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05-24-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FOURTH DAY OF MAY IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas J. Wright, IlI Phillip A. Bradshaw Also Attendin~: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Cierk Chairman ivy called the meeting to order at 6:00 p.m. // Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman ivy called for Approval of the Agenda. Interim County Attorney Burton offered the following revisions: Add Item (D) under the County Attorney's Open Meeting Report, an Ordinance to Amend Chapter 12. Offenses. Section 12.1 Bad Checks; add Item (E) under the County Attorney's Open Meeting Report, a proposed contract between The Addison Group and the County; add Item (F) under the County Attorney's Open Meeting Report, a proposed contract between Alpha Construction and Engineering Corporation and the County; add eight (8) items under the County Attorney's Closed Mseting Report; remove Item (E) from the Consent Agenda and add to the County Administrator's Report; add an item to the County Administrator's Report regarding Fire and Rescue joint meeting unresolved issues; move Old Business Item (B) following Citizens Comments, per the request of Chairman ivy; and add an item to the Closed Meeting, per the request of Supervisor Brown. 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 ivy called for Special Presentations/Appearances. Chairman ivy formally presented to the fa~nily of the late J. Paul Councill, Jr. a Resolution to Recognize the Passing of the Honorable J. Paul Councill, Jr., which was adopted by the Board at its April 5, 2007 meeting. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for consultation with legal counsel requiring the provision of legal advice pertaining to the County joining the Hampton Roads Transportation Authority. Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by the Interim 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-Ct) with Supervisors Bradshaw, Brown, Clarlc, Wright and Ivy voting in favor of ~he motion and no Stiipervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisars has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification res~lution 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. 2 3 Supervisor Wright publicly thanked MacFarland Neblett, VDOT, for his assistance in having the grass cut along the roadways prior to the visit by the Isle of Wight, England delegation. Kristin M. Mazur, County Engineer, advised the Board that she attended a recent meeting on Route 460 in which the Independent Review Committee discussed outstanding issues such as financing. She advised that the number of interchanges is being reduced due to a lack of public funds to support the project. She advised if the developer or the County funds three- fourths of the funding, VDOT will consider the interchange. She offered to continue monitoring the matter and report back to the Board on any developments. // Chairman Ivy called for Citizens Comments. Supervisor Clark moved that the comments of citizens under Citizens Comments be limited to three (3) minutes per person. The motion was adopted by a vote of (3-2) with Supervisors 13rown, Clark and Ivy voting in favor of the motion and Supervisors Bradsha~v and Wright voting against the motion. Supervisor Bradshaw moved to amend the agenda in order to extend beyond the advertised public hearing time of' 7:00 p.m. so that the Citizens Comments period can be completed and an item under Old Business be discussed. The motion was defeated (1-4) with Supervisor Bradshaw voting in favor of the motion and Supervisors Browr~, Clark, Ivy and Wright voting in opposition to the motion. Senator Quayle encouraged the Board to vote in favor of the Hampton Roads Transportation Authority. He stated a more efficient way of handling this matter would have been to ct~eate a gasoline tax, but there were members of the legislature that refused to consider any such general tax increase. He expressed a specific concern that more of a burden is not being placed on motorists traveling through Virginia; however, the list of revenues proposed will raise $170,000,000, all of which will remain in the Hampton Roads area. He noted it is very clear what the Authority can use those funds for and when the projects are completed and paid for, there is nothing further that the Authority can do unless further authorized by the General Assembly. He stated while the plan is not the best one possible, he does believe it should be adopted because too much time has passed and costs are increasing rapidly. Delegate Barlow encouraged the Board to support the proposed Hampton Roads Transportation Authority proposal. He stated that the decision the Board makes tonight will be the most important one made during the Board's tenure. He stated a concern is that there really is not a 4 transportation problem when there is a very serious transportation problem and only when the traffic begins to stop will the severity of the problem be realized. ~-Ie stated transportation is an imminent threat to the area and action must be taken immediately. He stated while the proposed plan is not one he would have chosen, it is the only one available. Bob Cole, Chairman, Isle of Wight/Smithfield/Windsor Chamber of Commerce Board of Directors, requested that the Board become part of the proposed Ha-npton Roads Transportation Authority by realizing the value of the projects contained in the regional transportation plan. He stated everyone will agree that the plan is not perfect, but what will happen to the County's favorite projects if the Authority is approved without the County's support. He stated it is likely the other communities approving the Authority will form a coalition and move their favorite projects to the early years and the opponent's projects to the later years. He stated it is a tough decision with high stakes consequences, not the least of which would be to continue forward with no plan, support or partnership. Koop Hinkle requested that the Board support the formation of a transportation authority. He noted that his company has invested more than $500,000,000 in building a new intermodal terminal in Portsmouth, which will create jobs for the County and opportunities for businesses to locate in the Hampton Roads area. I~e stated that the cost of transportation figures into the decision of these companies to place a distribution center at a particular location. He stated that the Ford Corporation cited transportation concerns as one of the reasons for the recent closure of the Ford plant. He stated it is imperative that companies be able ~o move their goods around the area efficiently. He stated the Board has an opportunity to become a part of the vision for the future by voting in favor of the Authority. Dana Dickens, Maritime Association, encouraged the Board to support the Hampton Roads Transportation Authority. He stated he has heard concerns from the other localities that this is not the right plan and that it should be sent back to the General Assembly. He stated returning the matter to the General Asseinbly would be a prescription for disaster. He stated if the Hampton Roads region does not seize this opportunity, it will be left without. He stated the plan does keep the money generated in Hampton Roads and provides an opportunity for Hampton Roads to control its own destiny to a degree. Pete Green, Mill Creek Road, requested the Board to consider not only what the creation of a Transportation Authority will cost the citizens of the County, but the surrounding area as a whole. He stated there are varying opinions on the number of exchanges that will be built from the revenues generated and there should be a provision in the plan that all of the taxes themselves will be rescinded when the Authority is dissolved and any extension limited to the ori~inal parameters. 5 Tony Rhodes, owner and operator of a repair facility between Windsor and Franklin, spoke in opposition to the creation of a Transportation Authority because of the 5% tax on repairs and 44% tax on inspection stickers, which would not apply to six (6) faeilities that are located less than ten (10) miles from his business. He noted that over 40% of truck traffic on Route 460 and I-64 is out-of-state trucks which will not have repairs done in this state or purchase fuel. He stated trucking companies which perform their own major repairs will also not be taxed. He stated the citizens of the County and his customers will have to pay the tax, at an extreme amount, in order to make up for the traffic that should be taxed. // Chairman ivy moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, ~3rown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for a public hearing on the following: A. 2007-2013 Secondary Six-Year Priority Plan and Fiscal Year 2007-2008 Construction Budget. MacFarland Neblett, Waverly District Administrator, VDOT, distributed copies of the Plan and Budget to the Board. He advised that the replacement of the bridge on Route 602 (Longview Drive) has been added due to the availability of Federal funds. Chairlnan ivy called for persons to speak in favor of or in opposition to the proposed Plan and Budget. No one spoke in favor or in opposition to the Plan and Budget. Chairman ivy closed the public hearing and called far comments from the Board. Supervisor Bradshaw moved the Board approve the 2007-2013 Secondary Six-Year Priority Plan and Fiscal Year 2007-200$ Construction Budget. The nlotion 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 a public hearing on the following: 6 B. An Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year July 1, 2007 through June 30, 2008 Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the proposed Ordinance. No one spoke in favor or in opposition to the Ordinance. Chairman ivy closed the public hearing and called far comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN APPROPRIATION ORDINANCE PERTAINING TO THE BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008 ADOPT'ED THE 24th DAY OF MAY, 2007 BE IT AND IT 1S HEREBY ORDAIN~:D by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (a) By motion at its May 3, 2007 meeting, the Board approved a budget for fiscal year 2007 - 2008 in the surri of $131,152,531.00; (b) That lump sum appropriations are hereby made on an annual basis for fiscal year beginning July l., 2007, through June 30, 2008, for separate items, categories, fimctions and purposes in the budget adopted by the Board of Supervisors on the 3rd day of May, 2007, including the sum of $61,324,587.00 is hereby appropriated to the Isle of Wight County School Board. (c) That all proceeds received for the fiscal year beginning July 1, 2007 from the County general tax rate levies, from other local revenue, from Federal and State funds and supplements and from all other funds and sources for general County fimctions and purposes, including public schools and public ~velfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (d) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in the budget at any time during the fiscal year in any amounts so long as those amounts are not greater than the amounts available in the fund for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed the funds available for such purpose. (e) That all encumbered funds which are earmarked for specific projects, which are not expended during the current fiscal year, will be carried over as encumbered funds for said projects for the ensuing years unless the encumbrances are removed by action of the Board of Supervisors. (~ That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget estimates from the General Revenue Fund, from time to time, as inonies become available, sums equal to but not in excess of the appropriation herein made to such "funds", for the functions and purposes therein indicated from the General Revenue Fund for the period covered by this appropriation ordinance. (g) That the Treasurer of Isle of Wight County is hereby authorized to honor and pay all warrants and to pay out funds from the various "funds" indicated in said Budget estimates for any contemplated expenditure for which funds have been made available and appropriated far such contemplated expenditures. (h) That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. 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 a public hearing on the following: C. An Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year- July l, 2007 through June 30, 2008 lnterim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman ivy called for persons to speak in favor of or in opposition to the proposed Ordinance. No one spoke in favor or in opposition to the Ordinance. 8 Chairman ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board adopt the following Ordinance as presented: AN ORDINANCE TO IMPOSE "TAX RATES FOR ISLE OF WIGHT COLJNTY, VIRGII~tIA FOR FISCAL YEAR JULY l, 2007 THROUGH Ji.JNE 30, 2008 ADOPTED THIS 24`~ DAY C1F MAY, 2007. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (1) That there is hereby levied For the fiscal year beginning July 1, 2007, a tax of $0.52 per one hundred dollars of assessed valuation on all taxable reaf estate, and all real and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia, as amended; (2) That there is hereby levied for the fiscal year beginning July 1, 2007, a tax of $0.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia, as amended; (3) That there is hereby levied for the fiscal year beginning July 1, 2007, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia, as amended; (4) That there is hereby levied far the fiscal year beginning Ju1y1, 2007, a tax of $032 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, exeluding privately owned pleasure boats and watercraft for recreational purposes only; (5) That there is hereby levied for the fiscal year beginning July 1, 2007 a tax of $4.40 per one hundred dollars of' assessed valuation on tangible personal property as defined and classified in Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of Virginia, as amended, except that all household goods and personal effects as deftned and classified in Section 58.1-3504 are exempt from said levy; and (6) That there is hereby levied for the fiscal year beginning July1, 2007, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia, as amended, and pipeline 9 distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as amended, however in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to tlle Treasurer of this County. 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 a public hearing on the following: D. An Ordinance to Implement Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2007 Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman ivy called for persons to speak in favor of or in opposition to the proposed Ordinance. No one spoke in favor or in opposition to the Ordinance. Chairman ivy closed the public liearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA FOR CALENDAR YEAR 2007 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of tl~e County of Isle of Wight, Virginia, to-wit: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2007 shall be set at fifty-six percent (56%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shal l be one hundred percent (100%). 10 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 a public hearing on the following: E. An Ordinance to Amend Chapter l. General Provisions. Section 1-7.1. Court Costs Interim County Attorney certified that the Ordinance had been properly advertised. Chainnan ivy called for persons to speak in favor of or in opposition to the proposed Ordinance. No one spoke in favor of or in opposition to the Ordinance. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 1. GENERAL PROVISIONS. SECTION 1-7.1. COURT COSTS. WHEREAS, Section 53.1-120 of the Code of Virginia (1950, as amended) empowers any county, by ordinance, to assess a fee for each criminal or traffic case in its district or circuit court for which a defendant is convicted of a violation of any statute or ordinance for the purpose of funding courthouse security personnel; and VI~IEREAS, following a public hearing held in accardance with the Code of Virginia, the Board of Supervisors of Isle of Wight County has determined that it is in the best interest of Isle of Wight County, Virginia (the "County") for the County to impose such a fee. NOW, THEREFORE, BE IT ORDAINF,D by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 1. General Provisions. Section 1-7.1. Court Costs. of the Isle of Wight County Code be amended by adding the following: Sec. 1-7.1. Court Costs. Any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district courts or circuit cour~ of Isle of Wight County shall be assessed a sum of Five Dollars ($5.00) as part of the costs in each court in each case. Effective July 1, 2007, any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district courts or circuit court of Isle of Wight County shall be assessed a sum of Ten Dollars ($10.00) as part of the costs in each court in each case. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the Isle of Wight County Treasurer and held by the Treasurer subject to appropriation by the governing body to the sheriff's office for the funding of courthouse security personnel. For state law as to authority of the Board of Supervisors to prescribe a fee for courthouse security pe~~sonnel, see Code of Va., ~ 53.1-120. 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 a public hearing on the following: F. An Ordinance to Abandon a Portion of the Dedicated Right-of- Way Area of Smithfield Street as Shown in the Original Plat of the Battery Park Subdivision Interim County Attorney Burton advised that there was miscommunication between himself and the applicant, which was advertised for vacation of the street; however, there were also some lot lines that should have been vacated. He recommended that the Board defer the matter at this time and allow him to readvertise the matter to include the vacation of the lot lines at the Board's June 14, 2007 meeting. Supervisor Bradshaw moved that the Ordinance be withdrawn from public hearing due to an advertising error on staff's part. Staff is authorized to readvertise the Ordinance at the County's expense. 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 a public hearing on the following: G. The application of Isle of Wight County Board of Supervisors, owner, for a Conditional Use Permit for the proposed Fort Huger Park located at the intersection of Lawnes Neck Drive and Talcott Terrace on approximately 22.04 acres of land for use as a public park and recreational area at the location of the historic civil war fort site in the Hardy Election District. Chairman ivy called for persons to speak in favor of or in opposition to the proposed application. 12 Chairman ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of the Isle of Wight County Board of Supervisors, owner, for a Conditional Use Permit for the proposed Fort Huger Park. 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 a public hearing on the following: H. The application of Wayne A. Smith, Jr., owner, for a Conditional Use Permit to occupy a Manuiactured Home, Class B, as a temporary residence for two (2) years while building a single- family dwelling on approximately 10.36 acres of land located on the north side of Yellow Hammer Road (Route 645) known as Tract 8 of "The Woodlands", in the Carrsville Election District. Chairman ivy called for persons to speak in favor of or in opposition to the proposed application. Wayne Smith, property owner, requested that the Board approve his application. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application as conditioned that the residence will be removed from the property no later than two (2) years from the date of the approval of the Conditional Use Permit or upon the issuance of a Certificate of Occupancy for the permanent residence, whichever comes first. 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 a public hearing on the following: The application of International Paper, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to General Industrial (GI) of approximately 97.76 acres of land located approximately 1.2 miles south of Carrsville Highway (Ro~~te 58), off the west side of Butler Farm Road, east of the Blackwater River in the Carrsville Election District. The purpose of the application is for a wood storage yard. Supervisor Bradshaw abstained from discussing and voting on the application due to a possible conflict of interest. 13 Interim County Attorney Burton certified that the application had been properly advertised. Chairman ivy called for persons to speak in favor of or in opposition to the proposed application. David Geoger, Fiber Supply Specialist, International Paper, presented a schematic of the project site, which represents a$3,000,000 investment by International Paper. He stated the facility would be operated by four (4) employees and the property used for wood storage only. He stated the benefits to International Paper include an iricreased inventory to ensure a continuous sLipply of pulp wood to the Franklin Paper Mill; lower wood cost by purchasing fiber locally; the increase of local purchase of fiber allows local logging firms to increase production and income and improves the Franklin Paper Mill's cost position in a highly competitive global market; and, ensures employment and tax revenues generation for southeastern Virginia. He stated there are plans to mitigate the wetlands impacts by mitigating through the Vit~ginia Wetlands ]Zestoration Trust Fund and a conservation easement will be maintained along the Blackwater River in exchange for impacting an agricultural ditch. He stated water supply will be furnished by the stormwater ponds and any additional needed water will come from the mill's currently permitted well water supply. He stated the water system will be fully contained with n~~ discharge with the ability to send any excess water back to the Franklin Paper Mill effluent treatment system. He stated the added facility will help relieve congestion on Union Camp Drive and ]nternational Paper is in the process of filing documents to have the remains of the cemetery relocated. Albert Burckard, Newport District, presented a reguest that lnternational Paper involve the Gravesite Survey Task Force when the grave site is moved. Chairman ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of International Paper. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw abstaining from discussing and voting on the application stating a potential conflict of interest. Chairman ivy called for a public hearing on the following: J. The application of James and Sheri W. Taylor, owners, for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002 (B)(2)(a.) to allow eneroaehment of 48 feet into the ] 00 foot Resource Protection Area Buffer for the 14 construction of a single-family residence. The property, containing 1.252 acres of land is known as Lot 158, Section 3, of the Carisbrooke Subdivision, located on the south side of Whippingham Parkway (Route 662) in the Newport Election District. Interim County Attorney Burton certified that the public hearing had been properly advertised. Beverly H. Walkup, Director of Planning and Zoning, drew the Board's attention to the Planning Commission's recommendation of denial for that appl ication. Chairman ivy called for persons to speak in favor of or in opposition to the application. No one spoke in favor of or in opposition to the application. Chairman ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board deny the application due to the applicant not meeting the criteria of the Chesapeake Bay Preservation Area Ordinance. 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 a public hearing on the following: K. The application of Carlton D. O'Neal, owner, and St. Luke's Village, LLC, applicant, for a change in zoning classification from Conditional Rural Agricultural Conservation (C-RAC) to Conditional-Planned Development-Mixed Use (GPD-MX) of approximately 4.7 acres of land located on the north side of Brewer's Neck Boulevard (Route 258/10) approximately 1200 feet from the intersection of Brewer's Neck Boulevard and Benns Church Boulevard in the Newport Election District. The purpose of the application is to develop 40 residential units consistent with the adjacent St. Luke's Village. Beverly H. Walkup, Director of Planning and Zoning, advised that following the Planning Commission meeting, staff has received an updated Traffic Impact Analysis, which has been included in the Board's agenda. She noted that comments have not been received from URS Corporation, the eonsultant who is to conduct the independent Tra~c Impact Analysis, nor has staff received comments from VDOT. 15 Chairman ivy opened the public hearing and called for persons to speak in favor of or in opposition to the application. Brandon Currence, Architect, yielded to the Board's preference to not hear his presentation until the Board has received the consultant's reports noted above. Chainnan ivy closed the public hearing. Billy Miller, representing the applicant, noted that Mr. O'Neal is 85 years old and in declining health. He requested that the Board consider the application at its June 14, 2007 meeting. Interim County Attorney Burton stated that until the Board has the reports from the consultants, it is not prepared to move forward. Supervisor Clark moved the Board table the application until certain reports are received from URS and VDOT relative to improvements to the existing intersection and associated costs. 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 a public hearing on the following: L. An Ordinance to Amend Chapter 11.2. Noises Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chainnan ivy called for persons to speak in favor of ar in opposition to the proposed Ordinance. No one spoke iu favor or in opposition to the Ordinance. Chairman lvy closed the public hearing and called far comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 11.2. NOISES WHEREAS, the Isle of Wight County Board of Supervisors is concerned about the effect unnecessary or excessive noises may have on the health, safety and welfare of its citizens. NOW THEIZEFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 11.2, Noises be amended as follows: 16 Sec. 11.2-1.Unnecessarv or Excessive Noises Generally. lt shall be unlawful for any person to make, or to cause or allow to be made, upon any property in the County, any unnecessary or excessive noise or sound, whether vocally, mechanically, electronically or otherwise, or of such a character, volume, duration or frequency as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any person of ordinary sensitivity. Sec. 1 I.2-2Noises Ex rp essly Prohibited The following acts are specifically declared to be in violation of this Chapter, but such enunleration shall not be deemed to be exclusive: (a) Horns, srgnaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bicycle or other vehicle on any street or public place in the County, except as a danger warning; the creation by means of any signaling device of any unreasonable, loud or harsh sound; and the sounding of any signaling device for an unnecessary or unreasonable period oftime. (b) Radios, phonographs, etc. - GE~nerally. Using, operating or permitting the play, use or operation of any tape recorder, radio receiving set, musical instrument, phonograph or other electronic machine or device for the production or reproducing of sound in such a manner, or of such a volume as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any other person who is not within the confines of the room, vehicle or property in wliich such machine or device is operated and who is not a willing listener tliereto. The operation of any such device in such a manner that the resultant noise or sound is audible at a distance of at least fifty (50) feet from the building, structure, property ar vehicle in which it is located shall be prima facre evidence of a violation of this Chapter. (c) P~roduction of sound from radios, phonographs, etc., on streets. Using, operating or perinitting the play, use or operation of any tape recorder, radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other electronic machine or device for the producing or reproducing of sound upon public streets or parking lots, unless the resultant noise or sound shall not be clearly audible at a distance greater than fifty (50) feet from the vehicle or other enclosure in which it is contained, or at least fifty (50) feet from the source thereof, if not contained within any vehicle or otherenclosure. (d) Animals. The keeping of any animal which shall be the source of any noise or sound of such character, volume, duration or frequency as to disturb, injure or endanger the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. 17 (e) Exhaust discharges. The discharge into open air of the exhaust of any steam or diesel engine, stationary internal combustion engine, chain saw, power mower, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent any noise or sound of a character, volume, duration or frequency which disturbs, injures or endangers the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (~ Defects in vehicle. The use of ~any automobile, motorcycle or other vehicle so out of repair or loaded in such a manner as to create loud and unnecessary grating, grindin~, rattling or other noise or sound of a character, volume, duration or frequency which disturbs, injures or endangers the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (g) Shouting l~y peddlers, hawkers, etc. The shouting and crying of peddlers, hawkers and vendors of a character, volume, duration or frequency which disturbs, injures or endangers the quiet, comfort, repose, health, peace or safety of any other person of ordinary sensitivity. (h) Noise to att~°act attention to pei formances, etc. The use of any drums or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show or sale. (i) Engine braking. The creation of any unreasonably loud, disturbing or unnecessary noise by the application of engine brakes by any driver of a motor vehicle, which is not as a result of a bona fide emergency occurrence necessitating the application of an engine brake. Sec. 11.2-3.Exemptions. This Chapter shall apply only with respect to noise or sound received or heard in zoning districts in which residential use is permitted, whether or not exclusively, under the provisions of the County Zoning Ordinance, as it may be amended from tiine to time, and, notwithstanding any provisions of this Chapter to the contrary, shall have no application to fire, rescue, police, ambulance or other emergency vehicles or aircraft or to any noise or sound created thereby or to any noise or sound created by any person to sound a warning or to call attention to a bona fide emergency. This Chapter shall not apply to noise or sound which customarily accompanies bona fcde parades, sporting events, public functions or public commemorative events, nor to noise or sound which customarily accompanies activities of churches and synagogues, nor to activities conducted in any gymnasium, arena, theater, amphitheater, swimming pool, stadium, rifle range, gun club or any similar sporting activity, whether any such activity occurs indoors or outdoors, except to the extent that any such parade, function, event or activity shall be prohibited or limited, either expressly or by necessary implication, by the 18 terms or conditions of any required use permit issued in connection therewith, or to the extent that such parade, function, event or activity shall be conducted without a use permit when such permit is required by any provision of Appendix B of this Code. Nothing in this ordinance shall be interpreted so as to interfere with legitimate agricultural activities. Sec. 11.2-4.Penalties. Any person violating any of the provisions of this Chapter shall be deemed guilty of a Class 3 misdemeanor. Upon any subsequent conviction within a period of twelve (12) months, the violator may be found guilty of a Class 2 misdemeanor. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. 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 a public hearing on the following: M. An Ordinance to Amend Appendix B, Zoning, Article IX, Signs, Section 9-1013.D.1, Nonconforming Signs. Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman ivy called for persons to spealc in favor of or in opposition to the proposed Ordinance. No one spoke in favor or in opposition to the Ordinance. Chairman ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO ANIEND Appendix B, Zoning, of the Isle of Wight County Code WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHCREAS, the Isle of Wight County Board of Supervisors also seeks to allow flexibility in the administration of the ardinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. 19 NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County Code be amended as follows: 9-1013 Nonconforming Signs D. If a nonconfarming sign is destroyed or damaged in any manner, to ~he 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" ~f damaged to an 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 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 under thE provisions of this ordinance in effect at the time of replacement; ii. The replacement sign does not eneroach closer into the required yard; and iii. The sign otherwise complies to the provisions of this ordinance, including but not limited to size, height, content, construction standards, and sight triangle requirements. b. Signs conveying ideological, religious, social, charitable or governmental messages unrelated to businesses, services or manufacturing activities or goods cotmected therewith destroyed by vandalism or theft may be replaced in their original location and size dimensions. 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. // 20 Supervisor Bradshaw moved that the Board return to the regular order of the agenda. 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. // Chainnan lvy called for the coi~tinuation of Citizens' Comments. Donald Byrum, repair shop owner, stated that ports in other areas have been expanded while those in Hampton Roads were maintained intact. He noted that he did not believe that the I~ord plant closed because of transportation concerns. He stated there will be an increase of traffic around ports and he recommended opening earlier and closing later. He further recommended that the Interstatc Commerce of Container Shipments bear some of the cost associated with the increased transportation burdens on the area's roads. Tim Cunningham spoke in opposition to the creation of a Transportation Authority noting that it places an undue hardship on the County's citizens. He stated no one disputes the need to improve transportation in Norfolk and Portsmouth, but the question is who pays and how. He stated it will not help the County's prosperity and the County's growth can be managed prudently and slowly. He stated people will not do business in the County anymore because they can not afford such a high tax increase. He stated there has not been sufficient forethought or planning for the Authority with respect to when it dissolves and how it dissolves. Renee Bevan, Industrial Development Authority member, spoke in favor of a Transportation Authority. She stated congestion impacts the entire economy. She stated that if the Authority is approved, the taxes on the individual will be reduced in the long term, such as the effect improved roads will have on the growth of the Shirley T. Holland Commerce Park. She stated tl~e County has made a significant investment in the Park and the return on the investment will benefit everyone provided the roads are there to support the tenants. She stated the real estate tax revenue generated from distribution center space equals $260,000 per 1,000,000 square feet; therefore, 1,000,000 square feet represents $.Ol on the tax rate. She stated when build-out occurs at the Park, the real estate taxes generated could offset four (4) cents on the total tax rate. She stated the growth of the park depends on viable roads to move the goods and services or the opportunity will be lost to other ports such as Savannah and Charleston, both who are anticipating the needs for distribution space and investing a great deal of time and assets in attracting such businesses. She requested the Board to keep Hampton Roads competitive in the global marketplace. 21 Wilson Holland spoke in opposition to the Transportation Authority noting an anticipated 30% decrease in his business revenue. Joel Bradshaw, owner and operator of Bradshaw's Country Store in Carrsville, spoke in opposition to the proposed Transportation Authority. He stated that the Board currently does an inadequate job of supporting small business owners and if he has to raise his prices an additional $.06, his customers will go to Franklin. He stated trarisportation concerns are a State problem, not a regional problem. Albert Burckard spoke in favor of the County joining the Hampton Roads Transportation Atrthority. He stated the County's economy is historically tied to the economics of the cities of Hampton Roads. He stated that others can not be expected to pay for the region's transportation systems and the County must do its part. Supervisor Bradshaw stated he has spoken with numerous individuals, elected officials and citizens regarding this issue. He stated that he respects the other Board members' opinions, but he does not believe an Authority is the way to go to alleviate road concerns. He stated the General Assembly is sending a message that they do not care about the County. He encouraged the citizens to vote the members of the General Assembly out of office who voted for this legislation. He stated the referendum held several years ago reflected that over 7l % of the citizens oppose an Authority. He stated the Authority will be created and controlled by the General Assembly and he can not support the County's joining the Authority because the citizens have voted against it. Supervisor Brown moved that the Board defer its vote on the matter of the County joining the Hampton Roads Transportation Authority until its June ] 4, 2007 meeting, which will be held at 3:00 p.m. This item is to be listed as the first item on that ageuda. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Ivy voting against the motion. // 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 ~~o Supervisors voting against the motion. Chairman ivy moved the Board return to open 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. // 22 Chairman ivy called for the County Attorney's report. Interim County Attorney Burton alerted the Board that item #7, the ten percent (10%) monthly gross charge to consumers of local mobile telecommunication service and Item #S, the $3.00 per liner per month for enhanced emergency telephone services, which were included in the Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year July l, 2007 through June 30, 2008 do not need to be reenacted each year unless there is a change of the tax rate. Interim County Attorney Burton advised that he had eleven (11) items to discuss with the Board latcr during the Closed Meeting. Interim County Attorney Burton requested the Board's permission to advertise an Ordinance to Amend Chapter 12. Offenses. Section 12.1 Bad Checks for public hearing at the Board's June 14, 2007 meeting. Supervisor Clark moved the Board authorize the County Attorney's office to advertise the matter for public hearing at the Board's June 14, 2007 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. Interim County Attorney Burton requested the Board's approval of a contract between The Addison Group and the County for advertising and marketing services. Supervisor Wright moved the Board authorize the Chairman to execute the contract between The Addison Group and the County on behalf of the Board. 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. Interi~n County Attorney Burton requested the Board's approval of a contract between Alpha Construction and Engineering Corporation and the County for the construction of the fire and rescue station in the Town of Smithfield. Supervisor Wright moved the Board autharize the Chairman to execute the contract between Alpha Construction and Engineering Corporation and the County on behalf of the Board. 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 the Parks and Recreation report. 23 Patrick J. Small, Assistant County Administrator, distributed handouts and advised that the architectural assessment of the Museum has been completed. He advised that demolition efforts have begun to the damaged portion of the basement and should be completed within the next forty-five (45) days. Chairman ivy inguired if the area that was the cause of the flooding had been mitigated. Mr. Small replied that the architect is recommending the entire closure of the back side of the museum, which includes the sealing of two (2) doors and three (3) windows. Chairman ivy inquired if it was known before by staff that this area would flood. Mr. Small replied that the previous Parks and Recreation Director had been advised by Museum staff on more ti~an one (1) occasion that the museum could, and likely would, flood. Chairman ivy inquired if the Board was ever notified. Mr. Small replied that neither the Board, nor the County Administrator, had been notified by staff of the potential fo~• flooding. He noted extensive repairs in the amount of $500,000 are needed in order to address certain electrical, inechanical, sprinkler and code compliance items. He stated staff's recommendation is to convert the basement level to office space. He stated that he hopes the Museum will be reopened by the first part of 2008. Mr. Small presented an agreement between LandMark Design Group and the County for professional services to design a Master Plan for the Hardy District Park. Supervisor Brown moved the Board autl~orize the Chairman to execute the Agreement for Professiona] Services for the Hardy District Park Master Plan. 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 motiou. Supervisor Wright inquired whether or not the original Master Plan for the Joel C. Bradshaw, Jr. Fairgrounds will be followed. He noted that recent articles in the local newspaper have been conflicting. Mr. Small advised that currently the roads are being developed in the Park; the amphitlleatre has been relocated; and pads for the tents have been installed. He stated leveling, grading and drainage efforts are currently the only items being addressed on the property at this time. He stated that all 24 design improvements being done have been overseen by the Fair Committee subcommittee. Supervisor Brown requested the status of improvements to Tyler's Beach. Mr. Small advised that Parks and Recreation staff have been directed to first review the operational and maintenance issues of the facility and in conjunction with a citizens' committee develop a long-term use plan for that property to be addressed in the upcoming capital budget cycle to determine if projects in 2010, 2011 and 2013 can be accelerated. He advised that the new Parks and Recreation Director is anticipated to begin work on June 11, 2007. Supervisor Bradshaw suggested a short-term solution to address the trash and restroom issues would be to hire part-time high school and college students to patrol and clean up the area during, the summer months. Chairman ivy suggested the Sherif~s Department could assist with issuing litter citations. Mr. Small requested the Board's approval to move forward with the gravel path and trail construction at Fort Huger. Supecvisor Wright moved that the Board authorize staff to proceed. 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 the County Administrator's report. County Administratar Caskey presented a Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following Resolution: R~SOLU7'ION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Isle of Wight County, Virginia (the `Borrower"), intends to acquire, construct and equip various capital improvements (the "Projects") as approved in Fiscal Year 2007-08 Capital Budget; and WHEREAS, plans for the Projects have advanced and the Borrower expects to advance its own funds to pay expenditures related to the capital improvements prior to incurring indebtedness and to receive reimbursement 25 for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the `Bonds") or fo incur other debt, in an amount not currently expected to exceed $43,000,000, to pay the costs of the ca.pital improvements. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures wit11 respect to the Project made on or after the date ~hat is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party tllat is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written alloc~tion by the Borrower that evidences the Borrower's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, Expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borro~~ver intends that the adoption of this resolution confirms the "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resotution shall take effect immediately upon its passage. 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. 26 Donald T. Robertson, Director of' Information Resources and Legislative Affairs, reported that he has received very positive feedback in regards to the County newsletter. He advised that the next newsletter will be finalized in June, 2007 and staff has been contacted with requests to be included in the newsletter. Kari L. Sletten, Director of Information Technology, requested the Board approve the Computer Network Acceptable Use Policy which has been revised to reflect how e-mails are currently handed by the IT Department with respect to the tive (5) year retention poli~.y. Supervisor Bradshaw moved the Board approve the Computer Network Acceptable Use Policy. The motion was adopted by a vote of (5-0) with Supervisars Bradshaw, Brown, Clark, Wright and lvy voting in favor of the motion and no Supervisors voting against the motion. Mr. Small represented the unresolved item from the joint Fire and Rescue meeting last evening with respect to a grant received by the Rushmere Volunteer Fire Depart~nent for a new truck. He advised that the Directar of Budget and Finance has identified $15,000 in the chipper line item which can be reallocated to the Rushmere Volunteer Fire Department to meet the match portion of a grant. He noted that the capital budget item with respect to the Carrollton Volunteer Fire Department will be brought back to the Board far consideration at its June 14, 2007 meeting. Supervisor Brown recalled that the Board's motion relative to the truck for the Rushmere Volunteer Fire Department was not to exceed $20,000 in case of increased prices. Supervisor Brown ~noved to authorize the Director of Budget and Finance to reallocate an amount not to exceed $20,000 from the Chipper line item to the Rushmere Volunteer Fire Department. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of tlle motion and no Supervisors voting against the motion. // Chairman ivy called for consideration of the Consent Agenda. A. Virginia Department of Motor Vehicles - Grant Funding for the Click-It or Ticket/Highway Safety Program Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Motar Vehicles for the Click-It or Ticket/Highway Safety Program B. Additional Funding for Law Enforcement 27 C. Funding for Electoral Board D. GIS Fee Schedule E. Computer Network Acceptable Use Policy (Moved to the County Administrator's Report under Approval of the Agenda) F. Preliminary Site Plan for the Proposed Fort Huger Parking and Trail Plan G. Delinquent Real Estate Tax Collection Monthly Report H. March 23, 2007 Joint Meeting Minutes April 5, 2007 Regular Meeting Minutes April 19, 2007 Regular Meeting Minutes Supervisor Bradshaw moved that the Board remove Item (C) from the Consent Agenda and approve the remaining items. 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 (C), Funding for Electol•al Board, Chairman ivy moved that the Electoral Board's request 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. // Chairman ivy called for Appointments. Supervisor Brown moved that Hazel Edwards be appointed to serve on the Blackwater Regional Library Board representing the Hardy District. Her term will expire June 30, 2010. 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 Marion Neighbors be appointed to serve as the "At Large" representative on the Blackwater Regional Library Board. His term will expire June 30, 2011. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of Yhe motion and no Supervisors voting against the motion. // Chainnan ivy called for Old Busiuess. 28 County Administrator Caskey requested the Board consideration of individuals to serve on the Board of Assessors with respect to the 2008 reassessment. Chairman ivy moved that the Board appoint A1 Casteen to serve on the Board of Assessors for the 2008 reassessment process representing the Smithfield 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 the Board appoint Brandon White to serve on the Board of Assessors for the 2008 reassessment process 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. // Chairman ivy called for New Business. There was no new business offered for discussion by the Board. // Interim 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 a specific property located in the Founder's Pointe, Eagle Harbor and Gatling Pointe Subdivisions; 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 the BFI garbage franchise; pursuant to Section 2.2-3711.A.7 of the Freedom of lnformation Act for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; 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 the Town of Windsor; pursuant to Sections 2.2-37ll.A.5 and A.7 of the Freedom of Information Act for the li~nited purpose of consulfation with legal cow7sel requiring the provision of legal advice pertaining to a specific contract with the business of the County's industrial park; 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 the Memorandum of Understanding regarding the Treasurer and the Commissioner of the Revenue; pursuant to Sections 2.2-3711.A.1 and A.7 of the Freedom of Information Act for the limited purpose of consultation with legal counsel requiring the provisioi~ of legal advice pertaining to a personnel matter of a specific public official; pursuant to Sections 2.2-3711.A.7 of the Freedom of 29 Information Act for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to a specific contract regarding emergency management; pursuant to Section 22-3711.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 a Memorandum of Understanding regarding Pinewood Heights; pursuant to Section 2.2-3711.A.1 of the Freedom of Information Act for the limited purpose of consultation with legal counsel requiring the provision of ]egal advice pertaining to a personnel matter of a specific public official; and pursuant to Section 2.2-371 1.A.1 of the Freedom of Information Act for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to specific contracts regarding fire and rescue equipment. Supervisor Clark moved 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 Clark 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. Supervisor Clark moved the Board adopt the following Resolution: CERTIFICATION OF CLOSLD MEETING 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 of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in confonnity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hei-eby 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 bus~ness matters as were identified in the motion convening the closed meetirig were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Brown, Bradshaw, Clark, Ivy and Wright 30 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved the Board adopt the Resolution to Authorize the Emergency Purchase of Fire and Rescue Equipment as discussed in the 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 Bradshaw moved the Board appoint W. Douglas Caskey as the Interim Emergency Services Director. 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 advised that the School House Museum officially opened on Saturday, May 19, 2007. He thanked the Board for its financial support of this project. // At 10:45 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. ' ~~ ` ~-c~,~,r~) Carey Mills Storm, Clerk Approved as to turm: ~ y~ ~'~~~- `'~ ~Ldt.~ ! r~ ~?a.-+.,! A. P~ul Burton Intcrim County Attorney ~'~ ~,,-L_'".__~ ~ Stan D. Clark, Vice-Chairman 31