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03-01-2007 Regular Meeting~GULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD 'I'HE F1RST DAY OF MARCH IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas J. Wright, III Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, I'.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman ivy called the meeting to order at 4:00 p.m. // Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman ivy called for Approval of the Agenda. Interim County Attorney Burton requested that under Number (2), Special Presentations, Item (A) become the introduction of Stacy Waters- Bailey/Deputy Coordinator of Emergency Management and renumber the remainder of the items under that section accordingly; under Number (7), County Attorney's report, add an additional item related to the proposed revised language for the newly enacted Noise Ordinance to provide an exemption for agricultura] operations witll the request that the Board authorize the County Attorney's office to advertise the matter for public hearing at the Board's March 22, 2007 meeting; under Number (15), New Business, add discussion of proclamations; under Number (16), Closed Meeting, add discussion of a personnel inatter; and, under Number (15), New Business, add an item concerning transportation legislation. Supervisor Clark moved that the Board approve the agenda as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman lvy called for Special Presentations/Appearances. Richard O. Childress, Director of Emergency Services, formally introduced Stacy Waters-Bailey, the County's new Deputy Coordinator and Emergency Planner to the Board. County Administrator Caskey formally introduced Dr. Lisa McCoy, Director of the Western Tidewater Health District, to the Board. Lou Haddad, Chief Executive Officer of Armada Hoffler, addressed the proposed Mixed Use Development Plan for the Benn's Grant project, a public-private partnership utilizing the smart growth concept that will encompass approximately sixty (60) acres. Currently planned are 1,087 houses with an anticipated build-out of seven (7) to eight (8) years. A nationally recognized land-planning expert has been hired to incorporate the aspects of this type of development, which includes rear-loaded garages via alleys that allow for broad expanses of green in the front of the homes, connectivity and pocket parks. Approximately eighty (80) workforce housing units are planned. The commercial center is anchored by Walmart on one side and a home-improvement store on the other side and filled in with various shopping and dining services. A hotel is also planned. The interface between the large-scale commercial development and the lower scale pedestrian and residential development is a canal with a broad expanse of green intended to be inviting to individuals to travel back and forth between commercial and residential. Over 100+ acres of business park has been proffered for sale back to the County at cost and the first phase includes the development of a Riverside Medical Center. Thirty-five (35) acres has also been proffered for recreation within the development that will be easily accessible to all County residents. Extensive on-site improvements are planned for the Benn's Church intersection, which includes a connector between the east and west side of the County that can be continued on as the County experiences growth. Brewer's Neck is being realigned at Route 10 whieh provides foc a greatly enhaneed intersection. Bicycle and pedestrian paths have been designed in accordance with the County's trail plan, which encourage movement throughout the development to the various uses. A plan has been developed to connect retention ponds, which have been made into water features, so that there are no adverse impacts to water quality and drainage in the County. The Jordan home will be relocated to a permanent site and Armada Hoffler is contributing $100,000 to its preservation/restoration. Public infrastructure is nearly $21 million and full cash proffers of over $12 million have been offered. The park will have employment opportunities when fully built out of 4,653 jobs. The gross annual fiseal impact is ~7 million and the net impact is approximately $2 million annually over a twenty (20) year period for a total of $34.5 million. A Community Development Authority has been proffered to cover the public 2 infrastructure and the bonds issued will be backed and paid for by Armada Hoffler. Supervisor Clark inquired how the location of the business park was determined. Mr. Haddad replied that the location of the park site was reached in conjunction with staf£ He noted that the surrounding property owners did not want to be confronted with commercial space. Supervisor Clark inquired what type of facility would be located on the 32 acres that Riverside Hospital intends to purchase. Mr. Haddad replied Riverside Hospital currently has a Certificate of Need for diagnostic services and has applied for an operating room and ambulatory services. He noted that the diagnostic services building is time sensitive and must be opened by the Fall of 2008. He advised that the contracts with Walmart and the home improvements store are also time sensitive. Supervisor Clark inquired about the standard of the proposed ball fields. Mr. Haddad replied that the fields would be developed according to high school standards. Supervisor Clark advised Mr. Haddad that he would like to discuss the parking area with him in further detail at a later date. Chairman ivy noted a lack of bike/pedestrian trails leading to the ball fields. Supervisor Bradshaw inquired if the homes proposed in Mr. Haddad's presentation would be written up as a proffered condition during the application process. Mr. Daddad replied that the types of' homes to be built would be proffered. Supervisor Bradshaw requested a copy of a computer-based simulation depicting vehicles moving througll the project and the Benns Church intersection. Supervisor Brown requested a simulation of the arterial flow from Chuckatuck to Benn's Church, eastbound at Brewers Neck Boulevard, northbound at Smithfield and Chuckatuck southbound from this point in time until the year 2027. 3 Supervisor Brown suggested that the ball field/soccer field be relocated to avoid heavy traffic flow at that intersection. Supervisor Bradshaw requested a traffic scenario be developed depicting vehicles entering and leaving a ball game that has been attended at full capacity in comparison to what the traffic flow would be like on a normal basis. Chairman lvy requested that he and Supervisor Bradshaw be provided annual budget contributions, to include a breakdown as to how those numbers were achieved and what type of assumptions were made to arrive at those numbers. Supervisor Bradshaw expressed concern with the affordable housing standards and how they would be proffered. Supervisor Wright requested the number of students anticipated to be entering the school system, as well as a time table of their arrival. Supervisor Wright inquired if Armada Hoffler intends to remain permanently involved with the development. Mr. Haddad assured the Board that the commercial side of this project would be retained by Armada Hoffler for the long haul. Supervisor Bradshaw stated he assumed Mr. Haddad would be willing to proffer, as part of the application, that Armada Hoffler would retain the commercial side of the project. He recalled property that was rezoned previously that was sold by Armada Hoffler following approval of the rezoning by the Board. Mr. ~-Iaddad assured the Board that such a scenario would not happen again. Supervisor Bradshaw inquired if housing, retail or commercial sites would be developed first. Mr. Haddad replied the retail development, which is market driven, is anticipated to build out in the first phase. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Benns Grant project; pursuant to Section 22-3711.A.7 regarding consultation with legal counsel requiring the provision of legal counsel pertaining to annexation; pursuant to Section 2.2-3711.A.1 concerning the discussion and 4 consideration of the retirement of certain designated personnel; pursuant to Section 2.2-37ll.A.l concerning the discussion and consideration of disciplinary action of certain designated personnel; pursuant to Section 2.2- 3711.A.3 concerning the discussion and consideration of the acquisition of real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and pursuant to Section 2.2-37ll.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to Pinewood Heights. Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WI-IEREAS, 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, WIIEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVF,D 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) o~11y such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. V OTE AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 5 ABSENT DURING MEETING: 0 // Chairman ivy called for Regional reports. Supervisor Bradshaw requested the Board members anticipate receiving invitations to the post legislative session dinner meeting scheduled for Thursday, March 29, 2007 at 6:00 p.m. at the Wakefield 4-H Center. At the most recent meeting of the Hampton Roads P1amling District Commission, Supervisor Clark advised that the County's legislative delegation has expressed opposition to any of the funding streams that relate to anything other than a gas or sales tax. He noted that the General Assembly has proposed substantial increases in the commercial real estate property tax rate and various fee increases for registration of motor vehicles and vehicle inspection fees. Chairman ivy moved the Board direct County Administrator Caskey to draft a letter regarding the County's opposition to the current funding plan for the Hampton Roads Transportation Authority in the form of increased real estate and commercial real estate assessments. The letter is to state that the Board opposes the funding formula and desires to have the authority to determine the amount of its gas tax. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, C;lark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright reported that a recommendation should be forthcoming from the Western Tidewater Regional Jail Personnel Committee concerning the selection of a new Jail Superintendent. Supervisor Brown reported that the Southeastern Public Service Authority would be holding a Question and Answer community meeting on March 8, 2007 at the Smithfield High School. He noted that he would be providing copies of a sheet depicting 26 questions to be discussed at the meeting to the various local organizations in the area. He reported that a presentation was provided on how the $200,000,000 debt can be liQuidated by 2018 which has been developed into a study. He noted the Virginia Beach representative discussed how benchmarks could be developed in meeting the liquidation of the debt. He reported a vote was taken on approving a$95,000 feasibility study on the divestiture of the waste to energy system, which passed. // Chairman ivy called for Transportation Matters. 6 Supervisor Wright requested that the curves on Shiloh Drive be cleaned as they are experiencing ponding due to recent work performed by Verizon. He advised that water has also caused the pavement to deteriorate at certain locations. Supervisor Brown reported severe damage to four (4) homes in Owens Estates has occurred due to the curvature of the roadway which is in need of repair. Mr. Rogers offered to take appropriate action with VDOT to have the roadway repaired. Supervisor Bradshaw requested that Mr. Rogers contact the Babb Brothers on Shiloh Drive concerning the limbs that are hanging over the roadway and causing damage to their farm equipment. Mr. Rogers notified Supervisor Bradshaw that he would be contacting him in the near future to review the drainage problems in certain areas of Carrsville. Thomas Finderson notified the Board that approximately two-thirds of the reflective posts, which provide warning for motorists of the deep ditch on Sugar Hill Road (at the entrance of Founders Pointe) are laying on the ground and in need of repair. Supervisar Clark moved that the Board direct Mr. Rogers to contact Mac Neblett and obtain a staff response as soon as possible on the Sugar Hill Road curve at Founders Pointe. Staff is recommending from a safety standpoint that VDOT consider the installation of guardrails at that location. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Citizens Comments. Albert Burckard of the Newport District distributed copies of the Archeological Society of Virginia Quarterly Bulletin, Volume 25, dated June of 1971. He encouraged the Board to visit Fort Huger and see the progress done to da~e for themselves. Supervisor Bradshaw requested that Mr. Burckard contact him to schedule a mutually agreeable date and time for him to visit the Fort Huger site. // 7 Chairman ivy called for the County Attorney's report. Interim County Attorney Burton presented a proposed Mutual Aid Agreement for Fire and Emergency Medical Services between the County and the City of Suffolk for the Board's consideration. Supervisor Clark moved that the Board authorize the Chairman to execute the Mutual Aid Agreement between the County and the City of Suffolk for coordinated fire and emergency medical services between the ~wo (2) localities. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed amendment to the Utility Consumer Tax Ordinance to increase the utility tax pursuant to the Board's direction. He advised that the tax is to take effect July 1, 2007 and the State law requires sixty (60) days and utility companies are now requiring 120 days advance notice before they will implement the tax. He noted if the Board authorizes staff tonight to advertise the amendment at the Board's March 22, 2007, that will allow for the ] 20 days for it to become effective; otherwise, the Ordinance would not become effective until after July ], 2007. Supervisor Bradsllaw moved that the Board defer the amendment to the Utility Consumer Tax Ordinance to the Finance Committee for further review and evaluation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization for staff to advertise the amendment to the Noise Ordinance at the Board's March 22, 2007 meeting for exempting agricultural operations as previously discussed. Supervisor Clark moved that the Board authorize the County Attorney's office to advertise for public hearing at the Board's March 22, 2007 meeting the proposed revised language for the newly enacted Noise Ordinance to provide an exemption for agricultural operations. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and lvy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for the Parks and Recreation report. Patrick J. Small, Assistant County Administrator, distributed an updated report on the temporary HVAC system and the basement level demolition efforts at the Isle of Wight County Museum. He noted a trailer mounted ~-NAC unit and attendant duct work are anticipated to arrive 8 tomorrow with installation occurring the following week. He noted currently there is no air circulation or climate control in the building. He noted plans have been completed by the architect for the ground floor and included in the report is the budgetary impact which includes the installation of the ~-NAC unit, temporary transformer for a six (6) month period, demolition and environmental remediation efforts, which accounts for the majority of the cost associated with t11e project. He requested permission to proceed with bidding that work. He noted that while he did not have a total project cost or an anticipated opening date, he could assure the Board that within the next ninety (90) days, the building will be gutted and the climate within will be controlled by next week. Chairman Ivy inquired if it would be possible to open the upstairs to the public while the basement was being demolished. Mr. Small replied that Ms, lppolitto has been discussing that possibility with Museum staff and there is a possibility that once the demolition is complete the top floor could be opened on a limited basis during reconstruction. He noted that he would update the Board on reconstruction efforts following his meeting with the engineer and architect. Supervisor Clark moved that the Board authorize staff to issue the Invitation for Bid relative to demolition work at the Museum. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Small briefed the Board on tree clearing efforts at Fort Huger, which should be completed in the next several weeks at which time installation of the bridge would occur, as we11 as construction of the pathway to the parking lot He noted that the project is proceeding according to the timeline indicated in the Board's previous agenda and substantial completion is anticipated fo be July 1, 2007. He noted that provided in tl~e agenda is the anticipated cost provided by the engineer relative to the balance of the needed improvements. He noted that the ADA designed bridge will handle the weight of a pick-up truck to allow the transport of materials in and out of Fort Huger and the ADA designed path will have landings, handrails and bumpers. Supervisor Brown inquired what material the pilings are built from. Mr. Small offered to check and report back to the Board whether the pilings are made of steel or wood. Supervisor Bradshaw moved the Board authorize staff to proceed with bidding the bridge construction, parking lot area, path and walkways and direct staff to return with a mechanism for appropriating the balance of the required funds. The motion was adopted by a vote of (5-0) with Supervisors 9 Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator, advised that the ten (10) year operating permit issued by the Department of Environmental Quality for the Rushmere Water System will expire in the Fall. Supervisor Clark moved that the Board authorize the County Administrator to issue an appropriate purchase order for the services proposed by R. Stuart Royer and adopt the following Resolution to Appropriate Funds from the Unappropriated Fund Balance for Various Engineering Services in the amount of $61,040: RESOLUTION TO APPROPRIATF, FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR VARIOUS ENGINEERING SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved various engineering services for the Rushmere Water Plant; and, WHEREAS, funds in the amount of sixty-one thousand forty dollars ($61,040) need to be appropriated from the Unappropriated Fund Balance of the Public Utilities Fund to the FY 2006-07 Public Utilities Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVFD by the Board of Supervisors of the County of Isle of Wight, Virginia that sixty-one thousand foriy dollars ($61,040) from the Unappropriated Fund Balance of the Public Utilities Fund be appropriated to the FY 2006-07 Public Utilities Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // 10 Chairman ivy called for the Emergency Management report. Interim County Attorney Burton recommended that the Board approve the emergency generator lease agreement with Tidewater Energy Services, LLC, a copy of which was provided to the Board prior to the meeting, for the use and maintenance of emergency generators in the County's shelters, schools, fire and rescue stations and the Sheriff's office. Supervisor Wright moved that the Board authorize the Chairman to execute the contract with Tidewater Energy Services, LLC and transfer $5,800 from the Contingency Fund. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Responsive to Supervisor Wright's inquiry about the status of the County acquiring rescue boats for use during emergencies, Richard O. Childress, Director of Emergency Services, advised that the committee charged with the review of rescue boat specifications would be providing a recommendation to the Board in the Spring. Supervisor Wright indicated a desire to be included in this process for specifications review per prior Board action. // Chairman ivy called for the County Administrator's report. Liesl R. DeVary, Director of Budget and Finance, presented a proposed Capital Improvements Plan (CIP) for Piscal Year 2008-2012, as developed by the Board's CIP Subcommittee and approved by the Planning Commission in the amount of $97.5 million. She noted space needs are the primary reason for the inerease in the five (5) year plan. She advised that the proposed funding sources over the next five (5) years are to bond approximately $56.9 million and approximately $4 million annually would come from operating revenues and approximately $4 million from reserves. She advised as of June 30, 2006 the County had approximately $67 million in outstanding debt and the legal debt margin at that time was $263 million. Supervisor Bradshaw moved that the Board direct staff to review the issue of a public restroom at Tyler's Beach and come back to the Board with a recommendation for possible action by the Board this fiscal year. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Clark absent for the vote. Supervisor Bradshaw moved that the Board authorize staff to advertise a public hearing for the Board's March 22, 2007 meeting to facilitate the adoption of the Capital Improvements Plan and the incorporation of the "year one" capital expenditures in the proposed Fiscal Year 2007-08 budget, as amended by the Director of Budget and Finance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary advised that bonding is anticipated in the amount of $33 million next year and the County's first debt service payment in the approximate amount of $3 million will be due the following fiscal year. Ms. DeVary presented a revised Fiscal Year 2007-08 Budget Calendar for the Board's consideration. The Board concurred with holding a budget work session for the General Operating and Capital Budget on April 1 l, 2007 at 6:00 p.m. and a public hearing at the Board's April 19, 2007 meeting. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised the Board that the budget amendments for the anticipated construction wark for a new Social Services Building and a new Health Department Building, as submitted by staff, were not adopted by the General Assembly. He advised staff is scheduling a meeting with senior staff of the State Department of Health to discuss how those funds can be entered into the Governor's budget for the next budget year. He further advised that legislation that allows the Board, by ordinance, to designate private streets or roads as highways for the purpose of traffic enforcement, provided that the residential area that the private road is in has at least 100 residences. He advised that the cigarette tax and equal taxing authority legislation, submitted on the County's behalf, did not pass. He advised that he will be making a report to the Board regarding impacts to the County in the areas of biosolids/sludge, Freedom of Information Act and planning and zoning. Mr. Robertson was requested to be prepared to request an explanation from the General Assembly Delegation, at the VACo meeting to be held at the 4-H Center in Wakefield on March 29, 2007, as to why the County has had no success in the General Assembly this year and why a bill did pass that allowed hunting inside of subdivisions. // Chairman ivy moved the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 12 // Chairman ivy called for consideration of the Consent Agenda. A. Girl Scouts Make the World a Better Place Week Resolution to Recognize Girl Scouts Make the World a Better Place Week B. FY 06-07' Fire Funds Program C. DMV Highway Safety Project Grant . Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Motor Vehicles for the Highway Safety Project Grant D. Application for Grant Funds - Virginia Wireless Services Board PSAP Funding for the Alternate 911 Site . Resolution to Accept and Appropriate Grant Funds in the Amount of $88,300 for the Alternate 911 Site E. Change Order #1 - Carrsville Water System Replacement F. Construction Administration Services - Booker T. Estates G. Water Tank Invitation for Bids H. Proposed Itinerary for Isle of Wight, England Council Visit/May 7-14, 2007 I. Funding for the County Newsletter J. Personnel Policy Amendment Resolution to Amend the County Policy Manual Chapter 1, Article 1V, Section 4.4 K. Board of Zoning Appeals Action List of February 5, 2007 L. Resolution of Appreciation for Marilyn Oliver from the Historic Architectural Review Committee M. Communications Towers Responsive to a request made by County Administrator Caskey to remove Item (H), Proposed Itinerary far Isle of Wight, England Council 13 Visit/May 7-14, 2007, Supervisor Bradshaw moved that Items (H) and (M) be removed and that the remaining items on the Consent Agenda be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (H), Proposed Itinerary for Isle of Wight, England Council VisitJMay 7-14, 2007, Judy H. Winslow, Director of Tourism, distributed a revised copy reflecting a visit to the School House Museum on Saturday, May 12, 2007 and that the meal to be hosted by Supervisor Wright on Tuesday, May 8, 2007 was moved to Friday, May 1 l, 2007. She noted the APVA Historical Society has been asked to host their event on Tuesday, May 8, 2007 and that there have been changes to the proposed budget. Supervisor Bradshaw moved that the Board accept the proposed Itinerary. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (M), Communications Towers, Supervisor Bradshaw moved that the Board accept the report. Staff is to include a tower in Carrsville off of Route 58 on the map. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Ciark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Appointments. Supervisor Wright moved the Board reappoint Ruth Hartsfield to serve on the Commission on Aging representing the Windsor District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board reappoint Peter Munsell to serve on the Planning Commission representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board appoint Jerianne Gardner to serve on the Wetlands Board replacing Mark Brown representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 14 Supervisor Clark moved that the Board appoint Sharon Hart to serve as an Alternate on the Wetlands Board, replacing Jerianne Gardner. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board appoint Catherine C. Barlow to the Events Committee, replacing Kimberly Graham, representing the Hardy District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board reappoint Gloria Wilson to the Beautification Committee representing the Hardy District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson is to investigate if there is a statutory requirement that prohibits the Board from dissolving the Western Tidewater Disability Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and lvy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Old Business. County Administrator Caskey stated pursuant to the Board's previous direction to staff, included in the agenda is the Board's updated Strategic Plan which includes the information adopted by the Board at its January 15, 2007 meefing. Supervisor Clark moved that the Board adopt the format of the Strategic Plan and direct staff to develop additional work documents which set forth the action steps necessary to accomplish the Board's stated goals. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark suggested that the County's logo of "Isle of Wight County - a Community of Choice Committed to Excellence" be incorporated into a bumper sticker for placement on all County vehicles. Mr. Robertson presented a Resolution to Set a Board of Supervisors' Meeting on April 21, 2007 for the purpose of holding a Town Meeting for the Board's consideration, which coincides with National County Government Week. 15 Supervisor Wright moved the Board adopt the following Resolution: RESOLUTION TO SET A BOARD OF SUPERVISORS' MEETING ON APRIL 21, 2007 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to hold a"Town Meeting"; and, WHEREAS, the purpose of the Town Meeting is for citizens of Isle of Wight County to provide the Board of Supervisors with feedback regarding general County matters. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia will hold a Town Meeting on April 21, 2007 at 10:00 a.m. at the Carrollton Elementary School. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for New Business. Noting that the County's Policy Manual does not contain a policy on how the Board addresses proclamations and expressions of congratulations, Supervisor Brown moved that the Board direct staff to provide a recommendation governing the appropriateness of proclamations and expressions of gratitude. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey requested the Board's consideration of authorizing the Chairman to forward a letter to VDOT expressing interest in the acquisition of a certain parcel of property. Supervisor Bradshaw moved that the Board authorize the Chairman to forward a letter to VDOT expressing interest in the acquisition of a certain parcel of property. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board eliminatie its June 7, 2007 and June 21, 2007 meetings and have one (1) combined meeting on June 14, 2007 to commence at 3:00 p.m. with public hearings to be conducted at 7:00 p.m. Staff is authorized to advertise the change in meeting dates. The 16 motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, WriglZt and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman ivy moved that the Board move its July 19, 2007 meeting to July 12, 2007 to commence at 4:00 p.m. Staff is authorized to advertise its change in meeting date. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the Board change its November 1, 2007 meeting to October 30, 2007 at 4:00 p.m. Staff is authorized to advertise its change in meeting date. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to investigate and provide the Board with information on the Sign Pilot Program advertised in the Virginia Municipal League tnagazine. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors votin~ against the motion. // County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to Pinewood Heights. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman ivy moved the Board adopt the following Resolution: CERTIFICATION OF CLOSF,D MEETING WI-IEREAS, 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 lnfornlation Act; and, 17 WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // Interim County Attorney Burton advised the Board that Attorney Riddick has informed him that the closing on the property in Smithfield did occur on Wednesday, February 28, 2007 f:or the new fire station/EMS facility. Chairman ivy inquired about the process from this point forward of videotaping the Board of Supervisors' meetings. Mr. Robertson advised that PrimeMedia would edit the tape and provide DVDs for review. He asked that the Board review the DVD and provide him with feedback on how he is to proceed. Interim County Attorney Burton requested a separate DVD depicting the Armada Hoffler presentation. Chairman lvy requested that the County°'s Newsletter be circulated as soon as possible. Supervisor Brown inquired about the status of the Pinewood Heights pro j ect. Interim County Attorney Burton advised that as of this date he has not received the draft copy of the Pinewood Heights Memorandum of Understanding that Attorney Riddick advised he had prepared and sent to Richmond for review prior to review by the Board. 18 Supervisor Brown recommended that Ms. Walkup be able to review the Memorandum of Understanding before it is forwarded to Richmond. Interim County Attorney Burton offered to provide Ms. Walkup with a copy if it has not yet been sent to Richmond. Chairman ivy requested that County Administrator Caskey ensure that the Memorandum of Understanding is placed on the Smithfield Intergovernmental Committee agenda far its next meeting. Supervisor Clark moved that the Board authorize the County Attorney to engage the law tinn of McGuireWoods and Battle, LLP, specifically John Bates and John Cogbill, pertaining to the Benns Grant development. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board authorize staff to hire Davenport & Company, specifically David Rose, pertaining to the Benns Grant development. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board authorize Interim County Attorney Burton to enter into a contractual relationship on an as-needed basis with Michael Chandler with regard to the Benns Grant development. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board authorize the Chairman and the Clerk to execute the personnel agreement discussed in Closed Meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board direct staff to bring back an amendment to the Sign Ordinance allowing off-premises signs destroyed by vandalism or theft to be replaced in its original condition and location in size except as to any new or aesthetic or design specifications that staff may deem appropriate. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // 19 At 8:45 p.m:, Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. ~:f~~ ,l % i,,~'. Thomas R Ivy, ~ hairman ~ ~ ~C~ ~~~h ~'~Z-y'a"~ ~ Carey Mil s~, Clerk 20