04-21-2005 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF APRIL. IN THE
YEAR TWO THOUSAND AND FIVE
PRESENT: ' Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice-Chairman-
Henry H. Bradby
Richard K. MacManus (Arrived at 6:20 p.m.)
Stan D. Clark
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Operations.
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Se~~~ard, Assistant. County Administrator
Administration
Carey Mills Storm, Recording Secretary
Chairman Bradshaw called the meeting to order at 6:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for approval of the agenda.
County Attorney Stroman requested that the following amendments be
made to the agenda: Pull Item (D) from the Consent Agenda for additional
information; add an Item (N) to the Consent Agenda concerning the
scheduling of a Public Hearing on.May 5, 2005 for a Special Entertainment
Permit for the 4`" Annual Shrimp :Feast of the Carrsville Fire Department;
under the County Attorney's report, add an item pertaining to an update on a
zoning litigation matter; under, Old Business, add an Item (B), a report on
convenience centers; add an Item 12, Closed Meeting, to discuss two (2)
matters for legal advice, and two (2) matters for legal advice and. personnel
issues.
Supervisor Clark requested that Items (D), (E), (F) and (K) be pulled
from the Consent Agenda.
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Supervisor Wright moved that. the Board approve the agenda, as
amended with the removal of Items (E), (F) and (K) from the Consent
Agenda. The motion was adopted by a .vote of (4-0) with Supervisors
Bradby, Bradshaw, Clark and Wright voting° in .favor of the motion; no
Supervisors voting against the motion; and, Supervisor MacManus absent for
the vote.
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Chairman Bradshaw called for Special Presentations.
Supervisor Clark presented Jerianne C. Gardner with a framed
Resolution of Appreciation Upon the Approval of Ragged Island Creek as an.
Exceptional State. Waterway, which was officially adopted by the Board at its
meeting on March 17, 2005.
Mr. Winston D. Phillips, Rail Passenger Project Engineer, Department
of Rail and- Public Transportation, briefed the Board on the status of the
Richmond/Hampton Roads- Passenger Rail Study, and the alternative routes
under consideration.
Supervisor MacManus arrived at the meeting.
Supervisor Clark requested that Mr. Phillips provide the Board with a
complete copy of his slide presentation. He informed Mr. Phillips that the
proposed James River Bridge alignment is the least preferred route of .those
under consideration.
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Chairman Bradshaw .indicated .the .Consent Agenda included the
following items:
A. Memorial Tree Plantings in Honor of Dr. Hager and Mr. Edwards
B. Resolution to Accept and Appropriate $1,875 from- the
Commonwealth of Virginia, .Department of :Agriculture and
Consumer Services
C. Resolution to Authorize the Solicitation of Proposals for .Non-
Professional Services for a~ Rehabilitation Specialist
D. Real Estate Inventory
E. PEG Channel .Video Broadcast Options
F. Position of Grants Coordinator
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G. Annual Training Schedule
H. Working Hours/Public Utilities Operations and Maintenance
Staff
L Quarterly Update of Action Steps
J. The application of Archer L, Jones, II for approval of a Water
Quality Impact Assessment pursuant to .Section 5004 of the
Chesapeake Bay Preservation Area Ordinance to construct a
thirty (30) foot by sixty (60) foot cottage at 14571 Burwells Bay
Road.
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Subdivision Plat of Eagle Harbor, Tract 1, Phases 3, 4, and 5,
property of Eagle Harbor LLC, Carrollton Boulevard (Route 17),
Newport Magisterial District..
Delinquent Real Estate •Tax Collection Monthly Report
M. March 17, 2005 Regular Meeting Minutes
N. Schedule Public Hearing on May 5, -2005 for a Special
Entertainment Permit. for the 4`'' Annual Shrimp Feast of .the.
Carrsville Fire Department.
Chairman Bradshaw asked if there were any items for removal.
Supervisor Clark moved the Board adopt the Consent Agenda with the
removal of Items (D), (E), (F) and (K). The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
With respect to Item (D), Real Estate Inventory, County Attorney
Stroman distributed copies of an appraisal in the amount of $T10,000 which
was completed on property located in the Ennisdale Subdivision and was
requested by Habitat for .Humanity. for donation to that organization.
Supervisor MacManus advised the Board that the Smithfield Town
Council was not aware of Habitat for Humanity°s plans for construction on
homes in that area. He stated that he had encouraged the Council to speak
with representatives of Habitat for Humanity, and that it advise the Board
when it makes a decision on where it would prefer to have the homes built.
With respect to Item (E), PEG Channel Video Broadcast Options, Lyle
D. Hornbaker, Information Services Coordinator, advised that the cost for
videotaping a Board meeting would be between $700 and. $1,000. He .further
advised that to have commercials or pre-produced videos shown on the PEG
channel would cost approximately $1,200 per month.
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Supervisor Clark moved the Board direct the Information Services
Coordinator to report on the- PEG Channel Options at the Board's .May 5,
2005 meeting, to include an audio visual. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
With respect. to Item (F), Position of Grants Coordinator, Assistant
County Administrator Seward advised Supervisor Clark that the .Grants
Coordinator position would come under her~immediate supervision versus the
direction of the County Administrator.
With respect to Item (K), Subdivision Plat of Eagle Harbor, Tract 1,
Phases 3, 4, and 5, property of Eagle Harbor LLC, Carrollton Boulevard
(Route 17), Newport Magisterial District, Supervisor Clark moved the Board
continue the matter until the Board's May 19, 2005 meeting, and direct staff
to notify the developer. that the Board requests his presence at that meeting to
discuss Reynolds Drive. The motion was .adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board approve Items (D) and (F).
The motion was adopted by a vote of (4-0) with Supervisors MacManus,
Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors
voting against the motion; and Supervisor Clark absent. for the vote.
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Chairman Bradshaw called for Transportation Matters.
Sandon Rogers, Transportation Planner, advised that the General
Assembly has. approved an amendment to the Fiscal Year 2005-2006
Revenue Sharing Program and .will allow the .County to participate with an
increased contribution and receive increased matching VDOT funds.
Supervisor MacManus moved that the Board increase its participation
amount from $500,000 to $1,000,000, .and. direct staff to take the funds .from
the Unappropriated Fund Balance. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
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Mr. Rogers presented for the Board's` information a list of VDOT
responses to action items from the various Board meetings through the month
of March, 2005.
Supervisor MaeManus inquired about the status of the bidding process
for Four Square Road.
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Mr. Rogers noted his recommendation is that VDOT proceed with
accepting the bid, even though it exceeds the seven percent (7%) overage of
the cost estimate for the project.
Supervisor MacManus inquired about the status of the restriction. of
through truck traffic in the Camptown community.
Mr. Rogers offered to provide a flow chart outlining the process .and
where VDOT currently is in relation to that process.
Supervisor MacManus inquired about the status of the emergency
lights for the Town of Windsor, and the cost sharing formula proposed to
VDOT.
Mr. Rogers offered to share additional information received from
VDOT, to include a cost benefit analysis of a rigid system versus a temporary
system. He advised that the Town of Windsor is willing to participate in the
cost; however, VDOT is opposed to the installation of the light on a
temporary system..
Chairman Bradshaw offered to provide Mr. Rogers the name of a
contact person that could advise him how to go about acquiring Federal
Transportation Funds.
Supervisor. Bradby inquired if staff knew yet what the impact would be
to the County because of Suffolk's decision to take aver the maintenance and
construction of its roadways.
Mr. Rogers responded it is too early yet to make any statements relative
to what the 'impact will be on the County.
.Chairman Bradshaw recalled that the Board had previously taken
action to request that staff provide the Board with a report illustrating what
the impact would be to the County once official action was taken by the City
of Suffolk.
Mr. Rogers advised that the VDOT Suffolk Residency had not yet been
officially advised of the action taken by the City of Suffolk to take over
maintenance of its roadways. He stated the VDOT quarterly meeting is
.scheduled for 1:00 pm. on Tuesday, April 26, 2005 in the Boykin's Tavern
Conference Room, and he invited the Board to attend.
Chairman Bradshaw inquired about the status of Duck Town Road, and
whether or not the contractor has received a notice to proceed.
Mr. Rogers advised that the contractor has not yet received a notice to
proceed. He noted that it generally takes sixty (60) days from the notice of
award.
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Chairman Bradshaw ..instructed County Administrator Caskey to
provide Mr. Rogers with the transportation concerns expressed by citizens at
the Town Meeting that was held at the Rushmere Volunteer Fire Station on
Wednesday, April 13, 2005.
Mr. Rogers reminded the. Board that the Jamestown/Scotland Ferry tour.
is scheduled for Thursday, April 28, 2005 at 9:30 a.m. on the Surry side of
the James River.
Chairman Bradshaw called for citizens to express their transportation
concerns.
Teresa Johnson of Carrollton notified the Board that since the closure
'~, of the Kings Highway Bridge in Suffolk. traffic has begun to back up at the
~~ stop light at Bartlett onto Route 17 north.. She. recommended Ghat a longer
left-turn lane .and longer arrow would allow motorists to proceed through the
'~ intersection in a timely fashion.
County Administrator Caskey recommended that staff relay Ms.
Johnson's concerns to the VDOT District Administrator at the upcoming
quarterly meeting on Tuesday, April 26, 2005. #
Supervisor MacManus pointed out that the. Board had previously
requested VDOT to .address the u-turns being made at the Benns Church
intersection, as well as the u-turns being made at .the James River Christian
Academy.. He stated VDOT is spending too much time studying issues, and
that accidents could occur due to VDOT's delay.
Chairman Bradshaw requested that Mr. Rogers be prepared to address
his list of County concerns at the VDOT quarterly meeting next week..
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At 7;00 p.m., Supervisor Wright moved the Board amend the regular
order of the agenda in order to conduct the advertised public hearings. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradsha~;~, Clark and Wright voting in .favor. of the motion, and no
Supervisors `-oting against the motion.
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Chairman Bradshaw called for a public hearing on the following:
Assistant County Administrator Seward, presented the proposed
FY2005-06 General Operating and Capital Budget in the.. amount of
$T~,443,509. She noted that the balanced budget requires no adjustment to
the current tax rates, and it represents a 12% increase over the current fiscal
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year in the amount of approximately. $8.2 million, of which $6.3 million
would go to the School division. She stated that the County is below average
in the areas of public safety, judicial administration, health and welfare, parks
and recreation, public works and community development. She stated. the
County is above the average for education, committing approximately $.70 of
each $1.00, compared to the state's average of 55%. She advised that the
major areas. of increases in the proposed budget are for the school system,
which has increased by 13%. ~ She advised that local fund commitments have.. '
increased by $4.2 million, of which $3.6 million is needed to meet operating
needs; $600,000 is for capital; $2.1 million is for state and federal funds to
support education; for a total of a $6.3 million increase to the school division,
of the $7.1 million requested. She .rioted capital projects have increased by
$860,OOQ; there is an increase- in pass-through .funds by approximately
$500,000; there are additional personnel needs of the County. in the amount
of $360,000 which are growth related due to new homes in the northern end
of the County; there is an increase in the SPSA tipping fees of approximately
$330,000; .there is an increase in property assessments of approximately
$200,000; there is a proposed salary increase far County employees included
at 3.5% or approximately $200,000; there is a part-time pay and classification
included to bring in part-time personnel into the County's Pay and
Classification Plan in the approximate amount of $170,000; and, $100,000 is
included for economic development.. planning strategies. She advised with
respect to school. funding, the current funding commitment is approximately
$19 million. She recalled that the Board had approved an operating
carryover of $600,000 .during the fiscal year. She stated that the opening of
the new Smithfield Middle School, to include operating and debt service, is
approximately $2.4 million. She stated an .additional $600,000 has been
provided for various initiatives desired by the School Board.,.for the next
fiscal year, and an additional $630,000 to meet the .school division's' capital.
request for FY06. She stated. the above represents . a proposed FY06 funding
up by 19% to $22.7 million. She stated state and federal funding has
increased by approximately 8%, for a total of $29 million, for a total school
operating budget, which has increased by approximately 13%, for a total of
$5.1.7 million. She stated the trend in ..student population illustrates level
growth in student population of less than 1 % per year for the past nine (9j
years, and a projection for the coming fiscal year of .69%. She stated the
County is above the cost per pupil when .compared to the communities of
Gloucester County, York County, Dinwiddie County, Prince George County
.and the City of Suffolk.. She stated that the. County is equal in the cost per
pupil. with the City of Chesapeake, and below the Cities of Norfolk, Newport .
News, Virginia.Beach, Hampton and Portsmouth.
County Attorney Stroman advised that pursuant to Virginia law, the
Board of Supervisors must allow seven (7j days after the. public hearing
before it can adopt its Budget, but no later than the Board's May 5; 2005
meeting. He advised .that the Board could either make a lump-sum
appropriation to the School Board or make an appropriation by category. He
noted that under the Rules of Procedure adopted by the Board, each speaker
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will be allotted up to three (3) minutes to speak, and that the public hearing
has been properly advertised.
Chairman. Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed FY05-06 General Operating and Capital Budget.
.Herb DeGroft, 15395 Mill Swamp Road, Hardy District, stated that the
proposed School Board budget does not place an emphasis on education and
academics, and that it could operate. on the $22.7 million recommended if it
would cut out all unnecessary expenditures.
.Pat Clark,. Twin .Hill Lane, Carrollton, requested that the_Board not
approve the School Board's budget as proposed..He stated that while he does
support increased pay for teachers, their aids. and special education, there are
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areas in the budget, such as administration, that can. be reduced that will not
affect classroom instruction. He stated that County finances must be shared
more equitably, as there are other areas of need in the County that are not
being met. He distributed a handout to the Board calling. attention to a major
segment of the County's population, the senior population, which has more
than tripled compared to :the student population, and .yet County funds
available to help these seniors is very limited.
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Sadie Boyer of the Newport District. noted that the proposed $52.6
million dollar School budget is a $6,5 million dollar increase over the
previous year. She stated new federal and state regulations are often cited as
reasons for the large increases; however, there are only three (3) areas .that
are identified in the budget, amounting to $534,000, that are needed to cover
these federal and state regulations for next .fiscal year.. She stated the
proposed budget includes a request for sixty-nine (69) additional full-time
positions, yet the County's population remains steady. She stated in the past
two (2} years, the School budget has increased $9.8 .million dollars, and she
suggested that perhaps the Board should ask not what is wrong with our
schools, but what is wrong with the management..
Sharon Hart of the. Newport District noted support of a reduction in .the
School Board's .appropriation. She: stated many citizens have voiced
concerns that the School Board has not been a wise steward of the 70% they
have been receiving in past years. She :recommended that the School Board
consider reducing some of its administrative salaries
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Ed Snow of Carrollton stated that the funds` being requested by the
School Board will not be used on students, but rather on hiring office
personnel who do not have any direct involvement with the students. He
stated the newspapers recently reported. that a member of the School Board
stated that the Board of Supervisors would be the one accountable if the
School Board's .budget is not funded in full.. He stated that the County. is
growing and needs .funding for fire, .rescue, .police and .other services. He
stated the- School Board lacks accountability and competency in spending its.
funds.
Joel Acree of Carrollton stated that while he .also has .concerns with
School Board administration, he must put those concerns aside and focus on
his five (5) year old son who has special. needs. He requested the. Board to
fully fund the School Board's budget so that additional teaching aids and
assistants can be hired.
Nicki Armstrong, Vice-Chairman of the Special Education Advisory
Committee, acknowledged her son's special education teacher and therapist
at Carrollton Elementary School, noting that his vocabulary has increased to
120 words and that he could now make complete sentences. She spoke in
favor of the special education children being included in classes with non-
. disabled peers, and additional special education teachers and aids. She
requested that the. Board .fully fund the .School Board's budget, and keep
education a priority in the County.
Shannon Hardison, a teacher at Carrsville Elementary School, spoke in
favor of the School Board's proposed budget.. She stated money spent onthe
instruction of children is not wasted. She noted students should benefit from
an education in the County, not be penalized by it.
Corey Hernandez of fhe Hardy District voiced support of the Board
fully funding the School .Board's proposed .budget. - He stated partially
funding the School budget will severely hinder the. tremendous progress
made by the County over the past twenty (20) years.. He spoke in favor of
providing salary increases for the teachers, some. of whom are the best and
brightest in the area: He noted that past funding commitments by the County
have contributed to the increased :academic performance of students, who are
leaving our schools better prepared for the world. He expressed his concern
with the lack of communication and cooperation between the Board of
Supervisors and the. School Board. He stated this is not the time to make
political statements because the only losers will be the teachers and the
students. He encouraged the Board to continue- its commitment to education
and fully fund the School Board budget.
Dr. Morgan .Wilson, teacher at Carrollton Elementary School, inquired
what the actual percentage is that is funded by the County that comes from
the taxable income of the citizens, and not from state, federal or other venues.
He stated he does not agree with all of the proposed expenditures of the
School Board; however, if the budget is not approved,. the County will be
losing individuals that are necessary to the quality of education for the
students.
Dixon Morrow of Walters stated while under-achiever students can
benefit by inclusion in upper-level classes. The County should -not overlook
the gifted students. He stated extra-motivational education must be available
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for over-achiever. students in the future. He stated .both .groups of students
should have equal opportunity to gain and give knowledge. He recommended
more "pull out" time for gifted students, noting this increased focus could
produce large results.
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Ernest Godwin of Carrollton spoke in favor of the Board fully funding
the. School Board's budget.. He requested that the Board, if it does reduce the
School Board's budget,. do so on the administrative side of the budget instead
of the classroom.
John Catron, Director of Social Services, stated the proposed Social
Services .Budget is an estimate. of the funds necessary. to operate social
service and public assistance programs. He stated the budget is an accurate
and realistic. forecast, and takes into account past experiences, changes. in the
various programs administered, case loads, the number of recipients received,
and the average payments per recipient that are. paid out. He advised .that
auxiliary grants require a 20% local match, and the Department of Social
Services anticipates serving thirty-four (34) individuals-this year. He farther
advised that there is a 100% increase in the General Relief Program expected
this year. He stated a large number of services. are also .purchased for Social
Services. clients, which require a 10% to 20% local match. He thanked the
Board for its past support of the companion services program, which allows
the elderly to remain in their homes. He stated the largest part of the Social
Services budget is for the administration of programs, and the Department of
Social Services contains a staff of thirty-nine (39) employees. He stated.
services to clients in the County has increased. more than 2S% in the .last two
(2) years, with no increase in the administration for services.
He stated a ,five percent (S%) increase ~s recommended ,for Social
Services staff, effective July 1, 2005, which is inclusive of a 4.4% pay
increase authorized by the General'Assembly, effective December 1, 2005.
He stated the Social Services Board recently approved a Pay and
Classification Study for. the Social Services Department in order to address a
pay discrepancy with surrounding Social Service departments. He stated
there has been a 23% turnover in the Social Services Department in the last
several months, of which one-half cited salary as a reason for leaving. He
stated the County's Social Services Department is at or near the bottom for
salaries in the Hampton Roads area, and.. the study is anticipated to be
completed by mid-June, 2005. He stated any recommended changes. in the
pay scale .will require .additional state and local funding over what is
represented in this. budget.
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He advised that the Safe and Stable Families Program requires a $2,000
local match from the County; the Foster and Adoptive Parent Training
Program requires a $41,250 match from the County; and, the. there is an
Independent Living Grant Program which assists foster children age 1 S and
over with the skills needed to become independent .adults.. He stated the
Board previously approved $15,000 for a local emergency assistance fund,..
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which assisted thirty-nine (39) families with emergency needs last year, but
by the end of May, 2005, all of these funds are expected to be expended. He
requested .the Board .approve the Social Services proposed budget in the
amount of $861,991.
Kim Pugh, representing the Board of Directors on the Isle of Wight
Arts League, noted .that the .League .has been previously funded by
membership and grants from various organizations,. to include $5,000. from
the Town of Smithfield. She stated with County funding, the League would
be entitled to receive a matching grant throu6h the Virginia Commission for
the Arts. She stated that the Smithfield Cultural Arts Center is a multi-
cultured contributor; the Center is open and free to the public; and, the Center
offers art camps. She distributed copies of visitor counts for 2004=05 for the
Board's review, which reflects an 18% increase in the number of visitors, and
a 69% increase in visitors to date.
Demetrios Peratsakis, birector of Western Tidewater .Community
Services Board, addressed the Board concerning his budget request of
$149,570, which, if funded, will allow that department to continue to provide
approximately $2.5 million dollars of service support to 500 individuals with
severe disability needs and several hundred with acute psychiatric and
medical needs.
Michael Uzzell of Central Hill. Road addressed his concern with the
school administration. He requested that the Board review the administrative
side of the budget, and provide the necessary funding for teachers to receive a
raise.
Nancy Guill of Rescue requested that- the Board fund some of the
County staff positions that have been put on hold in the past, and that are
critically needed, particularly within the Planning and Zoning Department.
stated that she believes the Board has beeri fiscally responsible; however,
does not have that same trust in the School division. She requested that
Board. not approve the School Board's budget as presented.
Elizabeth Ward stated that the Endependence Center is the independent
ing center that serves the County and provides independent living services
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Arthur E. Berkle~~, Director of Inspections, addressed the Board on his
deparmlent's proposed budget. He stated his original request pro~-ided for
the upgrading of a Code and Compliance Inspector position, `ti~hich vas
previously approved as a Chief Inspector position, as ~;yell as for the addition
of an Administrative Assistant. He stated that not upgrading the Inspector
position would not significantly impact the current level of customer service,
as he intends to fill the position that was previously approved; however,
failure to fund the Administrative Assistant position will result in significant
changes which might impact the level of customer service currently being
provided.
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to people with all types of disabilities and of all ages. to help them reach their
goals and help them live independently.: She- stated more than half the
individuals with disabilities are below the poverty level, and 70% remain
unemployed.: She advised that the Center is requesting. $5,000 this year from
the County, and. it is requesting funds from each of the .other cities and
counties in the Western Tidewater area. She stated the Center's goal is to set
up a satellite office in the County, which would substantially increase the
amount of County residents that could receive independent living services.
Bill Hayes of Battery Park stated ,that while he understands that funds
need to be appropriated for special needs, he believes that the School Board
needs to be held accountable for its spending, and he believes the.
administrative side of the budget warrants careful review.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
County Attorney Stroman advised that pursuant to state law, the Board
must wait. seven (7) days after holding the public hearing before adopting the
budget.. He further advised .that the .Board is also required to make its
appropriation to the School Board. no later than May S, .2005. He stated the
Board may appropriate by lump sum funding or funding by categories. He
stated if it is .the Board's desire to appropriate funds by categories, it must
give that direction to staff tonight so that this information can be ,compiled
and returned to the Board by its May S, 2005 meeting.
Chairman Bradshaw stated as a result of the Board being approached
last year by a citizens group requesting funding for. individuals experiencing
emergencies be included in the budget,. the Board appropriated $15,000 in
January, 2005 for emergency assistance.. He reiterated that the Director of
Social Services has advised that he $15,000 will be depleted. by the end of
May, 2005.
Mr. Catron noted that the $15,000 did not include any monies for
administration of the funds, and the program has increased the caseload for
the Services Intake Worker. He stated any increase in funding would only
compound the load on this. employee. He stated that the $15,000 was not
included in his original budget request, but it has since been included. in his
most recent budget request that was submitted to Ms. Seward in the past .few
days.
Chairman Bradshaw stated the Companion Program is initially funded
by the County, and funding is later received through grant programs. He
advised that the Social Services Department returns any grant funds received
for this program to the County, and that in past years this amount has been
approximately $90,000. He stated that he has requested the Social Services
Board to review the Companion Program and advise Ms: Seward in the Fall
on how these needs can be addressed. He noted there'is a long waiting list,
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but the alternative is to move seniors and those in need into nursing facilities
or health care facilities, which in turn, escalates the cost to the County.
Mr. Catron advised that there are currently twenty-five (25) individuals
on the Companion Program waiting list.
Chairman Bradshaw addressed the issue of Social Services staff
turnover; noting it is a direct result of that department having the lowest pay
scale in the surrounding area. He reiterated that the Social Services
Department will be undertaking a Pay and Classification Study.
Mr. Catron advised that exit interviews are conducted, with
approximately 50% of the turnover being related to individuals applying for
the same types of positions in other localities at a higher rate of pay.
Supervisor Clark moved the Board table the matter until the Board's ~
May 5,.2005 meeting, and direct staff to place the following items "on the
side" for funding consideration by the Board: How much would it cost for
the County to provide an additional 1/2% increase to staff's raises; PEG
Channel aptions; the request of Planning and Zoning for additional
personnel; Treasurer; Commissioner of .Revenue; Emergency
Communications Board; Social Services.. ($12,500, to include another
$15,000, but keep them separate); funding request from the Director of
Inspections for an additional position; to include a "trigger" for the next
. position in that department; funding of $11,000 for libraries (for discussion
purposes only); Isle of Wight Arts League (with 100% match. up to $5,000);
Endependence Center; and Western Tidewater Community Services Board.
-The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Br
adb
Brad
y, shave; Clark and Wright voting. in favor of the motion, and rho
Supervisors voting against the motion.
Chairman Bradshaw. requested that Demetrios Peratsakis make. a brief
presentation to the Board about the services provided by the Western
Tidewater Community Services Board.
Chairman Bradshaw called for a public hearing on the following:
An Ordinance to Amend Chapter 4, Buildings, Article III, Inspections,
Division 2. Fees When Building. Permit Required, Section 4-8,
Construction, Repair or Alteration of Buildings or Structures
Mr. Berkley advised that the. proposed ordinance brings back into
alignment the fees associated with construction, repair or .alteration of <r~
buildings and structures that somehow got out of line when other fees were
increased.
County Attorney Stroman advised that ..the matter was properly
advertised for public hearing.
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Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed Ordinance.
No one appeared.
Chairman Bradshaw closed the public hearing and called for. comments
from the Board.
Supervisor Clark moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND CHAPTER 4. BUILDINGS,
ARTICLE III. INSPECTIONS, DIVLSION 2. -FEES WHEN BUILDING
PERMIT REQUIRED, SECTION 4-8. CONSTRUCTION, REPAIR OR
ALTERATION OF BUILDINGS OR STRUCTURES
WHEREAS, the Isle of Wight County Board of Supervisors recently
amended its Building Code to increase inspection fees and permit. fees to
more closely approximate the cost of providing these. services; and
WHEREAS, the Isle of Wight County Board of Supervisors recognizes
that the recent amendment to the basic permit fee far structures not under
roof resulted in an unreasonably high fee; and.
WHEREAS, .the Isle of Wight County Board of Supervisors deems it
appropriate to correct this problem.
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 4. Buildings, Article III. Inspections,
Division 2. Fees When Building Permit Required, Section 4.8. Construction
Repair or Alteration of Buildings or Structures be amended as follows:
ARTICLE III. INSPECTIONS
Division 2 Fees When Building Permit Required.
Sec 4 8 Construction, repair or alteration of buildings or structures.
2. .All structures not under roof, $.10 per square foot of area or a
minimum permit fee of $30.00, whichever is greater.
Thus Ordinance shall be effective upon adoption.
The motion was adopted by a vote. of (4-0) with Supervisors Bradby,
Bradshaw, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion, and Supervisor MacManus absent. for the vote...
Chairman Bradshaw called for a public hearing on the following:.....
14
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BOOK 2JrA~~ 0 U
The application of Moody. H. Gardner, Jr., et al for. a Conditional Use
Permit to allow an existing mobile home. to remain on approximately
110 acres of land at 5104 Gardner Lane as a .rental residence for. a part-
time employee. The property is located in Carrsville, in the Carrsville
Election District.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the application.
Gayle G. Allen, applicant, requested that the Board accept the
recommendation of the Planning Commission and approve her application.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark moved the Board approve the application, as
conditioned. The motion was adopted by a vote of (4-0) with .Supervisors
Bradby, Bradshaw,. Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor MacManus absent for
the vote.
Chairman Bradshaw called for a public hearing on the following:
The application of Bessie L. Ke11y for a Conditional Use. Permit. to
allow asingle-wide mobile home to be occupied by her son, Jerry S.
Gower, Jr. and his family, on 14.6436 acres of land at 34237 Jenkins
Mill Road, Franklin, in the Carrsville Election District.
Chairman Bradshaw called for .persons to speak in .favor of, or in
opposition to, the application.
Bessie L.' Kelly requested that the Board approve the application. She
stated with respect to a concern expressed about the devaluation of property
due to the location of a mobile home, and that it might become a rental unit,
she has applied under Section 3743.D.1 which allows .the .trailer to be
occupied by a family member only. She stated if that changes, the trailer will
have to be removed.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark moved the Board approve the application,. as
conditioned with a three (3) year limitation. The motion was adopted by a
.vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark- and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
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Chairman Bradshaw called for a public hearing on the following:
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The application of VA Timberline, LLC,. owner, to amend .the proffered
conditions of the rezoning of Lawnes Point on the James, to extend for
a period of one (1) year the time for compliance by the .developer to
convey a deed. of easement to the County, applicable to approximately
1,556 acres. of land zoned Conditional Rural Residential (C-RR). The
property is located off the north side of Tyler's Beach Road (Route
686), and .off the north .side of Fort Huger Drive (Route. 676) in the
Hardy Election District.
Mr..Hartley stated staff is supportive of .the application, and the
Planning Commission recommended unanimously that theBoard approve the
application.
Chairman.. Bradshaw called for persons to speak in favor of, or in
opposition to, the .application.
s
William Riddick, Attorney, requested the .Board .approve the
application.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Bradby moved the Board approve the application. The
motion was adopted by a vote of (5-0}with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
The application of Smithfield Downs, LLC, Gerald E. La$oone,.Gloria
C. LaBoone and HHJV, LLC for a change in zoning classification from
Rural. Agricultural Conservation (RAC) to Planned Development
Mixed-Use (PD-MX) and a .Special Use Permit for a Traditional
Neighborhood Development (TND) of 128+ acres of land. Said
properties are located on the north side of Brewer's Neck Boulevard
(Route 258) and east of Benns Church Boulevard (Route. 10) in the
Newport Election District.
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Mr. Hartley stated the Planning Commission zeeommended denial of
the application to the. Board atits last meeting, but since that time, staff has
worked. with the developer to address some of the issues discussed. at the
Planning Commission meeting, as well as some additional issues .that were.
not addressed. He stated one concern is the impact on the intersection at
Berms Church, and that staff believes. that the applicant has addressed that
concern by voluntarily proffering $330,000, which equals their fair share of
the traffic added to that intersection. He stated the. applicant also agrees that
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if the cost of the road improvements is greater than $2.9 million dollars, the
current estimate, that the applicant will pay $10.9% of whatever the cost is,
above the $330,000. He stated the applicant has proffered a design manual
with all the dimensional requirements that are. contained in it, the layout, the
location of the parks, the system of greenway trails, and included a section of
moderate income housing units from a minimum of forty (40) to a maximum
of sixty-nine (69). He stated to address the concern with how these units will
be managed and administered, the applicant has proffered that there -will be a
Deed of Trust established on those units which will- b~e used as a key
mechanism to bring .the documentation to .the County when there are
subsequent transfers of those. lots. He stated the applicant has also proffered
to develop an additional pattern book detailing more of the architecture and
design of the buildings, which will need to be approved by the Planning
Commission. He stated the applicant has. agreed to not only make a
contribution consistent with the cash proffer policy for single-family homes
in the amount of $11,189 per unit, but also proffered $13,611 for- each of the R
multi-family units, which are the 100 loft units proposed on this project. He
stated following discussion with the County Attorney and staff, the developer
has voluntarily proffered sor~le additional conditions to address a number of
minor areas of concern. He stated also .included is the Deed of Conservation
Easement and Conveyance which transfers the property between St. Lukes
Village and St. Lukes Church.
County Attorney Stroman advised that the developer has timely
submitted the most recent proffers prior to the commencement of the public
.hearing.
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Chairman Bradshaw called for persons to speak in favor o
, or
opposition to, the application.
Billy M. Millner, Attorney, representing the applicant and the
development company, offered to answer any questions the Board may have,
and that he have an opportunity for rebuttal, if necessary. He noted with
respect to the 100 loft. units over retail office space, the. developer has agreed
to pay $13,611 for multi-family; agreed to give a Deed of Trust to secure
repayment of the moderate income units; agreed that the County Attorney
.will approve the form of Deed for the moderate income housing units; agreed
to pay $330,00 or 109% of whatever the cost is for road improvements to the
intersection, whichever is the higher of the two (2) amounts; agreed to
propose a density of 3.5, if the twenty-one (21) acres given to St. Lukes is
included or 4.2 units if the twenty-one (21) acres is excluded; agreed to
provide a Deed of Conservation Easement and Conveyance of twenty-one
(21) acres; agreed that in addition to the l OO loft units at $13,611 per unit, the
developer will also proffer 290 single-family at $11,189, totaling $3,244,810,
for a total estimated proffer amount to the County of $4,605,910; agreed to
develop moderate income housing units of not less than forty (40) and not
more than sixty-nine (69), and, if a unit is sold to another moderate income.
individual for a profit, for the next ten (10) years, the proffer amount
17
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decreases 10% per year; and, agrees to give .property to the Campbells Chapel
Church for possible use of a daycare facility.
Barbara.. Wiggins of 4297 Ennisdale .Drive in Smithfield spoke in
support of the application because of the affordable housing opportunities.
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Ernest Godwin spoke in favor of the development because of the
affordable housing opportunities.
Henry Morgan of 22048 Ballard Creek Drive, representing the Turner-
Morgan property, spoke in favor of the application. He stated the
engineering evaluations suggest that the cost to fix the current intersection
without consideration. for future growth is $800,000. He stated the
engineer's estimate. to construct. a new road to accommodate present and
future growth is $2.9 million dollars. He stated a traff c impact analysis was
done for the possible development. of his and Mr. Turner's property and ,the
surrounding properties suggested that the proposed impact of the project is
about 10.9%, of which the Frank property would .have a 2% impact, and his
project would have an 87% impact. He stated the developer's ,proffer of
$330,000 exceeds what is considered to be the impact of their development.
the road system. He noted that the County will receive $4.6 million dollars in
proffers.
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Michael Uzzell of Central Hill Road spoke in favor of the development
. noting that affordable: homes are needed. in the County.
Teresa Johnson of Candy Island Drive in Carrollton expressed concern
with the lack. of proposed play areas for childreri, particularly those ten (10)
to seventeen (17) yearn of age.
Patrick J: Small, Director of Economic Development, acknowledged
the developer's fully cooperative spirit. He stated with respect. to the concern
about extending thebuild-outs, the 100 unit cap on this project does extend
the build-out,-but economics dictate that building 430 units over a twenty
(20) .year period when .the developer is carrying $3.5 million in land. costs,
and the millions invested in infrastructure, is unrealistic.. He stated. the
developer's road contribution is in excess of what their participation. would
dictate to .improve the existing intersection, and what-the developer's traffic
impact analysis would demonstrate what is the impact on the community and
Pat Clark of Twin Hill Lane in Carrollton expressed concern about the
lack of a provision relative to BMP malfunctions.. He requested a provision
be included that if the BMPs are not functioning properly that they will nat
be transferred to a homeowners association until. they are functioning
properly.
Sadie Boyer of the Newport. District expressed concerned with the
commercial development proposal pertaining to the estimated ninety-three
18
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(93) businesses.. She .stated the existing two shopping centers. contain only
forty-nine (49) businesses, and she asked if was good business judgement to
believe that St. Lukes Village wilt have two and one-half times the number of
businesses as that of the two. existing large shopping centers.. She stated that
even if a business never opens, the developer could still sell every residence
in the proposed development, all. without generating. any commercial taxes
for the County. She stated she , is also concerned with approving the
development before the new intersection is approved. She stated $300,000 in
proffers still would not give the County a new intersection. She requested
that the Board not approve any development in the Benns 'Church area until
the new intersection is approved. She stated that while she is in favor of
affordable housing, the Board must ensure that what is being approved as a
whole is in the best interest of the County.
Sharon Hart, on behalf of the Isle of Wight Citizens Association,
requested that all road improvements be accomplished before the projects
begin. She noted the Association feels that. the traffic study numbers are low
on the LaBoone property, and that the timing is too much too soon for all
these developments. She stated the County has not yet felt the effects of the
complete build-out for Eagle Harbor and Founder's Pointe, and it would be
more feasible to see what the repercussions will be from that growth, and
deal with at~y problems associated with those developments, before the Board
approves any additional projects. She stated there will be other needs such as
fire and rescue and police; possible expansion to the roadway at Smithfield
Middle and High Schools; a new elementary school; a bridge at Titus Creek
and a stop light at the intersection of Titus Creek and Smiths Neck Road; an
expansion to the marina; a new YMCA; trash disposal; and, possibly a new
library. She noted with respect to the tri-plex units, the proffer study only
recommended a proffer for each building of $11,189, not per unit for
buildings which contain three (3) units.
Albert Burckard, representing the Isle of Wight Historical Society,
relayed the Society's opposition to the inappropriate use of the name of the
historic St. Lukes shrine in conjunction with the development of this
property. He stated it implies .that the private commercial development is
somehow related to the history of the historic shrine, and he requested that
the developer reconsider other names associated with the Benns Church area.
Grace Keen of the Newport District expressed concern with the unsafe
conditions at the Benns Church intersection. She stated more than 20,000
cars currently utilize this intersection, and that there are now 3,000 additional
cars that travel this way because of the closure of the Kings .Highway Bridge.
She recommended that until this intersection is improved, there should be no
further development in that area.
. Thomas Finderson of the Newport District stated the master site plan
only depicts 430 total residential units, but that there are really 480 units
because the developer is counting the six. (6} tri-plex lots as six (6) units
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instead of eighteen (18) units and counting the thirty-eight. (38) duplex units
as thirty-eight (38) units instead of seventy-six (76) units. He stated the.
County should be entitled to another $550,000 in proffers. He stated
traditional neighborhood designs have failed in the D.C. and Maryland areas
because children do not have a play area, and they begin loitering around the.
commercial .areas, causing shoppers to become intimidated. He
recommended a youth center and additional playground areas for teenagers.
He stated the build-out of the project should also be phased in and exceed -
VDOT's timetable for the construction of the road.. He noted that thereis no
access to the BMPs, and he recommended that an easement be established so
.that heavy equipment can get in to maintain them.. He expressed concern
with the size of the lots, and stated they are not large enough to accommodate
handicapped ramps, and that there are no community parking lots proposed
for this development.
Chairman Bradshaw called for .rebuttal by the attorneys. for. the
applicant.
Attorney Riddick noted that aI1 issues expressed by the public today
have been addressed.
Chairman Bradshaw closed the public hearing and called for comments
from the Board..
Supervisor Clark. inquired about the number of greenway trails
proposed to be built..
Jack Currence, Architect, noted that in neighborhoods such as this,
much of the walking is done along the sidewalks, and that while nature walks
are. pretty, they really are not. utilized. He advised that the developer would
not be constructing the nature trail along the St. Lukes easement area, as this
would be built by the County..
Supervisor Clark requested that the BMP issue be addressed.
Attorney Millner advised that the developer would be retaining a
national firm that establishes the homeowners association and begins a
reserve to address any failures that may occur. He further advised that the
BMPs would. be maintained by the developer until such time as 60% of the..
units are occupied.
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County Attorney Stroman advised that there is a financial security
requirement, as well as. an inspection .requirement. before there can be a
change-over .from .the developer to the homeowners association. He stated
the issue of 60% occupancy assures that the BMF is not turned over to the.
homeowners association too quickly.
90°K 2J .."106
Mr. Hartley advised. that before a BMP is built, and before it is
approved, a maintenance agreement is required which covers all of the
aspects of the ownership and maintenance notification to the County if there
is any change in ownership.
Supervisor Clark .stated he understood that the 60% occupancy was to
ensure that the homeowners association had a chance to decide if it was in a
proper .position to assume the responsibility, and so that the association
would be aware of what the cost was to maintain the BMP annually. He
stated the homeowners should also have the option to not take over the BMP;
otherwise the provision is useless.
Mr. Hartley stated this is a proffered condition by ,the developer, .and
that between the maintenance agreement proffered, there are tools present to
ensure that the BMP is inspected and in operating .condition before it is
- conveyed to a homeowners association. He stated if the homeowners do not .
want to assume that responsibility, then the developer is left with that
responsibility, and the County, through the BMP agreement, has the ability to
maintain it and bill the developer for the cost.
Supervisor Clark inquired what constitutes affordable housing.
Mr. Hartley replied that the sales price is a standard formula based on
the average household income to be devoted to housing, which serves as the
basis for what a monthly payment can be.
Supervisor Clark inquired about the commercial/residential ratio, and
what could happen if commercial businesses do not materialize.
Attorney Riddick advised. that the developer is paying full proffers on
all the residential, and the commercial is a risk to the developer. in that he is
assuming that the commercial space will be filled. He stated the commercial
space on the first floor can not be converted to residential.
Supervisor .Clark requested Attorney Riddick. to address Mr.
Finderson's representation that the developer is counting the six (6) tri-plex
lots as six (6) units instead of eighteen (18) units and counting the thirty-
eight (38) duplex units as thirty-eight (38) units instead of seventy-six (76)
units, resulting in the County being entitled to an additional $550,000 in
proffers.
Attorney Riddick confirmed that an individual proffer has been paid
per unit.
Supervisor Clark inquired about Mr. Finderson's comments about the
inability to build handicapped ramps.
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Attorney Riddick replied that is a construction issue, and not a land use
issue.
Supervisor MacManus noted that the trails are part of the County's
Comprehensive Plan, with the intent they would become reality once that
land was developed.. He noted .his disappointment that the developer did not
offer to include these trails as part. of his project because the Board has a
vision for what anticipated growth will look like, and part of that growth is
that there would be trails there..
.Attorney Millner confirmed that every trail included in his property. on
the drawing will be built.
Supervisor Bradby spoke in support of a development that offers
affordable housing in the County. He .noted affordable housing is scarce,
especially in the County.
Supervisor Clark inquired what the total number of residents units is,
including the affordable homes.
Attorney Riddick stated the maximum number of units is 430.
..Supervisor Wright spoke in support of the affordable homes and the
proffers offered. He stated that he did not like the .fact that the final proffers.
were not submitted to the. Planning Commission.
1
Attorney Millner advised that he had .requested,. prior to the last
Planning Commission hearing, that the matter be continued for the purpose
of presenting the proffers at that point,. and that he had hoped that the
Planning Commission .would receive comments and he would be able to
come back the following month with the final proffers. He advised that the
Planning Commission did not address questions following his presentation,
and the matter was then .voted on to deny- the application. to the Board of
Supervisors. He stated he attempted to make his best good faith effort up
front, and that he did not. feel that the developer should be criticized.
Chairman Bradshaw inquired what year the build-out is anticipated to
occur.
Mr.1=~artley replied it would begin in 2007, at the. earliest, with 2012 as
a complete build-out.
Chairman Bradshaw inquired when staff believed the improvement to
the intersection would be resolved.
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Mr. Hartley replied that at this time a good deal of the realignment of
the intersection rests with the Benns Grant property, as .well as the Frank
property. He stated staff has deferred that. issue to the private sector because
22
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it has the flexibility and opportunities that the County does not have in the
public sector. He stated the Frank application was tabled until the Board's
June, 2005 meeting so that he could put together a master plan for that
property.
Mr. Small stated the likelihood of the road being built within the -next
five (5) years is zero (0) percent. He stated Mr. Morgan and Mr. Turner have
not filed an applicatiomwith the~County, and following approval, they would
need to do a site plan. He stated the County may be able to utilize the
$330,000 from. the .developer in conjunction with the County's revenue
sharing money.
Mr. Hartley advised that VDOT .is in favor of realigning the
intersection. He stated .within the master plan, the .concept was that the
private sector. would build that road, and it would not require any public
funds.
Chairman Bradshaw spoke in favor of the application, but stated the
issue of the intersection should first be addressed.
Mr. Small stated that the developer's proffer states that there is a failing,
intersection, and whether his project is built or not, he is offering $330,000,
which will give the County the ability to match those funds with its revenue
sharing funds. He stated if the road does not get built, the County. could take
the total funds and spend it on the. existing intersection.
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Chairman Bradshaw inquired what steps have .been. taken by staff to
resolve the traffic congestion when the homes and businesses begin to be
built in 2007;
Mr. Hartley stated the County's.:, Transportation Planner has been
encouraging VDOT to make some improvements to that intersection in the
form of turn lanes to alleviate some of the existing. traffic problems.
Mr. Morgan stated that he and 1VIr. Turner have not .filled out an
application yet because the Chairman of the. Planning Commission
recommended that not all applicants apply at the same time. In .addition, they
have not :found a developer to participate to the level they desire.:He stated
that road will be built into their project, but at this. time they do not have the
necessary right-of--way. He advised that as soon as the right-of--way is
acquired, they would return to the development community and approach the
Board soon thereafter with their plan. He stated it would take two (2) to three
(3) years after that to build the project.
Supervisor MacManus moped the Board approve the application with
the proffers presented this evening, and direct staff to present to the Board an
understanding of how the roads would go forward and what kind of traffic
changes the County will be seeing over the five (5) -year build-out. The
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motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, .Clark and .Wright voting in favor of the motion, and no
Supervisors voting against the motion.
II
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Supervisor Wright moved the Board return to the regular order of the.
agenda, and take a ten (10) minute recess. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright.
voting in favor of the motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for Citizen's Comments.
Ed Easter of Carrollton notified the Board of an incident in which the
Sheriffs Department was contacted .last Sunday concerning a contractor
utilizing Yellow Rock Road. He advised the Board that the Sheriff's Office.
was unaware of the County's ordinance that was., recently adopted by ° the
Board.
County. Attorney Stroman advised that he held a meeting with certain
representatives of the Sheriff s Department, but that he would follow-up with
the Sheriff himself on this matter.
Supervisor Clark moved the Board direct the County Attorney to meet
with Sheriff Phelps to discuss the enforcement of the ordinance. The motion
was adopted by a vote of (S-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Easter noted because of the way the deeds are written all of the
Macklesfield residents are under the impression that they have right-of--way
across Hideaway Lane. He stated there are only .five (S) families that have a
right-of--way across Hideaway Lane. He requested that Mr. Magette be
contacted and requested. to notify the fourteen (14) homeowners. in
Macklesfield that they do not have right-of-way across Hideaway Lane.
Chairman Bradshaw further requested that. the County Attorney meet
with Mr. Easter to discuss the legal aspects with respect to enforcement of the
County's ordinance.
1
Ed Snow of Yellow Rock Road requested the Board take action to have
aggregate placed on Yellaw Rock Road.
Supervisor Clark moved the Board direct staff to meet with Mr. Snow
to discuss .options for maintaining Yellow Rock Road. The motion was
adopted by a vote of (5-Q) with Supervisors MacManus, Bradby, Bradshaw,
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Clark. and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Darlene Bradberry of St. Catherine Drive in Carrollton spoke in favor
of the. Board fully .funding the School Board's budget.
Bob Amato of 16672 Longview Drive, on behalf of the Isle of Wight
County Humane Society, recognized the good working relationship between
the County's Animal Control Officers and the Society. ,
Wayne Beagle thanked the Board for staff's work on the proposed
Zoning Ordinance.
R. L. Walker addressed the Board on school issues with respectto the
treatment of certain children by the school system. He further addressed the
issue of EMS billing that is being implemented in the County.
Chairman Bradshaw stated EMS billing was. implemented in the
southern end of the County six (6) years ago, and that the billing system
should be consistent throughout the County. He stated funds need to be
collected that are offered by insurance companies, Medicaid and Medicare,
and that the Board does not intend to pursue collection of the funds from
citizens.
//
Chairman Bradshaw called. for the County Attorney's report.
County. Attorney Stroman presented a proposed Fairgrounds Ordinance
responsive to the issue brought to the Board's attention by the Director of
.Parks and Recreation.. He .requested the Board's approval to advertise the
matter for public hearing.
Supervisor Clark moved the Board authorize the County Attorney to
advertise the Ordinance for public hearing at the Board's May 19, 2005
meeting. The motion was adopted by a vote of (5-0) ,with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the
motion, and no Supervisors voting against the motion.
County Attorney Stroman noted contained in the agenda is a copy of
the second draft of the revised Tourism Bylaws that incorporates the Board's
comments from the March. l 7, 2005. meeting. He advised that he intended to
provide a copy of the Bylaws to-the Tourism Relations Committee following
appointment of its members and the Committee convening.
Supervisor MacManus requested the County Administrator. to contact
the Smithfield Town Manager and request the Town's report on its
appointments to the Tourism Relations Committee. He advised that he would
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be making an appointment later in the meeting under "Appointments" with
respect to replacing Wayne Farmer .with Regina .Hagerty on the Tourism
Relations Committee.
County Attorney Stroman noted that .the Board would be holding a
public hearing on an .Amendment for Inspection fees Ordinance to Lower
Basis Inspection Fee for Structures Not Under Roof later in the meeting.
County Attorney Stroman notified the Board that he has received an
order from the :.Supreme Court dismissing the case of Mr. Myers who
requested a variance that was denied by the Board of Zoning Appeals.
//
Chairman Bradshaw called for the County Administrator's report.
Richard O. Childress,. Director of Emergency Management, advised the
Board that he has received Letters of Agreement from the Carrolton
Volunteer Fire Department and the Windsor Volunteer Rescue Squad. He ti
further advised that. he has not received executed Letters of Agreement from
the Isle of Wight Volunteer Rescue Squad, although he has been advised by
the Captain that it has been executed and he would be receiving it in the near
future. He reported that the .Windsor Volunteer Rescue Squad is fully
compliant, and. the County's information has been forwarded, and the
Carrollton Volunteer Fire Department .and the Isle of Wight Volunteer
Rescue Squad have advised that they are still compiling their information and
will deliver it today. or tomorrow. He stated once that. information is
compiled, the application needs to be signed and forwarded,. and in order to
facilitate the execution, l:e has. requested that the County Administrator be
authorized to sign. it and have it forwarded on.
Supervisor Wright moved the Board authorize .the County
Administrator to sign the Medicare Provider/Supplier Enrollment
Application. (Form CMS 855B) upon completion. The motion was adopted.
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
.Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Mr. Childress presented a Change Order pertaining to the Carrollton
Fire Station Crossover project. He stated engineering noticed that the soils
were substandard, and had them excavated and replayed per the contract. He
noted that the architect, Brian Camden, is present, and ,he has already
.approved and signed the. change order.
Supervisor 'Wright stated he is .not in favor of approving the change
order.
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Mr. Camden stated that the change. order relates to the work on the
crossover, not the building. He stated this work was. added following the
construction contract, and the change order tonight is only for removal of the
unsuitable soil and material that was underneath the roadway bed. He stated
the undercutting in the change order was directed by the soils engineer, and
also under the direction of VDOT.
Supervisor Clark noted the Board may not have approved. some of the
other change orders if it had known this change order was going. to
materialize. He stated at the point that it became known that there would be a
change order involved on the crossover, the Board should have been advised.
Mr: Childress recalled that staff had informed the Board that there
would be future change orders in the. amounts of $20,000 to $60,000 due to
unsuitable soils. He stated staff is currently negotiating two (2) other change
orders with the contractor, the first in the amount of $15,000 and the second
in the amount of $18,600.
County Attorney Stroman advised that there is concern on the parts of
IVIr. Childress and Mr. Camden of the validity of the last two (2) change ,
orders. He stated .they have communicated with him as to whether there
should be some effort to attempt to negotiate a resolution of those change
orders, .but he has not yet had an opportunity to meet with the contractor. He
advised that a residual amount is being held, and the County intends to hold
all or a substantial portion because of damages due .the County.
Supervisor MacManus moved the Board approve the .Change Order and
adopt a Resolution to Appropriate $22,903 from the Unappropriated Fund
Balance for the Carrollton Fire Station Renovation and Expansion Project;
direct staff to hold a meeting with the Carrollton Volunteer Fire Department
staff to work out an appropriate schedule to address the cost overrun; and,
report back to the Board at its May 5, 2005 meeting with a status report. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and. no
Supervisors voting against~the motion.
Alan S, Nogiec, Director of Parks and Recreation, advised that
historical studies are currently being handled by the .various County
departments, and as part of the Strategic Plan, staff was to provide the Board
with a plan on how to develop a system that could manage these resources.
He stated staff has suggested the creation of a division that would expand the
historic facilities division that is currently a part of the parks and recreation
format to bring all: of the operations of managing historic facilities owned or
managed by the County, as well as the coordination of studies, under a single
umbrella under the division of Parks and Recreation. He stated the head of
that division would be a historic resources manages within the Department of
Parks and Recreation, and that museum and Fort Boykin staff, museum
docents and Boykin's Tavern are recommended to come under this umbrella.
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Supervisor MacManus inquired why a different department would not
be created for the next fiscal year with its own CIP and long-term plan and
budget. He stated the proposed department has a completely separate
mission than that of Parks and Recreation.
1
Mr. Nogiec explained that the most active historic tourist attraction in
the County is the museum, which has been managed by Parks and Recreation
since 1978, as well as Fort Boykin, which has been managed by Parks and
Recreation since 1978. He stated the historical interpretation ofNike Park is
also a project that will be undertaken by Parks and Recreation staff. _
Supervisor MacManus moved the Board direct staff to include this in
..the Strategic Plan, and be prepared to address it with the Board at its Retreat
in the Fall. The .motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
County Administrator Caskey noted his report on Action Steps -New
Directives, is simply a reminder to the Board of how .much of a .living
document the County's Strategic Plan is in that staff is continually adding
objectives to the Plan. He stated the six (b) objectives are examples of items M
that have come forward. He asked the Board if it wished staff to advise about
items completed and provide quarterly updates:
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Supervisor MacManus noted that he thought items (4) and (5) were
already extensions of 1.A3 and 1.A5 of the Strategic Plan.-
County Administrator Caskey advised that these are additional action
steps that need to be added.
Supervisor MacManus inquired about the. status of the County decal.
elimination study.
Ms. Seward requested the Board advise staff if that study is a priority.
She noted that there are a number of other projects that are priorities, but if
the decal study is important to the. Board, it should advise staff so that items
can be adjusted accordingly.-
//
Chairman Bradshaw called for Appointments.
Supervisor MacManus .moved- the Board appoint Kelly Barlow to
represent the Smithfield District. on the Events Committee. The motion was
adopted by a vote of {5-d) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
pp{5
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Supervisor MacManus moved the Board reappoint .Renee Bevan to
represent the Smithfield .District on the Industrial Development- Authority.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus moved the Board accept the resignation of .
Wayne Farmer from the Tourism Relations Committee. The motion. was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor. MacManus moved the Board appoint Regina Hagerty to
replace Wayne Farmer on the Tourism Relations Committee. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, .Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor MacManus moved the Board accept the resignation of
Gayle Brown, representing the Smithfield District, on the Board of Zoning
Appeals. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board accept the resignation of Joe
Wright from the Events Committee.. The motion was adopted by a vote of (5-
0) with Supervisors MacManus, Bradby, Bradshaw; Clark and Wright voting
in favor of the motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board appoint Larry Willis to the Youth
Services Advisory Board. The .motion was adopted by a vote of (5-0) with
Supervisors Ma~Manus, Bradby, Bradshaw, Clark,and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Bradby moved the Board reappoint Rod Collins
representing the Hardy District on the Board of Building Appeals. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright .voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Clark moved the Board accept Phillip A. Bradshaw's
resignation from the Resource Conservation Development Council. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman Bradshaw moved the Board appoint Rachel Morris to replace
himself on the Resource Conservation Development Council The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion; and no
Supervisors voting against the motion.
//
Chairman Bradshaw called for Old Business.
Mr. Hartley briefed. the Board on .the final draft of the Isle of Wight.
.County Zoning Ordinance. He advised that staff's recommendation is to
advertise the matter for public hearing at the Board's May 19, 2005 meeting,
but given the hour at this time, he would recommend discussion be deferred
until the Board's May 5, 2005 meeting,.. and that staff be authorized to
advertise the matter for public hearing at the Board's May 19, 2005 meeting.
Supervisor MacManus moved the Board .place the matter under Gld
Business for the Board's May 5, 2005 meeting; authorize staff to advertise
the Ordinance for public hearing at the Board's May 19, 2005 meeting; that
Mr. Hartley is to ensure that the zoning maps are-in digital form; that. Mr.
Hartley will provide a .list of key issues identified at the first work session
where the matter. was deferred back to the Planning Commission; that Mr.
Hartley will prepare a brief presentation on each of those issues and how they
were resolved. The motion was adopted by a .vote of (S-0} with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisars voting against the motion.
Supervisor MaclVlanus directed County Attorney Stroman to be
prepared to speak to the Peninsula Housing and Builder's Association issue
with respect to zoning permits.
Donald M. Long, Director of Public Works, .stated responsive to
concerns voiced at the Board's Town meeting, two (2) part-time personnel
will be hired to keep the Orbit, Mill Swamp and Ramsey Convenience
Centers clean. He stated because much of the dumping is being done after
regular hours, these personnel will travel regularly to each site in the
mornings and around 5:00 p.m. He stated this work. schedule is
recommended until the County is prepared to close two (2) centers and open
up two (2) new centers. He stated heavy-duty tarps will be purchased and
placed over the full bins to keep the debris from blowing away into the
surrounding areas. He advised that jail staff would also be diverted from
their current schedule in order to assist in these efforts. He requested the
Board to allow him to utilize the capital funding remaining. from the general
street expansion. for the Crocker center.
30
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Ms. Seward advised that her records reflect that the project was closed
out in August, 2003, and the remaining funds in the amount of $T5,800 have
been rolled into the Unappropriated Fund Balance.
Chairman Bradshaw moved that the Board direct Ms. Seward to take
the ..necessary steps to provide funding for this request through the Budget
and Finance Department. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion,.
Mr. Long stated with respect to his earlier statement to the Board that
Mr. Holland had property for the Board's consideration in the Orbit area, he
did meet on-site with Mr. Holland and determined the site to be ideal;
however, Mr. Holland's asking price is $500 per month. He reported to the
Board that the individual who currently allows the County to utilize property
for the Ramsey center, which is proposed to be closed down;. has expressed
an interest in giving the County a piece of property. He stated this individual
must first get permission from his, family members who are also joint owners
and, in turn, the. current Ramsey Center will be closed.
County Administrator Caskey informed Chairman Bradshaw and
Supervisor Wright that Messrs. Robertson ar~d Long have indicated a need to
meet with them, as the Board's committee, and. they will be in touch in order
to facilitate a meeting.
County Administrator. Caskey requested that the Board take formal
action on the Resolution to Recognize Cynthia Byrd Outten as the Isle of
Wight .County Public Safety Dispatcher of the Year for 2004, which the
Board did not take action on at its April 7, 2005 meeting.
Supervisor Wright moved the Board adopt the following Resolution
which was presented to Ms. Cynthia Byrd Outten at the .Board's .April 7,
2005, and which' the Board did not take action on at that time:
RESOLUTION TO RECOGNIZE CYNTHIA BYRD OUTTEN AS THE
ISLE OF WIGHT COUNTY PUBLIC SAFETY DISPATCHER OF THE
YEAR FOR .2004
WHEREAS, Dispatcher Cynthia B. Outten is a dedicated Public Safety
employee serving the citizens of Isle of Wight County daily by answering
their calls for law enforcement, fire and emergency medical services and by
dispatching the appropriate assistance as quickly as possible; and,
WHEREAS, Dispatcher Outten is highly skilled, always professional,
dedicated and hard working; and,
WHEREAS, Dispatcher Outten has been nominated by her peers as the
Isle of Wight County Public Safety Telecommunicator of .the Year for
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providing overall commitment to duty and optimum performance of duty in
team building, training and support skills; and,
WHEREAS, Dispatcher Outten has. earned the admiration, recognition
and support of her Supervisors and peers, and. deserves recognition by the
citizens of Isle of Wight County for her exceptional compassion,
professionalism and skills.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Cynthia B.
Outten, be recognized. and honored as Isle of Wight. County Public Safety
Telecommunicator of the .year for 2004 for her vital contributions to the
safety and well being of our citizens...
The motion. was adopted by a vote of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
/I
Chairman Bradshaw called for New Business.
Supervisor Wright moved 'che Board direct staff to contact the Towns
of Windsor and Smithfield and suggest that a quarterly meeting with the
entire staff and governing. bodies of each town be established (each meeting
independent of each other) in an effort to improve communications and
working relationships between the County and the towns. The meetings
should take place as soon as possible in May, 2005. or June,. 2005. The
motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby,
.Bradshaw, Clark and Wright voting in favor of the motion, ..and no
Supervisors voting against the. motion.
Supervisor MacManus moved the Board direct staff to follow up with
East West Partners. to determine what they are doing to address citizens'
concerns with the BMP's at the Eagle Harbor Subdivision. The motionwas
adopted by a vote of (5-0}with. Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting. in favor of the motion, and no Supervisors voting
against the motion.
With respect to the School Board budget, Supervisor Clark moved that
the Board, at the time that it prescribes funding for the School Board, award
funding by category as permitted by Section 22.1-115 of the Virginia State
Code.
Supervisor MacManus suggested that an amendment be made to
Supervisor Clark's motion that the Board request the School Board to advise
what this would entail before the Board decides to move in that direction. He
.clarified that he understands Supervisor -Clark is .requesting that funding be ,
32
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provided in that way, but. he prefers to see the School Board provide the
information by category. He stated a meeting has been set up with- the School
Board next week, :and the Board may wish to take that path following
discussions.
County Attorney Stroman advised because the Board must adopt the
.budget at its May 5, 2005 meeting, and the Board may wish to consider a
motion to direct staff, in consultation with School Board staff, to prepare the
appropriation by category as enumerated in Section 22.1-115. He stated both
staffs will need to begin work on this if the Board is moving in that direction.
Ms. Seward noted that the School Board will need to prepare a revised
budget with the categories.
Supervisor MacManus stated that what he meant is if the School Board
can provide the information that is one (1) thing, but he does not know if this
Board is decided one (1) way or the other yet, as there are complications
associated with going down that path.
County Attorney Stroman advised that the public hearing was held
based on the recommended amount in the Courity Administrator's budget,
and that the Board could have the .categories .prepared consistent with that
recommendation. He stated this would not. prevent the Board from adjusting
them one way or the other.
Chairman Bradshaw stated if the Board does this, and the School Board
provides that information, and the Board changes what is on there, before the
Board can adopt it, the Board .would have to have the School Board's input
back on that.
County Attorney Stroman statednot necessarily in the sense that if the
Board is presented with what the Board had its public hearing broken down
into categories, • it is within the Board's discretion to add or subtract within
those categories. He .stated the Board can not get itself in a situation where it
would be talking about a tax increase because, in that. event, the Board would
have to conduct another public hearing. He stated there is nothing to prevent
the Board from moving forward with a categorization of appropriations, and
the Board would still have the flexibility at its May 5, 2005 meeting to move
these figures up or down.
Supervisor MacManus stated that the Board could also at that time
decide to move forward with categories or provide a lump .sum amount to the
School Board.
County Attorney Stroman replied that .the Board is directing staff to
provide that information, and the Board actually does its appropriating when
it adopts the budget. He stated that if the. Board has the information prepared
in categories and decides to appropriate it as a lump sum, that will be
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relatively. easy. He stated what is hard is to go the other way, and the Board
is simply laying the groundwork, but the Board will not actually make that
decision until the budget is adopted.
County Administrator Casket' asked going forward if the Board decides
to fund. the School budget be .category, will the public hearing that is
advertised for next year have to list by category the funding proposed for
schools.
County Attorney Stroman advised; that the state statute is .confined to
the form of the appropriation. He stated staff .should seek input from the
Board as to whether or not they will appropriate categorically when it comes
to next year's budget because there is some logic in preparing. the budget
materials consistent with that format.
Supervisor MacManus noted that the difficulty comes when the money
is spent... He stated currently the School Board has the flexibility to ga across.
category, and when it is set up in categories, they are locked into certain line
items, and that is all they can spend the funds on. It creates complications
.because the School Board has to come back to the Board of Supervisors. in
order to move funds around from. one category to another. He stated this
Board then becomes the check-off point.
:
The .motion was adopted, by a vote of (5-0) with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and. no Supervisors voting against the motion.
Chairman Bradshaw noted a conflict. with the $oard's July 21, 2005
meeting and moved the Board change that meeting to Monday, July 25, 2005
at 6:00 p.m. with public hearings to commence at 7:0.0 p.m. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the. motion, and no .Supervisors voting
against the motion.
Chairman Bradshaw moved the. Board direct staff to provide the Board
with information on Caroline County's dental .care program. The. motion was
adopted by a vote of (5-0) .with. Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting ~,
against the motion.
Responding to .Chairman Bradshaw, County. Administrator Casket'
advised that a report pertaining to reimbursement for EMS expenses would
be included in the Board's May 5, 200.5 agenda..
Following a motion by Supervisor Clark to allow- additional .citizens.
comments at this point in the agenda, which was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
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favor of .the motion, and n4 Supervisors voting against the motion, the
following comments were received:
Henry Morgan addressed the revised Zoning Ordinance and
commended the efforts of staff and subcommittee members. He cautioned
that the CUP requirement on the 125,000 square feet "big box" footprints is a
"deal killer." He encouraged the Board to' reword the language so that it does-
. not prevent medical facilities from having acampus-like setting with more
than one building of a certain size. He noted that office parks would also
need the same protection.
Jerianne Gardner notified the Board that at one time there was a cannon
located in the front of the Courthouse. She noted that if the cannon could be
located, the Board might want to make restoring the cannon a County 2007
project, or if the cannon can not be located, the County might want to
consider having the cannon replaced.
Supervisor Clark moved the Board direct staff to do research to
determine if there is any record of a cannon being located at the Courthouse.
Staff was directed to locate such. cannon, or proceed to replace it. The motion
was adapted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw,.. Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Steve Jenkins, Director of Budget and Finance for the School
Administration, stated he felt it is important to clarify the proposed position
counts which have .been reported inaccurately. He .advised that twenty-six
(26) existing positions have been adjusted from the FY05 School budget. He
noted that fourteen (14) positions involving intervention .and remediation of
students were added to the School- budget in FYOS, as well as a librarian for
the Smithfield, High School. He advised that the bus monitors were already
in place, and were not counted because they were all part-time positions;
however, these positions were counted in the FY06 budget and they equaled
eight-and-a-half (8.5) positions. He stated .2.45 Home Bound and Driver
Education Teachers, formally part-time positions, have been converted to
full-time positions. He stated the School Administration is proposing to add
22.65 positions to open the new school in Smithfield. He stated Standards of
Quality have been revised to add five (5) Technology Teachers, and Special
Education provisions have- been revised, and the School Administration has
added, in addition to four {4) positions in the new elementary school, another
17.5 positions for Classroom Teachers .and their Assistants. He noted that
several grant-funded positions have .been eliminated. He advised that a
Preschool Teacher and Assistant have also been added. which are almost
entirely funded by the state, He stated Dr. McPherson also briefed the
Finance Committee about the position of Director of Accountability and a
part-time position for the Human Resources Office. He advised that one (1)
painter position has also been added.
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County Attorney Stroman requested the Board enter. a closed meeting
pursuant to Section 2.2-3711.A.7 and A.1 to obtain legal advice and to
discuss personnel issues related to the County's Codes Enforcement Policy;
under Section 2.2-3711.A.7 to provide legal advice and briefings from staff
regarding possible withdrawal from the Blackwater Regional Library system;
under Section 2.2-3711.A.7 to receive legal advice and discuss personnel
matters with respect to the inclusion of additional employees.. in the County's
Pay and Personnel Plan; .under Section 2.2-3711.A.7 to receive legal advice
concerning actual litigation
Supervisor Clark moved. the Soard return to open session. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors.-voting against the motion.
Supervisor Wright moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully. exempted from open meeting requirements. by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
I
36
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Supervisor Clark moved that the Board approve ahe Codes
Enforcement Policy, as amended, The motion was adopted by a vote of (S-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
//
At 12:48 a.m., Supervisor _Bradby moved the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) • with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Ph' p A. Bradshaw, Chairman
-.