11-18-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF NOVEMBER IN
THE YEAR TWO THOUSAND AND TEN
PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice- Chairman
Al Casteen
Stan D. Clark
JoAnn W. Hall
Also Attending:
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A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
LuAnn Delosreyes, Deputy Clerk
Chairman Bradshaw called the meeting to order at 5:00 p.m.
Supervisor Hall delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Bradshaw called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney's report, add authorization to
advertise for public hearing on December 16, 2010 an Ordinance to Amend
and Reenact the Isle of Wight County Code by Enacting Chapter 14. Sewers
and Sewage Disposal. Article XV. Use of Public Sewer System; under the
County Attorney's report, add the annual review of the Rules of Procedure;
under the County Attorney's report, add authorization of a termination of a
lease agreement between the County and Social Services; combine the three
(3) School Board items under the County Administrator's report with the
Special Presentation regarding Windsor Middle School; under County
Attorney's report, add authorization to approve the Purchase Agreement for
the Sentara property in downtown Smithfield; add a closed meeting item
regarding potential litigation per Supervisor Clark; and, add a closed meeting
item regarding a personnel issue per County Administrator Caskey.
Supervisor Wright moved that the agenda be adopted, as amended.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Bradshaw called for Special Presentations /Appearances.
Chief Sullivan displayed a dog that is currently available for adoption
at the County's animal shelter.
Sheriff C. W. Phelps presented Lt. Colonel Hines with his service
weapon and identification badge upon his retirement from the Sheriff's
office.
Constance Rhodes, Executive Director, Chamber of Commerce,
advised that G &G Cycleworks would not be present tonight as part of the
small business close -up segment of the agenda. She thanked Chairman
Bradshaw for his contributions on behalf of the County upon his departure
from the Board.
Chairman Bradshaw excused himself from the next discussion on the
Windsor Middle School noting a possible conflict of interest as he has
recently accepted the position of the School's Chief Financial Officer.
Peter Andreu, Isle of Wight County Schools, briefed the Board
regarding a proposal for a new Windsor Middle School. He advised that it
would be more cost effective to build a new facility than to renovate the
existing one.
Jill Mizelle, Technology Teacher, Windsor Middle School, invited the
Board to take a tour of Smithfield Middle and Windsor Middle schools
during school hours. She advised that students in the southern end of the
County should be offered equal educational opportunities which are currently
not available. She provided a photo tour of Windsor Middle School pointing
out the differences between the County's two (2) middle schools.
Ms. Getz, Principal, Windsor Middle School, advised that the cost of
renovation has been determined to be higher than that of building a new
school. She commented that the renovation of a facility with sections
between 48 and 61 years old is not a sound long -term solution; that a
renovated Windsor Middle School will not be comparable to the current
Smithfield Middle School; that a renovation and addition project will require
construction phasing and place a heavy burden on students and staff at
Windsor Middle School; that Windsor Middle School has numerous
hazardous building materials; that a new school can be constructed at the
existing site with very limited impact to ongoing operations; that many areas
of the existing building to do not meet the size or quantity recommendations
set forth by the Virginia Department of Education; that the existing building
has numerous issues with non - compliance with handicapped accessibility;
that the existing building has numerous deficiencies in structural, plumbing,
mechanical and electrical systems, which will require extensive replacement
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systems; that the existing building has structural clearance issues that make
renovation challenging for the HVAC systems; and, that time is critical as the
current market is providing competitive construction bids and prices are
anticipated to increase with an improved economy. She commented that the
existing building smells bad; the air conditioning is loud and will not allow a
bystander to hear what the students and teachers are saying to one (1)
another; certain sections of the building are so stifling when the heat is turned
on that windows need to be opened during the winter months, whereas other
parts of the building are chilly and require a jacket; some of the windows are
about to fall out of the wall; there are major technology limitations due to the
challenges of a very old building; there is no hot water in the bathrooms;
there are wasps in the building which come in from the loose windows; and,
announcements can only be heard if you are in the classrooms. She requested
the Board to vote in favor of a new Windsor Middle School.
Mr. Andreu requested permission for the School Board to prequalify
for an interest -free loan from the State.
Supervisor Clark moved that the Board approve the School Board
prequalifying for a construction bond (file for an interest -free loan). The
motion was adopted by a vote of (3-1-1) with Supervisors Clark, Hall and
Wright voting in favor of the motion; Supervisor Casteen voting against the
motion; and, Chairman Bradshaw abstaining from voting.
Supervisor Clark requested Mr. Andreu to contact his office with a
good time for him to conduct a tour of the existing Windsor Middle School
facility.
County Administrator Caskey presented a Resolution to Reappropriate
the Isle of Wight County Schools State Carry Forward Funds Related to
Purchase Orders for the Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO REAPPROPRIATE THE ISLE OF WIGHT
COUNTY SCHOOLS STATE CARRY FORWARD FUNDS
RELATED TO PURCHASE ORDERS
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia authorizes the state carry forward funds related to purchase
orders totaling $1,059,830.65 (one million, fifty-nine thousand, eight
hundred thirty dollars and sixty -five cents) of the Isle of Wight County
Schools be reappropriated to the school board's budget for fiscal year
2010 -11; and,
WHEREAS, Section 22.1 -100, Chapter 872, 2010, Code of
Virginia, Acts of Assembly states "any locality that has met its required
local effort for the Standards of Quality accounts for fiscal year 2010 or
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that has met its required local match for incentive or Lottery - funded
programs in which the locality elected to participate in fiscal year 2010
may carry over into fiscal year 2011 any remaining state fund balances
available to help minimize any fiscal year 2011 revenue adjustments that
may occur in state funding to that locality ".
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED
that the Board of Supervisors of Isle of Wight County, Virginia,
pursuant to Code of Virginia Section 22- 1 - 100, Chapter 872, authorizes
the state carry forward funds shall be reappropriated to the school
board's budget for fiscal year 2011.
The motion was adopted by a vote of (4 -0 -1) with Supervisors Casteen,
Clark, Hall and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Chairman Bradshaw abstaining from voting.
County Administrator Caskey presented a Resolution to Reappropriate
the Isle of Wight County Schools State Carry Forward Funds Related to
Unspent Funds for the Board's consideration.
Supervisor Clark commented that the Superintendent of Schools has
not yet provided an explanation regarding the moving of costs from capital
expenditures for operating costs, as requested by the Board at its October 18,
2010 meeting. He stated that he could not support the request until the
Superintendent has provided that information.
Dr. McPherson advised that the funds had been taken from the
maintenance line item as it was a maintenance project. He stated if it would
have been a capital project, it would have been in the Capital Improvements
Plan. He advised that repairs were needed and County staff had instructed
his staff to make the repairs.
Supervisor Wright moved that the Resolution be tabled until the
Board's December 16, 2010 meeting in order to allow the Superintendent an
opportunity to provide the following information:
County Administrator Caskey and Dr. McPherson to provide a
report on how it happened and why that the County required the
Schools to perform certain upgrades and did not provide the
Schools adequate time to include those upgrades in the next
Capital Budget.
provide additional information with respect to what the funds
will be used for.
. develop an outline detailing what funds were spent and why they
were expended.
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The motion was adopted by a vote of (4 -0 -1) with Supervisors Casteen,
Clark, Hall and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Chairman Bradshaw abstaining from voting.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, noted that contained in the agenda is information
responsive to a recent newspaper article regarding what specific capital
projects were paid for by the County with more than a half million dollars in
proffer money. He advised that the Board was apprised in FY2009 -10 that
the County had collected $92,445 and expended $515,000, according to a
2010 Commission on Local Government Survey of Cash Proffers Accepted
by Local Governments. He noted that expenditures were appropriately
attributed to the categories of Parks, Recreation and Open Space, Fire and
Rescue /Public Safety, and Miscellaneous, which included funding for
contributions to capital projects for the YMCA ($50,000) and Red Cross
($50,000), equipment for General Services ($180,000), and an electronic poll
book system for the Electoral Board ($15,000).
Chairman Bradshaw moved that the VDOT representatives address the
Board at this point in the agenda. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Mr. Scott, VDOT, responsive to a letter received from the County
Administrator to Mr. Heuer, dated October 22, 2010, advised that an update
on County projects for the previous six (6) years will be provided to the
Board in January 2011. He identified the following as priorities in the
County's Six -Year Plan: Pope Swamp Trail in the amount of $582,000;
Ballard Road in the amount of $472,500; Poor House Road in the amount of
$105,000; Hall Town Road in the amount of $315,000; and the westbound
sidewalk project in the Town of Windsor in the amount of $105,000,
representing a total of $1.7 million dollars. He advised that VDOT would be
repairing the deteriorating pavement at the United States Post Office in the
Town of Windsor, although it will not be a permanent repair because the
entire intersection needs to be rehabilitated. He stated with regard to the
signal retiming and left-turn movements in the Town of Windsor, VDOT will
investigate and determine how the level of service is being impacted and
follow up with the Board. He advised that signs have been installed along
Route 460 to detour traffic away from the intersection. He advised that
VDOT has determined that a stop light at Roberts Avenue and Route 460 is
not warranted at this time.
Supervisor Casteen reiterated his request that the lanes in Smithfield to
the right and the left where it crosses Main Street be extended.
Joseph Lomax, VDOT, advised that VDOT will attempt to replace the
curb and gutter on both lanes on Route 460. He advised that excavation will
be necessary at that site and VDOT will perform the work as expeditiously as
possible. He advised that the majority of work related to paving and the
Route 17 project will occur in late spring of 2011. He advised that ditching
efforts along Route 603, Shiloh Drive, Cut Through Road, Burdett Road and
Colosse Road have been completed and Five Forks Road and Knoxville Road
are in the process of being performed. He advised that work on Routes 10
and 258 will be completed by March of 2011.
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Chairman Bradshaw called for consideration of the Consent Agenda.
A. Fair Committee By -Laws
B. Draft Policy /Use of Joel C. Bradshaw Fairgrounds and
Concessionaires in County Parks
C. Safety Training Update
D. Department of Motor Vehicles
Resolution to Accept and Appropriate Funding from the
Virginia Department of Motor Vehicles
E. Pesticide Container Recycling Program
Resolution to Accept and Appropriate $1,875 from the
Commonwealth of Virginia Department of Agriculture and
Consumer Services
F. Quarterly Engineering Project Status Report
G. Fiscal Year 2010 -11 Monthly Financial Reports for County and
Schools
H. Delinquent Real Estate Tax Collection Monthly Report
I. September 2, 2010 Regular Meeting Minutes
J. September 23, 2010 Regular Meeting Minutes
K. October 12, 2010 Joint Meeting Minutes
L. October 18, 2010 Regular Meeting Minutes
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Supervisor Casteen moved that Item (G.) Fiscal Year 2010 -11 Monthly
Financial Reports for County and Schools, be removed from the Consent
Agenda and that the remaining items be approved. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Casteen moved to approve Item (G.) Fiscal Year 2010 -11
Monthly Financial Reports for County and Schools. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Bradshaw declared a break.
Chairman Bradshaw called for Regional Reports.
Regarding the Coalition of High Growth Communities, Supervisor
Clark reported that growth control measures were discussed with respect to
impact fees and proffers.
Regarding the Hampton Roads Metropolitan Planning Organization,
Supervisor Clark reported that the Long -Range Transportation Plan was
discussed with respect to how the public private partnership will be
conducted, as well as when, where, what that will include and how it will
affect the surrounding area. He advised that the public private partnership for
the Hampton Roads Bridge Tunnel includes tolling all the bridges and
tunnels in the area in the amount of $4 to $6 per trip across.
Regarding the Hampton Roads Planning District Commission,
Supervisor CIark reported that he is serving as the new Chairman and the
concern is the affect of the new regulations with respect to total maximum
daily loads in the Chesapeake Bay.
Regarding the Mayors and Chairs Caucus, Chairman Bradshaw
reported that the County hosted the meeting this month in Smithfield. He
advised that Mayor Johnson from the City of Suffolk was elected the new
Chairman. He advised that the Caucus' new meeting schedule is being
developed with the possibility of only meeting every other month.
Regarding the Smithfield Intergovernmental Relations Committee,
Supervisor Clark reported that he and Supervisor Casteen had received a
status report from the Smithfield Town Manager with respect to Pinewood
Heights and the Smithfield Volunteer Fire Department. He further reported
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that yard waste recycling was also discussed, to include a review of the water
conservation policies with respect to irrigation water use in residential
subdivisions.
Regarding the Southeastern Public Service Authority, County
Administrator Caskey reported that SPSA had adopted its Strategic Plan for
FY2011 -16 and set a public hearing at its December meeting to adopt a new
tipping fee, which is proposed to be reduced from $150 a ton to $145 per ton,
which could result in a savings to the County of approximately $50,000 for
the remainder of this fiscal year. He advised if the proposed tipping fee is
adopted by the SPSA Board, it will become effective January 1, 2011.
Regarding the Southside Mayors and Chairs, Chairman Bradshaw
reported that regional transportation issues were discussed.
Regarding the VACo /Board of Directors, Chairman Bradshaw reported
that Bob Atkins was elected as the new President and that Harrison Moody
from Dinwiddie County was elected as the Treasurer.
Regarding the Western Tidewater Regional Jail Authority, Supervisor
Wright reported that the Jail Superintendent had received an above average
evaluation. He advised that an audit report did reveal that the Jail is in good
financial standing.
Supervisor Wright recognized Beverly H. Walkup, Director of
Planning and Zoning, who, on behalf of the County, attended a Virginia
Housing Awards luncheon and received an award for the Booker T. Estates
project.
Chairman Bradshaw called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, presented a
Resolution of Support and Endorsement for Amending the 2030 Hampton
Roads Long -Range Transportation Plan to Include Construction of U.S.
Route 460 (Bowers Hill to Southampton County) for the Board's
consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION OF SUPPORT AND ENDORSEMENT
FOR AMENDING THE 2030 HAMPTON ROADS LONG -RANGE
TRANSPORTATION PLAN TO INCLUDE CONSTRUCTION OF U.S.
ROUTE 460 (BOWERS HILL TO SOUTHAMPTON COUNTY)
WHEREAS, by letter to the Hampton Roads Planning District
Commission, the Commonwealth Transportation Commissioner has
requested an amendment to the Hampton Roads 2030 Long -Range
Transportation Plan (LRTP) to include construction improvements to U.S.
Route 460; and
WHEREAS, the new realigned Route 460 is a stated priority of
Governor McDonnell; and
WHEREAS, improvements to the Route 460 corridor are critical to the
continued growth and success of the Port of Virginia and the economic health
of the Commonwealth; and
WHEREAS, the improved Route 460 will provide a needed evacuation
route for Hampton Roads residents; and
WHEREAS, three private consortiums have submitted proposals to the
Commonwealth to develop an alternate Route 460 as a public - private
partnership; and
WHEREAS, the Virginia Department of Transportation and the Federal
Highway Administration are working to demonstrate the financial viability of
the new Route 460.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia supports
and endorses an amendment to the Hampton Roads 2030 Long -Range
Transportation Plan (LRTP) to include construction improvements to U.S.
Route 460.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Wright moved that the Chairman be authorized to forward
County staff's written comments on the conceptual proposals to VDOT. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Wrightson advised that the County traditionally receives a request
from the Virginia Department of Transportation asking the County to advise
if it has any intent to apply for FY 2012 Revenue Sharing Funds. He advised
that the County had previously applied for $1,000,000 in 2011 for the
intersection of Brewers Neck and Benn's Church Boulevard and received
$461,000 from VDOT. He requested that the Board authorize the County
Administrator to advise VDOT that it is the County's intent to apply for the
balance of the unapproved funds from the County's FY2011 application or
$539,906.
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Supervisor Hall moved that the County Administrator be authorized to
advise VDOT that the County's intent is to apply for the balance of the
unapproved funds from the County's FY2011 application or $539,906. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Wrightson advised that VDOT has established a new operation
blueprint in response to new State revenues and budget cuts. He advised that
staff has evaluated options in which to respond to those changes and is
recommending that the Board establish a Transportation Committee.
Chairman Bradshaw duly noted that the "Building and Grounds"
Committee be renamed the "Building and Grounds /Transportation"
Committee and that Supervisors Casteen and Clark continue to serve on the
Committee for the remainder of 2010.
Pat Clark, on behalf of the Isle of Wight Citizens Association, thanked
Chairman Bradshaw for his service to the County and its citizens. He spoke
favorably of a VDOT representative attending the Board's meeting at least
quarterly.
Ed Easter of Hideaway Lane voiced opposition to private industry
controlling Virginia roads.
Antoinette R. Basham of Smithfield expressed concern with the left
turn lane (going towards the James River Bridge) at the entrance to Eagle
Harbor from Route 17.
Supervisor Clark moved that staff be directed to meet with VDOT
regarding the left-turn lane at the entrance to Eagle Harbor. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
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Chairman Bradshaw called for Citizens Comments.
Michelle McManus, PTA President and a member of the Committee
formed to study whether or not to renovate the existing Windsor Middle
School or build a new facility, addressed the Board concerning the need to
build a new Windsor Middle School facility.
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At 7:00 p.m., Supervisor Wright moved to amend the regular order of
the agenda in order to conduct the public hearings. The motion was adopted
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by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Bradshaw called for a public hearing on the following:
The application of Eagle Harbor Apartments -II, LP, applicant/owner, to
amend proffered conditions of approximately 19.96 acres of Iand
located on the northwest side of Carrollton Boulevard (Route
17/258/32), in the Newport Election District. The request is to amend
Zoning Case #ZA- 03 -09, approved July 16, 2009, to allow adjustment
to the original voluntary cash proffer commitment.
Beverly H. Walkup, Director of Planning and Zoning, advised that 70%
of the residential has been platted and 20% of the commercial has been
developed. She advised that since 2002, the net taxable real estate
investment from the development has increased from $18 million to $306
million, yielding a tax benefit from the added real estate investment of
$137,000 to $1.6 million annually. She advised that Eagle Harbor represents
11% of the total improved parcels in the Newport District and pays 18% of
the real estate taxes. She advised that in February of 2003, Eagle Harbor
advanced to step two (2) on the sliding scale with the construction of the
Eagle Harbor shopping center. She advised that phase one (1) of the Eagle
Harbor apartments began in 2005 with a residential cash proffer of $500 per
unit. She advised that the subject phase of the Eagle Harbor apartments was
rezoned from Conditional General Commercial to Conditional Planned
Development — Residential by the Board on July 16, 2009 and the total site
area contains approximately 19.96 acres and proposes 144 multi - family
dwelling units as an expansion of the existing 240 unit Eagle Harbor
apartment complex. She advised that the applicant has proposed a proffer
amendment that would allow a reduction in the total cash proffer
commitment approved under the July 16, 2009 rezoning from $2 million or
$13,611 per unit to $1.3 million or $9,027 per unit. She advised that the
applicant is also requesting a credit of $141,000 for the completion of off -site
drainage improvements to correct downstream flooding not caused by the
project. She advised that the drainage improvements involved the
construction of a replacement culvert at the end of Vellines Lane and the
work has been completed and the per unit proffer being offered under the
amended application is $8,048.62 per unit.
Alan K. Little, President and Chief Executive Officer, Breeden
Company, advised that following the public hearing of July 15, 2010
involving Benn's Grant, he spoke with staff regarding the proffer reduction
granted for Benn's Grant and was informed that Benn's Grant was a product
of renegotiations. He stated that he wanted to investigate the facts
surrounding the Benn's Grant renegotiation with respect to the renegotiation
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of his company due to the change in the economic times. He advised that he
had a 30 day period under which he could appeal, but he did not feel that 30
days was an adequate amount of time in which to investigate this matter and
he asked for an extension of the 30 day period, which was denied. He stated
that he was advised that the only recourse he would have is to file litigation
against the County, which he reluctantly did so that he would have additional
time to discuss the matter. He stated that following a number of discussions
with County staff and some members of the Board, he concluded that this
meeting was the best forum to discuss the matter and he asked for the court to
dismiss the suit on October 6, 2010. He stated there has been a tremendous
increase in the value of the Eagle Harbor development properties and his
company has invested $35 million in the shopping center and existing
apartments. He stated the existing project has paid several hundred thousand
dollars in real estate taxes to the County and the Breeden Company has
enjoyed a good business relationship with the County. He stated with the
closure of International Paper, the Breeden Company is now the third largest
taxpayer in the County. He stated that the Breeden Company voluntarily
spent over $140,000 to remediate a drainage issue, which was not an
obligation of the Breeden Company. He advised that the Breeden Company
purchased the property several years ago with the assumption that there
would be financing available to develop it; however, it has not been
successful during the past fourteen (14) months in negotiating with financing
entities. He advised that the Breeden Company supports the County's
undertaking of a pro - business attitude with the granting of a reduction in
proffers for Benn's Grant and the Breeden Company is asking for equal
treatment under that same policy. He stated that the school proffer for both
the Breeden Company and Benn's Grant is dramatically overstated because
the apartments are so expensive that they do not support many families. He
stated that the Breeden Company is paying in excess of $1 million in
connection fees and paying $1.3 million in proffers in the amended
application tonight and he is willing to amend the proffers and write a check
for the proffers upon the receipt of the first Certificate of Occupancy if the
Board will approve the application tonight.
Chairman Bradshaw commented that the applicant has made an offer
that is in violation of State code. He suggested that the applicant could
request the Board to table the application and take into consideration his
amendment to the proffer.
Supervisor Clark commented that the applicant has been in the County
a long time and had many dealings with the County, always doing what he
said he would do.
Interim County Attorney Burton advised that the applicant could
voluntarily offer that and the Board could accept it afterwards.
Mr. Little stated that his company would be agreeable to that.
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Chairman Bradshaw commented that the Board might be setting a
precedent by doing that.
Mr. Little withdrew his offer. He provided letters of support of the
application to the Board from individuals who were unable to attend the
meeting. He stated that all businesses want is fairness in terms of the
application of the rules and taxation. He stated he would take the risk of
making the business investments if the Board creates the kind of environment
that supports business.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the application.
Christine Stakes, owner of Pet Paradise, spoke in support of additional
apartments being built. She commented that many of the existing apartment
residents are customers and friends who frequent her small business. She
stated that she wants to expand her small business and stay in the County.
Henry Morgan, 22048 Ballard Creek Drive, thanked Chairman
Bradshaw for his service to the County over the years. He stated that he is in
favor of this project because the County needs to expand its base in order to
cover the demands of its budget. He stated that the existing apartments are
quality built and the individuals who reside there are individuals who
contribute to the quality of life in the County.
Patti Straledo, 11578 Carrollton Boulevard, representing a restaurant in
the Eagle Harbor shopping center, welcomed all new residents who will
contribute to the economy of the County.
Thomas Finderson, Newport District, commented that Benn's Grant
has offered the full single- family proffer of $11,189 whereas Eagle Harbor,
over the years, only paid one -third graduated down from $2,000 to $500. He
stated that had Eagle Harbor paid the full proffer over the last ten (10) years,
there would be a basis for drawing an enology with the Benn's Grant or
being concerned that they are receiving unequal treatment. He stated that
Eagle Harbor has not paid its fair share over the last ten (10) years. He stated
with regard to the $144,000 credit; it was Eagle Harbor's error on Vellines
Lane that lead to the flooding on Vellines Lane. He stated that there is no
comparison between Eagle Harbor's request and Benn Grant's request, which
provided citizens with many amenities, a new section of road, water tower
and a pumping station. He stated that he is not in favor of giving the
exception to Benn's Grant and not to Eagle Harbor.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the application be approved. The motion
was defeated by a vote of (2 -3) with Supervisors Clark and Wright voting in
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favor of the motion and Supervisors Bradshaw, Hall and Casteen voting
against the motion.
Chairman Bradshaw called for a public hearing on the following:
The application of W.C. Sawyer and Archer L. Jones, II, owners and R.
Mitchell Wilcox, applicant, to amend the Comprehensive Plan Land
Use Designation of tax map parcels 34 -01 -055, 34 -01 -086, 34-01 -
086A & 34 -01 -087 and a part of 34- 01 -050B from Suburban Estate to
Suburban Residential. Said property, approximately 19.13 acres, is
located on the east side of Carrollton Boulevard (Route 17), in the
Newport Election District. The proposed use of the property is for 76
single family duplex condominiums.
Matthew Smolnik, Principal Planner, introduced the application stating
that the Planning Commission recommended denial of the application by a
vote of (6 -3) at which time the applicants tabled the rezoning application
until January of 2011 until the Board decided the Comprehensive Plan
amendments tonight.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the application.
R. Mitchell Wilcox, Commonwealth Engineering Group, stated that he
is aware of a drainage problem in the existing subdivision. He stated that the
proposed project is the best opportunity and remedy to solve the drainage
problem.
Archer Jones, applicant, advised that drainage problems are associated
with the property developed in the 1990's and that he was able to acquire
land which serves as a good portion of the proposed development and affords
the ability to deal with the drainage problem. He stated that the site plan
includes a swell which will resolve the existing drainage problem that many
of the residents in the area complained about at the Planning Commission
meeting. He advised that he is prepared to make resolution of the drainage
problems a proffer in that project. He stated he would also address the
density that the residents would prefer not to see developed in that area. He
stated this is an area of the County that is most prescribed for a denser form
of development. He stated that he is prepared to work with staff, the
Planning Commission and the Board to negotiate a proper rezoning package
to justify the development of this property. He stated that along Route 17 is
land that was rezoned in 1997, shown as light industrial and is a combination
of light industrial and commercial and he believes that this project is already
a mixed use. He stated that there needs to be residential growth to support
the commercial development and he believes that will help the commercial
development that he hoped would be here before now and he believes will be
here in the future.
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Thomas Finderson of the Newport District stated that flooding issues
cause the land to not be suitable. He stated that VDOT agreed that in the
short term, right and left turns can be made; however, in the long term, a
motorist could not make a left turn. He stated that the property is next to an
industrial site and no buffer has been created between the industrial site and
the various residential homes. He stated that the applicant has agreed to offer
a proffer about swells, but Mr. Wilcox stated they would try within their
power. He stated that they must be specific about what will be done as swells
will not fix the drainage problem. He stated that this is the same problem as
Eagle Harbor had over at Vellines Lane.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark stated that this is not a rezoning application, but
rather a change in the Comprehensive Plan for the usage along that area. He
stated that the request before the Board fits into the character of what is
already located on Route 17.
Chairman Bradshaw clarified that the weaknesses included in the
Board Report in the agenda do not have anything to do with being a
contradiction to the Comprehensive Plan or the Route 17 Corridor Master
Plan.
Ms. Walkup advised that Chairman Bradshaw was correct in his
clarification in that staff would get to that once it gets to the layout and the
discussion under the rezoning.
Supervisor Clark moved that the application be approved. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
11
Supervisor Casteen 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, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
11
Chairman Bradshaw called for the continuation of Citizens Comments.
Elaine Butler, Hunt Club Road, voiced opposition to the Navy's flight
pattern at the Franklin airport, noting a decrease in the quality of life due to
noise and a decrease in the value of land purchased previously for
development purposes.
15
Herb DeGroft, Mill Swamp Road, stressed the importance of fiscal
conservatism and consolidation efforts between the County and the Schools.
Joe Joyner expressed concern with the Navy's flight pattern at the
Franklin Airport due to a decrease in the quality of life as a result of
vibrations and noise.
Jessica Collins of Orbit Road addressed the Board regarding the need
for a new Windsor Middle School.
Pete Twisdale of Walters addressed concern with the Navy's flight
pattern at the Franklin Airport due to increased noise and safety issues. He
advised that his health is threatened by the exhaust, fumes and dumping of
the fuel.
Darryl Butler, Hunt Club Road, voiced opposition with the Navy's
flight pattern at the Franklin Airport because of safety concerns and the
environmental impact to the Blackwater River.
Kenneth M. Bunch, 10190 Old Myrtle Road, advised that he has
resigned his position on the Isle of Wight County School Board and he
entered his name for the vacant Board of Supervisors' seat for the Carrsville
District.
Thomas Finderson, Sugar Hill Road, requested the Board to ask for an
exception to the total maximum daily load for the Chesapeake Bay. He
further spoke in favor of building a new Windsor Middle School because of
the anticipated increase in population in that area from the intermodal park.
He suggested that the Board condition its approval of the school on the
consolidation of services, to include legal services, public information,
budget and finance, human resources and building and grounds maintenance.
John Bryant, Walters Highway, spoke in opposition to the Navy's
flight pattern due to increased noise and the potential hurt to the economics
of the County drawing new businesses to that part of the County.
Antoinette Basham of Smithfield requested that revised County maps
be printed for distribution to the public.
11
Chairman Bradshaw moved that following a break, the item under the
County Administrator's section pertaining to the Navy be moved to this point
in the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
16
Regarding the issue of the Navy using the Franklin Airport for touch
and go exercises, Chairman Bradshaw advised that he had requested County
Administrator Caskey to form a team consisting of Mr. Robertson, the
Interim County Attorney, the Director of Economic Development, the
Director of Planning and Zoning and the Chief of Emergency Services to
review the Navy's proposal. He advised that the Navy has a vested right in
that it retains use of the facility at any time and at no cost. He advised that he
and Supervisor Wright had voiced their concern to the Navy in a meeting
held in the County Administrator's conference room that the airfield is
located in the County and that the County is responsible for the safety and
protection of the citizens in the surrounding area. He stated that the Navy did
advise that there would be a fly over and distributed a map depicting the
flight path, but what occurred during the demonstration and what was
depicted as the flight path were two (2) different things. He advised that the
Navy has been advised that the County does not have adequately trained fire
and rescue personnel to respond to an emergency. He stated that
environmental concerns were also expressed to the Navy and he had inquired
if the appropriate permits had been obtained with respect to exhaust fumes.
He advised that the Navy advised that would be done in the environmental
impact analysis. He advised that he had notified the Navy that the County
has undergone an extensive study of the Business 58 corridor and that there
are only two (2) parcels of land in that corridor that landowners are willing to
develop. He advised that a citizens' meeting had been held at the Franklin
Skating Rink to address any questions. He advised that the deeds revealed a
reversion clause which stipulates that if the Town of Franklin does not allow
the military to use the airfield, then the property will revert back to the
military. He advised that the Franklin City Attorney's position is that the
City of Franklin has absolute authority since it is property owned by the City
of Franklin and that they were taking ownership of all fire, rescue and other
services.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, advised that staff has been in discussions with Navy
officials on a regular basis. He stated that the Navy, in reviewing the
previous demonstration, does feel that the demonstration was not as accurate
as it could have been; therefore, another demonstration is to be held on
December 16, 2010. He stated that staff continues to work with Navy
officials to ensure that the County has a good understanding of what the
Navy will be doing and any associated impacts.
Chairman Bradshaw moved that the Board go on record in opposition
of the Navy using the Franklin Airport as a touch and go exercise field and
that staff be directed to prepare a resolution for approval by the Chairman
that will be sent to the Navy, the City of Franklin and any other appropriate
parties. The motion was adopted by a vote of (5 -0) with Supervisors
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Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Chairman Bradshaw called for the County Attorney's report.
Interim County Attorney Burton presented a Resolution Authorizing
the County Administrator to enter into an Agreement with the Western
Tidewater Water Authority for the transfer of the Crittenden well and
pipeline to the Western Tidewater Water Authority and to execute certain
related documents for the Board's consideration.
Supervisor Wright moved that the following Resolution be adopted:
A RESOLUTION AUTHORIZING THE COUNTY
ADMINISTRATOR TO ENTER INTO AN
AGREEMENT WITH THE WESTERN TIDEWATER
WATER AUTHORITY FOR THE TRANSFER OF THE
CRITTENDEN WELL AND PIPELINE TO THE
WESTERN TIDEWATER WATER AUTHORITY AND
TO EXECUTE CERTAIN RELATED DOCUMENTS
WHEREAS, for the purpose of public benefit from the use of permitted
ground water capacity in the Tidewater Region of the Commonwealth, the
Western Tidewater Water Authority (the "Authority "), the City of Suffolk
( "Suffolk "), and the County of Isle of Wight ( "Isle of Wight ") entered into
that certain Amended and Restated Agreement Among Western Tidewater
Water Authority, the City of Suffolk, and the County of Isle of Wight, dated
February 21, 2006 (the "2006 Agreement "), and that certain Western
Tidewater Regional Water Agreement, dated September 29, 2009 (the "2009
Agreement "); and,
WHEREAS, both the 2006 Agreement and the 2009 Agreement
provide that, subject to capital cost payments by Suffolk and Isle of Wight,
Suffolk shall design and construct a groundwater well and water transmission
main for the transmission of raw water from the groundwater well to
Suffolk's G. Robert House, Jr. Water Treatment Plan (together, the
"Crittenden Well and Pipeline "); and,
WHEREAS, the Crittenden Well and Pipeline are complete and all
capital cost payments therefor are current; and,
WHEREAS, the 2006 Agreement and the 2009 Agreement remain in
full force and effect and provide for the transfer of the Crittenden Well and
Pipeline to the Authority; and,
WHEREAS, the Authority, Suffolk and Isle of Wight desire to
complete the transfer for the Crittenden Well and Pipeline to the Authority.
NOW, THEREFORE, BE IT RESOLVED, by the Isle of Wight County
Board of Supervisors, that the County Administrator is hereby authorized to
execute on behalf of Isle of Wight County a transfer agreement by and among
the Authority, Suffolk and Isle of Wight for the purpose of transferring
Suffolk's right, title and interest in and to the Crittenden Well and Pipeline,
together with such other documents or instruments as may be necessary and
appropriate to effectuate such transfer, including, but not limited to, a special
warranty deed conveying the Crittenden Well to the Authority, a bill of sale
conveying the pipeline and related personalty to the Authority, a Tax Status
Maintenance Agreement and a utility easements assignment and assumption
agreement assigning certain related pipeline easements to the Authority, such
transfer agreement being attached hereto as Exhibit A.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen requested that a copy of the financial report be
provided to him detailing what is owned by the Authority.
Interim County Attorney Burton presented a purchase agreement for
the Sentara property in downtown Smithfield for the Board's consideration.
Supervisor Clark moved that the County Attorney's office be
authorized to approve the purchase agreement for the Sentara property in
downtown Smithfield. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested permission to advertise for
public hearing An Ordinance to Amend and Reenact the Isle of Wight
County Code by Enacting Chapter 14. Sewers and Sewage Disposal. Article
XV. Use of Public Sewer System.
Supervisor Wright moved that the County Attorney's office be
authorized to advertise for public hearing at the Board's December 16, 2010
meeting an Ordinance to Amend and Reenact the Isle of Wight County Code
by Enacting Chapter 14. Sewers and Sewage Disposal. Article XV. Use of
Public Sewer System. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested the Board members to
review the Rules of Procedure and advise him of any changes prior to the
Board's December 16, 2010 meeting.
19
Chairman Bradshaw moved that the Rules of Procedure be placed on
the Board's December 16, 2010 agenda for consideration. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Interim County Attorney Burton presented a lease agreement between
the County and Social Services for the Board's consideration. He advised
that the State is requesting that the County terminate the lease agreement with
Social Services as it is not in accordance with Federal guidelines.
Supervisor Hall moved that the County Attorney's office be authorized
to terminate the lease agreement between the County and the Department of
Social Services. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Interim County Attorney Burton advised that he had fourteen (14)
items to discuss with the Board later during the closed meeting.
11
Chairman Bradshaw called for the Community Development report.
County Administrator Caskey advised that the issue of the Governor's
Housing Award has already been covered earlier in the agenda.
Chairman Bradshaw called for the Parks and Recreation report.
Mark W. Furlo, Director of Parks and Recreation, presented a
Resolution to Authorize the Submission of a FY2011 -12 Grant Application
and to Accept and Appropriate Grant Funds from the Virginia Department of
Transportation for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE SUBMISSION OF A
FY2011 -12 GRANT APPLICATION AND TO ACCEPT AND
APPROPRIATE GRANT FUNDS FROM THE VIRGINIA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the Board of Supervisors of Isle of Wight County has
authorized submission of an FY2010 /11 application for funding from the
Virginia Department of Transportation through the Transportation
Enhancement Grant Program; and,
20
WHEREAS, the amount of grant funding as shall be determined and
received from the Virginia Department of Transportation needs to be
accepted and appropriated to the FY2011 /12 Operating Budget of Isle of
Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County that grant funds in the amount
as shall be determined and received from the Virginia Department of
Transportation be appropriated to the appropriate line item in the FY2011/12
Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Mr. Furlo presented a Resolution to Endorse the Smithfield to Nike
Park Enhancement Project for the Board's consideration.
Chairman Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO ENDORSE THE SMITHFIELD TO NIKE PARK
ENHANCEMENT PROJECT
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution
be received from the sponsoring local jurisdiction or state /federal agency in
order that the Virginia Department of Transportation (VDOT) can establish
an enhancement project in the County of Isle of Wight;
NOW, THEREFORE, BE IT RESOLVED, that the County of Isle of
Wight, requests the Commonwealth Transportation Board to establish a
project for the improvement of the Smithfield to Nike Park Trail;
BE IT FURTHER RESOLVED, that the County of Isle of Wight
hereby agrees to provide a minimum twenty (20) percent of the total cost for
planning and design, right of way, and construction of this project;
13E IT FURTHER RESOLVED, that the County of Isle of Wight
hereby agrees to enter in to an agreement with VDOT to provide oversight
that ensures the project is developed in accordance with all State and Federal
requirements for design, right of way acquisition, and construction of a
Federally funded transportation project;
21
BE IT FURTHER RESOLVED, that the County of Isle of Wight will
be responsible for maintenance, upkeep and operating costs of any facility
constructed with Enhancement Program funds;
BE IT FURTHER RESOLVED, that if the County of Isle of Wight
subsequently elects to cancel this project, the County of Isle of Wight hereby
agrees to reimburse VDOT for the total amount of costs expended by VDOT
through the date that VDOT is notified of such cancellation. The County of
Isle of Wight also agrees to repay any funds previously reimbursed that are
later deemed ineligible by the Federal Highway Administration.
The motion was adopted by a vote of (5--0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
11
Chairman Bradshaw called for the General Services report.
Frank Haltom, Department of General Services, advised that the
consultant for the Fort Boykin's shoreline remediation project has advised
that the amount of funding allocated by the Federal Emergency Management
Agency is not adequate enough to complete the project. He advised that the
consultant has submitted a new estimate which is approximately 109% more
than currently funded for the project. He advised that an additional $26,000
needs to be allocated to this project in order to continue.
Supervisor Hall moved that staff be directed to return with an
appropriation resolution to address the allocation. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Mr. Haltom presented a County Enforcement Policy and Civil Charge
Schedule for the Erosion and Sedimentation Control Ordinance for the
Board's consideration.
Supervisor Clark moved that the Enforcement Policy and Civil Charge
Schedule for the Erosion and Sedimentation Control Ordinance be approved.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bradshaw called for Board comments.
22
Supervisor Clark reported that Northern Development Service District
Enhancement funds have been approved for certain signs located in a vacant
building on Route 17.
Chairman Bradshaw commented that it has been his pleasure to serve
on the Board for the last seventeen (17) years. He noted that it has been
difficult for him over the last few years to serving on the Board and work full
time. He stated that there are many things that he can bring to the table as
Chief Financial Officer for the Schools because he is a native and citizen of
the County.
11
Chairman Bradshaw called for the Economic Development report.
Lisa T. Perry, Director of Economic Development, on the issue of the
closure of International Paper (IP), advised that the Executive Committee of
the Recovery Task Force had met on November 2, 2010 and that staff had
been informed that IP continues to perform their due diligence and continue
to move forward with two (2) project finalists. She advised that IP is openly
optimistic about the reuse opportunities and there will likely be multiple
users, all largely from the renewable energy business sector. She advised that
85% of the plant winterization is complete and a dry fire suppression system
is being installed to preserve the assets. She advised that staff continues to
solicit feedback from training partners with respect to where the transition
workforce is going. She stated that approximately 400 have been employed
by over sixty (60) different agencies, of which 110 have been transferred to
other IP operations. She advised that more than 100 individuals are involved
in full -time training programs funded by the Trade Adjustment Act and
seventy (70) are continuing their education at Paul D. Camp Community
College; 30 at Tidewater Community College; and, the balance at other
authorized training providers. She advised the WIA funding continues to
underwrite training at the Franklin incubator and staff was told that the
County could anticipate the State Institute of Excellence to provide funding
for the start up of recruitment and training for companies locating on site.
She advised that there are six (6) communities within Hampton Roads that
offer E- Commerce grants, which vary in amounts from $500 to $2,500 per
business. She advised that the County is one (1) of three (3) localities that
has a sod improvement program which focuses on the County's Development
Service Districts. She advised there are four (4) communities in the area that
offer low- interest loan and loan guarantee programs and the loan sizes range
from $10,000 to $50,000. She noted that Peninsula businesses do have
access to a revolving loan fund, which loans between $20,000 and $200,000.
Ms. Perry briefed the Board on the aspects of the proposed Small
Business Incentive Program. She presented a Resolution of the Board of
Supervisors of Isle of Wight County, Virginia Establishing the Economic
23
Development Incentive Policy for Small Business Development for the
Board's consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING THE
ECONOMIC DEVELOMENT INCENTIVE POLICY
FOR SMALL BUSINESS DEVELOPMENT
WHEREAS, the closure of International Paper's Franklin Mill will
result in a $6 million loss in tax revenue to the County, and over 2,500 jobs
with area suppliers and local small businesses; and
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned with the County's economic sustainability as a result of the global
effects of the current economic recession, its impact on jobs, and the
County's continued ability to generate revenue sufficient to maintain the
current quality of life for existing and future residents; and
WHEREAS, the Board recognizes the critical impact the Small
Business Community makes with respect to the overall economic well being
of the County and its importance to the continued attraction of visitors and
new residents to our community; and
WHEREAS, the Board's Small Business Committee cites small
business incentives as one of most significant contributions the County can
offer to promote and grow this important segment of our business
community.
NOW, THEREFORE, BE IT RESOLVED THAT in an effort to
promote the overall welfare of the County and remain a strong economic
development competitor within the Hampton Roads Region, the Board of
Supervisors of Isle of Wight County hereby endorses the provision of
funding incentives necessary to stimulate small business development in Isle
of Wight County by establishing Isle of Wight County's Economic
Development Incentive Policy for Small Businesses, as follows:
I. Definition of a "small business" for the purpose of this incentive program
The U.S. Small Business Administration establishes small business size
standards on an industry -by- industry basis, but generally specifies a small
business as having fewer than 500 employees for manufacturing businesses
and less than $7 million in annual receipts for most nonmanufacturing
businesses. For purposes of this incentive program, we will define a small
business as an independently owned and operated business which has 20 or
fewer employees and average annual gross receipts of less than $1 million.
24
II. Proposed Components of a Small Business Incentive Program*
• Small Business Technology Grant
The purpose of this grant is to promote economic competitiveness and
expansion among our small business community by sponsoring effective e-
Commerce strategies. This grant would underwrite a portion of the cost of
new website design and development, as well as the enhancement of existing
small business websites which could include transactional capabilities, search
engine optimization, etc. A preferred vendor list could be developed in
cooperation with local and regional vendors who would agree to offer: 1) An
initial complimentary consultation to interested small businesses, and 2) On-
site meetings at the place of business at no charge for travel. All
participating web design vendors must have a current business license.
ACTION — Offer dollar- for - dollar matching funds up to $750.00 to
qualifying small businesses for the purpose of creating a website or
improving an existing website. Initial funding for a similar program was
pledged by Smithfield Foods recently through Vectec, in the amount of
$2,000. Vec -tec is a non - profit eCommerce center partnered with the
Virginia Industry Foundation. Its mission is to promote economic
competitiveness and development by sponsoring, developing and
implementing eCommerce activities for primarily small to medium sized
businesses. Vectec currently provides web hosting and maintenance services
for the Isle of Wight County website and could also be a qualified vendor for
this program.
An initial contribution of $7,500 from the County is requested to initiate this
program. Our intent is to challenge the Chamber of Commerce to join the
County in earmarking an additional $7,500 for the program.
• Small Business Jobs Program
Incent businesses for hiring new full -time equivalent (a minimum of 35 hours
worked per week) employees. For each new hire that has worked a minimum
of 90 days, the business will receive a $500.00 cash grant. Businesses must
provide proof of employment prior to receiving grant.
• Tax Exemption Programs
Exemption for Certain Rehabilitated Commercial /Industrial Real Estate
(County Code Chapter 15, Taxation, Article II, Real Estate Taxes)
This program began in 1989 and is administered by the Commissioner of
Revenue's Office
(see Attachment A). Property owners who rehabilitate commercial /industrial
structures that are at least 30 years old, thereby increasing the value by a
certain percentage can apply for a partial real estate tax exemption for a
period of five (5) years. Since its inception, only one commercial property
has participated. The program has not been actively promoted among the Isle
of Wight business community.
25
ACTION — Promote this program to qualifying property /business owners.
No new funding needed.
• Development Service District Corridor Grant Improvement Program
This program began in 2007 to encourage property /business owners in the
Newport DSD to improve their properties via a matching grant program for
facade rehabilitation, signage, landscaping, etc. (see Attachment B).
ACTION -- Continue promoting this program within the NDSD and expand it
into the Camptown and the Windsor Development Service Districts. The
NDSD Grant Program is currently funded at $35,175. The Southern
Development Committee has approximately $16,981 to fund a CDSD
program. Funding would be needed to establish a program in the WDSD; we
recommend a contribution of $15,000 from the county to initiate this
program.
• Other incentives the Board may deem appropriate
The Board may consider other economic development incentives as may
be presented and deemed appropriate.
• Sunset Provision
This resolution shall expire on December 1, 2015 unless otherwise
repealed on an earlier date by the Board of Supervisors.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
1/
Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Purchase
Sheriff's Building renovation furnishings for the Board's consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO PURCHASE SHERIFF'S BUILDING
RENOVATION FURNISHINGS
WHEREAS, the bulk of the furnishings proposed for the Sheriff's
Building Renovation will be purchased under State contracts. In addition,
there is a small portion of furnishings and fixtures which must be purchased
on the open market; and,
WHEREAS, a competitive solicitation has resulted in apparent low
bids for the open market items totaling $20,286.
26
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that the County Administrator may award Purchase
orders to the low bidders in this competition.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Authorize
Change Order Number 6 to the Kenbridge Construction Company's Contract
for the Construction of the Young -Laine Courts Building for the Board's
consideration.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE CHANGE ORDER NUMBER 6 TO
THE KENBRIDGE CONSTRUCTION COMPANY'S CONTRACT FOR
THE CONSTRUCTION OF THE YOUNG -LAINE COURTS BUILDING
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia (the "Board ") have entered into a contract with Kenbridge
Construction Company for construction of the Young -Laine Courts building;
and
WHEREAS, Powell Management the Project Manager and Mosley
Architects the design architect have presented change order number 6 to the
construction contract with Kenbridge; and
WHEREAS, the approval of Change Order Number 6 will result in a
net contract increase of $48,142 and a 60 day contract extension; and
WHEREAS, Change Order Number 6 has been reviewed by and
recommended for approval by both Mosley Architects and Powell
Management.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the County Administrator is
authorized to approve Change Order Number 6 resulting in an increase to the
total contract costs in the amount of forty eight thousand one hundred forty
two dollars ($48,142.00) and a sixty (60) day contract extension.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Appropriate
Funds from the Non - Departmental Contingency Account for Financial
27
Compensation for the Executive Director of Human Resources for the
Board's consideration.
Chairman Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE NON -
DEPARTMENTAL CONTINGENCY ACCOUNT FOR FINANCIAL
COMPENSATION FOR THE EXECUTIVE DIRECTOR OF HUMAN
RES OURCES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved financial compensation for additional duties as
required for human resources shared duties between Isle of Wight County
Schools and Isle of Wight County; and,
WHEREAS, funds in the amount of nineteen thousand, forty -eight
dollars and forty -nine cents ($19,048.49) to be appropriated from the General
Fund Non - Departmental Contingency Account of the FY 2010 -11 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 the County of Isle of Wight that funds in the amount
of nineteen thousand, forty -eight dollars and forty -nine cents ($19,048.49)
come from the FY 2010 -11 General Operating Budget Non - Departmental
Contingency Account
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight County is authorized to make the appropriate
accounting adjustments and to do all things necessary to give this resolution
effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Diane Jones, Emergency Communications Center Manager, requested
permission to hire one (1) full -time dispatcher in the Emergency
Communications Center.
Supervisor Casteen moved that the hiring of one (1) full -time
dispatcher be approved to fill the remaining vacant position in the Emergency
Communications Center. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Bradshaw called for Appointments.
28
Supervisor Casteen moved that Sterling White be reappointed to serve
on the Beautification Committee, representing the Smithfield District. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Casteen moved that Ron Spivey be reappointed to the
Board of Zoning Appeals representing the Smithfield District. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen moved that Lars Gordan be reappointed to
represent the Smithfield District on the Development Review Committee.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bradshaw moved that Don Rosie be appointed to represent
the Carrsville District on the Development Review Committee. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark moved that Leah Dempsey be appointed to represent
the Newport District on the Development Review Committee. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, CIark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Wright moved that James O'Briant, III be appointed to
represent the Windsor District on the Development Review Committee. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Hall moved that James Brown, Jr. be appointed to represent
the Hardy District on the Development Review Committee. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Chairman Bradshaw called for Old Business.
Mr. Robertson presented a service agreement with Granicus, Inc. for
the Board's consideration. He stated in front of the Board is a revised
proposal which now provides service where the County would pay upfront
the installation cost and a monthly recurring cost would be waived.
Supervisor Hall moved that the Board authorize execution of the
agreement with Granicus, Inc. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Mr. Robertson offered to bring back an appropriate resolution
allocating the funding for the service with Granicus, Inc.
Mr. Robertson advised that the Board, at its regular meeting on
February 18, 2010, directed staff to bring a detailed report to the Board
explaining the acquisition and maintenance process for United States
Geological Survey (USGS) streamflow monitors for the Blackwater River.
He advised that staff was directed to obtain Southampton County's and the
City of Franklin's position; and, that staff contact Congressman Forbes'
office to advise him about the extravagant maintenance fee that is being
requested by USGS on an annual basis. He stated that in March 2010, staff
requested and received a one -year extension of the USGS grant for
acquisition and installation of a streamflow gauge. He stated that the USGS
is requesting that the County enter into a joint funding agreement that will
require the County to pay approximately $11,000 annually for maintenance
of a streamflow gauge located at Route 620 on the Blackwater River. He
stated that USGS will invoice the County for its portion of the maintenance
near the end of the fiscal year beginning with its pro rata portion of the
current fiscal year. He stated that the installation costs were covered by a
FEMA grant secured by the City of Franklin and funding from USGS. He
stated that staff had discussed the costs and requested assistance from
Congressman Forbes' office. His staff advised that all requests for earmarks
were being eliminated from the federal budget. He stated that Southampton
County is not participating in the operation of a streamflow monitor along the
Blackwater River.
Chairman Bradshaw moved that the issue be reverted back to the Chief
of Emergency Management for follow up and a report brought back to the
Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Responsive to action of the Board, at its September 2, 2010 meeting,
staff's request was deferred to fill three (3) vacant Skating Rink attendant
positions. Chairman Bradshaw requested an opportunity to meet with staff to
determine the viability of the operation of the skating rink. Staff has met
with Chairman Bradshaw to discuss the viability of the operation of the
skating rink. The skating rink financially under performs in the months
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September through December. Staff believes the skating rink can continue to
operate at no loss for the months of January through August. Providing the
Board is agreeable, staff will look into alternative uses for the property that
are compatible with operating a skating rink.
Chairman Bradshaw moved that the Department of Parks and
Recreation be authorized to hire three (3) Skating Rink attendants. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Bradshaw called for New Business.
Supervisor Clark moved that a representative of the Hampton Roads
Transportation Planning Organization attend a Board meeting in the near
future to present an impact analysis of the economic and demographic effects
of tolling and the public private partnership ramifications regarding Route
460 as it pertains to Isle of Wight County. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Hampton Roads Planning District
Commission and VACo staff perform an analysis of the impact of the total
maximum daily load requirements proposed by the Department of
Environmental Quality on the County. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Wright moved that County staff be directed to contact the
Schools with regard to the new Windsor Middle School, to include the
schedule, engineering and planning so that the Board has an idea of what to
do with the budget. The motion was adopted by a vote of (4 -0 -1) with
Supervisors Casteen, Clark, Hall and Wright voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor Bradshaw
abstaining.
1/
Chairman Bradshaw moved that the meeting time be extended past
11:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
1/
Supervisor Clark requested that the two (2) items that were discussed in
closed meeting at the Smithfield Intergovernmental Relations Committee be
added to the closed meeting.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Freedom of Information Act for consultation
with legal counsel requiring the provision of legal advice pertaining to actual
litigation; pursuant to Section 2.2- 3711.A.7 for consultation with legal
counsel requiring the provision of legal advice pertaining to the Walter's
Convenience Center; pursuant to Section 2.2- 3711.A.7 for consultation with
legal counsel requiring the provision of legal advice pertaining to the cable
franchise agreement; pursuant to Section 2.2- 3711.A.7 for consultation with
legal counsel requiring the provision of legal advice pertaining to the
Redistricting Committee for the 2010 Census; pursuant to Section 2.2-
3711.A.7 for consultation with legal counsel requiring the provision of legal
advice pertaining to the Carrollton Volunteer Fire Department; pursuant to
Section 2.2- 3711.A.7 for consultation with legal counsel requiring the
provision of legal advice pertaining to the emergency services system for Isle
of Wight County; pursuant to Section 2.2- 3711.A.7 for consultation with
legal counsel requiring the provision of legal advice pertaining to actual
litigation; pursuant to Section 2.2- 3711.A.7 for consultation with legal
counsel requiring the provision of legal advice pertaining to the Line of Duty
Act; pursuant to Section 2.2- 3711.A.6 for discussion or consideration of the
investment of public funds where competition or bargaining is involved,
where, if made public initially, the financial interest of the governmental unit
would be adversely affected; pursuant to Section 2.2- 3711.A.7 for
consultation with legal counsel requiring the provision of legal advice
pertaining to the Memorandum of Understanding with the Town of Windsor;
pursuant to Section 2.2- 3711.A.1 for discussion of two (2) personnel matters
pertaining to specific public officials; pursuant to Section 2.2- 3711.A.7 for
consultation with legal counsel requiring the provision of legal advice
pertaining to potential litigation in the Carrollton District; pursuant to Section
2.2- 3711.A.7 for consultation with legal counsel requiring the provision of
legal advice pertaining to potential litigation; pursuant to Section 2.2-
3711.A.7 for consultation with legal counsel requiring the provision of legal
advice pertaining to a boundary line adjustment in the Newport District; and,
pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel
requiring the provision of legal advice pertaining to a contract with the Town
of Smithfield.
Supervisor Clark moved that the Board enter the closed meeting for the
reasons stated by Interim County Attorney Burton. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Wright moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
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Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Wright moved that the following resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Wright moved that staff be directed to proceed with
contract negotiations for the Cannon Acres water system as discussed in the
closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Wright moved that staff be directed to set up a meeting with
C &P Water, to include himself and Supervisor Clark. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Wright moved that the Chairman be authorized to sign a
Memorandum of Understanding with the Town of Windsor with respect to
boundary adjustments for the purchase of land. The motion was adopted by a
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vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the IT position be filled as discussed in
the closed meeting. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Interim County Attorney be directed
to hire outside legal counsel with regard to redistricting as discussed in the
closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Clark moved that the Interim County Attorney be directed
to hire outside legal counsel to assist in a partition suit as discussed in the
closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Hall moved that the County Administrator be directed to
look into the 911 positions as they relate to IT and bring a report back to the
Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Chairman Bradshaw moved that the Board rescind the previous motion
involving the Eagle Harbor application. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Chairman Bradshaw moved that the Board approve the application as
presented by Eagle Harbor tonight and accept what was presented by staff
with respect to the proffer application. The motion was adopted by a vote of
(3 -2) with Supervisors Bradshaw, Clark and Wright voting in favor of the
motion and Supervisors Casteen and Hall voting against the motion.
Chairman Bradshaw moved that the Director of Emergency Services be
directed to proceed with rescue services as discussed in the closed meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bradshaw moved that Herb DeGroft be removed from the
Redistricting Committee due to a potential conflict because he is an elected
official. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman Bradshaw moved that the Redistricting Committee be
expanded and three (3) members at -large be added to the Committee. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Clark moved that Thomas Finderson be appointed as an at-
large member on the Redistricting Committee. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Bradshaw officially resigned from the Board effective
November 18, 2010 at 11:52 p.m.
Supervisor Clark moved to appoint Kenneth Bunch to fill the Carrsville
District seat vacated by Phillip A. Bradshaw until a special election is held in
November 2011. The motion was adopted by a vote of (3 -1) with
Supervisors Clark, Hall and Wright voting in favor of the motion and
Supervisor Casteen voting against the motion.
Supervisor Casteen commented that he feels that the appropriate
allegiance to the Carrsville residents, the Board must open it up and invite
letters of interest and go through a more transparent procedure with respect to
the filling of the Carrsville District representative on the Board.
Supervisor Clark moved to appoint Supervisor Wright as Chairman of
the Board. The motion was adopted by a vote of (3 -0 -1) with Supervisors
Casteen, Clark and Hall voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Wright abstaining from voting.
Supervisor Hall moved to appoint Supervisor Casteen as Vice -
Chairman. The motion was defeated by a vote of (2 -2) with Supervisors
Casteen and Hall voting in favor of the motion and Supervisors Clark and
Wright voting against the motion.
At 12:00 p.m., Supervisor Clark moved that the Board adjourn its
meeting. The motion was adopted by a vote of (4 -0) with Supervisors Clark,
Casteen, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
(a(1 1 c
Care I1lls St Ym Clerk
y ,
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