board's consideration of a special work session on redistricting. COUNTY ATTORNEY REPORT County Attorney Popovich presented a request by the Eagle Harbor Homeowners Association to restrict parking on the public right -of -way. He stated that VDOT has questioned the County's authority to regulate parking in subdivisions and is requesting clarification from the Attorney General's office and that information has yet to be provided and he would suggest that this matter be postponed an additional month until a response is received from the Attorney General's office. County Attorney Popovich presented A Non - binding Resolution of Isle of Wight County Concerning Solid Waste Collection and Disposal after January 241 2018 for the Board's consideration. Supervisor Alphin moved that the following Resolution be adopted: A NON - BINDING RESOLUTION OF ISLE OF WIGHT COUNTY CONCERNING SOLID WASTE COLLECTION AND DISPOSAL AFTER JANUARY 24, 2018 WHEREAS, the Isle of Wight County, Virginia (the "County ") is a member of the Southeastern Public Service Authority ( "SPSA ") which was created by concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (the "Localities ") in 1976; and, WHEREAS, between 1983 and 1984, the Localities entered into individual Use and Support Agreements with SPSA, providing, among other things, that each member jurisdiction would deliver substantially all of the disposable solid waste generated or collected by or within or under the control of the Localities to SPSA; and, WHEREAS, all of the Use and Support Agreements will expire on January 24, 2018; and, WHEREAS, over the course of SPSA's existence significant debt was incurred that resulted in severe financial hardship requiring the increase of tipping fees to unprecedented levels beginning in early 2009; and, WHEREAS, in an effort to resolve its financial issues, SPSA refinanced its bond obligations and sold assets to reduce debt with the goal of eliminating all SPSA debt by the date of expiration of the current use and Support Agreements; and, WHEREAS, in anticipation of the expiration of the Use and Support Agreements, the Chief Administrative Officers of the member Localities of SPSA directed a technical committee to be established in order to review and address numerous policy and operational issues (the "Committee "); and, WHEREAS, the County supports the on -going work of the Committee and is also currently considering a number of alternatives to provide municipal solid waste collection and disposal services to citizens of the County in a cost effective manner and in compliance with all applicable laws and regulations governing the same (the "Alternatives "); now, therefore, BE IT RESOLVED BY THE BOARD OF SUPERVISORS that the Board of Supervisors recognizes the continued participation as a member of SPSA on terms and conditions acceptable to the County and in the best interests of County residents should be one of the Alternatives to be examined by the County, and the County Administrator and other County staff are directed to participate in the Committee and Committee negotiations with the goal of evaluating such continued participation in SPSA as an Alternative, taking into account all issues they consider to be in the best interests of the County. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a request to purchase County -owned property located at the end of Bradby Lane along the James River. Supervisor Casteen moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's August 22, 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a request for a tax refund in the amount of $9,628.45 to Accelerated properties LLC. Supervisor Alphin moved that the County Attorney be authorized to sign the request approving the refund. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised the Board regarding the Supreme Court's ruling on the Koontz v. St. Johns River Water Management District case. 6 County Attorney Popovich advised the Board regarding the Supreme Court's decision on the Shelby v. Holder case which ruled that no locality is now required to go through the preclearance process under Section 5 and he has requested the outside Attorney employed for the County's matter to cease any further action at this time on behalf of the County. County Attorney Popovich presented a request for authorization for a public hearing for a real property lease agreement with the Isle of Wight Hunt Club. Supervisor Casteen moved that the County Attorney's office be authorized to advertise a public hearing at the Board's August 22, 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a request for authorization for a public hearing for a real property lease agreement with the Mill Swamp Hunt Club. Supervisor Darden moved that the County Attorney's office be authorized to advertise a public hearing at the Board's August 22, 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a request for authorization for a public hearing to convey County property to the Town of Smithfield for the ball field complex. Supervisor Darden moved that the County Attorney's office be authorized to advertise a public hearing at the Board's August 22, 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. PARKS AND RECREATION REPORT Mark W. Furlo, Director of Parks and Recreation, briefed the Board regarding damage which occurred to the house located at Fort Boykin as a result of a fire on March 20, 2013. Direction with respect to whether or not the Board wished to rebuild the structure was requested and maintenance of the home, the County's legal obligation, shoreline erosion and the insurance settlement and a projected budgetary impact was discussed. Chairman Hall moved that the structure be torn down and any insurance money be earmarked for future improvements. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 7 A Resolution to Amend the FY2013 -14 Parks and Recreation Operating Budget for the Board's consideration was presented by Mr. Furlo. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2013 -2014 PARKS AND RECREATION OPERATING BUDGET WHEREAS, during the preparation of the FY 2013 -2014 Budget, the Board of Supervisors requested staff move $10,000 from the vehicle replacement line item of the Parks and Recreation Operating Budget into the Special Events Line item for the Fourth of July fireworks; and, WHEREAS, staff was unable to find used vehicles to meet the needs of the Department within the constraints of the adopted budget; and, WHEREAS, funding in the amount of $10,000 needs to be added to the Parks and Recreation Vehicle Replacement line item from the FY 2013 -2014 Operating Budget non - departmental contingency account. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that funding in the amount of $10,000 to be added to the Parks and Recreation FY2013 -2014 Vehicle Replacement line item from the FY 2013 -2014 Operating Budget non - departmental contingency account. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Responsive to Mr. Furlo's request for a Parks and Ground Attendant position, Chairman Hall moved that the 90 -day holding period be waived for Parks and Grounds Attendant positions for the months of March through September. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. GENERAL SERVICES REPORT Eddie P. Wrightson, Director of General Services, requested authorization to expend FY2014 Capital funds for an HVAC system upgrades for the Social Services building, pending approval of the Capital Budget. E6 Supervisor Casteen moved that pending Board approval of the Capital Budget, the expenditure be authorized of FY2014 Capital funds for Phase 1 of the upgrade to the Social Services HVAC system and, subject to the review and approval of the County Attorney, the County Administrator be authorized to execute all contracts necessary to complete the project. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. A Resolution to Reappropriate Hurricane Irene Insurance Reimbursement to the Nike Park Pier Replacement Capital Project for FY2013 -14 was presented by Frank A. Haltom, Assistant Director of General Services. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO RE- APPROPRIATE HURRICANE IRENE INSURANCE REIMBURSEMENT TO THE NIKE PARK PIER REPLACEMENT CAPITAL PROJECT FOR FY 2013 -2014 WHEREAS, the County has received insurance reimbursement of eleven thousand one hundred twenty -one dollars and sixty -six cents ($11,121.66); and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that eleven thousand one hundred twenty -one dollars and sixty -six cents ($11,121.66) in insurance reimbursement be re- appropriated to the Nike Park Pier Replacement Project for FY 2013 -2014. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be hereby authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. A Resolution to Appropriate Available (Unexpended) Funds for the Nike Park Pier Replacement Project for FY2013 -14 was presented for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE AVAILABLE (UNEXPENDED) FUNDS FOR THE NIKE PARK PIER REPLACEMENT PROJECT FOR FY 2014 -2014 9 WHEREAS, the County has previously re- appropriated $33,000 to complete the Nike Park Pier Replacement Project and $194.50 has been expended as of June 30, 2013; and, WHEREAS, there is an available (unexpended) budget of $32,805.50 to complete the project. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that $32,805.50 of available (unexpended) FY 2012 -2013 Nike Park Pier Capital Project Fund, be appropriated to complete the Pier Replacement Project as part of the County's FY 2013 -2014 Capital Project. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be hereby authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. A Resolution to Appropriate Available (Unexpended) Funds for the Design and Construction of Sidewalks in the Town of Windsor for FY2013 -14 was presented for consideration by Mr. Haltom. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE AVAILABLE (UNEXPENDED) FUNDS FOR THE DESIGN AND CONSTRUCTION OF SIDEWALKS IN THE TOWN OF WINDSOR FOR FY 2013 -2014 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, is participating in the Highway Safety Improvement Program (HSIP) grant program; and, WHEREAS, the County has been awarded HSIP grant funds totaling eight hundred seventy -five thousand dollars ($875,000) for the design and construction of a sidewalk along N. Court Street and Courthouse Highway in the Town of Windsor; and, WHEREAS, the County has agreed to manage and execute this project as a locally administered project, which is anticipated to go to construction advertisement within the next thirty (30) days; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that $715,000.00 of available (unexpended) FY 2012 -2013 Capital Project Fund, be appropriated to WE complete construction of the Windsor Sidewalk as a part of the County's FY 2013 -2014 Capital Project. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, or his designee, be hereby authorized to proceed with hiring necessary and appropriate professional and construction services in furtherance of the execution and completion of this project in accordance with the Virginia Public Procurement Act and County Policy and is authorized to execute any and all necessary agreements and contracts for such services upon review and approval of the County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson presented a request from St. Lukes Church to purchase County property where the old sewer treatment plant which served Queen Anne's Court for the Board's consideration. Supervisor Darden moved that staff be authorized to advertise a public hearing for the Board's August 22, 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson presented a request to acquire the W. B. Owen water systems for the Board's consideration. Supervisor Bailey moved to authorize the payment of $11,000 for the Lake Shores and Green Meadows private water systems. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Haltom presented a Resolution to Appropriate Available (Unexpended) Funds for the Bethel Heights Waterline Improvement Project for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE AVAILABLE (UNEXPENDED) FUNDS FOR THE BETHEL HEIGHTS WATERLINE IMPROVEMENT PROJECT FOR FY 2013 -2014 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has previously appropriated $200,000 to complete the Bethel Waterline Improvement Replacement Project; and, WHEREAS, $12,772.55 has been expended /committed as of June 30, 2013, leaving an available (unexpended) budget of $187,227.45 to complete the project; and, WHEREAS, the remaining funding needs to be appropriated to complete the project as a FY2013 -14 capital project. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that unexpended funding in the amount of $187,227.45 from the FY2012 -13 Bethel Waterline Improvement Project Fund be appropriated to complete the project as part of the County's FY 2013 -2014 capital projects. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be hereby authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey further moved that the low bid from Bryant's Excavation, Inc. for the Bethel Heights Waterline Improvements be accepted. Pending review by the County Attorney, the Chairman is authorized to execute the standard County Invitation for Bids Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Haltom advised that the Department of Environmental Quality has approved a one (1) year extension of the adoption of the Stormwater Management Program. Mr. Haltom requested authorization to hire a part-time standby truck driver for refuse collection. Supervisor Casteen moved that the Human Resources Department be authorized to advertise and fill one (1) part-time standby truck driver for refuse collection. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Haltom requested authorization to hire a Maintenance Worker I position and waive the 90 -day waiting period. 12 Supervisor Darden moved that the 90 -day waiting period be waived and the Human Resources Department be authorized to advertise and fill the vacant position. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Haltom briefed the Board regarding the recent diesel fuel spill at the Windsor Volunteer Fire Station as a result of a failed galvanized line. H Chairman Hall declared a break until 7:00 p.m., at which time the meeting was called back to order. H PUBLIC HEARINGS Sandy Robinson, County Planner, presented the following application to the Board: A. The application of the Annie S. Crocker Estate for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional Rural Residential (C -RR) of 2.64 acres of land located at 13061 Modest Neck Road (Rt. 625), north of Raynor Road (Rt. 681) and south of Green Level Road (Rt. 623) in the Carrsville Election District. The purpose of the application is for one (1) single - family residential lot, as conditioned. Chairman Hall called citizens to speak in favor of or in opposition to the application. William Riddick, the applicant's attorney, advised that the Crocker family has owned this farm since 1875. He requested the Board waive the proffer in the amount of $11,189 because it is an existing residence that is being proposed for repairs and not a new lot being created. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. B. The application of Breeden Investment Properties, Inc., applicant and Eagle Harbor, L.L.C., owner, for a change in zoning classification from Conditional General Commercial (C -GC) to Conditional Planned Development Residential (C -PD -R) of approximately 15.80 acres of 13 land located on the west side of Carrollton Boulevard (Route 17) and to amend the conditions dated November 18, 1998, in the Newport Election District. The request is to allow for multi - family residential development on approximately 15.80 acres of land and to amend conditions of the 1998 rezoning approval to increase the aggregate total of residential units to allow for the development of Tract 8 for up to 208 multi - family units and to modify the Schedule of Phased Highway Road Improvements. Matthew Smolnik, Assistant Director of Planning and Zoning, represented the application. He advised that he placed letters in support of the application at the Board's seats from Pet Paradise Animal Clinic, Eagle Harbor and Motion Physical Therapy and Mr. Tom Pruitt, as well as a letter in opposition from Ms. Arden Reed, noting that they had been omitted from the agenda. Tim Faltner, Chief Operating Officer, Breeden Company, provided an explanation of the Breeden Company's approach to this project which is to improve the community, maintain the surrounding home values and that of the surrounding shopping center and to support small business owners. He stated that the apartments would be built first and are intended to spur activity on the purchase of the commercial lots. He stated he envisions that following a year after the construction of the apartments, activity on the commercial outparcels would begin. Chairman Hall called citizens to speak in favor of or in opposition to the application. Susan Montgomery, 22336 Graystone Drive, requested the Board to deny the application or vote to continue the application until the Board can thoroughly review the information presented to the Board tonight in its agenda. She requested that should the Board move forward, she would request that the changes requested tonight become written proffers. She voiced concern with the effect on the surrounding neighbors, the quality of life and the safety of children and an increase in noise levels, impact on traffic and they are requesting that the commercial project be built first. She requested a proffer be offered to install the traffic signal at the intersection of Route 17 and a traffic control signal study completed. Wants a six to eight foot boarder fence built around the neighborhood and move the buffer stone to 50 feet and increase the setback to 100 feet; move the location of the bmp to the northgate side and build a berm; identify the companies that will occupy the space and that Breeden Company be required to include a full cash proffer for each commercial and residential space built. Annette Thurman, 22336 Graystone Drive, requested the Board to deny the application unless the Breeden Company can alter its site plan and proffer in writing the alternate solutions outlined in the agenda on Page 4. She proposed that there be no access onto Northgate Drive and that there be an 14 access road that would be parallel to Smith's Neck Road at the proposed apartment complex with an entry and exit point at the Davis Drug Store. Dennis Gustress, 22361 Moss Creek Circle, stated that the current intersection at Northgate is very dangerous and Graystone and Northgate were not originally designed as high - traffic roads. He stated increased traffic will cause more people to not use the businesses located at the Shoppes at Eagle Harbor. Maurice Autra, 22297 Northgate Drive, recommended that the businesses be built before the apartments. He asked that the Board enact the sunset clause that if it is not built by the year 2015, it be returned to its original zoning. Kurt Likey, 13413 Timberidge Court, stated that he purchased his home because it was in a walkable neighborhood. He stated that this development is built upon the concept that it will bring in additional commercial development and Phase 2 was intended to do the same, but did not, so why does anyone believe that Phase 3 will do anything different than Phase 2. Major Dr. Jonathan Mayer, 13354 Windsong Way, cited safety concerns with increased traffic and requested the Board to deny the application unless it follows the recommendations of his fellow homeowners. Arden Reed, 301 Blue Heron Trail, commented on the large number of apartments located on Route 17 and she requested the Board proceed with caution on this application. Doyle Agnu, 1505 Broadwater Arch, spoke in opposition to increased traffic and in favor of the recommended changes to the proffers. Rhonda Dawson, 704 Marshelder Trail, spoke in opposition to the increased traffic which will present safety issues for walkers in the community which will also diminish the quality of life. She stated that there has been a large amount of turnover with existing businesses and she does not believe additional commercial businesses can be supported. She recommended the Board continue the matter and consider the changes being proposed with the proffers. She stated that there is an increase in crime and there seems to be a correlation with the Eagle Harbor apartments. Mario Manfrey, 13128 Lighthouse Lane, expressed concern with the ten -year old traffic study and the fiscal impacts to the County as a whole. He expressed concern with the potential for increased crime. Susan Pleasants, representing Wheeler interests, the developer of the shops at Eagle Harbor and the ownership entity for that property, stated that the rooftops come first and the development comes after as the shops need the rooftops to be able to stay in business. 15 Mark Edwards, 105 Mariners Court, spoke in favor of the rezoning stating it is a good plan for many reasons and many of the concerns expressed tonight have been addressed by the developer. He stated that the real estate market is recovering following a seven year recession and the demand is now there to support a smaller commercial development. Dan Agnu, 1505 Broadwater Arch, encouraged the Board to deny the proposal, as recommended by the Planning Commission. Eric Robinson, 13349 Windsong Way, stated that all of the concerns have not been addressed by the developer. He stated before the Board approves the application, all things promised should be included in the proffers. John Lent, 13405 Riverburch Trail, stated there needs to be a balance for developing the area and the impact to the quality of life of the current residents. He cited concerns with additional traffic, safety of children, loss of natural surroundings and the potential for increased crime in the area. He requested the Board to make an informed decision on this application and, if the decision is made to rezone the property, that the developer and the County make a concerted effort to mitigate the impacts addressing the berm area and the requirements for an access road to Northgate Drive and that the requirements be in writing as part of the proffer process. Dean Vincent, 605 Gatling Pointe Parkway, stated the reason why a signal at Northgate Drive is not proposed is because VDOT's combination of warrants have not been met. Lori Manfrey, 13128 Lighthouse Lane, requested that the Board defer action on the application at this time in order to further review the Fiscal Impact Study and the proposed proffer amendments. Chairman Hall closed the public hearing and called for comments from the Board. The Board discussed that the Planning Commission has not had an opportunity to review the developer's modified Fiscal Impact Study and staff look at the traffic concerns to determine if there is anything can be worked out; staff has not had an opportunity to review the additional proffer conditions suggested by the homeowners. Supervisor Bailey moved that the matter be returned to the Planning Commission for further study. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. A break was declared by the Chairman and upon the Board returning to open session, Chairman Hall requested the Board's consideration of setting a joint 16 work session between the Board and the Planning Commission on the Breeden application with respect to the issue of transportation. Supervisor Bailey moved that his previous motion on the Breeden Investment Properties, Inc. application be reconsidered. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that staff be directed to set up a work session with the Board of Supervisors, staff, VDOT and the applicant to further discuss the transportation issues relative to the Breeden application. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. C. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 4. Buildings. Article III. Inspections. Section 4 -8. Construction, Repair or Alteration of Buildings or Structures. Chairman Hall called citizens to speak in favor of or in opposition to the application. Arthur E. Berkley, Director of Inspections, advised that the amendment increases the existing permit fee from $50 to $75 and brings other fees in line with the permit fee. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 4. BUILDINGS. ARTICLE III. INSPECTIONS. SECTION 4 -8. CONSTRUCTION, REPAIR OR ALTERATION OF BUILDINGS OR STRUCTURES. WHEREAS, the Isle of Wight County Board of Supervisors approved the operational budget at its meeting on May 16, 2013 and an amendment to Chapter 4. Buildings. Article III. Inspections to modify certain fees associated with buildings was proposed therein; and WHEREAS, the Isle of Wight County Board of Supervisors now deems it necessary and appropriate to revise such fees as part of its current efforts to balance the local budget. 17 NOW THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 4. Buildings. Article III. Inspections. Section 4 -8. Construction, repair or alteration of buildings or structures. is hereby amended and reenacted as follows: Sec. 4 -8. Construction, repair or alteration of buildings or structures. (a) Minimum permit fee. The minimum building permit fee shall be seventy -five dollars ($75.00). (b) Reinspection /Prepermit fee. The reinspection/prepermit fee shall be one hundred twenty -five dollars ($125.00). (c) Special Inspection fee. The special inspection fee shall be seventy -five dollars ($75.00). (d) Basic permit fee. (1) Usable area under roof, per building or structure (includes all new construction, finished or unfinished): For the construction of any building or addition thereto where floor area is increased, the fee shall be based on the floor area to be constructed, as computed from exterior building dimensions at each floor. a. All buildings of minimum construction types, for the first forty thousand (40,000) square feet and under, sixteen cents ($0.16) per square foot; b. All buildings over forty thousand (40,000) square feet, twelve cents ($0.12) per square foot. (2) All structures not under roof, sixteen cents per square foot of area or a minimum permit fee of seventy -five dollars ($75.00), whichever is greater. (e) Demolition permit fee. The demolition permit fee shall be seventy -five dollars ($75.00). (f) Moving structures permit fee. The permit fee for moving structures of any kind shall be seventy -five dollars ($75.00). (g) Industrialized building �permit fee. The industrialized building permit fee shall be the same as the basic permit fee in subsection (c)(1) of this Section (excluding mobile homes). IN (h) Modular construction permit fee. The modular construction permit fee shall be same as the basic fee in subsection (c)(1) of this section. (i) Mobile home permit fees. The mobile home and other mobile units permit fee shall be seventy -five dollars ($75.00) each. 0) Sign permit fees. Sign permit fees shall be seventy -five dollars ($75.00) per sign. (k) Tents and other temporary structures permit fee. The permit fee for tents and other temporary structures shall be seventy -five dollars ($75.00) each. (1) Chimneys, fireplaces, etc. The permit fee for chimneys, fireplaces, wood and coal stoves and other solid fuel burning heaters shall be seventy -five dollars ($75.00). (NOTE: Fireplaces, heaters and chimneys shall be included in new construction permit fees only if so noted at the time of issuing the permit.) (m) Alterations to create finished space. The fee for alterations to shell buildings, unfinished tenant spaces, garages and attics to create finished space shall be twelve cents ($0.12) per square foot. (n) Other structures. The fee for all other structures as defined in the Basic Building Code not included in the above fee schedule are as follows: (1) Piers -- $75.00; (2) Pools: a. Inground -- $125.00, b. Above ground -- $75.00. (3) Retaining wall as defined in the Building Code -- $75.00; (4) Towers -- $75.00. (o) Permit reissuance fee. Permits becoming invalid as specified by the Code may be reissued up to a period of five years and charged a fee of one hundred dollars ($100.00) for the first six months and seventy -five dollars ($75.00) for each additional six months. A request for such reissuance shall be in writing and submitted prior to the permit becoming invalid. (p) Plans examination. 19 (1) The fee for plans examination, other than residential and accessory structures, shall be two hundred fifty dollars ($250.00). (2) A fee of one hundred fifty dollars ($150.00) shall be charged for the reviewing of residential plans. (q) Appeals. For each appeal to the Building Code board of appeals, the fee shall be one hundred fifty dollars ($150.00). (1- 10 -74, §A; 5 -3 -79; 6- 16 -88; 12- 16 -04; 4- 21 -05; 7- 18 -13.) For state law as to authority of county to levy permit Fees, see Code of Va., § 36 -105. NOW THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that this amendment and reeneactment of Chapter 4, Buildings, Article III, Inspections shall be effective as of July 1, 2013. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT A Resolution to Adopt, Authorize and Appropriate Capital Budget Funds was presented by Michael W. Terry, Director of Budget and Finance, for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted in the amended amount of $8,994,779: RESOLUTION TO ADOPT, AUTHORIZE AND APPROPRIATE CAPITAL BUDGET FUNDS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has adopted its Capital Improvements Plan; and, WHEREAS, funds for these capital improvements and other projects have been secured by the Board of Supervisors via bond issuance to ensure completion of these projects; and, WHEREAS, the Board of Supervisors deems it necessary to adopt a Capital Budget for FY2013 -14 and to authorize and appropriate such funds for those projects identified in said Capital Budget. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors adopts the FY2013 -14 Capital Budget in the amount of $8,994,779 and does 20 hereby authorize and appropriate such funds from bond issuance proceeds for those projects identified in said Capital Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Regarding the issue of grant funding for a School Resource Officer, Supervisor Darden moved that the County not accept the grant funding for the SRO. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. The Board received a presentation from Jimmy Sanderson, Davenport and Company, relative to recent refunding opportunities and refinancing of the County's existing debt. He noted that he would return at a later date to discuss the need for updated guidelines for issuing debt going forward. The Board was advised of the County's award of a GFOA Certificate of Achievement by Michael W. Terry, the County's Director of Budget and Finance. APPOINTMENTS Chairman Hall moved that Lynn Jones be reappointed to serve on the Paul D. Camp Community College Board. The motion was adopted by a vote of (5- 0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. OLD BUSINESS Regarding the issue of proposed three percent (3 %) State - funded salary increases for Constitutional Officers and Compensation Board funded permanent staff positions, Donald T. Robertson, Director of Information Resources and Legislative Affairs, distributed updated information and advised that the Treasurer and the Commissioner of the Revenue, due to the Memorandums of Understanding with the County, are also non - discretionary as it relates to the increase. He stated it is staff's recommendation that all Constitutional Officers salaries be adjusted. Supervisor Casteen moved that increases be provided to all of the Constitutional Officers, effective August 1, 2013. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 21 Regarding a request for compensation for two (2) Deputy Assistant Commonwealth Attorneys, Supervisor Casteen moved to authorize the request salary increases effective July 1, 2013 in the amount of $3308 each. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. The Board chose not to move forward with an increase for permanent staff noting that they had already received a 5% salary adjustment. NEW BUSINESS No new business was offered for discussion by the Board. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Code of Virginia concerning consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation related to a code enforcement violation and the Berm's Grant development and under Section 2.2- 3711.A.1 concerning three (3) personnel matters. Supervisor Darden moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen 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- 3712.1) 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 22 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. V OTF. AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action taken following the closed meeting. H At 10:30 p.m., Chairman Hall declared the meeting adjourned. �'CnWLVI - Carey Alls Storm, Clerk 23 6� ' e6z)�e'A:- Byron B. Bailey, Chairman