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08-06-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF AUGUST 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 5:00 p.m. and delivered the invocation. /I 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 one (1) closed meeting item; under Special Presentations, add Introduction of Ron Reck, Budget and Finance Director; remove from the County Attorney's report, Presentation and Consideration of the Norfolk Water Agreement, and add to Special Presentations; change Citizens Comments and Board Comments to be heard immediately following Special Presentations; and, under Old Business, add a funding request by the 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. Animals available for adoption at the Isle of Wight County Animal Shelter were on display at the meeting by Chief Sullivan. Supervisor Clark formally recognized Carrie Ann Dunham and moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND CONGRATULATE CARRIE ANN DUNHAM FOR EARNING THE GIRL SCOUT GOLD AWARD WHEREAS, Carrie Ann Dunham is a member of Girl Scouts of America, Troop 5114 and a resident of Isle of Wight County; and, WHEREAS, Miss Dunham has achieved the rank of Ambassador and has earned a Gold Award, the Girl Scouts' highest honor; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Miss Dunham for her achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Carrie Ann Dunham is recognized and congratulated for earning a Girl Scout Gold Award. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Nicholas Dunham, Caleb Joshua Kitchen and Andrew F. Smith, IV were formally recognized by the Board for achieving the rank of Eagle Scout. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND CONGRATULATE NICHOLAS DUNHAM FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Nicholas Dunham is a member of Boy Scouts of America, Troop #36 and a resident of Isle of Wight County; and, WHEREAS, Mr. Dunham has achieved the rank of Eagle Scout; and, Andrew F. Smith, IV WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Dunham for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Nicholas Dunham is recognized and congratulated for achieving the rank of Eagle Scout. 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 following Resolution be adopted: RESOLUTION TO RECOGNIZE AND CONGRATULATE CALEB JOSHUA KITCHEN FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Caleb Joshua Kitchen is a member of Boy Scouts of America, Troop #36 and a resident of Isle of Wight County; and, WHEREAS, Mr. Kitchen has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Kitchen for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Caleb Joshua Kitchen is recognized and congratulated for achieving the rank of Eagle Scout. 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 following Resolution be adopted: RESOLUTION TO RECOGNIZE AND CONGRATULATE ANDREW F. SMITH, IV FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Andrew F. Smith, IV is a member of Boy Scouts of America, Troop #36 and a resident of Isle of Wight County; and, WHEREAS, Mr. Smith has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Smith for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Andrew F. Smith, IV is recognized and congratulated for achieving the rank of Eagle Scout. 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. County Administrator Caskey formally introduced Ron D. Reck, the County's new Budget and Finance Director. Pamela Barton, Director of Social Services, briefed the Board on the recent results of a fire drill conducted at the Human Services Building and requested that the Board give consideration to funding the cost of a fire alarm system for that building. Supervisor Clark moved that the request be referred to staff for consideration by the Board at its 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. Brian Van Eerden, Director, The Nature Conservancy, presented a slideshow illustrating the natural, historic and recreational values of a 2,507 acre parcel of land located along 5.5 miles of the Blackwater River between Broadwater Road and Proctor's Bridge Road. He noted that this property will offer the County an opportunity to secure lasting protection of an irreplaceable landmark strongly tied to the County's rich and natural rural heritage. He advised that timber management on the property will contribute to the local forestal industry and will, over time, generate a source of revenue for the County. He stated that this property offers tremendous opportunities for youth education, fishing, boating, bird watching and other outdoor recreational activities. He stated that flooding along the Blackwater River is a concern for citizens who live and work in the watershed and the Corps of Engineers recently announced that it will be conducting a study of the Blackwater River and other Chowan watersheds to gain a better understanding of the causes of increased flooding and to identify ways in which to reduce the frequency of future flood events. He advised that the property is currently owned by Conservation Forestry, LLC, which acquired the tract, comprised of nine (9) separate parcels, from International Paper in 2006. He advised that The Nature Conservancy has secured $640,000 in funding on behalf of the County from the Virginia Department of Conservation and Recreation and the U.S. Fish and Wildlife Service. He advised that The Nature Conservancy is also pursuing additional funding opportunities on behalf of the County with Virginia's Secretary of Natural Resources and the National Oceanic and Atmospheric Administration. He advised that one (1) of the grants that The Nature Conservancy secured in 2007 for $400,000 is at risk of being lost if the funds can not be spent by the end of August of 2009 although The Nature Conservancy has been advised that an extension to the end of 2009 will be permitted if significant progress towards acquisition can be made. He advised that The Nature Conservancy would like to propose that the County formally consider partnering with The 4 Nature Conservancy on acquisition of the entire 2,507 acre tract in 2009. He advised that a 2007 appraisal placed the value at $1,363 per acre. He advised that The Nature Conservancy also recommends that the County make an offer in this per acre price range to purchase the entire 2,507 acres. He presented a draft Letter of Intent for the Board's consideration which would formalize the Board's intention to move forward with the purchase and sale agreement and setting a timeline for completion of the transaction. Supervisor Wright moved that the potential sale of the Blackwater parcel to the County be postponed until the Board's August 20, 2009 to allow the Board an opportunity to further study the proposal before taking action. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion, Eddie P. Wrightson, Director of General Services, briefed the Board regarding the proposed 40 -year Norfolk Water Agreement between the Western Tidewater Water Authority (WTWA), the County, the City of Suffolk and the City of Norfolk. He advised that this agreement will provide the Western Tidewater Water Authority 15 million gallons of surface water per day, of which the County will receive 3.75 million gallons of water per day and the City of Suffolk will receive 11.25 million gallons of water per day. He advised that future groundwater availability will be limited and development options of new surface water will be minimal. He advised that the agreement provides for a schedule which will allow the WTWA to begin taking three (3) million gallons of water per day beginning in 2014 with that amount increasing one (1) million gallons of water per day every two (2) years with the objective of allowing implementation to coincide with demand growth and spread across a larger customer base as it grows. He advised that the water rate contained in the proposed contract is $1.11 per 1,000 gallons of water with an annual CPI adjustment and reservation fee of 20% of the CPI adjusted rate beginning in 2011, which increases to 25% beginning in January of 2014. He advised that infrastructure costs associated with this project are estimated to be $22 million over the next five (5) years. He advised that the contract will secure a water source for the County for the next 20 -40 years; it will enable an expanded tax base through managed development and position the County for industrial growth; it will reduce the County's future reliance on the existing real estate tax base; and, it will avoid future conservation measures that could include development of moratoriums which would be devastating for the intermodal park. Andy Hecker, Moffitt & Nichols, addressed the Board concerning the potential consumption of water in the intermodal park as it is developed. David Rose, Davenport & Company, discussed financing and funding considerations associated with the intermodal park. He advised that $30 million dollars in capital funding requirements over the next five (5) years have been modeled into the County's overall finances. He advised that rating 5 agencies view the water capacity as a critical driver of economic development. He advised that the County should limit the amount of debt in the early years and keep cash flows as minimal as possible when the County is making its investments. He recommended that some interim funding be in place and that new development and the growing tax base pay for the debt. He recommended that a feasibility study be conducted based on cash flows so that the County can track where its been, where its going and any impacts to the citizens of the County. // Chairman Brown called for Citizens Comments. Rowland Lewis of the Newport District commented that he hopes that the action taken by the Board tonight with respect to the Norfolk Water Agreement and the Blackwater River turns out to be something that the County is proud of in the future. He commented that the Blackwater River could assist the County with water, too. He cautioned the Board to use extreme caution when dealing with the Cities of Norfolk and Virginia Beach, who are only looking out for themselves, and that it is a shame that the County let the water situation slip by years ago. He stated that he hopes the future is bright for the County and good decisions are made today that future children will be proud of. He stated there are many lawyers who reside in the County and who would be willing to go with the Chairman to Norfolk and Virginia Beach to show that the County is capable of taking care of its business. Jane March of Zuni commented that her water comes from her own well. She stated that the County's rate of growth has been inflated. She questioned the need for this investment and noted that there will also be infrastructure costs associated with this project. She stated many of these projections are unknown costs because everything costs more money and time than expected. She stated that the Board represents the citizens of the County and they should be taken into consideration before a decision is made on their behalf. She stated that citizens should also have some kind of influence in the decision. She stated that water usage is projected to increase every year and when the bill comes in, who will pay for this increase? She asked what if citizens have to make a choice between paying their mortgage and paying their water bill? She asked if they would lose their homes because they can not pay their water bill? She asked if they would have to be subsidized by some other funding so that they would not lose their water? She stated that water, food and shelter are the most basic needs that people have as human beings. She asked if these are now becoming a luxury and, if so, perhaps a luxury tax would be a way to acquire some of the funding needed. She asked about citizens like herself who have private wells and septic tanks. She stated that there is already a charge for services and products that she does not receive and that she is having to pay for everybody else. She asked what the extra charge will be called and inquired how the 6 County could justify another charge on top of what is already being charged to residents who do not get water or will not benefit from this water? She stated that somebody will have to pay for it before the companies come in that are going to be so big and bring in so much tax revenue. She stated that maybe this is where the subsidy will come from to pay for the people who can not pay their water bill who are on the County's water supply. She stated until the County is financially comfortable, someone will have to pay for it and the County should be thinking long and hard about how much of this expense is really necessary. Grace Keen of Benn's Church Boulevard stated that she has always respected the Board for the job they do for the County, but she has never thought for one (1) minute that the Board would obligate the citizens of the County to a 40 -year term water contract without giving the citizens an opportunity to study and offer their comments. She stated that she is disappointed in the Board's behind - the -scene action for what some people are saying is like shoving this water contract down their throats in hopes that they will digest it very quietly. She stated that she is not qualified to discuss the amount that the County will need; however, she is qualified to tell the Board that the Citizens' Association has been very alert when it comes to closed door meetings and believes that the government must be open to the public and when it is not, it gives them reason to doubt the Board is governing in their best interests. She stated that she comes to the Board tonight on behalf of many citizens of the County with the request that the Board not vote on the water project until a public hearing is held for the residents of this County who will be paying the bill for the Board's actions for many years to come. She stated if the Board votes for this project without conducting a public hearing, the Board will lose the respect of many residents who elected the Board to spend their tax dollars in their best interest. She stated she did not believe this project is in the best interest of the residents. Sadie Boyer of the Newport District commented that the Director of Economic Development had spoken at the Isle of Wight Citizens Association meeting some months ago, at which time she was asked about the development of the industrial park and how many houses would be there and how many jobs would be created. She stated that Ms. Perry's response had been that the County was not expecting a large increase in population and that manufacturing jobs, mainly warehousing, which would not require much population, were being solicited for that area. She stated that Mr. Hecker's estimates were that at full build out, there would be 25,000 jobs created and a good number of rooftops. She stated a letter from Mr. Brown to the editor of the newspaper this week stated that the Suffolk/Isle of Wight park is projected to bring in 50,000 employees and 80,000 to 100,000 population, although she is unsure how many of those will be in the County since it does include Suffolk and Isle of Wight. She requested clarification on the projections. 7 Bruce Powell stated that citizens lose trust in the Board when items are not discussed openly and citizens are not allowed to review the numbers and make their own decisions about issues. He stated that some people think that the water projections are too high, but it all depends on the assumptions used in the models. He requested the Board to postpone action tonight to allow additional time to determine the County has a sufficient amount of water to see it into the future. Thomas Finderson of the Newport District stated that he has spent a great deal of time studying the matter and, if anything, he believes that the estimates for projected water needs are low. He stated that the growth in Windsor has not been included and one (1) of the primary reasons that the County is trying to develop is because of the intermodal park. He stated that Smithfield Foods, which provides $750,000 in revenue, has cut its operation in half and International Paper is in decline, which provides $5.7 million dollars. He stated if these revenues are lost or further decline in the future, the County's tax rate could increase $.15. He stated even if the tax rate had to increase $.3 to $.5 in order to develop the water, the County would be ahead of the game in the end. He stated that developing industrial resources does come with a cost and the County is going to have to spend large sums of money if it is going to walk into the future. He stated all new businesses will eventually reimburse the County, whether it be in the way of proffers or water connection fees, but his true concern is that the availability of water is not sufficient. He stated that it takes courage for small counties to speak about these kinds of numbers and the Board must think in these terms if the County is going to have any future. Mark K. Hall of the Hardy District expressed concern relative to the correctness of the water projections. He stated that many of his concerns have been reduced by the presentation tonight with respect to the intermodal park because it is reasonable to believe that there will be economic development other than just moving intermodal units around that goes with the intermodal park that will require water. He requested that the Board postpone action tonight and solicit public input on this matter. He stated should the Board move forward tonight, it will be making a commitment to economic development and the County will need to work with the Chamber of Commerce to bring business into the County and support existing businesses. He stated that we will all have to work together to meet these goals if the Board commits to the water tonight because it will be committing to bringing in business and making the County an economic powerhouse in Hampton Roads. Glenn Musick of the Newport District stated that when the Board meets and conducts business, it is conducting his business and he does not have any business that can not be discussed openly. He stated that there is plenty of talent in the County and these individuals are here to serve, if called. He requested Chairman Brown, as Chairman, to take control of the Board and set the guidelines and let others follow him. 8 Sharon Hart of the Newport District commended the Board for its vision to secure what will become a very scarce commodity in the future. She stated that water is anticipated to compete with oil in the future and become more expensive in the future. She agreed that some contracts should not be negotiated in the public eye and need to be kept secret until an agreement is reached because there are other localities out there who may want to step up and compete, thus driving the cost up. She stated that citizens will not pay for capital improvements in their water bills and it will be addressed from other means as the County proceeds. She stated with reference to the letter to the editor that asked why clean businesses are not pursued instead of industry, there are only so many tech businesses that are willing to locate here and the County will not receive a lot of revenue from them. She stated that residents will soon be complaining about the cost of real estate and other taxes if some other industry is not secured. Delores Darden of the Windsor District stated it appears to be dependent on the intermodal park whether or not it will work in the County. She stated there is only one (1) scenario presented tonight and there are others that could be considered. She stated it looks like it will take 16 years for the intermodal park to reach 3,000,000 gallons of water per day and she would like to know when the 25 -year period begins. She stated if it begins 20 years from now, the water agreement will be completed and we are not even up to 3,000,000 per day for the intermodal park. She stated there are many variable costs and when looking at the 80% of the manufacturing and what the County needs to be looking at is the amount of industry it recruits, as well as the type of industries recruited and the amount of water usage. She stated that Route 460 is the biggest wild card in the whole scenario, as well as the infrastructure to get to the intermodal park. She stated that there are so many issues and so much debt that the County will be burdened in the future. She stated there are many variables to consider before any decision is reached by the Board. Sadie Boyer of the Newport District recommended that, in order to speed up site plan approval times for developers, the Development Review Committee (DRC) be abandoned and site plans be sent to the full Planning Commission, where, if approved, that would be the final step and, if not approved, would be sent to the Board of Supervisors. Chairman Brown declared a recess. Chairman Brown declared the recess over and called for the continuation of Citizens' Comments. Fran Herd of the Hardy District stated that the Board will be setting a precedent with respect to drainage easements if they vacate them even when deeded to the County. She advised that VDOT is requesting that the community club for Poplar Drive write a letter in order to have Poplar Drive 9 taken into the State's system. She advised that the community club for Poplar Drive is for recreational purposes and maintained by them. She stated that all easements in the past have been maintained by the homeowners who will continue to maintain them. Supervisor Clark noted that it is possible that the developer still owns the easements. He explained that simply because a developer deeds an easement over to the County does not mean that the County accepted them. He stated that if the County does not own an easement, it does not have the authority to vacate them. He requested that the matter be further discussed under the Transportation Report. Chairman Brown called for Board Comments. Supervisor Clark requested Interim County Attorney Burton to respond to the process taken with regard to the Norfolk water agreement and explain why the matter was handled in the manner in which it was handled. Interim County Attorney Burton advised that when there was the opportunity to enter into discussions regarding the purchase of water, the City of Norfolk stated as a condition for the City to enter talks with the Western Tidewater Water Authority (WTWA), which includes the County, it would require that those discussions be private until the terms of agreement were reached. He stated once the terms of agreement are made, then the contract becomes a public document and all the terms that the WTWA agrees to are available to all members of the public. He stated that the Virginia Freedom of Information Act recognizes the sensitivity of negotiating contracts in a private setting versus a public setting. He stated that the Board needs to be very careful in terms of the strategies that the County has in terms of negotiating its terms with the other party so as not to give up any advantages the Board may have in negotiating the terms of the contract. He advised that once the deal is made, everything is open to the public. He commented that water is a very valuable commodity in the Tidewater area and he is confident that there are many other jurisdictions that would like to talk to the City of Norfolk about acquiring water from them. Supervisor Casteen commented that the Board could have better focused its discussion on demand and what level is appropriate. He stated that the Master Water and Sewer Plan states "obtaining one (1) million gallons should be sufficient to meet the County's needs in the Windsor Development Service District for the next 30 years." He commented that there is currently 1.3 million square feet operating in the industrial park on 5,000 gallons per day and the 8 million build out would be six (6) times that amount. 10 Supervisor Clark pointed out that there are many different types of industry uses and they all require different amounts of water. Supervisor Casteen commented that intermodal parks are primarily the same uses and he inquired if the same kind of industry that has been attracted in the past is what is being attracted today. Supervisor Clark commented that there is a wide variety of types of uses that can be attracted by an intermodal park and the variety is what is desirable to the County. He noted that some of the industrial heavy uses require large amounts of water usage which needs to be available or that industry will not be attracted to the park. He stated it is fool hearty to pass up on the vision of this intermodal facility and not allow the County to have the full measure of business attraction potential for that facility. He stated if the water is shortchanged, the County will miss out on an entire generation of business growth. Supervisor Casteen commented that the timing of the demand for the water is premature. Supervisor Clark stated that there must be a vision of where the County is going with regard to jobs and diversifying its tax base and that is what this agreement gives the County a chance to do. He stated that water is a basic essential need for the County's commercial development and this is a constitutionally sound approach for the County to take. Supervisor Casteen commented that it might be wise to wait and pursue additional water when the County is using at least half of what it is currently using. Supervisor Bradshaw commented that the County's number one (1) priority in its Strategic Plan is the intermodal park and it can not be developed without the proper utilities and infrastructure. He stated that the number one (1) taxpayer in the County is International Paper which use to represent 40% of the tax base and now represents 25% of the tax base because its size is being decreased. He asked what will happen in five (5) years if International Paper continues to decline and the real estate tax increases by $.20. Supervisor Casteen commented that he is concerned about the real estate tax rate increasing $.20 because what if the County does not attract business over the next ten (10) years and the County has to pay for what is being done now. Supervisor Bradshaw stated that 1,800 to 2,000 acres of Norfolk Southern's tract is not in the County's economic projections and is actively being marketed by Norfolk Southern. 11 Supervisor Casteen commented that the Norfolk contract summary indicates the document to be a 40 -year contract beginning in 2008 and ending in 2048. He inquired if the contract begins in 2008 or in 2009. Mr. Wrightson advised that the contract contains a reserve fee provision which keeps the City of Norfolk from talking to other parties which requires that the County owe a payment to the City of Norfolk for last fiscal year. Supervisor Bradshaw moved that all questions posed by citizens this evening with regard to the Norfolk - Western Tidewater Water Authority (WTWA) Raw Water Sales Agreement will be answered by staff and posted on the County's website and Peg Channel. 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 Regional Reports. Pamela Barton, Director of Social Services, presented a funding request for a fire alarm system for the Human Resources Building and that part of the funds that were returned at the end of the fiscal year from the Department of Social Services be considered as an offset to pay for the fire alarm system. She also advised that in connection with the City of Franklin and Southampton County Social Services', Isle of Wight County Social Services submitted a grant for homeless prevention and rapid rehousing in the amount of $300,000 and that 70% of that money would go to eligible citizens for rent assistance, past utility bills, etc. She advised that staff anticipates hearing whether the grant is approved later in the month. She advised that Social Services participated with the County with the summer youth employment program, of which there were I 1 participants, which taught these individuals organizational skills, purchased interview outfits for them, taught them about resumes, nutrition, safety, human resources, substance abuse and budgeting. Chairman Brown reported that on July 2, 2009, a storm occurred in the County which resulted in downed power lines on the James River Bridge; that power was lost on the MM Bridge Tunnel and Hampton Roads Bridge Tunnel; and, that a tractor trailer overturned on the Chesapeake Bay Bridge Tunnel. He stated as a result of the grid lock that occurred, a review panel has been created to investigate what could be done in the future in order to prevent these impacts from reoccurring in the future. He further reported that Dr. James Holley has been elected as the Chairman of the Caucus and Walt Zaremba had been elected Vice- Chairman. He also stated that certain rest areas are being closed by VDOT due to lack of funds to maintain them. Supervisor Casteen reported that there was unanimous agreement by the Smithfield Intergovernmental Relations Committee members that water 12 would be traded from the County to the Town of Smithfield to replace the water that the Town is presently supplying to Gatling Pointe. He advised that the Town of Smithfield would not be purchasing water from the County at this time. Supervisor Wright advised that the Southeastern Public Service Authority received three (3) bids with respect to the steam power plant and negotiations regarding same are ongoing. Supervisor Bradshaw advised that the VACo Board of Directors will meet next week, as well as the Energy Committee and that later that same day, the new VACo Headquarters Building in Richmond will be dedicated. Supervisor Wright reported that the kick -off of the "Isle be Green" program yesterday was well attended. Supervisor Wright requested that an IT representative be present at the Fire and Rescue meeting on September 2, 2009. Supervisor Bradshaw reported that the Finance Committee discussed the capital funding for the Luter Family YMCA and directed County Administrator Caskey to meet with Interim County Attorney Burton to discuss certain legal issues that arose during the discussion. He further reported that the CHIP Program had also been discussed and will be taken into consideration, along with a number of other requests for funding that were not addressed during the budget process, at the Board's December 3 2009 meeting, pursuant to direction taken by the Board at its April 2009 meeting. He advised that the Commissioner of Revenue provided a detailed briefing to the Committee and County Administrator Caskey has provided a copy of that briefing to the other Board members for their information. Supervisor Bradshaw moved that consideration of the Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Commonwealth's Attorney's Office be moved to Old Business for 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. Supervisor Bradshaw advised that the Commissioner of Revenue had provided a detailed briefing to the Board's Budget and Finance Committee involving current housing sales being flat and his projections on personal property, of which the value is now increasing. He advised that the Commissioner of Revenue will brief the full Board at its next meeting. Supervisor Bradshaw advised that there will be a meeting at the Paul D. Camp Workforce Center next Monday to solicit public comments relative the County moving forward with the other four (4) localities relative to the Blackwater River being designated as a scenic river. 13 Supervisor Bradshaw advised that the Chowan River Flood Study has received funding in support of that effort from the Senate. Chairman Brown called for the Transportation report. Eddie P. Wrightson, Director of General Services, advised that the directional signage for Battery Park and Rescue has been installed. Supervisor Clark requested staff to continuing pursuing the proper signage for Historic Smithfield. Regarding the reallocation of project funds provided by the American Recovery and Reinvestment Act (ARRA) of 2009, Supervisor Bradshaw moved that staff be authorized to advise the Hampton Roads Transportation Planning Organization (HRTPO) to delete the Route 258 Flooding Prevention and the Route 460/644 Preventative Maintenance projects; add the three (3) following projects; and, amend the Transportation Improvement Program (TIP) to reflect the changes: 1) Extend the left-turn lane at Kings Cove Way on Route 17 /Carrollton Boulevard (Approximately $120,000); 2.) Continue crack seal and overlay (maximum overlay two (2) inches) on Business Route 58 /Carrsville Highway from See -Gar Drive (Route 613) east to the County /Suffolk line. Approximately one -half mile. Continue overlay on Business Route 58 west of Community House Drive (Route 1702) toward Route 258, as funds allow. (Approximately $295,000) 3.) Feasibility study to provide pedestrian access from residential centers on Route 258, on the outskirts of Windsor, which connect to Windsor Middle School and tie into existing network of sidewalks (Approximately $20,000) 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 reported on a recent meeting with Congressman Forbes relative to various projects, such as the Zuni flooding project, which will be addressed next year, and the Workforce Center project. Regarding Ms. Herd's comments relative to Poplar Drive earlier under Citizens' Comments, Supervisor Clark moved that the matter be directed to Interim County Attorney Burton to determine if the County owns the 14 easement and has accepted it and, if so, the County will take responsibility for it and consider the matter later. 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. Hyrum L. Morton, Jr., President of the Rushmere Shores Association, advised that many of the residents on Poplar Drive are retired and that area's assessments are high, however, these residents do not receive any of the benefits that are associated with the Lawnes Pointe development, such as paved roads and fire hydrants. Supervisor Clark advised Mr. Morton that the paved roads in the Lawnes Pointe development were paid for by the developer of that subdivision. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CLOSE OUT AND TRANSFER THE REMAINING FUND BALANCE FROM REVENUE SHARING PROJECT 0648 - 046 -P21, N503, UPC -4695 (DUCK TOWN ROAD) TO PROJECT 0647 - 046 -P29, UPC 8321 (POPE SWAMP TRAIL) WHEREAS, in Fiscal Year 2003 -04, the County of Isle of Wight elected to participate in the Virginia Department of Transportation Revenue Sharing Program for project 0648- 046 -P21, N503, UPC -4695, Duck Town Road, for a total of $328,000 ($164,000 county match and $164,000 state match), and WHEREAS, project 0648 - 046 -P21, N503, UPC -4695 is complete and there is a balance of funds remaining, and WHEREAS, the County of Isle of Wight would like to transfer the funds from project 0648 - 046 -P21, N503, UPC -4695, totaling $148,554 to project 0647 - 046 -P29, UPC 8321 (Pope Swamp Trail), NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors requests that the Fiscal Year 2003 -04 revenue sharing funds in the amount of $1 48,554 ($74,277 county match and $74,277 state match) be transferred from project 0648 - 046 -P21, N503, UPC -4595 to project 0647 - 046 -P29, UPC 8321. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Department of Transportation. 15 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 requested staff to investigate and report back to the Board on the drainage problem at the intersection of Smith's Neck Road and Route 17. Supervisor Casteen advised that he had spoken with the Smithfield Town Council regarding the addition of a right -turn lane from Battery Park Road to Nike Park Road and that a "roundabout" has been proffered for that intersection for the Mallory Point development and when that development begins, they will be addressing that area. /1 Chairman Brown called for the County Attorney's report. Interim County Attorney Burton requested the Board's consideration of a Resolution to Authorize the Execution of the Norfolk- Western Tidewater Water Authority (WTWA) Raw Water Sales Agreement. Supervisor Clark moved that consideration of the Resolution be postponed until 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 the Board's consideration of the report and proposed ordinance presented to the Board at its July 16, 2009 meeting with respect to the renewal of the Charter Cable franchise. He added that staff has also sent the agreement to the Town Managers and Attorneys for Smithfield and Windsor and inquired as to whether there could be some exploratory discussions about entering into a common period of time to renew all franchises or if they had any input into the process they would like to relay. He advised that he would also be soliciting input from the School Superintendent in the near future. Supervisor Clark moved that Interim County Attorney Burton be authorized to send the report and proposed ordinance to Charter for its review. 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 the bankruptcy court has continued Charter's reorganization plan until November 22, 2009 and, in the meantime, Charter is to continue to conduct its operations and receive direction from its Board of Directors. He advised that staff has confirmed 16 with Charter that the number of customers in the County under the Charter franchise is 3,282 and that other information provided to the County by Charter has caused staff to question whether the amount of the franchise fee that Charter is suppose to pay the County is being adequately reported. He advised that staff is in the process of investigating the possibility that there may be some additional monies that the County is owed by Charter. Interim County Attorney Burton advised that he has six (6) closed meeting to discuss with the Board later during the closed meeting. // Chairman Brown called for the General Services report. Mr. Wright presented an engineering services agreement for the Board's consideration. Supervisor Bradshaw moved that the Board approve the revised Engineering Services Agreement which incorporates a provision requiring that the applicant or landowner pay expenses for third -party engineering reviews of project elements that are unable to be performed in house. 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. Gerald H. Gwaltney, Commissioner of the Revenue, provided a presentation to the Board regarding a real estate assessment software module for assessment and photographing of structures. Supervisor Bradshaw moved that the real estate assessment software (Market Analysis Module) recommended by the Commissioner of the Revenue be purchased and that a resolution appropriating the necessary funding be placed in the Consent Agenda for 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. Mr. Gwaltney requested the Board's approval of an amendment to a reassessment contract with Wampler Eanes to photograph all structures in the County. Supervisor Bradshaw moved that the reassessment contract with Wampler Eanes be amended, as recommended by the Commissioner of the Revenue, to allow the photographing of all structures in the County. The 17 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. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 1, Article XV, Sections 15.0 -15.5 B. Opportunity Inc. /Summer Youth Employment Program Resolution to Accept and Appropriate Funds for the Opportunity Inc. /Summer Youth Employment Grant C. Holland - Councill Memorial Bridge Signage D. Stormwater Management Regulations Resolution to Oppose Proposed Stormwater Management Regulations E. Monthly Engineering Project Status Report F. Litter Pick Up G. Shirley T. Holland Commerce Park, Phase II, Water Quality Impact Assessment (WQIA) H. Delinquent Real Estate Tax Collection Monthly Report I. May 21, 2009 Regular Meeting Minutes Supervisor Wright moved that the Consent Agenda be approved as presented. 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. Chairman Brown moved that Otto Williams be appointed to the Board of Assessors representing the Hardy 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 Wright moved that Hannah Wise Holland be appointed to serve on the Refuse Committee, representing the Windsor 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 Wright moved that Jesse Lynn Gwaltney be appointed to the Redistricting Committee for the 2010 Census representing the Windsor 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 Wright moved that Teresa Beale be appointed to the Redistricting Committee for the 2010 Census representing the Windsor 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 Clark moved that Win Winslow be nominated to serve on the Southeastern Public Service Authority and that his name be submitted 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. // Chairman Brown called for Old Business. 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 DRC as the reviewing body to review and approve development proposals and waiver requests within the aforementioned districts. 19 Matthew Smolnik, Planner, recalled that the ordinance amendments were presented to the Board at its July 16, 2009 meeting at which time the Board voted to defer action until its August 6, 2009 meeting. Supervisor Clark moved that action on the Ordinance be postponed until the Board's August 20, 2009 meeting to allow the Board to consider the amendments further. 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. B. 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. Ms. Walkup recalled that the Board had considered the above application at its July 16, 2009 meeting and voted to defer action until its August 6, 2009 meeting. Supervisor Casteen moved that action on the application be postponed until the Board's August 20, 2009 meeting to allow the Board to additional time to review the application. The motion was adopted by a vote of (3 -1 -0) with Supervisors Casteen, Clark and Wright voting in favor of the motion; Supervisor Bradshaw voting in opposition to the motion; and, Chairman Brown absent for the vote. C. Tourism Funding Judy H. Winslow, Director of Tourism, appeared and offered to answer any questions the Board might have with respect to the Tourism budget. D. Funding Request by CHIP Steering Committee Supervisor Casteen commented that the funding request was discussed earlier under Regional Reports, Finance Committee Report. E. Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Commonwealth's Attorney's Office Supervisor Clark moved that the following Resolution be adopted: 20 RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR COMMONWEALTH'S ATTORNEY'S OFFICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized funding to supplement a position in the Commonwealth' s Attorney's Office; and, WHEREAS, funds in the amount of four thousand three hundred and fifty seven dollars ($4,357) needs to be appropriated to the appropriate line items in the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that four thousand three hundred and fifty seven dollars ($4,357) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Brown absent for the vote. Supervisor Wright inquired if any efforts are moving forward with respect to filling the Extension Agent's position. Supervisor Bradshaw requested that County Administrator Caskey include a status report on the Extension Agent's position under the Consent Agenda for the Board's September 3, 2009 meeting. // Vice - Chairman Bradshaw called for New Business. Noting a conflict with his schedule, Supervisor Clark moved that the Board's December 3, 2009 meeting be cancelled and that the December 17, 2009 meeting be changed to 4:00 p.m. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion: no Supervisors voting against the motion; and, Chairman Brown absent for the vote. // 21 Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.3 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Smithfield District; pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority; pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to ReEnergy Holdings, LLC; pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Division of Environmental Quality Consent Order; pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to the K -9 Interdiction zoning; and, pursuant to Sections 2.2- 3711.A.3 and A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Newport Magisterial District. Supervisor Wright 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 (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion: no Supervisors voting against the motion; and, Chairman Brown absent for the vote. Supervisor Bradshaw moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified 22 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 I/ Supervisor Bradshaw moved that staff be directed to list a separate Citizens Comments section pertaining to the water agreement with the Western Tidewater Water Authority. 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. Lisa T. Perry, Director of Economic Development, briefed the Board on a proposed building for use on Route 10 Located next to the Isle of Wight County Industrial Park that could be utilized for a work force center. Supervisor Wright suggested Ms. Perry check into the feasibility of using some of the warehouse at Cost Plus, which is an ideal location and is ready for use except for the possible installation of a fence. Chairman Brown suggested that training and classes take place at the same location. Ms. Perry offered to have a meeting with Bob Leber per the suggestion of Supervisor Bradshaw and that she would also have representatives from the P. D. Camp Community College Board make a presentation at the Workforce Task Force meeting being conducted by her next week. Supervisor Wright moved that the Director of Economic Development be authorized to work with the Work Force Task Committee. 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. 1/ At 10:30 p.m., Chairman Brown moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors 23 Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motion. Carey Mills orm, Clerk 24 s B. Brown, Jr., Chairm