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06-10-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice-Chairman Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk th Chairman Clark introduced Zack Gaskins from Carrsville, a 10 grade student at Windsor High School, who called the meeting to order at 4:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the Closed Meeting, add four (4) matters for a total of six (6) matters; under the County Administrator?s report, add a Board Report pertaining to the NACo Annual Conference and attendant NACo 2008 Credentials (Voting) Identification Form; under the County Administrator?s report, add a Board Report and attendant resolution affirming the County?s support and shared financial commitment to a study to be conducted by the U.S. Army Corps of Engineers with respect to the Chowan River Basin; consideration of a request to defer the Bridge Point Commons project to August 21, 2008; under New Business, formation of a committee for the village of Zuni, per the request of Supervisor Bradshaw; under New Business, discussion of part-time holiday pay for part-time employees, per the request of Supervisor Bradshaw; under Old Business, discussion of Franklin charges regarding wastewater treatment, per the request of Supervisor Bradshaw; and, under New Business, discussion of an animal control matter, per the request of Supervisor Brown. 1 Chairman Clark moved that the Board defer the Bridge Point Commons project to the Board?s August 21, 2008 meeting. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown abstaining from voting on the matter. Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations/Appearances. Chairman Clark presented a Resolution of Appreciation to William E. Laine, Jr., which was adopted by the Board at its May 15, 2008 meeting. Marti Chick-Ebey, Assistant Director of the Mission of Hope and Vicky Moody, Secretary to the Mission of Hope, briefed the Board on the accomplishments and goals of that effort to address homelessness. Steve Wampler, President, Wampler-Eanes Appraisal Group, LTD, advised the Board that the last reassessment occurred in July, 2007 and notices were mailed in May, 2008. He further advised that the hearings, which began May 27, 2008, have now been concluded consisting of 282 appointments and 250 informal appeals, which equates to 3% of the total parcels. He stated that the Board of Equalization is currently concluding its review and there is one (1) additional meeting of the Board of Assessors. He stated that second notices to the public will be sent out in July, 2008. Supervisor Bradshaw commented that staff has been requested to prepare a summary of all programs currently in place in the County related to the preservation of agricultural farmland in the County. County Administrator Caskey distributed a compilation of information pertaining to the various County policies and programs adopted by the Board that focus on protecting and preserving agricultural and forestal lands, as well as open space. Supervisor Brown commented that as a result of his appointee to the Board of Assessors not being available to the public during the hearings, he had received five (5) calls from constituents who were not satisfied with their assessment. Mr. Wampler advised that those individuals should voice their concerns to the Board of Equalizations at this point in time. 2 Thomas Finderson, Chairman of the Board of Assessors, advised that the most common complaint heard was related to estate taxes. He recommended that staff work in conjunction with the Isle of Wight Extension Office and the Commissioner of Revenue to develop brochures that could inform farmers on the strategies available that can greatly reduce estate taxes. He advised that Bill Johnson, a local CPA, has offered to meet with the farmers and assist them in this regard. He further recommended new photographs be taken of the entire County and that software be purchased capable of calculating co-effience of dispersion index of regression. Supervisor Bradshaw moved that staff explore the possibility of developing information to provide financial aid for estate taxes for farmers in the County; explore the possibility of working with the Commissioner of the Revenue with respect to updating the photographs of the entire County; and, explore with the Commissioner of Revenue the software to calculate the coefficience of dispersion index of regression and report back to the Board with recommendations. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Dr. Michael W. McPherson, Superintendent of Public Schools, advised the Board that an identified priority within the school?s budget this year was the need to expand technology within the school system and that a contract to accomplish such has been signed with Charter Communications. He advised that a Voice Over IP system has been installed at Windsor High School with four (4) other localities identified for expansion this year. He stated that plans to install cameras in the various County school facilities will improve the safety of the students; provide additional surveillance to the school?s Building and Grounds personnel; and, eventually provide surveillance capabilities to law enforcement officials with respect to monitoring the County?s schools. He stated that he hopes that the schools will be able to offer the County the ability to review a different phone system for its use. He advised that this year there were a total of 33 vacancies; 12 of which have not been filled although there are applicants for all of those positions. He advised that plans to do a survey with school employees are underway, which will provide employees an opportunity to provide their input with respect to performance of the school administration. He advised that fuel costs have increased substantially creating a shortage in the budget relative to fuel costs, but that there have been cost-effective measures put in place to help address this shortage. He advised that the school system is also actively pursuing additional support through grants and received grants from International Paper and Virginia Dominion Power. He advised that the Pruden Center was successful in receiving a $120,000 grant from the State for the 2008-2009 year. // 3 Chairman Clark called for Regional Reports. Supervisor Bradshaw distributed information relative to the Hampton Roads Economic Development Alliance?s recent meeting. He reported that a local search for an individual to replace Jones Hooks is underway, to be followed by State and national searches, if necessary. Supervisor Bradshaw reported that he had attended a VACo Resolutions Committee meeting to further develop a legislative program and that the Secretary of Transportation, Pierce Homer, had spoken on the Governor?s transportation plan. He further reported that he, Supervisor Wright and County Administrator Caskey had attended the Governor?s recent Town Meeting on transportation in response to the Governor?s and VACo?s request. Supervisor Brown reported that the Southeastern Public Service Authority?s operating budget for 2009 is $102,242,232, which represents a 1% increase over last year. He advised that there would be a public hearing on the revised preliminary tipping fee schedule on June 25, 2008 at 9:30 a.m. He indicated that all of SPSA?s regional members with the exception of the cities of Suffolk and Virginia Beach are on-board with the issue of waste flow control. He advised that the current municipal tipping fee is $104 per ton for the first seven (7) months and will be $80 the last five (5) months of the fiscal year. He reported that there have been significant changes to trailer tops with respect to litter control. // Chairman Clark called for Transportation Matters. Kristen M. Mazur, County Engineer, requested that the Board award the contract for the Isle of Wight County Transportation Plan to Michael Baker Corporation in the amount of $99,995. Supervisor Wright moved that the Board authorize staff to award the contract to Michael Baker Corporation in the amount of $99,995. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Mazur, responsive to the Board?s direction at its May 1, 2008 meeting, called attention to the Isle of Wight County unpaved roads list contained in the agenda for the Board?s discussion. Supervisor Wright requested that Ms. Mazur research where Poor House Road should be located in the list. 4 Supervisor Casteen recommended that a column be included on the list indicating the number of homes being serviced with the understanding that the list, in its current order, would not be changed. Supervisor Bradshaw disagreed, stating that the list, in its current form, has been in existence for over thirty (30) years and that changing it now, in any form, would give the wrong impression to citizens. Chairman Clark commented that while he would never vote in favor of changing the list, he did not have a problem with Supervisor Casteen wanting additional information. Supervisor Casteen directed staff to provide him with a copy containing the numbers for his personal use. Supervisor Brown informed Ms. Mazur that the ditches on Holly Point Way have been filled in with dirt during the recent grading of the roadway. Supervisor Casteen moved that staff be directed to revise the Roads List to include a column indicating the number of homes being serviced on each road. The motion was defeated by a vote of (3-2) with Supervisors Casteen and Clark voting in favor of the motion and Supervisors Bradshaw, Brown and Wright voting against the motion. Ms. Mazur, reported on a recent meeting with VDOT in which staff was informed of VDOT?s limited funding resources. She noted that staff needs to begin prioritizing their requests due to the continuing lack of State funding for maintenance projects. Supervisor Bradshaw recommended that citizens contact their members of the General Assembly requesting that transportation problems in the State be corrected. Ms. Mazur advised that VDOT has requested the County to pick the order in which the Owens Estates and Route 460 projects are be handled due to a limited amount of drainage staff and preliminary funds. Supervisor Bradshaw noted that the flooding of Route 460 impacts the evacuation of Norfolk and Virginia Beach, which is a State issue and which precedes his service on the Board. Supervisor Brown noted that the flooding problem in Owens Estate results in a loss of real property and was created by the State during the banking design of Highway 10. Mac Neblett, Residency Administrator, advised Supervisor Bradshaw that the flooding problem on Route 460 may be solved without VDOT having to install additional drainage facilities beneath Route 460 provided 5 that VDOT is able to widen the ditch at the point where the box culvert comes underneath Route 460 to address obstructions downstream. Mr. Neblett inquired if the Board wished for VDOT to continue on with the Route 460 study or stop it and begin the study on Owens Estates. Following discussion that VDOT is currently working on Route 460 and should be complete by the end of the summer or early fall and then could switch over to Owens Estates, Supervisor Bradshaw moved that VDOT be requested to move forward with the Route 460 drainage project and follow up with Owens Estates as soon as possible. Staff and VDOT are to provide a monthly report to the Board on the status of both projects. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested that staff remove Items 2, 3, 5 and 6 from the list, as well as Rainbow Road and Whispering Pines. Supervisor Casteen inquired about the status of the Route 10 Bypass widening project on Route 258/Main Street. Mr. Neblett responded that he is reviewing whether or not safety funds can be utilized for the right-turn lane. Supervisor Casteen moved that staff be directed to pursue doubling the length of the right-turn lane at the intersection of Route 10/258 and that it be part of VDOT?s Highway Safety Improvement Program. The motion was adopted by a vote of (4-0) with Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. Chairman Clark requested that VDOT begin to look at its intersections with respect to allowing motorists the ability to proceed through on green lights rather than stop signs and green turn arrows. Supervisor Bradshaw requested that Mr. Neblett respond to Mrs. White?s request for ditch work in Camptown. Ed Easter requested the status of Yellow Rock Road being taken into the State system. Ms. Mazur advised that she will be bringing a resolution for the Board?s consideration to request that VDOT include Yellow Rock Road into the State system at the Board?s July 1, 2008 meeting. She advised that following adoption of the Resolution, the County needs to donate the right- of-way to VDOT and have it surveyed to ensure that all utilities are in place before requesting that it be placed on the list to be paved. 6 Chairman Clark requested that Ms. Mazur return with an estimated amount to accomplish getting the road graded and that she stay in touch with Mr. Easter on this project. Mr. Neblett notified the Board that construction work would begin tomorrow (June 11, 2008) on the Route 58/Business Carrsville Highway Bridge over the Blackwater River. // Chairman Clark called for Citizens Comments. Lyle Hornbaker, resident of Cary Street in Smithfield and a representative of the Western Tidewater Radio Association, invited the Board to attend a Ham Radio Field Day on June 28, 2008 from 11:00 a.m. until 5:00 p.m. on the front lawn of Boykin?s Tavern. Elliott Cohen requested assistance from the Board regarding increased communication with the Board of Assessors and that he be allowed additional time to discuss particulars associated with his property with the Board of Assessors. Supervisor Bradshaw moved that Mr. Cohen?s comments pertaining to adjusting the amount of time an individual has to communicate with the Board of Assessors be further discussed under New Business. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. John Springfield, Ashby Subdivision, thanked the Board for the opportunity given to citizens to address their concerns relative to Bridge Point Commons. He advised that staff and the developer have met twice with residents of Ashby Subdivision to discuss their concerns and they expect to continue to work towards a successful conclusion for all involved. Jerianne Gardner, President of the Isle of Wight County Historical Society, inquired how the Clerk of Circuit Court records from 1600 to 1890 will be stored in the new Courts Building and how will fire suppression be addressed. She advised that the Historical Society pays to maintain those records and it would like some input as to how they will be protected, if moved to the new building. She stated that the Historical Society would like the opportunity to digitize the records from 1600 to 1890 as they are being affected from wear and are losing actual page numbers. She advised that the Historical Society would like to have a cost-share agreement with the Board. Chairman Clark moved that the Board direct staff to investigate Ms. Gardner?s concern with the preservation of the records as it concerns the 7 transfer to the new Courthouse and that staff contact the Historical Society (and Sharon Jones, Clerk of Circuit Court) and address the preservation and digitation of records that are deteriorating. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for a five-minute recess, which passed unanimously (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session, which passed unanimously (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton presented a request to renew the agricultural lease for the Johnson Farm. Supervisor Wright moved that the Board authorize the Interim County Attorney to prepare the 2009 lease for the Johnson Farm. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a request from Mr. Crumpler for a permanent 50-foot right-of-way easement through the Camp Washington property owned by the County. He stated that Mr. Harrell feels that no compensation is justified because they are landlocked and willing to work with the County. He advised that he has been unsuccessful in getting a map or sketch from Mr. Crumpler, but that he understands that they have been in touch with Supervisor Bradshaw and he is familiar with this situation. Chairman Clark cautioned that each time an easement is allowed on a property, it becomes a less marketable piece of land. He stated that while he is not opposed, he would like to see where the easement is being proposed. Supervisor Bradshaw noted that the easement could most likely be on the far side of the property near the convenience center as there is already an existing path. 8 Supervisor Bradshaw requested that Interim County Attorney Burton follow up and provide a reference map delineating the proposal. Supervisor Wright requested that he be advised about ingress and egress and whether or not ditches are being cut and wetlands are being drained. Interim County Attorney Burton will bring the matter back to the Board with additional details regarding the property. Interim County Attorney Burton presented a Memorandum of Agreement to cancel the Section 8 Agreement between the Department of Social Service and the County. Supervisor Bradshaw moved that the Board terminate the Section 8 Memorandum of Agreement between the County and the Social Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a three-year lease between Franklin E. Hall and the County relative to the Health Department. Chairman Clark moved that the Board authorize the County Attorney?s office to present a three (3) year lease to Hallwood Enterprises, Inc. with a ninety (90) day termination clause. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed agreement between the County and the Town of Smithfield with respect to the property located on James and Washington Streets to be deeded to the Town by the County for the purpose of relocating the residents living in the Pinewood Heights Subdivision in accordance with the letter from Mayor Chapman dated November 7, 2007 per the request of Supervisor Brown. Supervisor Brown commented that when the issue first came up, he spoke with the other members of the Board and inquired if they would be willing to come to the aid of the Town. He stated that there was a $1 million grant which required matching funds and the Board agreed that the County would contribute $750,000 in-kind. He stated that pursuant to that, the Board received a letter from Mayor Chapman and the Smithfield Town Manager that the land would be used as a resource for the relocation of the Pinewood Heights residents. He stated that the draft prepared by Interim County Attorney Burton simply captures the language that was in the letter from the Mayor dated November 7, 2007. 9 Supervisor Casteen commented that he has a problem with the County telling the Town what to do. Responsive to Chairman Clark, Interim County Attorney Burton advised that Attorney Riddick has prepared the Deed, but that the property has not yet been conveyed to the Town. He confirmed that the Board had previously made a motion to authorize the conveyance of the land to the Town, but that the Deed has not yet been executed or signed. Supervisor Casteen commented that the Board voted to convey the land at the Board?s January 17, 2008 meeting at which time Supervisor Bradshaw commented that he did not think it was appropriate for the Board to be telling the Town what to do with property located within the Town?s limits. He stated that he was not in favor of the motion because he thought that the Town needed additional time to address the issue that is now being discussed. He noted that the Board had previously postponed taking any action regarding the water changes with the Town of Windsor to ensure that the Board was in sync with the Town?s thinking and now he needs additional time to get the Board in sync with the Town of Smithfield. Supervisor Brown commented that nothing is being done differently than what was originally agreed with the Town of Smithfield and the Town has written the Board a letter stating the same terms as evidenced in the correspondence. Supervisor Casteen stated according to the agreement, the Board can sue the Town if it does not do exactly as the Board tells it to do and he has a hard time with that. Supervisor Brown commented that the Board is merely living up to the intent of the letter that Mayor Chapman wrote to the Board agreeing to accept the property on the condition that was stated. Supervisor Casteen commented that when the Board originally took action, it did not tell the Town of Smithfield that they had to do it. He noted at a minimum, he would request that the Board defer this matter until he has an opportunity to confer with the Town of Smithfield on this matter. Chairman Clark commented that the letter written by Mayor Chapman and the agreement did not include any reference to damages. He stated it appears to be just a general understanding. Interim County Attorney Burton advised that there are two (2) earlier memos that he prepared pursuant to the Board?s direction. Supervisor Bradshaw recalled that Wendy Dean appeared before the Board in November, 2006 for the purpose of requesting the County to participate in the Pinewood Heights relocation project. He recalled that the 10 Board had even called a special meeting and voted at that meeting because the Town had a time limit on the grant. He continued that the Board guaranteed the Town the amount of funding as either cash or in-kind and that the Board had offered the property under discussion at that meeting. He stated that the issue had already been discussed prior to that meeting between staff, the former Chairman, Tom Ivy, and Supervisor Brown with the Smithfield Town Council that the property was available and that is what the property would be used for. He stated that the Board never received an official acceptance from the Town of Smithfield, which is why the Board requested that the Town provide a response and former Chairman Tom Ivy sent two (2) letters to which the Mayor of Smithfield responded in November, 2007. County Administrator Caskey advised that following the meetings in 2006, the attorneys agreed that the Town of Smithfield would draft a Memorandum of Agreement which contained wording that made reference to the property, which was ultimately executed between the County and the Town in March and April, 2007. He stated that several months had elapsed and the Board was anticipating the Town to advise it whether or not the Town wanted the property. He stated that the former Chairman, Tom Ivy, wrote a letter in May, 2007 to the Mayor of Smithfield and the letter contained in the agenda is a response back to the Board from the Mayor of Smithfield. Supervisor Bradshaw commented that the conveyance of that property was contingent upon the property being used for the relocation of the Pinewood Heights residents in support of the grant. Chairman Clark stated that the Board?s intention was that the property be used for the relocation of the Pinewood Heights residents and he hopes that the Town will honor the Board?s intention for the relocations of those residents; however, he is not sure that it was done in such a way that the Town would legally be required to do that. Supervisor Casteen stated that Mayor Chapman?s letter refers to the property as a relocation resource. Supervisor Brown noted that all the other requests came up after the property was designed to the relocation of the Pinewood Heights residents. He stated that the original intent was for that property to be dedicated for the relocation of the Pinewood Heights residents. Supervisor Bradshaw noted that the discussion that occurred in January was due to the lack of action of the Smithfield Town Council. He stated the Board threw its hands up and said let the Town do what it wants to do, but the original intent, by motion of the Board in 2006, was for the Pinewood Heights relocation. 11 Supervisor Casteen stated that he had no problem with the property being a resource, but he did not agree with the County telling the Town what they have to do. He stated that the Town of Smithfield would build some houses on the property if at all possible. Chairman Clark stated that it was the Board?s intent for the property to be used for the relocation of the Pinewood Heights residents, but he is not sure if that was sufficiently addressed in the MOU. Interim County Attorney Burton stated that he had provided the Board th with copies of the two (2) memos drafted, the first dated January 29 and th the other dated May 8 and because of the language in the MOU, it clearly was the intent of the Board, but it does not make it mandatory and the Town would have the flexibility to use the land as it chooses. Supervisor Bradshaw stated that when the Board voted in 2006, the reason that the Board was conveying the property was for the relocation of the Pinewood Heights residents and that was the single reason that the Board conveyed the property to the Town. Supervisor Casteen advised that the former Chairman Tom Ivy advised him at a presentation in October, 2007 when the results of the design competition was revealed that the County had extended an offer to give the Town of Smithfield $750,000 in cash or give them the property as part of that which would be assessed and deducted from that and the County would then put in any difference. He stated that he told him that folks who lived in that area were trying to pin him down about what was going to be done with respect to Pinewood Heights and that it was an option, but not a guarantee, that the Town had the option of just taking the money or taking the land and some money or whatever. He stated it was a resource and an option for the Town. Interim County Attorney Burton noted that the original MOU was drafted by the Town of Smithfield and presented to the Board and it was always his position, and that was the intent, that the Board was supporting the Town in providing money to them whether in cash or in-kind. He stated that he did not get specific on what the Town must do, although it was the intent. Chairman Clark inquired how an agreement that imposes penalties would work which was not contemplated in the original MOU. Interim County Attorney Burton stated that he did not know that the Town would agree, but that the Board needs to provide staff direction on whether to go forward to present this agreement to the Town. Chairman Clark stated that the Town has relied on the MOU and done things in anticipation of the written agreement. 12 Responsive to an inquiry from Supervisor Wright, Ms. Walkup advised that the Town was awarded the grant in phases; however, she is unsure what the Town?s contractual arrangement is for the first phase. She advised that she had served as part of the group who considered what the offer would be for the County and that the County had offered Booker T. Estates as the relocation resource. Supervisor Brown stated that the award of the grant was predicated on the Board making the money available to the Town, in-kind or cash. Ms. Walkup commented that it was a decision of this Board as to whether the Board wanted to offer the property as a relocation resource or not. She stated that the Town began to focus on that piece of property and was not interested in Booker T. Estates and then the Board?s discussion followed whether or not the Town wanted the property and the Board wanted the Town to respond to the Board as to its intent because the Town did not want to move the residence outside the Town limits. She stated that Booker T. Estates was mentioned because staff had a block grant going on at that time and those lots could be made available immediately. She stated that the Town was encouraged to negotiate with other private interests to lock in on some block grant funds. She advised that the Board mentioned that Booker T. Estates could be used as a resource, this property could be used as a resource with the intent of it being used for the relocation of the Pinewood Heights residents, as well as Evergreen Acres. She stated that whatever the resource is, the County is tied to the $750,000 and staff needs to ensure that the County gets credit for it. Supervisor Bradshaw commented that the Board needs to find out what the Town is doing on this project and what its intent is. He stated the real purpose for conveying this property was to be able to move people who are living in conditions that no one in this room would want to live in and provide a quality of life to these individuals that is acceptable. Supervisor Clark suggested that the matter be addressed at the next meeting of the Intergovernmental Relations Committee. Chairman Clark interpreted that Supervisor Brown wanted to make a motion that the Board be authorized to send the agreement to the Town of Smithfield. Supervisor Brown commented that if the Interim County Attorney feels that it needs to be revised he would be amenable. Chairman Clark inquired if Supervisor Brown wanted to table the matter until the Board?s next meeting and allow the Interim County Attorney additional time to work on the agreement. 13 Supervisor Brown noted that keeping in mind the concerns that have been voiced, is there anything that the Interim County Attorney can do to refine the agreement any further than currently written. Interim County Attorney Burton stated that the Board needs to find out where the Town is and what they are willing to do. Chairman Clark recommended that a special meeting of the Intergovernmental Relations Committee be called to discuss the matter. Supervisor Casteen proposed that the Board allow the Smithfield District representative to pursue some reconciliation with the Smithfield Town Council. Supervisors Bradshaw and Brown advised that they were not in favor, noting that Supervisor Casteen is already biased. Supervisor Wright suggested that Smithfield representatives attend the Board?s July 1, 2008 meeting to advise what the Town of Smithfield intends to do with the property. Supervisor Casteen commented that he would direct that the agreement be sent to the Mayor and Mr. Stephenson and that he would deliver it to them. Supervisor Brown commented that they did not need to have the agreement at this time. Supervisor Brown moved that staff be directed to request the Smithfield Town Manager and Mayor Chapman to attend the Board?s July 1, 2008 meeting to discuss the property at James and Washington Streets and that they be prepared to advise the Board regarding the status of the Pinewood Heights project. 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 Casteen voting against the motion. Interim County Attorney advised the Board that he had six (6) matters to discuss with the Board during the Closed Meeting. // Chairman Clark called for the General Services report. Kristen M. Mazur, County Engineer, briefed the Board on the status of the Joel C. Bradshaw Fairgrounds construction project. She advised that to date, $2.12 million has been expended and the project is 95% complete. She advised that all storm pipes and drainage structures have been installed; grading, rough and final, has been completed; the internal path is completed 14 and the gravel needs to be cleaned off; the bull ring has been constructed and the road, with turn lane, has been completed except for the striping; the poll barn has been completed; the outdoor theatre pad is in place and light poles have been installed; hydro-seeding is complete within the fence; and, the irrigation pond is complete. She advised that small sprinklers and the existing well are now being used for irrigation and that beginning this week, water from the irrigation pond will be used to allow for irrigation at other locations. She advised that electrical work and ditch cleaning should be completed within the next several weeks. She advised that directional signing will be installed later this summer and hydro-seeding needs to occur on the front field. She stated that landscaping has been determined by the Master Gardeners and will be installed in August, 2008 so that much of the irrigation will be used up at this time. She stated that Dominion Virginia Power is scheduled to install the power supply on July 4, 2008. She advised that there is insufficient water at this time to irrigate and an irrigation pond was approved at the Board?s April 26, 2008 Town Meeting. She stated in addition to the existing well, water from the pond will be used; however, the recharge rate is not known at this time. She stated any savings realized throughout the project will be used to sod at a later date. She requested that the Board approve the Change Order #2 replacement for the Joel C. Bradshaw Fairgrounds Project at Heritage Park. Supervisor Brown moved that the Board approve the Change Order for the needed amount of $68,225. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the County Administrator?s report. Andrea S. Clontz, Assistant to the County Administrator, requested authorization to contribute up to $3,000 towards the $10,000 cost of the Ten-Year Plan to End Homelessness for Western Tidewater. She noted that the expectation is that the amount should be considerably lower. She noted that all of the localities in the western Tidewater region are being requested to contribute towards this Plan. Supervisor Bradshaw moved that the Board authorize a contribution of up to three thousand ($3,000) dollars to the City of Suffolk, serving as agent for the development of a Ten-Year Plan to End Homelessness for Western Tidewater. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request from VACo for consideration of a model resolution for transportation in anticipation of the June 23, 2008 special session of the General Assembly dealing with 15 transportation funding. He recommended that the Board adopt the resolution. Supervisor Bradshaw moved that the Board adopt the following Resolution and direct staff to forward copies of same to Governor Kaine, the County?s General Assembly delegation and VACo: RESOLUTION TO URGE ENACTMENT OF A STATEWIDE TRANSPORTATION SOLUTION WHEREAS, an efficient transportation network is crucial to sustainable economic growth in the Commonwealth, a cleaner environment and enhanced public safety and quality of life; and, WHEREAS, the Commonwealth faces a documented transportation funding shortfall including a recurring and inflating road maintenance funding shortfall resulting in the Commonwealth Transportation Board eliminating and reducing programmed project spending totaling $1.1 billion in the new Six-year transportation program; and, WHEREAS, the Virginia Department of Transportation is transferring almost $400 million in Fiscal Year 2008 from road construction funds to support road maintenance activities; and, WHEREAS, the eliminated and stalled project monies include primary, urban, and secondary construction funding reductions to regions and localities of up to 44 percent for Fiscal Year 2009; and, WHEREAS, funding for new highway and bridge construction is diminished as the annual road maintenance shortfall continues to escalate and the estimate to repair the Commonwealth?s 1,700 deficient bridges totals more than $3 billion; and, WHEREAS, regions of economic importance to the Commonwealth, including Hampton Roads and Northern Virginia, confront major transportation funding challenges in addition to those shared by all other areas of the Commonwealth; and, WHEREAS, transferring state general funds to transportation neither adequately supports documented and recurring transportation infrastructure investment needs, nor serves to protect the Commonwealth?s additional core services including public education, health care, mental health and retardation, and public safety; and, WHEREAS, Virginia has the nation?s seventh lowest motor vehicle sales tax rate and the Commonwealth last enacted dedicated, new, significant and recurring annual statewide revenues for transportation in 16 1986, including the last increase in Virginia?s modestly low gas tax rate of 17.5 cents per gallon; and, WHEREAS, since 2006 the Commonwealth has enacted significant reforms to improve the coordination between transportation and local land- use planning. NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia calls on the Governor of Virginia and the Virginia General Assembly during the forthcoming transportation special session to enact a significant transportation funding package to include dedicated, new, significant and recurring annual revenues to address the Commonwealth?s documented transportation infrastructure needs. BE IT FURTHER RESOLVED that the Governor of Virginia and the Virginia General Assembly are urged to enact dedicated, new, significant and recurring annual revenues to eliminate the road maintenance shortfall; increase funding directed to interstate and primary highways, urban and secondary roads, and transit projects; guard against the transfer of general funds to transportation; and address the unique transportation needs of specific regions of the Commonwealth including initially Hampton Roads and Northern Virginia. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey, responsive to Board action, advised that staff has researched and determined that there is currently no effort to update Helen King?s Historical Notes on Isle of Wight County, but that staff has explored opportunities for reprinting with the publisher. Supervisor Bradshaw moved that the Board authorize a reprint of 1,000 copies of Historical Notes on Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey noted that the information contained in the agenda pertaining to blowing debris from SPSA transfer trailers was included for the Board?s information and references the improvements that SPSA has made to their trailers. County Administrator Caskey addressed the issue of the Board cancelling its July 17, 2008 meeting due to a conflict. 17 Supervisor Bradshaw moved that the Board cancel its meeting scheduled for July 17, 2008; staff is to advertise public hearings for July 1, 2008 at 7:00 p.m.; and, the Clerk is directed to make the necessary notification in the newspapers. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey noted that the various localities in Western Tidewater within the Chowan River Basin have had an ongoing work effort. He advised that the City of Franklin has indicated that it is willing to act as sponsors for a cost-share study to determine the effects of flooding in the Chowan River Basin. He advised that the County?s share will be a sum not to exceed $6,500. He stated a Resolution of the Board of Supervisors of Isle of Wight County in Support of Paying its Pro-rata Share of the Cost Associated with the U.S. Army Corps of Engineers Conducting a Preliminary Study of the Rivers that Make Up a Part of the Chowan River Basin is provided for the Board?s consideration. Supervisor Bradshaw moved to approve the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY IN SUPPORT OF PAYING ITS PRO-RATA SHARE OF THE COST ASSOCIATED WITH THE U.S. ARMY CORPS OF ENGINEERS CONDUCTING A PRELIMINARY STUDY OF THE RIVERS THAT MAKE UP A PART OF THE CHOWAN RIVER BASIN WHEREAS, the localities of the City of Franklin, the County of Surry, the County of Isle of Wight, the County of Greensville, the County of Southampton, the County of Sussex and the City of Emporia are all located in the Chowan River Basin; and, WHEREAS, from time to time these localities suffer destruction, loss of property, loss of income and hardship to their respective citizenry as a result of flooding in their respective localities from rivers that make up a part of the Chowan River Basin; and, WHEREAS, representatives of these localities have met together from time to time to discuss ways to identify problems that cause flooding in the Chowan River Basin; and, WHEREAS, representatives of these localities have asked for assistance from the U.S. Army Corps of Engineers in preparing a preliminary report for the development of an effective system of gauges to allow these localities to prepare for flood events for rivers comprising the Chowan River Basin; and, WHEREAS, the U.S. Army Corps of Engineers is able to conduct the study of the rivers in the Chowan River Basin at a cost of $90,000 if the 18 localities benefiting from the study are willing to pay 50% of the cost in a cost-sharing agreement; and, WHEREAS, the seven (7) localities are each willing to pay an equal pro-rata share of the 50% of the $90,000 to have the U.S. Army Corps of Engineers conduct the preliminary study in a cost-sharing agreement, which sum is $6,428.57; and, NOW, THEREFORE, BE IT RESOLVED that the seven (7) localities agree as follows: 1. Each locality agrees that it has received and reviewed the document entitled ?Cost Sharing Agreement for Planning Assistance between the U.S. Army Corps of Engineers and the City of Franklin, Virginia?; and, 2. Each locality agrees that it will benefit from the information to be derived from the study of the Chowan River Basin by the U.S. Army Corps of Engineers; and, 3. Each locality agrees that it will deliver to the City of Franklin a cashier or certified check payable to FAO, USAED, Norfolk District in the amount of $6,428.57 as its pro-rata equal share of the sum required to be paid in the cost-sharing agreement on or before June 30, 2008; and, 4. Each locality agrees that the City of Franklin shall serve as the sponsor of the seven (7) localities and will execute on behalf of the seven (7) localities the cost-sharing agreement and forward the seven (7) checks of the respective localities totaling $45,000 to the U.S. Army Corps of Engineers to pay the necessary 50% of the cost of the study to be conducted by the U.S. Army Corps of Engineers. 5. This agreement shall become effective upon the signature of all seven (7) localities and delivery of a cashier or certified check payable to FAO, USAED, Norfolk District in the amount of $6,428.57 and the signed signature page to the City of Franklin. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented the NACo 2008 Voting Credentials for the NACo Annual Conference scheduled in July, 2008 for the Board?s consideration. Chairman Clark moved that Supervisor Bradshaw be authorized to have voting credentials and that he (Chairman Clark) serve as the First Alternate. The motion was adopted by a vote of (5-0) with Supervisors 19 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for consideration of the Consent Agenda. A. Application for Grant Funds ? TRIAD Crime Prevention for Seniors Program . Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds for the Isle of Wight TRIAD Program B. Additional Four-For-Life Program Funding . Resolution to Accept and Appropriate $23,852 from the State Department of Health for the Four-For-Life Program C. Internet Privacy Policy Statement D. Monthly Engineering Report E. Litter Pickup F. Preliminary Subdivision Plat for St. Luke?s Village, Sections I and II G. The application of James Purcell, Wheeler Development, for a Site Plan Modification for the Shoppes at Eagle Harbor H. Administrative Approval Request for Preliminary Site Plan Application for Travis? Auto Repair, Inc. I. Delinquent Real Estate Tax Collection Monthly Report J. April 17, 2008 Regular Meeting Minutes Supervisor Wright requested that Item G, the application of James Purcell, Wheeler Development, for a Site Plan Modification for the Shoppes at Eagle Harbor, be removed from the Consent Agenda. Supervisor Brown moved that Item G be removed from the Consent Agenda and that the remaining items be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 20 Ms. Walkup addressed Item G, the application of James Purcell, Wheeler Development, for a Site Plan Modification for the Shoppes at Eagle Harbor. She explained that the dome is not being considered at this time and that the Planning Commission is currently discussing what modifications should be done, if any. She advised that the application in the Consent Agenda pertains to the windows, which will contain grids and the canopy colors and lighting changes. She stated that staff elected to move these items forward in order to allow the tenants to begin occupation of the shops. Responsive to Chairman Clark, Ms. Walkup advised that the dome was never intended to have glass, but was to represent the sky behind it. She advised that staff did not have sufficient detail or explanation to determine exactly whether or not glass was supposed to be in it. Supervisor Wright advised that whatever the Board approved in the picture that was represented is what the Board wants and is what needs to be done by the applicant with respect to the dome. Supervisor Wright moved to accept the recommendations of the Planning Commission, excluding the design details of the dome. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // At 7:00 p.m., Supervisor Bradshaw 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, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for a public hearing on the following: VDOT Secondary 2009-2014 Six-Year Improvement Program and the Fiscal Year Construction Budget Ms. Mazur advised that the priorities approved by the Board require a public hearing to solicit comments from the public. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Program. No one appeared and spoke. 21 Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the VDOT Secondary 2009-2014 Six-Year Improvement Program and the Fiscal Year Construction Budget. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested Supervisor Wright to meet with Mr. Neblett to further discuss the status of Muddy Cross Road. // 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Appointments. Chairman Clark moved that the Board reappoint David F. Bugin to represent the Newport District on the Board of Building Appeals. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Old Business. Chairman Clark noted that action to table the application of James B. Brown, Jr. and Judith B. Roberts until the Board?s August 21, 2008 meeting had been taken earlier under Approval of the Agenda. Supervisor Bradshaw briefed the Board regarding a letter staff received from the Finance Director for the City of Franklin relative to wastewater treatment. He requested that Supervisors Wright, County Administrator Caskey, staff and he be authorized by the Board to meet with representatives of the Franklin Town Council to discuss certain issues pertaining to wastewater. Supervisor Bradshaw moved that he and Supervisor Wright, along with County Administrator Caskey and staff, meet with representatives of the Franklin Town Council and its staff; that a meeting be scheduled with the City of Franklin and that staff be directed to evaluate and prepare 22 documentation to substantiate the County?s position to present to the City of Franklin regarding the charges presented to the County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for New Business. Supervisor Bradshaw moved to appoint a Zuni committee for the revitalization of the village of Zuni for the purpose of evaluating and researching a plan for the establishment of a Zuni Visitor?s Center and Museum. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to appoint the following to serve on the Zuni Revitalization Committee: Jane March to serve as Chairman, Fred Carr as Honorary; Charles Powell; Angela Stepp; Diane Stallings; Billy Goodman; Charlie Brown; Anna Urquhart; Betty Anne Copeland as Honorary; Reverend Doug Van Neil; Carla Duck and Claudia Newsome. Judy H. Winslow, Director of Tourism, is to act as the staff representative to oversee the Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw advised that the County?s current policy states that if a regular employee is required to work on a holiday that he/she shall receive regular pay, plus compensatory time off and a regular full-time employee shall be entitled to holiday benefits equal to the employee?s regularly scheduled hours of work. He advised that all regular part-time employees shall be entitled to a paid holiday of four (4) hours. He advised that convenience center workers work 12 hours on a holiday and he feels the policy should entitle them to six (6) hours. Supervisor Bradshaw moved that staff be directed to change the policy regarding overtime pay for part-time employees to be based on hours worked where they shall be compensated to 1/2 of the time worked. Staff is to bring the policy change back to the Board for discussion and consideration. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw addressed the request of Elliott Cohen with respect to the insufficient amount of time for him to address his concerns with the Board of Assessors. He noted that staff should be scheduling meeting times convenient to citizens; that they not always be held during the 23 day and not all at night; and, that staff should not be scheduling the Board of Assessors to meet five (5) consecutive days in a row. He noted that it is the responsibility of the Board of Assessors to clearly state how it arrived at an assessment for a particular piece of property, but with respect to the Board of Equalization, it is the responsibility of the citizen to prove that the assessment is not equal as compared to other properties in the County. Supervisor Casteen commented that he attended a number of assessment hearings and found the Board of Assessors to be very accommodating with respect to additional time being needed and set aside for property owners that had numerous properties to be discussed. Supervisor Bradshaw moved that staff review the communication of the Board of Assessors for the next reassessment process regarding the timing and scheduling of the meeting dates and the time allowed for citizens to speak. The County should educate the Board of Assessors through the Department of Taxation that it is responsible for the assessment and the times can be set up by them and they can allot how much time they can meet with the citizens. If they do not feel like they have sufficient time, the meeting can be postponed and it can be discussed at a future meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown advised that the residents of Pinewood Heights are being invaded on a daily basis by vultures invading garbage cans, scratching cars and chasing pets in that neighborhood. He inquired if there is something that the Animal Control Department can do to assist in this regard. Supervisor Wright stated that vultures are currently protected by the State and anyone found disturbing them will incur a fine. Supervisor Bradshaw recommended that anyone with concerns should be informing the Health Department or the Environmental Protection Agency. Supervisor Bradshaw moved that staff investigate how Supervisor Brown?s concern with vultures can be addressed. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested a Closed Meeting pursuant Section 2.2-3711.A.3 of the Freedom of Information Act to the limited purpose of discussing the acquisition of real property in the Newport 24 District; pursuant to Section 2.2-3711.A.1 regarding discussion and consideration of a personnel matter pertaining to a specific public officials; pursuant to Section 2.2-3711.A.3 regarding the acquisition of real property in the Windsor District; pursuant to Section 2.2-3711.A.5 regarding discussion concerning perspective businesses where no previous announcement has been made; and, pursuant to Section 2.2-3711.A.3 concerning legal advise pertaining to actual litigation; and, pursuant to Section 2.2-3711.A.3 concerning discussion regarding the acquisition of real property in the Carrsville District. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to regular section. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 25 ABSENT DURING MEETING : 0 // County Administrator Caskey presented plaques of appreciation to Chairman Clark and Supervisor Wright from the County?s ?Heels to Heal? Team for their efforts involved with Relay for Life. He stated that in excess of $5,000 has been raised by staff to date. Chairman Clark directed staff to appropriately recognize Inga Johnson in the Emergency Management office for her efforts dealing with the recent Relay for Life event. // At 8:30 p.m., Supervisor Wright 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. __________________________ Stan D. 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