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03-20-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF MARCH IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice-Chairman (Arrived at 4:05 p.m.) Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk th Chairman Clark introduced Kateland Bradshaw, a 10 grade student from Windsor High School, who called the meeting to order at 4:00 p.m. // Chairman Clark delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney?s report, add a Resolution To Accept and Appropriate Grant Funds from The Virginia Department Of Agriculture And Consumer Services for the Purchase of Development Rights; under the County Attorney?s report, add an Agreement with Davenport and Company for the purpose of providing financial advice relative to the County?s $10 Million General Obligation Bond Issuance; under the County Attorney?s report, add a sole source contract with Gately Communications Company for the provision of hardware and software upgrades (SCADA) for the County?s pump stations; under the County Attorney?s report, add a professional services agreement with Bury Partner?s for the provision of professional engineering services relative to the Courthouse Complex; under the County Attorney?s report, add a discussion relating to the daycare and agricultural buildings located on the James and Washington Street property; under the County Attorney?s report, remove the County Attorney?s reply to Supervisor Bradshaw?s inquiries relative to Benn?s Grant; under the County Attorney?s report, add the acceptance of the 1 deed for the Smithfield Volunteer Fire Department; under Old Business, add an item concerning the Early Childhood Program; under New Business, add an item concerning the 2010 census; under the Closed Meeting, add seven (7) items; move the Fire and Rescue Strategic Plan report from the Emergency Services section of the agenda to immediately follow Special Presentations; under the General Services report, remove the report entitled ?Stage 2 Disinfectants and Disinfection Byproducts Rule?; and, under the County Attorney?s report, add a request to approve the claim made by Ann Sullivan, attorney for Alan Nogiec, regarding his law suit. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. // Chairman Clark called for Special Presentations/Appearances. Chairman Clark formally presented A Resolution of Appreciation to Thomas R. Ivy, which was adopted by the Board at its January 3, 2008 meeting. A Resolution In Recognition of the Service of The Honorable Robert B. Edwards was presented for consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION IN RECOGNITION OF THE SERVICE OF THE HONORABLE ROBERT B. EDWARDS WHEREAS, the Honorable Robert B. Edwards has served as Chief Judge of the General District Court for the Fifth Judicial District for 39 years; and, WHEREAS, the Honorable Robert B. Edwards retired as Judge of the General District Court for the Fifth Judicial District effective December 31, 2007; and, WHEREAS, the Board of Supervisors of Isle of Wight County wishes to recognize Judge Robert B. Edwards for his wisdom and dedicated public service to the citizens of Isle of Wight County; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County does hereby recognize the 2 Honorable Robert B. Edwards for his dedicated public service as Chief Judge of the General District Court for the Fifth Judicial District for 39 years; and, BE IT FURTHER RESOLVED that the Board of Supervisors expresses its best wishes to the Honorable Robert B. Edwards on the occasion of his retirement. 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 formally recognized R. Edward Blount in attendance and called for consideration of a resolution in recognition of his services. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION IN RECOGNITION OF THE SERVICE OF R. EDWARD BLOUNT WHEREAS, R. Edward Blount, was appointed to the Isle of Wight County Electoral Board in 1964 and served on the Electoral Board for 44 years; and, WHEREAS, Mr. Blount also served as Clerk of the General Election for 12 years; and, WHEREAS, during his tenure on the Electoral Board, he diligently conducted and oversaw elections within the County, saw a significant growth in the registered voters in Isle of Wight, implemented Federal and State voting mandates, and oversaw significant changes in the voting process brought on by new equipment, including the implementation of statewide automated voter registration; and, WHEREAS, during his long and distinguished service Mr. Blount was instrumental in successfully overseeing tremendous change, growth and progress within Isle of Wight County; NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that R. Edward Blount be recognized and commended for his distinguished service to the citizens of Isle of Wight County, and is presented this Resolution as a token of the Board?s gratitude and esteem; and, BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to R. Edward Blount its best wishes for his future 3 endeavors and orders that a copy of this Resolution be spread upon the th minutes of this Board this 20 day of March 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. // Mr. James Ray, Government Relations Manager, Charter Communications, introduced Mr. Thomas L. Ross, Jr., Operations Manager, Charter Communications. Mr. Ross advised that in 2007, Charter Communications provided service to 158 additional homes in the County, for a total 12,107 and installed 210 miles of fiber optic cables for schools and 8.29 miles of cable for businesses in the County. He presented a map depicting the areas of the County that service from Charter can be purchased. He explained that certain build-out criteria must be met before cable can be installed and Charter Communication?s franchise, which will expire in 2010, currently quotes 35 homes per mile. He noted that 21 channels had been added and that there are plans to introduce digital telephone service in the County. Supervisor Bradshaw suggested that in anticipation of the renewal of the franchise agreement that Charter and staff begin discussions regarding ways in which to expand Charter Communication?s services in the rural areas of the County. Dr. Michael W. McPherson, Superintendent of Public Schools, advised that the demographic study is expected to be complete in the next couple of months and the school system is willing to become a part of the study group involved with the Early Childhood initiative. He thanked staff for its cooperative effort during the budget process. Patrick J. Small, Assistant County Administrator, formally introduced Mark Furlo, the County?s new Parks Administrator, to the Board. // Thomas R. Ivy introduced Devin Butler and Bill Chapman, representatives of the Fire and Rescue Association. Mr. Ivy presented the Fire and Rescue Strategic Plan to the Board, noting that it had been adopted by the Fire and Rescue Association by unanimous vote. Supervisor Wright moved that the Board adopt the Fire and Rescue Strategic Plan as recommended by the Fire and Rescue Association. The 4 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 that the Governor had announced that he would be calling a special session of the General Assembly relative to the Hampton Roads Transportation Authority. Supervisor Wright reported that a search for the new Western Tidewater Regional Jail Superintendent is still underway. Supervisor Bradshaw distributed a copy of information that was obtained at the most recent meeting of the Hampton Roads Economic Development Alliance, which he was unable to attend. Supervisor Bradshaw reported that a new Director of Social Services has been hired. Supervisor Bradshaw advised that there will be a regional meeting held at the Wakefield 4-H Center on March 31, 2008. Supervisor Brown advised that John Hadfield, Executive Director, Southeastern Public Service Authority, has announced his retirement. He advised that the State?s largest landfill in Sussex has agreed to pay over $14,000 in fines for 8,000 gallons of garbage spilling into wetlands. He advised that six (6) of the eight (8) member communities of SPSA have adopted flow control, but the Cities of Suffolk and Virginia Beach have not. He stated SPSA?s goal is to have the commercial and municipal rates equal. He advised that SPSA?s general banking services have been changed from Bank of America to Wachovia. He stated there has been a change to the RFD, which resulted in a $2 million capital savings. Supervisor Casteen reported that guest speakers at the March 12, 2008 meeting of the South Hampton Roads Resource Conservation and Development Council reviewed the weekend incentive sanction program aimed at helping juveniles through weekend agricultural projects. He advised that the Council voted to fund its startup, which is using donated land from a family in Suffolk. He advised that the Council also voted to help fund a seminar addressing bee keeper concerns on April 8-10, 2008 and that Rex Cotton has joined the Council as a member. Supervisor Bradshaw reported that International Paper (IP) has held a community relations meeting and the Corporate Governmental Affairs representative addressed the Homestead Act and the Machinery & Tools 5 Act. He recommended that County Administrator Caskey and staff take a tour and receive IP?s presentation on the paper mill with respect to how IP is moving forward with addressing environmental issues. Supervisor Bradshaw reported that the congressional delegation is requesting that another letter be submitted in support of funding for the recognizance study for the Chowan River. He advised that the study has been approved; however, there is no funding allocated for this year. He advised that a subcommittee is to be appointed charged with make recommendations, in conjunction with the Army Corps of Engineers, concerning acquiring the funding for water-level and rain gauges for the Blackwater River associated with the Weather Center?s forecast. // Chairman Clark called for Transportation Matters. Mac Neblett, VDOT Residency Administrator, notified the Board that the investigation conducted by Traffic Engineering to determine if marked crosswalks are warranted on Route 17 with the Eagle Harbor Parkway intersection has revealed that none of the intersections are compliant with the American with Disabilities Act; that a turning movement count, to include pedestrian counts, had been conducted on March 12, 2008 revealed that 24 pedestrians crossed Route 17 during the period of time of 6:00 a.m. until 6:00 p.m.; and, that a crash history from January 1, 2004 to date revealed that there were nine (9) reported crashes for that intersection of which none involved a pedestrian. Chairman Clark inquired if pedestrian signal signs could be installed at the crosswalks. Mr. Neblett responded that current pedestrian usage does not meet the criteria for pedestrian signalization. Supervisor Bradshaw moved that staff be directed to request from the District Administrator if Federal Transportation Safety Funds could be utilized for this crosswalk due to safety 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. Neblett reported that the State has announced that it anticipates spending $1.1 billion less on roads over the next six (6) years, which will affect urban, secondary and primary programs. He advised that the County received $811,000 last year and is expected to receive $431,000 in the upcoming fiscal year. 6 Supervisor Wright notified Mr. Neblett that Mr. Walker?s ditch concern had not been addressed. Mr. Neblett advised that normal maintenance of an outfall ditch outside of the road right-of-way is not conducted by VDOT. Supervisor Wright inquired about the status of Bowling Green Road. Mr. Neblett advised that the concern is currently being reviewed by VDOT Traffic Engineering staff. Supervisor Brown inquired about a proposed solution for Owens Estate. Mr. Neblett advised that VDOT intends to keep as much water within the drainage ditches parallel to Route 10 carried down to Lawnes Creek. He advised that he anticipates completion of the project by mid to late summer, depending on the availability of funds. Supervisor Brown inquired about the status of the guardrail extension project at the curve on Courthouse Highway. Mr. Neblett advised that there are utility cables currently in the way which need to be relocated. He offered to investigate the possibility of installing an additional warning sign ahead of the existing sign. Supervisor Bradshaw notified Mr. Neblett that the speed limit signs are still down at Thomas Woods Trail on the County?s side. Mr. Neblett noted that he would see that the signs are addressed. Supervisor Bradshaw inquired if State reductions in funding are going to impact the Route 460 project relative to flooding conditions. Mr. Neblett advised that that project could be addressed with available funds and that he would anticipate having a report for the Board by the end of the month. Chairman Clark distributed a picture taken by staff on Campbell?s Chapel Road depicting a vault that had fallen as a result of past easement work performed by VDOT. Mr. Neblett stated that Campbell?s Chapel Road had been rebuilt as a rural addition road that VDOT had been very careful not to go beyond the existing ditches at that time. Chairman Clark reiterated that the erosion occurred following the road being rebuilt by VDOT. 7 Chairman Clark moved that Kristin Mazur, County Engineer, be directed to work out a solution with VDOT to the problem on Campbell?s Chapel Road. 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 requested the status of the enhanced penalty signs for Gatling Pointe. Mr. Neblett offered to check the status and report back to the Board. Grace Keen requested the status of gates/variable message signs for the James River Bridge. Mr. Neblett advised that funding in the amount of $1.2 million is available to complete the design and installation of the gates and variable message signs at the James River Bridge. He further advised that the project will begin in the summer. Grace Keen requested appropriate action be taken to correct the current condition of Yellow Rock Road. Chairman Clark moved that the Board direct Ms. Mazur to research the minutes and report back to the Board at its April 3, 2008 meeting where the County left off with acquiring Yellow Rock Road. 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 Citizens Comments. Grace Keen requested that the Board take action to protect historic St. Lukes Church from surrounding modern development. Bob Cantrell requested that the Board adopt a county-wide leash law. Herb DeGroft, 15411 Mill Swamp Road, addressed the proposed School Board budget. Dee Dee Darden, 16429 Bowling Green Road, addressed a concern about the number of County Department Heads that have left the County?s employment. She expressed interest in knowing the amount of County funds that have been spent on the Benn?s Grant project and the Museum with respect to outside consulting firms and staff?s time. She inquired how the County anticipates addressing its transportation needs and questioned if 8 the County has the proper tools in place to manage residential and industrial growth. // 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. Chairman Clark 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. // Chairman Clark called for Board Comments. No comments were offered by the Board. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton requested that the Board authorize him to approve a refund to Tract 7, LLC in the amount of $4,961.84 for a County Business License for the tax years 2007, 2006 and 2005. Supervisor Bradshaw moved that the Board authorize the Interim County Attorney to approve a refund to Tract 7, LLC in the amount of $4,961.84 for a County Business License for the tax years 2007, 2006 and 2005. 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. Interim County Attorney Burton requested that the Board authorize him to approve a refund to Tract 3, LLC in the amount of $6,884.71 for a County Business License for the tax years 2007 and 2006. Supervisor Casteen moved that the Board authorize the Interim County Attorney to approve a refund to Tract 3, LLC in the amount of $6,884.71 for a County Business License for the tax years 2007 and 2006. 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. 9 Interim County Attorney Burton requested that the Board authorize him to approve a refund to PACCAR Leasing Company in the amount of $5,100.00 for the tax year 2007. Supervisor Bradshaw moved that the Board authorize the Interim County Attorney to approve a refund to PACCAR Leasing Company in the amount of $5,100.00 for the tax year 2007. 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. Interim County Attorney Burton requested that the Board authorize the County Attorney?s office to advertise for public hearing Chapter 15. Taxation. Article IV, Electric and Natural Gas Consumers Tax. Section 15- 11. Electric Utility Consumers Tax and Section 15-12. Local Natural Gas Utility Consumer Tax at the Board?s April 17, 2008 meeting. Chairman Clark moved that the Board authorize the County Attorney?s office to advertise the matter for public hearing at the Board?s meeting of April 17, 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. Interim County Attorney Burton presented an amendment to the Planning Commission?s By-Laws which clarifies when the Chairman takes office. Supervisor Brown moved that the Board approve the Planning Commission By-Laws 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. Interim County Attorney Burton recommended that the matter concerning a Memorandum of Agreement with the Clerk of the Isle of Wight Circuit Court be deferred until following the Closed Meeting. Interim County Attorney Burton advised that he has approved the Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the County to form and recommends that the Board authorize the County Administrator to sign it on behalf of the Board. Rachel Morris-Chieppa, Rural Economic Development Manager, advised that the State?s farmland preservation program will be funded in the amount of $4.25 million and the County will receive $403,000. She noted that the County?s PACE Program is well recognized. Supervisor Bradshaw moved that the Board authorize the County Administrator to execute the Intergovernmental Agreement between the 10 Virginia Department of Agriculture and Consumer Services and the County 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. Interim County Attorney Burton advised that he has approved as to form the Standard Form of Agreement between the Owner and Architect/Moseley Architects, P.C. for architectural services for the new Courts facility and recommends that the Board authorize the Chairman to execute it on behalf of the Board. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Standard Form of Agreement between the Owner and Architect for architectural services for the new Courts facility 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. Interim County Attorney Burton briefed the Board on the suit instituted by Alan Nogiec against Patrick J. Small, Assistant County Administrator and the County. He advised that the County, in turn, had filed demurs to the suit. He stated subsequent to that, a hearing was to be held and counsel for Mr. Nogiec filed a non-suit as to the case; however, he has been advised by counsel that it is her intention to refile the suit. He advised that there is a statute in Virginia that requires that to be considered by the Board before a suit is brought a claim must be made. He stated that there is a defamation and contract claim and VACo and Risk Management of Virginia have said that the contract claim is not covered under the County?s insurance coverage; however, the defamation claim is and they are being defended under that basis. He stated should the defamation claim in the future be dismissed and it would solely be a contract claim, it would be the County?s responsibility to pay. He recommended that Attorney Guynn be hired to represent the County on the contract claim. Chairman Clark moved that the County authorize the County Attorney to hire Attorney Guynn with regard to the Nogiec contract claim. The motion was adopted by a vote of (5-0) withSupervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested a motion to correct the minutes of the September 20, 2007 Board of Supervisors? meeting. Chairman Clark moved that Page 14 of the Board of Supervisors? Minutes of September 20, 2007 pertaining to the application of Locust Grove partners, L.C. and E. E. Holloway, Jr., Estate owners, and Bay Sand Company, Inc., operator, for a Conditional Use Permit to allow construction and operation of two (2) borrow pits be amended as follows: 11 . Delete: Supervisor Bradshaw inquired if a traffic impact assessment has been done on Muddy Cross Road. . Add: Supervisor Bradshaw inquired what the current traffic count is on Muddy Cross Drive. . Add: Supervisor Clark commented that a traffic impact assessment has not been done. . Delete: Ms. Walkup replied that staff was unable to obtain a traffic impact assessment from the State. . Add: Ms. Walkup responded that information could not be obtained. 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. Interim County Attorney Burton presented a Professional Services Agreement between the Board and R. Stuart Royer and Associates, Inc. which he has approved as to form and recommends that the Board authorize the Chairman to sign on behalf of the Board. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Professional Services Agreement between the Board and R. Stuart Royer and Associates, Inc. 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. Interim County Attorney advised that he had six (6) items to discuss with the Board later in Closed Meeting. Chairman Clark moved that the Board add an additional Closed Meeting item per Supervisor Brown with regard to a personnel matter. 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. Interim County Attorney Burton presented a Resolution to Accept and Appropriate Grant Funds from The Virginia Department of Agriculture and Consumer Services for the Purchase of Development Rights for the Board?s consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: 12 RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE PURCHASE OF DEVELOPMENT RIGHTS WHEREAS, the Board of Supervisors of Isle of Wight County has received notice of award by the Virginia Department of Agriculture and Consumer Services for the purchase of development rights; and, WHEREAS,the grant funds in the amount of four hundred three thousand two hundred nineteen dollars ($403,219), or so much as shall be received from the Virginia Department of Agriculture and Consumer Services needs to be accepted and appropriated to the FY 2007-08 Operating and Capital Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that grant funds in the amount of four hundred three thousand two hundred nineteen dollars ($403,219), or so much as shall be received from the Virginia Department of Agriculture and Consumer Services be appropriated to the appropriate line item in the FY 2007-08 Operating and Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments 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. Interim County Attorney Burton presented a Letter of Agreement with Davenport and Company for the purpose of providing financial services relative to the County?s $10 Million General Obligation Bond issue which he has approved as to form and requests that the Board approve. Supervisor Bradshaw moved that the Board authorize the Chairman to sign the Letter of 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. Interim County Attorney Burton presented a sole source contract with Gately Communications Company for the hardware and software upgrades (SCADA) to the County?s pump stations which he has approved as to form and recommends that the Board authorize the Chairman to execute on behalf of the Board. 13 Supervisor Bradshaw moved that the Board authorize the Chairman to execute the contract 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. Interim County Attorney Burton presented a Professional Services Agreement with Bury Partner?s for the provision of Professional Engineering Services relative to the Courthouse Complex which he has approved as to form and recommends that the Board authorize the Chairman to execute on behalf of the County. Supervisor Wright moved that the Board authorize the Chairman to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested that the Board clarify for Peter M. Stephenson, Smithfield Town Manager, if it is the Board?s intention to deed the daycare and agricultural buildings located on James and Washington Street in the Town of Smithfield to the Town of Smithfield. Supervisor Bradshaw moved that the Board deed the entire 2.68 acres to the Town of Smithfield, to include anything on that property. 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. Interim County Attorney Burton advised that he had sent a letter to Ann Sullivan, attorney for Alan Nogiec, indicating that it would be his recommendation that the Board deny the claim. He advised that the Code requires that a claim be made, but the County never received a claim until now. He further advised that the time in his judgment has expired as it was not instituted within six (6) months of the claim. Chairman Clark moved that the claim be denied for the amount requested in the lawsuit in the amount of $500,000. 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. Interim County Attorney Burton presented a Deed from the Smithfield Volunteer Fire Department for the conveyance of the land for the Smithfield Fire Station. He recommended that the Board authorize the Chairman to accept the Deed on behalf of the County. 14 Chairman Clark moved that the Board authorize the Chairman to accept the Deed from the Town of Smithfield for the conveyance of the land for the Smithfield Fire Station on behalf of the County. 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 Community Development report. The application of Timothy Moore, Jr. and Airway Motorcycle Authority for Preliminary Site Plan Review for a motorcycle safety training facility to include classroom instruction and ?outdoor range training,? and a proposed 1,200 square feet accessory building. Tax Map #69-01-038. Beverly H. Walkup, Director of Planning and Zoning, advised that the Planning Commission has reviewed the site plan and recommends it for approval with the stipulation that if there are any complaints from the churches in the vicinity about the noise level that the issue will be readdressed by the Planning Commission to apply any restrictions that may be necessary. She stated there is an outstanding issue relative to access being provided to one (1) of the utilities by Public Utilities and staff recommends that access be worked out by the applicant and the Utilities Department. Supervisor Bradshaw moved that the Board approve the application of Timothy Moore, Jr. as presented by the Planning Commission. 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. Tim Moore, Sr. of Franklin stated that he would like to have permission to utilize the existing sign post that he is leasing that is located in front of his store, which he feels is consistent with the surrounding community. Supervisor Bradshaw agreed to meet with Ms. Walkup and Mr. Moore regarding his sign concern. // Chairman Clark commented that the entire week is Agricultural Week and today is National Agricultural Day. // 15 Chairman Clark called for the General Services report. Chairman Clark moved that the General Services report be moved to the end of the 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 the Emergency Services report. Steven A. Aigner, Fire and EMS Coordinator, presented a request from the Carrollton Volunteer Fire Department for reimbursement for an International Trauma Life Support (ITLS) class. Supervisor Bradshaw moved that the Board appropriate $2,725 from the FY2007-2008 Contingency Fund to reimburse the Carrollton Volunteer Fire Department. 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 County Administrator?s report. County Administrator Caskey presented a Memorandum of Understanding received from the Windsor Town Manager for the Windsor Volunteer Fire Department for the Board?s consideration. Supervisor Wright moved that the Board authorize the Chairman to sign the Memorandum of Understanding. 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 presented a Resolution Approving the Issuance of Debt by the Western Tidewater Regional Jail Authority for the Board?s consideration. Supervisor Wright moved that the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA APPROVING THE ISSUANCE OF DEBT BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY AND RELATED MATTERS 16 WHEREAS, the Board of Directors of the Western Tidewater Regional Jail Authority (the ?Authority?) has authorized and approved the proposed issuance of the Authority of its revenue bonds/notes in an aggregate principal amount not to exceed $3,400,000 (the ?Bonds?) for the purpose of financing or refinancing (i) the acquisition, construction and equipping of certain capital improvements to the Authority?s regional jail facility, (ii) the prepayment of the Authority?s General Obligation Public Improvement Bond, Series 2003, and (ii) the costs of issuing the Bonds (the ?Project?); WHEREAS, in accordance with Section 5.9 of that certain Service Agreement, dated August 1, 1991, between the cities of Franklin, Virginia (the ?Franklin?) and Suffolk, Virginia (?Suffolk?) and the county of Isle of Wight, Virginia (the ?County? and, together with the Franklin and Suffolk, the ?Member Jurisdictions?) and the Authority (the ?Service Agreement?), the consent of each of the Member Jurisdictions is required prior to the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County that: 1. The County hereby consents to the issuance of the Bonds by the Authority for the purpose of financing the Project, subject to the adoption of similar resolutions by the governing bodies of the other Member Jurisdictions. 2. The County hereby acknowledges and agrees that payment of debt service on the Bonds shall be payable from the revenues of the Authority. Under no circumstances shall the payment of debt service on the Bonds constitute a general obligation indebtedness or pledge of the full faith and credit or the taxing power of the County. 3. This resolution shall take effect immediately 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, Director of Information Resources and Legislative Affairs, briefed the Board on the success of the recent joint Local Government Academy class which was held by the County and the Town of Smithfield. He mentioned that feedback received indicated that participants would like additional time to discuss and look at the information that was presented. Mr. Robertson advised that the Governor will be calling a special session of the General Assembly to discuss transportation funding. He advised that impact fee legislation will be returning and he encouraged the 17 Board to share its thoughts with Senator Lucas at the upcoming regional meeting. Supervisor Bradshaw requested that Mr. Robertson attend the VACo Resolutions Committee meeting on May 16, 2008 in Richmond with him and Supervisor Wright. Mr. Robertson noted that he would advise the Board on areas that will receive budget cuts when they are identified, as well as those areas that will receive additional funding. He advised that 599 funding is being frozen, which will have an indirect impact on the County. County Administrator Caskey presented information related to an upcoming Relay for Life of Isle of Wight/Surry event for Board discussion and consideration. Chairman Clark moved that the Board offer the opportunity to staff to develop a County governmental team. 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. Resolution of Appreciation ? Dinah M. Everett, Museum Curator B. DMV Highway Safety Project Grant . Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Motor Vehicles for the Highway Safety Project Grant C. Application for Grant Funds ? Department of Criminal Justice Services . Resolution to Accept and Appropriate Grant Funds from the Department of Criminal Justice Services for the LETPP Grant D. Monthly Financial Reports for County and Schools E. Litter Pickup F. Community Development Block Grant (CDBG) 2008 Fair Housing Activity 18 G. Planning Commission Action List of February 26, 2008 H. Resolution of Appreciation for Peter B. Munsell I. Delinquent Real Estate Tax Collection Monthly Report J. January 29, 2008 Work Session Minutes K. February 5, 2008 Work Session Minutes L. February 11, 2008 Work Session Minutes Supervisor Bradshaw 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 Wright moved that the Board reappoint Robert C. Claud, Sr. to serve on the Paul D. Camp Community College 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 Wright moved that the Board reappoint Betty Alphin to serve on the Industrial Development 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 to recommend Rudolph Boone to the Circuit Court Judge to serve on the Board of Zoning Appeals. 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 reappoint Stan D. Clark to serve on the Executive Committee of the Hampton Roads Planning District Commission. 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 reappoint Hazel Edwards to serve on the Southeastern Tidewater Opportunity Project. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, 19 Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the regular order of the agenda in order to conduct the Public Hearings. The motion was adopted by a vote of (5-0) with Supervisors 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: ?Resolution Authorizing the Issuance and Sale of $10,000,000 General Obligation Public Improvement Bonds, Series 2008A, of Isle of Wight County, Virginia, and Providing for the Form, Details and Payment Thereof.? Interim County Attorney Burton certified that the matter had been properly advertised. Jimmy Sanderson, Davenport & Company, offered to answer any questions from the Board. Chairman Clark called for persons to speak in favor of or in opposition to the Resolution. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following Resolution and authorize the Chairman to sign it on behalf of the County: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $10,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2008A, OF ISLE OF WIGHT COUNTY, VIRGINIA, AND PROVIDING FOR THE FORM, DETAIL AND PAYMENT THEREOF WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1- 227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County, Virginia (the ?County?), has elected by affirmative vote of the qualified 20 voters of the County, to be treated as a city for the purpose of issuing its bonds; WHEREAS, the County desires to undertake various capital improvements, including but not limited to, school building improvements, public utility improvements, recreational land improvements, economic development land acquisition and public safety facilities (collectively, the ?Project?) and to borrow money for such purpose and issue the County?s general obligation public improvement bonds therefore; WHEREAS, the County Administration, in consultation with Davenport & Company LLC, the County?s financial advisor (the ?Financial Advisor?), has solicited proposals for the private placement of such bonds with a bank or other financial institution and four such proposals were received; and, WHEREAS, the County administration has recommended to the Board that the County accept the proposal of Branch Banking & Trust Company (the ?Bank?), dated February 19, 2008, a copy of which is attached hereto as Exhibit A (the ?Proposal?); WHEREAS, the Bank requires that the County enter into an Escrow Agreement (the ?Escrow Agreement?) to be dated the date of the Bond (as hereinafter defined), between the County and Branch Banking & Trust Company, as escrow agent, the form of which has been presented to this meeting, pursuant to which the proceeds of the Bond will be deposited in a project fund (the ?Project Fund?) and requisitioned by the County in accordance with the provisions of the Escrow Agreement; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Authorization and Issuance of the Bond. There are hereby authorized to be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, a $10,000,000 general obligation public improvement bond (the ?Bond?) of the County to (a) provide funds to finance the Project and (b) pay the costs incurred in connection with and issuing the Bond. The Bond shall be sold to the Bank pursuant to the terms of the Proposal and this Resolution. 2. Escrow Agreement. The form of the Escrow Agreement submitted to this meeting is approved. The Chairman and the Vice- Chairman of the Board and the County Administrator, any of whom may act, are authorized to execute the Escrow Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Escrow Agreement, whose approval shall be evidenced conclusively by the execution and delivery thereof. 21 3. Bond Details. The Bond shall be in the form of a single, typewritten bond, designated ?General Obligation Public Improvement Bond, Series 2008A,? or such other designation as shall be determined by the County Administrator, shall be in registered form, shall be dated the date of its delivery to the Bank and shall be numbered R-1. The Bond shall bear interest at the rate of 3.99% per year, calculated on the basis of a 360-day year of twelve 30 day months, payable semi-annually, and principal of the Bond shall be payable annually, on dates determined by County Administrator to be in the best interest of the County. The Bond shall be sold to the Bank at a price of 100% of the principal amount thereof. The Bond shall mature no later than December 31, 2029, such date to be determined by the County Administrator to be in the best interest of the County. If the date on which any payment is due with respect to the Bond is not a Business Day (as hereinafter defined), the payment shall be made on the next succeeding Business Day. ?Business Day? shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any other day on which banking institutions are authorized by law to close in the Commonwealth of Virginia. Principal and interest shall be payable by the Registrar (as hereinafter defined) by check or draft mailed to the registered owner at the address as it appears on the registration books kept by the Registrar on the last Business Day of the month proceeding each interest payment date; provided, however, that at the request of the registered owner of the Bond, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal and interest shall be payable in lawful money of the United States of America. 4. Prepayment Provisions. The Bond is subject to prepayment prior to maturity at the option of the County in whole on any scheduled payment date, at a prepayment price equal to 101% of the principal amount of the Bond to be prepaid, together with any interest accrued and unpaid to the prepayment date. 5. Execution and Bond Form. The Bond shall be signed by the manual signature of the Chairman or Vice-Chairman of the Board, shall be countersigned by the manual signature of the Clerk or Deputy Clerk of the Board, and the Board?s seal shall be affixed thereto. The Bond shall be in substantially the form of Exhibit B attached hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bond, whose approval shall be evidenced conclusively by the execution and deliver of the Bond. 6. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of principal of and interest 22 on the Bond. Unless other funds are lawfully available and appropriated for timely payment of the Bond, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay when due the principal of and interest on the Bond. 7. Registration, Transfer and Owner of the Bond. The County Treasurer is appointed paying agent and registrar for the Bond (the ?Registrar?). The County may, in its sole discretion, at any time appoint a qualified bank or trust company as successor paying agent and registrar of the Bond. The Registrar shall maintain registration books for the registration and registration of transfers of Bond. Upon presentation and surrender of the Bond at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the last Business Day of the month preceding each payment date. 8. Preparation and Delivery of Bond. The Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver the Bond to the Bank upon payment of the purchase price thereof. 9. Arbitrage Covenants. The County covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bond to be an ?arbitrage bond? within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the ?Code?), or otherwise cause interest on the Bond to be includable in the gross income of the registered owners there of under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law which may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bond, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not 23 required to prevent interest on the Bond from being includable in the gross income of the registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. 10. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bond in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 11. Limitation on Private Use. The County covenants that it shall not permit the proceeds of the Bond or the facilities financed with the proceeds of the Bond to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bond from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the County need not comply with such covenants. 12. Other Actions. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bond. 13. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 14. Filing of Resolution. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this Resolution in the Circuit Court of Isle of Wight County. 24 15. Effective Date. This Resolution shall take effect immediately. 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: An Ordinance to Amend and Reenact Appendix C. Purchase of Agricultural Conservation Easement Program. Section C-9. Agricultural Conservation Easement Terms and Conditions. Interim County Attorney Burton certified that the Ordinance had been properly advertised. Ms. Chieppa advised that the Purchase of Agricultural Conservation Easement Program Committee recommends a change be made to allow for a floating right at that time pursuant to the zoning, which would represent a time and cost savings administratively. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following Ordinance: ANORDINANCETOAMENDANDREENACT APPENDIXC.PURCHASEOFAGRICULTURAL CONSERVATIONEASEMENTPROGRAM. SECTIONC-9.AGRICULTURALCONSERVATIONEASEMENTTERMS ANDCONDITIONS WHEREAS, on May 19, 2005, the Isle of Wight County Board of Supervisors enacted Appendix C to the Isle of Wight County Code as provided for under the Open Space Land Act of Virginia; and WHEREAS, the Purchase of Agricultural Conservation Easement Committee has recommended to the Isle of Wight County Board of Supervisors that a minor amendment to Appendix C be enacted for the benefit of this important program. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Appendix C. Purchase of Agricultural 25 Conservation Easement Program. Section C-9. Agricultural Conservation Easement Terms and Conditions of the Isle Wight County Code be amended and reenacted as follows: Sec. C-9. Agricultural conservation easement terms and conditions. Each agricultural conservation easement shall conform to the requirements of the Open-Space Land Act of 1966 (Virginia Code § 10.1- 1700 et seq.) and this chapter. The deed of an agricultural easement shall be in a form approved by the County Attorney, and shall contain, at a minimum, the following provisions: (a) Restriction on new dwellings. No new dwellings may be constructed on a parcel except as provided hereafter; the deed of easement may allow one new dwelling per 100 acres, with the dwelling location specified by plat on or before the agricultural conservation easement is established. The dwellings shall comply with the current zoning ordinance then in effect, or the terms and conditions contained in the agricultural conservation easement, whichever is more restrictive. (b) Agricultural conservation easement duration. An agricultural conservation easement acquired under the terms of this chapter shall be perpetual. (c) Other restrictions. In addition to the foregoing, the parcel shall be subject to standard restrictions contained in agricultural conservation easements pertaining to uses and activities allowed on the parcel. These restrictions shall be delineated in the deed of easement and shall include provision for monitoring by the County. (d) Designation of agricultural easement holders. The County shall be the easement holder, and if designated by the Board, and with the landowner?s consent which shall not be unreasonably withheld one or more other public bodies, as defined in Virginia Code Section 10.1-1700, or one or more organizations then qualifying as an eligible donee as defined by Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, shall also be an easement holder. 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: An Ordinance to Amend and Reenact Chapter 10. Licenses. Article II. License Tax Schedule. Section 10-9. License Tax Schedule. 26 Interim County Attorney Burton certified that the matter had been properly advertised. Gerald H. Gwaltney, Commissioner of the Revenue, advised that the amendment includes the addition under (a)6 ?for each retail on-premises wine and beer license? under Sec. 10-9. Alcoholic Beverage. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND AND REENACT ISLE OF WIGHT COUNTY CODE ?CHAPTER 10. LICENSES. ARTICLE II. LICENSE TAX SCHEDULE. SECTION 10-9. LICENSE TAX SCHEDULE.? BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 10, Licenses, Article II, License Tax Schedule, Section 10-9, License Tax Schedule, be amended and reenacted to read as follows: Sec. 10-9. Alcoholic beverages. (a) Every person engaged in selling or dispensing alcoholic beverages shall pay the following license taxes: (1) For each retail mixed alcoholic beverage license? 100.00 (2) For each retail on-premises beer license? 20.00 (3) For each retail off-premises beer license? 20.00 (4) For each retail off-premises wine and beer license 37.50 (5) For each retail on- and off-premises wine and beer license 75.00 (6) For each retail on-premises wine and beer license? 37.50 (b) No license shall be issued under this section to any person, unless such person shall hold, or shall secure simultaneously therewith, the proper state license required by state law, which state license shall be exhibited to the commissioner of revenue. 27 (c) Each license issued under this section shall be in lieu of a merchant?s or restaurant?s license on that portion of the business of the licensee covered thereby, but no such license shall relieve any licensee of any other county license required by this chapter or any other ordinance. (d) No license required under this section shall be transferable from one person to another, but may be amended to show a change in the place of business within the county. (4-21-88, § 18; 2-21-08.) The motion was adopted by a vote of (4-0) with Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. Chairman Clark called for a public hearing on the following: FY 2009-13 Capital Improvements Plan (CIP). Interim County Attorney Burton certified that the matter had been properly advertised. Ms. DeVary presented the FY2009-13 Capital Improvements Plan for the Board?s discussion and consideration. Chairman Clark called for persons to speak in favor of or in opposition to the proposed CIP. Richard L. Turner, 1301 High Point Drive, Portsmouth, spoke in favor of the Red Cross? request for financial support from the County. Jack York, 10297 Stallings Creek Drive, requested that the Board favorably consider the Red Cross? funding request. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following CIP, as amended, to include the reductions of ?year one? capital expenditures as follows: Capital Project Proposed CIP Proposed Budget Reduction Reserve for $150,000 $75,000 $75,000 Windsor Community Center CDBG Program $50,000 0 $50,000 Reserves Rt. 460 Land $2,000,000 0 $2,000,000 Acquisition NDSD Park ? Land $750,000 0 $750,000 Acquisition Old Jail Restoration $200,000 $0 $200,000 28 ? Exterior Land Preservation $250,000 0 $250,000 Total $3,400,000 $75,000 $3,325,000 Funds, in the amount of $1,340,000, for a storage facility for use by the museum and general services have been removed since it has been determined that a rental alternative is more cost efficient for the museum artifacts. The County?s general storage needs will be addressed in next year?s CIP process. The total 5 year CIP, as amended, is $148,192,907 versus the proposed plan of $152,857,907. 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 Resolution of the Planning Commission of Isle of Wight County Virginia to recommend amendment to the Comprehensive Plan, through the addition of the proposed Isle of Wight County, Virginia Master Water and Sewer Plan prepared by R. Stuart Royer & Associates, Inc. Interim County Attorney Burton certified that the matter had been properly advertised. E. Wayne Rountree, P.E., Director of General Services, advised that the Planning Commission?s suggested changes have been incorporated in the form of an errata sheet and the Planning Commission recommends approval to the Board. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Resolution. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Wright advised that the Town of Windsor had not received the information in a timely manner and was, therefore, not able to comment. Supervisor Wright moved that the Board table the Master Water and Sewer Plan until the Board?s May 1, 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 29 against the motion. Chairman Clark called for a public hearing on the following: The application of Assem M. Amin, owner, and Troy Marine, LLC, applicant, for a Conditional Use Permit to allow recreational vehicle (marine) sales and service on 2 acres land located on the north side of Carrollton Boulevard (Rt. 17) west of Merritt Cove (Rt. 1909) in the Newport Election District. Interim County Attorney Burton certified that the matter had been properly advertised. Ms. Walkup advised that the Planning Commission had held a public hearing on the application and recommended approval to the Board with the stipulation that prior to consideration by the Board that the applicant proffer the hours of operation. She advised that the applicant has presented hours of operation through his attorney, which are recommended as a condition. Chairman Clark called for persons to speak in favor of or in opposition to the proposed application. William Riddick, Attorney representing the applicant, recalled that the Planning Commission and the Board had previously approved a site plan for a strip shopping center at this location which has never come to fruition. He advised that the applicants are being dislocated from their existing business on Route 17 in Portsmouth so that the railroad can come through in connection with the expansion of the port. He advised that the applicants have proffered the hours of operation and met with the adjoining property owners regarding their concerns. He advised that the proposed business will employ eight (8) employees and be an asset to the County. He advised that the applicants are under a time constraint to move and are requesting favorable consideration of the Conditional Use Permit, as well as approval of a waiver to permit administrative approval of the site plan. Richard L. Turner, 1301 High Point Drive, Portsmouth, spoke in favor of the application stating that the applicants are good business people who look after their customers. Ron Pack, 508 Jordan Avenue, spoke in favor of the application stating the need for a boat repair business in the County. He further stated that the applicants are good people who do good work and stand by their word. Chrystal Bashline, A Stitch Above, South Church Street, spoke in favor of the application noting that there is no other boat servicing business in the area. She stated that this business will be an asset to the community and bring in additional tax dollars to the County. 30 Buddy Eure, owner of an office building located at 15154 Carrollton Boulevard, spoke in favor of the application. He stated that he has known the applicants for a number of years and found them to be honest, hard- working individuals. Angela Shields, applicant, stated that she and her husband have been at her current business facility since 1999 and are being forced to relocate due to the expansion of the port. She stated that the County does not currently have a marine facility and, as a result, boats broken down can sit for extended periods of time at local marinas. She stated that her business does $2,000,000 annually and her and her husband hope to move to the County in the future in order to be closer to their business. She asked that the Board favorably approve her application. Dan Grey, One Merit Cove, stated that he is the adjacent property owner and the applicants have been very cooperative and answered all their questions. He stated that he is hoping that it will still be dark when he retires each night, but he believes that approval of this application will be good for the County. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark requested landscaping along the outside of the fence. Supervisor Bradshaw inquired where parking will be allowed. Ms. Walkup advised that the site is located within the Newport Development Overlay District which allows parking along the side or rear. She further advised that the display area is also allowed on the side and rear. She noted that staff makes the distinction between the display and parking area and that the display area of the subject application is located along the front of Route 17. Supervisor Bradshaw commented that if the display is located along the front of Route 17, then that property is not in compliance with the Highway Corridor Overlay District and the applicants must apply for an exception to the Highway Corridor Overlay District. He noted that the Board has adhered strictly to the Highway Corridor Overlay District in the past and required exceptions. He mentioned certain businesses in the Route 58 Corridor have been negatively impacted as a result of being in the Highway Corridor Overlay District and it is imperative that the Board treat all businesses equally and that they are all impacted in the same fashion. Ms. Walkup commented that the County?s Ordinance is not clear as to the distinction between parking area and display area or vehicular movement areas. She stated that displaying on the front side of the Corridor is also not 31 specifically addressed in the Newport Development Overlay District. She stated that a display area could be viewed as being a vehicular movement area or a part of a parking lot, but technically it is a part of a business. She stated that consistency is the key and if the County is going to be business friendly to these types of businesses, then their display areas are critical. Supervisor Bradshaw commented that signage and advertising of a business is restricted and if boats are not vehicles, then they are part of their advertisement. He reminded the Board that it previously did not allow an antique truck to sit on the road because it was advertisement. Ms. Walkup pointed out that the antique truck had signage on it and it could have been displayed without the sign. Supervisor Bradshaw noted the need to be business friendly. He stated that there are projects in the southern portion of the County that have been approved for up to two (2) years; however, the building is not built yet because the site is located in the Highway Corridor Overlay District. He advised that another business that wishes to expand is currently being delayed because the County is not business friendly. He stated that the same approach should be used consistently and he does not want the businesses in the southern portion of the County to be handled differently. Ms. Walkup replied that staff is not treating businesses in the southern end of the County differently as the situations have been different in those instances. Supervisor Bradshaw emphasized that he wanted staff to be business friendly with respect to the businesses that he has previously discussed with staff and he wants to see the projects built and the building constructed. He stated that staff is holding up those businesses from being built. He stated that Risinger Truck Transportation cleared a lot that had been an eyesore for thirty (30) years; however, they have not been able to construct a building because it is staff?s interpretation that they are in violation of the Highway Corridor Overlay District. Ms. Walkup responded that she assisted that particular business by crafting an ordinance amendment. Chairman Clark suggested that the Board further discuss Supervisor Bradshaw?s concerns in detail at the Board?s next meeting. Chairman Clark moved that staff advise the Board at its April 3, 2008 meeting about the particulars associated with the property located in the Highway Corridor Overlay District in the southern end of the County with respect to display on the front side of the Corridor. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and 32 Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the Board approve the application of Assem M. Amin and Troy Marine, LLC and authorize the expedited procedure to allow staff to approve the site plan. 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 advised Ms. Walkup that he would like to meet with her before the site plan is approved to ensure that all of Mr. Grey?s concerns are addressed. Chairman Clark called for a public hearing on the following: The application of W. C. Sawyer, owner, and Frank Parrish, applicant, to amend the proffered conditions of the rezoning of Tax Map Parcel 34-17-001 (Carrollton Shoppes) to allow restaurant uses on approximately 0.99 acres of land, which will be located at 15149-51 Carrollton Boulevard (Rt. 17), Carrollton, in the Newport Election District. Interim County Attorney Burton certified that the matter had been properly advertised. Ms. Walkup advised that the application has been reviewed and approved by the Planning Commission with the stipulation that prior to consideration by the Board that the applicant work with staff on a lighting plan that meets the Ordinance and is compatible with the adjacent apartment complex. She advised that since that time, staff has confirmed that the lighting plan was approved on the previous site plan. She advised that the application is to amend proffered conditions to allow a restaurant. Chairman Clark called for persons to speak in favor of or in opposition to the proposed application. Richard Christian, 22348 Spring Crest Drive, spoke in favor of the application stating that he is one (1) of the owners of a restaurant that will be located there. He advised that 15-20 full and part-time jobs will be created and that he anticipates generating $400,000-$500,000 the first year. Chairman Clark closed the public hearing and called for comments by the Board. Chairman Clark moved that the Board approve the application of W. C. Sawyer and Frank Parrish. The motion was adopted by a vote of (5-0) 33 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 Peter C. and Crystal H. Jackson, owners, for a change in zoning classification of approximately 63.6 acres of the land located to the north of Sandy Ridge Drive (Route 601) from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C- RR), and the remaining 16.097 acres located to the south of Sandy Ridge Drive (Route 601) from Rural Agricultural Conservation (RAC) to Conditional-Rural Agricultural Conservation (C-RAC). The entire property is located at the intersection of Sandy Ridge Drive (Route 601) and Longview Drive (Route 602) in the Windsor Election District. The purpose of the application is to develop a cluster residential subdivision. Interim County Attorney Burton certified that the matter had been properly advertised. Ms. Walkup advised that the application has been reviewed and approved by the Planning Commission subject to the applicant revising the proffers dated February 25, 2008 to add a proffer limiting the trail system to pedestrians, horses and bicycles. She advised that the applicant has submitted amended proffers to add that condition. Chairman Clark called for persons to speak in favor of or in opposition to the proposed application. Attorney Riddick, representing the applicant, stated that this property lends itself most appropriately for the cluster development because there are large areas of wetlands. He stated that the applicant has proffered to pay proffers in the amount of $11,189; restricted covenants will not allow single or double-wide mobile homes, campers, recreational vehicles, motor homes or any of the like for temporary or permanent residence; there will be a minimum square footage of 2,000 square feet for a single-story home and 2,400 square feet with 1,800 minimum on the first floor for a two-story home; and, there would be review by the Historical Architectural Review Committee. He stated that the applicant has submitted revised proffers for a trail system that would be restricted for use by pedestrians, bicycles and horses. He stated that the property is rural in nature with a great deal of rental property in the area. He stated that the applicant has agreed to place a 100 foot buffer between the edge of lot #5 and Mr. Black?s property line. He stated that the applicants were not aware of any opposition until the Planning Commission meeting. He stated that since that time, he has also received a copy of correspondence that was sent to the Board stating that it was not an innovative design and noting concerns with wetlands. He stated it was due to those very factors that the applicant designed the property the 34 way it is designed. He stated it would have been much cheaper and easier to have placed all lots up front and leave open space at the rear; however, the property does not lend itself to that and the applicant has had to be innovative. He stated that the requested use of the property is appropriate for the area and consistent with the County?s Comprehensive Plan. He stated that the concern is that this development is going to change the character of the neighborhood, but he believes that the Ordinance suggests that it will not because it requires an interior street and the homes will be located on a cul-de-sac and not front on public roads. He stated that the applicants had met with staff on numerous occasions in an effort to make this application comply and meet the spirit of the County?s Ordinance. He stated that the Planning Commission has approved the application and he requested that the Board also support it. He noted that people do not like change, but this type of development is permitted by the County?s Ordinance. He stated it will be a low impact development and the number of traffic trips generated will be minimal. He requested an opportunity to address any concerns raised at the end of the public hearing. Pat Clark of Twin Hill Lane noted that the applicant has met all the requirements of the Comprehensive Plan. He stated this is a rural area and the proposed number of homes should not make an impact at the intersection of Longview and Sandy Ridge Drive, but the road is narrow and would create a problem for emergency vehicles on the single-lane bridge. He stated the same application being considered in the Newport District would take away the rural character of the area because there is very little RAC zoning left in that area. Tommy Griffin, 10985 Winding Trail in Suffolk, advised that he is representing the adjoining property owned by the Griffin family. He distributed pictures of Sandy Ridge Drive depicting the existing poor grade of pavement. He stated that he had sent a letter to the Board previously addressing each of his concerns. He stated that his primary concern is that the proposed development adjoins an agricultural district. He stated that there is very poor road access and dump trucks from three (3) sandpits operating in that area have damaged the roadway, which has no shoulder. He noted any additional traffic on the gravel road will create more dust and erosion. He stated that the development at the end of that road is a large parcel of land that was divided and continues to be divided with family land transfers. He stated that the soil on this property has high seasonal water tables and the property is flat with poor drainage. He stated that there is only one (1) ditch on the sixteen (16) acre parcel and the only way that the property could be drained is if an easement were to be obtained from another property. He stated he was told that the previous owner sold the land because it would not perk and he does not think the land will perk without using above-ground septic systems. He stated that he did not think the trailers would be available for people to use all year long without hauling in and changing the nature of the land because of the high water table. He stated that the location is not near emergency services or schools and he 35 disagrees with the projected amount of revenue that is proposed. He asked why the Board wants to throw taxpayers? money away on a poorly selected piece of property that will constantly have drainage and septic issues. He stated the Planning Commission minutes state that there are 2,500 available lots in the Newport District that have been approved, but not sold and why would the Board want to increase the County?s inventory. Mike Griffin of Longview Drive stated that the last traffic census had been conducted in 2006 and there are now three (3) additional sandpits; increased traffic; and, the roads are in poor condition. He advised that area floods even after a two-inch rain. He stated that his family has lived in this area for many years and they do not want to see any development. He stated that he would not be opposed to the applicant building a home for himself, but he does oppose a development. Graham Shearin, 20459 Longview Drive, stated that he had written a letter of opposition. He stated that the proposed subdivision would be the first subdivision in that area and he did not want to see the Board set a precedent by changing the RAC zoning. He stated Sandy Ridge Road use to be a gravel dirt road that was maintained by VDOT and paved with less than twenty (20) feet of width in some places causing school buses to have a difficult time. He stated that the drainage is the biggest issue as this property sits below all surrounding properties. He stated that he did not know if the Health Department had approved the use of a septic system, but the County could end up with another Lawnes Creek. He stated that he did not feel the design was creative and the applicant was not giving up anything for the cluster approach. Bruce Kirk, 815 Kirk Road in Suffolk and adjacent land owner, spoke in opposition stating that Mr. Griffin has adequately addressed all of his concerns with the property. He stated the proposed development is more suited for a service area. Daniel Griffin, 18038 Sandy Ridge Drive, spoke in opposition stating that he agreed with everything said by Mr. Griffin. He stated rain resulting in several inches causes a backup of water in his yard and the two (2) properties located directly across from his house. He stated his main concern is where the water will go because there is no where for it to go except into his yard. Rusty Oleash, 5381 Whipping Farm in Virginia Beach, noted that he is representing the fifty-three (53) active members of Roger?s Deer Club that have leased the property across from Longview Drive for over the last fifty (50) years. He expressed concern with the narrowness of the roads; flooding; and, the rural surrounding area. He stated that his dogs run loose every Saturday beginning with the third week of November until the first week of January. He stated there are also turkey hunts in the spring. He stated when hunting season is not in, this area is a quiet and rural, but any 36 proposed land buyers might purchase the property not realizing that there are many hunting clubs that use this area. Jim Furman, 18063 Sandy Ridge Road, expressed concern with flooding in that area and how it might affect septic tanks and his well. He stated that he was hoping to hunt beside the area that is being proposed for a walking area. He stated there is a lot of gun fire in that area which might disturb new homeowners. He stated that he also did not know this subdivision was being proposed when he purchased his property last fall. He stated he was concerned how $700,000 homes will affect his property value and whether or not he will be able to afford to remain in that area. Thomas Griffin, Jr., 12187 Old Suffolk Road, stated that growth in this area will take away from the aspect of life that his family has enjoyed while farming over the last seventy (70) years. He stated to build homes around a wet area will adversely affect what is already there. He stated that he does not need new trails as he can use the existing ones. He stated that the proposed property is low and road conditions are also poor on that side. He stated drainage conditions are very poor and he does hunt on all sides of the proposed property. He stated that traffic is also a concern as that intersection is busy from 5:00 a.m. until 5:00 p.m. He stated cheaper and easier never fits the bill, never gets it done properly and does not need to be in this area. He stated that a cul-de-sac is going to create a cluster of vehicles traveling in and out of that property and it will take away from the beauty of that area. He stated that many members of his family reside in that area who embrace that land as theirs and adding those homes to that area will take away from what they have had for so many years. Leslie Griffin, 20596 Longview Drive, stated that she and her husband are very passionate about raising their children in a rural community. She stated that the proposed subdivision would set the stage for more subdivisions. She advised that there have been ten (10) wrecks at the curve near her home over the last four (4) years and it normally takes EMS ten (10) minutes to arrive on scene. She stated there has been increased traffic since she moved there and increased EMS is needed. She noted that each household equates to two (2) more children attending to an already crowded Isle of Wight County school system. Attorney Riddick stated that all of the concerns noted above have been addressed by the many studies required under the County?s Ordinance. He stated that the applicant has endeavored to do exactly what is expected by the Planning Commission and the Board. He stated that engineering standards require that a development can not be created that impacts other people negatively with respect to drainage. He stated that he recognizes that these people are passionate about where they live, but if everything they said was true, why would anyone want to live there. He stated what they really mean is that they want the area to remain as it is, but there are other people who want to enjoy a rural lifestyle, too. He stated that there is a reasonable 37 expectation that a property owner should be able to do something with his property if all the things that are requested and required by the County are accomplished and the property owner is able to demonstrate that he has met all the criteria and addressed all the areas of concern. He stated that he believes that the applicant has exceeded those standards. He stated if this application is not something that the Planning Commission and the Board thinks is appropriate, then he would urge the County to change its ordinances because as they are currently written, there is no signal from anybody that something like this is not an appropriate use of property. He added that the process is expensive and he believes that Mr. Jackson has acted in good faith and met the standards required in the County?s ordinance. Chairman Clark closed the public hearing and called for comments by the Board. Supervisor Casteen made a motion that the Board table the application for a period of thirty (30) days to allow the Board an opportunity to revisit the application and then he withdrew his motion. Supervisor Bradshaw commented that the physical impact analysis illustrates that the subdivision is going to cost the County. He noted that the data contained in the analysis is also incorrect as it lists the tax rate at $.53 instead of the $.52. He stated that the revenue side of the analysis is significantly overstated and it appears that the consultant used the County?s budget to prepare the analysis. He stated that the expenditure side of the analysis does not include anything for public works, which includes trash disposal and since it is not proffered, he assumes that the residents will have their own trash pick-up. He stated there are no expenditures listed for Health and Welfare; Social Services; and, recreation and culture. He stated monitoring will be involved with the Chesapeake Bay Preservation Area Ordinance. He stated that the analysis is already showing a loss and his guess is the loss is only a fraction of what it will cost the County in reality. He stated that the project, as proposed, will be an extreme financial burden to the County. Amy Ring, Assistant Director of Planning and Zoning, advised that the applicant is fully aware that before he can receive preliminary plat review, he has to prove that he has provided on-sight septic systems. Supervisor Bradshaw inquired if staff had sent the application to the Chesapeake Bay Local Assistance Department for comments. Ms. Ring responded that the County?s Environmental Planner reviewed the site because based on the Army Corps of Engineers delineation and the County?s mapping, there were no RPA features evident. 38 Ms. Walkup stated that the Chesapeake Bay Preservation Area Ordinance requires a primary and reserve site on each parcel to comply with the Chesapeake Bay regulations. She stated that staff does not typically send applications for comment on septic issues to the Department of Chesapeake Bay Local Assistance Department. Supervisor Bradshaw commented that the water table is high in that area and concern was expressed tonight with the possibility of a well being impacted. He stated that based on his knowledge of drain fields, the applicant will have to have longer field lines in order to address the filtration, which will impact the water table. He inquired if staff had reviewed storm water runoff issues. Ms. Walkup responded that following approval of a rezoning application, construction plans are submitted by the applicant, which is the time that staff would become involved in the drainage aspect. Supervisor Bradshaw stated that the Board needs to ensure that this development will not negatively impact other property owners. He stated that the Board is already aware of the water problem due to the high water table in that area and that it already floods during small amounts of rainfall which, in turn, impacts the entire area. He stated that the building of a road will have runoff and will cause increased flooding. Ms. Ring responded that if the site plan is properly engineered, the property can be graded and filled. Supervisor Brown noted that a soil evaluation was done in May 2006 in which nine (9) sites were cited as suitable for systems producing advanced secondary effluent for four (4) bedroom single-family homes. Supervisor Bradshaw inquired who would own the road that is going to be built leading into the cul-de-sac. Ms. Walkup responded that the road would have to be built to VDOT standards and it would be State maintained. Supervisor Bradshaw commented that there is a possibility that the County may end up owning the road because it may not be completely built out before the proposed moratorium is set by the General Assembly at its next session. Ms. Walkup responded that the road could be private. Supervisor Bradshaw noted that the road has not been conditioned at this time. 39 Supervisor Bradshaw inquired who would be responsible for maintenance of the trails. Ms. Walkup responded that maintenance of the trails would be the responsibility of the Home Owners? Association. Ms. Ring advised that the applicant has proffered that it would own and maintain the trails. Ms. Walkup advised that the County?s Ordinance requires that the applicant would be responsible for maintenance for cluster subdivision. Supervisor Bradshaw inquired if the statement posed by Malcolm Clark under Citizens? Comments with respect to RAC zoning should be a concern. Ms. Walkup responded that in the Zoning Ordinance, outside of the Development Service Districts, there is only one (1) residential zoning classification that can be applied, which is rural residential. She stated that she was not certain what the question was in terms of what can be applied inside the Newport Development Service District because it would not be applicable. She advised that the proposed development would not qualify for the by-right cluster option because the minimum threshold is 100 acres. Chairman Clark stated that he could not come up with a reason that fits the category for denial. He stated if the Board is going to be consistent, it is going to have to require fiscal impact analysis every time the Board approves a rezoning or approves a farmer dividing his property because the same factors apply to every rezoning request. Supervisor Bradshaw responded that the fiscal impact analysis, transportation and environmental concerns are all reasons by the State for turning down a rezoning request. Supervisor Clark agreed that as long as the Board is going to be consistent and not going to approve any more rezoning requests, to include when farmers make a request to divide their property. Supervisor Wright commented that it is narrow mindedness on the part of an individual who thinks that he can build or buy a home in the County, but wants to close the door to others who also want to locate in the County. Supervisor Wright moved that the Board deny the application of Peter C. and Crystal H. Jackson because of the negative fiscal impact analysis; the negative impacts on the transportation system associated with the eighty (80) trips per day that will be generated; negative storm water impact and environmental impacts due to individual septic systems; and, the lack of 40 emergency services access. 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 noSupervisors 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 to return to the General Services report section 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 noSupervisors voting against the motion. // Kristin M. Mazur, County Engineer, discussed the Joel C. Bradshaw Fairgrounds construction project progress to date. She advised that the construction project began in July 2007 with a scope of work that includes developing and implementing drainage improvements; providing storage in the form of a new pole barn; creating ten (10) raised pads; and, creating pedestrian paths to direct traffic towards the attractions. She advised that the existing outside gravel road has been paved. She advised that 80% of the work has been completed; $1.185 million has been expended; the contract amount is $2.5 million; and, the total budget is $2.7 million. She advised that certain areas have been excavated in order to raise the elevation and begin the drainage improvements. She advised that drop inlets have been installed; the rough grading has been completed; the pads located inside the horse arena have been constructed; and, the grading for the pole barn has been completed. She stated that the electrical work is underway and fine grading should be complete by the end of this month. She stated that ditch cleaning will be complete; excavation throughout the Fairgrounds will occur; the fencing will be installed; the concrete pad for the amphitheatre will be poured; the light poles and signs will be installed; and, sprigging will be done towards the middle of May or beginning of June 2008, which will require irrigation. She stated that the most cost effective type of irrigation is underground with heavy duty sprinkler heads. She advised that drainage problems will be alleviated by grading, storm pipes and drop inlets. She stated that staff will guarantee that the grass will be in great condition for the upcoming Fair; however, it is imperative that irrigation be provided. Supervisor Bradshaw notified Ms. Mazur that the ditches do not appear to be draining properly on the back side of the property. 41 Ms. Mazur responded that following a heavy intensity rainfall, there should be water in the ditches that will eventually flow out to low-lying areas. Supervisor Bradshaw inquired when the drainage work is going to be complete. Ms. Mazur replied at the end of the project in July 2008. She advised that she had visited the site following a heavy and intense rainfall before there was vegetation and she is comfortable that this site has been greatly improved and doing what it is engineered to do. She advised that the water is ponding where it should be, which is on top of the drop inlets that are covered. Ms. Mazur presented a request for approval of Change Order #2 with respect to the Joel C. Bradshaw Fairgrounds project at Heritage Park for an irrigation system. Mr. Rountree explained that the initial irrigation method was above- ground portable units, which is extremely labor intensive. He stated that when the financial analysis was completed, staff found that the permanent in-ground irrigation system was about the same cost. He advised that it is imperative that the entire site remains soaked when the first sprigging is spread; otherwise, the sprigs will die. Ms. Mazur advised that the same contractor that will be installing the irrigation will also be providing the sprigs and he will guarantee grass establishment with his irrigation system. Supervisor Wright moved that the Board approve Change Order #2 in the amount of $144,220. 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. Mr. Small presented a summary of the expenditures to date with respect to the Isle of Wight County Museum reconstruction. He stated the net cost to the County to date is $229,000; there are pending insurance claims totaling approximately $80,000; and, staff has recovered $185,000. He stated that staff has clear direction from the Board that it wants the minimal done necessary with the minimal amount of expenditure so that the Museum can be reopened as quickly as possible. He stated staff intends to replace the mechanical and electrical systems that were destroyed and do whatever repair work is necessary throughout the remainder of the building 42 to the existing duct work and electrical wiring on those parts of the system that need replacing. Supervisor Wright stated it is wiser to address all items simultaneously rather than piece meal a project just in order to get it back open to the public; otherwise, in another two (2) year?s time, the Museum will have to be shut down again and it will only cost more to redo the project. Supervisor Casteen advised that he had met with Mr. Small, Ms. Edwards and other individuals interested in the Museum. He stated to the best of his knowledge, the path that staff is taking now will get the museum opened in a timely manner while meeting the needs of the Foundation members. Ms. Edwards, President, Museum Foundation Board, stated that the Foundation Board?s main concern is that the electrical wiring be replaced, which is outdated. Chairman Clark inquired if Ms. Edwards was satisfied with items being cut from the Museum project in an effort to get the Museum open faster. Ms. Edwards replied ?yes.? Chairman Clark requested that Supervisor Casteen act as a liaison between the Board and the Museum Foundation Board. Mr. Small advised that power to the Museum has been upgraded to 400 amp, three (3) phase. He asked the Board to be conscious that this is a two (2) phase project and that the electrical and mechanical projects are being done at this time in order to get the Museum opened, but that staff would be returning to the Board with respect to the remodel of the basement. Supervisor Wright reiterated that doing just the electrical and mechanical upgrades to the Museum at this time is just doing piece-meal work. He stated that he would prefer to wait and have all the repairs made so that the County will have a Museum that it can be proud of. Supervisor Casteen stated that the first piece of work is being done to keep it segregated and get it moving quickly. He advised that a plan for addressing the basement has been developed that will be forthcoming very shortly. He stated the goal is not to hold up the critical part with this secondary piece that will address the basement and that will be relatively simple. He advised that Ms. Edwards has agreed that painting is not necessary. He stated that the work proposed is being done in order to get the Museum open as quickly as possible without cutting corners. 43 Supervisor Wright advised Mr. Small that it may be wise to hire an electrical engineer to ensure that the wiring is safe. Mr. Small stated that an electrical engineer developed the initial drawings for the entire building. He stated that at that time, it was assumed that it would be a total rewiring; however, after speaking with a local electrician and the electrical engineer, it was agreed that both of them were qualified to go through the building and determine what needed to come out and what could remain. He stated this is a cost effective approach and he assured Supervisor Wright that no wires would be tied into something that would not handle the voltage. Lisa T. Perry, Director of Economic Development, stated pursuant to previous notification from staff that the Chamber of Commerce would no longer be managing the Olde Town Curb Market in Smithfield and approval that the Board will continue to fund the Market in the amount of $5,000 as in years? past, staff presented an operational plan for carrying forward the Market. She advised that staff has applied for a grant to solicit up to $75,000 from the USDA to assist staff in moving forward with the Market in the future. She advised that staff is also prepared to solicit sponsorships to assist the Market in moving forward this summer. Supervisor Casteen moved that the Board approve the presented plan for County staff continuation and operational responsibility for the Smithfield Olde Town Curb Market. 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 advised that Arthur E. Berkley, Director of Inspections, has provided him with information concerning the vacant commercial building located in the Isle of Wight Industrial Park and the property located at 15458 Cedar Grove Road and that he will continue to monitor those sites. Mr. Robertson stated with respect to providing the same level of quality videotaping to viewers watching the Board meetings on the County?s PEG channel, contained in the agenda is information pertaining to the minor modifications that can be made to improve what is viewed by the public for the Board?s consideration. Supervisor Bradshaw moved that the Board authorize the videotaping of Power Point presentations and that the funds be taken from the contingency fund. 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. 44 Ms. Walkup commented that the Board had received a letter from Messrs. Morgan and Turner requesting that the following application be referred back to the Planning Commission: 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 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 above application be referred back to the Planning Commission. 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. Interim County Attorney Burton requested the Board take action responsive to the letter received from Messrs. Morgan and Turner agreeing to extend the time for the Board to take action on the rezoning request to December 31, 2008. Chairman Clark moved that the Board approve the request of Messrs. Morgan and Turner to extend the amount of time that the Board has to consider the rezoning request to December 31, 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. Interim County Attorney Burton advised that Messrs. Morgan and Turner are requesting that the following application be continued for four (4) months: 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 45 the west side of Benns Church Boulevard (Route 10/32) north of Muddy Cross Drive (Route 620) in the Windsor Election District. Supervisor Bradshaw voiced strong opposition to a Wal-Mart facility at that location. Supervisor Brown moved that the Board continue the application of Benns Church Properties, owner, and AH Benns Grant LLC until the Board?s August 7, 2008 meeting. The motion was adopted by a vote of (3- 2) with Supervisors Brown, Clark and Wright voting in favor of the motion and Supervisors Bradshaw and Casteen voting against the motion. Interim County Attorney Burton advised that Messrs. Morgan and Turner are requesting the Board to table the Guidelines for Community Development Authorities for a period of four (4) months. Chairman Clark moved that the Board table consideration of the Guidelines for Community Development Authorities until the Board?s August 7, 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. Interim County Attorney Burton advised that Messrs. Morgan and Turner are requesting that the Board table consideration of An Ordinance Creating the Benns Grant Community Development Authority for a period of four (4) months. Chairman Clark moved that the Board table consideration of An Ordinance Creating the Benns Grant Community Development Authority until the Board?s August 7, 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. Supervisor Bradshaw recognized that the school administration, the Social Services Department and the Sheriff?s Office support the Early Childhood Program and he recommended that the Board move forward with this effort. Supervisor Bradshaw moved that the County join the Early Childhood Program as a regional participant with the City of Franklin and Southampton County; that the County?s commitment this year will be $15,000; and, that the County will participate and include in next year?s budget an amount of $31,000. The funds are to be taken 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. // 46 Chairman Clark called for New Business. Chairman Clark moved that staff be directed to advise Mr. Fulghram that the County has no land available at this time for the location of a Southside Virginia Historical Library. 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. With respect to the 2010 Census, Kari L. Sletten, Director of Information Technology, advised that the information has been returned to the census, resulting in an accurate census count. Chairman Clark requested that Interim County Burton set up a meeting with the Wetlands Board Chairman and himself regarding the Board?s previous request to the Wetlands Board to comply with the Board?s specific directives. County Administrator Caskey offered to forward information on the Relay for Life to the Employee Relations Committee for its comments and recommendation. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.1 for discussion of a personnel matter pertaining to the salary of a specific public official and MOU; pursuant to Section 2.2- 3711.A.1 for five (5) discussions of personnel matters pertaining to a specific public official; and, pursuant to Section 2.2-3711.A.7 regarding discussion with legal counsel regarding specific legal matters requiring the provision of legal advice related to Benn?s Grant. Supervisor Brown moved that the Board enter the Closed Meeting for the reasons stated by Interim County Attorney Burton. 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 Wright moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING 47 WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 Chairman Clark moved that the meeting time be extended past 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 noSupervisors voting against the motion. Chairman Clark moved to continue the Clerk?s Office stipend as discussed in the Closed Meeting and to amend the Memorandum of Understanding as discussed in the Closed 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 noSupervisors voting against the motion. Chairman Clark moved to authorize the use of the UDA plans as discussed in Closed Meeting under the terms discussed in the Closed Meeting. 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