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07-16-2009 Regular Meetingsou 27 PAVE 50 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JULY 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 Carey Mills Storm, Clerk Chairman Brown called the meeting to order at 6:00 p.m. and delivered the invocation. 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 Special Presentations, add a display of animals available for adoption at the Isle of Wight County Animal Shelter by Animal Control; under the Consent Agenda, delete Items (J), (K), (L) and change Item (M) to Item (J); under the County Attorney's Report, add a request for the Board to authorize the County Attorney's office to set a public hearing at their August 20, 2009 meeting for the purpose of considering incurring general obligation indebtedness by the County in order to finance the purchase of agricultural land conservation easements under the PACE Program; under County Attorney's Report, add a brief presentation to the Board on the recently announced Norfolk - Western Tidewater Water Authority raw water purchase contract; under County Attorney's Report, add one (1) closed meeting item; under County Administrator's Report, add request for Funding by CHIP Steering Committee. 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. // Chairman Brown called for Special Presentations /Appearances. e oar 27 eaC; 51 Chief Sullivan had animals from the Isle of Wight County Animal Shelter on display in the Board Room for adoption by the public. Mark W. Furlo, Parks Administrator, advised the Board that the slogan for the 2009 Isle of Wight County Fair, scheduled for September 17 -20, 2009 at the Joel C. Bradshaw Fairgrounds in Heritage Park, is "the biggest bang for your buck ". He advised that Main Stage acts are Clarence Carter, Jack Ingram and the Confederate Railroad and that there will also be a Midway with an agricultural and livestock tent, heritage exhibits, commercial and craft vendors and food available. He advised that the talent show is scheduled for July 31, 2009 at 7:00 p.m. at Smithfield High School and that the pageant will be held on August 1, 2009 at 7:00 p.m. at Smithfield High School. Chairman Brown called for Regional Reports. Supervisor Clark reported that the Hampton Roads Transportation Planning Organization is now fully certified by the Federal Highway Administration. Supervisor Clark reported that only routine business had been discussed at the Hampton Roads Planning District Commission's most recent meeting. He noted that he would be distributing information with regard to transportation and other regional planning matters in the near future. Supervisor Clark reported that the Southeastern Public Service Authority (SPSA) is in the process of soliciting bids and that certain issues are being discussed with the City of Portsmouth. He encouraged the other Board members to make their recommendations for nominees to serve on the SPSA Board of Directors to the Governor. Supervisor Casteen reported that the South Hampton Roads Resource Conservation and Development Council had voted to support the "Isle Be Green" program. Supervisor Wright reported that the Western Tidewater Water Authority and the City of Norfolk had made a public announcement with respect to a 40 -year water agreement. Supervisor Bradshaw reported that he and staff had met with representatives from the City of Franklin and Southampton County with respect to regional issues. He advised that additional information is being generated with respect to water and sewer, the airport and economic development and that once the administrators meet with their collective staffs N aca 27 ?Avt 52 to review this information, another meeting will be held between the three (3) jurisdictions. 1/ Chairman Brown called for Transportation Matters. Eddie P. Wrightson, Director of General Services, advised that VDOT maintenance funds will be utilized for the northbound left -turn lane (Route 17) project which is to begin in the summer or Fall of 2009. Regarding visibility issues at the Smith's Neck Road intersection, Mr. Wrightson reported that Federal Highway Safety funds will be utilized to conduct a highway safety audit with respect to certain lighting improvements from the RacTrac to Ashby Subdivision. Mr. Wrightson reported that the pole on Yellow Rock Road has been removed, however, certain property issues still remain unresolved. // Chairman Brown called for Citizens Comments. t Robert Duckett, Public Affairs Director, Peninsula Housing and Builders Association, addressed the Board concerning HB 2077 sponsored by Delegate Oder, with respect to extension of approvals to address the housing i crisis, which was passed by the 2009 General Assembly. He requested i clarification that the County's recommended action refers to Section (C) of the State Code section, which refers to proffered conditions. He stated that nothing in the State Code provides for requests to be handled on a case -by- case basis and no State law that requires a commercial or residential development to show cause or proof of financial hardship. He opinioned that the wording in the County's recommended action appears to go beyond the State Code and he requested that the language in the State law remain. Albert Burckhart, Newport District, addressed the Board concerning an elevated rapid transit system. He suggested that a light- passenger rail connection through the County would remove many vehicles from the roadway. He further suggested that no public money be utilized and that the County assist in this effort by obtaining land acquisitions and easements. Ronald Dashiell thanked the Board for updating the County's Fireworks Ordinance. Herb DeGroft, 15411 Mill Swamp Road, encouraged the Board to continue its efforts to consolidate services with the School administration. He requested the Board be prepared to address a request from the School 3 soot 27 PAGE 53 Board in September 2009 to rollover $1.4 million from the 2009 to the 2010 budget. Harry Cassell requested that the Stoup properly be utilized as a satellite office for the Sheriffs Department. Supervisor Clark advised Mr. Cassell that the Sheriff has indicated that he only wants one (1) central office and that a satellite office is not needed as Deputies are continuously on the road responding to calls for service. H Chairman Brown called for Board Comments. Supervisor Wright commented on a recent article which appeared in the Smithfield Times in which he was incorrectly quoted. He clarified that he would never reveal to newspaper reporters or the general public anything that had been discussed during a closed session of the Board. He advised that the Western Tidewater Water Authority had approached the City of Norfolk regarding a water agreement. Supervisor Clark commented that the nation and its allies are suffering during this difficult time as the number of lives lost in Afghanistan continues to increase. Chairman Brown called for the County Attorney's report. Interim County Attorney Burton requested approval of a tax refund to Inland RI Holding L.L.C., et als Windsor Blvd. Supervisor Bradshaw moved that the Board authorize the County Attorney to approve the refund due to Inland RI Holding L.L.C. et als Windsor Blvd. in the amount of $7,042.80 for the tax year 2008 -09 pursuant to Section 15 -19 of the Isle of Wight County Code. 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. Regarding the request included in the agenda for a tax refund for Isle of Wight Industrial Properties, L.L.C., Interim County Attorney Burton advised that it has come to his attention that the Isle of Wight Industrial Properties, L.L.C. owes the County an undetermined amount and that he recommends that the Board postpone consideration of this matter until the exact amount owed by that company to the County is determined. E son 27 rl+uc 54 Interim County Attorney Burton presented a contract renewal with Orkin Pest Control which he recommended that the Chairman be authorized to execute. Supervisor Bradshaw moved that the Chairman be authorized 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 permission for his office to advertise the assignment of lease between the Board of Supervisors and the Industrial Development Authority for the Windsor Hunt Club. Supervisor Wright moved that the Board authorize the County Attorney's office to advertise the matter for public hearing at the Board's August 20, 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 that the Board authorize his office to advertise the consideration of securing general obligation indebtedness to finance the PACE program for public hearing. Supervisor Bradshaw moved that the Board authorize the County Attorney's office to set a public hearing at their August 20, 2009 meeting for the purpose of considering incurring general obligation indebtedness by the County in order to finance the purchase of agricultural land conservation easements under the PACE Program. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich provided an update to the Board on the recent announcement by the City of Norfolk with respect to the raw water purchase contract with the Western Tidewater Water Authority (WTWA). He advised that over a period of time, the WTWA will have access to approximately 15 million gallons of raw water per day to be distributed between the County and the City of Suffolk, with the City of Suffolk obtaining 75% and the County obtaining 25% of the raw water. He further advised that the contract is to be considered by the WTWA tomorrow and that the County Attorney's office believes that it would be appropriate for the Board to verbally make a motion indicating its support for the WTWA to move forward with approving the contract. Supervisor Wright moved that the Board express support for the execution of the agreement by the Authority. 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. Boot 27 ?AuE 55 Noting that the time to conduct the public hearings was drawing near, Interim County Attorney Burton requested that the Board defer consideration of the Charter franchise renewal until after the public hearings. Supervisor Clark moved that the Charter franchise briefing be moved to Old Business. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had one (1) item to discuss with the Board later in closed meeting. H Chairman Brown called for the Emergency Services report. Steven Andrew Aigner, Fire and EMS Coordinator, formally introduced Jamie Davis, an intern in the Department of Emergency Services. Jamie Davis recalled that the Board, at its March 5, 2009 Board meeting, had approved Option H of the Mobile Data Terminal Project (MDTP) which appropriated $145,200. He stated because the equipment has not yet been installed, staff is requesting that the unencumbered funds be transferred from FY2009 to FY2010. Supervisor Bradshaw moved that the following Resolution be adopted. RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR THE COMPLETION OF CARRYOVER EMERGENCY SERVICES MOBILE DATA TERMINAL PROJECT WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has approved the carryover of previously appropriated funds for the Emergency Services Mobile Data Terminal Project (MDT); and, WHEREAS, funds in the amount of twenty four thousand seven hundred ninety -eight dollars and forty seven cents ($24,798.71) need to be appropriated to complete the Emergency Services Mobile Data Terminal Project (MDT) from the Designated Fund Balance to the FY 2009 -10 General Operating Budget of Isle of Wight County NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the sum of twenty four thousand seven hundred ninety -eight dollars and forty seven cents ($24,798.71) from the Designated Fund Balance be appropriated to the FY 2009 -10 General Operating Budget of the County of Isle of Wight. iou 27 PACE #6 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Davis noted that due to the installation cost not being factored into the original cost projection, the project will come in over budget and staff is soliciting an additional appropriation of $5,089.47 to allow for completion of the project without delay or down grade in duality. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPOPRIATED FUND BALANCE OF THE GENERAL FUND FOR EMERGENCY SERVICES MOBILE DATA TERMINAL PROJECT WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has approved additional appropriation for the Emergency Services Mobile Data Terminal Project (MDT); and, WHEREAS, funds in the amount of five thousand eighty nine dollars and forty seven cents ($5,089.47) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that five thousand eighty nine dollars and forty seven cents ($5,089.47) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2009- 10 General Operating Budget BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for the County Administrator's report. 7 Book 27 ?AuC 5 1 Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that responsive to the Board's direction at its May 7, 2009 meeting, staff visited the City of Wilson, North Carolina with respect to its Green Light Program involving cable, internet and phone systems. He advised that the City of Wilson geographically is 15 square miles and serves 50,000+ citizens with a number of businesses and colleges in that area. He further advised that the City of Wilson operates an electric utility, providing them with certain advantages with respect to the installation of fiber throughout the City. He stated that staff does feel that there are still some opportunities for the provision of broadband in the County and that staff is currently reviewing opportunities under the Federal Stimulus Program. He advised that staff has also become aware of grant funding that is available through the USDA. He requested the Board provide direction on whether or not it is interested in having staff pursue grants, loans or a combination thereof. Supervisor Bradshaw suggested that Mr. Robertson contact Verizon regarding its plans to run fiber -optic lines in the County. Supervisor Bradshaw recommended that Supervisor Casteen work with staff to begin defining how to get to the point that internet services are provided to everyone in the County, i.e., identification of the hubs, how to obtain the funding to accomplish the goal of internet service to all County residents. /I At 7:00 p.m., Supervisor Bradshaw moved to amend the order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for a public hearing on the following: A. An ordinance to amend the following sections of Appendix B, Zoning: Section 1 -1020 (Nonconforming Situations), Section 2- 1002 (Definitions), Section 6 -1003 (Affected Development), Section 6 -1004 (Exemptions to the Highway Corridor Overlay District Requirements), Section 6 -1006 (Permitted Activity in the Minimum Visual Buffer), Section 6 -1014 (Exceptions), Section 6- 2003 (Affected Development), Section 6 -2004 (Exemptions to the Newport Development Service Overlay District Requirements), Section 6 -2006 (Permitted Activity in the Minimum Visual Buffer) and Section 6 -2011 (Exceptions) to provide a definition of the Development Review Committee (DRC) and to designate the �:i aoor 27 wa 58 DRC as the reviewing body to review and approve development proposals and waiver requests within the aforementioned districts. Matthew Smolnik, Planner, presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Ordinance be postponed until the Board's August 6, 2009 meeting to allow the Board members additional time to study the Ordinance in light of recent developments. 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. A Resolution to Amend the Comprehensive Plan of Isle of Wight County, Virginia, Chapter 2, "Natural Resources and Environmental Quality", to include a section entitled "Potential Environmental Hazards" and associated maps. More specifically, the purpose of the amendment is to identify potential environmental hazards in the County and provide the information to be used during the review of proposed development within the County. Richard Rudnicki, Planner, presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO RECOM ffiND APPROVAL OF THE COMPREHENSIVE PLAN AS AMENDED 6 saor 27 PAD 45-9 WHEREAS, Section 15.2 -2229 of the Code of Virginia stipulates that any amendments to a community's Comprehensive Plan be recommended by resolution to the governing body by the local planning commission; WHEREAS, the Isle of Wight County Board of Supervisors on October 16, 2008 directed the Isle of Wight County Planning and Zoning Staff to develop information on potential environmental hazards within the County and submit to the Isle of Wight County Planning Commission a Comprehensive Plan amendment for public hearing; WHEREAS, the Isle of Wight County Planning Commission finds it advisable to amend Chapter Two of the Plan to include additional text and maps on potential environmental hazards in Isle of Wight County; WHEREAS, the Isle of Wight County Planning Commission has given notice and held a public hearing on said amendment to the Comprehensive Plan on June 23, 2009, as required by Section 15.2 -2204 of the Code of Virginia; NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors to recommend approval of the revisions to Chapter Two of the Isle of Wight County Comprehensive Plan dated May 13, 2009, to include a section entitled "Potential Environmental Hazards" and associated maps. 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 requested an opportunity to work with staff with respect to certain discrepancies in the document. Chairman Brown called for a public hearing on the following: C. The application of Mildred C. Ramsey, Trustee of the John A. Ramsey, Jr., Trust, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately 10 acres of land located on the north side of Rattlesnake Trail (Rt. 646) south of the intersection of Jones Town Drive (Rt. 637) in the Carrsville Election District. The purpose of the application is for one (1) single - family residential lot, as conditioned. Beverly H. Walkup, Director of Planning and Zoning, presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. 10 soot 27 nu 60 William H. Riddick' Attorney representing the Ramsey family, advised that the family is no longer farming and are in need of selling a lot. He further advised that the Ramsey's have offered full cash proffers and no further subdivision of the proposed lot, including family- member subdivisions. T. G. Nelson, resident of Rattlesnake Trail, inquired if the proposed lot could be divided into smaller tracts in the future. Supervisor Bradshaw responded that the lot could not be divided into smaller lots in the future. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the application be approved as conditioned and proffered and of the waiver request to Section 4 -3004. 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 declared a five- minute break. Chairman Brown called for a public hearing on the following: D. The application of E. C. Whitley Enterprises Inc., applicant, and Whitley - Hawkins Holdings LLC, owner, for a Conditional Use Permit to extend the life of a borrow pit operation for an additional five (5) years. The borrow pit totals ten (10) acres of land located on a private road, six tenths of a mile off of Airport Drive, in the Carrsville Election District, for the purpose of processing and the removal of sand for commercial sale. The mining operation will create a lake to provide for farm irrigation and wildlife habitat. Mr. Rudnicki presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. Sandra Whitley- Hawkins, applicant, stated that her family had opened the first sand pit in the County approximately thirty -four (34) years ago. She advised that this pit has been opened for approximately ten (10) years and is 11 inu 27 ?Aa 61 located on the same large parcel of farm property as the other pits. She requested the Board to approve the application. Albert Burckhart, Newport District, expressed opposition to expansion of any sand pits in the County noting that once the dirt is removed, the land can not be used for anything else. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the application be postponed until the Board's August 6, 2009 meeting to allow Ms. Walkup and Interim County Attorney Burton time to work with the applicant on the bond issue and any other condition staff may feel needs to be addressed. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: E. The request of Carrollton Village 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 a proposed 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 proposed Ordinance. Elliott Cohen, applicant, requested the opportunity to respond to any questions after the public hearing. Diane Barnett of Batise Court spoke in opposition noting that she had purchased her current home as a retirement home and that the proposed development would be located in her backyard. She commented that the development is too large for the surrounding residential area and the proposal is not in accordance with the County's Zoning Ordinance, Section 6 -2009, which states that structures shall not dominate by excessive or inappropriate height or mass, any general development, adjacent building or natural landscape in an incompatible manner. She stated that Section 1 -1002 12 Book 27 PAGE fit addresses the protection of property throughout the County and landowners adjacent to a new development. She stated that the application, if approved, will devalue surrounding homes, property and quality of life for residents of Bertise Estates and Progain Lane. Mitch Wilcox, Commonwealth Engineering, advised that land surrounding the existing homes is currently forested and that the applicant is proposing a 25 foot buffer zone with whatever trees and shrubs are desired. Sharon Hart, Newport District, stated that the proffer only states that the buffer will be in accordance with the County's Zoning Ordinance and that citizens are requesting a twenty -five (25) foot buffer of trees and shrubs to block the lights. She stated that the applicant's buffer will include the fifty (50) foot right -of -way that is being proffered for a drive - through road if the County needs it. She stated that Mr. Wilcox contends that no traffic light is required at Sugar Hill Road, although the traffic analysis shows that the failure of the westbound left -turn and through lanes are on Sugar Hill Road and the Route 17 intersection. She stated that County engineering, in their February 11, 2009 memorandum, had requested justification of the degradation of the level of service from "D" to "E" and that the Board had required that issues brought up in that memorandum be addressed. She stated that Mr. Cohen has stated that if a light is needed at Sugar Hill Road, that the cost should be taken out of the cash proffers, however, the cost of a light is a separate issue. She stated that the memorandum also recommended using Cedar Grove Road/Route 17 as the main intersection for accessing the site. She stated Mr. Cohen had been directed to provide justification why this is not an option. She stated that she believes that this is an option both for Mr. Cohen and the adjoining property owner by using an easement on the south side of the two (2) properties. She stated that Mr. Cohen should not have to acquire any of the junk yard property and she inquired if the issue of hazardous material being on the junk yard property had been resolved. She stated that it is still unclear about the percentage of office space versus retail space, yet the revenues and cost of service to the County and the traffic analysis are based on office space and not retail. She stated that Mr. Cohen agreed at the Planning Commission meeting to proffer no dumpster trash pickup before 7:00 a.m., however, the proffer now states 6:00 a.m.. She stated that page 6, Item (B) of the proffers, only state that the owner shall reserve the option to provide a fifty (50) foot right -of -way centered along the twenty -four (24) foot entrance road along the northern property line, however, if this comes up, the owner should give it to the County. Thomas Finderson, Newport District, distributed a rear view picture of the Smithfield Blooms Shopping Center, noting that this is the same view that residents in Bertise Estates will be looking at. He stated that Mr. Bertise's property is worth approximately $550,000 and will most likely decrease by $50,000 should this shopping center be approved. He stated that he is looking for a special type of buffer such as those at Eagle Harbor between the apartments and the Community Center. He recommended a 6 -8 13 ar- rook 27 PAVE 63 foot berm with substantial plantings similar to Battery Park Road and Gatling Pointe South. He stated that he would also like to see some consideration given to the citizens in that the project is massive, located in the middle of a community and out of place for that area. He stated that nothing has been said about the rear of the development and this should be spelled out in the proffers. He stated there is already substantial traffic on Route 17 and he suggested no occupancy above 15,000 square feet until a traffic light is installed at Sugar Hill Road. He stated that the ravine is approximately 600 feet away and he would recommend that the applicant proffer an outfall pipe in case of an overflow. He stated that he would also recommend a proffer of no adult book stores. Sadie Boyer of the Newport District spoke in favor of the application noting that it has passed all of the requirements contained in the Zoning Ordinance and it is located in the Route 17 Corridor Overlay District. She stated that the County is in need of retail development and that while she does feel for the existing homeowners in the area, how could they expect to purchase a lot with prime property located between their lots and the roadway and not expect it to be developed. She stated that 94,500 square feet of building can easily be located on eight (8) acres and have reasonable parking and buffering. She stated that if the Board denies this application because it is located next to a development, the Board will be setting a precedent. She stated that the application has many positives and the Board must think about the overall plan, Bill Kessler, Bojangles, stated that the County can not continue to not allow the development of businesses in the County that rely on traffic. He stated that these developments can be done tastefully and blend in with the community. He recommended increasing the buffer to protect surrounding home owners. Mr. Cohen advised that the building will be constructed of brick in the back and front. He stated that originally, the County was looking for a community center, consisting of apartment living upstairs and business downstairs; however, over time, the residential portion was removed. He stated that the original concept was not a traditional two (2) story building in that dormers were installed in the frame of the roof for the purpose of being office area for the downstairs buildings. He stated with respect to the Batise Court issue, the tree line is on Mr. Batise's property which currently acts as a buffer and that he has a 50 foot easement, consisting of trees and he was only going to remove the trees that were necessary He stated that the reason he was going to give the County a 50 foot easement was so that if some day the County did want to connect to Brogain Lane, there would have such an easement. He stated with respect to connectivity to the Vincent property, there is also a 20 foot buffer zone on his property, in addition to the 20 foot buffer zone on their property, which contradicts itself in that the County wants to connect two (2) pieces of property with the shopping center, but yet there is still a 40 foot buffer zone required in between. He advised that he 14 Boor 27 ?AcE 64 did proffer to construct a roadway which connects into the Vincent property and which is to be constructed within the next six (6) months. He stated with respect to the removal of trash, he is hopeful that he can get a trash company to agree not to pick up the trash before 6:30 a.m. He stated that the Planning Commission members did not want to lock the building into being 50% retail and 50% office space and if the market will generate 75% commercial retail, why not let those individuals open a business, which will be revenue for the County. He stated that the Traffic Impact Study did not require that he install a traffic light and that Founders Pointe had proffered a traffic light at a certain point and that there has been discussion about coaxing Founders Pointe to install a traffic light sooner and him contributing some of the funding of the traffic light so that it would benefit them to install the traffic light now versus later. He stated that he did offered a cash proffer that could be put towards the cost of the installation of the traffic signal at whatever time the County desires to install one. Chairman Brown closed the public hearing and called for comments from the Board. Ms. Ring advised that since the March meeting of the Board, the Planning Commission had considered changing the architectural standards, the cash proffers and the unobstructed access behind the applicant and that Ms. Vincent and he had proffered the extended easement width and the trash pick up. Supervisor Bradshaw commented that Mr. Cohen has offered additional proffers tonight, however, they are not in writing. Supervisor Clark inquired if Mr. Wilcox had met with the citizens to address buffer issues. Ms. Ring replied that if any such meetings had occurred, staff had not been involved. Supervisor Clark moved that the request be sent back to the Planning Commission for consideration of the right -of -way and buffer issues in an attempt to create a consensus with the citizens who live nearby; incorporate the concessions offered orally by Mr. Cohen tonight as official proffers in writing; the contribution for a light at Sugar Hill Road; and, that the County be responsible for the costs associated with the readvertisement of this application. 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: F. The application of Colonial Trading Center, Inc. and Eagle Harbor, LLC, owners and Breeden Investment Properties, Inc., 15 Don 27 FACE 65 applicant for a change in zoning classification from Conditional - General Commercial (C -GC) and General Commercial (GC) to Conditional - Planned Development - Residential (C -PD -R) of approximately 19.71 acres of land located on the north side of Carrollton Boulevard (Route 17/258/32), in the Newport Election District. The purpose of the application is to allow for construction of a multifamily development. Mr. Smolnik presented the application. He advised that the application was first presented to the Planning Commission on May 23, 2009 and tabled in order to allow the applicant time to address drainage issues raised by area residents during the public hearing. He advised that the applicant has since held two (2) public meetings with the residents of the Carrollton area. He advised that the applicant has submitted revised proffers on June 16, 2009 different from what the Planning Commission voted on at its June 23, 2009 meeting and that those had been placed at the Board's seats prior to the meeting tonight. He advised that it was brought to his attention prior to the meeting tonight that there is a sentence that should be deleted in Proffer 10 which states "and thereafter the County shall not seek to take any action that would cause the property to revert back to its original zoning classification. He advised that the Planning Commission, at its June 23, 2009 meeting, recommended denial of the application by a vote of (4 -3). Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. Kent Little, President, Breeden Company, stated that the existing 240 apartments at Eagle Harbor are now five (5) years old and approval is being sought to expand that number by 144 units, which will be located directly adjacent to the existing apartments and have the same architecture. He advised that there is a waiting list for the current building storage facilities and included in this application is the construction of 50 additional units. He advised that there have been five (5) community meetings in reference to this application, all which were well attended, in which a number of concerns were voiced and that every effort possible has been made to address them accordingly. He stated that the Breeden Company has concluded that there is valid concern with respect to storm drainage issues in this watershed and that Breeden's engineering staff, at its own expense, had conducted an independent study, which resulted in three (3) areas of concern. He advised that it has been determined that there is a failed drainage structure impeding the flow of water and resulting in flooding on Vellines Lane. He advised that a proffer of $130,000 had been offered at the Planning Commission meeting which would cover the cost of installing two (2) sixty (60) inch pipes in the area that is most heavily damaged. He advised that a study had also been conducted which revealed that water surrounded the South of the James and other businesses in that immediate area making their businesses inaccessible for which no remedy was found. He stated a final study had been conducted with respect to the actual crossings of drainage under Route 17 and how the 16 ion 27 'PACE 66 drainage plain on the north side of this property gets discharged into the James River. He advised that increasing the size of the existing pipe under Route 17 is beyond the capability of the applicant and the County and that a proffer is being offered to clean that area out so that it is functioning properly. He stated that the Breeden Company is offering to install two (2) large drainage structures and restore 50 feet on either side of the stream. He stated with respect to a concern with what will happen to runoff water during construction of the new apartments, Breeden will be installing a water retention system and over engineering the site so that runoff water does not exceed what it currently is. He advised that Breeden has the ability to hold 30% more water on the site after the development than is currently being discharged now. He stated that some of the stormwater being discharged now can be stored in a lake rather than it going out in the swampland. He stated that Breeden is additionally proffering a 12 foot dam along the development side of the lake in order to protect against a flood event. He stated that Breeden is willing to proffer, as requested by the citizens, that it has no intention of building any Section 8 homes at this location. He stated that at the Planning Commission meeting, a request was made for the insertion of a sunset clause, which has been included in their proffers for a period of five (5) years. He addressed the Planning Commission's recommendation of denial of the application stating that he thought that was in error as this project will result in $2.3 million dollars in expenditures with businesses in the County and that Breeden stands on record for its existing properties with model landscaping and berming standards. Richard Cassell of Kings Cove commented that he believed that the proffers offered by the applicant and the offer to fix the main drain on Vellines Lane will be a great help. He inquired if the funds given to the County to fix the drain could be used for anything else or would it be earmarked for this project. Richard Cassell, Jr., 23261 Vellines Lane, stated that he has been unable to get any resolve to the flooding situation on Vellines Lane in the past and that he is hoping that Mr. Little will be able to solve the flooding in that area. Jean Deprinzio of Carrollton stated that ditches in that area have been prone to flooding in the past and that she would like for VDOT to stand up to its responsibility and maintain the ditches and cut the grass. She advised that the traffic light at the intersection needs to be synchronized and that the speed limit at Whippingham Parkway is not being observed by motorists. She further advised that a sign is needed reminding motorists not to block the intersection at Whippingham Parkway. Jim O'Dren, Board of Directors, Light House Commons at Eagle Harbor, expressed a concern with the existing drainage issue. He asked that the Board protect the interest of citizens in this matter. 17 Bou 27 PAGE 67 Thomas Finderson of the Newport District circulated a letter from the Eagle Harbor/Bojangles businesses in support of this development, He stated that the proposed project will generate $2.9 million annually in retail benefits for the life of the project. He stated that he sees this project as a local economic stimulus project which will provide 125 jobs, half of which will be full time and the other half part time with a payroll of $3.9 million, which will be a boost to the local economy. He clarified that the County's share is $3.2 million from the proffers, water and sewer fees and building permits. He stated that the apartment life of the project is 40 -45 years according to the Commissioner of the Revenue. He stated that the money can be put towards school improvements and the water and sewer payments can be put towards water and sewer improvements. He stated that the proposed project of 240 apartments shows what future ones will look like and how the developer runs his business, as well as the caliber of people who live there. Sadie Boyer of the Newport District stated that it is universally accepted fact that rooftops do not make a profit. She stated with respect to the traffic problem, there should be some regulation of the speed limit along Route 17. She stated that the Breeden Company is a good reputable company which produces a good product and is well backed. Mr. Kessler advised that the Board should approve the project because if new growth does not occur in the County, the small businesses which will benefit from the proposed project will not be around. He advised that he had been a past resident of the existing apartments and he could vouch that those properties are extremely well maintained from the inside out. He stated that small business owners are struggling to survive in today's economy and he encouraged the Board to approve the application. Herbert DeGroft, School Board member, stated that he anticipates the 2010 census to continue to reflect a continued degradation in the number of children per family. He added that his real concern is the consideration that the Board has to give with respect to the flood plain and the impact on emergency services. Candice Denlinger of Carrollton expressed concern with the discharge of water into the flood plain noting that there is a collection of water underneath the deck in her backyard on a daily basis. She stated that flooding is already an issue for this area and she encouraged the Board not to take the chance of increasing the problem by approving this application. Ron Dashiell, South of the James, stated that many questions remain unanswered with respect to the resolve of the current flooding situation. He suggested that a Hampton Inn or an extended stay hotel would bring in more money to the County than additional apartments. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark commented that the applicant, in his $130,000 proffer, is agreeing to re- engineer the ditch along Route 17, clear out the blockage and install an abutment to allow the water to cross the creek. He advised the public that the County does not have the proper equipment to perform this type of work and it would also be more costly for the County to conduct this type of work because the Breeden Company will already have the equipment on -site doing work associated with the proposed project. He advised that the sunset clause will allow the County to set parameters on when the developer must begin development on the property. He requested that Mr. Little verify that the drainage from this site will be dammed and over engineered to the point that there will be 30% less water coming off the site after the development than water currently off the site currently. Mr. Little confirmed that Supervisor Clark's comments were correct. Supervisor Clark noted for the benefit of the public that the developer is entitled now, because of the property's current zoning, to build a commercial development at this site without coming before the Board for any approvals. He requested clarification from Mr. Little that the traffic impact assessment for a commercial development is at a higher level than it would be for this type of use. Mr. Little confirmed that the traffic count will be reduced by 15% to 20% with the down zone from commercial to residential use of the property. Supervisor Clark commented that if the Board did not approve the application, the developer is not required to engineer the site to provide for 30% less drainage off the site. Mr. Little replied that Supervisor Clark is correct and he added that the resolution of flooding on Vellines Lane is also not a requirement of the Breeden Company. Supervisor Casteen requested clarification that the applicant would complete the drainage improvements prior to the issue of his first Certificate of Occupancy. Mr. Little confirmed that Supervisor Casteen was correct. Supervisor Bradshaw inquired what new proffers have been offered since the Planning Commission met. Mr. Smolnik responded that the sunset clause is new and that the proffer which states that the developer will make a cash proffer to the County in the amount of $130,000 to assist the County in the site work has been revised to reflect that the developer is going to complete the work rather than provide the County with cash in the amount of $130,000. 19 sans 27 fAL::i 69 Chairman Brown inquired who would be responsible for future maintenance once the 180 lineal feet is cleaned out at the pipe which leads to the wetlands. Mr. Smolnik responded that VDOT is responsible for its maintenance. Mr. Little advised that Breeden Company intends to clean 50 feet on either side of the drain and remove all of the debris and then install a large drainage structure with proper anchorage, which will improve the efficiency in which the water moves through the pipe. He advised that water going into the marsh will also be slowed down by the overdesign of the storage capacity on site. He clarified that it is not Breeden's desire to wait five (5) years before beginning to develop the site. Chairman Brown inquired where the parking lot would be located for the 144 additional units. Mr. Little advised that the parking lot will be constructed in front of the high -power wires. Supervisor Bradshaw inquired if the changes to the proffers were substantial. Interim County Attorney Burton advised that the changes were not substantial. Supervisor Bradshaw inquired what the impact would be on the proffers that were offered in the 1990s versus what is being offered today. Ms. Walkup advised that proffer 11 addresses that in that "except as stated in these proffers, nothing set forth herein shall be deemed to amend, modify or affect the terms of the existing Eagle Harbor proffers." Supervisor Bradshaw advised that the 1990s rezoning dealt with commercial development and residential on a sliding scale, which will be impacted by this change because it was based on the number of residential units and the square footage. He stated that he is assuming that the developer is following the percentage ratio set up in that proffer. Ms. Walkup advised that she would need to double check; however, she doubts that the zoning that is being removed from these parcels represent half of the commercial square footage. Chairman Brown declared a recess to allow Ms. Walkup to check her files on this matter. 20 son 27 PACE 70 Mr. Walkup advised that the developers proffered 660,000 square feet and this application is removing only approximately eight (8) acres of commercially zoned land. She advised that there is at least another 40 acres of commercially zoned property that is developable. Supervisor Clark moved that the application be approved, as proffered to reflect that the language be deleted in Proffer 10 which states "and thereafter the County shall not seek to take any action that would cause the property to revert back to its original zoning classification ". 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: G. An Ordinance to Repeal Chapter 12.1. Public Parks and Recreation Facilities. Article H. Regulations Governing Public Parks and Recreation Facilities. Section 12.1 -5. Concealed Weapons Prohibited Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke in favor or in opposition. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright moved that the following Ordinance be adopted: AN ORDINANCE TO REPEAL CHAPTER 12.1. PUBLIC PARKS AND RECREATION FACILITIES. ARTICLE II. REGULATIONS GOVERNING PUBLIC PARKS AND RECREATION FACILITIES. SECTION 12.1 -5. CONCEALED WEAPONS PROHIBITED WHEREAS, on August 21, 2008, the Isle of Wight County Board of Supervisors enacted Chapter 12.1. Public Parks and Recreation Facilities as a result of marked growth in the use of Isle of Wight County public parks and recreation facilities and as a means to provide for the safety and security of Isle of Wight County citizens using such public facilities; and WHEREAS, the Isle of Wight County Board of Supervisors has seen been advised that Section 12.1-5. Concealed Weapons Prohibited. Article II. Regulations Governing Public Parks and Recreation Facilities. Section 12.1 -5. Concealed Weapons Prohibited has been 21 aoax- 27 wf 71 preempted by the enactment of the revised Section 15.2 -915 of the Code of Virginia (1950, as amended); NOW THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 12.1. Public Parks and Recreation Facilities. Article II. Regulations Governing Public Parks and Recreation Facilities. Section 12.1 -5. Concealed Weapons Prohibited is hereby repealed and reserved for future use as follows: CHAPTER 12.1. PUBLIC PARKS AND RECREATION FACILTIES. Article II. Regulations Governing` Public Parks and Recreation Facilities Sec. 12.1- 5.Repealed 6- 16 -09. Reserved. 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: H. Renewal of Lease of Property known as the Johnson Farm to Matthew J. Johnson for Agricultural Purposes Interim County Attorney Burton recommended that the Board approve the lease. Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke in favor or in opposition. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the lease be renewed to Matthew J. Johnson for agricultural purposes. 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 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. 22 H nox 27 ?Acf .7,% Chairman Brown called for the continuation of County Administrator's report. Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented the County's 2010 Legislative Priority List for consideration by the Board for forwarding to the Virginia Association of Counties. Supervisor Bradshaw moved that the Priority List be adopted, as presented, with the two (2) items removed from the previous year and that any additional items can be added to the list prior to November. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request for funding in the amount of $4,082.50 from the CHIP Steering Committee by letter dated January 29, 2009. Supervisor Bradshaw moved that the request be forwarded to the Finance Committee for recommendation 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. Chairman Brown called for consideration of the Consent Agenda. A. Byrne Justice Assistance Grant Program (JAG) Resolution to Accept and Appropriate Byrne Justice Assistance Grant Funds from the Department of Criminal Justice Services B. Local Emergency Management Performance Grant ( LEMPG) — FY 2009 -10 Resolution to Accept and Appropriate Funds from the State Department of Emergency Management for the LEMPG Program C. Contribution to the Isle of Wight Humane Society 23 BOOK 27 FADE 73 Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund to the Isle of Wight Humane Society to Benefit Feral Cats D. Additional Funding for Commonwealth's Attorney's Office Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Commonwealth's Attorney's Office E. Quarterly Report/Economic Development F. Monthly Financial Reports for County and Schools G. Recyc Systems, Inc. Biosolids Status Report H. Regional Fee Comparison 1. 2009 Legislation with Potential Land Use Planning Impacts J. County application for participation in the Virginia Recreational Trails Grant Program to facilitate the development of a recreational trail along the Courthouse Mill Creek Pond on the edges of the Isle of Wight County Courthouse Complex Supervisor Bradshaw moved that Items (B), (D), (E), (I) and (J) be removed and Items (A), (C), (F), (G) and (I1) be approved on the Consent 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. Regarding Item (B), Supervisor Bradshaw moved that the revised Resolution be adopted. 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. Regarding Item (D), Supervisor Clark moved that County Administrator Caskey be directed to contact Mr. Farmer to ensure that the Board is clear that he will be coming back to the Board if and when he needs the appropriation. 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. Regarding Item (E), Ms. Perry was directed to speak with the County Administrator regarding Bob Leber. Regarding Item (I), Supervisor Bradshaw moved that Item (I) be approved. The motion was adopted by a vote of (5 -0) with Supervisors 24 aoox 27 muf 74 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (J), Supervisor Clark moved that the Resolution be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Wright moved that the meeting time be extended beyond 11:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for Appointments. Supervisor Bradshaw moved that Robin Knauth be appointed to serve as an At -Large appointee to the Boykin's Tavern Advisory Committee. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion, Supervisor Wright moved that William Saunders be appointed to serve on the Bicycle and Pedestrian Facilities Committee representing the Windsor District and replacing Cecil Rhodes. 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 Jody Easter be appointed as an ex- officio member on the Small Business Committee. 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 Margaret Carroll be appointed to serve on the Small Business Committee representing the Smithfield District. 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 be appointed to the Small Business Committee, to include the two (2) appointments offered by Supervisors Casteen and Clark above: Carrsville District Joel Bradshaw, Jr., Business Owner 25 a n at 27 ?Arf 75 Windsor District Sparky Lerner, Business Owner Newport District Ron Dashiell, Business Owner Hardy District Kim Shivers, Business Owner Smithfield District Margaret Carroll (appointed earlier by Supervisor Casteen) Ex- Officio Member Jody Easter (appointed earlier by Supervisor Clark) Board of Supervisors Phillip Bradshaw Thomas J. Wright, III Industrial Development Authority Ron Pack, Chairman Chamber of Commerce Mark Hall, Vice Chairman Banker Pete Carr Realtor David Moose Engine er Mitch Wilcox Private Sector Attorney William Riddick County Staff Lisa T. Perry, Economic Development Beverly H. Walkup, Planning and Zoning Judy H. Winslow, Tourism Arthur E. Berkley, Inspections Eddie P. Wrightson, Engineering Other Citizen Representative Rick Morris (Newport District) 26 man 27 ?a,,r 76 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 Connie Henderson be appointed to serve on the Refuse Committee. The motion was adopted by 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. H Chairman Brown called for Old Business. County Administrator Caskey called for the Board's consideration of nominations for the Southeastern Public Service Authority Board of Directors. Supervisor Clark moved that Theodore Hardison's name be submitted to the Governor and that County Administrator Caskey be appointed as the ex- officio member. Mr. Caskey is to describe the process that the County went through to the Governor. 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. Attorney Adrian Herbst distributed copies of a franchise renewal report outlining compliance of the existing franchise agreement with Charter Communications; quality of service; financial, legal and technical qualifications; and, whether or not Charter Communications will make a proposal that meets the future needs of the County, as well as a proposed franchise ordinance. He advised that 200 pages of written comments were received from County residents concerning cable service in the County and that this will provide the support necessary for the County to effectively negotiate a new franchise agreement with Charter Communications. He advised that Charter Communications has filed bankruptcy and a hearing on Charter's reorganization plan is set for next week. He advised that written complaints have been summarized in the franchise renewal report and that that the next step is to transmit the renewal report and proposed franchise ordinance to Charter, where upon receipt of their written response, the County and Charter representatives will meet to resolve any issues. He advised that this process should be concluded in the November to December 2009 timeframe. Interim County Attorney Burton advised contained in the proposed ordinance is a PEG capital fee, which will allow the County to receive 1.5% of the cable provider's gross revenue per annum, which can be used by the County to help support maintenance of the County's PEG channels. He further advised that the County currently spends approximately $22,000 on 27 mg 27 PAGE 77 the PEG channels and that the funds received as a result of the PEG capital fee could be used to defray that cost. Attorney Herbst advised that funding application forms for broadband development are now available and $4.5 billion dollars is available for infrastructure development for broadband development to provide access to individuals who do not have service. He advised that the County currently can not mandate Charter to extend services to areas where the density is less than 30 homes per square mile. Interim County Attorney Burton recommended that the matter be referred to the Board's August 6, 2009 meeting to allow the Board an opportunity to review the report and proposed ordinance before forwarding to Charter for its review followed by staff setting up meetings to discuss County concerns. He advised that, in the meantime, he would like to present the report and ordinance to the School Superintendent for his input prior to discussing the matter with Charter. He advised that the Towns of Smithfield and Windsor have independent franchise agreements with Charter and he is recommending these be consolidated with the County so that the franchise will come up for renewal simultaneously. Supervisor Bradshaw moved that Interim County Attorney Burton be authorized to meet with the staff of the Towns of Smithfield and Windsor and the Superintendent of Schools to present the report and ordinance and seek their input in terms of their needs before meeting with Charter Communications. 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 shortening the length of the franchise ordinance from ten (10) years to five (5) years will cause Charter to become more responsive to County concerns. The consensus of the Board was to keep all of the County's options open and that the franchise agreement time period be shortened to five (5) years. H Chairman Brown called for New Business, There was no new business offered for discussion by the Board. /1 Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.I of the Freedom of Information Act for the limited :, eoer 27 PACE 78 purpose of discussion and consideration of a personnel matter pertaining to a specific public official. Supervisor Bradshaw moved that the Board enter the closed meeting for the reason stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 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 Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.1) 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 H The Board took no action following the closed meeting. 29 nee 27 PAGE .19 At 11:50 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. 04U44I Ja es B. Brown, Jr., C vit'CTt/n`L Carey Mi s Storm, Clerk 30