Loading...
08-07-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice-Chairman Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Austin Hardison called the meeting to order at 4:00 p.m. // C. J. Hardison 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 Old Business, add a Deed of Bargain and Sale for the Robinson property; under the County Attorney?s Report, add a refund to Jeb?s Market; under the Consent Agenda, defer item ?P?, pursuant to a request by the property owner pertaining to Lawnes Point; under New Business, add a Resolution in Recognition of the Passing of Allen Bradby, Sr.; under Old Business, defer items ?E? and ?F?, pursuant to a request by the property owner pertaining to CDA guidelines and a Walmart Conditional Use Permit, add a Deed of Bargain and Sale and Real Estate Purchase Contract for the Johnson property in Zuni; under Old Business, add a sales contract between the County and HRFT, Inc.; under the County Attorney?s Report, add an Ordinance to Amend Chapter 16, Tyler?s Beach Boat Harbor, Abandoned Property; under New Business, add consideration of naming the Road ?A? extension at the Shirley T. Holland Commerce Park as ?William Gwaltney Way? per the request of Supervisor Wright; under the County Attorney?s Report, add two additional Closed Meeting items; and, under the County Attorney?s Report, add consideration of changing the September 18, 2008 Board of Supervisors? Meeting to another date and the establishment of a special meeting for the ribbon cutting for the Fairgrounds. 1 Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations/Appearances. Chairman Clark recognized Mrs. Paul O?Berry and presented her with a resolution recognizing the efforts of her late husband. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF PAUL O?BERRY WHEREAS,Paul O?Berryhas served the community with dedicated service to the Isle of Wight County Fair for fourteen years; and, WHEREAS,during this time has performed a variety of roles including Publicity Chairman and holding the position of Secretary of the Fair Committee. WHEREAS,it should also be noted that Mr. O?Berry was actively involved in planning the Fair until his death April 7, 2008. He is survived by his wife Sharon who supported his efforts, and also gave many hours of her time by supporting her husband?s commitment. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of the dedicated service and leadership of Mr. O?Berry. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF AUDREY KRAEMER 2 WHEREAS,Audrey Kraemerhas served the community with dedicated service to the Isle of Wight County Fair for fourteen years; and, WHEREAS,during this time has performed a variety of roles including Arts and Crafts Chairperson, Non-Profit Chairperson, and Commercial Tent Chairperson. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of the dedicated service and leadership of Mrs. Kraemer. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. 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. The above Resolution is to be forwarded to Mrs. Kraemer in her absence today. Commander R. G. Catoire, United States Navy, addressed the Board on the Outlying Landing Field siting issue. Carl Shaeffer, Eperitus, presented the findings of the Isle of Wight County Schools Demographic Study to the Board. Gina R. Ippolito, Recreation Administrator, formally introduced LaTanya Turner, the County?s new Recreation Manager. // Chairman Clark called for Regional Reports. Supervisor Brown advised that Rowland L. Taylor, the former City Manager of Franklin, has been hired as the new Chief Executive Officer of the Southeastern Public Service Authority. He advised that Don Williams was appointed as the new Chairman and Ray Smith was appointed as the Vice-Chairman of the SPSA Board of Directors. Supervisor Bradshaw advised that The Tidewater News had recently reported that SPSA had recommended that Mr. Wrenn remain on the Council. He commented that he did not believe it was appropriate for any regional authority to send a letter to any local government with respect to how that government should be making its political decisions. He stated that Mr. Leroy Bennett, SPSA Board Chairman, had acted on his own accord when he had sent out the letter to the Cities of Franklin or 3 Portsmouth requesting that certain individuals remain on their respective Councils and that a review of the SPSA minutes had not revealed a motion directing him to send such a letter. Supervisor Brown notified the Board that SPSA had only received one (1) response to its proposal for the sale of the waste-to-energy plant and that SPSA did not wish to reveal the respondent because it could jeopardize the sale of the plant. Supervisor Bradshaw reported that he and Supervisor Wright had met with representatives of the City of Franklin regarding wastewater issues, but that no elected officials from the City of Franklin had attended and that the meeting had been conducted by that City?s legal counsel. He advised that both he and Supervisor Wright had expressed that they were uncomfortable with participating in such a meeting conducted by an attorney without the County?s attorney also being present. He advised that County Administrator Caskey had been requested to send a letter to the former Franklin City Manager, Rowland Taylor, stating their position and, in response, staff had received a letter from the City of Franklin?s legal counsel stating the position of the meeting. He requested that County Administrator Caskey provide copies of both letters to the Board so that it is kept apprised. Supervisor Bradshaw advised he had met with the City of Franklin and Southampton County officials to discuss the possibility of a Franklin Airport regional authority. He advised that County Administrator Caskey has additional information concerning this matter and that he is anticipating the City of Franklin to schedule the next meeting. Supervisor Bradshaw reported that he and Supervisor Wright, as members of the Windsor Intergovernmental Relations Committee, had met with representatives from the Town of Windsor relative to the Windsor Development Service District, its impact and the intermodal park. He noted that discussions will continue in that regard and that additional staff would be brought in to assist with planning purposes for the Town of Windsor. He noted that County staff will be needed in the future to work with the Town of Windsor relative to the County?s plans for the intermodal park. // Chairman Clark called for Transportation Matters. Ms. Mazur was directed to mail copies of updated or omitted items to the Transportation Report to the Board members. Ms. Mazur advised Chairman Clark that the resolution pertaining to Yellow Rock Road, adopted by the Board at its July 1, 2008 meeting, has been forwarded to MacFarland Neblett, VDOT Residency Administrator. 4 She advised that a survey now needs to be conducted and any utilities identified. Mr. Neblett responded that once the survey is conducted (within the next two (2) weeks) and all utilities are identified, VDOT will proceed with assigning a route number (within 30 days) for maintenance. He noted this should be accomplished by the first of November 2008. Regarding funding for the survey, Supervisor Bradshaw recommended that Ms. Mazur meet with the Director of Budget and Finance and that an appropriate resolution be presented to the Board at a later date. Mr. Neblett advised that he anticipates having a report on Zuni for the Board the first part of next week. Mr. Neblett advised Supervisor Brown that the survey work has been conducted and the preliminary engineering design has been developed for Owen?s Estates. He confirmed that the project will not have to be put into the Six-Year Secondary Road Plan. Supervisor Brown offered to contact Mr. Neblett to ascertain a mutually agreeable date for meeting at the site. Mr. Neblett advised Supervisor Casteen that he is reviewing the possibility of obtaining highway safety funding for the right-turn lane at the Route 10 Bypass at Main Street in Smithfield. Supervisor Casteen advised that he had sent an email to Mr. Neblett suggesting that the left-turn lane be addressed at the same time as the right- turn lane. He advised that he had also passed along a request made to him at a recent Smithfield Town Council meeting that re-stripping of the area on Main Street heading towards the Bypass be considered. Supervisor Casteen moved that Mr. Neblett be requested to include consideration of the left-hand lane at the same time as the right-turn lane is addressed. 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 VDOT provide the Board with a monthly financial report depicting the maintenance expenditures budget amount as compared to the actual cost expended. 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. Ed Easter of 12224 Hideaway Lane offered to pay at least 50% of the survey cost associated with Yellow Rock Road. 5 Arthur DeGroft addressed the elimination of the Chuckatuck Bridge from the State formula stating that 25% of the region?s bridges are in need of repairs. He advised that 84 bridges are located in the County and 33 bridges are considered structurally deficient and functionally obsolete. // Chairman Clark called for Citizens Comments. Joseph King of 905 Chesapeake Avenue in Hampton addressed the Board regarding certain problems that have occurred in association with his property known as Carrollton Auto Parts. Mary Connell, Isle of Wight County Humane Society, submitted the Society?s comments and recommendations for inclusion in the County?s proposed Feral Cat Ordinance. Tom Griffin of 201 North Church Street notified the Board of his duties associated with the management of an existing cat colony. Grace Keen, Isle of Wight Citizens Association, notified the Board that the Association will be sponsoring an open forum on the problems confronting Town and County governments on Monday, August 11, 2008 at 7:00 p.m. at the Carrollton Elementary School. She invited the Board members to attend and advised that the Towns of Smithfield and Windsor have also been invited. She further extended an invitation for the Board to attend a meeting sponsored by the Association on Monday, September 8, 2008 at 7:00 p.m. at The Smithfield Center concerning County government. She advised that the guest speaker would be James Campbell, Executive Director of VACo. She advised that a dinner for Mr. Campbell will be held at 5:30 p.m. at Smithfield Station. Finally, she advised that the Association th will be celebrating its 30 anniversary following the meeting and she invited the Board to attend that, as well. Dean Deprenzio of 112 Lands End Lane in Carrollton expressed concern about the proposed apartments to be built on Route 17 by the Breeden Company citing concerns with transportation due to a proposed right-turn lane into Whippingham Lane. She advised that stormwater is suppose to be directed from the other side of the road to her area and that she currently has standing water in her yard and mold on her fence. She stated that her community is not in favor of workforce apartments because of the additional children it will bring into the County?s school system; the additional traffic on Route 17; transportation safety problems associated with the routing of traffic across to Whippingham back to the James River Bridge; and, that motorists will find it difficult to cross two (2) lanes of traffic in order to get to the turn lane for the James River Bridge with only a right-hand turn lane and no traffic light. 6 Chairman Clark requested that the Clerk provide the Director of Planning and Zoning with a copy of Ms. Deprenzio?s comments. Arthur L. DeGroft of 17262 Woodland Drive advised that 33 of 84 bridges located in the County are considered deficient. He proposed the implementation of a four (4) day work week for County employees would reduce carbon emissions, resulting in a 20% savings, which could then be designated solely to transportation needs and act as a natural increase in commerce and retail sales. He stated stress levels and carbon emissions would be immediately reduced while providing the much needed dollars for our national and statewide transportation needs. Mr. DeGroft spoke in favor of funding for the Western Tidewater Free Clinic which will be needed in less than eight (8) months. He recommended that the money saved from implementing a four (4) day work week also be used for such a facility. Dr. Gail Furman, 22534 James River Drive in Carrollton and a member of the Isle of Wight County Humane Society, requested that any fee be deleted in the proposed Feral Cat Ordinance: that would be charged to caretakers that apply for this designation and that ?it shall be unlawful to feed a cat? be deleted and replaced with ?unlawful to maintain a feral cat colony unless the caregiver has applied for the caregiver designation?. Chairman Clark moved that the County Attorney?s office make contact with Dr. Furman relative to her suggested changes to the proposed Ordinance so that her concerns can be addressed at the Board?s September 16, 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. Sadie Boyer of the Newport District, on behalf of the Isle of Wight Citizens Association, advised the Board that the Association feels that the request by Henry Morgan and others to continue the petition for the creation of the Benns Grant Community Development Authority (CDA) to November, 2008 should be denied and not deferred because Benns Grant, if and when presented again, is sure to be different than the original project. She recommended that research be conducted relative to how other communities have been greatly mistaken in thinking that CDAs were a positive thing. She advised that the Association also requested her to express its concern with the proffers, workforce housing rental range and traffic associated with the proposed Bridge Point Commons Development. She advised that the Association agrees that the developer?s proposal warrants another public hearing due to the size of the development and the number of changes. She stated that not sending the project back to the Planning Commission denies the citizens the right to have the Planning Commission exercise its responsibility to the citizens and cuts in half the 7 number of times in front of a governing body that citizens have to express their opinions concerning this development. Delores Darden of 16249 Bowling Green Road addressed the Board on the issue of the Benns Grant Community Development Authority (CDA) and the problems associated with this type of creative financing. She suggested that the County learn from other surrounding counties? mistakes and successes. She stated that she did not believe a CDA is a good tool for the County?s development and she urged the Board to deny the Conditional Use Permit for Walmart. Teresa Quinn of 105 Liberty Way in Carrollton noted her objection to extending the Community Development Authority to Messrs. Morgan and Turner because she believes they have had ample time to come up with a viable solution. She noted that granting an extension is unfair to other builders using traditional financing who are currently building in the County. // 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 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 County Attorney?s report. Interim County Attorney Burton requested the Board?s authorization to change the September 18, 2008 meeting date noting that it conflicts with the opening of the Fair. Supervisor Casteen moved to change the September 18, 2008 meeting, th due to a conflict with the opening of the County Fair, to September 16 at 6:00 p.m. with public hearings to be held at 7:00 p.m. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that staff has suggested that the Board conduct a ribbon cutting ceremony at the Fairgrounds prior to its regular meeting on September 4, 2008. 8 Supervisor Casteen moved that the Board hold a special meeting at 2:30 on September 4, 2008 prior to the 4:00 p.m. regular meeting for the purpose of conducting a ribbon cutting at the Fairgrounds. 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 requested the Board?s authorization to advertise An Ordinance to Amend Chapter 16, Tyler?s Beach Boat Harbor, Abandoned Property for public hearing at the Board?s September 16, 2008 meeting. Chairman Clark moved that the Board authorize the County Attorney?s office to advertise the Ordinance for public hearing at the Board?s September 16, 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 requested that the Board approve a tax refund to Jeb?s Market in the amount of $11,626.31. Supervisor Bradshaw moved that the Interim County Attorney be authorized to approve the tax refund to Jeb?s Market in the amount of $11,626.31. 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?s authorization to advertise a public hearing on Chapter 12.1 Public Parks and Recreation Facilities at the Board?s September 16, 2008 meeting. Chairman Clark moved that the County Attorney?s office be authorized to advertise the proposed Ordinance for public hearing at the Board?s September 16, 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 requested authorization to advertise Chapter 8 Garbage, Weeds and Litter/Article IV Load Covering and Transportation of Litter/Section 8-12 Penalties for public hearing at the Board?s September 16, 2008 meeting. Supervisor Bradshaw moved that the Board authorize the County Attorney?s office to advertise the proposed amendments for public hearing at the Board?s September 16, 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. 9 Interim County Attorney Burton requested authorization to advertise Chapter 7 Fire Protection/Article II Fireworks and Article III Open Burning for public hearing at the Board?s September 16, 2008 meeting. Supervisor Bradshaw moved that the Board authorize the County Attorney?s office to advertise the proposed amendments for public hearing at the Board?s September 16, 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 requested authorization to advertise Chapter 12 Offenses/Section 12-11 Hunting Near Public Schools or Parks Prohibited for public hearing at the Board?s September 16, 2008 meeting. Supervisor Casteen moved that the Board authorize the County Attorney?s office to advertise the proposed amendments for public hearing at the Board?s September 16, 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 requested authorization to advertise the Fifth Amendment of the Agricultural Lease Agreement with Matthew J. Johnson to the agricultural lease for public hearing at the Board?s September 16, 2008 meeting. Supervisor Bradshaw moved that the Board authorize the County Attorney?s office to advertise the Fifth Amendment of the Agricultural Lease Agreement with Matthew J. Johnson to the agricultural lease for public hearing at the Board?s September 16, 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 requested that the Board approve a tax refund to Anna?s Ristorante, Inc. Chairman Clark moved that the Interim County Attorney be authorized to approve the tax refund in the amount of $3,883.06 for an over payment of the tangible personal property taxes for the tax years 2007, 2006 and 2005 due to Anna?s Ristorante, Inc. 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 proposed Agreement Addendum with Powell Management Associates for the new Courts building for a traffic impact analysis. 10 Supervisor Wright moved that the Chairman be authorized to execute the Agreement Addendum from Powell Management Associates for the new Courts building 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 Big Sky Properties filed a Notice of Claim, which he recommends the Board deny. Chairman Clark moved that the claim of Big Sky Properties be denied. 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 six (6) matters to discuss with the Board later during the Closed Meeting. // Chairman Clark called for the Parks and Recreation report. Mark W. Furlo, Park Administrator, presented a Memorandum of Understanding between the Board and the Isle of Wight Amateur Athletics, Inc. Supervisor Bradshaw moved that the Board approve the Memorandum of Understanding between IWAA and 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. Supervisor Bradshaw moved that the Board adopt the following Resolution to Accept and Appropriate $20,000 in a Donation from the Isle of Wight Athletics Association: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY THOUSAND DOLLARS IN A DONATION FROM THE ISLE OF WIGHT AMATEUR ATHLETICS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a donation from the Isle of Wight Amateur Athletics, Inc. to assist in the cost of replacement of the skateboard ramps at Nike Park; and, WHEREAS, the funds in the total amount of twenty thousand dollars ($20,000) need to be accepted and appropriated to the appropriate line items in the FY 2008-09 General Operating Budget of the County of Isle of Wight. 11 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty thousand dollars ($20,000) be accepted and appropriated to the appropriate line items of the FY 2008-09 General Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the General Services report. Ms. Mazur presented a Memorandum of Agreement between the Town of Smithfield and Isle of Wight County with the understanding that the Town will administer their own Erosion and Sediment Control Program. Supervisor Wright moved that the Board approve the Memorandum of Agreement between the Town of Smithfield and the County relative to the administration of an Erosion and Sediment Control Program. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Mazur presented a construction contract for additional soccer fields at Nike Park, which he recommended that the Board approve. Chairman Clark moved that the Board approve the contract contingent upon review by the County Attorney?s office and the successful elapse of the standard ten (10) day waiting period of the ?Intent to Award?. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Mazur advised that the construction project at the Joel C. Bradshaw Fairgrounds is 98% complete. She advised that landscaping and electrical work is being finalized. She advised that 15 acres needs to be reseeded at an estimated additional cost of $42,000. She advised that staff has identified $22,000 remaining in the project budget. She advised that staff recommends using the remaining funds in the budget to seed the remaining areas, which will be 8-9 acres of land. 12 Supervisor Bradshaw noted that he is not in favor of spending any additional funds for grass reseeding. Supervisor Wright moved that the reseeding and soding is not to exceed $20,000. The motion was adopted by a vote of (4-1) with Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion and Supervisor Bradshaw voting against the motion. Ms. DeVary offered to provide a reconciliation of the expenditures to the Board at its August 21, 2008 meeting. Mr. Furlo briefed the Board on the various events that will occur in conjunction with the County Fair. Judy H. Winslow, Director of Tourism, briefed the Board on advertising efforts related to the County Fair, which includes a contract with the Addison Group. Gina T. Ippolito, Recreation Administrator, addressed the issue of sponsorships related to the Fair, which have been slower this year than anticipated. // 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: The application of Dorothy G. Gwaltney, owner, and Highland Sports LLC, applicant, for a Conditional Use Permit to allow a private, non- commercial, clay target outdoor shooting range on approximately ten (10) acres of land located on the east side of Orbit Road (Route 637) in the Windsor Election District. Mathew Smolnik, Planner, introduced the application. He advised that following the distribution of the Board packets, the applicant distributed an environmental noise monitoring report dated August 5, 2008; a site assessment dated August 6, 2008; and, an aerial view of the proposed shooting boundaries on the property. He noted that copies of same had been placed at the Board members seats prior to the meeting for review. He advised that the Planning Commission, at its June 24, 2008 meeting, 13 recommended approval of the application by a vote of (7-1) with Conditions #9 and #10 as outlined in the staff report. Chairman Clark called for persons to speak in favor of or in opposition to the application. Billy Gwaltney, 23489 Deer Path Trail, requested the Board to approve his application, noting that it meets all the County?s requirements for a private shooting range and that it will not be open to the public. Jim Thornhill, McQuire Woods, on behalf of the applicant, advised that the shooting range is limited to four (4) hours per day, three (3) days a week with no shooting before 10:00 a.m. and no shooting on Sundays or holidays. He advised that Highland Sports has attempted to eliminate a concern raised by Big Sky Properties that shots could enter that property to the east by orienting the shooting away from Big Sky Properties. He advised that a noise survey by Highland Sports has been completed, as well as a site assessment, which has determined that there is not a reasonable likelihood that surface or ground water would become contaminated by the use of this site as a shooting range. Jay Wood, 15173 Bowling Green Road, spoke on behalf of the applicant. He spoke in favor of the County remaining a rural community, of which shooting is associated with the farming industry. He stated if a shooting range is not suitable for this area, then there is no suitable area in the County. He noted that there are only 15 homes located in this area and only two (2) homes that are relatively close. He stated there is no chance that this small shot size would endanger these homes. He stated that the environmental impact does bother him to some extent. He stated that the Airfield Shooting Club, of which he is a member, is in conjunction with the 4-H Center in Wakefield which has a high-powered pistol range and a skeet range and which is located only 3/10 of a mile from the 4-H Center and no one seems to be concerned about the noise. He stated that Oceana has had a skeet range for many years and they shoot six (6) days a week and the Navy has never had a problem with lead contamination. He noted that dove hunting was allowed in Virginia Beach on a farm located near an upscale neighborhood until that property was developed into a golf course. He stated that Paris Island was established in 1915 which is now located across the water from Hilton Head Island and those homeowners have never tried to close it down. Leslie Babb, 13289 Shiloh Drive, stated that Orbit Road is still considered rural and some of the individuals who have a problem with this application are the same individuals who have hunted on his and many other farms in the County. He stated that Orbit Hunt Club rents the land from Big Sky Properties and the Board and officers of Orbit Hunt Club are in favor of the application. 14 Ron Perry, farm owner in Surry County, spoke in favor of the application. He stated if the application is not approved, it will have a lot of ramifications for other counties in the State of Virginia. Gordon Wills, 12224 Five Forks Road, spoke in favor of the application. Nanny Walker, Holly Grove AME, spoke in favor of the application. She stated that this is a rural area and certain things are expected, such as hunting and the sound of gunshot. She stated that she believes that landowners should be able to do whatever they want as long as it does not hurt humankind in any way. Mr. Turner, one of the Big Sky Properties owners, stated that Big Sky Properties has never been against the Gwaltney family shooting, but against the lead. He advised that several Big Sky Properties investors were looking at staking out a farm on the property and they heard shots ringing through the trees. He stated that he would advise the other investors that the lead problem has been addressed by shooting in another direction and he believes everything will be fine with them. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark inquired if shooting is oriented in a different direction, does this make it more towards the road than the original proposal. Louis McMearn from Carrollton replied that Virginia State Code allows hunters to hunt within 100 yards of a roadway and he confirmed that the shot will not reach the roadway. Supervisor Bradshaw requested that the holidays to be observed should be specified as ?State? holidays. Interim County Attorney Burton suggested that if the Board chooses, it could change the language in the condition to include ?Sundays and/or State Holidays.? Supervisor Wright moved that the Board approve the application of Dorothy G. Gwaltney, owner, and Highland Sports LLC, applicant, as amended, to include "Sundays and/or State Holidays. 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. 15 Chairman Clark advised that there would be no public hearing held on the following application because the applicant has requested that it be withdrawn. The request of Three Coins LLC, owner, and Commonwealth Engineering, applicant, to amend the Comprehensive Land Use Designation of Tax Map Parcels 34-01-108, and 34-01-108B in the Newport Development Service District from Business and Employment Growth to Mixed Use Activity Center. Said property, approximately 8.028 acres, is located on the east side of Carrollton Boulevard (Route 17), south of Sugar Hill Road (Route 661) in the Newport Election District. The proposed use of the property is for a proposed apartment (multi-family) development. // Supervisor Wright moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the Emergency Services report. Brian Carroll, Isle of Wight Volunteer Rescue Squad, advised the Board that the Windsor Volunteer Rescue Squad has re-allocated an old ambulance to the Isle of Wight Volunteer Rescue Squad which will be placed in service by the Isle of Wight Volunteer Rescue Squad. He further advised that the call volume at the Isle of Wight Volunteer Rescue Squad has increased by 20 calls per month over the last four (4) years and mileage is up from 66,000 miles last year to approximately 80,000 miles by the end of 2008. // Chairman Clark called for the County Administrator?s report. County Administrator Caskey presented a resolution recognizing the th 60 anniversary of the Zuni Ruritan Club which he recommended that the Board adopt. Supervisor Bradshaw moved that the Board adopt the following Resolution: TH RESOLUTION TO RECOGNIZE THE 60 ANNIVERSARY OF THE ZUNI RURITAN CLUB 16 WHEREAS, Ruritan is a civic organization founded in 1928 with the purpose of serving the needs of communities throughout the United States; and, WHEREAS, the Zuni Ruritan Club was chartered on July 21, 1948 and Mr. E. Roland Lewis served as the first President of the club; and, WHEREAS, the Ruritan Club is a volunteer-run organization that has supported the community via activities such as community improvement days, fundraisers, and blood drives; and, WHEREAS, the Ruritan Club played an important role in the development of a new Post Office building in Zuni in the 1960?s; and, WHEREAS, the Board of Supervisors desires to recognize the positive th contributions of the Zuni Ruritan Club and its 60 Anniversary. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes th and congratulates the Zuni Ruritan Club on the occasion of its 60 Anniversary. 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 advised that he would present the Resolution to the Zuni Ruritan Club on behalf of the Board. County Administrator Caskey presented a resolution for the Board?s consideration that the General Assembly name the bridge over the Blackwater River on Route 58 Business connecting Isle of Wight County and the City of Franklin which is currently under construction the Holland- Councill Memorial Bridge in honor of Senator Richard J. Holland and Delegate J. Paul Councill, Jr. Supervisor Bradshaw moved that the Board adopt the following Resolution and that a copy of the Resolution be sent to the City of Franklin requesting that they adopt the same resolution: RESOLUTION TO REQUEST BRIDGE NAME WHEREAS, the Honorable Richard J. Holland served the Commonwealth of Virginia and the County of Isle of Wight as a member of the Senate of Virginia; and, 17 WHEREAS, the Honorable J. Paul Councill, Jr. served the Commonwealth of Virginia and the County of Isle of Wight as a member of the House of Delegates; and, WHEREAS, the bridge over the Blackwater River on Route 58 Business connecting Isle of Wight County and the City of Franklin is currently under construction; and, WHEREAS, the Board of Supervisors desires to name said bridge the Holland-Councill Memorial Bridge in honor of Senator Richard J. Holland and Delegate J. Paul Councill, Jr. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia requests the General Assembly?s favorable consideration of naming the bridge structure on Route 58 Business the Holland-Councill Memorial Bridge. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Patrick J. Small, Assistant County Administrator, briefed the Board on the status of the Museum reconstruction stating that the HVAC and electrical work is complete in the upstairs of the Museum. He stated that the contractor W. L. Jones is ahead of schedule and under budget. He advised that work in the basement will be complete by the end of the month and Tourism staff is currently being relocated in the old office space which has been renovated and cleaned. He advised that the final stamped plans for the basement were received today and have been forwarded to the final cost estimator. He stated that staff will have the plans and cost estimates for the Board?s consideration at its August 21, 2008 meeting. Ms. Winslow presented the timeline developed by the Historic Resources Division regarding the reopening of the Museum on November 15, 2008. She presented an itemized breakdown of funding needed for the reopening of the Museum for the Board?s review prior to its August 21, 2008 meeting. Supervisor Casteen requested Ms. Winslow to advise the Museum Foundation that the targeted reopening date is November 15, 2008. Supervisor Bradshaw moved Supervisor Casteen work with staff with respect to the additional cost for the reopening and to make a recommendation relative to additional funding in the budget. 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. 18 Supervisor Casteen informed the Board that staff has been unable to secure a cost estimate on the basement renovation to date; however, the amount is not anticipated to be large compared to the estimate of $20,000+ originally for that area. He stated that the hope was that the basement renovation would be complete by the opening of the Museum so that it could be utilized during the opening ceremony. Liesl R. DeVary, Director of Budget and Finance, advised that the Finance Committee, at its meeting last week, desires to discuss with the Board certain anticipated budget shortfalls, the first of which is the Museum reopening. She advised that no funds have been budgeted for the construction needs of the basement, as well as the operating needs in order to get the Museum reopened. Supervisor Casteen inquired if the cost to perform the basement renovation is determined before the Board?s next meeting, could the procurement process be facilitated by proceeding with the solicitation of RFPs for the project with the goal in mind of getting the Museum opened as soon as possible. Interim County Attorney Burton replied ?yes? that the Board is only authorizing staff to begin the procurement process. Ms. DeVary advised if the amount is under $30,000, Requests for Quotes are solicited and the Board normally is not involved in the process. She stated if the amount exceeds $30,000, the Virginia Procurement Act requires the County to solicit formal bids of which the Board would award the bid. Supervisor Bradshaw advised that the cost estimate for renovating the basement, as well as the operating needs presented by Ms. Winslow, needs to be included in the budget. Supervisor Casteen inquired if whatever the proposal turns out to be, can he proceed with looking into that before the next Board meeting. Chairman Clark commented that does not the solicitation of RFPs and the receipt of their responses only mean that the County intends to proceed. He asked what if the number is too large or the Board decides not to move forward. Ms. Liesl recommended that the Board approve the plans before staff proceeds with obtaining any quotes. With respect to the Regional Consent Order, Ms. DeVary advised that it is estimated that an additional $160,000 will need to be appropriated. 19 Mr. Small stated this is the Regional Consent Order which is a Federal mandate and associated with the Hampton Roads Sanitation District and the Department of Environmental Quality. He advised that $150,000 is included in the budget; however, the Board should anticipate receiving a presentation from Mr. Bob Roop with Timmons Groups regarding additional task orders at its meeting on August 21, 2008 in the amount of $370,000, of which only $150,000 is budgeted. With respect to pay plan changes, Ms. Emily G. Haywood, Director of Human Resources, advised that staff anticipates bringing a final Pay Plan developed by Springstead to the Board for its consideration at its meeting in September. She advised that staff feels comfortable with the proposed pay ranges relating to the County?s public safety, particularly the dispatchers, and she would like to move forward with developing a resolution for the Board?s consideration. Ms. DeVary recalled that when the budget was approved, staff knew that the State cuts would have to be addressed at a later date. She stated that the State reductions for the County for FY2009 is $100,287 and FY2010 is $99,664. She advised that it is necessary to certify how the County intends to take these State reductions before January 9, 2009. She recommended that a check be issued to the Commonwealth of Virginia reimbursing them for the amount of State cuts. She advised that the FY2010 amount may not remain the same and the County has the ability to change which option it decides to take. She advised that based on the direction this evening, staff will prepare the appropriate amendment to the budget and return to the Board at its next meeting. Supervisor Bradshaw moved to direct staff to follow Option (1), to make a reimbursement payment directly to the Commonwealth for all of the locality?s share of the reductions and this transaction will be reflected in a locality?s records as a negative revenue under the heading ?Local Aid to the Commonwealth,? as recommended by VACo and that the County will send the sample transmittal letter, as provided by VACo. 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 Utilities budget, staff estimates that there is a potential shortfall in the budget of approximately $100,000 based on usage and the fact that Virginia Dominion Power had applied for a fuel rate increase, which was effective July 1, 2008. She advised that staff has also been in discussion with the school system because it will most likely have a shortfall, as well. She stated that staff will continue to monitor this, but she anticipates coming back to the Board in January 2009 to request additional funds for this. She stated that the price of gas and motor fuel has sky rocketed and the price the County is paying is up 54% from a year ago and based on usage, staff anticipates an increase of $130,000 for the County. 20 She advised that the collection rate on taxes could decrease based on the state of the economy. Supervisor Casteen requested that the APVA request for funding in the amount of $5,000 be included in the budget. Ms. DeVary noted that the Code of Virginia requires that the County reduce its tax rate whenever a reassessment results in an increase of more than 1% from the prior year?s tax levy. She advised that the County?s total assessment value increased by approximately 11% before factoring in new construction; tax relief and recycling credit; and, deferred values with the County?s Land Use Program to arrive at the County?s net taxable assessments, of which the increase equates to a 7% increase. She advised that if the County did not have a reassessment, the net projected revenue would equate to $19,892,000, but with the reassessment and keeping the rate at $.52, the net projected revenue would be $21,274,000. She stated it is only necessary to make the rate revenue neutral on anything that exceeds the 1% and the excess revenue that would need to be returned is approximately $1,183,000 or taking the rate from $.52 to $.49 per $100 of assessed value. She asked the Board to keep in mind that the budget was balanced using $1.5 million dollars of fund balance and that staff is planning to go to the bond market in January 2009 or February 2009 in order to fund the new Courts building and the proposed Smithfield Fire Station and the bond agencies want to see a healthy fund balance. Supervisor Wright moved to keep the tax rate at $.52. 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 to authorize staff to advertise the matter for a public hearing on September 16, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a variety of grants for the Board?s consideration with the Virginia Department of Historic Resources pertaining to Isle of Wight County?s Historic Resources Division. Chairman Clark moved that the Board authorize staff to submit grant applications for Boykin?s Tavern; Isle of Wight County Museum; Fort Huger; and, Fort Boykin. 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, presented the 2009 VACo Legislative Program to the Board for its consideration. 21 Supervisor Bradshaw moved that the Board adopt the County?s 2009 VACo Legislative Program. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey recalled that the Board has set its Board Retreat for November 14, 2008 and November 15, 2008 with Mike Chandler acting as Facilitator. He requested that the Board give consideration of a location to hold its Annual Retreat. The Board concurred with holding its Retreat at the Windsor Elementary School. County Administrator Caskey acknowledged the Green Government Program Poster displayed on the Board Room wall, noting it was one (1) of sixteen (16) posters from County governments across the country that were on display at the NACo Annual Conference this year in Kansas City. // Chairman Clark called for consideration of the following Consent Agenda: A. Participation in NACo?s Green Government Poster Session B. South Shore Drive/Addition to State Secondary Roadway System . Resolution of the Board of Supervisors of Isle of Wight County Giving Notice of Their Intention to Add South Shore Drive to the State Secondary Roadway System C. Smithfield Cultural Arts League . Resolution to Accept and Appropriate Funds for the Local Government Challenge Grant D. Virginia Wireless E-911 Services Board Public Safety Answering Point (PSAP) Grant . Resolution to Accept and Appropriate Grant Funds in the Amount of $17,600 for E-911 Services E. Virginia Office of Emergency Medical Services (OEMS) Grant Funds Received 22 . Resolution to Accept and Appropriate Funds from the Office of Emergency Medical Services also Known as the Rescue Squad Assistance Fund F. Donation from the Rushmere Volunteer Fire Department . Resolution to Accept Donated 1968 International Loadstar 1600 Tanker from the Rushmere Volunteer Fire Department G. Donation to Emergency Services Department . Resolution to Accept and Appropriate Donated 2000 Ford Expedition from the Smithfield Volunteer Fire Department H. Skating Rink ? Increase Petty Cash for Change Machine . Resolution to Increase Petty Cash Funds at Skating Rink I. Virginia Retirement System (VRS) ? Affirmation of Authorization to Pick-up Employee?s Contribution per Code of Virginia . Resolution ? Affirmation of Authorization to Pick-up the Employee?s Contribution to VRS for Isle of Wight County, 55146 Under §414(h) of the Internal Revenue Code J. Monthly Engineering Projects Report K. Preliminary Site Plan Application for SAFCO Products Company/Request for Administrative Approval L. Scientific Evidence on Pollution by Septic Systems M. Booker T. Estates Comprehensive Community Development Project ? M & W Construction Corporation, Change Order No. 3 N. Booker T. Estates Comprehensive Community Development Project ? Phase II Agreement between Isle of Wight County and the Virginia Department of Housing and Community Development O. Schedule a Joint Meeting between the Planning Commission and the Board of Supervisors P. Lawnes Point Sewer Collection and Treatment Facility Q. Delinquent Real Estate Tax Collection Monthly Report 23 R. May 15, 2008 Regular Meeting Minutes S. June 10, 2008 Work Session Minutes T. June 10, 2008 Regular Meeting Minutes U. July 1, 2008 Regular Meeting Minutes Supervisor Bradshaw moved that Item (P), Lawnes Point Sewer Collection and Treatment Facility, be deferred pursuant to the request of the property owner and that the remainder of the Consent Agenda be approved. 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 there will be a joint meeting between the Board and the Planning Commission held on October 21, 2008 between 6:00 p.m. and 9:00 p.m. at the Smithfield Station Conference Room. // Chairman Clark called for Appointments. Supervisor Wright moved that the Board reappoint Jimmy Oliver to serve on the PACE Program. 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 appoint Supervisor Bradshaw as the County representative on the Chamber of Commerce. 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. Amy Ring, Assistant Director of Planning and Zoning, noted included at the Board?s seat is a draft working map for the Board?s review depicting an alternative Development Service District (DSD) layout which will reduce the size of the proposed DSD expansion area in Windsor. She stated that the properties along Sunset Drive have been removed that are part of or in between properties that are members of the Knoxville Agricultural and Forestal District and they will retain their rural agricultural conservation designation. She stated staff desires to reconcile the Route 17 map with the 24 Comprehensive Plan map and recommends that the matter be returned to the Planning Commission for another public hearing. Supervisor Casteen recommended that the landfill, borrow pits and holding ponds be shown in the DSD?s so that the Board knows their various whereabouts in the County. Chairman Clark called for discussion of the following application: The application of James B. Brown, Jr. and Judith B. Roberts, et al, owners, and Brown, Jolley, Brown, LLC, applicant, for a change in zoning classification of approximately 42.65 acres of land from Rural Agricultural Conservation (RAC) to approximately 9.2 acres of Conditional-General Commercial (C-GC) and approximately 33.3 acres of Conditional-Urban Residential (C-UR). The property is located at the intersection of Carrollton Boulevard (Route 17) and Deep Bottom Drive (Route 662) in the Newport Election District. The purpose of the application is to develop a mixed-use community with commercial parcels on the Route 17 frontage and multi-family rental units in the rear. Supervisor Brown stated that he would be abstaining from participating in the discussion and voting on the above application because of his personal interest in this project. Ms. Walkup stated that included in the Board?s agenda is an update relative to the issues raised by the Board at its April 17, 2008 and June 10, 2008 Board meetings. She stated that staff has received revised proffers and conceptual plan from the applicant and due to substantial changes that were made in response to issues that were raised by residents of the adjacent Ashby Subdivision, the application will require readvertisement for the Board?s August 21, 2008 meeting. She advised that staff has advertised the application for the Board?s August 21, 2008 meeting and the revised proffers and conceptual plan have been sent to the representative for the Ashby Subdivision. Chairman Clark moved that the Board conduct a public hearing at its August 21, 2008 meeting and ratify the advertisement that has already been made. 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 abstaining from discussing and voting on the matter. Ms. Haywood, responsive to the Board?s direction at its May 15, 2008 meeting, advised that staff has developed a resolution regarding Board members? health insurance coverage and the budgetary impact of adding part-time employees that would be eligible for coverage into the insurance. She advised that a second resolution has also been prepared that would meet 25 the Board?s objective of capping the salary and benefits package for Board members for the Board?s consideration. Chairman Clark encouraged Supervisors Bradshaw and Wright, as the Board?s representatives on Finance Committee, to consider health insurance coverage for all part-time employees in the next budget cycle. Supervisor Casteen noted that there is a difference between eligible employees, as stated by Ms. Haywood, and all part-time employees, as stated by Chairman Clark. He advised that currently there are 31 eligible part-time employees, but there are a total of 100+ part-time employees. He clarified that the intent is for all eligible employees, not all part-time employees, to be able to obtain health insurance from the County. Ms. Haywood explained that, in order to contribute 100%, the underwriting guidelines state that there should be a 50% contribution of the employee-only portion. She stated in order to meet that requirement, the member?s salary will be reduced by the 50% requirement via payroll deduction, which would be placed in the employer contribution fund and the member would directly remit a check to staff on a monthly basis for the remainder of the premium. She advised that with respect to a participating Board member with spouse, dependent or family coverage, the cost for the insurance will exceed the salary of the Board member. She advised that the County operates under a cafeteria plan which allows an individual to elect his benefits as a pre-tax deduction, which is another reason why staff suggests that the check be remitted to the County as this is another area that is equalizing the salary and meeting the objective of the Board members to make the salary a flat amount. Supervisor Casteen commented that not being able to make it a pre- taxed deduction when a member is paying the entire amount is a significant penalty. He contended that according to the underwriting rules of the County?s insurance, provided by Anthem, the employer is required to pay a minimum of 50% of the employee-only level of coverage and if he has to pay 100% the County will not be meeting that requirement. Interim County Attorney Burton responded that with respect to Supervisor Casteen paying 100%, his salary will be reduced by the amount that would be the 50% that the County would be required to pay, which would be placed in the Blue Cross employees? account to be paid to Blue Cross and Supervisor Casteen would then be required to pay the balance. Chairman Clark commented that he is in support of allowing all part- time employees, 30 hours or more, to be part of the hospitalization plan. Supervisor Casteen commented that he would not be voting on the resolution. 26 Supervisor Bradshaw commented that a Board member must vote according to State law and that they may not abstain unless there is an adequate reason for abstention. Supervisor Wright moved that the Board adopt the following Resolution to Include Board of Supervisors? Members in County Group Health Coverage: RESOLUTION TO INCLUDE BOARD OF SUPERVISORS MEMBERS IN COUNTY GROUP HEALTH COVERAGE WHEREAS, Section 15.2-1414.3 (4) of the Code of Virginia (1950, as amended) grants the Board of Supervisors of the County of Isle of Wight, Virginia the right to receive any and all fringe benefits provided for employees; and WHEREAS, the Board of Supervisors wishes to participate in the County?s group health insurance coverage with the full cost of the health insurance paid by the member electing coverage. WHEREAS, the amount of the employer contribution of 50% of employee only coverage will be deducted from the member?s salary via payroll deduction. The remaining amount will be remitted directly to the County by the member monthly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that pursuant to Section 15.2-1414.3 (4), the Board of Supervisors may participate in the County?s group health insurance coverage with the full cost of the health insurance paid by the member electing coverage. This Resolution shall take effect on or after September 1, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. For the record, Supervisor Casteen did not cast a voice vote. Interim County Attorney Burton advised the Board that a failure to vote is not considered to be a ?no? vote, which must be a recorded vote, be it voice or otherwise. He advised that a no-voice vote on a motion is considered a ?yes? vote. Chairman Clark remarked that he is in favor of including County employees who work 30 hours or more eligible to receive health benefits in the next budget cycle. He stated that while there is a cost associated with 27 doing that, he believes it is something that needs to be done for County employees. Supervisor Bradshaw moved to direct Interim County Attorney Burton to research the law and advise the Board by separate memorandums whether or not a Board member is required to vote on a motion and whether or not the underwriting rules of the County?s insurance provided by Anthem require the employer to pay a minimum of 50% of the employee-only level of coverage. 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 effective date of the Resolution to Include Board of Supervisors? Members in the County Group Health Policy be September 1, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ralph A. Anderson, Solid Waste Manager, responsive to a recent conversation with Supervisor Bradshaw, staff is requesting additional time to evaluate the revision of the changes to the Convenience Center schedule. Supervisor Bradshaw moved that the Board accept the recommendation of staff and that the hours remain as stated. No changes are to be made until the Solid Waste Committee meets with staff. 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 request by the applicant to defer discussion on the Guidelines for Community Development Authorities and the Ordinance Creating the Benns Grant Community Development Authority. Supervisor Bradshaw stated that he is not in support of granting the request for deferral. Chairman Clark moved that the Board defer the matter until the November 20, 2008 meeting and that a notice be sent to the developer that the Board expects them to either have a viable plan to incorporate a Community Development Authority at that time or the matter will no longer be considered by the Board. The motion was adopted by a vote of (4-1) with Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion and Supervisor Bradshaw voting against the motion. Interim County Attorney Burton presented a request by the applicant that discussion on the Benns Grant Conditional Use Permit for a proposed Wal-Mart be deferred. 28 Supervisor Bradshaw noted that he is not in support of granting the request for deferral. Chairman Clark moved that the Board defer the matter until the November 20, 2008 meeting with notice to the developer that the Board expects them to either have a viable plan to incorporate a CDA at that time or the matter will no longer be considered by the Board. The motion was adopted by a vote of (4-1) with Supervisors Brown, Casteen, Clark and Wright voting in favor of the motion and Supervisor Bradshaw voting against the motion. Interim County Attorney Burton presented a Deed of Bargain and Sale for the Robinson property in the Windsor District for the Board?s consideration. Supervisor Wright moved that the Board approve the Deed of Bargain and Sale for the Robinson property and authorize the Chairman to sign it 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 Deed of Bargain and Sale and Real Estate Purchase contract for the Johnson property in Zuni. Supervisor Bradshaw moved that the Board approve the Deed of Bargain and Sale and Real Estate Purchase contract for the Johnson property in Zuni and authorize the Chairman to sign it 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 sales contract between the County and HRFT, Inc. for the property located on Route 460 across from the Shirley T. Holland Commerce Park for the Board?s consideration. Supervisor Wright moved that the Board approve the sales contract between the County and HRFT, Inc. and that the Chairman be authorized to sign it behalf of the Board upon review of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that staff not proceed with the demolition of the Zuni bank building until further review by the Zuni Citizens Committee, staff and himself. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 29 Chairman Clark advised that Hannah Wise Holland was responsible for the design and painting of the mural on the wall in the Board Room. He advised that a Resolution of Appreciation will be presented to Mrs. Holland at a later date. // Chairman Clark called for New Business. Chairman Clark announced that Allen Bradby, Sr. had recently passed away and, in the essence of time, he had directed Mr. Robertson to develop an appropriate resolution which was read at Mr. Bradby?s funeral. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION IN RECOGNITION OF THE PASSING OF ALLEN BRADBY, SR. WHEREAS, Allen Bradby, Sr. was a native of the Hardy District of Isle of Wight County; and, WHEREAS, Mr. Bradby faithfully served his country, his community and his church in an effort to improve the quality of life for all citizens of Isle of Wight County; and, WHEREAS, Mr. Bradby was an active member and supporter of the Rushmere Volunteer Fire Department from the time of its inception until his health would no longer allow his active participation; and, WHEREAS, the citizens of Isle of Wight County were deeply saddened by the news of Mr. Bradby?s untimely passing. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express it deepest condolences to the family of Mr. Allen Bradby, Sr.. 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 Road ?A: Extension at the Shirley T. Holland Commerce Park be named ?William A. Gwaltney Way?. 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. 30 Jason Grey, IT Department, advised that he has met with Ms. Phillips of the Commonwealth Attorney?s office to discuss that office?s needs for several laptops, a server and new software. He advised that normally that office receives its funding and computers from the State; however, he would recommend that an old County server be donated to that office and a work station. Supervisor Bradshaw moved that the Director of Budget and Finance be directed to work with the Commonwealth Attorney?s office on a 3/6, 2/6 or 1/6 split with the Towns of Smithfield and Windsor. 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 comments made by Joseph King under Citizens? Comments earlier in the meeting, Chairman Clark advised the Board that at their seats is information and pictures pertaining to Mr. King?s business on Carrollton Boulevard. He advised that he has previously visited the site and suggested to Mr. King that he bear some of the responsibility for clean-up of the site, which is located next door to a well-maintained County residence. Regarding proposed biosolids regulations, Chairman Clark moved that the Board direct staff to review the proposed set of biosolids regulations being put before the General Assembly and that staff advise the Board if this information needs to be included in the County?s legislative agenda, to include VACo?s consideration. 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 a Closed Meeting pursuant to Section 2.2-3711.A.3 of the Code of Virginia pertaining to discussion regarding the acquisition of real property in the Carrsville District; pursuant to Section 2.2-3711.A.7 pertaining to discussion of legal counsel regarding actual litigation regarding a proposed settlement; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice regarding residential garbage collection; pursuant to Section 2.2-3711.A.7 regarding discussion with legal counsel regarding actual litigation regarding Locust Grove; pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a personnel matter of a specific public official; pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific public official and use of public assets; and, pursuant to Section 2.2-3711.A.1 regarding a personnel matter pertaining to compensation of a specific public official. 31 Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 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 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 moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 Supervisor Bradshaw moved to approve the compensation as discussed in Closed Meeting effective July 1, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // 32 At 10:15 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Stan D. Clark, Chairman ______________________ Carey Mills Storm, Clerk 33 O en Li GJ RS ~ N ~ Ali "O L' •SS O ~••~ y N "O v1 '~ y A CF-1 fn _ ti ~ Y O ~ ~ j ° o -o on ~ ~ a~ ~ ~ ~ ° .~. ° .c w ~ ~ °° o 'bC w v C1 ° ~ ;~ as ,~ y ~ ~ ~ ~ o o U ~ ..O W ~ .~ • w vim,, O O s. ~ C N ~,' c~ ~.°~ ~ s. ~ W a~ ~ AW a~ ~ . 3 ~, ~ c o o . s .~ 'g O ° ~' p ni °'n.,.~ C4 v a~i is ~ O p U O N~ p m '~ ~ o ~,~ ~ o p rn ~ ~ M `'on 'on ~ wo s~. y ~ v . ~ o ~ ~^ ~ ~ 0] a, -a ~ 'G s0. N .~ ~l 'o N ~ ~ ~ ~ C N ~' ~ ~ ~ w o ~ ~ o 0 3 C4~''~ ~ ~o ~ H W ,~'~ O~o ~3~.o`~n ,x c~a own ~ y, °' `~ 'o,o ° WW '°' 3 ~ ~ > ~ '^ > ~ ~ ~ ~ a~ o ~ U ~ pa U '~ ~ `°' :~ p r~,p4~ ~ -" ~ `° o W° ~ C7 C7 pa ~p a~ ~ ~ o U .~ U a~ p n (mil O '+~ W ~ ~ E'er a~ a~ 3 ~ ~ ~ v' y ~" ,~_, ~ N am- O (yi w Chi ~ `>' ~ ~ v -= w ~ Z ~ ~ .c ~~ ~ v W rr] ~ W W ~ oven d ~ c ~ >,