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03-19-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark 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 Brown called the meeting to order at 6:00 p.m. and delivered the invocation. /1 // The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney's report, add consideration of a Right -to -Farm lease between Jones Farm, Inc. and Isle of Wight County for the recently purchased interest in the Griffin property; under the County Attorney's report, add consideration of a contract between the Isle of Wight County Board of Supervisors and Kaufman & Canoles, P.C. for the purpose of collecting delinquent real estate and personal property taxes; under the County Attorney's report, add a request for authorization to be granted to the Director of General Services and the Director of Budget and Finance to issue a County purchase order under State Contract SRM20071009, Part 1, Non - Professional Construction Related Services, to Powell Management Associates for construction project management, administration and inspection services for the new animal shelter; under the County Attorney's report, add a request by Nathan O'Berry, County Extension Agent, for funding of a part-time position within his office; under the County Attorney's report, add three (3) closed meeting items; under Old Business, add consideration of a Memorandum of Agreement between the County and the Town of Smithfield regarding the Town providing water service to VDOT; and, under New Business, add consideration of a 2009 Resolution on the Spending of Federal Economic Renewal Grants. 1 Supervisor Wright moved that the agenda, as amended, 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. J/ Chairman Brown called for Regional Reports. Supervisor Clark reported that the Hampton Roads Metropolitan Planning Organization (MPO) received a report from VDOT Commissioner Ekern on proposed reductions within that organization responsive to State budget shortfalls, which included reductions in mowing operations and safety maintenance patrols on interstates; a reduction in ferry service in the State, specifically the Jamestown/Scotland Ferry; and, a reduction in rest areas. He advised that the Board's opposition to any reduction in service in the Jamestown/Scotland Ferry had been conveyed at that meeting, as well as at the Commonwealth Transportation Board meeting in Surry County. Supervisor Clark reported that the Hampton Roads Planning District Commission members received information relative to the distribution of stimulus funds to the various jurisdictions. He advised that the Commission will be considering Mr. Heuer's proposal that the next round of stimulus funds be prioritized by the Commission rather than being distributed to localities based on population. Chairman Brown reported that he had been briefed by Frank Roberts on his duties associated with the Hampton Roads Military and Federal Facilities Alliance. He advised that the Outlying Landing Field (OLF) remains an active issue. Supervisor Wright reported that the grand opening for the new location of the Tourism Department had been held on March 13, 2009 in the old Wynn Hardware building. Chairman Brown reported that faster rail service from Washington to Norfolk was discussed at the most recent meeting of the Mayors and Chairs Caucus. He advised that the rail will travel through Petersburg, into the County and terminate in Norfolk. He advised that he had volunteered to serve on a three (3) member Commission consisting of Mayor Fraim from Norfolk, Mayor Linda Johnson of Suffolk and himself. At Chairman Brown's request, Pamela Barton, Director of Social Services, reported that the concept of shared services between the Department of Social Services and the County had been discussed at the most recent meeting of the Social Services Board. She advised that while the Department of Social Services will continue to review its options with respect to shared services with the County, that Department does have a 2 diverse method for draw down its funds which makes it difficult to combine their services directly with the County. Supervisor Clark reported that proposals regarding the Southeastern Public Service Authority are being considered by the member jurisdictions. Supervisor Casteen reported that the South Hampton Roads Resource Conservation and Development Council had met last week without the benefit of its Chairman being present. Chairman Brown reported that the representatives of the Southside Mayors and Chairs had received an overview by Regina Williams, City Manager, City of Norfolk. Supervisor Bradshaw advised that he would be participating in a conference call with the Governor next week to further discuss the Federal stimulus package. Supervisor Wright reported that the roof on the Western Tidewater Regional Jail has been completed and the new Jail Superintendent has been successful in the clean up of cells and instituting recreation for the inmates. He advised that additional beds are expected for the Jail facility. Chairman Brown reported that Supervisor Wright had been appointed Vice- Chairman of the Western Tidewater Regional Jail Board of Directors. Supervisor Bradshaw reported that funding requests from the Isle of Wight Humane Society and the Health Department for the homebound nurse position had been received at the most recent meeting of the Finance Committee and that the requests will be placed on the Board's agenda at its April 2, 2009 meeting for discussion and consideration. He further reported that the Committee had received an update relative to foreclosures, sales ratio and the collection rate from the Commissioner of Revenue and Treasurer, both of which have been requested to provide a presentation to the Board at its April 2, 2009 meeting. He advised that the Committee also received an update with respect to Fair sponsorships. He recommended that the Board schedule a work session to discuss the budget. He advised that the School's budget will be on the Board's April 2, 2009 agenda for consideration of a public hearing date. The Board concurred to meet at 3:00 p.m. on April 2, 2009 (prior to the regular meeting) for the purpose of discussing the budget. The Commissioner of the Revenue and Treasurer will be conducting their presentations to the Board at its 3:00 p.m. continued work session prior to the commencement of budget discussions by the Board. /1 3 Responsive to a request by Supervisor Clark for a status update on Yellow Rock Road, Kristin M. Mazur, County Engineer, advised that a transfer was completed to allow for the relocation of the pole, as well as the additional survey that is needed. She further advised that Mr. Easter is working on the transfer of certain deeds. Supervisor Bradshaw inquired about the possible repair of potholes along Route 258. MacFarland Neblett, Waverly Residency Administrator, advised that work to repair the potholes along the primary roads has been initiated and should be complete by next week. Ed Easter of 12224 Hideaway Lane advised that Attorney Jones is preparing two (2) access easement deeds for VDOT and the County to Hideaway Lane and the right -of -way that is owned by the Dales directly across from Hideaway Lane so that there will be a "T' intersection for turn around purposes and school bus access. He further advised that Attorney Riddick has established contact with Mr. Keusal and will be proceeding with the deed correction. // Aston Lee Wells, Jr. expressed opposition to an increase in taxes as a result of the Southeastern Public Service Authority's current financial state. He stated that he is not in favor of the County's recent purchase of the Stoup property and that he is in favor of the Board discussing all County matters in open meetings so that the public can be involved in the decision making process. Richard L. Turner, 3201 High Point Drive, thanked the Board for the County's past support of the Red Cross. /1 Chairman Brown called for Transportation Matters. Chairman Brown called for Citizens Comments. Chairman Brown called for Board Comments. Regarding the issue of proposed fees for the Tyler's Beach Boat Harbor, Supervisor Clark moved that discussion of fees be deferred until January of 2010 due to the downturn of the economy. Staff is to continue with its research on what other jurisdictions are charging in their respective localities. 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. 4 1/ Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented a contract between Isle of Wight County and CHA, Inc. for professional services to develop a Master Plan for Nike Park and Heritage Park. He advised that he has reviewed the contract; approves it as to form; and, recommends that the Chairman be authorized to execute it on behalf of the Board. Mark W. Furlo, Parks Administrator, explained the reasoning behind why the Heritage Park Master Plan is being revisited at this time, noting that it is primarily due to the number of changes from its original plan. He advised that the Master Plan for Nike Park is outdated, as well. Chairman Brown inquired if, with the exception of the base mapping, staff felt capable of performing the other tasks associated with this project. Mr. Furlo responded that consultants will be responsible for conducting public meetings, as well as gathering certain input and data to determine if the amenities currently planned are still desired. He added that consultants have expertise in designing athletic fields and parks, which staff does not. He noted that a restroom building is included in the current year's Capital Improvements Plan; however, if the Master Plan needs to be deferred until next year, staff could determine the location of the restroom at that time. Supervisor Clark moved that the matter be deferred until the Board's May 7, 2009 meeting to allow the Board an opportunity to conduct a work session on the budget. Staff is to solicit input from the Departments of General Services and Planning and Zoning. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed revision to Chapter 11 Motor Vehicles and Traffic, Article II. Motor Vehicles. Section 11 -6. Amount of Tax - Generally to allow for an exemption to the license tax for former members of the volunteer rescue squads or former members of the volunteer fire department who have served at least ten (10) years in the County. He requested authorization for his office to advertise the revision for public hearing at the Board's April 16, 2009 meeting. Mark Popovich, Assistant County Attorney, advised the Board that the revision was presented to the Fire and Rescue Association by the Director of Emergency Services and the Fire and EMS Coordinator and that the Association was in favor of the revision. 5 Kevin Butler, President, Fire and Rescue Association, advised that the ordinance revision needs to be further discussed by the Association. Supervisor Bradshaw moved that the matter be referred back to the Fire and Rescue Association for discussion and consideration. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. The Board took further action on the above matter under the continuation of the County Attorney's report. David Rose, Davenport & Company, briefed the Board regarding that company's recommended approach to perform a selective refinancing/restructuring of a portion of the County's outstanding debt, which will provide the County several million dollars in cash flow relief during the next two (2) budget years. He stated that it is imperative for the County's fund balance to remain strong and, in light of an upcoming tight budget, one (1) of the ways to accomplish that is to ensure that the fund balance is not utilized. He recommended that the Board allow him to move forward and competitively put into the marketplace requests for banks and other firms to provide a proposal so that some of the debt can be reduced for the next several years and that those funds be placed aside, as necessary, as an insurance policy. He advised that if the responses received from the RFP are not desirable, the County will not be under any financial commitment to move forward. He advised that a worse case scenario would cost the County the equivalent of the cost of issuance, which is $100,000 or less. He stated it is possible that there will be an element of savings because the interest rates are lower now. Supervisor Bradshaw moved to authorize the RFP process, as recommended. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney advised that the Board should anticipate receiving the results of the RFP at the Board's April 16, 2009 meeting. /1 At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 6 Chairman Brown called for a public hearing on the following: A. Proposed Capital Improvements Plan (CIP) — FY 2010 -2014 Liesl R. DeVary, Director of Budget and Finance, advised that staff is recommending deferral of the following projects for a one (1) year period for the Year One Capital Improvement Plan: Pinewood Heights relocation, PACE program, portable /lockable cages for the Electoral Board and the sewer station Vac truck due to budgetary restraints. She advised that she was notified by the Chairman of the Electoral Board that the original cost estimate for the electronic poll books in FY 2010 can be reduced by $71,000 for a total cost of $15,000. She advised that the total amended five (5) year CIP is in the amount of $72,466,605. Chairman Brown called for persons to speak in favor of or in opposition to the Capital Improvements Plan. Herb DeGroft, 15411 Mill Swamp Road and School Board member, requested that the Board prioritize those items dealing with saving energy on the Capital Improvements Plan. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board delay voting on the matter until its April 2, 2009 work session. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary advised that staff recommends the reallocation of certain unused capital projects in the amount of $822,356 to either partially fund the FY 2010 Capital Budget or return the funds to the Unappropriated Fund Balance due to either the completion of such projects or inactivity of the capital project. Supervisor Bradshaw moved, but withdrew his motion, that staff s recommendation be approved to reallocate certain capital projects to either partially fund the FY 2010 Capital Budget or return the funds to the Unappropriated Fund Balance due to completion of projects or inactivity of capital projects. Supervisor Bradshaw moved that staff's recommendation to reallocate the following capital projects to either partially fund the FY 2010 Capital Budget or return the funds to the Unappropriated Fund Balance due to completion of projects or inactivity of capital projects be deferred until the April 2, 2009 work session: Reserve for community center - T/W $ Remaining $ Unobligated $225,000 Total $225,000 Capital Project 7 Rt. 17 Revitalization 100,000 100,000 Rt. 58 Revitalization 68,035 68,035 Refuse Truck Replacement $17,075 17,075 Roof Replacement — Windsor VFD 25,000 25,000 Camp Washington 80,135 80,135 Old Jail Renovation 217,111 217,111 Nike Park Soccer Fields 30,000 30,000 Rushmere VFD Engine Replacement 0 60.000 60,000 Total $72,075 $750,281 $822,356 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 Brown called for a public hearing on the following: B. The request of Three Coins LLC, owner, and Commonwealth Engineering, applicant, for a rezoning of Tax Map Parcels 34 -01- 108 and 34- 01 -108B in the Newport Development Service District from Rural Agricultural Conservation (RAC) to Conditional - General Commercial (C -GC). Said property, approximately 8.028 acres, is located on the east side of Carrollton Boulevard (Rt. 17), south of Sugar Hill Road (Rt. 661) in the Newport Election District. The proposed use of the property is for an office condominium and retail development. Amy Ring, Assistant Director of Planning and Zoning, presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the application. Mitchell Wilcox, Commonwealth Engineering, offered to answer any questions that the Board may have with respect to the application. Thomas Finderson, Newport District, expressed concern with existing traffic movement on Sugar Hill Road when a motorist is making a left turn onto Route 17. He remarked that it could be ten (10) years before a traffic light is required and traffic congestion is resolved. He added if a traffic light is installed, it would make three (3) traffic lights in a row that would constantly be tripping. He stated that special buffering beyond what is required in the Zoning Ordinance is important as one (1) of the existing homes is assessed at $554,600. He stated that while it may be his intent, Mr. Cohen has only verbally stated that he will reserve the right -of -way instead of proffering it. He stated that there should be a brick front materials proffer and rear cinderblock painted and maintained as brick color, as Route 17 is a major corridor and due to the rear residential properties. Sharon Hart of the Newport District expressed concern that the large commercial venture adjoins a high -end suburban estate property. She made 8 reference to staff comments on page 7, Item 5, which states that the impact of construction and permanent changes in land use should be taken into consideration from the surrounding properties, such as aesthetics, vegetation, noise and lights. She stated that the conceptual plan shows parking in view of the back of the commercial buildings which, if approved, will significantly degrade the quality of life and property values of the newly built neighborhood. She stated that the 50 -foot easement provided for a connector road on the back of the property should be in addition to a buffer area. She noted that the intersection of Cedar Grove Road and Route 17 will be the main intersection for accessing the proposed site for office and retail. She noted that Mr. Cohen had previously expressed concern about the potential for hazardous waste materials at the junk yard that he would be responsible for removing if he purchased that property. She stated that Mr. Cohen should be required to provide factual justification of the reasons why his purchase of the junk yard property is not an option. She stated that the risk of collisions is significantly increased at the access points to both of the properties. She stated that the applicant should also be required to justify the degradation of the level of service from "D" to "E" for the build out conditions on Sugar Hill Road. She recommended that the applicant be asked to proffer the 250/250 lane length to comply with the new Traffic Impact Analysis and that it be reviewed again at site plan review. She stated that the project consists of the development of strip malls and that only the portion falling within the Cedar Road Neighborhood Center should be allowed. She recommended that, due to the number of existing commercial sites, the application be denied. She recommended that the applicant also be asked to proffer that all internal roadways will meet VDOT standards. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark inquired if the weaknesses identified by staff in the agenda have been addressed. Ms. Ring replied that the weaknesses have not been addressed by the applicant. Supervisor Wright requested that staff elaborate on Ms. Hart's comment regarding the location of proposed hazardous waste on the junk yard property located next to the applicant's property. Ms. Ring explained that there is an auto parts salvage yard next to the applicant's property and that the applicant had listed the existence of potentially hazardous materials as the reason for his not wanting to develop an access through to the light at the intersection with Cedar Grove Road and Route 17. Supervisor Bradshaw inquired if the ten (10) items of concern listed by the County's Engineering Department have been addressed. 9 Ms. Ring replied that many of staff's comments will be addressed during the site plan process. She added that staff did receive a comment from the applicant's engineer that the two (2) left -hand turn lanes would be increased from 150 feet to 250 feet and that the applicant has proffered to increase the taper and the turn lane length to 200 feet, per VDOT's recommendation. Supervisor Clark noted that only two (2) of the nine (9) homeowners in the adjacent subdivision had been notified of the applicant's application, but all of those properties will be in site of the back of the proposed application. He stated that this is an instance in which staff should have exceeded the requirements and notified all homeowners in the adjacent subdivision about the proposed commercial application. Elliott Cohen, applicant, advised that he was requesting a median cut in between the two (2) projects; however, VDOT had advised that it did not meet the required distance between the two (2) roads and that staff had advised him that the u -turn was the correct and safest way. He advised that he did proffer the 200 foot deceleration lane and taper. He stated with respect to the traffic count increasing over the years, he assumes that over the years, the speed limit will also be reduced. He stated that he had previously submitted an application for an apartment complex, but he was advised that residential development is not desirable along Route 17. He advised that parking is proposed around the entire building and that there will be no back delivery areas. He added that he has proffered to leave fifty (50) feet at the driveway coming in on the left side of the property so that, if at any time the County wants connectivity to a road behind his property, it would be there for the County to utilize. He stated with respect to the junk yard property next door and the County's desire to have a road going from Cedar Grove Road directly through the junk yard property, he has approached the property owner and was advised that he did not wish to sell the property. He advised that the only residence in the adjoining neighborhood that borders his property and the vacant lot is located on the back of his property. He advised that there is a four (4) foot berm and $50,000 in plant materials at the other shopping center that he developed. Supervisor Clark advised that he wants all homeowners in the adjacent subdivision to be notified of the rezoning request so that they will have an opportunity to speak on any concerns about the application. Supervisor Clark moved that the request be deferred until the Board's April 16, 2009 meeting. In the meantime, all weaknesses identified by staff should be addressed to staff's satisfaction. 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. 10 Supervisor Clark further moved that staff notify by letter, with enough specifics, the remaining residents of the subdivision so they understand what is being proposed and allow them a chance to provide written comments and report back to the Board if there are already any comments or requests from those members of the subdivision for any information or maybe additional public hearing. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: C. An Ordinance to Amend and Reenact the Isle of Wight County Code Chapter 16.2 Weapons. By Adding Section 16.2 -2. Purchase of Handguns by Law Enforcement Officers. Interim County Attorney Burton advised that the revision to the ordinance will allow police officers who have twenty (20) years of service or more to purchase their firearm for $1. Chairman Brown called for persons to speak in favor of or in opposition to the Ordinance. Pete Green, a retired law enforcement officer, advised that in addition to being allow to purchase his firearm, the City of Norfolk also presented him with a retired police officers' identification badge and lifetime concealed weapon permit which gives him the authority to carry a concealed weapon anywhere in the State of Virginia. He advised that there is also a Federal endorsement, by qualifying once a year, which allows him to carry a firearm anywhere in the United States. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Chairman be authorized to execute the following Ordinance on behalf of the Board: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE CHAPTER 16.2. WEAPONS. BY ADDING SECTION 16.2 -2. PURCHASE OF HANDGUNS BY LAW ENFORCEMENT OFFICERS WHEREAS, the Isle of Wight County Board of Supervisors appreciates the service and dedication to the protection of County citizens exhibited by the members of the Isle of Wight County Sheriff's Office; and 1 1 WHEREAS, the Code of Virginia provides law enforcement officers who obtain a certain level of service the option to purchase their issued handgun. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.2. Weapons. be amended and reenacted by adding Section 16.2 -2. Purchase of Handguns by Law Enforcement Officers as follows: Sec. 16.2 -2. Purchase of Handguns by Law Enforcement Officers. (a) The Isle of Wight County Sheriff is authorized to allow any full - time sworn law enforcement officer who retires after at least 20 years of service or as a result of a service - incurred disability to purchase the service handgun issued to him at a price of One Dollar ($1.00). (b) The Isle of Wight County Sheriff is authorized to allow any full - time sworn law enforcement officer who retires with 10 or more years of service, but less than 20, to purchase the service handgun issued to him at a price equivalent to the weapon's fair market value on the date of the officer's retirement. (c) The Isle of Wight County Sheriff is authorized to allow any full - time sworn law enforcement officer who is retired for disability as a result of a nonservice- incurred disability to purchase the service handgun issued to him at a price equivalent to the weapon's fair market value on the date of the officer's retirement. (c) The Isle of Wight County Sheriff is authorized to allow the immediate survivor of any full -time sworn law - enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least 20 years of service to purchase the service handgun issued to the officer at a price of One Dollar ($1.00). For state law as to authority of the County to allow the purchase of service Issued handguns by law enforcement officers, see Code of Va., § 59.1- 148.3. 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 Brown called for a public hearing on the following: Deed of Bargain and Sale transferring the property recently purchased from Mr. and Mrs. Whitley from the Board of Supervisors to the Industrial Development Authority. 12 Interim County Attorney Burton advised that the public hearing is to complete the transfer of the property from the County to the Industrial Development Authority, which is the entity associated with the intermodal park. Chairman Brown called for persons to speak in favor of or in opposition to the Deed of Bargain and Sale. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright noted that it was brought to his attention that the survey might contain an error. Lisa T. Perry, Director of Economic Development, advised that she was unaware of any error. Interim County Attorney Burton offered to investigate the matter and ensure that there are no errors contained in the survey. Supervisor Clark moved that the Chairman be authorized to execute the Deed of Bargain and Sale on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: Deed of Bargain and Sale transferring the property recently purchased from Ms. Hughes from the Board of Supervisors to the Industrial Development Authority. Chairman Brown called for persons to speak in favor of or in opposition to the Deed of Bargain and Sale. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Chairman be authorized to execute the Deed of Bargain and Sale on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 13 I/ Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ 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 the 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 Brown called for the continuation of the County Attorney's report. Supervisor Wright requested Kevin Butler to provide the Board with clarification on his earlier comments under the County Attorney's report regarding the proposed revision to Chapter 11 Motor Vehicles and Traffic. Mr. Butler advised that the Fire and Rescue Association is in support of the Ordinance revision. Supervisor Wright moved that the County Attorney's office be authorized to advertise Chapter 11 Motor Vehicles and Traffic, Article II. Motor Vehicles. Section 11 -6. Amount of Tax - Generally to allow for an exemption to the license tax for former members of the volunteer rescue squads or former members of the volunteer fire department who have served at least ten (10) years in the County for public hearing at the Board's April 16, 2009 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 permission to issue a utility tax refund to Historic St. Luke's Restoration. Supervisor Bradshaw moved that the Chairman authorize Interim County Attorney Burton to sign the refund on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, 14 Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Right to Farm lease between Jones Farm, Inc. and Isle of Wight County for the recently purchased interest in the Griffin property and recommended that the Board authorize his office to advertise the matter for public hearing. Supervisor Bradshaw moved that the Board authorize the County Attorney's office to advertise the matter for public hearing at the Board's April 16, 2009 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 presented a contract between the Isle of Wight County Board of Supervisors and Kaufman & Canoles, P.C. for the purpose of collecting delinquent real estate and personal property taxes. Supervisor Wright moved that the Board authorize the Chairman to execute the contract on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested authorization for the Director of General Services and the Director of Budget and Finance to issue a County purchase order under State Contract SRM20071009, Part 1, Non - Professional Construction Related Services, to Powell Management Associates for construction project management, administration and inspection services for the new animal shelter. Supervisor Wright moved to authorize the Director of General Services and the Director of Budget and Finance to issue a County purchase order under State Contract SRM20071009, Part 1, Non - Professional Construction Related Services, to Powell Management Associates for construction project management, administration and inspection services for the new animal shelter. 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. Nathan O'Berry, County Extension Agent, requested funding for a part-time position within his office. Supervisor Bradshaw moved that the request be deferred until the Board's April 2, 2009 budget work session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 15 Interim County Attorney advised that he had seven (7) matters for closed meeting later in the meeting. // Chairman Brown called for the Community Development report. Jamie Oliver, Long Ranger Planner, introduced the application of Joseph Stradley for an exception to the Highway Corridor Overlay District. Supervisor Bradshaw moved that the request be approved to erect wooden stockade fencing with a bottom and flat top rail, generally as shown in pictures from staff, to follow the ditch line; with half of the Option A landscaping as recommended by staff and keeping the existing vegetation; and, with staff's recommendation for the front of Route 460 and the foundation area in front of the building. 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 Brown called for the Parks and Recreation report, Mark W. Furlo, Parks Administrator, presented a resolution designating April 19 -25, 2009 as Volunteer Recognition Week. He advised that the Fair Committee is in favor of including the Resolution in the County's newsletter and recognizing the volunteers at the 2009 Fair. He advised that the Fair Committee is requesting direction from the Board with respect to how the Board would like to see the volunteers recognized. Supervisor Bradshaw recommended that volunteers be recognized during the airing of "The County Beat." Supervisor Wright moved that the following Resolution be adopted: RESOLUTION TO DESIGNATE APRIL 19 -25, 2009 AS VOLUNTEER RECOGNITION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing 16 challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the County of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 19-25, 2009 be designated as Volunteer Recognition Week. 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 Brown called for the General Services report. Eddie P. Wrightson, Director of General Services, presented a Memorandum of Agreement (MOA) with Hampton Roads Sanitation District (HRSD) and the County with respect to the regional Fats, Oils and Grease (FOG) Abatement Program for the Board's consideration. He advised that the Town of Smithfield has also adopted a FOG ordinance and the Town of Windsor has indicated a willingness to adopt a similar ordinance. Supervisor Wright moved that the County Administrator be authorized to execute the Memorandum of Agreement (MOA) between Isle of Wight County and the Hampton Roads Sanitation District (HRSD). 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. Wrightson presented the issue of the refuse disposal fee for discussion and consideration by the Board. Supervisor Bradshaw moved that the matter be deferred until the Board's April 2, 2009 work session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for the County Administrator's report. Bruce A. Bruchey, Powell Management Associates, distributed the bid tabulation and recommendation letter responsive to the solicitation for the bid 17 for the construction of the new Young -Laine Courts Building, associated site work and the renovation of the existing Sheriff/Courts Building into the Sheriff's Department headquarters. He advised that the contractors were required to submit with their bids a bid bond, as well as a Statement of Qualifications; however, two (2) of the responding bidders had omitted their Statement of Qualifications from their bid. He advised that the County Attorney's office has advised that an omission of that form is a technicality that can be waived by the Board. He advised that the low bid was Henderson, Inc. with a base bid amount of $10,556,202 and that Henderson, Inc. had also submitted a bid for Alternate #1 to add $9,439 to provide a lightning protection system on the existing Sheriffs Building. He advised that Powell Management and Moseley Architects undertook an investigation of Henderson, Inc. and learned from past clients and other architectural firms that have worked with them in the past, of Henderson, Inc.'s outstanding record of success. He advised that Henderson, Inc. has completed numerous projects for Anheiser Busch, as well as a 44,000 square feet headquarters' building for First Advantage Credit Union. He stated that in addition, Henderson, Inc. was the general contractor for the expansion of the Prime Outlets Mall in Williamsburg, which, like the new courts building, is a green building with a silver level of certification. He advised that Henderson, Inc. has completed five (5) projects for the YMCA with no change orders. He recommended that the Board award the contract to Henderson, Inc. for the base bid amount and that Alternate #1 also be accepted, for a total award amount $10,565,641; that the Board accept the unit prices, as bid, which will only be used if adjustments are needed during construction; that the Board waive, as a technicality, the omission of the contractor's Statement of Qualifications; that the Board authorize the Director of Budget and Finance to post a Notice of Intent to Award and, following the period of posting and further review by the Department of Budget and Finance and the County Attorney, that the Board authorize the Chairman to execute a construction contract with Henderson, Inc. He advised that the initial budget provided for over $16,000,000 for the construction of Joshia Parker Circle, the construction of the new courts facility and the renovation of the Sheriff's building; however, as a result of the current economic conditions, bids received are $5.5 million under budget for this same portion of work. Supervisor Clark moved to waive, as a technicality, the requirement of the Contractor's Statement of Qualifications. 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 Clark moved that the bid be awarded to Henderson, Inc., to include Alternate #1 and the unit prices, as bid, for a total award price of $10,565,641. 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 Clark moved to authorize the Director of Budget and Finance to post the Notice of Intent to Award and following the notice period and approval of the Director of Budget and Finance and the County Attorney, that the Chairman be authorized to execute 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. Patrick J. Small, Assistant County Administrator, presented an amendment to the professional services agreement with Moseley Architects for the Young -Laine Courts Building for the award of construction and inspection services, which had been contemplated as part of the original budget; however, it had not been awarded to Moseley Architects. He recommended that Moseley Architects be selected as the firm to perform the above services. Supervisor Clark moved that the County Administrator be authorized to sign Amendment #3 to the professional services agreement with Moseley Architects. 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 Brown called for consideration of the Consent Agenda. A. Town Hall Meeting B. Smithfield Cultural Arts League Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds for the Local Government Challenge Grant C. DMV Highway Safety Project Grant Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Motor Vehicles for the Highway Safety Project Grant D. Virginia School Resource Officer Grant Program Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the Department of Criminal Justice Services for the School Resource Officer Grant Program at the Windsor Middle School 19 E. Additional Funding for Laptops for Fire and Rescue Stations Resolution to Appropriate Funds from the Unappropriated Fund Balance to Purchase Laptops for the Fire and Rescue Stations F. Transfer of Capital Budget Funds for the Carrollton Volunteer Fire Department G. Monthly Financial Reports for County and Schools H. Planning Commission Action List of February 24, 2009 I. January 29, 2009 Special Meeting Minutes J. February 5, 2009 Special Meeting Minutes Supervisor Clark moved that Items (A) and (H) be removed and that the remainder of the Consent Agenda be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to Item (A), Town Hall Meeting, Supervisor Casteen moved to approve Item (A) with a change under "Opening Comments" to reflect that the Chairman is James B. Brown, Jr. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to Item (H), Planning Commission Action List of February 24, 2009, Supervisor Casteen moved to accept with a change on Page 4 to reflect that the meeting was adjourned at 9:00 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. /1 Supervisor Wright moved that Supervisor Bradshaw be reappointed to serve on the Hampton Roads Economic Development Alliance. 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 Brown called for Appointments. 20 Chairman Brown called for Old Business. Supervisor Clark advised that the County Attorney's office had drafted a Memorandum of Agreement (MOA) which addresses all of the Board's concerns mentioned at its March 5, 2009 meeting with respect to VDOT's request that the Town of Smithfield provide water service to VDOT. He advised that while the MOA will allow the Board to proceed with granting this request, it will not allow for others in the future to use this as a precedent for seeking connections. He stated that the MOA further addresses the Board's concerns about annexation. Supervisor Clark moved that the Board approve the Memorandum of Agreement and authorize the Chairman to sign it behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /I Chairman Brown called for New Business. Supervisor Bradshaw moved that staff be directed to take the information he has with respect to the 2009 Resolution on the Spending of Federal Economic Renewal Grants, review it and come back with a recommendation at the Board's April 2, 2009 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 Clark moved that staff be directed to contact Congressman Forbes' office to coordinate a meeting with representatives of this Board, John Seward with the Surry Board of Supervisors, and appropriate representatives from Southampton and Sussex Counties with respect to the proposed reduction in hours of the Jamestown/Scotland Ferry. 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 for consultation with legal counsel requiring the provision of legal advice pertaining to the DEQ Consent Order regarding sanitary sewer overflow; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority; pursuant to Section 2.2- 3711.A.1 to discuss a personnel matter pertaining to a specific public official; pursuant to 21 Section 2.2- 3711.A.5 to discuss a prospective business where no previous announcement has been made; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the Western Tidewater Water Authority; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to Carrollton Auto Parts; and, pursuant to Section 2.2- 3711.A.1 to discuss a personnel matter pertaining to a specific public official. Supervisor Clark moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor 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 VO "1 0 ABSENT DURING MEETING: 0 22 There was no action taken following the closed meeting. At 11:20 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. Care y I JYYP5 61 Stout, Clerk 23 B. Brown, Jr., Chairman