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09-20-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas J. Wright, III Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Ivy called the meeting to order at 6:00 p.m. // Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Ivy called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under New Business, add an item requested by Supervisor Wright regarding a License Agreement between the County and the Windsor Hunting Club for 2007-08 hunting season; under Special Presentations, add a report by Sheriff C. W. Phelps regarding the County's animal shelter; under New Business, add an item requested by Supervisor Bradshaw concerning the mercury level in the Blackwater River and an item concerning the Help America Vote Act; under New Business, add an item requested by Chairman Ivy regarding the number of new residential units proposed for development; and, under New Business, add items requested by Supervisor Clark regarding a change in the Board's December meeting date; the County's Proffer Study; compensation for Planning Commission members; and, discussion on convenience center workers. Supervisor Clark moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 1 // Chairman Ivy called for Special Presentations/Appearances. Liz Harper, Dominion Virginia Power, briefed the Board on Dominion's pending application before the State Corporation Commission (SCC) to construct a 500,000-volt transmission line extending from Dinwiddie County to its Suffolk substation, a segment of which will cross the County. She advised that the SCC has issued an Order of Notice to all of the counties and cities and impacted property owners by either the proposed or alternate route for the sixty (60) miles of line. She advised that the SCC will conduct public hearings on Monday, October 8, 2007 at 6:00 p.m. at the Sussex County High School and Thursday, October ll, 2007 in the Suffolk City Council chambers with an additional public hearing held in February 2008 in Richmond. She advised that the public may participate by attending any of the public hearings; providing written comments directly to the SCC by January 29, 2008 either by mail or e-mail; or, participating as a respondent, which allows participation in the February 5, 2008 meeting at which time witnesses may be cross examined; interrogatories submitted to the company for responses; and, documents be requested. She stated if the proposed or alternate route is approved, a number of activities must take place before the line can be energized before the summer of 2011, such as contact each property owner to seek their permission to enter their parcel to survey, create plats, plans and profiles, as well the negotiation of easements and needed construction and environmental permits. She stated the right-of- way will have to be cleared; foundations poured; erect structures and pull the conductor into place before energizing. She stated with respect to right-of- way clearing, the practice of wind rowing the trees is the most efficient and standard practice of Virginia Dominion Power. She stated the trees can be limbed that are close to homes in residential areas and all trees smaller than 12 inches in diameter can be mulched and spread along the right-of--way. She stated logs can be either disposed of or the property owner may have the logs. Supervisor Wright commented that wind rows are hazardous for children and attract snakes. He suggested if the cable was buried alongside the railroad track, there would be no disturbance to wetland areas. He noted as proposed, farmers will be impacted and the cement blocks would be there forever. He stated because the City of Virginia Beach can not control its growth is no reason for the County to suffer. Ms. Harper responded that Virginia Dominion Power does not have any 500 kv lines buried within the United States. She advised that to transfer the line from above ground to underground would require a facility at each end of the line and Virginia Dominion Power does not have this type of experience. 2 Supervisor Clark stated he has a concern with the way Dominion Virginia Power maintains its right-of--ways. He advised that staff has written Dominion Virginia Power many times requesting that the streambed in the right-of--way be cleaned up at Booker T. Estates which has been blocked by debris. Supervisor Bradshaw moved that staff be directed to send Dominion Virginia Power's request for a 500,000-volt transmission line to the Planning Commission for its review and recommendation back to the Board. Staff is to communicate the Board's comments in writing to the State Corporation Commission by January 29, 2008. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Judy A. Wells, Treasurer and Gerald H. Gwaltney, Commissioner of the Revenue, briefed the Board on a new proposal for the pre-pay of personal property taxes in the County, which is an estimated payment plan that allows for quarterly payments and is completely voluntary. Supervisor Bradshaw moved that staff, in conjunction with the Commissioner of Revenue and Treasurer, be directed to develop a plan of implementation for consideration at the Board's October 30, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board add a customer service matter from BFUAllied to the agenda following the Sheriff's presentation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Sheriff C. W. Phelps, responsive to the Board's request at its September 6, 2007 meeting, presented a proposal for a new animal shelter which would increase the square footage from 2,900 to 3,600 square feet; would house 36 kennels; a dog isolation area for quarantine animals; office and lobby area; a toilet and shower area for Animal Control Officers; an euthanasia area; a mechanical and electrical area; and, an exterior fence run. He stated the estimated building, site and architect cost would be between $637,000 to $666,000 based on a $110 and $115 square foot price. He advised that the current water supply is inadequate and in need of replacement. Supervisor Clark requested that Sheriff Phelps investigate the feasibility of locating the new animal shelter at the Camp Washington site, which is already contained by a fence. 3 Supervisor Bradshaw moved that Sheriff Phelps' proposal for a new animal shelter be forwarded to the Board's Finance Committee and the Director of Budget and Finance for review and recommendation back to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark relayed a customer service concern with the lack of trash pick-up at her home. Supervisor Wright noted that trash is often not picked up on the designated date in his area and trash that falls out of the truck is not picked up. Ellen Thacker, General Manager, BFI/Allied, responded in order to address the problem, the newest and most efficient vehicle has been assigned to service the County; a new driver has been assigned to that route; the number of men working on the route has been increased from two (2) men to three (3); and, drivers are being cross-trained on the various routes. She advised that BFI representatives will continue to report to the Board and request its feedback on whether or not there is measurable change in the coming months. Supervisor Clark requested that contact be made with Ms. Laufer by BFUAllied representatives. // Chairman Ivy called for Regional reports. Chairman Ivy reported that as a result of Oceana requiring landing fields out into rural counties, the Hampton Roads Military and Federal Facilities Alliance is concerned that if the Navy is denied, it will be just one additional reason to relocate the Oceana Air Station. He offered to keep the Board apprised of any new developments. Chairman Ivy reported on the recent tour of the water treatment plant in Chuckatuck by the Western Tidewater Water Authority. County Administrator Caskey reported that only routine business matters were discussed at the most recent meeting of the Hampton Roads Planning District Commission. Supervisor Clark reported that the Western Tidewater Transportation Authority's Legislative Committee remains committed in requesting the legislators to change the funding mechanisms of the Authority by scaling back the grantor's tax and eliminating additional fees on car repairs. 4 Supervisor Bradshaw reported that the Social Services Board and County staff are reviewing and analyzing services that can be consolidated within the County. He advised that the Board will be receiving recommendations from staff in the near future. Supervisor Bradshaw reported on a new proposal to provide additional funds for school construction which turns the funding mechanism over to VACo and VML. He stated that the VACo Executive Committee has endorsed the proposal with the stipulation that any new revenue must come from a new source. He stated that he would keep the Board apprised as the General Assembly considers this issue. Supervisor Brown reported that the Southeastern Public Service Authority will hold a strategic planning meeting on September 26, 2007. // Chairman Ivy called for Transportation Matters. Chairman Ivy moved that Engineering staff be directed to contact Alonzo Woodard concerning the dangerous dip in Route 258 at 13551 Courthouse Highway. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Citizens' Comments. Michael Uzzell, Central Hill Road, voiced concern with school bus signage and bridge markers being knocked down by VDOT contractors during grass mowing efforts. Supervisor Clark moved that Mac Neblett, VDOT, be requested to investigate VDOT's contract personnel's performance and that any signage that has been damaged or knocked down is replaced on Central Hill Road (school bus signage) coming off of Route 620; Scotts Factory Road (bridge marker); and, Carroll Bridge Road (bridge marker). The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 5 // Chairman Ivy called for Public Hearings. Chairman Ivy called for a public hearing on the following: A. The request of Chester Glenn Carr to withdraw approximately six hundred twenty-nine (629) acres of land from the Knoxville Agricultural Forestal District. Said properties are located south of Mill Creek Drive (Rt. 638) and north of Joyner's Bridge Road (Rt. 611) in the Carrsville Election District. The parcels being requested to be withdrawn are identified as tax map parcels 52- O 1-039, 52-01-037, 52-01-036, 52-01-028, 59-01-071 and 59- O l -072. The Agricultural Forestal District Advisory Committee and the Planning Commission recommended approval of the request. Beverly H. Walkup, Director of Planning & Zoning, introduced the above request. She advised that the Agricultural Forestal District Advisory Committee and the Planning Commission have recommended approval of the application. Supervisor Bradshaw advised the Board that Mr. Carr had contacted him to advise that due to another obligation, he would be unable to attend the meeting tonight. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor of or in opposition to the request. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the request of Chester Glenn Carr. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: B. The request of Allan L. Willey to add twenty-one (21) acres of land to the Longview Agricultural Forestal District. Said property is located on the south side of Muddy Cross Drive (Rt. 6 620), approximately one (1) mile west of Benns Church Boulevard. (Rts. 10 & 32), in the Windsor Election District. The parcel being requested to be added is identified as tax map parcel 32-03-002. The Agricultural Forestal District Advisory Committee and the Planning Commission recommended approval of the request Beverly H. Walkup, Director of Planning & Zoning, introduced the above request. She advised that the Agricultural Forestal District Advisory Committee and the Planning Commission have recommended approval of the application. Interim County Attorney Burton certified that the request had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Allan L. Willey, applicant, requested the Board's favorable approval of his request. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved the Board approve the request of Allan L. Willey. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: C. The application of the Trustees of Kingdom Hall of Jehovah's Witness of Surry County, owners, for a Conditional Use Permit and Preliminary Site Plan review to allow construction of a church on approximately 2.441 acres of land located on the north side of Scott's Factory Road (Rt. 620), west of Carroll Bridge Road (Rt. 654) in the Hardy Election District. Ms. Walkup introduced the application. She advised that the Planning Commission made a favorable recommendation on the above application with the condition that the proposed lighting plan and signage plans adhere to the existing Isle of Wight County ordinances. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. 7 R. Mitchell Wilcox, Commonwealth Engineering Group, Ltd., stated that the application is in compliance with existing County ordinances and he is available to answer any questions. Ned Boyette, Trustee of the Kingdom Hall of Jehovah's Witness of Surry County, requested that the Board favorably approve the application. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Trustees of Kingdom Hall of Jehovah's Witness with the condition that the proposed lighting plan and signage plans adhere to the existing Isle of Wight County ordinances. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: D. The request of Elliot Cohen, owner and contract purchaser, and Commonwealth Engineering Group, Ltd., applicant, to amend the Comprehensive Land Use Designation of Tax Map Parcels 34B-01-014, 34B-01-015, 34B-01-016, 34B-01-017, and 34B- 01-018 in the Newport Development Service District from Suburban Estate to Mixed Use Activity Center. Said property, approximately 2.58 acres of land is located on the west side of Carrollton Boulevard (Rt. 17), south of Cedar Grove Road (Rt. 661) in the Newport Election District. The proposed use of the property is for attached single family homes. Ms. Walkup introduced the above request. She advised that the Planning Commission recommends approval conditioned that the use be for single-family homes. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Elliot Cohen, owner, advised that he is currently under contract to purchase three (3) additional lots in that vicinity in order to make up the five (5) lots. He advised that his original request was for commercial zoning; however, staff felt that Highway 17 should coincide with the Comprehensive Land Use Plan with single-family homes. He stated he felt it would be difficult to market single-family homes and he went with multiple single- family homes at that location. He stated the intent is to do away with the 8 five (5) lots that would provide five (5) access points onto Route 17 and develop a single road with parking in the rear with a pool and playground area to eliminate the possibility of children playing on Route 17. He advised that the 70-foot buffer zone would be utilized for the retention pond, but would be fountained so that it is esthetically pleasing. He advised that the existing site has two (2) run-down homes that are being rented and a third home is unoccupied and has not been taken care of. He stated that the fifth lot is a commercial piece that will be changed to multi-family zoning, if approved. He stated several individuals spoke in opposition to his request at the Planning Commission. He presented an aerial view of Sugar Hill Road and Oak Grove Road depicting one (1) driveway that would provide access to all five (5) lots and eliminating the five (5) entranceways. He stated that the Comprehensive Land Use Plan calls for a roadway system parallel to Route 17 with connectivity and he is requesting that the cul-de-sac at the end touch the property line so that when that parcel comes up for development there will be a road parallel with Route 17 to Oak Grove Road to assist with the flow of traffic. Thomas Finderson of the Newport District stated that he thought the description in the public notice was in error because it states south of Cedar Grove Road and it is actually north of Cedar Grove Road. He objected to mixed use being superimposed on a residential community of eight (8) existing homes. Interim County Attorney Burton verified that the advertisement had been correctly advertised. Chairman Ivy noted that he did not see anything concerning affordable housing, how it would connect with the Route 17 Study or any proffers. Ms. Walkup commented that the Board has not yet received a copy of the Route 17 Corridor Study. Supervisor Clark noted that the Board has an obligation to review the Route 17 Corridor Study before making any decision on changing the uses. Supervisor Clark moved the Board table the request of Elliot Cohen until the Board's November 15, 2007 meeting to allow the Board an opportunity to review the Route 17 Corridor Study. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: E. The application of Ronald B. Roussel, owner, for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002(B)(2)(a) to allow encroachment of the house and 9 yard up to 47 feet into the 100 foot Resource Protection Area Buffer, and encroachment of the 12-foot wide driveway within the entire 100 foot Resource Protection Area Buffer. The property, containing 5.32 acres of land is known as Lot 18 of Ennisdale Farms, located on the east side of Ennisdale Drive, west of Fort Huger Drive (Rt. 676) in the Hardy Election District. Ms. Walkup presented the application. She stated that the Planning Commission has recommended approval of the application with the condition that the concrete pad and driveway be moved to the right side of the house and the revised site plan has been included in the Board's agenda. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Ronald B. Roussel, applicant, requested the Board's favorable consideration of his application. Matt Krummel, Commonwealth Engineering Group, Ltd., offered to answer any questions the Board might have. Nancy Starnes, adjoining lot owner at 4243 Ennisdale Drive, commented that previously Mr. Roussel attempted to place a modular home at that sight and she wanted to ensure that he follows the rules this time. She inquired if this application is approved, does that automatically allow encroachment on the other two (2) lots? Interim County Attorney Burton advised that the action taken by the Board tonight applies only to Mr. Roussel and the other two (2) lots would have to go through a separate process. Supervisor Clark inquired if Mr. Roussel could locate his home on another area of the lot. Ms. Walkup replied that Mr. Roussel could build to the rear of the property, but it would require him to have a longer crossing and impact additional wetlands. She confirmed that the lot was created before the adoption of the Chesapeake Bay Preservation Area Ordinance. She confirmed that Mr. Roussel had initially done some clearing in the Resource Protection Area which was not permitted and he has agreed to additional plantings on the new site plan. Supervisor Bradshaw commented that the Board would be setting a precedent if it approves this application. Supervisor Brown inquired about the status of the drainfield. 10 Ms. Walkup replied that the applicant had relocated the septic tank and has now met all of the requirements requested by the Planning Commission. Supervisor Clark inquired what are the Board's options with respect to this lot. Ms. Walkup replied if the Board feels that the applicant has met the requirements to prove hardship; that the applicant has accomplished the minimum necessary that is in harmony and not injurious to the adjoining property owners; and, that the application has reasonable and appropriate conditions that will protect the water quality of the stream feature. Supervisor Brown commented that the applicant has sincere efforts to meet the requirements placed upon his application. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Brown moved the Board approve the application of Ronald B. Roussel with the condition recommended by the Planning Commission that the concrete pad and driveway be moved to the right side (south side) of the house within the side setback and staff's recommendation of acceptance of the updated site plan, with the parking area to the south side of the house and the driveway re-routed as shown and revised landscaping mitigation measures to meet the development encroachment and lot-clearing violations. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: F. The application of William C. Sawyer, Sr., owner, and Travis Latimer, applicant, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional-General Commercial (C-GC) of approximately 3.143 acres of land located on the east side of Carrollton Boulevard (Route 17), south of Omera Drive in the Newport Election District. The purpose of the application is for commercial development as conditioned. Interim County Attorney Burton certified that the application had been properly advertised. Ms. Walkup presented the application. She advised that since the Planning Commission considered this application, staff has met with the applicant who has limited the uses being proposed on the property. She 11 stated all uses not crossed out are uses the applicant is requesting for a plumbing and a vehicle repair facility. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Thomas Finderson spoke in favor stating that Mr. Latimer is a honest and professional businessman; however, he would request that Mr. Latimer proffer an auto repair use. Bill Rainy, Site Improvement Associates, advised that he met with Planning and Zoning staff and identified several weaknesses, which have now been addressed. He advised that the RPA is approximately 1,500 feet away from this site and his firm has been authorized to do a report which will be part of the site plan approval, should the application be approved. He stated the applicant has also agreed on a pathway across the site. He advised that the applicant has agreed to do everything that Planning and Zoning staff have requested be done in the site plan. Approximately ten (10) people in the audience rose and stood in favor of the application. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark commented that the Board prefers applicants to make their bests offers to the members of the Planning Commission, who are the Board's specialists in development. Supervisor Bradshaw commented that if a property owner files an application to request a change in zoning classification such as an auto repair business, then that is the only use that should be tied to that property and if a landowner desires to change the use in the future, then they should come before the Board again to rezone it to another use. Chairman Ivy noted that there are many items that still need to be addressed Supervisor Clark moved the Board table the application of William C. Sawyer, Sr. until the Board's November 15, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: G. The application of Locust Grove Partners, L.P. and E. E. Holloway, Jr. Estate, owners, and Bay Sand Company, Inc., 12 operator, for a Conditional Use Permit to allow construction and operation of two (2) borrow pits totaling approximately 56.5 acres of land located on the west side of Benns Church Boulevard (Routes 10 & 32) south of Muddy Cross Drive (Route 620), in the Windsor Election District. Chairman Ivy called for persons to speak in favor of or in opposition to the application. Jeff Gardy, Attorney, Suffolk, appeared representing the applicants. He noted that the land is located in the Agricultural and Forestal District and borrow pits are a permitted use with a Conditional Use Permit. He stated the proposed pits total approximately 56 acres and this will be a joint venture between two (2) neighbors, the Taylor's and Jones'. He advised that VDOT will be requiring that the intersection of Muddy Cross Drive and Route 10 be improved to meet VDOT standards. He stated regarding the concerns raised from the Department of Game and Inland Fisheries, it has been determined that there will be no adverse effect on the bald eagle and the barking tree frogs, but will have a positive impact on the eastern chicken turtle. He stated a Phase lA Historical Review was conducted which revealed a low possibility of any historical significance. He stated Henry Layden, the pit operator, is a County resident and the employees are also from the County. He advised that the Jones and Taylors live in front of the pits, further ensuring that it will be done correctly. He stated the Taylors will be using the pond for the preservation and attraction of wildlife and the Jones will use the pond for irrigation purposes related to their farming operation. He stated that the applicant is prepared to adhere to all of the Planning Commission's conditions, to include the hours of operation, the five (5) year rule and reclamation of the pit. Albert Burckard of Titus Point in the Newport District spoke in opposition stating that there are still those who want to strip away the very substance of our rural environment and destroy for all time the very earth we depend on for our existence. He stated disadvantages include: Loss of large tracts of land; increase of dangerous truck traffic on the County's roads and the damage these trucks cause to the roads; the sand and soil left on the roadways; and, just the single access along Muddy Cross Road. He stated that the sand will be taken away forever for private and personal gain, permanently leaving behind large and unsightly holes in the geologic fabric of the County. He stated the County is not allowed to tax the elimination of valuable and non-renewable mineral resource and there will be no gain to the citizens of the County. He stated the Board's permission to allow this irreversible open pit is not only ecologically and environmentally unsound, but it is morally wrong in that it robs us all of anon-renewable resource forever. He stated these pits are not temporary or repairable and the destruction is permanent and irreversible and it affects the groundwater for miles around. He stated the County archeological heritage will be 13 obliterated forever. He stated that land ownership should not convey the right to destroy that land and all trace of human, animal and plant life upon it. Thomas Finderson of the Newport District expressed concern with the possibility of trucks entering and exiting simultaneously due to there being only one (1) entrance into the pit. Grace Keen of 16419 Benn's Church Boulevard stated that she understands the applicant's needs and that she hoped that the needs of their neighbors will be taken into consideration and the same respect will be shown for those living across from the pit. She expressed concern with dust and noted that her home faces west, which gives them a natural flow of air from where the pit will be located. She expressed further concern that the existing wells in the area may have to be lowered as a result of the pit. She stated the most important asset of the County is the rural atmosphere and it is quickly disappearing. She stated growth in that area of the County is occurring too fast and she urged the Board to slow it down. She noted concern that the pit will have only one (1) entrance and exit, while other pits required two (2). She inquired if the applicant had had an environmental impact study conducted to determine any impact to the endangered species that are near the site. She expressed concern that artifacts in the ground need to be reclaimed. She inquired if the applicant had dedicated any land to the upgrade of Muddy Cross Road. She further inquired if there had been any investigation into whether or not there would be an affect on the mines and minerals in the ground. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright suggested that vegetation be planted on the dikes to prevent erosion; that the area be maintained by a water truck to address dust concerns; and, that all trucks are washed to keep dirt and trash off the roads. He noted that he would also like to see what the temporary office would look like. Supervisor Bradshaw inquired if a traffic impact assessment has been done on Muddy Cross Road. Ms. Walkup replied that staff was unable to obtain a traffic impact assessment from the State. Bryan Ross, Long-Range Planner, stated that he has been assured that a sign will be erected on the property advising drivers that they need to make aright-hand turn when they exit the pit onto Route 10 because they are not suppose to utilize the unimproved portion of Muddy Cross Drive. 14 Attorney Gardy stated that the pit is located in the middle of a 1,000 acre tract owned by the applicants and it will be at two (2) different locations. He stated the land will be maintained with water to eliminate the dust. He stated both studies conducted came back with no impact and the applicant is doing everything VDOT wants done. Chairman Ivy inquired if the applicants had proffered to pay for the signal at the intersection at Muddy Cross Drive and Benn's Church if it needs to be signalized. He stated it is unfair for the taxpayers to pay for the signalization. Attorney Gardy replied that there has been no mention at this time of a signal light, but the applicant does not have a problem conditioning to pay its pro-rata share of a signalization light if VDOT advises one is necessary within the lifetime of the pit. Supervisor Clark commented that Muddy Cross Drive is located outside the Development Service District and is not compatible with heavy industrial use and the surrounding land. He stated dust from the site also collects along the roadway. He stated the Board previously resolved that it was not going to allow any more new sand pits because they can only be used as retention or scenic ponds in large residential developments and the Board did not want that use to characterize that part of the County. He stated grandchildren will eventually own the property, who may not be farmers, and he can see this property being sold to build another development in the future. He stated there is not a traffic assessment study available and he is also concerned with the noise that will be emitted by the large trucks. He stated he is also concerned with the geological impact of having that many sandpits located that close together. He stated all other sandpits have two (2) enter and egress points. He stated Mr. Morgan and Mr. Turner were required to conduct a Phase I and Phase II survey for the Benn's Grant project and this applicant is not in compliance with its own cultural assessment which recommends that a Phase I survey be conducted. He stated that the Isle of Wight Historical Society also has concerns with that recommendation not being followed up on by the applicant. Supervisor Bradshaw commented that he has never been in favor of borrow pits and has never voted favorably for one in the County. Supervisor Clark moved the Board deny the application of Locust Grove Partners, L.P. and E. E. Holloway, Jr., owner and Bay Sand Company, Inc., operator. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: 15 H. An Ordinance to amend the following sections of Appendix B, Zoning: Historic Overlay (HO) District, Section 6-3006.A (Minor Exemptions) to include a change out of sign face as a minor exemption; Supplementary Use Regulations, Section 5- 5007.D (Communication Tower) to include specific regulations for antennae that are proposed for co-location on an existing tower; Supplementary Use Regulations, Section 5-5007.D (Communication Tower) to enable County officials to better evaluate the visual impacts of towers prior to public hearings; and Supplementary Use Regulations, Section 5-5007.D (Communication Tower) to replace out-dated standards and put the burden of proof on the applicant. Ms. Walkup presented the Ordinance stating its purpose is to replace outdated standards and place the burden of proof on the applicant. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor or in opposition. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND Appendix B, Zoning, of the Isle of Wight County Code WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors also seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County Code be amended as follows: 6-3006 Erection and Reconstruction of Buildings and Structures within designated Historic Districts A. Minor Exemptions 16 1. Repainting resulting in the same or substantially the same color. 2. Replacement of windows, storm windows and doors using the same materials, profile and sash configuration as existing windows, storm windows, and doors. Addition or deletion of window air conditioners. 3. Replacement of sign face which does not alter the size, type, or placement of an existing sign structure and does not significantly alter the character of the District. 4. Addition of deletion of television or radio antennas, skylights, solar collectors, or satellite dishes in locations not visible from a public street. 5. Planting of grass, trees, shrubs, but not including landscaping treatment which substantially alters the contour of a landmark site. 6. Permitted outside storage which is not visible from a public street. 7. Any interior changes to a structure. Notwithstanding the above, the Zoning Administrator shall have the authority to order that work be stopped and that appropriate application be filed for review in any case where action may produce arresting effects, extreme contrasts of materials or colors, intense colors or patterns, or incongruous details inconsistent with the character of the present structures or with the prevailing character of the surrounding historic district. 5-5007.D Communication Tower (and Associated Substation) 3. Existing structures and towers The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other free-standing structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to Federal Aviation Administration (FAA) or other applicable requirements. 17 Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co-location": a. All utilities required will be placed beneath the surface of the ground. b. Commercial wireless service co-locations shall not include facilities for transmitting or receiving signals by governmental agencies. c. All co-locations must be in compliance with Federal Communication Commission (FCC) standards for non- ionizing electromagnetic emissions. In addition, a non-ionizing electromagnetic radiation (NIER) report shall be required for any proposed co- location if an impact analysis for that co-location port was not included within the NIER report submitted at the tower approval stage. 9. Information required for conditional use permit Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, and adjacent uses. The county may required other information to be necessary to assess compliance with this section. Additionally, the applicant shall provide actual photographs of the site from all geographic directions (North, South, East, and West) and from any additional vantage point specified by the Zoning Administrator, and erect a temporary structural marker of fluorescent color, not less than ten feet in height and 2 feet in diameter, to mark the base of the proposed tower on the site. The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid-ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public 18 hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic/significant areas. In addition to the above required information, the applicant shall also submit the following: a. An engineering report from a qualified radio- frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co-location antennae and the minimum required separation distances between antennae to ensure no frequency interference. b. An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following: 1. The tower height and design including cross- section and elevation. 2. Structural mounting designs and materials list. 3. Certification that the proposed tower is compatible for co-location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate. c. The applicant shall provide copies of its co-location policy. d. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennae are no higher in elevation than necessary. e. The personal communications service carrier shall be a co-applicant for all applications. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 19 Chairman Ivy called for a public hearing on the following: L Ordinance to Amend and Reenact Section 11-6 of the Isle of Wight County Code Pertaining to the Amount of Motor Vehicle Licenses and Exemptions. Interim County Attorney Burton certified that the Ordinance had been properly advertised. He stated this will allow Deputy Sheriffs, State Police, volunteer fire and rescue squad members and paid personnel for fire and rescue within the Sheriff's Office to be exempt from paying the local license tax on one (1) vehicle. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor of or in opposition to the proposed Ordinance. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. ARTICLE IL MOTOR VEHICLE LICENSES. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has determined that in order to reduce confusion among the citizens of Isle of Wight County as to which motor vehicles are subject to the Isle of Wight County motor vehicle license tax pursuant to Chapter ll, Article II of the Isle of Wight County Code; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 11. Motor Vehicles and Traffic. Article II of the Isle of Wight County Code be amended as follows: Sec. 11-3. Required e~ nerally. For each license tax year as hereinafter provided for, every resident of the county who shall own a motor vehicle which is normally garaged, stored or parked in the county shall pay a vehicle license tax on every such motor vehicle as hereinafter provided for except as herein otherwise specifically provided. Every owner of a motor vehicle which comes subject to this article between December 5 and December 4 of the following license tax year, shall 20 pay the license tax herein prescribed and otherwise comply with the provisions of this article within thirty (30) days after becoming so subject. If a town within Isle of Wight County imposes like fees and taxes on vehicles of owners resident in the town, the owner of any vehicle subject to the fees or taxes shall be entitled, on the owner's displaying evidence that he has paid the fees or taxes, to receive credit on the fees or taxes imposed by this county to the extent of the fees or taxes he has paid to the town. Provided, however, not more than one license plate in addition to the state plate shall be required. Isle of Wight County may enter into compacts for the regional enforcement of local motor vehicle license requirements to require the owner or operator of any motor vehicle, trailer, or semitrailer to display on his vehicle a valid local license issued by another county, city, or town that is a party to the regional compact, provided that the owner or operator is required by the jurisdiction of situs, as provided in Section 58.1-3511 of the Code of Virginia (1950), as amended, to obtain and display such license. Sec. 11-3.1 Exception. Notwithstanding any other provisions of this Article II, a resident of the county who owns a motor vehicle shall not be required to pay a license tax if such motor vehicle is stored on private property for a period not in excess of sixty (60) days, for the purpose of removing parts for the repair of another vehicle. In addition, nothing in this Article II shall apply to any vehicle being held or stored by or at the direction of any governmental authority, to any vehicle owned by a member of the armed forces on active duty, or to any vehicle regularly stored within a structure. For purposes of this Section 11-3.1, the term "structure" shall have the same meaning as that ascribed to it in accordance with the Isle of Wight County Zoning Ordinance, as it may be amended from time to time. Sec. 11-4. Tax Year. The license tax year shall commence on the fifth (5~) day of December of each year and shall expire on the fourth (4~) day of December of each succeeding year. Every license tax shall become assessable on December Stn of each and every license tax year and every license issued upon the payment of the license tax thereon shall expire at the end of the license year in which the same is issued. The license taxes prescribed herein shall be paid for each license year not later than December 5~ of each and every such license tax year. Sec. 11-5. Applications; issuance. Every owner of a motor vehicle subject to this article shall make application for the license herein required to the County Treasurer at such 21 place or places as the Treasurer may designate, upon form prescribed by the Treasurer, containing the name and address of the owner and description of the motor vehicle to be licensed, and, upon such form shall appear the registration number assigned to the motor vehicle licensed hereunder and to the owner thereof. No motor vehicle subject to this article shall be locally licensed by the county unless and until the applicant for such license shall have produced satisfactory evidence to the Treasurer of the county that all personal property taxes upon the motor vehicle to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle, trailer or semitrailer personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the county. Provided, further, that no motor vehicle license shall be issued unless the tangible personal property taxes properly assessed or assessable by Isle of Wight County on any tangible personal property used or usable as a dwelling titled by the Department of Motor Vehicles owned by the taxpayer have been paid. And, provided further, that if the situs for the vehicle is within Isle of Wight County, all personal property taxes assessed by either the county or the town on said vehicle must be paid before licensure of such vehicle by either the county or the town. Sec. 11-6. Amount of tax -Generally. A license tax of Eighteen Dollars ($18.00) for each license tax year, as hereinafter provided for, is hereby imposed on each and every motorcycle, motor scooter, motorbike or other motor vehicle of like design or similar thereto to which this article is applicable, and a license tax of Twenty Dollars ($20.00) for each license tax year, as hereinafter provided for, is hereby imposed on each and every other kind and type of motor vehicle to which this article is applicable. A license tax of Ten Dollars ($10.00) for each license year, as hereinafter provided for, is hereby imposed on the following: each National Guard license plate with "NG" and each farm truck license plate with an "F". Vehicles with "Farm Use" license plates are not subject to a license fee. Local licenses may be issued free of charge for any and all of the following. (i) vehicles owned by volunteer rescue squads; (ii) vehicles owned by volunteer fire departments; (iii) vehicles owned by active members of volunteer rescue squads; (iv) vehicles owned by active members of volunteer fire departments; (v) vehicles owned by auxiliary police officers; (vi) vehicles owned by disabled veterans; and (vii) vehicles owned by former prisoners of war. In the case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the Isle of Wight County Treasurer, of their active membership, and no member shall be issued more than one such license free of charge. Sec. 11-7. Same -Proration; Refunds. 22 In no event shall an owner of a motor vehicle subject to this article be entitled to proration or refund of the license tax. Sec. 11-8. Same -Upon sale or transfer of licensed vehicle. Any owner of a motor vehicle who sells or transfers a motor vehicle subject to this article and simultaneously therewith acquires another motor vehicle subject to this article in such owner's name shall, upon application to the Treasurer on forms prescribed by the Treasurer containing the name and address of the owner, the registration number of the license previously issued for and a description of the motor vehicle for which such license had been issued and the name and address of the owner and a description of the motor vehicle so acquired to be licensed and the payment to the Treasurer of a license tax as so set forth in Section 11-6 above, be issued another license and registration number for each motor vehicle so acquired; provided, that the motor vehicle for which such license and registration number are to be issued and upon which the same are to be used shall be titled and registered in the name of the owner to whom the license and registration number was originally issued. Sec. 11-9. Records. The Isle of Wight County Treasurer shall keep a record of each license tax paid, license issued, and registration number given, along with the name and address of the owner of the motor vehicle to whom such license is issued and a description of the motor vehicle for which such license is issued. Sec. 11-10. Enforcement of article eg nerally. This article shall be enforced by the Sheriff, Deputy Sheriffs and all police officers of the county and may also be enforced by the Virginia State Police, all of whom are hereby authorized and empowered to issue the summons or notice for violations of this article. Sec. 11-ll. Arrests and warrants. Whenever any person is arrested for a violation of any provision of this article, the arresting officer shall take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify such person in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing. Such arresting officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place forthwith release him from custody. Any person refusing to give such written promise to appear shall be taken immediately by the arresting officer before an officer 23 authorized to issue criminal warrants and admit to bail in the county. Such authorized officer, if he has reasonable grounds upon which to believe that the person arrested has violated any of the provisions of this article, shall issue a warrant for such violation. The person arrested shall be released if no warrant is issued or upon entering into a recognizance with surety or giving his personal recognizance and depositing, or causing to be deposited, in cash the amount of bail required to be furnished with such judicial officer. Such judicial officer shall give an official receipt for funds so deposited. Sec. 11-12. Certain unlawful acts enumerated. It shall be unlawful for any person subject to this article: (a) To operate a motor vehicle subject to this article upon the public streets, highways and roads in the county, after December 5~ of each and every license tax year, without first paying the license tax prescribed herein; (b) To willfully violate any written promise, given in accordance with this article to appear at the time, place and before the county designated in any written summons or notice issued pursuant to and for any violation of this article and which shall be in addition to and regardless of the disposition of the charge upon which he was originally summoned; or (c) To make and file a false application for a license or a false affidavit. Sec. 11-13. Late Payments; Collections; Penalties. Any person failing to properly pay the license tax set forth herein shall be subject to late payment penalties and/or a collection fee of Thirty Dollars ($30) as may be reasonably determined by the Isle of Wight County Treasurer. Any person violating any of the provisions of this article shall be deemed guilty of a Class 4 misdemeanor (as defined by the Code of Virginia), and, upon conviction thereof, shall be punished by fine not to exceed Two Hundred Fifty Dollars ($250.00). A violation of this article may be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license tax has been paid. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: J. Ordinance to Require the Disposal of Solid Waste Collected or Generated in the County at Facilities Designated by the County. 24 Interim County Attorney Burton certified that the Ordinance had been properly advertised. He stated SPSA is requesting that the Board adopt this and the following Ordinance which have come about as a result of legal changes that have occurred in Federal law. He noted that SPSA representatives are in attendance and will be glad to answer any questions that the Board might have with respect to the ordinances. Chairman Ivy called for persons to speak in favor of or in opposition to the application. David Brandt of Norfolk presented correspondence on behalf of a number of businesses in the community who are members of the Virginia Waste Industry Association. He explained that today private waste haulers have a choice as to which landfill to take trash. He stated if flow control is approved, all trash will have to be delivered to SPSA at whatever price SPSA stipulates. He stated a trash disposal monopoly such as SPSA is insulated from competition and free markets. He stated today SPSA must compete for the solid waste generated by the private sector, which forces SPSA to keep its cost down. He stated that while flow control may enable SPSA to reduce minimal tipping fees, it does not save money for the region. He stated it only shifts the burden for funding waste disposal from one (1) sector to another with no guarantees and controls on what the price on that service will be. He stated each time SPSA runs further in debt, its solution is to increase tipping fees. He requested that the Board seriously consider the burdens to the region that flow control will impose and advise SPSA that the path to fiscal responsibility is in containing cost. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board adopt the following Ordinance: AN ORDINANCE TO REQUIRE THE DISPOSAL OF SOLID WASTE COLLECTED OR GENERATED IN THE COUNTY AT FACILITIES DESIGNATED BY THE COUNTY BE IT ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia: 1. That the County of Isle of Wight, Virginia (the "County") has found and determined and does hereby declare that: (a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the counties of Isle of Wight and Southampton have created the Southeastern Public Service Authority of Virginia ("SPSA") pursuant to the Virginia Water and Waste Authorities Act in order to carry out for their common good and the common good of 25 their citizens, the essential public service of providing for the management and disposal of solid waste in a safe, economical, and environmentally sound manner, which service is typically and traditionally a core function of local government; (b) SPSA has constructed and is operating an integrated solid waste management and disposal system for the benefit of its members including landfill operations, the production and burning of refuse-derived fuel for energy recovery, recycling programs, and public environmental education, which system has been recognized as a model of quality within the solid waste industry and among local governments; (c) The County, like each of the other cities and counties which are members of SPSA, has contracted with SPSA for long-term waste disposal services, for the payment of disposal fees in an amount sufficient to provide for the financing and operation of the regional system, and to provide for the delivery to SPSA of all or substantially all of the solid waste generated or collected by or within the County, and the form of that contract has been reviewed and declared by order of a Virginia Circuit Court to be valid, binding, and enforceable in accordance with its terms; (d) In reliance upon its contracts with the County and other members and upon the delivery of the solid waste generated within the member jurisdictions, SPSA has issued bonds in a substantial amount to finance and construct facilities and has entered into contracts with third parties to assure the safe and environmentally sound management and disposal of the solid waste, all for the benefit of the County and other SPSA members; (e) SPSA has been designated and is acting on behalf of the County and its other member jurisdictions to implement and operate programs in order to meet levels of solid waste recycling required by the laws of the Commonwealth of Virginia, and the common management and control of the region's waste is critical to the success of those programs and to the ability of the County to meet the requirements of Virginia law; (f) The assurance of the continued supply of all or substantially all of the solid waste generated within the County and the other SPSA member localities is necessary for the successful fulfillment of SPSA's public mission and is necessary to and in the best interest of the County and its citizens, notwithstanding any anticompetitive effects; (g) The County reaffirms its commitment to support and participate in SPSA's operation of an integrated regional solid waste disposal system to provide for the benefit of the County and its citizens a safe, environmentally sound, reliable and economical program capable of meeting long-term disposal needs, complying with state recycling requirements and carrying out the public's desire for recycling services; 26 (h) It is both necessary and appropriate that the County comply with the conditions and commitments of its existing contract with SPSA to deliver or cause to be delivered to SPSA all or substantially all of the solid waste generated or collected by or within the County; (i) Other waste disposal facilities, including privately owned facilities and regional facilities are (i) unavailable; (ii) inadequate; (iii) unreliable; or (iv) not economically feasible, to meet the current and anticipated needs of the County and its citizens for waste disposal capacity; (j) This ordinance is necessary to ensure the availability of adequate financing for the continuing construction, expansion or closing of the County's facilities, including facilities owned and/or operated by SPSA, of which the County is a member, and the costs incidental or related hereto, and to provide to the County and other members of SPSA a convenient and effective way to finance SPSA's integrated package of waste disposal services; (k) The adoption of an ordinance to require the disposal of solid waste collected or generated within the County at facilities designated by it is in the best interests of its citizens, and is necessary to the provision of an essential public service; (1) The power of the County to adopt this ordinance is granted by Section 15.2-931 of the Virginia Code, and alternatively was and is granted as an express or necessarily implied power under the Act, specifically by Section 15.1-1269 of the Virginia Code and its successor Section 15.2-5147; and (m) The County, relying on and exercising the powers granted to the County to contract for disposal of, and to designate in its discretion disposal facilities for, all of the solid waste generated or collected by or within the jurisdiction of the County or under the control of the County, entered into is contract with SPSA for long-term disposal services, creating contractual obligations that under Virginia law cannot be impaired by subsequent action of the General Assembly; and (n) The County affirms and reserves its power under the Virginia Water and Waste Authorities Act to contract with SPSA for the disposal of solid waste, and to grant to SPSA the right to dispose of all of the solid waste generated or collected by or within the jurisdiction of the County or under the control of the County, and the necessarily implied power to adopt ordinances necessary to give effect to such power to contract, without having to make specific findings after a public hearing. 2. There shall be added to the Isle of Wight County Code the following: 27 Article VIII. Disposal of Solid Waste Sec. 8-29. Disposal of Solid Waste collected or generated in the Coun (a) No person shall operate a private solid waste collection business within the County without first obtaining a permit from the director of public works or his designee. (b) All solid waste generated or collected within the County shall be disposed of only at the facilities of the Southeastern Public Service Authority of Virginia or such facilities designated by the director of public works or his designee. (c) Subsection (b) shall not apply to: (1) Solid waste generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or solid waste-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. (2) Recyclable materials, which are those materials that have been source-separated by any person or materials separated from solid waste by any person for utilization in both cases as a raw material to be manufactured into a product other than fuel or energy. (3) Construction debris to be disposed of in a landfill. (4) Waste oil. (d) Subsection (b) shall not prevent or prohibit disposal of solid waste at any facility which was issued a solid waste management facility permit by an agency of the Commonwealth on or before July 1, 1991, or for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Virginia Department of Environmental Quality in accordance with Section 10.1-1408.1 B of the Virginia Code on or before December 31, 1991. (e) It shall be unlawful for any person to dispose of solid waste generated or collected within the County at any place other than those designated pursuant to subsection (b). The director of general services or his designee following a hearing may revoke a permit to operate a private solid waste collection business obtained under subsection (a) for failure to comply with this Section, and shall have the power to seek and obtain injunctive 28 relief from a court of competent jurisdiction to prevent violations of this Section, without a showing of irreparable harm. Operating a private solid waste collection business without a permit as required herein shall be a misdemeanor, punishable by a fine of $500.00, with each day in violation constituting a separate offense. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy called for a public hearing on the following: K. Ordinance to Amend and Reenact the Isle of Wight County Code by Adding a New Article VIII, "Disposal of Solid Waste, " to Chapter 8, Section 8-29, "Disposal of Solid Waste Collected or Generated in the County". Interim County Attorney Burton certified that the Ordinance had been properly advertised. He stated these provisions are part of the first ordinance and are the ones that will be put officially into the County Code. He recommended that the Board adopt the Ordinance. Chairman Ivy called for persons to speak in favor of or in opposition to the application. No one appeared and spoke in favor or in opposition to the proposed Ordinance. Chairman Ivy closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY ADDING A NEW ARTICLE VIII, "DISPOSAL OF SOLID WASTE", TO CHAPTER 8, SECTION 8-29 "DISPOSAL OF SOLID WASTE COLLECTED OR GENERATED IN THE COUNTY" WHEREAS, the Isle of Wight County Board of Supervisors is concerned about the disposal of solid waste collected or generated in the County. And WHEREAS, the Isle of Wight County Board of Supervisors believes that it is in the best interest of the citizens of the County to adopt a flow control ordinance. 29 NOW THEREFORE BE IT RESOLVED, by the Isle of Wight County Board of Supervisors that Chapter 8, Garbage, Weeds and Liter, be amended and reenacted to read as follows: Article VIII. Disposal of Solid Waste Sec. 8-29. Disposal of Solid Waste collected or generated in the County. (a) No person shall operate a private solid waste collection business within the County without first obtaining a permit from the director of public works or his designee. (b) All solid waste generated or collected within the County shall be disposed of only at the facilities of the Southeastern Public Service Authority of Virginia or such facilities designated by the director of public works or his designee. (c) Subsection (b) shall not apply to: (1) Solid waste generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or solid waste-derived fuels for sale to a person other than any entity controlling, controlled by or under the same control as the manufacturer, miner, processor, refiner or converter. (2) Recyclable materials, which are those materials that have been source-separated by any person or materials separated from solid waste by any person for utilization in both cases as a raw material to be manufactured into a product other than fuel or energy. (3) Construction debris to be disposed of in a landfill. (4) Waste oil. (d) Subsection (b) shall not prevent or prohibit disposal of solid waste at any facility which was issued a solid waste management facility permit by an agency of the Commonwealth on or before July 1, 1991, or for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Virginia Department of Environmental Quality in accordance with Section 10.1-1408.1 B of the Virginia Code on or before December 31, 1991. (e) It shall be unlawful for any person to dispose of solid waste generated or collected within the County at any place other than those designated pursuant to subsection (b). The director of general services or his designee following a hearing may revoke a permit to operate a private solid waste collection business obtained under subsection (a) for failure to 30 comply with this Section, and shall have the power to seek and obtain injunctive relief from a court of competent jurisdiction to prevent violations of this Section, without a showing of irreparable harm. Operating a private solid waste collection business without a permit as required herein shall be a misdemeanor, punishable by a fine of $500.00, with each day in violation constituting a separate offense. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Clark moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Clark moved that the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Board Comments. Supervisor Clark commented on inaccurate comments in the September 19, 2007 edition of The Smithfield Times regarding the Benn's Grant project. He clarified that the Board did not spend $250,000 to assist the developer in refining the road plans; that the Board had not hired consultants to assist a developer in getting a project approved; and, that staff meetings had been facilitated and not secret meetings between the developer and certain appointed elected officials. // Chairman Ivy called for the County Attorney's report. Interim County Attorney Burton advised that the changes requested by the Board at its September 6, 2007 meeting have been incorporated into the By-Laws of the Wetlands Board. He stated if the changes are acceptable, he would recommend that the Board approve the By-Laws. Supervisor Wright moved that the Board accept the By-Laws of the Wetlands Board and that Chairman Ivy meet and discuss the By-Laws with 31 the Chair of the Wetlands Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney advised that he had two (2) items for discussion with the Board in Closed Meeting. // Chairman Ivy called for the Community Development report. Ms. Walkup presented the Final Report of the Isle of Wight County Task Force on Workforce Housing, which has been reviewed and recommended by the Planning Commission with the condition that the Workforce Housing Program be voluntary as opposed to mandatory. She noted the next step is to implement the recommendations of the Workforce Housing Report which include a number of changes in the Zoning Ordinance which would create an affordable dwelling unit program; put into effect waivers for fees; and, most importantly, put in place the steps necessary to create the program. She advised that staff, in conjunction with the Planning Commission, has developed an implementation plan, as previously directed by the Board, which entails hiring a Housing Officer that would begin to implement some of the recommendations that resulted from the study. She noted that the Housing Officer would work to establish the Workforce Housing Advisory Board, as well as to put into place the Zoning Ordinance changes that would need to be made in order to make the bonus densities work, as well as create the housing trust fund. She stated that Block grants and Hazard Mitigation grants will be administered by the Housing Officer who could also administer the HOME program and indoor plumbing funds, currently under contract with the STOP organization. She noted that the Housing Officer position can be shared with the Town of Smithfield if the Board chooses. She stated the description of the position has been forwarded to the Human Resources Department and the preliminary budget has been forwarded to the Director of Budget and Finance. Chairman Ivy advised that he has contacted the Smithfield Town Manager with the request that he present the matter to the Smithfield Town Council to determine its willingness to share the cost of the Housing Officer position. Supervisor Wright advised that the Town of Windsor did not express an interest in sharing the cost of the Housing Officer position with the County. Supervisor Clark requested County Administrator Caskey to contact the Windsor Town Manager again concerning the Town's interest with respect to cost sharing. 32 Supervisor Bradshaw moved the Board accept the Final Report of the Isle of Wight County Task Force on Workforce Housing as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw further moved to accept the draft implementation strategy with the condition that it be forwarded to the Board's Finance Committee and the Director of Budget and Finance for an evaluation of the fiscal impact and recommendation to the Board for its approval of the financial impact. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Walkup presented the draft Mandatory Clustering Provisions for Isle of Wight County, which have been reviewed by the Planning Commission. She advised that the provisions apply the sliding scale approach to the by-right clustering as mandated by the State. She advised once the Board has considered the revisions, a public hearing will be conducted by the Planning Commission. Supervisor Bradshaw advised that Ms. Walkup and her staff are being praised by certain VACo members for their work on this effort. He advised that if the Board adopts the provisions, they will be used as a model ordinance for the State. He noted that the County has excellent staff and the above is reflective of their performance. Supervisor Bradshaw moved that the Board approve the draft Mandatory Clustering Provisions for Isle of Wight County, as presented by staff and direct the Planning Commission to move forward with a public hearing of the draft changes. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for the Parks and Recreation report. William L. Twine, Director of Parks and Recreation, addressed the Board concerning the October 2006 Nor' easter that overwhelmed the storm drainage system located in front of the County Museum. He stated initial efforts involved pumping water from the inside of the Museum and removal of the artifacts, which were then stored in various other locations. He stated during that time, potentially dangerous substances were identified in the Museum basement and removed; a temporary HVAC was installed; and, bids were solicited for the architectural design work to reopen and improve the Museum. He stated during the winter and early spring, staff was tasked 33 with developing a list of repair work and a wish list of changes and additions, which were then submitted to a design firm. He stated the redesigning work began in April of 2007 and the firm of Commonwealth Architects was hired in conjunction with McPherson Design Group and Roach Consulting Engineers to create and present an architectural and engineering assessment, including a structural, mechanical, electrical and plumbing assessment. He stated through the late spring and summer of 2007, renderings were reviewed and in August of 2007, the plans were presented to the Executive Board of the Museum Foundation and to the entire Foundation last evening for their input before presentation to the Board this evening. He concluded his briefing stating that staff anticipates having a plan that is 40% complete from the architects and engineers by the end of September 2007; staff will review the plans in October; and, if approved, the plans will be returned to Commonwealth Architects and a completed plan will be returned to staff by the end of November 2007. He stated if the County approves the plans, staff will be ready to go to bid by late December 2007 or early January 2008; and, the bids for approval will be sent to the Board by February 2008 with a construction contract in March 2008. He advised that reconstruction is anticipated to take approximately nine (9) months, followed by sixty (60) to ninety (90) days to get the displays, furnishing and staff moved back into the Museum. He advised that the cost of reconstruction of the Museum is anticipated to be between $574,000 and $694,000, the difference in the amounts being the result of an assessment on the building roof to determine its condition. Mr. Twine reported on the success of the recent Ag Fest, which was attended by approximately 3,500 individuals. He advised that 25 vendors and exhibitors were on-site. // Chairman Ivy called for the Emergency Services report. Joseph Russell Chase, Emergency Management Coordinator, briefed the Board on the Isle of Wight County hurricane exercise, which was held on July 19, 2007 in order to review the response capabilities of the County during the event of a hurricane event. He stated the exercise, coordinated by the County's emergency management consultant, Howlett and Associates, provided participants an opportunity to become familiar with the current Emergency Operations Plan (EOP), which will be completed in 2008. He stated the exercise focused on the response capability of the Emergency Operations Center. He stated participants included members of the County Administration Department; Sheriff's Department; Town of Smithfield; Town of Windsor; American Red Cross; and, amateur HAM operators. He stated recommendations from Howlett and Associates from this exercise include establishing a planning procedure for the next operation; include a back-up staff or second shift in training for EOC; develop forms to meet EOC planning; and, maintain IT personnel as part of the EOC staff. He 34 advised that the consultant concluded that 1) exercise participants completed all planned exercises and objectives; 2) participants identified several recommendations and action items for use in the County's future response to incidents; 3) the County can use the results of this exercise to further improve the functional process involved in an EOC response for future incidents; and, 4) that the County, when supported by all available resources, is fully capable in planning for, responding to and recovering from a significant incident. Chairman Ivy moved that the Board accept the Report and directed Mr. Chase to provide quarterly progress reports to the Board under the Consent Agenda until all action items are complete. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw recommended that Mr. Chase visit the various civic organizations, ruritan clubs, school PTA meetings and churches. Mr. Chase advised that he has already made certain contacts in an attempt to inform citizens that he is available and willing to work with them. Steven Andrew Aigner, Fire and EMS Coordinator, presented a Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds for Emergency Response Equipment for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR EMERGENCY RESPONSE EQUIPMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized submission of an application for grant funding from the Virginia Department of Health, Office of Emergency Medical Services Rescue Squad Assistance Fund; and, WHEREAS, the projects identified in the grant application benefit Emergency Medical Services in the County of Isle of Wight through the purchase of computer equipment and an Advanced Life Support (ALS) quick response vehicle; and WHEREAS, grant funds in the amount of two hundred thirty-six thousand dollars ($236,000) or so much as shall be received from the Virginia Department of Emergency Medical Services needs to be accepted 35 and appropriated to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia; and WHEREAS, funds in the amount of fifty-nine thousand dollars ($59,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 Operating Budget to fund the local cash match. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two hundred thirty-six thousand dollars ($236,000) or so much as shall be received be accepted and appropriated and that fifty-nine thousand dollars ($59,000) be appropriated from the unappropriated fund balance to the appropriate line item in the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Patrick J. Small, Assistant County Administrator, presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for an Emergency Services Vehicle for the Board's consideration. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR AN EMERGENCY SERVICES VEHICLE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase of an emergency services vehicle; and, WHEREAS, funds in the amount of up to thirty thousand dollars ($30,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that up to thirty thousand dollars ($30,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. 36 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for the County Administrator's report. John Hadfield, Executive Director, Southeastern Public Service Authority, presented a Resolution of the Board of Supervisors of Isle of Wight County Approving the Proposed Issuance of Certain Revenue Bonds by the Southeastern Public Service Authority of Virginia, A Portion of the Proceeds of the Bonds to be Used to Finance or Refinance Facilities Located in Isle of Wight County for the Board's consideration. He advised that the bond will be a seven (7) year bond versus a twenty (20) year bond. Supervisor Bradshaw inquired about the status of SPSA's finances. Mr. Hadfield replied that the financial policies adopted by the SPSA Board of Directors are being implemented at this time. Chairman Ivy inquired if flow control is approved, will localities see tipping fees reduced. Mr. Hadfield replied tipping fees will most likely be reduced in January 2009. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COIUNTY APPROVING THE PROPOSED ISSUANCE OF CERTAIN REVENUE BONDS BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION OF THE PROCEEDS OF THE BONDS TO BE USED TO FINANCE OR REFINANCE FACILITIES LOCATED IN ISLE OF WIGHT COUNTY WHEREAS, the Southeastern Public Service Authority of Virginia (the "Authority") anticipates making certain capital improvements and intends to finance or refinance such capital improvements through the issuance of one or more issues of revenue bonds in an aggregate principal amount up to $31,500,000 (the "Tax-Exempt Bonds") which bonds will 37 finance or refinance the facilities described in Exhibit A, all or a portion of which are or may be located within the County of Isle of Wight (the "County") (the "Tax-Exempt Improvements"); WHEREAS, under the Internal Revenue Code of 1986, as amended, prior to the issuance of the Tax-Exempt Bonds, the Authority must hold a public hearing and receive governmental approval of the issuance of the Tax-Exempt Bonds; WHEREAS, such governmental approval can, by virtue of the location of certain of the Tax-Exempt Improvements within the County, be given as to such improvements by the County; WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the "Local Approval Provision"), requires that, if certain authorities created pursuant to law in Virginia hold a public hearing in accordance with federal law as a prerequisite to undertaking atax-exempt financing, such authorities must receive approval for the financing from the governing bodies of the localities in which the improvements to be financed are to be located; WHEREAS, the Authority is an authority subject to the Local Approval Provision; WHEREAS, on September 7, 2007, the Authority held a public hearing (the "Hearing") regarding the issuance of the Tax-Exempt Bonds pursuant to a notice of public hearing published twice, on August 25, 2007 and September 1, 2007, the last such date being not less than six days after the second publication of such notice; WHEREAS, the Authority has provided to the Board of Supervisors the following. (i) a reasonably detailed summary of the comments, if any, expressed at the Hearing; (ii) a fiscal impact statement concerning the Tax- Exempt Bonds in the form specified in Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and recommendation that the County Council approve the issuance of the Tax-Exempt Bonds; WHEREAS, failure of the Board of Supervisors to adopt this Resolution may result in the Authority's issuance of taxable debt to finance the Tax-Exempt Improvements; and WHEREAS, the Board of Supervisors has determined to approve the issuance of the Tax-Exempt Bonds; now, therefore, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, as follows: 38 Section 1. The Board of Supervisors hereby approves the issuance by the Authority of the Tax-Exempt Bonds. Section 2. This Resolution shall take effect immediately. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Joyelle Saunders, CASA Coordinator, reported on the swearing in of six (6) new volunteers and two (2) interns. She advised that following the training of new volunteers, which will occur next week, staff will be able to accept new cases. She advised that she was recently appointed to the State CASA Task Force for Confidentiality. She advised that Judges Brewbaker and Harris have expressed an interest in expanding the program into Franklin and Southampton County and staff has determined that there is a need for such a program in those localities. She advised that following Judge Brewbaker's contact with the government officials in those localities, staff will initiate a meeting between those local government officials and the Judges to discuss the program and facilitate a smooth transition into those localities. She advised that the County has been awarded a $1,500 grant, which will assist with the purchase of a lap-top computer and help develop a website, which will assist with community outreach and volunteer recruitment. She advised that staff is also working with regards to an application for non-profit status, which will allow greater and more diverse resources in the community, greater flexibility and allow staff to serve a larger demographic in the other communities. She advised that Assistant County Attorney Popovich will be assisting with the compilation of the Articles of Incorporation and the By-Laws, as well as the filing of all necessary forms to the State Commission and IRS. She advised that staff will be returning to the Board with recommendations for a new name for the CASA program and persons are currently being screened to serve on the Board of Directors, whose primary function will be to set up policy and fundraising efforts. She advised that the Fund Development Plan contained in the Board's agenda does reflect support in the amount of $1.00 per capita from the localities served by the program. County Administrator Caskey presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Western Tidewater Regional Jail for the Board's consideration. Supervisor Wright moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR WESTERN TIDEWATER REGIONAL JAIL 39 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved short term financial assistance to the Western Tidewater Regional Jail; and, WHEREAS, funds in the amount of thirty-one thousand dollars ($31,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty-one thousand dollars ($31,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark reported that the Jail has been adversely affected by the State's reclaiming of funds formerly received for the housing of Federal inmates which, in turn, has caused the Jail's budget to be depleted to the point that the Jail is now requiring regular local contributions from its member jurisdictions. He stated that the other participating jurisdictions need to also make their respective appropriations. He stated the financial condition of the Jail is not the fault of the current or past Superintendent or his staff. He reminded the Board that the former Jail Superintendent had been advising the Board for the past two (2) years that this day was coming. Supervisor Bradshaw moved that the Board direct staff to send a letter to the other participating localities notifying them that the County has adopted the above Resolution; that the Board requests those jurisdictions to also provide funding due to the current financial situation of the Western Tidewater Regional Jail Authority; and, that the County encourages the other participating jurisdictions to create a reserve for the Jail. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, offered to address any questions regarding the County's 2008 Legislative Priorities, as contained in the agenda. 40 Supervisor Clark requested that Mr. Robertson work with him in regards to developing appropriate language to add statutory authority for Judges to take certain cases under advisement to the Priority List and that it be placed under the Board's Consent Agenda for consideration at its October 4, 2007 meeting. Supervisor Wright moved that staff be directed to develop a resolution of support for the banning of plastic bags for the Board's consideration at its October 4, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for consideration of the Consent Agenda. A. Fort Huger - Final Nomination Application for Virginia Landmarks Register and National Register of Historic Places B. Donation of Emergency Equipment to Fire Department Resolution of Gift of Rescue Boats, Motors, Trailers and Related Accessories to Each of the County's Volunteer Fire Departments for Use in Providing Water Rescue Services C. Satellite Telephones D. Centralized Tourism Event Calendar E. Monthly Financial Reports for County and Schools F. Delinquent Real Estate Tax Collection Monthly Report G. August 16, 2007 Regular Meeting Minutes Supervisor Wright moved that the Board adopt the Consent Agenda, as presented The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Appointments. Chairman Ivy moved that the Board accept the resignation of Kelly Barlow on the Events Committee. The motion was adopted by a vote of (5- 41 0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved that the Board appoint Debbi Gatti to serve on the Events Committee representing the Smithfield District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board reappoint Bryan Babb to serve on the Purchase of Agricultural Conservation Easements. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board reappoint Pete Carr to serve on the Purchase of Agricultural Conservation Easements. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Old Business. There was no old business offered for discussion by the Board. // Chairman Ivy called for New Business. Supervisor Wright advised that the County recently purchased property from International Paper on which the Windsor Hunting Club has hunted on since 1947. He advised that the Club currently consists of 20 members and pursuant to a request by the Club's Vice-President, the County Attorney has prepared an appropriate License Agreement, which will allow the Windsor Hunting Club to continue hunting on the property. Supervisor Wright moved that the Board approve the License Agreement with the Windsor Hunting Club and authorize the Chairman to sign it on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw notified the Board of a new advisory on mercury levels in the Blackwater River and its tributaries. 42 Supervisor Bradshaw moved to direct staff to review the recent advisory and advise the Board relative to any impact to the County, to include any recommendations that the Board may need to take. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to the Help America Vote Act, Supervisor Bradshaw moved that the Board direct staff to review the new information that has come out with respect to the Act and advise of any impact it will have on the County, to include any recommendations to the Board with respect to actions that should be taken. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark inquired about the status of the County's Proffer Study. Ms. Walkup responded that due to limited staff resources, she would recommend that an update to the Proffer Study be contracted out. Supervisor Clark moved that the Board direct staff to advise the Board how to proceed in updating the Study, to include an escalation clause to address inflation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark commented that the present level of compensation to Planning Commission member is not sufficient for the amount of time spent by the Commissioners. He stated that the members attend subcommittee meetings in addition to regularly scheduled meetings and they should be compensated for that, as well. Supervisor Clark moved that staff be directed to review and come back with a recommendation of compensation for the Planning Commission members. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark noted a conflict with his schedule and the Board's December meeting date. He requested the Board select an alternative date. County Administrator Caskey recalled that the Board's annual Retreat has been set for December 3, 2007 at 4:00 p.m. at The Smithfield Center. Supervisor Clark moved that the Board only hold one (1) regular meeting in the month of December and that it be held at 4:00 p.m. on December 13, 2007. The motion was adopted by a vote of (5 -0) with 43 Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised the Board that staff would develop appropriate resolutions relative to the Board's retreat being held on December 3, 2007 at 4:00 p.m. at The Smithfield Center and that the Board would be holding only one (1) regular meeting in December, 2007, which will be on December 13, 2007 at 4:00 p.m. Chairman Ivy moved that the Board, at least on a quarterly basis, be provided a report depicting approved residential lots that have not been developed. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to certain agreements; pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Western Tidewater Water Authority; and, pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to Tyler's Beach. Supervisor Wright moved that the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 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 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WI~REAS, 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, 44 WI~REAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. V(~TR AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS : 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action taken by the Board following the Closed Meeting. // At 10:50 p.m., Supervisor Bradshaw moved that the Board adjourn its 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. Thomas R Ivy, Chairman Carey Mills Storm, Clerk 45 AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING; 0 There was no action taken by the Board following the Closed Meeting. // At 14:50 p.m., Supervisor Bradshaw moved that the Board adjourn its 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. P Carey ills torm, Clerk r Thomas R. I ,Chairman ti ~