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01-19-2006 Regular Meetings eooM 23 ;A..65g REGULAR MEETING. OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND SIX _ PRESENT: Thomas J, Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. (Arrived at 6:06 p.m.) Thomas R, Ivy ABSENT; Phillip A. Bradshaw Also Attending; Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Anne F. Seward, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. // Supervisor Clark delivered the invocation. /l The Pledge of Allegiance was conducted. // Chairman Wright called for approval of the agenda. County Attorney Stroman ~ requested that an item be added to the Closed' Meeting related to the investment of public funds and-.the. acquisition of real property for apublicpurpose, fora total of eight (8) Closed Meeting items. Supervisor Clark moved.- that the Board approve the agenda, as .amended, The. motion. was adopted by a vote of (3-0) with Supervisors Clark,. by and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absentfor the vote. // Chairman Wright called for Special Presentations. Ben Rideout, Chairman of the Route. 58 Business Revitalization Committee, requested that the Board authorize the Committee's name to be 1 1 1 i~ Boos 23 ;,::65g changed to the "Southern Development Committee," and adopt its Action Plan.. Supervisor Brown arrived at the meeting. Supervisor Clark requested the beautification aspect be removed from the Committee's proposed Action Plan. He explained that the Industrial Development Authority already has funds earmarked for beautification for both the northern and. southern revitalization committees. He noted that Carrsville is rural in character, and bringing water and sewer infrastructure into that area would automatically attract more people. He inquired 'if a pubtic hearing would be beneficial in notifying Carrsville residents- about the Committee's proposed Action Plan. Mr. lZideout advised that extensive coverage about this effort had been advertised in The Tidewater News, and that no phone calls in opposition had been received by him, Supervisor Bradshaw,. or any other member of the Committee. He advised that many citizens have expressed -their desire to have a grocery store in that area, and that they. fully understand. the trade-off associated with development. Supervisor Clark recommended that the Board table further discussion of the matter until Supervisor Bradshaw could be present. Chairman Wright noted that the Committee's. requests would be further discussed at the Board's February 15, 2006 meeting. The Board did take action to receive the... Route 5$ Business Revitalization Committee's report following the Closed Meeting. Chairman Wri ht called fora resentation by a representative of g P Charter Communications.: z Matt Favre, Director of Operations, briefed the Board on cable industry developments, stating that many telephone .companies .are currently probing s the country looking for communities to grant them cable franchises on terms and conditions that could potentially have a negative impact on consumers, to include reducing. consumer protections and limiting the-amount of authority local governments have over cable service providers. He stated. these terms could also have a negative effect on the amount of franchise fees paid to the. County. He requested that the .Board .consider adopting a resolution in support of .local control of cable television franchising and competition for all. Mr. Favre briefed the Board with respect to cable services throughout ..the .County, stating that in 2006 Charter Communications will begin to offer video. on demand; digital video recorder services; and, wilt increase modem speeds ftom three (3) to five (5) mg. He stated that Charter Communications. 2 a eoo~ 23 ~;.:6~60 is one (1) of only a few cable companies thaf offer broadband access in rural: communities.. He stated that in October, 2005, Charter Communications ,did implement a rate increase for digital service for the three (3) packages it offers, .and that it recently underwent a retransmission period whereby. it had to negotiate an agreement with the various local broadcast .companies in order to continue carrying their broadcasts. He advised. that Charter is willing to discuss a potential revision to thedensity requirements cantained in the franchise agreement. /I Chairman Wright indicated the Consent Agenda included the following items: A. Resolution to Accept and Appropriate.$2,000 in Donations from the Camp Foundation B. Hampton Roads Film Office/Funding Initiative C. Booker. T. Estates Neighborhood Infrastructural Improvements - Proposal for Engineering Services, R, Stuart Royer & Associates, inc. D. CASH Program Budget Amendment and Update E. Response to Blackwater Regional Library Participation Review. F. Status Report -School Appropriation by Category G. Revision to the Board's Regular Meeting Schedule H. Proposed FY2006-07 Budget Calendar 1. Board Committee Attendance Report J. Planning.Commission Action List of December 27, 2005 K. DEQIPublic Notice Dated December 26, 2005 L. Delinquent Real Estate Tax Collection Monthly Report. M. December 2, 2005 Retreat Minutes. N. December 3, 2005 Retreat Minutes d. December 15, 2005 Regular Meeting Minutes 3 1 i .. . eo~~ 23 ~;.~f61 Responsive to Chairman Wright's request, Supervisor. Clark moved that -Item (G), Revision. to the.. Board's Regular Meeting Schedule, be removed from. the Consent Agenda, and that .the Board adopt the remaining items. The .motion was adopted by a vote of (4-0) .with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote.. Supervisor Clark moved that the Board's 2006 Meeting Schedule be amended to reflect that the .Thursday, February 16, 2006 meeting has been changed to Wednesday, February 15, 2006. The motion was adapted by a vote of (4-0) with Supervisors Brown, C1ark,.Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. Supervisor Clark moved .that the Board approve Item (G), Resolution t© Change the Regular Meeting Schedule of the .Board.' of Supervisors, as follows: RESOLUTION TO CHANGE THE REGULAR MEETING SCHEDULE OF THE BOARD DF SUPERVISORS .WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia established its regular meeting schedule at its organizational meeting held. on January 5, 2006; and, WHEREAS, the Board of Supervisors .determined it is necessary to change its previously adopted. meeting schedule to reflect a regular meeting on April 18, 2006 in lieu of a previously scheduled. meeting. on April 20, 2006; and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that, pursuant to Code of Virginia, Section 15.2-1416 (1.950, as amended), the ..:Board of Supervisors of the County of Lsle of Wight, Virginia will hold a meeting on April 18, 2006 at 6:00 p.m. in the Board of Supervisors' Room in lieu of a previously scheduled meeting on Apri120, 2006. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, .Supervisor Bradshaw. absent from the vote. J/ Chairman Wright called for Regional Reports. County Administrator Casket' reported that Hampton Roads Planning District Commission staff made its annual presentation on projections for the 4 e aa~,~ 23 ,~~~6~ .regional economy for the coming year. He offered to share the 2006 Forecast with any interested Board member. .County Administrator Caskey reported that only :routine business matters were discussed at the most recent meeting of the Southeastern Public Service Authority. Supervisor Clark reported that Western Tidewater Regional Jail revenues are reflecting a need for each locality to begin appropriating funds in their upcoming budget cycles in order to balance the Jail budget. County. Administrator Casket' advised that Jail Superintendent Newton is anticipated to :brief the Board at its February 2, 2006 meeting under Special Presentations: // Chairman Wright called for Transportation Matters. Sandon .Rogers, Transportation Planner, made reference to the list contained in the agenda of VDOT responses. to Action Items from various Board-meetings through January 5, 2006. Mr. Rogers advised that the VDOT Resident Engineer would not be present tonight due to illness, and that he would be rescheduled to address the .Board at its February 2, 2006 meeting. Mr. Rogers distributed a copy of the. Secondary Six-Year Plan for the s Board's review. He advised that the format had been: changed, and he was distributing it now to the Board so that it has ample time to review it prior to discussion at its 1ebruary 2, 2006 meeting. Chairman Wright inquired about the status of the $300,000 proposed from Senator Allen for emergency signalization, Mr. Rogers advised. that he had provided a list. of the, fire stations in the County to the Senator's off ee, and that he is awaiting a response regarding which fire stations will be provided such signalization. .'Supervisor Brown relayed his concerns with wetlands and school buses traveling along. the. crooked layout of Route 665/Campbell's Chapel Drive. He noted that the roadway goes directly through the center of a cemetery, and that citizens.. have .expressed their concerns with the adequacy of the roadway due to the amount of funding that will be required to repair it. Mr. Rogers advised that the road is being addressed under the Rural Rustic Road Program, and he ensured Supervisor Brown- that positive .drainage will be created via lifting of the roadway. S 1 ecoK 23.h:.:Efi3 ..Supervisor Clark noted. that VDOT .has installed three (3) -signs advising of the location of the Carrollton Furniture business. He requested staff to stay abreast of the VDOT Sign Program, and that. they continue to .address this issue with the County's legislators. Mr. Rogers recommended that the County also be notified by VDOT when such signage is requested by. businesses. Supervisor Clark requested. that Mr. Rogers investigate how removal of such signage is to be addressed. Teresa .Johnson of Carrollton requested that the stoplight at .the Food Lion on Route 17 be changed to a green arrow versus the existing left-turn arrow with a green ball when the left-turn arrow goes out. Supervisor Clark requested that Mr. Rogers take the necessary action to have VDOT install. a sign indicating alert-turn yield on green. Chairman Wright requested that staff take appropriate action to address Ms. Johnson's concern. // Chairman Wright called for Citizen's Comments. Charles Green of Mill Creek Road distributed information pertaining. to the proposed VDOT Route 460 alignment.. He noted. that $7 millionwould be saved by accepting the alternate route proposed by VDOT over the original route that affected twenty-eight (28) homes in that area. He stated than while there are no available funds currently for this project, he could not sell .his home at the market price as long as the proposed road runs over his house. He stated that VDOT will not change the alignment unless the Board accepts the southern alternative offered by VDOT. He stated if the alignment runs through his. area, the County .will lose approximately $46,000 annually in .tax revenue; however, if the proposed route cuts across the farmland south of the proposed xoute, the County will -only lose $SS I in annual tax revenue. He advised that Channel 10 will soon be doing a story on this matter, and that he would be returning to the Board in May,-.2006 with approximately 200 area residents requesting the Board to send a letter to VDOT selecting the. southern alternative as the Route 460 Alignment, unless an alternative is created before that time. Michael Huffman, :Hardy District resident; requested that an ordinance be developed to increase the amount of existing litter fines by an additional $300, and that the sign be posted on the existing litter violation signs, and posted at the various roads that cross the County's borders with the Cities of Newport News and Suffolk and Southampton and Sunry Counties. He further 6 1 requested.. that an ordinance be developed .that. requires County residents sharing a private road to enter into aroadmaintenance agreement that would set a minimum standard of design and maintenance .before building permits or Certificates. of Occupancy are issued, Herb DeGroft, 15411 Mill Swamp Road, advised. that the. Planning Council for Senior Services of Southeastern. Virginia is in need of two (2) additional. persons to serve, and he recommended that Robert C, Claud, Sr. and Malcolm Clark be appointed. by the Board o fill those vacancies. He .made reference to copies that he had left the -Board .earlier regarding "The Future of Hampton Roads" seminar and .workshop scheduled for January 28, 2006 at Thomas Nelson Community College relative to the issue of regional governments. Chairman Wright formally recognized .Marvin Crocker, the Mayor of the Town of Windsor, who was in attendance at the meeting. 1/ Chairman Wright called for the County Attorney's report. County Attorney Stroman advised that he has reviewed and approved as to form the Virginia Electronic Commerce-Technology Center (VECTEC) Addendum 1 intended to provide additional services related to posting and maintaining the County's website which he recommends the Board authorize the Chairman to execute on behalf of the Board. Supervisor Ivy moved that the Board authorize the Chairman to execute the VECTEC Agreement on behalf of the Board. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy. and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. County Attorney Stroman advised that he has reviewed and approved as to form the change order for SunGard Open Software Solutions, Incorporated (OSSI) to allow for improvements to .the CAD system, specifically the addition of a license for use with the Windsor Police Department to coordinate emergency response, which he recommends the .Board authorize the Chairman to execute on behalf of the Board. Supervisor Clark moved that. the Board authorize the Chairman to execute the change order to the current Agreement. `vith Open Software Solutions, Incorporated (OSSI), which provides for one (1) additional Computer Aided Dispatch Resource Monitor Display License with maps for use 6y the Windsor Police Department. The rrflotion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent-from the vote. 7 1 _ t eooN 23:~:~665 County Attorney.. Stroman stated he. has reviewed and approved as to - form the agreement. with Spatial Systems Associates, Inc. for web hosting to allow for the County's GIS mapping system to be available via the Internet which he recommends the Board authorize the Chairman to execute on behalf of the Board. Supervisor Clark moved that the Board authorize the Chairman to execute the agreement with Spatial Systems Association, Inc. on behalf of the Board. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of .the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. County Attorney Stroman advised. that he had a total of eight ($) matters to discuss with the Board later during the Closed Meeting. // Chairman Wright called for the Community Development Report.. Mark. Harrup, Long-Range Planner, briefed the.' Board relative to staff's .ongoing efforts to address the issue of affordable housing in the County, He requested that the Board authorize staff to proceed-with interviewing the. top two (2) consulting firms, and approve staffs suggested composition of membership'for the. Affordable Housing Task Force. Supervisor Ivy recommended that staff develop an informational sheet ,describing what-the Board is looking-for with respect. to affordable housing which can be distributed to interested developers in the County. Supervisor Brown inquired if there were any known municipalities that have successfully implemented strategies for affordable. housing.. Mr. Harrup replied that some of the proposals did: reference work in other communities, and he offered to review the material and report back to Supervisor Brown. Supervisor Clark requested that staff return the issue of affordable housing to the Board at a time when Supervisor Bradshaw is present.. County Attorney Stroman requested that staff also address: the policy concerns .expressed by Supervisor Ivy when the ..matter is returned to the Board. Supervisor Clark moved- that the Board authorize staff to proceed with ...interviewing the top two (2) consulting firms. The motion was adopted by a vote of (4-0) with.Supervisors Brown, Clark, Ivy and Wright voting in favor 8 ~~~~ 2~3:~-6~~ of the motion; no Supervisors voting agai-nst the motion; -and, Supervisor Bradshaw absent from the vote. The Board discussed the composition of the membership for the Affordable Housing Task Force following the Closed Meeting.. Mr. Rogers presented the final subdivision plat of Ashby West, property of Elliot Cohen, Carrollton Boulevard (Route 17), Newport Magisterial District, for the Board's consideration. 'Supervisor Brown inquired if staff had investigated the Board's previously. expressed. concern with the outfall from the BMP, and how this water will be disposed of. Mr. Rogers explained that. the water will flow into existing outfall ditches. He confirmed that he is satisfied with drainage and recapture capabilities of the BMPs. Mitchell Wilcox, Commonwealth Engineering, verified that the pond is 4.5 feet in depth, and will have a three (3) to one (1) side slope. He advised that. the outfall. would .come .through a pipe in the existing ravine and flow .into the wetlands. .Supervisor Brown indicated .that he would like to further discuss the subdivision plat following the public hearing. -!1 At 7:00 p.m., Supervisor Clark moved that the Board amend the regular order of the agenda in order to conduct the public hearing.. The motion was adopted. by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor. of the motion; no Supervisors voting against the. motion; and, Supervisor Bradshaw absent from the vote. !~ Chairman Wright called for a public hearing on the following: The application of Bobby J. Byrum, :owner, and Sandy Bottom. Materials, Inc., Operator; for a Conditional .Use Permit to operate a 6,4 acre borrow pit on approximately twenty-one (21) acres of land located off Shady Pine Lane in the Windsor Election District. Chairman Wright called for persons to .speak in favor of, or in opposition to, the application. Joshua Pretlow, attorney, representing .the applicant. and owner of the .property, noted that staff's recommendation is that the application be 9 i~ I~ eo~~ 23 ~~~f67 returned to the Planning Commission for. further study. He requested that the Board not send the application back to the Planning Commission noting thaf this matter has been studied by staff for six (6) months, and that part of the conditions of the requirements is that the City of Suffolk must also approve a Conditional Use Permit. He advised that the .matter was heard before the City of Suffolk earlier this. week, and was unanimously approved to refer the application on to the Suffolk City Council with the recommendation of approval subject to similar conditions of the County. He stated the' reason that there are two (2)'applications, one in the County and the other in the City of Suffolk, is because the County shows the existing stream as being ablue- line stream, but the City of Suffolk maps do not show it as a blue-line stream, and the City of Suffolk does nottreat it as two (2) separate areas as the. County does; otherwise, there would have only-been one (1) Conditional Use Permit. He stated the road to the site does not pass any residential homes in ::the. County, and this borrow pit is intended to be a replacement for the Spivey -pits. He made reference to previous Spivey borrow pits which have been reclaimed into pastureland and lakes for irrigation: He stated that Mr. Spivey has handled all previous complaints completely and quckly'as they occur. He stated that only five: (5) homes are affected by truck traffic 'before Route 10 is accessed, and all. required surety bonds have been appropriately addressed, as well as the, hours of operation. He requested that the Board approve the application so that the remaining operating permits can be prepared; and operation of the pit can begin. Chairman Wright closed the public hearing, and called for comments from the Board. County .Attorney Stroman verified. that the application was duly advertised by staff. Chairman Wright inquired what will be done to alleviate any drainage from the borrow pit to the creek area. . Attorney Pre~low replied that the pit will have its own sediment pond.- He stated. there is also substantial surface addition of a berm .and tree areas to control the flow. of water and ensure than it flows into an intermittent. stream that used to flow across the property. He stated the borrow pit will ultimately be used for irrigation with existing farming operations. Supervisor Ivy inquired when the application will be considered by the Suffolk City Council. Attorney Pretlow replied February 15, 2006. County Attorney Stroman inquired if the County. has received the bond as part of the application process. 10 s R so~R 23 ~.i-~6~g Attorney Pretlow replied yPS. He advised that the .City of Suffolk. is requiring as a condition that the applicant bond additional funds .beyond those at the existing pit in Suffolk for potential road damage, and that the applicant has agreed to that condition. Supervisor Clark inquired why staff's. recommendation is that the Board return the application to the Planning Commission. Beverly H. Walkup, Director of Planning & Zoning, .advised that at the Punning Commission level it was not revealed that an application. had been filed in the City of Suffolk for a twenty (20) acre borrow pit.. She stated that she. felt that the Planning Commission should have had all pertinent information for its consideration, and that it did not have an opportunity to react to that information. Supervisor Ivy moved that the Board return 'the. application of Bobby J, Byrum to the Planning Commission so that it is aware that there .will be another borrow pit developed adjacent to the property in the City of Suffolk, and because staff is awaiting approval of the Conditional Use Permit- by the Suffolk -City. `Council. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors-voting against the motion; and, Supervisor Bradshaw absent from. the vote.. !~ Supervisor Clark moved that the Board return to the regular order of the. agenda. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. // Chairman. Wright called for continuation of the Community Development report, specifically the Board's discussion regarding the final subdivision plat of Ashby West, property of Elliot Cohen. - Supervisor Brown expressed. his concern that the wetlands could be negatively impacted...by new water flows directed into. that area. He further expressed a concern with water. being diverted from the pips in that area would result in wetlands. Mr. Rogers advised that .there currently is flow into the existing drainage ditch, and. that the BMP would be piped through that area which will release flows approximately 25-50 feet away from the wetlands. He stated that the. force of the water coming out of the pipe by design will be less ~~ than the amount of water flowing in that area before this development. He stated the amount of flow through that area has actually been reduced by first 11 1 '1 - ~. - r eoa~ 23 -~~~i6~ holding the flow in the BMP and then releasing it over a period of time so ..that the wetlands are not impacted. Supervisor Brown inquired if the controversy about the location of the .proposed traffic lightwas resolved by the Planning Commission. Mr. Rogers .advised that atraffic -light is proposed at the .existing intersection of the Ashby Subdivision. Ms. Walkup advised that a crossover is also proposed at the front of the commerciaF site. Supervisor Brown inquired when the maps were. last updated. Mr. Wilcox replied when the plat was lastrevised on January t l; 2006, and the plat was originally submitted on December 19, 2005.. He advised- that he .had walked .the existing .stream bed with a Corps of Engineers' representative. Mr. Wilcox. further advised. that there .would be a retention pond with .flows being piped 30-40 feet from the wetlands, and that the. flows would be time released based on pre-development flows. He stated that the Corps of Engineers' representative had. confirmed that the wetlands would not be impacted as the stream bed banks would not be exceeded with the addition of anticipated flows. Supervisor Clark moved that the Board. approve the final Subdivision plat of Ashby West. The .motion -was adopted by a vote of (3-0-1) with Supervisors Clark, Ivy and Wright voting in favor of the motion; :Supervisor Bradshaw. absent from the -vote; and, Supervisor Brown abstaining from voting. ,/ Chairman Wright called for the County Administrator's report. a County: Administrator Caskey presented a ..request from the Superintendent of .Public Schools, Dr. Michael .McPherson, .'-for an appropriation of additional funding to cover a shortfall in fuel costs, as well as a request relative to funding of carryover funds for open purchase orders associated with the new Smithfield Middle School. He stated. staff's recommendation- is -that they continue to monitor the fuel costs, and report back to the Board in March, 2006 or April, 2006 with. a more definitive budget shortfall amount. Dr. McPherson. advised that if the Boazd would offer a motion tonight to fund any shortfall experienced in those accounts, school staff would report back to the Board later with more definitive projec#ions. 12 _~. DOOM ~~ ~~?:~".~~~ Supervisor Ivy inquired if the .Board. could legally allow the fuel category to become a deficit number. Ms. DeVary stated because the Board approved the School Board budget: by category, the School Board would be. responsible for ensuring that its line items do not go into a deficit, Supervisor Ivy inquired if the School Board could allow a line item to go into a deficit. , County Attorney Stroman replied no. Supervisor Clark agreed with Dr. McPherson's request that the Board could guarantee.. that. it will. address any deficits; however, he noted-that he was not in favor of issuing a blank check. He recommended that the. Board -pay any shortfalls up to $150,000 at this. time, and that the School Board come back to the Board if that amount is not sufficient. Supervisor Clark moved that. the Board direct Liesl DeVary and Steve Jenkins to report back to the Board with their recommendations for transfers at the Board's February 2, 2006 meeting. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting. against the emotion; and, Supervisor Bradshaw absent from the: vote. Dr. McPherson requested the Board appropriate $62,000 in carryover funds to address the fire alarm system at Smithfield High School; install magnetic holders on certain doors; and, address other items listed in his report. Supervisor Ivy moved that the Board direct Ms. DeVary to prepare a resolution for the Board's consideration at its February 2, 2006 meeting transferring carryover funds from last year to this year in the: amount of $62,344.10. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy. and Wright voting in favor of the motion; no Supervisors voting against-the motion; and, Supervisor Bradshaw absent from the vote.. Kari Sletten, GIS Technician,. demonstrated. a newly provided service to the community relative to the accessing of GIS snap information on the County's website. She noted that this service provides enhanced .direct access of GIS data by the public, and greatly reduces staff time. involved in its provision. She also provided an overview of the information available in the County's GIS database by County departments, citizens and businesses, Ms: Sletten provided a visual presentation of the proposed pixel resolution with respect to orthophotography capabilities. She advised .the Board of an opportunity provided by the State 2006 Virginia Base. Mapping Program that will provide. updated GIS data statewide. She stated the data 13 1 -i 1 1 I~ ~,~ (~(~ /~ provided will enhance the County's current two (2) foot ` pixel orthophotography to a .one (1) foot resolution, and the County can elect to upgrade the one (1) foot resolution to six (6) inches fora .cost of $187,080. She stated this. upgrade will allow for GIS data quality that supports two (2) foot contours -for use by the .County's Public Utilities Department, Department of Emergency Management, and the Department of Planning & Zoning. She noted that should the Board approve the upgrade option, additional funding in the amount of $14$,000 needs to be included in the FY 2006-07 Operating Budget. She stated partial .funding of $40,000 far this upgrade is available in the current Operating Budget. Supervisor Ivy moved the Board authorize staff to notify the State of the County's election to upgrade its pixel resolution from "one (1) foot to six" (6) inches with - additional funding to be provided in the FY2006-07 Operating, Budget. The motion was adopted by a vote of (4-0) with. Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;. and, Supervisor Bradshaw absent- from the vote. // Chairman Wright called for Appointments. Chairman Wright moved- that the Board appoint Toni Willis, replacing -Chris Jarrins on the Beautification .Committee, representing the Windsor District. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. Supervisor .Clark moved that the Board reappoint. Debra Thurston to serve on the Beautification :Committee,. representing the Newport District. The motion was adopted by a vote of (4-0) with Supervisors Brown,. Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. Supervisor Clark moved that the Board appoint the Director of Planning and Zoning, Beverly H. Walkup, to replace Jonathan W. Hartley on the. Coalition of High Growth. The motion was adopted by a vote of (4-0) r with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion;` no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. Supervisor Clark 'moved than the Board appoint the Director of .Planning and Zoning, Beverly H. Walkup, to replace Jonathan W. Hartley on the Hampton Roads Air Pollution Control District Committee. The motion was adopted by a vote of (4-0) with Supervisors .Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. E. 14 seQ~ 23 a;rf 72 Supervisor Clark moved that the-Board appoint Beverly H, Walkup, replacing Jonathan W. Hartley on the Newport Development Service- District Corridor Revitalization Committee. The motion was adopted by a vote of (4- Q) with Supervisors Brown, Clark, Ivy and 'Wright voting. in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. // Chairman Wright called for Old Business. County Administrator Casket' readdressed the issue of livestock being attacked by wild dogs with `the Board.. He stated that the County's Animal Control staff had previously made a recommendation relative to the amount of compensation- for a particular incident. He recalled that the property owner involved had previously requested reconsideration for -his being compensated .for four (4) additional animals that Animal Control had previously identified as "possible".attacks by wild. dogs. He stated Animal Control -staff has revisited the issue, and is now recommending that the Board consider including the four (4} additional animals as part of the cumulative compensation to the property owner. Supervisor Clark inquired why Animal Control. staff had changed its original opinion. on the number of animals that were attacked by wild dogs. County Administrator Casket' advised that in 2003 a similar compensation was made to the same property Owner, There were additional animals at that time for which the County did compensate the property owner classified as "possibly" killed by wild dogs.. He stated that Animal Control staff feels. that, for the purpose of consistency, that the property owner be compensated at this time for these additional four (4) animals, just as the County had 'compensated the .property owner -for the other animals that were listed as "possible" attacks by wild dogs in 2003.- Supervisor Clark stated that the County has not received other claims from property owners who are experiencing attacks from wild dogs, He stated that the County had already compensated. this property owner in _2003, and he felt that at some point this =property. owner has an obligation to begin ..protecting his animals. He stated that the state statute requires the County to pay for livestock that are clearly thought to be attacked by wild dogs, and he is notin favor of payingadditional compensation. to this property owner. Supervisor Brown moved that the .Board authorize compensation in the cumulative amount. of $5,600 subject to the execution of a full and final release for the .remaining sixteen (16} animals, as recommended and presented by .staff. The motion was adopted by a vote of (3-1) with Supervisors Brown, Ivy and Wright voting in favor of the motion; Supervisor. I5 1 1 i~ 1 1 Bradshaw absent from the vote; and, Supervisor Clark voting in opposition to the motion.' !/ Chairman Wright called for New. Business. Supervisor Ivy referred to a letter from the County Administrator . transmitting a memorandum dated January 5, 2006 from Anne Seward, Assistant County Administrator, relative to her recommendation that the Information .Services Coordinator position be upgraded and. filled immediately. Supervisor Ivy moved that the Director of Information Services position be created immediately, and that the.. $20,000 that is currently budgeted .for oversight technology services for the School Division, shall be - returned to the County so that those funds can be utilized to fund the higher grade for the. new employee. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark,. Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; -and, Supervisor Bradshaw absent from the vote. Supervisor. Clark inquired if a new date has been set for the. quarterly emergency preparedness meeting. Richard O. Childress, Director of Emergency Management,. advised. that a proposed date is currently under consideration. Supervisor Ivy advised- that at the most recent meeting of the Smithfield Intergovernmental Relations Committee the Memorandum of Understanding was discussed pertaining to cost sharing. -for the fire and rescue facility. He stated that the draft Memorandum of Understanding was different that what was .proposed by the. Town of Smithfield, and that he would like for staff to review the difference in cost. sharing, and develop. a consistent plan .for the two Towns and for the County, as a whole, relative to the funding of fire and rescue facilities.: Supervisor Ivy moved that the .Board .direct County Administrator Caskey to review the difference in cost sharing in the draft Memorandum of Understanding and what was proposed by the Town of Smithfield, and to consider the possibility of developing a consistent plan for the two (2) Towns- . and for the County, as a whole, relative to funding for.. fire and rescue facilities:- The ..motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting. in favor of the motion; no Supervisors .voting against the motion; and, Supervisor Bradshaw absent from the. vote. // I6 q e enaK 23.r:~674 - County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.? and A.3 of the Freedom of Information Act to receive. legal advice and to discuss the acquisition of private property for a public purpose; under Section 2.2-3711.A.7 to receive legal advice concerning .actual litigation; .under Section 2.2-3711.A.7 to receive legal advice regarding the payment of proffers by the Town; under Section 2.2-3711.A.7 - and A.6 to receive .legal advice and to discuss the investment of public funds for a contractual purchase; under Section 2.2-3711.A.7 and A.6 to receive legal: advice and to discuss the investment of public funds• for a contractual matter; under. Section 2.2-3711.A.7 to receive legal advice regarding matters relevant to' annexation by the Towns; under Section 2.2-37 T1.A.6 and A.3 to discuss. a mater involving the purchase of private property. for a public purpose; and, under Section 2.2-3711 A.7 and A.1 to discuss personnel matters and to receive legal advice. relevant to those personnel matters as they affect the performance and salaries of a specified .County employee. Chairman Wright: moved. the Board convene in Closed Meeting following a five (5) minute recess for the reasons .stated by the County Attorney. The motion was adopted by a vote of {4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. Supervisor Clark-moved the Board return to open session. The motion was adopted by a -vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote, Supervisor Ivy moved that 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 V-irginia requires a certification by this Board of Supervisors that such closed .meeting .was conducted inconformity 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 certifcation 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. 17 ~I 1 r . eo~K ~ -aa~~~~ VOTE AYES:. Brown, Clark, Ivy and Wright NAYS:- 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Bradshaw // Supervisor Ivy movedthat while keeping the boattax unchanged at this time,: that if the Cities of Newport News or Suffolk change their boattax; that staff alert the Board so that the Board can reconsider whether or not the County's boat tax also needs revision. The motion was adopted by a vote of (4-0) .with Supervisors Brown, Clark; Ivy .and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor .Bradshaw absent from the vote. Supervisor Clark moved that the Board receive the report from the Route 58 Business Revitalization Committee. -The motion was- adopted by a vote of (4-0) with Supervisors Brown, Clark, .Ivy and Wright voting. in favor of the motion; no Supervisors .voting against the motion; and,. Supervisor Bradshaw. absent from the vote. Supervisor Clark further moved .that the Board, before endorsing or ' moving. further along in the efforts proposed by the Route 58 Business c Revitalization Committee, know what the dollar costs will be with respect to parks & recreation, public utilities, economic development, and other involved County departments, as well as what- the return on the County's. investment will be, i.e., timeframe and capital costs. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting. in :favor of the motion; no Supervisors ..voting .against the motion; and, Supervisor Bradshaw absent from the vote. Supervisor Clark recommended that the Board defer action on the composition of membership for. the Affordable :Housing Task Force until staff has spoken with the vendors and reported back to the Board. /1 18 euoK ' 23 ~~~f 76 At 10:15. p.m., Supervisor Clark moved that the Board adjourn its meeting. The motion was adopted by a .vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the vote. w •. , omas J. right I, Chairman i W. Dougl lcey, Cler 19- ~i