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11-05-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF NOVEMBER 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 Chairman Clark called the meeting to order at 4:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chief Animal Control Officer Sullivan and staff showed several puppies which were being offered for adoption. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney?s Report, add three (3) Closed Meeting items; under the County Administrator?s Report, add consideration of the Board Retreat agenda; under the Closed Meeting, add one (1) matter pertaining to the acquisition of property, per the request of Supervisor Wright; and, under New Business, add one (1) matter, per the request of Supervisor Wright. Supervisor Bradshaw 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. Michael W. McPherson, Superintendent of Isle of Wight County Public Schools, advised that the School Board has been notified by the State that it should anticipate significant reductions in funding next year ranging from 5% to 15%. He commented that appropriate adjustments have been made in the School Board budget to address any shortfalls this year, but the State has since indicated that there may be further reductions in K-12 education. He requested that the Board monitor all legislative bills being introduced in the upcoming General Assembly session, noting that he anticipates a number of those bills will affect the ability to provide services to the students of the County. Chairman Clark requested that Donald Robertson, in conjunction with Katherine Goff, monitor all legislation being introduced in the upcoming General Assembly session and advise the Board accordingly. Chairman Clark invited Dr. McPherson to attend an upcoming Mayors and Chairs luncheon meeting scheduled for December 19, 2008. Supervisor Bradshaw moved that the order of the agenda be amended and that Item (K), Preliminary Site Plan Application of the Isle of Wight County Board of Supervisors to Allow for the Construction of a 2-Story, 47,824 Square Foot Courts Facility, be removed from the Consent Agenda for further discussion at this time. 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. Beverly H. Walkup, Director of Planning and Zoning, presented Item (K): Preliminary Site Plan Application of the Isle of Wight County Board of Supervisors to Allow for the Construction of a 2-Story, 47,824 Square Foot Courts Facility. Supervisor Bradshaw made reference to a letter that the Board had received from the Chairman of the Planning Commission listing various concerns relative to the proposed courts facility following the Planning Commission?s recommended approval of the preliminary site plan. Supervisor Brown elaborated that responsive to a concern that there was little consideration given with respect to the handicapped and the distance of the parking lot from the building, the project?s construction manager had pointed out that there will be elevators to accommodate the handicapped and access to public records would be easily attainable. He advised that there was also a concern noted with safety, which had been addressed by the Judges and Sheriff?s office personnel. He remarked that the Planning Commission members felt that they had done as much as they could with respect to the proposed floor plan of the courts facility. 2 Ms. Walkup advised that certain homeland security issues must be addressed with respect to the issue of the distance between the handicapped parking spaces and the front of the facility. She noted that distances between uncontrolled parking and vehicular access for drop-offs to any public building is required to be 82 feet. She noted that staff has reviewed the floor plan and had not identified any weaknesses in its staff report. She advised that the landscaping waiver being requested was approved (7-1) by the Planning Commission and the site plan was recommended for approval by the Planning Commission (6-2). She advised that the Historical Review Committee has also approved the site plan and rendering, as well as certain secured entrance awnings for the building and the site for the water tower. Supervisor Wright remarked that the southbound turn lane will create a bottleneck when the Isle of Wight Academy school year is in session. He continued that it would be wiser to build the road according to what will be needed to handle the traffic in the next five (5) to ten (10) years. He commented that he would like Route 258 to consist of four (4) lanes in front of the courthouse. Bruce Bruchey, Powell Management Associates, advised that a left- turn lane by the new entrance would increase the cost of the new courts facility project by $150,000-$200,000. He further advised that the turn lane is not warranted by current traffic conditions; however, the need for a turn lane will need to be reevaluated in the future as development occurs. He advised that a new right-turn lane is being proposed heading south to Windsor for the new entry and exiting the new courthouse entrance road making the right-hand movement going south to Windsor there is also a turn lane and taper proposed. Supervisor Bradshaw remarked that staff must address any traffic needs prior to the intermodal park being developed. Ms. Walkup noted that by that time, an additional traffic impact analysis will be done and it may be warranted at that time. Chairman Clark moved that the preliminary site plan for the Isle of Wight Courts facility be approved by the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark moved that the landscaping waiver be approved by 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. // 3 Chairman Clark called for Regional Reports. Supervisor Brown reported that the recent meeting of the Mayors and Chairs meeting involved the newspapers reporting on recent homicides and crimes and not balancing it out with positive events. Supervisor Brown reported that the focus of the most recent meeting of the Social Services Board was spent evaluating the performance of the new Director of Social Services. He advised that the comments from the Board members will be compiled into a report, which will be provided to that Board at a later date. Supervisor Brown reported that the recent audit conducted on the Southeastern Public Service Authority audit revealed that SPSA staff had not followed the plan approved by the Authority with SPSA?s Executive Director and that he would be providing a follow-up report to the Board at its November 20, 2008 meeting. Supervisor Bradshaw requested that Supervisor Brown also be prepared at that time to advise the Board on the current financial condition of SPSA. He requested that Supervisor Brown relay to the SPSA Board this Board?s concerns with the Authority?s financial position. // Chairman Clark called for Transportation Matters. MacFarland Neblett, VDOT Waverly Residency Administrator, briefed the Board on the status of the Zuni culvert project. He stated that an existing conditions model is nearing completion and once it is functioning properly, VDOT will begin the analysis for a possible solution and estimated cost. Mr. Neblett stated with respect to the unsightliness of the chain-link fence at the James River Bridge and the Board?s desire to improve the gateway appearance at that location, he will need to investigate if the fence is located within limited access right-of-way before it can be permanently removed. Under the Isle of Wight County Transportation Tracking List, Supervisor Brown requested that the guardrail, which has already been installed, be removed from the Hardy District projects listing. He requested that reflectors be installed within the space between the guardrail to indicate that it is a long curve. Ms. Mazur advised that the Piney Grove abandonment resolution previously adopted by the Board will need to be reformatted to VDOT?s 4 format and approved in VDOT?s form and that she would be returning to the Board with another resolution for consideration after consulting with the Interim County Attorney. Mr. Neblett advised that the preliminary design work for the Owen?s Estates project has been completed. He offered to obtain a set of plans and review them with Supervisor Brown. Mr. Neblett advised that VDOT has finished cutting the ditches along Holly Point Way. Ms. Mazur advised that the survey for Yellow Rock Road is nearing completion and once completed, it will be forwarded to VDOT for acceptance into the State?s system. Ms. Mazur noted that the County-wide Transportation Plan is being developed. Sheriff Phelps relayed a citizen?s request for the installation of a stop light at the intersection of Berry Hill Road and Route 666 due to the excessive amount of traffic traveling from the Surry Nuclear Power Plant and the packing plants. He remarked that trucks are pulling out and making a left-hand turn back towards Route 258, causing safety issues. Mary Connell, 12 Wenley Circle, relayed a concern that traffic is obstructing motorists that are making a left turn onto Route 10 from Route 666. Chairman Clark moved that staff be directed to contact VDOT and explore the options, to include flashing lights, rumble strips and a reduction in the speed limit, available to address the safety issue relayed by Sheriff Phelps. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Citizens Comments. Mary Connell, 12 Wenley Circle, requested that the Board provide a grant in the amount of $5,500 to the Isle of Wight Humane Society to assist with the spay and neutering of 100 feral cats by the Snip Van. Chairman Clark moved that staff be directed to meet with the Isle of Wight Humane Society and refer the request for $5,500 to the Budget & Finance Committee for recommendation back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, 5 Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Herb DeGroft, 15411 Mill Swamp Road, invited the Board to attend a Veterans Day ceremony scheduled for Tuesday, November 11, 2008 at 11:00 a.m. at the memorial on North Church Street in Smithfield. He advised that a flag retirement ceremony will follow that same day at 2:00 p.m. at the Rescue Community Building. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton advised the Board that he is not prepared at this time to provide the Board with a revised ordinance pertaining to Appendix B, Zoning, Section 3-6000. He requested that the Board authorize his office to advertise the matter for public hearing at the Board?s December 18, 2008 meeting. Supervisor Bradshaw moved that the County Attorney?s office be authorized to advertise the revised ordinance for public hearing at the Board?s December 18, 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 recommended that the Board approve the August 21, 2008 Board of Supervisors? minutes under the Consent Agenda which are correct concerning the ordinance pertaining to Appendix B, Zoning, Section 3-6000 because that is the way that the ordinance currently reads. Interim County Attorney Burton requested authorization to set for public hearing Chapter 1, General Provisions, Section 1-11 Acceptance of Real Property and Appendix A Subdivisions, Section 3-1 Platting Required at the Board?s November 20, 2008. Supervisor Bradshaw moved that the County Attorney?s office be authorized to advertise the proposed revision for public hearing at the Board?s November 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization to set a public hearing on Chapter 6, Erosion and Sediment Control, Article I in General, Section 6-3 Definitions, Section 6-4 Local Erosion and Sedimentation Control and Article II Plans, Section 6-11 Approval, Etc. at the Board?s November 20, 2008 meeting. 6 Chairman Clark moved that the County Attorney?s office be authorized to advertise the proposed revision for public hearing at the Board?s November 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney requested authorization for staff to proceed with a $25 million General Improvement Bond issue for the construction of a fire station and a new courts facility. He stated that he also needs for the Board to ratify the action his office has taken to set this matter for public hearing on November 20, 2008. David Rose, Rosenberg & Associates, advised that the Board?s Finance Committee recently discussed the most cost-effective strategy for funding the County?s Capital Improvements Plan; the proposed new courts facility; the fire station and other miscellaneous projects. He advised that he recommends that the County handle these finances in a two (2) part strategy that contemplates $25 million being done by the end of 2008, followed by not-to-exceed $10 million in calendar year 2009. Supervisor Bradshaw moved that the County Attorney?s office be authorized to advertise a proposed $25,000,000 general improvement bond issue for the County for public projects included in the Capital Improvement Plan for public hearing at the Board?s November 20, 2008 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board authorize the County Attorney?s office to publish the advertisement for publication on November 5, 2008 and November 12, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton recommended that the Board adopt the Feral Cat Ordinance, as revised to reflect a change on Page 4, under Item (K) which states any person who violates Subsection (B) of this section shall be subject to a civil penalty not to exceed $150 and under Subsection (B) which states it is unlawful for a person to maintain a feral cat colony by providing food and water and other forms of assistance, unless such person is a resident of the County and has been designated and is currently appointed a caregiver by the Animal Control Officer. Supervisor Brown moved that the following Ordinance be adopted: ANORDINANCETOAMENDANDREENACT THEISLEOFWIGHTCOUNTYCODEBYADDING ARTICLEIV.FERALCATS 7 TOCHAPTER3.ANIMALSANDFOWL. WHEREAS, the Isle of Wight County Board of Supervisors is concerned about the health and welfare of all animals, domestic and feral, who reside within Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is concerned about respecting the property rights, as well as the health and welfare, of all residents of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is concerned by the realization of the number of feral cat colonies throughout the County; and WHEREAS, in order to better protect the health and welfare, as well as rights, of all involved the Isle of Wight County Board of Supervisors believes the feral cat colony population needs to be more carefully monitored and controlled for the purposes of humanely reducing the feral cat population, eliminating disease, and reducing feral cat complaints; and WHEREAS, in order to better control such colonies the Isle of Wight County Board of Supervisors supports the development of an appropriate feral cat colony caregiver certification program. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 3. Animals and Fowl. Article IV. Feral Cats. be enacted as follows: Sec. 3-27. Unlawful care of feral cats; exception. (a) For purposes of this Article, the following terms shall have the following meanings: (1) The acronym ?ACO? shall mean the Isle of Wight Animal Control Officer or a designee. (2) The term ?caregiver? shall mean a resident of Isle of Wight County, Virginia who has been designated as a feral cat caregiver by the ACO pursuant to the provisions of this Article, and who accepts responsibility for expenses associated with providing care to feral cats. (3) The term ?cat? shall mean a feline over the age of sixteen (16) weeks. (4) The term ?feral cat? shall mean any cat that is not or has never been owned by a person, or was formerly owned and has been abandoned. 8 (5) The term ?feral cat colony? shall mean a group of feral cats who generally live outdoors and have little or no human contact. (6) The term ?kitten? shall mean a feline sixteen (16) weeks of age or under. (b) Except as provided in this Article, it shall be unlawful for any person to maintain a feral cat colony by providing food, water, or other forms of sustenance and care, unless such person is a resident of Isle of Wight County, Virginia and has been designated as, and is currently appointed, a caregiver by the ACO. (c) County residents desiring to provide food, water and other forms of sustenance and care to feral cats in Isle of Wight County, Virginia shall annually apply to the ACO to be designated as a caregiver, and every person so designated shall comply with the provisions of this Article throughout their term of appointment. There shall be a Five Dollar ($5.00) fee associated with applying for this designation, per feral cat colony, which shall be due and payable annually. (d) Every caregiver shall comply with the following conditions with respect to feral cats or feral cat colonies for which they are a designated caregiver: (1) Provide (i) written permission from the property owner on whose property the feral cat colony will be located or cared for; (ii) evidence of reasonable efforts made to obtain the support for the feral cat colony from all adjacent property owners; and (iii) a good faith estimate of the number of feral cats and kittens residing in the colony at the time a caregiver?s designation is applied for. (2) Assume personal responsibility and make arrangements for feeding and providing emergency veterinarian treatment as needed to their feral cat or feral cat colony on a regular basis throughout the year, including weekends, holidays, and at such times as the caregiver is unable, for any reason, to provide such care. (3) Provide regular and frequent trapping of not less than two (2) times per month, through the use of humane box traps of feral cats and kittens over the age of eight (8) weeks who have not been spayed or neutered, vaccinated, and marked as provided herein. The trapped feral cats shall be spayed or neutered, vaccinated for rabies, and marked by having their ears tipped by a veterinarian professionally licensed by the Commonwealth of Virginia. It is also recommended, but not required, that all trapped feral cats be vaccinated by the veterinarian for distemper and implanted with a micro chip for identification purposes. 9 (4) Make every attempt to remove kittens from the colony between the age of eight (8) weeks and sixteen (16) weeks for domestication and placement with a person who is willing to be the owner of same. (5) If possible, have all trapped feral cats and kittens tested for feline leukemia and feline immunodeficiency virus; and to have those which test positive for same humanely euthanized or assure that any feral cat or kitten known to have an infectious disease is not released to the outdoors. (6) Maintain, on an individual cat basis, documentation of all vaccinations, inoculations, medical procedures and sustenance provided to feral cats under their care, and upon request, to provide such documentation to the ACO. (7) Authorize veterinarians attending to feral cats or kittens under their care to release copies of all medical records with regard to such feral cats to the ACO. (8) Maintain protection for the feral cats and kittens sufficient to shield them from adverse weather conditions, and maintain the surrounding area free and clear of garbage, trash and debris. (9) Notify the ACO of the introduction of any new cats to the feral cat colony. (10) Insure that a feral cat colony for which a person has been designated a caregiver does not exceed twenty (20) cats unless reasonably authorized by the ACO, giving consideration to the size, shape, location and ability to maintain the feral cat colony on the property. (e) In the event a caregiver is found by the ACO to have violated any provision of this Article, or failed to comply with any of its provisions, the ACO may require the caregiver to cease, desist and rectify their violation, or terminate their designation as a caregiver, depending on the severity of the violation. If abatement of the violation is appropriate, the caregiver shall be issued a notice of non-compliance specifying that the caregiver has forty-eight (48) hours within which to provide a written response to the ACO specifying the steps to be taken by the caregiver to come into compliance with the provisions of this Article within a thirty-day period. The ACO may grant one (1) thirty-day extension if the caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance may be achieved within the thirty-day extension period. The caregiver shall make an action report to the ACO at the end of each thirty- day period or when compliance is achieved, whichever occurs first. If the ACO determines that the violation is sufficiently serious to warrant termination of the caregiver designation, a notice of such termination shall be provided to that person. 10 (f) If compliance with the provisions of this Article are not achieved as provided in subsection (d) of this Article, or if termination as a caregiver is otherwise warranted, the ACO shall cause a notice of termination to be either personally delivered to the caregiver or mailed to the caregiver by certified mail, return receipt requested, at the address provided by the caregiver on their current application for such designation. Compliance with this subsection by personal delivery shall be effective upon delivery; compliance with this subsection by mailing shall be effective on the day first delivered to the recipient's address. Termination of designation as a caregiver by the ACO may be appealed to the County Administrator's office by such person by providing notice of the appeal in writing stating the basis for the appeal within ten (10) calendar days of delivery of the notice of termination as required in this subsection. (g) For purposes of this Article, and except as provided in this section, a person who has been designated as a caregiver shall not be considered an owner or a custodian of the feral cats for which they are providing care. (h) The provisions of this section do not grant to caregivers any authority to enter upon the property of others without the property owner's permission. (i) In the event the ACO becomes aware, either through a complaint or personal observation, of a feral cat or feral cat colony, he shall make a reasonable attempt to determine if a suspected feral cat or feral cat colony has a caregiver who will comply with this section. If, after making such an attempt, no caregiver is identified or is willing to comply with the provisions of this section, the ACO shall take all necessary action to obtain permission from the property owner(s) to enter upon the property to capture and remove the feral cats, and to dispose of the captured cats in accordance with the provisions of this Chapter for the disposal of impounded animals. (j) Neither feral cats nor feral cat colonies may be maintained on property owned or controlled by the County. (k) Any person who violates subsection (b) of this Section shall be subject to a civil penalty not to exceed One Hundred Fifty Dollars ($150.00). For state law as to authority of the County to place restrictions on feral cats and feral cat colonies, see Code of Va., § 3.2-6543. 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 a response has been received from the Voting Right Section of the Justice Department granting 11 permission to the County to change the hours of operation for the Central Absentee Precinct. Supervisor Bradshaw moved that the Board direct the Clerk to incorporate the following letter from the U.S. Department of Justice approving the change in hours of operation at the central Absentee Precinct in the minutes: 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. 12 Interim County Attorney Burton advised the Board that the County currently has a lease with Kirk Timber and Farming Company for land previously utilized for the Pons polling place; however, the lease does not contain a termination clause and is not due to expire until October 1, 2011. He further advised that staff has requested a voluntary termination of the lease, which the lessor has declined but indicated that they would consider a time value of money to terminate the lease. He requested the Board members to advise what direction they would like to take in this regard. The Board directed Interim County Attorney Burton to continue with the current lease and request that the building be maintained. Interim County Attorney Burton advised that he had seven (7) items to discuss with the Board later during the Closed Meeting. // Chairman Clark called for the County Administrator?s report. County Administrator Caskey made reference to information contained in the agenda regarding a proposed False Alarm Ordinance, which was included in the agenda for the Board?s information. Chairman Clark requested County Administrator Caskey to provide a print out of the number of false alarms that have occurred per residence. Patrick J. Small, Assistant County Administration briefed the Board regarding the Isle of Wight County Museum drainage Scope of Services. Supervisor Casteen moved that the Board fund the $5,464 for a budgetary reconciliation from the Capital Contingency line item to the appropriate line item in the Capital Budget; defer action on the $10,945 until the Board?s November 20, 2008 meeting; and, direct staff to meet with the Town of Smithfield. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Small, pursuant to correspondence sent to Interim County Attorney Burton relative to the sale of County property in Riverview Park from a property owner in the Town of Smithfield, advised that it is staff?s recommendation that the Board not transfer or sell the property. He advised that the Town of Smithfield?s input was solicited, however, none was received. Wen Winslow, GSH Real Estate, stated that the intent of the applicant is not to build an additional home at that location and that the applicant would be willing to offer a restriction to the deed stating so. He advised that 13 it is the applicant?s desire only to round out that property providing an equal residential line from James and Cary Streets. He stated that the applicant has a large family and wants to ensure that there is green space for his and other children to play on. Supervisor Casteen recommended that the Board follow staff?s suggestion and reject the offer. Mr. Small commented that staff, in the past, had recommended that the County give the entire property to the Town of Smithfield for its institutional use. Supervisor Casteen remarked that the land is currently used as a public park and, if sold to a private individual, access to it would be restricted. Interim County Attorney Burton advised that before the County sells any of its property, a public hearing must be held to solicit public comments. Supervisor Brown commented that since this is a public park, the Board needs to hear from the public before it makes a decision whether or not to sell the property. Chairman Clark moved to authorize the County Attorney?s office to advertise the matter for public hearing at the Board?s December 18, 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. County Administrator Caskey advised that he will be providing the Board and Dr. Chandler with a packet of materials, to include a copy of the County?s Strategic Plan and the following requests, which will serve as the Board?s agenda for its upcoming retreat in December 2008: . Supervisor Bradshaw requested that utilization of the County?s PEG channel, PSA programs and internet to advertise public hearings be added to the agenda. . Supervisor Brown requested how the transportation impasse and development pressures will be addressed in the future be added to the agenda. . Chairman Clark requested that Ms. Walkup advise which night Rick Hanson, James City County?s Work Force Housing Officer, is available to attend the retreat. . Supervisor Bradshaw requested staff to review today?s Strategic Plan and the core areas being worked from, to include any 14 thoughts on what staff would like to accomplish over the next two (2) years. // Chairman Clark called for consideration of the following Consent Agenda: A. Appropriation of Carryover Operating Funding Remaining at June 30, 2008 . Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating Projects . Resolution to Accept and Appropriate Funds from the State and Federal Governments for Carryover Grant Programs B. Application for Grant Funds ? Virginia Wireless E-911 Services Board?s PSAP Grant Program . Resolution to Accept and Appropriate Grant Funds from the Virginia Information Technologies Agency for the Wireless E-911 Services Board?s PSAP Grant C. Additional School Appropriation Requests ? FY 2008-09 . Resolution to Appropriate Additional Funds for School D. County Policy Amendment . Resolution to Amend the County Policy Manual Chapter 7, Articles II and III E. Generator Lease Program/Carrsville Elementary School Transfer Switch F. Deviating Work Hours/General Services Department G. County Holiday Schedule H. County Fundraising Activity I. SEMAP Agency Self-Certification J. Litter Pickup 15 K. Preliminary Site Plan Application of the Isle of Wight County Board of Supervisors to Allow for the Construction of a 2-Story, 47,824 Square Foot Courts Facility L. Delinquent Real Estate Tax Collection Monthly Report M. August 21, 2008 Regular Meeting Minutes Supervisor Casteen moved that Item (M), August 21, 2008 Regular Meeting Minutes, be removed and that the remaining items on 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. Supervisor Bradshaw moved that a resolution appropriating up to $45,000,000 for the Museum reopening replace the resolution contained in the motion on Page 43 of the August 21, 2008 minutes appropriating $195,000 for the Museum basement reconstruction. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the name of Ivy be changed to Casteen on the motion to adjourn the meeting on Page 51 of the August 21, 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. Supervisor Bradshaw moved to approve the August 21, 2008 minutes, 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 Appointments. Supervisor Bradshaw moved to accept the resignation of Nola Mathews on the Commission of Aging. 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. // Henry Bell, Chairman, Electoral Board, addressed the Board on the issue of splitting the Carrollton precinct. He distributed copies of the official Presidential election results which reflected that the County had 4,100+ voters and, as such, is required under the Code of Virginia that the 16 precinct be split within the next six (6) months. He advised that it is his understanding that the County has until February 1, 2009 to accomplish this because after that all jurisdictional and precinct lines will be frozen in preparation for the 2010 census. He advised that 79% of registered voters in the County voted. Supervisor Bradshaw moved that staff be directed to work with the Electoral Board on selecting another site for the Carrollton Precinct. Chairman Clark is to be involved in the process. 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. In recognition of Melanie Goerger?s service to the County as the Virginia Cooperative Extension Agent-4-H Youth Development and Unit Coordinator, Supervisor Bradshaw moved that staff be directed to draft a resolution of appreciation for formal presentation to her. 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. The application of Edward R. and Sharon C. Lenz, owners, for an exception to the Chesapeake Bay Preservation Area Ordinance, for two adjacent lots. Specifically, Section 4002 (B)(2)(a.) to allow encroachment of up to 50 feet into the 100 foot Resource Protection Area Buffer for the construction of a single-family home on each lot. Lot 59, containing nearly 0.51 acres of land, and Lot 60, containing just over 0.40 acres of land, are located in the C. L. Obrey Subdivision on the north side of Lakeview Lane, Carrollton, in the Newport Election District. Chairman Clark moved that the applicant?s request to postpone the application until the Board?s November 20, 2008 meeting 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. Eddie P. Wrightson, Director of General Services, requested the Board?s authorization to revise the operational hours of the County?s convenience centers as a cost savings measure in response to the downturn of the economy. Supervisor Wright moved that the new convenience center hours be approved, effective January 1, 2009. The motion was adopted by a vote of 17 (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 recommended that the lights, except those utilized for security, be shut off at the centers when closed. In regards to the sewer issues in Eagle Harbor, Chairman Clark moved that Mr. Wrightson and Interim County Attorney Burton review the options available with respect to holding others responsible for defective engineering and other construction mistakes that cause the County serious issues with regard to providing sewer service to Eagle Harbor. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for New Business. Supervisor Wrightmoved that staff, in conjunction with the Commissioner of the Revenue and the Treasurer, discuss the feasibility of all taxes being on the Prepay Plan with the Budget & Finance Committee and that recommendation be brought back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Code of Virginia for the purpose of discussion with legal counsel regarding specific legal matters pertaining to actual litigation; pursuant to Section 2.2-3711.A.7 for the purpose of discussion with legal counsel regarding specific legal matters pertaining to actual litigation; pursuant to Section 2.2-3711.A.3 regarding the acquisition of real property in the Hardy District; pursuant to Section 2.2-3711.A.7 for the purpose of discussion with legal counsel regarding specific legal matters pertaining to probable litigation; pursuant to Section 2.2-3711.A.7 for the purpose of discussion with legal counsel regarding specific legal matters pertaining to waste collection; and, pursuant to Section 2.2-3711.A.1 regarding a personnel matter relating to a specific public official. Supervisor Brown 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. 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 Chairman Clark moved that staff be authorized to enact the compensation package as discussed in the Closed Meeting with regard to County personnel. 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 moved that staff be directed to review the request from the Commonwealth Attorney?s office for additional funding for a position and equipment and return to the Board with a recommendation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 19 // At 7:40 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, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ James B. Brown, Chairman ______________________ Carey Mills Storm, Clerk 20 ~* ~ G i ~, , .. „'' v'_~ x '~ r ]^ . c ~ v . I F I S 1 .r gg Ya^ f t 't f ! `Y'