07-25-2005 Regular Meeting~ r
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIFTH DAY OF JULY IN THE
YEAR TWO THOUSAND AND FIVE
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PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice-Chairman
Henry H. Bradby
Richard K. MacManus
Stan D. Clark
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Seward, Assistant County Administrator/
Administration
Carey Mills Storm, Recording Secretary
Chairman Bradshaw called the meeting to order at 6:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Bradshaw called for approval of the agenda.
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County Attorney Stroman requested that .the following .amendments be
made to the agenda: Under Special Presentations/Appearances, add Item (A),
Presentation of artwork for dedication to the County, specifically Boykin's
Tavern, and move the Blackwater Regional-Library matter to Item (B) under
Special Presentations/Appearances; under Transportation, add a .matter
regarding the Route .460 Location Study; and, under the County
Administrator's Report, add an item pertaining to the request of a loan of
County property to the County of Surry. He requested .the following be
added under the Closed Meeting, for a total often (10) matters: Legal advice
pertaining to a real estate transaction; legal advice regarding issues regarding
the Annexation Agreement; acquisition of real property for a public purpose;
an economic development matter where no previous announcement has been
made; legal advice regarding resolution of a potential litigation matter;
potential settlement of two (2) items of actual litigation; acquisition of private.
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property for a public purpose; a matter pertaining to the acquisition of land
and a matter pertaining to the acquisition of utilities; and, one. (1) personnel
matter.
Supervisor Clark moved that. the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-Q) with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the
motion, and no Supervisors. voting against the motion.
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Chairman Bradshaw called for Special Fresentations.
Marvin A. Crocker, Jr. and family donated an original oil painting of
the "grist mill" adjacent. to Boykin's Tavern in memory of his. mother,
Alberta. Gray Crocker, and in honor of Mrs. Emily Edwards. He specifically
requested that the picture be hung in Boykin's Tavern with a notation
including as many of the notes as possible that his mother wrote on the back
of this picture.
Supervisor Clark moved that the Board accept the gift of the portrait
and instructed staff to place it at an appropriate place in Boykin's Tavern.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Bradshaw called for a presentation from the Blackwater
Regional Library Participation Review Committee.
Anne F. Seward, Assistant County Administrator/Administration, noted
that the Executive Summary of the Report addressed numerous issues and
concerns expressed relative to the County's participation in the regional
library system. She recognized Emma Jean Brady, Ms. Mary Frances Briley,
Ms. Sybil Gillespie, Ms. Dorthy Gwaltney, Ms. Melissa .Small, Ms. Liesl
DeVary, Mr. Mark Popovich, as well as hgrself, for assisting in the review
effort. She stated operational and service areas included contractual concerns
affecting the library system; financial and service merits, to include
disadvantages in a regional versus a local library system; impact of funding
and asset allocation policy; impact of various policies and procedures;
adequacy of communication; and, reporting practices of the regional library
system. She advised that it is the Committee's recommendation that the
County continue its participation with the Blackwater Regional Library due
to the following benefits: annual .local savings; increased annual state aid
received as a result of being a regional participant; lower operational costs;
economies of scale and professional service staff, to include access to arger
pools of library materials; and, a wide network of asset sharing for all grants,
gifts and donations received throughout the regional system. She stated the
Committee further recommends that the County request the Blackwater
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Regional Library explore .the establishment of more consistent contractual
terms among all of the jurisdictions in the regional library system; that there
be proportionate voting powers among the .member jurisdictions;. that a
periodic term for review for all contracts be established; that an annual
formula be created that would be utilized for financial purposes for. the
regional library system; that a clear delineation of asset ownership be
established; that open communications be established for both financial
elements and service issues; that certain reports be provided to all local
government bodies on an annual basis; that an annual oral report be provided;
that guidelines and policies be created surrounding the administration of
grants, gifts and endowments; that the protocol and communication policy be
amended; and, that there be an opportunity for the public and staff to
communicate their concerns and ideas about the operation of the regional
library system.
Supervisor Wright moved the Board. accept the report entitled "Isle of
Wight County -Blackwater .Regional Library Participation Review" dated
July, 2005. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright. voting in favor of the
motion, and no Supervisors voting against the motion.
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Supervisor MacManus moved that the Board direct .staff to prepare a
resolution. accepting, and showing the Board's endorsement of, the
Committee's recommendations for the Board's August 8, 2005 meeting; that
the resolution include, and be forwarded on to the Blackwater Regional
Library Board for its review and feedback to the Board by October I, 2005,
the Board's request for the development of an action plan to implement the
recommendations contained in the Isle of Wight County -Blackwater
Regional Library Participation Report by January, 2006. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor MacManus noted that the schools have access to the books
in .the regional library system; however, the books in the schools are not
generally made. available to the public, and he would like for the school
administration to consider making these books available to the general
public.
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Supervisor MacManus moved that the Board forward his question to
the schools, as to whether the books in the schools can be made available to
the general public. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
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Chairman Bradshaw indicated the Consent Agenda included the
following items:
A. Social Services -Emergency Assistance Funding
B. Camptown DSD -Long Term Water and Sewer Needs
C. Resolution to Accept and Appropriate Litter Prevention and
Recycling Grant Program Funds From the Commonwealth of
Virginia Department of Environmental Quality
D. Bicycle & Pedestrian Facilities Committee
E. Meeting Schedule Revision
F. Preliminary Subdivision Plat of Pulliam Estates, property of
Albert C. Pulliam, Jr., Track Lane (Route 624), Hardy
Magisterial District.
G. DEQ/Public Notices dated June 27, 2005 and July 11, 2005
H. Planning Commission Action List of June 28, 2005
L Delinquent Real Estate Tax Collection Monthly Report
J. June 16, 2005 Regular Meeting Minutes
There being no items requested for removal, Supervisor Wright moved
that the Board adopt the Consent Agenda, as presented. The motion was f
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
:Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
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Chairman Bradshaw called for Regional Reports:
Supervisor Clark reported that the discussion at .the most recent
meeting of the Mayors and Chairs Caucus evolved around transportation and
the proposed property tax freeze..
Supervisor Wright advised that Mayor Meyera Oberndorf had 'i
requested .letters of support of HRPDC's efforts to retain the Oceana Naval ~~
Air Station in Virginia Beach.
County Administrator Caskey advised that the Mayors- and Chairs.
Caucus is endorsing a letter of support to go out under the Chairman's
signature for the City of Virginia Beach's position on the BRAG issue.
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Supervisor Clark moved that the Board direct County Administrator
Caskey to draft a letter in support of the HRPDC's efforts to retain the.
Oceana Naval Air Station in Virginia Beach. The motion was adopted by a
vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
.Chairman Bradshaw reported that the Hampton Roads Partnership
members would be meeting with the .Governor in September, 2005 in
Richmond to discuss transportation issues. ~ .
Supervisor Wright reported that the Western Tidewater Water.
Authority's permit had been approved for 4.2 million gallons per day of
withdrawal.
Supervisor MacManus reported that the next High Growth Coalition
meeting would be on August 14, 2005.
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County Administrator Caskey reported that a Federal audit of the
Western Tidewater Regional Jail facility is currently underway fo determine
if the .rate being charged for housing Federal prisoners is .appropriate. He
stated that the indication is that the rate will be going down significantly,
which will result in the. Jail realizing less revenue in the coming years for
housing Federal prisoners.
Chairman Bradshaw reported. that. International Paper (IP) recently
underwent a restructuring, and intends to sell all real estate and timber
holdings in the County. He noted that significant changes in ownership of
the property are anticipated. He stated that the paper mill, based on initial
reports, does not appear to be in jeopardy of being spun off from the
corporation, but IP .will be significantly downsizing. He stated that the
Franklin milt would remain in place for the time being; however, the sawmill
is questionable. He advised that he and Mr. Small would be meeting with IP
executives in the near future. He noted at this time, the effect on the County's
tax .base is unknown; however, IP's restructuring could have a significant
impact.
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Chairman Bradshaw called for Transportation Matters.
Sandon Rogers, .Transportation Planner, advised that with respect to the
list contained in the agenda referencing VDOT responses to action items
from various Board meetings through. July 7, 2005,. the VDOT Resident
Engineer and Assistant Resident Engineer were present to address any
questions the Board might have.
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Chairman Bradshaw thanked Mr. Neblett and Mr. Lomax for their
recent .efforts in moving. projects forward. He noted there has been
significant progress in this area although funding and staff has been cut back '
at the state level. •
Supervisor Wright inquired about the status of the emergency lights in
Windsor.
Mr. Rogers replied that the .Board should anticipate receiving a letter
notifying them of a meeting that will be set in the near future to discuss what
the best option is in terms of signs to be utilized in the Town of Windsor.
Teresa Johnson of Sugar Hill Road reported that traffic backups at the
stoplight in Bartlett at the detour from the Kings Highway Bridge towards the
Town of Smithfield have been relieved as a result of the light being extended.
She requested necessary action be taken to have the dip in Sugar Hill Road
repaired .that has occurred as a result of builders crossing Sugar Hill Road to
install water and sewer lines. She further requested that VDOT install a
"Caution Detour Ahead" sign before the intersection at Bartlett.
Supervisor Clark moved the Board direct staff to coordinate with
VDOT on the issues raised by Ms. Johnson. The motion was .adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting" in favor of the motion, and no Supervisors voting against the
motion.
Pete .Green of Mill Creek Drive requested that the new alignment of
Route 460 be relocated 2,000 feet south of its existing- path to avoid directly
impacting twenty-one (2l) homes located on Mill Creek Drive. He stated
VDOT is expected to present its proposal on the exact routes to the Highway
Commission in Richmond sometime in the Fall. He specifically requested
that the Board correspond with VDOT and request that its meeting scheduled
for the Fall be delayed to allow him additional time to present his
recommended .alternative to the Board and VDOT. He stated that he is
currently attempting to obtain an aerial. photograph of the proposed route.
Chairman Bradshaw moved that the Board direct staff to obtain a copy
of the. aerial photographs from VDOT that were presented at the public
hearing of the proposed alignment of Route 460, .and provide a copy to Mr.
Green. The motion was adopted by a vote of (S-0) with Supervisors
MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Jonathan Hartley, Director of Planning and Zoning, referred to a Board
Report faxed and emailed to the Board prior to the meeting entitled "Hybrid
Alternatives to the Candidate Build Alternatives for. the Route 460 Location
Study." He advised that staff had recently attended a meeting that included
the counties of Prince George, Sussex and Southampton, and. representatives
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of the Towns of Smithfield and Windsor, at which time a hybrid route for the
Route 460 corridor was discussed. He advised that a letter has been drafted
that indicates that the County is still in favor of the southern corridor (CBA
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Southampton, which are west of the County, may also have an interest in
shifting the corridor to the. north. He stated the County's main interest in
CBA 1 is to go south of Windsor to serve the industrial area, but the letter
also emphasizes an interest in an interchange at .the Shirley T. Holland
Commerce Park.
Chairman Bradshaw requested that the letter be revised to communicate
that the Board has concerns with the alignment as it was presented at the
public hearing with respect to the Barrett Town Road/Nlill Creek Road
intersection, and that the route should run further south in order to avoid
impacting the residential homes that are located in that vicinity. He stated the
letter. should also advise that the Board has a concern with the interchange at
the industrial park.
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Supervisor MacManus moved the Board approve the letter as discussed.
in its amended form to incorporate Mr. Green's request to move the route
2,000 feet in order not to directly impact twenty-one (21) homes along Mill
Creek Drive at the Barrett Town Road .intersection, and to ensure that the
CBA-1 alignment had an intersection at the Shirley T. Holland Commerce
Park. For the purpose of clarity, staff is to break down into bullets in the
letter the adjustments the -Board wishes to see on CBA- L The motion was
adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw
and Wright voting in favor of the motion; Supervisor Clark absent for the
vote; and, no Supervisors voting against the motion.
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Chairman Bradshaw called for Citizen's Comments.
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Herb DeGroft of Mill Swamp Road addressed the Board with respect to
a $78.7 million budget of which 16% of the population receives 66% of the
budget. He noted 19.5% of the population are senior citizens, who receive
only 13% of the budget. He stated the budget, when broken down, represents
$10,200 per student; however, only $1,000 per senior citizen. He noted that
the school administration has not yet.. implemented some of the
recommendations made from an efficiency study performed in 2001, yet
another efficiency study by the State is anticipated. He recommended that
the Board of Supervisors. meet jointly with the School Board on a regular
basis to discuss implementation of joint efforts with. the County.- He stated
that the needs of senior citizens are increasing, and he advised that he has
scheduled meetings to inform senior citizens about the changes occurring
with Medicare.
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At 7:00 p.m., Supervisor: Wright moved that the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted by a 'cote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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.Chairman Bradshaw called for a public hearing on the following:
The application of Archer L. Jones, II, Trustees for an exception to the
Chesapeake Bay Preservation Area Ordinance. Specifically, Section
4002 (B)(2)(a) to allow encroachment of 28 feet into the 100 foot
Resource Protection Area Buffer for the construction of asingle-family
residence. The property, containing 1.10 acres of land, is known as Lot
17 Ashby Way West, Phase 1 A of Ashby Subdivision, Carrollton, in
the Newport Election District.
Mr. Hartley certified that the encroachment requesting twenty-eight
(28) feet into the 100 foot RPA was duly advertised. He noted that staff had
incorrectly indicated in the Board Report that an encroachment of forty-seven
(47) feet is being requested. He recommended that a condition be placed by
the Board before. approval that would reference the plat surveyed by Art Ray
for Thomas C. Buck with a revised date of April 11, 2005.
Chairman Bradshaw called for persons- to speak in favor of, or in
opposition to, the application.
Attorney Riddick, representing the applicants, stated the 1989 lot does
not have sufficient .room to build a home without an encroachment into the
RPA. He stated that his client has done all that was asked of him, including
the redesign of the proposed footprint. He stated the Planning Commission
recommended unanimous approval to the Board.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
.Supervisor Clark moved the Board approve the application of Archer
L. Jones, II with the condition that the encroachment oftwenty-eight. (28) feet
be developed pursuant to the plat that was surveyed by Art Ray for Thomas
C. Buck with the revised date of April 11, 2005. The motion was adopted by
a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Chairman Bradshaw called for a public. hearing on the following:
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The application of Cecil S. and Carol G. Rhodes for a change in zoning
classification .from Rural Agricultural Conservation (RAC) to
Conditional-Rural Residential (C-RR) of 3.572 acres of land located on ,
the west side of Quaker Road (Route 654), north of Sandy Ridge Drive
(Route 601, in the Windsor Election District. The purpose of the
application is for two (2) single-family residential lots, as conditioned.
Chairman Bradshaw called for persons to speak in favor. of, or in
opposition to, the proposed application.
Cecil Rhodes of 19583 Quaker Road in Windsor requested the Board's
favorable approval of his application. He stated that all requirements have
been met; he has exceeded what is required with respect to buffers; no
agricultural land is being used; and, an existing entrance to the highway is
being used. He stated that over one (1) acre of the farmland that these lots
are being created from has been dedicated for road improvements, and that he
has offered cash proffers in the amount of $9,200 per lot.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Wright moved the Board approve the application of Cecil S.
and Carol G. Rhodes, as .conditioned. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion,. and no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
The application of JLB, LLC for a change in zoning classification from
Rural Agricultural Conservation (RAC) to Conditional-Rural
Residential {C-RR) of 102.481 acres of land located on the west and
east sides of Bowling Green Road (Route 644) near its intersection
with. Orbit Road (Route 637), in the Windsor Election District. .The
purpose of the application. is for seven (7) residential lots, as
conditioned, fronting Orbit Road and Bowling Green Road.
Chairman .Bradshaw called for .persons to speak in favor of, or in
opposition to, the proposed application.
Brian Babb of 11365 Central Hill Road. advised that his family has
decided to sell some of their non-production land in order to be in a position
later to purchase additional farmland when it becomes available. He .stated
his family has proffered $1.1,189 for all seven (7) lots, and that none of these
lots would be subdivided through family-member transfers in the future.
Holly Leman of Bowling Green Road advised that the roadway is not
in sufficient shape to handle additional traffic, and that there would be
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increased trash alongside the roadway. She stated her biggest concern is
what will happen to the acreage that goes along with the. farm in the future...
Chairman Bradshavd closed the public hearing and called for comments
from the .Board.
Supervisor MacManus thanked the applicant for offering to pay full
cash proffers, which will help to offset the cost of adequate public facilities.
Chairman Bradshaw requested Mr. Hartley to address the issue of
traffic. .
Mr. Hartley advised that each new residence equates to ten (10) trips
per day, for an additional seventy (70) trips per day. He stated the most
current road trips, which date back to 1999, show 200 trips per day, as
opposed to Longview Drive which currently handles 1,400 trips per day.
Supervisor Clark inquired if there was any restriction on family
member transfers on the residual parcel.
Mr. Hartley replied only on the parcels that are proposed for rezoning.
Chairman Bradshaw noted that when the Board limits family member
transfers, it also limits future generation farmers .from .building on their
farms. He stated it is the responsibility of the Planning and Zoning staff to
monitor and ensure that family member transfers are legitimate.
Mr. Hartley stated the Subdivision Ordinance, currently under revision,
states that family. member transfers .are exempt as long as they are not an
attempt to circumvent the Ordinance. He advised that property sold for
residential purposes outside of the family must be rezoned. He advised. that
there have been a number of instances where residents have tried to transfer
in advance. of the three (3) year period, and the applicants have had to come.
before the Board to rezone their property.. He agreed that if a property owner
builds on a lot before the land is transferred, it is out of his office's tracking
.system. Whenever staff is aware there is an intentional violation of the intent
to subdivide, appropriate action is taken to require that the lot be rezoned.
He stated staff has been successful in the past with catching some of the
people who are attempting to circumvent the Ordinance.
Supervisor Wright moved the Board approve. the application of JLB,
LLC, as conditioned. The motion was adopted by a vote of (4-1) with
Supervisors MacManus, Bradby, Bradshaw and Wright voting in' favor of the ,
motion, and Supervisor Clark voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
Ordinance to Regulate the Application of Biosolids
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County Attorney Stroman presented a proposed ordinance pursuant to
the Board's discussion at its July 7, 2005 meeting,.which was also within the
limits. of the authority available to the Board. He advised that a Section 14-
88.B has been created which requires indemnity of the owner from any
claims arising from the application of biosolids for a period of not less than
three (3) years. He certified for the record that the public hearing had been •
duly advertised.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed ordinance.
Sadie Boyer stated the language "exceptional quality biosolids" in
Section 1479 is unnecessary because the County can not be assured that
biosolids that are received are "exceptional." She inquired if the County is
prohibited-from testing pollutants for, which the state or federal governments
do not give reimbursement, and could the County choose to test for any
pollutant it wishes to, recognizing that the cost would not be paid by some
regulatory agency, and that either the County or the person requesting, would
be responsible for the cost of testing? She recommended that if a pollutant is
found through testing, the County should expect some type of
reimbursement.
She recommended that some type of liability clause be inserted. She
recommended on Page 2, Land Applier, it may not be necessary to include
language referencing a "valid" permit. She inquired if the County would be
protected if it included the language "pursuant to a permit"? She
recommended two (2) commas be inserted on Page. 3(C), one. { 1) after
"sludge" and the other after "quality." She stated with respect to the Virginia
Department of Health or the Department of Environmental Quality, is it one
(1) agency or the other, or are there times when regulations are considered by
both agencies? On Page 3(D), she inquired if the word "valid" is necessary,
and asked if it should be "andlor" or some other language? She noted that
the language "in compliance with all applicable federal and state statutes and
regulations, and in accordance with the provisions of the article" is unclear,.
and recommended "that is in compliance" be inserted. Under Section 1483,
she recommended "always" replace. "may" in the. statement beginning with
the "the Board of Supervisors."
County Attorney Stroman advised Ms. Boyer that her time to speak had
expired.
Chairman Bradshaw called for a five (5) minute recess. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisorsvoting against the motion.
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County Attorney Stroman stated that he had spoken with Ms. Boyer ~
during the break, but that her remaining comments were more than could be
discussed during the short recess. He offered to meet with Ms. Boyer and
provide a report back to the Board. He advised that there would not be any
disadvantage to tabling the matter should the Board feel that the additional
time to work through some of the comments made tonight. is worthwhile. He
stated if the matter was placed on the Board's agenda for its August 8, 2005
meeting, the Board would still have time to enact the Ordinance prior to the
issuance of any currently pending permits.
Delegate Barlow stated that the. state statute is in need of revision, and
he offered to address this issue for the County during the upcoming session
of the General Assembly. Noting that the key issue is whether or not the
sewage sludge is safe, he recommended introducing legislation that would
include the opinions of a nationwide commission of experts, as well as the
introduction of legislation that would provide the County with more authority
on a local basis than the state law currently allows.
George Hart of the Newport District recommended the language
"protecting the natural resources" be added under Section. 1479. Under
Section 1482(C), he recommended "authorized" replace "approved." Under
Section 1485 (A), (B), and (C), he recommended inserting "immediate" in
front of "notification". Under Section 1486, he recommended no application
during fhe delivery of school-age children along the affected area.
Charles Nikerk of Three Drivers Lane recommended that a "bill of
lading" be required showing the chemical composition of the shipment. ~~,
Albert Burckard of Titus Point Lane echoed the comments of Delegate i
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Barlow.
Steve Adams of Hampton, representing the Cypress Creek development
and the Cypress Creek Homeowners Association, .referenced Section 14-89,
.:and inquired to whom it will be submitted, and who would be writing the
check? He requested language be included explaining the proper process for
the spreading of biosolids. He inquired if applying biosolids in an area
adjacent to a residential development would be an improper spreading? He
encouraged the Board to request more authority from the state legislature,
and that the Board recommend denial of Mr. Saunder's permit.
Sharon Hart of the Newport District advised that the Isle of Wight
Citizens Association had requested Delegate Barlow to investigate whether
or not Language could be included on property deeds where biosolids had
been applied to disclose to a new owner, before the property is sold, that
biosolids had been applied. She suggested that this information also be
included in the County's ordinance. ~~,
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Chairman Bradshaw closed the public hearing and called for comments
from the Board.
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Supervisor MacManus requested the County Attorney advise the Board r
how a landowner's land will be controlled for at least thirty (30) days, per
Section 14.83., Land Application, as cited under Recyc System's,. Inc.
application, and what signage will be displayed to warn that there has been
land application of biosolids. He stated Recyc System, Inc. requires
landowners to sign an agreement that states Recyc System's, Inc. concern
with respect to the impact biosolids can have on the feeding of livestock and
the foliage that. could be used for the feeding of livestock. He inquired if tre
County could make this part of its Ordinance in order to ensure the safety of
the community?
County Attorney Stroman offered to research, and report back to the
Board, whether or not. language could be included in the Ordinance that
enforces a landowner's agreement.
Supervisor Bradby inquired who would be .responsible for the
monitoring efforts?
County Attorney Stroman replied that the County would designate a
person to do the monitoring.
Supervisor Clark moved the Board table the matter until the Board's
August 8, 2005 meeting so that the Board can take into consideration all
comments, including those of Ms. Boyer; Mr. and Mrs. Hart; Mr. Nikerk and
Mr. Adams; direct the County Attorney to research .and report back to the
Board if .the County can enforce the landowners agreement, and. consider
issues with respect to access to the land and signage, who will be responsible
for monitoring, and what avenues does the County have with respect to the
.monitoring, specifically. who can and who can not per the Code of Virginia?
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Bradshaw called fora public hearing on the following:
Land Application of Biosolids by Recyc Systems, Inc.
County Attorney Stroman noted that the purpose of the public hearing
is to receive comments from the public on the land application of biosolids to
the Virginia Department of Health by Recyc Systems, Inc. He advised that
the Board could make recommendations to the state agency, but that it is the
state agency that .decides whether or not to grant the permit, and any
associated conditions that might be imposed. He advised that the County has
requested, and the state has agreed to extend, the comment period. to August
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28, 2005, so .there is additional .time for the Board and citizens to offer
comments.
Jonathan W. Hartley, Director of Planning and Zoning, made reference
to two (2) items that were placed in front of the Board. that were received by
mail recently. He advised that he and. Ms. Morris had made site visits to the
properties, with a significant .amount of time being dedicated to the Saunders
property, which .adjoins Cypress Creek. He referred to a map for the Board's
use that was prepared pursuant to its request.
Chairman Bradshaw opened the floor for comments on the .Barlow
Brothers northern site application.
Curtis Peterson of Rescue advised that he had previously used sewage
sludge on his farm in north Florida, and. that increased- yields were received
as aresult for six (6) years before he moved off the farm and could no longer
track the results. He advised- that his and two (2) other families lived within
100 yards of the field, and that the horror stories about contamination, strong
odors and negative health effects, are all contrary to his own experience. He
advised that he had contacted the Virginia Department of Health and was
advised that the chloroform bacteria content of the applied biosolids were
lower than that at the lake at Cypress Creek and on many of the shopping
carts found at local supermarkets. He noted that he had contacted Recyc
:Systems, Inc. and requested an analysis of its product, which reflected a very.
low level of contamination.. He stated that the application of biosolids in the
County would take place in the Fall, at a time when activities are minimized,
and when low temperatures will inhibit any odors that may be released. He
stated biosolids would be applied, at the most, every four (4) years, and that
the soil would be monitored during that time. He stated recycling of waste
materials is a national priority, and human waste is a material that is
threatening to become a national problem, unless recycled. He stated that the
principal material of concern of which biosolids is composed is produced in
quantity by County residents, and is treated in septic tanks in homes
throughout the County. He stated it is processed by bacteria, and in liquid
form enters the County's soils and flows untested and. unregulated into the
lakes, streams, and the Chesapeake Bay with few public health issues. He
pointed out that .people also have a tendency to plant their gardens over the
most fertile portion of their yard, which tends to be over .the septic tank and
drainfield. He recommended that the applicants be given permission to apply
the. biosolids.
Al Corvino of Cypress Creek read a letter into the record written by Dr.
Jeffrey D. Forman, MD, FCCP, dated July 21, 2005, expressing his concern
with biosolids being applied to County farmlands. He read that Dr. Forman
had reviewed literature on biosolids waste management disposal, and found it
to be conflicting. He stated there seems to be a persistent concern that. these
biosolids are unsafe as they carr,~ toxins, irritants, and microorganisms that
may be harmful to humans, domestic animals and wildlife. He stated this
I4
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1
D
material could cause injury through direct exposure or indirect exposure via
run-off into our waterways, well water, or nonrecipient lands. He stated that
ingested material may be carried through the food chain, causing a secondary
type of injury, .and these exposures could result in infections, inflammatory
conditions, and cancer. He stated a concern for him as a lung doctor would
be the possibility of biosolids becoming aerosolized, which could cause
respiratory infections and exacerbate or cause asthma and chronic bronchitis.
He inquired how the County could be sure that an individual load would not
contain a toxin? He questioned how often the product would be tested, and
asked if follow-up testing would be provided once the material is dumped?
He recommended that. the Board thoroughly research the issue, and that an
assignment of responsibility and liability should be made in cash health
problems develop in the future.
Dennis Torrence. of 3575 South Shore Drive in Smithfield advised that
his family owns a home in Rushmere Shores where they spend weekends,
and a 1 SO acre farm in Appomattox County, which received its first sewage
biosolids in the summer of 2002. He advised that he is a diary farmer and an
agriculture teacher, and over the years has served on the Appomattox County
Board of Supervisors, the Robert E. Lee Soil and Conservation District
Board, and the Central Virginia Planning Commission. He expressed his
concern about the ever-increasing pollution of Virginia's rivers and the
Chesapeake Bay, and stated that interstate biosolids are currently spread on
approximately 40,000. acres throughout Virginia. He pointed out that the
federal government stopped the dumping of the same sludge. into the Atlantic
Ocean in 1992 due to the identical problems and concerns being expressed ,
today. He stated, as a result, the Washington, D.C. and. New York
metropolitan areas had to landfill their sludge at a considerable cost, and over
the last several years, these municipal governments have found a place in
rural .Virginia to dump their sludge, peddled as free biosolids fertilizer for
.farmland. He stated as a farmer, he chose not to use this product because he
has always been skeptical of anything free. He pointed out that sludge. is not
allowed on federal and state controlled farmland, nor is it used. on Virginia
Tech's experimental farm. He stated that a waiting period. of 365 days is
required for growing vegetable crops; 65 days for grazing dairy cattle; and,
30 days for beef cattle; however, there is no waiting period for commercial
fertilizer, or farm animal waste. He stated that he was also concerned with the
monetary value of his property. He stated based on four (4) years of
experience in Appomattox County, while it was true that human sewage
industrial biosolids did make the grass and corn grow; it did save the farmers
money on their fertilizer bill; it did save the citizens in the District of
Columbia and New York a considerable amount on their tax bills; and, it did
make a lot of money for the sludge spreading companies: It also lowered
property values; increased the health risk for neighbors; added to the
pollution of the state's rivers, streams and Chesapeake Bay; lowered the
quality of life for those who live close to the land that was being spread; and,.
did make Appomattox County a less. desirable place to live. He left a copy of
a letter to the editor from a woman in Appomattox County who lives across
IS
from a 400-acre tract of land that was spread with biosolids for the Board to
.read.
Grace .Keen of Benn's Church. Boulevard inquired how many of the
elderly and .handicapped residents of the County would. be affected by the
odor or environmental changes from the biosolids operation? She stated a
recent survey was conducted concerning the health of 3,638 individuals over
the age of 65 that live in-the County. She stated hot conditions affect 1,104
of these seniors, and asthma and bronchitis affect 460. $he stated. just the
odor alone from this type of operation could trigger an asthma attack. She
stated anyone suffering from asthma or a heart condition could be affected by
the spreading of these biosolids.. She stated the Commission on Aging and
the Isle of Wight Citizens Association would like the Board's permission to
conduct a survey of the area to determine how many elderly, handicapped
and others .residing in the County have health problems that could be affected
by the spreading of biosolids. She requested that the Board let her know
about the possibility of conducting such a survey as soon as possible.
..i.
Pat Clark of Twin Hill Lane stated the Senior Services of Southeastern
Virginia recently did a study on the needs of County senior citizens, and.what
could be done to help them. He stated that while he .admires. and respects
farmers, he has heard the opinions of two (2) different biosolids experts, and
received conflicting information from -each. He stated that he has viewed the
tapes sent to the County from northern Virginia. from residents who lived
adjacent to where biosolids had been spread, and the elderly were having
asthma and. other medical problems that they had never experienced before.
He recommended that the Board further study the matter with respect to its
safety,. and to proceed with caution as the health and well-being of the
County's seniors are dependent on it.
Steve Adams of Hampton, representing Cypress Creek Home Owners.
Association, stated that the Department of Health had released a form to
register items classified as dangerous to be around when biosolids are being
distributed, and he had advised that Cypress Creek has five (5) of the six (6)
concerns identified in the survey. He stated that the application of biosolids
is not supported around schools, hospitals or densely populated areas. He
recommended. that the Board recommend denial of Mr. Saunder's application.
to the Virginia Department of Health.
Chairman. Bradshaw closed the public hearing and called for comments.
from the Board.
.Supervisor MacManus inquired about the proximity of the closest
home.
Rachel M. Morris, Rural Economic Development Manager, noted that
while one home is located across the road on Purvis Lane, the area is very
isolated.
16
Mr. Hartley advised the Board that notices of the public hearing had.
been sent to all adjoining property owners.
Supervisor Bradby stated that while there are many unanswered
questions about the application of biosolids, this site would appear to be an
ideal site.
Supervisor Clark noted that he is in favor of recommending approval of
the application to the Virginia Department of Health because this site is so
remote; however, he could not support the other four (4) applications.
Supervisor Clark moved, and later withdrew his motion, that the Board
recommend to the Virginia Department of Health approval of the application.
Supervisor MacManus noted he would rather advise the Virginia
Department of Health that the Board is neutral on this application.
Chairman Bradshaw stated he prefers that the Board send no comments
on this application to the Virginia Department of Health.
The Board decided to take no action on the Barlow Brothers site north
application and offered no comments to the Virginia Department of Health.
With respect to the Barlow Brothers site south application, Mr. Hartley
advised that there are a number of homes located along Scotts Factory Road,
but once you go north into the Barlow property, there are no adjacent
residences until you reach the very northern tip.
Supervisor Clark stated that he is not supportive of any biosolids
applications on properties that are located near a residence or main
thoroughfare.. He stated the sludge has not been proven to be safe, the state
only has two (2) inspectors to -cover the entire state, -and the Environmental
Protection Agency does not inspect the material at all. He stated he does not
have a problem with farm waste, but he does have a problem with- what goes
down a toilet.
Supervisor MacManus stated this was not an appropriate site because
of the waters- surrounding the .property, and the close vicinity of the homes
and the school to the site.
1
Supervisor Wright stated there are conflicting views on the safety of
biosolids, and the only stories heard are from the. people who were affected.
He stated nothing is heard about the employees who handle the waste every
day, and he is concerned that people will begin to place the blame on
biosolids whenever they become ill. He stated he would like further
scientific proof that the material is safe.
17
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Chairman Bradshaw stated because there are so many :unknowns, he
would prefer not to comment on the Barlow Brothers site south application.
He stated that he is not in favor of sending. comments of denial to the
Virginia Department of Health.
Mr. Hartley noted that the Board would have to visit the site to
understand how. isolated and .remote it really is. He stated that while this site
geographically has a lot of development around it, it is fairly isolated.
Supervisor Clark noted that the material would be airborne, though,
and would travel across the roadway.
Supervisor Clark moved to recommend to the Virginia Department of
Health denial of the permit for the Barlow Brothers Site South: The motion
was adopted by a vote of (3-2) with Supervisors MacManus, Bradby and
Clark voting in favor of the motion, and Supervisors Wright and Bradshaw
voting against the motion.
With respect to the Owens site application, Mr. Hartley noted the
surrounding area consisted primarily of pasture land, but approximately
twelve (12) homes would be affected across the street.
Supervisor MacManus stated he could .not support the application
because of the location of the nearby twelve (12) homes.
o~
.i
Chairman Bradshaw stated he would not like to offer any comments. to
the Virginia Department of Health on this application.
Supervisor MacManus .moved the Board recommend to the Virginia
Department of Health denial of the permit for the Owens site. The motion
was adopted by a vote of (3-2) with Supervisors MacManus, Bradby and
Clark voting in favor of the motion, and Supervisors Wright and Bradshaw.
voting against the motion.
With respect to the Saunders site, Mr. Hartley stated this site adjoins
the Cypress Creek development. He stated it does not appear Ghat -the
drainage from the Saunder's property migrates onto the Cypress Creek
property.
Supervisor MacManus moved the Board recommend to the Virginia
Department of Health denial of the permit for the Saunders site. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark- and Wright voting in favor of the motion, and no
.Supervisors voting against the. motion.
With respect to the Stallings site, Mr. Hartley advised that the property
leads to a creek where new homes will be built, although the biosolids will be
spread in the fields in the front.
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Chairman Bradshaw stated that he did not have a problem with this
application as it is Igcated in the agricultural and forestal area of the County. ,
He stated that he would prefer not to comment.
Supervisor MacManus moved the Board recommend to the Virginia
Department of Health denial of the permit. for the Stallings site.. The motion
was adopted by a vote of (3-2) with Supervisors MacManus, Bradby and
Clark voting in favor of the motion, and Supervisors Bradshaw and Wright
voting against the motion.
Chairman Bradshaw moved that when comments are sent to the State,
the actual vote of the Board be presented. The motion was adopted by a vote
of (3-2) with Supervisors Bradby, Bradshaw and Wright in favor of the
motion, and Supervisors MacManus and Clark voting against the motion.
Chairman Bradshaw called for a public hearing. on the following:
Ordinance Amendment to Regulate Grass-Cutting on Residential
Property
1
County Attorney Stroman advised that the public hearing had been
duly advertised. He thanked Delegate Barlow for assisting the County in
obtaining the legislative authority to have overgrown grass cut. He
distributed an amended Ordinance, pursuant to the Board's previous
discussion, that includes language pertaining to a three (3) day violation. He
stated the Board may wish to discuss whether it desires to have this three (3)
day violation apply to both types of grass cutting.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to the proposed Ordinance.
Dwight Doggett of 12452 Red House Road spoke in opposition.: He
stated many individuals -have been moving into the County from across the
James River Bridge because they like. the rural setting, and they like to watch
the farmers working in the. fields and see the crops. He stated after living
here for awhile though, some of these individuals discover that rural living is
not quite what they thought it should be. He stated he would not be opposing
this Ordinance if the area. under discussion was downtown .Smithfield, but
there is a great deal of difference .between downtown Smithfield and the
surrounding rural areas of the County. He stated tall grasses are habitats for
wildlife, and he encouraged the Board not to adopt the Ordinance.
Sharon Hart of the Newport District inquired if the Ordinance applied
to properties consisting of five (5) acres. that are zoned RAC, or only in
residential developments? She stated she did not agree that properties
consisting of five (5} acres or more should have to cut their grass to twelve
(12) inches. She stated grass grows too quickly. in the summer, and residents
19
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with large tracts are not .able to keep up with the maintenance. She
recommended that the height of the grass be allowed to grow eighteen (18) •
inches versus twelve (12) inches.
Chuck Paul of 24313 Bay Farms Road inquired if the Ordinance
applies to his five (5) acre tract of land that is zoned Agricultural Limited.
He stated the Codes Enforcer is already overworked, and enforcing this
would only add to his workload. He stated that he was cited for violating the
garbage provision of the Ordinance because his son is working on a car. He
stated it makes him very nervous when he receives a violation letter from the
County, and he would recommend that the County Have a person on staff for
people to discuss their individual concerns. He stated that he has sent. the
County a letter that he is not in violation of the Ordinance, and he is awaiting
a response. He stated he can not afford to go to court, and he is fearful that
the County might be able to take his property from him.
County Attorney Stroman advised that .the Ordinance pertains to
property that is zoned residential, not agricultural.. He stated with respect to
the amount of property, the Ordinance applies to parcels of up to 1/2 acre in
size, and it would not apply to five (5) acre tracts of land. He stated with
respect to Mr. Paul's comments, the first communication a citizen would get
from the County is not a letter, but an invitation to have a discussion with the
.Codes Compliance Officer. He stated the County will not be taking anyone's
property, and the worst case scenario would be that the County would have
the option of cutting the grass and billing the owner for the cost to cut it. He
explained if an owner did not pay the cost to cut the grass, the County would
put a lien on the property, and when it was sold, the lien would be paid.
.I
1
Supervisor Clark stated the Ordinance's regulations are designed to
protect. the property values and help with. safety issues in subdivisions. He
stated the ordinance is currently law in many jurisdictions in the State of
Virginia, but this Board is just now getting around to considering it.
Supervisor Clark moved the Board adopt the following Ordinance, as
amended to include language pertaining to a three (3) day violation. period
and that the Ordinance apply to both types of grass cutting:
AN ORDINANCE TO AMEND CHAPTER 8.
GARBAGE, WEEDS AND LITTER, ARTICLE III.
CONDITION OF PREMISES
WHEREAS, the Virginia General Assembly has amended
Section .15.2-1215 of the Code of Virginia (1950), as amended; and
WHEREAS, in order to comply with the new requirements set
forth in Section 15.2-121 S of the Code of Virginia (1950), as amended,
the Board of Supervisors .deems it appropriate to amend the Isle of
Wight County Code.
20
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NOW THEREFORE, BE IT RESOLVED by the Isle of Wight
County Board of Supervisors that Chapter 8. Garbage, Weeds and
Litter, Article III. Condition of Premises be amended as follows:
Article III. Condition of Premises
Sec. 8-14. Maintenance Generally.
(c) All owners of occupied residential real property located in the.
county shall cut the grass, weeds and other foreign growth on such property
when such growth. exceeds twelve (12) inches in height, all in accordance
with Section. 15.2-1215 of the Code of Virginia (1950}, as amended.
Sec. 8-15. Removal of refuse, weeds, etc., by county - Generally
(c) Whenever the owner of occupied residential real property. located
in the county fails to cut the grass, weeds and other foreign growth, the
county, after reasonable notice, may have such grass, weeds or other foreign
growth cut by its agents or employees, in which event the cost and expenses
thereof shall be chargeable to and paid by the owner of such property and
may be collected by the county as taxes and levies are collected.
1
Sec. $-15.1.Penalties.
(a) Violations of subsections (a) and (b) in Sections 8-14 and 8-15,
respectively, shall result in the following civil penalties:
(i) Fifty Dollars ($50) for the first offense; and
(ii) Two Hundred Dollars ($200) for subsequent violations not
arising from the same set of operative facts within twelve
(12) months of the first offense.
Every three day period during which the same violation is found to
have existed shall constitute a separate offense. In the event three civil
penalties. have previously been imposed on the same defendant .for the same
or similar violation, not arising from the same set of operative facts, within a
24-month period, such violations shall be a Class 3 misdemeanor.
(b) Violations of subsection (c) in Sections 8-14 and 8-15,
respectively, shall be punishable by a civil penalty of One Hundred Dollars
($100). Every three day .period during which the same violation is found to
have existed shall constitute a separate offense.
1
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
21
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//
Supervisor MacManus moved that the Board return to the regular order.
of the agenda. The motion "was .adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting. against the motion.
Chairman Bradshaw called for a five (5) minute. recess. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, .Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
/~
e.
Chairman Bradshaw called for the County Attorney's report. ~
County Attorney Stroman stated that the Board has already .considered
the first two (2) issues under his report, .and the remainder of his items would
be discussed with the Board later during the closed meeting.
/!
Chairman Bradshaw called for the Community Development Report.
Mr. Hartley presented the request of Sheriff Phelps to temporarily
occupy the modular unit, formerly occupied by the Information Technology
Department (IT), located between the Registrars Office Building and the.
Social Services Building at the Courthouse Complex in the Courthouse
Historic District for an additional ten (10) year period. He .stated that the
Historical Architectural Review Committee had met on July.6, 2005, and had
voted unanimously to recommend approval to the Board for a period of ten.
(10) years with the condition that the unit be routinely maintained in an effort
to uphold the integrity and historic character of the Courthouse Complex.
Supervisor MacManus noted that the trailer is an eyesore and is in need
of landscaping. He recommended .bushes around the trailer, and concrete
stairs.
Chairman Bradshaw moved the Board approve the request with a time
limitation of ten (IO) years, until December 10, 2015, with the condition that
the unit be routinely maintained in an effort to uphold the integrity and
historic character of the Courthouse Complex, and that appropriate
landscaping be accomplished to include concrete stairs and bushes to hide the
trailer. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
22
opnM 23 .. .?7?
Beverly H. Walkup, Assistant Director of Planning and Zoning,
presented a request of W. C. Sawyer for exemptions to the Highway Corridor
Overlay District to allow work doors to face the highway and a building with
a long monotonous facade for Sawco Self Storage Expansion,. Mini
.Warehouse, Carrollton Boulevard (Route 17), Newport Magisterial District.
She stated that the Planning Commission has addressed the concerns of the
Board by applying- conditions to the recommended approval, and that the site
plan would be coming back to the Board for consideration following this
request for exemption.
Supervisor MacManus stated that the one (1) foot berm was not
adequate, and he suggested stone or some type of decorative fencing be
installed.
Supervisor MacManus moved the Board approve the request of W. C.
Sawyer. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for the Parks and Recreation Report.
1
1
Alan S. Nogiec, Director of Parks and Recreation, stated-pursuant to
the Board's direction for- staff to proceed with the bid process for the
installation of an identification sign for the Central County Park and
Fairgrounds sign, he would recommend that the Board approve the bid in the
amount of $36,452.
Chairman Bradshaw turned the meeting over to Vice-Chairman Wright
noting a personal involvement with one (1) of the issues pertaining to the
matter.
Supervisor MacManus moved that the Board accept the bid. The
motion was adopted by a vote of (4-0-1) with Supervisors MacManus,
Bradby, Clark and Wright voting in favor of the motion; Supervisor
Bradshaw abstaining from voting; and, no Supervisors voting against .the
motion.
Mr. Nogiec introduced the issue of a name for the Central County Park
and Fairgrounds.
.Chairman Bradshaw excused himself noting a potential conflict of
interest.
Mr. Nogiec stated pursuant to the Board's previous direction, staff had
created a competition coordinated through .the Employee Relations
23
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Committee representatives from each department, as well as solicited
recommendations from .the Historical Society. He stated the Historical
Society's suggestion. was to name the park the Isle of Wight County Heritage
Park, and staff s recommendation was to name the property the Isle of Wight
County Fairgrounds until such time as the .park development becomes more
prominent. He stated there would be components within the fairgrounds
property that could be named after Joel C. Bradshaw, Jr.
Supervisor MacManus suggested the park be named the Isle of Wight
County Heritage Park and that the fairgrounds be .named after Joel C.
Bradshaw. He stated that. both Joel C. Bradshaw, Sr. and Joel C. Bradshaw,
Jr. had played a significant part in establishing the Fair.
Supervisor MaeManus moved that the facility be called the. Joel C.
Bradshaw Fairgrounds at the Isle of Wight County .Heritage Park. The
motion was adopted by a vote of (4-0-1) with Supervisors MacManus,
Bradby, Clark and. Wright voting in favor of the motion;. Supervisor
Bradshaw abstaining from voting;. and, no Supervisors voting against the
motion.
//
Chairman Bradshaw called for the Public Utilities report
Columbus Grant, III, Director of Public Utilities, addressed the issue of
a permanent pump and haul septic permit for Chuckamuck's Restaurant. He
stated that .the owner is desirous of rebuilding the former Chuckamuck's
Restaurant that burned down several years ago in Rescue. He stated in order
to operate the restaurant now, the owner must pump his waste. He stated the
County has a permanent pump and haul, permit, under which Chuckamuck's
Restaurant can operate, and .it was staff's recommendation that a permanent
pump and haul agreement be drafted with Chuckamuck's Restaurant,
pursuant to the conditions. noted in the Board Report.
Supervisor Clark moved that the Board authorize staff to draft a
permanent pump and haul arrangement for Chuckamuck's Restaurant,
pursuant to the following conditions:
1: The owner will be required to provide a bond in a form
acceptable to the County Attorney in an amount to protect the
County from all potential liability as a result of the County's
agreement to add the owner to the County's permanent pump and
haul permit;
2. A .grease interceptor will be required in accordance with County
regulations;
24
3. Ahigh-level alarm system satisfactory to the County will be
required to be installed at the owner's expense;
1
4. The owner must contract sewer disposal with a private sewer '
disposal company; and,
5. The County reserves the right to withdraw its sponsorship of the
owner's permanent pump and haul permit if, in the County's. sole
discretion, it is advisable to do so.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
/I
Chairman Bradshaw called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, presented a
request for an .engine purchase from the Windsor Volunteer Fire Department.
1
Supervisor Wright moved that the Board authorize disbursement of the
capital funding in the. amount of $300,000 to the Windsor Volunteer Fire
Department (WVFD) for the purchase of the engine. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
//
Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey advised the Board that the information
included in the agenda, package is for the Board's information only at this
point, and .that there would not be a presentation on the Hampton Roads
Planning District Commission Port Security Grant project tonight.
Liesl R. DeVary, Director of Budget and Finance, presented a contract
with, Tyler Technologies, Inc. for. the purchase and implementation of the
DBS system software. She stated aphase-in implementation schedule will go
live on January 1, 2006, and staff is requesting that the Strategic. Plan be
amended to meet the proposed target dates.
1
Supervisor Clark moved the Board authorize the Chairman to sign the
System Agreement. with Tyler Technologies, Inc., contingent upon- review by
the County Attorney. The .motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
25
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Supervisor Clark moved. that the Board adopt the following Resolution
to Appropriate Funds from .the Unappropriated Fund Balance for Computer
Software Replacement: '
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR COMPUTER SOFTWARE
REPLACEMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia. has approved additional funding for the replacement of the County's
computer software system and,
WHEREAS, funds in the amount of one hundred twenty thousand
dollars ($120,000) need to be appropriated from the Unappropriated Fund
Balance of the General Fund to the FY 2005-06 Operating Budget to fully
fund the project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that of one hundred twenty thousand
dollars ($120,000) from the Unappropriated Fund Balance of the General
Fund be appropriated to the FY 2005-06 Operating Budget.
.i
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was .adopted by a vote of (5-0) .with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting .against the motion.
Supervisor Clark moved that the Board adopt the proposed amendment
to the County's .Strategic Plan. to accommodate the revised projected timeline
for replacement of all modules. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
Donald T. Robertson, Assistant County Administrator/Operations,
advised. the Board that the property owner where the Ramsey. Convenience
Center is located has other plans for the property, and has advised the County
to vacate the property. He further advised that citizens wilt be redirected to
the Crocker and Wrenn's Mill. Convenience Center sites, and that the Crocker
Convenience Center has been expanded and should be manned prior to July
31, 2005.
Supervisor Wright inquired about the status of the boom truck. for the
Public Works Department.
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Mr. Robertson responded that the delivery date for the boom truck is
anticipated within the next two (2) weeks, and that the truck would most ,
likely be a 2405 model.
County Administrator Caskey presented a request from the Surry
County Administrator for the loan of a County trash vehicle for a period of
approximately thirty (30) days. He advised that the .County does have a
surplus vehicle that could be loaned one (1) day a week for approximately
four (4) weeks. He advised that there are also insurance issues that need to
be addressed before proceeding.
Supervisor Clark moved that the Board authorize all things necessary
to effectuate Surry County's use of a vehicle. The County Attorney is to
prepare the necessary liability agreement, and the County Administrator is to
sign it on behalf of the Board. The motion was adopted by a vote of (5-0}
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
/!
Chairman Bradshaw called for Appointments.
1
Chairman Bradshaw moved the Board reappoint Elaine Butler to
represent the Carrsville District on the Board of Building Appeals. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
//
Chairman Bradshaw called for Old Business.
Chairman Bradshaw .called for consideration of the request for
sponsorship of the Pig Jig Festival.
Chairman Bradshaw directed staff to contact the appropriate individual
and advise that the County is not in a position at this time to financially
support the request.
Supervisor. MacManus .recommended that the Board not act on the
request at this time, but wait and see what first comes .from corporate
sponsorships.
Mr. Robertson notified the Board that the Pig Jig Committee had asked
that if financial support was not forthcoming from the County, that the Board
acknowledge its support of this event, as this would be helpful in regard to
sponsorship of corporate entities.
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Supervisor Clark moved that the Board direct. staff to develop a
resolution of support and endorsement of the event for the Board's
consideration at its August 8, 2005 meeting. The motion was adopted. by a
vote of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and
Wright voting in .favor of the motion, and no Supervisors voting against the
motion.
Chairman Bradshaw notified the Board that the School Board has
agreed to make a public statement in support of consolidated efforts with the
County. He requested that County Administrator Caskey, in conjunction
with Dr. McPherson, develop an update letter for presentation .to both boards
at their first meeting of each month.
Supervisor MacManus inquired if Mr. Childress could meet with Mr.
Finderson, Mr. Catron, Mr. York and General Lilly with respect to hurricane
preparedness. He stated there are a number of outstanding issues that have
come up recently that need to be addressed at the meeting.
Richard O. Childress, Director of Emergency Management, advised
Supervisor MacManus that a meeting has been scheduled this week with the
individuals noted to discuss all outstanding issues with respect to hurricane
preparedness.. He offered to contact General Lilly and invite him to the
meeting.
Supervisor Wright reported on the recent NACo Conference held in
Hawaii. He advised that the County had received an award for the Benn's
Church area, and that a press release should be circulated to the local
newspapers. He further stated brochures were distributed. during the Virginia
delegation meeting .relative to the 2007 Convention to be sponsored by
NACo and held in Richmond. He stated Medicare prescription drug cards,
land use, stormwater and open space issues were discussed at the meeting, to
include the election. of officers and a gala reception. He advised that NACo
would be holding its conference in Chicago, Illinois next year.
County Administrator Caskey informed the .Board that all of the
materials- Supervisor Wright brought back from the NACo Conference are
being housed in his office should the Board wish'to review them.
Supervisor Clark notified the Board that York County has been
successful in revitalizing the Yorktown beach area. He invited the Board to
visit the beach area to see the significant changes that have been made. He
credited Yorktown for their efforts in revitalizing an area that once was run
down and uninviting.
//
Chairman Bradshaw called for New Business.
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a,CnM ~~ ~ ` .)(7,3
1
Supervisor MacManus moved that the Board direct staff to request that
all legal files in possession of the prior County Attorney be turned over to the
County Attorney. The motion was adopted by a vote of (5-0) with '
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman Bradshaw requested County Administrator Casket' to send a '
letter of request for all legal files on behalf of the Board.
Supervisor MacManus advised that Verizon had recently incorrectly
billed its customers on their telephone bills. He stated it was brought to
Verizon's attention that it had not been billing at the County's tax rate, and
Verizon sent out a notice stating that increases would be showing up in future
bills, .and giving the. impression that the increase was due to the County
changing its tax rate. He requested that a letter be sent by the Chairman to
Verizon requesting that an additional notice be sent out advising that there
was no County tax rate increase, and that instead the error was made on
Verizon's part by improperly billing at the County's current tax rate that
required the increase in cost to the citizens.
1
Supervisor MacManus moved that the Board authorize staff to send a
letter signed by the Chairman to Verizon requesting that Verizon send out
another notice on their bills to citizens advising that there was no tax rate
increase, but rather that it was an error on Verizon's part in the improper
billing of the current tax rates that required the increase in cost to the citizens.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus stated he received a letter from Brenda Joyner in
the Gatling Pointe area who was concerned about the marking of oyster beds.
Supervisor MacManus moved that that staff be directed to follow-up
with. Ms. Joyner to determine if her issue with respect to flagging of oyster
beds had been addressed. The motion was. adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in -favor
of the motion, and no Supervisors voting against the motion.
Supervisor MacManus advised a resident of Gatling Pointe had
contacted staff regrading .the illegal cutting of a tree that was located in the
RPA.
Supervisor MacManus moved that the .Board direct staff to develop a
report for. inclusion in the Consent Agenda with respect to the cutting of
mature trees located in the RPA at Gatling Pointe. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
29
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor MacManus moved the Board direct staff to provide a report
on the different methods used to euthanize animals at the County's Animal
Shelter. The motion was adopted by a vote of (5-0) with. Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Patrick J. Small, Director of Economic Development, distributed a
pamphlet intended to make individuals interested in moving into. the .County
aware of the agricultural activities that are present.
Chairman Bradshaw requested the. status of the Voice Over- Internet
Protocol (VOIP).
County Administrator Caskey recalled that he had previously sent a
letter to the Board which advised that due to changing legislation at the
Federal level, VOIP is no longer a critical issue.
//
County Attorney Stroman requested a closed meeting under Section
2.2-3711.A.7 of the Freedom of Information Act pertaining to legal advice
pertaining to actual litigation regarding a real estate transaction; under
Section 2,2-3711.A.7 legal advice regarding issues arising out of the
Annexation Agreement with the Town. of Smithfield; under Section 2.2-
3711.A.3 concerning acquisition of real property for a public purpose where
a discussion in open session would jeopardize the bargaining position of the
County; under Section 2.2-3711.A.5 discussion of a prospective economic
development relocation in the County where there has been no prior
announcement; under .Section 2.2-3711.A.7 to receive legal advice and
briefings from staff regarding a probable litigation matter; under Section 2.2-
3711.A.7 regarding two (2) items of potential settlement of actual litigation
arising out of a Board of Equalization lawsuits; under Section 2.2-3711.A.3
acquisition of private property for a public purpose; under Section 2.2-
3711.A.1 a personnel matter concerning the performance of a County
employee; under Section 2.2-3711.A.7 regarding legal advice regarding the
payment of proffers pursuant to the annexation agreement with the Town of
Smithfield; under Section 2.2-3711.A.3 to receive legal advice on the issue of
acquisition of public property for the Rushmere Volunteer Fire Department.
Supervisor Wright moved the Board. enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors .voting against the motion.
30
90QN 23 ~ '38
1
Supervisor Wright moved the Board return to open session. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw,. Clark and Wright voting in .favor of the motion, and no
Supervisors voting against the motion. '
Supervisor Clark moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors. that such closed. meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE TT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters .lawfully exempted. from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
~ /I
1
ABSENT DURING MEETING: 0
Supervisor Clark .moved that the Board accept the resignation of
Jerianne Gardner from the Planning Commission. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
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~A~M 23 ~. ;. )J~_%
At 11:05 p.m., Supervisor Bradby moved the Board adjourn its
meeting. The motion was adopted by a vote. of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
~ ~-.
ip A. Bradshaw, Chairman
W. Doug ey, Clerk
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