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11-18-1999 Regular Meeting9o~r 1~ =.::~65~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice-Chairman. Henry H. Bradby Phillip A. Bradshaw Robert C. Claud, Sr. Also Attending; H. Woodrow Crook, Jr., County Attorney W. Douglas. Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Spady called the meeting to .order at 6:00 p.m. The invocation was delivered by Supervisor Claud. The Pledge of Allegiance was conducted. // Chairman Spady called for Special Presentations. Chairman Spady noted that Reggie Gilliam, Chairman of the Southampton County Board of Supervisors was not present at this time and that the Resolution Recognizing the 250`h Anniversary of the Founding of Southampton County, Virginia would be considered upon his arrival. // Chairman. Spady indicated the following Consent Agenda included Items 1, A through C, and asked if there were any items for removal: A. Subdivision Plat of Gatling Pointe South, Phase 5, Newport Magisterial District B. Delinquent Real Estate Tax Collection Monthly Report C. October 21, 1999 Regular Meeting Minutes Supervisor Claud moved the. Board adopt all .items of the Consent Agenda. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisor voting against the motion. // 9Q^M 10 >.~UUO Chairman Spady called for Transportation Matters.. Jonathan: W. Hartley, Director of Planning and. Zoning, noted receipt of a letter dated November 8, 1999 from James S. Givens, State Secondary Roads Engineer, VDOT, approving the addition of various roads in Windsor Wood Subdivision into the State's secondary road system. Mr. Hartley distributed .correspondence received from VDOT in response to a request from Mr. Truitt on Fire- Tower. Road to repair a drainage problem on that road: Mr. Hartley noted he would advise Mr. Truitt on the outcome of the recent meeting held concerning this matter. Mr. Hartley noted the Resident EngineerNDOT would be present at the Board's December .16, 1.999 meeting. He further noted the quarterly meeting with Mr. Cleveland/VDOT is set-for January 10, 2000.. Chairman Spady requested Mr. Hartley correspond with Mr. Neblett/VDOT concerning the. paving of Laurelwood Drive and carbon copy Mr. Cleveland. Henry Bell thanked the Board, County Attorney and County Administrator for their ef~'orts in getting Raynor Road paved. .Supervisor Claud requested- Mr. Hartley take appropriate action to have a speed limit sign installed on Longview Drive. .Supervisor Bradby requested the status of the speed limit sign on Whispering Pines Trail.. Mr. Hartley advised he has not yet heard from VDOT and that he would forward another letter on this matter. Noting Mr. Neblett's scheduled appearance at the Board's December 16, 1999 meeting, Supervisor Bradshaw requested Mr. Hartley prepare a summary status report on the previously raised issues by the. Board concerning roads for the Board's meeting. // Chairman Spady called for Citizens Comments. Thomas Walters, Regatta .Lane, speaking on behalf of the Citizens. Association, requested the following two (2) .items be added to the .list of legislative priorities to be sent to the County's General Assembly delegation: Downzoning or roll back authority State collected impact fees to be given back to growth areas 2 90~C 1J -~; ~t)1 Mary Anne Hayden, Rushmere Shores, requested the Board consider a leash ordinance for dogs in the Rushmere Shores Subdivision. Chairman Spady noted the matter would be considered under the Community Development portion of the agenda. 1 Grace Keen requested the. Board's endorsement of planting a tree for each child entering the public school system. Chairman Spady requested Mrs. Keen present a plan for such plantings to the Board, i.e, projected number of trees. per year, location of trees to be planted, etc. // Chairman Spady called for the Community Development report. Mr. Hartley advised staff has receiveda number of recent complaints regarding the way the current leash law is written. Mr. Hartley presented three (3) options to address these complaints. Supervisor Cofer moved the Board authorize the County Attorney to prepare two (2) amendments (Rushmere Shores and all subdivisions located in the Rural Agricultural Conservation District with lot sizes of five (5) acres or less and at least five (5) lots) and authorize him to advertise for pubic hearing the current leash law that affects Rural Agricultural Conservation Districts. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Bradshaw requested Mr. Hartley prepare a GIS representation of the affected areas for the Board's reference. Mr. Hartley addressed the changes in the use of building(s) in the Highway Corridor Overlay District. He stated the way the current ordinance is written allows staff very little leeway in terms of administering the Highway Corridor Overlay District. He stated staff has received correspondence addressed to Supervisor Claud raising concerns with the. ability to sell or lease an existing building on Route 460, .subject to the Highway Corridor Overlay District. 1 Supervisor Claud stated the property owner's point. is justified in that he is currently operating a book and gift shop which. has not been profitable. He stated it would be difficult to sell the property as a book. and gift shop when the previous business was not profitable. f-le stated a citizen applies for General .Business for retail, but decides to change products or add an additional. product, this ordinance is so strict that it could force someone to have to do something because of the Highway Corridor Overlay District. t-te 3 9oor 18 .~ 6~2 .stated the County is encouraging new businesses to locate in ,the. County, .however, citizens .will not buy property when they don't know what they are going to have to spend. He suggested either changing the use side of the ordinance or redefine the categories. County. Attorney Crook stated the primary purpose of the Highway Corridor Overlay District is to govern aesthetically along the County's roadways, i.e., buffering, landscaping and .the- location of buildings off the road, but in doing this, there is necessity to control the uses. He stated there is a constitutional .issue dealing with the removal of timber that he has .also had problems with. He stated he does not believe that the current ordinance is that strict that if a commercial use is replaced by another commercial use, however, Mr. Hartley is the person responsible .for administering the ordinance and he understands his wanting the ordinance to be crystal clear. Supervisor Bradshaw stated he believes the Highway Corridor Overlay District concept. is too strict on the property rights of individuals .and discourages economic development, rather than enhancing it. Supervisor Claud moved the Board refer to the Planning Commission the .Board's concerns :relating to .change in use on existing properties (Code Section 3604) and that it be modified to allow greater flexibility as such relates to the requirements under this Highway Corridor Overlay District. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion (4-1) and Supervisor Bradshaw voting against the motion. Chairman Spady noted the arrival of Reggie Gilliam, Southampton County Board of Supervisors, and. called for Special Presentations. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION RECOGNIZING THE 250 ANNIVERSARY OF THE FOUNDING OF SOUTHAMPTON COUNTY, VIRGINIA WHEREAS, the County of Isle of Wight, Virginia was established in 1634 as one of the original eight shires in America; and, WHEREAS, that certain portion of the County of Isle of Wight, west of the. "Black-water Stream," was set apart as a separate division by the General Assembly in 1749 and named Southampton County in honor of the Third Earl of Southampton, Henry Wriothesely, Treasurer of the London Company and friend of Shakespeare; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight recognizes. the signiticance of the 2~0`'' anniversary of the founding of Southampton County. U 1 4 NOW,. THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight recognizes and congratulates Southampton County in observance of the 250`h anniversary of its founding. The motion was adopted with Supervisors Cofer, Bradby, Spady,. Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Spady called for a public hearing on the following: The application of Isle of Wight County and Sprint PCS for a Conditional Use Permit to construct a replacement tower at a height of four hundred (~00) feet and install an equipment cabinet area at the base, ~~fiere the existing County tower site is located, at 16655 Courthouse Highway in Newport Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Ted Kruger, Sprint PCS, stated Sprint PCS is proposing to replace .the .existing- tower located on the Public Works facility property. He stated he has discussed the proposal with the County Attorney, County Administrator and the Director of Planning and Zoning and Sprint PCS will be replacing the tower at its existing location at the .same height. He stated he has been working with the County Attorney in negotiating a lease and he is Tequesting the Board approve the application. County Attorney Crook stated he has been dealing with the attorney for Sprint PCS, in addition to the representative. for American Tower, and he would ask the Board that if it approves the application tonight that it be subject to finalization of the agreement. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Bradshaw requested that the agreement include a provision that it will be the responsibility of either Sprint PCS or American Tower to remove the tower and pertinent structures in the event it is no longer utilized. S fl04' 18.~..'fi64 Supervisor Cofer moved the Board table consideration of the matter until the Board's December 2, 1999 meeting until the agreement is finalized by the. County Attorney. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Cofer moved the Board return to the regular order of the. agenda. The motion was. adopted. unanimously, (5-0). // Chairman Spady called for the. continuation of the Community Development section. of the agenda. Mr. Hartley notified the Board that the County. has been recognized as a Chesapeake Bay Partner .Community in the Bronze category for 1999 by the Chesapeake Bay Local Government Advisory Committee. He noted the County is one (1} of thirteen (l3) communities to be honored in 1999 and that the Bronze .Community Award indicates that the County has met 60% of the benchmarks set in four (4) of six (6) categories. He advised a formal presentation of this award is proposed to be made to the Board at its December 16,-1999 meeting. // Chairman .Spady moved the Board. take a five (5) minute recess. The motion was adopted unanimously (5-0). Upon returning to open session, Chairman Spady called for the County Administrator's report. Debbie J. Sivertson, Administrative Analyst, presented a report on the efforts of the Beautification Committee to begin. to develop appropriate strategies for the new welcome signs at the major corridors of the County. Ms. Sivertson requested funding for three (3) new welcome signs to be ..placed at the County's major gateways at Route 460 at Zuni, Route 460/Suffolk City limits and Route 58 Business bridge at International Paper. She stated it was recently discovered that the proposed design sketch utilized an aluminum face which was not in keeping with the Committee's intent to continue the usage of the wooden signs similar to existing County signage. She stated the Committee requests the Board appropriate $3,750 to acquire thesigns and that the signs go in the place of the VDOT boundary signage currently in place. Supervisor Bradshaw moved the Board appropriate $3,750 from the contingency account to facilitate- the Committee's acquisition of the new smaller County signage for placement as recommended by the Committee. The Committee is also to investigate the possibility of incorporating "A 6 PQ~~~ 1~ ~~::-665 Hampton Roads Community" at the bottom of the signs and advise the Board of the cost. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey presented a request from the Save the Blue Crab Foundation that the County endorse and support their .efforts to request the General Assembly adopt legislation prohibiting the harvesting of sponge crabs from Virginia. Chairman Spady stated he is favor of the request, however, he would like to find out what other localities are doing in this regard. Chairman Spady moved that staff investigate what other localities. are doing in this regard and report back to the Board at its December 2, 1999 meeting. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey stated the Board previously requested staff conduct. a study concerning the impact of the 911 tax revenues in this session of the General Assembly. Anne F. Seward, Director of Budget and Finance, distributed a report concerning 911 funding tax revenues to the Board for its study and review. County Administrator Caskey presented the 2000 legislative priorities. for the Board's consideration which contains the modifications requested by the Board at its previous meeting. Chairman Spady requested that the legislative issues presented. to the Board from the Citizens Association tonight (Under Citizens Comments) be incorporated in the legislative priorities. He also suggested narrowing down the number of priorities to be sent to the General Assembly and recommended the upgrading of Route 258 be item one and the Windsor bypass be item two. Supervisor Bradshaw requested Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, revise the 2000 legislative priorities as discussed tonight and set up a meeting with the County's General Assembly delegation. County Administrator Caskey presented a request from the Southside Regional Juvenile Detention Center concerning a proposal for the construction of a Southside Regional Juvenile Detention Center. County Administrator .Caskey recommended the Board authorize him and the County Attorney to participate in any further meetings and discussions relative to that proposal. 7 aooK 18 -h:~~666 Supervisor Cofer moved the Board direct the .County Administrator and. County Attorney to participate in further meetings .and discussions relative to the proposal for the construction of a Southside Regional Juvenile Detention Center and keep the Board advised. The motion was adopted with Supervisors .Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors.. voting against the motion. Mr. Robertson distributed a Board report concerning correspondence received from the Director of Social Services concerning the telephone system. for the Department of Social Services advising that a system has been .discovered that .will meet. that department's need at a lower costa He stated the Department of Social Services has advised it is no longer necessary to request additional funding from .the County at this time, however, there may be some adjustments to the budget later in the. year as a result of this item. Supervisor Bradshaw moved the Board rescind the motion made at its November 4, 1999 meeting to allocate the. funds for a Centranet system for the .Social Services Department. The motion was adopted with .Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5- 0) and- no Supervisors voting against the motion. County Administrator Caskey presented the State Christmas holiday schedule changes for Christmas 1999. Supervisor Claud. moved the Board follow the recommendation of the County Administrator to remain with the County's stated Christmas holiday schedule for 1999. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey stated the County Supervisors Annual Forum will be held on January 5`h, 6`~' and 7`~ in Richmond. He noted the January.6~' date conflicts with the Board's regularly scheduled meeting in January should any of the present or the new Board members wish to attend. Supervisor Claud requested that the County Administrator contact the two (2) new Board members to find out if they plan to .attend the noted conference.. If so, the first Thursday regular meeting in January may be changed by the Board. County Administrator Caskey notified the Board of a workshop on the transfer of development rights scheduled in Richmond at the State Library on December 7, 1999. He noted the registration deadline is December 1, 1999 and interested Board members .should contact Carey Mills for registration. 8 G U ~l K ~'J ~n _~ ~- L County Administrator Caskey distributed a .copy of the County's Annual Financial Plan and acknowledged the Budget and Finance Department for its efforts in preparing the document. // r-- '~ Chairman Spady called for Oid Business. Supervisor. Bradby requested a status report on flood relief for victims of Hurricane Floyd. Supervisor Bradby noted he has received a request from a citizen in his area that is requesting proration of his taxes due to 'a hardship. County Attorney Crook noted the Board would consider a resolution to this effect later in the meeting. Supervisor Bradshaw moved the Board direct staff to establish a citizens meeting for the victims of Hurricane Floyd to address relief efforts, as well as citizens' concerns and invite the appropriate State and Federal agencies (FEMA, Red Cross, Department of Emergency Services). Staff is also authorized to publish advertisement of this meeting in the local newspapers.. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. 1 Regarding. the issue of the Crepe .Myrtle tree which was tabled at the Board's previous meeting, Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO DESIGNATE THE CREPE MYRTLE TREE AS THE OFFICIAL TREE OF ISLE OF WIGHT COUNTY WHEREAS, on September 3, 1998, the Board of Supervisors of the County of Isle of Wight directed that anon-compensated committee of individuals be appointed to oversee beautification efforts in the County; and, WHEREAS, it is the. mission of the Beautification Committee to serve the community of Isle of Wight County by assuring that the County is viewed as one of the most beautiful and welcoming localities in Virginia; and, 1 WHEREAS, it is the objective of the Beautification Committee to beautify the County's major gateways and government facilities with signage and landscaping; and, WHEREAS, the Crepe Myrtle tree is recognized and esteemed for its striking landscaping attributes and cultivation throughout the southern part of the United States; and, 9 BQJM~ ~V ri,rVVII WHEREAS, the Isle of Wight County Beautification Committee has recommended that the Crepe Myrtle tree be adopted as the official tree of Isle of Wight County; NOW, BE IT HEREBY RESOLVED- that the Board of Supervisors of the County of Isle of Wight, Virginia does designate and approve the Crepe Myrtle tree as the official tree of Isle of Wight County, Virginia. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. .Regarding the issue of the historic artifacts found at Boykin's Tavern which was tabled at the Board's previous meeting, Chairman Spady advised that a committee of himself and Supervisor Cofer viewed the artifacts and determined them to be worth preserving. Chairman Spady moved the Board designate Parks and Recreation to restore the items to their proper condition and report back to the Board on what is required.. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting. against the motion. // Chairman Spady called for New Business. There was no new business offered for discussion by the Board. /! Chairman Spady called for Appointments. Supervisor Bradshaw moved the Board appoint Lynn P. Harris to the Beautification Committee.. The motion was adopted unanimously (5-0). 1/ Chairman Spady called for the County Attorney's report. County Attorney Crook distributed a Resolution for Tax Abatement for Disasters for the Board's consideration which contains the Commissioner of Revenue's suggested amendment. Gerald H. Gwaltney, Commissioner of the Revenue, stated he had reviewed the additional parcels which .was brought to his attention at the last meeting which equates to approximately $23,000 annually in tax abatement. 1 10 90~r, ~J ~~l)v He recommended .that the language contained in the Board's resolution for consideration tonight which references the language "any properties that have not been compensated by insurance or otherwise is eligible" be deleted, because if a citizen receives any assistance from FEMA or insurance, they may not qualify, which, would defeat the purpose. of the resolution. Supervisor Bradshaw moved the Board approve the following resolution as presented by the County Attorney with the amendment as recommended by the Commissioner of the Revenue to delete on Page 1, last sentence, "and which are uncompensated .for by insurance .and or otherwise": RESOLUTION FOR TAX ABATEMENT FOR DISASTERS WHEREAS, the General Assembly of Virginia by an Act embodied in Section 58.1-3014 of the Code of Virginia, 1950, as amended,. has provided that all taxpayers in the Commonwealth whose land, improvements thereon, or personal property or any portion thereof shall in any. year be destroyed in any manner by common disaster if declared such by the Governor of Virginia may be relieved from the payment of taxes thereon; and, WHEREAS, Hurricane Floyd has caused improvements. to real estate and personal property to be destroyed and that the Governor of Virginia has declared a common disaster. u NOW, THEREFORE, be it and it is hereby RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia,. that any taxpayer whose lands, improvements thereon or personal property or any portion thereof destroyed in the common disaster known as Hurricane Floyd as declared by the Governor of Virginia may, on application therefore, be relieved from payment of taxes and levies to the County of Isle of Wight upon such land, improvements thereon, or personal property which shall be so taken. The relief shall be for that year in which. such .property is taken from and after the date upon which such disaster occurred. Any such taxpayer who has not paid the taxes or levies on any such land, improvements thereon, or personal property so taken shall also be relieved of interest and penalties therefor provided he shall make payment for his. proportion, if any, of the taxes and levies for the year, for which the land, improvements thereon and personal property were so taken on or before July l , 2000. 1 Any taxpayer entitled to such relief may apply within one (1}year of such disaster to the Commissioner of the Revenue of the County of Isle of Wight who shall determine the amount of which the assessment on .such properly shall be reduced by reason of such loss. If such taxes have not been paid, the Commissioner of Revenue shall exonerate the applicant from the 11 BOCK 10 •,:'E3711 payment of so much of the tax as is applicable to such loss. If such tax has been paid, the Commissioner of Revenue shall. certify the amount of such reduction to the Treasurer of Isle of Wight County who shall issue a refund therefore. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook presented apromissory-Note from Carrollton Meadows for $79,200. to support. the proffer of $2,200 dollars .per lot secured by a Deed of Tru t and payable to the County with him as the Trustee.. .County Attorney Crook stated. he approves the Note and Deed of Trust as to form and he is requesting the Board authorize the acceptance of .same and signature of the Chairman on behalf of the County to the Deed of Trust. Supervisor Cofer moved the Board accept the Note and Deed of Trust and authorize the Chairman to sign the Deed of Trust on behalf of the County. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Attorney Crook invited interested. Board members to attend a movie screening entitled "Guilded Six Bits" set for November 26, 1999, 7:00 p.m., at the Smithfield High School auditorium. // County Attorney Crook requested a closed session under Section 2.1- 344 A? of the .Freedom of Information Act concerning two (2) matters of. potential litigation far advice of counsel and under Section 2.1-344 A3 concerning two (2) matters involving property acquisition requiring advice of counsel and under Section 2.1-344 A7 concerning a contract matter negotiations requiring advice of counsel. County Administrator Caskey requested a closed session under Section 2.1-344 A 1 concerning two (2) personnel matters. Chairman Spady requested a closed session under Section 2.1-344 A7 concerning a contract negotiation requiring advice of counsel. Supervisor Bradby moved. the Board enter closed session for the reasons stated. The .motion was adapted with Supervisor Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the. motion. Upon returning to open. session, Supervisor Claud moved the Board adopt the following resolution: 11 12 ao~~ ~.~ ~. 57~. CERTIFICATION OF CLOSED MEETING J WHEREAS, the Board of Supervisors-has convened a closed meeting on this date pursuant to an afI"irmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1 A 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: Cofer, Bradby, Spady, Bradshaw and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Cofer moved that the Board reappropriate a total amount of $27,570..12 from the unappropriated fund balance to the Capital Budget to cover the retainage on the Carrollton Library and $3,273 to do the regrade. The motion was adopted. with Supervisors Cofer, Bradby, Spady, .Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Cofer moved that the Board approve payment for certain engineering bills incurred by the County Attorney. for studies of property considered for acquisition to come from the Capital Contingency Fund. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. // 13