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10-16-2006 Regular Meeting
r _ ~ ..REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF OCTOBER.IN THE YEAR TWO THOUSAND AND SIX :.PRESENT:. Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas R. Ivy Phillip A. Bradshaw .Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Casket', County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm., Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. /1 Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Wright called for approval of the agenda. Interim County Attorney Burton requested under Special Presentations, an Item (B) be added relating to a special Flood Report and Overview from the County Administrator and his staff concerning the .Northeaster storm of .October, 2006; .under the County Attorney's Report, an item (D) be -added relating to the consideration of a Temporary Concession Services Agreement .between the Board of .Supervisors and the Smithfield Soccer Club; under. the County Administrator's Report, an additional item be added rela~ing fo consideration of a Resolution Establishing the Recommendations of the Board of Supervisors of Isle of Wight .County, Virginia, for the FY2008- 2013 Virginia Transportation Improvement Program of the Commonwealth Transportation Board and Virginia .Department of Transportation; under Closed Meeting, one (1) additional matter be added relating. to the receipt of legal advice regarding proffers. from the Town of Windsor; under New Business, three (3) items be added per the request of Chairman Wright and Supervisor. Ivy; and, under Old Business, two (2) items be added per the request of Supervisors Bradshaw and Clark. Supervisor Brown moved that the Board approve the agenda, as amended. The motion was adopted.: by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright. voting in favor of the motion and no Supervisors voting against the motion. I/ .Chairman Wright called for Special Presentations. .John S. Hadfield, Southeastern Public Service Authority (SPSA), stated SPSA began managing waste at the regional landfill in January, 1985, and the waste-to-energy .system was built in 1989. He stated in 1994, following a ruling by the United States Supreme Court, waste management/public service- authorities lost the right to demand that the private sector bring waste to the facilities that had been constructed in this region and charge them a tipping fee for that service,.and had to compete in the marketplace for private sector waste. He stated in 2001, the SPSA Board concluded that it should be in competition and attempted to generate as much revenue as possible in order to keep the municipal tipping fees as low as possible. He stated that the SPSA Board of Directors held a financial planning retreat in January, 2005, and were instructed by several consultants that SPSA was revenue poor, and that it was in need of generating: new revenue. In addition, he stated that the consultants also recognized that the most lucrative way. to generate new revenue was to bring in large quantities of out-of area waste. He stated the current. proposal is from Covanta, an international company, based in the New .York area, which would transport the containerized waste from .New York City to a proposed new .barge terminal in Portsmouth, which would be hauled by SPSA to its. waste-to-energy plant. He stated that because of the volume of the Covanta waste, much of locally generated waste that is currently ..consumed at the waste-to-energy plant would be diverted to the regional landfill, and the Life of the landfill would be reduced by approximately three (3) to four (4) years.- He stated the cost of handling the waste and the impact on the regional landfill have .been accounted for in the economic models. He stated that the proposal by Covanta would have no environmental degradation, and minimal risk to SPSA's members. He stated that from the point of origin, .the waste is .shipped in water-tight containers, which are inspected and certified air-tight to Virginia Department of Environmental Quality standards. He stated .SPSA believes that the operation is in keeping with SPSA's long record of environmental responsibility. Mr. Hadfield stated with. respect to site improvements at the. barge ~II!i facility, the Brownfield site would be remediated; the Elizabeth River at .the wharf would be dredged and the material properly disposed of; the bulkhead would be reconstructed and areas would be paved for parking and. container storage; and, a stormwater .management system in compliance with the current rules, and probably greater than that, would be instituted. He stated landscaping and buffering from surrounding areas. would be improved. 2 ~~~n~M 2~ . ~'3 Mr. Hadfield addressed. the financial benefit to SPSA. He stated SPSA is anticipating estimated gross .revenues from Covanta at $18,250,000, with an estimated operating cost of approximately $5,000,000, which includes the cosh to haul the .waste. from 'the barge. site to -the RDF plant; the extra operating cost at the regional landfill because of the displaced waste; the .extra transportation cost of moving waste from the current transfer stations to the landfill instead of the waste-to-energy plant; and, extra inspection costs. He stated currently SPSA inspects approximately 10% of the. waste received on a random basis, but SPSA's plan is to .inspect all of that waste. He stated other impacts associated with the Covanta project proposal isthatthe life of .the landfill will be reduced. because more waste from the region will be going into the landfill, as well as closure costs and post-closure care costs. He stated SPSA is currently already. receiving out-of--area waste, and staff's recommendation to the SPSA Board of Directors is that SPSA would cease receiving that waste. He stated SPSA has allocated, based on tonnage received, a share of the $7,000,000 to each of the participating member localities, ofwhich the County would be expected to pay $400,000 less if the Covanta project is .approved versus. not having the Covanta project. He stated municipal tipping fees are expected to increase significantly to cover some of the costs that have not been funded to date, for example, closure costs for the existing landfill and paying off any debt that has been incurred. He stated the .Covanta project would reduce the County's burden by at least $400,000 annually. He stated there is anticipated to be a $7,000,000 benefit and over the life of the twenty (20) year contract, approximately a $150,000,000 net benefit to the communities. He submitted information. pertaining to .environmental recognitions SPSA has achieved over the years. Supervisor Ivy requested clarification on estimated revenues and net annual positive cash flow anticipated from the Covanta proposal. f t Mr. Hadf eld replied that estimated revenues of $1$,250,000 are projected. He advised that the net annual. positive cash flow figure of $9.5 million previously stated has been reduced to $? million in an effort to be more financially conservative. Supervisor Ivy asked if alt the costs of converting the waste-to-energy plant are included in operating costs/debt service. Mr. Hadfield replied that. Supervisor Ivy. is referring to the additional cost of handling of Covanta. waste. He stated the waste-to-energy plant will. be in operation at least through 2018, and there are no new costs associated with bringing that. waste in versus regional waste. He stated there are no incremental costs in that plant; however, .there are incremental costs associated with the landfill. in hauling the waste from the barge site to the 3 1 RDF plant which is included in the estimated operating costs and debt service amount of $5,000,000. 1 Supervisor Ivy inquired if the waste-to-energy plant will burn solely New York waste, or will some of the County's waste continue to be incinerated at that facility.. Mr. Hadfield replied that only Portsmouth and New. York waste will be burned at the waste-to-energy pIani, and that most of the regional waste will be sent to the-landfill. Supervisor Brown requested. that Mr. Hadfield elaborate on the letter received from the City of Chesapeake that indicated there would be some required .improvements to the waste-to-energy plant in the amount of $?6,000,000. Mr. Hadfield replied SPSA has projected that over the next ten (1-0) years capital .investments in the waste-tv-energy .plant of approximately $76,000,000, whether or not the Convanta proposal is approved, will be necessary. He stated approval of the Covanta proposal will add $7,000,000 at least over and beyond the cost of handling the waste. Supervisor Bradshaw commented that SPSA's participating members are responsible for the fixed assets associated with the waste-to-energy facility, and these should be taken. into consideration over the next ten (10) years as part of the debt that is going to be incurred, which must be funded. 'Mr. Hadfield replied that capital investments are included in future projections for tipping fees, and not attributed to Covanta. Supervisor Bradshaw commented that the. tipping fees will continue. to increase regardless. Mr. Hadfield replied "yes," tipping fees. will continue to rise, and the .Covanta proposal will help keep the tipping fees. from increasing faster than they would otherwise increase. Supervisor Brown inquired if there is any feasibility in reducing the amount. of .trash taken from Covanta in terms of extending the life of the landfill and still gaining some revenue. 4 ~o~~ 24 •ri..r~~4 Mr. Hadfield. replied "no," in order to build the barge facility and pay for -the equipment, Covanta needs a disposal option to get .rid of a substantial amount of waste, which will displace locally generated waste from tie waste- to-energy Plant. Supervisor Bradshaw commented that additional trash will be brought in other than what is being generated in Southsde Hampton Roads. Mr. Hadfield responded that last year SPSA handled 1.,500,000 tons of waste, of which only 50,000 tons was generated` in this service area, and while the Covanta trash will -.add to that, it is not more than is currently generated. Supervisor Brown inquired if the port. will become the property of SPSA. Mr. Hadfield. responded that the land is owned by the City of Portsmouth, and will be leased to Covanta by the City of Portsmouth for the construction of the site. Supervisor Clark commented that if the SPSA participating members do not approve the Covanta proposal, in 2010 there will be an increase in the real estate tax in order to cover the County's $400,000 contribution. He inquired if an increase is anticipated in every year after 2010. Mr. Hadfield replied that by 2010, tipping fees could be as much as $ l 00 per ton anyway, and if the Covanta proposal is not approved, increases will be in addition: to that. Chairman Wright stated that localities .are not in favor of increasing tipping -fees. He stated that beginning a business by borrowing money to operate it is a recipe for failure. He stated that because of the poor judgment exercised by the former SPSA administration and Council members, the current members are being forced to do something they really do -not want to do in order to save the taxpayers. He .inquired if there was any option left other than hauling trash in from New York.: He cautioned that the estimated landfill replacement cost as it pertains to tractors is low, as well as the amount al ocated for maintenance personnel to work on such equipment. Mr. Hadfield responded that each of the .major components of .the operation is profitable., and helps reduce the tipping fee, .such as the recycling and yard waste program, from SPSA's .perspective.. He stated there is 5 nothing that can be done -that will generate as much revenue as .the $7,000,000 annually projected from the Covanta proposal. Chairman Wright stated that the taxpayers are going to have to be responsible for. the actions of the past SPSA administration and Council members. 1VIr. Hadfield stated that while it will be painful forthe-next ten (10) to twelve (12) years, the goal is to get SPSA to a point in 2018 where it has no debt, but is an ongoing active operation that is capable of managing waste well into the future. Chairman Wright questioned the financial shape of Covanta. and what steps will be put in place by SPSA with respect to bonds. Mr. Hadfield replied that SPSA is insisting that Covanta provide a surety payment .bond for any .payments owed to SPSA. He stated he is confident that New York City will perform more fiscal. evaluations on Covanta than Covanta desires. He stated Covanta was. previously a struggling company that emerged from bankruptcy. and has been doing very welt financially over the last two (2) years. He stated indications are that Covanta is now a fairly solid company, and he is comfortable that Covanta is in sound fiscal shape now, but SPSA is still insisting on a Letter of Credit to back up Covanta's payments to SPSA. Chairman Wright .inquired that if the Covanta contract is approved, instead of Covanta receiving a dollar amount, could SPSA bypass Covanta and have the money come from New York. Mr. Hadfield responded that New York issuing two (2) checks, one (1) to Covanta, and the other to SPSA, is a possibility. Supervisor Bradshaw inquired if the SPSA Board of Directors has ever approved an efficiency study on SPSA, specifically experts investigating the details of the SPSA .organization with respect to its structure, administration, procedures and policies. Mr. Hadfield replied. "no," .but benchmarking studies have been: conducted which compared SPSA's activities to others around the country: Supervisor Bradshaw inquired if SPSA had ever had a strategy to deal with environmental concerns. 3 x eonr 2~ ~a..~-~3~6 Mr. Hadfield stated SPSA has always considered .itself to be an environmentally responsible organization. Supervisor Bradshaw stated environmental issues are a concern to him, . specifically how the landfill will impact the environment in the distant future. He stated bringing in trash from New Yorke City frightens him. He stated the member localities need to decide. what .they really want `:SPSA to do, for example, do they want. to keep .costs down; keep costs down and be environmentally safe.; or, do they want SPSA to be environmentally safe with no consideration of costa He stated to date, he has .been hearing,. finances come first and environmental issues come second. Mr. Hadfield stated. he .has set the environmental requirements higher than the State. and Federal government requirement. He stated some of the .participating members do complain, but setting those standards higher does cost them more.. He stated as long as he is Executive Director of SPSA, this is the standard that will. be achieved. Supervisor Bradshaw commented that he reason for considering the Covanta proposal is purely financial as the waste being generated today could be burned, .and the landfill would not be used as fast as it would with Covanta. He stated if .staff expanded its knowledge and utilized new technologies with respect to recycling, the landfill would almost not be necessary between the burning and the recycling. He commented. that the County's citizens have spoken loud and clear over the years that they would prefer to pay the price as to having the landfill in the County.. He stated he is .willing to pay the price not to bring trash in from New York- City, and he is .willing to pay the price to burn trash in the incinerator, and go beyond what is being done today by doing extensive research and require citizens. to recycle.. He stated it is the responsibility of the individual citizen utilizing household waste to do more than what is being done.. He stated SPSA needs to be the leader in the State of Virginia. He stated he has seen .what has happened to the environment over the years and it frightens. him to know that land is goring to be filled up that_ is close in proximity of the County, and water. sources that are being utilized by many. Don Brunson, Department of Environmental Quality (DEQj, stated he is working with the permit for. the Cell #6 expansion. Supervisor Clark inquired if landfills are time bombs for water quality in the future. 7 eo~k 2~ ;,, ~~. `3~7 Mr. Brunson stated landfills. are. a necessity, and from a geologic standpoint, the Suffolk landfill is appropriated located as it is surrounded by tight clays and aquifers where there is slow-moving ground water that allows for measures to be put in place to remediate should there ever be a release. Supervisor Bradshaw commented that .tests .are based on experience from the past,. and if you are only looking for things thatoccurred in the past, there could be things :present that may .impact. the environment that we .are unaware of today. He stated the landfill could be a major problem in the future because. of new technology... Mr. Brunson agreed that there is no real guarantee that landfill wilt not negatively impact the environment, but compared to the method utilized in the past where trash was. thrown into a ravine with no protection whatsoever, much progress has been made, although there is always room for improvement. He slated today where there is an ever increasing population, it is more paramount that the best that can be done is done. Supervisor Clark requested. Mr. Brunson to elaborate on the risks associated with the: shipping containers as they pass over water and. land. Mr. Brunson. responded that SPSA adheres to the strictest requirements in the nation. He stated each container must be certified that it is watertight on a yearly basis. He stated that DEQ will be closely watching and inspecting those containers. Supervisor Clark inquired about the number of inspectors employed by DEQ. Mr. Brunson replied that DEQ inspectors inspect the facility, but it is private. agencies that will be doing the testing and .certifications. Shawn Priest, Solid Waste Inspector, DEQ, advised that. DEQ will be hiring a full-time barge inspector if a new port facility is approved for that facility, as he understands .that the General Assembly has approved the funding for this position dedicated solely for the inspection of barge facilities. He advised that all active facilities are inspected quarterly and ;the inactive and closed facilities are inspected annually. Supervisor Bradshaw inquired what the possibility is of contamination from any of these containers as they are loaded on the barge, as it is barged, and as it is transferred. 8 a saeK 24 ~~;:.3~8 Mr. Priest state d the containers have high standards, and they are- leak- proof and odor-proof. He stated the barge inspector's responsibility is to ensure the container's. integrity. . 4 a Mr. Hadfield added that part of the agreement between he State, the Attorney General's .office .and .Waste Management is that barges of waste coming into the State of Virginia would pay a State tipping fee to help offset the extra inspection cost incurred by DEQ for that activity.; Supervisor Bradshaw inquired when the SPSA Board of Directors i anticipated to vote on the Covanta proposal. County Administrator Caskey stated the SPSA. Board of Directors will be meeting again on Qctober 25, 2006 to consider the proposal. Supervisor Clark moved that the Board continue its discussion under Old Business later in the meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. f/ Supervisor Bradshaw moved the Board take a five (5) minute recess. The .motion was adopted by a vote of (S-0) with Supervisors Brown, Bradshaw, Clark, lvy and Wright voting in favor of the motion and no Supervisors voting against the motion. At 7:00 p.m., Supervisor Bradshaw moved that the Board return to open session and 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 Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the. motion and no Supervisors voting against the motion. // Chairman Wright. called for a public hearing on the following: An application to amend the Comprehensive Plan of Isle of Wight County, Virginia, through the addition of .the proposed Pedestrian and Bicycle Facilities Master Plan. 9 eoa~ 24 ..~ .:`_3~9 Karen Casey, Parks and- Recreation, stated that the Bicycle and Pedestrian Facilities- Committee worked with two (2) design. groups over a period of four (4) months in an effort to incorporate the information found in the proposed Plan. She stated extensive site work within the County has been accomplished, and a series of public meetings were held requesting citizen input. She stated a survey was posted on the County's website soliciting Countywide citizens' input.. She stated the plan designates .short, medium and long-term projects and funding opportunities available for those projects outside of County tax dollars. She stated amending the Comprehensive Plan to include the Pedestrian and Bicycle Facilities .Master Plan is the first step in implementation of the Plan. She stated an adopted Plan wilt allow staff to apply for grant funds; supports staff in acquiring facilities and connecting existing facilities from developers; and, is a beginning point for making the County a place to walk and bike,. creating routes for non-transportation within the County. She stated it will also :allow for healthier lifestyles of County citizens; and less congestion on the County's roads and a more inviting community. Interim County Attorney .Burton verified that the application has been duly advertised. Chairman Wright called for citizens to speak in favor of, or in opposition to, the application. Bane Gundelle, resident of Gatling Point,. stated that the proposed Plan meets many needs of the community. She made reference to a recent article in The Daily Press which addressed nutrition and physical activity in schools, however, it failed to mention working with communities to enhance living styles to .promote physical .fitness. She stated the State is in the process of implementing a comprehensive plan to combat obesity. She. stated approval. of the application will allow staff to apply for grants that the County was not eligible for because there .was no master plan in place.. She stated staff will now be able to take advantage of Federal funding. She stated she is concerned about the safety of her two (2) .sons who run cross-country ten (10) miles a day over heavily traveled .County roads. She requested the Board approve the application .which will improve the quality of life far those who live in the County. Jane March of Zuni spoke in favor of the application and requested. that equestrian trails be incorporated. Lisa O'Brian, a resident of Eagle Harbor,. spoke. in favor of the application. She stated trails not only provide away to promote good health, but also provide safe pathways, bikeways and crossings for residents. to utilize.: I0 eoc~+ ?4 ~~ ~-350 Leah Dempsey, Newport District representative on the Bicycle and Pedestrian Facilities committee, stated -the Committee .built .upon the plans. and recommendations of studies conducted in .1:996 .and 2001. She stated the Committee reviewed what is already accessible to the citizens at this time, .both in the towns and on rural routes. She stated the .Committee also prioritized into short and long-term recommendations chose areas that they felt most strongly about regarding accessibility within the County. She stated the Committee recognizes that the County has limited resources and .recommends that the Planning Commissions for the Towns and the County cooperate to inform and encourage developers to develop interior paths for pedestrians and. bikes and to also connect with the exterior plan. She stated the Committee, over a long period of time, would like to connect those trails far connectivity between the developments through grant funding. She stated other local jurisdictions have received funds to build bike. and pedestrian ,paths. within their communities, but the County has. been ineligible for any of these funds because the County's Comprehensive Plan has not been amended to incorporate a Bicycle and Pedestrian Facilities Master Plan. County Administrator Casket' made reference to a letterprovided to the Board rior to the ublic heari P p ng .from Lisa Taylor, a resident of Eagle ~ Harbor, who is in favor of the application. k Chairman Wright closed the public hearing and- called for comments from the Board. Supervisor Clark moved that the Board approve the application to amend the Comprehensive Plan of Isle of Wight County, ,Virginia, through the addition of the proposed.Pedestrian and Bicycle.Facilities Master Plan, The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. .Supervisor Ivy notified those present that the Committee is also reviewing the possibility of equestrian and ATV trails being: included in the Plan. Supervisor Bradshaw requested Alan. Nogiec, Director of Parks and Recreation, and. Patrick J. Small,. Assistant .County Administrator, to contact Jane March regarding her request for the inclusion of equestrian trails. into Plan. Chairman Wright called for a public hearing on the following: ll ~~~~ 2~ ::`361 The request of Isle of Wight .County Industrial. Development Authority to amend the Comprehensive Land Use Designation of Tax.Map Parcel 55-01-.017 in the. Windsor Development .Service. District from Conservation .Development to Planned Industrial. Said .property, approximately 51.09 acres of land, is located on the west and east sides of Old Mill Road (Rt. 607) and the south side of Old Suffolk Road (Route 636) in the Windsor Election District. Steven C. Wright, Director of Economic Development, presented the request.. He stated the Industrial Development. Authority believes this amendment to the Comprehensive Plan should be approved because the existing designation of Conservation Development may be inappropriate due to the location of this parcel. He stated the Comprehensive Plan specifically states that Conservation Development Districts should not be located near major roads or utility projects. He stated the requested land designation will allow the. County to take advantage of this location; particularly its close proximity to Route .460 and Phases I and II of the Shirley T. Holland ..Commerce Park. He stated approval of the amendment would potentially allow for the development of the entire ninety (90) acre tract, which could net upwards of $40,000;000 in capital investment for the County and assist in the creation of 240-250 new jobs. He stated several improvements have been made in this area to facilitate industrial development, namely the widening of Old Mill Road to encourage and assist in the development of Phase II of the .Shirley T. Holland Commerce Park where Johnson Development is currently underway with a 329,000 square foot distribution facility. He stated the Cost Plus facility has also been successful in generating revenue and jobs in the County. Interim County Attorney. Burton certified that the application has been duly advertised. Chairman Wright .called for citizens to speak in .favor of, or in opposition to, the application. Andy Patterson of 25098 Old Mill Road stated she was in opposition as she recently closed on her home on September 15, 2006, the same day that letters were- sent out advising area residents about the proposed project. She expressed opposition to the .buffers, which. have been increased to 100 feet from the required 25 feet; the value of her home will decrease, and she .will be unable to sell her home in the future. because it is surrounded by an industrial park; concern with building on wetlands; pools will be inadequate to hold water; and. emergency fire and rescue .personnel are concerned because of the lack of manpower and vehicles in the case of a fire. She requested that the Board. keep in mind the families that will be negatively impacted by this application.... 12 Mark Patterson of Qld Mill Road spoke in opposition to the application because of deflated property.. values; increased truck tra€fic; increased accidents on Route 460; inadequate buffers; and unwanted lights which will illuminate his property.. .Stanley Synder of 25106 Old Mill Road, stated he purchased his home only two (2) months ago and. did not realize the magnitude pf the project. He expressed concern with truck traffic; the safety of his two (2) small children; and noise. He stated he was not in opposition to the project,, but he would like to"see a larger buffer to ensure thesafety of his family. Ron Socia of 25393 Old Mill Road stated he moved to this area from New Hampshire to retire in a quiet area while his wife recovers from cancer. He stated since January, 2006, bulldozers and beeping noises can be heard from this area several nights a week for twelve (12) hour per day periods and sometimes all night. He stated he works -shift work and is not able to get adequate rest. He .stated he is not sure he can sell his home, and his wife has- returned to New Hampshire to recuperate.. He stated he purchased the home t~~to (2) years. ago and was not advised by the. realtor about the potential use of the property. He stated he could not enjoy his grandchildren in.his yard because of the constant noise. He stated he purchased-the property with the intention of retiring, but the property is no longer what he believed 'he was purchasing. He stated now the .road is to be widened-and twelve (12) additional buildings are to be built, Patrick J. Small, Assistant County Administrator, stated he originally tiled .the application prior to the arrival of Mr. Wright, "the County's new Director of Economic Development. He stated staff has been working with this property for the last six (6) years and. the omission of this part of that track was an oversight in the County's Comprehensive Plan. He stated the County has invested over $6.5 million .dollars to date in this property which is a part of a comprehensive plan designation of over 2,000 industrial acres. Chairman Wright closed the public hearin and called for comm g ents i from the Board. Chairman Wright inquired as to the reasons why the contractors are working twenty-four (24) hours a day at the site. Mr. Small replied that Johnson Development is constructing a 329,000 square foot, $14,000,000 facility in order to meet their construction deadlines to maximize cost efficiencies relating to slab pours and sidewall pours. He stated they have been operating at night in order o take advantage of the 13 ea~~~ 24 ~~_:~~63 limited amount of weather that is available before the wet season arrives. He stated he .received a complaint from Joni Griffin because of early morning truck traffic and the developer was asked. to divert truck traffic in the early morning and late evening hours in order to avoid the residences. Chairman Wright inquired if the County has attempted to purchase the eight (8) homes at fair market price. Mr. Small stated staff initially spoke to some of the eight ($} homeowners, but ceased efforts following the .determination that some of them were unwilling to sell. Supervisor Bradshaw inquired as to whether staff is aware of the current assessed value for the eight (8) properties. Mr. Small stated staff has not determined the assessed value since the first rezoning was. accomplished. Mr. Wright stated that he had made contact with all of the property owners in that area, .and based on some of the conversations he had with some. of the property owners, there still may be some property owners that are not interested. in .selling their homes.. He stated it is staff's intention to work .with the property owners that wish. to remain to find a solution .that will make it livable for them. He stated staff had put measures in place at the Planning Commission meeting last month to mediate some of the adverse impacts to those residents, .and staff continues to revisit those measures to ensure what can be done for the residents is done. Supervisor. Bradshaw inquired if staff had attempted. to acquire any of the residences. Mr. Small replied that staff had not attempted to acquire .any of the residences over the past six (6) years. He stated with regard to .traffic issues, the County. has passed a "no trucks" restriction. Supervisor Brown inquired if acoustical panels could be installed to dissipate the noise. Mr. Wright responded.. that staff is in the process of investigating what. measure of sound reduction can be achieved through the.. use of acoustical panels. 14 __ Supervisor Bradshaw inquired if staff has investigated what options are available for. the Board members to pursue. Supervisor .Ivy stated he was in favor. of .the. County offering any homeowner interested in moving a price consistent with fair market value. Chairman Wright directed staff to personally contact the impacted homeowners with an .offer of fair market value for their residence if they desire to move. .Supervisor Bradshaw suggested that the County offer the amount of the last tax appraisal or fair market value, whichever is higher, to any. homeowner interested in moving. Supervisor Clark commented that the homeowners in that area purchased their homes without properly doing their research and other County citizens should not be burdened with the County having to purchase those properties. Supervisor .Bradshaw stated the Board should ensure that those homeowners who wish to remain have a sustainable quality of life, and the County-should offer those interested in moving fair market value. Mr. Small stated it would be considerably. more economical for the County to leave the 33.5 acres zoned as it currently is than it would be for the County to purchase even .one (1) of those homes. Supervisor Bradshaw stated he is not against moving forward with the project, but the Board should. be made aware of its options, for example, what type of buffer is being offered and -who. will be responsible for maintaining it. Mr. Wright stated it is important. to note that this is simply a Comprehensive Plan amendment in order to be consistent with the previous plans made by the Board to zone the property as Planned Industrial. He stated staff has had conversations in the past with the .affected property owners and staff will continue to have conversations with them. to ensure that, at the appropriate time, staff advises the Board of all the options that might be available. Supervisor Clark recommended that the. barrier be a substantially vegetated and wooded berm. 15 Mr. Small advised that the property has been zoned as a 2,000 acre industrial complex and those individuals that moved there thirty (30) years ago have seen an appreciable change in Route 460.., He stated the more warehouses that the Board supports, the more light. pollution and noise will exist. Supervisor Bradshaw stated -the Board is most concerned that staff continue working with the affected .residents .and as this process moves forward staff is to come back with recommendations of available. options while continuing to meet with the homeowners to address their concerns. Supervisor Clark moved that the Board approve the request of the Isle of Wight County Industrial Development Authority.. .The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct-staff to meet with the impacted homeowners to discuss their concerns; make every attempt to do everything possible to meet ..their concerns; and, return to .the .Board with options/alternatives for consideration as the rezoning process moves forward. The .motion. was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor- of the motion and no Supervisors voting against the .motion. Chairman Wright called. for a public hearing on the following: The application of Benita F. Everett for a change in zoning. classification from Suburban Residential (SR) to Conditional-Rural Agricultural Conservation (C-RAC) of approximately .20 acre of land, known as lots 121 and 122 located on Roosevelt Avenue in the Jamestown Annex, in the Carrsville Election District. The purpose of the application is to locate asingle-wide manufactured home on the property. Beverly H, Walkup, Director of Planning and Zoning, verified that the application .had been properly advertised. She stated the applicant initially sought zoning in 1996 for the permanent location of a manufactured home; however, the applicant. did not attempt to utilize the zoning until recently. She stated that in 2005, the County underwent a zoning. ordinance amendment and a comprehensive rezoning which changed- the zoning of the entire Jamestown/Camptown neighborhood which affected this property. She stated. -the applicant is seeking to reinstate the zoning so that she can locate the permanent placement of a mobile. home as originally intended. 16 eooK ?4 ~.?~f~ Chairman Wright called. for citizens to speak in favor of, or in opposition to, the application, Benita F. Everett, the applicant, requested the Board. approve her application. :Chairman Wright closed the public hearing and. called for comments from the Board. Supervisor Bradshaw moved that the Board approve the application of Benita F. Everett. The motion was adopted. by a vote of (5-0) with: Supervisors .Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: .The application of Darrell Daniels for an Exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002(B)(2)(a) to allow encroachment of 72 feet into the 100 foot Resource Protection Area Buffer for the. construction of asingle-family residence. The property, containing .4382 acre of land is known as Lot 16 James Landing Neighborhood, in the Gatling Pointe Subdivision, Smithfield, in the Smithfield Election District. Amy Ring, Assistant Director of Planning and Zoning, introduced the application, Interim County Attorney Burton verified that.the application had been properly advertised. Chairman Wright called for citizens to speak in favor of, or in opposition to, the application. William Riddick, Attorney representing the. applicant, stated Dr. Daniels purchased the lot in 1998, which was platted prior to the adoption of the. Chesapeake Bay Preservation Area Ordinance.. He stated Dr. Daniels originally ..filed for an exception in -2002 and has :filed two (2) .previous applications. He stated that Dr. Daniels did receive a ..variance from the Board of Zoning Appeals in order to bring his proposed home five (5) feet forward and further. away .from the Resource Protection Area. He stated Dr. Daniels' most recent application was filed in 2004 which was denied as there 17 1 ~~~,~ ~,~ . ~6~ was an area that was deemed under utilized. He stated Dr. Daniels has since made those changes in order to minimize the encroachment into the Resource Protection Area.- He referred to a letter from the Chesapeake Bay Local Assistance Department in 2004 which stated that the applicant seemed to have taken all possible .measures to minimize the proposed project, including size reductions, redesign and front-yard variances, which include utilizing .pervious concrete for all exposed areas as identified in the .Water Quality Calculations for Stormwater Quality Control. He stated the applicant has met the five (5) conditions/safeguards. as required by the ordinance. He stated the Planning Commission had voted unanimously to recommend approval to the Board.. He stated that his applicant has been unable to meet one (1) of the conditions recommended by the Planning Commission relative to criteria for the deck, as approved by staff, dueto the accelerated meeting schedule. He stated Dr. Daniels' .has authorized him to request. that this matter be tabled indefinitely so that he can work out those details with staff. Russ Holman of .107 Clipper Creek Circle in Gatling Point requested the Board approve the application. He stated the lot was originally recorded as a buildable lot and Dr. Daniels has paid taxes and Homeowners' Association fees on the lot. He stated there are numerous home sites in Gatling Point and Gatling Point South built with similar circumstances prior. to the implementation of the Chesapeake Bay Preservation Area Ordinance. He stated it is only right that Dr. Daniels have the same right to build his retirement home as others have enjoyed in Gatling Point. He stated Dr. Daniels- has modified. his plans eight (8) times to accommodate concerns raised by County officials and his home .wilt be the smallest located in Gatling Point. Vicky Peckawitz of 113 Commodore Lane in Gatling Point stated that she went through this process and it took her three (3) years to obtain her building permit. She stated Dr. Daniels has done everything he possibly could. do to satisfy County requirements and she encouraged .the Board to approve his application. Chairman Wright closed the public hearing and. called for comments from the Board. Supervisor Clark moved that the Board table the application of Darrel! Daniels indefinitely. The motion was adopted by a vote of (5-0~ with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called -for a public hearing on the following: i $~~~ ~~ ,ric'•aUL7 '' The application of Mollie G. Turner Family Limited Partnership, owner, and Bay Sand Ca. Inc., operator, for a Conditional" Use .Permit to amend the operation .plan of the "Mollie G. Turner Borrow Pit" to increase excavation from forty-four (44) acres to fifty-nine (59) acres, i and extend the life of the permit for five (5} additional years. The site is located on the .west side of Turner Drive (Route 644} adjacent to 14182 Turner Drive, Smithfield, in the Windsor Election District. Ms. Walkup introduced the application. She. `verified that the application had been properly advertised for public hearing. Chairman Wright cabled for citizens to .speak in favor of, or in opposition to, the application. ..Charles Groom, owner and. representative for the Family Limited Partnership, stated since the original .plan a certified land planner has been hired to address symmetry issues with the lake. Tommy Caldwell of Smithfield, .Virginia, requested that the Board approve the application. Chairman Wright closed. the public hearing and called for comments from the Board. ~ Supervisor Clark recommended that a plan be submitted for the long- term use of the property within two (2) years of reclamation and .that no further expansion to the existing pit would be granted.. r i Supervisor Ivy moved that the Board approve the application of Mollie G. Turner with the four (4) conditions imposed by the Planning Commission and the two (2) conditions imposed by the Board tonight that the applicant submit a plan for the long-term use of the property within two (2) -years of reclamation and that no further expansion would be granted, for a total of six (6) conditions. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Ivy moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark,. Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 19 y~~Y ?~ ~:?6~ ~/ Chairman. Wright called for a flood report and overview by staff regarding the Northeaster that occurred on October 7, 2006. Interim County Attorney Burton stated that he would be presenting a Declaration of Emergency Resolution declared by the County Administrator on behalf ot: the Board under the County Attorney's report.. Richard O. Childress, Director of Emergency Management, distributed copies of the County's Operations Plan to the. Board members. He stated the Emergency Operations Center (EOC) was activated at 10:30 a.m. on Saturday, October 7, 2006, with limited staff He stated prior to opening, staff was contacted by cell phone and arrangements made for Smithfield High School to be opened as a shelter. He stated an Emergency was declareu and relayed to the EOC at 10:45 a.m. and the shelter was opened for evacuees at 11:15 a.m. He stated prior to the opening of the shelter, some of the evacuees were being housed at the Isle of Wight Rescue Squad building, but none of those evacuees sought refuge in the County shelter. He stated there were approximately eleven (1 I) evacuees housed in the shelter; however, all were eventually placed with. family/friends or in a local hotel by the Red Cross. He stated shelter operations ceased at 6:00 p.m. He stated during Saturday operations the EOC arranged for resources to assist local. fire and rescue departments with evacuation operations. He stated the State was unable to provide National Guard resources due to the lack of a State Emergency Declaration; .however, staff was able to secure ahigh-water vehicle from Chesapeake Fire Department and four (4) small boats from the Department of Game and Inland Fisheries. He stated a US. -Coast Guard helicopter was also secured to search for persons who may have needed rescue from roof tops, :car tops, or other isolated areas. He stated WAVY TV 10's helicopter and a Virginia State Police helicopter also assisted.. He stated school buses and. drivers were on standby should.. they be needed for evacuation purposes. He stated the EOC continued to receive flood warnings throughout. the day on Saturday,, but. no estimate of rainfall was. provided. He stated Iocal weather stations and the National Weather Service would report following the storm that the County had received 8-I2" in the central and northern parts. He stated farmers and the County's Extension Agent would report. rain amounts ranging from 14-20"; however, the National Weather Station would Later discount these amounts noting readings may be off by 10%. ' Mr. Childress: stated that. on Sunday morning, the Zuni well site was reported to be under water and was turned off. He stated the Windsor Volunteer Fire Department began. notifying Zuni area residents of the rising waters and. was assisted. by the rescue .squad in evacuating. residents from their homes.. He stated no residents requested sheltering .assistance. He 20 ~y°~ eao~ 24 ~~ ~37(l stated the Virginia EOC was advised and drinking .water was requested. He 'stated that because there .was not a State Emergency Declaration,. no water could be provided.. He stated staff was able to acquire water from a vendor recommended by the State and drinking water was. provided to Zuni residents that evening. He stated the EOC remained operational during the remainder of the week with limited staffing. He stated .the EOC remained active arranging for water, food, cleaning supplies and showers. for residents. He stated the EOC kept informed relative to roadway, river and dam conditions and coordinated other relief efforts primarily with the Red .Cross, .Southern Baptist Conference and the Salvation Army. He stated that while staff continues to interact with those organizations, the State, FEMA, continues to provide drinking water, the EOC officially shut. down Friday evening. Chairman. Wright requested Mr. Childress prepare a letter for his signature to .the Coast Guard, Channel 10 and the Chesapeake Fire Department thanking them for the use. of .their equipment during the Northeaster. Supervisor Bradshaw inquired what the protocol is for road closures. 3. 1Vlr. Childress replied .that VDOT is responsible for all road closures. He stated-.that staff requested a VDOTrepresentative on .Saturday, October 7, 2006, and MacFarland Neblett, VDOT Residency Administrator for the Waverly Residency, had been present in the EOC that day until 1:40 p.m. at which time he reported to his office. He stated that while the County does not have the authority to close roads, it can make recommendations by notifying VDOT of water within certain areas with a request that it inspect the. roadway. Supervisor Bradshaw inquired what authority a Fire Chief has with- respect to a state of emergency. Mr. Childress responded that if a Fire Chief views a public hazard he can make a recommendation. 3 Supervisor Bradshaw stated the most critical. safety hazard that needs to be addressed is motorists traveling along roadways that should have been closed to traffic. Mr. Childress advised that staff has identified certain problems with reporting procedures and been advised by Mr. Neblett that he County and VDOT will be working together in the future in order to improve on these procedures, ~ 21 ~I Supervisor Bradshaw requested that staff also review the auth©rity of :fire. departments ,and rescue squads. He stated with respect to .the communications process from the County, staff needs to investigate who is responsible for notifying individuals of evacuations and advise the. fire departments accordingly if it is they that have that authority. Chairman Wright stressed the importance of communication with VDOT and State officials during emergencies. He stated that State Police were not visible during this emergency and VDOT did not provide road closure signage. Major Riddle Hines, Sheriff's Department, advised the Board that Deputies were directed to ride along the County's back roadways and report any flooding conditions. He stated additional Sheriff's personnel were requested to report to duty to provide security at the Smithfield High School shelter and at Tormentors Lake located on Days Point Road. He stated that 24-hour security was also provided in the Zuni community.: He tated staff assisted fire .departments with the evacuation of individuals and at school sites upon their reopening. Steve Jenkins, Director of Budget and Finance .with the School Administration, stated there was minor damage from water penetrating through walls and door openings which had to be addressed at Westside Elementary and Smithfield High Schools. He stated the issue of why-water accumulated in .the Smithfield Middle School. courtyard and ran into- the cafeteria needs to be addressed with the Smithfield Middle School builder. He stated schools were closed several days due to transportation issues. He stated one (1) school bus was lost, which is believed to be insured. He stated significant damage occurred at Hardy Elementary School, which was closed for four (4) days, due to water collecting on the roof and running into the dining area of the cafeteria through the HVAG ducts. He stated two (2) hallways were flooded throughout the building causing carpet and drywall. damage. He stated two (2) firms were hired to extract water from the carpets and dry the .area out. He stated ceiling-.tiles have to be replaced, as well as .insulation in the cafeteria. He stated that Bust©dians are currently working .overtime in a number of facilities, books and instructional material were lost, and some of the cabinetry will have to be replaced. He estimated losses at Hardy Elementary School at approximately $98,000. He stated holes were drilled in the walls to allow the drying equipment to enter behind the walls to alleviate any chance of mold or mildew.. He stated school staff is currently discussing. the damages with its insurance company and anticipate -the damages to be covered.. He estimated a total estimate of $16U,004. 22 l F~fi! !r~ .5~f~~~ .Bill Chapman,.-Fire Chief of the Smithfield Fire Department, stated the Department's attempt to retrieve individuals from their flooded home on 208 Great Springs Road was unsuccessful, He stated a local resident with a boat helped to rescue the individuals from the second .floor of their home..He " stated his Department does not have a boat, nor_life vests, and is not trained in water rescue. He stated because of a gas leakage coming from the. tanks at a service. station at the corner of Main Street and Great Springs Road and raw - ' sewage floating in the stormwater, DEQ and DES were contacted and notified of the .hazard materials. He stated hi Department was unable to respond to a fire caused by a lightning strike at a home on Jefferson Avenue because the Smithfield By-pass was flooded. He stated an incident command system was established .which was overseen by him. He stated seven individuals and four (4) .dogs were rescued from Commerce Street after .locating additional boats. owned by personnel within' the Department. He stated individuals were rescued from a flooded home .located at 2I0 Great Springs Road and the Department was not able to respond to a fire alarm: activated at Luter's Corporate Headquarters because they could not get to that location. He stated his Department .took appropriate action to remove floating propane tanks that were leaking. in the close proximity. of Great Springs Road, but were unable to respond to a call for assistance in removing II floating caskets from a cemetery on Berry Hill Road because it was not a high priority issue at that time. He stated Main Street in Smithfield began flooding, affecting certain businesses and the Department responded to a call about an individual on top of a car on Carroll .Bridge .Road that was in need of rescue. He stated Brian Carroll's wife was rescued .and transported by boat after going into labor. He stated in his capacity as_Fire Chief, he has authority to close a road and Fire Chiefs in the State of Virginia generally hold a lot of power, which is generally given by the localities. Chairman Wright moved that staff be directed, with his involvement, to spec out life boats with the intent that each fire station will have at least one (1) boat for use during emergencies. .The motion .was adopted by a vote of (5-0) with. Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting. in favor of the motion and no Supervisors voting against the motion. Supervisor .Ivy moved that the Board fund a swift water rescue/water rescue class for the fire and rescue departments and/or law .enforcement if ` they wish to be included. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Brian Carroll, Isle of Wight Rescue Squad, stated three (3) medics were staffed the entire day. He stated that he was forced to make a decision early. Saturday morning that the Squad would not be able to transport patients to facilities because of travel conditions. He stated: the squad is located on the west side of Route. 258, and travel was not possible along Church Street and 23 Routes 10 and 258. He stated a medic was relocated to the Smithfield Fire Department ~ to ensure that a medic was on the west side of town. He suggested that. Department Heads be provided an updated daily list of road closures so that respective staff can be advised accordingly and that VDOT .signs be placed at intersections rather than having to travel a distance down a road before finding. out. it was closed. .Bandon S. Rogers, Transportation Planner, distributed a list of road closures as of October 8, 2006, and a printout illustrating roads that remained closed as of .October 12, 2006. He stated that he contacted VDOT officials on Saturday as he traversed throughout the. County to advise of flooding roadways. He stated at that time, VDOT advised that concentration was being. focused on installing closure and high-water signs along primary .roadways. Supervisor Bradshaw stated VDOT's lack of action to close roadways in the County during the storm was unacceptable. He inquired why VUOT officials did not work with the County's command center and why VDOT did not install high water and road closure signs during the storm. MacFarland Neblett, VDOT Residency Administrator for the Waverly District, stated VDOT and its contractors have been working on the roads for the past ,ten (10) days where they were flooded and, in some cases, washed out in some instances. He stated VDOT personnel.. began responding at 4:30 a.m. on Saturday, October 7, 200b. He stated fifty-nine roads were affected by the storm in some fashion. He stated VDOT staff, prior to the storm, ensured that all equipment .was fueled; chainsaws were sharpened; all equipment was checked to ensure that it was operating properly; .emergency sign trailers -were loaded; and maintenance personnel were alerted to respond when called. He stated that in addition to initial inspections of the roads in .this area, officials in the smart traffic center received incoming calls and made a record of locations from State, County and Town police, citizens, residents and motorists and appropriate information was relayed to area headquarters. He stated VDOT will continue in its efforts to work with the County to make the process .work. more effectively and efficiently between counties,. towns, area headquarters, residencies, the smart traffic center and law enforcement agencies. He stated reporting both route numbers and road name needs to be improved with regard to route and location. Supervisor Bradshaw questioned why. VDOT did not shut down Route 460 and it had to be .done by the Town of Windsor and its Police Department. Mr. Neblett. stated VDOT did install variable message signs on Sunday. 24 aon« 2~ .,~~~~4 Supervisor ~ Bradshaw stated the Windsor Volunteer Fire Department ~ had to utilize its fire truck to block Route 460 'to keep motorists..from utilizing it. He stated traffic was backed up to the City of Suffolk on Route 460 and the Fire Department was unclear where to send the traffic-since it was not their responsibility.: He stated the Fire Department also had to close Route 258 because of flooded conditions. He stated later in the day, traffic, to include tractor trailers, began to travel down the back roads of the County when Route 460 was not shut down from the western direction.. He inquired why. VDOT took so long to shut the roads in the County. Mr. Neblett stated he would investigate and report back to the Board regarding the time of day that. Route 460 was closed by VDOT. He stated VDOT closed Route 460 at Waverly and posted signs in Windsor. He stated. VDOT spoke. withthe Virginia State Police who advised that they would be contacting the County and the Windsor Town. Police. Supervisor Bradshaw stated no State Police wereseen in Windsor until { Sunday afternoon. He stated the Fire Department manned the intersection of Routes 460 and 258. and ended up manning Zuni early Sunday morning... He stated there is no direct line of communication between VDOT and the County's EOC. He stated the .County did not have the manpower to manage all of :the roads in the County. He stated VDOT should had contacted Richmond. to advise that there was a problem with Route 460 which is a major evacuation route for Virginia Beach .and Norfolk. He stated VDOT should have assisted the County in getting a state of emergency declared from the Governor. C. M. Clark, VDOT District Manager, stated that Richmond was.. well aware of the flooding- conditions on Route 460. Chairman :Wright inquired why VDOT is not willing to refund the County for repairs to the causeway at Day's Point Road. Mr. Neblett stated that VDOT maintains the road that is on top of the dam on Days Point Road. He stated there was a small. bridge when VDOT took the road into the highway system in .1932. He stated the dam was put in place during .the 1960s and the .road .was built on top of it and VDOT took over the maintenance of the road on top of the dam. Supervisor Bradshaw stated if there- was a bridge there at one time, and - i 19 O n 32 VD T took over the road and, therefore owned it, and if the bridge was replaced by dirt, then VDOT had to have approved it. 25 Mr. C. M. Clark replied that there is a dam under the road at Days Point. Road and as far as VDOT is concerned and VDOT owns the road on top of than dam and the road is what VDOT maintains. He stated VDOT will not replace the dam, and he is the person who advised County Administrator Casket' that once the County rebuilt the dam, VDOT will replace the road. Supervisor Clark inquired why VDOT could not have fixed the road and .billed the County for the repairs. Mr. Clark stated that VDOT would not accept responsibility for the repair cost. Supervisor .Bradshaw inquired from Mr. Neblett what could be done. to improve communications between. the County and VDOT relative to storm processes. Mr. Neblett offered to meet with Richard Childress, the Sheriff s Department and any other: members of the County. interested in discussing communication protocol. He stated he conducted VDOT business in .the EOC center for approximately three (3) hours on Saturday because he could not. get from the Courthouse to the location where he needed to be in Wakefield. He stated he ensured before he left .that Mr. Childress .had all his contact information. Supervisor Bradshaw inquired what VDOT's plan of action is to get the impacted roads repaired. Mr. Neblett stated VDOT is in the process of working on those roads. Chairman Wright informed Mr. Neblett about deteriorated pipes on Orbit Road. He inquired if VDOT would be looking at these soft spots. Mr. Neblett stated VDOT will be reviewing the roads again to ensure that nothing .has been missed.. He stated there are. a number of roads remaining that, need to be repaired, but VDOT is steadily working to get this work accomplished.. .Supervisor Ivy stated when the dirt beneath a roadway has eroded and the pavement is no longer there, motorists. naturally drive .around those signs especially if there is a long detour around the impacted road. He stated the only way to stop this from happening is to have. law enforcement ar install .either a jersey. barrier or non=removable barrier. He stated jersey barriers 26 ~or~ 24 ~~~-37fi need to be available for: utilization during dangerous situations that can. block roadways in emergency events. Supervisor Clark inquired as to 'how many VDOT personnel were. requested to report to duty during the storm on Saturday and Sunday. Mr. Neblett replf ed all his personnel reported in and he requested additional personnel from the Franklin Residency which equated to approximately 75 people.. Supervisor Bradshaw inquired about the status of repairs to Zuni Circle. Mr. Neblett replied that the drainage personnel have not completed a study as of yet. Supervisor Bradshaw stated he requested- that VDOT review that area in July 2006, and there have been two (2} major storms since that time, to include a house that has. flooded twice and the HVAC system owned by Mr. Carr has had to be replaced and now it has flooded again. He stated this issue has. yet to be resolved and he recommended. that VDOT install a large culvert at Kitchens Mart to address flooding concerns. He stated .Route -460 is flooding and is a major evacuation route which is being shut down every. time it rains several inches. He offered his assistance in getting help from representatives in Richmond, if necessary. Supervisor Ivy stated that the Route 10 Bypass at Cypress Creek must .also be kept. open to traffic during emergencies. Chairman Wright requested Mr. Neblett to review the feasibility. of raising. Route 258 at the locations that it floods each time it rains. !/ Chairman Wright moved the Board take afive-minute -recess. The motion was adopted by a vote of (5-0) .with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion. and no Supervisors voting against the motion. Chairman. Wright moved the Board return to open session. The motion was adopted by a vote of (5-0} with Supervisors Brown, Bradshaw, Clark, 27 eunK 2~ :,,-~77 Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. I/ Supervisor Bradshaw moved that the Board direct staff to .investigate whether or not the Commonwealth Transportation Board was meeting on the weekend of October. 7, 200b, and if that Board had been informed of the flooding conditions in the County.. The motion was adopted by a vote. of (5- 4) with Supervisors Brown, Bradshaw, Clark, Ivy -and. Wright voting in favor of the motion and no Supervisors voting against the motion. Mark Cathea, .State Director for Southern Baptist Disaster Relief Program, briefed the Board on the progress made to date with respect to assessments of homes that experienced flooding. Bill Battle, Incident Commander, Southern Baptist Disaster Relief Program, briefed the Baard on the-seven (7) homes located in Smithfield that experienced flood damage. He stated a shower unit. was. manned and operated in Zuni Circle and then moved to Mill Swamp Road, He stated he hoped to have all work on homes completed by next week. County. .Administrator. Caskey advised that Peter .Stephenson, Smithfield Town Manager, was attended the VML Conference in Virginia Beach. He stated an a-mail received from Mr. Stephenson indicated that Great .Springs Road would remain closed at the bridge into the week and-that the Town of Smithfield wants to schedule a meeting with VDOT to discuss repairs to Waterworks Road, which is a similar situation to the Day's Point Road issue. He stated County staff would be attending that meeting. ..Supervisor Bradshaw recommended that the County's legal staff also attend the meeting. County Administrator Caskey advised that the Southampton County Administrator advised him today that VDOT had made repairs to the .causeway at Johnson Mill Road in Southampton County following damages caused. by a previous hurricane. E. Wayne Rountree, P,E., Assistant County Administrator, advised- the Board that water had receded by a sufficient amount to-allow Utility crews to assess the damage at the Zuni well. He stated the well was chlorinated and placed back in service, .but the water is not currently fit to drink and notices were sent to users. He stated it will be .next week before the bacteria and 28 ~o^~ 24::~-?78 petroleum tests results. are received. He stated the .bacteria .test on the distribution system failed, making it necessary to again chlorinate and retest the system. He stated water is available for clean-up -purposes and bottled. water has been supplied to the residents of Zuni, along with port-o johns. and a portable shower. Arthur E. Berkley, Director of Inspections, reported that two (2) structures were destroyed'; fourteen (14) .structures experienced major damage; 24 structures received minor damage; and thirteen (13) structures were affected, but habitable, for a total of $1.8 million. dollars in damage to structures in the County, :including business, residential and public facilities and buildings. Glen Rountree, Extension Agent, reported. that cotton, beans and soybeans are three (3) .commodities grown in the County that are to be considered for a disaster declaration. He stated all three. (3) commodities experienced a 60% loss on 80% of the total acres grown in the County. He stated the County suffered severe field erosion in 100 of its fields, along with six (6) farm structures that were. damaged.. He stated assistance was applied for through the Emergency Conservation Program and emergency loans for farmers, He stated the County's agricultural industry experienced estimated losses up to a total of $8,043,000. Ralph Anderson, Director of Public Works, stated a container has been placed in Zuni to handle debris in that area. He stated that the molding inside the Carrollton Library needs to be replaced due to flood damage. Supervisor Clark- moved that the Board direct staff to review the drainage issues at the Carrollton Library to see if there is anything that can be done to minimize or prevent future .flood damage. Thee motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Debbie J. Sivertson, Historic Resources .Manager,. introduced Melissa Works, Museum Administrator, and Dinah Everett, Museum Curator, who were instrumental in saving the Museum's artifacts and collections out of the ~ Museum basement which was flooded. She stated the artifacts have .been moved to a different- climate-controlled location for stabilization and preparation for later conservation.. She distributed a report concerning the various .professional volunteers .who offered their assistance. She. publicly acknowledged employees of the Department of Public, Works and... the Department of Parks and Recreation for their invaluable assistance. 29 ~~~ 24 .~`37~ Ms. Everett stated 99.9°!0 of the collection stored in the Museum's two (2) basement has been retrieved. She stated only one (l) artifact was .destroyed by flooding, which she believes .was an unfired brick. She stated the Museum's textile. and costume collection has been sent to a conservator and .the paper collection ..has been frozen until it can be repaired piece by .piece. Responding to Supervisor Clark on whether or not he basement had ever been flooded in the past, Ms. Everett replied four (4) times. Supervisor Ivy moved that the Board direct staff to review and make recommendations to the Board regarding what it will take to keep the flooding from reoccurring at the Museum. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion., Karen Casey, Parks and Recreation, reported on erosion control damage at Fort Boykin.. She distributed pictures detailing the recent damage relative to the loosening of the soil due to the saturation of the ground. She stated estimated repairs in the amount of $200,000 are needed and have been placed in the CIP request for next year. to cease the erosion process and stabilize the embankment. L)onald T. .Robertson, Director of Information Resources and Legislative Affairs, reported on media relations. He stated the newspapers,: radio and TV stations were extremely cooperative.. He stated staff has made contact with Senator Forbes' office to immediately pursue IegisIative avenues for a presidential declaration. He has also attempted to .contact Senator Allen's office in order to provide the necessary- information. sa that.. a declaration_ean be made by the President.. He stated that he would continue in his efforts to contact Senator Allen's office. He stated he and Mr. Childress have been working with the Red Cross and Southern .Baptist Conference to develop a list of impacted citizens so that if there are any programs. available they can be advised what they need to do in order to access benefits. Liesl R. DeVary, Director of Budget and Finance, reported on preliminary estimates received thus far in the amount of $200,000. She noted the County's insurance adjuster should have more definitive estimates .the first of next week. Mr. Childress stated the. American: Red Cross was not present tonight, but he wanted. to reiterate how closely the County worked with. its representatives throughout this event. He stated that two (2) American Red 30 .Cross representatives were staffed at the. ECC for the. first four (4) days. He stated several .areas. were identified during this storm that .are' in need of improvement in order. to make it easier for the citizens to interact with the Red Cross and staff will .continue to work .with the Red Cross in that regard. He acknowledged .Smithfield Foods. for the donation of a refrigerator truck for use by the Museum, as well as he offer of additional trucks that were not needed by the County at that time. He stated members from FEMA, VDEM and the Small Business Administration toured. and assessed the County to help support the Governor's application for a Presidential declaration. Supervisor Bradshaw moved that the Board direct .staff, through. the County Administrator, to .regionally join together with .the County Administrators of the .Counties of Sussex, Surry, Southampton and the Franklin City Manager and develop ideas .that can be proposed to the Corps of Engineers and other pertinent agencies regarding the cleaning or dredging of the Blackwater River, and to see what possibilities exist to maintain the flow, for example, is the culvert large enough to handle water flow at -the train trusses. A regional meeting should follow with the -elected officials. The motion was .adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors. voting against the motion. .Supervisor Bradshaw moved that the Board direct staff to schedule a meeting with Senator Marty Williams, Chairman of the Senate Transportation Committee, regarding the County's concerns with the Route 460 flooding. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy- and Wright voting in favor of the motion .:and no Supervisors voting against the. motion. Supervisor Bradshaw directed that following the meeting with Senator Marty Williams; staff should follow up with Senator Williams to determine if it would be appropriate for the County to request that the Secretary of Transportation, Homer Pierce, make a visit to the County. Supervisor Bradshaw.. moved that the Board direct the County ` Administrator to make a recommendation to the Board regarding how to recognize those individuals involved with ,the Northeaster, for example, jackets with the Isle of Wight County logo and the year 2006. The motion was adopted by a vote of {5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // 31 Chairman Wright indicated the Consent Agenda included the following items; A. Application for Grant Funds -Governor's Youth Community Service and Civic Engagement Program Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received -from the .Governor's .Youth Community Service and Civic .Engagement Program B. Litter Prevention and Recycling Grant Funds Received Resolution to Accept and Appropriate Litter Grant Program Funds from the Commonwealth of Virginia C. Update of Strategic Action Steps D. Paul D. Camp Memorandum of Agreement for Training E. Personnel Policy Amendment Resolution to .Amend the County Personnel Policy Article IV F. Personnel Policy Amendments Resolution to Amend the. County Personnel Policy Article VI and Article XI G. County Attorney's Office Salary Budget Adjustment Resolution to Appropriate Funds from the Unappropriated Fund Balance for a Salary Budget Adjustment for the Attorney's Office H. Human Resources Department Advertising Budget Adjustment I. DEQ/Public Native Dated October 2,.2006 J. Planning Commission Action List. of September 26,2006. Supervisor Bradshaw moved that Item (A), Resolution to Authorize the ,Submission of a Grant Application and to Accept .and Appropriate- Funds. Received from the Governor's Youth Community Service and Civic Engagement Program, be removed from the Consent Agenda and that the .remaining items be approved. The motion was adopted by a vote of (5-0) 32 z i 1 eo~~ 24 ~ :~~.~? with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the. motion. Regarding Item (A), Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the Governor's Youth Community Service and Civic Engagement Program, Supervisor Bradshaw expressed concern with- the purchase of two (2) TVs/DVDs/VCRs at a cost of $410; the purchase of four (4j transparencies at a cost of $35 each; and the purchase of marker pens. at a cost of $3.00 each. He noted that staff should. be involving the School Administration in this Program. ~ I Supervisor Clark moved that the Board table action on this item until its November 2, 2006 meeting and request Palinda Belcher, Youth Services Coordinator, address the Board regarding the Program. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no :Supervisors voting against the motion. // Chairman Wright called for Regional Reports.. There were no regional reports offered by the Board. // Chairman Wright called for Transportation. Matters. No transportation matters were offered for discussion. // Chairman Wright called for Citizen's Comments. Delphia Bailey addressed the Board concerning her concern with ` increased taxes. She requested the Board to conserve the County's funds, and that when they must be spent that they are spent. wisely. Herb DeGroft addressed the Board concerning the County's funding of the School Board budget. He noted approving the School Board budget by category is a way to monitor school expenses. // Chairman. Wright called for the County Attorney's report. 33 ~~.~, 2~ ~ ~ :~~83 Interim County. Attorney Burton presented A Resolution to Confirm .the Declaration of a Local Emergency, Made Necessary by Severe Rainfall from a Northeastern Storm, Declared by the Director of Emergency Management of Isle of Wight County, Virginia, on October 7, 2006 for .the Board's ~ consideration. Supervisor Bradshaw moved that ,the Board. adopt the following Resolution to Confirm the Declaration of a Local Emergency: A RESOLUTION TO CONFIRM THE DECLARATION OF A LOCAL EMERGENCY, MADE NECESSARY BY SEVERE. RAINFALL FROM. A NORTHEASTER STORM,. DECLARED BY THE DIRECTOR OF EMERGENCY MANAGEIVIENT OF ISLE OF WIGHT COUNTY, VIRGINIA, ON OCTOBER. 7, 2006 WHEREAS, Section 44-146.21 of the Code of Virginia (195.0, as amended), prescribes necessary actions precedent to a declaration of a local emergency; and .WHEREAS, Section 44-146.21 prescribes two methods for declaring an emergency: the first is accomplished by .the local Director of Emergency Management acting with the .consent of the governing body; the second is accomplished by the Director of Emergency Management acting without the initial. consent of the governing body, provided such declaration is confirmed by the governing body at a meeting within fourteen days of the emergency declaration; and WHEREAS, it was necessary and proper for the Director of Emergency Management. of Isle of Wight. County, Virginia, to declare a local emergency in Isle of Wight County, Virginia, without first obtaining the consent of the Isle of ..Wight County Board of Supervisors (the "Board") and whereas this subsequent confirmation by the Board is required by Iaw; and WHEREAS, the Board is satisfied that the significant. amounts of rainfall from a Northeaster storm constituted a real andsubstantial threat to health and safety of persons and property in Isle of Wight County, .Virginia, and that it necessitated a declaration of Iocal emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of Isle of Wight County, Virginia: 1. That it hereby confirms the Declaration of Local Emergency made an October 7, 2006, by the Isle of Wight County Director of Emergency Management,. and such declaration shall be effective .until. the emergency occasioned by this extreme weather event is declared terminated by this Board. 2. That it understands and confirms that .the. Declaration of Local Emergency empowered he Director of Emergency Management with special authority and duties; said authority and duties being defined by the laws, rules, 34 _. _~. i ~~~ 24 -. ~:~-~~4 regulations and plans. of the United States of America, the Commonwealth- of Virginia and Isle of V~ight County. 3. That it understands and confirms that when, in the judgment of this Board, all needed emergency actions have been taken, appropriate action to end the declared local emergency will betaken. Adopted at the regular meeting of the .Isle of Wight County Board of Supervisors, Virginia, held October 16, 2006. The .motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark,. Ivy and Wright voting in favor of the motion .and no Supervisors voting against the motion. I t C 1 n erim ounty Attorney Burton presented a proposed Consumer Utility Tax Ordinance dealing with exemptions for churches. Supervisor Clark. moved, which passed unanimously (5-0), .and then .rescinded his motion, which passed unanimously (5-0), that the Board adopt the Ordinance to Amend Chapter. 15. Taxation.. Article IV. Electric and Natural Gas Consumers Tax.. Section 15-11. Electric Utility Consumer Tax. ~ and Section 15-12. Local Natural Gas Utility Consumer Tax. Supervisor Clark. further moved that the Board authorize staff to advertise the Ordinance for. ublic h p earmg at the Board s November 15, 2006 meeting. The motion was adopted. by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright. voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed lease agreement pertaining to the Johnson Farm. Supervisor Bradshaw noted that members of the Carrsville Volunteer Fire Department have indicated a desire to use additional land. Supervisor Bradshaw moved that the Board defer action until the Board's November 2, 2006 meeting; direct Mr. Childress to meet with the Carrsville Volunteer Fire .Department concerning their desire- to use additional land; and, direct the Interim. County Attorney to research. whether or not. the current charge of $6.per acre can be increased. The motion. was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy .and Wright voting in favor of the motion and no .Supervisors voting against the motion. 35 1 Interim County Attorney Burton presented a Temporary: Concession Services Agreement between the Board of Supervisors and the Smithfield Soccer Club for the Board's consideration. Supervisor Ivy moved that, the Board approve the Temporary. Concession Services. Agreement. The motion was adopted by a vote of (5-0} with Supervisors Brawn, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that the remainder of his items were for discussion during Closed Meeting. /! Chairman Wright called for the Parks and Recreation Report. .County Administrator Caskey reminded the Board that Debbie J. Sivertson, Historic Resources Manager, and Dinah. Everett, Museum Curator, had already updated the Board under Special Presentations, Item (B}, Flood Report and .Overview, relative to damage and recovery of items from the museum and Fort Boykin as a result of the weekend Northeaster. // Chairman Wright called for the Public Works report. Ralph R. Anderson, Assistant Director of Public Works,. addressed the Board regarding the needed roof replacement at the. Paul D. Camp Community College/Smithfield Library.. Supervisor Ivy .moved that the Board .approve. the iow bid of $41,000 submitted by Roofing & Restoration, Inc., and authorize the Chairman to sign the appropriate contracts upon preparation by the contractor and approval by the County Attorney, and approve the transfer of $:10,000 from the FY06-07 Capital Contingency Account.. The .motion was. adopted by a vote of (5-0} with Supervisors Brown, Bradshaw,. Clark, Ivy and Wright voting in favor of .the motion and no Supervisors voting against the motion. 1/ Chairman Wright called for the Emergency Management report. County Administrator Caskey noted that Richard 0. Childress, Director of Emergency Management, had already provided an update under Special Presentations, Item (B), Flood Report and Overview, relative to damage and 36 e s ;W Q recovery efforts associated with flooding that occurred as a result of the weekend Northeaster. y 4 // 1 Chairman Wright called for the County. Administrator's report. Danielle Gray, Acting Commissioner of the Revenue, ,advised that the Compensation. Board, as of July 1, 2006, has added two (2) new positions within the Commissioner of Revenue's office. She stated these position were used to offset County-funded .existing positions. She requested that apart- time position be converted to full-time and ..the part-time funds. remain to cover additional assistance. Supervisor. Clark moved, which passed unanimously (5-0), and then rescinded his motion, which passed unanimously (5-0), that the Board approve the request to convert apart-time position to full-time. 3 Supervisor Clark moved to authorize the creation of a new full-time. osition and to kee the art-time p p p .position within. the Commissioner of Revenue's Office. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, .Clark, Ivy and Wright. voting in favor of the . motion and no Supervisors voting against the motion. . Mr. Rogers presented a Resolution Establishing the Recommendations of the Board of Supervisors of Isle of Wight County, Virginia,. for the FY2008-2013 Virginia Transportation Improvement Program of the Commonwealth.. Transportation Board and Virginia Department of Transportation for the Board's consideration. i Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, FOR THE FY2008-2013 VIRGINIA TRANSPORTATION IMPROVEMENT PROGRAM OF THE COMMONWEALTH TRANSPORTATION BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Commonwealth Transportation Board and the. Virginia Department of Transportation will conduct a public meeting for Interstate, Primary, and Urban System Transportation Improvements in .the Hampton i Roads District on Thursday. November 2, 2006 at 6:OO p.m. at the Hampton 37 Roads Planning District Commission, located at 723 Woodlake Drive in .Chesapeake, Virginia 23320, and, WHEREAS,. Isle of Wight County, Virginia, wishes to make specific recommendations for transportation improvement projects to be included in the Virginia Transportation Development .Plan by the Commonwealth Transportation Board, and WHEREAS, the .most critical corridor in need of improvement is .the Route 258 corridor from the Town of Smithfield to Route 58 Business, and WHEREAS, this corridor serves as the primary .north-south access to the two major industries in the County, Smithfield Foods, inc. and International Paper Corporation, accounting for .considerable .truck traffic along with the. regular traveling public,. school buses and farm equipment, and NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following corridor is considered the .highest priority transportation improvement for the County because of its potential to address serious vehicle safety problems as well as to provide significant economic benefits for the movement of goods and services within the County and the Hampton Roads Region: Realignment and the widening of Route 258 to four-lanes between Routel0-Smithfield. Bypass to Route 58, including: a. The construction of the Route 258-Windsor Bypass and its . grade-separated crossing at the Norfolk Southern rail line; and, b. The construction of the connector highway (Berms Church Connector) to relocate Route 258 south of Route. 10 between Benns Church. and Isle of Wight Courthouse: and, c. The reconstruction and widening of Raute 2.58 south of Smithfield to extend the center turn lane to Route 620. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle,of Wight County, Virginia, supports the ongoing PPTA process for the improvements to U.S. Route 460 between the Petersburg and Suffolk Bypass. This segment of Route 460 is projected to be heavily congested in the future, yet supports one-quarter of the freight needs of the Hampton Roads region, and as a consequence has a-death rate of twice the statewide average. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, supports the establishment of high speed rail service to the Hampton Roads region along the Route 460 corridor. 38 906 24 ~•.~388 BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are considered to be other important and vitally. necessary transportation improvement priorities. in the County: 1. Construction of capacity and safety improvements.. to Route 10 in Isle of Wight County, including the widening of Route 10-Bypass to four (4) lanes, along with similar improvements within the Counties of Surry: and Prince George. 2. Full funding for the construction ofdedicated left-turn lanes on Route 460 in the Town of Windsor.-from Route 258 eastward to Hidden Acres Circle. 3. Full funding for the replacement of the Blackwater.Bridge between. Isle of Wight County -and the City of Franklin. '' 4. Full funding of the second phase of the Route 10 widening . project from: Fort Huger Drive, Route 676, to Track Lane, Route 624. S. Construction and improvement of turn lanes on Route 17 and its intersection with Route 659,. Kings Cove; Way. 6. Improving the Benns Church intersection at Route 258 and Route 10 to include additional turning lanes. 7. Installation of variable message signs as a component of the Advanced Warning System for the James River Bridge. 8. Improvement of the drainage piping under Route 17 at Ragged Island Creek to accommodate additional flows, located 0.75 miles from the James River Bridge. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight. County, Virginia that the County Administrator is to forward a copy of this. resolution to the County's legislative delegation and. to the Virginia .Department of Transportation for inclusion. in the official record of the 2006 public meetings for the Virginia Transportation Development Plan. The- motion was adopted by a vote. of (S-0) with Supervisors .Brown, Bradshaw, Clark, Ivy. and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Wright moved .that the Board extend the meeting time past 11;00 p.m. The motion was .adopted by a vote of (S-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // 39 eo~r. 24 ~~-.~3~~ Chairman Wright called for Appointments. There were no appointments offered by the Board. it Chairman Wright called for Old Business. Supervisor Bradshaw moved that the Board direct staff to review the Carrsville Water System by taking extensive samples throughout the system and having them tested, and to do whatever is necessary to remove the foul smell. from that system. The motion was adopted. by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy. and Wright voting in favor of the motion and no Supervisors voting against the motion, Supervisor Ivy moved. that the Board direct .its representatives on the SPSA Board to vote "no" on the Covanta proposal which is to be considered by the SPSA Board of Directors. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the morion and no Supervisors voting against the motion.. // Chairman Wright called for New Business. County Administrator Caskey notified the Board that he had. received a call from a group called Operation .Blessing desiring to look at the Camp Washington. property with the expressed intent of utilizing the facility for a wayward youth program, He advised that he is awaiting a detailed proposal from Operation Blessing on acquiring the property. Supervisor Clark moved that the Board amend the agenda. for the .purpose of adding an additional Closed Meeting item. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised that he had forwarded certain information pertaining to the Tidewater Inn to the Commissioner of Revenue's Office, as well as the Interim County Attorney for their, information. Supervisor Clark commented on a letter hat he had received from Alan Monette who was highly .complimentary of the efforts undertaken by the County Administrator and his .staff relative to the recent Northeaster and its. associated impacts on Day's Point Road and Tormentor's Lake. 40 s QQrli ~3 rn~~~~~•lU Supervisor Ivy moved that the Board direct Assistant County: Attorney. Fopovich and Interim County Attorney Burton to review the potential for developing an ordinance that would al ow the Board the ability to regulate long-term .parking of vehicles .along County roads, particularly those in subdivisions. The .motion was adopted by a vote ,of (S-Oj with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion.. .Supervisor Clark moved that the Board amend. the agenda in order to add a Closed Meeting matter involving the :Day's Point Darn/Causeway. The motion was adopted by a vote of {S-0) with Supervisors Brown, Bradshaw, Clark, Ivy and .Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested that the Board. enter a Closed Meeting for two (2) matters pursuant to Section 2.2-3711.A.I of the Code of Virginia for the limited purpose of consultation with legal. council .and briefings by staff members pertaining.. to proffers from the Town of Windsor and the Day's Point Dam/Causeway. Supervisor Brown moved that. the Board enter. the Closed Meeting for the reasons stated by the County. Attorney. The motion was adopted by a vote of (5-0) with .Supervisors Brown,. Bradshaw, Clark, Ivy and Wright voting in favor of the motion. and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session: The motion- was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw,. Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw 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; 41 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 he Board of Supervisors. VOTE AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved that the Board authorize staff to contact the County's Legislative Delegation and request their influence in making VDOT pay for the repairs that were made by the County to Day's Paint Road following the Northeaster storm of October, 2006. The motion was adopted by a vote of (5-0) with Supervisors. Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Ivy moved that the Board direct staff to send a letter to .Secretary Homer Pierce, with a carbon copy to the Governor's Office and the County's Legislative Delegation,. advising that the behavior of the VDOT representative, Mac Clark, to the Board at its meeting of October 16, 2006, was unacceptable; that the .responses of his staff were lacking; and, that VDOT's overall response to the County's emergency incident (N©rtheaster) that occurred on Saturday, October 7, 2006, was inadequate, at best, because VDOT did not close the primary roads, :e., Routes 10,-258, 460 and 58, in the County. The motion was adopted by a vote of (5-0} with Supervisors .Brawn, .Bradshaw, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Ci cif l.. Fy~ rY••r•~~Fy l., Supervisor, Bradshaw moved the Board adjourn .its :ion was .adopted by a vote of (5-0} -with Supervisors Clark, Ivy and Wright voting in favor of the. motion and 1g against the motion. ~ , omas J. rig , t II, Chairman Clerk -