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04-18-2006 Regular Meetings REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE EIGHTEENTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D; Gark, Vice-Chairman.. Thomas R. Ivy ABSENT:, Phillip A. Bradshaw James B. Brown, Jr. Also Attending: Mark Popovich, Assistant County Attorney W. Douglas Casket', 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 b:00 p.m. // Chairman Wright delivered the invocation. f/ The Pledge of Allegiance was conducted. !! Chairman Wright called for approval of the agenda, Chairman Wright noted that a request to table Fublic .Hearing Item (D.), the application of Elisha Junious Stokes and Cecile Gale'Lewis, until the Board's May l 8, 2006 meeting, had been submitted by the agent. for the applicant in a letter dated April 18, 2006. Assistant County Attorney Popovich requested ..that the following ..amendments be made to the agenda: Under the County Attorney's report, the addition of an -Item (D), consideration of a .Resolution Advising of the ...Intention of the Board • of Supervisors of the County of Isle of Wight, Virginia to Visit the County of Isle of Wight in the United Kingdom of Great Britain. Under New Business, he requested an addition of Item. (J.) Resolution of .Support that the Virginia Department of Health Favorably Consider the Issuance of a Certificate of Public Need for the .Ambulatory Surgery Center Proposed by the Riverside Health System;. addition of Item (K.) discussion of current legislation regarding the Hampton Roads Transportation Authority; and, the. addition of Item (L:) consideration of a 1 1 1 r i ~i 9DQM ~~ ~'=:r ~~ renewal agreement with the Tidewater Regional Group Home Commission.. He further requested that under Closed. Meeting, two (2) personnel matters be added, and under New Business, the addition of seven (7) items. Supervisor Clark moved that the Board table Public Hearing Item (10.D.), the application of Elisha Junious Stokes. and Cecile Gale Lewis, until the Board's May 18, 2006 meeting, as requested by the agent for the applicant in a letter dated April 18, 2006. The motion was adopted by a vote of (3-0) with .Supervisors Clark, Ivy and Wright. voting in favor of the - motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Supervisor Clark moved that the Board approve the. agenda, as amended. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy .and .Wright voting in favor of the motion; no Supervisors voting against the. motion;. and, Supervisors Bradshaw and Brown absent .for the vote. // Chairman Wright indicated the Consent Agenda included the following items: A. William Leslie Reid Day Resolution to Designate May 14, 2006 as William. Leslie Reid Day in Carrollton B. Victim Witness Assistance Program Grant - FY 07' and FY 08' Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds in the amount of $47,343 Received from the Commonwealth of ~ Virginia Department of Criminal Justice Services in the FY - 2006-07 Operating Budget of the County of Isle of Wight,. Virginia Resolution to Authorize the Submission - of a Grant Application and to Accept and Appropriate Funds in the amount of $47,343 Received from the Commonwealth of Virginia Department of Criminal Justice Services in the FY '2007-08 Operating Budget of the County of Isle of Wight, Virginia s C. Rescue Squad Assistance Fund- (RSAF) Grant Resolution to Accept and Appropriate Grant and Donated Funds for the Office of Medical Services Consolidated Grants Program 2 s e 9oor. 24 {~F 24 D. .Virginia. School. Resource Off cer Grant Program Resolution to Accept and Appropriate Funds from the Department of Criminal Justice Services and the Public School Division for the .School Resource Officer Grant Program E. Southern Development Committee -Revision of Action Plan x F. Southern Development Committee -Beautification Project G. Personnel Policy Addition.. Resolution to Amend the County Personnel Policy to Add Locally,Funded Supplements and Pay Increases for Employees of Constitutional Officers Policy H. Planning Commission Action List of March 28, 2006 i. Delinquent Real Estate Tax Collection Monthly Report J. March 16, 2006 Regular Meeting Minutes K. March 23, 2006 Town Meeting Minutes L. March 30, 2006 Budget Work Session Minutes Supervisor Ivy moved -that the Consent Agenda .be adopted. The... motion was adopted by a vote. of (3-0) with Supervisors, Clark, Ivy -and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. ii Chairman Wright called for Regional Reports. Chairman Wright .reported that the most recent meeting of the Mayors and Chairs was cancelled; however, there .may be a meeting. called concerning the closure of the -Ford. plant. .Supervisor. Clark offered to attend the Mayors and Chairs meeting on behalf of Chairman Wright if a meeting was called while he is visiting Isle of Wight, England. He requested that staff advise him if such a meeting is called: Chairman Wright reported that a presentation .was received by the Southside Mayors and Chairs relative to wellness/homeless/drug problems.: He further reported that the closure of the Ford plant was discussed. 3 II 1 ~'eAx ~~ ~d~~ ~~ Chairman Wright. reported -that at the most recent meeting of the Western Tidewater Regional Jail there was discussion on the realignment of the jail relative to work release and weekend inmates. Chairman Wright reported that a meeting of the Western Tidewater Water. Authority has been set to include a tour of the water plant. Supervisor Clark reported that the High Growth Coalition would be meeting again during the VACo meetings next month. // Chairman Wright called for Citizen's Comments. Renee Rountree, Riverside .Health Systems, advised that a public hearing had been held at Obici Hospital to receive comments. relative to a two-bed surgical center in the proposed Benn's Grant development. She stated that on May 9, 2006, the Eastern Virginia Health Systems Agancy Board would be meeting to advise of its approval or. denial of the surgical center. County Administrator Caskey reminded the Board that a Resolution of Support that .the Virginia Department of Health Favorably Consider the Issuance of a Certificateof Public Need for the Ambulatory Surgery Center Proposed by the Riverside Health System had been added as an item under New Business under the Approval of the Agenda. // 4 Chairman Wright called for the County Attorney's report.. Assistant County Attorney Popovich presented a proposed National Provider Identifier. Application which would allow. the County to eliminate. the multiple numbering .system it currently. employs, in favor of one (1) single number, when dealing with CMS and other insurance agencies: He advised that the County Attorney recommends that the Board authorize the County Administrator to be .listed on the Application as the authorized official and the Director of Emergency Management as the contact person, and that the: County Administrator be authorized to execute the Application on behalf of the Board. Supervisor Ivy moved that the Board authorize the County Administrator to be listed on the National Provider Identifier Application as the authorized official and the Director of Emergency Management as the- contact person, and that the County Administrator be authorized to execute the Application on behalf of the Board. The motion was adopted. by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion;.. .., ~„ i . no Supervisors ~ voting against the motion; and, Supervisors. Bradshaw and Brown absent for the vote, Assistant .County Attorney Popovich presented a Resolution of Appreciation to Mrs. Betty.. E, Hanlon expressing the Board's .thanks and .appreciation for her work in designing the Isle of Wight:County seal.. He .noted that Mrs. Hanlon would be asked to attend the May 4, 2006 meeting to receive the formal Resolution. He advised that the County Attorney `..recommends that the Board authorize the Chairman to execute the Resolution on behalf of the Board. Supervisor Clark moved that the Board authorize the. Chairman to execute the. following Resolution on behalf of the Board expressing its thanks and appreciation for her work in designing the Isle of Wight CDUnty Seal: RESOLUTION OF APPRECIATION TO MRS. BETTY E: HANLON WHEREAS, .Mrs. Betty E. Hanlon is a dedicated citizen: of Isle of Wight County, Virginia; and, .WHEREAS, Mrs. Hanlon is a devoted teacher to the children of Isle of Wight County, Virginia, as well as an accomplished artist; and, WHEREAS, Mrs. Hanlon .participated in and won the Isle of Wight County, Virginia county seal contest held in preparation of Isle of Wight County's 350`h anniversary in 19$4; and, WHEREAS,-the Isle of Wight County Board of Supervisors wishes to `show its appreciation and thanks to Mrs. Hanlon for her design of the Isle of Wight County seaC and her willingness to license the seal to the County. NOW, THEREEFORE,BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, on this day, extends to Mrs. Hanlon- its heart felt thanks and appreciation fora designing and licensing the official county seal of Isle of Wight County, Virginia. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent -for the vote. Assistant- County Attorney Popovich noted that .included in the agenda is a Deed by and between the .Board of Supervisors and Terry/Peterson Development One, L.L.C. which conveys. a small parcel of Land within the Eagle Harbor Subdivision upon which is located a Department of Utilities' pump station.. He noted. that the matter was. included in the- agenda as an informational item because of the `Board's previous request that it be 5 1 ~` 1 1 eo~K 24 ~r~:F 27 informed when the County Attorney signs off on conveyances that he accepts on behalf of the Board. Assistant County Popovich stated for purposes of complying with the Freedom of Information Act, included in the agenda is a Resolution Advising of the Intention of the Board of Supervisors of the County of Isle of Wight, Virginia to Visit the County of Isle of Wight in the United Kingdom of Great Britain. He advised that the.. County Attorney has reviewed the Resolution and recommends that the Board authorize .the. Chairman to execute the Resolution on behalf of the Board. Supervisor Ivy moved that the Board adopt the following Resolution: RESOLUTION ADVISING OF THE INTENTION. OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA TO VISIT THE COUNTY OF ISLE OF WIGHT IN THE UNITED KINGDOM OF GREAT BRITAIN WHEREAS, the Isle of Wight (England) Council has formally extended an invitation to the Board of Supervisors to visit the County of Isle of Wight in the United Kingdom of Great Britain; and, WHEREAS, it is the expressed intent. of both Counties to strengthen these relationships and to formalize them and make them permanent, and to promote exchanges between the citizens of both localities; and, WHEREAS, the. Board. of Supervisors has also formally extended to -the Isle of Wight Council an invitation to visit Isle of Wight County, Virginia during the 2007 festivities related to the. 400` year celebration of America's .first permanent English settlement at Jamestown.. NOW, THEREFORE, BE IT AND- IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia .will be visiting the County of Isle of Wight in the United Kingdom of Great .Britain .from- Saturday, Apri-( 22, 2006 until. Monday, May I, 2006. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion.; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Assistant County Attorney Popovich reminded the Board that two (2) personnel items were added under Approval of the Agenda far discussion later during Closed Meeting. // Chairman Wright called for the Public Utilities report. 6 _ _. . _. ~ e 9o~K 24 {M~= 28 Assistant County. Administrator Rountree, responsive to "the Board's request for additional information at its April 6, 2006 meeting relative to the issue of the Camptown Development Service District (CDSD) well permit, advised that the expiration of the County's: well permit is November 1, 2007, and that the Department of Environmental Quality (DEQ) has the authority to withdraw the County's permit application if the well system is .not totally. complete by that date, and if the County- has not received an operational permit from the Virginia Health Department.. He further; advised that DEQ also has the administrative authority to grant the County an extension of the, permit if the. County -has .made reasonable progress on the project by November 1, 2'007, .and that staff will be requesting written verification of this from DEQ. Regarding the draft Master Water and .Sewer Plan, Assistant County Administrator Rountree advised that staff had received a revised estimate relative to design and construction costs from an engineer of approximately X2.5 million. He advised it will take approximately two (2) years to complete the:project. Chairman Wright requested that staff add this matter to the Board's agenda for its May 4, 2006 meeting as an Old Business item. Assistant County Administrator Rountree presented a Well Dedication Document for the Carrsville water system outlining the geographic area encompassing the wells, to include at least fifty (50) feet around the wells, to be used for water supply purposes only. Supervisor Ivy moved that the Board approve. the WeII Dedication Flat and Well Dedication: Document; authorize the Chairman to sign the documents on behalf of the Board; and, authorize staff to record the documents and forward them to the State Health Department. The motion . was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. f/ Chairman Wright called for Appointments. Chairman Wright .moved. that the Board reappoint Allen E. Brown to serve on the Parks and Recreation Advisory Committee representing the Windsor District. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote.. // 7 1 I~ 1 ee~~ ~~ ~a::r ~~ Chairman Wright called for Old Business. There was no old business offered for discussion by the Board. // Chairman Wright. called for New Business.: Supervisor Ivy requested that his previous motion to move forward with the new Fire and Rescue Training Coordinator position responsible for recruitment and retention be withdrawn, and that in its place $25,000 be allocated in .the Fire and Rescue .budget for FY 06-07 far training classes versus adding the new person at this point in time. Supervisor Clark moved that the Board reconsider. Supervisor Ivy's previous motion at the Board's April 6, 2006 meeting. relative to` moving forward with the new .Fire and Rescue Training Coordinator position responsible for recruitment and retention. The motion was adopted. by a vote of (3-0) :with Supervisors Clark, -Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; ..and, Supervisors .Bradshaw and Brown absent for the vote. Supervisor Ivy moved to allocate $25,000 in the Fire and Rescue .budget for FY 06-07 for training classes to pay for the State to conduct.-these classes in the County at staff s convenience on ayear-round basis, in -lieu of moving forward with the Fire and- Training Coordinator Position as discussed at the Board's April 6, 2006 meeting. -The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and. Wright voting in favor of the motion; no Supervisors. voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Supervisor Ivy moved that the $3,000 which was placed in the Contingency Fund last calendar year by former Supervisor MacManus for the Chamber of Commerce for the Farmer'sMarket in the Town of Smithfield be released from the Contingency. Fund and allocated to the Chamber of Commerce for .the Farmer's Market beginning: in May, 2006. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Chairman: Wright noted that the Board initially allocated $2,500 to the Chamber of Commerce for. seed money, and it had requested that the Chamber locate a corporate .sponsor. He further noted that the Board has been providing this seed money for at least the last three (3) years. a ao 24 ~~= 3d Supervisor' Ivy reported that the. Chamber had located a corporate- sponsorship this year, and that the funding had been utilized to expand .the market. Supervisor Clark stated because the market brings in a number of individuals that would otherwise not visit the County he would be agreeable to providing seed money, Supervisor Ivy moved to allocate $2,500: in the FY 06-07 Operating. and Capital Budget for the Chamber of Commerce to complete total funding of $S,S00 for the Farmer's Market. The motion was adopted by a vote of (3- 0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors- voting .against the motion; and, Supervisors Bradshaw and Brown'absent for the vote. Supervisor Ivy reported that staff had recently met with school administration .staff and discussed how the budget. had been developed in the past; the season for which. the .budget had. been done in that fashion; and, changes that the. School Board and County staff wished to see implemented in the. future. He recommended Ghat next year's budget be accomplished utilizing uniform assumptions. Supervisor Ivy moped that the Board direct County staff to review and report back. to the Board. regarding the feasibility of basing next year's County and School Board budget on utilizing uniform .assumptions for .budgeting purpases. The motion. was adopted by a vote of {3-0) with Supervisors. Clark, Ivy and Wright voting in .favor of the .motion; no Supervisors voting against. the motion; and, Supervisors Bradshaw and Brown absent for the vote. Supervisor Ivy moved that the Board direct staff to review and report back'to the Board regarding the feasibility of fully funding the fuel category for the school administration, to include any shortfalls that may occur within that category. The. motion was .adopted by a vote of {3-0) with Supervisars Clark, ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw .and Brown absent for the <. ,. vate. Supervisor -Ivy moved that the Board direct. staff to advise Steve Jenkins, Director of Finance for the school administration, and another school administration representative familiar with engineering practices, of the Board's desire that hey be present at the Board's May 4,.2006 meeting to discuss a cause and effect solution to the energy use problem That exists at the Smithfield Middle School, and to advise if this is an isolated case or if it is .occurring at other school facilities .throughout the County. County staff is further directed to investigate if any energy use issues currently exist with the County's new Administration Buildings The motion. was adopted by a vote of (3-0) with Supervisors .Clark,. Ivy and Wright. voting in favor of the 9 i _ 1 1 1 1 II ~oeK 24 ~,~ ~~ ;~.: motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent.for the vote. Supervisor- Ivy moved that staff investigate and report back to the Board regarding the end student count .for this calendar school year, as well as what the projected increase is for next calendar school year. The motion. was adopted by a vote of (3-0) with Supervisors Clark,. Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Supervisor Ivy moved that staff be directed to provide the Board with copies of the Emergency Operations. Plan for the upcoming hurrieaneseason at the Board's May. 4, 2006 meeting. The motion was adopted by a vote of (3- 0) with Supervisors Clark, Ivy and Wright voting in favor of the. motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Supervisor Clark moved that. staff be directed to review and amend the Chesapeake Bay .Preservation Area Ordinance in a fashion that will encourage citizens to spend money on shoreline protection. The motion was adopted by a .vote of (3-0) with Supervisors Clark, Ivy and Wright. voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the: vote.. County Administrator Casket' presented a Resolution of Support that the Virginia Department of Health Favorably Consider the Issuance of a Certificate of Public Need for the Ambulatory Surgery Center Proposed by the Riverside. Health System for the Board's consideration. Supervisor Clark moved that the Board adopt the following Resolution: RESOLUTION OF SUPPORT - THAT THE VIRGINIA DEPARTMENT OF HEALTH FAVORABLY CONSIDER THE ISSUANCE OF A CERTIFICATE OF PUBLIC NEED FOR THE AMBULATORY SURGERY CENTER PROPOSED BY THE RIVERSIDE HEALTH SYSTEM WHEREAS, the Riverside Health System has maintained a'significant presence in Isle of Wight County far more than twenty (20) years with the establishment of a nursing home, dialysis facilities and physician care; and, WHEREAS, .Isle of Wight County's population of senior residents aged 65 and over has grown significantly, with this age group projected to increase by 63% in Isle of Wight County between 2000 and 2010; and, WHEREAS, there is no public. transportation available to Suffolk or Portsmouth, and limited service to Newport News,. thereby causing Isle of 10 a Wight residents to depend on family_and/or friends to routinely take them to medical facilities in these adjoining cities for needed health services; and,. WHEREAS, on April 18, 2006, .the Eastern Virginia. Health Systems Agency will conduct a publichearing on the application for a Certificate of Public Need for an ambulatory. surgery center proposed to be developed in .Isle of Wight County by Riverside Health System; and, WHEREAS, Riverside Health System is attempting to locate and provide health services where.they are most convenient and accessible to the County's growing population, NOW;. THEREFORE, BE IT AND IT IS RESOLVED. that the Board of Supervisors of Isle of Wight County, Virginia, supports .and respectfully requests the Eastern Virginia .Health Systems Agency and the Virginia Department of Health favorably consider the issuance of a Certificate of Public Need for the ambulatory surgery center proposed in Isle. of Wight County by the Riverside Health System. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and. Wright voting in favor of the motion; no Supervisors. voting against the.. motion; and, Supervisors Bradshaw and Brown absent for the vote. Donald T. Robertson, Director of Information Resources and Legislative Affairs, briefed the Board relative to proposed legislation to create a regional Hampton Roads Transportation Authority. The legislation .would grant the :authority the power to control, operate, impose and collect tolls for use. on any new or improved highway, bridge, tunnel, or transportation facility constructed by the Authority within the boundaries of any of the political subdivisions within the Authority. Further, the legislation would impose a l% .`sales tax in the political subdivisions .within. the- Authorityfor use. by the Authority for transportation projects. Currently, the. legislation does .not include Isle of Wight County. Mr. Robertson advised that staff has requested that the legislation be amended to include the County. Supervisor Clark moved that the Board authorize staff to represent that this Board is in ..agreement with our entry into the Hampton Roads Transportation Authority. The motion was .adopted by a vote of (3-0) with Supervisors Clark, Ivy .and Wright voting in favor of the motion; no Supervisors voting against. the motion; and, .Supervisors .Bradshaw and Brown absent for the vote. // Supervisor Clark moved that the Board take a recess. The motion was adopted by a vote. of (3-0) with .Supervisors Clark, Ivy and Wright. voting in favor of the emotion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. 11 } 1 1 I~ 1 90 24 {~; ~ 33 Supervisor- Clark moved. that the Board return to open session. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the .motion; and, Supervisors Bradshaw and Brown absent for the vote. // At 7:00 p.m., Supervisor Clark moved the Board. amend the regular order of the agenda in order to conduct -the public hearings. The motion was adopted by a vote of (3-0) with. Supervisors Clark, Ivy and. Wright voting in favor of the motion; no Supervisors voting .against the motion; and, Supervisors Bradshaw and Brown absent for the vote. // Chairman Wright called for a public hearing on the following: A. Proposed Budget for the County of Isle. of Wight for Fiscal Year July 1, 2006 Through June 30, 2007 Chairman Wright called for those. persons who wished to speak in favor of, or in opposition to, the proposed Budget. Herb 1JeGroft of 15411 Mill Swamp Road.. spoke in favor of the proposed Budget as recommended by the County Administrator. He stated the school portion of the Budget makes up the largest portion, and he believes. that the .schools in the County could be run efficiently to the benefit of the. youth and school staff with the increase recommended by the County Administrator. He stated .that there has been an increase of 41 % in non- . classroom-related expenses over the last four (4) years, and that the total budgets have increased from $41.4 million to $58.4 million as requested this year. He stated that the findings of the efficiency review recently completed by the school administration will be delivered to the Superintendent in a draft .report this month, with the final. report due next month, and that he would- recommend that the Board review that report before giving. -its final approval to the portion of the proposed Budget relative to the school's request. He stated that he believes the. school administration has been asking for and ineffectively spending more than $1_.5 million per year. He concurred that teacher's salaries need to be increased to put the County in a more competitive pay position relative to the greater Hampton Roads area, and -the Superintendent failed to utilize $1.$ million and $1.5 million in fiscal years 2003 and 2004 for teacher's salary increases, and he is now requesting an additional $2 million to correct a problem that he had .the opportunity to correct previously. He stated that the Superintendent must exercise cost reductions and cost controls system-wide, especially in non-classroom areas of the budget and undertake energy conservation measures and reduce central office staff. He advised that the- Carrollton Volunteer Fire Department -has 12 eoo~ 24.r{fi 34 volunteered to conduct thermal imaging of the various school ..facilities to determine where energy is being lost, but the Superintendent has not. taken them upon their offer. Grace Keen of Benns Church Boulevard stated it has been the goal of the Commission on Aging to do whatever is necessary to help seniors and handicapped individuals remain in their homes.. She noted that this can be accomplished by providing homecare and tax, relief to these individuals, and it will,: in the long run., be less costly to taxpayers. She requested .the Board to consider raising the exemption to $30,000 and net worth, not including the home, o $200,000. . Matthew Deans, Transition Coordinator Independence Center, requested funding in the amount of $5,000 which would support the cost to have staff .regularly travel to the County to meet with. their residents. He advised that a goal of the Center in the- near ..future is to establish a satellite office based in western tidewater in order to better serve residents locally and to purchase an additional van to .use to transport consumers to the .satellite office for services. Sharon Hart concurred with the .comments offered by Herb DeGroft earlier regarding the school administration. She stated the position created as a Construction Liaison is a duplication, and a waste of CIP and taxpayers' .dollars. She recommended not funding that position and combining some of the ®ther positions mentioned in Herb DeGroft's letter to the Board.. She advised that the Isle of Wight Citizens Association would like for -the Superintendent and the School Board to provide a written statement that the increase.. staff is recommending would be .spent on teachers' salaries, supplemental staff, and insurance and. energy insurance, but .not administrative staff. She stated with respect to the County's budget, she would like to see restraint by the Board on its spending. She specifically inquired -what responsibilities the -new Procurement Manager' position will entail, and what responsibilities will be withdrawn from other positions that someone else has been doing, in the past. Pamela Fabbets of Mill Creek Drive was highly complimentary of Dr. McPherson's plan. which. shows a school. system that excels. She stated growth means additional taxes, and more school=age children in the system, along with special needs children. She stated occupational and physical therapy services can .not be .cut, as they are guaranteed for each student per their need and .protected under federal law. She requested that the Board fully fund the school budget... Hayes Griffin of Old .Mill Road requested that he Board return the school budget to the. School Board so that the fat can be trimmed and a budget returned that is based on true need. 13 1 1 1 1 1 eoe~ ~~ ~~t~ ~~ Risk Shelton, Smithfield.Middle School-teacher, spoke in favor of the school budget and its increases for teachers and additional teaching positions.. He stated instructional aids are not available at the Smithfield Middle School for Science and Social Studies, and additional. staff is necessary in order to provide a quality education for all students.. He stated that the School ..Board's budget .proposal is actually conservative, and. there are even additional funds that area needed that have. not been addressed. He stated additional buses are needed, fuel costs have increased, and that there are ways other than assessments to increase revenue in the County. He stated it is time to have a school spending plan that addresses the needs of today and that of tomorrow. He noted that the cost per student is not declining, and local funds .are below the state average significantly. Larry Cummins, school teacher, advised that he could not afford to live in the County, and- he requested that the Board fully fund the school budget as submitted by the School. Board which does. represent -the true needs. of the ..school system. Joni Griffin of Old Mill Road stated that she is in favor of providing salary increases. to teachers.; however, the funds are being used in the central office to pay administrative salaries and consultants, and not for education enhancement. She stated that .she is not confident that the school administration. will spend taxpayers' dollars. in the best possible way, and she requested -that the Board approve the 'County Administrator's proposed budget... John Littlefield,. Isle of :Wight County Schools Maintenance s Department, stated his department has had two (2) vacancies since before Christmas because the salaries being. offered for these positions are inadequate. He advised. that he has had. to contract out certain jobs which, costs the County more to have contractors perform these jobs. He requested that the .Board fully fund the School Board's budget, so that it will entice workers to want to be employed by the County. Thomas Fnderson of Sugar Hill Road noted that increases over the ast several years in the School Board budget have surpassed traditional increases. He advised that the School Board members -had asked few questions of its staff at the public hearing on the proposed school budget. He noted that the County's ability to pay index. has decreased, and the Board must now begin to control its spending in order to deal with the senior citizens now living in the County. Lawanda Brown of Benn's Church Boulevard :expressed support for .full funding of the School Board's budget so that the best of teachers can be hired and retained. She stated students have all different types of needs, and to pull support from needy students is unethical. 14 ao~~ 24.x.., 36 Dr. Morgan Wilson of Suffolk stated the reason for the school system's continued improvement throughout the years is because of its dedicated teachers, .coaches, supportive. parents and effective administrators. He stated that he wanted to see trust and integrity in the budget, and that the teachers receive the pay raises they deserve. He stated that the administration's job is to serve and ensure that all the needs of those under them are met before looking. in the mirror for themselves. Ramon Sandoval, Art Teacher at Carrollton. Elementary School, spoke in favor of the Board fully funding the-School Board's budget. He noted that the educational reimbursement offered 6y the school administration is lacking behind other jurisdictions. Chairman Wright closed the public hearing and advised that the Board is required by law to wait seven (7) days before acting on the proposed budget. He advised that the Board would vote on the budget at its May. 4, 2005 meeting. Chairman Wright called for a public hearingon the following: B. An .Ordinance to Amend Appendix B. Zoning. Article IX. Signs, Section 9-1013.C and Section 9-1013.D. The Ordinance would allow the replacement and repair of non-conforming signs that identifies a legally established -use existing prior to the adoption of the first Zoning Ordinance dated February 6, 1970. Chairman Wright called for persons to speak in favor of, or in opposition.to, the proposed Ordinance: No one spoke in favor or in opposition. Chairman ~Nright closed the public hearing and called for comments from the Board, Supervisor Clark moved the Board. adopt the following Ordinance: AN ORDINANCE TO AMEND APPENDIX B. ZONING. ARTICLE IX. SIGNS .SECTION 9-1013.C AND 9-1013.D. NON-CONFORMING :SIGNS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia; supports the ability of citizens to make reasonable changes to existing signage; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned. about the .appearance of public and private lands within Isle of Wight County, and seeks to ensure a cleaner environment for the County's citizens. 15 1 eao~ 2~4~r 37 NOW,~THEREFORE, BE IT RESOLVED by the Isle of Wight County Board. of Supervisors that Article IX of the Isle of Wight County Zoning Ordinance be amended to add subsection. 1. to subsections (C) and (D) of Section 9-1.013 as follows: 9-1013 Nonconforming Signs C. A nonconforming sign may not be moved or replaced except to bring. the sign into compliance with the requirements of this_ ordinance. 1. Exceptions a. A sign which does not conform' to .setback requirements under this ordinance, that identifies. a legally .established use existing prior to the adoption of 'the first zoning. ordinance dated February 6, .1970, may be replaced or repaired provided that the following requirements are met: i. The use identified is a permitted or conditional use. i - under the provisions of this ordinance in effect at the time of replacement; ii. The replacement sign does not encroach closer into the required yard; and iii.. The sign otherwise complies with the provisions of .this ordinance, including but not limited to size, height, content, construction standards, and sight triangle requirements. D. If a nonconforming sign is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before such an occurrence shall exceed fifty percent. (50%) of the current replacement value at the time of damage, the sign shall not be replaced except in compliance with the provisions of this section. and the ordinance, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this .ordinance, and the remnants of the former sign structure shall be cleared from the property. For purposes of this section,. a .nonconforming sign is "destroyed" if damaged town extent that the ..cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the. value of the sign so damaged. 1. Exceptions. 16 804K 24 r«'~•` JO a. A sign which does not conform to setback requirements under this ordinance, that identifies. a legally established use existing .prior to the adoption. of the first zoning ordinance dated February 6, 1970, may be replaced or repairedprovided that the following requirements are met: i. The use: identified is a permitted or conditional use w under the provisions of this ordinance in effect at the , time of replacement; ii. The replacement sign does not encroach closer into the required yard; and iii. The sign otherwise complies with the provisions of this ordinance, including but .not limited to size, height, content, construction standards, and sight . triangle requirements, The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the .motion; and, Supervisors .Bradshaw and Brown absent for the vote. Chairman Wright. called :for a public. hearing on the following: C. The application of Sinclair Telecable, Inc., owner, and SprintCom, Inc., lessee, for a Conditional Use Permit to construct a 199 foot telecommunication tower, antennas, coax. lines, :platform and equipment cabinets on 28.042 acres of land. The application site is located off Track Lane (Route 624) north of Burwells Bay Road (Route 621) in .the Hardy Election District.. Chairman Wright called for persons to speak in favor of, or in opposition to, the application. Beverly H. i~Valkup, Director of Planning and Zoning, verified that the- app[ication had been duly :advertised and.. called the Board's attention to conditions recommended by the Planning Commission to waive the minimum of six (6) pole location ports and the minimum separation of fifteen (15) feet allowing for a minimum of five (5) ports with a ten (10) foot separation between each. She further made. reference to the Getter received from Sprint agreeing to allow the County free: space on the tower and sufficient. ground space dated April 11, 2006. chairman Wright closed the public. hearing and. called for comments from the Board. Lisa Murphy, Attorney, 999 Waterside Drive, Norfolk, appeared representing the applicant. She stated wireless technology provides a critical 17 B~~K ~~ +'r~ 39 .link for businesses, government and emergency s rvices. She stated that the need for wireless phones today is different in that hey are now used in homes in lieu of land hne phones. She stated that the are in question in the County currently has a gap in coverage, and there is a Co my need for service in this area for emergency. services, as .well as by Sing lar Wireless. Sher advised that the. tower height would. be limited to 19 feet at the request and recommendation of the Planning Commission; t ere will be a six (6) foot fence surrounding the leased area,. and a ten (10 foot andseape buffer; the .tower will be built to accommodate. five (5) users of which it will be free of charge to the County to install its antennas on the ower and sufficient ground space for. equipment. She stated that the applica t .accepts and is willing to - abide by the recommendations of the Planning Co mission. Laura Keeding; on behalf of Singular Wir less, advised that Singular had previously .proposed building. a new tower n this area, but is willing instead to co-locate on the tower built by SprintC m. Supervisor Clark moved that the Board pprove the application of Sinclair Telecable, Inc., owner, and SpringCom Inc., lessee, includng_all conditions recommended. by the Planning Com fission. The .motion .was adopted by a vote of (3-0) with Supervisors Clar ,Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, .Supervisors Bradshaw and Brown absent for the te. Chairman Wright called for a public hearin on the following: D. The application of Landbar, LLC for a change. in zoning classification from Rural Agricultural Conservation (RAC) to Conditional Rural Agricultural Conservation (C-RAC) of approximately 6.62 acres and to Conditional-Village Center (C- VC) of approximately six. (6) acres of land located on the west side of Orbit Road (Route 637) across from Murphy Mill. Road (Route 605) in the Windsor Election pistrict. , Ms. Walkup verified that the application had been duly advertised. She that the Planning Commission did recommend denial of the advised . application to the Board; however, there had been discussion regarding certain conditions. that could have been recommended in support of the . application should it be approved, and that the applicant has now proffered those conditions in a revised proffer letter dated April 10; 2006. Supervisor Clark noted that this Board feels strongly that applicants should offer their best proffers at the Planning Commission level, ' He stated that this Board does not reward applicants for proffering conditions that the Planning Commission has not yet had an opportunity to discuss. ~i Chairman Wright,. called for persons to speak in favor of, or in opposition to, the application. `? I8 .., t., eu~~ 24 ~ 4~l Jean Barcroft, the applicant, noted that her attorney is currently on his way to the meeting, but has not arrived. Assistant Attorney Popovich advised that the Board's currently enacted bylaws indicate that the applicant andlor representative have a period of ten (10) minutes to present the applicant. He stated that it isthe responsibility of the applicant to be present when the application is called for public hearing. Chairman Wright called for. a recess. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;. and, Supervisors Bradshaw and Brown absent. for the vote. Supervisor Clark moved the Board return o open session. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of .the motion; no Supervisors .voting. against the motion; and, Supervisors Bradshaw and-Brown absent for the vote. Attorney Riddick, representing the applicant, stated that the County's ..Comprehensive Plan has designated this .area for business and low-density residential development. He stated the Village Center designation was created with the realization that there is an existing airport, but the concern raised by: those present tonight. in opposition is what the effect of additional housing would be on new lots created at this location. Attorney Riddick stated as a result of suggestions .made by the Planning. Commission, additional proffers have been offered in an effort to address the Planning Commission's concern about residential development in close -proximity to the glider port... He stated that the applicants are willing to - include in both the sales contract and restrictive covenants that would be included in the deed that runs with the land the disclosure of the location and the ongoing operations of the airport, in addition to agricultural activities that might be occurring in the area around. Orbit, advising that In addition to the glider operations that there could be operations day and night and on any day of the week. He stated that the applicants are also willing to proffer inclusion of the same requirennents to give interested parties the notice about the intensive agricultural .operations that: would happen in-that part of the County. He stated additionally, the applicants are willing to proffer the three (3) lots to two (2) driveway cuts in order to minimize the cuts onto Orbit Road. Attorney Riddick stated that the Planning Commission decided that this area vvas not the correct .location for residential development; however, low- density. development already exists in that area, and the Comprehensive Plan supports. this as the appropriate location for large lots, and that there has been development around airports since their existence. He stated. that the. addition of three (3) homes in the Orbit Village. Center will not jeopardize their operations. 19 P _ y 1 1 e BOOK ~~ PAS^` '#~ I~ 1 1 William E. Laine, Jr., President, Tidewater Soaring .Foundation, advised that the Foundation owns the strip of land that. abuts the subject property known as Garner Gliderport. He stated that the Foundation does .not favor strip subdivisions that will empty additional traffic. onto. a small existing .country road. He further stated that the. Foundation is-also concerned about the prospective, owners complaining about the noise-resulting from the operation of the Gliderport. He advised that the Gliderport can. operate up to (40) flights on a busy day. He advised that .this land has been used as an airport since 1950 by Mr. Garner who used it to visit his parents.. He stated after improvement to the property, Mr. Garner then began allowing others to use it. He stated .that Mr. Garner allowed the glider club to move here in 1975 from Chesapeake when it became necessary for the club to escape the urban sprawl .that surrounded them on Battlefield Boulevard. He stated this is a unique operation, of which there :are. only three (3) or four (4) others in .Virginia. He stated .the IRS has recognized the Foundation as being in the public interest by designating it as a 501(C)(3') organization. Gary Van Tassel, President, Tidewater Soaring Society, stated that the Society, which is anon-profit organization, operates at Garner Gliderport, under along-term lease from the Tidewater Soaring Foundation. He stated that weather permitting, flight .operations take place every Saturday and i Sunday, year round, beginning at 9:00 a.m. until the. end of the day. He stated that during the peak glider season, thirty (30) to thirty-five (35) glider flights per day are .common. He advised that in 2005, a total of 1,295 glider flights took pace. He stated that flight operations are also occasionally conducted during the weekdays. He reported that a total of 440 instruction flights and 180 guest flights were conducted. He stated of the instructional flights last year, sixty-six (fib) were scholarship flights. He stated that the Society, in conjunction with the Foundation, provides up to three (3) no-cost scholarships each year. He advised that the field also supports the local farm community when it is occasionally utilized to stage :aerial crop dusting activities. He stated that residential properties adjacent to the runway are not a compatible use. He stated" regardless of any conditions that may be imposed, any increased residential development adjacent to the' runway will u timately result in resident complaints which will jeopardize the future of the Foundation and Society and the benefits they bring to the. County. He requested-that the application be denied. Linda Mathias, 151 Hidden Acres Circle, a member of the Tidewater Soaring Society and Director of the Tidewater Soaring Foundation, expressed concern about the probability of noise complaints from- anyone living adjacent-to the airport. She advised that frequently during the week, flight instructors bring their students to Garner to practice grass take-offs and landings, which: is a skill that must be demonstrated before a pilot certificate can be issued. She advised that the Foundation also permits military units to use the airport for night assault practice. using-helicopters. She stated that land on which homes can be built is plentiful; however, there are few airports 20 1 f ~Qf~ 24 42 and even fewer grass air strips, as airports are threatened by development all the time.. She requested that the Board deny the application. Byrd Seville, Newport News,.advised that he is an ex-officio member of the.Tdewater Soaring Society. who has-been visiting the County for the past nine (9) years... He stated that membership fees. fund the scholarship. .program, economic development is benefited, and there are currently seventeen (17) gliders and trailers on which taxes are. paid to the County: He stated. that he visits the County often; dines. at various restaurants; purchases ham, peanuts. and gasoline, and .other building products from County businesses. He stated that he is fearful of what might happen in the future with regard to noise complaints... Billy Gwaltney of 23489 Deer Path Trail noted that Orbit is a noisy; dusty farming community.. He stated it is not uncommon for large .pieces of farm machinery to utilize the roadway, and there are currently I25 head of cattle located in close proximity to this property.. He expressed concern with a third gas. line being installed by Colonial Gas Lines which goes through where: the three (3) lots are proposed. He stated that he was fearful that this project will create problems with his farming operation which is his livelihood. Chairman Wright closed the public hearing and called for comments. from the Board. Supervisor Ivy inquired about the location. of the gas line on the. proposed lots. Ms. Walkup replied that homes would have. to be built outside of.the gas. line easement, but the lines do not encumber the property to the degree that it is not buildable. She stated that she is certain that the applicant or the purchasers would propose some type of uniform setback, Chairman Wright inquired what-the additional traffic count is for that • roadway. Ms. Walkup replied thirty (30) vehicle trips per day, or ten (10) trips per lot. Chairman Wright .moved that, the Board deny the application of Landbar, LLC. 'The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting - against the motion;. and, Supervisors Bradshaw and Brown absent for the vote. // ; 21 1 1 1 r BOCK 24.rsF ~J Supervisor Clark moved to return to the regular order of the agenda. The motion was adopted by a vote of (3-0) with Supervisors Clark, .Ivy and Wright voting in favor of the motion; no Supervisors voting against: the motion; and, Supervisors Bradshaw and Brown absent for the vote. // Chairman Wright called for the continuation of New Business.. Mr. Robertson presented a Tidewater Regional Group Home Commission Renewal Agreement for the Board's consideration. Assistant County Attorney Popovich advised that the County Attorney has not yet had an opportunity to review.. the Agreement, and he would request that its approval be conditioned upon his review and approval Supervisor Clark:. moved that the -Board authorize .the County Administrator to sign the Agreement upon- the review and approval of the County Attorney. The motion was adopted by a vote of (3-0} with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. // Assistant County Attorney Popovich requested that .the Board enter the Closed Meeting pursuant to Section 2.2-371 l.A.l of the Freedom of Information . Act to ..discuss two (2) personnel matters related to the assignment,. appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees, or employees. Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated; The motion was adopted by a -vote of {3-0) with Supervisors Clark, Ivy .and Wright, voting in favor of the. motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and # Brown absent for the vote. Supervisor Clark moved that the Board return to open session.. The motion was adopted by a vote of (3-0} with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent for the vote. Supervisor Clark moved that the Board adopt the following Resolution: ..CERTIFICATION OF CLOSED MEETING..... ~ C 22 °~ e WI~EREAS, the Board of Supervisors has convened a closed meeting on this :date .pursuant to an affirmative recorded vote and in accordance with the provisions s~f 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 'tn conformity with Virginia Iavy; 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 b}~ the Board of Supervisors.. VOTE AYES: Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Bradshaw and Brown There was no action taken following the Closed Meeting. l1 - At 9:00 p.m., Supervisor Clark moved that the Board adjourn its meeting: The motion was adopted by a vote of (3-0) with .Supervisors Clazk, lvy and Wright~votingin favor of the motion; no Supervisors voting against the. motion; and, Supervisors Bradshaw and Brown :absent- for the vote. P 23