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02-17-2005 Regular Meeting.-~.._ ~~n~ ~~ rr~~ Fi~i_ REGULAR MEETING OF .THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE .SEVENTEENTH. DAY OF FEBRUARY IN THE YEAR TWO. THOUSAND AND FIVE .PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby. Richard K. MacManus Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development ' Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw. called the meeting to order at 6;00 p.m. // Chairman Bradshaw called for the delivery of the invocation. He noted that Supervisor Bradby was the Board member who originally initiated the Board having an invocation, and it is only appropriate that he be the one to deliver the invocation until he retires. Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. County Attorney. Stroman requested that the following amendments be made to the agenda: that a new Item (8), Appointments, be added to include an appointment to the Newport Development Service District Corridor Revitalization Committee; Under Item (10), New Business, add an item pertaining to briefing from staff concerning. the landscaping at Eagle Harbor; Under Item (12), Closed Meeting, add three (3) new matters, the first matter ~ pertaining to advice of counsel and briefing by staff; the second matter pertaining to .potential litigation; and the third- matter pertaining to a 1 .,,,~ ......~.,t.~,..~,~<.~...... _... , _ v. .. _.. _ .. _ ... ~... . , . .. .. _ _ _ . _ . . . ~ , ~ y .~ .. . ~ v,.., 1 1 '-1 _J ~~AK 23 ,:~ S`~ personnel matter; and, that Item 2(c), Special Presentation by PrimeMedia, be deferred. Supervisor Wright moved that the Board approve the `agenda, as amended.. The emotion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1/ Chairman Bradsha~y called for Special Presentations. Sheriff C. W. Phelps. formally introduced the Honorable Anthony Goddard, High Sheriff of Isle of Wight, England, to the Board. Chairman Bradshaw presented the Honorable Anthony Goddard with a copy of Historical Notes on Isle. of Wight. County, a book authored by Helen Haverty King. Jeffrey Newton, .Western Tidewater Regional .Jail Superintendent, reparted that while the Jail is currently financially sound, should the Jail not generate revenue from Federal inmates next. year, .the Board should be prepared to provide its share of financial support. He stated security concerns and maintenance items have been addressed to ensure that the Jail is a viable facility. in the future. He advised funds have not been set aside in a cash reserve in past years; however, this year he will be recommending that funds be set aside to either defray operating costs. in the future ar to be used for some of the larger dollar capital projects in the future. He stated. it is his intent that the Jail will continue to generate additional revenues .above and beyond those anticipated, and that it will be the recommendation of the Board of Directors as the Jail closes out its fiscal year not to return any excess revenue to the communities. Chairman Bradshaw mentioned that the. presentation by PrimeMedia had been deferred under the Approval of the Agenda.. 1I Chairman Bradshaw indicated the Consent. Agenda included the following items:. A. Resolution to Recognize the Bon Secours Hampton Roads Health System. B. Resolution to Accept Donated Items and Appropriate Ten Thousand Dollars to the Isle of Wight Museum C. Resolution to Deem. Certain Property as Surplus Equipment 2 ~~~, 2~ .,~ 68 LJ. rti D. Resolution to Authorize the Solicitation of Proposals for Non- Professional Services for Emergency Services Pagers, Portable and Mobile Radios E.` Resolution to Appropriate Three Hundred. Thousand Dollars from the Public Utility Unrestricted. Retained'Earnings for Legal x Costs F. Salary Supplement for the Commissioner of the Revenue G. Status of Lawnes Point an the James H. Planning Commission Action List of January 25, 2005. I. The. request of Design Engineering Services for an exemption to certain provisions of the Highway Corridor Overlay District for a .neighborhood shopping center. J. Site plan of Eagle Harbor Tract 10A, Parcels 1 and 2 K. Delinquent Real Estate Tax Collection Monthly Report L. January 20, 2005 Regular .Meeting Minutes Chairman.Bradshaw.osked if there were any items for removal.. Supervisor MacManus requested that Items (C), (I) and. (J) be removed from the Consent Agenda for further discussion. Supervisor Clark moved that the .Board .remove .Items (C), (I) and (J) from the Consent: Agenda. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion.. Chairman Bradshaw moved Items (E) and (G) be removed .from the Consent Agenda. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board .adopt the Consent Agenda, as amended. The .motion was .adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark .and .Wright voting irn favor of the motion, and no Supervisors voting against the motion. With respect to Item (C), Resolution to Deem .Certain Property as Surplus Equipment, Supervisor MacManus inquired if staff had checked with 3 ~. -.~._.. - Ao~~ 23~~ ~69 the school system or the recreational and athletic associations to see if they had a need for the lighting system. Andrea Clontz, Accounting Manager,. advised that the school administration. had been contacted,. and had declined. She noted. that the Director of Parks and Recreation had voiced concerns about the integrity of the poles. With respect to Item (E), Resolution to .Appropriate Three Hundred Thousand Dollars from the Public Utility Unrestricted Retained Earnings for Legal Costs, .County Attorney Stroman informed .Supervisor Clark that the _ Resolution pertains to expert witness fees and:. outside counsel fees in connection with the water and sewer connection fee litigation involving East West Partners. With respect to Item (G), Status of Lawnes Point on the James,. Jonathan W. Hartley, Director of Planning and Zoning, notified Supervisor Clark that the report is responsive to Supervisor Bradby's request for a status r.Pport. Responding to Supervisor Bradby, Mr. Hartley stated if could be as much as a year before the County receives the final plat, depending-.upon the design. firm of the developer. He stated construction: plans were received in the beginning of February, 2005,. which will take several months for staff to review. He offered to make contact with Mr. Jerrard and find out his concerns. 1 1 . With respect to Item (I), the request of Design Engineering Services for an exemption to :certain provisions of the Highway Corridor Overlay District for. a neighborhood shopping center, Supervisor MacManus recommended that staff work with the applicant to determine the colors .that will match the existing bricks. With respect to Item (J), Randy Royer, Kimley-Horn & Associates, Inc. received recommendations from Supervisors MacManus and Clark as follows: The tops over doorways should not be continuous in order to break up the facade; the caliber of trees planted should be ofview-blocking size (on the sides particularly) at planting, and include evergreens; the back of the .development should be planted with sufficient evergreen trees to prevent. a view of the back. of the development for homeowners; signs should be front- lit; plate glass windows .should be changed to give the appearance of individual units; and, the color of the brick should be varied to give -the various buildings their own individuality. . With respect to landscaping .upkeep,. Supervisor Bradshaw commented that if staff is going to require a certain height of tree be planted, staff should also require that the trees be fertilized for the next several years. Supervisor MacManus requested that. he be provided a revised rendering incorporating the above comments of the Board. 4 94~K - 2c) r,.e~ ~Q Supervisor Clark moved that the Board table Item (7}, Site Plan of Eagle Harbor Tract 1OA, Parcels l and 2, until the Board's March 17,2005 meeting to allow the site plan to be revised. In the meantime, staff is directed to take into consideration the Board's comments with respect to landscaping,. signs, windows, and brick colors. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in < favor of the motion, and no Supervisors. voting against the motion. Supervisor Clark .moved that staff be directed to relay the general concerns expressed by the Board. tonight to the Planning Commission with the request that it ensure that these. concerns are .addressed by developers in all future designs. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved that the..Board approve the remaining items (E), (I), (C) and (G) on the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor. of the motion, and. no Supervisors voting against the motion. // Chairman Bradshaw called for Transportation Matters. Sandon Rogers, Transportation Planner, presented a Resolution of the Board of Supervisors of Isle of Wight County to Designate Campbell's Chapel. Drive, Route 665, as a Rural Rustic Road for the Board's consideration.. Supervisor Clark moved he Board adopt the. following Resolution:. RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO DESIGNATE CAMPBELL'S CHAPEL DRIVE, ROUTE 665, AS A RURAL RUSTIC ROAD WHEREAS, during .the 2002 session of the General Assembly, legislation was passed to revise §33.1=70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, VDOT has expressed a willingness to adopt this concept on_a pilot basis until the. program is fully implemented to assist in developing and. defining the guidelines to be used for the program; and be evaluated by ` VDOT with regard. to safety, resident concerns, and environmental .issues; and s~::~ 23 ~h_~ 71 1 i .WHEREAS, the Resident Engineer for the. Virginia Department of Transportation concurs with this designation, and WHEREAS, Campbell's Chapel Drive, Route 665, is located. in a low- density .development .area, and has a traffic count between 50 and 500 vehicles per day, .and WHEREAS,. this Board is unaware of any. pending development that will affect the existing traffic on this road, and WHEREAS, Campbell's Chapel Drive, -Route 665, traverses an area known for its relaxed ambiance and should be considered for designation as a Rural Rustic Road, and WHEREAS, Campbell's. Chapel Drive, Route 665, is included in the Six-Year Improvement. Priority Plan for Secondary Roads of the State System of Highways for Isle of Wight County, Virginia: NOW, THEREFORE, BE IT RESOLVED,.. by the Board of Supervisors of Isle of Wight County, Virginia, we hereby designate .Campbell's Chapel Drive, Route 665, a Rural Rustic Road. BE IT FURTHER RESOLVED, this Board requests that. this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes and rural .rustic character along this road in its current state. BE IT FURTHER RESOLVED, this Board endeavors to preserve the rural character of this road as it pertains to development. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the .Resident Engineer for the Virginia Department of Transportation. The .motion was. adopted by -a vote. of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Rogers -noted that contained in the agenda is a .list of VDOT responses to action items from various Board meetings .through January, z 2005 for the Board's information. Mr. Rogers advised that he had. made contact with the Crocker brothers and a meeting has been set up for the .following Tuesday to discuss their . concerns.. 6 MacFarland Neblett, Resident Engineer,. Virginia Department of Transportation, advised the Board that he had met with the Isle of Wight County Citizens Association, and .that also in attendance was .Mike Dangerfield, Facility Manager for: the Monitor-Merrimac Bridge.. He .stated that the same gates used as part of the hurricane plan could also be used at the end of the James River Bridge to notify motorists when accidents occur. He stated he would be speaking with :the VDOT Traffic Engineering .section to determine if a more reasonable alternative can be found. Supervisor Bradshaw inquired if a sign could be installed notifying motorists when the James River Bridge is closed to traffic. Mr. Neblett replied that signs could be installed, but VDOT would first need to come up with a suitable plan. Supervisor MacManus requested that Mr. Neblett come back to the .Board within 30 days to advise what VDOT intends to do with. respect to notifying motorists when the James River Bridge is closed. // At ?:00 p.m., Supervisor Wright moved that the Board amend the regular order of the agenda in order to conduct the public .hearings. The motion. was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark 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: An Ordinance to Amend Chapter 15, Taxation, Article II. Real Estate Taxes, Section 15-7 Exemption. or Deferral for the Elderly or Handicapped. County Attorney Stroman advised .that the proposed ordinance reflects a change in the time that .applications trust be received from May l 5c of each taxable year to October 15`" of each taxable year. He stated this change will allow the Commissioner of Revenue sufficient .time to process applications prior to the due date for the payment of the first installment in .December. He distributed a copy of the ordinance. reflecting revisions of certain non- substantive errors, and he requested. that the Board consider adopting the revised ordinance in place of the ordinance contained in the agenda. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed Ordinance. _7 C 1 1 8 0 n K ~~ ;~'" ~~ .Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor MacManus moved the Board adopt the following ordinance, as amended and substituted by the County Attorney: .PROPOSED AMENDMENT TO CHAPTER 15, TAXATION, ARTICLE II. REAL ESTATE TAXES .WHEREAS, the Isle of Wight County Board of Supervisors has recently adopted an ordinance providing for greater tax relief for the elderly or handicapped; and WHEREAS, the Isle of Wight County Board of Supervisors deems it advisable that the deadline for filing applications with the Commissioner of the Revenue for the. exemption or deferral of taxes for the .elderly or handicapped be extended to October 1 S of each taxable year; ar_d WHEREAS, this change will. allow for a determination of eligibility of tax relief for the elderly or handicapped prior to the due, date of the first installment for the real estate taxes. NOW THEREFORE BE IT RESOLVED by the Isle of Wight County Board of .Supervisors that Chapter 15, Taxation, Article II. Real Estate Taxes, Section- 15-7 Exemption or Deferral for the Elderly or Handicapped be amended as follows: (f) (2) Annually, and not later. than October" 15 of the taxable year, the person or persons claiming an exemption or deferral must file a real estate tax. exemption affidavit with the commissioner of the revenue. .The affidavit shall set forth, in a manner prescribed by the commissioner, the location and assessed .value of the property, .the names of related persons occupying the dwelling for which exemption or deferral is claimed, the gross combined incomes of such persons, the net combined financial worth of such persons, the age or nature of the disability of the applicant and, if the person is eligible for social security, a certification by .the Social Security Administration or, if such person is not eligible for social security, a sworn affidavit by two medical doctors licensed to practice in the state,. to the effect that. such person is permanently and totally disabled as defined in subsection (b)(2)(b) of this section. j The .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark 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: 8 ~,~.,.;~.~,~~.,~.~,u... ~t...~,~.r ; .,~.. _ ,~.... .. ,. . ~~,..~ 904K 2J .!~;, ~~ An Ordinance to Amend. Chapter. 7, Fire Protection, Article I. In General, Section 7-1.3 .Emergency Ambulance Transportation Service Fees.. County Attorney Stroman advised that the amounts in the proposed ordinance have been revised to reflect those charged by neighboring localities, and on the advice of the County's consultant. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed Ordinance. Troy .Ramsey of Carrollton. commented that individuals who would most likely. to use ambulance service would be senior citizens who are already living on a fixed income. He stressed that the County already has numerous volunteers who hold fundraisers to support the .various fire departments. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman. Bradshaw informed 1VIr. Ramsey that the intention of the. proposed ordinance is to bill insurance companies, Medicare and Medicaid. He noted that any unpaid, bills would not be referred to collection agencies, and that the Board is moving in this direction at the request of the various- rescue squads. Supervisor MacManus .advised that the County currently funds approximately $350,000 annually for paid support for rescue services, and the ordinance, if adopted, is intended to assist with offsetting some of the associated expenses. He noted that the County. has .recently experienced a drop in the number of volunteers in the rescue squads. Supervisor Clark assured Mr. Ramsey that no one would be turned down for rescue service as a result of the ordinance being adopted. Supervisor Bradby inquired .how the County intends to handle calls for individuals that do not have insurance. Supervisor'Clark stressed that it is not the Board's intent to deny rescue service to any individual, or put any individual in a financial hardship; however, the County does intend to ensure .that insurance companies, Medicare and Medicaid pay their fair shares. Supervisor MacManus moved the Board adopt the following Ordinance. AN ORDINANCE TO AMEND CHAPTER 7, FIRE PROTECTION, ARTICLE L IN GENERAL, SECTION 7-1.3 9 ,.P...x_~.,~,ar.~..~t~_...~.,~ .._ ., ~ .._~_. ._. ,.. _ . _ _. ._ ... _ _ . _ ., ....._ . . .. . ... . .. ... ... ~, _ y ~ ~.~,~~. ter. BUOK ~~ ~ ~~:` ~~ EMERGENCY AMBULANCE TRANSPORTATION SERVICE FEES 1 1 1 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia recognizes the increasing costs of providing ambulance transportation services to its citizens; whereas other communities have begun to charge ambulance transportation services fees in order to defray these costs; and WHEREAS, the Isle of Wight County Board of Supervisors has: determined that it is appropriate to provide for ambulance transportation service fees in order to partially defray the cost of providing these services.. NOW THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that. Chapter 7 of the Isle of Wight County Code be amended to add Section 7-1.3 as follows:- Section 7-1.3 Emergency Ambulance Transportation Service Fees (a) In accordance with Section32.1-111..14 of the Code of Virginia (1950), as amended, the provisions of -this Section 7-1.3 are deemed necessary to assure that adequate emergency services are provided to ensure the health, safety and general welfare of Isle of Wight County citizens. (b) Definitions, The following definitions shall apply for purposes of this Section: (1) "Basic Life Support" or "BLS" shall .mean medical treatment or procedure services provided to a patient as defined by the National Emergency Medicine Services (EMS) .Education and Practice .Blueprint for the .Emergency Medical Technician (EMT)-Basic. (2) "Advanced Life Support Level 1" or "ALS-1" shall mean. medical treatment or procedure services provided. to a patient beyond those defined in subpart (b)(1) above, but shall not include those services set forth in. subpart (b)(3) below. (3) "Advanced Life Support Level 2" or "ALS-2" shall mean those advanced. life support (ALS) services provided to a patient beyond ALS-1 including the following procedures: (i) manual defibrillation/cardioversion; (ii) endotracheal intubation; (iii) central venous line; (iv) cardiac .pacing;. (v) chest decompressions; (vi) .surgical airway; or (vii) intraosseous dine, and the administration of three. or more medications of any kind. (4) "Ground Transportation Mileage" or "GTM" shall mean the. assessed travel distance, in statute miles, from the location. of .the incident scene, or center point of a fire demand zone where an 10 z 9onK 23 , _: 7s incident scene or address is located, to a hospital or othermedical facility where. a patient is transported. (c) The schedule of fees for ambulance transportation services provided by the Isle of Wight County Department of Emergency Management are as follows: SERVICE FEE. Basic Life .Support (BLS) $350.0. 0 Advanced Life Support Level 1 $450.0 ALS-1 0 Advanced Life Support Level 2 $575.0 (ALS-2 0 Ground Transportation Mileage $8.25/ (GTM mile (d) The Director of Emergency Management is hereby authorized and directed to establish such rules and regulations as may be necessary for the administration of the charges imposed by this Section 7-1.3, including but not limited to, billing and repayment procedures. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark 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 Cost Plus, Inc. for a change in zoning classification from Rural Agricultural Conservation (RAC) and Limited Industrial (LI) to Conditional-General Commercial (C-GC) of approximately 2.362 acres of land located on Windsor Boulevard (Route 460) and east of Dominion Parkway in the Windsor Election District. The purpose of the application is for general commercial uses. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the application. Michael Culpepper, .attorney with Williams Mullens, noted the .County's Planning Commission had endorsed. the application to the Board. He volunteered to address any particulars of the application should the Board so :desire. Supervisor Clark inquired what types of businesses are proposed for this site. .Attorney. Culpepper advised that there is not a known user at this time, and. he referred to the Board Report contained in the agenda which lists the lI 1 1 types of business that can not be located at the site. He stated. with respect to the concern. voiced by a member of the Planning Commission about the possibility of a convenience store or fueling. station being. built on the site, .Cost Plus would be required to seek a Conditional Use Permit for that use. Mr. Hartley advised the Board that staff met. with Cost Plus representatives and developed a list of what each thought would be an inappropriate use given the size and location of the site. He advised the site is located in the Highway Corridor Overlay District, and Cost Plus is required to come back to the. Board in the future with a site plan, at which time the Board would have the opportunity to make comments. County Attorney Stroman advised'that Cost Plus is:bound by excluded uses forever, unless the proffers are amended.. He stated with respect. to the uses that are permitted now without a Conditional Use Permit, should the law later change to require a Conditional Use .Permit, the owner would be required to submit. and receive approval of the Conditional Use Permit with any conditions .the Board might deem appropriate within the limits of the Code of Virginia and the County Code. Chairman. Bradshaw closed the public hearing and called for comments from the Board. - Supervisor Wright moved the Board approve the application of Cost Plus, Inc., as conditioned. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. // Supervisor Clark moved the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the continuation of Transportation Matters. Supervisor MacManus recommended that they gates be placed in the roadway in close .proximity to the RaceTrac gas station so that traffic can be rerouted before it reaches: the surrounding tidal marsh.. Mr. Neblett advised that VDOT had intended to secure the gates at the end of the James River Bridge, I2 ~M~..,~~_T~.,-.~~.,~~, ~.....~~.T ..~ „....- .. ,.. _ .. _~t, ~ ri, . ~ . ~.,,~ ~,.n . ~.. ~~ , x ~o~K 23 ,,~:~ 78 M L. Noting that Mr. Dangerfield has been invited to address .the Board on several different occasions, and not appeared, Supervisor Clark moved the Board direct staff to invite Mr. Dangerfield, or his superior, to the Board's March 17, 2005 meeting to discuss the safety conditions on the James River Bridge, and how the citizens. of the Commonwealth of Virginia are. impacted. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the motion,. and no Supervisors voting against the motion. Responding to Chairman Bradshaw's inquiry if accidents are considered a .safety issue with VDOT, County Administrator Caskey offered to investigate whether or not staff could apply for Transportation .Safety Funds on behalf of the County. Supervisor Clark notified Mr. Neblett that Mr. Lucci has advised him that the drainage ditches at the intersection of Smith's Neck Road and Minga Lane are clogged, and in need of cleaning. Supervisor Clark further notified Mr. Neblett that Harry Cassell has advised him that the drainage ditch and culvert underneath. King's Cove. Way and Route 17 are clogged, and in need of cleaning. Supervisor. MacManus requested. that Mr. Neblett take appropriate action to have the U-turns 'and left turns eliminated on Benns Church Boulevard/Route 10 at the James River. Christian Academy. Supervisor Bradby requested that Mr.' Neblett take the appropriate action to have the broken pavement repaired at Fort Huger Drive. ..Supervisor Wright requested~Mr. Neblett to take the appropriate action to have the drainage problem corrected at The Tobacco Shop located on Route 460. Chairman Bradshaw. requested Mr. Neblett to take the appropriate action to have the potholes repaired on Gray Mill Road. Joe Lomax, Assistant .Resident Engineer, VDOT, advised the Board that work has begun to establish ditches on Vellines Lane, which ties into Kings Cove Way. . Mr. Rogers recommended that the Board authorize the .Chairman to sign a Letter of Intent for. the Revenue Sharing Program for Fiscal Year 2005-06 based on the Board's previous financial commitment at its January 20, 2005 meeting.. Supervisor MacManus moved the Board authorize the Chairman to sign .the Letter of Intent for the fiscal. year 2005-06 Revenue Sharing Program. The motion was adopted by a vote of (5-0) with Supervisors 13 „~.,,.,~..4...~_.._~~~.,r.~~~...~ .,.__.. ~.. ___ _ , __.~ ~ . ~ . ._ __ _ .._ _ .... _ _- _ r. ._._. z. ~._~.._ . ~ ~ .~.. a..~.w . .. , II 1 1 9DDr ~J ~.:- ~~ MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Citizen's Comments. Albert Burckard of the Newport District addressed the Board on the history of the Confederate Flag. U Chairman Bradshaw called for the County Attorney's report. County Attorney.Stroman presented a revised set of Rules of Procedure that incorporated all but one of the previous comments of the .Board. He apologized for omitting language with respect to disruptive behavior, and recommended that the Board approve the Rules of Procedure, as amended, to include that language. Supervisor Clark moved that the Board .adopt the Rules of Procedure for the Board of Supervisors, as amended to include the following language with respect to disruptive behavior "any person engaging in .any conduct... which impairs the ability of the Board to conduct, or citizens to participate in, a meeting may be ejected from that meeting. in addition to any other applicable penalty." The motion was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and ~no Supervisors voting against the motion. County Attorney Stroman briefed the Board on the Scott vs. Isle of Wight County Board of Zoning Appeals matter which was dismissed by the Circuit Court .fudge. Supervisor Clark requested that Attorney Stroman relay to the Board of Zoning Appeals (BZA) the Board's sentiment: that that Board made a wise dzcision in that matter. I/ Chairman Bradshaw called for the County Administrator's report. County Administrator Casket' presented a request of the Friends of the Carrollton Public Library seeking the permission of the Board to construct a memorial garden and a gazebo behind the Carrollton Public Library. Supervisor Clark. moved the Board approve the .request of the Carrollton .Public Library to construct a memorial garden and a gazebo behind the Carrollton Public Library. The motion was adopted by a vote of 14 ...~,. _.~._.. _ . ~ . k , . _ ,. ~ ..~. . _... ._.. ~__, :. ._ _, ,.~~ e,~.r ~.b_~.:. ~.~.., (S-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and".Wright voting in favor of the, motion, and no Supervisors voting against the. motion. County Administrator Caskey presented a request from the Clerk of the Circuit Court for a local supplement in that office. Supervisor Clark moved. the Board approve the request of the Clerk of the Circuit .Court to fund the County-funded .position within his. office at a - salary of $21,074, and that the Clerk of Circuit Court $e authorized to transfer $S6S from his FY 2004-OS budgetto fund the increased salary. The motion was adopted by a vote of (S-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in :favor of the motion, and no Supervisors voting against the motion.. County Administrator Caskey stated. responsive to the Board's previous direction is a resolution changing the meeting schedule adopted by the Board at its organizational meeting of January 20, 2005 reflecting the cancellation of the March 7, 2005 meeting of the~Board. Supervisor Bradshaw moved the Board adopt he following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA. TO CHANGE THE MEETING SCHEDULE ADOPTED AT ITS ORGANIZATIONAL MEETING OF JANUARY 20, 2005 WHEREAS, .the Board of Supervisors of Isle of Wight County, Virginia,. has .determined it is necessary to change the meeting .schedule adopted at the Board's organizational meeting of January 20, 2005; and, WHEREAS, the Board of .Supervisors took action at its meeting of February 8, .2005 to cancel its March 7, 2005 Board meeting and directed staff to make a recommendation at the Board's February I7, 2005 meeting on a time to hold the March 17, 2005 meeting; and. WHEREAS, staff has recommended that the Board's Marchl7, 2005 meeting commence at 5:00 p.m. - NOW, THEREFORE., BE IT AND IT IS HEREBY RESOLVED, that the Board of Supervisors hereby cancels its previously scheduled March. 7, ZOOS meeting and will begin its March 17, 2005 meeting at 5:00 p.m. This Resolution is in compliance with the requirements of the Code of Virginia, Section 15.2-1416 (1950, as amended). The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. 15 y l 1 C Folio"wing discussion: by the Board, it was the consensus of the Board to hold its annual Town Meeting on Wednesday, April 13, 2005 at 7:00 p.m. at the Rushmere Volunteer Fire Department. Supervisor MacManus requested that staff invite the Rushmere fire and rescue organizations to attend the Town Meeting, and that they be prepared to address any items of interest or need of their respective .organizations. He further requested that transportation issues.be listed as a topic of discussion on the agenda. Anne F. Seward, Assistant County Administrator/Administration. presented a proposed FY 2005-Ob Budget calendar for consideration by the Board. Supervisor MaeManus moved the Board authorize staff to .prepare a resolution to be brought back to the Board- far consideration at its March 17, 2005 meeting advising that the Board is setting a work.session on March 28, 2005 at 5:00 p.m. for.. the purpose of discussing the proposed FY 2005-06 budget. The motion .was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no Supervisors voting against the motion. // .Chairman Bradshaw called for Appointments. Supervisor Clark moved that the Board appoint Ted P. Hoagland to the Newport Development Service District Corridor Revitalization Committee. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. County Administrator Caskey noted. contained in the .agenda is an .update on Action Steps, pursuant to the Board's previous direction. The Board received the update, and took no action on the issue of Action Steps. // Chairman Bradshaw called for New Business. 9~~~ 23 tr.~:~ $2 Mr. Hartley stated responsive to the .direction of the .Board at its January 20, 2005 meeting, staff has preliminarily reviewed the landscaping at Eagle Harbor and determined it to be in compliance with the requirements of the County's current Ordinance. Supervisor MacManus .requested that Mr. Hartley take photos of the existing landscaping conditions at Eagle Harbor; provide the Board with copies of .the Board's and staff's previous direction to the developer with respect to desired landscaping standards; and, invite .the developer to a meeting so that he can explain the difference. between what was actually planted and the rendition shown earlier to the Board: Mr. Hartley noted he would bring the matter back to the Board at its March 17, 2005 meeting. Supervisor Clark reminded staff .that he is still interested in receiving information on how the County can prohibit. large scale open .burning in the Newport Development Service District. Supervisor Clark noted an interest in reviewing VACo's ordinance with respect to buffering requirements for biosolids and silvicultural applications. . Mr. Hartley offered to provide the Board at its March 17, 2005 meeting a copy of the VACo draft ordinance. He noted that he would also bring back information on the ability and desirability of the County. to undertake the inspection function.. He noted there are funds available from the State. // County Attorney Stroman requested the Board convene in closed meeting pursuant to Section 2.2-3711.A.6 of the. Code of Virginia pertaining to a matter. involving the investment of public funds where, if discussed in open session, would .adversely affect the position of the governing body, specifically a proposed contract related to trash disposal; under Section 2.2- 3711.A.7 of the Code pertaining to a matter for. advice of counsel and briefings from staff related to a legal issue.. concerning the payment of proffers; under Section 2.2-3711.A.7 of the erode pertaining to advice of counsel with respect to probable .litigation related to contractual issues arising out of the Courthouse renovation; under Section 2:2-3711.A.3 of the Code to discuss the acquisition of real property for. public purposes where the discussion in open session would. adversely affect the position of the governing body; .under Section 2:2-3711.A.1 of the Code concerning a personnel matter related to assignment, appointment,. promotion, performance, etc. of a public employee; and, under Section 2.2-3711.A.7 of the Code pertaining to legal advice and briefings from staff regarding wastewater disposal issues. m~„~„~_, ,~ . r., .._ ... ~ _ _ ~ . _ . _, .~ . _ _ ...._.. ., .. _..W , ., ,~....,.~, ~ .~,.... 1 1 Supervisor Wright moved .the Board enter the. closed meeting for the reasons stated. The motion was. adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board return to open session. The motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and :Wright voting in .favor of the motion,. and. no Supervisors voting against the motion.. Supervisor MacManus moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.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: MacManus, Bradby, Bradshaw, Clark and Wright i NAYS: 0 ABSENT DURING VOTE: 0 .ABSENT DURING MEETING: 0 The Board took rio action following the closed meeting. // At 9:20 p.m., Supervisor Bradby moved the Board adjourn its. meeting... The motion was adopted by a .vote of (5-0) with Supervisors MacManus, 18 ~,~,~,.~fi~,, r~x,. , w .,...,. r , ~ .~ . , ,. ~ _ _ ~ .. . _ ... ., , .~,~_ ~~r,.. ~,.~,~~....~..~~ 9D4K ~J ~r,_:. ~~ Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. ip A. Bradshaw, Chairman W. Douglas as y, Clerk 19