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05-18-2006 Regular Meeting s®~~ 24 r~~~ fi8 REGULAR MEETING OF THE ISLE OF WIGHT .COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF MAY IN THE YEAR TWO THOUSAND: AND SIX PRESENT: Thomas J. Wright, .III,. Chairman Stan D. Clark, Vice-Chairman .James B. Brown, Jr. Thomas R: Ivy Phillip A. Bradshaw , Also Attending: Jacob`P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator E. Wayne. Rountree, P.E., Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. l/ Supervisor Brown delivered the invocation. // The Pledge of Allegiance was conducted. // .Chairman. Wright recognized Clint Bryant from the Town of Windsor. Chairman .Wright called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Under Appointments, add a new item concerning an appointment to the Western Tidewater Continuum of Care Council (WTCCC); under Old Business, add a new item concerning a proposal to repeal the Emergency Ordinance Banning Outdoor. Burning; under Public Hearings,, postpone Item.. {A), at the request of the applicant to"the Board's June l 5, 2006. meeting with .the. cost of the re-advertisement to be paid by the applicant; under Public Hearings, postpone item (E), the application of Elisha Junious Stokes, per the request of the applicant to the Board's June 15 2006 meeting with the cost of re-advertisement to be paid by the applicant; under the Closed Meeting, add four (4).additional items for a total of eight (8) matters; under OId Business, add a matter concerning the non-attainment. area requirements; and, under Old Business, add a, matter concerning a proposed borrow pit tax. I 1 I~ 1 BDOK 24 rah' 69 Supervisor Brown moved that the Board. approve the .agenda, as amended. The motion.. was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for Special Presentations. Rex Williams, Sheriffs Homeland Security Committee, briefed -the Board relative to a proposed evacuation plan for the County in the event. of an emergency. He stated :major control points in the County were addressed to keep non-resident traffic flowing on Routes 17 and 258, Benn's Church, - Route 10 Bypass, and Route 258: south to where Route 10 crosses Route 258. He stated County residents in need of evacuation. would utilize. local roads out of the various areas of the County that feed into the major other evacuation routes with all other traffic. He advised that he intends to .request that VDOT fund the cost of thirty-six (36) temporary signs .for utilization- along evacuation routes. in the County. He stated. that.. tow trucks- could be utilized to remove stalled cars along County roadways; however, a plan still needs to be formulated to transport motorists from these stalled cars to emergency shelters. He offered the draft plan for the Board's consideration, for finalization prior to public distribution. He further offered to present the finalized plan to the Counties of Surry and 'Southampton following its .approval by this Board. Chairman Wright suggested that the evacuation plan include the need for people to reserve hotel rooms which are located outside of the disaster area well in advance. Supervisor Ivy. requested that the evacuation plan address haw many of .the 96 personnel would consist of uniformed officers and how many would be volunteers, as welt as a procedure for getting these individuals into place..: Supervisor Brown recommended that the evacuation plan include a procedure for mobilizing farmers' tractors and saws for the removal of debris on County roadways. ..Supervisor Bradshaw noted .that the map utilized by Mr. Williams is not current and that motorists should use Route 258 south to Route 58 instead of Route 58 Business West. Supervisor. Clark advised Mr. Williams that there is an existing group of individuals already meeting that consists of County staff, civic groups, Sheriff Phelps,. the Red Cross and other entities involved with emergency planning for natural disasters.- He requested that staff invite Mr. Williams to the next meeting so that he could share his. proposed evacuation plan. 2 a R ~oo~ 24 ~~rF ~0 Leah Dempsey, Chair of the Isle of Wight County Bicycle and Pedestrian Facilities Committee, briefed the Board on the recent Bike/Walk Virginia Conference held in Lynchburg on April 30`h and May 1, 2006. She advised that VDOT has developed a proactive approach to pedestrian access and bike trails, and the vision for an overall plan is critical because of the :growing communities within the County. She stated ideas emphasized at the Conference,. which should be considered when developing a bike trail in this County, are that funds should be included in -the: Capital Improvements. Plan over ` a period of time; recognize that there are -wheelchair bound/sight impaired pedestrians when the bike/walk trails are planned;. recognize that older/senior populations are most likely to use walking: access to stores and recreational facilities; recognize that there are already communities in place that are pedestrian friendly;- recognize that if there is some sort of greenway with arees, pedestrians feel more comfortable walking. and cars feel more separated from the .pedestrians. She stated with respect to future planning ideas for new communities. or access across ..large. intersections, data illustrates that highlighted crosswalks with median strips offer a safer environment. She stated with respect to access' across streets that are already established, data illustrates that highlighted crossings and signs make pedestrians- feel. safer. She stated countdown and "no turn on red" signals .are also important for areas with .high-traffic volumes. Ms. Dempsey stated that the Committee is cognizant that the. Board wants it to look at areas that have already. been developed. She stated that the Conference was helpful. in . understanding the possibility and potentials within neighborhoods, and that as trails are developed within communities, the Committee will work towards connecting them, resulting i.n an overall system throughout the County. Supervisor Clark was highly complimentary: of .the Committee members and publicly thanked them for their attempts to provide a higher quality of life in the County. - He noted. that bikeways and pedestrian pathways.. make fuel and health sense; they are environmentally .friendly and attractive.; and, they. increase business and residential property values. !/ Chairman Wright indicated the. Consent Agenda included the following items: A, Funding for Pocket Card Disaster Preparedness Information Resolution to Appropriate Funds from the .Unappropriated Fund Balance for Pocket Cards for Disaster Preparedness Information B. Application for Grant -Funds -TRIAD Crime Prevention for Seniors. Program 1 II 1 . SOQK 2~ 'r~~s 1 Resolution to Authorize the Submission of a Grant. Application ' and to Accept and Appropriate Funds for the Isle of Wight TRIAD Program. C. Application for Grant Funds - COFS 2006, Technology Grant Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the U.S. .Department of Justice for the COPS-2006 Technology Grant D. Paul D. Camp Foundation Contribution 1 l E. Fairgrounds Development Update F. Status. Report -School Appropriations by Category G. Personnel Policy Amendment Resolution to Amend the County Personnel Policy (Special Conditions Policy) H. April 18, 2006 Regular Meeting Minutes Supervisor Bradshaw moved that the Board adopt the Consent Agenda, as presented. .The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, .Ivy and Wright voting in favor of the motion,. and no Supervisors voting against the motion.. // Chairman Wright called for Regional Reports. Supervisor Bradshaw advised-that Governor Kaine would be speaking at .the VACo meeting in Williamsburg on Friday, May 19, 2006, .followed by the Steering Committee meetings in the afternoon. He noted that there.: will be a leadership workshop. seminar on Saturday and the .Board of Directors meeting will be held on Sunday. County Administrator Casket' advised that .several reports were provided at the most recent meeting of the Hampton Roads Planning District Commission relative to emergency preparedness. He advised that there will be a seminar in June, 2006 directed at nursing homes and .rehabilitation centers with respect to emergency planning -for their residents. He further advised that information was presented relative. to regional emergency management efforts. i // _ _ ,Yt. 4 ' .~ ._ ,, ._.~....~...- ,.,w,w.. _ ,~ .,~ 4 ` ~uAM 24~~¢ 72 - Chairman Wright called for Transportation Matters. Sandon Rogers, Transportation Planner, called the Board's attention to the list of VDOT responses to :action items. from the various .Board meetings through .March I6, 2406 that were contained in the agenda,. He noted also included is an update to project expenditure reports, - Mr. Rogers advised that Campbell's Chapel Drive had been completed and did -come in under the bid amount.. He further advised that bids on Whispering Pines Trail are anticipated next week, and the project should, be underway by mid-summer. He stated with respect.to drainage concerns in Gatling Pointe, these have been relayed to the VDOT Resident Engineer for handling. Mr. Rogers advised that he had attended a transportation meeting in Virginia .Beach (Senate Finance Committee) and future transportation funding looks bleak, Supervisor Clark stated that a dedicated. pedestrian crosswalk is needed at the intersection of Routel7 at Eagle Harbor. MacFarland Neblett, VDOT Resident Engineer, offered to investigate the feasibility of a dedicated pedestrian crosswalk for Supervisor Clark. Supervisor Clark .relayed to Mr. Neblett that he had received a number of phone -calls concerned about the speed limit reduction along Route 17. He noted that while safety is of utmost importance, speed limits and additional. traffic lights increase motorists' drive time to and from work. Responsive to a concern expressed by Supervisor Clark on the increasing amount of signage being installed by VDOT on County roadways and that the name and route number should be contained on the same sign, Supervisor. Bradshaw requested that the VDOT Resident Engineer provide the County Administrator VDOT's position relative to increasing the number of road naming and numbering signs in the County. Chairman Wright. inquired about the status of the gates at the. James River Bridge entrance. Mr. Neblett offered to contact Mike Dangerfield, VDOT, and request - the status of the. project. Mr. Rogers advised than staff anticipates being advised of the federal allocation amount to be received next month, Chairman Wright inquired about the status of the lights in Windsor, S 1 1 800K 24 ~~"r 7~ Mr. Rogers: advised that staff anticipates being advised of the federal allocation amount to be received next month. - County Administrator Caskey reminded the Chairman that the Board, at its previous meeting, had requested that the VDOT Resident Engineer be prepared to address Grace Keen's .previous request for VDOT's plans relative to the alignment of the intersection at Benns Church. Boulevard in relation to the 2007 Jamestown. celebration. .Supervisor Bradshaw moved that the Board direct the Chairman to send a letter to the Secretary of Transportation advising of -the Board's .appreciation to VDOT's Regional and District Administration Offices for their efforts in working with and supporting the County' relative to ..improvement in the area of maintenance, even with reduced funding and limited resources. The motion was .adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy .and Wright voting in favor of the motion, and no Supervisors voting against .thee motion. // Chairman Wright called for Citizens' Comments. Rick .Myers, representing the . Department of Conservation and Recreation, requested: that the Board rescind the open burning ban so-that .prescribed burnings can be resumed associated with the- program he manages in the County. He stated that there had been above-average rainfall during the month of May, and the soils are now moist.. // Chairman Wright called for the County Attorney's report. County .Attorney Stroman presented the Transportation Committee Bylaws which address.changes in..the Committee's membership and purpose: He recommended. that the .Board authorize the Chairman to execute them on behalf of the Board. Supervisor Clark moved that the Board authorize the Chairman to execute the Transportation Committee Bylaws on behalf of the Board. The motion was adopted by a vote of (5-0) -with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor ,of the motion, and no Supervisors voting against the motion. .County Attorney Stroman presented an Access Agreement. for the Josiah Parker gravesite which will allow County employees, the Board and the Isle of Wight Historical Society access to the gravesite and for the placement of a pedestrian access. He publicly thanked Debbie J. Svertson, 6 i the former Assistant to the County Administrator, for her efforts involving the gravesite. Supervisor Clark moved that the Board. authorize the Chairman to enter into the Access Agreement for the Josiah Parker gravesite on behalf of the Board. The motion was adopted. by a vote of (S-0) with :Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting againstthe motion, County Attorney Stroman .advised that the remainder of his .items would be discussed in Closed Meeting. U Chairman Wright called for the Parks and Recreation Report. Alan S. Nogiec, Director of Parks and Recreation, briefed the Board on the proposed 2007 County grant criteria associated with the Jamestown 2007 celebration. He requested that the Board accept the criteria. Supervisor Bradshaw. moved that the Board authorize adoption of the proposed 200? County grant criteria as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. t/ Chairman Wright called for the County Administrator's report. .Donald T. Robertson, Director of Information Resources and Legislative Affairs, noted that there had been .little activity on the state's budget during the reconvened General Assembly Session. He advised .that the. state did approve. appropriations to finish out the current fiscal year through-June 30, 2006. He advised that he intends to include an update on federal legislation that _will potentially impact cable television franchise .agreements at the Board's June 1, 2006 meeting. County Administrator Casket' distributed information preparedby the Director of Budget and Finance relative to frequently asked. questions regarding the current reassessment for the Board's reference. ~~ ,. Chairman Wright called for Appointments. Supervisor Brown- moved that the Board. appoint Alvin Wilson to represent. the Hardy District on the Board of Zoning. Appeals. The motion was- adopted by a vote: of (5-0) with Supervisors Bradshaw, Brown, Clark, 7 1 1 B02M 24 ~~^•f 7~ Ivy and Wright voting in favor of the motion, and no Supervisors. voting against the motion. Supervisor Bradshaw moved that the Board appoint Donald T. Robertson to serve on the Western Tidewater Continuum of Care Council. The motion was adopted by a vote of (5-0) with .Supervisors Bradshaw,. Brown, Clark, Ivy and Wright voting. in favor of the motion, and no :Supervisors voting against the motion. Supervisor Brown moved that the Board appoint Robert W. White_to represent the Hardy District on the Parks and Recreation .Advisory Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,. Brown,. Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // At 7:00 p.m., Supervisor Bradshaw moved that the Boazd amend the regular order of the agenda in order to conduct the public hearings, The motion was adopted by a vote of (5-0) with Supervisors .Bradshaw,-Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for. a public hearing on the following: A. Ordinance to Amend Chapter 7, ..Fire. Protection; Article I, In General, Section 7-1-1, Certain Open Burning Prohibited During Certain Hours between March 1 and May 15 County. Attorney Stroman refereed to the memorandum he previously sent to the Board dated May 11, ' 2006 concerning certain proposed amendments, and he recommended that the public :hearing. be tabled and readvertised at County expense. He advised that at each Board member's seat were proposed revisions including the increase of penalties to mirror those. of the state and exemptions to the permit requirement. Supervisor Bradshaw recommended that the Board proceed -with conducting the public hearing since it had been advertised for this meeting and since there may be persons present who wish #o address the matter tonight, County Attorney Stroman .advised that the Board could proceed -with conducting the public hearing and continue it to the Boazd's June 15, 2006 meeting. 8 4 ~. _ } EQ~K 24 ~~~r 76 Supervisor Ivy. requested that the County. Attorney correct the typo in the public notice stating .that open burning is banned between... the. hours of 4:00 p.m. and .12:00 a.m. Chairman Wright called for persons to speak in favor of, or in opposition to, the proposed Qrdinance. Harriet Hines, a resident of Smithfield, advised that-she. is attempting to get rid approximately two (2) acres of vines on her property near the Surry County line. She .stated that she is opposed. to the .proposed Ordinance. because. she fears that the County may have to hire additional personnel in -order to address this regulation. She .pointed out that farmers in the County are faced with burning annually. .Claire Kimmel advised that she .routinely burns. weekly unless a no- bum .ban -has been issued due to the dry conditions. She noted that she currently has a pile she is waiting to burn,. andshe inquired if there .would be a.cost associated with obtaining a permit.. Chairman Wright noted that the Board needed to further- discuss. the Ordinance before acting on it. He advised that the Board would be continuing the public hearing until the Board's June 15, 2006. meeting, as recommended by the County Attorney, at which time the Board. would be in a better position to answer. questions. Supervisor. Bradshaw noted .that farmers are in need of burning their fields at this time of the year, and. that the forestry industry needs to do their controlled burning,programs. Chairman Wright stated that he is opposed to farmers and citizens having #o drive to the Courthouse just to obtain a permit to burn. Responding to Supervisor Bradshaw's inquiry why the Board is considering such an ordinance, Richard O, Childress, Director of Emergency Management, advised that he need for the proposed Ordinance is related to the safety of County residents and that emergency personnel are being dispatched to residences unnecessarily.. He stated if the person burning is required to contact the Dispatch Center and fill out a permit by phone, the Dispatch Center .would be aware of the burning and .know that there is no need to dispatch emergency services. He stated in addition to residents being able to contact: the Dispatch Center and have the permit filled out while they are on :the: phone, permits. could be also be obtained from various County offices while persons are conducting business at the Courthouse or the permit could be :filled out on-line. He stated that the Ordinance would .require that whenever the County deems there to be a safety .concern, the County would have the ability to enact a method to protect the citizens and property of the County. He explained that instead of the Board adopting an emergency resolution that would be for a fixed period of time, the County would have a t ~ 1 1 1 .Fire Official who is able to enact a burning ban and rescind the burning ban as conditions improve. County .Attorney Stroman clarified :that what is new. in the proposed Ordinance is adoption of the state fire code, enforcement of the fire code, certain exceptions to the permit requirement,. and increase of the penalty. Supervisor Bradshaw stated that he is not in support of changing the Ordinance as discussed, but he would support tabling the. matter while a thorough. evaluation is performed as to the .reasoning behind why the ordinance is being changed; what the purpose of the proposed Ordinance~is; and, what is the outcome and impact to the citizens is anticipated to be. Beverly H. Walkup, Director of Planning and Zoning, notified the Board that the County will be required in-thenext five. (5).months to adopt a non-attainment. area standard for open burning which will apply fo the months of June. through August, although a regulation under consideration currently. is to extend the period from May through September. -She advised that agricultural burning. and fire training will be exempted. Supervisor Brown moved that the Board continue the public hearing until the Board's June 15, 2006 meeting to allow the Board an opportunity to discuss proposed amendments to increasing the penalties to mirror those of the State, as well as certain exemptions to the permit requirement. The motion was .adopted by a vote of (4-1) with Supervisors Brown, Clark, Ivy and Wright. voting in favor of the motion, and Supervisor Bradshaw voting against-the motion. County Attorney Stroman noted that the Ordinance would be listed on the Board's June 1, 2006 agenda as an item. to receive additional input from the Board prior to it being advertised. ..:Chairman Wright called fora public hearing on the following. B. Ordinance to Amend Chapter 8, Garbage,. Weeds and Litter County. Attorney Stroman advised that the Ordinance has been revised to add clarifying definitions.- for certain terms; make property owners and lessees responsible for keeping their property free of litter; make tt illegal.. to dispose of litter along County highways and rights-of--way and .providing for penalties. of no less than $250, .nor more than $2,500 and twelve (12) months. in jail; and, provide for load- coverings and imposes a penalty of $250 if litter spills out. He .further advised that the public heazing has been duly advertised for public hearing tonight. Chairman Wright called for persons to speak in favor of, or in opposition to, the proposed Ordinance. is e soaK 24 r~if 78 Herb DeGroft of Mill Swamp Roads spoke. in favor of the Board adopting the Ordinance noting that it will help alleviate the disposal.. of trash along the County's highways if a fine is imposed. Chairman Wright closed the public hearing and called .for comments from the Board. SupervisorBradshaw referred to Page 3, Section $-4, and inquired how ' "reasanable notice" is defined. .County Attorney .Stroman: advised because the-term is nat defined, it would be what is reasonable in the mind of the "reasonable" man as .interpreted by the. court. He stated if the Board wished to make a change, it would not require an additional public hearing to list a specified time, which is typically a period of fourteen (14) days. Supervisor Clark requested that the method of notice also be clarified. ...Supervisor Bradshaw referred to Page G, Section 8-14, and Supervisor Clark requested that size of the container be changed to a "gallon." Supervisor Bradshaw referred to Sectiar- 8-15, and requested that. poisons and acids be defined; "unusual quantities" be defined; and, the size ofa "commercial establishment" be defined. - Supervisor Clark moved that the Board table consideration of the h C o ' ounty e w t s Auguste 3, 2006 meeting to all Ordinance until the Board Attorney sufficient time to address the following concerns: "reasonable notice" be defined to a specified period of time (14 days), and include a method of notice; change to a "gallon" container with respect to the draining of liquids; better define poisons and acids; better define "unusual quantities' ; and, define the size of a "commercial" establishment. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the ~~ motion. Chairman Wright called for a public hearing on the following: C. Ordinance to Amend Chapter 10, Licenses, Article II, License Tax Schedule, Division 1, Generally, .Section 10-12, Coin . Machine Operators County Attorney Stroman certified that the public hearing was duly advertised. Chairman: Wright called .for persons. to speak in favor of, or in opposition to, the proposed Ordinance.. 11 r,` 1 No one spoke in favor or in opposition to the proposed. Ordinance.. Chairman. Wright closed the public, hearing and called for comments from the Board. Supervisor Clark moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 10. LICENSES. ARTICLE IL LICENSE TAX SCHEDULE DIVISION 1. GENERALLY. SECTION 10-12. COIN MACHINE OPERATORS WHEREAS, the Board of Supervisors- of Isle of Wight County, Virginia, believes it appropriate to revise. Isle of Wrghf County's method of licensing and taxing coin machine operators to approximate more closely the methods employed by its sister localities; and. WHEREAS, such a revision to the Isle of Wight County ordinance will simplify the taxing structure for coin machine operators. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 10, Article II,.Division 1, Section 10-12, of the Isle of Wight County Code be amended in its entirety as .follows: 10-12. Coin Machine Operators.. (a) As used in this Section,. the following terms shall be defined as: -. (i) Amusement Machine shall mean any jukebox, pool table, pinball machine, video game machine and/or any other arcade machine operated on the coin-in-the-slot principle. (ii) Coin-Operated Machine shall mean any other machine not an Amusement Machine operated on the coin-in-the-slot principle. (iii) Operator shall mean any person selling, renting,' leasing or otherwise furnishing or providing an Amusement .Machine' or Coin- Operated Machine; provided, however, the term "Operator" shall not include a person owning less than three (3) Amusement. or Coin- Operated Machines on property owned or leased by such person. Notwithstanding the situs .requirements of Section 58.:1-3708 of the Code of Virginia (1950, as amended), the tax prescribed by this Section. shall apply to an Operator when any Amusement or Coin-Operated Machine or device of such Operator, which is operated on the coin-in- the-slot principle, is located. within Isle of Wight County. (b) Every Operator of Amusement Machines shall pay a license. tax- of Two Hundred Dollars ($200.00) per year plus Twenty-Five Cents ($0.25) 12 ~@AN t..`~ aM!:r 8O per One Hundred Dollars ($100.00) of total gross receipts actually received by the Operator as his share of the total gross receipts;. provided, however, that Operators furnishing or otherwise providing at least three (3), but less. -than ten (10), Amusement Machines shall pay a license tax of One Hundred- Fifty Dollars {$1.50.00) per year plus Twenty-Five Cents ($0.25) per One Hundred Dollars ($100.00) of total gross receipts actually received by the Operator as his share of the-total gross receipts. (c) Every Operator of Coin-Operated .Machines shall pay Twenty- Five Cents ($0.25) per One Hundred Dollars ($100.00) of total gross receipts actually receivedby the Operatoras his share of the total gross receipts. (d) Every Operator placing Amusement or Coin-Operated Machines within Isle of Wight County, shall furnish to the Commissioner of the Revenue. a complete. list of Amusement and/or Coin-Operated Machines located within Isle of Wight County,~and the address of each location, on or before the 15t day of March of each year. (d) The Operator's license tax prescribed by this Section shall not be applicable to Operators ®f weighing machines, automatic baggage or parcel checking machines or receptacles; or to Operators of vending machines which are so constructed as to do .nothing but vend goods, wares and merchandise or postage. stamps or to provide service only; or to Operators of viewing- machines. or photomat machines; or to Operators of devices or machines affording rides to children or for the delivery of newspapers. For state law as to the authority of the County to enact this Section, see Code of Virginia,: ~~ 58..1-3720 and 58.1-3721. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, :,Clark, Ivy and Wright voting in favor of the motion, .and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: D. Ordinance to Amend Chapter 15, Taxation, Article I, In General County Attorney Stroman .certified that the Ordinance was duly .advertised. Chairman Wright called for persons to- speak in favor. of, or in opposition to, the proposed Ordinance. 4, No one spoke in favor of in opposition to the proposed Ordinance. Chairman Wright closed the public hearing and called for comments from the Board. 13 _.__ 1 1 ill I BOnK 24 ~~:' 81. Ii Supervisor Bradshaw moved that the Board .adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15. TAXATION. ARTICLE I. IN GENERAL. SECTION 15-4.1. CERTAIN FARM ANIMALS ETC.. EXEMPT FROM TAXATION ...WHEREAS, the Isle of Wight County Board of Supervisors has previously determined that farm equipment should be exempt from taxation; and i WHEREAS, the Isle of Wight County Board of Supervisors wishes. to .memorialize its intention to exempt farm: equipment from taxation through an amendment to the County Code. i NOW THEREFORE BE IT RESOLWED by the Isle of Wight County Board of Supervisors that Chapter 15, Taxation, Article I. In General, Section 15-4.1 Certain .Farm: Animals, etc., .Exempt from Taxation, be amended as follows: Sec 15-4 1 Certain farm animals eta exempt from. taxation. The following farm animals, grains and other fees used for the nurture of farm animals, farm. machinery and farm .implements. shall be exempt from taxation: (a) Horses, mules and other kindred animals. (b) Cattle.. (c) .Sheep and goats. (d) Hogs. (e) Poultry. (f) ..Grains and other fees used for the nurtureof farm animals. ~ (g) Farm machinery other than the .farm machinery described in subsection (h) below, and farm implements. {h) Farm machinery designed solely for the planting, production or harvesting of a single product or commodity. For state law as to authority of County to enact this section, see Cade of Ya., ~ 58.1-3505.: ,`! 14 a The motion was adopted by a .vote of (S-0) with Supervisors Bradshaw, Brawn, Clark, Ivy -and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman reminded the Board that Public Hearing Item (E), the application of Elisha Junious Stokes and. Cecile Gale Lewis, was postponed at the request of the applicant under Approval of the Agenda. to the Board's June 15, 2006 meeting with the cost of the re-advertisement to be paid by the applicant. Chairman Wright called for a public hearing on the following: F, The application of Eagle Harbor, LLC for a Preliminary Site Plan Review and a Conditional Use Permit (CUP) to construct Bojangles Drive-In Fast Food Restaurant on 2.31 acres of land. The application site is located on Carrollton Boulevard (Route 1 ?), Tract 1 OA of Eagle Harbor, in the Newport Election District. .:Chairman Wright called for persons to speak in favor of, or in ::opposition to, the proposed application. Beverly H. Walkup, Director of Planning and Zoning, verified that the application was duly advertised. She stated that there were references in the Planning Commission minutes that the applicant was requesting a waiver to the landscaping :requirements .for the parking area, and that reference has been excluded from the Board's report because the applicant has met that criteria, and the waiver is no~ longer necessary. She clarifed that the storm water facility is actually a detention_ facility, which is a dry facility. She . advised that .the Conditional Use Permit applies to the drive-through portion of the restaurant only. Mike Culpepper, Attorney with Williams Mullen, .appeared. representing the applicant, John. Bridgeforth, Principal of Bay Bridge Properties, LLC, He stated that the applicant has incorporated all of the Planning Commission's suggestions on the formal site plan review, which has improved the quality of the site plan -for the proposed ;Bojangles Restaurant drive-through. He stated that the applicant has made a number of concessions in the spirit. of cooperation with the County. He stated. the restaurant is consistent with .the County's Comprehensive Plan and the ..Highway .Corridor Overlay District. He stated that the proposed Bojangles offers attractive architectural elevations, as proffered by the applicant. John.Bridgefarth, Principal of Bay Bridge Properties, LLC, statedthat Bojangles is ahigh-quality restaurant and he looks forward to being a part of the community. Chairman Wright closed the public hearing and called for. comments from the Board. IS 1 II ~ SOON 24 ~~,rr 83 Supervisor Ivy inquired what type of advertising sign will be used. Ms. Walkup. advised that the- Planning Commission has not recommended a separate sign,. as requested by Bojangles. She stated..: the front of the facility will contain a sign for the .retail shops, which would include advertisement of .the Bojangles site. She stated- that the Zoning Ordinance provides that shopping centers may .have one { 1) free-standing identification sign, and if there are out parcels created. from the shopping Center, the Planning .Commission can. recommend to the Board that an additional sign be granted far the out parcel. Supervisor Ivy inquired if architecture .proposed by Bojangles is consistent with the. surrounding area, Ms. Walkup advised that the architecture proposed by Bojangles is compatible with what -.was already .approved for the retail shops: She explained that initially the. entire site was approved as a retail shopping center, which included a pharmacy, and the applicant is-now requesting that. the user be changed from a pharmacy to a Bojangles. Supervisor Bradshaw requested that Ms. Walkup advise him what could be built on the. site in twenty (20) years should the .Bojangles not be in existance. Ms. Walkup offered to verify that there were not specific uses that were restricted with the general commercial zoning with Eagle Harbor. Su ervisor Clark in uired if there is an existin walkwa alon Route P q g Y g 1 ? at that location. Ms. Walkup replied that. there is no existing walkway, and there have been no sidewalks proposed along the frontage of that site. She noted that there are existing sidewalks at the condominiums. Supervisor Clark noted that he would like for the Planning Commission to begin requiring sidewalks as they discuss. new applications.. Su ervisor Bradshaw re uested that commercial businesses .located P q along the Route 17 corridor be completely screened from visibility. Ms. Walkup noted that there is berming, as the County's Ordinance now requires four (4) foot berms. . In response to Supervisor Clark's request for the inclusion of a sidewalk consistent: with what is already along Route 17 at the condominiums, Ms. Walkup indicated that the Board has control over plat 16 { - ~. $o~M 24 ~~~~ 84 .approval, and. a pedestrian access from one side of the property to the other could be a condition. Supervisor Clark. moved that the Board approve the preliminary site plan of Eagle Harbor, LLC with the conditions incorporated as recommended by the" Planning Commission, and. that a .concrete sidewalk be required consistent with what is currently along Route 17. The motion was adopted by a vote of (3-0-2) .with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;_and, Supervisors Bradshaw and Brown absent for the vote. . Supervisor Clark moved that the Board approve the Conditional Use Permit for the Bojangles drive-through.: The motion was adopted. by a vote of (4-0-I) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the. motion; no-Supervisors voting against the .motion; and, Supervisor Brown absent for the vote.. - t/ Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vate of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favar of the motion, and no Supervisors voting against the motion. // Chairman Wright called for Old Business.. .Chairman Wright called for discussion on the Isle of Wight County Budget for Fiscal Year July 1, 2006 through June 30,2007. Liesl R. DeWary, Director of Budget and Finance, recalled that the Board, at its May 4, 2006 meeting,. appropriated additional funding to the School Board. She stated staff s recommendatian is to postpone the roof ..replacement at Hardy Elementary School ($623,129);. postpone the purchase of new voting machines ($175,000); reduce the appropriation for reserve for land preservation ($275,000); remove .funding far IOW Triad due to grant application. restrictions {$2,780); and, delay the addition of a Procurement Manager position to January I, 2007 ($38,b44). County Attorney. Stroman advised that if the Board elected to accept the above recammendations and adopt the- Ordinance to Impose the Tax Rate, the Ordinance would. be advertised at $.73 per $100 with the anticipation that there would be an adjustment retroactive to July 1, 2006 to lower the rate. to $.SSper $100. Supervisor Bradshaw moved that the.. Board .adopt the Isle of Wight County General Operating and Capital Budget for Fiscal Year July 1, 2006 17 i~ 1 I~ . - 801'. ~`t %~^.•' O~ through June 30, 2007, as amended per the. following:. Postpone the roof replacement at Hardy .Elementary School (.$623,129) and the purchase of new voting machines ($175,000); reduce the appropriation for reserve for land. preservation ($275,000); remove funding for IOW Triad due to grant application restrictions ($2,780); and, delay the addition of a Procurement .Manager position to January 1, 2007 ($38,644). The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clazk, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the proposed FY 2006-07 Special Revenue Fund Budgets in the following amounts; Capital Projects $ 7,632,992 Museum Gift Shop $ 27,000. .County Fair $ 168,495 E-911. $ 865,327 Public Utilities ~ $ 7,330,523 The motion was adopted by a vote of (S-0) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, and no .Supervisors voting against the motion. Supervisor Bradshaw moved .that the Board authorize the County Attorney to .prepare and advertise for public hearing on June 1, 2006 an Ordinance to ,Impose Taxes for FY 2006-07 at the same rates with the exception of the. real estate tax which is recommended at $0.73 per $100 of assessed value. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting. against the motion. Chairman. Wright .relayed to the School Superintendent that he had received a telephone. call last evening concerned that the caller's invoice- - would not be paid if he did not submit it by this morning. Dr. Michael McPherson, School Superintendent, offered to investigate ~ the concern, He stated that the individual had received incorrect information, and the school administration is in a position that it can pay its vendors, Chairman Wright suggested that. the School Superintendent provide mid-term updates to the Boazd regarding the School Board's budget. Supervisor Bradshaw recommended .that the Finance Director for the school administration and the County's. Director of Budget and Finance: advise the Board. what the school administration has encumbered for approval'. by the. Board at its July 20,.2006. meeting. I 18 a H0~1l~ ~~ ~~E 86 .Supervisor Bradshaw noted that the Director. of Budget and .Finance would be returning to the Board with a recommendation and the financial .impact relative to tax relief for the. elderly and handicapped. Chairman Wright publicly commended the .Director of Budget and Finance for her professionalism in preparing the budget. Chairman Wright called for appointments. to the Board of Equalization. Supervisor Ivy noted that he would have a recommendation at a future meeting. /f Supervisor Clark:. moved that the Board take a five (5) minute recess. The motion was adopted by a vote. of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open session. ..The motion was adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright -noted that due to recent rainfall, he would . recommend. that the Board rescind the emergency Ordinance banning open burning.. Chairman Wright moved that .the Board rescind the emergency. Ordinance adopted on April 6, 2006., The motion was adopted by a vote of (4-0-1) with Supervisors Bradshaw, Clark, Ivy and Wright voting. in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. .Supervisor Clark moved that the Board direct staff to review regulating large commercial burns in the Development Service Districts and report back to-the Board in a couple of months. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. .Supervisor Bradshaw moved than the Board direct staff to move forward with ..imposing a tax on sand depletion of borrow pits and come back to the Board with a recommendation on how to enact the tax. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright voting in-favor of the motion, and no Supervisors voting against the motion. 19 1 I~ II • 80!~K ~'t r~"r 87 Supervisor Clark thanked the County Administrator for appearing for him at the Bill Reid ceremony at the Benn's .Church Methodist Church, a previous Supervisor who served many. years. ago, and presenting the Resolution adopted by the Board at his request. . // Chairman Wright called for New Business. There was no new business offered for discussion by the Board. . // County Attorney Stroman requested a Closed. Meeting :pursuant to Section 2.2-3711.A.7 to receive legal advice concerning passible bail out of pre-clearance provisions of the Voting Rights Act; pursuant to Section 2.2- 3711.A.7 to receive legal advice regarding a utilities contract and liquidated damages; pursuant to Section 2.2-3711.A.7 to .receive legal advice on the investment of public funds in connection with the construction of a new .fire station and rescue facility in the Town of .Smithfield; pursuant to Section 2.2.3711.A.7 to receive legal advice concerning a settlement of actual litigation concerning a zoning violation of the TidewaterlFranklin Inn and Mr. Tony .Savage; pursuant to Section 2.2-3711.A.1 concerning a personnel matter regarding a discussion or consideration of the performance of specific employees; pursuant to ..Section 2.2-371 l .A.6 and 30 to consider the investment of public funds and award of contract where discussion in open session would adversely affect the negotiating strategy of the public body; pursuant to Section 2.2-3711.A.1 concerning two (2) personnel items regarding .the discussion or consideration of the performance of specific employees. Supervisor Clark moved that 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 Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, -and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion. was adopted by a vote of (5-0) with .Supervisors Bradshaw, Brown, Clark,. Ivy -and. Wright. voting in favor of the motion, and no Supervisors voting against the motion. ..Supervisor Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING 20 ti!! I 9Q~-N 24:~~f t7~ 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 thin 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 elosed 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: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bradshaw moved that the Board authorize the Chairman of the Board to sign the settlement agreement with Tidewater Outreach Human Services, Inc. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, :and no Supervisors voting against the motion. Supervisor Clark moved .that the Board approve .the compensation as discussed in Closed Meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,:Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board authorize the Chairman to .sign the contract as discussed in Closed. Meeting upon .the review of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, .Brown, Clark, Ivy and.Wrightvoting in favor of the motion, and no Supervisors voting against the motion. // 21 1 90~K ~~ ,~^~ ~~ At 10:4Q p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,: Brown, Clark,. Ivy and Wright voting in favor of the motion, and nn Sunervicnrc vntinv awainst the rnntion_ I 22 f ~ , ~f1 • ,