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02-21-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice-Chairman Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: Mark C. Popovich, Assistant County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Clark introduced Jerica Robertson, a seventh-grade student from Smithfield Middle School, who called the meeting to order at 4:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. AssistantCounty Attorney Popovich offered the following amendments to the agenda: Under New Business, add an item relative to the presentation of a petition regarding sewage/septic tanks from Orchards Garden Thomas Park Citizens Group; under the County Attorney?s Report, add an Item (H) regarding authorization of a Change Order with Sunward HTE Inc. for the backup server and software purchase for the Emergency Communications Department; under Special Presentations, add a presentation from Lou Haddad, Armada Hoffler; under Special Presentations, the first three (3) presentations should be 1) Resolutions of Appreciation, 2) Lou Haddad/Armada Hoffler and 3) YMCA, with the other presentations following accordingly; under Special Presentations, add an Item (J), regarding a Multi-Modal Grant application; under the Parks and Recreation report, remove the item relating to the 2008 County Fair and take it up for discussion following Special Presentations out of deference to the Chairman of the Fair Committee who is present to be recognized for his efforts with Fort Huger; under the Parks and Recreation report, remove the item relating to the Isle of Wight County Museum and take it up for discussion following Transportation Matters to allow members of the 1 Museum Foundation and citizens to speak to the matter during Citizens Comments and defer the item to Old Business for action; under the County Administrator?s report, add Item (E), a report entitled ?Town Meeting?; under the County Administrator?s report, add Item (F), a report entitled ?Olde Town Curb Market?; and, under Old Business, add a Resolution in Support of the Funding of an Educational Building for Eastern Virginia Medical School. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations/Appearances. Chairman Clark recognized Jerianne C. Gardner, Thomas Finderson, David Russell Sawyer, Albert P. Burckard, Jr., Paul C. Harvey, Jr., Gary Trout, Billie R. Cook and James S. Blesse for their efforts relative to the preservation of Fort Huger. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For Jerianne C. Gardner Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, Jerianne C. Gardner selflessly gave countless hours of her personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Jerianne C. Gardner be recognized and commended for her valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. 2 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For Thomas Finderson Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, Thomas Finderson selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Thomas Finderson be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For David Russell Sawyer Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, David Russell Sawyer selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, 3 educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that David Russell Sawyer be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For Albert P. Burckard, Jr. Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, Albert P. Burckard, Jr. selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Albert P. Burckard, Jr. be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted; 4 Resolution of Appreciation For Paul C. Harvey, Jr. Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, Paul C. Harvey, Jr. selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Paul C. Harvey, Jr. be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For Gary Trout Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, Gary Trout selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; 5 Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Gary Trout be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For Billie R. Cook Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, Billie R. Cook selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Billie R. Cook be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: Resolution of Appreciation For James S. Blesse Whereas, Historic Fort Huger in Isle of Wight County, a documented site of both state and national significance due to its role as a former Civil War military earthworks installation active from August 1861 - May 1862 6 along a deep navigable channel in the James River, was acquired by the County in 2006; and, Whereas, James S. Blesse selflessly gave countless hours of his personal time to provide support and dedication to the extensive project details in conjunction with County staff toward the historical research, educational interpretation, physical elements and numerous opening preparations of Fort Huger; and, Whereas, Historic Fort Huger was successfully opened to the public on December 30, 2007 as one of the County?s projects in Commemoration of th our Nation?s 400 Anniversary; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that James S. Blesse be recognized and commended for his valued and outstanding service, and is presented this Resolution as a token of the Board?s gratitude and esteem. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Lou Haddad, Armada Hoffler, discussed the circumstances behind Armada Hoffler?s withdrawal of its Benn?s Grant rezoning application. He recognized that a great deal of County staff?s time and County funds have been spent on this application, to include over $4,000,000 being invested by Armada Hoffler, Rose & Womble and Wal-Mart. He stated that that this project was contingent upon getting the approval of the Community Development Authority (CDA) because it had increased so much in cost and it was the advantages of CDA financing that were what was allowing the project to be viable; however, he has since learned that CDA financing, with the collapse of the credit market is, at this point, a very shaky proposition. He stated, as a result, Armada Hoffler came to the conclusion that the honorable way to proceed would be to withdraw its application. He stated that the Board now has an opportunity to think about what it wants to see happen in that area. He stated if the Board feels good about moving forward with the Roadmap to Growth and Development Service Districts (DSD?s) that have been outlined for this area, he would recommend that the County take steps to streamline the process so that these types of circumstances do not happen again. He stated to those who are in opposition to the project, it is not enough to just say no to a project. He stated that the same challenges remain in the County, in that it is underserved by retail; its tax dollars are going into the coffers of other municipalities; it has a crisis in affordable housing; and, good solid commerce parks are needed in order to move forward with an industrial and office base. He stated that Armada Hoffler will remain open to opportunities to work together with the County in the future on a project that will hopefully have a different outcome than this project. 7 Chairman Clark, on behalf of the Board and staff, thanked Mr. Haddad and his associates for the open and honest relationship exhibited with regards to the Benn?s Grant development. He stated that the County looks forward to working with Armada Hoffler in the future. Charlie Broadwater, YMCA Board Member, briefed the Board on the need for expansion of the current YMCA facility in Smithfield. He recognized Linda Berling, Executive Director of the YMCA and Billy Birdsong and Sally Belle Benedetti, YMCA Board Members, who were in attendance. He advised that the membership units have grown from 519 in 2004 to 1,642 and the actual number of individual members has grown from 1,351 to 4,500. He advised that with respect to program growth, in 2004 there were 13 fitness classes and school-age childcare at three (3) locations in the County with one (1) youth sports offered in every season, but today, there are 90 fitness classes offered and school-age childcare at four (4) locations in the County with two (2) youth sports leagues in each of the four (4) seasons. He stated beginning in the spring, water safety instruction will be offered for 400 children with swimming instructions to 250 fourth graders beginning in the fall of 2008 from Westside Elementary School. He stated there are 45-50 participants on the high school swim team and five (5) of those individuals went to the State Championships. He advised that there is a special swim team for the Smithfield community comprised of individuals aging from 5-17. He stated swimming lessons are ongoing and lifeguards are being trained who are also working at other pools in the County. He advised that water exercise programs are offered, which are primarily enjoyed by senior members. He stated that the Smithfield Girl?s th Swim Team was 12 in the State among 67 teams. He advised that the ?Healthy Kids Day? and ?Active America Week? are programs designed to provide information regarding nutrition, dental health, physical therapy, chiropractic and posture services. He stated that the YMCA further partners with fire, police and rescue squads with respect to training activities. He advised that a tri-athlon is held in conjunction with the Department of Tourism, the Town of Smithfield and the Sheriff?s Department. He advised that health screenings and lectures are also offered. He advised in support of the community, the YMCA is working in conjunction with Christian Outreach with respect to Thanksgiving food boxes and an angel tree through the Social Services Department. He advised that ?Bright Beginnings? is a program supported through the financial donation of business individuals in the community which is done in conjunction with the Social Services Department in which children are taken on a shopping spree to purchase some of the things they would not otherwise be able to so that they feel good about themselves on their first day of school. He stated that no one is turned away from membership with the YMCA and 23% of the current memberships are supported financially in some way. He advised that the YMCA raised $40,000 in 2004 in support of the YMCA Scholarship Program and these funds were used to help subsidize the membership fees of individuals and families. He stated $140,000 was raised in 2007 from the 8 community. He stated that the YMCA needs to expand given its explosive growth and popularity. He stated that the YMCA?s future vision calls for expansion of the wellness center; additional space for locker rooms; two (2) additional exercise classrooms; and, additional parking space. He advised that he would be returning to theBoard in the future with a specific funding request. Supervisor Bradshaw inquired about the lease amount and asked who is responsible for maintaining the building. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that the YMCA is responsible for maintenance of the building and parking area. He further advised that the lease agreement was revised several years ago to reflect that the lease amount is equivalent to the taxes that would have been paid on that property. He stated that the YMCA also pays for its utilities. Fred Westfall, Goodman & Company, presented the County?s Financial Audit Report for the Year Ended June 30, 2007. He reported that Goodman & Company, after performing the audit, has formed the opinion that the County?s financial statements are presented in accordance with general accepted accounting principles. He encouraged the Board to read the Management Discussion and Analysis prepared by the County?s Director of Budget and Finance. He stated that the County?s fund balance of the General Fund at the end of the fiscal year was approximately $23,000,000. He noted that included in the audit report are certain internal control issues, which have been addressed with the appropriate members of management and are in the process of being addressed. He advised that all internal control issues noted last year have been addressed. Supervisor Bradshaw moved that the Audit Report be accepted, as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Barbara Meese, Director of the Children?s Center, formally introduced Martha Kellogg, Program Head of Child Development at Paul D. Camp Community College and Chair of the Early Childhood Commission, Connie Burgess, Director of the Early Childhood Commission and Scott Hiphurt, President of the Virginia Early Childhood Foundation. Mr. Hiphurt advised that the Virginia Early Childhood Foundation was an outgrowth of Governor Warner?s Early Learning Council, which ensures that young children show up in school on their first day with the necessary social and emotional skills and is funded by the General Assembly and private dollars so that those funds can be brought back into local communities to develop collaborative projects that increase the school readiness of small children. He stated that the council of each community is 9 required to have representation of political and business leaderships, as well as the Chambers of Commerce and lower and higher education to develop a plan for long-term sustainability to ensure that children are beginning school ready to learn and will become productive workers and good citizens. He stated that the Foundation is currently funding coalitions in sixteen (16) communities in Virginia, including Franklin and Southampton County. He stated that this region seems to be a natural fit to expand and include the County. He stated that funding will be provided over a two (2) year period with sustaining funding being provided beyond that timeframe. He stated that the Federal Reserve says that if economic development is desired, the best investment is in young children and the data proves that for every dollar invested, a minimal of $7 will be returned in economic development over the long term. He advised that the City of Franklin and Southampton County have been in a planning process for a year and they want to invite the County to be part of a coalition. Ms. Mease requested that the Board appoint two (2) individuals to serve on the Early Childhood Commission. She advised that the City of Franklin and Southampton County have both agreed to contribute $31,250 annually to match the partnership grant. Supervisor Bradshaw recommended that Supervisor Brown and he work with Barbara Mease to determine the best method for moving forward with partnering with the City of Franklin and Southampton County. Chairman Clark requested that County Administrator Caskey assign staff members to assist Supervisors Bradshaw and Brown. Supervisor Bradshaw advised that the City of Franklin and Southampton County are moving forward in an effort to participate in the County?s CASA Program. Judy H. Winslow, Director of Tourism, formally introduced Mr. James E. Fulghum who briefed the Board on the concept of a proposed Southside Virginia Historical Library where a multitude of materials could be housed to make it easier for decedents of southside residents to research their roots while providing a location for families to place historical works and materials pertinent to the evolution of southside families. He suggested that such a facility could be developed in the County, not far from St. Luke?s Church. He stated that representatives of the Library of Virginia are not opposed and the Director of the District Libraries is in favor of such a facility. He stated that to date, his family has raised $100,000 and he would like for the County to commit land for the site before he, along with staff, seek additional financial support from surrounding localities. He stated that financial assistance would be requested from various regional southside families; foundations interested in the development of libraries; the development of historic facilities and the development of family history; area legislative representatives; and, members of Congress. He stated that 10 the development of a Planning Committee will be necessary and he would like for a member of the Board and staff to serve on it. He noted that representatives from other participating counties, founding families and other interested parties are needed. He stated that help from the Isle of Wight Historical Society will be solicited, as well as other interested citizens from the participating counties. He noted such a facility will be a major tourism attraction for the area. Chairman Clark offered to serve on the Southside Virginia Historical Library Committee. He requested Ms. Winslow to develop a list of names of other individuals willing to serve on the Planning Committee. Louis Jordan, Deputy Executive Director, Southeastern Public Service Authority, formally introduced Chuck Harold, Landfill Superintendent. He noted that they were present at the request of staff to discuss the hours of availability of the household hazardous collection facility located within the Isle of Wight Transfer Station operated by SPSA. Chairman Clark advised Mr. Jordan that he had been contacted by a constituent regarding his inability recently to dispose of hazardous household items due to the limited hours of operation at the transfer station. Supervisor Bradshaw noted that the hours of operation need to be expanded in order to be more convenient for the public. Mr. Jordan offered to switch one (1) Saturday per month with another community to the County facility, which would make it more convenient for County residents. Supervisor Bradshaw inquired what it would take for the County?s convenience centers to be able to accept hazardous waste. He noted that if the hours of operation at the transfer station are not convenient for the public and hazardous waste is not accepted at convenience centers, the public will dispose of their hazardous waste in different locations throughout the County, such as roadways and ditch banks. Mr. Jordan stated following notification to the SPSA Board of his intentions of making the Saturday switch, he would report back to County Administrator Caskey regarding the date of the switch. Chairman Clark requested that Mr. Jordan explore the alternative of the County?s centers accepting hazardous waste with County staff. Mr. Harold advised that in order to accept hazardous waste, the County would need a hazardous materials storage building with secondary containment and explosion proof features. He stated that significant training would also be required in order to handle hazardous materials and SPSA staff could assist with disposal. 11 Supervisor Brown inquired where glass products are recycled. Mr. Jordan responded that all glass in SPSA?s recycling programs is handled by Tidewater Fiber, a materials recovery facility in Chesapeake. He advised that a significant amount of the glass is not recycled, but rather used productively in drainage ditches. Supervisor Brown inquired what SPSA is doing in order to minimize the amount of plastic bags from being blown from its trucks into surrounding farm fields. Supervisor Wright added that trucks have mechanisms in them to close their tops and SPSA needs to do a better job in containing materials inside those vehicles. Mr. Jordan stated a plan has been developed regarding rigid tops that will provide a tighter closure for trash trucks. He stated that SPSA is requesting all its participating communities to support the State study to ban plastic bags. Chairman Clark moved that staff be directed to explore the feasibility of being able to accept hazardous materials at the County?s convenience centers. SPSA staff is to work with County staff in this regard. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ron Reese, Director of Student Services, Isle of Wight County Public Schools, briefed the Board regarding the School?s Crisis Management Plan, which was developed by the Crisis Management Committee, who was charged with reviewing the existing plan and making recommendations to the Superintendent. He advised that on February 8, 2008 the Committee approved a draft lock-down procedure and recommended its approval by the Superintendent. He advised that evacuation routes of the schools have also been discussed and the Committee has approved Carrollton Elementary School?s plan and Hardy Elementary School is scheduled for an evacuation exercise. He stated that today?s problems include school shootings, bomb threats and weapons and drugs and he thanked the Board for the County?s financial support for School Resource Officers within the County?s school facilities. He advised that he has applied for a grant that is being offered by the United States Department of Education to cover the cost of training associated with lock-down procedures; evacuation drills; exterior and interior signage that would be located on all exit doors; and, conversion of the division manual to a more user friendly flip chart that is currently being utilized by the City of Virginia Beach in all its classrooms. He advised that on the horizon is a pre-planning crisis intervention with the FBI to conduct a security assessment of the County?s two (2) high schools. 12 Chairman Clark encouraged Mr. Reese to advise the Board should a need arise which requires immediate funding in order to protect the safety of the County?s children. Judy H. Winslow, Director of Tourism, formally introduced Tracey Neikirk, the new Isle of Wight Museum Curator. Patrick J. Small, Assistant County Administrator, notified the Board that the City of Suffolk and the County have been awarded a multi-modal grant in the amount of $500,000 from the Virginia Department of Transportation. He noted that this grant will assist staff significantly with developing a transportation plan. Gina Ippolito, Recreation Administrator, formally introduced David Sawyer, the Fair Committee?s new Chairman. Supervisor Bradshaw inquired if Mr. Sawyer was aware of anything that might prevent the Fair from taking place this year. Mr. Sawyer advised that he was not aware of any problems and he encouraged the Board to favorably consider the upcoming funding request by Ms. Ippolito. Ms. Ippolito advised the Board that staff?s ability to book quality entertainment is greatly reduced because the County?s budget is approved only a few months before the Fair and pre-paid deposits can not be made to any vendors or any type of entertainment officially secured because most vendors are locked in by January of each year. Supervisor Wright asked staff to clarify why lodging for out-of-town judges for the beauty pageant is necessary when there are already a number of qualified and talented individuals already residing in the County. He stated that individuals have done an excellent job volunteering in the County and the County is fortunate to have such dedicated citizens willing to assist. Ms. Ippolito advised that fees associated with selling ads in the pageant book cover the cost of operating the pageant, including the lodging cost associated with the judges of the pageant. She advised that contained in the agenda are two (2) budgets, a flat budget based on the 2006 Fair in the amount of $188,000 and a second budget, recommended by staff, in the amount of $252,000. She stated that it would be beneficial for staff to know at this time what the Board?s commitment will be for both the 2008 and the 2009 Fair. Supervisor Bradshaw moved that the following Resolution to Appropriate $61,250 from the Unappropriated Fund Balance of the General Fund to the County Fair Fund be adopted and that staff be authorized to 13 proceed with the preparation of the FY2008-09 County Fair Budget as presented under the ?Ideal? Budget scenario: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE COUNTY FAIR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional appropriation for the County Fair in order to secure vendors and entertainment through prepaid deposits; and, WHEREAS, funds in the amount of sixty-one thousand two hundred fifty dollars ($61,250) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 General Operating Budget and County Fair Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that sixty-one thousand two hundred fifty dollars ($61,250) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2007-08 General Operating Budget and County Fair 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 adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Regional reports. Chairman Clark reported at the most recent meeting of the Coalition of High Growth Communities, Senate Bill 768 was discussed, which will place a cap on proffers. He noted that the Bill has been referred to the House Rules Committee and he recommended that citizens contact their Delegates to voice their opposition. Chairman Clark reported that the Hampton Roads Planning District Commission, at its annual retreat yesterday, discussed general business matters relative to how the MPO and the HRPDC will continue to have separate staffs. Relative to the Hampton Roads Transportation Authority, Chairman Clark reported that the proposal submitted to the General Assembly by the Authority?s legislative committee was unsuccessful in recommending the 14 elimination of certain fees, to include the auto service fees. He stated that the Authority will begin to collect the fees on April 1, 2008. Supervisor Wright reported that Mr. Townsend has committed to continue serving as the Interim Superintendent of the Western Tidewater Regional Jail until a new Superintendent is hired. County Administrator Caskey advised that the Authority is currently developing a proposed budget and the Board should anticipate a line item for the first time in the County?s budget in the amount of $65,581 as part of the local contribution that the three (3) member localities will need to commit to the funding of the Jail?s operations. Supervisor Wright reported that the Western Tidewater Water Authority?s Attorney will be addressing the Board at its April 3, 2008 meeting regarding certain legal situations that exist with the Authority. Supervisor Bradshaw reported that efforts to hire a new Social Services Director are currently underway. Supervisor Bradshaw reported that legislative meetings are currently underway. He advised that the County will be hosting a regional meeting scheduled for March 31, 2008 at the Wakefield 4-H Center. Supervisor Brown reported that Mr. John Hadfield, SPSA?s Executive Director, has tendered his retirement, effective August 1, 2008. He noted that there were five (5) tipping fee scenarios presented at the most recent meeting. // Supervisor Bradshaw moved that Item (E) under the County Administrator?s report (A Resolution in Support of Using Hunting Dogs in the Commonwealth of Virginia and in Support of Hiring Additional Wardens to Enforce Current Law) be moved to this point on the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Jack Arrington of Carrsville, representing nine (9) hunting clubs, requested that the Board adopt the proposed resolution which would protect the hunting rights of individuals with hounds. Mike Cobb of Carrsville advised that the proposed resolution has already been adopted by ten (10) other jurisdictions in the State. Supervisor Wright commented that Richard Railing of Courtland is also in support of the Board adopting the resolution. 15 Supervisor Bradshaw moved that the following Resolution be adopted: A RESOLUTION IN SUPPORT OF USING HUNTING DOGS IN THE COMMONWEALTH OF VIRGINIA AND IN SUPPORT OF HIRING ADDITIONAL WARDENS TO ENFORCE CURRENT LAW WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia is very interested in preserving the use of hunting with dogs in Isle of Wight County and the Commonwealth of Virginia; and WHEREAS, the Virginia Department of Game and Inland Fisheries has commissioned a study regarding the impacts of the use of hunting dogs; and WHEREAS, the Virginia Department of Game and Inland Fisheries has established an Advisory Group to provide the Board of the Department of Game and Inland Fisheries with recommendations pertaining to hunting with dogs; and WHEREAS, the Board of Supervisors recognizes the potential negative impacts of significant changes to the use of hunting with dogs for many of its citizens, including landowners and sportsmen; and WHEREAS, the Board of Supervisors recognizes there are sufficient and adequate laws pertaining to the use of dogs for hunting, but a shortage of wardens to enforce such laws; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia does hereby support the use of dogs for hunting in the Commonwealth as prescribed by existing laws; and BE IT FURTHER RESOLVED that the Board of Supervisors supports the hiring of additional wardens to enforce the current laws as they pertain to hunting with dogs in the Commonwealth. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw moved that Item (A) under the County Administrator?s report be moved to this point in the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 16 Liesl R. DeVary, Director of Budget and Finance, briefed the Board on the matter of the County?s FY 2007-08 debt issuance to fund various capital improvement projects, the majority of which are for a new courts building and fire station in Smithfield. She advised because firm estimates on those two (2) projects are not yet available, staff is recommending that the County issue $10,000,000 of debt to pay for other various capital improvements. Jimmy Sanderson, Davenport and Company, advised the Board that four (4) responses were received from the thirteen (13) proposals solicited, with the low bid being offered by BB&T. He stated normally any refunding opportunity is locked in for ten (10) years, but this can be prepaid at any time with a 1% premium. Supervisor Bradshaw moved that staff be authorized to advertise a proposed issuance of general obligation bonds of the County in an estimated maximum principal amount of $10,000,000 for public hearing at the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark moved that the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw publicly recognized and personally thanked Rusty Chase and Andy Aigner, Department of Emergency Management employees, for the outstanding job they performed with respect to putting out the recent fires that occurred in the County. He further recognized the Sheriff?s Department, as well as the many volunteers who assisted in this effort. Joseph R. Chase, Emergency Management Coordinator, recognized the many volunteers who assisted, as well as the City of Franklin and Hunterdale for the mutual aid assistance. He further recognized Hardees and Dairy Queen in the City of Franklin for their efforts in providing meals for the fire and rescue personnel and International Paper for lending a bulldozer to assist with the containment of fire at the site. 17 Supervisor Wright commended Messrs. Aigner and Chase for offering the basic Fire Fighter classes. He advised that thirty (30) individuals are enrolled, which will result in better protection for the citizens of the County. Steven A. Aigner, Fire and Rescue Coordinator, recognized the many volunteers who assisted in that effort which resulted in no calls being missed or responses delayed during a time when there were no available fire engines. Chairman Clark requested that Mr. Aigner advise him of the date of the next Fire and Rescue Association meeting so that he can be present to personally acknowledge the Board?s appreciation to the volunteers; the City of Franklin (Hunterdale); Hardees and Dairy Queen in Franklin; and, International Paper for the use of a bulldozer. // Chairman Clark called for Transportation Matters. Kristen M. Mazur, County Engineer, presented a request from Supervisor Bradshaw through the Piney Grove Baptist Church to abandon the 40-foot right-of-way on that route. He advised that International Paper has indicated their support of the request. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, GIVING NOTICE OF THEIR INTENTION TO ABANDON ROUTE 1608 (PINEY GROVE STREET) WHEREAS, the Isle of Wight County Board of Supervisors, following a regular meeting on February 21, 2008, giving notice of their intention to request the Virginia Department of Transportation to abandon Route 1608 (Piney Grove Street), from Lynn Road to Dead End, a distance of 0.13 miles; and WHEREAS, Route 1608 serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways; and WHEREAS, the Board of Supervisors acknowledges its willingness to hold a public hearing if requested by the Commonwealth Transportation Board or any citizen that uses the road within thirty days following the publication of this notice of intent; and NOW, THEREFORE, BE IT RESOLVED, the Engineering Department?s staff is directed to post and publish notice of the Board?s 18 intent to abandon the aforesaid section of Route 1608, pursuant to Section 33.1-151 of the Code of Virginia of 1950, as amended; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Mazur addressed the issue of the VDOT Revenue Sharing Program for Fiscal Year 2009, which is managed by the Virginia Department of Transportation and provides a matching allocation to locality funds for roadway improvement projects. She recommended that the Board allocate $1.1 million to the priorities identified previously in the Six-Year Secondary Improvement Program. Supervisor Bradshaw moved that the following Resolution be adopted; that the Chairman be authorized to sign the Letter of Intent to participate in the 2008-09 Revenue Sharing Program in the maximum amount of $1,000,000; and, that staff be directed to coordinate with VDOT on establishing a preliminary priority project list: RESOLUTION FOR THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRIGINIA, TO PARTICIPATE IN REVENUE SHARING FUNDS FOR FISCAL YEAR 2008-2009 At a regularly scheduled meeting of the Isle of Wight County Board of Supervisors held on February 21, 2008, on a motion made by Phillip A. Bradshaw, the following resolution was adopted by a vote of five (5) to zero (0); WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, desires to submit an application for an allocation of funds up to One Million Dollars ($1,000,000.00) to be matched on a dollar-for-dollar basis from funds provided by the State of Virginia; and WHEREAS, the County is also willing to commit One Hundred Thousand Dollars ($100,000.00) as unmatched funds (Tier 1) through the Virginia Department of Transportation?s Fiscal Year 2008-2009 Revenue Sharing Program; and WHEREAS One Million One Hundred Thousand Dollars ($1,100,000.00) of these funds are being requested to fund those projects shown on the attached Summary - Designation of Funds Form (shown herein as Attachment A). 19 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that revenue sharing dollars for the Virginia Department of Transportation for Fiscal Year 2008-2009 be hereby redistributed as described in Attachment A. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown requested the status of ditch cleaning efforts in Rushmere. Mac Neblett, VDOT Residency Administrator, advised that elevations need to be run and the ditches cleaned. He stated with respect to the property located between the two (2) homes, VDOT will be requesting that the County secure an easement to carry the water through this area. He stated even after those efforts are done, it may not necessarily solve all the problems because of the flow of water from adjacent properties. He advised that VDOT is also reviewing the feasibility of installing a berm on one (1) side of the ditch. Supervisor Brown invited Mr. Neblett and Ms. Mazur to accompany him to Orchid Gardens, Jenkin?s Lane, Thomas Park and Hardy Elementary School so that he can show them the ditches which are non-existent during periods of rain. Mr. Neblett offered to get together with Ms. Mazur, her assistant and the VDOT Hydraulic Engineer and review the ditch problem. Supervisor Bradshaw requested the status of the drainage pipe in Zuni on Route 460. Mr. Neblett advised that the pipe needed to go underneath Route 460 has been sized and additional elevations are to be run on the opposite side of the road from Mr. Carr?s residence to ensure that there is positive drainage flow. He advised that funding is available for this project and VDOT will be hiring a contractor to perform the work. Supervisor Bradshaw requested the status of replacing the pipe where it is separating underneath Route 460 near Mr. Carr?s property. Mr. Neblett advised that the pipe will be repaired. Supervisor Bradshaw requested that VDOT notify Mr. Carr whenever work is being done on his property. Supervisor Wright inquired about what is being proposed at the Barlow brothers? farm to eliminate motorists from driving into their fence. 20 Mr. Neblett advised that the VDOT District Traffic Engineering Department is reviewing the ?T? intersection to determine why motorists are driving into the Barlow?s fence. Supervisor Wright notified Mr. Neblett that the pavement is beginning to flake and is in need of patches at the bridge on Shiloh Drive. Supervisor Bradshaw advised that culverts in his area are separating in increasing numbers. Mr. Neblett advised that VDOT personnel are currently looking at the culverts. Supervisor Bradshaw advised Mr. Neblett that an entire section has dropped on Old Carrsville Highway between the fire department and the railroad track. Chairman Clark advised that blacktop needs to be extended beyond the bridge in Rescue. Chairman Clark moved that staff, the Sheriff?s Department and VDOT officials review what needs to be done at the curve on Smith?s Neck Road where the accident recently occurred which resulted in a fatality. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark inquired about the status of penalties in Gatling Pointe for speeding violations. Mr. Neblett offered to investigate and report back to the Board at its March 20, 2008 meeting. Chairman Clark requested Mr. Neblett to review the pedestrian crossing at Eagle Harbor at Wood Bridge with respect to the safety of those individuals utilizing the crossing. Mr. Neblett commented that anyone crossing a four-lane divided highway is running a risk, even with a pedestrian crossing and adding a traffic light control crossing will only add additional delay time on Route 17. Supervisor Bradshaw requested that the ditches be filled in which have eroded due to the recent storm. // 21 At 7:00 p.m., Supervisor Brown moved that the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for a public hearing on the following: A. An Ordinance to Amend Section 7-28-1 (Family Member Subdivision) of Appendix A, Subdivisions. The amendment will add criteria requiring property owners requesting to create a family member subdivision to have held fee simple title to the property for at least five (5) years prior to filing for a family member subdivision, and the receiving family member shall not transfer, subdivide or otherwise convey such property in less than five (5) years. The amendment also includes provisions for shared driveways, a maximum of four lots to be accessed from a single easement, and that no resulting lot be comprised of more than thirty percent (30%) of environmentally sensitive features and shall not extend over a political boundary. Beverly H. Walkup, Director of Planning and Zoning, stated included in the agenda is a letter advising the Board of changes that were made between the time that the Planning Commission made its recommendation and the Board receiving the Ordinance for public hearing. She advised that the use of the word ?easement? has been changed to ?easement of right-of- way? as recommended by legal counsel and a change has been made to language D3 under recordation and enforcement, changing the word to allow a family member transfer if the decision is directed by the courts. She stated that staff?s recommendation is that the Board hold the public hearing tonight, but table action to allow her to speak with legal counsel relative to easement language. She advised that between the Planning Commission meeting and the Board meeting citizens have brought concerns forward that staff would like to study. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. Malcolm T. Clark of Twin Hill Lane requested that the adjoining property owner be notified if a family subdivision is being initiated adjacent to another property owner. Darrin Stouffer of 19119 Pope Swamp Trail expressed concern with the requirement that an individual own the property for a period of five (5) years prior to doing a family transfer. 22 Leslie Doggett of Chesapeake expressed concern with the limit of four (4) family member transfers, noting that he is part of seven (7) families that equally own over 250 acres of land. Ernie Gillespie of Carrollton objected to the proposed Ordinance as presented, noting that it would prohibit his three (3) daughters from building their home on land that they own in the County. He stated that he understands that the Planning Commission is going to be revisiting the Ordinance and he would recommend that communities such as Doggett Lane be recognized. William Riddick, Attorney, advised that he has provided certain potential changes to the Ordinance to the Interim County Attorney with respect to the language dealing with the right-of-way and the requirement to change an existing agreement when property is sold in the future. He requested that his suggestions be favorably considered at such time as the Board makes any final changes to the Ordinance. Wayne Melcher of 1444 Bridge Point Trail in Suffolk agreed that the Ordinance is flawed for the reasons stated by Mr. Doggett and Attorney Riddick. He commented that the Code of Virginia provides for a longer period than five (5) years. He stated, as written, if a person owns a piece of property for five (5) years, the adjoining property is automatically worth more because the other person has owned it for five (5) years. He stated that the holding period also discriminates based on age; it increases the difference in the value; there should be at least four (4) inches of compacted base; there should be a profile that shows the type of road; the County should require a thirty (30) foot right-of-way unless there is a hardship; private lane provisions/restrictions requiring that anything added to it automatically comes under that regulation and must pay its share by taking a deed; that the Board may decide to grant a lesser holding period on the front end instead of the back end if certain things are met; would the Dillon Rule keep some one from making a proffer on a family member; an approved source of water is required when a plat is recorded, which normally does not happen until a person builds; and, a health department letter should be required stating there are acceptable soils. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark advised that the Board is not trying to prohibit legitimate family transfers, but is trying to prevent fraudulent family transfers. He stated individuals have been transferring property to family members who, in turn, have been transferring property to unrelated persons. Ms. Walkup advised that in order to curtail the circumvention of the Ordinance, the proposed Ordinance requires that an individual own the land for a period of five (5) years prior to creating a family member lot and that 23 the receiving individual must also own the land for five (5) years before it could be sold. Chairman Clark commented that the person receiving the family member transfer should be the one to be locked into the five (5) year period, not the person who is doing the transferring. Supervisor Bradshaw concurred that the County should not penalize the person purchasing the land, but the family member who is receiving the land. Supervisor Casteen stated that the political line of a property should not have anything to do with an individual subdividing his property. Ms. Walkup advised that staff receives requests for subdivisions crossing political boundaries, which creates confusion as to who taxes the property. She noted that the purpose of the Ordinance is to look at parcels that are already served by a private road. She noted there could be many parcels off of the same road and each is entitled to family member transfers and it seems as if the intent is to have the right to transfer to all of a person?s children. Supervisor Bradshaw stated he had a concern with only four (4) transfers per tract being legal with the State Code. Ms. Walkup replied that the State Code allows reasonable provisions in addition to what is already outlined. Chairman Clark moved that the Board table consideration of the Ordinance until the Board?s April 17, 2008 meeting in order for staff to address the Board?s concerns. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen encouraged staff to send a copy of all revisions to Chairman Clark or Supervisor Bradshaw, as well as residents on Doggett Lane and Attorney Riddick. Chairman Clark called for a public hearing on the following: The application of Keith Lee and Kathleen M. Clark, owners, for a Conditional Use Permit for a Home Occupation Type II at 406 Autumn Court, Smithfield, in the Hardy Election District. The home occupation would be for the purpose of clock repair. Assistant County Attorney Popovich certified that the application had been properly advertised. 24 Ms. Walkup introduced the application. Chairman Clark called for persons to speak in favor of or in opposition to the application. Attorney Riddick, representing the applicants, advised that Mr. Clark is a talented clock maker and a native of the County who currently resides in northern Virginia where he operates a clock business in his home. He stated that Mr. Clark has now purchased a home in the County and wants to repair clocks in his garage. He stated that Mr. Clark does not intend to install any signs advertising his business and he will not be generating any additional traffic. He stated that there were no weaknesses in the recommendations and the Planning Commission recommended approval. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Brown moved that the Board approve the application with the three (3) conditions recommended by the Planning Commission, as follows: that there be no exterior signage allowed for the business; that there be no exterior building improvements or expansions related to the use of the business; and, that all delivery loading, unloading and customer traffic . must be conducted and managed in existing off-street parking areas The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: The application of Moody H. Gardner, Jr., et al, owner, and Gail G. Allen, applicant, for a Conditional Use Permit to allow an existing Manufactured Home, Class B, to remain on approximately 110 acres of land at 5104 Gardner Lane, Carrsville, as a rental residence for a part-time employee. The property is located in the Carrsville Election District. Ms. Walkup advised that because of the time limit, the applicant is required to request a new Conditional Use Permit be approved by the Board. She advised that the Planning Commission recommended approval to the Board subject to the condition that the manufactured home be removed when no longer occupied by an employee for a period longer than six (6) months. Chairman Clark called for persons to speak in favor of or in opposition to the application. Gayle G. Allen, applicant, 7921 Harvest Drive, Suffolk requested that the Board approve the Conditional Use Permit. 25 Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright recommended that a time limit be placed on the Conditional Use Permit and that it be terminated if no one resides in the mobile home for a period of four (4) months. Chairman Clark concurred with a time limit. Supervisor Bradshaw commented that he does not recollect any Conditional Use Permits in the past having time limits placed on them. Ms. Walkup stated that a Conditional Use Permit involving a caretaker of the property does not generally have a time limit, but it does have a condition that it has to be occupied by the caretaker. She advised that the previous Conditional Use Permit did have a three (3) year time limit, which is why Ms. Allen is before the Board at this time. Supervisor Bradshaw stated that the Planning Commission is recommending life rights, which allows for the mobile home to remain regardless of condition forever, unless someone complains. He stated once the Board places a time limit on a Conditional Use Permit, it is setting a precedent and it must be done from that point forward. Ms. Walkup advised that five (5) years would be consistent with the ordinance requirement for Conditional Use Permits to expire if they are not used. Supervisor Wright moved that the Board approve the application with a five (5) year time limit. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: The request of HRFT, Inc. to amend the Comprehensive Land Use Designation of Tax Map Parcel 54-01-086 in the Windsor Development Service District from Suburban Estates to Mixed Use Activity Center. Said property, approximately 106.22 acres of land is located on the north side of Windsor Boulevard (Rt. 460) and east of Keaton Avenue in the Windsor Election District. The proposed use of the property is for commercial and residential development. Assistant County Attorney Popovich certified that the request had been properly advertised. 26 Amy Ring, Assistant Planning and Zoning Director, introduced the application. Chairman Clark called for persons to speak in favor of or in opposition to the request. Attorney Riddick advised that the applicants believe that the property might be useful for residential purposes and there was a consensus that the community needed some different housing options. He stated community meetings were held and the applicants met with the adjacent property owners before beginning the process to file an application. He stated that this location is an excellent site for a mixed development because it is at a signalized intersection; water and sewer are readily available; the Affordable Housing Study is complete, showing the need for this type of development in the County; and, the Board has begun an initiative to develop an intermodal facility between Suffolk and the Town of Windsor. He advised that the current Comprehensive Plan designation is Suburban Estates, which dictates large expensive lots which are not needed in that area. He stated that discussions have begun with developers who are experienced in providing mixed communities. He stated that the proposal tonight is for a change in the Comprehensive Plan so that the applicant will have the opportunity to file a zoning application. He stated that the Planning Commission recommended that if nothing occurred within a five (5) year period, that the applicants would not oppose a change in the Comprehensive Plan back to Suburban Estates or any other designation as desired by the Board. He stated whether this proposal goes there or not, this area will experience development one (1) day. He stated following the first public hearing, the Chairman of the Planning Commission suggested that industrial uses for this location be explored. He stated that he met with the former Director of Economic Development, who was unable to find a feasible use from a commercial/industrial perspective. He stated that there will be a market for a mixed use development in the Windsor area and, if approved today, this development will not come on line for another several years. He requested that the Board approve the request and that he be provided an opportunity to address any concerns at the end of the public hearing. Glen Willis, 24291 Lovers Lane, requested that the Board deny the request. He stated the property under discussion is the only large parcel in the Windsor Development Service District (DSD) that is designated as Suburban Estates, which is appropriate given that there will be a need for that type of housing in the DSD. He noted that the suburban estate designation matches the use of the adjacent properties on the north side of Route 460. He inquired if the Board members would like the type of development that can occur under a mixed use activity center located next to their homes. He requested that the Board take the appropriate action to represent the citizens that live and work in the County. 27 Mayor Crocker, 57 Church Street in Windsor, representing the Town Council, citizens and businesses located in the Town of Windsor, advised that the Windsor Town Manager had provided the Town?s response to this application in a letter dated August 17, 2006. He advised that the Town of Windsor is strongly opposed to a small village being located immediately adjacent to an existing boundary; a boundary adjustment will be sought by the Town of Windsor if this site is ever rezoned; a traffic study will be required for an additional signal at Lovers Lane on Route 460 so that citizens in that area can safety merge onto Route 460; the closure of Lovers Lane is not acceptable; the routing of traffic through the Hazelwood Subdivision is not acceptable for those residing on that street; the Town officials are concerned regarding the development of businesses at the entrance to the Town that would eliminate the meals and cigarette taxes and business license revenue; lack of police protection and response to homes and businesses if this area is rezoned; and, in most cases, first responders for emergencies will be from the Town, which would draw resources from the Town?s police protection. He requested that the request be denied and submitted a letter dated August 17, 2006 addressed to Melinda J. Goodwyn and a letter dated March 16, 2006 addressed to W. Douglas Caskey. Darrin Stouffer, 19119 Pope Swamp Trail, stated for safety reasons, he did not want any traffic from the new development to travel onto Hazelwood or Lovers Lane. He stated that traffic should be able to ingress into the neighborhood to reach the traffic signal located on Route 460. He recommended that Keaton Street should be dead-ended on both ends with a cul-de-sac. He stated regardless of what type of development occurs on the property, he would recommend a buffer between the existing residents. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright inquired if the Department of Economic Development has determined a better use for the property. Patrick J. Small, Assistant County Administrator, advised that it has been the opinion of the Department of Economic Development for the past seven (7) years that the best use of that property is commercial on the front with light industrial on the backside. He stated that the former Director of Economic Development had worked with clients on that type of a project and other potentially interested clients in this property exist. Supervisor Casteen commented that staff has not been able to secure a sale or even a proposal for the applicant for his property for the past year and a half. He noted that the applicant has worked with staff and is now asking for a change in the Comprehensive Plan that runs for only five (5) years and reverts back if it does not happen in that timeframe. He stated he did not see much risk on the County?s part in giving the applicant a chance for a 28 workable sale for his property given that the Department of Economic Development had been unsuccessful. Chairman Clark stated the Board approving an amendment to the Comprehensive Plan would limit the County?s right to some degree to deny the rezoning when it comes before the Board. Supervisor Bradshaw commented that the County and the Town of Windsor have not addressed transportation for the Windsor Development Service District and he is not in favor of changing any kind of plans or rezoning around the Town of Windsor until a transportation study has been completed. He concurred with Chairman Clark that if the Board changes the land designation, it will be giving the owner the legal right to develop accordingly and if the property comes up for rezoning the only way the Board can deny the rezoning is due to inadequate public facilities. Assistant County Attorney Popovich advised that the change to the Comprehensive Plan would allow the applicant to come back and request a rezoning of that property and the rezoning request could be denied based on the nine (9) provisions that are within Section 1-1015 of the County Code. Supervisor Casteen stated that the applicant has worked with staff and he does not believe that the County is taking any risk as he is requesting a five (5) year window that expires. He stated with the current zoning, the applicant can not even come up with a proposal to take to the Planning Commission. He stated the applicant may not come up with a reasonable proposal, but if they find a proposal that is suitable to them, they should be given the opportunity to see if the Planning Commission will approve it. Supervisor Bradshaw stated that the applicant can come up with a proposal based on the current zoning of the property, but they wanted to come up with a different proposal than what the Board and the Town of Windsor wants and what they think is in the best interests of the County and in maintaining the quality of life. Supervisor Wright moved that the Board deny the request. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. // Supervisor Brown moved that the Board take a five (5) minute break. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 29 Chairman Clark moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for a public hearing on the following: The application ofSt. Lukes Villages, LLC, owner, and Sentara Healthcare, applicant, to amend the proffered conditions of the rezoning of St. Luke?s Village, including the proffered Master Land Use Plan, to allow medical office uses on approximately 42 acres of land, located at 20081 Brewer?s Neck Boulevard, Smithfield, in the Newport Election District, Tax Map Parcel 33-01-012B. Ms. Walkup advised that the parcel in question was rezoned in 2005 to Conditional Planned Development Mixed Use for the purpose of developing a traditional neighborhood development containing not more than 430 single-family homes, townhouses and condominiums with approximately 80,000 square feet of small-scale commercial space on 120 acres of land. She advised the current application is to amend the original St. Lukes rezoning to include a change in the proffers and the Master Land Use Plan to incorporate Sentara Health Care on forty-two (42) acres of the original parcel. She stated the application to amend conditions is submitted in conjunction with the Conditional Use Permit, which is the next item under Public Hearings. She advised that Sentara?s expectation for the parcel is to include a two (2) phase preliminary development. Chairman Clark called for citizens to speak in favor of or in opposition to the application. Chat Hart, Vice-President and co-applicant for Sentara Health Care, stated the proposal is to divide the parcel down the center of the lakes from the back property line and down the east boundary of the property line and introduce a new entryway which would cross Brewer?s Neck Road. He stated that the proposal is a two (2) phase proposal that encompasses approximately twelve (12) acres. He stated that phase one (1) would encompass the parking and one (1) building with a second building coming in phase two (2). He stated that Sentara currently owns facilities located on Church Street in Smithfield, which is landlocked. He advised that an urgent care center is also run out of the Smithfield Medical building, which would be expanded to a full-scale urgent care throughout the day and evening. He stated the proposal is to relocate all existing services to the new site in the first phase building. He advised that the second phase would include attaching the two (2) buildings and would be triggered if and when the State approves Sentara for a surgery center at that location. He stated the proposal was submitted to the Planning Commission in November 2007 and he came 30 back in January 2008 with revised proffers for the St. Lukes Village component and the future use of the site. He stated that a traffic plan was done by Kimley Horn and reviewed by VDOT and Mr. Cashman?s firm, which all confirmed there was adequate traffic flow to handle what is being proposed until the year 2027. He stated that the proffers submitted to the Planning Commission were designed to meet the needs that the Planning Commission had suggested and several comments were made at that meeting that Ms. Walkup incorporated into the proffers to ensure that the County and the applicant are protected. He stated that he has met with the Isle of Wight Citizens? Association where a consensus was reached that they supported the project. He stated that an overview was presented to the Historical Architectural Review Committee in January 2008 and he plans to be back before the Committee at its April 2008 meeting with respect to a site and building plan. He requested the Board?s favorable approval and stated that Sentara hopes to be in the proposed facility by late summer of 2009. He pointed out that Sentara intends to preserve the stand of mature trees with an intersection to access the site and the current land owner intends to dedicate the corner parcel to St. Lukes Church so that it is located on a square parcel and can expand its parking, while having ingress and egress to their parcel. Henry Morgan of Ballard Creek Drive spoke in favor of the application stating that Sentara is a quality healthcare provider and would make a good corporate citizen. Charles Deton of 20013 Beachwood Lane stated that he would be in favor of the application if the County and VDOT can address the congested traffic in that area. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark inquired if there is sufficient water to handle fire suppression in the building. Mr. Hart replied that Kimley Horn believes there is sufficient water. He stated that Sentara has proffered to address any traffic concerns when they came back; required Sentara to redo a traffic impact study; and, pay a pro-rata share based on what Sentara is contributing to whatever excess they might be. He stated that several of the reviews have indicated that the roadway is on the verge of needing a traffic light. He stated that Sentara is more than willing to pay for a traffic light, but he is unsure if VDOT will allow that with the change that is going on with the Benn?s Grant development. Chairman Clark expressed concern with what control the County has with regard to the remainder of that property. He stated that he did not have 31 a problem with phase 1 or 2, but it is the unknown that concerns him with respect to phase 3. Ms. Walkup advised that the applicant would be required to fill a Conditional Use Permit application for the medical uses as the Ordinance is currently written and the Conditional Use Permit requirements could dictate an update of the traffic impact analysis and the applicant has also proffered that. She stated that staff does not know what is going in phase 3 at this point, but they do know that the master plan is being amended for a medical office. Chairman Clark inquired if there is adequate water pressure for fire suppression purposes for the medical office building. E. Wayne Rountree, P.E., Director of General Services, advised that based on the information received thus far, the answer is yes, however, staff does have questions on the study provided. Supervisor Bradshaw inquired if staff reviewed the traffic analysis. Kristen M. Mazur, County Engineer, stated that the traffic analysis has been recently revised and she has not yet had an opportunity to review it. Chairman Clark commented that in reference to a citizen?s earlier comment that the County get with VDOT to see what can be done at the intersection, he advised that VDOT will not in the foreseeable future budget any funds for that intersection. Supervisor Bradshaw requested Ms. Mazur to have an appropriate VDOT official present at the Board?s next meeting to address this intersection and the impact of this development. Chairman Clark inquired what Mr. Cashman recommends with respect to concerns from citizens relative to the new loads that will be on that intersection. Bill Cashman, URS, advised that the applicant has proffered $330,000 to go towards improvements to that intersection. He stated that there is congestion at the intersection at Benn?s Church and Brewer?s Neck, but it is not so much for lack of capacity as it is for poor lane alignments and poor lane arrangements, so there could be some improvements in a couple of the turn lanes that on an interim basis could provide some benefit and the $330,000 should give the County some flexibility to at least look at doing some of that. Supervisor Bradshaw inquired about background traffic. 32 Mr. Cashman replied that the study estimated a 5% growth in background traffic per year, which is based on historical traffic count records. Supervisor Bradshaw inquired about the traffic count. Mr. Cashman replied 24,000 on Brewer?s Neck and 11,000 south of Brewer?s Neck. Supervisor Bradshaw commented that he liked the medical facility concept, but he could not support the application at this time due to transportation concerns. He stated this is a key intersection and the most vital business route in the County, but he is concerned about the lack of a transportation plan being developed for this corridor. Chairman Clark commented that the applicant already has approval to build right now the basic equivalent of what is being proposed except it is a different type of traffic and it is trading rooftops for a medical facility, which is something that pays taxes instead of something that drains taxes. He stated if the Board denies the application, the traffic would be the same as it is currently and the applicant does not have to do anything but build it. Assistant County Attorney Popovich advised that what the Board is considering at this time is an amendment to the proffered conditions that were originally approved. He advised that the Board could place a condition, if it so desired, on the second public hearing item which is the Conditional Use Permit. Supervisor Wright moved that the Board approve the application, as proffered. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: The application of St. Lukes Villages, LLC, owner, and Sentara Healthcare, applicant, for a Conditional Use Permit for proposed medical office uses on approximately 42 acres of land in St. Luke?s Village, located on the north side of Brewer?s Neck Boulevard (Route 32/258) near its intersection with Benns Church Boulevard (Route 10), in the Newport Election District. Ms. Walkup stated the application is for a Conditional Use Permit for the purpose of a medical clinic development by Sentara Healthcare on approximately twelve (12) of the forty-two (42) acres. She stated that phase 1 will place 48,000 square feet of medical office space on the eastern frontage of the parcel, which is expected to be used for the relocation of the services currently operating at Smithfield Medical Center. She stated that 33 phase 2 of the twelve (12) acre preliminary development will be contingent upon Sentara obtaining a Certificate of Public Need for an outpatient ambulatory surgery center. She advised that the Planning Commission has recommended approval of this application as noted in the Planning Commission recommendation with conditions as recommended by staff. Chairman Clark called for persons to speak in favor of or in opposition to the application. Chat Hart, Sentara Healthcare, requested the Board to approve the application which will allow for healthcare services that are needed in this region. Charles Deton of 20013 Beachwood Lane spoke in favor noting that he would prefer not to have to travel across the James River Bridge in order to receive medical services. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Board approve the application, as conditioned. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Brown moved that the Board receive a presentation from Clara Jones, representing the Orchards Garden Thomas Park Citizens Group, regarding sewage/septic tanks at this point in the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Clara Jones of 9356 Jenkins Lane requested the Board?s consideration of installing a sewage line in the community of Jenkins Lane, Orchards Garden and Thomas Park, which consist of fifty-eight (58) homes, one (1) business and the Hardy Elementary School. She stated that the Hardy Elementary School has its own contained sewage system and approximately twenty (20) homes have had or are having drainage problems with their systems, which usually occur following a hard rain. She stated that these 34 homes hope to avoid the cost of repairing or replacing their sewage system by connecting to a sewage line if one (1) was available. She submitted a petition from all of the households within the community requesting favorable consideration for inclusion into any plans for expansion of a sewage system into the County. Supervisor Brown moved that staff be directed to bring back a report to the Board at its April 17, 2008 meeting which includes the feasibility of extending sewer through the Thomas Park neighborhood to Hardy Elementary School; the County?s policies as it relates to this issue; and, a preliminary cost estimate with the number of customers to be picked up. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Patrick J. Small, Assistant County Administrator, made reference to the report contained in the agenda relative to the Isle of Wight County Museum reconstruction. Supervisor Bradshaw commented that the report constantly refers to the need for code compliance, public safety and accessibility; however, he has never seen a report from the Director of Inspections. Mr. Small advised that the architect has worked with the Director of Inspections from the beginning and that Mr. Berkley had attended the majority of the meetings at the museum with the consultant and staff and the former Foundation Chairperson. He stated that the Director of Inspections has reviewed the proposed plans. Supervisor Bradshaw questioned if the HVAC system was replaced, could it be run today. Mr. Small replied yes, as well as the electrical system. Chairman Clark commented that the steps taken by staff to date are steps that the Board directed them to take a year ago. He stated that staff has done what the Board asked them to do. Anne Edwards, Chairman of the Isle of Wight County Museum Foundation Board, stated that the Museum Board would like for the museum to be open. She stated the first plans submitted to the Museum Board were in August 2007 when they were informed that the Tourism Board would be moving into the museum facility. She stated that the Museum Board and the community were upset by that because they were not asked and there was no extra space as the Museum Board was looking forwarding to having the apartment upstairs for the Museum, as well as the elimination of certain 35 display space downstairs. She advised that she was invited to a meeting in January 2008 with Mr. Small and the architects, at which time the plans were revised and they were still told that certain things were needed for code compliance. She stated the goal of the Museum Foundation was to change the Museum building as little as possible in order to get it opened as quickly as possible. She advised that she did not know until recently that there was a possibility that the Code requirements did not have to be adhered to, but she has not had an opportunity to talk to the remaining Museum Board members to determine how they feel. Responding to Supervisor Casteen, Ms. Edwards requested that the Board wait a month to allow her an opportunity to talk to the other Museum Board members. Supervisor Bradshaw questioned if the downstairs is available for use. Mr. Small replied that the current plans show that space as being used for work space for the mock up of displays that will be set up and for the care and cleaning of artifacts on a limited basis and office space. He advised that staff can not guarantee the Board that the basement will not flood again; therefore, staff does not recommend that displays be located in the basement again. He stated that the architect advised that it would not flood with watertight doors. He stated that while the architect can not advise when the next Nor?easter will hit, there has been water in that basement three (3) times in the past decade. Supervisor Bradshaw inquired why the water came into the basement of the museum. He stated that the consultant advised that the drainage was not feasible and needed fixing and once the drainage was fixed the probability of flooding would not occur. Mr. Small stated that he did not believe that was accurate. He advised that most of the buildings located along Main Street experienced flooding even though they were at a higher elevation than the Museum. He stated it was the drainage system that was overwhelmed, not the drainpipe. He stated that staff is suggesting that people?s valuable possessions should not be stored in the basement. Chairman Clark inquired what kind of time period is needed if the Board decided to open the Museum as quickly as possible. Mr. Small stated that it will take two (2) to four (4) weeks to change the plans; procurement process for the new system and the rewiring of the basement to tie it back into the system located upstairs; and, five (5) to seven (7) months of construction and installation. He stated three (3) to four (4) months? time could be saved versus doing the full build. Supervisor Brown inquired if the mold had been addressed. 36 Mr. Small replied yes that the basement has been completely environmentally remediated. He recalled that while some of the code compliance issues were not required, they were recommended by staff for ADA accessibility and safety as things that should be done while the Museum was not open. He stated that the building is old and the wiring outdated. He stated that the Director of Inspections informs him that the use in any part of that facility can not be changed, which means that the upstairs apartment can not be utilized for anything other than residential; otherwise, it will have to be brought into code compliance. Supervisor Casteen stated he is interested in finding out what the minimum changes are that can be made to the Museum in order to get it open and up and running as a museum as it was before it flooded. Supervisor Bradshaw moved to direct staff to work with the Museum Foundation and develop a plan to get the Museum open at a minimum cost and with a minimum impact; report back to the Board with a cost estimate and timeline at its March 20, 2008 meeting; and, have the Director of Inspections address the code issues. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Small reported that the issue of off-site storage for museum artifacts has been resolved and climate controlled and secured space will be rented in Newport News at a cost of $21,000 annually. // Chairman Clark called for Citizens Comments. Sherry Bailey of 8557 Whispering Pines Trail addressed the Board on the importance of managing and eliminating feral cat colonies in the County. She advised that Animal Control does not have room at the shelter, nor the resources to trap her neighbor?s cats, of which there are over 80. She advised that on January 7, 2008 her son was bitten by one of the neighbor?s cats, but because there was no way to identify which of the 20+ grey and black cats belonging to her neighbor that had bitten her son, it was necessary for him to receive rabies shots. She further advised that on January 24, 2008 her dog was bitten by one of her neighbor?s cats which required medical treatment. She noted to date, 40 cats have been removed. She noted that her neighbor had no licenses for these cats and when a cat was impounded, she simply picked them up from the kennel with no fees imposed because the cats had not stayed overnight and staff could not charge an impoundment fee. She requested that recognition be given to the fact that the County has a feral cat problem and that the Board empower its staff through ordinances, resources and funds in order to protect the public health issues related to this problem. 37 Chairman Clark advised that the matter would be further discussed by the Board later in the meeting under Old Business. Jack York, Red Cross Board Member, recalled that he had addressed the Board last month requesting $50,000 per year over a five (5) year period for a total of $250,000. He notified the Board that the Newport News City Council has approved $750,000 to be placed in its Capital Improvements Program to build a new Red Cross building. Chairman Clark moved that staff be directed to contact Mr. York in advance of the March 20, 2008 Planning Commission CIP public hearing. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw requested that Ms. Bailey?s concern be addressed at this time. Chief Animal Control Officer Sullivan advised that according to State law any animal that has a collar shows ownership of an animal and it can be claimed by anyone who can identify it. He further advised that the County?s policy is that if an animal is claimed, proof of rabies and/or County tags must be shown within a certain timeframe, normally ten (10) days. He advised that charges have been brought against the owner of the cats and a court date is scheduled for March 6, 2008. He advised that he is in the process of gathering information so that he can develop a more comprehensive colony control policy to be utilized in the County. Assistant County Attorney Popovich advised that he has conducted preliminary research, but additional research is needed with regard to what legal authority the County has with respect to cat colonies. Sheriff C. W. Phelps advised that there have been times that Animal Control staff were unable to assist Ms. Bailey because of the lack of room at the present Animal Control facility. He indicated that Mr. Mitchell, who resides in the same neighborhood as Ms. Bailey, has also been having the same problem with the large concentration of cats. // Chairman Clark called for Board comments. There were no comments offered for discussion by the Board. // 38 Chairman Clark called for the County Attorney?s report. Assistant County Attorney Popovich presented a proposed amendment to Chapter 12. Offenses/Section 12-11. Hunting Near Public Schools or Parks Prohibited for the Board?s discussion and consideration. Chairman Clark commented that the Newport District was having trouble with firearms being shot near subdivisions. He advised that when he originally discussed this matter, he wanted the amendment to be specific to the Newport District, which is more populated. Chairman Clark moved that the matter be tabled and that the regulations be specific to the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented a revised copy of Chapter 10. Licenses/Article II License Tax Schedule/Section 10-9. License Tax Schedule for the Board?s discussion and consideration. Supervisor Bradshaw moved that the County Attorney?s office be authorized to advertise the matter for public hearing at the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented an Appendix C. Purchase of Agricultural Conservation Easement Program for the Board?s discussion and consideration. Supervisor Bradshaw moved that the County Attorney?s office be authorized to advertise the matter for public hearing at the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented a Professional Services Agreement/Resource International, Ltd. Supervisor Bradshaw moved that the Chairman be authorized to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 39 Assistant County Attorney Popovich stated pursuant to the direction of Supervisors Bradshaw and Casteen, enclosed are Rules of Procedure for the Board?s discussion and consideration. Supervisor Casteen moved that the matter be tabled until the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich advised that per the Board?s previous direction, revisions to the AIA contract for the Smithfield Fire Department have been agreed to by the architect to increase his responsibilities. He noted that an increase in insurance coverage was not made because it would have increased the overall project cost. Assistant County Attorney Popovich advised that he had three (3) items to discuss with the Board during the Closed Meeting. // Chairman Clark called for the Parks and Recreation report. Gina R. Ippolito, Recreation Administrator, briefed the Board on the after school program currently being offered at Westside Elementary School free of charge. She advised that only three (3) children participate in the current program and staff is recommending that the after school program be dissolved in lieu of the fact that the YMCA also currently runs the same program at the site for a fee of $45. She advised that the YMCA is offering a discounted rate to the County for the three (3) children and staff recommends that the County cover the charge for moving those children into the YMCA program. Supervisor Wright moved that the Department of Parks and Recreation be authorized to dissolve the After School Program at Westside Elementary School on or before March 7, 2008 and authorize the use of funds currently budgeted for scholarships ($2,500) in the Community Youth Program Budget to cover the tuition of participating families that wish to enroll with the YMCA. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Assistant County Attorney Popovich presented a request for authorization of a change order with Sunward HTE Inc. for the backup server and software purchase for the Emergency Communications Department. 40 Supervisor Brown moved that the Board authorize the Chairman to execute the Change Order on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the General Services report. Ms. Mazur presented a request for approval of a change order for additional work needed at the Joel C. Bradshaw Fairgrounds project at Heritage Park. She advised that the project budget is not being exceeded by this request. She advised that $946,000 out of a $2.7 million dollar budget has been spent to date on the Fairgrounds. Supervisor Bradshaw noted that the ditches at the Fairgrounds do not appear to be draining properly on the south, east and back side of the property. Ms. Mazur replied that there is still work to be done in that regard, but according to the engineering plan, it will be addressed. Supervisor Brown moved that Change Order #1 be approved for the needed amount of $132,000. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright reported that there are cracks in the surface road at the Windsor Volunteer Fire Department and he requested that Ms. Mazur investigate the problem and advise him next month on a plan of action. Supervisor Wright requested that staff contact Mr. Sam Duck on Blackwater Road at Chapel Grove Church relative to street lights being installed and report back to him next month. Ms. Mazur recognized Tony Wilson for bringing the 600-foot road project at the industrial park in on time and 19% under budget. Supervisor Bradshaw inquired when staff expects to bring the Carrsville water system on-line. Ms. Mazur reported that staff is awaiting a permit release from the Department of Environmental Quality. // Chairman Clark called for the Emergency Services report. 41 Joseph R. Chase, Emergency Management Coordinator, formally recognized Thomas Finderson, Jack York and the Red Cross for assisting a family from Camptown with relocation that was affected by a tree that fell on their house during the recent fires. Steven A. Aigner, Fire and EMS Coordinator, advised for the Board?s information that he had received a staffing request from Chief Jones, Rushmere Volunteer Fire Department, for assistance during the hours of 6:00 a.m. to 3:00 p.m. He advised that there is one (1) position available at this time that can be assigned to the Station, but the rest of it will have to come in next year?s budget process. // Chairman Clark called for the County Administrator?s report. County Administrator Caskey presented a Resolution to Appropriate Funds in the amount of $18,850 from the Unappropriated Fund Balance for the Electoral Board for the Board?s consideration. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE ELECTORAL BOARD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional appropriation for the Electoral Board; and, WHEREAS, funds in the amount of eighteen thousand eight hundred fifty dollars ($18,850) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighteen thousand eight hundred fifty dollars ($18,850) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2007-08 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 adjustment in the budget and to do all things necessary to give this resolution effect. 42 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Emily G. Haywood, Director of Human Resources, addressed the issue of the County?s health insurance plan renewal, which increased 5.3%. She recommended that the Board fund the entire cost of the insurance increase, which for the remainder of this fiscal year will equal $20,000 and which is already included in the budget. Chairman Clark moved that the Health Insurance renewal included in the Board?s agenda be adopted, effective March 1, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey recalled that staff addressed the Board relative to the concept of developing community/village signs. He advised that funding was secured through the Carrsville Ruritan Club in the amount of $8,000 to begin that effort in the southern end of the County. He stated the Board Report included in the Board?s agenda identifies a proposed location of the signage which has been discussed with the Southern Development Committee. He called to the Board?s attention that the funding donated by the Carrsville Ruritan Club provides for a sign at the various communities of Colosse, Walters, Camptown and Carrsville. Supervisor Bradshaw moved to approve the proposed sign design and location sites and that two (2) signs be installed as designated, with the County funding the additional $8,000 from the Unappropriated Fund Balance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson provided a brief overview of legislative matters under consideration at the General Assembly. He advised that SB 768 has been carried over to 2009; HB 124 (Machinery and Tools Tax) was carried over to 2009; the Bill submitted on behalf of the County by Delegate Barlow which will allow the County to place liens on water and sewer bills did pass the House and the Senate. Chairman Clark requested Mr. Robertson to check the status of the Bill introduced by Delegate Barlow which would allow Judges to take matters under advisement. Mr. Robertson addressed the Board regarding potential dates and times for the Board to hold its annual Town Meeting. 43 The Board concurred with conducting a Town Meeting on April 26, 2008 at 10:00 a.m. at Westside Elementary School. Lisa T. Perry, Director of Economic Development, requested the Board to commit funding in the amount of $5,000 for the Olde Town Curb Market. She stated her request is contingent upon the Town of Smithfield funding the same amount as the County. She advised that a budget for the past year has been received. Supervisor Bradshaw commented that in the past this market has been a Chamber of Commerce sponsored event run by the Chamber. Judy H. Winslow, Director of Tourism, stated that the Chamber of Commerce has recently reexamined where their focus needs to be and have decided that is not where they want to spend their efforts. She stated that since this transition occurred suddenly, staff is in the process of working out the details. Supervisor Casteen moved that the Board fund $5,000 contingent upon the Town funding the same amount and that staff bring back a strategic plan to the Board for its review and approval at its March 20, 2008 meeting on how to move forward. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for consideration of the Consent Agenda. A. Update on Homeless Issues in Isle of Wight County B. Request for Proposal ? Non-Professional Services: Financial Advisory Services . Resolution to Authorize the Solicitation of Proposals for Non-Professional Services for Financial Advisory Services C. Resolution to Appropriate Funds for the County Attorney?s Office . Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Isle of Wight County Attorney?s Office in the Amount of Fifty Thousand Dollars D. Resolution to Appropriate Funds for the County Attorney?s Office 44 . Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Isle of Wight County Attorney?s Office in the Amount of Eighty-Five Thousand Dollars E. Solid Waste Plan 2018 F. Proposed Capital Improvements Plan ? FY 2009-13 G. Revised Budget Calendar H. Monthly Financial Reports for County and Schools I. Litter Pickup J. Delinquent Real Estate Tax Collection Monthly Report K. November 15, 2007 Regular Meeting Minutes L. November 20, 2007 Special Meeting Minutes M. November 28, 2007 Special Meeting Minutes N. December 13, 2007 Retreat Meeting Minutes O. December 13, 2007 Regular Meeting Minutes P. January 3, 2008 Regular Meeting Minutes Q. January 17, 2008 Regular Meeting Minutes Supervisor Wright moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Appointments. Supervisor Bradshaw moved that the Board reappoint Mike Klusmeier to serve on the Wetlands Board representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board appoint Supervisor Casteen to serve on the Joint Tourism Committee, replacing Thomas R. Ivy. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, 45 Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board accept the resignation of Tom Baise as the Fair Committee Chairman and Chairman of the Logistics Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board accept the resignation of Dianna Baise from the Fair Committee and as the Co-Chairman of the Logistics Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to appoint David Sawyer as the Fair Committee Chairman. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Old Business. A. The application of Isle of Wight Properties, Ltd., owner, and New Cingular Wireless PCS, LLC (t/a AT&T), applicant, for a Conditional Use Permit to construct a 165 foot monopole communications tower with related antennas and a 4 foot lightning rod, with an equipment shelter and related communications equipment on approximately five (5) acres of land located at 23195 Vellines Lane, in the Newport Election District. Supervisor Casteen moved that the Board table the application for sixty (60) days. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. B. The application of Isle of Wight Materials Company, Inc., Henry W. Morgan, Richard L. Turner, Benns Church Properties, Arthur R. Kirk, Kirk Timber & Farming Company, Kirk Lumber Company, Bruce R. Kirk, Lynn K. Rose, Russell B. Rose, John R. Rose, J. Stokes Kirk, Sr., Family Trust, and Eagle Harbor, LLC, owners, and Benns Grant Commercial Development, Inc., Benns Grant Residential Development, Inc., and AH Benns Grant, LLC, applicants, for a change in zoning classification from Rural Agricultural Conservation (RAC) and General Commercial (GC) to Conditional Planned Development ? Mixed 46 Use (C-PD-MX) of approximately 618.6 acres of land located on the west side of Benns Church Boulevard (Rt. 10) near its intersection with Brewers Neck Boulevard (Route 10/32/258), in the Windsor Election District. The purpose of the application is to allow for construction of a mixed use development, including residential, commercial, civic, and office development. Chairman Clark moved that the Board table consideration of the application until the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. C. The application of Benns Church Properties, owner, and AH Benns Grant LLC, applicant, for a Conditional Use Permit for a proposed Wal-Mart to allow construction of a commercial retail facility with a building footprint greater than 80,000 square feet, which will include the following uses: drive-through pharmacy; garden center; and motor vehicle repair service/minor on approximately 21.2 acres of land on the west side of Benns Church Boulevard (Route 10/32) north of Muddy Cross Drive (Route 620) in the Windsor Election District. Chairman Clark moved that the Board table consideration of the application until the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. D. Guidelines for Community Development Authorities Chairman Clark moved that the Board table consideration of the Guidelines until the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. E. An Ordinance Creatingthe Benns Grant Community Development Authority Chairman Clark moved that the Board table consideration of the Ordinance until the Board?s March 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for discussion on the Riverview Park/Pinewood Heights relocation. 47 County Administrator Caskey advised pursuant to the direction of the Board at its January 17, 2008 meeting, staff has evaluated the feasibility of donating the entire property to the Town of Smithfield. Mr. Small advised that staff?s recommendation is that the County donate the building, the ball fields, tennis courts and Jaycee?s building. He stated it is not staff?s recommendation that the County donate the entire property to the Town for Pinewood Height?s use, but that some of that property be available for the use of Pinewood Heights and that the remainder of the property be used for the benefit of the residents of the Town. Supervisor Wright recommended that the memorial gardens be kept in place and that papers be drawn up and presented to the Town for its acceptance. Supervisor Bradshaw moved that the Board refer the matter to the Smithfield Intergovernmental Relations Committee and return to the Board with a recommendation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented a Resolution in Support of the Funding of an Educational Building for Eastern Virginia Medical School for the Board?s discussion and consideration. Chairman Clark advised that Mayor Fraime from Norfolk is requesting regional support of a resolution of support for additional funding for EVMS. Chairman Clark moved to adopt the following resolution: A RESOLUTION IN SUPPORT OF THE FUNDING OF AN EDUCATIONAL BUILDING FOR EASTERN VIRGINIA MEDICAL SCHOOL WHEREAS, the two branches of the General Assembly have before it approval of a $1.6 billion dollar referendum for higher education, the Senate referendum bill having included $59 million dollars to build a classroom building at Eastern Virginia Medical School, the first new education building in 30 years, and the House of Delegates referendum bill deleting the $59 million dollars sought by the Eastern Virginia Medical School (EVMS) from the bond referendum and sale; and WHEREAS, the proposal is to construct a building of classrooms and laboratories and to modernize the existing facilities and these improvements are necessary to meet the growing demand for more doctors; the Association of American Medical Colleges (AAMC) having recommended that enrollment be raised by 30% to meet this growing demand; and that the present enrollment at EVMS is 330 students and the improvements would 48 permit enrollment to be increased by 100 students thus meeting the AAMC recommendation; and WHEREAS, the Governor has recommended the $1.6 million dollar bond referendum and requested the General Assembly to approve the referendum so it may be on the November 2008 ballot; the Governor has noted physician shortages as a reason for the improvements; and the Governor has recommended that EVMS, the Medical College of Virginia in Richmond, and a proposed medical school at Virginia Tech to be located at Roanoke each receive $59 million dollars from the bond sale and EVMS is the only school of three proposed recipients which has been proposed for exclusion; and WHEREAS, EVMS is an essential part of the medical care system in Hampton Roads without which the physician shortage would increase, the costs of healthcare will rise, and the attraction of new businesses and the retention of existing businesses will be significantly impacted; and WHEREAS, the exclusion of EVMS from the bond referendum proceeds would be unfair to the school, and the community and region which relies upon the availability of quality, accessible, and economic health care and trained medical professionals from facilities such as EVMS; many of whom stay and practice in the Hampton Roads area. BE IT RESOLVED by the Board of Supervisors of Isle of Wight County; Section1: That the Board of Supervisors recognizes the critical importance of the existence of and continuing presence of Eastern Virginia Medical School to Isle of Wight County and the Hampton Roads area and their residents in providing quality health care by trained medical professionals; Section 2: That the improvements sought by EVMS are necessary and appropriate in response to recommendations of interested parties; Section 3: That the Board of Supervisors affirms its support of EVMS and requests that, accordingly, the Virginia General Assembly pass the Senate version of the $1.6 billion dollar referendum including $59 million dollars to go to EVMS for construction of a building which will have new classrooms and new laboratories and upgrading equipment. Section 4: That in the event the designated proceeds from the bond issue are reduced or increased that each of the three receiving schools shall each receive the same amounts. Section 5: That this resolution shall be in effect from and after the date of its adoption. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for New Business. 49 Chairman Clark requested that staff address the condition of the shell building in the Isle of Wight Industrial Park and advise Charlie Daniels regarding the County?s plan for the vacancy of the building. Chairman Clark requested staff report on the derelict house on Cedar Grove Road. Ms. Walkup advised that Arthur E. Berkley, Director of Inspections, will make a report to the Board at its March 20, 2008 meeting. Supervisor Wright requested that gates and no trespassing signs be installed at the Shirley T. Holland Commerce Park to discourage motorcyclists and four wheelers from driving over the hills on the back side of the building. He further requested that the Sheriff?s Department should also patrol this area. Supervisor Bradshaw moved to direct staff to schedule a joint social meeting with the School Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to direct staff to work with the Hampton Roads Sanitation District on the sewer extension for Route 58. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to direct staff to contact the City of Franklin regarding the development of a regional Airport Authority. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that staff be directed to develop a report showing all property that has been rezoned since 1997, but not developed (to include the year it was rezoned). The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Assistant County Attorney Popovich requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Code of Virginia for discussion with legal counsel regarding the consideration of the investment of public funds pertaining to the PACE Program; pursuant to Section 2.2-3711.A.3 for discussion with legal counsel regarding the acquisition of real property pertaining to the Blackwater River project; pursuant to Section 2.2-3711.A.5 regarding a perspective business where no previous announcement has been 50 made; and, pursuant to Section 2.2-3711.A.1 for discussion with legal counsel regarding a personnel matter. Supervisor Wright moved that the Board extend its meeting time beyond the hour of 11:00 p.m. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board enter the Closed Meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; 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. 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