07-16-2009 Regular Meetingsou 27 PAVE 50
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF JULY IN THE YEAR
TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
Chairman Brown called the meeting to order at 6:00 p.m. and delivered
the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under Special Presentations, add a display of animals available
for adoption at the Isle of Wight County Animal Shelter by Animal Control;
under the Consent Agenda, delete Items (J), (K), (L) and change Item (M) to
Item (J); under the County Attorney's Report, add a request for the Board to
authorize the County Attorney's office to set a public hearing at their August
20, 2009 meeting for the purpose of considering incurring general obligation
indebtedness by the County in order to finance the purchase of agricultural
land conservation easements under the PACE Program; under County
Attorney's Report, add a brief presentation to the Board on the recently
announced Norfolk - Western Tidewater Water Authority raw water purchase
contract; under County Attorney's Report, add one (1) closed meeting item;
under County Administrator's Report, add request for Funding by CHIP
Steering Committee.
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 Brown called for Special Presentations /Appearances.
e oar 27 eaC; 51
Chief Sullivan had animals from the Isle of Wight County Animal
Shelter on display in the Board Room for adoption by the public.
Mark W. Furlo, Parks Administrator, advised the Board that the slogan
for the 2009 Isle of Wight County Fair, scheduled for September 17 -20, 2009
at the Joel C. Bradshaw Fairgrounds in Heritage Park, is "the biggest bang
for your buck ". He advised that Main Stage acts are Clarence Carter, Jack
Ingram and the Confederate Railroad and that there will also be a Midway
with an agricultural and livestock tent, heritage exhibits, commercial and
craft vendors and food available. He advised that the talent show is
scheduled for July 31, 2009 at 7:00 p.m. at Smithfield High School and that
the pageant will be held on August 1, 2009 at 7:00 p.m. at Smithfield High
School.
Chairman Brown called for Regional Reports.
Supervisor Clark reported that the Hampton Roads Transportation
Planning Organization is now fully certified by the Federal Highway
Administration.
Supervisor Clark reported that only routine business had been
discussed at the Hampton Roads Planning District Commission's most recent
meeting. He noted that he would be distributing information with regard to
transportation and other regional planning matters in the near future.
Supervisor Clark reported that the Southeastern Public Service
Authority (SPSA) is in the process of soliciting bids and that certain issues
are being discussed with the City of Portsmouth. He encouraged the other
Board members to make their recommendations for nominees to serve on the
SPSA Board of Directors to the Governor.
Supervisor Casteen reported that the South Hampton Roads Resource
Conservation and Development Council had voted to support the "Isle Be
Green" program.
Supervisor Wright reported that the Western Tidewater Water
Authority and the City of Norfolk had made a public announcement with
respect to a 40 -year water agreement.
Supervisor Bradshaw reported that he and staff had met with
representatives from the City of Franklin and Southampton County with
respect to regional issues. He advised that additional information is being
generated with respect to water and sewer, the airport and economic
development and that once the administrators meet with their collective staffs
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to review this information, another meeting will be held between the three (3)
jurisdictions.
1/
Chairman Brown called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, advised that VDOT
maintenance funds will be utilized for the northbound left -turn lane (Route
17) project which is to begin in the summer or Fall of 2009.
Regarding visibility issues at the Smith's Neck Road intersection, Mr.
Wrightson reported that Federal Highway Safety funds will be utilized to
conduct a highway safety audit with respect to certain lighting improvements
from the RacTrac to Ashby Subdivision.
Mr. Wrightson reported that the pole on Yellow Rock Road has been
removed, however, certain property issues still remain unresolved.
//
Chairman Brown called for Citizens Comments.
t Robert Duckett, Public Affairs Director, Peninsula Housing and
Builders Association, addressed the Board concerning HB 2077 sponsored by
Delegate Oder, with respect to extension of approvals to address the housing
i
crisis, which was passed by the 2009 General Assembly. He requested
i clarification that the County's recommended action refers to Section (C) of
the State Code section, which refers to proffered conditions. He stated that
nothing in the State Code provides for requests to be handled on a case -by-
case basis and no State law that requires a commercial or residential
development to show cause or proof of financial hardship. He opinioned that
the wording in the County's recommended action appears to go beyond the
State Code and he requested that the language in the State law remain.
Albert Burckhart, Newport District, addressed the Board concerning an
elevated rapid transit system. He suggested that a light- passenger rail
connection through the County would remove many vehicles from the
roadway. He further suggested that no public money be utilized and that the
County assist in this effort by obtaining land acquisitions and easements.
Ronald Dashiell thanked the Board for updating the County's
Fireworks Ordinance.
Herb DeGroft, 15411 Mill Swamp Road, encouraged the Board to
continue its efforts to consolidate services with the School administration.
He requested the Board be prepared to address a request from the School
3
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Board in September 2009 to rollover $1.4 million from the 2009 to the 2010
budget.
Harry Cassell requested that the Stoup properly be utilized as a satellite
office for the Sheriffs Department.
Supervisor Clark advised Mr. Cassell that the Sheriff has indicated that
he only wants one (1) central office and that a satellite office is not needed as
Deputies are continuously on the road responding to calls for service.
H
Chairman Brown called for Board Comments.
Supervisor Wright commented on a recent article which appeared in the
Smithfield Times in which he was incorrectly quoted. He clarified that he
would never reveal to newspaper reporters or the general public anything that
had been discussed during a closed session of the Board. He advised that the
Western Tidewater Water Authority had approached the City of Norfolk
regarding a water agreement.
Supervisor Clark commented that the nation and its allies are suffering
during this difficult time as the number of lives lost in Afghanistan continues
to increase.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton requested approval of a tax refund to
Inland RI Holding L.L.C., et als Windsor Blvd.
Supervisor Bradshaw moved that the Board authorize the County
Attorney to approve the refund due to Inland RI Holding L.L.C. et als
Windsor Blvd. in the amount of $7,042.80 for the tax year 2008 -09 pursuant
to Section 15 -19 of the Isle of Wight County Code. 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.
Regarding the request included in the agenda for a tax refund for Isle of
Wight Industrial Properties, L.L.C., Interim County Attorney Burton advised
that it has come to his attention that the Isle of Wight Industrial Properties,
L.L.C. owes the County an undetermined amount and that he recommends
that the Board postpone consideration of this matter until the exact amount
owed by that company to the County is determined.
E
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Interim County Attorney Burton presented a contract renewal with
Orkin Pest Control which he recommended that the Chairman be authorized
to execute.
Supervisor Bradshaw moved that the Chairman be authorized to
execute the contract on behalf of the 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 requested permission for his office to
advertise the assignment of lease between the Board of Supervisors and the
Industrial Development Authority for the Windsor Hunt Club.
Supervisor Wright moved that the Board authorize the County
Attorney's office to advertise the matter for public hearing at the Board's
August 20, 2009 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.
Interim County Attorney Burton requested that the Board authorize his
office to advertise the consideration of securing general obligation
indebtedness to finance the PACE program for public hearing.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to set a public hearing at their August 20, 2009 meeting for
the purpose of considering incurring general obligation indebtedness by the
County in order to finance the purchase of agricultural land conservation
easements under the PACE Program. 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.
Assistant County Attorney Popovich provided an update to the Board
on the recent announcement by the City of Norfolk with respect to the raw
water purchase contract with the Western Tidewater Water Authority
(WTWA). He advised that over a period of time, the WTWA will have
access to approximately 15 million gallons of raw water per day to be
distributed between the County and the City of Suffolk, with the City of
Suffolk obtaining 75% and the County obtaining 25% of the raw water. He
further advised that the contract is to be considered by the WTWA tomorrow
and that the County Attorney's office believes that it would be appropriate
for the Board to verbally make a motion indicating its support for the WTWA
to move forward with approving the contract.
Supervisor Wright moved that the Board express support for the
execution of the agreement by the Authority. 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.
Boot 27 ?AuE 55
Noting that the time to conduct the public hearings was drawing near,
Interim County Attorney Burton requested that the Board defer consideration
of the Charter franchise renewal until after the public hearings.
Supervisor Clark moved that the Charter franchise briefing be moved
to Old 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.
Interim County Attorney Burton advised that he had one (1) item to
discuss with the Board later in closed meeting.
H
Chairman Brown called for the Emergency Services report.
Steven Andrew Aigner, Fire and EMS Coordinator, formally
introduced Jamie Davis, an intern in the Department of Emergency Services.
Jamie Davis recalled that the Board, at its March 5, 2009 Board
meeting, had approved Option H of the Mobile Data Terminal Project
(MDTP) which appropriated $145,200. He stated because the equipment has
not yet been installed, staff is requesting that the unencumbered funds be
transferred from FY2009 to FY2010.
Supervisor Bradshaw moved that the following Resolution be adopted.
RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED
FUND BALANCE FOR THE COMPLETION OF CARRYOVER
EMERGENCY SERVICES MOBILE DATA TERMINAL PROJECT
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has approved the carryover of previously appropriated funds for the
Emergency Services Mobile Data Terminal Project (MDT); and,
WHEREAS, funds in the amount of twenty four thousand seven
hundred ninety -eight dollars and forty seven cents ($24,798.71) need to be
appropriated to complete the Emergency Services Mobile Data Terminal
Project (MDT) from the Designated Fund Balance to the FY 2009 -10
General Operating Budget of Isle of Wight County
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that the sum of
twenty four thousand seven hundred ninety -eight dollars and forty seven
cents ($24,798.71) from the Designated Fund Balance be appropriated to the
FY 2009 -10 General Operating Budget of the County of Isle of Wight.
iou 27 PACE #6
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, Virginia is authorized to make the appropriate accounting
adjustments in the budget and to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Davis noted that due to the installation cost not being factored into
the original cost projection, the project will come in over budget and staff is
soliciting an additional appropriation of $5,089.47 to allow for completion of
the project without delay or down grade in duality.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPOPRIATED FUND BALANCE OF THE GENERAL FUND FOR
EMERGENCY SERVICES MOBILE DATA TERMINAL PROJECT
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia has approved additional appropriation for the Emergency Services
Mobile Data Terminal Project (MDT); and,
WHEREAS, funds in the amount of five thousand eighty nine dollars
and forty seven cents ($5,089.47) need to be appropriated from the
Unappropriated Fund Balance of the General Fund to the FY 2009 -10
General Operating Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that five thousand
eighty nine dollars and forty seven cents ($5,089.47) need to be appropriated
from the Unappropriated Fund Balance of the General Fund to the FY 2009-
10 General Operating Budget
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, Virginia is authorized to make the appropriate accounting
adjustments in the budget and to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Brown called for the County Administrator's report.
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Book 27 ?AuC 5 1
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, advised that responsive to the Board's direction at its
May 7, 2009 meeting, staff visited the City of Wilson, North Carolina with
respect to its Green Light Program involving cable, internet and phone
systems. He advised that the City of Wilson geographically is 15 square
miles and serves 50,000+ citizens with a number of businesses and colleges
in that area. He further advised that the City of Wilson operates an electric
utility, providing them with certain advantages with respect to the installation
of fiber throughout the City. He stated that staff does feel that there are still
some opportunities for the provision of broadband in the County and that
staff is currently reviewing opportunities under the Federal Stimulus
Program. He advised that staff has also become aware of grant funding that
is available through the USDA. He requested the Board provide direction on
whether or not it is interested in having staff pursue grants, loans or a
combination thereof.
Supervisor Bradshaw suggested that Mr. Robertson contact Verizon
regarding its plans to run fiber -optic lines in the County.
Supervisor Bradshaw recommended that Supervisor Casteen work with
staff to begin defining how to get to the point that internet services are
provided to everyone in the County, i.e., identification of the hubs, how to
obtain the funding to accomplish the goal of internet service to all County
residents.
/I
At 7:00 p.m., Supervisor Bradshaw moved to amend the 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 Brown called for a public hearing on the following:
A. An ordinance to amend the following sections of Appendix B,
Zoning: Section 1 -1020 (Nonconforming Situations), Section 2-
1002 (Definitions), Section 6 -1003 (Affected Development),
Section 6 -1004 (Exemptions to the Highway Corridor Overlay
District Requirements), Section 6 -1006 (Permitted Activity in the
Minimum Visual Buffer), Section 6 -1014 (Exceptions), Section 6-
2003 (Affected Development), Section 6 -2004 (Exemptions to the
Newport Development Service Overlay District Requirements),
Section 6 -2006 (Permitted Activity in the Minimum Visual
Buffer) and Section 6 -2011 (Exceptions) to provide a definition of
the Development Review Committee (DRC) and to designate the
�:i
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DRC as the reviewing body to review and approve development
proposals and waiver requests within the aforementioned districts.
Matthew Smolnik, Planner, presented the application.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the Ordinance be postponed until the
Board's August 6, 2009 meeting to allow the Board members additional time
to study the Ordinance in light of recent developments. 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 Brown called for a public hearing on the following:
B. A Resolution to Amend the Comprehensive Plan of Isle of Wight
County, Virginia, Chapter 2, "Natural Resources and
Environmental Quality", to include a section entitled "Potential
Environmental Hazards" and associated maps. More specifically,
the purpose of the amendment is to identify potential
environmental hazards in the County and provide the information
to be used during the review of proposed development within the
County.
Richard Rudnicki, Planner, presented the application.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA TO RECOM ffiND APPROVAL OF THE
COMPREHENSIVE PLAN AS AMENDED
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WHEREAS, Section 15.2 -2229 of the Code of Virginia stipulates that
any amendments to a community's Comprehensive Plan be recommended by
resolution to the governing body by the local planning commission;
WHEREAS, the Isle of Wight County Board of Supervisors on October
16, 2008 directed the Isle of Wight County Planning and Zoning Staff to
develop information on potential environmental hazards within the County
and submit to the Isle of Wight County Planning Commission a
Comprehensive Plan amendment for public hearing;
WHEREAS, the Isle of Wight County Planning Commission finds it
advisable to amend Chapter Two of the Plan to include additional text and
maps on potential environmental hazards in Isle of Wight County;
WHEREAS, the Isle of Wight County Planning Commission has given
notice and held a public hearing on said amendment to the Comprehensive
Plan on June 23, 2009, as required by Section 15.2 -2204 of the Code of
Virginia;
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors to recommend approval of the revisions to Chapter
Two of the Isle of Wight County Comprehensive Plan dated May 13, 2009,
to include a section entitled "Potential Environmental Hazards" and
associated maps.
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 an opportunity to work with staff with
respect to certain discrepancies in the document.
Chairman Brown called for a public hearing on the following:
C. The application of Mildred C. Ramsey, Trustee of the John A.
Ramsey, Jr., Trust, for a change in zoning classification from
Rural Agricultural Conservation (RAC) to Conditional -Rural
Residential (C -RR) of approximately 10 acres of land located on
the north side of Rattlesnake Trail (Rt. 646) south of the
intersection of Jones Town Drive (Rt. 637) in the Carrsville
Election District. The purpose of the application is for one (1)
single - family residential lot, as conditioned.
Beverly H. Walkup, Director of Planning and Zoning, presented the
application.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
10
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William H. Riddick' Attorney representing the Ramsey family, advised
that the family is no longer farming and are in need of selling a lot. He
further advised that the Ramsey's have offered full cash proffers and no
further subdivision of the proposed lot, including family- member
subdivisions.
T. G. Nelson, resident of Rattlesnake Trail, inquired if the proposed lot
could be divided into smaller tracts in the future.
Supervisor Bradshaw responded that the lot could not be divided into
smaller lots in the future.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the application be approved as
conditioned and proffered and of the waiver request to Section 4 -3004. 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 Brown declared a five- minute break.
Chairman Brown called for a public hearing on the following:
D. The application of E. C. Whitley Enterprises Inc., applicant, and
Whitley - Hawkins Holdings LLC, owner, for a Conditional Use
Permit to extend the life of a borrow pit operation for an
additional five (5) years. The borrow pit totals ten (10) acres of
land located on a private road, six tenths of a mile off of Airport
Drive, in the Carrsville Election District, for the purpose of
processing and the removal of sand for commercial sale. The
mining operation will create a lake to provide for farm irrigation
and wildlife habitat.
Mr. Rudnicki presented the application.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Sandra Whitley- Hawkins, applicant, stated that her family had opened
the first sand pit in the County approximately thirty -four (34) years ago. She
advised that this pit has been opened for approximately ten (10) years and is
11
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located on the same large parcel of farm property as the other pits. She
requested the Board to approve the application.
Albert Burckhart, Newport District, expressed opposition to expansion
of any sand pits in the County noting that once the dirt is removed, the land
can not be used for anything else.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the application be postponed until the
Board's August 6, 2009 meeting to allow Ms. Walkup and Interim County
Attorney Burton time to work with the applicant on the bond issue and any
other condition staff may feel needs to 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.
Chairman Brown called for a public hearing on the following:
E. The request of Carrollton Village LLC, owner, and
Commonwealth Engineering, applicant, for a rezoning of Tax
Map Parcels 34 -01 -108 and 34- 01 -108B in the Newport
Development Service District from Rural Agricultural
Conservation (RAC) to Conditional - General Commercial (C -GC).
Said property, approximately 8.028 acres, is located on the east
side of Carrollton Boulevard (Rt. 17), south of Sugar Hill Road
(Rt. 661) in the Newport Election District. The proposed use of
the property is for a proposed office condominium and retail
development.
Amy Ring, Assistant Director of Planning and Zoning, presented the
application.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Elliott Cohen, applicant, requested the opportunity to respond to any
questions after the public hearing.
Diane Barnett of Batise Court spoke in opposition noting that she had
purchased her current home as a retirement home and that the proposed
development would be located in her backyard. She commented that the
development is too large for the surrounding residential area and the proposal
is not in accordance with the County's Zoning Ordinance, Section 6 -2009,
which states that structures shall not dominate by excessive or inappropriate
height or mass, any general development, adjacent building or natural
landscape in an incompatible manner. She stated that Section 1 -1002
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addresses the protection of property throughout the County and landowners
adjacent to a new development. She stated that the application, if approved,
will devalue surrounding homes, property and quality of life for residents of
Bertise Estates and Progain Lane.
Mitch Wilcox, Commonwealth Engineering, advised that land
surrounding the existing homes is currently forested and that the applicant is
proposing a 25 foot buffer zone with whatever trees and shrubs are desired.
Sharon Hart, Newport District, stated that the proffer only states that
the buffer will be in accordance with the County's Zoning Ordinance and that
citizens are requesting a twenty -five (25) foot buffer of trees and shrubs to
block the lights. She stated that the applicant's buffer will include the fifty
(50) foot right -of -way that is being proffered for a drive - through road if the
County needs it. She stated that Mr. Wilcox contends that no traffic light is
required at Sugar Hill Road, although the traffic analysis shows that the
failure of the westbound left -turn and through lanes are on Sugar Hill Road
and the Route 17 intersection. She stated that County engineering, in their
February 11, 2009 memorandum, had requested justification of the
degradation of the level of service from "D" to "E" and that the Board had
required that issues brought up in that memorandum be addressed. She stated
that Mr. Cohen has stated that if a light is needed at Sugar Hill Road, that the
cost should be taken out of the cash proffers, however, the cost of a light is a
separate issue. She stated that the memorandum also recommended using
Cedar Grove Road/Route 17 as the main intersection for accessing the site.
She stated Mr. Cohen had been directed to provide justification why this is
not an option. She stated that she believes that this is an option both for Mr.
Cohen and the adjoining property owner by using an easement on the south
side of the two (2) properties. She stated that Mr. Cohen should not have to
acquire any of the junk yard property and she inquired if the issue of
hazardous material being on the junk yard property had been resolved. She
stated that it is still unclear about the percentage of office space versus retail
space, yet the revenues and cost of service to the County and the traffic
analysis are based on office space and not retail. She stated that Mr. Cohen
agreed at the Planning Commission meeting to proffer no dumpster trash
pickup before 7:00 a.m., however, the proffer now states 6:00 a.m.. She
stated that page 6, Item (B) of the proffers, only state that the owner shall
reserve the option to provide a fifty (50) foot right -of -way centered along the
twenty -four (24) foot entrance road along the northern property line,
however, if this comes up, the owner should give it to the County.
Thomas Finderson, Newport District, distributed a rear view picture of
the Smithfield Blooms Shopping Center, noting that this is the same view
that residents in Bertise Estates will be looking at. He stated that Mr.
Bertise's property is worth approximately $550,000 and will most likely
decrease by $50,000 should this shopping center be approved. He stated that
he is looking for a special type of buffer such as those at Eagle Harbor
between the apartments and the Community Center. He recommended a 6 -8
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foot berm with substantial plantings similar to Battery Park Road and Gatling
Pointe South. He stated that he would also like to see some consideration
given to the citizens in that the project is massive, located in the middle of a
community and out of place for that area. He stated that nothing has been
said about the rear of the development and this should be spelled out in the
proffers. He stated there is already substantial traffic on Route 17 and he
suggested no occupancy above 15,000 square feet until a traffic light is
installed at Sugar Hill Road. He stated that the ravine is approximately 600
feet away and he would recommend that the applicant proffer an outfall pipe
in case of an overflow. He stated that he would also recommend a proffer of
no adult book stores.
Sadie Boyer of the Newport District spoke in favor of the application
noting that it has passed all of the requirements contained in the Zoning
Ordinance and it is located in the Route 17 Corridor Overlay District. She
stated that the County is in need of retail development and that while she
does feel for the existing homeowners in the area, how could they expect to
purchase a lot with prime property located between their lots and the roadway
and not expect it to be developed. She stated that 94,500 square feet of
building can easily be located on eight (8) acres and have reasonable parking
and buffering. She stated that if the Board denies this application because it
is located next to a development, the Board will be setting a precedent. She
stated that the application has many positives and the Board must think about
the overall plan,
Bill Kessler, Bojangles, stated that the County can not continue to not
allow the development of businesses in the County that rely on traffic. He
stated that these developments can be done tastefully and blend in with the
community. He recommended increasing the buffer to protect surrounding
home owners.
Mr. Cohen advised that the building will be constructed of brick in the
back and front. He stated that originally, the County was looking for a
community center, consisting of apartment living upstairs and business
downstairs; however, over time, the residential portion was removed. He
stated that the original concept was not a traditional two (2) story building in
that dormers were installed in the frame of the roof for the purpose of being
office area for the downstairs buildings. He stated with respect to the Batise
Court issue, the tree line is on Mr. Batise's property which currently acts as a
buffer and that he has a 50 foot easement, consisting of trees and he was only
going to remove the trees that were necessary He stated that the reason he
was going to give the County a 50 foot easement was so that if some day the
County did want to connect to Brogain Lane, there would have such an
easement. He stated with respect to connectivity to the Vincent property,
there is also a 20 foot buffer zone on his property, in addition to the 20 foot
buffer zone on their property, which contradicts itself in that the County
wants to connect two (2) pieces of property with the shopping center, but yet
there is still a 40 foot buffer zone required in between. He advised that he
14
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did proffer to construct a roadway which connects into the Vincent property
and which is to be constructed within the next six (6) months. He stated with
respect to the removal of trash, he is hopeful that he can get a trash company
to agree not to pick up the trash before 6:30 a.m. He stated that the Planning
Commission members did not want to lock the building into being 50% retail
and 50% office space and if the market will generate 75% commercial retail,
why not let those individuals open a business, which will be revenue for the
County. He stated that the Traffic Impact Study did not require that he install
a traffic light and that Founders Pointe had proffered a traffic light at a
certain point and that there has been discussion about coaxing Founders
Pointe to install a traffic light sooner and him contributing some of the
funding of the traffic light so that it would benefit them to install the traffic
light now versus later. He stated that he did offered a cash proffer that could
be put towards the cost of the installation of the traffic signal at whatever
time the County desires to install one.
Chairman Brown closed the public hearing and called for comments
from the Board.
Ms. Ring advised that since the March meeting of the Board, the
Planning Commission had considered changing the architectural standards,
the cash proffers and the unobstructed access behind the applicant and that
Ms. Vincent and he had proffered the extended easement width and the trash
pick up.
Supervisor Bradshaw commented that Mr. Cohen has offered
additional proffers tonight, however, they are not in writing.
Supervisor Clark inquired if Mr. Wilcox had met with the citizens to
address buffer issues.
Ms. Ring replied that if any such meetings had occurred, staff had not
been involved.
Supervisor Clark moved that the request be sent back to the Planning
Commission for consideration of the right -of -way and buffer issues in an
attempt to create a consensus with the citizens who live nearby; incorporate
the concessions offered orally by Mr. Cohen tonight as official proffers in
writing; the contribution for a light at Sugar Hill Road; and, that the County
be responsible for the costs associated with the readvertisement of this
application. 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 Brown called for a public hearing on the following:
F. The application of Colonial Trading Center, Inc. and Eagle
Harbor, LLC, owners and Breeden Investment Properties, Inc.,
15
Don 27 FACE 65
applicant for a change in zoning classification from Conditional -
General Commercial (C -GC) and General Commercial (GC) to
Conditional - Planned Development - Residential (C -PD -R) of
approximately 19.71 acres of land located on the north side of
Carrollton Boulevard (Route 17/258/32), in the Newport Election
District. The purpose of the application is to allow for
construction of a multifamily development.
Mr. Smolnik presented the application. He advised that the application
was first presented to the Planning Commission on May 23, 2009 and tabled
in order to allow the applicant time to address drainage issues raised by area
residents during the public hearing. He advised that the applicant has since
held two (2) public meetings with the residents of the Carrollton area. He
advised that the applicant has submitted revised proffers on June 16, 2009
different from what the Planning Commission voted on at its June 23, 2009
meeting and that those had been placed at the Board's seats prior to the
meeting tonight. He advised that it was brought to his attention prior to the
meeting tonight that there is a sentence that should be deleted in Proffer 10
which states "and thereafter the County shall not seek to take any action that
would cause the property to revert back to its original zoning classification.
He advised that the Planning Commission, at its June 23, 2009 meeting,
recommended denial of the application by a vote of (4 -3).
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Kent Little, President, Breeden Company, stated that the existing 240
apartments at Eagle Harbor are now five (5) years old and approval is being
sought to expand that number by 144 units, which will be located directly
adjacent to the existing apartments and have the same architecture. He
advised that there is a waiting list for the current building storage facilities
and included in this application is the construction of 50 additional units. He
advised that there have been five (5) community meetings in reference to this
application, all which were well attended, in which a number of concerns
were voiced and that every effort possible has been made to address them
accordingly. He stated that the Breeden Company has concluded that there is
valid concern with respect to storm drainage issues in this watershed and that
Breeden's engineering staff, at its own expense, had conducted an
independent study, which resulted in three (3) areas of concern. He advised
that it has been determined that there is a failed drainage structure impeding
the flow of water and resulting in flooding on Vellines Lane. He advised that
a proffer of $130,000 had been offered at the Planning Commission meeting
which would cover the cost of installing two (2) sixty (60) inch pipes in the
area that is most heavily damaged. He advised that a study had also been
conducted which revealed that water surrounded the South of the James and
other businesses in that immediate area making their businesses inaccessible
for which no remedy was found. He stated a final study had been conducted
with respect to the actual crossings of drainage under Route 17 and how the
16
ion 27 'PACE 66
drainage plain on the north side of this property gets discharged into the
James River. He advised that increasing the size of the existing pipe under
Route 17 is beyond the capability of the applicant and the County and that a
proffer is being offered to clean that area out so that it is functioning
properly. He stated that the Breeden Company is offering to install two (2)
large drainage structures and restore 50 feet on either side of the stream. He
stated with respect to a concern with what will happen to runoff water during
construction of the new apartments, Breeden will be installing a water
retention system and over engineering the site so that runoff water does not
exceed what it currently is. He advised that Breeden has the ability to hold
30% more water on the site after the development than is currently being
discharged now. He stated that some of the stormwater being discharged
now can be stored in a lake rather than it going out in the swampland. He
stated that Breeden is additionally proffering a 12 foot dam along the
development side of the lake in order to protect against a flood event. He
stated that Breeden is willing to proffer, as requested by the citizens, that it
has no intention of building any Section 8 homes at this location. He stated
that at the Planning Commission meeting, a request was made for the
insertion of a sunset clause, which has been included in their proffers for a
period of five (5) years. He addressed the Planning Commission's
recommendation of denial of the application stating that he thought that was
in error as this project will result in $2.3 million dollars in expenditures with
businesses in the County and that Breeden stands on record for its existing
properties with model landscaping and berming standards.
Richard Cassell of Kings Cove commented that he believed that the
proffers offered by the applicant and the offer to fix the main drain on
Vellines Lane will be a great help. He inquired if the funds given to the
County to fix the drain could be used for anything else or would it be
earmarked for this project.
Richard Cassell, Jr., 23261 Vellines Lane, stated that he has been
unable to get any resolve to the flooding situation on Vellines Lane in the
past and that he is hoping that Mr. Little will be able to solve the flooding in
that area.
Jean Deprinzio of Carrollton stated that ditches in that area have been
prone to flooding in the past and that she would like for VDOT to stand up to
its responsibility and maintain the ditches and cut the grass. She advised that
the traffic light at the intersection needs to be synchronized and that the speed
limit at Whippingham Parkway is not being observed by motorists. She
further advised that a sign is needed reminding motorists not to block the
intersection at Whippingham Parkway.
Jim O'Dren, Board of Directors, Light House Commons at Eagle
Harbor, expressed a concern with the existing drainage issue. He asked that
the Board protect the interest of citizens in this matter.
17
Bou 27 PAGE 67
Thomas Finderson of the Newport District circulated a letter from the
Eagle Harbor/Bojangles businesses in support of this development, He stated
that the proposed project will generate $2.9 million annually in retail benefits
for the life of the project. He stated that he sees this project as a local
economic stimulus project which will provide 125 jobs, half of which will be
full time and the other half part time with a payroll of $3.9 million, which
will be a boost to the local economy. He clarified that the County's share is
$3.2 million from the proffers, water and sewer fees and building permits.
He stated that the apartment life of the project is 40 -45 years according to the
Commissioner of the Revenue. He stated that the money can be put towards
school improvements and the water and sewer payments can be put towards
water and sewer improvements. He stated that the proposed project of 240
apartments shows what future ones will look like and how the developer runs
his business, as well as the caliber of people who live there.
Sadie Boyer of the Newport District stated that it is universally
accepted fact that rooftops do not make a profit. She stated with respect to
the traffic problem, there should be some regulation of the speed limit along
Route 17. She stated that the Breeden Company is a good reputable company
which produces a good product and is well backed.
Mr. Kessler advised that the Board should approve the project because
if new growth does not occur in the County, the small businesses which will
benefit from the proposed project will not be around. He advised that he had
been a past resident of the existing apartments and he could vouch that those
properties are extremely well maintained from the inside out. He stated that
small business owners are struggling to survive in today's economy and he
encouraged the Board to approve the application.
Herbert DeGroft, School Board member, stated that he anticipates the
2010 census to continue to reflect a continued degradation in the number of
children per family. He added that his real concern is the consideration that
the Board has to give with respect to the flood plain and the impact on
emergency services.
Candice Denlinger of Carrollton expressed concern with the discharge
of water into the flood plain noting that there is a collection of water
underneath the deck in her backyard on a daily basis. She stated that
flooding is already an issue for this area and she encouraged the Board not to
take the chance of increasing the problem by approving this application.
Ron Dashiell, South of the James, stated that many questions remain
unanswered with respect to the resolve of the current flooding situation. He
suggested that a Hampton Inn or an extended stay hotel would bring in more
money to the County than additional apartments.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark commented that the applicant, in his $130,000
proffer, is agreeing to re- engineer the ditch along Route 17, clear out the
blockage and install an abutment to allow the water to cross the creek. He
advised the public that the County does not have the proper equipment to
perform this type of work and it would also be more costly for the County to
conduct this type of work because the Breeden Company will already have
the equipment on -site doing work associated with the proposed project. He
advised that the sunset clause will allow the County to set parameters on
when the developer must begin development on the property. He requested
that Mr. Little verify that the drainage from this site will be dammed and over
engineered to the point that there will be 30% less water coming off the site
after the development than water currently off the site currently.
Mr. Little confirmed that Supervisor Clark's comments were correct.
Supervisor Clark noted for the benefit of the public that the developer
is entitled now, because of the property's current zoning, to build a
commercial development at this site without coming before the Board for any
approvals. He requested clarification from Mr. Little that the traffic impact
assessment for a commercial development is at a higher level than it would
be for this type of use.
Mr. Little confirmed that the traffic count will be reduced by 15% to
20% with the down zone from commercial to residential use of the property.
Supervisor Clark commented that if the Board did not approve the
application, the developer is not required to engineer the site to provide for
30% less drainage off the site.
Mr. Little replied that Supervisor Clark is correct and he added that the
resolution of flooding on Vellines Lane is also not a requirement of the
Breeden Company.
Supervisor Casteen requested clarification that the applicant would
complete the drainage improvements prior to the issue of his first Certificate
of Occupancy.
Mr. Little confirmed that Supervisor Casteen was correct.
Supervisor Bradshaw inquired what new proffers have been offered
since the Planning Commission met.
Mr. Smolnik responded that the sunset clause is new and that the
proffer which states that the developer will make a cash proffer to the County
in the amount of $130,000 to assist the County in the site work has been
revised to reflect that the developer is going to complete the work rather than
provide the County with cash in the amount of $130,000.
19
sans 27 fAL::i 69
Chairman Brown inquired who would be responsible for future
maintenance once the 180 lineal feet is cleaned out at the pipe which leads to
the wetlands.
Mr. Smolnik responded that VDOT is responsible for its maintenance.
Mr. Little advised that Breeden Company intends to clean 50 feet on
either side of the drain and remove all of the debris and then install a large
drainage structure with proper anchorage, which will improve the efficiency
in which the water moves through the pipe. He advised that water going into
the marsh will also be slowed down by the overdesign of the storage capacity
on site. He clarified that it is not Breeden's desire to wait five (5) years
before beginning to develop the site.
Chairman Brown inquired where the parking lot would be located for
the 144 additional units.
Mr. Little advised that the parking lot will be constructed in front of the
high -power wires.
Supervisor Bradshaw inquired if the changes to the proffers were
substantial.
Interim County Attorney Burton advised that the changes were not
substantial.
Supervisor Bradshaw inquired what the impact would be on the
proffers that were offered in the 1990s versus what is being offered today.
Ms. Walkup advised that proffer 11 addresses that in that "except as
stated in these proffers, nothing set forth herein shall be deemed to amend,
modify or affect the terms of the existing Eagle Harbor proffers."
Supervisor Bradshaw advised that the 1990s rezoning dealt with
commercial development and residential on a sliding scale, which will be
impacted by this change because it was based on the number of residential
units and the square footage. He stated that he is assuming that the developer
is following the percentage ratio set up in that proffer.
Ms. Walkup advised that she would need to double check; however,
she doubts that the zoning that is being removed from these parcels represent
half of the commercial square footage.
Chairman Brown declared a recess to allow Ms. Walkup to check her
files on this matter.
20
son 27 PACE 70
Mr. Walkup advised that the developers proffered 660,000 square feet
and this application is removing only approximately eight (8) acres of
commercially zoned land. She advised that there is at least another 40 acres
of commercially zoned property that is developable.
Supervisor Clark moved that the application be approved, as proffered
to reflect that the language be deleted in Proffer 10 which states "and
thereafter the County shall not seek to take any action that would cause the
property to revert back to its original zoning classification ". 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 Brown called for a public hearing on the following:
G. An Ordinance to Repeal Chapter 12.1. Public Parks and
Recreation Facilities. Article H. Regulations Governing Public
Parks and Recreation Facilities. Section 12.1 -5. Concealed
Weapons Prohibited
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke in favor or in opposition.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the following Ordinance be adopted:
AN ORDINANCE TO REPEAL
CHAPTER 12.1. PUBLIC PARKS AND RECREATION FACILITIES.
ARTICLE II. REGULATIONS GOVERNING PUBLIC PARKS AND
RECREATION FACILITIES.
SECTION 12.1 -5. CONCEALED WEAPONS PROHIBITED
WHEREAS, on August 21, 2008, the Isle of Wight County
Board of Supervisors enacted Chapter 12.1. Public Parks and
Recreation Facilities as a result of marked growth in the use of Isle of
Wight County public parks and recreation facilities and as a means to
provide for the safety and security of Isle of Wight County citizens
using such public facilities; and
WHEREAS, the Isle of Wight County Board of Supervisors has
seen been advised that Section 12.1-5. Concealed Weapons Prohibited.
Article II. Regulations Governing Public Parks and Recreation
Facilities. Section 12.1 -5. Concealed Weapons Prohibited has been
21
aoax- 27 wf 71
preempted by the enactment of the revised Section 15.2 -915 of the
Code of Virginia (1950, as amended);
NOW THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors that Chapter 12.1. Public Parks and
Recreation Facilities. Article II. Regulations Governing Public Parks
and Recreation Facilities. Section 12.1 -5. Concealed Weapons
Prohibited is hereby repealed and reserved for future use as follows:
CHAPTER 12.1.
PUBLIC PARKS AND RECREATION FACILTIES.
Article II. Regulations Governing` Public Parks and Recreation Facilities
Sec. 12.1- 5.Repealed 6- 16 -09. Reserved.
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 Brown called for a public hearing on the following:
H. Renewal of Lease of Property known as the Johnson Farm to
Matthew J. Johnson for Agricultural Purposes
Interim County Attorney Burton recommended that the Board approve
the lease.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke in favor or in opposition.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the lease be renewed to Matthew J.
Johnson for agricultural purposes. 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 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.
22
H nox 27 ?Acf .7,%
Chairman Brown called for the continuation of County Administrator's
report.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, presented the County's 2010 Legislative Priority List for
consideration by the Board for forwarding to the Virginia Association of
Counties.
Supervisor Bradshaw moved that the Priority List be adopted, as
presented, with the two (2) items removed from the previous year and that
any additional items can be added to the list prior to November. 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 for funding in the
amount of $4,082.50 from the CHIP Steering Committee by letter dated
January 29, 2009.
Supervisor Bradshaw moved that the request be forwarded to the
Finance Committee for recommendation back to the 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.
Chairman Brown called for consideration of the Consent Agenda.
A. Byrne Justice Assistance Grant Program (JAG)
Resolution to Accept and Appropriate Byrne Justice
Assistance Grant Funds from the Department of Criminal
Justice Services
B. Local Emergency Management Performance Grant ( LEMPG) —
FY 2009 -10
Resolution to Accept and Appropriate Funds from the State
Department of Emergency Management for the LEMPG
Program
C. Contribution to the Isle of Wight Humane Society
23
BOOK 27 FADE 73
Resolution to Appropriate Funds from the Unappropriated
Fund Balance of the General Fund to the Isle of Wight
Humane Society to Benefit Feral Cats
D. Additional Funding for Commonwealth's Attorney's Office
Resolution to Appropriate Funds from the Unappropriated
Fund Balance of the General Fund for Commonwealth's
Attorney's Office
E. Quarterly Report/Economic Development
F. Monthly Financial Reports for County and Schools
G. Recyc Systems, Inc. Biosolids Status Report
H. Regional Fee Comparison
1. 2009 Legislation with Potential Land Use Planning Impacts
J. County application for participation in the Virginia Recreational
Trails Grant Program to facilitate the development of a
recreational trail along the Courthouse Mill Creek Pond on the
edges of the Isle of Wight County Courthouse Complex
Supervisor Bradshaw moved that Items (B), (D), (E), (I) and (J) be
removed and Items (A), (C), (F), (G) and (I1) be approved on the Consent
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.
Regarding Item (B), Supervisor Bradshaw moved that the revised
Resolution be adopted. 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.
Regarding Item (D), Supervisor Clark moved that County
Administrator Caskey be directed to contact Mr. Farmer to ensure that the
Board is clear that he will be coming back to the Board if and when he needs
the appropriation. 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.
Regarding Item (E), Ms. Perry was directed to speak with the County
Administrator regarding Bob Leber.
Regarding Item (I), Supervisor Bradshaw moved that Item (I) be
approved. The motion was adopted by a vote of (5 -0) with Supervisors
24
aoox 27 muf 74
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Regarding Item (J), Supervisor Clark moved that the Resolution be
adopted. 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 Wright moved that the meeting time be extended beyond
11:00 p.m. 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.
/1
Chairman Brown called for Appointments.
Supervisor Bradshaw moved that Robin Knauth be appointed to serve
as an At -Large appointee to the Boykin's Tavern Advisory 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 Wright moved that William Saunders be appointed to serve
on the Bicycle and Pedestrian Facilities Committee representing the Windsor
District and replacing Cecil Rhodes. 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 Clark moved that Jody Easter be appointed as an ex- officio
member on the Small Business 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 Casteen moved that Margaret Carroll be appointed to serve
on the Small Business Committee representing the Smithfield District. 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 be appointed to the
Small Business Committee, to include the two (2) appointments offered by
Supervisors Casteen and Clark above:
Carrsville District
Joel Bradshaw, Jr., Business Owner
25
a n at 27 ?Arf 75
Windsor District
Sparky Lerner, Business Owner
Newport District
Ron Dashiell, Business Owner
Hardy District
Kim Shivers, Business Owner
Smithfield District
Margaret Carroll (appointed earlier by Supervisor
Casteen)
Ex- Officio Member
Jody Easter (appointed earlier by Supervisor Clark)
Board of Supervisors
Phillip Bradshaw
Thomas J. Wright, III
Industrial Development Authority
Ron Pack, Chairman
Chamber of Commerce
Mark Hall, Vice Chairman
Banker
Pete Carr
Realtor
David Moose
Engine er
Mitch Wilcox
Private Sector Attorney
William Riddick
County Staff
Lisa T. Perry, Economic Development
Beverly H. Walkup, Planning and Zoning
Judy H. Winslow, Tourism
Arthur E. Berkley, Inspections
Eddie P. Wrightson, Engineering
Other Citizen Representative
Rick Morris (Newport District)
26
man 27 ?a,,r 76
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 Clark moved that Connie Henderson be appointed to serve
on the Refuse Committee. The motion was adopted by 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.
H
Chairman Brown called for Old Business.
County Administrator Caskey called for the Board's consideration of
nominations for the Southeastern Public Service Authority Board of
Directors.
Supervisor Clark moved that Theodore Hardison's name be submitted
to the Governor and that County Administrator Caskey be appointed as the
ex- officio member. Mr. Caskey is to describe the process that the County
went through to the Governor. 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.
Attorney Adrian Herbst distributed copies of a franchise renewal report
outlining compliance of the existing franchise agreement with Charter
Communications; quality of service; financial, legal and technical
qualifications; and, whether or not Charter Communications will make a
proposal that meets the future needs of the County, as well as a proposed
franchise ordinance. He advised that 200 pages of written comments were
received from County residents concerning cable service in the County and
that this will provide the support necessary for the County to effectively
negotiate a new franchise agreement with Charter Communications. He
advised that Charter Communications has filed bankruptcy and a hearing on
Charter's reorganization plan is set for next week. He advised that written
complaints have been summarized in the franchise renewal report and that
that the next step is to transmit the renewal report and proposed franchise
ordinance to Charter, where upon receipt of their written response, the
County and Charter representatives will meet to resolve any issues. He
advised that this process should be concluded in the November to December
2009 timeframe.
Interim County Attorney Burton advised contained in the proposed
ordinance is a PEG capital fee, which will allow the County to receive 1.5%
of the cable provider's gross revenue per annum, which can be used by the
County to help support maintenance of the County's PEG channels. He
further advised that the County currently spends approximately $22,000 on
27
mg 27 PAGE 77
the PEG channels and that the funds received as a result of the PEG capital
fee could be used to defray that cost.
Attorney Herbst advised that funding application forms for broadband
development are now available and $4.5 billion dollars is available for
infrastructure development for broadband development to provide access to
individuals who do not have service. He advised that the County currently
can not mandate Charter to extend services to areas where the density is less
than 30 homes per square mile.
Interim County Attorney Burton recommended that the matter be
referred to the Board's August 6, 2009 meeting to allow the Board an
opportunity to review the report and proposed ordinance before forwarding to
Charter for its review followed by staff setting up meetings to discuss County
concerns. He advised that, in the meantime, he would like to present the
report and ordinance to the School Superintendent for his input prior to
discussing the matter with Charter. He advised that the Towns of Smithfield
and Windsor have independent franchise agreements with Charter and he is
recommending these be consolidated with the County so that the franchise
will come up for renewal simultaneously.
Supervisor Bradshaw moved that Interim County Attorney Burton be
authorized to meet with the staff of the Towns of Smithfield and Windsor and
the Superintendent of Schools to present the report and ordinance and seek
their input in terms of their needs before meeting with Charter
Communications. 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 advised that shortening the length of
the franchise ordinance from ten (10) years to five (5) years will cause
Charter to become more responsive to County concerns.
The consensus of the Board was to keep all of the County's options
open and that the franchise agreement time period be shortened to five (5)
years.
H
Chairman Brown called for New Business,
There was no new business offered for discussion by the Board.
/1
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.I of the Freedom of Information Act for the limited
:,
eoer 27 PACE 78
purpose of discussion and consideration of a personnel matter pertaining to a
specific public official.
Supervisor Bradshaw moved that the Board enter the closed meeting
for the reason stated by Interim County Attorney Burton. 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 open session.
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 adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.1) 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
ABSENT DURING MEETING: 0
H
The Board took no action following the closed meeting.
29
nee 27 PAGE .19
At 11:50 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, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
04U44I
Ja es B. Brown, Jr., C
vit'CTt/n`L
Carey Mi s Storm, Clerk
30