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11-17-2005 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND FIVE ~ PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Thomas R. Ivy Stan D. Clark Also Attending: .Jacob P. Stroman, IV, County Attorney W. Douglas Casket', 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: Under the .County Attorney's Report, pull Item (C), Revised Codes Enforcement Policy;.. under New Business, add an item to authorize the Chairman to sign a letter requesting financial assistance far a conference. relating to homelessness in Hampton Roads; under Public Hearings, pull..Item (B), the application of Drew F. and Carole R. Dixon because of an error in the advertisement not due to the fault of the applicant or of the County. He stated that there would be a total of eight (8) additional matters under the Closed Meeting, as follows: Three (3) matters pertaining to legal advice, two (2) matters pertaining to the acquisition of private property for a public purpose- and economic development; and, three (3) personnel matters. 1 _ ,~ Under the Closed Meeting, Chairman Bradshaw added three (3) personnel matters.. Under Old Business, he added a matter pertaining to a sign ordinance; discussion on Charter Communications' franchise tax and letter received in regard to a change in fees; and, discussion on Route 460. Under Special Presentations, he further added Item (B) regarding the Virginia Association of Counties. ..Under Old Business,. Supervisor Clark added a matter pertaining to a letter received from William E. Laine, Clerk of Circuit Court, regarding funding of positions by the Commonwealth of Virginia. Supervisor Wright added an item under New Business Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) -with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Special Presentations. 1 Bob Guanci, Vice-President/Operations, on behalf of Bon. Secours Maryview Medical Center, presented the Board with an automated external defibrillator in response to sudden cardiac arrest as part of Bon Secours Maryview Medical Center's commitment to improve .the health of the communities it serves. He also presented a plaque acknowledging the gift in a cabinet donated by the AED manufacturer of electronics. .Chairman Bradshaw advised that Supervisor Bradby was recognized for .his thirty (30) years of public service on the Board of Supervisors at the. recent Virginia Association of Counties Annual Conference. He further advised that Supervisor Bradby had received the prestigious Jefferson Cup Award from VACo. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. Office on Youth Status f7 B. Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds from the U.S. Soccer FoundationlRecruiting 2 C. Resolution. to Authorize Submission of a Grant Application and to Accept and Appropriate Funds from the U.S. Soccer ~, Foundation/Soccer Complex Construction D. Status Report -School Appropriations by Category E. Resolution to Amend the County Personnel Policy/Employee Health and Safety Policy F. Board of Zoning Appeals Action List of November 7, 2005 G. Planning Commission Action List of October 25, 2005 H. Delinquent Real Estate Tax Collection Monthly Report I. October 6, 2005 Regular Meeting Minutes Supervisor Clark requested that Item (A), Office on Youth Status, and Item (F), Board of Zoning Appeals Action List of November. 7, 2005 be pulled from the Consent Agenda. Supervisor Wright moved that the Board pull Item (A), Office on Youth Status, and Item (F), Board of Zoning Appeals Action List of November 7, 2005, and adopt the remaining items in the Consent Agenda. The .motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and. Ivy voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (A), Office on Youth Status, Supervisor Clark inquired if the judges are being kept apprised about the juvenile accountability .program, as well as the. progress being made with respect to the Office on Youth. Donald T. Robertson, Assistant County AdministratorlOperations, informed Supervisor Clark that the judges began making substantial referrals to the program last week, indicating that they are aware of the program being back on-line and are supportive of the program. Supervisor Clark moved. the Board accept the report. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors .voting against the motion. With respect to Item (F} Board of Zoning Appeals Action List of November 7, 2005, Supervisor Clark advised that insufficient information was contained in the report regarding the variance, and why it is being requested. He requested that additional information be included in future Board agendas. 3 ~,~, , ~~? .. -577 1 Jonathan W. Hartley, Director of Planning and Zoning, advised that the lot located on Thomas Lane is located between the RPA and the front yard setback requirements. He stated a variance was necessary in order to encroach in the front yard in order to move the house out of the fifty (5) foot RPA. Supervisor Clark moved the Board accept the report. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Supervisor Clark reported at the last Hampton Roads Planning District Commission meeting VDOT addressed evacuations during emergencies, which .will remain a topic of concern for all organizations. He further reported that the air quality has improved for the region. Supervisor Wright .reported that twenty-six (26) new federal inmates are anticipated to utilize the Western Tidewater Regional Jail facility. 1 With respect to the VACo Annual .Conference, Chairman Bradshaw reported that he and Supervisor .Wright are continuing to attend the Supervisors' Certification. Program for Board of Supervisors' members, and they attended a one (1) day seminar on mediation of conflicts. Supervisor Wright reported on a seminar he attended at the VACo Annual Conference on drought conditions, and the County's authority relative to the regulation of cable television. Supervisor Clark .advised that .each of the eight (8) Steering Committees develops a legislative package for the upcoming General Assembly session, and has a substantial impact on what legislation is or is not passed by the General Assembly. He stated the Governor and General Assembly members listen to VACo. 1 Supervisor Ivy reported on a seminar he attended regarding an influx of methamphetamines in the Commonwealth of Virginia, emergency preparedness and the efforts taken by the State for communicating information, .and addressing the issue of the incompatibility of communications. // Chairman Bradshaw called for Transportation Matters. 4 ~~~~_ ~3 :-~78 Jonathan W. Hartley, Director of Planning and Zoning, .referred to the list of VDOT responses. to action items from various board meetings through ~ October 20, 2005, as confined in the agenda. He also distributed updates on certain issues up to November 17, 2005. Supervisor Clark requested that the. inaccurate reporting in a local newspaper that the County had requested. a traffic light study on Cedar Grove Lane be corrected. '' MacFarland Neblett, Resident Engineer, VDOT, advised that Mr. Hartley had corresponded by letter. dated June 11, 2004. relaying a request from the Board that there be an investigation into the visibility at the intersection of Route 17 and Cedar Grove Road due to reports of accidents at that, location. He further advised that Mr. Caskey had also relayed a citizen's request for improvements at that intersection, and requested VDOT's recommendation for any improvements, and what transportation safety funds might be available. to address any such work. He stated neither the letter from Mr. Hartley nor Mr. Caskey mentioned a request for a stop light, red light or traffic control device. Following comments from Jerry Paulley, Assistant District Traffic Engineer, VDOT, regarding traffic Lights located on Route. 17, Chairman Bradshaw moved that the Board direct Supervisor Clark to work with staff and VDOT regarding traffic lights on Route 17, and direct Mr. Hartley to develop a map depicting the location and distance between the existing. traffic lights located on Route 17, to include any additional traffic lights that have been approved for the future, for presentation to the Board at its December 1, 2005 meeting. Mr. Hartley was further directed to be prepared to address VDOT's standards for installing traffic lights, i.e., what triggers the installation of a traffic light. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy inquired as to the amount of the bid that was finally awarded .for Foursquare Road. Mr. Hartley advised that the bid received the third time was for $2,861,228.51, and it still exceeded the seven percent (7%) overage of the cost estimate for that project. - Pat Clark of Twin Hill Lane in Carrollton advised that the inaccurate article that was printed in the newspaper with respect to the traffic light at Cedar Grove Road also advised that .one (1) of the traffic lights on Route 17 was privately owned and could not be synchronized with the existing traffic lights. He inquired if the State has the ability to request the owner of the private traffic light to synchronize that light with the exiting traffic lights. Mr, Neblett responded that the traffic light installed by the developer remains in his ownership until the light has been tested for thirty (30) days. 5 am ~~ •~~~ He stated the timing of the light has been coordinated with the one (1) at the main entrance to the Eagle Harbor Subdivision. He advised after thirty (30) days, if there is successful coordination and operation of the traffic light, then VDOT will take ownership. Chairman Bradshaw requested that Mr. Neblett send a statement to the- newspaper correcting any inaccuracies previously printed in the referenced news article. Richard Cassell of King's Cove Lane requested the Board's assistance in having a traff c light at the intersection of King's Cove Way and Route 1 ? installed. He further requested. the .Board's assistance with an additional turn lane, 'and that the turning lane going towards Newport News be extended to accommodate school buses. Supervisor Clark moved that the Board direct Mr. Rogers to request that VDOT review the feasibility of installing cleft-turn lane eastbound on Route 17 toward Newport News, and installing aright-turn lane off of Route 17 onto King's. Cove Way, westbound on Route 17, and consult with the School Board and obtain its endorsement of a left-turn lane. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Michael Uzzell of Central Hill addressed the Board concerning the narrow bridge on Fire Tower Road. Chairman Bradshaw moved the Board direct staff to discuss the safety issues at the bridge on Fire Tower Road with VDOT. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, .Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Grace Keen of 16419 Benn's Church Highway notified the Board that the VDOT Resident Engineer has advised her that planning has begun for the installation of gates at the front of the, James Rive Bridge. She stated additional signs are needed to notify motorists about incidents occurring on the James River Bridge, as well as the need for a double turn lane. at Benn's Church. 1 Harry Cassell, Sr. of King's Cove Way addressed the Board regarding problems occurring from storm water runoff from the Eagle Harbor Subdivision. He stated that he had met with County staff previously, but the problem is still unresolved. // 6 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 Bradby, Bradshaw, Clark, Wright and Ivy voting iri favor of the motion, and no Supervisors voting against the motion. . Chairman. Bradshaw called for a public hearing on the following: The application of .George R. Pulley for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of 19 ~ acres of land located on the south side of Peanut Drive (Rt. 649), east of Beale Place Drive (Rt. 646), in the Carrsville Election District. The purpose. of the application is for three (3) single-family residential lots, as conditioned. .Chairman Bradshaw called for persons to speak in favor, or in opposition to, the application. George Pulley of Peanut Drive in Windsor stated the purpose of the proposed rezoning is to sell the lots to three (3) of his good friends, and each of the homes would consist of more than 2,000 square feet. Thomas Finderson of the Newport District. noted .that the Zoning Ordinance specifies that. unless otherwise approved by the Board of Supervisors, .the first two (2) lots shall be located on private-shared driveways that serve no more than two (2) residences with no frontage on the public roads. He stated in this circumstance, all three (3) lots contain road frontage, contrary to the Zoning .Ordinance. He recommended that at least two (2) of the proposed lots have private-shared driveways. He stated with respect to Mr. Pulley's proffers that the lots would not be re~subdivided, even through family-member transfers. He recommends that there be some sort of proffer for the residual so that the residual can not be subdivided in the future. He stated that Mr. Pulley's verbal advisement that each of the .three (3) lots will contain a 2,000 square foot home is not contained in his proffer letter, nor does he proffer no mobile homes.. He stated there is also- close proximity to an agricultural district as a portion of Peanut Road is located in the Courthouse Agricultural District. He noted that the proposed lots are also remote from fire and rescue. Pat Clark of Twin Hill Lane in Carrollton stated with respect to the Comprehensive Plan and Zoning Ordinance, the three (3) homes per the nineteen (19) acres are not in keeping with the sliding scale and. clustering approach. He inquired if nineteen (19) acres are committed to the proposed three (3) homes with the remainder .being left in .open space, does it prevent development from occurring. in the future once the total process is used to arrive at these three (3) homes for the nineteen (19) acres. 7 1 1 1 Jane March of Zuni distributed a letter for the record pertaining to the Pu(ley and Dixon rezoning requests. She stated the Planning Commission did not express clearly its reason for supporting the two (2) applications which are located outside development service districts, which are areas that the Board wishes growth to be directed. She noted the applications under consideration are located in RAC districts where housing is discouraged. She referred to the County's Comprehensive Plan which states conflicts between farming and rural non-farming development .should be minimized, and referred to a new brochure developed by County staff that warns new citizens that they are moving into a rural county. She stated that the proposed lots border a working farm, and residential development and density in the ru~l agricultural conservation district should be minimized to avoid future conflicts between farming activities and aural homes. She stated- that rural subdivisions are being created through individual rezonings over time, which is in violation of the County's growth and management plan. She stated that the tendency is for new development to be stripped along the roadway, and the farmstead cluster should be encouraged. She stated. that the owners have retained the right to further subdivide the. remaining farmland in the future, as there is no proffer of no family transfer on the remaining farm in the future. She mentioned. that mail and paper carriers, school buses and service vehicles will be adding additional traffic on rural narrow roads. She stated that new residential development should be steered to .locations where adequate public infrastructure, such as roads, sewer, water, schools, and related facilities are available or .can be provided most efficiently and cost effectively. She encouraged the Board to discourage .strip development along County roads and highways for both traffic safety and esthetic reasons. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark requested that Mr. Hartley address the issue of the sliding -scale options, and how the residue. is tracked. Mr. Hartley replied that the rezoning of the above requested three (3) lots becomes a flag for any further subdivision of the property. He stated that what is proposed is the maximum number of lots under the sliding scale system that this property owner is allowed. He stated there can not be any further subdivision of this property under the current .Ordinance,. with the exception of family member transfers, which he has proffered not to do on the lots being created, but there is no such proffer on the remaining ninety three (93) acres. Chairman Bradshaw inquired if mobile homes could be located on the II lots. Mr. Hartley replied that singlewide mobile homes are not allowed in the RR District; however, doublewide mobile homes .are allowed. G 8 _ A Chairman Bradshaw recommended. that staff, in the future, suggest that future applicants proffer in writing no double-wide mobile homes in the RR District.. ~ Supervisor Clark moved the Board approve the application of George R. Pulley, as conditioned. The motion was adopted by a vote of (5-0} with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors. voting against the motion. A County Attorney Stroman reminded the Board that the application of Drew F. and Carole R. Dixon was removed from the agenda under Approval of the Agenda due to an error in advertisement not due to the fault of staff or the applicant. He stated the application will be re-advertised at the .newspaper's expense. Chairman Bradshaw called for a public hearing on the .following: The application of Comet Road Properties, LLC for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of 30 acres, and to Conditional- Rural Agricultural Conservation (C-RAC) of approximately 97 acres of land located on the east side of Comet Road (Rt. 652/681) south of Stallings Creek Drive (Rt. 680/681) in the Hardy Election District. The purpose of the application is for 3single-family residential lots, as conditioned. County Attorney Stroman verified that the application was properly advertised. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed application. William Riddick, attorney for the applicant, stated the proposed application restricts the subdivision of property to no more than three (3) lots, with an eighty-five (85) acre residue. He stated the applicant is proffering full-cash proffers, and the applicant has submitted an amended proffer since the. Planning Commission meeting that the lots will not be further subdivided, to include family-member subdivisions. He stated the residue parcel may not be further subdivided except for one (1) family-member subdivision He 1 stated mobile homes will not be permitted on the lots, and the homes will be a minimum of 1,800 square feet. John Graham of 113 Jericho Road requested that the Board approve the application. Thomas Finderson of the Newport. District made .reference to the .proposed three (3) separate driveways. He inquired if there were six (6) proposed lots, would there also be six (6) driveways. He stated it appears to 9 .....= him that it is a return to rural sprawl, and while he is not opposed to the application,.his concern is with the general policy of the County. Chairman Bradshaw .closed the public hearing and called for comments from the Board... Supervisor Clark moved the Board approve the application of Comet Road Properties, LLC, as proffered. The motion was adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and. no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the follov0irig application: The application of Comet Road Properties, LLC for a change in zoning classification ..from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of 30 acres, and to Conditional- Rural Agricultural Conservation (C-RAC) of approximately 84 acres of land located on the west side of Comet Road (Rt. 652/681) between Stallings Creek Drive (Rt. 680/681) and Raynor Road (Rt. 681) in the Hardy Election District. The purpose of the application is for 3 single- family residential lots, as conditioned. 1 County Attorney Stroman verified that the application was properly advertised. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed application. William Riddick, attorney representing the applicant, advised that the applicant has offered a full cash proffer for the house, which is an existing residence, as well as no further subdivision on the remaining residue except for one (1)family-member exception. John Graham of 113 Jericho Road requested that the Board approve the application. Shannon Ferguson of Mill Swamp Road requested .the Board. to approve the application so that she can proceed with the purchase of the property and- restoration of the home. Chairman Bradshaw closed the public hearing and called for comments from the Board. fl Supervisor Bradby moved the Board approve the application of Comet Road Properties, LLC,. as proffered. The motion was adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, Clark, Wright and. Ivy voting in favor of the motion,. and no Supervisors voting against the motion. ~~ 10 . 904 2~J -.~ *~'C74 Chairman Bradshaw called for a public hearing on the following: Amendment of Lease Agreement for Proposed Renewal of Johnson Farm Lease County Attorney Stroman verified that the public hearing had been properly advertised. Chairman Bradshaw called for persons to speak 'in favor of, or in opposition. to, the proposed lease. No one appeared. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board approve the amended lease agreement forthe proposed renewal of the Johnson. Farm lease. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following .Ordinance: An .Ordinance to Amend Chapter 5, Elections, Article III, Precincts, Section 5-11(d)(1); Moving of Smithfield Precinct Polling Place from Isle of Wight County. YMCA to Smithfield Center. .County Attorney Stroman verified that the public hearing had been properly advertised. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed Ordinance. William Bell, Secretary of the Electoral Board, requested .that the. Board adopt the Ordinance.. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 5, ELECTIONS, ARTICLE III, PRECINCTS, SECTION 5-11(d)(1) i~ 1 1 11 1 WHEREAS, the Isle of Wight County Electoral Board has reported that the Smithfield Precinct polling place currently. located in the Isle of Wight County YMCA .has inadequate temperature control, resulting in uncomfortable conditions for voters and poll workers; and WHEREAS, the Town of Smithfield has agreed to the relocation of the Smithfield Precinct polling place to the Smithfield Center. at no cost to the County; and WHEREAS, the Board of Supervisors of Isle of Wight County wishes to change the Smithfield Precinct polling place to improve conditions for poll :workers and voters; ' NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 5, Elections, Article III, Precincts, be amended as follows: Sec.S-11 Enumerated. The precincts for each election district and the polling place for each precinct shall be as set forth below: 1 (d) Smithfield election district (1) Smithfield precinct: Polling place -Smithfield Center. r This ordinance shall be effective upon approval by the Voting Rights Section of the Department of Justice. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor Clark moved the Board take a ten (10) minute break. before returning to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, .Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the Board to continue with Transportation Matters. 12 9o~K 2`~ : .~iRF~ Richard Cassell, Jr. of 23261 Vellines Lane addressed the Boazd with respect to flooding along Vellines Lane which is a result of the development ~ of the Eagle Harbor Subdivision. Mr. Neblett advised .that the County's secondary road system is designed to withstand a ten (10) year rain event. He recalled that the rain that occurred on October 8, 2005 brought six (6) to eight (8) inches, and is more akin to a twenty (20) year storm, which produced .flooding all over .the ,~ County, as well. as the City of Suffolk. Mr. Cassell stated running two (2) pipes under Route 17 would alleviate the problem. Mr. Neblett. offered to have the appropriate VDOT personnel review the matter.. Chairman Bradshaw moved the Board direct .staff to contact VDOT regarding Mr. Cassell's concerns on Vellines Lane, and that VDOT send a report back to the Board on how it intends to respond to the noted concerns. The motion was .adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, .and no Supervisors voting againsf the. motion. Thomas Finderson of Sugar Hill Road advised that he had warnedthe Board back in 1999 when the Eagle Harbor Subdivision was being considered by the Board that this area would flood. He stated he further warned. the Board when it was considering the Carrollton Public Library that. land would also flood. He stated currently there is flooding at the Carrollton Meadows Subdivision, and there is another subdivision in that area that will be built soon.. He mentioned that the soil scientists for the Lawnes Creek. Subdivision had inaccurately advised that those lots would perk, and the lots did not perk.. He requested the Board to think about the fact that the experts sometimes overstate their positions. // Chairman Bradshaw called for Citizen's Comments. Charles Arinello of Post 8545, Veterans of Foreign Wars, notified the Board that. without the VFW obtaining either complete access or .near complete access of the old building formerly utilized by The Real Smithfield Jaycees, this building will not support the VFW's program. Should the Board decide to re-examine its position on the use of the facility, that the Board keep the VFW in mind as a proposed occupant. He requested that should a building become available in the Town of Smithfield that could support the VFW's program, that the Board consider the VFW's request for occupancy. 13 .Grace Keen of 16419 Benn's Church. Boulevard congratulated Supervisor Bradby for his recent receipt of the Jefferson Cup. She reiterated her request for additional police protection in the Carrollton area, and the need for a precinct in that district, as well as a referendum for a police ' department. She requested that a meeting date be set between Sheriff Phelps and the Citizens Association so that a solution can be found for increased police. protection for Carrollton residents. She invited the Board to attend the Association's annual Christmas party set for December 17, 2005 at 6:00 p.m. at her home. Thomas Finderson advised that Chesapeake Emergency Management and Mayor Oberndorf addressed emergency management and new evacuation plans in response from Hurricane Katrina. relative to the Tidewater area on a program which aired this morning on television. He requested that the Board consider the. development of an ordinance that new gas stations, or those subject to major renovations, be required to have the means to pump gas during the event of an emergency. 1 Supervisor Clark moved the Board direct staff, in conjunction with the County Attorney, to discuss the feasibility of developing an ordinance to require that new gas stations, or those subject to major renovations, have the means to pump gas during the event of an emergency. Legal counsel is to research whether or not the County can force an owner to remain open during emergencies. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Michael Huffman of the Hardy District referred to concerns raised at a previous meeting with respect to the County's administrative management. He again requested. that the Board review the records of the management. He noted the County needs a new approach to be competitive, and new light industry and other non-polluting-type jobs are needed for incoming residents. He noted aneed-for fresh leadership in order to find a solution to increased school and Sheriff's Office needs. Teresa Johnson of Carrollton addressed health care in the County and requested that the. Board include in its legislative package the need to remove the requirement for the state certificate of need for healthcare centers. fl Supervisor Clark moved that the Board direct staff to develop. and forward to VACo a Position Statement, and that it be included in the County's legislative package. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting. in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Attorney's report. 14 County Attorney Stroman stated the Board earlier added to the Closed Meeting a provision for legal .advice with respect to questions raised r regarding subdivision plat of Norsworthy Subdivision, and he would recommend that the Board amend its agenda in order to take up Items (D) and (E) after the Closed Meeting. Supervisor Clark moved that the Board amend its agenda and consider Item (D), Preliminary Subdivision Plat of Norsworthy Subdivision, property of Francis P. Norsworthy, Jr., and Rebecca M. Norsworthy, Brewers .Neck Boulevard (Route 32/258), Newport Magisterial District, and Item (E), Water Quality Impact Assessment of Preliminary Subdivision Plat of Norsworthy Subdivision, included in the Community Development Report, following. the Board's Closed Meeting, under Item 16. The motion was adopted by a vote of {5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman advised that the High Growth Coalition met at the annual VACo. Conference, and was. attended by :Supervisors Clark and Ivy. .i Chairman Bradshaw reported that the Governor-Elect is holding town hall meetings state-wide, and the Hampton Roads region's is Monday, November 21, 2005, at 6:30 p.m. in Newport News. He encouraged all citizens. to attend. County Attorney Stroman stated he has reviewed and approved as to farm the contract. between the County and K. K. Poore and Associates with respect to the Community Improvement Grant for the Booker T. Estates Comprehensive .Community Development, and he recommends that. the Board authorize the Chairman to execute the Agreement on behalf of the Board. Supervisor Wright moved the Board authorize the Chairman to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and .Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented the Policy for Use of the Isle of Wight County Seal which includes the recommendations of staff and legal counsel. Supervisor Wright moved the Board adopt the following Resolution: RESOLUTION ESTABLISHING A POLICY FOR THE USE OF THE ISLE OF WIGHT COUNTY SEAL 1 1 1 15 aa~K 23 ::~r5~~3 LJ WHEREAS, the County of Isle of Wight, Virginia, wishes to obtain registered copyright and service mark protection for the County seal through registration with the United States Library of Congress and/or State Corporation Commission of the Commonwealth of Virginia; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, considers that, in some cases, the display of the County seal by other organizations or persons may be beneficial to the County, and therefore desires to permit the use of the County seal by organizations or persons not a part of the County government; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia further desires that no use of the County seal should be made in any way that is detrimental to the County, or that tends to dilute either the copyright or service. mark such that the County seal. no longer serve their desired purposes; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia hereby directs the County Attorney to submit any and all information. required to properly register the Isle of Wight County seal for copyright andlor service mark protection. 1 BE IT FURTHER RESOLVED that upon obtaining such copyright and/or service mark protections for the Isle of Wight County seal, the following use policy shall become effective: Use of County Seal Policy Section 1. Intent/Purpose. .The Board of Supervisors of Isle of Wight County, having obtained registered copyright and/or service mark protections for the County seal, believes it may be appropriate and useful to allow certain organizations or persons to use the seal under certain limited situations. It is, therefore, the Board of Supervisors' intent to allow such use of the County seal by parties not affiliated with County government all in accordance with the requirements set forth. in this policy. Section 2. General. The County Administrator is authorized to issue limited licenses for the use of the County seal, subject to the terms. and conditions set forth in this policy. Section 3. License Application Process. ,~ 16 1. No person shall be granted a license .unless ;and until a license application, as .developed and changed from time to time, has been ~ submitted and approved by the County Administrator or his designee. 2. Such a license application shall contain, at a minimum, the following information: (a}The name of the person or organization seeking the license; (b)The purpose for which the County seal is to be used; and (c)Renditions of how the County seal will be presented. 3. A license shall .only be granted if the County Administrator or his designee determines that: (a)No commercial use of the seal will be made; (b)That the proposed use of the seal will not present the County. in an unfavorable light, nor in any manner deemed likely to be offensive to a significant portion of the population; (c)That the seal will tend to create positive publicity for the County; and (d)That the use of the seal is not likely to create the perception of official County action or endorsement of any private, political or commercial undertaking. 4. The granting of a license hereunder shall be memorialized in the form of an agreement, signed by the County Administrator or his designee, and by the applicant or the applicant's authorized. agent, containing, at a minimum, the following provisions: (a)The applicant shall agree that no use of the seal shall be made by the applicant except as set forth in the application, and. that any other use of the licensed seal shall constitute a breach of the agreement, and infringement of the copyright or service mark; (b)The applicant shall agree that infringement of the copyright or service mark or other .violation of the agreement shall cause irreparable damage to the County such that injunctive relief shall be proper; (c)The applicant shall agree that, in the event the seal is placed on any tangible goods or fixtures in a manner not licensed by the County, the County shall .have the right to take possession of such goods or fixtures pending the conclusion of any litigation related to such use; and (d)The applicant shall agree that any presentation of the seal shall be accompanied, as applicable, by the appropriate designation indicating copyright or service mark protection. Section 4. Application Fee. ,. 17 eoeK 23 ; , . ~~~1 There .shall be an application fee for each license granted of Fifty Dollars ($50.00) to defray the costs of processing the application. [l BE IT FURTHER RESOLVED, that the County Attorney is hereby directed, to take such action as may be necessary to prevent the unlicensed use of the County seal. 0 The motion was .adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting. in favor of the motion, and no Supervisors voting against the motion. ~ . County Attorney Stroman reminded the Board that he had removed the Revised Codes Enforcement Policy under Approval of the Agenda earlier in the meeting per the request of staff. County Attorney Stroman noted that the remainder of his items would be discussed with the Board during the Closed Meeting. // Chairman Bradshaw called for the Community Development Report. 1 Mr. Hartley presented the Sawco Self Storage Expansion, Highway Corridor Overlay District, Site Plan Review, Mini Warehouse, Carrollton Boulevard, Newport Magisterial District Tax Parcel Number 34-O1-OSOB, which staff's recommends the Board approve. Supervisor Clark moved the Board approve the site. plan.. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley presented .the Carrollton Cove Shoppes, Highway Corridor Overlay District, Site Plan Review, Tax Parcel Number 34-07-000B & OOOC, which reflects the cross-over as discussed previously by the Board. He stated included in the .Board's agenda is .the rendering which was approved by the Board earlier this year. He stated staff has determined that the plan review aspects do comply. He stated that Mr. Cohen has submitted in writing the removal of the left-turn lane; install no u-turn; install authorized use only; provide the Carrollton Volunteer Fire Department with a fire hydrant; and, provide access to the Carrollton .Volunteer Fire Department across Mr. Cohen's property. Supervisor Clark inquired about the property that the Carrollton. Volunteer Fire Department is utilizing with regard to a shed. 18 Mr. Hartley advised that he had discussed the triangle of land with Mr. Cohen, but he has not included this piece of land in .any of his development ~ plans. He stated that the Planning Commission did recommend approval of the plat unanimously. ' Supervisor Clark moved the Board amend the agenda to make the Carrollton Cove Shoppes, Highway Corridor Overlay .District, Site Plan. Review, Tax Parcel Number 34-07-000B & OOOC Item (C) under Item 16 in order for him to address his concerns with the applicant. ~ The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. (Supervisor Clark subsequently moved, which was adopted by unanimous vote of the Board, that this item be moved from Item (C)' under Item 16 following New Business.) Mr. Hartley presented the St. Luke's Village Water Quality Impact Assessment (WQIA) for the Board's consideration. Chairman Bradshaw inquired how the BMPs were addressed by staff. Mr. Hartley replied that the BMPs will be designed later during the development plan process. He stated proffers have already been offered with respect to the maintenance of the BMPs. ..Supervisor Wright inquired if a land surveyor is .authorized sign a hydraulic report in the state of Virginia.. J. J. Alphonzo, land surveyor, advised that he carries a License 3A and 3B under the Commonwealth of Virginia, and is authorized to sign the this type of report. Supervisor Clark moved that the Board approve the Water Quality Impact Assessment for St. Luke's .Village. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors. voting. against the. motion. The Preliminary Subdivision Plat of Norsworthy Subdivision, property of Francis. P. Norsworthy, Jr., and Rebecca M. Norsworthy, Brewers Neck Boulevard (Route 32/258), Newport Magisterial District was moved to Item 16, following the Closed Meeting, by Supervisor Clark under the .County Attorney's Report. The Water Quality Impact Assessment of Preliminary Subdivision Plat of Norsworthy Subdivision was moved to Item 16, following the Closed Meeting, by Supervisor Clark under the County Attorney's Report. // 1 1 1 19 BooK 23 :~.~~~3 Chairman Bradshaw called for the County Administrator's report. 1 1 Renee Rountree, Vice-President/Administrator for Riverside Rehabilitation Institute, advised that the fixed cat scan unit and the mobile MRI units have been approved at the State level, and will be coming to the County. She stated rezoning requests will be filed with the County in the near future, and Riverside intends to purchase the twenty (20) acre parcel at Benn's Grant. She advised that plans for the development will be presented Monday, November 21, 2005 at the Benns United Methodist Church, and representatives from Riverside will be present. She stated Riverside intends to re-file the surgery component of the facility, although it was denied previously. She stated Riverside currently has a location with a generator at the Smithfield Convalescent Center, and will be considering a generator at the Benn's Grant facility, as well, to assist with the County's emergency planning needs. She advised that the Benn's Grant facility will have extended and urgent care hours capability upon its opening. Walt Hunter, Director of Finance, Southeastern Public Service Authority, presented Resolution of the Board of Supervisors of Isle of Wight County Approving the Reissuance by the Southeastern Public Service Authority of Virginia of Certain Senior Revenue Bonds Issued in 1993, 1998 and 2004, A Portion of the Proceeds of Bonds Refunded by Which were Used to Finance or Refinance Facilities Located in Isle of Wight County for the Board's consideration. Supervisor Wright moved the Board adopt the following Resolution, upon the County Attorney's review: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY APPROVING THE REISSUANCE BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA OF CERTAIN SENIOR REVENUE BONDS ISSUED IN 1993, 1998 AND 2004, A PORTION OF THE PROCEEDS OF BONDS REFUNDED BY WHICH WERE USED TO FINANCE OR REFINANCE FACILITIES LOCATED IN ISLE OF WIGHT COUNTY 1 WHEREAS, the Southeastern Public Service Authority of Virginia (the "Authority") will be deemed as a matter of Federal income tax law to "reissue" certain Senior Revenue Bonds issued in 1993, 1998 and 2004, namely its Senior Revenue Refunding Bonds, Series 1993A (Regional Solid Waste System) issued on November 18, 1993 in the principal amount of $147,250,000 and .currently outstanding in the principal amount of $58,050,000, its Senior Revenue Refunding Bonds, Series 1998 (Regional Solid. Waste System) issued on April 23, 1998 in the principal amount of $33,535,000 and currently outstanding in the principal amount of $33,535.,00.0 and its Senior Revenue Refunding Bonds, Series 2004A Tax- Exempt (Regional Solid Waste System) issued on June 30, 2004 in the principal amount of $39,390,000 and currently outstanding in the principal 20 BOQN ~~ ...~~'~ amount of $39,390,000 (collectively, the "Tax-Exempt Bonds"), which bonds refunded bonds that financed :or refinanced the following facilities, all or a portion of which are or were located within Isle of Wight County (the "County"): the Isle of Wight Transfer Station located at 13191 .Four Square Road, Smithfield, Va.; and the funding of certain capital improvements to .any or all of the facilities at the locations described. herein which comprises .the System, together with. vehicles, rolling stock, .equipment: and other functionally related and subordinate items (the "Tax-Exempt Improvements"); r WHEREAS, under the Internal Revenue Code of 1986, as amended (the "Code"), prior to the re-issuance of the Tax-Exempt Bonds, the Authority must hold a public hearing and receive governmental approval of the issuance of the Tax-Exempt Bonds;. WHEREAS, such governmental approval can, by virtue of the location of certain of the Tax-Exempt Improvements within the County, be given as to such improvements by the County; WHEREAS, Section 15.2-4906 of the Code of .Virginia, 1950, as amended (the "Local Approval Provision"), requires that, if certain authorities created pursuant to law in Virginia- hold a public hearing in accordance with federal law as a prerequisite to undertaking atax-exempt financing, such authorities must receive approval for the financing. from the governing bodies of the localities in which the improvements to be financed are to be located; WHEREAS, the Authority is an authority subject to the Local Approval Provision; WHEREAS, on November 14, 2005, the Authority held a public hearing (the "Hearing") regarding the re-issuance of the Tax-Exempt Bonds pursuant to a notice of public .hearing published twice on October 31, 2005 and November 7, 2005,. the last such date being not less than six days after the second publication of such notice; WHEREAS, the Authority has provided to the Board of Supervisors the following: (i) a reasonably detailed summary of the comments, if any, expressed at the Hearing; (ii) a fiscal impact statement concerning the Tax- .Exempt Bonds in the form specified in Section 15.2-4907. of the Code of .Virginia; and (iii) the Authority's request and recommendation that the Board of Supervisors approve the re-.issuance. of the Tax-Exempt Bonds; and WHEREAS, the Board. of Supervisors has determined to approve the re- issuance of the Tax-Exempt Bonds; now, therefore, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County as follows: 21 9ooK 23 ~..: Section 1. The Board of Supervisors hereby approves the re-issuance by the Authority of the Tax-Exempt Bonds. Section 2. This Resolution shall take effect immediately. ' i~ The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' presented a request from the Blackwater Regional Library for additional funding. He stated staff's recommendation is that the Board direct staff to correspond with the Blackwater Regional Library Director that a response to the request will be forthcoming once the Library submits the previous information requested by the Board in January, 2005. Supervisor. Clark moved the Board direct staff to correspond. with the Regional Blackwater Library Director that a response to the funding. request will be provided once the anticipated January correspondence has been received and reviewed by the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Caskey presented a proposed amendment to the space allocation plan. He stated staff's recommendation is to authorize a .relocation of the Information Technology .Department to the "old" school administration building, upon its availability, and the preparation of the needed lease amendments for the subsequent provision of the existing Information Technology Department space to the Department of .Social Services. Supervisor Clark moved the Board authorize the relocation of the Information Technology Department to the "old" School Administration Building once available, and the preparation of the needed lease amendments for the subsequent provision of the existing .Information Technology Department space to the Department of Social Services. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and .Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Casket' noted in anticipation. of the Board's Retreat, included. in the agenda is correspondence forwarded to the various agencies and the County's legislative representatives in an attempt to generate. interest. in support of state funding for the construction of a Social Services building and/or public health facility. He reminded the. Board that information pertaining to the matter has been included- in the Board's legislative package-over the last several years. 22 .County Administrator Caskey noted that the Board's Annual Retreat is scheduled for December 2-3, 2005 at the Workforce Development .Center at .the Paul D. Camp Community College in Franklin. He noted that a draft r agenda for the Board's .consideration was .distributed by Assistant County Administrator Robertson. Supervisor Bradby requested that a copy of the agenda. also be provided to incoming Supervisor Brown. Chairman Bradshaw directed staff to develop a chart for every County department that depicts ongoing projects already approved by the Board, and how much time and resources it will take to do these projects throughout the year, i.e., include the number of people in each department, and the number of resources dedicated and committed, so that the Board will have a general idea of what it has committed staff s time to relative to the upcoming year. IJ Chairman Bradshaw called for Appointments. ~ Chairman Bradshaw moved the Board appoint Pat Clark, replacing Denise N. Tynes, on the Western Tidewater Community Services Board. The motion was adopted by. a vote of (5-0) with .Supervisors Bradby, Bradshaw, Clark, Wright: and Ivy voting. in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradby moved the Board appoint Kimberly Graham, replacing Bobby Zepp, on the Events Committee. The motion was adopted by a vote of (5-0) with .Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board appoint Billy Fay Rose to serve on the Boykin's Tavern Advisory Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion; and no Supervisors voting against the motion.. Supervisor Ivy moved the Board appoint Frances Harris to serve on the Board of Assessors. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. Chairman Bradshaw relayed to the .Board and staff Bethany Presbyterian Church's past challenges with the County's process to replace an on-site sign. 23 eooN 23 - ~. ~~7 1 Chairman Bradshaw moved the Board direct staff to review the Zoning Ordinance with respect to on-site. signs, and develop language to make the Ordinance more compatible with off-site signs (grandfathered) for religious ' and civic organizations. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. With respect to Charter. Communications' franchise tax and the letter received in regard to a change in fees, Chairman Bradshaw moved the Board direct County Attorney Stroman to review the franchise agreement dealing- with the rate structure and the ability of the County to regulate the base rate package, and advise the Board at its December 1, 2005 meeting with respect to what the County can and can not do in this .regard. The motion was adopted by a vote of (4-0-1) with Supervisors Bradby, Bradshaw, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. 1 Patrick J. Small, Director of Economic Development, reported that Jonathan W. Hartley,. Director of Planning and Zoning, Chairman Bradshaw and he had met with two (2) local representatives of the Commonwealth Transportation Board relative to the Route 460 Realignment .Study, and stating the. County's preference far CBA #l, and also stating that the .County's concerns .are surrounding those residential units and the County's Agricultural Forestal Districts. He advised that the local Commonwealth Transportation Board members have pledged to insert language into a resolution addressing the County's concerns, and today the Commonwealth Transportation Board has endorsed and adopted the CBA # 1 alignment, which is the alignment south of the Town of .Windsor. He noted that included in the Resolution in two (2) separate places is language which references that VDOT must work with the County to address its. concerns of -its citizens and its farm communities. He stated VDOT will soon be requesting proposals from the private sector, and he would encourage staff and other localities in the -area to continue to discuss the matter with the legislators to fund the project. Chairman Bradshaw advised that he is in the process of setting up a regional informational meeting between the Virginia .Department of Transportation officials, Commonwealth Transportation Board members, General Assembly delegation and local officials regarding the proposed U.S. Route 460 re-alignment from Suffolk to Petersburg. Supervisor Clark moved the Board direct Mr. Small to draft thank-you letters for the Chairman's signature to the County's two (2) Commonwealth Transportation Board members for their support in drafting the Resolution. The motion was adopted by a vote of (4-0- I) with Supervisors Bradby, Bradshaw, Clark and Ivy voting in favor of the motion; no .Supervisors 24 An~x 2.1, p ~,~;~u voting against the motion; and, Supervisor Wright abstaining from discussion orvoting noting a conflict of interest. ~ Chairman Bradshaw requested that staff be prepared to present the County's position at the proposed regional meeting, and that staff invite the County's General Assembly members to attend. Supervisor Clark made. reference to the letter received from William E. Laine, Clerk of Circuit Court, regarding the funding _of positions by the Commonwealth of Virginia. Supervisor Clark moved the Board direct the .County Administrator to draft a letter to the Compensation Board for the signature of the Chairman. advising that. the County will. not be picking up that position at this time, and that the reason the County funded this position in the past was because of the .dedication, service, and commitment demonstrated by the Clerk of Circuit Court and his staff, and that the County did not fund the. position to relieve the Compensation Board of its responsibility, and that the County does not appreciate the Compensation Board sending unfunded mandates to .the County. Copies of the letter should be sent to Senators Quayle and Lucus and. Delegate Barlow and IIelegate-elect Tyler. The. motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion.. // Chairman Bradshaw called for New Business. Supervisor Wright expressed his discontent with the lack of removal of signs following elections. ..Supervisor Wright moved the Board direct County Attorney Stroman to review the possibility of fining. the responsible persons for leaving political signs for longer than a 24-hour period following an election, and review the state Constitution of Virginia to determine what the County is able to do with respect to signs that are .left in the. County following an election. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a request from the Southside Chapter of the Hampton Roads Mayors and. Chairs Caucus with respect to the issue of homelessness. Supervisor Wright moved that the Board authorize the .Chairman to sign the letter with respect to homelessness in Hampton Roads. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, 25 99nr 2.1 •'. • 5~3~ Wright and Ivy voting in favor of the motion, and. no Supervisors voting against the motion. // Supervisor Clark moved that. the Board take the matter of the Carrollton Cove Shoppes, Highway Corridor Overlay District, Site Plan Review,. Tax Parcel Number 34-07-000b & OOOc up before the Closed ` Meeting. .The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. . Supervisor Clark moved the Board .approve the .Carrollton Cove Shoppes, Highway Corridor Overlay District, Site Plan Review, Tax Parcel Number 34-07-000b & OOOc, subject to donation of the triangular shaped parcel indicated on the exhibit presented to the Board of Supervisors on November 17, 2005. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. I/ 1 1 County Attorney Stroman requested a Closed Meeting pursuant to ,Section 2.2-3711.A.7 to discuss legal issues related to annexation; pursuant to Section 2.2-3711.A.7 to receive legal advice concerning the .payment of proffers by the Town of Smithfield; pursuant to Sections 2.2-3711.A.3 and A.6 concerning two (2) matters relating to the acquisition of real property for a public purpose; pursuant to Section 2.2-3711.A.1 to discuss a personnel matter; pursuant to Section 2.2-3711.A.7 to receive .legal advice regarding East-West's pending lawsuit against the County; pursuant to Section 2.2- 3711.A.7 to receive a report concerning actual litigation pursuant to a codes compliance violation; pursuant to Sections 2.2-3711.A.3 and A.5 concerning two (2) matters related to the acquisition of public property for a public purpose and economic development where there has been no prior announcement; pursuant to Section 2.2-3711.A.7 to receive legal advice relating to the .pending subdivision plat for the Norsworthy Subdivision; pursuant to Section 2:2-37I 1.A.1 concerning three (3) personnel items;. and, pursuant to Section 2.2-3711.A.7 to receive legal advice concerning the Conflict of Interest Act. Supervisor Wright moved the Board enter the Closed Meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, 26 eooa 23 -F~;(? Wright and Ivy voting in favor of the motion, and no Supervisors voting.. against .the motion. ~ Supervisor Wright 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; 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: Bradby, Bradshaw, Clark, Wright and Ivy NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ~~ .Supervisor Wright moved the Board extend the time of the Board meeting past 11:00 p.m. The motion was adopted. by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy .voting in favor of the motion, and. no Supervisors voting against the motion. Supervisor Clarkmoved the Board return to the Closed Meeting.: The motion was adopted by a vote of (5-0) with Supervisors Bradby,. Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark .moved the Board return to open session. The motion was adopted by a-vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 27 90~K 2~ .. ~~)~ Supervisor Wright moved the Board adopt the following Resolution: 1 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, r WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies -that, to the best of each member's knowledge, (i) only .public business matters. lawfully exempted from open meeting requirements by .Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE 1 AYES: Bradby, Bradshaw, Clark, Wright and Ivy NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Bradshaw called for discussion on the preliminary subdivision plat of Norsworthy Subdivision, property of Francis P. Norsworthy, Jr., and Rebecca M. Norsworthy, Brewers Neck Boulevard (Route 32/258),. Newport Magisterial District. (Previously Item (C) under the Community Development Report, and moved to Item 15, following the Closed Meeting, by Supervisor Clark under the County Attorney's Report.) i~ Supervisor Clark moved the Board approve the plat of Norsworthy Subdivision. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no .Supervisors voting against the motion. Chairman Bradshaw called for discussion.on the. Water Quality Impact Assessment of Preliminary Subdivision Plat of Norsworthy Subdivision: (Previously Item (D) under the Community Development Report, and. moved to Item 15, following the Closed Meeting, by Supervisor Clark under the County Attorney's Report.) 28 PAnr ~~ ~i)~ Supervisor Clark moved the Board approve the Water Quality Impact Assessment of Preliminary Subdivision Plat of Norsworthy Subdivision. The ~ motion ,was adopted by a dote of (5-0) with Supervisors Bradby, .Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board approve the compensation for administrative, as discussed during the Closed Meeting. The motion was '' adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. U Supervisor Bradby moved the Board. adjourn at 11:05 p.m. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. ' ip A. Bradshaw, Chairman