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07-17-1997 Regular Meeting1 BQ~K ~ 1 'i'irJ'J~ REGULAR MEETING OF Tl-IE 1SI,E OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OFJULY IN THE -YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT: Henry H, Bradby, Chairman Robert C. Claud, Sr., Vice Chairman Malcolm T. Cofer ABSENT:....... O. A. Spady Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator .Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording. Secretary .Chairman Bradby called the meeting to order at 6;00 p.m. The invocation was delivered by Supervisor Cofer. // - Chairman Bradby indicated the following Consent Agenda included Item 1, A through D, and asked if there were any items for removal: There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda., The motion'was adopted (3-0). t/ Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer, .Virginia -Department. of Transportation, provided the Board with ~ status report on the Route. 58/258 Connector Project. Mr. Ne.blett advised that Alignment"A", currently being examined for wetland impacts, has been identified by VDOT as the preferred alignment for submittal to the Corps for their review and:. approval.. Mr. Neblctt informed the Board that Smith's Neck Road is currently under construction. Mr. Neblett informed the Board that improvements to Waterworks Road will begin within the next ten days. Mr. Neblett noted work on he Rescue Bridge has been suspended in order 1 aoaK 17 h~~338 to correct a settlement problem which occurred during the initial construction phase. Mr. Neblett stated VDOT is proceeding with the design on Raynor Road and an estimated advertisement date of July, 1:998 is anticipated. Mr. Neblett noted plant: mix is currently being laid on primary highway systems in the County.. Supervisor'Claud inquired about the. status of the needed maintenance on Muddy Cross Road. Mr. Neblett noted work has begun to maintain the unimproved .section of Muddy Crass Road, however, he will need to contact the Superintendent to determine the exact status of the project as he has not had an opportunityto speak with hirn. ' Supervisor Claud noted South Johnson Avenue is slated to be taken into the State System and offered any assistance he could provide in this regard. John Edwards, Planner/GIS Coordinator, distributed information received from VDOT regarding the Statewideallocations for secondary road construction by transportation districts throughout the Commonwealth. /l Chairman Bradby called for Citizens Comments. Elva-Cobum, Pam Bradshaw and ,Bobby Bowser requested the Board relocate the existing dumpster site at Wrenn's Mill Estates due to shooting incidences, undesirable. odors and stray animals.. Ms. Coburn presented a petition in opposition to the dumpster site: Chairman Bradby advised that he has- asked the Board to allow. him to :.locate and. secure another site. and requested Ms. Coburn's and Ms. Bradshaw's assistance in locating a more suitable site within the next thirty days.: Peder Wennberg and Thomas Walters appeared. requesting the Board's assistance in preventing future lot clearings in the Gatling Fointe .community. by contractorslbuilders before the County staff has reviewed and approved the site: plan for the propetty. They further requested that such violations be treated with stiff fines and/or sanctions, -Grace Keen notified the Board that she will begin tape recording the meetings for her personal use. Brian Rowe, of Brian Rowe and Company, and owner of 104 Shallowford a 1 1 1 r Lane In Calling POIntC, noted hIS prcSCncC S11oUld the Board haVC any gUeStIOnS concerning the alleged violations of the. County's Chesapeake Bay Preservation Area Ordinance. Mr. Rowe stated that while some overclcaring did occur, he ` believes the amount was overstated. Unly a portion of .the lot was actually. clear cut from the street to the marsh and the garage was approved for this site. A retaining wall is not required on this site as confirmed by the site plan approval and the driveway elevation will-allow the water to be controlled. No driveway material ar roof drainage wilt come offi'the bank and runoff will be controlled with groundgutters and drainage structures on site. Mr. Rowe stated he is not in violation of the Chesapeake Bay Preservation. Area Ordinance as the site plan ' stipulates the amount of pervious cover on the .site. As far as County .requirements, Mr. Rowe noted too many trees were removed, however, he is proposing to plant seven holly trees along tine bank with heavy. mulch plantings. Mr. Rowe noted he has begun temporary stabilization in an effort to address concerns of the neighbors and the Board. /1 Chairman Bradby called for the Cornmunity Development report. A. The application of Clayton's Auto. Parts,. Inc., owner and PrimeCo Communications, lessee, tier a Conditional Usa permit to c;rect a communications tower of 185 feet in hcigltt and an equipment cabinet area at the base of the tower,. at 15465 Carrollton Boulevard, in Newport Magisterial District. Mr. Edwards distributed a request from .the attorney for PrimeCo Communications requesting that the application be tabled. Supervisor Cofer moved the Board approve the request of the applicant to table the matter until the Board's August 21, 1997 meeting so that the matter can be heard simultaneously with an alternate site application. The motion was adopted (3-0). B. The. application of Isle of Wight County Public Recreational Facilities Authority to hold the'' 1997 Isle oaf Wight County Fair" on Thursday, September 4, 1997 through Sunday, September 7 1997 on 43.9 acres of land adjoining the Courthouse C©mplcx which is located. on the. west side of Courthouse ~ Highway (Route 25$) in Hardy Magisterial District. Supervisor Claud moved the Board approve .the application. The motion was adopted (3-0). Regarding the restoration of Boykn's Tavern, Supervisor Cofer moved.. the Board table .consideration of the matter until the. Board's Auguste 21, '1997 meeting when all Board members will be present. The motion was adapted (3- eoo~ 17 r:-34f1 o}. D. .Violations of the County's Chesapeake $ay~ Preservation Area Ordinance in Gatling Pointe Subdivision Mr. Edwards stated regarding the issue of violations to the County's Chesapeake Bay Preservation Area Qrdinance in Gatling Pointe Subdivision, Supervisor Spady previously indicated he would view the affected ite by boat. Supervisor Cofer stated he had spoken with. Supervisor Spady by telephone who recommends the County pursue prosecution for. the. violation under the . County's Zoning Ordinance. Supervisor Cofer moved the. Board authorize the County. Attorney o contact the Commonwealth Attorney to begin prosecution on the violations. The motion was adopted (3-0}. // Chairman Bradby called for the County Attorney's report. County Attorney Crook presented for the Board's consideration the: City of Franklin Agreement for (9l l } services for County residents residing in the southern portion of Isle of Wight County for compensation. from the County at $75 per call :for fire. and rescue responses.. Mr. Crook. stated he recommends the Agreement to the Board and asks that the. Board approve it and authorize the .Chairman to `sign on behalf of the County. Supervisor Claud moved the Board approve .the Agreement with the understanding it will not be implemented until the: details as to how the calls wil be.routed from citizens in that part of the County are worked out and authorize the Chairman to sign same on .behalf of the County. The motion was adopted (3:- Q},. County Attorney Crook presented for he Board's consideration the City of Franklin's lease agreement for a collection center at an annual amount of $1,200 for a term of five. (5}years with two (2) options to renew. Mr. Crank- offered to see if the County can get, an agreement as to-what the rent will be if the County exercises its option to renew as the City of Franklin has proposed that the rent be negotiated on the options to renew.. Supervisor Claud moved the $oard table consideration of the matter until the Board's August: 7, 1.997 meeting.. In the meantime, the County Attorney was directed to workout the terms on the renewals. The motion was adopted (3-0}. County Attorney Crook stated the Gatling Pointe. South prot~ers provide for a subordination agreement of the deed of trust to the County for financing deed 4 1 1 i aooK ~ 17 ~~:~`34~ of trust-for development and now the Cou~~ty has a request far subordination to the financing documents for the development which is pursuant to the County's Deed of Trust_fram Gatling Pointe South. Mr. Crook stated he recommends this to the Board and asks- that the Chairman be authorized to sign on behalf of the Board. Supervisor Cafcr moved the E3aard authari7e the Chairman to sign the necessary documents on behalf of the County. The motion was adopted (3-U). County Attorney Crook .presented to the Board a copy of a letter from the Town Attorney for the Town of Windsor requesting that a public meeting be .arranged in the month of August at -the Windsor High School with. the Board concerning annexation. Supervisor Cofer moved the Board authorize staff to coordinate between the Eioard and the Tawn of Windsor a suitable evening date to meet in mid- Augusta The motion was adopted (3-0).- I/ Chairman Bradby called for the County Administrator's report. Jim Wright, Resource Conservationist, Natural Resources Can~crvation :Services, informed the Baard that the County has experienced a draught. situation since May, 1997 with severe crap darn~tges and estimated yield lassos as follows: 65°fo loss on corn in the amount of $1,625,00; 50% lass. an soybeans in the amount of $1,500,OQt); 35°l0 lass an cotton in the amount of $2,625,000; 35% loss on peanuts in the amount of $5,00~,~00. Duc to estimated Ic~sses in the total amount of $10,750,000, Robert D. Goerger, Extension Agent, Agriculture, is requesting that the Board request the Governor's office to declare the County an .agricultural disaster area as such a declaration from. the Governor's office may make available to the County's farmers the livestock teed program. and other types ofdisaster aid, stated Mr. Wright. Supervisor Claud moved the Baard adopt the following resolution and that copies be sent to the County's elected represcntatives~ RESOLUTION TO REQUEST THAT THE GOVERNOR DECLARE ISLE OF WIGHT COUNTY - AN AGRICULTURAL DISASTER AREA WHEREAS,. Isle of Wight County, Virginia has experienced severe drought conditions since early May 1997; and, WHEREAS, said drought has severely. damaged .the corn, cotton, peanuts and soybean crop in Isle of Wight County; and, 5 ~a~K 17 r~:~.3~2 WHEREAS, the crop damage will create an economic hardship on those .farmers negatively impacted by the drought..conditions. NOW,: THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia requests the .Governor of the Commonwealth of Virginia to designate Isle of Wight County an agricultural disaster area .for the purpose of being eligible for low interest loans and/or other disaster aid. The motion was adopted (3-Q}. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE . MARY CATHERINE FOSTER.. ON THE OCCASION OF HER RETIREMENT `WHEREAS, Mary Catherine Foster has served with the Department of Social Services :for over twenty five (25} and has tendered her resignation effective July 31, 1997; and, WHEREAS, Mary Catherine Foster has served the citizens of the County of Isle !of Wight in an .exemplary manner;' and, .WHEREAS, Mrs; Foster has positively affected theelives of countless citizens. 'NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors. of the County of Isle of Wight, :Virginia desires to .express to Mary Catherine Faster its sincere gratitude for fier leadership and service to the citizens of the County. BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of the meeting of the Isle of Wight County. Board of Supervisors as a matter of public record and that a copy be forwarded to Mary Catherine Foster. . The motion was adopted (3-0}. County Administrator Casket' .noted the County has been; selected. by the `Virginia Cooperative Extension as one of the host sites for the Smart Choices Nutrition Education Program. (SCNEP} which. promotes health, nutrition and ` prevention of chronic diseases. Mr. Casket' stated the SCNEP Program will not require a cash contribution and an in-kind-match of office space and equipment (existing} is being made to accommodate the SCNEP Program Assistant. County Administrator Caskeynoted.The Friends of the Carrollton Library 6 1 1 1 _, have .advised they would like to_donate private contributions in the amount of $48,000 to the County and request the :Board increase the project. construction budget .from $350,000 to approximately $398,000 to increase the building's usable square footage. Responding to Supervisor Cloud's comment that when the building is completed, funds will be needed to equip and furnish the library, Donald T. Robertson, Assistant to the. County Administrator/Director of Human Resources, noted that The Friends of the Carrollton .Library have informed staff that they are continuing fund raising efforts and any funds raised after .this point would ga towards the interior furnishings of the building.: Supervisor Claud requested .staff inform The Friends of the Carrollton Library additional funds to furnish the building must be raised by them. Mr. Robertson informed the Board that Supervisor Spady also :requested that staff make The Friends of the Carrollton Library aware that. should building ' costs be excessive, there may not be additional usable space. // At 7:00 p.m., Supervisor Cofer moved. the Board amend the order of the agenda to conduct the public hearings. The motion was adopted (3~0). Chairman Bradby called fora public hearing on the following: A. 1997-98 Proposed Isle of Wight County Capital Budget Chairman Bradby called far perspns to speak in favor of or in opposition to the proposed Budget. Fred Mi chell, Newport District `resident, expressed his concern that County. taxpayers are bearing a large expense .for unneeded equiprmenY for volunteer rescue and fire organizations. Mr. Mitchell urged the Board to take ..control to protect taxpayers from overspending. Supervisor Cofer noted for Mr. Mitchell's benefit that the County. currently has. consultants reviewing emergency services operations .and a report of their findings is anticipated i~ the near future. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the FY1997-98 Capital .Budget amended as follows:. Supervisor Cofer moved the .Board amend the .Carrollton 7 ~Q~~ 17:w:~:34~ Public Library from $350,000 to $398,000 with the additional $48,000 as donated funds. Supervisor :Cofer further moved the Board :authorize the addition in the amount of $252.50 'for the Electoral Board's ..request-for additional funds. for the cost of the equipment for he five (S) voting; booths. . Supervisor Cofer further moved the Board approve the request of the Smithfield: Volunteer Fire Department, .Inc: to switch from one large vehicle to a smaller 1250 GPM Pumper and a Utility Vehicle: The motion was adopted (3-0). B. An Ordinance to Require Fingerprinting of Applicants for Concealed Handgun Permits Chairman Bradby called far .persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradby closed the public hearing and called for"comments from the Board. Supervisor Claud noted auxiliary police may have the need for concealed weapons and inquired if the Board could waive the fee for active auxiliary. police. `County Attorney Crook advised the County could waive fees. forauxiliary police, however, .the Board should be aware .that if it opts to waive fees the County will have to absorb the cosh..of such fees as thefeesare to coven costs to -the FBI in the amount of $24, $lO to the State for a criminal records`check,. ~S to the Clerk and $11.50 to the Sheriffs Department. Mr.-Crook suggested the $50 fee for auxiliary police be a part. of the Sheriffs budget rather than .~ti~aitifing ame Supervisor Claud moved the Board adopt the falio~~7ng Qrdinance: AN ORDINANCE TO REQUIRE FIAtGERPRINTI1tiG OF APPLICANTS F4R CONCEALED HANDGU?~ PER.'~fITS WHEREAS, Section 18.~•308D of the Code" of Virginia of 1950, as amended, authorizes a County or City to enact an ©r~iinance to require any applicant far a concealed handgun. permit to submit to tngerprinting for the purpose of obtaining the a~~licant`s state Ur national criminal histt~n° record as a condition afar issuance of a concealed handgun perritit~ ana, W}iEREAS, the Board of Super~~aar; cif i~l~ cif i~`'i~ht County, upon 2+ 1 1 1 eooK. 17 ~~~:345 recommendation of the Sheriff, Commonwealth's Attorney and Clerk of the Circuit Court deems. it to be in the best interests of the citizens and law enforcement of said County to require fingerprinting of applicants for concealed handgun permit for the purpose of obtaining the applicant's state and/ar national criminal history record and to set fees. to cover the costs .associated. with processing the application. TIIEREFORE, be it and it is herchy ordained by the Board of Supervisors of Isle of Wight County, Virginia that pursuant to Section. 18.2-308 of the:Code pf Virginia of 1950, as amended, .any person twenty-one years of age or older may apply in writing to the Clerk of the Circuit Court of the; County of Isla of .Wight, Virginia, if he resides therein, fora. permit to carry a concealed handgun. As a condition thereof, the applicant shall submit to fingerprinting by: the Sheriff"s Department of Isle of Wight County, Virginia and provide persar~al descriptive infomnation to be forwarded with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau. of Investigation for the purpose of obi<~iining criminal history records information regarding the applicant and obtaining fingerprint identification information froitY federal records pursuant to criminal investigations by State and local law enforcement agencies. Upon receipt of the fingerprint cards to the Sheriff's-Department by the State I olice, the Sherift's Department shall then prc~mpily notify the applicant that he has twenty-one (21) days from the date of the notice to request return of .the fingerprint cards.. A11 fingerprint cards not claimed-by the applicant within twenty-one (21) days of notification. by the Sheriffs Department shall be _ destroyed. Fingerprints taken far the purposes described in this ordinance shall not be copied, -held ar used. far any other purposes. The full amount assessed for processing an application for a permit shall be .$50.00 to be paid in one sum to the Clerk of the Circuit Court. Out of this amount, the Clerk shall retain $10.00 for processing and application and: issuing the permit. The Sheriffs Department of Isle of Wight County, Virginia, will be paid $35.00 to cover the cost of conducting the investigation pursuant to this ordinance. The $3S.Q0 shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information and the Sheriff s Department shall forward the amount assessed by the Federal .Bureau of Investigation to the State Police with the fingerprints taken from the applicant. A fee of $5.00 shall be paid to the State Police to cover their casts associated with processing the application. The motion was adopted (3-0). C. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County, Virginia to Require Mandatory Solid Waste .Refuse Collection for All Subdivisions Platted After August 1, 1997, Chairman Bradby called for persons to speak in favor of or in opposition 9 ~o~x 17 ~~~~~4f~ to the prflposed Ordinance. Upon no one appearing, Chairman Bradby closed the public. hearing and: called for comments from the Board. Supervisor Claud requested that "subdivisions" be more clearly defined as "internal streets" in the. Ordinance.. , Supervisor Claud moved the Board .adopt the following Qrdnance with an amendment recommended by the County Attorney that the Ordinance shall apply to all lot owners on new subdivision streets in subdivisions platted subsequent to August i , 1997: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA TO REQUIRE MANDATORY SOLID WASTE REFUSE COLLECTION FOR ` ~ ALL SUBDIVLSIONS PLATTED AFTER AUGUST 1, 1997. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 4-4-5 of the Subdivision Ordinance of Isle. of Wight. County, Virginia; is hereby amended to add Section 4-4-SA which is to read. as follows: ~es.1:LQn.~4~.~A~1LC~~Y~~t~~ ~ of lcction. All subdivisions .lots on new subdivision streets in subdivisions platted subsequent to August 1, 1997, shall be required to utilize the door- tadoor solid waste refuse collection by the duly authorized and franchised collectors/ltaulers as determined by the Board of .Supervisors of Isle of Wight County, .Virginia. The motion was adopted (3-Q}, D. An Ordinance '`for Exclusive Franchise to 1Vloody Sanitation Company, Inc. for County Residential .Garbage' Collection Chairman Bradby called for persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman'Bradby closed the public hearing and called for comments from the Board. Supervisor Cofer :moved the Board adopt the following Ordinance with an amendment on Page 1, second paragraph, to reflect "all garbage collected from residential customers": ORDINANCE FOR EXCLUSIVE FRANCHISE 1Q 1 1 r eoo~ ~ 17 .:~:~a~7 TO M(JO~YSAN1`I'A"1'lON C;C)M1'ANY,INC_ f~C)RC(OUNTY RESl17F,NTIAL GARI3AGF COI,I,F.,CTION This ordinance embodies-the .exclusive franchise agreement, made and entered rota the 17th day af'July, 1997, by and betwec:n'I'l fl,.° C(UIJN`I'Y (~1~ ISLIa OF WIGf IT, VIRGINIA, a body politic and corporate, herein called the grantor, and MOODY SANITATIONCOMPANY, INC:, a corporation or~anired and existing under the laws of the State of Virginia, with its principal :office at 202 North Church Street, Town of Smithfield, County of Isle of Wight, Stag of Virginia, herein called the grantee. Grantee has the exclusive right during the term of the franchise. granted by this ordinance to collect and haul tar hire aver the streets and alleys of grantor all garbage collected from residential customers located .within the corporate limits of grantor, "Garbage" shall be interpreted t~ mean and include all waste animal and vegetable matter, nebbish, trash, debris, ashes, metal cans, and other .waste materials generally, including articles ordinarily and customarily hauled Away and dumped. It is agrecdby the parties hereto that all reduirett~cnts of Section 15.1-28.01 " through 15.1-2:8.1 of the Code of Virginia have been complied with farthe granting of this franchise including the notice provisions thereof far displacement of private companies providing residential garbage, trash or ref`usc collection services within. the County. and the. displacement provisions as to grantee and all other such companies begins as of the date of the adoption of this ordinance. .SECTION ONE GRANT OF FRANCHISE . For and in consideration of the covenants and agreements of grantee contained in this agreement and as stipulated and the payment of a license fee of One Hundred Dollars ($100.00) by .grantee to the County of Isle of Wight, grantor gives and grants to grantee an exclusive franchise and right to pick up, collect, .transport, and dispose of trash;. refuse and garbage outside. of the incorporated towns. of the County of Isle of Wight,. to have and to hold the exclusive franchise, right to pick up, coifect, transport, and dispose of trash, refuse and garbage in .all of the areas of the County of Isle of Wight for a period of five (5) years beginning August 1, 1997. SECTION TWO -COMPLIANCE WITH LAWS. Grantee expressly contracts, stipulates, and agrees.. that grantee is an independent contractor solely responsible for the purchase, maintenance, and servicing of its equipment; that grantee shall obtain and maintain its own- equipmentfor the collection and disposal of trash and garbage at its awn expense and in conformity with the sanitation and- .health requirements of the 11 Bo~K 17 ~~~-~4~ Carnmonwealth of Virginia Department of Health and other laws of the State of :`Virginia inregard to performance underand pursuant to this agreement. SECTION THREE COLLECTION ROUTES. Grantee ;shall render service to residences in its. franchised area in accordance with Section 8. IL''Daily Collection Routes" as specified in grantee's Bid Proposal in Response to Isle of Wight County's Request for Proposals for Residential Waste Collection which is incorporated herein by reference and a copy of which is :attached hereto as Appendix A, and which is made a part hereof by reference. It is understood and agreed that the Board of Supervisors of Isle of Wight .County, Virginia, in the event a controversy` should arise as to reasonable, acceptable service, the Board of Supervisors reserves the right to determine such issue. SECTION FOUR RATES Grantee's rate for services, rendered shall be in accordance with grantee's Bid Proposal in Response to Isle of Wight County's :Request for ProposaC for Residential Waste Collection (Appendix A}, and Section Eleven herein below. SECTION. FIVE. SUBLEASING AND CONTRACTING Grantee shall not have the `authority to sublet nor-contract with other garbage collectors for the collection and disposal of trash, garbage, and refuse in the franchised area. SECTION SIX CClNTRACTING WITH OTHER MUNICIPALITIES Nothing contained in this agreement shall: prevent grantee from contracting with other counties, cities, and towns within the State of Virginia or elsewhere for the collection of garbage .and disposal of garbage. SECTION SEVEN PERSONAL DISPOSAL OF GARBAGE Except as hereinafter provided, nothing contained in this agreement shall. prevent any person, firm, or corporation from personally disposing of its own trash, garbage, or refuse sa Iang as any such individual, firm,. or corporation shall dispose of. its own trash, garbage, refuse. in a legal and lawful manner and in compliance: with the laws, rules, and regulations Qf the Commonwealth of 12 1 1 so~r< 17 ~;.~ 3~J Virginia Department of Health. It shall not be mandatory for any person or residence not using the services of grantee as of the date of this agreement to utilize the services of the grantee, however, grairtor does not relinquish its right and authority to require, by statute, ordinance or otherwise, any and all future .development. within its-corporate boundaries to dispose of trash, garbage or refuse. of said developments through grantee ar any other franchisee in the future if grantor determines that said requirement is in the best interests of the health, safety and/or welfare of its citizenry or for any other reason not prohibited by law. SECTION EIGI-1T MAINTENANCE Grantc~ shall make th` trash and garbage collection in enclosed packer typo trucks. The vehicles shall be maintained in good working order, shall be cl~ancd regularly in accordance with any applicable health department regulaticros {at sins suitable, appropriate and approved for cleaning said trucks), and shall have pr4sentable appearance. Grantee shall maintain an al'tice at which a responsible person can be reached by telephone during regular working hours to answer questions about the pickup service. The dsle of Wight County Administrator/ar his designee: shall be notified immediately in the event that scheduled disposal ar pickup can: not be , met due to mechanical or other unforeseen delays. SECTION NINE COMMENCEMENT OF SERVICE Grantee stipulates ..that it shall commence to furnish service in the franchised area ,beginning August 1, 1997, and said service shall be in accordance with grantee's I3id proposal in Response to Isle of Wight County's - Request for Proposal for Residential Waste Collection, (Appendix A), as well as Isle of Wight County's Request for Proposals for Residential 'Waste Collection, which is incorporated herein by reference and is made a part hereof, a;capy of which is attached hereto as Appendix Q. .SECTION TEN TERM The term of the contract for the: disposal of trash by grantee shall be for a period of five (5)years, commencing on August 1, 1997 and ending at midnight on July 31, 2002, with the right to renew for periods of five (5) additional. years each as set forth below. SECTION ELEVEN RENEWAL 13 ea~~ 17 ~~;:~:3~0 Grantee shalt charge a rate of $11.50 per residence serviced for the initial five (5}year period. This agreement may `be renewed. for two additional five (5) year. #erms by mutual :agreement. at a rate per. residence .increase equal to the Consumer Price Index increases for the term preceding the renewal. If during. the initial term of this contract, or any renewal period, the. number of stops made by the grantee shall'reach or exceed five thousand (5,000) residences, grantee shall reduce its .rate for each stop by ten percent. SECTION TWELVE TERMINATION This agreement-may be terminated at the end of the :original, five (S) year term, by either party ..hereto, upon written notification to the other party, dispatched by certified mail. to the other party at its last- known post office address, of its' desire to terminate the said contract as of the expiration of the then current term; such notice'shall be mailed at least six (6) months prior to the expiration of the said then current term. .SECTION THIRTEEN INSURANCE Grantee shall carry the following insurance which shall be with a reputable company duly licensed o dobusiness in the Commonwealth of Virginia and will file a memorandum of same with the County Administrator. (a) Workman's Compensation of all employees who may be involved. in :.any way in the performance of this contract or . in services in connection therewith; {b} Insurance for bodilyinjury and property damage in the amount of One`Miltion Dollars ($.1,000,000.00} combined single limit. SECTION FOURTEEN . LIABILITY. Grantee shall be deemed an-independent contractor and shall assume all liability and responsibility for any and all damages to persons and/or property resulting from. he disposal of such trash. and garbage and the County. of Isle of Wight shall not be liable nor responsible for any such damages,;from all of which :..grantee shall sane, protect and hold the County hanmless. SECTION: FIFTEEN NO WAIVER The failure of either party to the agreement to insist upon the performance of any of the terms and conditions of this agreement. or the waiver of any breach '' of any of the terms and conditions. of this agreement shall not be construed; as 14 1 1 1 eanr~ ~? r,.:~:3:~ thereaf3er waiving any such. terms and conditions, but the. same shall continue and remain-in full force and effect as if no forbearance or waiver had occurred. SECTION SIXTEEN EFFECT OF PARTIAL INVALII)tTY The. invalidity of any portion of this. agreement will not and shall not be deemed to affect the validity of any other provision. In the :event that any provision of this agreement is held to be invalid, ;the .parties agree that. the remaining provisions shall be deemed to be in full force and effect `as if they .had been executed by both parties. subsequent to the expungement of the invalid provision. SECTION SEVENTEEN ENTIRE AGREEMENT This agreement, which includus the specifications and conditions set forth in Appendices A and. B attachud hereto and included herein, -shall constitutethe entire agreement hctwecn the. parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Should a conflict arise between the provisions of thin agreement and Appendices A or B attached hereto .and included herein, the provisions of this agreement shall control. SECTION E1GI~TEEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if` evidenced in writing signed by each. party or an authorized representative of each party.. SECTION NINETEEN PARAGRAPH HEADINGS The titles to the paragraphs of this agreement are solely for the convenience of the. parties and shall not be used to explain, modify, .simplify, or aid in the interpretation of the provisions of this agreement. SECTION TWENTY COUNTERPARTS This .agreement` may be executed in .any number of counterparts, :each of which shall be deemed to be an original, but all. of which shall together constitute the one and the same. instrument, 15 IN VVl['I'NESS WHEREOF, each party to this agreement has caused it to be executed in Isle of Wight County, Virginia on the date indicated below. The motion was adopted (3-0). E. An Ordinance to Amend an Ordinance to Provide for Precincts to Establish a Central Absentee Voter Precinct at the Courthouse of Isle of Wight County, Virginia Chairman. Bradby called for comments from .persons in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradby closed the' public hearing and called for comments from the Board. Supervisor Claud moved the: Board adopt the following Ordinance: AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE FOR PRECINCTS. TO ESTABLISH A CENTRAL A$SENTEE VOTER. PRECINCT ' WHEREAS, on Apri125, 1991, the Board of Supervisors of Isle-of Wight County, Virginia, adopted an Ordinance to provide for precincts, to establish boundary lines of precincts, to name each precinct, and to establish a polling place for each precinct, and, -WHEREAS, the Electoral Board of Isle of Wight County, Virginia has recommended to`the Board of Supervisors of Isle of Wight County, Virginia that said governing bady establish a Central Absentee Voter Precinct at the Courthouse of Isle of Wight County for the purpose of receiving, counting, and recording absentee ballots cast in said County pursuant to Sectian24.2-71? of the Code of Virginia; and, WHEREAS, the Board. of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the citizens and'voters of the Counter of Isle of Wight that a Central Absentee Voting Precinct be established at the Courfhause of Isle of Wight County, Virginia. THEREFORE, BE IT AND IT IS HEREBY ORDAINED br• the Board of Supervisors of Isle of Wight County,: Virginia, that the Ordinance to pr~vi~lz for .precincts adopted by the Board of Supervisors on April _S 1991, emba3ie~i in Chapter 5 of Article iII of the Isle of Wight County Code, bz and the sam is hereby amended by adding as, Section 5-11-1 thereto the follo~~~ing: Pursuant to authority contained in Code of ti ir~inia Sntion'_~.~-? i' there is hereby created a Central Absentee Voter Prc~ir~ct at the Cc~unh~au~ of Isle of Wight County, Virginia,: for the purpose cif r~~ei~~ing, e~.3untir~g 16 1 eonK ~.7 -,,.:~~5~ and recording absentee ballots cast in the County in alt. elections. The motion was adapted (3-0). F. The application of B. Keith. and Debbie B. Bales .for a change in .zoning classi~eation from RMH-~, Rural Mobile t-lome to C-RA, Conditional Rural Residential, .approximately 2.5 acres of land located on the north side of Burwells Bay Road (Route 621) between Moonlight Road (Route 627) and Barlow Lane in Hardy Magisterial District. The purpose of the application is for one single family residential site. Mr. Edwards distributed a copy of a letter dated July 14,199? from the applicant requesting that the application be withdraw. SupervisorClaud moved the Board approve the request of the applicant. to withdraw the application. The motion was adapted (3-0). G. The application of Helen K. Ferguson for a change in ,zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential,: approximately 7.2 acres afland located on the east side of Rainbow Road (Route bb5) north of Rescue Road (Route 704) in .Newport Magisterial District. The purpose of the application is for two (2) single family residential. lots. Chairman Bradbycalled for persons to speak in favor of or in opposition to the proposed application. Darrin Stol'ter, attorney, spoke on behalfofthe applicants. Mr. Edwards distributed a copy of a letter dated July .15,1997 from Linda Augusta King, in opposition to the application being approved. ChairmanBradby closed the public hearing and called for comments from the Board. ..Supervisor Cofer moved the Board follow the .recommendation of the Planning Commission and deny the application. The motion was adopted (3-0). H. The application of Howard A. Jones for a change in zoning classification from A-1, Agricultural Limited to R-A, Rural Residential, approximately 2.5 acres of land .located off of Cedar Grove Road (Route 6b 1) between Cannon Drive (Route 1.935) and .Marsh View Court in Newport Magisterial District. The purpose of the application is for one single family residential lot. Chairman Bradby called for persons to speak in favor of or in opposition 17 eoeK ~7 >~~:~~5!'~ to the proposed application. Howard Jones, applicant, spoke on behalf of the: application. .Supervisor Claud moved the Board; approve the application. The motion was adopted (3-0). I. The application of Cecil-B. Feade, owner, and Tyres-Edwards and .Shivers Fungal Home, prospective owners, for a change in zoning classification from A-1, Agricultural Limited to C-BI Conditional Business General, approximately 4.5 acres of nand located off the north side of Courthouse Highway (Route 258) :between Foursquare Road (Route b20) and Waterworks Road (Route 709) in Hardy N[agisterial District. The purpose of the application is for a funeral home. :Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. Kim Shivers, applicant, ..spoke on behalf of the applicants. Chairman Bradby closed the public hearing and called for comments from the Board. Chairman Bradbyrnoyed the Board approve the application. The motion was adapted (3-Q): J. The application of Diana Rosenthal for a change in .zoning classification from A-1 Agricultural Limited to C-RA, Conditional Rural Residential, approximately seven (7) acres of -land located at 15521: Lawson Creek Lane in Hardy Magisterial District. The purpose of the application is for two (2) single family residential dots. Mr. Edwards distributed a copy. of a letter dated July 14, 1947 from Diana C. Rosenthal requestingGhat the application be withdrawn. Supervisor Claud moved the Board approve the request of the applicant to withdraw the. application. The motion was adopted (3-0). K: The application of Gene F. Aston to~ amend Conditional R-A, Conditional Rural Residential zoning of approximately four (4) acres of land located on the east side of Sugar Hill. Road (Route 661) between Miller Lane and Pine Tree Lane in Newport Magisterial District. The amendment. requests `all three {3) proposed single family lots be available for sale. 18 1 eoox 17 >,...:3~ Chairman. Bradby called for persons to speak in favor of or in opposition to the application... Gene Aston, applicant, spoke on behalf of his application. Supervisor Cofer moved the Board. approve the application. The motion was adopted (3-0): L. The application of William B. & Virginia N. Denison for. a .Special Use Permit to operate an outdoor .environmental educational program on approximately eighty-one (81) acres of land lucated at 21455 Chestnut Lane, Zuni, in Nardy Magisterial District. Chairman Bradby called for persons to speak in favor of or in opposition to the application. Virginia N. Denison, applicant, stated the purpose of the application is to hold halt=day and all-day sessions to educa c school children about their environment and to supplement classroom instructions given by teachers. Speaking in opposition, Marie Hots' presented the Board with a letter of opposition from an adjoining property owner. Ms. 1-1aff voiced her concern with increased traffic on 01d Gum Tree Rand, a private and narrow road. Mr. Edwards presented a cagy of a letter dated .Italy 7, 1997 from Jerry and Edwina Watson in opposition to the proposed application. Chainman Bradby closed the public hearing anc~ called for comments from the Board. Supervisor Claud expressed his concern with the proposed location of a business on a private road and requested additional time to speak with the School Superintendent to determine haw they intend to transport students. Supervi or Claud stated that while there is a need for the proposed project, access to the sate does cause him concern. Supervisor Claud moved the Board table: consideration of the application until the August ?, 1997 meeting to allow him time to get the additional information. The motion was adopted (3-0). ~ll Supervisor Cofer moved the Board return to the regular order of the agenda; The motion was adopted (3-0). JI 19 80t~K 1 t >: "•a~t) Chairman Bradby called for the continuation of the County Administrator's report, County Administrator Casket' presented for the Board's consideration an inquiry from: the Town of Smithfield regarding. the Board's interest in sharing' .equally,. in the cost_of a public :rest room to be .located in the old Courthouse ..building. Responsive to Supervisor Cofer's statement that the owners of the building have 'not approved a rest room to be located in the old Courthouse building,: Supervisor Claud moved the Board direct the County Administrator respond to the Smithfield Town Manager. requesting that once the Town has an official position concerning the proposed public rest rooms that the Town get back in touch_wi'th the Board. The motion was adopted{3-4). County Administrator Casket' stated the Board had previously indicated an interest in scheduling a meeting with the General Assembly Delegation representing Isle of Wight County to discuss its concerns relative to ..needed. transportation projects and their funding. Supervisor Cofer moved the Board directthe County Administrator to schedule a work session with the County's General. Assembly :representatives prior to the Board`s October 16, 199? evening meeting. The'motion was adopted (3-0). Anno F. Seward, Director of Budget and .Finance, stated the Board at its June 5, 1997.meetng authorized the'use of contingency funds in the amount of $5,744 in addition-to $10,044 appropriated in the Capital Budget for the purchase of a new truck for the Planning and Zoning Department.. Ms. Seward continued a purchase order was issued to the low bid :vendor who then notified the County .that they could not finda.vehiete for that price under those specifications. As a result, the truck was rebid and the vendor again could not locate such a vehicle. Ms. Seward presented for the Board's .consideration the second to lowest bid and noted'because the Countyhas crossed fiscal years it will now-be necessary for the Board to either allow he use of contingency funds for .this purpose or reappropriate the .required"funds. , Supervisor Cofer moved the Board authorize use of contingency funds in the amount of $1,455 from the 1997-1998 Capital Budget.. The motion was adopted (3-4), Supervisor `Claud moved the Board adopt the following resolution: RESOLUTION TO APPOINT :BEVERLY H. WALKUP AS INTERIM SUBDIVISION AGENT. FOR ISLE OF WIGHT COUNTY FOR THE PERIOD OF JULY 21, 1997 THROUGH AUGUST 21, l 997 20 1 lJ 1 Bp~K ~7 %~;'~~i~ f WHEREAS, the Board of Supervisors of the County of Isle of :Wight have adapted a Subdivision Ordinance of Isle of Wight County, Virginia of 1969 to establish certain subdivision standards and procedures within the County; and, WHEREAS, Section 2.1 of the County's Subdivision Ordinance requires that the ordinance be administered by an agent appointed by the governing body; and, WHEREAS, R. Bryan David, the C~ounty's former Director of Planning and Zoning, left employment with the. County an June 6, 1997 and the County is desirous of appointing an interim Subdivision Agent until the new Director of .Planning and Zaning assumes such authority. NOW, T1-kEREFORE, k3E 1T AND lT IS IIEREtiY RESOLVED by the Board of Supervisors of the County oflste of Wight that Beverly H. Walkup be appointed to serve as interim Suk~division Agent far the Countyof lsle of Wight far the period ofJuly 21, 1997 until August 21, 1997. The motion was adapted (3-0). . County Administrator Casket' distributed to .the Board a copy of correspondence from Delegate Barlow in response to an inquiry of the Board relati~~e to a requestfrom the FFA-F}-iA/kkERO real estate tax exemption. Supervisor Ciaud moved the Board pracctd with having this appear before the. General Assembly and authorize the County Attorney to do all things necessary to accomplish same. The motion was adopted (3-0). County Administrator Casket' referenced a letter mailed to the Board on July 7, 1997 transmitting a copy of correspondence received from the Norfolk Ciri~ Manager a~~ho indicated an interest in discussing with the County and its neighboring jurisdictions the. possibility of addressing regional water needs in a mutually beneficial arrangement.. .Supervisor Cofer moved the .Board refer the matter to the Regional .Committee and authorize the Committee to place the matter on theiragenda for discussion.. 'The motion was adapted (3-0). f~. Chairman Bradby called for Old Business. There ways no old business offered. /r Chairman f3radby called fvr New 13usincss. 21 ~o~K 17 -:~-.3~~?~ There was no new business offered. // Chairman Bradby called for :Appointments. There were no appointments offered, // At 8:00 p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted (3-0) Henry H. Bradby, Chairman W. I1ou a skey, Cle