06-16-2005 Regular Meeting1
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
.SUPERVISORS HELD THE SIXTEENTH. DAY OF JUNE IN '}HHE 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
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Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
.County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Seward, Assistant County Administrator!
Administration
Carey Mills Storm, Recording Secretary
Chairman Bradshaw called the meeting to order at 5:30 p.m.
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Supervisor Bradby delivered- the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for a presentation on biosolids.
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Rachel M. Morris, Rural Economic Development Manager, formally
introduced C. W. Williams., Chairman of the Biosolids Information Group.
She noted that Susan Trumbo, Vice-President, Recyc Systems, Inc., who :has
applied for a permit to apply biosolids in the County, was also invited, but
could not attend.
Mr. Williams briefed the Board- on some of the issues related to land
application of biosolids: He noted a cause for caution by the Board, as
problems have arisen with regard to a lack of communications with codes
enforcement officers; speeding; rude behavior; odor; and, tracking of
biosolids onto roadways. He stated that the members of his group requested
the Department of .Environmental Quality (EPA) to place a moratorium on
land application of sludge, and they were denied; however, the EPA has
agreed to test fifteen (I 5) more hazards in sewage sludge.. He advised that. he
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has .received letters from medical doctors noting. health .problems, .and. he
would recommend that the Board address any associated health issues.
Michael R. Stallings Of 16416 Scotts Factory Road stated the County's
agricultural community is disappearing because of economics, and the
application of biosolids is environmentally safe if applied within the
recommended guidelines. He stated biosolids are a waste material that can be
recycled which also has an economic value to farmers.
Charles L. Owens of 13477 Great Springs Roads noted that he has
farmed in the County for the past thirty-five (35) years and applied for a
biosolids permit. because of economic factors. He stated farmers have no
control over the products they sell, and he has never heard of any decrease to
land values because of the application of biosolids.
Ms. Morris noted .that Bernard L. Barlow is in attendance and would be
requesting a permit to apply biosolids.
Di Di Darden spoke in support of the application of biosolids, noting it
is a way for farmers to recycle as they are dependent on foreign fuel for
everything they do. She stated that she has spoken .with farmers in other
localities who currently utilize biosolids on their farms, and they have. not
reported any problems other than a smell that lasts for a few days. She stated
farmers are governed by many different agencies, and biosolids are. no
.different. She stated biosolids applications are used all across. the United
States, and they are safe.
Supervisor MacManus inquired if the Board could require that sites be
.located away from residential areas, as recommended in the Virginia Tech
Co-op Extension Land Application Guidelines. He pointed out that a permit
.being applied. for. in the County is contiguous to a large development where
there would be runoff to nearby lakes.
County Attorney Stroman advised that .the regulations provide that an
application .shall not be within 200 feet of occupied dwellings, within 100
feet of water supply wells or springs, or within 100 feet of property. lines. He
stated with respect to the proposed ordinance, the application shall be in areas
which are zoned far agricultural activity.
Supervisor MacManus stated the regulations only require a distance of
I00 feet and appear to be in opposition to the guidelines of Virginia Tech.
He inquired if there was anything the .Board could do to conform to the
guidelines offered by Virginia Tech.
County Attorney Stroman stated the Board could minimize concern by
approving applications located in an agricultural district where this type of
activity is allowed to take place. He advised that ..the proposed ordinance
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addresses land that is -zoned for agricultural activities, and it would exclude
agricultural activities that are non-conforming.
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Supervisor MacManus noted that agricultural areas always adjoin the
boundary of another type of zoned district.
County Attorney Stroman stated while that is .true, the Supreme Court
has held that the state's regulations pre-empt the field, which makes the area
that is left for local regulation. relatively narrow. He advised that .the County
has .very limited control, but it does have the. Right to Farm Act which
provides for the encouragement of agricultural activity, subject to health end
safety concerns.
Supervisor MacManus reiterated that the state's regulations are not in
conformance with Virginia Tech's guidelines on the proper use of biosolids.
Supervisor Clark stated that this Board will, to the extent possible
under the parameters allowed .under the state statute, use every effort to
control and buffer the biosolids that come into the County. He stated he does
not have a problem with manure, but he does .have concerns with biosolids
that come from other sources.
Supervisor MacManus questioned if the Board has the ability to require
a Water Quality Impact Analysis on applications for biosolids.
County Attorney Stroman requested an opportunity to review
Supervisor MacManus' inquiry in more detail, and he noted that he has a
report. concerning state regulations for the Board's discussion under his
section. of the agenda.
Supervisor Bradby spoke in favor of assisting the local farmers. He
stated the state has approved biosolids, and there is nothing the Board can do
to prohibit it. He stated there are many farms in his district that are no longer
being cultivated because of economics.
Supervisor Wright stated biosolids should be allowed as long.. as they
are governed and guidelines are set and followed properly to ensure safety..
He stated economics and safety are his major concerns.
Chairman Bradshaw stated environmental issues, water quality, and the
health and safety of the County's citizens are his primary concerns. He noted
that farmers are environmentally conscious individuals, and the Board will
continue to look into the various aspects associated with the application of
.biosolids as it relates to the best interests of the County.
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Chairman Bradshaw called for approval of the agenda.
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County Attorney Stroman requested that the following amendments be
made to the agenda: Under. Special .Presentations, add an additional Eagle •
.Scout Presentation to Jarrtes L. Smith; .move the Community Development
Report to after the County Attorney's Report; under Old Business, add a new
Item (E), Pedestrian and Bicycle Facilities Committee Report; under New
Business, add a new item concerning a NACo Achievement Award. that the.
County has won; and, under Closed Meeting, a total of eight (8) items which
he will identify when the Board goes into the closed meeting, and which he
covered in his report, along with an addition of an item pertaining to legal
advice and investment of public .funds related to a budgetary matter
concerning appropriation to the School Board and a personnel item.
Supervisor Wright. 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.
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Chairman Bradshaw called for Eagle Scout Presentations.
Supervisor MacManus moved the Board adopt resolutions recognizing
and-congratulating the following individuals for achieving the rank of Eagle
Scout: Nicholas C. Guendel; Marcus A. Shearn; William K. Willard; Averyl
K. Diggs; Adrin K. Diggs; Adron K. Diggs; John P. Bryant; James H.
Rasnake; Joshua P. Flemming; and, Craig A. Hornbaker. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor MacManus moved the Board adopt the following.
Resolution to Recognize Larry Willis for Outstanding Achievement:
Resolution of Appreciation
.Isaac N. Jones, III
Upon the Completion of his Services to the
Smithfield Volunteer Fire Department and the
Citizens of Isle of Wight County
Whereas, -Isaac N. "Buddy" Jones, III served for seventeen years as
Fire Chief of the Smithfield Volunteer Fire Department; and,
Whereas, Isaac N. Jones, III has selflessly given of his time and energy
during his tenure as Chief to provide leadership and direction to the
Smithfield. Volunteer Fire Department; and,
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Whereas, Isaac N. Jones, III has spent countless hours purchasing and
maintaining the tools needed to ensure the safety of the citizens of Isle of
Wight Countyand the Town of Smithfield; and, '
Whereas, Isaac N. Jones, III. thirty-seven total years of service 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 Isaac N. Jones, III be recognized and commended for his
outstanding service to the. citizens of Isle of Wight County and the Town .of
Smithfield, 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 Isaac N. Jones, III its best wishes for his future
endeavors and orders that a copy of this Resolution. be spread upon the
minutes of this Board this seventh day of July 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.
Steffie Broadwater, member of the Pig Jig Steering Committee,
requested an allocation of $10,000 for use as "seed" money, and a $25,000
loan for -use as operating capital for the Pig Jig Festival, which would be
repaid through ticket proceeds and sponsorships. She stated this event will
feature all-day music, food and drink, activities and competitions for both
children and adults, a port cook-off and a marketplace wherein. the County's
-local merchants can show and sell their goods, She stated the proposed event
will be held on the County Fair grounds and is scheduled for Saturday, May
20, 2006. She stated marketing will be coordinated with Tourism and .will
occur at both the local and regional levels, to include print ads, radio and
possibly television. She stated the event will also be listed statewide on the
Virginia Festivals Website. She stated local merchants and organizations
would be-given priority status to participate and profit from the Pig Jig. She
stated sponsorship opportunities exist from the. $500 level to -the $25,000
IeveL
Chairman Bradshaw noted that the Board did not fund its own County
Fair, and he recommended that the Board: review the request with respect to it
setting a precedent for future requests.
Supervisor Clark moved that the Board refer .the request of Steffie
Broadwater for $10,000 for use as "seed" money and a $25,000 loan for use
as operating capital to staff for their recommendation back to the Board, and
that the County Attorney be directed to review the request. to determine if this
would be setting a legal precedent. The. motion was adopted by a vote of (5-
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0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting
in favor of the motion, :and no Supervisors voting against the motion.
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Chairman Bradshaw indicated the Consent Agenda included the
following items:
A. Resolution Supporting the Western Tidewater Water Authority's
Groundwater 'Permit and Requesting Department. of
Environmental Quality Approval
B, Resolution to Accept and Appropriate Funds from the Virginia
Department of Emergency Management for the Hazard
Mitigation Burwell's Bay/James River Area Project
C. Resolution to Accept and Appropriate Funds from the. State.
Department of Emergency Management for the LEMPG Program
D, PEG Channel Video Broadcast Implementation Plan
E. Status Report - Regional Library Participation Review
Committee
F. Tourism Relations Committee -Update
G. DBS System Replacement -Update
H. Nike Ajax Missile Parts/Nike Park
I. Blackwater River Tributary
J, Air Monitoring Station for Mercury in the .Blackwater River
Basin
K. Eagle Harbor BMP
L. DEQ/Public Notice Dated May 3I, 2005
M. ...Planning Commission Action List of May 24, 2005
N. Action List Status Update
O. Delinquent Real Estate Tax Collection Monthly Report
Chairman Bradshaw asked if there were any items for removal.
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Supervisor MacManus moved that the Board remove Items (F) and (K)
and adopt the remaining items in 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 r
against the motion.
Chairman Bradshaw recognized that Mr. Robertson was not present at
this time, and he called for discussion on Item (K), Eagle Harbor BMP.
Supervisor Clark express concern with the potential for someone to fall
in the BMP. He inquired if a fence could be installed around the interior of
the BMP near the bottom rather than at the top of the BMP. He inquired
how deep the water could get that is stored in the BMP.
Beverly H. Walkup, Assistant Director of Planning and Zoning, replied
only about one (1) foot of water, although that amount would be sufficient
for a small child to drown.
Chairman. Bradshaw inquired how deep the water could get before the
outlet allows it to drain.
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Ms. Walkup replied that she was unsure, and she offered to speak with
the developer and report back to the Board.
Supervisor Clark moved the Board direct staff to research and bring
back a report to the Board addressing the size of the BMP, i.e., width and
dimensions; the amount of water that would be allowed to stand at any given.
time; the amount of water that would be there before it is allowed to migrate
out; to include photos; staff to work with the developer regarding fencing in
of the entire BMP; and, if the water does drain out, what does the developer
have to cover the BMP. 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 (F), the Tourism Relations Committee update, Donald
T. Robertson, Assistant County Administrator/Operations, reported that the
Tourism Committee had met yesterday to discuss the eight (8) priority areas
as identified previously by the Joint Tourism Committee. He advised that a
follow-up meeting has been scheduled for next Wednesday. He stated staff
has advised the Committee that a short and long-term plan needs to be
established, and that the effort is to be completed in the July timeframe so
that staff can report back to the Board.
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Supervisor MacManus moved the Board accept the report as provided
by Mr. Robertson. 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..
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Chairman Bradshaw called for Transportation Matters..
Mr. Rogers noted that contained in the agenda is a list of VDOT
responses to action items from various Board meetings through the month of
May, 2005.
Supervisor MacManus commented on VDOT's continued efforts to bid •
projects time after time with the expectation that the bids will come in at a
lower level.
Mr. Rogers stated that he spoke with VDOT representatives about this,
and was informed that Richmond has begun to adjust its bid prices in its
database for inflation. and additional fuel costs.
Supervisor Bradby requested that grass cutting services be performed at
Fort Huger Road and Tyler's Beach Road..
MacFarland Neblett, VDOT Resident Engineer, offered. to .relay
Supervisor Bradby's request. He stated the second cycle of grass cutting has
begun on the primary system, and VDOT is continuing to cut grass along the
secondary highway system at this time.
Chairman Bradshaw inquired when grass-cutting services would begin
on Colosse Road.
Mr. Neblett stated the grass was cut on Colosse Road today, .although
he was not sure if the work was completed.
Eric Cuffins, Associate Engineer, VDOT, notified the Board of the new
dates. for the revised-Route 460 public hearings, which are Tuesday, July I9`f',
at Windsor High School from 4:00 p.m. until 7:00 p.m., and Thursday, July
21 S`, at Moore Middle School (Prince George County) from 4:00 p.m. until
7:00 p.m.
Grace Keen inquired about the status about the "No U Turn" sign at
Benn's Church Boulevard.
Mr. Neblett informed Mrs. Keen that the VDOT Traffic Engineering
Department has advised that there is not a need fora "No U Turn" sign in
.front of Benn's Church because there is not an accident history at that
location.
Chairman Bradshaw requested Mr. Neblett to look into the request
again and report back to the Board at its July 7, 2005 meeting.
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William Carter of Rescue stated that although the Rescue Bridge had
been accepted by VDOT over eight (8) months ago, the silt fences remain in
place; grass is overgrown on each side; dams and the ditch on the southside
which were established as a result of a wash out, remain intact, causing the
water to puddle and mosquitoes to breed;. the road across the. causeway .is
beginning to settle, causing a bump on each end of the bridge; and, the drain
was not located at the lowest point of the five-inch curve which has caused
water to stand on the side of the road following a rain.
Supervisor Clark -moved that the Board direct Mr. Rogers to meet with
Mr. Carter to identify all of his concerns and make contact with VDOT to
discuss a resolution of his concerns before reporting back to the Board at its
July 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.
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Chairman Bradshaw called for Citizen's Comments.
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Grace Keen, .President of the Isle of Wight Citizens Association,
advised the Board that the Association wished to sponsor a Town Meeting
concerning the application of sludge in the County and its potential problems..
She requested that the Board members review their respective calendars- and
advise her of a convenient date, place and time that such. a meeting could take
place.
Chairman Bradshaw moved the Board. discuss the matter further under
New Business. 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.
Albert Burckard expressed support of the County's draft Biosolids
Ordinance. He stated the process leading up to the ordinance and citizen
comment would go a long way to alleviating many of the fears associated
with sludge.. He encouraged the Board to adopt the ordinance as soon as
possible.
Sadie Boyer of the Newport District expressed concern with the
application of sludge on farms in the County. She urged the Board to listen to
what is presented at its meetings, and to read as much as possible on this
subject.
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Gene Duncan of the Newport District requested that the Board deny
any application submitted by Billy Blanton for a Conditional Use Permit for a
sawmill He advised that his mother is unable to enjoy her porch because of
smoke thatlingers in the air. He stated log trucks have damaged the private
lane and snakes live under the timber hat is located on the property.
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Stephen Adams of Hampton, representing the Cypress Creek.
Homeowners' Association, inquired who .would be responsible if the golf '~
..course fails due to the runeff of sludge. He stated .the Board has the ability to
examine each biosolids permit and recommend against it, and .that buffer
zones should be created where agricultural land adjoins a residential area. He
.encouraged the Board to pursue all options available with respect to biosolids
applications.
John Smithwick of Hayes Lane spoke in opposition to the operation of
Billy Blanton's sawmill and the byproducts produced as a result of its
operation. He also cited concerns with large piles of logs that are allowed to
rot.
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At 7:00 p.m., Supervisor Wright moved 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.
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Chairman Bradshaw called. for a public hearing on the following:
The application of Community Electric Cooperative for a Conditional
Use Permit to allow an electrical distribution substation on property
located at 12762 Courthouse Highway, Smithfield, in the Hardy
Election District.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed application..
Gene Thresher, Operations Manager, Community Electric Cooperative,
advised that all .previous permits were unanimously approved, and all
adjoining landowners support the application.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark moved the Board approve the application of
Community Electric Cooperative. The motion was adopted by a vote of (4-0)
with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the
motion; Supervisor MacManus abstaining from voting due to a possible
conflict of interest; and, no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
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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.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed application.
No one appeared.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark moved the- Board deny the application of Bobby and
Joyce E. Edwards, and Sylvia E. Edwards. 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.
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Chairman Bradshaw called for a public hearing on the following:
The application of Robert J. Frank for a change in zoning classification
from Rural Agricultural. Conservation (RAC) to Conditional General
Commercial. (C-GC), 6.4 acres of land located on the south side of
Brewer's Neck Boulevard (Route 258) east of the Benns .Church
Boulevard (Route 10) intersection, Carrollton, in the Newport Election
District. The .purpose of the application is for a future retail out parcel
and mini-warehouse complex phase II. (Tabled. December 16, 2004).
County Attorney Stroman informed the Board that the applicant has
submitted a letter. requesting that the application be tabled for a period of six
(6) months, and staff recommends that the application be tabled for a period
of ninety (90) days.
Supervisor Clark. moved the Board postpone the public hearing for a
period of ninety (90) days until the Board's September 15, 2005 meeting and
that the cost of re-advertising the public hearing is to be paid by the
applicant. 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.
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Supervisor Wright moved the Board return to the regular order of the
agenda and continue with Citizen's Comments. The motion was adopted by a
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vote of (5-0) with Supervisors MaeManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
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Michael Fox of Titus Cove Lane spoke in support of Mr, Blanton's
sawmill remaining in operation. He stated he prefers looking at Mr.
Blanton's sawmill as opposed to the junk cars that are stored on Mr.
Smithwick's property.
Keith Bails of 19263 .Oliver. Drive, Billy Blanton's son-in-law,
addressed the history of the milling operations at Mr. Blanton's home. He
stated that he and Mr. Blanton had spent their own time and money to remove
junk items that had been stored on the property prior to Mr. Blanton
purchasing it. He spoke in support of the mill remaining in operation.
Jerianne Gardner of the Newport District requested that the Board
authorize staff to contact the .Virginia Department of Health (VDH) to
request that any modifications that could be made to the permitting are made
that are not contrary to the Code of Virginia. She stated this should be
included in the County's Biosolids Ordinance. She stated she has contacted
VDH with respect to what products are grown in the se-wage sludge, and
whether or not they will be labeled that they were grown in this type of
material. She stated that she would advise the Board when she receives a
response.
Billy Blanton of Haynes Lane addressed the concerns cited previously
with regard to the operation of his sawmill.. He stated there has never been a
log truck on his land, and all logs are removed in the wintertime primarily for
heating purposes. He stated he has never charged anyone for lumber. He
stated that Mr. Smithwick has been complaining about him since he
purchased the property, and he .believes that his sawmill operation is
grandfathered.
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Chairman Bradshaw called for the County Attorney's report
County Attorney Stroman presented an Agreement between the Board
of Supervisors and the Commissioner of the Revenue Regarding: Entry into
the County's Pay and Personnel Plan which he has- approved as to form and
recommends the Board authorize the Chairman to sign. on behalf of the
County.
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Supervisor Clark moved the Board enter into the Agreement with the
Commissioner of Revenue on behalf of the County. The motion was adopted.
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
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Wright voting in favor of the motion, and no Supervisors voting against the
motion.
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County Attorney Stroman presented an Agreement with the Clerk of
the Circuit Court to join the County's Pay Plan which he has approved as to
form and recommends the Board authorize the Chairman to sign it on behalf
of the County.
Supervisor Clark. moved the Board enter into the Agreement with the
Clerk of the Circuit Court on behalf of the County. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clarh, and
Wright. voting in favor of the motion, and no Supervisors voting against the
motion.
County Attorney Stroman presented a draft Biosolids Ordinance that he
has prepared for the Board's discussion and consideration. He briefed the
Board on the five (5) steps associated with a biosolids permit. as required by
the state. He reiterated that localities can not prohibit the application of
biosolids; local regulations are subject to preemption by state regulations;
local governments do have input into the process to the decision maker, who
makes the final determination of whether to approve or not approve the
biosolids. application. He advised that permits granted are valid for a period
of five {5) years. He stated the proposed ordinance contains a reference to
recovering fees that are set by the state based on dry tonnage, which could be
used to defray the cost of the monitoring program.
Supervisor MacManus inquired if -the County could require that a
Water Quality Impact Analysis be done on each application.
County Attorney Stroman requested additional time to review whether
the Board could require a Water Quality Impact Analysis. He stated that the
Board could hold a public hearing on any matter it deems to be in the
public's interest.
Chairman Bradshaw inquired if .the Board .could hold a public
informational meeting.
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County Attorney Stroman advised the Board that it could hold a public
information meeting, .but he emphasized that should the Board hold such a
meeting, it should serve a useful purpose. He stated that the Board would
want to hold such meeting when it receives notice that the permit has been
applied for because that would guide the local government in the comments it
would make at a state meeting.
Supervisor MacManus inquired if the individual using the biosolids
would be liable for impacts to other areas if it could be shown that it was due
to runoff from their facility.
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County Attorney Stroman replied potentially. He stated the more
important question is what would the liability. be in the event there was an
incident that endangered public health or safety.: He stated another important
issue is how would a spill of Class (B) biosolids be treated.
Supervisor MacManus stated the Board does have the ability to
recommend against a permit, and this Board has yet to take a position on any
of the permits being applied for at this time. He inquired when the deadline
is for the Board to take a position on them.
Rachel Morris, Rural Economic Development Manager, stated
following the public informational meeting which was held in April, there is
a thirty (30) day comment period, and at the end of that window, there was a
ninety (90) day extension issued.
Supervisor MacManus noted that it is still within the ninety (90) day
extension period, and the Board could provide a comment on that permit
before it is granted. He stated that he is inclined to hold a public hearing
because each permit should be considered on its own individual merits. He
stated that he .wants to ensure that staff provides the Board with a
recommendation on each of the individual permits, but if there is an
opportunity to hold a public hearing, he would prefer to do so on each
individual permit.
Ms. Morris stated that the Recyc Systems representative strongly
encourages the County's monitor to be involved and informed about nearby
facilities, such as schools., nursing homes,. etc.
Supervisor Clark noted his disappointment that a representative of
Recyc Systems was not present tonight to represent the company's position.
He stated the company's absence causes .concerns about. the level of
commitment to addressing the Board's concerns.
County Administrator Caskey advised the Board that pursuant to its
directive, he had written the state requesting a ninety (90) day postponement.
He noted that a second letter was also sent requesting that ;the state officially
advise him on its position, although he has not yet received a response. He.
stated that the .letters sent to the state were faxed,. mailed and. also emailed.
Supervisor MacManus moved the Board direct Assistant County
Administrator Rountree to provide a report to the Board in conjunction with
the County Attorney to decide when the public hearing should be held in
order to allow time to conduct the public hearing and provide the input before
the expiration. of the comment time, and that the County Attorney provide a
legal response on the Water Quality Impact Assessment, to include if the
County can install wells near the area in question and test the water, and any
liability concerns; any pertinent information regarding each application and
that the Board hold individual public hearings for each permit so that each
14
aOnK ~..,., . ~ ~ • ll'3
application can be considered on its own individual .basis after the data is in
hand, but with sufficient time to allow the Board to provide comments on
each of the permits, and to survey other .localities that have a biosolids
ordinance to determine if they have encountered any problems. 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 noted that he would like to hear about concerns
other localities have experienced with the application of biosolids, and how
they were addressed by the localities. .
r
Ms. Morris advised that she has not heard anything negative about
Recyc Systems other than an increase in traffic.
County Attorney Stroman stated with respect to the draft Biosolids
Ordinance, he attempted to keep the following issues in mind: 1) know that
there is an application .being requested so that the Board has an opportunity to
provide feedback; 2) accountability, which involves the use of a monitor and
ensuring that what is proposed to be spread is what is spread and it is
consistent with state regulations; 3) responsibility, and what happens in the
event of a spill, and what can the Board require of the land applicator that
will provide some assurance.
Supervisor Wright inquired if .the County could require wells to be
drilled and checked every several months.
County Attorney Stroman advised that he is not aware of any
jurisdiction requiring the drilling of wells to monitor the water quality, but he
believes that it would be part of the water quality issue addressed by
Supervisor MacManus in his earlier motion.
Supervisor Clark moved that the Board direct the County Attorney and
Ms. Morris to survey the. ordinances of other localities to ensure that there is
not some provision that other .counties have used that has survived legal
challenge,. and see if that should be added. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved that the Board direct the County
Attorney to make the following changes to the. Ordinance:
Under Section 14-85, Complaint Response, add a Section (F) where if
the Board-does recommend against a permit and it is provided by VDH to the
applicant, that a copy of the complaint be sent to the County's Delegates,
Senators, VDH, EPA, Governor, and the Attorney General; under Section 14-
88, Financial Responsibility, that the amount not be specified, but to impose
arr insurance requirement based. on the type of application, .the location, and
15
eo~x 23 :.-:-~~4
~.
the potential concerns; under penalties for enforcement, .include .penalties at
maximum dollar value each day of violation.
The motion was adopted by a vote of (5-0) with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved that the -Board direct staff to advertise
the Biosolids Ordinance for the Board's July 26, 2005 meeting with the
comments provided to amend the ordinance accordingly. The motion .was
adopted by a vote of (5-0) with Supervisors MaclV~anus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
//
Supervisor Clark moved the Board take a 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.
Supervisor Clark. moved the Board return to open session. The motion
was adopted by a vote of (S-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
//
County Attorney Stroman presented a lease for space of the County's.
Health Department with Franklin E. Hall. He advised that the County does
receive a partial reimbursement from the state, although he has not yet
received it, and he would recommend that the Board authorize the Chairman
to execute it, subject to his further consultation with the Health Department.
Chairman Bradshaw inquired if staff has been advised about state
support for a new County Health Department facility.
County Administrator Caskey responded that he has not heard anything
from the state in .approximately a year.
Supervisor MacManus noted that while the rental amounts are
reasonable and nominal, the County will have paid twice the amount it would
over a twenty (20) year period than if the County had built a facility .itself.
County Attorney Stroman stated that a .longer-term lease protects the
County .from rental. increases; however, a shorter term allows the Board more
flexibility if the Board chooses to consider something over than a lease.
16
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1
Anne F. Seward, Assistant County Administrator/Administrator, stated
the Board previously discussed its desire to have the Health Department be
more centrally located. She stated if the Board builds a facility now without
state support, the funding will be 100% the responsibility of the County. She
recommended that the Board, until its receives state support, continue omits
present path.
Chairman .Bradshaw moved the Board approve the rent increase in the
lease for the County's Health Department, subject to further consultation
with the Health Department and direct staff to pursue with the members of
-the General Assembly of the State funding for the construction of a building
for the County to utilize. 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 advised the Board that there are several legal
considerations that the Assistant County Administrator of Development, the
Director of Public Utilities, and he would like to address with the Board in
closed meeting with respect to the Lawne's Point on the James Conditional
Use Permit application.
County ,Attorney Stroman recommended. that the Board approve the
GIS contract amendment which he has reviewed as to form.
1
Supervisor Clark moved the Board approve contract amendment No. 5,
which modifies the Scope of V~ork and increases the cost of GIS Amendment
No. 4. 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 presented the Youth Services Advisory
Board bylaws .for the .Board's review and approval. He advised that the
Youth Services Advisory Board has reviewed the bylaws and recommends
them to the Board.
Supervisor Wright moved the Board adopt the bylaws and authorize the
Chairman to execute them. on behalf of the 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.
1
.County Attorney Stroman requested a closed meeting` concerning the
Lawne's Point on the James matter and other matters sent to the Board under
separate cover.
//
Chairman Bradshaw called for the Community Development Report.
i7
ao~M 23 •.; ~~~~
Chairman Bradshaw recognized: Beverly H. Walkup, .Assistant. Director
of Planning and Zoning, for outstanding work on various Community
Development Block Grants over the last several years.
Beverly Walkup requested the Board approve a contract for planning
grant services for the Booker T. Estates Neighborhood CCD by and between
the County of Isle of Wight and K. W. Poore and Associates, Inc.
Supervisor Wright moved the Board approve the contract addendum to
cover the additional engineering services, specifically a wetlands delineation,
and authorize the Chairman to sign on behalf of the 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.
Ms. Walkup requested the Board approve the pre-contract requirements
for the Booker, T. Estates proposed community improvement grant, which
have-been reviewed as to form by the County Attorney.
Supervisor Clark moved the Board adopt the Local Business and:
Employment Plan, Non-Discrimination Policy; Fair .Housing Certification
and the Residential Anti-Displacement and Relocation Assistance 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.
Mr. Rogers presented the Preliminary Subdivision Plat of Ashby .Way
West, Property of Elliot Cohen, Carrollton Boulevard (Route 17), Newport
Magisterial District to the Board for its consideration.
Chairman .Bradshaw inquired as to why the Planning Commission
voted as it did on this plat.
County Attorney Stroman stated there was discussion on a wetlands
issue and some continuing discussions on matters that related to a proffer that
at one point was offered, and then withdrawn.
Supervisor Clark moved the Board approve the preliminary subdivision
plat of Ashby Way. West. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and- no Supervisors voting against the motion.
Mr. Rogers presented the Preliminary Subdivision Plat of Pulliam
Estates, Property of Albert C. Pulliam, Jr., Track Lane (Route 624), Hardy
Magisterial District for the Board's consideration.
18
soots 23 ~~ ~~O7
Supervisor MacManus inquired if it was routine procedure for a public
drainage easement to be located in the backyard of a lot.
Ms. Walkup stated that has been done in other subdivisions; however, '
there are other techniques that can be used now with low impact development
design, although they are mare costly.
Supervisor MacManus moved the Board table the preliminary
subdivision plat of Pulliam Estates for thirty (30) days and allow staff to
convey to the developer that the Board does not believe it is a good concept
to have a BMP pond located in the backyard of one of the homes. 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.
Mark Harrup noted contained in the agenda is the 2006 Comprehensive
Plan Review and Update for the Board's information.
Chairman Bradshaw made reference to the community scoping meeting
scheduled in July.
Supervisor MacManus recommended that the community meeting be
held at Benn's Church as this location would draw additional participants.
//
Chairman Bradshaw called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, presented
an EMS Revenue Recovery System Memorandum of Understanding for the
Board's approval
1
Supervisor MacManus recommended that staff prepare a
recommendation on reimbursements to be contained in the Consent Agenda.
Supervisor MacManus moved the Board approve the EMS Revenue
Recovery System of Memorandum of Understanding. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion..
Mr. Childress presented a request from the Carrollton Volunteer Fire
Department (CVFD) for the remainder of the balance of the self contained
breathing apparatus (SCBA) to be donated to them so that. they. can proceed
with the purchase of SCBA units that are used. and being. acquired from
another department. He stated essentially, the Department is requesting to
utilize allocated funds, but in a mare efficient manner.
19
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Chairman Bradshaw noted that. the Department. is wishing to go outside
the County's purchasing agreement and purchase items cheaper than what
was originally approved, and use the .left over money to purchase additional
items; He recommended .that the Fire and Rescue Association review the
request prior to the Board taking action.
Chairman Bradshaw moved the Board send the request to the Fire and
Rescue Association for their review and approval. 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
motian.
//
Chairman Bradshaw called far the County Administrator's report.
County Administrator Casket' recognized Beverly H. Walkup .for her
efforts in support of the County receiving a Certificate of Award in the
amount of $1.4 million for the Booker T. Estates Community Development.
Block Grant Program..
County .Administrator Casket' requested that the Board continue to
facilitate the appointment of its Board of Assessors.
Supervisor MacManus moved the Board appoint John Graham to the
Board of Assessors. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motian, and no Supervisors voting against the motion.
//
Qa
.i
Chairman Bradshaw called for Appointments.
Supervisor MacManus moved the Board reappoint R. D. Edwards to
serve on the Agricultural/Forestal District Advisory Council. 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 Bradby moved the Board reappoint Charles W. White to
serve on the Wetlands 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 Wright moved the Board .appoint Kay Stephens to replace
Julia Perkins on the Paul D. Camp Community College Board. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
2Q
~j(If~r ~~ ~~~,~
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
1
/I
Chairman Bradshaw called for Old Business.
The application of Robert J. Frank to amend the proffered Master Plan
of the Benns Church Development, thirty-three (33) acres of land
zoned Conditional General Commercial (C-GC), to allow a self storage
facility and retail/office uses. The property is located on the south side
of Brewer's Neck. Boulevard (Route 258) east of the Benns Church
Boulevard (Route 10) intersection, Carrollton, in the .Newport Election
District. (Tabled December 16, 2004).
Supervisor Clark moved the Board table the matter until the Board's
September l 5, 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.
1
1
County Administrator Caskey stated a variety of applications for
Certificates of Public Need are moving through a process with different
phases of review and consideration. He noted that the Board had previously
.supported an initial application by Riverside Hospital for a Certificate of
Public Need which included a freestanding surgical center to be built at the
proposed Benn's Grant property. He stated pursuant to the Board's direction
at its-May 19,2005 meeting, staff did a number of things to demonstrate the
Board's level of support. He stated the Board subsequently heard from.
representatives of Obici who came to the Board's meeting on May 31, 2005,.
at which time the Board .was advised of their interest in certain Certificates of
Public Need, and the Board ~~~as requested to consider adopting two (2}
separate resolutions, one (1) for an ambulatory/surgical center to be located at
the campus of Obici in Suffolk, and .another for Obici's MRI/CT mobile
application. He stated at that same meeting staff presented as a late item a
resolution prepared that day which also supported the Riverside expanded
MRI/CT applications. He stated both. the applications for the MRI/CT for
Riverside :and Obici have received favorable consideration from the state. He
stated the issue now is to what degree the ambulatory/surgical center is a
competing medical opportunity.
Supervisor Clark stated after reflecting on his previous action to vote in
favor of Obici's Resolutions of Support for Certificates of Public Need, he
became concerned that approval of those resolutions might jeopardize
Riverside's ability to build an ambulatory/surgical center in the County. He
stated Riverside's proposal to construct a building in the County would result
in a substantial benefit to the residents of the outlying areas.
21
County Administrator Caskey confirmed that it appeared to him that
the ambulatory/surgical centers being proposed by both Obici and Riverside
do appear to be competing facilities.
Supervisor MacManus stated that the Board has already approved
MRI/CT Resolutions of Support for Certificate ofPublic Need for both Obici
and Riverside. He recommended that the Board adopt a revised resolution
illustrating the Board's equal support of the Riverside Certificate of Public
Need.
Supervisor Clark moved that the Board. rescind the following
Resolutions adopted at the Board's May 31, 2005 meeting: Resolution. to
Endorse Approval of Obici Hospital's Certificate of Public Need Application
for the Establishment of an Ambulatory Surgical Center on Obici Hospital's
Campus and the Resolution of Support that the Virginia Department of
Health Favorably Consider Issuance of a Certificate of Public Need for the
Expansion of CT and MRI .Services Froposed by the Riverside Regional
Medical Center. 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.
Supervisor MacManus moved the Board adopt the following. amended
Resolution to Endorse Approval of Riverside Health Care's Certification of
Public Need Application for the Expansion of CT and MRI Services:
.i
RESOLUTION TO ENDORSE APPROVAL OF
RIVERSIDE HEALTH CARE'S CERTIFICATE OF
PUBLIC NEED APPLICATIONS FOR THE ESTABLISHMENT OF A
MOBILE MRI AND MOBILE CT
WHEREAS, the Board of Supervisors of Isle of Wight County is
empowered by statute to speak for the interests of its citizens, and is
specifically encouraged to do so on pending Certificate of Public Need
projects; and,
WHEREAS, the Eastern Virginia Health Services Agency is soliciting
comments and recommendations concerning Obici Hospital's Certificate of
Public Need Applications (COPN Request Nos. VA-7141 and VA-7173) for
the establishment of a mobile MRI and mobile CT at Smithfield Medicat
Center campus in Smithfield, Virginia; and,
.WHEREAS, Isle of Wight County's .population of senior residents
aged 65 and over has grown significantly, with this age group projected. to
increase by 63% in Isle of Wight County between 2000 and 2010; and,
WHEREAS, Obici Hospital and Smithfield Medical Center have long
been good neighbors and the primary providers of .health care in the County;
and,
22
°'1 ~ K 2.3 .. 1
WHEREAS, the Riverside Health System has maintained a presence in
Isle of Wight County for more than twenty (20) years with the establishment
of a nursing home, dialysis facilities and physician care; and
'
,
WHEREAS, there is no pubic transportation available to Suffolk or
Portsmouth, limited service to Newport. News, thereby causing Isle of Wight
residents to depend on family and/or friends to routinely take them to medical
facilities in these adjoining cities for needed health services; and
,
WHEREAS, Riverside Health System is attempting to locate
and
s
provide health services where they .are most convenient and accessible to the
County's growing population; and,
WHEREAS, Riverside's mobile MRI and mobile CT will bring these
services to County residents, decreasing travel time and improving
.convenience by providing patients with greater choice in scheduling options,
while maintaining high quality and coordination of care; and
,
WHEREAS, the mobile MRI and CT will provide additional. jobs for
County citizens and support other strategic goals of the Board of Supervisors
and the County generally.
NOW, THEREFORE BE IT RESOLVED .that the Board of
Supervisors of Isle of Wight County, Virginia
does hereby endorse Riverside
,
Health Care's applications to establish a mobile MRI and mobile CT in Isle
of Wight County because of its potential to improve the quality, accessibility, '
and coordination of health care services to residents of Isle of Wight County,
as well as the ability to provide economic benefits to County residents by the
creation of new jobs.
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.
Lyle D. Hornbaker, Information Services Coordinator, advised the
Board that the cost to verify .the County's monument network is
approximately $35,000 to $40,000. He stated the original reason for the
placement of these monuments was for the GIS system, and they are
currently of an accuracy that supports the GIS system, even though they are
not accurate by surveying standards.
Chairman Bradshaw moved the Board direct staff to include this
project.. and expenditure in the CIP process for the upcoming year. 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.
23
:~., ~ ~1?
Supervisor MacManus .moved the Board appoint Chairman Bradshaw
and Vice-Chairman Wright to serve as the Board's representatives in working
with the Regional Committee with the .City of Franklin and Southampton
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.
Mr. Robertson briefed the Board on the recent accomplishments of the
Bicycle Pedestrian Facilities Committee and its subcommittee.
Supervisor MacManus moved to direct Mr. Robertson to continue to
insert the minutes of the Bicycle .Pedestrian Facilities Committee and the
subcommittee in 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 New Business.
County Administrator Caskey notified the Board that the County had
received a 2005 NACo Achievement Award for the County's Benn's Church
Activity Center.
With respect to the request of Grace Keen on behalf of the .Isle of
Wight Citizens Association for the Association to sponsor a Town Meeting
on sludge applications, Supervisor MacManus moved the Board direct staff
to contact Mrs. Keen to advise the direction the Board took tonight with
respect to holding individual public hearings on the permitting process. 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 informed the Board that .the Electoral Board is
beginning to now receive its new voting machines,. which require constant
charging, and the Electoral Board is now looking for a facility to store them.
Supervisor Wright moved the Board direct staff to look into the
concerns of the Electoral Board regarding a place for the storage of the new
voting machines that must be continuously charged. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor MacManus informed the Board that he has been advised
that the poll workers at the YMCA gymnasium polling place have advised
that the facility is hot in the summer and cold in the winter. He stated they
24
~,,, 23 . 31
are requesting that the Board to contact the Town of .Smithfield to consider
their utilizing The Smithfield Center.
1
County Attorney Stroman advised that typically The Smithfield Center
is booked ahead of time, and there is a possibility of a special election to be
called which could create a potential problem.
Supervisor MacManus moved the Board direct .staff to contact the
Electoral Board and the Town of Smithfield to address the issues of
inadequate heat and cooling in the YMCA gymnasium polling place and
provide a recommendation back to the Board. The motion was adopted bx 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
County Attorney Stroman requested a closed .meeting pursuant to
Section 2.2-371 I.A.1 concerning a personnel matter, specifically the salary
of a specified County employee; pursuant to Section 2.2-3711.A.6
concerning the investment of public funds; pursuant to Section 2.2-3711.A.7
concerning legal advice regarding a contract; pursuant to Section 2.2-
371 I.A.7 concerning legal advice with respect to a Conditional Use Permit
submitted by Virginia Timberline; pursuant to Section 2.2-3711.A.7
concerning legal advice pursuant to the "go dark" provision in the County's
Zoning Ordinance; pursuant to Section 2.2-3711.A.7 concerning advice with
respect to the 80,000 square feet footprint issue in the proposed Zoning
Ordinance; pursuant to Section 2.2-371 l.A.l concerning a personnel matter
related to salary; pursuant to Section 2.2-371 1.A.7 concerning legal advice
concerning the biosolids issue; pursuant to Section 2.2-3711.A.7 concerning
legal advice concerning the investment of public funds in connection with
appropriations to the schools; pursuant to Section 2.2-3711.A.1 concerning a
personnel issue regarding performance of a County employee.
Supervisor Wright moved the. Board enter the closed meeting to discuss
the items listed 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.
1
Supervisor Wright moved the Board return to open session. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, .Bradby,
Bradshaw, Clark. and Wright voting in favor of the .motion, and no
Supervisors voting against the motion.
Supervisor Clark moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
25
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,
4
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that,. to the best of each member's knowledge, (i) only. public
business matters lawfully .exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Wright
..
NAYS: 0
ABSENT DURING VOTE:. 0
.ABSENT DURING MEETING: 0
Supervisor Clark moved that the Board approve the COLA of 4% per
year until altered by the Board for the Board of Supervisors'. members and
salary increase for the Chairman and Vice-Chairman consistent with the
County Attorney's maximum allowable amount in the .memorandum,
effective as provided by State law. 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.
/1
Supervisor Clark informed the Board that the Hampton Roads Planning
District Commission MPO approved by a vote of (13-3) to close the gap
between what tolls are needed to do the Third. Crossing, the Mid-town
Tunnel, Southeastern Parkway and Dominion Boulevard, Route 460, I-64 to
Route 199 and I-64 through Bower's Hill at an $8.9 billion dollar cost, of
which tolls leave a $275,000,000 deficit on that amount. He stated in an
.attempt to close the gap, the MPO approved a sales tax increase of .S%; gas
tax increase of $.08; motor vehicle fee increase of $SO per vehicle; motor
vehicle sales use tax of 1 %; and, to use the toll. excess of the Midtown
Tunnel
//
26
~~
Af 10:05 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.
~~
' ~p A. Bradshaw, Chairman
W. Dougl Cas y, Clerk