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03-17-2005 Regular Meeting1 1 REGULAR MEETING OF THE ISLE OF .WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF MARCH 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 Casket', 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 he meeting to order at 5:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was. conducted. // Chairman Bradshaw called for approval of the agenda. r~ County Attorney Stroman requested that the following amendments be made to the agenda: add a new presentation under Item (B), A Resolution to Recognize the Courageous and. Unselfish Actions of Sixteen Year Old Bradley Dotson on January 2, 2005; delete Special Presentation Item (C), Patrice Harris,. Senator Allen's Office, and that it be rescheduled for. a later date; move the presentation under Transportation by .Mike DangerfieldNDOT concerning safety conditions on the: James River Bridge; pull Item (C), the County Personnel Policy, under. the Consent Agenda for further discussion; receive the report on auto repair shop under Item. (8), Community Development .Report, and take the matter up under the closed meeting; and,. add an item concerning Voting Machine Acquisition Agreements under the County .Administrator's. Report. He advised that the closed meeting would consist of the following twelve (12) items: pursuant to Section. 2.2-3711.A.7 of the Freedom of T,nformation Act a matter relating to _1 ,, „.,~~,,,~ .. P.; .~:~...~~,~~.~.r.,~..~~~., ~..,~..~~. v:m,.,._,.,~_. _ .,._. _ _~,«..:. _ _ . , _:~.. _.. ... _. _ , _ . r.-,..~. ".. .~~~_~4.~ ~.~~ 90~x ~:~ -~ ~6 a drainage issue near Eagle Harbor; pursuant to Section 2.2-3711.A.5 concerning a discussion of a prospective business or industry where no previous announcement has been made, specifically the. issue of economic incentives; pursuant to Section 2.2-3711.A.7 concerning .legal advice and briefings by staff on a matter relating to the placement of on-site wastewater disposal systems; pursuant to Section 2.2-3711.A.7 concerning legal advice and briefings and probable litigation regarding the .granting of a variance; pursuant to Section 2.2-3711.A.7 regarding legal advice and briefings by staff pertaining to actual litigation relating to codes compliance issues for auto repair shops; pursuant to Section 2.2-3711.A.7 concerning. legal advice and briefings by staff regarding replacement of .non-conforming signs; pursuant to Section 2.2-3711.A.7 relative to legal advice concerning ordinances relating to the investigation of codes compliance complaints; pursuant to Section 2.2-3711.A.7 relating to actual litigation pertaining to determinations by the Board of Equalization; pursuant to Section 2.2- 3711.A.7 regarding actual litigation pertaining to the litigation filed by East West Partners against the County; pursuant to Section 2.2-3711.A.7 relating to legal advice pertaining to the issues of proffers tendered to the towns; and, under Section 2.2 3711.A.1 concerning two (2) personnel items regarding the performance of specific County employees. County Administrator Caskey requested that a presentation by Theodore Hardison be added as Item (F) under Special Presentations. .Supervisor Clark moved that the Board approve the agenda, as amended. 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 $radshaw called for Special Presentations. Chairman Bradshaw. presented the following Resolution o the family of the Late Francis Carl Zerick: RESOLUTION TO POSTHUMOUSLY HONOR THE SERVICE. OF SERGEANT FRANCIS."FRANK" CARL ZERICK TO THE COUNTY OF ISLE OF WIGHT, VIRGINIA WHEREAS, Isle of .Wight County wishes to posthumously honor. Sergeant Francis "Frank" Carl Zerick, who served with the County of Isle of Wight Sheriff's Office as a law enforcement officer for seven (7) years and, who on March 9, 2005, at sixty (60) years of age, valiantly lost a battle with cancer. WHEREAS, Sgt. Zerick's, contribution to the public safety of Isle of Wight County's citizens is immensely appreciated; as were his devotion to 2 r~,. _ .M~__ ...,,~,a,. 1 ~1 duty; unique and buoyant. brand of humor; generosity; directness, and defiance of death. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to recognize the outstanding service provided by Sgt. _ Frank Zerick to the citizens of the County of Isle of Wight, Virginia, and to express their sincere gratitude to the family of Sgt. Frank Zerick. BE IT FURTHER RESOLVED that the Clerk of the Board of Supervisors of the County of Isle of Wight, Virginia is directed to spread a copy of this Resolution upon the official minutes of the Board, and that an attested copy of same be presented to Margaret Estelle Zerick, widow of Sgt. Frank Zerick. Whereas, William. B. Copeland has. spent. countless hours. purchasing and maintaining the tools needed to ensure the safety of the. citizens of Isle of Wight County. and the Town of Windsor; and, 3 Sheriff C. W. Phelps commended the late Francis Carl Zerick for his dedication to duty. Supervisor MacManus moved that the Board .adopt the Resolution to Posthumously Honor the Service of Sergeant Francis"Frank" Carl Zerick to the County of Isle of Wight, Virginia. 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. Wright presented the following Resolution. to William B. Copeland: Resolution of Appreciation William B. Copeland Upon the Completion of his Services to the Windsor Volunteer Fire Department and the Citizens of Isle of Wight County Whereas, William B. "Willie B."Copeland served for thirty-eight years as Fire Chief of the Windsor Volunteer Fire Department; and, Whereas, William B. Copeland has selflessly given of his time and energy during his tenure as Chief to provide leadership and direction to the Windsor Volunteer Fire Department; and, ~n~r 23 ;; ~F ~8 Whereas, William B. Copeland's years of has .had a positive impact on the safety and quality of life of the community;. Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that William B. Copeland be recognized and commended for his outstanding service to the citizens of Isle of Wight. County and the Town of .Windsor, and is presented. this Resolution as a token of the Board's gratitude .and esteem; and, Be It Further Resolved, that the .Isle of Wight County Board of .Supervisors extends to William B. Copeland its best wishes far his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this seventeenth day of March 2005. Supervisor MacManus moved that the Board adopt the Resolution of Appreciation to William B. Copeland Upon the Completion of his Services to the Windsor Volunteer Fire Department. and the Citizens of Isle of Wight County. 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. William B. Copeland thanked the Board for its past support in funding. . Supervisor Clark presented the following Resolution to Bradley Dotson: RESOLUTION TO RECOGNIZE THE COURAGEOUS AND .UNSELFISH ACTIONS OF SIXTEEN YEAR OLD BRADLEY DOTSON ON JANUARY 2, 2005. WHEREAS, Isle of Wight County recognizes the ..courageous. and unselfish actions of sixteen year old Smithfield High School student. Bradley Dotson of Carrollton, Virginia, for his heroic efforts in attempting to revive his ailing great-grandmother, Alberta Crocker, .following her. collapse. on January 2, 2005; and, WHEREAS, Bradley Dotson calmly and competently performed cardio pulmonary resuscitation (CPR) for approximately ten minutes on his great- grandmother who had ceased breathing; and, WHEREAS, the. requisite courage for administering CPR to a loved one, and family member, far exceeds what a normal Good Samaritan, or professional health care provider, would need. Mr. Dotson was originally certified to perform CPR as a part of a certified babysitting course for the care of his younger sister; and, by .maintaining his certification, was able to use this skill to attempt to revive his great-grandmother. This unselfish act is a reminder that there are caring and effective youth in Isle of Wight County, Virginia. 4 __~. ~~r,y 1 NOW,-THEREFORE, BE IT AND IT IS HEREBY RESOLVED that. the Board of Supervisors of the. County of Isle of Wight, Virginia adopt this Resolution in recognition of Mr. Bradley Dotson's .heroic. actions.. BE IT FURTHER RESOLVED that the Clerk of .the Board of Supervisors of the County of Isle of Wight, Virginia is directed to spread a copy of this Resolution upon the official minutes, of the Board this 17`h day of March 2005. Supervisor MacManus moved the Board adopt the Resolution to Recognize the Courageous and Unselfish .Actions of Sixteen Year Old .Bradley Dotson on January 2, 2005. 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. Ms. Randi Blumenson, Virginia Legal .Aid. Society, stated the Legal Aid Society, anon-profit organization, provides free legal representation to low-income individuals .and families living in the Cities of Franklin and Suffolk, as well as the Counties of Isle of Wight and Southampton. She requested that the Board, during the budget process, join in with the Cityof Franklin and Southampton County by providing local. funding in the amount of $4,187 so that the Legal Aide Society. can continue its mission. She notified the Board that the Legal Aid Society has been representing cases in .the County that involve home improvement scams on seniorcitizens. Supervisor Clark advised that the TRIAD. organization, a senior citizen organization that partners with law enforcement, needs to be advised that these. types of scams are occurring to the County's- senior citizens. Supervisor Clark moved that the Board direct .staff to assist Ms. Blumenson with contacting. the Sheriff's Office to advise that home. improvement scams are occurring to the County's senior citizens. 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. E. Wayne Rountree, P.E., Assistant County Administrator/Development, formally introduced Columbus Grant, the County's new Director of Public Utilities, to the Board. Theodore Hardison briefed the Board on the State Board of Agriculture and Consumer Affairs.. He reported State budget allocations last year were $650,000 lower than the previous year's funding, which resulted in checking and verifying these measures on a three (3) year basis versus. a one (1) year basis. fie further reported that lobbying efforts this year have resulted in $500,000. being restored, which means the measuring .will be checked on a sixteen (16) month interval versus three (3) years He stated the pork industry 5 has reported a profit margin of $25 per .hog head, and the industry is anticipated to become more viable. for farmers in the County. He noted a critical peanut survival issue is occurring. in the Fourth District, resulting in his asking the Virginia Board of Agriculture and Virginia Tech to develop an .aggressive three (3) year plan. for the replacement of farm commodities for. this area. He advised that an individual is suing the Department, of Agriculture for endorsing changes to the health requirements. for the pasteurization of dairy products, and the suit .states that the changes were made without sufficient knowledge of the process.. He stated following a consultation with the Attorney General's Office, the judge was requested to include the Board of Agriculture in the lawsuit. He advised that Virginia Tech received additional funding for extension .purposes. this year, and the jurisdictions that picked up funding when .it became short from the State, which include the County, will be .receiving priority for receiving additional personnel in their extension offices.. // Chairman Bradshaw noted that Mr. Dangerfield, Virginia Department of Transportation,. is not present yet, and that the Board would proceed with the agenda until his arrival.. // Chairman Bradshaw indicated the Consent Agenda included -the following items: A. Resolution to Set A Board of Supervisors' .Meeting on March 28, 2005 B. Resolution to Set A Board of Supervisors' Meeting. on April 13, 2005 C. Resolution to Amend the County Personnel Policy, Articles III and IV D. Tourism Monthly -Report E. Status Report -.911 Wrenns Mill Addressing. Complaint F. Planning Commission Action List of February 22, 2005 G. Cade Enforcement Policy H. Isle of Wight County's Nonattainment Area Designation and its Effect on Open Burning.. L Blackwater River. Tributary 6 ..,.,.,,e.~,~~~...,ri.,.~..-,,....~..,._...~.., ._ , _ . _ ~ _. _.. _ .... ....... _a . _ _ _ , .. ~. _ .,~ _..~... ~ ~ ~... , ., ~..~, ~~~' 23 ~h- ~~. J. .Delinquent Real Estate Tax Collection Monthly Report K. February 8, 2005 Regular Meeting Minutes L. February 9, 2005 Work Session Minutes Chairman Bradshaw asked if there were any items for removal County .Attorney Stroman requested ~ that Item (C) be removed; Chairman Bradshaw requested -that Item (I) be removed;. Supervisor MacManus requested that. Items. (D) and (E) be removed; and,. Supervisor Clark requested that Item (H} be removed. Supervisor Clark 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 in favor of the. motion, and no Supervisors voting against the motion. 1 Responsive to an inquiry from County Attorney Stroman on Item (C}, Resolution to Amend the County Personnel Policy, Articles III and IV, Chairman Bradshaw moved .that the Board table consideration of the Resolution to allow the County Attorney an opportunity to discuss his questions with staff, and that staff be directed to bring the matter back to the Board at its April 7, 2005 meeting. 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. Responsive to an inquiry from Supervisor MacManus on Item (D), Tourism Monthly Report, Diane Spencer Woolley, Director of Tourism, was requested to provide the Board information on the visitation number associated with the state. Responsive to an inquiry from Supervisor MacManus on Item (E), Status Report - 91 I Wrenns Mill Addressing Complaint, Lyle Hornbaker, Information Services Coordinator, advised that the house number was changed on Kings Point Avenue. Regarding Item (H), Isle of Wight County's Nonattainment Area Designation and its Effect on Open Burning, Beverly H. Walkup, Assistant Director of Planning and Zoning, advised Supervisor Clark. that she recommends that staff waituntil it is known what regulations will be required by the State. Supervisor .Clark moved that the Board direct staff to move forward with determining how much large-scale burning. currently exists in the Newport Development District, and come back to the Board within the next sixty (60) days with recommendations: on how open burning can be addressed . _ ... .. ~ .. _ ~... Nk..H~ _, .. , _ ~ n .,r~. ~a~K 23 rt::' ~~ h.. ti in the Newport Development District only. 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. Regarding Item (I), Blackwater .River Tributary, Chairman Bradshaw that .requested staff place information pertaining to the Blackwater River Tributary on the County's website, PEG channel, and in the various libraries to keep the public informed about information received by the County. Supervisor Wright moved that the Board accept Items (D), (E) and (I), formerly listed 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 Regional Reports.. Chairman Bradshaw distributed information pertaining to BRAG issues which were presented by Art Collins/HRPDC during the most recent meeting. of the Mayors and Chairs Caucus. He further distributed information pertaining to a recap of the legislative overview. He commented that the last Mayors. and Chairs meeting was hosted by the County,. and was held at Smithfield Station. Chairman Bradshaw distributed information pertaining to Opportunity, Inc. which was disseminated and discussed at the last Southside Mayors and Chairs meeting. He reported that Opportunity, Inc. has been requested by the Caucus to make recommendations relative to summer employment for teenagers on a regional basis. He stated that the Caucus also received a presentation on the homeless, and that the .City. of .Norfolk is attempting to .eliminate this problem by providing .certain housing. He stated the City of Virginia. Beach has also taken initiatives in this regard, and a regional ..initiative is now underway. County Administrator Caskey reported that the Unified Planning Work Program for FY06 was adopted by the Hampton Roads Planning District .Commission at its last meeting. He further reported .that the. Logistics Committee for the 2007 Jamestown Celebration had discussed strategies for transportation during the celebration weekend of May 13, 2007, which is when the greatest number of people will be visiting Hampton Roads. He noted that the Board may wish to .discuss in the near future how the County intends to interface with the. activities associated with the 2007 Jamestown Celebration, and what opportunities may exist to bring the tourists into the County. Chairman Bradshaw noted that the 2007 NACo Conference would be held in Richmond, and that he is in favor of providing bus transportation 8 _ _ . _ _.~_ ...__ . _.. ~ ~ 4., ,._ . e ... , .. _..... , ~ _ . 4 ,~ ~.,.,~, -- ~... aooK 23 ~r 33 during this event so that individuals can be shuttled to specific locations within the County. Supervisor MacManus reported that the Southeastern Public Service Authority, at a special meeting, had proposed the minimum tip fee for waste be raised from $46 per ton to $59 per ton. He stated consideration is also being given to a contract for handling out-of-state waste. S i M M uperv sor ac anus reported. that at the most recent meeting of the Intergovernmental Relations Committee, the possibility of the County joining in on the effort by the Town of Smithfield to initiate a public safety academy to help with the .fire and rescue programs was discussed. He further reported that an ongoing citizens planning academy, which focuses on building future planning commissioners, was alsa discussed. Supervisor Wright added that. an affordable housing effort and proffers were also discussed. Supervisor Wright reported that it appears from all indications that the second bid for the security System for the Western Tidewater Regional .Jail -will come in at budget.. He further reported: that the state is considering retaining all monies received from federal inmates, and he would strongly recommend that the County undertake lobbying efforts in .Richmond to prevent having to fund this lost revenue in the future. Chairman :Bradshaw moved. that the Board direct the County Administrator to contact VACo to determine what can be done by the County to prevent funds for federal inmates from being sent to the state. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting iri favor of the motion, and- no Supervisors voting against the motion. Supervisor Wright noted the .next meeting of the Western Tidewater Water Authority would be held on April 8, 2005. // Chairman Bradshaw called for Transportation Matters. Sandon Rogers,. Transportation Planner, referred to the report contained in the. agenda of VDOT's responses to action items from various Board meetings through the month of February, 2005. Supervisor Bradby requested the status of the work to be completed at Fort. Huger. He inquired what is the cause of the damage that is being done to the roadway. Mr. Rogers advised tY~at the damage is a direct .result .of logger and other large-truck traffic... He noted that work to repair. the road is continuing, weather permitting. 9 ...~~ut/'73i~iN`^~s?ww..... e: ~r+r.. ~=. w..:.~..: .~. ,. .....e ...":. . r. ..... ..., .. ..., .:. .. .. .:.... ... ... .. ..: :. i:..:.: _. ~.. i... ...vae+I e, r,~r yry,..,Y,~.n. s:Y.WirNt-'.'.~. ea~~ ~~ Mr. Rogers advised the Board that a representative would be present at the Board's April 21,2005 meeting to make a presentation on the proposed rail lines. He noted that he intended to provide background information to the Board prior to the presentation. Mr. Rogers notified the. Board .that the Kings Highway Bridge (Suffolk) would be shut down permanently beginning this Saturday. Joe Lomax, Assistant Resident. Engineer, VDOT, advised that he could not elaborate on the closure. of the. Kings Highway Bridge at this time, as he has been :out of the office and not been at the recent meetings.. Chairman Bradshaw requested Mr. Dangerfield to brief the Board on its request for signage on the .James River. Bridge. Mike Dangerfield, VDOT, notified the Board that installation of the barriers. at the James River Bridge and. the electronic message board advising motorists leaving Isle of Wight proceeding northbound on Route 17 toward Newport News that the bridge is closed will occur in late November, 2005. He stated funding. of this initiative is provided by the Security Emergency Management Division (SEMD). He advised there will be a total of thirty- three (33) gates placed at various locations throughout the Tidewater. area, four (4) of which will be located at the James River. Bridge. He stated each gate will be tailormade for its location, and soil borings will be taken at each gate at the James River Bridge to determine certain criteria. He stated that within a year, the gates and :variable message board installations. are anticipated to be completed. Supervisor MacManus inquired if the message board will be installed by November, 2005. Mr. Dangerfield advised that it could be later. than November, 2005, and that in the meantime, VDOT could have- portable cloth message signs made which could be placed between Route 258 and Route 17 by the wrecker driver advising motorists that the bridge is closed. Supervisor MacManus commented that while portable signs would not .withstand high winds, flip signs would. Mr. Dangerfield stated that in the past, VDOT has found that flip signs were easy prey for vandalism.. Supervisor MacManus inquired why VDOT could not .proceed with installation of the variable message- board at this time.- Mr. Lomax explained that the cost would be higher because VDOT would have to solicit two: (2) separate bids. 10 ~, ~-,~.4. ~...:.,~.r 1 1 1 Supervisor. Clark commented that bridge lifts on .the James River Bridge are being held during congested traffic times,, and he requested Mr. Dangerfield to take appropriate action to see that the lifts are. held after 10:00 a.m. and before 6:00 p.m. Chairman .Bradshaw requested that County Administrator Caskey ensure that all codes -and ordinances are. complied with as VDOT moves forward with the gate and sign projects. He noted that he did not want the County to be blamed for holding up the process. Mr. Lomax advised the Board of his.. mistake in moving certain. unpaved funds to paved. roads. He noted that the appropriate adjustments have been made to correct his error, but he wanted to let the Board know that he would be requesting its permission to move certain funds in the amount of $600,000 from certain revenue sharing projects to other revenue sharing projects. He advised .that a reconciliation of his records reflects .total excess ..funding of $1.9 million, and that following approval of the Six-Year Plan, he would be meeting with Mr. Rogers, to formulate a strategy to incorporate the $1.9 million in the County's paved or unpaved roads. Supervisor Clark requested that Mr. Rogers address the matter with Mr. Lomax and that he bring it back to the Board at its Apri17, 2005 meeting. Chairman Bradshaw requested that Mr. Neblett brief the.Board. on the closure of the Kings Highway Bridge in Suffolk. MacFarland Neblett, Resident Engineer, VDOT, advised that the Kings Highway Bridge would be permanently closed to all vehicular. traffic beginning this Saturday, and open continuously to vessel traffic only beginning on Monday. He stated construction of a new bridge is undetermined at this-time, as there are not funds currently for the purchase of the necessary right-of--way .purchases or construction.. // Chairman Bradshaw called for Citizen's Comments. Herb DeGroft addressed the Board with respect to the local government's right to govern, and the Dillon Rule's adverse effect on localities. Jerianne Gardner notified the Board of a public hearing held by DEQ on impaired water which she believed was poorly attended because of its remote location. She requested. the Board authorize staff to contact DEQ and offer the County's assistance with respect to the planning. of future public meetings. She recommended that such meetings be advertised on .the _ County's website, and that staff ..assist with steering- DEQ to specific civic. I 11 ~~~K ~~ fhc ,/~ groups in the area. She requested that Board allocate the necessary funds to purchase a monitoring device to identify .the. source and measure the amount of .mercury concentration. Supervisor Clark moved that the -Board direct staff to review Ms. Gardner's .request for a testing. device; advise how a better plan can be developed with respect to future public meetings that. DEQ has on the Blackwater mercury impairment; investigate the possibility of directing DEQ to move up the listing of Blackwater mercury impairment by letter from staff; coordinate efforts with the-civic associations for co-sponsoring grants for the placement of air-monitoring devices; and, direct staff to come back to the Board in ninety (90) days with a plan of action. 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. Michael Uzzell of Central HiII Road notified the Board of ongoing busing problems in the County, and other issues associated with public schools. Sharon Hart of the Newport .District notified the Board. that a town meeting is being held on .April 25, 2005 at 7:00 p.m. at The Smithfield Center.. She. noted the meeting would be co-sponsored by the University of Virginia and would address the advantages and disadvantages of biosolids being applied to farmland. Supervisor Bradshaw recommended that Rachel Morris, Rural Economic Development Manager, be informed of the meeting and requested to attend. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman presented the Planning Grant Agreement between the County and the Virginia Department of Housing and Community ..Development for- Booker T. Estates... He advised that he has reviewed the Agreement and approved it as to form. Supervisor' Clark moved the Board authorize the County Administrator, on behalf of the County, to enter into the Agreement with the Virginia Department of Housing and Community Development for Booker T. Estates. The motion was adopted by a vote of (5-0) with Supervisors MacManus, i Bradby, Bradshaw, Clark and. Wright voting. in favor of the motion, and no Supervisors voting against the motion. County :Attorney Stroman stated pursuant to the Board's. previous request is a set of draft bylaws for the Tourism Relations .Committee. He 12 ~,~. _~ . _ ,, ,_ ... . ~.. ..y_ . ~_. ,.., _ . fl 1 Supervisor Wright. moved the Board authorize the Chairman to execute the contract on behalf of the Board. 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 stated he would. be .requesting a closed meeting later to discuss the issues identified under Approval of the Agenda. County .Attorney Stroman presented the fourth amendment to the Geographic Information Services ("GIS") consultant's contract which he has reviewed and approved as to form. further stated a report on this matter is included in the County Administrator's Report, and the Board may wish to consider. the bylaws- at that time. County .Attorney Stroman presented a proposed revision to the Isle of Wight County Code with respect to inspection fees. He reminded the Board that it had amended the County Code. in order to bring some of the County's fees more in line with the actual cost f©r providing that service to the public. He stated that the basic fee has resulted in an unreasonably high fee, and he would recommend that the Board authorize him to proceed with an ad•~ertisement for public hearing at the Board's April 21, 2005 meeting to amend the Ordinance. Supervisor Clark moved the. Board direct..the. County Attorney to advertise apublic hearing for the Board's April 21, 2005 meeting that reflects a change in the basic permit fee. The motion was adopted by a vote of (5-0) with Supervisors .MacManus, $radby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman .advised that the state is requiring, as a condition of the County retaining the grant funds, that certain restrictions be complied with on the property purchased by the County following Hurricane ` Floyd. He advised that he has prepared a series of restrictive covenants on all of the properties, and he would request that the-Board authorize the Chairman to execute these covenants. He noted .that he would put the covenants to record and notify the Commonwealth. Supervisor Wright moved the Board authorize the Chairman to execute the covenants and restrictions on certain flood-prone property purchased by the County following Hurricane Floyd so that.. these documents may be put to record by the County Attorney. 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. 13 E i 1 `nW~'~F+~K4`...r.n..+r ,s _ +r -. .. w.. -. _ . -. ... ~ ._,.__,.. ~ _.... ~ _.. _~ ,. ~... ~ [ .-. ~ r Ma i .+..P-.o-Y ~ci^YMK E.t'S.'.u(.alr%+fi'S44'V.x;i~..R BU4K 2J ~ -,~5 Chairman Bradshaw called for the Community Development Report. Beverly H. Walkup, Assistant Director of .Planning and Zoning, presented a request by Habitatfor Humanity, Inc. for the donation of certain County-owned :property, identified as Lot 34, Ennisdale Subdivision, for affordable housing opportunities. Supervisor MacManus stated that while it may be appropriate for staff to move forward with an appraisal, he was not in favor of the County giving this property away, for resale, or cash,. at this time. He mentioned that because the property is located in the Town of Smi.thfieid, he would prefer that the Town be included in any discussions, in cooperation with Habitat for Humanity. He advised that. opposed to turning over three (3) lots simultaneously, he would prefer to give the lots away one.(l) at a time which would give the County a higher level of control. Chairman Bradshaw. recommended that the request be discussed at the Intergovernmental Committee because the parcel under discussion is located in the Town of Smithfield.. He further recommended that Habitat .for Humanity provide a presentation to the Board advising of its shart and long- term objectives, and exactly what ~is Habitat for Humanity's expectation from this Board. He stated Habitat for Humanity should become .involved with the various civic organizations in the community, and also have discussions with the Towns of Smithfield and Windsor. He suggested that Habitat for. Humanity contact the Department of Social Services. Supervisor Clark .noted that parcels owned by the County are .assets, and that the County would be best served by disposing of these parcels on the open market. Supervisor 1VIacManus requested. that staff provide the Board with an inventory of all parcels of land that are County-owned, and not designated for future use by the County, Supervisor MacManus moved the Board authorize a market appraisal of Lot 34; .that the matter be placed on .the Intergovernmental Committee agenda for consideration in June, 2Q05 to discuss how the. Board should proceed with Habitat for Humanity's next project; that staff be directed. to advise Habitat for Humanity that the'Board would like a presentation on its short and Long-term objectives.; and,: that staff provide an inventory of parcels of land owned by the County, to include maps, that are not designated for future parks or facilities. Themotion 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 reminded the Board that the issue of County regulations of auto repair shops and. junkyards .was deferred to the closed meeting for discussion later in the meeting. 14 1 [] N~~(. Fyn~/ nh.'P 'JV Jonathan W. Hartley, Director of Planning and Zoning, stated... responsive to the Board's previous direction is a report on landscaping efforts a+ the Eagle Harbor Shopping Center. He advised that landscaping. has.-been installed at the site according to the County's standards under the current ordinance. He advised that he needed to meet with the property owner to address some of the plants that need to be replaced which have either died or were not hardy species. Supervisor MacManus .noted .that the' Board had ..previously made suggestions on how to improve the landscaping around the shopping center, and he is now suggesting .that Mr. Little of Breeden Company be invited to explain why the Board's. suggestions on landscaping .had .not been implemented. He stated that he has received complaints from certain .lessees at the Eagle Harbor Shopping Center, who pay a landscaping fee on a monthly basis, and .which are not pleased with the way that the shopping center has been operated and the way the shopping center has been landscaped. Kent Little, President, Breeden Investment Properties, presented a series of pictures'taken approximately seven (7) days ago at the Eagle Harbor Shopping Center. He advised that Breeden has won numerous landscaping awards throughout the state, and would do so at this site if the Board would allow the landscaping an opportunity. to mature.: He stated that when the shopping center was first constructed, a minimum landscaping standard was followed because of the..number of construction vehicles present; however, since that time, Breeden had done two (2) additional landscaping. overlays. He stated Breeden is willing, and it wants to exceed the code for landscaping standards in the County. He advised that. East West Properties had requested that landscaping in the BMP be increased, which was .done voluntarily by Breeden at a cost of $20,000. He confirmed that tenants do pay a landscaping fee, which is a legal obligation on their part that they knew about when they signed their leases. He stated the landscaping simply .needs a . chance to mature, and if it needs to be .supplemented in .the future, Breeden is .willing to do that. He stated Breeden. owns this property,. and has no intention of cutting. the budget for landscaping or not standing by its product. He stated with respect to the site plan review for Eagle .Harbor Tract l OA, parcels 1 and 2, under the Old Business section of the agenda, 'Breeden is willing to increase the standard of the landscaping beyond the minimum, but he advised that in order for Breeden ~to comply with the proposed new code, Breeden :would have to reduce the square footage of the shopping center, which is not economically viable.. Supervisor MacManus commented that the County also has its .own set of pictures .illustrating that Breeden did not exceed the County's requirements. He notified Mr. Little that some of the Eagle Harbor Shopping Center. tenants do not feel that the, landscaping efforts at that .facility are satisfactory... He. stated there. have been two (2) growth seasons since. the 15 a0~'K'"~ ' - '~ ~~ initial plantings, and the landscaping is still unsatisfactory.. He inquired how long. it would takefor the current landscaping at the Eagle Harbor Shopping Center to look like the pictures .Breeden representatives.. had shown to the Board when. that facility was approved. Supervisor Clark stated the Board was under .the impression that the shopping center would look like those pictures from the .beginning. He k advised that the. landscaping along Smith's Neck Road is completely deficient, and is not what was represented to the Board when the application was approved. He stated that-while Breeden had complied with the law, it did not comply with what was represented to the Board. Mr. Little advised the Board that last week he had contacted the County on six (6) separate occasions in an effort to discuss the concerns of the Board, but, to date, none of those calls have been returned. He stated. Breeden relies on Kimley-Horn to advise what should be planted, and what kind of maturity cycles can be expected, and in his experience, the timeframe has been approximatelythree (3) years. Randy Royer, Kimley-Horn and Associates, Inc., advised that it generally takes three (3) to five (5) .years for. plantings to reach maturity. He stated if a plant is planted too large, the risk of losing it immediately is .significant.. He stated that al plants for the Eagle Harbor Tract 10A, parcels 1 and 2 application, which is listed. under. Cold Business, .are larger than the minimum required; He stated there would be additional plantings. across the back, as well. Chairman Bradshaw .advised that the .Board is required. to hold all public hearings at 7:00 p.m., and that .the .Board would. continue this discussion under Old Business later in the. meeting. // At 7:00 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 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: Isle of Wight County FY2046-1Q Capital Improvements Plan.. as Proposed by the Board of Supervisors Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed Capital Improvements Plan. 16 aon# 23 -.~~.r~.01 Dr. Bruce Venter, Assistant Superintendent for Administrative and Educational Services with the Isle of .Wight .County Public Schools, appearing on behalf of Dr. McPherson, School Superintendent, requested the Board's support of the capital projects contained in the Plan.. 1 Chairman Bradshaw closed~the public hearing and called for comments from the Board. Supervisor MacManus moved the Board adopt the FY2006-10 Capital Improvements Plan in the total amount of $34,250,309. 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 Supewisors voting against the motion.. Chairman Bradshaw called for a public hearing on the following: Booker T. Estates. Community Development Block CTrant {CDBG) Program -Community Improvement Grant Application I~Is. Walkup verified. for the record that the public hearing had been properly advertised. ~I i Peggy Morrison, President, K. W. Poore & Associates, stated that the. Booker T. Estates neighborhood .consists of twenty-eight (28) housing units, of which eighty-nine percent (89%) .are either deteriorated or dilapidated, and located on unimproved roads. She noted that a number of the platted lots remain vacant due to the -lack of public, utilities, and unimproved road and drainage infrastructure. She stated what is proposed is a voluntary clearance of two (2) vacant structures; removal of an old .shed; rehabilitation of eight (8) owner-occupied units and five (5) .tenant properties, with substantial reconstruction to seven (7) owner-occupied units; storm .drainage improvements; water improvements; sanitary sewer improvements, including a pump. station to be located on a dedicated lot; street lights; and, screening of the junkyard from the residential lots with 120 cedar trees. She advised that the STOP organization has .indicated an interest in building five (5) affordable homes in the .neighborhood-..She .further advised that .one. { 1) of the current property owners also desires to build up to twenty (20) single- family affordable homes for sale. She stated that. the County is eligible to apply for up to $1.4 Community Development Block Grant (CDBG) funds, with the County's contribution being $1,092,899. ,.She requested that .the Board consider contributing two (2) year's of future dedicated .Capital Improvement Plan (CIP) funds in the total .amount of $100,000 for this CDBG project. She rioted that all CDBG projects require that the County waive utility connection fees. She noted that she has provided the Board a revised Resolution, altering the number of beneficiaries. 23 Chairman ~ Bradshaw called for persons to speak in favor of, or in ..opposition to, the application. Chairman Bradshaw noted for the record that a number. of residents from Booker T. Estates stood to show their support of the CDBG. Ms. Robinson, a resident of Booker T. Estates, thanked the Board for its assistance in rehabilitating the neighborhood. Chairman.Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark commented that the problems being: experienced with the septic systems need. to be resolved, and he is in favor of approving. the Resolution to begin the necessary steps to resolve .the drainage problems in this low-lying area,. Supervisor MaeManus .noted that the Board is committed to creating affordable housing in the County. He stated, if approved, .the County would be funding a great deal of infrastructure. that will make the .private property owner's land very valuable.. He stated he would hate fora property owner to take advantage of a citizen where the intent is for. affordable housing. He inquired if there is any protection to ensure. that these homes will be sold to _ the people who need them. Ms. Morrison stated that the STOP organization would ensure that these homes are offered to their clientele, and .funding .resources will be tied to certain restrictions. She further stated that the :private .property owner has provided a commitment letter stipulating that the homes to be built will be of a certain price range. County Attorney Stroman stated he believed the County is protected; however, he would speak further with Ms. Walkup, and take appropriate action to ensure that the homes are priced accordingly for affordable housing: Ms. Walkup .advised that staff has encouraged the Town of Smithfield to put contracts on those lots. Supervisor MacManus noted that there are twenty-two (22) people that will be affected who -live in five (5) investor-owned homes. He stated investors, in many cases, are taking advantage of renters by charging rent, but not taking proper care of their. property. Ms. Morrison noted that in order to participate in the program, investors must sign a ten (10) year lien that will be he}d by the County. She. noted during that ten (10) year period, the investor is required to rent to low- to-.moderate income individuals, and no more than 35% of the tenant's income can be used to pay for utilities and rent. 18 ,. _v ...._.,__ ___.. .. .._ .... ___. .~, 90n.~, ~~ .:. -.-fi~~ 1 Chairman Bradshaw commented that he had personally been involved in a revitalization project in the Camptown community which changed the quality of life for those people. He stated Zuni received a block grant after. the flood, and the County also sponsored a block grant with the Town of Windsor. He stated this shows that this Board values the lives of its citizens. Supervisor Clark moved the Board adopt 'the following .Resolution Authorizing the Preparation and Filing of ~n Application for Community Improvement Grant Funds Through .the Virginia Small Cities Community Development Block Grant Program: RESOLUTION AUTHORIZING THE PREPARATION AND FILING OF AN APPLICATION FOR COMMUNITY IMPROVEMENT GRANT FUNDS THROUGH THE VIRGINIA SMALL CITIES COMMUNITY DEVELOPMENT. BLOCK-GRANT PROGRAM WHEREAS, Isle of Wight County has previously .participated in the Small Cities .Community Development Block Grant (CDBG) program as administered by the Virginia Department of Housing Community Development (VDHCD) in order to address the County's priority community development needs; and 1 WHEREAS, Isle of Wight County has identified the Booker T. Estates Neighborhood as the priority area targeted for a comprehensive community .development project based on the neighborhood's failing septic tanks,. inadequate. private wells, poor road conditions, severe storm drainage issues, deteriorating housing conditions, and the County's need to provide opportunities for affordable housing; and WHEREAS, the County applied for and .received a FY 2004 CDBG Planning Grant from VDHCD to undertake a comprehensive neighborhood improvement study and prepare a Community Improvement Grant (CIG) 3 application to identify needs, develop a proposed improvement. program and budget and identify additional funding resources to implement said project; and i WHEREAS, the County conducted door-to-door. surveys in the Booker T. Estates Neighborhood, conducted citizen meetings,. formed a project management team, reestablished the neighborhood advisory committee, and completed. a needs assessment with participation of the neighborhood residents and property owners; and WHEREAS, said needs assessments and surveys identified deteriorated and dilapidated housing, deteriorated streets, insufficient street lighting, poor 19 u ?~~K ~~ ~.~'F drainage conditions, lack of public water and sewer, underutilized sites, and proximity to adjacent auto salvage yard as major needs and .concerns of the property owners and residents of the neighborhood because said site conditions have served as a disincentive for new housing development and private investment and maintenance of existing residential properties; and WHEREAS, a Comprehensive Community Development (CCD) Improvement Program for physical improvements has been developed by the County in cooperation with the Booker T. Estates Neighborhood residents and property owners and related stakeholders pursuant to requirements for funding set forth by VDHCD including a Preliminary Engineering Report (PER) for the .required public improvements and a housing assistance program for rehabilitation of .units to generate and support private investment; and WHEREAS, the Isle of Wight County Board of Supervisors wishes to apply. for CDBG funds to assist in implementing the Booker T. Estates Neighborhood CCD Project with said project benefiting 24 existing residential units (64 persons) of which 20 households (53 persons) (83%) are low- and moderate-income (LMI) persons, and with proposed infill development of 25 residential units, resulting in an estimated increase of 65 - additional persons of which 56.(86%) are LMI for a total neighborhood of 49 households with 129 people of which 109 (84.5%) .are LMI beneficiaries; and WHEREAS, one hundred percent (100%) direct benefit will result from the implementation of the housing rehabilitation program for 8 LMI owner-occupied units. (19 persons); substantial reconstruction of 7 LMI owner-occupied .units (12 persons); the rehabilitation of 5 investor-owner units (22 persons) to standard housing units; direct benefit for 129 people connecting to public water and sewer of which 109 (85%) are LMI beneficiaries; and indirect benefits for 129 people (109 LMI or 85%) residing in the neighborhood resulting from the street, storm drainage, property screening, demolition, and infill housing activities to remove blighting influences and provide for affordable housing units; and. WHEREAS, a private property owner has provided a written commitment to construct twenty (20} affordable. single-family houses as part of said proposed infill housing development. on lots he owns in the Booker T. Estates Neighborhood .for sale to lower income persons to promote first time homeownership for an estimated 52 persons of which housing units for 43 persons (83%) are committed .for LMI families for a total investment of $2,280,000; and WHEREAS, the STOP organization based in Norfolk, Virginia has committed to construct five (5) single-family houses on available .lots in the Booker T. Estates Neighborhood for sale at affordable prices to promote first time homeownership opportunities for an estimated 13 persons of which all 13 (100%) will be LMI with a total investment of $487,500; and. 20 1 WHEREAS, both the private property owner and STOP have committed to work with families that are on waiting lists from .Isle of Wight County's Family .Self Sufficiency Program and Providential Credit Care Management, Inc., two agencies in the County that work .with persons to stabilize their .financial resources and pre-qualify and counsel them to become first time homeowners;, and WHEREAS, the infill housing activity in the Booker T. Estates project can further serve as an affordable replacement housing resource for households facing pending displacement from an incorporated area of the County; and WHEREAS, a private property owner has. agreed to donate a building lot in Booker T. Estates to the County to construct the sanitary .sewer pump station with said lot's fair market value established at $5,000; and WHEREAS, Isle of Wight County has requested $3.6,000 to construct water and sewer laterals for nine (9) income-eligible households from Southeast Rural Community Assistance Project, Inc. and has received written confirmation -from SE/RCAP that this project will be included in the .list of projects for funding next fiscal year; and WHEREAS, the County has earmarked $61,500 of its Indoor Plumbing Rehabilitation (IPR) allocation and $27,000 of its weatherization funding as .administered by STOP to the project to assist in undertaking ~ substantial reconstruction and housing rehabilitation projects; and WHEREAS, one property owner was forced to vacate their home in January 2005 due to the lack. of indoor plumbing and overall dilapidated housing conditions, has secured private financing in the amount of $83,OOD to remove the existing house, has committed to substantially reconstruct their home on their property in Booker T. Estates including installation. of an alternative septic system at an additional cost of $12,000 during spring 2005; and t i ~ WHEREAS, the Booker T. Estates Advisory Committee has committed to an on going neighborhood wide cleanup campaign to remove trash, debris, old .appliances and junk vehicles. from their neighborhood .with an estimated investment of $2,500 in sweat equity during the term of the CDBG.project; and WHEREAS, .Isle of Wight County has committed to use $378,058 of its annual VDOT road maintenance allocation to repave and improve Bartlett Circle and Carver .Drive and an additional $3,600 to clean out existing ditches along these streets; $152,899 in inactive CDBG program income realized from a .prior CCD project to the Booker T. Estates housing rehabilitation improvement program, $400,000 in waived :water and sewer 21 ~i I BOnK ~J ;:;.~~Li connection fees; $440,000 from its Capital Improvement Plan to improve Booker T. Drive, and $100,000 from .its public utilities budget to assist in ' providing public water and sewer service and engineering costs related to the infrastructure. improvement program; and WHEREAS, Isle of Wight County .has properly advertised and conducted public hearings on February 2, 2005 and March 17, 2005. which addressed the CDBG program and the CDBG project application, thereby meeting citizen participation requirements; and WHEREAS, resident, property .owners and the Booker T. Estates Advisory Committee, have requested .the County proceed post haste in resolving the problems identified in the neighborhood and in securing necessary funds to carry out the comprehensive community development project. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that: ' 1. The County of Isle of .Wight wishes to apply for a FY 2005 CDBG Community Improvement Grant in the amount of $1,400,000 for the , Booker T. Estates Neighborhood Comprehensive Community .Development Project; and hereby commits a total of $1,092,899 in County investment and has secured $3,376,158 in non-CDBG funds for a total project cost of $5,869,057_for the purpose of undertaking a comprehensive neighborhood improvement program to address 100 percent of the identified needs. 2. The County hereby authorizes the County Administrator, the County's chief administrative official to execute and file all appropriate documents necessary for submission of the .Isle of Wight County's 2005 Community Development Block Grant application on March 23, 2005 and to provide such additional information as may be required by the Virginia Department of Housing and Community Development. 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: The application of Bobby and Joyce E. Edwards, and Sylvia E. Edwards for a change in zoning classification ~ from. Conditional Limited Industrial (C-LI) to Rural Residential (RR) of one (1) acre of land located on the west side of Benns Church Boulevard (Route 10/32) south of Spring Lake Drive in the. Newport Election District. The. purpose of the application is for one (1) single-family. residential lot. 22 ~ni ~L _ J 9~°N 2J ~::''~ti~ Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the application. Sylvia Edwards stated that she had moved from this area for employment reasons. She requested that the Board approve her request so that she can return home and build a single-family residence when she retires: Chairman Bradshaw closed .the public•hearing and called. for comments from the Board, Supervisor Clark expressed concerns about adequate public facilities. Chairman Bradshaw inquired what the surrounding. uses are in that area. Mr. Hartley replied that the Comprehensive Plan designates that entire area as rural agricultural conservation. Supervisor MacManus inquired if residential housing is envisioned in accordance .with the County's. Comprehensive Plan. or the new Zoning Ordinance. 1 1 Mr. Hartley replied that this area is not .currently designated for residential development; however, residential development could occur because there are two (2) parcels. Chairman Bradshaw commented that the Board had previously discussed what it envisioned for that corridor with respect to commercial. uses. Supervisor MacManus noted that the Planning Commission discussed the fact that this is a commercial/industrial area. Mr. Hartley replied that this area, as well as the area to the north, is currently zoned industrial. He stated the Comprehensive Plan does not have. a designation outside of Development. Service Districts, other than rural agricultural conservation and village centers. Supervisor MacManus commented that a residential zoning would not be compatible with the surrounding area. He recommended returning the application. to the Planning Commission so that -the Board's identified concerns could be addressed. Supervisor Bradby commented .that the Planning Commission had voted (10-0) to recommend approval of the application. to the Board. 23 ao~~r ~3C;::.~.~$ Mr. Hartley replied what is proposed is consistent with what the Planning. Commission has proposed under the new Zoning Ordinance, and the applicant has chosen to proceed with developing this property for residential use because they do not wish to wait for adoption of the new Zoning Ordinance. Supervisor Bradby inquired if there were .any residential homes located near this property. Mr. Hartley confirmed that south of this property are a series of residences.. He noted that this residence would be an extension northward of that residential development to the industrial park. Chairman Bradshaw. commented that the applicant did not address adequate public facilities. Supervisor Clark moved the Board refer the application of Bobby and Joyce E. Edwards, and. Sylvia E. Edwards to the Planning Commission for further .findings consistent with the Board's inquiries with regard to adequate public facilities and compatibility with the existing area. 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 Wright moved the Board continue with the regular order of the agenda. The motion was adopted by a vote of (5-0) ~~~ith Supervisors hlac~~ianus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion, // Chairman Bradshaw called for the Economic Development. report. Patrick J. Small, Director of Economic. Development, pursuant to the Board's direction at its annual Retreat, presented a proposed Isle of Wight Workforce Development and .Education Center Task Force and Working Group document for the Board's consideration. Supervisor Bradshaw commented that the recommendations. were oriented toward the Town of Smithfield and, therefore, the needs of the entire County are not being represented. Supervisor MacManus suggested that the School. Board and Judy Begland/Opportunity, Inc. be included in .the working group; that Virginia Power should be changed to Dominion at Surry Nuclear Station (he would get back with staff on a new name to serve on the task force); that Mr. Fisher 1 1 .. 24 should be changed to Wayne Farmer/Chamber of Commerce; that a Surry County representative be added; that in addition to William Barlow on the House of Delegates, Fred Quayle should be added; and, that Rodham Delk or William Laine on the St. Lukes Board should be added. 1 Chairman Bradshaw recommended that Bobby Claud and Len Alphin be added. Chairman ~ Bradshaw moved that 1VI'r. Small make the following additions/changes, and bring the document back to .the Board for consideration at its April 7, 2005 meeting: Judy Begland/Opportunity, Inc. to serve on the :working group; that the superintendent of schools be contacted I, to determine if one (1) representative on the working group is sufficient; Virginia Power be changed to Dominion at Surry Nuclear Station for the task force members; Mr. Fisher be changed to Wayne Farmer/Chamber of Commerce; add a Surry County representative; in addition to William Barlow on the House of Delegates, add Fred Quayle; add Rodham Delk or William Laine on the St. Lukes Board; add $obby Claud; and, add Len Alphin. 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. // n Chairman Bradshaw moved the Board take a five (5) minute recess. 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 Emergency Management report. Chairman Bradshaw formally recognized Len Alphin of the Windsor Town Council. He noted that Mr. Alphin was attending the meeting tonight as part of his training far the Isle of Wight Leadership Program. Richard O. Childress, Director of Emergency Management, presented change orders submitted by Dobson .Construction Corporation for the Carrollton Fire Station, wl3ich were reviewed and negotiated by Brian . Camden, Project Manager, Powell Management. He stated the Resolution contained in the agenda is no longer necessary as Budget and Finance staff has advised that there is sufficient funding in the project budget to cover these change orders. 1 Supervisor Wright stated that he was not in favor ofapproving the change orders.. He noted that .this project has already run 39% over-budget, and. he feels that the architect has done a poor job. 25 ,. _ ~.,: ~,~ 2.3 .._~. ~ p Supervisor Clark inquired when this project is anticipated to be complete. Mr. Childress noted that Dobson is currently completing a punch list generated by Brian Camden, and staff is waiting on VDOT to sign off on the crossover. He stated that he could not guarantee this fifth change order to be the final change order as Brian Camden is reviewing additional change orders that have to do with unsuitable soils, under cutting, and backfill. Supervisor MacManus noted that he is not in~ favor of allocating any additional funding for this project. He stated he would support this. change order, but only because there is funding remaining from the other occasions - when the Board approved additional monies for this project. Chairman Bradshaw commented that this project is already over- t budget, and the reason there is still funding available is because the Board has allocated additional funds on numerous occasions. : Anne F, Seward, Assistant County Administrator/Administration, advised that, in the past, the Board has approved appropriations in round figures and at higher amounts, which left approximately $19,000 remaining for this project. County Attorney Stroman noted that Dobson is behind schedule, and the issue ofliquidated damages has yet to be resolved. Mr. Childress confirmed that the County has a substantial liquidated damages claim against Dobson, and approximately $70,000 to date has not been dispersed to the contractor. County Attorney Stroman inquired if Mr. Childress believed .that the $70,000 in retainage. is a sufficient amount to cover liquidated damages.. He stated as change orders accrue, there is an issue of disbursement if the County believes it may have a liquidated damages claim that exceeds the amount held in retainage. Mr. Childress noted in addition to the amounts currently held by the County for liquidated damages, the County. is also accruing an additional $100 a day, as specified in the contract. Ms. Seward advised .Chairman Bradshaw that the Board approved a budget of $1,617,345 for this project in .1999, which has changed significantly since that time. Mr. Childress advised that the original contract with Dobson was $1.2 million, and the current contract is $1.7 million. 26 1 1 1 soc~N 2~ =::: ~.~.1 Supervisor Clark noted. to Mr. Childress that the Board's sentiment is that no new funding is to be allocated for this project. Supervisor Wright stated that he understood .the cost of the utilities increasing, but that there are other items related to architect work. Mr. Childress noted that staff is keeping a list of these items for future reference. .Supervisor Wright inquired. what the amount of liquidated damages would be if the contractor finished the project tomorrow. . Mr. Childress .stated the contractor is approximately .six. (6} months behind schedule. He noted that he would have to check his records to advise the Board accurately as to the dollar amount. Supervisor MacManus moved the Board authorize the Chairman to execute thechange orders, and direct staff to advise Brian Camden and the Carrollton Fire Department that the .Board is not going to allocate additional funds, and that the Carrollton Fire Department members should be- .working with staff to .come up with a ,plan to address any outstanding items. 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 encouraged Mr. Childress to advise the other Fire and Rescue Association members how much the County has ended up spending on this project. Mr. Childress advised. that the Association .members are aware that there have been substantial change orders, but they do not. know the exact financial impact. Mr. Childress stated pursuant to the Board's previous action on the EMS Agreement, staff did forward the Agreement on to the various fire. and rescue organizations with a request that it be returned to his office by February 28, 2005. He stated that to date, he has only received a Letter of Agreement back from the Isle of Wight Volunteer. Rescue Squad. He stated . that he has also not received any additional information that was requested from the organizations necessary to complete the Medicare. application. He stated a meeting is scheduled next week to address and resolve any questions and concerns of these volunteer organizations with respect to the Letter of Agreement. He disseminated a white paper, which he asked that, the Board review and provide. its input that will also be distributed at the. upcoming meeting.. `27 _. _ _ 2~ ;~ -~.~~ 3~J~1 Supervisor ~ MacManus requested Mr. Childress to combine the paragraphs in the white paper relative to diminished donations and the ability of the County to perform an audit. Supervisor Clark requested that relative to donations, that Ms. Seward should change 24 months to 12 months. Chairman Bradshaw pointed out that the County has an inconsistent. policy because residents in the southern end are already being billed for EMS services. Mr. Childress noted that the various organizations have been informed that billing in the southern end of the County is already occurring. He noted most are in agreement with it, but the details must be worked out. Chairman Bradshaw commented that there has been a lack of communication on this issue. He stated these individuals are volunteers, who are invaluable to the County. He stated that the Board has done an injustice to the County's volunteers by not properly getting the message relayed.. He stated these volunteers need to know that the Board is here to assist them, and the Board wants to work with them. He requested that Mr. Childress and County Administrator Casket' take the lead and advise these individuals, who are our citizens and our friends, that they. are vital to the County. He stated that the County needs to move forward and recover from the lack of communication that has occurred in the past. Supervisor Bradby noted that communication is critical in dealing with local government issues. He stated his constituents need guidance with respect to the issue of EMS billing, and he felt confident they would get those answers at the Board's Town Meeting scheduled for April 14, 2005 at the Rushmere Volunteer Fire Department. // Chairman Bradshaw called for the County Administrator's report. County Administrator Casket' presented a Resolution of Appreciation to Emma Jean Brady for the Board's consideration. Supervisor MacManus moved the Board adopt the following Resolution: Resolution of Appreciation for Emma Jean Brady Upon her Retirement from the Smithfield Library Branch 28 1 1 1 __ ~~~, 23 ~~ 3 Whereas, Emma Jean. Brady has .tirelessly served. the- citizens of the To«-n of Smithfield and Isle of ~~'ight Count}' far t«-enty-six {~6} years at-the Smithfield Library Branch:, to include her tenure as Branch Manager; and, Whereas, Emma Jean Brady was instrumental in starting and expanding the Children's Programming at the Smithfield Library Branch thereby introducing many children in the community to the joys of reading; and, Whereas, Emma Jean Brady has dedicated countless hours of her time to provide leadership and support as the. Smithfield Library Branch has grown and evolved over twenty-six (26) years; . Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Emma Jean Brady. be recognized and commended for her outstanding public service, and is presented this Resolution as a token of the Board's gratitude and esteem; and, Be It Further .Resolved, .that the Isle of ~'Vight County. Board of Supervisors .extends to .Emma Jean Brady its best wishes for her future endeavors and orders that a .copy of this ..Resolution be spread upon the minutes of this Board this seventeenth day of March. 2005. The motion was adopted by a vote ok (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors votingagainst the motion. County Administrator Casket' presented a Resolution of Appreciation to Jerianne C. Gardner for the Board's consideration. He noted a formal presentation of the Resolution would occur at a later meeting. Supervisor Clark moved the Board adopt the following Resolution: Resolution of Appreciation far 3erianne G Gardner Upon the Approval of Ragged Island Creek t As an Exceptional State Waterway Whereas, Jerianne C. Gardner selflessly took it -upon herself to organize and promote the nomination of Ragged Island Creek as an Exceptional Waterway under the Virginia Water_Quality Standards of the Commonwealth; and, Whereas, Jerianne C. Gardner dedicated countless. hours of her personal time to provide leadership and. support throughout the extensive nomination process; and, Whereas, Ragged Island.. Creek was approved- as an Exceptional Waterway by the State Water Control Board on December 2, 2004 thereby 29 ~ :.•GN'riw~b°'^Mak.~:-, i <+. +s~.,~, ~ 4+. <, n.r ...- i .d ~,,., m ... r.K ~rvn ..-. -. -.:v . .. .. ,..:-_. .. 4 .., ...~ nb~ . ... ~ w..M 3.!e~. uawlm+'?%'„yY1~Y`4~`M1V-~ui~ibYS4ecF1~K'4 ensuring these valuable waters will remain protected at their present :quality for use and enjoyment by current and future generations; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Jerianne C. Gardner be recognized and commended for her outstanding public service, and is presented this Resolution as a token of the Board's gratitude and esteem; and,. Be It. Further Resolved, that the Isle of Wight County Board of Supervisors orders that a copy of this Resolution be spread upon the minutes of this Board this seventeenth day of March 2005. 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 Administrator Caskey presented a request from the School Board to commingle certain Capital .Project funding for the new Smithfield Middle School and Smithfield Elementary School conversion. Supervisor MacManus moved the Board approve the request from the School Superintendent requesting that the Board commingle the Capital. Project Funding for the new Smithfield Middle School and Elementary Conversion (funding of $24,150,000 previously appropriated) and the Central Interim Administration Space Project (funding of $250,000 in FY06'). 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 Administrator Caskey requested the Board's approval of a Selective Enforcement Grant for the Sheriff's Office. He noted there is no cash match requirement, and he recommends the Board approve the grant. Supervisor Clark moved the Board authorize submission of the Selective Enforcement Grant application. 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 Administrator Caskey presented a Virginia Law Foundation Grant for the Board's consideration. He noted it does not require any additional commitment of County funds.. beyond the amount of funding required to match the State CASA program. He recommended the Board's approval. Supervisor Clark .moved the Board authorize submission of the Virginia Law Foundation Grant application.- The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and 30 1 1 1 __ ___~.___.~___w_~.~ Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a funding request in the amount of $15,000 in the FY05-06' from the .Newport Development Service District Revitalization Committee to perform. certain work along. the Route 17 corridor. Supervisor Clark advised that the Director of Economic Development has advised that there -are sufficient funds in his budget to address this request; therefore, no action is required by the Board. County Administrator Caskey presented a report from the County's Joint Tourism Committee and the Town of Smithfield relative to` formation of a Tourism Relations Committee. Supervisor Wright requested. that the Town of Windsor be included. County Attorney Stroman advised that an item of business for the first meeting of the Tourism Relations Committee would be to address the bylaws. He stated these bylaws need to be in place in order for the Committee to function. He stated that; consideration was given to having seven (7) members in the event there is a tie vote. Supervisor MacManus noted that the bylaws should be by location position; that it should be the Smithfield Downtown Merchant's Association; and, that the majority vote of the participating members from theIsle of Wight County hotels/lodging meals service. industry/attractions industry be changed to the Board. Supervisor Bradshaw noted that he did. not want to focus on tourism in a designated area. He stated when. members are appointed in a concentrated. area, the entire County is not represented. Supervisor Bradshaw stated that his-district represents a majority of the County geographically, and that he has not seem any of the benefits of ? ~I .tourism for the southern area of the County. He noted that he wants to review the strategic goals and objectives. of the Tourism Relations Committee. He stated he is not sure if he can support the Tourism Department's budget this year until there is a drastic increase in economic development. He stated than he is in favor of eliminating .the Tourism Department and having it come under the Department of Economic ,.Development. He stated currently these two (2) departments are somewhat. working at cross purposes to each other, and they should not be. Supervisor MacManus moved the Board authorize the formation of a Tourism Relations Committee, and that the Town of Windsor be included in an advisory role. The motion was adopted by a vote of (5-0) with Supervisors 31 .S' y.~nye. ^4?4T!-'may 6fitAv'N «"9y,'~!!~»"~"'°e°"~""; v~ap.~...mcZ-vm Ya.4 ' .. Y ..i, ~+-~. n r ,.. ~ _rF .... ~n.. -...... - ~ -.- c.. v r .. ~ +Y[:K!._.rc,+F ~"W?~ r!.Fl 4' MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of .the motion, and no Supervisors voting. against. the. motion. Supervisor Wright presented a request from members of the Windsor- Volunteer Fire Department relative to providing certain exemptions for fire. and rescue volunteers and their immediate families from EMS billing. Supervisor Bradshaw moved the Board defer the request until the Fire and Rescue Association meeting. In the ,meantime, staff is to review the request, and bring it back to the Board, if necessary..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 Administrator Caskey presented a report on Voting Machine Acquisition Agreements, which was distributed to the Board prior to the meeting, and is responsive to a presentation by Mr. Brown with the Electoral Board, which occurred some months ago. County Attorney Stroman requested the Board approve the Agreements subject to his review and approval. noting that he has not yet had an opportunity to review them. Supervisor MacManus moved the Board authorize the Chairman. to sign the Agreements, subject to the review and approval of the County Attorney. 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. /I Chairman Bradshaw called for Appointments. Supervisor MacManus moved .the Board appoint Ms. Nonie Kellogg representing the County on the Tourism Relations 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. Supervisor Wright moved the Board appoint Jay Randolph representing the Town of Windsor to the Tourism Relations 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:. Supervisor Bradshaw moved the Board reappoint Hazel Edwards to the Southeastern Tidewater Opportunity Project. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and. .. 32 _l 1 33 Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board appoint Wayne Farmer as .the Chamber representative to the. Tourism Relations 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. Supervisor Clark moved the Board appoint Maria Perkins. on the Youth Services Advisory Board. 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. Chairman. Bradshaw called for the continuation of the discussion between the Board and Kent Little, Breeden Company, relative to landscaping at the Eagle Harbor Shopping Center.. Mr. Little advised the Board that a review of the maintenance records for the Eagle Harbor Shopping Center reflect that no tenant complaints have been received with respect to landscaping. Mark Pendleton, President of Breeden Realty, noted that he was very much interested in knowing about any complaints from .tenants. He .requested that Supervisor MacManus direct any. future complaints directly to him. He advised that the shopping center is currently 100% occupied, .with a waiting list of prospective tenants. He stated that the shopping center is only as successful as the tenants, and communication with them is critical. Supervisor.. Wright stated that the plan previously. submitted to the Board did not reflect. a true representation of what the development would look like a year Later. s i s Chairman Bradshaw advised Mr. Little. that he would prefer to see evergreen.. trees planted versus sweet gum trees. He stated what the Board felt like there was a good. faith understanding .between the County and Breeden, which was not honored, and the Board no longer feels. like there is a good line of communication .between the two. Mr. Little stated that the plantings at.the shopping center do exceed what is required by the County code, but they do need a chance to mature.. Chairman Bradshaw stated that the Board does not want .the County to look like surrounding cities that have no grass and trees, and. too .much B~J~K 2~ "~~~ concrete. He stated this Board wants to manage the growth coming into the County, and.. it wants to be able to .improve the quality. of life in the County for its citizens. He stated the residents of the County do not want businesses moving into the County and destroying the environment in the process.- Mr. Little noted a need. to move forward with the site plan of Eagle Harbor Tract 10A, parcels 1 and 2. He requested that the Board approve the < site plan, and he offered to discuss with the Board any issues that may occur in the future. Supervisor MacManus referred to the pictures shown earlier by Mr. Little of the landscaping at the Eagle Harbor Shopping Center, and stated that the County has photos of its own which depict a different perspective. He stated the original pictures of the front of the shopping center did not show neon lights across the brickwork. He stated the Board was told it would get a representation of downtown Smithfield, but what is there is not such a representation.. Mr. Little stressed that Breeden is under very tight deadlines and approval of the site plan is needed in order to move forward. He offered to meet with the Board tonight after the meeting to discuss any concerns. Supervisor MacManus advised Mr: Little that he wanted the Eagle Harbor Shopping Center to look like the drawings first presented to the Board. Mr. Little reiterated that the existing landscape will require additional time to mature before it will reach the level of maturity that the Board desires to see. Supervisor MacManus encouraged Mr. Little to examine some of the current plantings along Smith's Neck Road. Mr. Little noted that widening improvements and construction have disrupted landscaping along Smith's Neck Road.. He offered to review the landscaping along Smith's Neck Road again. Supervisor Clark noted that the pine trees planted along Smith's. Neck Road are not thriving, and are not very appealing. He stated the landscaping at Chesapeake Square is beautifully .done, and he recommended that tall evergreens be planted in place of the existing pine trees. Supervisor MacManus advised Mr. Little that. he did not want neon lights to be installed at the new shopping center. Mr. Little stated that signage is designed in conformity with the Zoning Ordinance, and the signs that .are on Tract l0A conform with the County's. ordinance, as well as the draft ordinance under consideration by the Board. 34 1! 1 p~fK 2V .,,',;~~i~ Supervisor MacManus noted that he had requested that the lighting requirement be revised during the work sessions held by the Planning Commission on the draft Zoning Ordinance. 1 ~~ Mr. Little advised that experience has proven that wooden -signs designed with downward directed ..lighting become invisible in a high-speed zone such as Route 17, and they also become a maintenance nightmare. He stated that signs need to be maintenance free, and national tenants have logos and sign identifications that are impossible to do on a sandblaster board. Supervisor MacManus expressed his understanding with the concerns associated with wooden signs, but neon lights do not support the architectural design of the building, and they are not acceptable. Mr. Little stated that his architect .contends that the building was designed for the signage utilized at the shopping center. Supervisor Clark stated what Mr. Little is really. advising the Board when he states that Breeden Company is complying with the law relative to the types of signage, is that he is only willing to comply with the minimum requirements of the County code. He stated that he is now concerned. that everything submitted in the site p'.an is at the minimum level required, and he wants to be sure before he votes in favor. of approving the site plan for Tract 1 OA. Mr. Little responded that Supervisor MacManus is requesting Breeden to design a defective product, and his request does not make sense in the building industry. Supervisor Clark noted that nationally recognized expert Ed McMann gave a presentation on designs consistent with surrounding communities that had back-lit plans with wooden signs. He stated those communities were also very successful. He stated that he had requested Sonic to delete its cones on the. front of the structure, and that business is still. successful. Supervisor MacManus stated that Mr. McMann had advised that the County would be more successful, and receive more dollars per square foot, if signs are used showing amore upscale shopping center. Mr. Little stated that 1VIr. McMann is not an investor in the Breeden Company's property. 1 Supervisor Clark replied that the County is an investor in the property. He noted that while he likes the shopping center itself, he feels than the landscaping is inadequate. 35 . Mr. Little stated that the landscaping is continually ~iemg updated, and that he would continue to work to bring it up to a point where it exceeds the County's existing code, if only the Board would grant approval of the site plan on Tract 10A. He stated that he has to disagree with Supervisor MacManus relative to signage. Supervisor Wright moved the Board table the site plan of Eagle Harbor Tract 10A, parcels 1 and 2, until the Board's meeting of April 7, 2005 with the proviso that Board members Clark and MacManus and Planning Commission members Gardner and Munsell and. staff are to meet with the Breeden Company representatives to address issues regarding signage and landscaping and other issues previously discussed by the Board. 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 requested that Mr. Small provide a status report to the Board on the Benn's Church developments. Patrick J. Small, Director of Economic Development, advised that there are three (3) separate parcels of land at the Benn's Church intersection. He advised that staff has not been approached, or had any discussions .with Mr. Frank regarding any further development of that property. He stated staff is also not involved in the negotiations for right-of--way at this time. He stated the Smithfield Downs application is being considered by the Planning Commission, and is expected to be tabled until the Planning Commission's next. meeting to allow the applicant the. opportunity to revise the proffers to the extent they wish to do so. He stated with respect to the Morgan and Turner property, staff received a letter from the Breeden Company stating that they are withdrawing from the project. Supervisor Clark recommended that Mr. Small encourage Messrs. Morgan and Turner to proceed with the rezoning of that property. He stated it is better to deal with the people you know, and have had :experience working with in the past. Supervisor MacManus presented a letter received from Soteria Church requesting consideration again be given to tax its property as church property versus. commercial leased property. Supervisor MacManus moved that the Board refer the letter to the Commissioner of Revenue to consider the contents of the letter, and to take action as may be necessary. 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 requested that Mr. Rountree brief the Board on the Carrsville water system status. 1 1 .. 1 36 1 E. ~ Wayne Rountree, P.E., Assistant County Administrator/Development noted that the .plans were reviewed by the Health Department longer than was really necessary because of consent orders associated with fluoride. He stated if the project is not already out to bid, it will be shortly, and bids will be submitted by the end of April, 2005. He stated funding. is included in this year's budget to construct part of this ; project, and those funds.. will be incorporated with funds in next year's CIP to complete the project. // Chairman Bradshaw called far New Business. 1 1 Supervisor. Bradshaw moved the formation of the. Business Route 58 Revitalization Committee to be .overseen by Debbie Sivertson, and that $15,000 be allocated to .next year's budget. to cover the expenses of that 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. Supervisor Bradshaw moved the Board authorize the issuance of an RFP from Economic Development and Planning & .Zoning to evaluate the feasibility of housing in the Route 58 corridor. 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 Bradshaw moved the Board direct the Planning Commission to review the Development Service District for affordable housing opportunities to be included in the Comprehensive Plan. 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 .Bradshaw moved the Board direct the County .Administrator to contact. the City of Franklin and Southampton County to reestablish the regional Economic Committee, with staff from the localities determining the make-up of the Committee. 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: i 1 Supervisor Bradshaw moved the Board direct the County Administrator and staff to contact the City of Franklin and Southampton County to reestablish the regional Water Committee relative to the April 21, 19971ong-term water supply study. The motion was adopted: by a vote of {5- 37 f a 9~41~ ~~J c"~~.~ 0) with Supervisors MacManus, Bradby, Bradshaw, Clark- and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw. moved the Board direct the County Administrator and staff to review the ,information with respect to fees associated with EMS and first responder, and come back to the Board with a recommendation for reimbursing the Carrsville Volunteer Fire Department for Erst responder. 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 Bradshaw moved the Board direct the County Administrator and Mr. Rountree to provide the Board with an update and a recommendation of what the Board needs to do with respect to capital projects and the plans for water and sewer development for the Camptown DSD, to include the .industrial expansion for existing business, economic development, housing development,, and fire protection for the industrial base. 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 Bradshaw moved the Board direct the .County Administrator to contact the City of Franklin and Southampton County regarding the feasibility of establishing the current City of Franklin airport as a "regional airport." 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 requested a .Closed Meeting pursuant to Section 2.2-371,1.A.7 of the Freedom of Information Act regarding a matter relating to a drainage issue near Eagle. Harbor; pursuant to Section 2.2- 3711.A.5 concerning a discussion of a prospective business or industry where no previous announcement has been made, specifically the issue of economic incentives;. pursuant to Section 2.2-3711.A.7 concerninglegal advice and briefings by staff on a matter relating to the placement of on-site wastewater disposal systems; pursuant to Section 2.2-3711.A.7 concerning legal advice and briefings and probable litigation regarding the granting df a variance; pursuant to Section 2.2-3711.A.7 regarding legal. advice and briefings by staff pertaining to actual litigation relating to codes compliance issues for auto repair shops; pursuant to Section 2.2-3711.A.7 .concerning legal advice and briefings by staff regarding replacement of non-conforming signs; pursuant to Section 2.2-3711.A.7 relative to legal advice concerning ordinances relating to the investigation of codes compliance complaints; pursuant to Section 2.2-3711.A.7 relating to actual litigation pertaining to determinations by the Board of Equalization; pursuant to Section 2.2- 3711.A.7 regarding actual litigation pertaining to the litigation filed by East 1 1 .o 1 38 1 1 90~~ 23 r:; :.~Z West Partners against the County; pursuant to Section 2.2-3711.A.7 relating to legal advice pertaining to the issues of proffers tendered to the .towns; and, under Section 2.2-3711.A.1 concerning two (2) personnel items regarding the performance of specific County employees. Supervisor MacManus moved the Board enter the Closed Meeting for the reasons stated. The motion was adopted by a vote of {4-0) with Supervisors MacManus, Bradshaw, Clark and Wright voting in .favor of the motion; no Supervisors voting.. against the motion; and, Supervisor Bradby... absent for the vote. Supervisor MacManus moved the Board return to open session. The motion was adopted by a vote of (~-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 adapt 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 suchpublic 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, Bradshaw, Clark and. Wright NAYS: 0 ABSENT DURING VOTE: Bradby ABSENT DURING MEETING: U // 39 , P~~1K ~•l .drr~~Z At 11:10 p.m., Supervisor Bradby moved the Board adjourn its meeting. 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. h' p A. Bradshaw, Chairman W. Dou as askey, Cle