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07-25-2005 Regular Meeting~ r REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIFTH DAY OF JULY IN THE YEAR TWO THOUSAND AND FIVE 1 PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. // 1 Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. 1 County Attorney Stroman requested that .the following .amendments be made to the agenda: Under Special Presentations/Appearances, add Item (A), Presentation of artwork for dedication to the County, specifically Boykin's Tavern, and move the Blackwater Regional-Library matter to Item (B) under Special Presentations/Appearances; under Transportation, add a .matter regarding the Route .460 Location Study; and, under the County Administrator's Report, add an item pertaining to the request of a loan of County property to the County of Surry. He requested .the following be added under the Closed Meeting, for a total often (10) matters: Legal advice pertaining to a real estate transaction; legal advice regarding issues regarding the Annexation Agreement; acquisition of real property for a public purpose; an economic development matter where no previous announcement has been made; legal advice regarding resolution of a potential litigation matter; potential settlement of two (2) items of actual litigation; acquisition of private. BOPX ~~ . property for a public purpose; a matter pertaining to the acquisition of land and a matter pertaining to the acquisition of utilities; and, one. (1) personnel matter. Supervisor Clark moved that. the Board approve the agenda, as amended. The motion was adopted by a vote of (5-Q) 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 Special Fresentations. Marvin A. Crocker, Jr. and family donated an original oil painting of the "grist mill" adjacent. to Boykin's Tavern in memory of his. mother, Alberta. Gray Crocker, and in honor of Mrs. Emily Edwards. He specifically requested that the picture be hung in Boykin's Tavern with a notation including as many of the notes as possible that his mother wrote on the back of this picture. Supervisor Clark moved that the Board accept the gift of the portrait and instructed staff to place it at an appropriate place in Boykin's Tavern. 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 presentation from the Blackwater Regional Library Participation Review Committee. Anne F. Seward, Assistant County Administrator/Administration, noted that the Executive Summary of the Report addressed numerous issues and concerns expressed relative to the County's participation in the regional library system. She recognized Emma Jean Brady, Ms. Mary Frances Briley, Ms. Sybil Gillespie, Ms. Dorthy Gwaltney, Ms. Melissa .Small, Ms. Liesl DeVary, Mr. Mark Popovich, as well as hgrself, for assisting in the review effort. She stated operational and service areas included contractual concerns affecting the library system; financial and service merits, to include disadvantages in a regional versus a local library system; impact of funding and asset allocation policy; impact of various policies and procedures; adequacy of communication; and, reporting practices of the regional library system. She advised that it is the Committee's recommendation that the County continue its participation with the Blackwater Regional Library due to the following benefits: annual .local savings; increased annual state aid received as a result of being a regional participant; lower operational costs; economies of scale and professional service staff, to include access to arger pools of library materials; and, a wide network of asset sharing for all grants, gifts and donations received throughout the regional system. She stated the Committee further recommends that the County request the Blackwater ~?~f 2 [1 Regional Library explore .the establishment of more consistent contractual terms among all of the jurisdictions in the regional library system; that there be proportionate voting powers among the .member jurisdictions;. that a periodic term for review for all contracts be established; that an annual formula be created that would be utilized for financial purposes for. the regional library system; that a clear delineation of asset ownership be established; that open communications be established for both financial elements and service issues; that certain reports be provided to all local government bodies on an annual basis; that an annual oral report be provided; that guidelines and policies be created surrounding the administration of grants, gifts and endowments; that the protocol and communication policy be amended; and, that there be an opportunity for the public and staff to communicate their concerns and ideas about the operation of the regional library system. Supervisor Wright moved the Board. accept the report entitled "Isle of Wight County -Blackwater .Regional Library Participation Review" dated 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. ~' Supervisor MacManus moved that the Board direct .staff to prepare a resolution. accepting, and showing the Board's endorsement of, the Committee's recommendations for the Board's August 8, 2005 meeting; that the resolution include, and be forwarded on to the Blackwater Regional Library Board for its review and feedback to the Board by October I, 2005, the Board's request for the development of an action plan to implement the recommendations contained in the Isle of Wight County -Blackwater Regional Library Participation Report by January, 2006. 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 noted that the schools have access to the books in .the regional library system; however, the books in the schools are not generally made. available to the public, and he would like for the school administration to consider making these books available to the general public. 1 Supervisor MacManus moved that the Board forward his question to the schools, as to whether the books in the schools can be made available to the general public. 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 3 Chairman Bradshaw indicated the Consent Agenda included the following items: A. Social Services -Emergency Assistance Funding B. Camptown DSD -Long Term Water and Sewer Needs C. Resolution to Accept and Appropriate Litter Prevention and Recycling Grant Program Funds From the Commonwealth of Virginia Department of Environmental Quality D. Bicycle & Pedestrian Facilities Committee E. Meeting Schedule Revision F. Preliminary Subdivision Plat of Pulliam Estates, property of Albert C. Pulliam, Jr., Track Lane (Route 624), Hardy Magisterial District. G. DEQ/Public Notices dated June 27, 2005 and July 11, 2005 H. Planning Commission Action List of June 28, 2005 L Delinquent Real Estate Tax Collection Monthly Report J. June 16, 2005 Regular Meeting Minutes There being no items requested for removal, Supervisor Wright moved that the Board adopt the Consent Agenda, as presented. The motion was f 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 Regional Reports: Supervisor Clark reported that the discussion at .the most recent meeting of the Mayors and Chairs Caucus evolved around transportation and the proposed property tax freeze.. Supervisor Wright advised that Mayor Meyera Oberndorf had 'i requested .letters of support of HRPDC's efforts to retain the Oceana Naval ~~ Air Station in Virginia Beach. County Administrator Caskey advised that the Mayors- and Chairs. Caucus is endorsing a letter of support to go out under the Chairman's signature for the City of Virginia Beach's position on the BRAG issue. 4 ~~,r.~ 2.~ , `?~9 Supervisor Clark moved that the Board direct County Administrator Caskey to draft a letter in support of the HRPDC's efforts to retain the. Oceana Naval Air Station in Virginia Beach. 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 reported that the Hampton Roads Partnership members would be meeting with the .Governor in September, 2005 in Richmond to discuss transportation issues. ~ . Supervisor Wright reported that the Western Tidewater Water. Authority's permit had been approved for 4.2 million gallons per day of withdrawal. Supervisor MacManus reported that the next High Growth Coalition meeting would be on August 14, 2005. 1 County Administrator Caskey reported that a Federal audit of the Western Tidewater Regional Jail facility is currently underway fo determine if the .rate being charged for housing Federal prisoners is .appropriate. He stated that the indication is that the rate will be going down significantly, which will result in the. Jail realizing less revenue in the coming years for housing Federal prisoners. Chairman Bradshaw reported. that. International Paper (IP) recently underwent a restructuring, and intends to sell all real estate and timber holdings in the County. He noted that significant changes in ownership of the property are anticipated. He stated that the paper mill, based on initial reports, does not appear to be in jeopardy of being spun off from the corporation, but IP .will be significantly downsizing. He stated that the Franklin milt would remain in place for the time being; however, the sawmill is questionable. He advised that he and Mr. Small would be meeting with IP executives in the near future. He noted at this time, the effect on the County's tax .base is unknown; however, IP's restructuring could have a significant impact. // Chairman Bradshaw called for Transportation Matters. Sandon Rogers, .Transportation Planner, advised that with respect to the list contained in the agenda referencing VDOT responses to action items from various Board meetings through. July 7, 2005,. the VDOT Resident Engineer and Assistant Resident Engineer were present to address any questions the Board might have. 5 9Unr 213 ~ ~F.`t~ Chairman Bradshaw thanked Mr. Neblett and Mr. Lomax for their recent .efforts in moving. projects forward. He noted there has been significant progress in this area although funding and staff has been cut back ' at the state level. • Supervisor Wright inquired about the status of the emergency lights in Windsor. Mr. Rogers replied that the .Board should anticipate receiving a letter notifying them of a meeting that will be set in the near future to discuss what the best option is in terms of signs to be utilized in the Town of Windsor. Teresa Johnson of Sugar Hill Road reported that traffic backups at the stoplight in Bartlett at the detour from the Kings Highway Bridge towards the Town of Smithfield have been relieved as a result of the light being extended. She requested necessary action be taken to have the dip in Sugar Hill Road repaired .that has occurred as a result of builders crossing Sugar Hill Road to install water and sewer lines. She further requested that VDOT install a "Caution Detour Ahead" sign before the intersection at Bartlett. Supervisor Clark moved the Board direct staff to coordinate with VDOT on the issues raised by Ms. Johnson. 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. Pete .Green of Mill Creek Drive requested that the new alignment of Route 460 be relocated 2,000 feet south of its existing- path to avoid directly impacting twenty-one (2l) homes located on Mill Creek Drive. He stated VDOT is expected to present its proposal on the exact routes to the Highway Commission in Richmond sometime in the Fall. He specifically requested that the Board correspond with VDOT and request that its meeting scheduled for the Fall be delayed to allow him additional time to present his recommended .alternative to the Board and VDOT. He stated that he is currently attempting to obtain an aerial. photograph of the proposed route. Chairman Bradshaw moved that the Board direct staff to obtain a copy of the. aerial photographs from VDOT that were presented at the public hearing of the proposed alignment of Route 460, .and provide a copy to Mr. Green. 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. Jonathan Hartley, Director of Planning and Zoning, referred to a Board Report faxed and emailed to the Board prior to the meeting entitled "Hybrid Alternatives to the Candidate Build Alternatives for. the Route 460 Location Study." He advised that staff had recently attended a meeting that included the counties of Prince George, Sussex and Southampton, and. representatives 6 1 1 1 J!1r,t ~~ ~V l 1 of the Towns of Smithfield and Windsor, at which time a hybrid route for the Route 460 corridor was discussed. He advised that a letter has been drafted that indicates that the County is still in favor of the southern corridor (CBA 1), but also recognizes that the counties. of Prince George, Sussex and Southampton, which are west of the County, may also have an interest in shifting the corridor to the. north. He stated the County's main interest in CBA 1 is to go south of Windsor to serve the industrial area, but the letter also emphasizes an interest in an interchange at .the Shirley T. Holland Commerce Park. Chairman Bradshaw requested that the letter be revised to communicate that the Board has concerns with the alignment as it was presented at the public hearing with respect to the Barrett Town Road/Nlill Creek Road intersection, and that the route should run further south in order to avoid impacting the residential homes that are located in that vicinity. He stated the letter. should also advise that the Board has a concern with the interchange at the industrial park. 1 Supervisor MacManus moved the Board approve the letter as discussed. in its amended form to incorporate Mr. Green's request to move the route 2,000 feet in order not to directly impact twenty-one (21) homes along Mill Creek Drive at the Barrett Town Road .intersection, and to ensure that the CBA-1 alignment had an intersection at the Shirley T. Holland Commerce Park. For the purpose of clarity, staff is to break down into bullets in the letter the adjustments the -Board wishes to see on CBA- L The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; Supervisor Clark absent for the vote; and, no Supervisors voting against the motion. // Chairman Bradshaw called for Citizen's Comments. 1 Herb DeGroft of Mill Swamp Road addressed the Board with respect to a $78.7 million budget of which 16% of the population receives 66% of the budget. He noted 19.5% of the population are senior citizens, who receive only 13% of the budget. He stated the budget, when broken down, represents $10,200 per student; however, only $1,000 per senior citizen. He noted that the school administration has not yet.. implemented some of the recommendations made from an efficiency study performed in 2001, yet another efficiency study by the State is anticipated. He recommended that the Board of Supervisors. meet jointly with the School Board on a regular basis to discuss implementation of joint efforts with. the County.- He stated that the needs of senior citizens are increasing, and he advised that he has scheduled meetings to inform senior citizens about the changes occurring with Medicare. r // 7 en~~ ?'3. `~62 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 'cote 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 Archer L. Jones, II, Trustees for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002 (B)(2)(a) to allow encroachment of 28 feet into the 100 foot Resource Protection Area Buffer for the construction of asingle-family residence. The property, containing 1.10 acres of land, is known as Lot 17 Ashby Way West, Phase 1 A of Ashby Subdivision, Carrollton, in the Newport Election District. Mr. Hartley certified that the encroachment requesting twenty-eight (28) feet into the 100 foot RPA was duly advertised. He noted that staff had incorrectly indicated in the Board Report that an encroachment of forty-seven (47) feet is being requested. He recommended that a condition be placed by the Board before. approval that would reference the plat surveyed by Art Ray for Thomas C. Buck with a revised date of April 11, 2005. Chairman Bradshaw called for persons- to speak in favor of, or in opposition to, the application. Attorney Riddick, representing the applicants, stated the 1989 lot does not have sufficient .room to build a home without an encroachment into the RPA. He stated that his client has done all that was asked of him, including the redesign of the proposed footprint. He stated the Planning Commission recommended unanimous approval to the Board. Chairman Bradshaw closed the public hearing and called for comments from the Board. .Supervisor Clark moved the Board approve the application of Archer L. Jones, II with the condition that the encroachment oftwenty-eight. (28) feet be developed pursuant to the plat that was surveyed by Art Ray for Thomas C. Buck with the revised date of April 11, 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. Chairman Bradshaw called for a public. hearing on the following: .. 8 a0~w 2~ ~' •3~t) 1 The application of Cecil S. and Carol G. Rhodes for a change in zoning classification .from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of 3.572 acres of land located on , the west side of Quaker Road (Route 654), north of Sandy Ridge Drive (Route 601, in the Windsor Election District. The purpose of the application is for two (2) single-family residential lots, as conditioned. Chairman Bradshaw called for persons to speak in favor. of, or in opposition to, the proposed application. Cecil Rhodes of 19583 Quaker Road in Windsor requested the Board's favorable approval of his application. He stated that all requirements have been met; he has exceeded what is required with respect to buffers; no agricultural land is being used; and, an existing entrance to the highway is being used. He stated that over one (1) acre of the farmland that these lots are being created from has been dedicated for road improvements, and that he has offered cash proffers in the amount of $9,200 per lot. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board approve the application of Cecil S. and Carol G. Rhodes, as .conditioned. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion,. and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of JLB, LLC for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential {C-RR) of 102.481 acres of land located on the west and east sides of Bowling Green Road (Route 644) near its intersection with. Orbit Road (Route 637), in the Windsor Election District. .The purpose of the application. is for seven (7) residential lots, as conditioned, fronting Orbit Road and Bowling Green Road. Chairman .Bradshaw called for .persons to speak in favor of, or in opposition to, the proposed application. Brian Babb of 11365 Central Hill Road. advised that his family has decided to sell some of their non-production land in order to be in a position later to purchase additional farmland when it becomes available. He .stated his family has proffered $1.1,189 for all seven (7) lots, and that none of these lots would be subdivided through family-member transfers in the future. Holly Leman of Bowling Green Road advised that the roadway is not in sufficient shape to handle additional traffic, and that there would be 9 increased trash alongside the roadway. She stated her biggest concern is what will happen to the acreage that goes along with the. farm in the future... Chairman Bradshavd closed the public hearing and called for comments from the .Board. Supervisor MacManus thanked the applicant for offering to pay full cash proffers, which will help to offset the cost of adequate public facilities. Chairman Bradshaw requested Mr. Hartley to address the issue of traffic. . Mr. Hartley advised that each new residence equates to ten (10) trips per day, for an additional seventy (70) trips per day. He stated the most current road trips, which date back to 1999, show 200 trips per day, as opposed to Longview Drive which currently handles 1,400 trips per day. Supervisor Clark inquired if there was any restriction on family member transfers on the residual parcel. Mr. Hartley replied only on the parcels that are proposed for rezoning. Chairman Bradshaw noted that when the Board limits family member transfers, it also limits future generation farmers .from .building on their farms. He stated it is the responsibility of the Planning and Zoning staff to monitor and ensure that family member transfers are legitimate. Mr. Hartley stated the Subdivision Ordinance, currently under revision, states that family. member transfers .are exempt as long as they are not an attempt to circumvent the Ordinance. He advised that property sold for residential purposes outside of the family must be rezoned. He advised. that there have been a number of instances where residents have tried to transfer in advance. of the three (3) year period, and the applicants have had to come. before the Board to rezone their property.. He agreed that if a property owner builds on a lot before the land is transferred, it is out of his office's tracking .system. Whenever staff is aware there is an intentional violation of the intent to subdivide, appropriate action is taken to require that the lot be rezoned. He stated staff has been successful in the past with catching some of the people who are attempting to circumvent the Ordinance. Supervisor Wright moved the Board approve. the application of JLB, LLC, as conditioned. The motion was adopted by a vote of (4-1) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in' favor of the , motion, and Supervisor Clark voting against the motion. Chairman Bradshaw called for a public hearing on the following: Ordinance to Regulate the Application of Biosolids 1 10 ,, County Attorney Stroman presented a proposed ordinance pursuant to the Board's discussion at its July 7, 2005 meeting,.which was also within the limits. of the authority available to the Board. He advised that a Section 14- 88.B has been created which requires indemnity of the owner from any claims arising from the application of biosolids for a period of not less than three (3) years. He certified for the record that the public hearing had been • duly advertised. Chairman Bradshaw called for persons to speak in favor of, or in opposition to, the proposed ordinance. Sadie Boyer stated the language "exceptional quality biosolids" in Section 1479 is unnecessary because the County can not be assured that biosolids that are received are "exceptional." She inquired if the County is prohibited-from testing pollutants for, which the state or federal governments do not give reimbursement, and could the County choose to test for any pollutant it wishes to, recognizing that the cost would not be paid by some regulatory agency, and that either the County or the person requesting, would be responsible for the cost of testing? She recommended that if a pollutant is found through testing, the County should expect some type of reimbursement. She recommended that some type of liability clause be inserted. She recommended on Page 2, Land Applier, it may not be necessary to include language referencing a "valid" permit. She inquired if the County would be protected if it included the language "pursuant to a permit"? She recommended two (2) commas be inserted on Page. 3(C), one. { 1) after "sludge" and the other after "quality." She stated with respect to the Virginia Department of Health or the Department of Environmental Quality, is it one (1) agency or the other, or are there times when regulations are considered by both agencies? On Page 3(D), she inquired if the word "valid" is necessary, and asked if it should be "andlor" or some other language? She noted that the language "in compliance with all applicable federal and state statutes and regulations, and in accordance with the provisions of the article" is unclear,. and recommended "that is in compliance" be inserted. Under Section 1483, she recommended "always" replace. "may" in the. statement beginning with the "the Board of Supervisors." County Attorney Stroman advised Ms. Boyer that her time to speak had expired. Chairman Bradshaw called for 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 Supervisorsvoting against the motion. 11 ~ ' AA~~K :: ±T ~~~ County Attorney Stroman stated that he had spoken with Ms. Boyer ~ during the break, but that her remaining comments were more than could be discussed during the short recess. He offered to meet with Ms. Boyer and provide a report back to the Board. He advised that there would not be any disadvantage to tabling the matter should the Board feel that the additional time to work through some of the comments made tonight. is worthwhile. He stated if the matter was placed on the Board's agenda for its August 8, 2005 meeting, the Board would still have time to enact the Ordinance prior to the issuance of any currently pending permits. Delegate Barlow stated that the. state statute is in need of revision, and he offered to address this issue for the County during the upcoming session of the General Assembly. Noting that the key issue is whether or not the sewage sludge is safe, he recommended introducing legislation that would include the opinions of a nationwide commission of experts, as well as the introduction of legislation that would provide the County with more authority on a local basis than the state law currently allows. George Hart of the Newport District recommended the language "protecting the natural resources" be added under Section. 1479. Under Section 1482(C), he recommended "authorized" replace "approved." Under Section 1485 (A), (B), and (C), he recommended inserting "immediate" in front of "notification". Under Section 1486, he recommended no application during fhe delivery of school-age children along the affected area. Charles Nikerk of Three Drivers Lane recommended that a "bill of lading" be required showing the chemical composition of the shipment. ~~, Albert Burckard of Titus Point Lane echoed the comments of Delegate i !, Barlow. Steve Adams of Hampton, representing the Cypress Creek development and the Cypress Creek Homeowners Association, .referenced Section 14-89, .:and inquired to whom it will be submitted, and who would be writing the check? He requested language be included explaining the proper process for the spreading of biosolids. He inquired if applying biosolids in an area adjacent to a residential development would be an improper spreading? He encouraged the Board to request more authority from the state legislature, and that the Board recommend denial of Mr. Saunder's permit. Sharon Hart of the Newport District advised that the Isle of Wight Citizens Association had requested Delegate Barlow to investigate whether or not Language could be included on property deeds where biosolids had been applied to disclose to a new owner, before the property is sold, that biosolids had been applied. She suggested that this information also be included in the County's ordinance. ~~, 12 Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 Supervisor MacManus requested the County Attorney advise the Board r how a landowner's land will be controlled for at least thirty (30) days, per Section 14.83., Land Application, as cited under Recyc System's,. Inc. application, and what signage will be displayed to warn that there has been land application of biosolids. He stated Recyc System, Inc. requires landowners to sign an agreement that states Recyc System's, Inc. concern with respect to the impact biosolids can have on the feeding of livestock and the foliage that. could be used for the feeding of livestock. He inquired if tre County could make this part of its Ordinance in order to ensure the safety of the community? County Attorney Stroman offered to research, and report back to the Board, whether or not. language could be included in the Ordinance that enforces a landowner's agreement. Supervisor Bradby inquired who would be .responsible for the monitoring efforts? County Attorney Stroman replied that the County would designate a person to do the monitoring. Supervisor Clark moved the Board table the matter until the Board's August 8, 2005 meeting so that the Board can take into consideration all comments, including those of Ms. Boyer; Mr. and Mrs. Hart; Mr. Nikerk and Mr. Adams; direct the County Attorney to research .and report back to the Board if .the County can enforce the landowners agreement, and. consider issues with respect to access to the land and signage, who will be responsible for monitoring, and what avenues does the County have with respect to the .monitoring, specifically. who can and who can not per the Code of 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. Chairman Bradshaw called fora public hearing on the following: Land Application of Biosolids by Recyc Systems, Inc. County Attorney Stroman noted that the purpose of the public hearing is to receive comments from the public on the land application of biosolids to the Virginia Department of Health by Recyc Systems, Inc. He advised that the Board could make recommendations to the state agency, but that it is the state agency that .decides whether or not to grant the permit, and any associated conditions that might be imposed. He advised that the County has requested, and the state has agreed to extend, the comment period. to August 90011 23 ZC'Q 28, 2005, so .there is additional .time for the Board and citizens to offer comments. Jonathan W. Hartley, Director of Planning and Zoning, made reference to two (2) items that were placed in front of the Board. that were received by mail recently. He advised that he and. Ms. Morris had made site visits to the properties, with a significant .amount of time being dedicated to the Saunders property, which .adjoins Cypress Creek. He referred to a map for the Board's use that was prepared pursuant to its request. Chairman Bradshaw opened the floor for comments on the .Barlow Brothers northern site application. Curtis Peterson of Rescue advised that he had previously used sewage sludge on his farm in north Florida, and. that increased- yields were received as aresult for six (6) years before he moved off the farm and could no longer track the results. He advised- that his and two (2) other families lived within 100 yards of the field, and that the horror stories about contamination, strong odors and negative health effects, are all contrary to his own experience. He advised that he had contacted the Virginia Department of Health and was advised that the chloroform bacteria content of the applied biosolids were lower than that at the lake at Cypress Creek and on many of the shopping carts found at local supermarkets. He noted that he had contacted Recyc :Systems, Inc. and requested an analysis of its product, which reflected a very. low level of contamination.. He stated that the application of biosolids in the County would take place in the Fall, at a time when activities are minimized, and when low temperatures will inhibit any odors that may be released. He stated biosolids would be applied, at the most, every four (4) years, and that the soil would be monitored during that time. He stated recycling of waste materials is a national priority, and human waste is a material that is threatening to become a national problem, unless recycled. He stated that the principal material of concern of which biosolids is composed is produced in quantity by County residents, and is treated in septic tanks in homes throughout the County. He stated it is processed by bacteria, and in liquid form enters the County's soils and flows untested and. unregulated into the lakes, streams, and the Chesapeake Bay with few public health issues. He pointed out that .people also have a tendency to plant their gardens over the most fertile portion of their yard, which tends to be over .the septic tank and drainfield. He recommended that the applicants be given permission to apply the. biosolids. Al Corvino of Cypress Creek read a letter into the record written by Dr. Jeffrey D. Forman, MD, FCCP, dated July 21, 2005, expressing his concern with biosolids being applied to County farmlands. He read that Dr. Forman had reviewed literature on biosolids waste management disposal, and found it to be conflicting. He stated there seems to be a persistent concern that. these biosolids are unsafe as they carr,~ toxins, irritants, and microorganisms that may be harmful to humans, domestic animals and wildlife. He stated this I4 ~? ~'~F~ 1 D material could cause injury through direct exposure or indirect exposure via run-off into our waterways, well water, or nonrecipient lands. He stated that ingested material may be carried through the food chain, causing a secondary type of injury, .and these exposures could result in infections, inflammatory conditions, and cancer. He stated a concern for him as a lung doctor would be the possibility of biosolids becoming aerosolized, which could cause respiratory infections and exacerbate or cause asthma and chronic bronchitis. He inquired how the County could be sure that an individual load would not contain a toxin? He questioned how often the product would be tested, and asked if follow-up testing would be provided once the material is dumped? He recommended that. the Board thoroughly research the issue, and that an assignment of responsibility and liability should be made in cash health problems develop in the future. Dennis Torrence. of 3575 South Shore Drive in Smithfield advised that his family owns a home in Rushmere Shores where they spend weekends, and a 1 SO acre farm in Appomattox County, which received its first sewage biosolids in the summer of 2002. He advised that he is a diary farmer and an agriculture teacher, and over the years has served on the Appomattox County Board of Supervisors, the Robert E. Lee Soil and Conservation District Board, and the Central Virginia Planning Commission. He expressed his concern about the ever-increasing pollution of Virginia's rivers and the Chesapeake Bay, and stated that interstate biosolids are currently spread on approximately 40,000. acres throughout Virginia. He pointed out that the federal government stopped the dumping of the same sludge. into the Atlantic Ocean in 1992 due to the identical problems and concerns being expressed , today. He stated, as a result, the Washington, D.C. and. New York metropolitan areas had to landfill their sludge at a considerable cost, and over the last several years, these municipal governments have found a place in rural .Virginia to dump their sludge, peddled as free biosolids fertilizer for .farmland. He stated as a farmer, he chose not to use this product because he has always been skeptical of anything free. He pointed out that sludge. is not allowed on federal and state controlled farmland, nor is it used. on Virginia Tech's experimental farm. He stated that a waiting period. of 365 days is required for growing vegetable crops; 65 days for grazing dairy cattle; and, 30 days for beef cattle; however, there is no waiting period for commercial fertilizer, or farm animal waste. He stated that he was also concerned with the monetary value of his property. He stated based on four (4) years of experience in Appomattox County, while it was true that human sewage industrial biosolids did make the grass and corn grow; it did save the farmers money on their fertilizer bill; it did save the citizens in the District of Columbia and New York a considerable amount on their tax bills; and, it did make a lot of money for the sludge spreading companies: It also lowered property values; increased the health risk for neighbors; added to the pollution of the state's rivers, streams and Chesapeake Bay; lowered the quality of life for those who live close to the land that was being spread; and,. did make Appomattox County a less. desirable place to live. He left a copy of a letter to the editor from a woman in Appomattox County who lives across IS from a 400-acre tract of land that was spread with biosolids for the Board to .read. Grace .Keen of Benn's Church. Boulevard inquired how many of the elderly and .handicapped residents of the County would. be affected by the odor or environmental changes from the biosolids operation? She stated a recent survey was conducted concerning the health of 3,638 individuals over the age of 65 that live in-the County. She stated hot conditions affect 1,104 of these seniors, and asthma and bronchitis affect 460. $he stated. just the odor alone from this type of operation could trigger an asthma attack. She stated anyone suffering from asthma or a heart condition could be affected by the spreading of these biosolids.. She stated the Commission on Aging and the Isle of Wight Citizens Association would like the Board's permission to conduct a survey of the area to determine how many elderly, handicapped and others .residing in the County have health problems that could be affected by the spreading of biosolids. She requested that the Board let her know about the possibility of conducting such a survey as soon as possible. ..i. Pat Clark of Twin Hill Lane stated the Senior Services of Southeastern Virginia recently did a study on the needs of County senior citizens, and.what could be done to help them. He stated that while he .admires. and respects farmers, he has heard the opinions of two (2) different biosolids experts, and received conflicting information from -each. He stated that he has viewed the tapes sent to the County from northern Virginia. from residents who lived adjacent to where biosolids had been spread, and the elderly were having asthma and. other medical problems that they had never experienced before. He recommended that the Board further study the matter with respect to its safety,. and to proceed with caution as the health and well-being of the County's seniors are dependent on it. Steve Adams of Hampton, representing Cypress Creek Home Owners. Association, stated that the Department of Health had released a form to register items classified as dangerous to be around when biosolids are being distributed, and he had advised that Cypress Creek has five (5) of the six (6) concerns identified in the survey. He stated that the application of biosolids is not supported around schools, hospitals or densely populated areas. He recommended. that the Board recommend denial of Mr. Saunder's application. to the Virginia Department of Health. Chairman. Bradshaw closed the public hearing and called for comments. from the Board. .Supervisor MacManus inquired about the proximity of the closest home. Rachel M. Morris, Rural Economic Development Manager, noted that while one home is located across the road on Purvis Lane, the area is very isolated. 16 Mr. Hartley advised the Board that notices of the public hearing had. been sent to all adjoining property owners. Supervisor Bradby stated that while there are many unanswered questions about the application of biosolids, this site would appear to be an ideal site. Supervisor Clark noted that he is in favor of recommending approval of the application to the Virginia Department of Health because this site is so remote; however, he could not support the other four (4) applications. Supervisor Clark moved, and later withdrew his motion, that the Board recommend to the Virginia Department of Health approval of the application. Supervisor MacManus noted he would rather advise the Virginia Department of Health that the Board is neutral on this application. Chairman Bradshaw stated he prefers that the Board send no comments on this application to the Virginia Department of Health. The Board decided to take no action on the Barlow Brothers site north application and offered no comments to the Virginia Department of Health. With respect to the Barlow Brothers site south application, Mr. Hartley advised that there are a number of homes located along Scotts Factory Road, but once you go north into the Barlow property, there are no adjacent residences until you reach the very northern tip. Supervisor Clark stated that he is not supportive of any biosolids applications on properties that are located near a residence or main thoroughfare.. He stated the sludge has not been proven to be safe, the state only has two (2) inspectors to -cover the entire state, -and the Environmental Protection Agency does not inspect the material at all. He stated he does not have a problem with farm waste, but he does have a problem with- what goes down a toilet. Supervisor MacManus stated this was not an appropriate site because of the waters- surrounding the .property, and the close vicinity of the homes and the school to the site. 1 Supervisor Wright stated there are conflicting views on the safety of biosolids, and the only stories heard are from the. people who were affected. He stated nothing is heard about the employees who handle the waste every day, and he is concerned that people will begin to place the blame on biosolids whenever they become ill. He stated he would like further scientific proof that the material is safe. 17 ~, ~~ 23 .37? Chairman Bradshaw stated because there are so many :unknowns, he would prefer not to comment on the Barlow Brothers site south application. He stated that he is not in favor of sending. comments of denial to the Virginia Department of Health. Mr. Hartley noted that the Board would have to visit the site to understand how. isolated and .remote it really is. He stated that while this site geographically has a lot of development around it, it is fairly isolated. Supervisor Clark noted that the material would be airborne, though, and would travel across the roadway. Supervisor Clark moved to recommend to the Virginia Department of Health denial of the permit for the Barlow Brothers Site South: The motion was adopted by a vote of (3-2) with Supervisors MacManus, Bradby and Clark voting in favor of the motion, and Supervisors Wright and Bradshaw voting against the motion. With respect to the Owens site application, Mr. Hartley noted the surrounding area consisted primarily of pasture land, but approximately twelve (12) homes would be affected across the street. Supervisor MacManus stated he could .not support the application because of the location of the nearby twelve (12) homes. o~ .i Chairman Bradshaw stated he would not like to offer any comments. to the Virginia Department of Health on this application. Supervisor MacManus .moved the Board recommend to the Virginia Department of Health denial of the permit for the Owens site. The motion was adopted by a vote of (3-2) with Supervisors MacManus, Bradby and Clark voting in favor of the motion, and Supervisors Wright and Bradshaw. voting against the motion. With respect to the Saunders site, Mr. Hartley stated this site adjoins the Cypress Creek development. He stated it does not appear Ghat -the drainage from the Saunder's property migrates onto the Cypress Creek property. Supervisor MacManus moved the Board recommend to the Virginia Department of Health denial of the permit for the Saunders site. 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. With respect to the Stallings site, Mr. Hartley advised that the property leads to a creek where new homes will be built, although the biosolids will be spread in the fields in the front. 18 ~~-~- 2~ -,:: 37~ Chairman Bradshaw stated that he did not have a problem with this application as it is Igcated in the agricultural and forestal area of the County. , He stated that he would prefer not to comment. Supervisor MacManus moved the Board recommend to the Virginia Department of Health denial of the permit. for the Stallings site.. The motion was adopted by a vote of (3-2) with Supervisors MacManus, Bradby and Clark voting in favor of the motion, and Supervisors Bradshaw and Wright voting against the motion. Chairman Bradshaw moved that when comments are sent to the State, the actual vote of the Board be presented. The motion was adopted by a vote of (3-2) with Supervisors Bradby, Bradshaw and Wright in favor of the motion, and Supervisors MacManus and Clark voting against the motion. Chairman Bradshaw called for a public hearing. on the following: Ordinance Amendment to Regulate Grass-Cutting on Residential Property 1 County Attorney Stroman advised that the public hearing had been duly advertised. He thanked Delegate Barlow for assisting the County in obtaining the legislative authority to have overgrown grass cut. He distributed an amended Ordinance, pursuant to the Board's previous discussion, that includes language pertaining to a three (3) day violation. He stated the Board may wish to discuss whether it desires to have this three (3) day violation apply to both types of grass cutting. Chairman Bradshaw called for persons to speak in favor of, or in opposition to the proposed Ordinance. Dwight Doggett of 12452 Red House Road spoke in opposition.: He stated many individuals -have been moving into the County from across the James River Bridge because they like. the rural setting, and they like to watch the farmers working in the. fields and see the crops. He stated after living here for awhile though, some of these individuals discover that rural living is not quite what they thought it should be. He stated he would not be opposing this Ordinance if the area. under discussion was downtown .Smithfield, but there is a great deal of difference .between downtown Smithfield and the surrounding rural areas of the County. He stated tall grasses are habitats for wildlife, and he encouraged the Board not to adopt the Ordinance. Sharon Hart of the Newport District inquired if the Ordinance applied to properties consisting of five (5) acres. that are zoned RAC, or only in residential developments? She stated she did not agree that properties consisting of five (5} acres or more should have to cut their grass to twelve (12) inches. She stated grass grows too quickly. in the summer, and residents 19 80~K 23. .`??4 with large tracts are not .able to keep up with the maintenance. She recommended that the height of the grass be allowed to grow eighteen (18) • inches versus twelve (12) inches. Chuck Paul of 24313 Bay Farms Road inquired if the Ordinance applies to his five (5) acre tract of land that is zoned Agricultural Limited. He stated the Codes Enforcer is already overworked, and enforcing this would only add to his workload. He stated that he was cited for violating the garbage provision of the Ordinance because his son is working on a car. He stated it makes him very nervous when he receives a violation letter from the County, and he would recommend that the County Have a person on staff for people to discuss their individual concerns. He stated that he has sent. the County a letter that he is not in violation of the Ordinance, and he is awaiting a response. He stated he can not afford to go to court, and he is fearful that the County might be able to take his property from him. County Attorney Stroman advised that .the Ordinance pertains to property that is zoned residential, not agricultural.. He stated with respect to the amount of property, the Ordinance applies to parcels of up to 1/2 acre in size, and it would not apply to five (5) acre tracts of land. He stated with respect to Mr. Paul's comments, the first communication a citizen would get from the County is not a letter, but an invitation to have a discussion with the .Codes Compliance Officer. He stated the County will not be taking anyone's property, and the worst case scenario would be that the County would have the option of cutting the grass and billing the owner for the cost to cut it. He explained if an owner did not pay the cost to cut the grass, the County would put a lien on the property, and when it was sold, the lien would be paid. .I 1 Supervisor Clark stated the Ordinance's regulations are designed to protect. the property values and help with. safety issues in subdivisions. He stated the ordinance is currently law in many jurisdictions in the State of Virginia, but this Board is just now getting around to considering it. Supervisor Clark moved the Board adopt the following Ordinance, as amended to include language pertaining to a three (3) day violation. period and that the Ordinance apply to both types of grass cutting: AN ORDINANCE TO AMEND CHAPTER 8. GARBAGE, WEEDS AND LITTER, ARTICLE III. CONDITION OF PREMISES WHEREAS, the Virginia General Assembly has amended Section .15.2-1215 of the Code of Virginia (1950), as amended; and WHEREAS, in order to comply with the new requirements set forth in Section 15.2-121 S of the Code of Virginia (1950), as amended, the Board of Supervisors .deems it appropriate to amend the Isle of Wight County Code. 20 80~n 2`~ ...: `~75 NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 8. Garbage, Weeds and Litter, Article III. Condition of Premises be amended as follows: Article III. Condition of Premises Sec. 8-14. Maintenance Generally. (c) All owners of occupied residential real property located in the. county shall cut the grass, weeds and other foreign growth on such property when such growth. exceeds twelve (12) inches in height, all in accordance with Section. 15.2-1215 of the Code of Virginia (1950}, as amended. Sec. 8-15. Removal of refuse, weeds, etc., by county - Generally (c) Whenever the owner of occupied residential real property. located in the county fails to cut the grass, weeds and other foreign growth, the county, after reasonable notice, may have such grass, weeds or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected. 1 Sec. $-15.1.Penalties. (a) Violations of subsections (a) and (b) in Sections 8-14 and 8-15, respectively, shall result in the following civil penalties: (i) Fifty Dollars ($50) for the first offense; and (ii) Two Hundred Dollars ($200) for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first offense. Every three day period during which the same violation is found to have existed shall constitute a separate offense. In the event three civil penalties. have previously been imposed on the same defendant .for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, such violations shall be a Class 3 misdemeanor. (b) Violations of subsection (c) in Sections 8-14 and 8-15, respectively, shall be punishable by a civil penalty of One Hundred Dollars ($100). Every three day .period during which the same violation is found to have existed shall constitute a separate offense. 1 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. 21 aa~a 23...-'7 ~~ // Supervisor MacManus moved that the Board return to the regular order. of the agenda. The motion "was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting. against the motion. Chairman Bradshaw called for 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. /~ e. Chairman Bradshaw called for the County Attorney's report. ~ County Attorney Stroman stated that the Board has already .considered the first two (2) issues under his report, .and the remainder of his items would be discussed with the Board later during the closed meeting. /! Chairman Bradshaw called for the Community Development Report. Mr. Hartley presented the request of Sheriff Phelps to temporarily occupy the modular unit, formerly occupied by the Information Technology Department (IT), located between the Registrars Office Building and the. Social Services Building at the Courthouse Complex in the Courthouse Historic District for an additional ten (10) year period. He .stated that the Historical Architectural Review Committee had met on July.6, 2005, and had voted unanimously to recommend approval to the Board for a period of ten. (10) years with the condition that the unit be routinely maintained in an effort to uphold the integrity and historic character of the Courthouse Complex. Supervisor MacManus noted that the trailer is an eyesore and is in need of landscaping. He recommended .bushes around the trailer, and concrete stairs. Chairman Bradshaw moved the Board approve the request with a time limitation of ten (IO) years, until December 10, 2015, with the condition that the unit be routinely maintained in an effort to uphold the integrity and historic character of the Courthouse Complex, and that appropriate landscaping be accomplished to include concrete stairs and bushes to hide the trailer. 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. 22 opnM 23 .. .?7? Beverly H. Walkup, Assistant Director of Planning and Zoning, presented a request of W. C. Sawyer for exemptions to the Highway Corridor Overlay District to allow work doors to face the highway and a building with a long monotonous facade for Sawco Self Storage Expansion,. Mini .Warehouse, Carrollton Boulevard (Route 17), Newport Magisterial District. She stated that the Planning Commission has addressed the concerns of the Board by applying- conditions to the recommended approval, and that the site plan would be coming back to the Board for consideration following this request for exemption. Supervisor MacManus stated that the one (1) foot berm was not adequate, and he suggested stone or some type of decorative fencing be installed. Supervisor MacManus moved the Board approve the request of W. C. Sawyer. 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 Parks and Recreation Report. 1 1 Alan S. Nogiec, Director of Parks and Recreation, stated-pursuant to the Board's direction for- staff to proceed with the bid process for the installation of an identification sign for the Central County Park and Fairgrounds sign, he would recommend that the Board approve the bid in the amount of $36,452. Chairman Bradshaw turned the meeting over to Vice-Chairman Wright noting a personal involvement with one (1) of the issues pertaining to the matter. Supervisor MacManus moved that the Board accept the bid. The motion was adopted by a vote of (4-0-1) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; Supervisor Bradshaw abstaining from voting; and, no Supervisors voting against .the motion. Mr. Nogiec introduced the issue of a name for the Central County Park and Fairgrounds. .Chairman Bradshaw excused himself noting a potential conflict of interest. Mr. Nogiec stated pursuant to the Board's previous direction, staff had created a competition coordinated through .the Employee Relations 23 go~a 23 . ~'?7 Committee representatives from each department, as well as solicited recommendations from .the Historical Society. He stated the Historical Society's suggestion. was to name the park the Isle of Wight County Heritage Park, and staff s recommendation was to name the property the Isle of Wight County Fairgrounds until such time as the .park development becomes more prominent. He stated there would be components within the fairgrounds property that could be named after Joel C. Bradshaw, Jr. Supervisor MacManus suggested the park be named the Isle of Wight County Heritage Park and that the fairgrounds be .named after Joel C. Bradshaw. He stated that. both Joel C. Bradshaw, Sr. and Joel C. Bradshaw, Jr. had played a significant part in establishing the Fair. Supervisor MaeManus moved that the facility be called the. Joel C. Bradshaw Fairgrounds at the Isle of Wight County .Heritage Park. The motion was adopted by a vote of (4-0-1) with Supervisors MacManus, Bradby, Clark and. Wright voting in favor of the motion;. Supervisor Bradshaw abstaining from voting;. and, no Supervisors voting against the motion. // Chairman Bradshaw called for the Public Utilities report Columbus Grant, III, Director of Public Utilities, addressed the issue of a permanent pump and haul septic permit for Chuckamuck's Restaurant. He stated that .the owner is desirous of rebuilding the former Chuckamuck's Restaurant that burned down several years ago in Rescue. He stated in order to operate the restaurant now, the owner must pump his waste. He stated the County has a permanent pump and haul, permit, under which Chuckamuck's Restaurant can operate, and .it was staff's recommendation that a permanent pump and haul agreement be drafted with Chuckamuck's Restaurant, pursuant to the conditions. noted in the Board Report. Supervisor Clark moved that the Board authorize staff to draft a permanent pump and haul arrangement for Chuckamuck's Restaurant, pursuant to the following conditions: 1: The owner will be required to provide a bond in a form acceptable to the County Attorney in an amount to protect the County from all potential liability as a result of the County's agreement to add the owner to the County's permanent pump and haul permit; 2. A .grease interceptor will be required in accordance with County regulations; 24 3. Ahigh-level alarm system satisfactory to the County will be required to be installed at the owner's expense; 1 4. The owner must contract sewer disposal with a private sewer ' disposal company; and, 5. The County reserves the right to withdraw its sponsorship of the owner's permanent pump and haul permit if, in the County's. sole discretion, it is advisable to do so. 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 the Emergency Management report. Richard O. Childress, Director of Emergency Management, presented a request for an .engine purchase from the Windsor Volunteer Fire Department. 1 Supervisor Wright moved that the Board authorize disbursement of the capital funding in the. amount of $300,000 to the Windsor Volunteer Fire Department (WVFD) for the purchase of the engine. 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 County Administrator's report. County Administrator Caskey advised the Board that the information included in the agenda, package is for the Board's information only at this point, and .that there would not be a presentation on the Hampton Roads Planning District Commission Port Security Grant project tonight. Liesl R. DeVary, Director of Budget and Finance, presented a contract with, Tyler Technologies, Inc. for. the purchase and implementation of the DBS system software. She stated aphase-in implementation schedule will go live on January 1, 2006, and staff is requesting that the Strategic. Plan be amended to meet the proposed target dates. 1 Supervisor Clark moved the Board authorize the Chairman to sign the System Agreement. with Tyler Technologies, Inc., contingent upon- review 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. 25 ~~~~ 23 ~ ~~3~0 Supervisor Clark moved. that the Board adopt the following Resolution to Appropriate Funds from .the Unappropriated Fund Balance for Computer Software Replacement: ' RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR COMPUTER SOFTWARE REPLACEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia. has approved additional funding for the replacement of the County's computer software system and, WHEREAS, funds in the amount of one hundred twenty thousand dollars ($120,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2005-06 Operating Budget to fully fund the project. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that of one hundred twenty thousand dollars ($120,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2005-06 Operating Budget. .i BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was .adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting .against the motion. Supervisor Clark moved that the Board adopt the proposed amendment to the County's .Strategic Plan. to accommodate the revised projected timeline for replacement of all modules. 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. Donald T. Robertson, Assistant County Administrator/Operations, advised. the Board that the property owner where the Ramsey. Convenience Center is located has other plans for the property, and has advised the County to vacate the property. He further advised that citizens wilt be redirected to the Crocker and Wrenn's Mill. Convenience Center sites, and that the Crocker Convenience Center has been expanded and should be manned prior to July 31, 2005. Supervisor Wright inquired about the status of the boom truck. for the Public Works Department. 26 1 Mr. Robertson responded that the delivery date for the boom truck is anticipated within the next two (2) weeks, and that the truck would most , likely be a 2405 model. County Administrator Caskey presented a request from the Surry County Administrator for the loan of a County trash vehicle for a period of approximately thirty (30) days. He advised that the .County does have a surplus vehicle that could be loaned one (1) day a week for approximately four (4) weeks. He advised that there are also insurance issues that need to be addressed before proceeding. Supervisor Clark moved that the Board authorize all things necessary to effectuate Surry County's use of a vehicle. The County Attorney is to prepare the necessary liability agreement, and the County Administrator is to sign it 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. /! Chairman Bradshaw called for Appointments. 1 Chairman Bradshaw moved the Board reappoint Elaine Butler to represent the Carrsville District on the Board of Building Appeals. 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 consideration of the request for sponsorship of the Pig Jig Festival. Chairman Bradshaw directed staff to contact the appropriate individual and advise that the County is not in a position at this time to financially support the request. Supervisor. MacManus .recommended that the Board not act on the request at this time, but wait and see what first comes .from corporate sponsorships. Mr. Robertson notified the Board that the Pig Jig Committee had asked that if financial support was not forthcoming from the County, that the Board acknowledge its support of this event, as this would be helpful in regard to sponsorship of corporate entities. 27 Supervisor Clark moved that the Board direct. staff to develop a resolution of support and endorsement of the event for the Board's consideration at its August 8, 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. Chairman Bradshaw notified the Board that the School Board has agreed to make a public statement in support of consolidated efforts with the County. He requested that County Administrator Caskey, in conjunction with Dr. McPherson, develop an update letter for presentation .to both boards at their first meeting of each month. Supervisor MacManus inquired if Mr. Childress could meet with Mr. Finderson, Mr. Catron, Mr. York and General Lilly with respect to hurricane preparedness. He stated there are a number of outstanding issues that have come up recently that need to be addressed at the meeting. Richard O. Childress, Director of Emergency Management, advised Supervisor MacManus that a meeting has been scheduled this week with the individuals noted to discuss all outstanding issues with respect to hurricane preparedness.. He offered to contact General Lilly and invite him to the meeting. Supervisor Wright reported on the recent NACo Conference held in Hawaii. He advised that the County had received an award for the Benn's Church area, and that a press release should be circulated to the local newspapers. He further stated brochures were distributed. during the Virginia delegation meeting .relative to the 2007 Convention to be sponsored by NACo and held in Richmond. He stated Medicare prescription drug cards, land use, stormwater and open space issues were discussed at the meeting, to include the election. of officers and a gala reception. He advised that NACo would be holding its conference in Chicago, Illinois next year. County Administrator Caskey informed the .Board that all of the materials- Supervisor Wright brought back from the NACo Conference are being housed in his office should the Board wish'to review them. Supervisor Clark notified the Board that York County has been successful in revitalizing the Yorktown beach area. He invited the Board to visit the beach area to see the significant changes that have been made. He credited Yorktown for their efforts in revitalizing an area that once was run down and uninviting. // Chairman Bradshaw called for New Business. 28 a,CnM ~~ ~ ` .)(7,3 1 Supervisor MacManus moved that the Board direct staff to request that all legal files in possession of the prior County Attorney be turned over to 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. Chairman Bradshaw requested County Administrator Casket' to send a ' letter of request for all legal files on behalf of the Board. Supervisor MacManus advised that Verizon had recently incorrectly billed its customers on their telephone bills. He stated it was brought to Verizon's attention that it had not been billing at the County's tax rate, and Verizon sent out a notice stating that increases would be showing up in future bills, .and giving the. impression that the increase was due to the County changing its tax rate. He requested that a letter be sent by the Chairman to Verizon requesting that an additional notice be sent out advising that there was no County tax rate increase, and that instead the error was made on Verizon's part by improperly billing at the County's current tax rate that required the increase in cost to the citizens. 1 Supervisor MacManus moved that the Board authorize staff to send a letter signed by the Chairman to Verizon requesting that Verizon send out another notice on their bills to citizens advising that there was no tax rate increase, but rather that it was an error on Verizon's part in the improper billing of the current tax rates that required the increase in cost to the 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. Supervisor MacManus stated he received a letter from Brenda Joyner in the Gatling Pointe area who was concerned about the marking of oyster beds. Supervisor MacManus moved that that staff be directed to follow-up with. Ms. Joyner to determine if her issue with respect to flagging of oyster beds had been addressed. 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 advised a resident of Gatling Pointe had contacted staff regrading .the illegal cutting of a tree that was located in the RPA. Supervisor MacManus moved that the .Board direct staff to develop a report for. inclusion in the Consent Agenda with respect to the cutting of mature trees located in the RPA at Gatling Pointe. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and 29 Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board direct staff to provide a report on the different methods used to euthanize animals at the County's Animal Shelter. 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. Patrick J. Small, Director of Economic Development, distributed a pamphlet intended to make individuals interested in moving into. the .County aware of the agricultural activities that are present. Chairman Bradshaw requested the. status of the Voice Over- Internet Protocol (VOIP). County Administrator Caskey recalled that he had previously sent a letter to the Board which advised that due to changing legislation at the Federal level, VOIP is no longer a critical issue. // County Attorney Stroman requested a closed meeting under Section 2.2-3711.A.7 of the Freedom of Information Act pertaining to legal advice pertaining to actual litigation regarding a real estate transaction; under Section 2,2-3711.A.7 legal advice regarding issues arising out of the Annexation Agreement with the Town. of Smithfield; under Section 2.2- 3711.A.3 concerning acquisition of real property for a public purpose where a discussion in open session would jeopardize the bargaining position of the County; under Section 2.2-3711.A.5 discussion of a prospective economic development relocation in the County where there has been no prior announcement; under .Section 2.2-3711.A.7 to receive legal advice and briefings from staff regarding a probable litigation matter; under Section 2.2- 3711.A.7 regarding two (2) items of potential settlement of actual litigation arising out of a Board of Equalization lawsuits; under Section 2.2-3711.A.3 acquisition of private property for a public purpose; under Section 2.2- 3711.A.1 a personnel matter concerning the performance of a County employee; under Section 2.2-3711.A.7 regarding legal advice regarding the payment of proffers pursuant to the annexation agreement with the Town of Smithfield; under Section 2.2-3711.A.3 to receive legal advice on the issue of acquisition of public property for the Rushmere Volunteer Fire Department. Supervisor Wright moved the Board. enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors .voting against the motion. 30 90QN 23 ~ '38 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 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 TT 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 ~ /I 1 ABSENT DURING MEETING: 0 Supervisor Clark .moved that the Board accept the resignation of Jerianne Gardner from the Planning Commission. 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. 31 ~A~M 23 ~. ;. )J~_% At 11:05 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. ~ ~-. ip A. Bradshaw, Chairman W. Doug ey, Clerk 32