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09-04-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF SEPTEMBER 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 Jessica Lonsdale, Miss Teen, Isle of Wight County, called the meeting to order at 4:00 p.m. // Kristen Holtz, Miss Isle of Wight County, delivered the invocation. // Morgan Myers, Jr. Miss, Isle of Wight County, conducted the Pledge of Allegiance. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under County Attorney?s report, add transfer of real property from Isle of Wight County to the Industrial Development Authority of Isle of Wight County for land to be used as part of the Intermodal Park; Under County Attorney?s report, add a contract extension with Evergreen Capital Advisors, Inc., to provide financial services for the PACE Program; under the County Administrator?s report, add consideration of a Resolution to Formally Endorse Phillip A. Bradshaw for President-Elect of the Virginia Association of Counties; and, under the County Administrator?s report, Item (A), add an update on Tropical Storm Hanna. 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. // 1 Chairman Clark called for Special Presentations/Appearances. The following 2008 Isle of Wight County Fair Queens were formally WeeLittle introduced: , Ms. Kala Desiree Rawles; , Ms. Alexya Gabrielle JuniorPre-Teen Massey; , Ms. Morgan Leigh Myers; , Ms. Hannah Brooke TeenMiss Schaffer; , Ms. Jessica Marie Lonsdale; and, , Ms. Kristen Elizabeth Holtz. Ron Reese, Isle of Wight County Public Schools, addressed the concept of a school signage system at school facilities in the County which would not only aid public safety personnel responding to an incident, but also be of great value for parents and students in identifying which door a parent should meet a student after school hours or at special events. Supervisor Wright moved that the concept be approved and that the request for funding in the amount of $18,500 for school signage be sent to the Director of Budget and Finance for recommendation back to the Board on where the funds are to be appropriated from. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown requested that distinct signage be installed at the Smithfield Middle and High Schools offices because of their close proximity to each other. He further requested that improvements be made to the Central Office sign so that it is more visible. Russell Savedge, Emergency Preparedness Specialist, Dominion Generation, provided a PowerPoint presentation to the Board relative to hostile action based drills at Surry Nuclear Power Plant. // Chairman Clark called for Regional Reports. Supervisor Bradshaw reported on the VACo Committee meetings recently held in Charlottesville. He advised that Supervisor Wright, Chairman of the Environmental and Agricultural Committee, had advised the County?s legislative position to the VACo Board of Directors. He continued that he will be Chairing a Committee which was appointed to develop a Strategic Plan for VACo with respect to lobbying efforts at the General Assembly level. Supervisor Bradshaw advised that Westmoreland County had recently addressed its assessment concerns with the Department of Taxation and he recommended that the deficiencies noted in a letter dated April 17, 2008 addressed to Mr. Lynn C. Brownley, Member, Board of Supervisors, County 2 of Westmoreland, from Mr. Thomas E. Morelli, Sr. Property Appraisal Consultant, Property Tax Unit, be included in the County?s next RFP for reassessment services. Supervisor Bradshaw advised that VACo is forming a coalition with respect to annexation and its impact and informed the Board that he has included in the State-wide study a review of the Isle of Wight/City of Franklin agreement. Supervisor Bradshaw advised that the Isle of Wight Citizens Association will be hosting a meeting on Monday, September 8, 2008 at The Smithfield Center and that James Campbell, Executive Director of VACo, is the guest speaker. Supervisor Bradshaw advised that the Isle of Wight/Smithfield/Windsor Chamber of Commerce Board of Directors had received an update on the construction occurring on Church Street. Supervisor Bradshaw advised that he and Supervisor Wright had met with staff who are in the process of developing Strategic Plans and recommendations on how to proceed in the area of trash. He further advised that Supervisor Wright, Mr. Anderson, Mr. Wrightson and he will again be visiting Pasquotank County in North Carolina next week in anticipation of obtaining ideas by which the County?s trash issues can be addressed. Supervisor Brown commented that Peter Blake also conducted a presentation on workforce training and has agreed to conduct a session on this topic with County representatives. With respect to the issue of workforce housing, he advised that Patricia Carroll, a State legislative liaison with the Housing Department, has been tasked with developing a definition for affordable housing versus low-cost housing. Supervisor Bradshaw advised that Supervisor Wright, County Administrator Caskey, staff and representatives from Paul D. Camp Community College will be conducting a meeting with Mr. Blake on Thursday, September 11, 2008 to discuss the issue of workforce training and County-related issues. Supervisor Bradshaw stated with respect to issues related to the inter- modal park and workforce housing, he would like for the Urban Land Institute (ULI) to explore the County?s options and make recommendations relative to the development of an inland port (intermodal park) in conjunction with the City of Suffolk. Supervisor Bradshaw moved that County Administrator Caskey, Interim County Attorney Burton, the Director of Budget and Finance and the Commissioner of the Revenue be directed to review the following suggestions contained in a letter dated April 17, 2008 addressed to Mr. Lynn 3 C. Brownley from Mr. Thomas E. Morelli and make recommendations to the Board before it enters into its next assessment agreement: He advised that the market sales study is not detailed enough before the appraisal work begins; that there needs to be contractor?s reports during the reassessment, orally, or in writing, to the Board of Supervisors or County Administrator; that there is insufficient auditing of percentage of change to individual properties; that if a property increased more than a certain amount ? why, or if the percentage decreased ? why; that there should be a presentation to the Board of Supervisors of Market Sales Study before appraisal work begins; that there is not sufficient information being invited from local realtors or builders; that there needs to be careful identification and market sales analysis of different geographical regions of the County; that there is a lack of an independent third party monitor (this could be dangerous and not workable); and, that the above suggestions are not adequately defined in the contract. 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 County Administrator Caskey be directed to contact the Urban Land Institute (ULI) and request that it explore the County as they move forward with the intermodal park in conjunction with the City of Suffolk. 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 reported that the Southeastern Public Service Authority received an update on the sale of the waste-to-energy plant. He advised that four (4) responses have been received to the RFP and that the Authority has hired a consultant to evaluate the proposals and brief the Board. He advised that the Authority?s attorney has cautioned the Board members not to speak with any of the proposers. He advised that structural cracks have occurred in the power plant foundation, which affects the generator and it is suspected that the cracks occurred as a result of construction work being done by the Navy and a meeting has been scheduled to discuss this with Navy representatives. He advised that an assessment of the damage revealed that it would cost $100,000 to correct and this will be relayed to Navy officials to see what they are willing to do about it. He advised that the Authority adopted a motion to increase SPSA?s Line of Credit from $3.5 million to $4 million with Wachovia Bank. // Chairman Clark called for Transportation Matters. Supervisor Casteen noted that Supervisor Wright?s items were listed twice on the report and that Carrsville was not listed at all. He requested that the completed item in Smithfield be removed. 4 Supervisor Bradshaw inquired about the status of Route 460 in Zuni. Kristin M. Mazur, County Engineer, advised that the design date is complete according to the schedule that she was provided by VDOT. Supervisor Bradshaw requested Ms. Mazur to check with the VDOT Residency Administrator relative to the ditches being cleaned north of Route 460 to the Blackwater River and whether or not the existing culvert is to be replaced or an additional culvert is to be installed. Supervisor Brown noted that the Owens Estate project is still listed in the Six-Year Improvement Plan. Ms. Mazur offered to check with the VDOT Residency Administrator. Supervisor Bradshaw offered to compare his list of unpaved roads dated 1995 with Ms. Mazur?s current list to ensure that it is all inclusive. Chairman Clark inquired about the status of Yellow Rock Road. Ms. Mazur advised that the Resolution and Letter of Request approved by the Board has been forwarded to VDOT. She further advised that the quote for survey work has been received and that staff would be moving forward with surveying. Ron Dashiell, owner of the South of James, advised that the drainage which comes up behind his business now is a result of the Eagle Harbor development and it needs to be addressed. He stated that the south-bound lane of Route 17 floods during nor?easters and he suggested that VDOT take appropriate action to use the north-bound lane of Route 17 during such events. He advised that he intends to discuss the design, plan and necessary permits involving with using culverts on top of the ground with grates with the VDOT Residency Administrator. He suggested that Eagle Harbor, before being allowed to build any additional apartments, be requested to proffer the funds necessary to accomplish this project. // Chairman Clark called for Citizens Comments. Sadie Boyer, Newport District, addressed the proposed Bridge Point Commons project and offered the following comments/recommendations: Set the income eligibility range for the rental workforce housing units at 50 to 80% AMI; limit the workforce housing component for the total project to 17% which would be 60 units; do not accept proffer fee reduction for age- restricted units; public facilities report noted Bridge Point Commons development could be expected to generate 108-240 school-aged children (applicant predicts 17-28); concerned about vehicles from a 350-unit 5 development, plus retail shopping center crossing medium of a four-lane highway with traffic traveling 55 mph and no traffic light; 80% vinyl siding; needs a sunset clause; and, internal road way system to VDOT standards not adequate. Sharon Hart, Newport District, addressed comments expressed by Mr. Doerr of IHI relative to workforce rental units which targets households earning 60% of AMI, which is a modest reduction from market rate and not what most people would consider to be low income. She commented that the residents of Ashby Subdivision have not opposed rents based on 60% of AMI, only opposition to Section 8 housing. She noted that Mr. Doerr stated that the rents from the project are an average of $700 above market rate. She stated that the reduced household income of 75%-105% is not acceptable. She requested the Board to accept full proffers to offset the cost of County services and that water and sewage hook-up fees not be exempted. She stated this is market-rate housing and citizens are in opposition to paying for the cost of central services for this project. She noted that the County?s proffer study is outdated; that the projected cost of County services and utilities are low; that the proffer study did not include all essential services; and, that proffers to offset those costs are an average for all households. She stated that the proffer of $1,470 per unit for age- restricted housing is extremely low and the older generation has always paid for the education of the next generation. She noted that there is no study on age-restricted housing and that Chairman Clark has stated that a tax rate increase is likely as new facilities for the County will likely be needed. She stated that the number of students projected to come from this project is low. She assured the Board that there are other developers ready and willing to provide the rental units needed by the County and that they will be affordable to lower pay-grade teachers, deputies and blue-collar workers. She recommended that the developer be requested to proffer a traffic light in the future when the increased traffic begins on Route 17, or the developer should pay for connecting through the Ashby Subdivision. She stated that there is a discrepancy between the developer?s consultant?s report on where the stream begins and ends and she recommended that the developer be requested to proffer that it will honor the RPA, when verified. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton advised that pursuant to Virginia Code §15.2-2507, a public hearing is required when a governing body?s budget is increased by a percentage of 1% or more of a total expenditure shown in the currently adopted budget. He noted that the Board had previously adopted a resolution to purchase the Johnson property in Zuni and the HRFT, Inc. property in Windsor and appropriated $2,425,000 for said purchases which requires that a public hearing be held seven (7) days prior to the meeting date. 6 Chairman Clark moved that both purchases of property by the County be combined together in one (1) ad and that Interim County Attorney Burton be authorized to set the matter for public hearing at the Board?s October 2, 2008 meeting 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. The Director of Budget and Finance was directed to combine the two (2) property amounts into a single appropriation resolution. Interim County Attorney Burton presented a revised ordinance to Appendix B, Zoning Sections 3-6000, 4-005 and 9-1005 for the Board?s consideration which he recommends the Board adopt. He noted that the changes made to the ordinance were not substantive. Supervisor Bradshaw moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING §3-6000, §4-4005 AND §9-1005 OF APPENDIX B PERTAINING TO ZONING WHEREAS, on July 7, 2005 the Isle of Wight County Board of Supervisors, after holding a public hearing in accordance with Section 15.2- 1427 of the Code of Virginia (1950, as amended), enacted Appendix B, Zoning, Article III, ?Use Types?; and WHEREAS, the Isle of Wight County Board of Supervisors seeks to allow flexibility in the administration of the ordinance regulation while protecting the health, safety, and general welfare of present and future residents and businesses of the County; NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that ?Appendix B, Zoning Section 3-6000, ?Commercial Use Types? of the Isle of Wight County Code be amended and reenacted to read as follows: Sec. 3-6000. Commercial use types. Adult entertainment establishment. An establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult 7 bookstore, adult mini-motion picture theater, adult picture theater, cabaret, massage parlor, drug paraphernalia store, or tattoo parlor. Agricultural service. An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Antique shop. A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least thirty (30) years old. Auction establishment. A structure or enclosure where goods and/or livestock are sold by auction. Bed and breakfast. A dwelling or portion thereof, in which lodging is provided by the owner or operator who resides on the premises. This use offers short-term lodging rooms and meals for transient guests, none of whom remain for more than fourteen (14) consecutive nights each. This definition shall include the term tourist home. Boarding house. A single-family dwelling unit, or part thereof, with no three (3) or more rooms that are rented individually or collectively by long- term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals. Boat repair yard. See Marina. Business support service. Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services. Business or trade school. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation. Campground. Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open-air or natural character. 8 Car wash. Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. Commercial indoor amusement. Establishments which provide games of chance, skill or scoring as other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin-operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls, video arcades, and bingo parlors. Commercial indoor entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, drama theaters, concert or music halls. Commercial indoor sports and recreation. Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses. Commercial outdoor entertainment/sports and recreation. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities/complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional and semi- professional athletic fields shall also be included in this use. Commercial outdoor swimming pool and tennis facility. Outdoor pools or tennis facilities operated by a commercial entity that are open to the general public usually requiring membership or some form of payment. Construction office, temporary. A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or non-residential development. Construction sales and services. Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. Convenience store. Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware. 9 Crematorium. A location used for cremation containing properly installed, certified apparatus for this process. Dance hall. Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment. Equipment sales and rentals. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Flea market. Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short- term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi-closed or outdoor stalls, stands, or spaces. Funeral home. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately. Garden center. Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Gasoline station. A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use. Golf course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses. Golf driving range. A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Hospital. A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the in-patient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, out-patient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations. 10 Hotel/Motel/Motor lodge/inn. A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities. Kennel, commercial. The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Laundry. Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Manufactured home sales. Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Marina. A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina. Medical clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing out-patient care. This would include medical offices in excess of ten thousand (10,000) square feet of floor area. Mini warehouse. A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Motor vehicle dealership, new. The use of a building, land area or other premise for the display of new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle dealership, used. Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle/outdoor storage. The outdoor storage of motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, motor homes or RV's. 11 Motor vehicle parts/supply, retail. Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. Motor vehicle, rental. Rental of motor vehicle and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. Motor vehicle repair service, major. Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted. Motor vehicle repair service, minor. Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted. Pawn shop. A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Personal improvement service. Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction facilities. Personal service. Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households. Real estate office, temporary. A class A or B manufactured home, single-family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development. Recreational vehicle sales and services. Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. 12 Restaurant, drive-in fast food. An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive-up or drive-through service facility or offers curb service. Restaurant, general. An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in non-disposable containers. Retail sales. Sale or rental with incidental service of commonly used goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops. Studio, fine arts. A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers. Taxidermy. A building where animal skins are prepared, stuffed and mounted for sale. Truck stop. An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses. Truck terminal. See Warehousing and distribution, listed under section 3-7000, Industrial use types. Veterinary hospital/clinic. Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. (7-7-05.) BE IT FURTHER ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that ?Appendix B, Zoning Section 4-4005, Article IV. Zoning Districts and Boundaries, Part 4. Village Center (VC) District, ?Bulk Regulations?, of the Isle of Wight County Code be amended and reenacted to read as follows: Sec. 4-4005. Bulk regulations. (a) Maximum building height. (1) All buildings: thirty-five (35) feet or three (3) stories, whichever is lesser. 13 (2) Public or semi public buildings such as schools, churches, libraries, or government buildings may be allowed up to sixty feet (60), provided that the scale, massing, and building design are shown to be compatible with the existing neighborhood and general intent of the District. (b) Maximum density. (1) Conventional single-family subdivision: two (2) dwelling units per acre. (2) Floor area ratio for non-residential: twenty-five hundredths (0.25) square feet per foot of net development area. (c) Minimum front yard setback. (1) Lots with less than one hundred fifty (150) feet of width: (A) Where rights-of-way is fifty (50) feet or greater, the minimum front yard setback is thirty-five (35) feet from property line; (B) Where rights-of-way is less than fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. (2) Lots one hundred fifty (150) feet or greater of width: (A) Where rights-of-way is fifty (50) feet or greater, the minimum front yard setback is sixty (60) feet from property line; (B) Where rights-of-way is less than fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from centerline of road. (3) In the case that there are existing lots of record in a subdivision having a width that would require a front setback to be lesser or greater than the other lots within the subdivision, the setback met by the majority of the lots shall be required. (d) Minimum side yard setback. (1) Lots with one hundred (100) feet or greater of width: One (1) side: fifteen (15) feet Both sides: thirty-five (35) feet 14 (2) Lots with less than one hundred (100) feet of width: One (1) side: ten (10) feet Both sides: twenty (20) feet (e) Minimum rear yard setback. (1) Lots with one hundred (100) feet or greater of width: thirty- five (35) feet. (2) Lots with less than one hundred (100) feet of width: twenty- five (25) feet. (7-7-05.) BE IT FURTHER ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that ?Appendix B, Zoning, Article VIII. Bufferyards, Landscaping and Open Space. Part 1. Bufferyards., Article IX. Signs. Part 1. Signs., Sec. 9-1005. ?General sign restrictions and prohibitions? of the Isle of Wight County Code be amended and reenacted to read as follows: Sec. 9-1005. General sign restrictions and prohibitions. (a) Pertaining to all signs. (1) Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. (2) Signs, which contain or consist of pennants, balloons, ribbons, streamers, banners, spinners, strings of lights, or other similar moving or stationary devices, are prohibited, unless otherwise specifically allowed by this ordinance. (3) Signs that are attached to or utilize utility poles, trees or other signs are prohibited. Signs attached to fences or walls are prohibited unless otherwise specifically allowed by this ordinance. (4) Signs advertising activities, which are illegal under federal, state, or local laws or regulations are prohibited. (5) Except for movie theater and fuel price signs, changeable sign copy shall not be incorporated into a sign face, unless the changeable component of the sign face occupies less than half the total area of the sign face. If changeable copy is used, it shall be located adjacent to or integrated into the sign face, and lettering shall be of a single style and of uniform color and size. 15 (6) Home occupation signs shall not be illuminated. (7) Signs and advertising structures shall not obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air or ingress and egress for any building or structure. (8) The placement of signs on roofs is prohibited. (9) The parking of a vehicle to which a sign is attached for display purposes or the use of such a vehicle for a portable sign shall be prohibited. (b) Facade signs. (1) No facade sign shall be higher than the roof line or parapet wall of any building for which the sign is attached. A sign may be attached to the fascia of a structure, but may not be located so as to extend above the upper edge of the fascia. (c) Freestanding signs. (1) Signs located within any public right-of-way shall be prohibited unless specifically approved by the regulatory authority. (2) No sign or supporting structure may be located in or over any public right-of-way except for public informational and warning signs. (3) No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies. (4) No sign may be located so that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads. (5) No sign shall be located within the sight triangle as determined by this ordinance or obstruct a clear view to and from traffic along any street right-of-way entrance or exit. (6) Off-premises directional signs shall be prohibited. (7) Portable and off-premises signs shall be prohibited unless otherwise specifically allowed by this ordinance. (7-7-05.) 16 For state law as to authority of the County to regulate boating operations within its territorial waterways, see Code of Va., § 29.1-700 et seq. 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, responsive to the Board?s direction at a previous meeting, presented a survey of the Camp Washington property with respect to the proposed easement requested by William and Brenda Harrell. Bill Harrell, property owner behind the Camp Washington property, requested that the Board approve a right-of-way across the Camp Washington property to his property in the back to prevent it from being landlocked. Supervisor Bradshaw moved that the matter be sent to County Administrator Caskey for staff review and recommendation to the Board at its September 18, 2008 meeting in conjunction with the Interim 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. Interim County Attorney Burton requested the Board?s approval to transfer certain real property from Isle of Wight County to the Industrial Development Authority of Isle of Wight County to be used as part of the Intermodal Park. Supervisor Bradshaw moved that the Board authorize the Chairman to sign the agreement on behalf of the Board authorizing the transfer of real property from the County to the Industrial Development Authority for land (500+ acres) to be used as the inter-modal park. 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 rescinded his motion. Supervisor Bradshaw moved that the above matter be advertised for public hearing at the Board?s October 2, 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. 17 Interim County Attorney Burton presented a contract extension with Evergreen Capital Advisors, Inc. to provide financial services for the PACE Program for the Board?s consideration. Supervisor Bradshaw moved that the contract extension with Evergreen Capital Advisors, Inc. be approved and the Chairman be authorized to sign the letter dated September 3, 2008 under his signature and addressed to Mr. Daniel O?Connel. 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 one (1) item to discuss with the Board later during the Closed Meeting. // Chairman Clark called for the Community Development report. Judy H. Winslow, Director of Tourism, updated the Board on marketing initiatives associated with the 2008 Isle of Wight County Fair. Mark W. Furlo, Park Administrator, recognized the volunteers involved with the Fair. Gina R. Ippolito, Recreation Administrator, recognized County businesses and organizations that have contributed to the Fair. Lori Jessee, Events and Fair Coordinator, introduced the schedule of events for the Fair. Chairman Clark mentioned that the Board had attended a ribbon- cutting ceremony for the opening of the fairgrounds prior to this meeting and he commended staff and the Fair Committee volunteers for their contributions. // Responsive to a request by Supervisor Bradshaw, Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act regarding a matter of consultation with legal counsel concerning potential litigation. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reason 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. 18 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 following Resolution be adopted: 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 There was no action taken following the Closed Meeting. // Chairman Clark called for the General Services report. Mr. Mazur provided a progress update on the Joel C. Bradshaw, Jr. Fairgrounds construction project. She advised that the electricity has been installed and that there is a need for safety fencing around the electrical substations. Supervisor Bradshaw requested County Administrator Caskey and the Director of Budget and Finance to discuss funding for concrete and chain- 19 length fencing to be installed around the breaker boxes (the Board will approve an appropriation at its next meeting on September 18, 2008 and County Administrator Caskey has the authority to move forward with this project based on associated safety issues.) Ms. Mazur presented a Memorandum of Understanding between the City of Suffolk and Isle of Wight County in association with a $500,000 Multimodal Grant from the Federal Highway Administration and VDOT. Supervisor Bradshaw moved that the following Resolution Approving a Memorandum of Understanding between the City of Suffolk and Isle of Wight County Concerning the Multimodal Planning Grant Project be adopted upon the review of the County Attorney: THIS MEMORANDUM OF UNDERSTANDING, made as of the fourth day of September 2008, by and between the CITY OF SUFFOLK, VIRGINIA, a Virginia municipal corporation (?Suffolk?), and ISLE OF WIGHT COUNTY, a Virginia municipal corporation (?Isle of Wight?), recites and provides as follows: RECITALS: 1. The City of Suffolk and Isle of Wight County entered into a joint grant application to request a Multimodal Planning Grant for the modeling project ?Land Use & Transportation Data ? Predicting and Prioritizing Changing Needs? 2. Notice was received on February 29, 2008 that the grant was awarded to the City of Suffolk and Isle of Wight County. The award was in the amount of $450,000 of Federal Surface Transportation Program Funds and each applicant will provide $25,000 of matching funds for a total project expenditure of $500,000. 3. Both the City of Suffolk and Isle of Wight County understand and anticipate that the $25,000 of matching funds may be provided by in- kind services. During the project, both jurisdictions will provide appropriate documentation to verify the value of in-kind services for approval by VDOT. 4. By request of the Commonwealth of Virginia, Multimodal Planning Office and as provided in the agreement entitled ?An Agreement for the Utilization of Federal Surface Transportation Program Funds in Isle of Wight County and the City of Suffolk? only one signatory may execute the agreement on behalf of the locality. Isle of Wight County and the City of Suffolk have mutually agreed that the City of Suffolk will act as signatory on the agreement. 4 Isle of Wight County and the City of Suffolk have mutually agreed that the project will be administered by the City of Suffolk with 20 oversight by Isle of Wight County. Selection of the project design team and negotiation of project scope and fee will require approval by both jurisdictions. Monthly invoicing will be reviewed and approved by the City of Suffolk with a monthly update provided to Isle of Wight County. Any changes to the scope or fee of the original contract will require approval by both jurisdictions. 5. Both localities must provide appropriate staff for participation in all required project meetings and to assist the selected consultant as necessary to ensure the successful completion of the project in a timely manner. Both localities must provide in a timely and efficient manner all relevant data, technical assistance, review of project submittals and any other information required to ensure the successful completion of the project. EXPRESSION OF INTENT: NOW, THEREFORE, the parties wish to enter into this Memorandum of Understanding in order to express their mutual intent concerning the foregoing matters and to serve as a basis for the negotiation, execution and completion of the project entitled ?Integrating Land Use &Transportation Data Predicting & Prioritizing Changing Needs Isle of Wight County and the City of Suffolk? and to ensure that the Federal Surface Transportation Funds awarded for the project are utilized in the most cost effective and efficient manner: 1. The City of Suffolk agrees to administer the project as mutually established by both localities. The City of Suffolk shall execute the agreement between the Multimodal Planning Office and the locality as mutually established by both localities. The City of Suffolk shall provide such assurances and comply with such terms and conditions as provided in the agreement between the Multimodal Office and the Locality to ensure the efficient and effective administration of the project. 2. Both localities agree to provide matching funds in the amount of $25,000 per locality. Both localities recognize that matching funds may be provided through in-kind services and agree to provide all documentation as required by the Commonwealth of Virginia, Multimodal Planning Office to verify the worth of such services. 3. Both localities agree to participate in the selection of a competent, qualified engineering design team in accordance with the Commonwealth of Virginia procurement process. Once selected, both localities agree to participate in negotiations of the scope and fee for execution and completion of the project. Both localities agree to be signatories to the design contract between locality and design team. Both localities shall provide such assurances and comply with such terms and 21 conditions as presented in the contract with the selected engineering design team to complete the project in an efficient and expeditious manner. 4. Both localities agree to provide appropriate staff as well as all relevant data, technical assistance, reviews and any other information required to ensure the successful and timely completion of the project. 5. This letter of intent shall be governed by and construed in accordance with the applicable laws of the Commonwealth of Virginia, without regard to the conflicts of laws principles thereof. 6. Once fully-executed, this Memorandum of Understanding will evidence our mutual understanding with respect to the matters set forth herein. 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. Joseph R. Chase, Emergency Management Coordinator, updated the Board on Tropical Storm Hanna. He advised that Hanna is anticipated to pass through Hampton Roads on Saturday, September 6, 2008 during the daytime hours and bring heavy rain and damaging winds. He stated 3.5 to 4.5 inches of rainfall is expected in the County with peak sustained winds between 40-50 mph between 9:30 a.m. and 11:30 a.m. He advised that lingering rains will clear by mid Sunday morning as a cool front moves through. He advised that staff intends to meet on Friday morning, including the Towns of Smithfield and Windsor, and a conference call will be conducted with the Virginia Department of Emergency Management. He advised that the Emergency Operations Center will be open Friday evening with limited staff and a decision regarding full operation will be made on Saturday morning. He advised that staff will continue to monitor the system throughout the night and Friday and that staff will continue sending out alerts to the Isle of Wight Alert System as needed. He advised that an Emergency Declaration Resolution has been prepared, if needed, and the Governor has declared a State of Emergency. County Administrator Caskey, pursuant to the Board?s direction at a previous meeting, presented a Resolution of Appreciation to Mrs. Hannah Holland and the Holland family in recognition of mural on the wall in the Board Room which was painted by Mrs. Holland. Supervisor Wright moved that the following Resolution be adopted: 22 RESOLUTION OF APPRECIATION TO MRS. HANNAH HOLLAND AND THE HOLLAND FAMILY WHEREAS, the Board of Supervisors desired to have a mural painted in the Robert C. Claud, Sr. Board Room; and, WHE REAS, Mrs. Hannah Wise Griffin Holland designed and submitted a mural design that depicted the history and character of Isle of Wight County and volunteered to paint the mural on the Robert C. Claud, Sr. Board Room Wall; and, WHEREAS, Mrs. Holland?s family, Wilson Eley Holland, Rebecca Holland, Regina Holland and Daniel Hobson, assisted her in painting the mural; NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Mrs. Hannah Holland and her family members be recognized and commended for her outstanding design and their artistic skills in rendering the mural, and are presented this Resolution as a token of the Board?s gratitude and esteem; and, BE IT FURTHER RESOLVED, that a copy of this Resolution be th spread upon the minutes of this Board this 4 day of September 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 advised that a formal version of the above Resolution will be presented to the Holland family at a later date. Emily G. Haywood, Director of Human Resources, presented changes to the Public Safety Pay Plan relative to Dispatcher, Emergency Services and Animal Control staff. She advised that the Sheriff has requested that the additional $500 stipend be tabled at this time and she distributed a revised Resolution reflecting that change. Chairman Clark moved that the following revised Resolution be adopted, effective September 1, 2008: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR PUBLIC SAFETY PAY ADJUSTMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized pay adjustments for public safety positions; and, WHEREAS, funds in the amount of eighty four thousand five hundred sixty six dollars ($84,566) needs to be appropriated to the appropriate line 23 items in the FY 2008-09 General Operating Budget of the County of Isle of Wight, Virginia. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighty four thousand five hundred sixty six dollars ($84,566) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008-09 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Haywood presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Safety Equipment Needs for the Board?s consideration. Chairman Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR SAFETY EQUIPMENT NEEDS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the purchase of safety equipment; and, WHEREAS, funds in the amount of fifty four thousand six hundred dollars ($54,600) needs to be appropriated to the appropriate line items in the FY 2008-09 General Operating Budget of the County of Isle of Wight, Virginia. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifty four thousand six hundred dollars ($54,600) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008-09 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 24 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. Haywood presented a Resolution to Amend the County Policy Manual Chapter 1, Article XI, Section 11.4 for the Board?s consideration. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO AMEND THE COUNTY POLICY MANUAL CHAPTER 1, ARTICLE XI, SECTION 11.4 WHEREAS, the Isle of Wight County Policy Manual addresses procedures concerning various provisions of the Use of Alcohol and Controlled Substances Policy, WHEREAS, the following amendments to the Use of Alcohol and Controlled Substances Policy will provide updates to the policy manual, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County Policy Manual, Chapter 1, Article XI, Section 11.4 be amended as follows: Use of Alcohol and Controlled Substances The abuse of drugs or alcohol in the County workplace jeopardizes the productivity of employees, poses a safety and health threat to employees and the public, and erodes public trust and confidence in County government. The Federal Drug Free Workplace Act requires the County to provide all employees with an alcohol and drug free work environment. All employees are responsible for helping to ensure that the County?s work environment is alcohol and drug free. No employee shall do any of the following while on County premises or while conducting County business: 1.Use, sell, dispense, possess, or manufacture alcohol or illegal drugs; 2.Be under the influence of alcohol or illegal drugs, or; 3.Have alcohol or illegal drugs present in their bodies. In addition, no employee shall commit an alcohol or drug related crime, whether the crime was committed while on County premises or while conducting County business. All County employees are hereby notified that the County is committed to providing its employees with a drug and alcohol free workplace. As a condition of employment, all employees are deemed to have consented to the drug and alcohol testing that is required under this policy. Any violation of this policy will result in disciplinary action up to 25 and including termination. For purposes of this policy the term ?illegal drugs? shall also include all controlled substances, except when such a substance is used or possessed pursuant to a valid medical prescription. Policy Exception Employees may be placed in social settings outside of normal working hours, when they are conducting County business or representing the County in a situation where alcoholic beverages are served. Discrete use of a moderate amount of alcohol under the circumstances described in this section is not a violation of this policy; provided, that employees minimize their consumption of alcoholic beverages to the greatest extent possible and do not, at any time, operate a County motor vehicle after having consumed alcohol. Drug and Alcohol Testing Drug and/or alcohol tests may be required in the following cases: a.Where an applicant for a County position has been given a conditional offer of employment, subject to the passage of a drug test; b.As required by the Omnibus Transportation Employee Testing Act of 1991 and implementing regulations of the Federal Highway Administration (49 CFR, Parts 40 and 382, et. al). All employees and applicants who hold or are offered a position that requires a Commercial Driver?s License (CDL) as a condition of employment and continued employment will be tested for drugs and alcohol; c.Where there is a reasonable suspicion that an employee is under the influence of alcohol or a controlled substance while at work or on duty, the employee may be required to participate in an appropriate test to determine whether alcohol or other controlled substances are present in the employee. Such tests may include, but shall not be limited to, having the employee take a breathalyzer test or submit a urine sample for analysis. Such tests shall be administered only after prior notice and approval by the County Administrator or his/her designee. Failure or refusal of an employee to participate in such a test shall be cause for dismissal. By way of example, and without limitation, any of the following conditions or circumstances, alone or in combination, may create a reasonable suspicion: 1.Unexplained inability to perform normal job functions; 2.Slurred speech; 3.The smell of alcohol or drugs in the breath or on the body; 4.Any unusual lack of physical coordination or loss of equilibrium; 26 5.Unexplained hyperactivity, depression, or withdrawal; 6.Unexplained inability to think or reason at normal levels; 7.Unusual or bizarre behavior; 8.Information that an employee is using alcohol or illegal drugs in violation of County policy, when obtained from a reliable person with personal knowledge of the facts that support the allegation; 9.Involvement in an accident that caused, or had the potential to cause, personal injury or property damage; 10.Involvement in an accident while operating a County vehicle; 11.Unexplained change in affect or mood; 12.Unexplained shortness of temper; 13.Violent or unexplained response to daily problems. In all cases, a refusal to submit immediately to a drug or alcohol test when requested, including a failure to appear for testing without prior notice acceptable to the County or a verified positive test finding of alcohol or illegal drugs use submit the employee to the full range of disciplinary action up to and including dismissal; or in the case of an applicant, the withdrawal of a conditional offer of employment. Testing Procedures Employees in a safety sensitive position shall submit to unannounced random alcohol and drug testing. Safety sensitive positions include, but are not limited to, firefighter/medics, dispatchers, employees who operate heavy equipment, machinery or vehicles, Department Directors, Assistant County Administrators, County Administrator, employees that serve an essential role in emergency operations, and others designated by the County Administrator. Employees shall be tested for drugs and alcohol immediately after a motor vehicle accident which occurred while they were operating a County vehicle if: ? A person was killed in the accident and the employee was engaged in a safety sensitive job activity; ? The employee received a moving vehicle traffic citation for the accident and the vehicle was towed from the scene because of property damage sustained in the accident; ? The employee received a moving vehicle traffic citation for the accident and a person was transported from the accident scene to receive medical treatment; ? In the opinion of the employee?s supervisor or the County Administrator, there is a reasonable suspicion that the employee was using, was under the influence of or has present in his or her body, illegal drugs or alcohol based on objective facts as listed in this policy. 27 Before returning to employment after receiving a positive alcohol or controlled substance test, employees must receive a written release from their substance abuse professional documenting that they are able to return to full duty and complete a negative drug and alcohol test. All employees who have previously tested positive for drugs or alcohol and have completed a negative return-to-duty test must submit to unannounced periodic testing for drugs and alcohol. The dates and times of such periodic testing will be determined by the County. As a condition of employment, all employees are deemed to have consented to the drug and alcohol testing that is required under this policy. Employees who refuse to be tested, or who do not cooperate with a test shall be disciplined as if they failed the test and are subject to additional disciplinary action for insubordination. Any employee who conclusively establishes by competent medical evidence that a positive drug test result was caused by the presence of a prescription drug which the employee was taking in accordance with a valid prescription, or as the result of the use of a non-prescription drug which the employee was taking for a bona fide medical purpose, shall not be deemed to have violated this policy because of failing a test for that drug. The result of any drug or alcohol test that is performed pursuant to this policy shall be confidential and shall be made known to only those County employees who are directly involved in any disciplinary decision. The result of any drug or alcohol test that is performed pursuant to this policy shall not be used in any criminal proceeding against the employee; however, in appropriate circumstances, any other information obtained by the County regarding an employee?s violation of this policy may be used in a criminal proceeding against the employee. Testing Standards All drug tests will take place at a facility certified for drug testing to ensure accurate testing and minimum intrusion into the privacy of employees. All alcohol tests shall be administered in accordance with normal standards for alcohol breath analysis. Employees who are tested for controlled substances will receive the type of drug screen deemed necessary by the testing facility after consultation with the Director of Human Resources. If the drug screen is positive, a confirmation test will be conducted on the same sample. If the confirming test confirms the results, the employee shall be deemed to have tested positive for drugs and to have drugs in his or her body, subject to the split specimen test described in this policy. 28 Employees who are tested for alcohol will receive an alcohol breath analysis test. If the breath analysis test determines that the employee?s blood alcohol content is at a level of .04 or higher, the employee shall be deemed to have tested positive for alcohol and to have alcohol present in his or her body. An employee whose tests results are .02 or greater but less than .04 is not considered positive, however, the employee cannot perform safety sensitive functions within 24 hours after the test and will be required to take a breath alcohol test in which the result is .000 before returning to work. Split Specimen All drug testing shall be conducted under split-sample collection procedures. Employees may within 72 hours after they are notified of a positive test, request in writing a test of the split specimen and designate a certified laboratory to test the split specimen. If an employee does not request a split specimen test or designate a certified laboratory to test the split specimen within the 72-hour period, the employee shall have waived the opportunity for a split specimen test and the employee shall be deemed to have tested positive for drugs. The employee may not request a reanalysis of the primary sample. If the analysis of the split specimen does not reconfirm the presence of the drugs found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or unable to be tested, the employee shall be deemed not to have tested positive for drugs, irrespective of the outcome of the original test. The employee shall pay the cost of testing the split specimen. The County will reimburse the employee for the cost if the analysis of the split specimen does not reconfirm the presence of drugs, irrespective of the outcome of the original test. Employee Assistance Program The Employee Assistance Program (EAP) provides all County employees with the opportunity to seek counseling, rehabilitation, and other assistance for alcohol and drug abuse problems. Employees who have or believe that they may have alcohol or drug abuse problems may voluntarily seek assistance through the EAP. All EAP information is treated as confidential when the employee voluntarily seeks EAP assistance. Employees who are not in violation of this policy are not subject to disciplinary action as a result of voluntarily seeking EAP assistance for alcohol or drug abuse problems. However, employees who violate this policy will be disciplined in accordance with the policy whether or not they have received or are receiving voluntary assistance for alcohol or drug abuse problems through the EAP. Additionally, voluntary involvement in the EAP 29 shall not be considered a mitigating factor in determining the appropriate disciplinary action to be taken for violation of this policy. Disciplinary Action for Violation of Policy The County reserves the right to determine the appropriate level of discipline for violations of this policy but will take the following action in the situations described below: ? Any probationary employee who violates any provision of this policy shall be terminated. ? Any employee who commits or is convicted of a drug or alcohol related felony shall be terminated, whether the offense took place while the employee was on County premises or conducting County business. ? Any employee who commits or is convicted of a drug or alcohol related misdemeanor shall be terminated if the offense took place while the employee was on County premises or conducting County business, or if the offense is reasonably related to the employee?s fitness to perform the employee?s job responsibilities. For purposes of maintaining a drug and alcohol free workplace, the County reserves the right to search all County workplaces, including but not limited to, offices, desks, file cabinets, County vehicles, and tool boxes. 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. Haywood presented a request to add Safety/Training Coordinator position, which would work in the Human Resources Department and be responsible for OSHA safety compliance; training of employees; maintenance of a safety manual; and, performing on-site visits to ensure that equipment is being used appropriately. Following an inquiry from Supervisor Casteen relative to why this position was not addressed during the budget cycle, it was noted that the County has been in need of a training and safety program for some time and the matter had been discussed during the budget process, but not with the Board, and staff was requested to perform a further evaluation of the need. Chairman Clark moved that the Board approve the Safety/Training Coordinator position. 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 County Administrator Caskey presented a Resolution to Formally Endorse Phillip A. Bradshaw for President-Elect of the Virginia Association of Counties. Supervisor Wright moved that the following Resolution be adopted: RESOLUTION TO FORMALLY ENDORSE PHILLIP A. BRADSHAW FOR PRESIDENT-ELECT OF THE VIRGINIA ASSOCIATION OF COUNTIES WHEREAS, Phillip A. Bradshaw has served on the Isle of Wight County Board of Supervisors since 1994; and, WHEREAS, Supervisor Bradshaw has been actively involved as a member of the Board of Directors of the Virginia Association of Counties (VACo) since 1999; and, WHEREAS, Supervisor Bradshaw has announced his candidacy for the position of President-Elect of the Board of Directors of VACo; and, WHEREAS, Supervisor Bradshaw?s experience as an elected official, academic training, experience in the private sector, along with his tenure on the VACo Board of Directors make him uniquely qualified for the position of President-Elect. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia formally endorse the candidacy of Phillip A. Bradshaw for the position of President- Elect of the Board of Directors of 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. // Chairman Clark called for consideration of the Consent Agenda. A. Modification/Clarification of the Approved Design of the Carrollton Cove Shoppes B. Litter Pickup for the Months of July and August C. Delinquent Real Estate Tax Collection Monthly Report Supervisor Brown moved that the Consent Agenda be approved, as presented. The motion was adopted by a vote of (5-0) with Supervisors 31 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Appointments. Supervisor Bradshaw moved that Pat Clark be reappointed to serve on the Western Tidewater Community Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Old Business. A. 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 9.6 acres of Conditional-General Commercial (C- GC) and approximately 33 acres of Conditional-Urban Residential (C-UR). The property is located at the intersection of Carrollton Boulevard (Rt. 17) and Deep Bottom Drive (Rt. 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 residential units in the rear. Supervisor Brown advised that he is the owner of the above property and that he would, therefore, refrain from discussing and voting on the matter. Ms. Walkup briefed the Board that the above application was tabled by the Board at its August 21, 2008 meeting to this meeting. She advised that a few changes have been discussed with the applicant due to concerns expressed by citizens resulting in a change in Proffer #17 to address the household income range that is being targeted for the rental property. She advised that the 80% to 120% of Area Median Income (AMI) has been changed to 75% to 105% AMI and the for-sale condo units have remained at the 80% to 120% of AMI. She advised that Proffer #37 has changed to allow the County to establish adequate or appropriate requirements for the number of children per bedroom within the rental units. Supervisor Bradshaw recommended that under the requirements for bedroom space per child, delete ?County? requirements and insert ?Planning and Zoning Director? and that it be based on foster care guidelines. He 32 further recommended that a formal letter from the Director of Social Services stating the foster care requirements be kept on file so that the Planning and Zoning Director can make reference to it. Responsive to Chairman Clark, Ms. Walkup noted that she would ask the applicant if he is willing to proffer the same requirement for bedroom space per child for the upcoming Eagle Harbor project. Interim County Attorney advised that the language under Proffer #17 has been changed to reflect that ?the developer shall ??? instead of ?the intent of the developer.? Responsive to Supervisor Bradshaw relative to whether or not the applicant is willing to proffer that 20% of the building will be constructed of brick, Ms. Walkup advised that the developer will be coming back with a rendering for the Planning Commission and the Board?s approval for the structures that will be built on that property. She advised that Proffer #12 guarantees that there is no more than 80% vinyl. Chairman Clark requested staff to ask the applicant if he would be willing to proffer that 20% of the structure would be constructed of brick. He reiterated that the Board wants the proposed buildings to look at least as nice as those at Eagle Harbor. Responsive to Supervisor Bradshaw, Ms. Walkup advised that the proffer concerning the Section 8 housing is proffering that the applicant will not participate in the Section 8 program for twenty (20) years. Supervisor Bradshaw commented that administration of the Section 8 program is currently under the Director of Social Services. He added that the Board could change the administration and guidelines of the Section 8 program to require that Section 8 applications come directly to this Board. He advised that he was not comfortable with the twenty (20) year minimum. He stated that it has been the consensus of the Board in the past that Section 8 housing would not be built in the Highway Corridor Overlay District and he recommended that the Section 8 program be removed and made a separate proffer. Donald T. Robertson, Director of Information Resources and Legislative Affairs, offered to investigate and report back to the Board if it can establish certain administrative responsibilities relative to how the Section 8 housing program is administered. Supervisor Bradshaw requested staff to ask the applicant if he would be willing to proffer a traffic light at that intersection for a period of five (5) years after build out should VDOT determine in the future that a traffic light is warranted. 33 Supervisor Casteen recommended that the word ?consecutive? be removed from the language in Proffer #21, for a ninety (90) day total. Following a breakdown of rents, Supervisor Casteen commented that the proposed workforce housing rents appear to be more in line with market rates in the area. Ms. Walkup advised that the applicant has agreed to proffer a rent schedule which will be presented at site plan for approval to the Planning Commission. Chairman Clark requested that staff encourage all rezoning applicants in the future to proffer a sunset clause that their project would begin within seven (7) years. Ms. Walkup added that when the rents were being discussed, the applicant offered a proposal on the current rents they were proposing, which a one (1) bedroom would be $940; two (2) bedrooms would be $1,175; and, a three (3) bedroom would cost $1,400. Chairman Clark moved that the Board take a recess to allow Ms. Walkup an opportunity to discuss with the developer the Board?s concerns. 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 discussion or voting. Chairman Clark moved that the Board return to open session. 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 discussion or voting. Chairman Clark noted the need for the applicant?s proffers to be structured; more specific to a section for the rental units; and, categorized. Supervisor Bradshaw moved that the application be tabled until the Board?s September 18, 2008 meeting. 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 or voting on the matter. Supervisor Bradshaw withdrew his motion following advice from Interim County Attorney Burton that the Board could not discuss the motion and that it should be voted upon. Ms. Walkup was directed to work on the following and be ready to respond to the Board at its September 18, 2008 meeting: Reformat and 34 categorize the proffers; present a proposed rent schedule at the Board?s September 18, 2008 meeting; ensure that there is some amount of brick; applicant is willing to proffer 20% brick or stone; break out Section 8 as a proffer and ensure that it is not limited to the 20-year period (applies to for- sale units, as well as rental); reword proffer #20 (pre-qualify) to ensure that the County does have oversight, but does not appear to be responsible; reword proffer 21 and remove the word ?consecutive? from 90 days and have the restriction that children under the age of 18 can not reside in the units 90 days within any 12-month period; reword proffer 37 and add approval to meet the requirements of the Planning and Zoning Director, as opposed to meet the current County requirements in terms of the maximum number of children per bedroom; discuss any proffer that the applicant is willing to offer relative to a traffic signal and include that that proffer would be in effect five (5) years after build out and that warrants would be taken to determine if a traffic signal was needed; and, recommend that the developer consider a sunset clause of seven (7) years to begin construction. Supervisor Bradshaw moved that the application be tabled until the Board?s September 18, 2008 meeting. 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 discussion or voting. // Supervisor Bradshaw moved that the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for discussion on the following: B. The application of Elliot Cohen, owner, and Commonwealth Engineering, applicant, for a change in zoning classification from Rural Agricultural Conservation (RAC) and General Commercial (GC) to Conditional-Urban Residential (C-UR) of approximately 2.58 acres of land located on the west side of Carrollton Boulevard (Rt. 17), north of Cedar Grove Road (Rt. 661) in the Newport Election District. The purpose of the application is to develop 34 residential condominium units. 35 Ms. Walkup commented that a meeting was to take place between the applicant, Chairman Clark and herself; however, Chairman Clark?s schedule had not permitted such meeting to occur as yet. Supervisor Wright moved that the Board table the application to the Board?s October 2, 2008 meeting to allow Ms. Walkup and Chairman Clark an opportunity to meet with the applicant. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Ms. Walkup was directed to email the Board members and advise when the meeting with the applicant is to take place. Chairman Clark called for discussion on the Invitation for Bid (IFB) relative to the demolition of the building previously known as Angelo?s Restaurant. Ms. DeVary advised that six (6) bids were received and staff is recommending that the award of the bid go to Waco Contractors in the amount of $14,700. Supervisor Bradshaw moved that the Board award the contract pending the ten-day waiting period and that the Chairman be authorized to sign the contract pending the approval 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. Chairman Clark advised that the Smithfield Vice-Mayor David Hare had contacted him to request that the Board not take any action on the proposed Fire and EMS station in Smithfield until the Smithfield Intergovernmental Relations Committee has had an opportunity to discuss the issue further. He requested County Administrator Caskey to set up the meeting. Chairman Clark moved that the matter be tabled until the Board?s September 18, 2008 meeting. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. // Chairman Clark called for New Business. Chairman Clark inquired if the County?s convenience sites are accepting unsecured items. 36 Supervisor Bradshaw advised Chairman Clark that the Waste Committee is currently reviewing the policies and guidelines associated with the County?s convenience center sites. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.3 of the Freedom of Information Act regarding acquisition of real property in the Hardy District. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 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 // 37 At 8:05 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 38 _ o -' o o ~ 'a -. ~ ~ ~ ` ~ ri O ~ ~ ~ N ~ ~ ~ U iU~. U s.. ~ V] R. C7 U U :: ti ~ b4 .C R ~ O C/2 O ~ ~ ~ ~ O O •S7 bID U Fes'„ U N ^ s. w c ~ ~ ~ ~ W ~~ v ~ ~ ~~~° ~ o ~ ~ ~ ~w4. o ..° va ~ ~ .~ w~o~~ ~ °~o o O E-' W .x own ~ W c ° •~' •i. O :' LI=1 ~ +~-' .fl ° F-' ai ~ 3 CL O y, ~ in ~ ti is a~ o ~. Q (~ ,~ . ~° o ~ ~ c ~ '~ ~ O U ~, ~ ~ ~ ~ 0.1 0 ~. oo GA a~~i ~, ~ ~ ~ ° U ~ Z >, i ' ~ • ~ v -c W cis ~ W ~ ¢ ~ ~ ~-' C~ v x U Q n U ti a~i U r M