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10-15-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice- Chairman Al Casteen Stan D. Clark Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Chairman Brown called the meeting to order at 6:00 p.m. and delivered the invocation. // // // The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Administrator's Report, add a joint locality RFP for Residential Recycling Services, involving Isle of Wight County, City of Franklin and Southampton County; under the Consent Agenda, add a quarterly Economic Development report; under the County Attorney's report, add consideration for a public hearing to amend the SPSA bylaws; and, under the County Attorney's Report, add two (2) closed meeting items, both regarding the acquisition of real property. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for Special Presentations /Appearances. Pamela Barton, Director of Isle of Wight Department of Social Services, provided information on the Homeless Prevention Rapid Re- Housing (HPRP) Program and the planned regional effort between the Departments of Social Services in Isle of Wight, Franklin and Southampton. 1 Matthew Potts, Marketing Strategist, Terra Firma Marketing, briefed the Board relative to a Section 8 outreach program being conducting on behalf of the Virginia Housing Development Authority (VHDA). // Chairman Brown called for Regional Reports. Regarding the VACo Board of Directors, Supervisor Bradshaw reported that there will be further significant reductions in the State budget that will be passed on to localities. Regarding the Western Tidewater Regional Jail Authority, Chairman Brown reported that there will be a strategic meeting on December 9, 2009 at the Economic Development Center in Suffolk. He reported that the State budget will reflect a reduction for regional jails in the amount of 6.9 %. Regarding the Finance Committee, Supervisor Bradshaw reported that the Committee is awaiting the year end audit report. He noted that the Commissioner of Revenue and Treasurer will continue to keep the Committee apprised of the County's financial condition with respect to revenues. He stated that reductions from the State are anticipated to be significant. Regarding the Small Business Committee, Supervisor Bradshaw requested staff to provide a status report of that Committee's progress under the Consent Agenda. County Administrator Caskey recognized Don Robertson who was a recipient of a Distinguished Public Service Award at the 27 Annual Conference of Minority Public Administrators. 1/ MacFarland Neblett, VDOT Residency Administrator, responsive to a letter received by Chairman Brown, advised the Board that VDOT has recently mailed out notification letters to candidates informing them not to place political signs in State right -of -ways. Responsive to Supervisor Wright, Mr. Neblett advised that VDOT has marked the location of the roots growing into the roadway on Orbit Road and will return to repair those locations as the opportunity presents itself. Chairman Brown called for Transportation Matters. Chairman Brown called for Citizens Comments. 2 Herb DeGroft, 15411 Mill Swamp Road, addressed the Board regarding the need for County governments and School Boards to achieve efficiency by consolidating functions. He noted that it is critical to use tax dollars efficiently and effectively to meet the needs of the County and the citizens. /1 Chairman Brown called for Board comments. Supervisor Bradshaw commented that he has proposed the consolidation of services from a regional statewide perspective to the Governor. He stated that he had also spoke with the Governor about the consolidation of services in his budget where there are multiple layers of government. He added that the Governor is encouraging VACo and VML to support categorical funding in the school budget. He suggested that the Board, at its retreat, will discuss the creation of a task force to review potential areas for consolidation and that a school representative be invited to the Board's Retreat. Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented for the Board's consideration the Manatron contract for the ProVal software appraisal system. Supervisor Clark moved that the Chairman be authorized to execute the contract received from Manatron for the purchase of the ProVal Software Appraisal System. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Interim County Attorney Burton presented an amendment to the Wampler -Eanes contract for the Board's consideration. Supervisor Clark moved that the Chairman be authorized to execute the amendment to the contract with Wampler -Eanes to complete the conversion process from the CAMRA software to the ProVal Software Appraisal System. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Interim County Attorney Burton requested authorization to advertise for public hearing an amendment to the Southeastern Public Service Authority Bylaws. 3 Supervisor Wright moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's December 17, 2009 meeting or sooner, if possible. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had four (4) matters to discuss with the Board later during the closed meeting. At 7:00 p.m., 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Appendix B -2. Coastal Primary Sand Dune Zoning Interim County Attorney Burton advised that .State law requires that what is provided by statute must be adopted by localities. He advised that the Ordinance has been properly advertised and he recommended that the Board adopt it following the public hearing tonight. Chairman Brown called for persons to speak in favor of or in opposition to the proposed amendments. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY ENACTING APPENDIX B -2. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE WHEREAS, the Isle of Wight County Board of Supervisors has adopted a wetlands zoning ordinance pursuant to Section 28.2 -1302 of the Code of Virginia (1950, as amended); and 4 WHEREAS, the Virginia General Assembly has granted the authority to counties that have adopted a wetlands zoning ordinance in accordance with the Code of Virginia to adopt a coastal primary sand dune ordinance; and WHEREAS, the Isle of Wight County Board of Supervisors is environmentally conscious and wishes to seek any and all avenues in which to protect and promote our natural resources and environment. NOW, THEREFORE, BE IT ORDAINED that the Isle of Wight County Board of Supervisors hereby amends and reenacts the Isle of Wight County Code by enacting Appendix B -2. Coastal Primary Sand Dune Zoning Ordinance as follows: APPENDIX 13-2. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE Article 1. Title, Authority and Definitions. § 1000. Title. § 1001. Authority. § 1002. Definitions. Article 2. Permitted Uses. § 2000. Permitted Uses. Article 3. Permitting Procedures. § 3000. Generally. § 3001. Freedom of Information. § 3002. Public Hearing. § 3003. Approval. § 3004. Compliance Bond. Article 4. Wetlands Board Review. § 4000. Responsibilities. § 4001. Basis for Decisions. § 4002. Commission Review. § 4003. Permit Issuance. § 4004. Permit Expiration. § 4005. Permit Affect. Article 5. Violations, Injunctions and Penalties. § 5000. Violations. 5 § 5001. Injunctions. § 5002. Penalties. Article 1. Title, Authority and Definitions. Sec. 1000. Title. This ordinance shall be known and referenced as the "Coastal Primary Sand Dune Zoning Ordinance" of Isle of Wight County, Virginia. Sec. 1001. Authority. The governing body of Isle of Wight County, acting pursuant to Chapter 14, Section 28.2 -1400 et seq.) of Title 28.2 of the Code of Virginia, adopts this ordinance regulating the use and development of coastal primary sand dunes. Whenever coastal primary sand dunes are referred to in this ordinance, such references shall also include beaches. Sec. 1002. Definitions As used in this ordinance, unless the context requires a different meaning: a. Beach means the shore line zone comprised of unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of storm waves), or the nearest impermeable man -made structure, such as a bulkhead, revetment, or paved road. b. Coastal primary sand dune or dune means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirena); Japanese sedge or Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon virginicus); and short dune grass (Panicum amarum). For the purpose of this ordinance, "coastal primary sand dune" shall not include any mound of sand, sandy soil, or dredge spoil deposited by any person for the purpose of temporary storage, beach replenishment or beach nourishment, nor shall the slopes of any such mound be used to determine the landward or lateral limits of a coastal primary sand dune. 6 c. Commission means the Virginia Marine Resources Commission. d. Commissioner means the Commissioner of Marine Resources. e. County means the governing body of Isle of Wight County. f. Governmental activity means any of the services provided by the Commonwealth or a county to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing, and maintaining roads; providing street lights and sewage facilities, supplying and treating water; and constructing public buildings. g. Wetlands board or board means the Isle of Wight County Wetlands Board created pursuant to Section 28.2 -1303 of the Code of Virginia (1950, as amended). Article 2. Permitted Uses. Sec. 2000. Permitted Uses. The following uses of and activities in dunes are authorized if otherwise permitted by law: a. The construction and maintenance of noncommercial walkways which do not alter the contour of the coastal primary sand dune; b. The construction and maintenance of observation platforms which are not an integral part of any dwelling and which do not alter the contour of the coastal primary sand dune; c. The planting of beach grasses or other vegetation for the purpose of stabilizing coastal primary sand dunes; d. The placement of sand fences or other material on or adjacent to coastal primary sand dunes for the purpose of stabilizing such features, except that this provision shall not be interpreted to authorize the placement of any material which presents a public health or safety health; e. Sand replenishment activities of any private or public concern, provided no sand shall be removed from any coastal primary sand dune unless authorized by lawful permit; f. The normal maintenance of any groin, jetty, riprap, bulkhead, or other structure designed to control beach erosion which may abut a coastal primary sand dune; 7 g. The normal maintenance or repair of existing roads, highways, railroad beds, and facilities of the United States, this Commonwealth, the county, or of any person, provided no coastal primary sand dunes are altered; h. Outdoor recreational activities, provided the activities do not alter the natural contour of the coastal primary sand dune or destroy the vegetation growing thereon; i. The conservation and research activities of the Commission, Virginia Institute of Marine Science, Department of Game and Inland Fisheries, and other conservation - related agencies; j. The construction and maintenance of aids to navigation which are authorized by governmental authority; k. Activities pursuant to any emergency declaration by the governing body or Governor of the Commonwealth or any public health officer for the purposes of protecting the public health and safety; and 1. Governmental activity in coastal primary sand dunes owned or leased by the Commonwealth or a political subdivision thereof. Article 3. Permitting Procedures. Sec. 3000. Generally. a. Any person who desires to use or alter any coastal primary sand dune within this County, other than for the purpose of conducting the activities specified in Section 2000 of this Ordinance, shall first file an application directly with the Wetlands Board or with the Commission. b. The permit application shall include the following: (I) Name and address of the applicant; (2) A detailed description of the proposed activities; (3) A map, drawn to an appropriate and uniform scale, showing the area of dunes directly affected, the location of the proposed work thereon, the area of the proposed fill and excavation, the location, width, depth and length of any disposal area, the location of all existing and proposed structures, sewage collection and treatment facilities, utility installations, roadways, and other related appurtenances or facilities, including those on adjacent uplands; (4) A description of the type of equipment to be used and the means of equipment access to the activity site; (5) The names and addresses of owners of record of adjacent land 8 (6) Estimate of cost; (7) The primary purpose of the project; (8) Any secondary purposes of the project, including further projects; (9) The public benefit to be derived from the proposed project; (10) A complete description of measures to be taken during and after the alteration to reduce detrimental offsite effects; (11) The completion date of the proposed work, project, or structures; and (12) Any such additional materials and documentation as the Wetlands Board may require. c. A nonrefundable processing fee shall accompany each permit application. The fee shall be set by the applicable governing body with due regard for the services to be rendered, including the time, skill, and administrator's expense. No person shall be required to file two (2) separate applications for permits if the proposed project will require permits under this ordinance and Chapter 17 (Wetlands Zoning) of this Code. Under those circumstances, the fee shall be established pursuant to this ordinance. Sec. 3001. Freedom of Information. All applications, maps, and documents submitted shall be open for public inspection at the Isle of Wight County Department of Planning and Zoning. Sec. 3002. Public Hearing. Not Iater than sixty (60) days after receipt of a complete application, the Wetlands Board shall hold a public hearing on the application. The applicant, local governing body, Commissioner, owner of record of any land adjacent to the coastal primary sand dunes in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the State Water Control Board, the Department of Transportation, and any governmental agency expressing an interest in the application shall be notified of the hearing. Notices shall be mailed not less than twenty (20) days prior to the date set for the hearing. The Wetlands Board shall also cause notice of the hearing to be published at least once a week for two (2) weeks prior to such hearing in a newspaper of general circulation in this county. The costs of publication shall be paid by the applicant. Sec. 3003. Approval. a. Approval of a permit application shall require the affirmative vote of three (3) members of a five - member board or four (4) members of a seven - member board. b. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Any person may appear and be heard at the public hearing. Each witness at the hearing may submit a concise written statement of his testimony. The board shall make a record of proceeding, which shall include the application, any written statements of witness, a summary of statements of all witness, the findings and decision of the board, and the rational for the decision. c. The board shall make its determination within thirty (30) days of the hearing. If the board fails to act within that time, the application shall be deemed approved. Within forty -eight (48) hours of its determination, the board shall notify the applicant and the Commissioner of its determination. If the board fails to make a determination within the thirty- (30) day period, it shall promptly notify the applicant and the Commission that the application is deemed approved. d. If the board's decision is reviewed or appealed, the board shall transmit the record of its hearing to the Commissioner. Upon a final determination by the Commission, the record shall be returned to the board. The record shall be open for public inspection at the Isle of Wight County Department of Planning and Zoning. Sec. 3004. Compliance Bond. The board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it, securing to the County compliance with the conditions and limitations set forth in the permit. The board may, after a hearing held pursuant to this ordinance, suspend or revoke a permit if the applicant has failed to comply with any of the conditions or limitations set forth in the permit or has exceeded the scope of the work described in the application. The board may, after a hearing, suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application. Article 4. Wetlands Board Review. Sec. 4000. Responsibilities. In fulfilling its responsibilities under this ordinance, the board shall preserve and protect coastal primary sand dunes and beaches and prevent their despoliation and destruction. However, whenever practical, the board 10 shall accommodate necessary economic development in a manner consistent with the protection of these features. In deciding whether to grant, grant in modified form, or deny a permit, the board shall consider the following: a. In deciding whether to grant, grant in modified form, or deny a permit, the board shall consider the following: (1) The testimony of any person in support of or in opposition to the permit application; (2) The impact of the proposed development on the public health, safety, and welfare, and (3) The proposed development's conformance with standards prescribed in Section 28.2 -1408 of the Code of Virginia (1950, as amended) and guidelines promulgated pursuant to Section 28.2 -1401 of the Code of Virginia (1950, as amended). met: Sec. 4001. Basis for Decisions. b. The board shall grant the permit if all of the following criteria are (1) The anticipated public and private benefit of the proposed activity exceeds its anticipated public and private detriment. (2) The proposed development conforms with the standards prescribed in Section 28.2 -1408 of the Code of Virginia (1950, as amended) and guidelines promulgated pursuant to Section 28.2 -1401 of the Code of Virginia (1950, as amended). (3) The proposed activity does not violate the purposes and intent of this ordinance or Chapter 14, Section 28.2 -1400 of Title 28.2 of the Code of Virginia. c. If the board finds that any of the criteria listed in subsection (b) of this section are not met, the board shall deny the permit application but allow the applicant to resubmit the application in modified form. Sec. 4002. Commission Review. a. The Commissioner shall review all decisions of the Wetlands Board and request the Commission to review a decision only when he believes the board failed to fulfill its responsibilities under the Coastal Primary Sand Dune Zoning Ordinance. 11 b. The Commission shall review a decision of the Wetlands Board when any of the following events occur: (1) An appeal is taken from the decision by the applicant or by the County. (2) The Commissioner requests the review. In order to make the request, the Commissioner shall notify the board, applicant, and County within ten (10) days of receiving notice of the board's decision. (3) Twenty -five (25) or more freeholders of property within the County sign and submit a petition to the Commission requesting the review. The petition shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under the Coastal Primary Sand Dune Zoning Ordinance. c. All requests for review or appeal shall be made within ten (10) days of the date of the board's decision. The Commission shall hear and decide the review or appeal within forty-five (45) days of receiving the request for review or notice of appeal. A continuance may be granted by the Commission on a motion of the applicant, the freeholders specified in subsection (a) of this section, or the County. Sec. 4003. Permit Issuance. a. The permit shall be in writing, signed by the chairman of the board, and notarized. A copy of the permit shall be transmitted to the Commissioner. b. No permit shall be issued until the period within which a request for review or an appeal to the Commission may be made has expired. If a request for review is made or an appeal is noted, no activity for which the permit is required shall be commenced until the Commission has notified the parties of its determination. Sec. 4004. Permit Expiration. No permit shall be granted without an expiration date established by the board. Upon proper application, the board may extend the permit expiration date. Sec. 4005. Permit Affect. No permit granted by the Wetlands Board shall in any way affect the right of any person to seek compensation for any injury in fact incurred by him because of the permitted activity. Article 5. Violations, Injunctions and Penalties.. 12 Sec. 5000. Violations. Any person who knowingly, intentionally, or negligently violates any order, rule, or regulation of the Commission or Wetlands Board, any provision of Chapterl4, Article 2 of Title 28.2 of the Code of Virginia or of this Coastal Primary Sand Dune Zoning Ordinance enacted pursuant to Chapter 14, Article 2 of Title 28.2 of the Code of Virginia, or any provision of a permit granted pursuant to Chapter 14, Article 2 of Title 28.2 of the Code of Virginia is guilty of a Class I misdemeanor. Following a conviction, every day the violation continues is a separate offense. Sec. 5001. Injunctions. Upon the petition of the Commission or the Wetlands Board to the Circuit Court of Isle of Wight County, Virginia, the court may enjoin the unlawful act and order the defendant to take any steps necessary to restore, protect, and preserve the dunes or beaches involved. This remedy shall be exclusive of and in addition to any criminal penalty which may be imposed under Section 28.2 -1418. Sec. 5002. Penalties. a. Without limiting the remedies which may be obtained under this Appendix B -2, any person who violates any provision of this Appendix B -2 or who violates or fails, negates, or refuses to obey any Commission or wetlands board notice, order, rule, regulation, or permit condition authorized by this Appendix B -2 shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring dunes or beaches therein, in such a manner as the county may, by order, direct, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury. b. Without limiting the remedies which may be obtained under this Appendix B -2, and with the consent of any person who has violated any provision of this Appendix B-2 or who has violated or failed, neglected, or refused to obey any Commission or wetlands board order, rule, regulation or permit condition authorized by this Appendix B -2, the Commission or wetlands board may provide, in an order issued by the Commission or wetland board against such person, for the one -time payment of civil charges for each violation in specific sums, not the exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection (a) of this Section. Civil charges may be in 13 addition to the cost of any restoration ordered by the Commission or a wetlands board. For state law as to authority of County to enact this Appendix, see Code of Virginia, Section 28.2 -1403. As to Wetlands Zoning, see Chapter 17 of this Code. As to Erosion and Sedimentation Control, see Chapter 6 of this Code. As to Zoning generally, see Appendix B. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code Chapter 1. General Provisions. By Enacting Section 1 -7.3 Assessment for Courthouse Construction and Renovation Interim County Attorney Burton advised that State law authorizes the collection of a $3 fee on persons convicted of being in violation of an ordinance or statute. He further advised that the Ordinance has been properly advertised and he recommends that the Board adopt it following the public hearing. Chairman Brown called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Brown closed the public hearings and called for comments from the Board. Supervisor Bradshaw moved that the following Ordinance be adopted: AN ORDINANCE TO AMENDING AND REENACTING THE ISLE OF WIGHT COUNTY CODE BY ENACTING CHAPTER 1. GENERAL PROVISIONS. SECTION 1 -7.3. ASSESSMENT FOR COURTHOUSE CONSTRUCTION AND RENOVATION. WHEREAS, Section 17.1 -281 of the Code of Virginia (1950, as amended) empowers any county, by ordinance, to assess a fee for each civil action filed in the district or circuit court and each criminal or traffic case in its district or circuit court in which a defendant is charged with a violation of any statute or ordinance for the purpose of funding courthouse construction and renovation cost; and 14 WHEREAS, the Virginia Department of General Services has properly certified that the Isle of Wight County Courthouse facilities are in noncompliance with the Virginia Courthouse Facility Guidelines, Second Edition; and WHEREAS, following a public hearing held in accordance with the Code of Virginia, the Board of Supervisors of Isle of Wight County has determined that it is in the best interest of Isle of Wight County, Virginia (the "County ") for the County to impose such a fee. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 1. General Provisions. be amended by enacting Section 1 -7.3. Assessment for Courthouse Construction and Renovation. of the Isle of Wight County Code as following: Sec. 1 -7.3. Assessment for Courthouse Construction and Renovation. Any person filing a civil action in the district court or circuit court of Isle of Wight County and any person charged with a violation of a criminal or traffic statute or ordinance in the district court or circuit court of Isle of Wight County shall be assessed a fee of Three Dollars ($3.00) as part of the costs in each court in each case. Such fee shall not be assessed in any civil action if the amount in controversy is $500 or less. This fee assessment shall be collected by the clerk of the court in which the action is filed, remitted to the Isle of Wight County Treasurer and held by the Treasurer subject to appropriation by the governing body solely for the construction, reconstruction, renovation of, or adaptive re -use of a structure for a courthouse. For state law as to authority of the Board of Supervisors to prescribe a fee for courthouse construction and renovation, see Code of Va., § 17.1- 281(C). The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 1. General Provisions, Section 1 -7.1 Court Costs Interim County Attorney Burton advised that State law authorizes the collection of a $5 fee on persons found in violation of a statute or ordinance. He further advised that the Ordinance has been properly advertised and he recommends that the Board adopt it following the public hearing. 15 Chairman Brown called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 1. GENERAL PROVISIONS. SECTION 1 -7.1. COURT COSTS. WHEREAS, Section 53.1 -120 of the Code of Virginia (1950, as amended) empowers any county, by ordinance, to assess a fee for each criminal or traffic case in its district or circuit court for which a defendant is convicted of a violation of any statute or ordinance for the purpose of funding courthouse security personnel; and WHEREAS, following a public hearing held in accordance with the Code of Virginia, the Board of Supervisors of Isle of Wight County has determined that it is in the best interest of Isle of Wight County, Virginia (the "County ") for the County to impose such a fee. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 1. General Provisions. Section 1 -7.1. Court Costs. of the Isle of Wight County Code be amended by adding the following: Sec. 1 -7.1. Court Costs. Any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district court or circuit court of Isle of Wight County shall be assessed a sum of Five Dollars ($5.00) as part of the costs in each court in each case. Effective July 1, 2007, any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district court or circuit court of Isle of Wight County shall be assessed a sum of Ten Dollars ($10.00) as part of the costs in each court in which a defendant is convicted of a violation in each case. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the Isle of Wight County Treasurer and held by the Treasurer subject to appropriation by the governing body to the sheriff's office for the funding of courthouse security personnel. 16 For state law as to authority of the Board of Supervisors to prescribe a fee for courthouse security personnel, see Code of Va., § 53.1 -120. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: Deed of Gift Easement to Virginia Outdoors Foundation Interim County Attorney Burton advised that the matter has been properly advertised which would grant a permanent open space easement for preservation of land along the edge of the County's property to provide open space to be kept in perpetuity. Chairman Brown called for persons to speak in favor of or in opposition to the Deed of Gift easement. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board approve the Deed of Gift Easement by the County to the Virginia Outdoors Foundation. The motion was adopted by a vote of (4-1) with Supervisors Bradshaw, Brown, Casteen and Clark voting in favor of the motion and Supervisor Wright voting against the motion. 1f Supervisor Bradshaw 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1! Chairman Brown called for the County Administrator's report. County Administrator Caskey stated that responsive to the Board's action to hold its retreat on November 13 -14, 2009 at the Courthouse complex, included in the agenda is a draft agenda for the Board's consideration. He noted that the Board had earlier discussed under Board 17 Comments that it would like to include the matter of potential consolidation of services to its subjects to be discussed at its retreat. County Administrator Caskey was directed to list consolidation of services first on the agenda; reprint VACo's report generated in the 1993 -94 which listed examples of consolidated services throughout the State of Virginia; reprint the interim reports done by the School Board and County in 2003/04; and, Mr. Robertson is to contact Dean Lynch to discuss the most recent strategies in the Governor's budget cuts. Supervisor Clark moved that County Administrator Caskey be directed to invite the Superintendent and School Board members to a work session in December to discuss consolidation of services. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Edwin P. Wrightson, Director of General Services, briefed the Board on staff's joint efforts with the City of Franklin and Southampton County regarding the development of a regional recycling program. He advised that Southampton County has drafted an RFP that will be solicited on behalf of the City of Franklin and Southampton County and he is seeking the Board's permission to join in on the regional recycling RFP process. Supervisor Bradshaw moved to authorize staff to participate with Southampton County and the City of Franklin in the regional RFP process for recycling services. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised that Mark P. Furlo, the County's Parks Administrator, has been reclassified as the County's new Director of Parks and Recreation and that a press release will be issued immediately. 1/ Chairman Brown called for consideration of the Consent Agenda. A. Resolution for Annual Recognition of County Youth Sport Volunteers Resolution in Support of Youth Sport Volunteers 2008 -09 Recognition Isle of Wight Ruritan Club: Water Connection Fee C. Support for John D. "Jack" Miller, Jr. 18 Resolution of Support for John D. "Jack" Miller, Jr. to Serve as Secretary/Treasurer of the Virginia Association of Counties D. Voting Credentials for the VACo Annual Business Meeting E. Additional Funding for Real Estate Assessment Software Resolution to Appropriate Funds to Enhance the Real Estate Assessment Process F. County Contributions to Non - profits and Independent Agencies G. Fair Committee By -Law Amendment H. Overnight Stay Policy Amendment to Tyler's Beach Docking Agreement L Monthly Financial Reports for County and Schools J. Planning Commission Action List of September 22, 2009 K. Recyc Systems, Inc. Biosolids Status Report L. August 6, 2008 Regular Meeting Minutes M. August 10, 2009 Special Meeting Minutes N. Quarterly Economic Development Update Report Supervisor Bradshaw moved that Items (H) and (3) be removed and the remaining items on the Consent Agenda be approved (to include Item (N) added under Approval of the Agenda). The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (H) on the Consent Agenda, Chairman Brown moved to approve the Overnight Stay Policy Amendment to the Tyler's Beach Docking Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown requested Mr. Furlo to take appropriate action to have the boat hull removed that is located near the trash cans. Regarding Item (3) on the Consent Agenda, Supervisor Clark moved to approve the Planning Commission Action List. The motion was adopted by a 19 vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for Appointments. Supervisor Clark moved to appoint Bill Kessler as the ex- officio member on the Small Business Committee. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved that James Ford be appointed to replace R. L. Walker on the Planning Commission. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to accept the resignation of Jill Peerey from the Blackwater Regional Library Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved to appoint Ed Easter to represent the Newport District on the Redistricting Committee for the 2010 Census. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved to appoint Robert T. Laufer to represent the Newport District on the Redistricting Committee for the 2010 Census. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for Old Business. Supervisor Clark commented that the property owned by VDOT near the entrance to the James River Bridge is not being well maintained by VDOT and it is a natural link to the Stoup property, as well as a gateway into the County. Supervisor Clark moved that staff be directed to contact VDOT and request that the property be cleaned up near the entrance to the James River Bridge where the chain link fence is located and the toll booth was removed. Staff is also to inquire if the County can acquire the strip of property from VDOT at the entrance to the James River Bridge. The request is to be sent to 20 Richmond. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Easter commented with respect to the Lawnes Pointe Subdivision and the request to the County to discontinue the $2 million bond for the sewer system, the County needs to be in a position of assurance that it will never be responsible for the sewer system. Interim County Attorney reminded the Board that the County is under a regional Consent Order with the Department of Environmental Quality and if the sewer system for the Lawnes Pointe Subdivision does not operate properly, this could cause problems for the County. 1/ 1/ Chairman Brown called for New Business. There was no new business offered for discussion by the Board. Interim County Attorney Burton called for a closed meeting pursuant to Section 2,2- 3711.A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to a water system in the Newport District; pursuant to Section 2,2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a consent decree with the Environmental Protection Agency and the Hampton Roads Sanitation District; pursuant to Section 2.2- 3711.A.3 regarding the discussion and acquisition of real property for a public purpose in the Smithfield District where discussion in open meeting would adversely affect the bargaining position of the public body; and, pursuant to Section 2.2- 3711.A.3 regarding the discussion and acquisition of real property for a public purpose in the Carrsville District where discussion in open meeting would adversely affect the bargaining position of the public body. Supervisor Wright moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 21 Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Wright moved that County Administrator Caskey be directed to find out from Rusty Chase how many times Nightingale has flown residents of the County out in emergency situations over the last five (5) years. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that staff be directed to send out an RFP for the drainage project for the museum so as to prevent any future flooding and that the County reserves the right to reject any and all of bids. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ 22 At 8:40 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, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the mo Carey ills Storm, Clerk 23 Brown, Jr., Chairman