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06-14-2007 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas J. Wright, III Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Ivy called the meeting to order at 3:00 p.m. // Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Ivy called for Approval of the Agenda. Interim County Attorney Burton offered the following revisions: Move Item (A), Resolution Approving Regional Sanitary Sewer Package, under the General Services Report to Item (A), Special Presentations, for consideration following the presentation on the Sanitary Sewer Overflow Consent Order; add an item under the County Administrator’s Report in regards to a proposed Third Amendment to Reciprocal Land for Tower Space Agreement Between the Board and American Tower; add an item under the General Services Report concerning a status report on Heritage Park to be presented by Assistant County Administrator Rountree; add an item under the County Administrator’s Report, a proposed Professional Services Agreement by and between the County and URS Corporation in regards to the Benns Grant project; add an item under New Business in regards to the Director of Information Technology request for the Board to commence its July 12, 2007 meeting at 3:00 p.m. for the purpose of conducting a training exercise on the Board’s new laptop computers; add an item under the Closed Meeting in regards to the acquisition of property; add an item under the Closed Meeting in regards to contract negotiations, per the 1 request of Chairman Ivy; add an item under New Business, per the request of Supervisor Wright; remove Items (B) and (C) under the Consent Agenda for further discussion, per the request of Supervisor Brown. Supervisor Clark moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw moved that citizens with comments pertaining to the Hampton Roads Transportation Authority be allowed an opportunity to speak under Item (2), Proposed Hampton Roads Transportation Authority, for a period of two (2) minutes each. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for persons to speak regarding the Hampton Roads Transportation Authority. Jack King of 1326 Waters Road, Chesapeake, spoke in opposition to a Hampton Roads Transportation Authority because he considers the legislation to be unconstitutional. He stated the legislation gives Councils and Board of Supervisors the right to vote in favor of the legislation and then tax him, but he has no right to vote for or against a Board member when running for office. He stated in Chesapeake, 67% of its residents voted against the referendum to raise the sales tax. He stated the funds to address the region’s transportation needs are contained in the State budget. Ed Easter of Carrollton expressed concern with establishing authority for taxation where there is no real representation. He stated the use of a regional Authority for taxation purposes for transportation has no benefit. He stated many citizens will be punished because there are a few politicians in the State that do not want to do things the correct way. Glen Musick inquired if the vote cast by the Board members will be their own vote or will the Board be representing the citizens. Veronica Johnson, 166 Yorkshire Road, Portsmouth, requested the Board to vote against the Transportation bill because the Bill is unconstitutional. She stated if the General Assembly is allowed to advocate its responsibility with regard to transportation, other areas will follow, specifically the area of education. She stated voting in favor will set a precedent and the Constitution is the only thing people have to protect us. Jim Ellis of Portsmouth requested that the Board not support House Bill 3202. He stated that the authority to build, repair and maintain roads is 2 a function of State and Federal governments. He stated there is nothing contained in the legislation that requires the monies collected to be spent in this area, but instead it can be spent in any city in the Commonwealth. He stated the legislation includes no exit strategy and it will not go away, but rather will take money from the pockets of our grandchildren. He requested that the Board consider carefully the will of the people who have already voted in opposition to this legislation in 2002. Albert Burckard requested the Board to favorably consider the Hampton Roads Transportation Authority because it is good for the region and eventually will be good for the County. He further requested that whatever vote the Board takes that it be a unanimous vote of the Board. Patricia Stall, 804 Riverside Drive in Newport News and First Senate District, stated this Bill is a direct conflict of interest for individuals to vote on this issue when already serving on the Hampton Roads Planning District Commission. She stated 71% of the County voted against this issue in 2002. She stated this tax will never go away and the people do not need another layer of government. She stated this represents taxation without representation and this Authority can employ employees, agents, advisors, attorneys, financial advisors, engineers and other technical advisors and determine their duties and compensation accordingly. She stated the Constitution is not an instrument for the government to restrain the people, but rather an instrument for the people to restrain the government. She stated transportation is a State function and should not be handed down to local governments. She requested that the Board vote in opposition and that the issue be returned to the General Assembly so that the legislators can do the job they were elected to do. Nicki Sabino of historic Smithfield stated today the Board decides if Hampton Roads gets a new layer of taxation with little representation and direct benefit to the County. She encouraged the Board to vote in opposition to the legislation. She stated the only benefit for the County is the promise of improvements to Route 460. She recalled that the last referendum for a new sales tax was voted down 2-1, which reflects the opinions of constituents with regard to new taxes. Tony McFatter, business owner in the County, noted that labor has never been taxed before and the funds will be used to repair a road that he or his customers use. He stated the large trucks are the ones that should pay to repair the road because they are the ones that are tearing it up. He recommended tolls be placed on the road to pay for its repairs and improvements. Tom Gear, representing the 91st District in the House of Delegates in Hampton, York County and Poquoson, stated that he voted against the legislation and requested the Board to send the matter back to Richmond for the General Assembly to reconsider. 3 Kip Hinkel, a citizen of the County, stated that road improvements will eventually happen and he encouraged the Board to support the formation of a regional Transportation Authority. He stated the cost for improving transportation will be much more expensive in the future. Art Moy, Executive Vice President of Virginia Maritime Association, encouraged the Board to approve the regional transportation authority because the area desperately needs improvements to the transportation infrastructure. He stated these improvements are needed if the County is going to attract new businesses. He stated sending it back to Richmond will not provide the desired result of helping the Hampton Roads region. Dana Dickens of Suffolk stated the legislation does have a lot in it for the County. He stated the County has invested wisely in developing an industrial park that is conducive to use with the distribution centers. He suggested that 1,000,000 square feet of distribution space in the County represents $.01 that the citizens will not have to pay on the tax rate. He stated in order to attract the distribution centers, the County must be competitive and be able to move the goods and services back and forth. He stated that he visited the Attorney General earlier this week and was advised that the Authority is constitutional. He stated Dr. Howard, who revised the Constitution of Virginia has written a paper on it and believes it is also constitutional. He stated sending it back to Richmond is a flawed option. Grace Keen, President of the Isle of Wight Citizens’ Association, noted the majority vote at its most recent meeting was in opposition to a regional transportation authority. She reminded the Board that each member is elected by the people to serve the people. She requested the Board to vote in opposition to the legislation and in favor of the people. Trudy Price, 113811 Woody Acres Way, requested the Board to vote against the legislation. She stated she has been a business owner in Hampton, Virginia since 1933 and she employs 110 people, many of which live in the County and which want the Board to vote against the legislation. Robert Dean, former Virginia Beach City Council member and currently serving as Communications Director for the Virginia Beach Taxpayer Alliance, which was instrumental in defeating the 2002 sales tax referendum. He stated by forcing Hampton Roads to create a non-elected regional transportation authority and raise local taxes to pay for roads, the General Assembly has abandoned its State-wide duty. He stated the Bill covers a new Route 460 to Petersburg; however, the Authority stops at Zuni. He inquired if the State was going to pick up the tab from that point to the junction of Route 95. He stated this Bill will not reduce traffic congestion and Attorney General Bob McDonald has not issued a formal statement on the constitutionality of the transportation bill. He stated tolls will be placed on local roads and the annual financial impact for the tolls has not been 4 revealed. He stated that there is no sunset clause for the Authority and it will never go away. Leah Dempsey urged the Board to vote in favor of a Hampton Roads Regional Transportation Authority. She stated the Board is elected by the citizens to make the difficult decisions with respect to the future of the region. She stated in additional to transportation safety, it is about economic development. She stated the current transportation system as it exists today is not working and it will not work in the future. She requested that the Board think as a region and be proactive and not reactive. Supervisor Clark moved that the Board adopt the following Resolution of the Board of Supervisors of the County of Isle of Wight, Virginia, Approving the Powers Granted by the General Assembly of the Commonwealth of Virginia to the Hampton Roads Transportation Authority Pursuant to the Hampton Roads Transportation Authority Act, Section 33.1- 391.6 ET SEQ. of the Code of Virginia of 1950, as Amended: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, APPROVING THE POWERS GRANTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA TO THE HAMPTON ROADS TRANSPORTATION AUTHORITY PURSUANT TO THE HAMPTON ROADS TRANSPORTATION AUTHORITY ACT, SECTION 33.1-391.6 ET SEQ. OF THE CODE OF VIRGINIA OF 1950, AS AMENDED WHEREAS, the General Assembly of the Commonwealth of Virginia has enacted, and the Governor of the Commonwealth of Virginia has approved, the Hampton Roads Transportation Authority Act, Sections 33.1- 391.6 et seq. of Chapter 10.2 of the Code of Virginia of 1950, as amended (the Act); WHEREAS, the Act, which becomes effective July 1, 2007, creates the Hampton Roads Transportation Authority (the Authority) as a body politic and political subdivision of the Commonwealth of Virginia embracing the Counties of Isle of Wight, James City and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg; WHEREAS, the voting members of the Authority consist of the chief elected officer of the governing body (or his or her designee, who shall be a current elected officer of such governing body) of the counties and cities embraced by the Authority; WHEREAS, the Act empowers the Authority, among other things to impose or assess certain specified fees and taxes for imposition or assessment by the Authority, including a gasoline sales tax, a real property conveyance grantor’s tax, a vehicle rental tax, a vehicle safety inspection 5 fee, an initial vehicle registration fee, a sales tax on auto repair labor and an annual vehicle registration fee, in all the counties and cities embraced by the Authority; WHEREAS, the Act provides that the fees and taxes authorized by the Act for imposition and/or assessment by the Authority shall only be imposed and/or assessed by the Authority if (i) at least seven of the twelve governing bodies of the counties and cities embraced by the Authority that include at least fifty-one percent (51%) of the population of the counties and cities embraced by the Authority pass a duly adopted resolution stating their approval of such power of the Authority to impose and/or assess the fees and taxes specified in the Act no later than December 31, 2007, and thereafter (ii) at least seven of the twelve voting members of the Authority that include at least fifty-one percent (51%) of the population of the counties and cities embraced by the Authority vote in the affirmative to impose and/or assess all of the fees and taxes authorized by the Act for imposition and/or assessment by the Authority in all of the counties and cities embraced by the Authority; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, approves of the powers granted to the Authority under the Act to impose and/or assess the fees and taxes authorized by the Act and in the amounts specified therein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. The Board of Supervisors of the County of Isle of Wight, Virginia, as contemplated by the Act and in accordance therewith, hereby approves the powers granted to the Authority under the Act to impose and/or assess the fees and taxes authorized thereby and in the amounts specified therein, including a gasoline sales tax, a real property conveyance grantor’s tax, a vehicle rental tax, a vehicle safety inspection fee, an initial vehicle registration fee, a sales tax on auto repair labor, an annual vehicle registration fee and tolls, such fees and taxes constituting all of the fees and taxes authorized by the Act. 2. The Board of Supervisors of the County of Isle of Wight, Virginia, hereby recommends to the Authority that it vote in the affirmative to impose and/or assess all of the fees and taxes authorized by the Act and in the amounts specified therein for imposition and/or assessment by the Authority in all of the counties and cities embraced by the Authority. 3. This Resolution shall take effect on July 1, 2007. 4. The Clerk of the Board of Supervisors of the County of Isle of Wight, Virginia, shall provide a copy of this Resolution to the Clerks of the 6 House of Delegates and the Senate of the Commonwealth of Virginia as soon as practicable after the effective date hereof. ROLL CALL VOTE Phillip A. Bradshaw Nay James B. Brown, Jr. Yea Stan D. Clark Yea Thomas J. Wright, III Nay Thomas R. Ivy Yea The motion was adopted by a vote of (3-2) with Supervisors Brown, Clark and Ivy voting in favor of the motion and Supervisors Bradshaw and Wright voting against the motion. Chairman Ivy moved the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark commented that he has requested the County Attorney to draft a resolution that advises the members of the General Assembly that the Board believes there is a more acceptable way than the transportation legislation, such as the implementation of a State-wide gas tax, which would not have involved another layer of government. Supervisor Brown moved the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, APPROVING THE POWERS GRANTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA TO THE HAMPTON ROADS TRANSPORTATIONAUTHORITY PURSUANT TO THE HAMPTON ROADS TRANSPORTATION AUTHORITY ACT, SECTIONS 33.1-391.6 ET SEQ. OF THE CODE OF VIRGINIA OF 1950, AS AMENDED, AND REQUESTING AMENDMENTS THERETO WHEREAS, the General Assembly of the Commonwealth of Virginia has enacted, and the Governor of the Commonwealth of Virginia has approved, the Hampton Roads Transportation Authority Act, Sections 33.1- 391.6 et seq. of Chapter 10.2 of the Code of Virginia of 1950, as amended (the Act); 7 WHEREAS, the Act, which becomes effective July 1, 2007, creates the Hampton Roads Transportation Authority (the Authority) as a body politic and political subdivision of the Commonwealth of Virginia embracing the Counties of Isle of Wight, James City and York, and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; WHEREAS, the voting members of the Authority consist of the chief elected officer of the governing body (or his or her designee, who shall be a current elected officer of such governing body) of the counties and cities embraced by the Authority; WHEREAS, the Act empowers the Authority, among other things to impose or assess certain specified fees and taxes for imposition or assessment by the Authority, including a gasoline sales tax, a real property conveyance grantor’s tax, a vehicle rental tax, a vehicle safety inspection fee, an initial vehicle registration fee, a sales tax on auto repair labor, an annual vehicle registration fee and tolls, in all the counties and cities embraced by the Authority; WHEREAS, the Act provides that the fees and taxes authorized by the Act for imposition and/or assessment by the Authority shall only be imposed and/or assessed by the Authority if: i) at least seven of the twelve governing bodies of the counties and cities embraced by the Authority that include at least fifty-one percent (51%) of the population of the counties and cities embraced by the Authority pass a duly adopted resolution stating their approval of such power of the Authority to impose and/or assess the fees and taxes specified in the Act no later than December 31, 2007, and, thereafter; ii) at least seven of the twelve voting members of the Authority that include at least fifty-one percent (51%) of the population of the counties and cities embraced by the Authority vote in the affirmative to impose and/or assess all of the fees and taxes authorized by the Act for imposition and/or assessment by the Authority in all of the counties and cities embraced by the Authority; and WHEREAS, this legislation requires Hampton Roads localities, upon the appropriate vote, to form the Hampton Roads Transportation Authority and to impose or assess the taxes and fees included in that legislation without regard to local choice on the revenues; and WHEREAS, Isle of Wight County Board of Supervisors is of the opinion that the Act is flawed legislation in that it did not include sufficient State revenue to meet the transportation needs of the Commonwealth including the Hampton Roads region; and WHEREAS, Isle of Wight County Board of Supervisors believes that it is incumbent upon the Virginia General Assembly to review this 8 legislation during the 2008 session and to make necessary amendments to address the funding of transportation statewide; and WHEREAS, the economic vitality of Hampton Roads and Isle of Wight County and the citizens’ reasonable expectations for efficient and convenient travel require the immediate commencement of improvements to our highway system, and WHEREAS, the urgency and seriousness of the Hampton Roads regional transportation needs compels the acceptance of a flawed transportation funding plan. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, hereby urges the General Assembly to study the effect of the Act on the Hampton Roads region and to make the necessary amendments resulting from that study during the 2008 and 2009 biennium. BE IT FURTHER RESOLVED that the proposed amendments be discussed with local governments throughout the Commonwealth prior to any enactment. BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that: 1. It expresses its regret that the General Assembly abdicated its obligation to meet the transportation needs of the Commonwealth and passed on to Hampton Roads localities the responsibility for funding transportation improvements in Hampton Roads either by assessing taxes or imposing fees. 2. It is disappointed at the absence of a substantial connection between most of the taxes and fees being imposed to fund regional transportation improvements and the persons and businesses needing and benefiting from those improvements. 3. The County, as a member of the Hampton Roads Metropolitan Planning Organization, has supported over the past four years the recommendation that the State should increase the gasoline tax statewide as the preferred method of generating the necessary revenues to fund transportation improvements not only in the Hampton Roads region, but also across the Commonwealth. BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that: 9 1. The Board of Supervisors of the County of Isle of Wight, Virginia, as contemplated by the Act and in accordance therewith, hereby approves the powers granted to the Authority under the Act to impose and/or assess the fees and taxes authorized thereby and in the amounts specified therein, including a gasoline sales tax, a real property conveyance grantor’s tax, a vehicle rental tax, a vehicle safety inspection fee, an initial vehicle registration fee, a sales tax on auto repair labor, an annual vehicle registration fee and tolls, such fees and taxes constituting all of the fees and taxes authorized by the Act. 2. This resolution will take effect on July 1, 2007. 3. The Clerk of the Board of Supervisors of the County of Isle of Wight, Virginia, shall provide a copy of this resolution to the Clerks of the House of Delegates and the Senate of the Commonwealth of Virginia as soon as practicable after the effective date hereof. The motion was adopted by a vote of (3-2) with Supervisors Brown, Clark and Ivy voting in favor of the motion and Supervisors Bradshaw and Wright voting against the motion. Supervisor Bradshaw moved that he and Supervisor Clark be authorized to form a Transportation Committee with the task of developing proposed legislation, utilizing their own ideas and suggestions of the Board, Dana Dickens and Art Collins, to relieve some of the problems created by the Hampton Roads Transportation Authority. Following approval by the Board and other Hampton Roads’ localities, support will be solicited from the Delegates and Senators. The terms are to be for a minimum of three (3) years on the Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy stated creating authorities to deal with the State’s responsibilities is wrong. He stated he and other Board members had lobbied certain General Assembly members who agreed that the gas tax was the most equitable way to fund roads and then voted in favor of a transportation authority. He stated the majority of the General Assembly members who created the transportation legislation are running unopposed in the next election. He stated the best way to proceed is for everyone to ban together and show the County’s delegates and senators, who have not banned together, what true leadership is. Supervisor Bradshaw stated each Board member voted in what they thought was the best interest of the citizens of the County. He stated the Board is unified in the position that this legislation is bad legislation and all the Board members spent a great deal of time over the last several years 10 lobbying the members of the General Assembly. He stated the Board is committed to working together to make the best of the Authority. Supervisor Clark commented that the majority of the citizens who voted against the previous transportation referendum went away after it was defeated. He stated when they did not support a State-wide gas tax to fund Virginia’s critical transportation needs, Virginia ended up with something worse. He stated citizens need to be for correcting Virginia’s critical transportation problem and dedicated funding streams for transportation. He encouraged the citizens to review their own personal participation level and to speak to their legislators. He stated some of the legislators have committed to agreeing to work within the structure of the transportation authority to correct some of the inequities. // Chairman Ivy called for Special Presentations/Appearances. John M. Carlock, Deputy Executive Director, Hampton Roads Planning District Commission, presented an overview of issues related to the Sanitary Sewer Overflow Consent Order. He advised the recommended action is to adopt the Resolution contained in the agenda. Supervisor Wright moved the Board adopt the Resolution Approving Regional Sanitary Sewer Package and authorize the Chairman to sign the Consent Order and Memorandum of Agreement: RESOLUTION APPROVING REGIONAL SANITARY SEWER PACKAGE WHEREAS, the Hampton Roads Sanitation District (“HRSD”) provides sewage treatment service to the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the counties of Gloucester, Isle of Wight, and York; the James City Service Authority; and the town of Smithfield. (collectively, the “Localities”); and WHEREAS, the County of Isle of Wight and other Localities individually own and operate sanitary sewer collection systems, which collect sewage within their individual jurisdictional boundaries that is delivered to the HRSD system for treatment; and WHEREAS, due to pipe breaks, electrical outages, wet weather events, insufficient capacity in the collection, interceptor and treatment systems, and other factors, untreated sewage is, on occasion, discharged 11 from various locations in the HRSD sewer system and from the Localities’ sanitary sewer systems; and WHEREAS, at the behest of the Virginia Department of Environmental Quality (“VDEQ”), and the U.S. Environmental Protection Agency (“EPA”) and the HRSD and the Localities, working under the aegis of the Hampton Roads Planning District Commission (“HRPDC”), have expeditiously developed a comprehensive program to remedy these problems. This program consists of regional and individual elements. The regional element requires the Localities and HRSD to use uniform standards to design the infrastructure improvements needed to manage peak wet weather flows throughout the Hampton Roads Sewer System in a cost- effective manner. The HRSD and Localities are required to address their individual system conditions that cause or contribute to discharges of untreated sewage; and WHEREAS, these regional and individual commitments are set forth in the following three documents that have been developed collectively and in consultation with the staff of the VDEQ: (1) State Water Control Board Enforcement Action: Special Order by Consent Issued to the Hampton Roads Sanitation District; the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg; the counties of Gloucester, Isle of Wight and York; the James City Service Authority; and the Town of Smithfield (“Regional Consent Order”); (2) Memorandum of Agreement for Regional Sanitary Sewer System Operation, Maintenance and Enhancement (“Memorandum of Agreement”); and (3) Attachment 1 to the Special Order by Consent: Regional Technical Standards (“Regional Technical Standards”), (collectively, these documents are referred to as the “Regional Consent Order Package”); and WHEREAS, the success of these regional and individual Locality efforts depends upon the cooperative efforts of the HRSD and the Localities, and the approval of the Virginia State Water Control Board (“SWCB”) and its VDEQ staff; and WHEREAS, the ongoing efforts of the Localities and HRSD to maintain, repair and improve the sanitary sewer system at substantial cost, for the benefit of the region's quality of life, is endorsed and commended; and WHEREAS, the EPA has recently asked the U. S. Department of Justice to take judicial enforcement action against HRSD on account of such sanitary sewer overflows, and has asked the VDEQ to exclude HRSD from the Regional Consent Order Package; and WHEREAS, because any such federal judicial action would greatly delay and undermine the collective regional approach to address these overflows, and because HRSD has indicated its willingness to remain a 12 party to this regional effort despite the threat of federal action, the VDEQ staff is prepared to recommend approval by the SWCB of a Regional Consent Order Package with HRSD as a party. NOW, THEREFORE, the Board of Supervisors of Isle of Wight County hereby: (1)commends the efforts of its staff and those of the other Localities, HRSD, HRPDC, and DEQ, and their respective consultants to address and remedy this important problem; and (2) approves the Regional Consent Order Package as presented on this date to the Board of Supervisors; and (3) authorizes and directs the County Administrator to execute the Regional Consent Order and Memorandum of Agreement on behalf of the County of Isle of Wight and submit the Regional Consent Order Package to DEQ for public notice and approval by the SWCB; and (4) directs the County Administrator to bring the Regional Consent Order Package back to the Board of Supervisors for further consideration if the SWCB approval process results in any significant change from the version approved by this resolution; and (5) authorizes the County Administrator and the County Attorney to take such other actions as may be reasonably necessary to implement the intent of this resolution. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Steven C. Wright, Director of Economic Development, thanked the Board for its $1,500 annual contribution to the Small Business Development Center (SBDC). He noted that Jim Carroll with the SBDC would like an opportunity at a future date to address the Board on the activities within that organization. // Chairman Ivy called for Regional reports. Supervisor Bradshaw requested that the Social Services Board be listed on the Regional Reports sheet in future agendas. He reported that regional homelessness remains an issue. Supervisor Bradshaw reported that VACo committee meetings will begin in August and there will be a joint conference with the Virginia 13 Municipal League on August 10, 2007 in Richmond. He noted that NACo’s Annual Conference is in July. Supervisor Clark noted the Hampton Roads Partnership recently sponsored a regional forum. Supervisor Wright advised that the Western Tidewater Jail Authority is in poor financial condition due to the State taking funds away that belong to the Jail. He noted that the Interim Superintendent is doing an excellent job. // Chairman Ivy called for Transportation Matters. Sandon S. Rogers, Transportation Planner, noted that contained in the agenda is a list of VDOT responses to action items from various board meetings through May 3, 2007 for the Board’s information. He also noted that MacFarland Neblett, VDOT Waverly Residency Administrator, was in attendance. Supervisor Wright inquired about the status of the signals for fire departments and rescue squads. Mr. Rogers advised preliminary designs are anticipated in July, 2007. Supervisor Brown relayed drainage concerns with the Ealy and Copeland properties. He provided Mr. Rogers with the phone numbers and addresses and requested that he investigate the complaints. Supervisor Bradshaw inquired about the status of drainage concern in Walters. Mr. Rogers advised Supervisor Bradshaw that he is in the process of setting up a meeting with Mr. Neblett and appropriate VDOT staff to visit the site. Supervisor Bradshaw will be invited to the meeting. Chairman Ivy inquired about the status of the drainage pipes on Grace and James Streets. Mr. Neblett offered to make a site visit and check the pipe for adequacy of flow. Supervisor Bradshaw inquired about the status of an additional culvert at Zuni Circle/Route 460. 14 Mr. Neblett advised that he is still awaiting a report from the VDOT Drainage Engineer who expected to have a report by the first of July, 2007. He offered to contact Mr. Carr. Supervisor Brown relayed drainage concerns of residents in Owens Estates. Mr. Neblett offered to investigate the drainage concerns. Supervisor Bradshaw relayed that the shoulder of Carrsville Highway across from the Community Center and the Carrsville Elementary School is dropping off again. Mr. Neblett offered to investigate the drop-off of the rocks along the shoulder of the roadway. Trudy Price of 11381 Woody Acres Way (Route 699) noted a concern with dust and inquired when that roadway is anticipated to be paved. She noted that additional dust will be created if the County places the wood chipper at the old landfill site which is located at the end of the road. Supervisor Clark moved that staff be directed to develop a mitigation plan to address the County’s impact on Woody Acres Way for the Board’s consideration at its July 12, 2007 meeting. A report estimating the number of trips per day on that roadway is also to be prepared. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Citizens Comments. Grace Keen inquired about the status of the relocation of mailboxes along Route 258. Supervisor Clark moved that staff provide a status report to the Board at its July 12, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Grace Keen requested the Chairman to speak at the tree planting on June 24, 2007 at 2:00 p.m. in the Riverview Memorial Park. Supervisor Clark offered to attend on behalf of Chairman Ivy. // 15 Supervisor Clark moved that the Board amend the regular order of the agenda in order to consider the tree planting application at Riverview Memorial Park. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Ivy moved the Board authorize the Chairman to sign the tree planting application and return the donation to the applicants. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Board comments. The Board offered no comments. // Chairman Ivy called for the County Attorney’s report. Interim County Attorney Burton presented a Memorandum of Understanding with respect to the Commissioner of the Revenue for the Board’s consideration. Supervisor Bradshaw moved the Board authorize the Chairman to execute the Memorandum of Understanding on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Memorandum of Understanding with respect to the Treasurer for the Board’s consideration. Supervisor Wright moved the Board authorize the Chairman to execute the Memorandum of Understanding on behalf of the Board upon receipt of the reconciliation of the books by the Treasurer. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that the local government authority is restricted to very narrowly defined parameters under the statutes of Virginia with respect to land application of biosolids. Interim County Attorney Burton presented an amendment to the Planning Commission By-Laws for the Board’s consideration. 16 Supervisor Wright moved that the Board authorize the Chairman to execute the By-Laws of the County of Isle of Wight, Virginia, Planning Commission on behalf of the Board. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Clark absent for the vote. Interim County Attorney Burton presented a request for renewal of the agricultural lease for the fire department farm leased by Mr. Johnson. Supervisor Wright moved that the Board authorize the County Attorney to prepare the 2008 Agricultural Lease for the Johnson Farm. The motion was adopted by a vote of (3-0) with Supervisors Brown, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; Supervisor Bradshaw abstaining from voting and discussing the matter due to a potential conflict of interest; and Supervisor Clark absent for the vote. Interim County Attorney Burton advised that he had eleven (11) items to discuss with the Board later during the Closed Meeting. Interim County Attorney Burton advised that the following matters have been advertised by his office for public hearing later in the meeting: . Ordinance to Amend Chapter 12, Offenses, Section 12.1 Bad Checks; . Ordinance to Abandon Boundary Lines between lots 5, 4, 3, 2, 1, Parcel A and lots 18, 19, 20, 21, 22, 23, 24 and a Portion of the Dedicated Right-of-Way Area of Smithfield Street. // Chairman Ivy called for the Parks and Recreation report. Patrick J. Small, Assistant County Administrator, formerly introduced William L. Twine, the County’s new Director of Parks and Recreation, to the Board. Mr. Twine advised that the children’s soccer program is finishing up; the adult’s soccer program is beginning; the summer program will be th beginning soon; and preparations are complete for the July 4 fireworks celebrations in the Towns of Smithfield and Windsor. Patrick J. Small, Assistant County Administrator, advised that the reconstruction plan and schedule of anticipated costs for the Isle of Wight Museum by Commonwealth Architects has been completed and was presented to the Board at its June 14, 2007 meeting. He noted if the 17 proposal meets with the Board’s approval, staff will begin the design and engineering immediately. Supervisor Wright moved the Board authorize the recommended scope of work and the design and engineering. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown inquired about the status of the clean-up efforts at Tyler’s Beach. Mr. Twine advised a clean-up plan will be provided to the Board at its July 12, 2007 meeting. Supervisor Brown noted the need for additional trash containers and he requested that staff develop a plan by which the annual $500 usage fee from boaters outside the County can be collected. // Chairman Ivy called for the General Services report. E. Wayne Rountree, P.E., Assistant County Administrator, presented a Resolution to Appropriate Additional Funds for Refuse Disposal to cover the increase in the Southeastern Public Service Authority bill for the Board’s consideration. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE ADDITIONAL FUNDS FOR REFUSE DISPOSAL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional appropriation of $97,000 for refuse disposal; and, WHEREAS, funds in the amount of ninety-seven thousand dollars ($97,000) needs to be appropriated from the Unappropriated Fund Balance to the FY 2006-07 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that ninety- seven thousand dollars ($97,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2006-07 General Operating Budget of the County of Isle of Wight, Virginia. 18 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (3-0) with Supervisors Brown, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Ivy and Supervisor Bradshaw absent for the vote. Mr. Rountree advised that Powell Management has been selected for construction management services for the new courts building, which is anticipated to cost in excess of $20,000,000. Supervisor Bradshaw moved the Board award the contract to Powell Management and authorize the Chairman to sign the contract. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and Chairman Ivy absent for the vote. Supervisor Clark noted that at some point in time he would like staff to address the difference in cost between a school and a courts building. He noted this would help the Board in explaining the cost to citizens. Mr. Rountree advised that RFPs have been solicited for architectural work for the new courts complex, but offsite engineering will be done separately. He further advised that only one (1) proposal was received and he requested that the Board authorize staff to begin negotiations with Bury & Partners. Supervisor Wright moved the Board authorize negotiations with Bury & Partners for offsite engineering associated with the new courts facility. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright requested that Mr. Rountree provide the cost of running sewer to the Courthouse, coming from Smithfield and Windsor, to the Board for its information. Ms. Mazur advised that bids were solicited for the Heritage Park project on June 3, 2007 and construction is anticipated to begin at the end of July. She further advised that the scaled-down area that will contain this year’s Fair will not be affected. She noted that a more accurate cost estimate will be presented to the Board at its July 12, 2007 meeting. Supervisor Bradshaw noted reports for establishing grass were previously provided by the Extension Office, which were not followed. He 19 noted helpful information regarding the soils can be obtained from those experts and that knowledge can be applied to work being done at the Fairgrounds. Ms. Mazur reported that staff has been, and will continue to be, in contact with the Extension Office. // Chairman Ivy called for the Economic Development report. Steven C. Wright, Director of Economic Development, presented the 2006 Annual Economic Activity Report contained in the agenda. He noted most economic indicators compiled in that report continue to show that the County is growing at a healthy financial rate, as shown by increased real estate evaluations and increased business growth. He advised that the population growth has begun to level off at a healthy rate, as well. Supervisor Clark moved the Board approve the 2006 Annual Economic Activity Report for publication. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested that Mr. Wright review and correct the numbers that were declines, but not notated in brackets. He further requested that it be clarified that real estate relates to both land and buildings. Chairman Ivy moved that staff be directed to research and report back to the Board what new businesses are coming into the County and where they are located. The motion was adopted by a vote of (3-0) with Supervisors Bradshaw, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisors Brown and Clark absent for the vote. Mr. Wright notified the Board only one (1) response was received responsive to the RFP solicited for a PACE Program Appraiser. Supervisor Bradshaw moved that the contract be awarded to Thomas Tye & Associates, Inc. for the PACE Program Appraiser and that the Chairman be authorized to sign the contract documents pending approval of the Interim County Attorney. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. // 20 Chairman Ivy called for the Emergency Management report. Patrick J. Small, Assistant County Administrator, stated pursuant to the State’s requirement that the County perform an update of its Emergency Operations Plan in 2008, included in the agenda is a draft Plan in preparation for the 2008 update for the Board’s perusal. He noted staff is in the final stages of contract negotiations with Howlett & Associates, who are assisting staff in the review and update of the Plan in the Emergency Operations Center. He advised that a table-top exercise will be conducted by staff utilizing the current Plan in an effort to increase preparedness. He noted that contrary to what has been printed in a local newspaper that the County is not prepared, the County is indeed prepared. He noted that the news media is failing to contact Mr. Robertson to obtain appropriate information, but hopefully in the future, the news media will be fully informed before they produce such material. Supervisor Bradshaw inquired what action staff has taken to address senior citizens that live alone in the County and will need to be identified and evacuated in the event of an emergency. Mr. Small replied that extensive documentation is produced by the County on preparedness procedures and it is the responsibility of individuals to be prepared now, before a storm. He advised that fire and rescue and deputies are not deployed until after the event, at which time they can collect individuals. He advised that the County has obtained emergency generators, which are located at the County’s three (3) Red Cross approved shelters, which can accommodate individuals. He advised that the school cafeterias can be opened immediately and staff can otherwise begin to provide comfort to the seniors. He concluded that assuming that a senior does not have a serious medical condition, in which case they would be transported to Obici Hospital, the County is capable of addressing seniors’ needs in the County in the event of an emergency. Supervisor Wright noted that he would like to see hurricane guides placed in the various local newspapers which contain information relative to storm categories, flood types, flood plains, shelters and their respective telephone numbers and weather channels. He provided a sample from a South Carolina newspaper and requested that Mr. Small provide it to one of the local newspapers and encourage them to do something similar in order to better serve the citizens of the County. Chairman Ivy noted it is critical that citizens must first heed a warning of evacuation and be prepared to sustain themselves and family for a period of 72 hours following an event. Mr. Small advised that the upcoming County’s newsletter contains an article about emergency preparedness and a segment of “The County Beat” will be aired in the near future addressing preparedness. 21 Liesl R. DeVary, Director of Budget and Finance, advised that the requested changes in the CIP by the Carrollton Volunteer Fire Department covers a four-year fiscal year period. She stated a minimal savings of $23,000 to $123,000 over the four-year period can be realized by moving the items, assuming that the Department will receive the $100,000 grant in fiscal year 2009. She advised that the primary request is to move the engine replacement scheduled in fiscal year 2009-2010 to 2010-2011 in the amount of $300,000 to fiscal year 2008. She noted a budgetary impact will result in the amount of $277,000 and there is not $277,000 in next year’s budget that is available. She noted her recommendation is to wait for six (6) months, at which time there may be other changes in the Capital Budget and the funds might be able to be redirected. She noted a worst case scenario would be that the request be considered during the CIP process to move the engine replacement up so that it would be available one (1) year from now. SupervisorClark moved the Board delay action for a period of six (6) months and that staff be directed to bring the matter back up at the Board’s October 30, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Small advised that staff will be moving forward with the selection process for the position of Coordinator of Fire and EMS in a timely fashion. He formally introduced Rusty Chase, the individual who will be serving in that position on a short-term basis. He noted that Mr. Chase has also offered to assist the County in the Emergency Operations Center in the event of an emergency. Mr. Chase distributed handouts in reference to the information obtained by the Swift Water Rescue Committee, which reviewed the vendors for the swift water rescue boat. He noted the Committee’s recommendation is to pursue Best Sales and Service which provides for Rescue One, a leading provider of rescue boats for swift water rescue. He noted the final cost of the five (5) boats, which includes upgrade of the motors and delivery charge, is $110,211. He noted accessories for the boats, such as rescue ropes and life jackets, are needed, as well as training for personnel, which will be provided by the United States Coast Guard. He stated delivery date is based on availability and how many boats are ordered. He noted that one or two boats could be delivered within six (6) weeks, or there is a possibility if the County orders all five (5) boats immediately that they could be delivered within eight (8) weeks. Mr. Small requested the Board approve the Resolution to Appropriate Funds for the Purchase of Emergency Fire and Rescue Equipment contained in the agenda, as amended in the amount of $111,000, which has the approval of the Fire and Rescue Association. 22 Supervisor Wright moved the Board adopt the following Resolution in the revised amount of $111,000: RESOLUTION TO APPROPRIATE FUNDS FOR THE PURCHASE OF EMERGENCY FIRE AND RESCUE EQUIPMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase of emergency fire and rescue equipment; and, WHEREAS, funds not to exceed the amount of one hundred eleven thousand dollars ($111,000) needs to be appropriated from the Unappropriated Fund Balance to the FY 2006-07 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia an amount not to exceed one hundred eleven thousand dollars ($111,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2006-07 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Assistant County Administrator Small advised that because the County’s purchase of the boats would cause the boats to be owned by the County, it is the recommendation of the Director of Budget and Finance that the various fire/rescue operations accept the boats in the form of a donation, allowing them to take ownership of the boats. // Chairman Ivy called for the County Administrator’s report. County Administrator Caskey presented a Resolution to Honor the Individuals Impacted by the Tragedy at Virginia Tech for the Board’s consideration. Supervisor Bradshaw moved the Board adopt the following Resolution for presentation at the memorial garden dedication proposed for June 24, 2007: 23 RESOLUTION TO HONOR THE INDIVIDUALS IMPACTED BY THE TRAGEDY AT VIRGINIA TECH WHEREAS, on April 16, 2007, 32 lives were lost and many individuals were seriously injured in an unimaginable tragedy that occurred at Virginia Tech in Blacksburg, Virginia; and, WHEREAS, the tragic events at Virginia Tech profoundly affected our nation and our community; and, WHEREAS, the Isle of Wight County community was shocked and deeply saddened by the loss of Miss Nicole Regina White, an active volunteer who cared deeply for people and animals in need; and, WHEREAS, the community was further impacted by the injuries sustained by Mr. Matthew Webster; and, WHEREAS, even in the midst of tragedy, the community was uplifted by the heroism of Mr. Zach Petkewicz and the poise and maturity displayed by the students, faculty, and staff of Virginia Tech. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to honor the individuals and families impacted by the tragedy at Virginia Tech and express its deepest sympathies for the untimely loss of life of Miss Nicole R. White. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey informed the Board that a presentation version of the Resolution would be presented at the ceremony on June 24, 2007. Mr. Wright stated responsive to the Board’s direction at its April 5, 2007 meeting, staff has facilitated a strategic dialogue and summary statement relative to education in the County, specifically a Workforce Development Center and Community College campus. Supervisor Bradshaw moved the Board adopt the Strategic Summary Statement. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 24 County Administrator Caskey presented a Resolution to Accept and Appropriate State Funds for Comprehensive Services for the Board’s consideration. Supervisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE STATE FUNDS FOR COMPREHENSIVE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of up to one hundred twenty-one thousand eight hundred ninety-six dollars ($121,896) from the Unappropriated Fund Balance of the General Fund; and, WHEREAS, funds in the amount of one hundred eighteen thousand one hundred and four dollars ($118,104) or so much as shall be received needs to be accepted and appropriated from the Commonwealth to the FY 2006-07 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred twenty-one thousand eight hundred ninety-six dollars ($121,896) from the Unappropriated Fund Balance of the General Fund and one hundred eighteen thousand one hundred and four dollars ($118,104) or so much as shall be received in State Revenues be appropriated to the FY 2006-07 Comprehensive Services Act Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey informed the Board that the County was the recipient of a 2007 NACo Achievement Awards for a program recognizing the Social Services Work Redesign and the County’s Rural Economic Development Program, which was also designated by NACo as the best of category and the best of overall rural program. He noted that the awards would be presented at the NACo Conference in July, 2007 and he would ensure Rachel Morris was present to receive her award. 25 Interim County Attorney Burton presented a professional services agreement between the County and URS for the Benns Grant project for the Board’s consideration. Supervisor Clark moved the Board approve the Agreement between the County and URS for the Benns Grant project and authorize the Chairman to sign on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney presented a Third Amendment to the Reciprocal Land for Tower Space Agreement between the Board and American Tower for the Board’s consideration. Supervisor Clark moved the Board approve the Third Amendment to the Reciprocal Land for Tower Space Agreement with American Tower and authorize the Chairman to sign on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Clark moved the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for consideration of the Consent Agenda. A. Pesticide Container Recycling Program . Resolution to Accept and Appropriate $1,875 from the Commonwealth of Virginia Department of Agriculture and Consumer Services B. County Policy Amendment . Resolution to Amend the County Policy Manual Chapter 7, Article III 26 C. Personnel Policy Amendment . Resolution to Amend the County Policy Manual Chapter 1, Article IV D. Personnel Policy Amendment . Resolution to Amend the County policy Manual Chapter 1, Article VIII, Section 8.4 E. Proposed Dominion Virginia Power 500 Kilovolt Transmission Line to be located within Isle of Wight County F. April 21, 2007 Town Meeting Minutes G. May 1, 2007 Joint Meeting Minutes Supervisor Bradshaw moved that Items (B) and (C) be removed and that the remaining items on the Consent Agenda be adopted. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (B), Resolution to Amend the County Policy Manual Chapter 7, Article III, Supervisor Bradshaw moved that the Director of Human Resources, in conjunction with the Interim County Attorney, develop less restrictive language that allows more flexibility on employees to be exempted if they are unable to report to work because of inaccessibility. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (C), Resolution to Amend the County Policy Manual Chapter 1, Article IV, Supervisor Brown moved the Resolution be adopted. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Appointments. Supervisor Clark moved that Jerome Richardson be appointed to serve on Opportunity, Inc., replacing Richard L. Turner. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // 27 Chairman Ivy called for Old Business. Supervisor Bradshaw requested that County Administrator Caskey set up a meeting with the Carrsville Post Master and notify him accordingly of the date of the meeting so that he can be in attendance. // Chairman Ivy called for New Business. Supervisor Wright moved the Board authorize the County Attorney to send letters to all candidates of the past election notifying them that the County’s Ordinance, which contains a penalty clause, requires removal of political signs following elections. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Kari L. Sletten, Director of Information Technology, requested an opportunity to distribute and provide the necessary training to the Board on its new laptop computers. The Board concurred with having a special meeting on July 12, 2007 at 3:00 p.m. for the purpose of conducting a training exercise on the Board’s new laptop computers. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to a specific contract regarding Founder’s Pointe Subdivision; pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to a specific contract regarding Lawnes Pointe Subdivision; pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; pursuant to Section 2.2-3711.A.3 for discussion with legal counsel regarding the acquisition of real property; pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; pursuant to Section 2.2-3711.A.1 for consultation with legal counsel requiring the provision of legal advice pertaining to a personnel matter; pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to a specific contract; pursuant to Section 2.2-3711.A.1 for consultation with legal counsel requiring the provision of legal advice pertaining to two (2) personnel matters of two (2) specific public officials; 28 pursuant to Section 2.2-3711.A.3 for discussion with legal counsel regarding the acquisition of real property; and pursuant to Section 2.2-3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to negotiations of a specific contract. Supervisor Bradshaw moved the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy 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, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw 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: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 Supervisor Clark moved that the Board deny the claim for damages as brought to the Board by the County Attorney during the Closed Meeting. 29 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved the Board authorize the Chairman to sign an agreement in regards to Lawnes Creek as discussed in the Closed Meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Public Hearings. Supervisor Clark moved that Item (F) under Public Hearings be heard as the first public hearing. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: An Ordinance to Abandon a Portion of Plat Including a Portion of the Dedicated Right-of-Way Area of Smithfield Street in the Battery Park Subdivision. Interim County Attorney Burton certified that the Ordinance had been property advertised. He clarified that in addition to Smithfield Street, it is also to abandon the boundary lines between Lots 5, 4, 3, 2, 1, Parcel A and Lots 18, 19, 20, 21, 22, 23 and 24. Chairman Ivy called for persons to speak in favor of or in opposition to the ordinance. O. A. Spady, President, Battery Park Realty, Inc., explained that the subdivision was platted in 1915 and the lots are not as he would like them to be today. He stated it is requested that the boundary lines be abandoned and that the parcel be made into one (1) Parcel 18. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO ABANDON A PORTION OF PLAT INCLUDING A PORTION OF THE DEDICATED RIGHT-OF-WAY AREA OF SMITHFIELD STREET IN THE BATTERY PARK SUBDIVISION 30 WHEREAS, prior to 1915, the Battery Park Improvement Company was the owner of certain real estate situated in the Newport Magisterial District in Isle of Wight County, Virginia (the “Subdivision Property”), which it had acquired by certain deeds duly recorded in the Clerk’s Office of the Circuit Court of the said County in Deed Book 55, at page 364, Deed Book 64, at page 98, Deed Book 67, at page 399, and Deed Book 81, at Page 90 (together, the “Vesting Deeds”); and, WHEREAS, the said Battery Park Improvement Company on December 30, 1915, caused to be made a plat or map of the Subdivision Property by Fitchett and Young, Civil Engineers, and the said plat or map, styled “Map of Property of Battery Park Impt. Co., Battery Park, Va.”, has been duly recorded in the Clerk’s Office of the said Circuit Court in Plat Book 1, at page 70A (the “Original Plat”); and, WHEREAS, the Original Plat shows a small portion of the Subdivision Property subdivided into blocks, bearing Nos. 1 to 16, inclusive, with certain streets and roads being shown thereon; and, WHEREAS, many of said streets have never been developed, and one, Hampton Street, has been partially vacated by an Instrument recorded in the Clerk’s Office for the Circuit Court of Isle of Wight County, Virginia, in Deed Book 156, at page 154, on April 29, 1959; and WHEREAS, by deed dated May 18, 1951, recorded in the Clerk’s Office aforesaid in Deed Book 136, at page 319, the Battery Park Improvement Company conveyed a portion of the Subdivision Property to O. A. Bloxom (the “BP Property”); and WHEREAS, the BP Property was devised to Elizabeth B. Spady and Lawrence M. Spady by wills of O. A. Bloxom, recorded in the Clerk’s Office aforesaid in Will Book 37, page 58, and will of Missouri H. Bloxom, his widow, recorded in Will Book 37, at page 551; and WHEREAS, Lawrence Melvin Spady and Elizabeth Bloxom Spady conveyed said BP Property to Battery Park Realty Corporation by deed dated December 30, 1987, recorded in the Clerk’s Office aforesaid, in Deed Book 336, at page 814, on December 31, 1987; and WHEREAS, there is shown on the Original Plat a certain proposed street which is designated on the Original Plat as “Smithfield St.”, which runs between blocks 5, 9, and 12 on the north, and 8, 9, and 11 on the south, running in an east to west direction intersecting Todd Avenue at approximately right angles; and WHEREAS, the said proposed Smithfield Street was never opened, graded or otherwise improved and has never been marked off and designated on the ground, and exists only on the Original Plat, never having at any time 31 been used by any persons or parties owning any part of the land formerly belonging to the Battery Park Improvement Company, its successors or assignees, for public or private travel or otherwise; and WHEREAS, Battery Park Realty Corporation is the owner of all the land adjoining the said proposed Smithfield Street on both the northern and southern sides thereof on the west side of Todd Avenue, from the eastern boundaries of lots 20 and 5 west to the terminus of said street; and WHEREAS, Battery Park Realty Corporation has caused to be made a plat of that portion of the Battery Park Subdivision, including all the BP Property, and the said proposed Smithfield Street on the west side of Todd Avenue, Route 704, and all lots adjacent thereto and served thereby; said plat being entitled PLAT OF ADDITIONS TO LOT 18 BLOCK 12 BATTERY PARK IMPROVEMENT COMPANY, BEING PART OF THE PROPERTY OF BATTERY PARK REALTY CORPORATION, DEED BOOK 336, PAGE 814, LOCATED IN NEWPORT MAGISTERIAL DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA, EMIN B. HOLLEY, JR., CERTIFIED LAND SURVEYOR, SMITHFIELD, VIRGINIA, DECEMBER 11, 2006 (the “New Plat”); and WHEREAS, Battery Park Realty Corporation desires that the said proposed Smithfield Street (or a portion thereof) be vacated and abandoned as follows: Beginning at an iron stob on the Northern boundary of said proposed Smithfield Street at the Southeastern corner of Lot 20; thence South 85 degrees 23 minutes 20 seconds West along the Southern boundary of lots 20, 21, 22, 23, 24, and Parcel B to the terminus of said street at the western boundary of Parcel B; thence South 4 degrees 36 minutes 40 seconds East for a distance of 50 feet to the Northwestern corner of Parcel A as shown on said plat; thence North 85 degrees 23 minutes 20 seconds East along the Northern boundary of Parcel A and continuing along the Northern boundary of lots 1, 2, 3, 4, and 5 to an iron stob located at the Northeastern corner of Lot 5 on the Southern boundary line of said street; thence North 4 degrees 36 minutes 40 seconds West a distance of 50 feet to the point of beginning; all as shown on that certain plat of survey entitled PLAT OF ADDITIONS TO LOT 18 BLOCK 12 BATTERY PARK IMPROVEMENT COMPANY, EMIN B. HOLLY, JR., CERTIFIED LAND SURVEYOR, SMITHFIELD, VIRGINIA, DATED DECEMBER 11, 2006, attached hereto and made a part hereof; and WHEREAS, Battery Park Realty Corporation has requested this ordinance be adopted by the Board of Supervisors of Isle of Wight County, Virginia to vacate and abandon the hereinabove described portion of the said proposed Smithfield Street (the “Vacated Parcel”) and to cancel the designation thereof on the Original Plat as a proposed street, so that the 32 Vacated Parcel shall belong to Battery Park Realty Corporation, it being the owner of all lots abutting the Vacated Parcel; and Beginning at an iron stob on the Northern boundary of said Smithfield Street at the Western boundary line of Lot 17; thence South 85 degrees 23 minutes 20 seconds West 60.00 feet to an iron stob on the Northern side of Smithfield Street, a corner; thence South 4 degrees 36 minutes 40 seconds East 50.00 feet to an iron stob at the Western boundary line of Lot 6; thence along the Western boundarly line of Lot 6 South 4 degrees 36 minutes 40 seconds East 120.00 feet to an iron stob, a corner; thence South 85 degrees 23 minutes 20 seconds West 448.65 feet, plus or minus, to a point, a corner as shown on said plat; thence North 1 degree 04 minutes 27 seconds East 161.06 feet (TIE) to a point, a corner as shown on said plat; thence North 79 degrees 39 minutes 52 seconds East 113.69 feet (TIE) to a point, a corner as shown on said plat; thence North 6 degrees 53 minutes 00 seconds West 118.49 feet (TIE) to a point, a corner; thence North 85 degrees 23 minutes 20 seconds East 384.26 feet, plus or minus, to an iron stob at the Western boundary at Lot 17, a corner; thence along the Western boundary of Lot 17 South 4 degrees 36 minutes 40 seconds East 120.00 feet to an iron stob on the Northern boundary of Smithfield Street, the point of beginning. It being the express intent of Battery Park Realty Company to vacate all boundary lines of all parcels within the herein described boundary line so that the following lots will no longer exist as individual lots: lots 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, parcel 24A, parcel A, parcel B, “addition to Lot 18”, and that portion of said street as hereinabove described. WHEREAS, Battery Park Realty Corporation has requested this ordinance be adopted by the Board of Supervisors of Isle of Wight County to vacate and abandon the herein above described portion of the said proposed street and to cancel the designation thereof on the said plat of survey as a proposed street, so that portion of proposed street vacated shall belong to Battery Park Realty Corporation, the owner of all lots abutting on the portion of the street to be vacated; and WHEREAS, the General Assembly of Virginia has authorized governing bodies of counties to abandon plats or portions thereof, in cases where any lot has been sold, by Section 15.2-2272 of the Code of Virginia of 1950, as amended; and WHEREAS, the governing body of the County of Isle of Wight, Virginia, pursuant to Section 15.2-2272 of the Code of Virginia, has given notice (in accordance with Section 15.2-2204 of the Code of Virginia) of a public hearing of said governing body for the adoption of an ordinance for the abandonment of said street undeveloped, never opened, nor graded or otherwise improved, being only a proposed street designed on said plat of survey as Smithfield Street, and after conducting the public hearing as 33 advertised, the Board of Supervisors of Isle of Wight County, Virginia, is of the opinion that the portion of the proposed plated street as described hereinabove running west from the eastern boundaries of lots 20 and 5, serve no private purpose and that the abandonment of said portion of proposed street will vest ownership in said abandonment property in the abutting property owner who is Battery Park Realty Corporation, and consequently said portion of the proposed Smithfield Street in the Battery Park subdivision running west from the eastern boundaries of Lots 20 and 5 to its terminus at the marsh as shown on that plat entitled PLAT OF ADDITIONS TO LOT 18 BLOCK 12 BATTER PARK IMPROVEMENT COMPANY, EMIN B. HOLLY, JR. CERTIFIED LAND SURVEYOR, SMITHFIELD, VIRGINIA , DATED DECEMBER 11, 2006, be, and the same is hereby abandoned pursuant to Section 15.2-2272 of the Code of Virginia 1950, as amended; and further that the boundary lines of lots: 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, parcel 24A, parcel A, parcel B, “addition to Lot 18”, be and the same are hereby vacated to the effect that the property embodied by said lots will constitute one parcel of land described as follows: Beginning at an iron stob on the Northern boundary of said Smithfield Street at the Western boundary line of Lot 17; thence South 85 degrees 23 minutes 20 seconds West 60.00 feet to an iron stob on the Northern side of Smithfield Street, a corner; thence South 4 degrees 36 minutes 40 seconds East 50.00 feet to an iron stob at the Western boundary line of Lot 6; thence along the Western boundary line of Lot 6 South 4 degrees 36 minutes 40 seconds East 120.00 feet to an iron stob, a corner; thence South 85 degrees 23 minutes 20 seconds West 448.65 feet, plus or minus, to a point, a corner as shown on said plat; thence North 1 degree 04 minutes 27 seconds East 161.06 feet (TIE) to a point, a corner as shown on said plat; thence North 79 degrees 39 minutes 52 seconds East 113.69 feet (TIE) to a point, a corner as shown on said plat; thence North 6 degrees 53 minutes 00 seconds West 118.49 feet (TIE) to a point, a corner; thence North 85 degrees 23 minutes 20 seconds East 384.26 feet, plus or minus, to an iron stob at the Western boundary line of Lot 17, a corner; thence along the Western boundary line of Lot 17 South 4 degrees 36 minutes 40 seconds East 120.00 feet to an iron stob on the Northern boundary of Smithfield Street, the point of beginning; all as shown on the aforesaid plat entitled PLAT OF ADDITIONS TO LOT 18 BLOCK 12 BATTERY PARK IMPROVEMENT COMPANY, EMIN B. HOLLY, JR., CERTIFIED LAND SURVEYOR, SMITHFIELD, VIRGINIA, DATED DECEMBER 11, 2006. NOW THEREFORE BE IT ORDAINED, in consideration of the foregoing recitals and in accordance with Section 15.2-2272 of the Code of Virginia, said street undeveloped, never opened, nor graded or otherwise improved, being only a proposed street designed on said plat of survey as Smithfield Street, and after conducting the public hearing as advertised, the Board of Supervisors of Isle of Wight County, Virginia, is of the opinion 34 that the portion of the proposed plated street as described hereinabove running west from the eastern boundaries of lots 20 and 5, serve no private purpose and that the abandonment of said portion of proposed street will vest ownership in said abandonment property in the abutting property owner who is Battery Park Realty Corporation, and consequently said portion of the proposed Smithfield Street in the Battery Park subdivision running west from the eastern boundaries of Lots 20 and 5 to its terminus at the marsh as shown on that plat entitled PLAT OF ADDITIONS TO LOT 18 BLOCK 12 BATTER PARK IMPROVEMENT COMPANY, EMIN B. HOLLY, JR. CERTIFIED LAND SURVEYOR, SMITHFIELD, VIRGINIA , DATED DECEMBER 11, 2006, be, and the same is hereby abandoned pursuant to Section 15.2-2272 of the Code of Virginia 1950, as amended; and further that the boundary lines of lots: 1, 2, 3, 4, 5, 18, 19, 20, 21, 22, 23, 24, parcel 24A, parcel A, parcel B, “addition to Lot 18”, be and the same are hereby vacated to the effect that the property embodied by said lots will constitute one parcel of land described as follows: Beginning at an iron stob on the Northern boundary of said Smithfield Street at the Western boundary line of Lot 17; thence South 85 degrees 23 minutes 20 seconds West 60.00 feet to an iron stob on the Northern side of Smithfield Street, a corner; thence South 4 degrees 36 minutes 40 seconds East 50.00 feet to an iron stob at the Western boundary line of Lot 6; thence along the Western boundary line of Lot 6 South 4 degrees 36 minutes 40 seconds East 120.00 feet to an iron stob, a corner; thence South 85 degrees 23 minutes 20 seconds West 448.65 feet, plus or minus, to a point, a corner as shown on said plat; thence North 1 degree 04 minutes 27 seconds East 161.06 feet (TIE) to a point, a corner as shown on said plat; thence North 79 degrees 39 minutes 52 seconds East 113.69 feet (TIE) to a point, a corner as shown on said plat; thence North 6 degrees 53 minutes 00 seconds West 118.49 feet (TIE) to a point, a corner; thence North 85 degrees 23 minutes 20 seconds East 384.26 feet, plus or minus, to an iron stob at the Western boundary line of Lot 17, a corner; thence along the Western boundary line of Lot 17 South 4 degrees 36 minutes 40 seconds East 120.00 feet to an iron stob on the Northern boundary of Smithfield Street, the point of beginning; all as shown on the aforesaid plat entitled PLAT OF ADDITIONS TO LOT 18 BLOCK 12 BATTERY PARK IMPROVEMENT COMPANY, EMIN B. HOLLY, JR., CERTIFIED LAND SURVEYOR, SMITHFIELD, VIRGINIA, DATED DECEMBER 11, 2006, is hereby vacated and abandoned pursuant to Section 15.2-2272 of the Code of Virginia of 1950, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: 35 The application of David A. and Amy M. Stoup, owners, for a Conditional Use Permit to establish a recreational vehicle sales and service operation on approximately 1.18 acres of land located at 21373 Brewer’s Neck Boulevard, Carrollton, in the Newport Election District. Amy Ring, Assistant Director of Planning and Zoning, presented the application to the Board. Chairman Ivy called for persons to speak in favor of or in opposition to the application. David A. Stoup, applicant, advised that additional evergreen landscaping had been added on the front of each side and there would be an additional three (3) spaces in the back for a total of twelve (12). Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of David A. and Amy M. Stoup as conditioned by the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: The application of C. Leonard Willis Trustee, owner, and Universal Wireless, LLC, applicant, for a Conditional Use Permit to construct a 195’ monopole communications tower with a 4’ lightning rod on approximately 8.224 acres of land located at the north intersection of Smith’s Neck Road (Rt. 665) and Old Macklesfield Road, in the Newport Election District. Ms. Ring presented the application. Chairman Ivy called for persons to speak in favor of or in opposition to the application. C. E. Forehand, representative on behalf of Universal Wireless, stated NTelos Communications has signed a lease to be the primary carrier. He stated there are letters from citizens who desire additional coverage in this area and great care has been taken in locating a site that has natural buffering while providing needed coverage to the citizens in this area. Chairman Ivy closed the public hearing and called for comments from the Board. 36 Supervisor Brown moved the Board approve the application of C. Leonard Willis Trustee, subject to the six (6) stipulations by the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: The application of Carlton D. O’Neal, owner, and St. Luke’s Village, LLC, applicant, for a change in zoning classification from Conditional- Rural Agricultural Conservation (C-RAC) to Conditional-Planned Development-Mixed Use (C-PD-MX) of approximately 4.7 acres of land located on the north side of Brewer’s Neck Boulevard (Route 258/10) approximately 1200 feet from the intersection of Brewer’s Neck Boulevard and Benns Church Boulevard in the Newport Election District. The purpose of the application is to develop 40 residential units consistent with the adjacent St. Luke’s Village. Ms. Ring presented the application. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Brandon Currence, Architect representing the applicant, briefed the Board on the history of the property stating that it was rezoned in 1986 as commercial with a hotel. When St. Luke’s Village began negotiations, it was done with a hotel in mind believing that a hotel was what the County desired. In 2005, the zoning was changed back to RAC with the retention of the proffered conditions to allow a hotel. After meeting with the Planning Commission, residents and St. Luke’s Church, it was determined that what was wanted was residential, not a hotel. There will be sixteen (16) live/work units; fifteen (15) town homes and nine (9) single-family residences, of which four (4) of these units will be allocated as workforce housing. He stated the applicant has proffered to be consistent with the Roadmap for Growth document and the design architecture and the materials will be consistent with what is approved for St. Luke’s Village. A cash proffer is offered in the amount of $11,189 on the units with the exception of the workforce housing units. A proffer of $25,000 has been offered for the improvement to Benn’s Church intersection and a proffer of a seven (7) year Sunset Clause on the rezoning because this will most likely be the last phase developed at that location. A Water Quality Assessment will be prepared prior to platting and agree to preserve the trees on the site wherever possible. Also included is a combined cap of 100 units per year and agree to cooperate with the County’s Affordable Housing Task Force. Regarding 37 traffic impact, proffers have been made to make the improvements, at the County’s discretion, to the current Benn’s Church intersection as recommended on May 16, 2007 by LandMark Design Group and approved by the County’s traffic consultant. At the County’s discretion, all or a portion of the total funds from this and St. Luke’s Village can be credited to the improvements of the current intersection or at the relocation of the intersection. Chairman Ivy closed the public hearing and called for comments from the Board. Chairman Ivy inquired if the walkway in front of the homes next to the lake is open to the public. Mr. Currence replied that the walkway is open to the public and is an extension of the St. Luke’s Village walkway trail. Supervisor Clark inquired if the old large trees next to the old home will be retained. Mr. Currence replied that some of the old large trees will be removed, but he is unsure how many until the final design is complete. Supervisor Clark inquired what “heavily buffered” means. Mr. Currence replied that there will be a low planting of Cypress trees, followed by a medium planting of some type, utilizing the existing trees as the high buffer. Supervisor Clark inquired how far away are the back yards of Queen Anne’s Courts. Mr. Currence replied approximately thirty (30) feet. Supervisor Bradshaw noted a concern with the vegetative buffer and stated he would address it in the site plan phase. Supervisor Clark moved the Board approve the application of Carlton D. O’Neal. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: An ordinance to amend the following sections of Appendix B, Zoning: Limited Industrial (LI) District, Bulk Regulations, Section 4-11005.C (Minimum Setback Requirements) to reduce front yard setbacks for industrial uses in designated industrial parks from 100 feet to 50 feet; 38 General Industrial (GI) District, Bulk Regulations, Section 4-12005.C (Minimum Setback Requirements) to reduce front yard setbacks for industrial uses in designated industrial parks from 100 feet to 50 feet; General Industrial Conservation (GIC) District, Bulk Regulations, Section 4-13005.B (Minimum Setback Requirements) to reduce front yard setbacks for industrial uses in designated industrial parks from 100 feet to 50 feet; Supplementary Use Regulations; and, Supplementary Use Regulations, Supplementary Use Regulations for Agricultural Use Types, Section 5-5001.G (Stable, Private) to reduce the minimum number of acres required from three acres to two acres. Ms. Ring presented the proposed Ordinance to the Board. Chairman Ivy called for persons to speak in favor of or in opposition to the ordinance. Kathy McGuillen, 11712 Magnet Drive, spoke in favor of the acreage being reduced from three (3) acres to two (2) acres. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance as presented by the Planning Commission: AN ORDINANCE TO AMEND Appendix B, Zoning, of the Isle of Wight County Code WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the clarity of the County’s ordinances as well as the ability to provide flexibility in their administration while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County Codebe amended as follows: 4-11000 Limited Industrial (LI) District 4-11005 Bulk Regulations C.Minimum setback requirements: 39 1.Front yard: 35 feet a.Industrial uses shall meet a setback of 100 feet from the right-of-way of any existing street which abuts or borders the use, except that uses located within a designated industrial park of 20 acres or more shall meet a setback of 50 feet from any street right-of-way. b.For lots within a designated industrial park of 20 acres or more, office buildings associated with the industrial use shall meet a setback of 35 feet. 4-12000 General Industrial (GI) District 4-12005 Bulk Regulations C. Minimum setback requirements: 1. Front Yard Setback: 35 feet a. Industrial uses shall meet a setback of 100 feet from the right- of-way of any existing street which abuts or borders the use, except that uses located within a designated industrial park of 20 acres or more shall meet a setback of 50 feet from any street right-of-way. b. For lots within a designated industrial park of 20 acres or more, office buildings associated with the industrial use shall meet a setback of 35 feet. 4-13000 General Industrial Conservation (GIC) District 4-13005 Bulk Regulations B. Minimum setback requirements: 1. Front yard: 35 feet a. Industrial uses shall meet a setback of 100 feet from the right- of-way of any existing street which abuts or borders the use, except that uses located within a designated industrial park of 20 acres or more shall meet a setback of 50 feet from any street right-of-way. b. For lots within a designated industrial park of 20 acres or more, office buildings associated with the industrial use shall meet a setback of 35 feet. 40 Section 5-5001 Supplementary Use for Agricultural Types G. Stable, Private A private stable may be permitted subject to the following provisions: 1. A minimum of two (2) acres shall be required for a private stable and no more than one horse per acre, excluding one acre for the residence, shall be allowed on any lot. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: An Ordinance to Amend Chapter 12. Offenses. Section 12.1. Bad Checks. Chairman Ivy called for persons to speak in favor of or in opposition to the ordinance. No one spoke in favor of or in opposition to the proposed Ordinance. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 12. OFFENSES. SECTION 12.1. BAD CHECKS WHEREAS, Section 15.2-106 of the Code of Virginia (1950, as amended) empowers any county, by ordinance, to provide for a fee, for the passing of any bad check or draft; and WHEREAS, following a public hearing held in accordance with the Code of Virginia, the Board of Supervisors of Isle of Wight County has determined that it is in the best interest of Isle of Wight County, Virginia (the “County”) for the County to impose such a fee. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 12. Offenses, Section 12-1. Bad Checks. of the Isle of Wight County Code be amended to read as follows: 41 Sec. 12-1. Bad Checks. Any person who utters, publishes or passes any check or draft for the payment of taxes or any other sums due the county which is subsequently returned for insufficient funds or because there is no account or the account has been closed, shall pay a fee to the county in the amount of thirty-five dollars ($35.00). For state law as to authority of the county to enact this section, see Code of Va., § 15.2-106. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // At 8:35 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Stan D. Clark, Vice-Chairman ______________________ Carey Mills Storm, Clerk 42