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08-24-2005 Regular Meeting 90Qh 23 ~' ~41~ 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FOURTH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND FIVE PRESENT: Phillip A. Bradshaw, Chairman . .Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus Stan D. Clark .Also Attending: Jacob P. Stroman, IV, County Attorney ' W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mi11s Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. .County Attorney Stroman requested that the following amendments be made to the agenda: Move Consent Agenda Item "D", Status Report - School Appropriations by Category, to Old Business; add a Closed Meeting to discuss personnel, specifically the performance of certain specified County employees, after Citizens Comments; add a matter concerning the resignation of a CASH Board member and potential appointment to the CASA Board under Appointments; add a report from Public Works entitled "Convenience Center Update" under Old Business; add a matter concerning Code Violations on Route 17 under New Business; add five (5) matters, for a total of fourteen (14) matters, to the Closed Meeting; move Citizens Comments to follow Special Presentations; add Item (C), Bicycle and Pedestrian Facilities Committee Presentation, under Special Presentations; and, reverse the order of the presentations to reflect that the first presentation by the Tourism 1 9aeK 23. 41? Relations Committee is Item (A), and the presentation by the Virginia Port Authority is Item (B). , . Supervisor Clark n~toved that the Board .approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. U Chairman Bradshaw called for Special Presentations. Chairman Bradshaw recognized Mr. Lawrence and Mr. Lawyer, Boy Scouts who were attending the meeting to work on their merit badge. Chairman Bradshaw called for presentation of the Tourism Relations Committee report. Peter Lowery of 20259 Paleo Point Lane in Smithfield spoke on behalf of the Tourism Relations. Committee with respect to a report published several weeks ago outlining the Committee's observations and recommendations to improve tourism. Supervisor MacManus moved the. Board accept the report and direct the County Administrator, in conjunction with staff, to review it, contact the Town of Smithfield to request its feedback on the issue, and return to the Board with recommendations and alternatives for the Board's consideration at its September 15, 2005 meeting. The motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mike Crist, Moffett and Nickel, briefed the Board: on the intermodal park study prepared for the Virginia Port Authority and designed to address what needs to happen in the region to help. facilitate movement of cargo after it leaves the Craney Island marine terminal. He noted that intermodal parks serve as centralized locations for the processing and distribution of import cargo, and are typically located near a cargo point-of-entry with easy access to extensive and reliable transportation networks. Hestated what is driving the growth and need for distribution centers is a strong rise in cargo demand at the port. He stated containerized cargo in Hampton Roads is anticipated. to reach over 3,000,000. containers annually by 2030, and this level of activity will require the construction of 20-60 million square feet of new distribution space. He stated that the County is an ideal place because of its availability of large tracts of land in its rural areas. He stated planning ahead will allow. traff c congestion to be addressed, and the distribution and warehouse sector will offer potential employment of up to 26,000 jobs, at wages of $788,000,000 annually, for a total regional impact of $2.7 billion dollars. 2 BOCK 23 ~.:~ ~~J Leah Dempsey, Chairman of the Bicycle and Pedestrian Facilities Committee, on behalf of that Committee, requested $30,000 to hire a consulting agency to assist with completing and refining the draft plan being developed by that Committee, emphasizing community involvement. ' 1 Supervisor Clark moved that the Board discuss the Bicycle and Pedestrian Facilities Committee's request further under New Business. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. Fee Schedule for Use of Buses B. Post-Disaster Volunteer Recruitment Update C. 2005 General Obligation Bond Refunding D. Status Report -School Appropriations by Category 1 E. Resolution Authorizing the County Administrator to Approve the Temporary Closure of Certain Streets/Roads Within Isle of Wight County and the Towns of Windsor and Smithfield F. Planning Commission Action List of July 26, 2005 G. Delinquent Real Estate Tax Collection Monthly Report H. July 25,2005 Regular Meeting Minutes Chairman Bradshaw asked if there were any items for removal. i Supervisor Wright moved that the Board pull Item (E), Resolution Authorising the County Administrator to Approve the Temporary Closure. of Certain Streets/Roads Within Isle of Wight County and the Towns of Windsor and Smithfield and Item (D), Status Report -School Appropriations by Category, and approve the remaining items listed in the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (E), Resolution Authorizing the County Administrator to Approve the Temporary Closure of Certain Streets/Roads Within Isle of Wight County and the Towns of Windsor and Smithfield, 3 . soon 23 . ~ .~4~.4 Supervisor MacManus stated typically the Smithfield Town Council controls closure of its. own roads, and he would recommend that "towns" be changed to reflect "town" in the Resolution. Supervisor Clark moved the Board direct staff to amend the language to reflect that it is specific to the Town of Windsor ..only, as the Town of Smithfield controls its own road closures (or "Town" .versus "Towns"). The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the. motion, and no Supervisors voting against the motion.. /I Chairman Bradshaw called for Citizen's Comments. Jack Finley, Senior Vice Commander, Veterans of Foreign Wars, requested that the VFW members of Post 8545 be allowed to use the building recently vacated by the Real Smithfield Jaycees (old agricultural building). Supervisor Clark moved the Board direct the County Administration, in conjunction with staff, to contact Mr. Finley to discuss the possibility of accommodating his request to utilize the old agricultural building. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the motion, and no Supervisors voting against the motion. John Graham of 113 Jericho Road in Smithfield .thanked the Board for sponsoring the forum on affordable housing with David Rusk. He offered to share with staff information learned from his visit to Fairfax County. Herb DeGroft of Mill Swamp Road encouraged the Board to continue its efforts to implement shared services between the County and the school administration .without the services of a consultant.. With respect to the Office on Youth, he suggested .that the .Board appoint a special commission under the direction of the .County Attorney to investigate what has been going on in that office, and if there has been a misuse of public funds. /I Supervisor Wright moved that the Board hear Regional Reports at this time. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. 4 90~~ 23...415 Chairman- Bradshaw reported that the Hampton Roads Partnership had not met. 1 Chairman Bradshaw reported the Economic Development Alliance would be holding ,its meeting tomorrow. Chairman Bradshaw reported that the Mayors and Chairs meeting was cancelled this month. Chairman Bradshaw reported that the Southside Mayors and Chairs meeting was cancelled this month. . Chairman Bradshaw reported that the VACo Summer Conference was held in Charlottesville last week. He stated staff would be providing a report at the Board's next meeting on the 2007 initiatives for the NACo meeting that will be held in Virginia. Supervisor- MacManus reported that the- next Southeastern Public Service Authority meeting would be held next. week.. Supervisor MacManus reported at the most recent Intergovernmental Relations Committee tourism was addressed, as well as two (2) other items in Closed Meeting. 1 Supervisor MacManus reported that a matter discussed at the Western Tidewater Water Authority meeting would be discussed in Closed Meeting. Supervisor MacManus reported that a Coalition of High Growth Communities meeting was held during the VACo Summer Conference. He advised that additional administrative staff has been hired, and the organization is moving ahead accordingly in a progressive manner. He further advised that the budget was approved. He commented that all three (3) gubernatorial candidates attended the VACo Summer Conference, with the major theme of the Education Steering Committee achieving full funding of SOQs. Supervisor Clark reported that the Hampton .Roads Planning District Commission did not hold a meeting. He advised that Oceana had survived the BRAC cut, and that the City of Virginia Beach must make certain land use changes over the next six (6) months to ensure .that Oceana is not in jeopardy of closure. He noted that Fort Monroe would be closed. 1 Chairman Bradshaw reported that the August meeting of the Hampton Roads Mayors and Chairs Caucus had been cancelled, and that an invitation has been extended to all three (3) gubernatorial candidates to meet with the Caucus. He stated that County Administrator Caskey would keep the public informed on when their visits would occur. 5 eooK 23 ~~~:~41~ Chairman Bradshaw reported that he and Vice-Chairman Wright have signed up for the eighteen (18) month VACoBoard of Supervisors' Certification Program. // At ?:00 p.m., Supervisor Wright moved the Board 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 MacManus, Bradby, Bradshaw, Clark and ~ Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for a public hearing on the following: The application of William C. Sawyer, Sr. for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of 9.054 acres, and to Conditional-Rural.. Agricultural Conservation (C-RAC) of approximately fifty-six (56) acres of land located on the north. side of Bowling Green Road (Route 644), between Bob White Road (Route 652) and Carroll Bridge Road (Route 654), in the Windsor Election District. The purpose of the application is for two (2) single-family residential lots, as conditioned. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed application. Attorney. Al Jones presented the application on behalf of .the applicant. He stated. the applicant has offered proffers in the full amount, and that there would be no family member transfer. Chairman .Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of William C. Sawyer, Sr., as conditioned. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting. against the motion. Chairman Bradshaw called for a public hearing on the following: The application of James M. Carroll, Jessie B. Carroll and Carroll Family Living Trust, fora change in zoning classification from Rural Agricultural .Conservation (RAC) to Conditional-Rural Residential (C- RR) of 2.0 acres of land located at 9086. Stallings Creek Drive, 6 '' -_ 1 1 aoeK 23 ~r:;~4~.~ Smithfield, in the Hardy Election District. The. purpose of the application is for one (1)single-family residential lot, as conditioned. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed application. Attorney Al Jones represented the application on behalf of the applicant. He stated the home-has been Located at this site for 250 years, and the applicant is requesting to subdivide only two (2) acres. He stated the applicant did not proffer on the balance of the land because of the length of time the home has been there.. He stated the Planning Commissjon recommended approval, and he requested that the Board approve it as well.. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark commented that the applicant did not proffer that there would be no family member transfer on this application. II Supervisor Bradby moved the Board approve the application of James M. Carroll and Jessie B. Carroll, Carroll Family Living Trust, for a change in zoning classification from Rural Agricultural Conservation (RAC} to Conditional-Rural Residential (C-RR) of 2.0 acres of land located at 9086 Stallings Creek. Drive. The motion .was adopted by a vote of (3-2) with Supervisors Bradby, Bradshaw and Wright voting in favor of the motion, and Supervisors MacManus and Clark voting against the motion. Chairman Bradshaw called for a public hearing on the following: The .application of James M. Carroll, Jessie B. Carroll and Carroll Family Living Trust for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C- RR) of twenty-one (21) acres, and to Conditional-Rural Agricultural Conservation (C-RAC) of approximately 125 acres of land located on the west side of Mill Swamp Road (Route 621 /626), south of James. Wilson Way, in the Hardy Election District. The purpose of the application is for one (1)single-family residential lot, as conditioned. .Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed application. 1 Attorney Al Jones represented the application on behalf "of the applicant. He stated the applicant has proffered that there will be no family member transfers on the balance of the property, and he requested the Board approve the application. Chairman Bradshaw closed the public hearing and called for comments from the Board. 7 soon 23 -; . 4~.8 Supervisor Clark moved the Board approve the application of James M. Carroll and Jessie B. Carroll, Carroll Family Living Trust, for a change in • zoning classification frpm Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of twenty-one (21) acres,.. and to Conditional-Rural Agricultural Conservation (C-RAC) of approximately 125 acres of land located on the. west side of Mill Swamp Road (Route 621!626), south of James Wilson Way, as conditioned. The motion .was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. // Supervisor Wright moved the Board return to the regular order of the agenda. The motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // County Attorney Stroman requested that the Board convene in a closed meeting pursuant to Section 2.2-3711.A.1 to discuss performance of County employees, and under Section 2.2-3711.A.7 to receive legal advice. Supervisor Wright moved the Board enter a closed meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to the open meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved 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.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; 8 1 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 identif ed in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ri Chairman Bradshaw called for Transportation Matters. Sandon Rogers, Transportation Planner, advised that contained in the agenda is a list of VDOT responses. to action items from various Board meetings through August 1, 2005. Responding to Supervisor MacManus, MacFarland Neblett, VDOT Resident Engineer, offered to investigate and report back if the bids were. received by VDOT today on the Four Square Road project. Jonathan W. Hartley, Director of Planning and Zoning, briefed the Board on the status of the Route 460 Location Study. He advised that. he did met with VDOT officials and citizens of the Mill Creek area to discuss the process to date. He noted that VDOT staff has not clearly stated that they will be making a recommendation at this point in time; however, the study will be before the Commonwealth Transportation. Board as early as September 15, 2005. [~ Chairman Bradshaw noted that the Board had previously made a motion to direct staff to formally notify VDOT and the Commonwealth Transportation Board of the Board's concerns with the current alignment as it related to the Mill Creek.. area. He stated the Board also wanted the interchange at .the Shirley T. Holland Commerce Park included, and he had also advocated that the alignment have as little residential impact as possible as it crosses the Blackwater River. Mr. Hartley offered to send afollow-up letter to VDOT. 9 County Administrator Caskey noted that the letter did contain language that numerous citizens have expressed their concerns regarding the residential impact, and. the County requests. that VDOT .keep these ~ homeowners in .mind as it works towards moving from a corridor study towards design engineering. Chairman Bradshaw stated it would be appropriate for staff to send another letter. Chairman Bradshaw moved that staff be directed to forward another; more detailed, letter to VDOT with a request that the alignment be reviewed due to the .impact it would have on the existing twenty-three (23) homes in the Zuni and Mill Creek area. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no Supervisors voting. against the motion. Chairman Bradshaw reported that a sign unveiling ceremony had been. - held today for the dedication of the-King Family Bridge on the Route 258 Bypass near .the Camptown community. Chairman Bradshaw requested that Mr. Neblett elaborate on his earlier conversation with him. today during the dedication of the King Family Bridge as it relates to the status of the Suffolk District Office. Mr. Neblett reported that to the. Board that the County would be becoming a part of the Waverly Residency, which includes the Counties of Sussex and Surry, as a result of the City of Suffolk assuming its own road : maintenance program, effective July 1, 2006. He stated that he remains the contact person for the County at this time. County Administrator Caskey offered to further communicate the Board's desire to have the VDOT Residency office located in the Town of Windsor at the next quarterly meeting between staff and VDOT officials,. which includes the District Administrator, and which takes place on August 29, 2005. Understanding that the Windsor Town Manager already attends such quarterly meetings, Supervisor Wright .offered to also. invite the Mayor of Windsor to the meeting. Supervisor Wright advised that he was pleased to report that a roadway project in the Windsor area done by Blair Brothers had been completed ahead of schedule, and under budget. Supervisor MacManus inquired if it is accurate that design delays for warning signs/gates at the James River Bridge has caused the funding to be .lost. Mr. McFarland. explained that funding for. warning signs/gates became an issue because there were a number of other facilities in addition to the 10 James River Bridge. He stated that while design delays initially caused the funding to be .lost, VDOT is proceeding to seek funding for all six (6) locations, to include the James River Bridge. 1 Supervisor MacManus .encouraged VDOT to take appropriate action with the consultant who caused the funding to be lost and caused this impact for the Hampton Roads community. Supervisor Clark stated he would also like to know if the design specifications are complete and, if and when, the funding will be available again. . Supervisor Clark moved that the Board request Mr. Mike Dangerfield to address the Board .concerning its previous request for gates and warning signs on the James. River Bridge. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman presented a lease between the County and Mr. James Edward Crocker and Mr. Peter Frank Crocker for a portion of property to be utilized as a convenience center. Supervisor Wright moved the Board authorize the Chairman, on behalf of the Board, to enter into a Real Property Lease Agreement with Mr. James Edward Crocker and Mr. Peter Frank .Crocker for a portion of property located at 9421 Whispering Pines Trail for the purpose of operating a manned convenience center. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the .motion, and no Supervisors voting against the motion. 1 County Attorney Stroman referred to the report on affordable housing contained in the agenda. He provided a timetable of November/December of 2005 if the Board wished to pursue an affordable dwelling unit ordinance, as the matter must. first be referred to the Planning Commission because it involves an amendment to the County's Zoning Ordinance. He stated the Board could include a reference to affordable housing in the current Cash Proffer Policy, although he recommends that the Board include it in the Non- cash Proffer Policy, which could be ,brought back to the Board for consideration in January, 2006. Supervisor MacManus suggested that a special committee be formed consisting of two (2) Planning Commission members from each of the Towns of Smithfield and Windsor, as well as the County, in combination with three (3) members from the development community, for a total of nine (9) 11 members, to develop a policy that would be unified throughout the County and the adjoining two (2) towns. Supervisor Clark. staffed that he was not convinced. that an affordable housing policy is in the County's best interest.. He stated that while affordable housing was successfully accomplished at the St. Lukes development, each development is .different, and should be considered on a case-by-case basis. Mr. Hartley commented that staff has really not yet looked at what is the true nature of the problem in the County, and a better understanding of the problem is needed before proceeding in any direction. He stated because of pressing priorities, staff does not have the time to perform the needed analysis; however, a task force such as recommended by Supervisor MacManus could address a joint effort between the three (3) jurisdictions. Beverly H. Walkup, Assistant Director of Planning .and Zoning, advised that staff has discussed studying the need to address what the market. would be in the County, to include what incomes would be affected, and how should the County proceed with solving the problem in County. She. stated staff is not in a position to do this, and recommends selecting an expert to develop the necessary guidelines and further study the issue before staff begins to make decisions about it, since staff does not know what the issues are. Supervisor MacManus moved that the Board direct staff to present a recommendation to the Board at its September 15, 2005 meeting on how to approach the issue of affordable housing and, to develop a common,. County- wide solution. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Strornan indicated that included in the agenda is a brief report on the August 13, 2005 meeting of the VACo Administration of Government Committee on which he serves as the Board's representative. County Attorney Stroman advised that he would have fourteen (14} matters for discussion with the Board later in closed meeting.. // Chairman Bradshaw called for the Community Development Report. County Attorney Stroman .noted that Supervisor MacManus had indicated that he had certain items that he wanted to make staff aware of with the regard to the "Final" Subdivision Plat of Lawnes Point on the James, and he would recommend that the Board receive that information and table ,consideration of the application in lieu of removing it from the agenda. 12 'i~~_~r F if h: 1 Supervisor MacManus moved that. the Board table the "Final" . Subdivision Plat of Lawnes Point on the James to the Board's September 1, 2005 meeting in order to allow staff additional time to address the concerns ' expressed by Supervisor MacManus with Lots 140, 38 and 39 regarding the potential difficulty in the construction of homesites in the .shaded historical areas. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rogers presented the "Final" Subdivision Plats of Founder's Pointe, Phase 2, Sections 2A, 2B, 2C and 2D, Sugar Hill Road,. Route X61, Newport Magisterial District, for the Board's consideration. Responding to Supervisor MacManus' concern with the size of the lots, Mr. Rogers advised that he had requested the developer and Civil Engineer working on the project to again compute all the lots to verify they are of sufficient building size. 1 Supervisor Clark moved the Board approve the. "Final" Subdivision Plats of Founder's Pointe, Phase 2, Sections 2A, 2B, ZC and 2D. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the .motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the Parks and Recreation Report. .Chairman Bradshaw reminded the Board that. Supervisor Clark had made a motion under Special Presentations to discuss the Bicycle and Pedestrian Facilities Committee's request further under New Business. // Chairman Bradshaw called for the Public Utilities report. Columbus Grant, III presented a renewal agreement for the professional engineering services with R. Stewart Royer for the Board's consideration. He stated that the County Attorney has reviewed the agreement and recommends it as to form. 1 Supervisor Clark moved that the Board authorize the County Administrator to enter into an agreement with R. Stuart Royer & Associates, Incorporated, commencing on June 4, 2004 and continuing for one (l) year, with the option to renew for two (2) additional one (1) year terms at the option of the County. The motion. was adopted by a vote of (5-0) with 13 ~o~r 23 ~, 42~ Supervisors MacManus, Bradby, Bradshaw,- Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion, Supervisor MacMarrus encouraged Mr. Grant to continue looking at the amount of funds being spent on professional engineering contracts to determine if there is a point that a staff person should be brought on-board to address some of the duties. ~/ Chairman Bradshaw called for the Emergency Management report. Richard 4. Childress, Director of Emergency Management, presented a request from the Fire and Rescue Association to hold its annual meeting with the Board. Supervisor Clark moved that the Board hold its annual meeting with the Fire and Rescue Association on Wednesday, November 16, 2005 at 6:00 p.m. The motion .was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Childress requested the Board forward any issues to him for inclusion in the agenda, which is to be provided to the Board one (1) month in advance of the meeting. ie Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented a contract amendment for assessment services which has been reviewed by .the County Attorney and approved as to form. Supervisor MacManus moved the Board authorize the Chairman to sign the contract for assessment services, Addendum No. 1, on behalf of the. County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey stated responsive to an Invitation for Bids for the roof replacement on the courts building, the FY04-OS Capital. Budget includes $60,OOQ for this effort. He stated that staff is recommending that they be permitted to proceed with the procurement of roof replacement, which. will require an additional allocation of $3,375. 14 BONN 2c) ~~ ~~~?~ Supervisor .Wright moved the Board adopt the following Resolution to Appropriate Funds From the Designated Fund Balance of the Capital Fund for the Replacement of the Courts Building Roof: ~] RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE OF THE CAPITAL FUND FOR THE REPLACEMENT OF THE COURTS BUILDING ROOF WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the carryover of previously appropriated funds for the replacement of the Courts Building roof; and, WHEREAS, the funds in the amount of sixty- thousand dollars ($60,000) need to be appropriated to complete an approved Capital Budget project. from the Designated Fund Balance to the 2005-06 Capital Budget of the County of Isle of Wight. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of sixty thousand dollars ($60,000) from the Designated Fund Balance be appropriated to the 2005-06 Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of .Wight, 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 MacManus, .Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor. MacManus moved the Board appropriate $3,375 from the Capital Contingency Fund. The motion was adopted- by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Appointments. i Supervisor Clark moved the Board accept the resignation of Nancy Guill from the CASA Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board appoint Lois Chapman to serve on the CASA Board as an at-large representative. The motion was adopted by a 15 ( i gpnp ~~ .~,~ vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the ~ motion. Chairman. Bradshaw requested that County Attorney Stroman proceed with developing the appropriate bylaws and terms of office for the CASA Board, and that staff work in conjunction with the various Board members to determine what district they are representing. Chairman Bradshaw moved that the Board direct the County Attorney to review the members currently serving on the Youth Services Advisory Board, and provide a report to the Board at its September 1, 2005 meeting on the accurate Board appointees, to include .the district they are representing. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board direct staff to provide the Board with an update on the attendance of individuals appointed by the Board to the various boards/committees/commissions. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved that the Board approve Stan D. Clark, E. ~'Vayne Rountree, P.E., Arthur E. Berkley, Tarri Jones and David Moose as the individuals to serve on the Housing Rehabilitation Advisory Board. The motion was adopted by a vote. of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor Clark moved the Board take a five-minute recess. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. County Administrator Caskey stated with respect to the issue of shared services with the school system, he had met with Dr. Michael W. McPherson, School Superintendent, and discussed the feasibility of moving forward with 16 BOQK fr~ 'r ,• ~~ i a consultant. He noted contained in the agenda is the letter provided to him by Superintendent McPherson citing the advantage of hiring a consultant would be that there might be issues that an individual with that expertise would identify of which staff might not be aware. He advised pursuant to ' Chairman Bradshaw's request, staff had contacted appropriate individuals. in Spotsylvania County that had a familiarity with that effort and had obtained a copy of the report done by its consultant. He stated that as of now, that study is sitting. on a shelf. He stated he also contacted his counterpart in Gloucester County. and was informed that the study that was done several years ago had not been put into practice. He stated there are challenges across the state relative to the issue of shared services. .• Supervisor Clark stated the issue is to share services in order to save money, not share the cost of hiring a consultant. He stated that the .school administration is moving in the wrong direction. Chairman Bradshaw stated his approach is not to dictate what needs to be done, but for staff to get together because they are the ones who know what can be done more efficiently. He stated the same procedures are being done today as done twenty (20) .years ago, and technology is constantly changing. ~ -~i Supervisor MacManus moved that the Board direct staff to send a letter to the Chairman of the School Board advising that per the School Board's agreement with the Board, there will be a joint effort to share services. between the County and the school administration, and the Board declines the School Board's offer to proceed with hiring a consultant. The letter is to be signed by the Chairman and the other members of the School Board are to be copied. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (D) on the Consent Agenda, Status Report - School Appropriations by Category, Liesl R. DeVary, Director of Budget and Finance, advised that the school's Finance Director has proposed the form in the packet to be presented to the Board each month to show that the school system is in compliance with funding by category. She noted that this method is after the expenses have been incurred, and it does not require prior approval. by categories. She stated the school system is supposed to get prior approval for expenditures when a budget is approved by category. Chairman Bradshaw stated if the Board accepts the report, it will be signaling its approval of the budget amendments. i Supervisor Clark moved that the Board object to the report in its current format, and direct staff to return into the school administration with a request that they propose specific budget amendments that they are requesting for the .Board's consideration. The motion .was .adopted by a vote 17 ~~~~ 2~ , of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright ..voting in favor of the motion, and no Supervisors voting against the motion. Following a briefing from Donald M. Long, Director of Public Works, on the progress .made in establishing a manned convenience center in Orbit, .Supervisor Wright moved the Board direct staff, within the -next thirty (30) days, to remove the dumpster from the Orbit site; to proceed with closing the .site down; and, to continue .efforts to find a suitable place to reestablish a dumpster site. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Long requested the Board's direction. with respect to the holiday schedule for Public Works.. Supervisor Wright moved that all convenience center sites remain open on all holidays (full 12 hours), except for Christmas, and that staff be directed to come back with a feasible schedule to support the openings. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw requested Mr. Hartley to investigate the status of the state. and federal governments issue with respect to the Airway Motel. He suggested that Mr. Hartley speak with the Sheriff, as well as the Chief of Police in Franklin. // Chairman Bradshaw called for New Business. Supervisor Clark stated the Route 17 Revitalization Committee met recently and identified certain properties that are in violation of the County Code along Route 17, specifically the abandoned trailer towards the Suffolk line, the burned out building at Channel Way, and E & E. Supervisor Clark moved the Board direct the Codes Enforcement Officer to see if he can identify any properties along the Route 17 corridor that have potential safety and/or code violations, specifically the abandoned trailer near the Suffolk line, the burned out building at Channel Way, -and E & E, as recommended by the Route 17 Revitalization Committee. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark requested Mr. Childress to address the issue of I.C.E. 1 1 f 18 90~~ 23 .. ~4?~ Mr. Childress stated I.C.E was invented. by a London paramedic recently, and he thought it would be helpful in an emergency to identify a victim by using I.C.E to identify certain numbers to be contacted in an emergency. U Supervisor Clark moved the Board direct Mr. Childress to list the LC.E issue on the next Fire .and Rescue's agenda, and bring back a report to the Board at its November 3, 2005 meeting for discussion and consideration. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. ,- Regarding .the earlier request of Ms. Dempsey on behalf of .the Bicycle and Pedestrian Facilities Committee for funding to hire a consultant, .Supervisor Clark moved the Board direct staff to review the Committee's request for $30,000 to hire a consulting agency to assist with completing and- refining the draft plan being developed by that Committee, and provide the Board with a recommendation at its November 3, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. i~ Alan S. Nogiec, Director of Parks and Recreation, requested the Board consider a date and time for a dedication of the Heritage County Park. and Fairgrounds. Supervisor Clark moved the Board schedule its dedication ceremony for the Joel C. Bradshaw Fairgrounds for 4:00 p.m. on Thursday, September. 15, 2005 at the Heritage County Park, and staff is to advertise the event accordingly in the newspapers. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board .direct staff to invite the individual who gave the presentation at the VACo Summer Conference on residential development .and the tools utilized for road systems, to make a presentation to the Board in November, 2005 at The Smithfield Center, .and that staff should also invite the members of the Planning Commissions, the Town Council members, and the civic associations to attend. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board direct- staff to obtain the demographic 'information presented at the VACo Summer Conference, and have it available for review by the Board, Planning staff, and members of the Planning Commission. The. motion was adopted by a vote of (5-0) with 19 Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // • Chairman Bradshaw moved the. Board take a five (5) minute recess. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. /f Supervisor Clark moved the Board amend its .agenda in order to receive introductions of representatives from the Johnson Development Associates in connection with an economic development matter. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the motion, and no Supervisors voting against the motion. Patrick J. Small, Director of Economic Development, formally introduced Garrett Scott and Bryan Nash, with Johnson Development. Associates, which will purchase 108 acres in the Shirley T. Holland Industrial Park with .the intent of building astate-of--the-art, speculative industrial facility, consisting of 300,000 square feet, that is expandable to up to 800,000 square feet. Supervisor Clark moved that the Board waive the 11:00 p.m. automatic adjournment of the meeting pursuant to Section 3-5 of the Rules of Procedure. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman requested the Board convene in closed meeting pursuant to Section 2.2-3711.A.3 of the Freedom of Information Action to discuss. the acquisition of real estate for a public purpose where no prior announcement has been made; pursuant to Section 2.2-3711.A.7 to receive legal advice to discuss the investment of public funds in connection with a contractual relationship with the Town of Smithfield for water purchases; under Section 2.2-3711.A.7 to receive legal advice concerning the issue of payment of proffers by the Town of Smithfield; pursuant to Section 2.2-3711.A.3 to discuss the acquisition of real estate, and to receive legal advice concerning the proposed acquisition of property by the County; pursuant to Section 2.2-3711 A.7 to receive legal advice concerning a proposed settlement of actual litigation involving the Board of Equalization; pursuant to Section 2.2-3711.A.7 to receive Iegal advice concerning service on County boards and commissions; pursuant to Section 2.2-37I1.A.7 to receive legal advice concerning compliance with VDOT construction requirements; pursuant to Section 2.2-3711.A.7 to discuss a personnel matter r 20 relating to the performance of County staff related to the Office on Youth and CASA; pursuant to Section 2.2-3711.A.7 to consider a personnel matter relating to the performance and business of the County Attorney; pursuant to Section 2.2-3711.A.6 to discuss the investment of public funds in connection with the County's membership with the Western Tidewater Water Authority; pursuant to Section 2.2-3711.A.7 to receive legal advice concerning actual litigation involving East West Partners; pursuant to Section 2.2-3711.A.3 concerning the acquisition of public property for a private purpose; pursuant to Section 2.2-3711.A.3 and A.5 concerning a prospective business or industry and acquisition of property for a public purpose; and, pursuant to Section 2.2-3711.A.7 to receive legal advice and discuss personnel maters related to .the performance. of County staff within the Commissioner of the Revenue's office. Supervisor Bradby moved that the Board convene in closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting against the motion. 1 Supervisor MacManus 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.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; 1 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. MacManus, Bradby, Bradshaw, Clark and Wright 21 NAYS: 0 ABSENT DURING VOT£x 0 ABSENT DURING MEETING: 0 • o. // Supervisor Clark moved the Board authorize an expenditure of funds as discussed in the closed meeting regarding the Jackson property. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board authorize staff to submit a bid on the property that was discussed in the closed. meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion.. Supervisor Clark moved to authorize the County Attorney to enter into the contract discussed- with counsel in the closed meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // At 12:05 a.m., .Supervisor Bradby moved. the Board adjourn. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in favor of the motion, and no Supervisors voting against the motion. ,, ~, - .fillip A. Bradshaw, Chairman.