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09-15-2005 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD .THE FIFTHEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FIVE 1 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 AdministratorlOperations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw reconvened the meeting at 6:00 p.m. // 1 Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted // Chairman Bradshaw called for approval of the agenda. i~ County Attorney Stroman requested that the following amendments be made to the agenda: Under Old Business, add a new Item (D) concerning the Board's Retreat; under Old Business, add a new Item (E) concerning an update on a .convenience center; under Closed Meeting, there will be a total of five (5) matters; under Old Business, add a new Item (F) concerning the proposed Route 460 Realignment; under Old Business, add a new Item (G) concerning cooperative school efforts; under Old Business, add a new Item (H) concerning rate of mileage reimbursement; under New Business, add an Item (A) concerning the potential for a youth commission in the County; under New Business, add an Item (B) concerning the school house museum; and, move the Closed Meeting to Item 2. ~: Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors 1 MacManus, Bradby, Bradshaw, Clarke and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark axnounced that the .Carrollton Civic Association and the .Isle of Wight Citizens' Association will be hosting a farewell party for Supervisor MacManus at the Trinity United Methodist Church on Friday, September 16, 2005 at 7:00 p.m. // County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.7 to receive legal advice concerning a parcel of real property affected by the voluntary annexation agreement with the Town of Smithfield; pursuant- to Section 2.2-3711.A.7 to receive legal advice; pursuant to Section 2.2-3711.A.1 to discuss personnel matters pursuant to the appointment and special election necessitated by an anticipated. vacancy in the Smithfield Election District; pursuant to Section 2.2-3711.A.7 and A.1 to receive legal advice and personnel matters related to the Office on Youth; pursuant to Section 2.2-3711.A.7 to receive legal advice regarding the payment of proffers by the Town of Smithfield; and, pursuant o Section 2.2- 371 I .A.3 concerning the acquisition of real property for a public purpose. Supervisor Wright. moved that the Board enter the 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 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. 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 v.~ith the provisions of the Virginia Freedom of Information Act; and, e. WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors .that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification • 2 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. [l VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright . NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action taken following the closed meeting. // Supervisor Clark moved the Board amend its agenda and add an Item (I) under Old Business for a discussion of the investigation of the Office on Youth. 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 announced his resignation from the Smithfield District seat on the Board of Supervisors effective Friday, September 16, 2005. He advised that he would be taking another position with Dominion Power and moving to Connecticut. Supervisor Clark stated that the relationship between the County and the Smithfield Town Council has greatly improved during Supervisor MacManus' tenure. He stated that it has been a pleasure and honor working with him, and his attention to detail and dedication would be missed. Supervisor Wright stated that he has learned a great deal from Supervisor MacManus, and his accomplishments will be remembered in the County. Supervisor Bradby recognized Supervisor MacManus for his efforts in working-with the entire Board for the good of all County citizens. Chairman Bradshaw stated Supervisor MacManus was instrumental in developing the Strategic Plan, and has worked with the other members of the Board to improve the quality of life for the County's citizens. !/ 3 AoCr. 2~ ~ ~ .-~:~~ Chairman Bradshaw called for Special Presentations. • Dallis Ellis, representative of Rehoboth .Incorporated, requested permission to purchase the old agricultural building,. which was formerly utilized by the Real Smithfield Jaycees, for outreach ministry purposes. County Administrator Caskey advised that his office has had a number of groups to express. an interest in utilizing the building, to include the Veterans of Foreign Affairs.. He stated that currently the. Public Works Department is using the building for storage. Supervisor. Clark moved that the .Board expand its previous motion to include Rehoboth Incorporated's request, and any other requests, as well. as the County's .internal needs, and direct staff to provide an evaluation to the Board to see what is the best choice for the community. 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. Walter Baker, Prime Media, presented the first PEG Channel video broadcast to the Board on the affordable housing program, which is scheduled to air daily at noon and 9:00 p.m. He noted that a hurricane survival test broadcast would also air at 10:30 a.m. and 7:30 p.m. // Chairman Bradshaw indicated the Consent Agenda included the .following items: A. Dedication of the Joel C. Bradshaw Fairgrounds B. Resolution to Authorize the Solicitation of Proposals for Non- Professional Services for Financial Advisory Services C. Department of Public .Utilities Construction Specifications..and Standards for. Waterworks and Sanitary Sewerage Facilities D. Pedestrian and Bicycle Facilities Committee E, Planning Commission Action List of August 23, 2005 F. Delinquent Real Estate Tax Collection Monthly Report G. August 24, 2005 Regular Meeting Minutes Chairman Bradshaw asked if there were any items for removal.. 4 °^~~ ~`? X77 Supervisor MacManus moved that the .Board adopt the Consent Agenda, as' presented. 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. D // Chairman Bradshaw called for Regional Reports. Chairman Bradshaw reported the Hampton Roads Partnership held its retreat earlier in the week. He noted that transportation was the major topic of discussion, and representatives of the State were present to answer questions and advise how the State intends to cover the $1 billion dollar maintenance funding shortage. Supervisor Clark reported on the. discussion held on the military facility at Oceana, and how it will proceed from this. point forward. He stated that regional cooperation is essential. L~ Supervisor MacManus reported that SPSA representatives visited the waste-to-energy facility. He advised that he has requested Leroy Bennett to assume the role of SPSA Chairman due to his departurz. Supervisor Wright reported that there was not a quorum present at the last meeting of the Western Tidewater Regional Jail Authority, and the next meeting is scheduled for Thursday, September 22, .2005. County Administrator Caskey reported that transportation remains the focus of discussion with the Hampton Roads Planning District Commission Metropolitan Planning Organization. Chairman Bradshaw requested County Administrator Caskey to ensure that Supervisors Bradby and Wright are aware of the Hampton Roads Mayors and Chairs Caucus' luncheon meeting to be held at noon on Friday, September 23, 2005 at the Franklin Business Incubator located at 601 North Mechanic Street. // At 7:00 p.m., Supervisor Wright moved the Board amend the regular order of the agenda in order to conduct the public .hearings. The motion was adopted by a vote of (5-0) with Supervisors 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: 5 A. The application of Kirk Timber and Farming Company for a change in zoning .classification .from Rural Agricultural Conservation (RAC) to Conditional-Rural.Residential (C-RR) of 9.914 acres of land located on the south .side of Quaker Road .(Route 654), west of Longview Drive (Route 602) in the Windsor. Election District. The purpose of the application is fora single- family residential lot. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the application, - Kirk Pretlow, attorney representing the applicant, requested the Board favorably approve the rezoning of approximately nine (9) acres from an existing fifty (50) acre tract. He stated the parcel, if rezoned, would generate substantial revenue for the County. He stated the proposed purchaser has sold property in California, and must close on this property by the end of October, 2005 or she will incur an $85,000 tax liability. He stated that the Planning Commission's concerns have been addressed, and the applicant is offering a full proffer of $11,189; that there will be no more than two (2) family member transfers; and, that the sum of $11,189 will be paid for each of the family member transfers that are created at the time of approval of the plat. He .advised that the Chuckatuck Volunteer Fire .Department would be the first responder for this property, and if the Carrollton or Windsor Rescue Squads are not available, then Chuckatuck would be the responder. He requested that the Board allow the applicant to go back and work with the Planning Commission on any issues of concerns should the -Board not approve the application tonight. Charles Rose, Kirk Timber and Farming Company, spoke on behalf of the family members. He stated that in the past, his family has always donated needed right-of--way to VDOT, and that his family had offered a lot for the purpose of locating a voting precinct when the Ponds voting area had no suitable place to vote. He stated that his family through the years has hauled millions of tons of raw product from his and private land to Union Camp which has contributed to the County's tax base. He concluded that it is good business practice for his family to liquidate this piece of property at this time. Chris Worrett of Chesapeake, representing the purchaser, stated his intent is to build a home and reside on this property to be near his aging mother-in-law. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark inquired if the plat for the other two (2) family members must be submitted within three (3) years or lose that right. • 6 gnnn C? ~~: Jv~ 1 Attorney Pretlow confirmed that the right for family member transfers would be lost if not accomplished within a three (3) year period; however, the applicant, for tax purposes, needs to hold this land for a period of two (2) years before transferring it to anyone. Supervisor Wright moved the. Board. approve the application of Kirk Timber and Farming Company, as conditioned in the September 6, 2005 letter. 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: B. ~ The application of Robert J. Frank for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional General Commercial (C-GC), 6.4 acres of land located on the south side of Brewer's Neck. Boulevard (Route 258) east of the Benns Church Boulevard (Route 10) intersection, Carrollton, in the Newport Election District. The purpose of the application is for a future retail out parcel and .mini-warehouse complex phase IL 1 Jonathan W. Hartley, Director of Planning and Zoning, noted that the staff report in the agenda includes three (3) options, to include if staff did not receive additional information, that this application be .denied. He stated there is also another application later in the agenda under Old Business. He stated. that he had faxed a letter received by .staff which confirms that there is a contract between Dr. Frank and Messrs. Morgan and Turner to acquire an interest in this property and to develop a master plan and secure the right-of- way for the alignment of Brewer's Neck Road. He stated if the Board is comfortable with the proffered conditions associated with this application, he would recommend the Board approve this application, as well as the application under Oid Business. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed application. 1 Attorney Dustin H. DeVore, representing Dr. Robert J. Frank, confirmed that there is an agreement between the parties to include the relocation of Brewer's Neck. He stated proposed are three (3) commercial pad sites, along with a substantial buffer of 25 feet wide by three (3) feet high with vegetation on top, mini-storage buildings, and an office facility that will have an office manager on-site. He stated one-third of the units will be climate-controlled, with room for future addition to the mini-storage buildings. He presented a drawing depicting the type of trees that would be planted on the buffer. He estimated .that it would be three (3) to four (4) years before the vegetation reaches maturity. He noted that there would also be a berm with bushes and trees planted on the top. He stated there is a 70- C 7 ~oeN 2`~ . ~ ~~(~ .foot buffer in front of the pad sites along Brewer's. Neck Boulevard.. He presented a drawing depicting the appearance. of the manager's office and. office building, as well as the appearance of the side of the facility. R .Henry Morgan of 22048 Ballard Creek Drive, appeared and stated he is representing Benn's Church Properties, Isle of Wight Materials, and his partner, Richard L. Turner. He stated an agreement on the right-of--way acquisition has been reached, which will solve a major traffic problem when the development is built-out. He stated that he has a clear understanding of the Board's expectations with regard to landscaping and buffers, and should they not be satisfactory, he would be very receptive to the Board's comments. Chairman Bradshaw closed the public hearing and called for comments from the Board. Mr. Hartley advised the Board that Messrs. Morgan and Turner have represented that they will develop a master plan, and not come back for any .other approvals on this property until that plan is developed, to include a future hotel site. Chairman Bradshaw inquired. as to what type of uses are allowed on this site. Mr. Hartley replied administrative services, childcare, clubs, and a post office, as stated in Proffer Number 5. Chairman Bradshaw noted that Proffer Number 2 applies only if a storage building is built, but at this point, the Board has no idea what the developer will build on that site. Mr. Hartley stated Proffer Number 1 addresses what will be built there, stating it will only involve self storage facilities in the outparcel sites between the storage building and Brewer's Neck Boulevard. Chairman Bradshaw asked for clarification on Proffer Number 5. Mr. Hartley stated Proffer Number 5 pertains to the uses permitted on the three (3) pad sites. Chairman Bradshaw inquired if a motor repair shop could. be built on any of the three (3) pad sites. Mr. Hartley stated there could. be a minor auto repair-shop located on the three (3) pad sites. Chairman Bradshaw stated that the County's ordinance does not define. .the number of vehicles, and if a club .were built there, parking could potentially become an issue. 8 Mr. Hartley responded to Chairman Bradshaw that all three (3) sites are subject to a site plan review process. Supervisor Clark. inquired about direct access to Brewer's Neck. , Mr H rtl d di . a ey state rect access would either be through the existing entrance at the hotel or a new entrance,. and that typically traffic volumes are low for self storage facilities. Chairman Bradshaw stated that he would be in favor of limiting the number of uses on this application. He expressed concerned with the future , and what could potentially be built at this site. He stated traffic will only continue to increase in that area. Mr. Hartley reminded the Board that what is being considered at this time is a concept that was initiated by the Franks over a year ago, and once the master plan process is initiated, there may be additional elements morn in line with what the Board believes would be best located there, or the applicants could come back with a totally different plan. County. Attorney Stroman inquired from Attorney DeVore if it was the applicant's intention to include as part of its proffer the landscape rendering shown to the Board earlier in the meeting... Attorney DeVore replied "yes." Supervisor MacManus moved the Board approve the application of .Robert J. Frank, as proffered, to include the detailed drawings presented at the 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 Wright moved that 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.. U Chairman Bradshaw called for Transportation Matters. Sandon Rogers, Transportation Planner, referred to the list contained in the agenda of VDOT responses to action items from. various Board meetings through. September 1, 2005, which is for the Board's information. 9 .. Mr. Rogers notified the Board that Mike Dangerfield would not.. be present tonight because of his need to be at the Monitor Merrimac Memorial. ,~ Bridge- due to Hurricane. Ophelia. Mr. Rogers advised that the James River Bridge would be closed northbound on Sunday, September 18, 2005 from- 7:00 a.m. until 1:00 p.m., and southbound from 9:00 a.m. to 10:00 a.m. - Supervisor MacManus requested that. MacFarland Neblett, Resident ~ Engineer, VDOT, take appropriate action to relay the Board's request that the closing schedule for the James River Bridge be changed to early morning as opposed to daylight hours. Mr. Rogers notified the .Board that the Camptown "No Through Trucks" signs are being installed in that community. Mr. Rogers notified the Board that staff would be meeting with VDOT staff on Friday, September 16, 2005 regarding the emergency signals in the Town of Windsor. Teresa Johnson of Candy Island Lane notified the Board that VDOT has installed a 45 mph speed limit sign from Bartlett to the other side of the stop lights. She requested that a portable sign be installed at Bartlett notifying motorists that the James River Bridge would be closed on Sunday. Mr. Neblett notified the Board that Joe Lomax, Assistant Resident 'nistrator VDOT had acce ted the position of Resident Administrator Admi P at the Franklin residency. office, effective last Thursday, September 8, 2005, and his areas of responsibility would be the City of .Franklin and Southampton County. He stated that Mr. Lomax. would be continuing to work with him through the transition period with the City of Suffolk. // Chairman Bradshaw called for Citizen's Comments. Tim Downey, Billy Smith -and Ron Pierce, .Civil War re-enactors, representing the 32nd Virginia Infantry, notified the Board that Newport News is anticipating the development of lands around the Endview Plantation, and the Infantry is considering relocating to the County. Supervisor Clark moved the Board direct staff to contact Mr. Downey, Mr. Smith and Mr. Pierce to determine their exact needs with respect to holding re-enactments in 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. 10 1 n , ~? /~ V~ Nicki Sabino of Gray Street notified the Board that she desired to be appointed to fill the unexpired term of Supervisor .MacManus as the Smithfield District representative. Bob Amato of Longview Drive notified the Board of his concern that the .County's Animal Control gas chamber is being put back into limited. operation. Chairman Bradshaw advised Mr. Amato that the County's Animal Control gas chamber has not been put back into use. He requested that Mr. Amato contact County Administrator Caskey regarding State regulations for the maintenance and certification of the Animal Control gas chamber. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman informed the Board that he had prepared a Petition for Writ of Election in order to comply with State law for a special election to be held in November, 2006 to fill the unexpired term of Richard K. MacManus. Supervisor Clark moved that the Board authorize the County Attorney to file a Petition for Writ of Election on behalf. of the Board on Monday, September 19, 2005. 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 recommended that the Board rescind its previous motion with respect to the proposed charitable donation for Hurricane Katrina victims, and instead adopt the resolution prepared by him which complies with State law. Supervisor Clark moved that the Board rescind Supervisor MacManus' motion at its September 1, 2005 meeting to direct the County Administrator to notify VACo that the Board has indicated a commitment to appropriate funding to the Hurricane Katrina relief efforts in a per capita amount equal to the population of the County, which equates to approximately $32,000, and adopt the following Resolution of Commitment to Appropriate Funding for Hurricane Katrina Relief Efforts: RESOLUTION OF COMMITMENT TO APPROPRIATE FUNDING FOR HURRICANE KATRINA RELIEF EFFORTS. WHEREAS, Hurricane Katrina has brought widespread devastation to the Gulf Coast of the United States, displacing hundreds of thousands of Americans; and r 11 WHEREAS,. the Board of Supervisors of Isle of Wight County, Virginia, believes that all local governments in the Commonwealth of Virginia should financially assist in hurricane relief efforts in an amount equal to one dollar ' per capita population; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, is committed to appropriate funding for hurricane relief. efforts as permitted by Code of Virginia § 15.2-953 (1950, as amended); NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight :County, Virginia, challenges all .local governments to make a donation equal to one dollar per capita. BE IT FURTHER RESOLVED, that -the County Administrator of the County of Isle of Wight, Virginia, is hereby authorized. to do all things necessary to give this resolution effect. Supervisor. Clark further moved that the Board' adopt .the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR A DONATION TO THE HURRICANE KATRINA RELIEF FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has in view of the devastation .caused by Hurricane Katrina approved a donation to the hurricane relief fund;. and, WHEREAS, funds in the amount of thirty two thousand dollars ($32,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2005-06 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty two thousand dollars ($32,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2005-06 Operating Budget.. BE IT .FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give .this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, .Clark. and Wright voting in favor of the motion,. and no Supervisors voting against the motion. Supervisor MacManus moved that staff be directed to request that these funds be directed to the American Red Cross, and earmarked specifically for 12 Hurricane Katrina. 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 Community Development Report. Mr. Hartley presented a staff report concerning the Mercury. Deposition Monitoring System for the Blackwater River Basin for the Board's information. .- Beverly H. Walkup, Assistant Director of Planning and Zoning briefed the Board on. the proposed strategy for studying the issue of County-wide affordable housing. Supervisor Clark moved that the Board authorize staff to issue an RFP for consulting services to analyze the matters discussed in Item "A" of the planning report, and develop a resolution for the Board's .consideration at its October 6, 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. // 1 Chairman Bradshaw called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, stated pursuant to the Board's direction at its September 1, 2005 meeting, he has proceeded to execute and submit a Rescue Squad Assistance Fund (RSAF) grant application, a completed copy of which was placed in front of the Board prior to its meeting tonight for its information. // Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented staff s recommendation to set the compensation rate for the Board of Assessors for the 2006 assessment at $75 per day for meetings and/or site reviews, and $100 per day for hearings. 1 Supervisor Clark. moved the Board set the compensation rate for the 2006 reassessment at $75 per day for meetings and/or site review, and $100 per day for .hearings. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clazk and Wright voting in favor of the motion, and no Supervisors voting against the motion.- // 13 90nK. 2.J -:.:~ ~~~ Chairman Bradshaw called for Appointments. Supervisor MacMaryas moved that James B. Brown, Jr. be appointed to replace him as the Board's representative on the Southeastern Public Service Authority. 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. Stan D. Clark be appointed to replace him. on the High Growth Coalition. 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 Thomas J. Wright, III become the voting member on the Western Tidewater Water Authority. 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 requested that the Board defer appointing his replacements on the Intergovernmental Committee and the Western Tidewater Water Authority until the Board appoints someone to fill his unexpired term as the Smithfield District representative. // Chairman Bradshaw called for Old Business. Mr. Hartley presented the preliminary plat and WQIA for the Norsworthy Subdivision. He stated that staff had met with the representative for the applicant, and are requesting that the Board table the matter until the Board's November 17, .2005 meeting. Supervisor MacManus moved the Board accept the recommendation of staff to table these matters to November 17, 2005, and that they be brought back to the Board earlier if they are ready for 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. Chairman Bradshaw called for discussion on the following application: The application of Robert J. Frank. to amend the proffered Master Plan of the Benns Church. Development, thirty-three (33) acres of land zoned Conditional General Commercial (C-GC), to allow a self storage facility and retail/office uses. The property is located on the south side e. 14 of Brewer's Neck Boulevard (Route 2.58) east of the Benns Church Boulevard (Route I O) intersection, Carrollton, in the Newport Election District. 1 Mr. Hartley stated the above application is the. balance of the Frank rezoning that was approved earlier in the meeting. Supervisor Clark moved the Board approve the application. 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. , . Donald T. Robertson, Assistant County Administrator/Operations, stated pursuant to the Board's direction at its August 24, 2005 meeting, staff has developed and is prepared to address any questions the Board may have with respect to the list of recommendations in response to the Tourism Relations Committee Report. Chairman Bradshaw suggested that County Administrator Caskey meet with Peter M. .Stephenson, Smithfield Town Manager, to discuss any concerns/comments he has responsive to staff's recommendations, and that County Administrator Caskey .and Mr. Stephenson present the final recommendations to their respective Board and Council 1 Supervisor MacManus also suggested that staff reconsider the relocation. of Tourism staff to the courthouse complex, noting that effectiveness is lost at both locations when small groups are separated; that this effort should continue to be a joint effort with the Town of Smithfield; that the County and Town of Smithfield staff should work continue working together to develop a common recommendation for. consideration by the Board and the Smithfield Town Council; that following a consensus of the recommendations, a new Tourism Director should be hired; that the Intergovernmental Committee members should be .utilized to resolve any issues that can not be agreed upon by staffs; and, a review of some of the issues should be undertaken to determine if they are appropriate for presentation to Smithfield. County Administrator Caskey called to the Board's attention a copy of an a-mail received from Larry Hinson .dated September 15, 2005, regarding the.. State APVA's recommendation that a separate Tourism Director be hired to oversee the Tourism Bureau. // Supervisor Clark 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. 15 90~K 2~3 ~.'~ JS 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. // County Administrator Caskey stated. pursuant to the Board's previous direction, staff .had contacted Mr. James Brown and was advised that he is available on December.2-3, 2005 for a Board Retreat. He stated the Retreat will be held at the Paul D. Camp Community College Workforce Development Center in Franklin. Supervisor Clark moved that the Board hold its Retreat on Friday, December 2, 2005 and Saturday, December 3, .2005 at the Paul D. Camp Community College Workforce Development Center in Franklin. 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. Donald M. Long, Director of Public Works, stated pursuant. to the Board's direction at its August 24, 2005 meeting, staff has found a suitable site in which to relocate the Orbit Convenience Center. He informed the Board that there is a 2.78 acre site on Blue Ridge Trail for sale which contains significant amounts of wetlands, and which will require. review by the U.S. Army Corp of Engineers, although the site is not located in the RPA. He stated -the asking price is $22,500, and if there are no environmental issues and no impediments to staff acquiring the appropriate permits for the property, it does appear to be a good location for a convenience center. He recommended that the Board authorize staff to sign anon-binding offer sheet with the final sale contingent on the County's ability to obtain the appropriate permits for use of the site as a convenience center. He stated the Orbit unmanned convenience center site would be closed on September 24, 2005. Supervisor Clark moved the Board authorize staff to sign anon-binding offer sheet with the final sale contingent upon the County's ability to obtain. the appropriate permits. to utilize the site as a 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. Concerning the proposed Route 460 Realignment Study, Chairman Bradshaw moved that the Board direct staff to review the study, based on the conflicting information received by VDOT, and provide a report, to include recommendations, to the Board at its. October 6, 2005 meeting with respect to residences, wetlands, the Agricultural Forestal District, and the impact on all agricultural land in the County. The motion was adopted by a vote of (5-0) 16 ?OEM 23 ~~J with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 .Concerning cooperative school efforts, Chairman Bradshaw requested County Administrator Caskey schedule a meeting with Dr. McPherson and the School Board Chairman to further discuss cooperative efforts between the school administration and the County. Concerning the issue of the mileage reimbursement rate, Chairman Bradshaw recommended the rate $.48 per mile, as set by the federal government.. ~ . Concerning the investigation into the Office on Youth, Chairman. Bradshaw ,advised that the Board has requested staff to perform an internal study and evaluation. He stated that the State Office on Youth has also performed an evaluation, but the report has not yet been received by :the County. Anne F. Seward, Assistant County Administrator/Administration, addressed the .Board on the. findings and recommendations contained in a report prepared by her entitled "Internal Performance Review and Financial Audit." 1 County Administrator Caskey advised that responsive to the findings and recommendations within the report prepared by Ms. Seward, he is proceeding to suspend the activities and operations within the Office on Youth, inclusive of the CASH program, effective immediately. He noted that this action includes the suspension of all upcoming meetings and activities of those separate groups so that attention can be focused on the findings and recommendations. He advised that the report from the consultant retained by the State will be forthcoming on the assessment of that operation, which will be submitted directly by the consultant to the State, the Department of Criminal Justice Services -and the County. He stated with the State's assistance and guidance, staff will determine, where feasible, the County's ability to address any remaining needs with the youth that are currently in a program. He stated any other administrative steps deemed necessary will also be taken in the coming weeks and months to respond to the evaluation. // . Chairman Bradshaw called for New Business. ~' (~ Chairman .Bradshaw moved the Board direct County Administrator Caskey to review the .youth commission program of Gloucester County, as .well as other localities in Virginia, and report back to the Board if it is feasible to implement such a youth commission in the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, 17 Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . s County Administratcx Caskey offered to contact VACo to...determine what other successful programs in that regard might be going on state-wide. Supervisor MacManus moved that staff be directed to meet with the individuals who have been raising. private funds for the Jamestown 2007 project to determine if County funds can be added to that initiative, and that staff report back to the Board on what the needs are, and how the Board can ensure that the 2007 project is a success. 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/ Richard L. Turner thanked Supervisor MacManus for his work on behalf of the County, and wished him well in his future endeavors. // County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.1 of the Code of Virginia pertaining to four (4) personnel matters. .Supervisor Clark .moved the Board. enter the 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 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. 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 inconformity with Virginia law; 18 a~~r ~`~ ~`~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 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // 1 Supervisor MacManus moved that the Board adjourn its meeting at 10:10 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. W. Dougl cey, Clerk P ' ip A. Bradshaw, Chairman 19 .~