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08-08-2005 Regular Meeting90nM 2J •' :~`~rJ7 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND FIVE 1 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. // 1 Supervisor Bradby delivered the invocation. I/ The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the .agenda. 1 County Attorney Stroman requested that Item (C), Western Tidewater HOME Consortium Agreement, be removed to discuss legal issues, and that two (2) reports be added under Item 12, New Business, the first pertaining to a report from the Department of Emergency Management concerning a proposed part-time, temporary position, and the second matter pertaining to the Town of Smithfield's request to purchase County water during .the testing of the new well. He stated that Item 13, Closed Meeting, would consist of the following items: Pursuant to Section 2.2-3711.A.7 of the Freedom of Information. Act, a matter requiring legal advice pertaining to probable litigation concerning a dispute with the general contractor of the Carrollton Volunteer Fire Station; pursuant to .Section 2.2-3711.A.3, a matter concerning acquisition of private property for a public purpose; pursuant to Section 2.2-3711.A.7, a matter requiring legal advice regarding the settlement of actual litigation involving a land swap transaction related to the 1 V y,{fir R+YV• 1<':, ~~/\./ business park;. pursuant to Section 2.2-3? 11.A.7, a matter requiring legal advice. regarding actual litigation concerning water and. sewer connection fees in a lawsuit .filed by .East West Partners; pursuant to Section 2.2-3711.A.7, three (3) matters requiring. legal advice .with respect to the settlement of .actual litigation regarding the Board of Equalization; pursuant to Section 2.2- 3711.A.3 and A.7, a matter requiring legal advice and acquisition of private property for a public. purpose; pursuant to Section 2.2-3711.A.7 and A.l, personnel matters and issues related to the legal staffing in connection with the Youth Services Advisory Board; pursuant to Section 2.2-3711.A.7 and A.6, a ,matter requiring legal advice and the investment of public funds concerning a water purchase contract with the Town of Smithfield; pursuant to Section 2.2-3711.A.7, a matter requiring legal advice concerning probable litigation in connection with a dispute arising out. of the construction of the County Administration building; pursuant to Section 2.2-3711.A.1, personnel matters related to the assignment, promotion, and appointment of County personnel. Supervisor MacManus moved. that the Board approve the agenda, as amended. 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. /1 Chairman Bradshaw called for Special Presentations.. Following a presentation by Demetrios Peratsakis, Executive Director,- Western Tidewater Community Services .Board, on the program benefits offered by that Board to the County, Chairman Bradshaw inquired if the residents of the City of Franklin. receive services equal to those of County residents. Mr. Peratsakis replied that in 2004, services were provided to 484 residents of the City of Franklin, and 514 residents of the County. Chairman Bradshaw inquired if it was possible that there could be County residents who were not aware of the services offered by the Western Tidewater Community Services Board. Mr. Peratsakis replied that funding of services in his budget is based on current demand. He stated the City of Franklin's service area consists of 8,346 individuals versus. the 30,000 individuals in the County. Chairman Bradshaw pointed out that the City of Franklin has a much Iower average household income than the County. Mr. Peratsakis noted that a large portion of funding in the budget is dedicated to individuals who have a mental retardation disability. He stated 2 90~M 2J .~~~~DJ that the Zuni Presbyterian Home provides individuals with 24-hour/7 day a week total care, and that this accounts for an additional amount of resources. 1 Chairman Bradshaw moved that the Board add this matter for further discussion under New Business. 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. Marjorie Keeling, on .behalf of the Boykin's Tavern Museum Committee, briefed the Board on the revised mission, goals and action items of that. Committee. She stated the Committee's purpose is to ensure that the Tavern is an `attraction during the 2007 Jamestown Celebration. She requested that the Board endorse the goals of the Committee so that they might proceed in this regard. Supervisor Clark moved that the Board endorse the mission, goals and action items of the Boykin's Tavern Museum Advisory Committee. 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. 1 Supervisor Clark further moved that the Board accept the recommendation of the Boykin's Tavern Advisory Committee to change its name to the Boykin's Tavern Museum Advisory Committee. 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. County Attorney Stroman advised that he would revise the bylaws to reflect the change in name to the Boykin's Tavern Museum Advisory Committee. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. School/County Consolidated Services -Status Report B. Resolution to Accept and .Appropriate. Grant Funds .for the Booker T. Estates Community 1 C. Western Tidewater HOME Consortium Agreement D. Resolution to Accept and .Forward the Blackwater Regional Library Participation Report E. Fluoridation Grant Funding - Division of Dental Health 3 F. Resolution of Support and Endorsement for the Pig Jig Festival G. Tourism Mont~ily Report H. Action List Status Update I. Cutting of Mature Tree at 113 Commodore Lane, Gatling Pointe J. July 7, 200S Regular Meeting Minutes Chairman Bradshaw asked if there were any items for removal. Supervisor Clark requested that Item (A), School/County Consolidated Services -Status .Report, be removed in addition to Item (C), Western Tidewater HOME Consortium Agreement, which was removed by the County Attorney earlier in the meeting under Approval of the Agenda. Supervisor Wright moved that the .Board adopt the. remaining items listed in the Consent 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. Regarding Item (A), School/County Consolidated Services -Status Report, Supervisor Clark noted that consolidation of the law departments was not mentioned in the report as an area for potential consolidation. s• Chairman Bradshaw recalled that the Board had approved central purchasing; buildings and grounds maintenance;- transportation maintenance; information technology; and, athletic facility usage as the five (5} service areas for consolidation with the school administration. He stated that as school and County staff continue to meet, other areas of consolidation, such as that. of the law departments, would be discussed. Supervisor Clark moved that the Board accept the report entitled "School/County Consolidated Services -Status Report."~ 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. Regarding Item (C}, Western Tidewater HOME Consortium Agreement, County Attorney Stroman advised the Board that the proposed Agreement contains language pertaining to indemnity, and that it is illegal for a public body to indemnity anyone. He further advised that there is a potential liability issue concerning funds which may have been spent, but may need to` be returned, which could require a supplemental appropriation. He recommended that the Board authorize the County Administrator to enter into the agreement, subject to his final review and approval. 4 90~~ 23 : x.::331 1 Supervisor Clark moved that the Board authorize the County Administrator to enter into the agreement, subject to the review and approval of 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 called .for Regional Reports. Supervisor MacManus .noted that the next meeting of -the Western Tidewater Water Authority is scheduled for Friday, August 19, 2005. Supervisor MacManus noted that the next meeting of the Coalition of High Growth is scheduled for Sunday, August 14, 2005, at the VACo Summer Conference. Chairman Bradshaw noted that the next meeting of the Mayors and Chairs is scheduled for the week after next. Chairman Bradshaw noted that the Southside Mayors and Chairs .would meet next week, and that Assistant County Administrator Rountree would be attending in his place as he would be attending the VACo Summer Conference in Richmond. Chairman Bradshaw noted that the next meeting of the Hampton Roads Economic Development Alliance is scheduled for the week after next. // Chairman Bradshaw called for Transportation Matters. Sandon S. Rogers, Transportation Planner, reminded the Board that the VDOT quarterly meeting is scheduled for Tuesday, August 9, 2005 at .1:00 p.m. at-the VDOT Suffolk District Office. Mr. Rogers advised the Board that the Dukes Lane project is now complete. Chairman Bradshaw requested that Mr. Rogers take the appropriate action to ensure that school buses have adequate turn around space before the school year begins. Mr. Rogers advised the Board that VDOT would begin to remove political signs on a daily basis that are located in VDOT right-of--ways. 5 a°~~ ~~ ,, .~3r~~' Supervisor Clark requested that Mr. Rogers a-mail to the Board the recent article that appeared in the Daily Press which, reported that VDOT would be losing Federal highway funds because it has not been. spending the funds at an appropriate rate. // Chairman Bradshaw called for Citizen's Comments.. Glen Musick requested that the Board take appropriate action to advise potential land buyers by tagging the deeds to properties that have had sludge applications. applied to them. Sadie Boyer requested that the Biosolids Ordinance include language to mandate the Board to hold a public hearing on all biosolids applications. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman addressed the matter of the revised Biosolids Ordinance. He advised that Item 7, Additional Modifications, does contain additional changes as outlined in the envelope provided to the Board prior to the meeting. He explained that Class A biosolids can be spread on yards without any regulation; however, Class B biosolids have a lower treatment level, and are typically used in agricultural, horticultural .and forestry ..applications. He stated the proposed Biosolids Ordinance under consideration by the Board addresses only Class B biosolids. He advised that he did. not include any additional language in the proposed ordinance relative to the potential breach of private contractual arrangements because he believes there is an adequate private remedy available... He further stated -there is also no reference to deed tagging included in the proposed ordinance because it is nat appropriate in a local biosolids ordinance that deals with monitoring, testing and liability issues. He stated with respect to reimbursement, the rate is $2.50 a dry ton, which is paid to the state, and the County is then reimbursed. He stated with respect to storage of biosolids, there are three (3) types: emergency; temporary; and, routine, and .the only form of storage incorporated in the proposed ordinance is temporary. He explained that state regulation allows a biosolids applicator to store the material without any special terms for a period of seven (7) days; after that, a synthetic liner is required to prevent leakage. He recommended not mandating a public hearing on every application, nor increasing the number from fourteen (14) to thirty (30) the number of days that the land application's signage had to be posted. Chairman Bradshaw recommended that staff notify applicants that the. Board would be holding a public hearing. 1 1 i 6 n County Attorney Stroman advised that the proposed ordinance does reference that the biosolids monitor will provide written notice to adjoining landowners. He recommended adding the phrase "notice to the applicant, and adjoining landowners." Chairman Bradshaw recommended .that language be added that the matter be "properly advertised." County Attorney Stroman advised that once the matter is advertised for a public hearing, then the normal requirements for public hearing advertising would apply. ~ . .Chairman Bradshaw pointed out that these types of public hearings are not required under the state statute and, as a result, normal public hearing requirements would not have to be followed. County Attorney Stroman advised that the last biosolids applications were advertised for public hearing, and they were also advertised in the same manner as any other public hearing, which was to print the advertisement twice in the newspapers. of general circulation. 1 Chairman Bradshaw pointed out that the Board is only legally allowed to make comments to the Virginia Department of Health on biosolids applications. He .stated that the purpose of the public hearings on these applications is to solicit citizens' comments only, and that these advertisements should. be different than those run for legal public hearings. He recommended that both the applicant and the landowner be notified. County Attorney Stroman advised that advertisements for these types of public hearings should specifically state that they are to solicit public comment for potential recommendations to the Virginia Department of Health. Chairman Bradshaw stated if the purpose of the advertisements are. only to solicit. citizens' comments, then the advertisements should not be included in the legal. section of the newspapers because this would mislead the public to believe that the Board could take legal action. County Attorney Stroman stated the previous advertisement for the biosolids applications was done as a legal notice because it was a public hearing, and the legal section is typically where the County puts that kind of information. He added it is also more cost effective to do this. i Supervisor MacManus recommended that the cost of the advertisement be borne by the applicant. 7 ' acne ~=.1 ,'''~~,~ County Attorney Stroman recommended that the Board not make the applicant responsible for the. cost of the advertisement because it is not mandated under state law, but rather encourage the applicant to do so. Chairman Bradshaw stated he is not in agreement. with the applicant having to bear the cost of advertisement because it is the Board that wants to advertise the matter. He stated if there .was an understanding with the applicant, the applicant may be willing to pay for the. cost,. but the County should not require that applicant pay the cost of advertisement. Supervisor MacManus inquired of County .Attorney Stroman what would happen if an applicant decided to challenge whether or not the County could require them to pay for the cost of advertising. County Attorney Stroman replied that an attorney would send notification of the basis for the legal challenge, and he would advise the Board as to the validity of that challenge. He cautioned that the cost of the legal challenge would most likely be many times the cost of the advertisement. He .advised that the. company that has applied to apply biosolids in the County had previously litigated at the Circuit Court level. Supervisor MacManus directed staff to request of applicants that they consider paying for the cost of legal advertisement. He inquired with respect to Section 14-86, Complaint Response, is there any action required by any of the mentioned parties to complaints. County .Attorney Stroman advised that if an applicant is not in compliance, his permit could be pulled. He added that staff would also be .conveying information, and it would be the Department of Health's responsibility to decide if a permit is placed in jeopardy. Chairman Bradshaw inquired if the Board wished to go on record and advise the Hampton Roads Sanitation District by letter that the Board is against it applying biosolids on any lands located in Virginia. The Board agreed that .each application would be heard on its own merit.. Supervisor Wright moved the Board adopt the following Ordinance, as revised, to include the changes in the agenda package; the two (2) changes in the Board's envelope; that a .notice is to be provided to the applicant; and, .that aspirational language be included concerning payment of the advertisement: AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE DISPOSAL ARTICLE XIV, LAND APPLICATION OF BIOSOLIDS 8 aOnK ~~ ~. ' ~:.7~.J Section 14-78. Findings. n The Isle of Wight County Board of Supervisors finds that the improper spreading, placement, disposal or management of biosolids without appropriate regulation, notice and monitoring may result in adverse. effects to the general health, safety. and welfare of the citizens of Isle of Wight County and to agricultural lands, water supplies, wildlife, livestock, natural resources and the environment. Section 14-79. Purpose and Intent. This Article is intended to ensure laws and regulations governing the 1 land application of biosolids are properly implemented and enforced, and to secure and promote the health, safety and welfare of the County's citizens; to deter the creation of a public nuisance and to prevent pollution of the waters and soils of the. County related to land application of biosolids.. In carrying out this Article, the County will test and monitor the application of biosolids to agricultural land within its boundaries as authorized by the Code of Virginia and .applicable. regulations. This authority is granted to local governments by Code of Virginia §§ 62.1-44.19:3 and 32.1-164..5 et sec ., to provide for the testing, monitoring and enforcement of land application of biosolids within the political boundaries of the County and to ensure compliance with applicable laws and regulations. This Article is not intended to regulate the land application of animal wastes or manures or exceptional quality biosolids. Section 14-80. Authority and Severabilitx This Article is adopted pursuant to the authority granted by the Code of Virginia, including but not limited to Sections 15.2-1200 et sec .,.15.2-2200 et seg., 15.2-2283 et sec ., 62.1-44.19:3 and 32.1-164.2 et sue. In the event that any portion of this Article is declared void for any reason, such decision shall not affect the remaining portions of the Article, which shall remain in full force and effect, and for this purpose the provisions of this Article are hereby declared to be severable. Section 14-81. Definitions. The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this. Section, except where the context clearly indicates a different meaning: Biosolids means a sewage sludge that has received. an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with state law and regulations. 9 Biosolids monitor means an employee or agent of Isle of Wight County charged with the responsibility of ensuring that the land application of biosolids is conducted in accordance with this Article and applicable federal ' and state laws and regulations. The biosolids monitor shall be appointed by the Isle of Wight County Board of Supervisors on the recommendation of the County Administrator. Exceptional quality biosolids means biosolids that have received an established level of treatment of pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or .distributed .for public use in accordance. with state regulations. Land application means the distribution of either treated wastewater of acceptable quality, referred to as effluent, or stabilized sewage sludge of acceptable quality, referred to as biosolids, upon, or inserted into, the land with a uniform application rate for the purpose of utilization, or assimilation. Nutrient management plan means a plan prepared by a person certified by the Commonwealth of Virginia as a nutrient management planner and otherwise meeting the requirements set forth by state law and regulation. Land applier means someone who land applies biosolids pursuant to a valid permit issued by the Virginia Department of Health. O-vner means a person who holds legal title, equitable title, a leasehold interest or the right. of possession or control over land. Permit means an authorization granted by the Commonwealth of Virginia Department of Health to land apply biosolids. Permittee means any person who holds a permit authorizing the land application of biosolids. Sewage sludge means. any solid, semi-solid, or liquid residues, which contain materials, removed from municipal or domestic wastewater during treatment including primary and secondary residues. Other residuals or solid wastes consisting of materials collected and removed by sewage. treatment, septage and portable toilet wastes are also included in this definition. Section 14-82. Prohibited Practices. (a) No person shall dispose of sewage sludge, including biosolids, on land located in Isle of Wight County except in accordance with federal and state law and regulations and this Article. (b) No person .shall apply biosolids on lands in Isle of Wight County until all of the procedural requirements set forth in this Article, as well as those set forth in applicable federal and state laws and regulations, have been 10 satisfied. No owner shall permit land application of biosolids in Isle of Wight County until all of the procedural requirements set forth in this Article, as well as those set forth in applicable federal and state laws and regulations, have been satisfied. 1 (c) No person shall apply and no owner shall permit the application of sewage sludge to land in Isle of Wight County other than biosolids that have been approved by the regulations of the Virginia Department of Health or Department of Environmental Quality.. (d) No person shall apply biosolids to land in Isle of Wight County except pursuant to a valid permit issued by the Virginia Department of Health, in compliance with all applicable .federal and .state statutes and regulations, and in accordance with the provisions ofthis Article. Section 14-83. Notice and Re uirements for Land A lication. (a) Land application of biosolids is authorized only in districts zoned to permit agricultural activity. (b) Any person .proposing or intending to land apply biosolids to lands in Isle of Wight County. shall notify the County. biosolids monitor in writing at least one hundred (100) days prior to any intended land application of biosolids, or as otherwise required by state law or regulation. Upon .receipt of such .notice, the biosolids monitor shall notify the Isle of Wight County Board of Supervisors. (c) The notice provided to the biosolids monitor shall include the following information: (1) The name, address and telephone number of the applicant; {2) The tax map numbers of the parcels where land application will occur; (3) The name, address and telephone number of the owner of the property where the land application will occur; (4) The name, address and telephone number of all adjoining landowners; (5) The name,. address and telephone number of the hauler of the biosolids; (6) The estimated date range on which land. application will occur and the duration of the planned application; it (7) A copy of the current state permit and any other state or federal permits authorizing theland application; (8) Informati'~on on proposed haul routes and alternative haul routes on a County map; (9) A copy of the Nutrient Management Plan (NMP) and any water quality assessments as required. by state law and regulation; (10) A certificate of insurance pursuant to Section 14-88 below. v• (d) The biosolids monitor will notify adjoining landowners in writing in advance of field operations by thepermittee. Such notices shall be sent via fist class mail to the last known address of each adjoining landowner according to county land records, and shall be sent upon receipt of any spreading schedule received from the permittee. Potential conflicts between operating schedules and adjoining landowner activities will be brought to the attention of the permittee in writing at least one (1) week in advance of the scheduled activity so that the. schedule for spreading biosolids can be adjusted to minimize potential nuisance. (e) The County shall review the documentation provided with. the notice and shall notify the applicant in writing of any deficiencies in the submittal within twenty (20) days of receipt. The applicant will have ten (1 Oj business days to .correct and amend the .deficiencies unless otherwise permitted by the County in writing. (f) At least fourteen (14) days prior to t:he anticipated land application of biosolids to any site within Isle of County, the permittee shall post a conspicuous sign, of a type approved by the biosolids monitor, which shall. state- the approximate date of the proposed application, the name and telephone number of the biosolids monitor or his designee, and the name and telephone number of a contact person for the permittee. Section. 14-84. Public Hearin (a) Upon receipt of notice from the Commonwealth of an application to apply biosolids within the County, the Isle of Wight County Board of Supervisors may, at its next regularly scheduled meeting, set the matter down for public hearing. The biosolids monitor shall provide written notice adjoining landowners of the application for a biosolids land application permit. The biosolids monitor shall also provide written notice of the public hearing to the applicant and adjoining landowners. (b} After reviewing all the information required to be submitted pursuant to Section 14-83 above, along with any public comments received from Isle of Wight County citizens during public hearings pursuant to this Section 14-84, if .any, the County may provide the Virginia Department of 12 ~nn~ ?~ :.. ~(]f1 Health, as provided by state law and regulation, and all other parties the County deems appropriate, with any comments concerning the proposed land application of biosolids. Section 14-85. Monitoring and Sampling_ (a) By agreeing to accept biosolids for land application, the owner of the property on which land application takes place agrees to allow the biosolids monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the permittee to ensure that the property owner is advised of this requirement. Tj~e biosolids monitor shall make diligent efforts to make contact with the property owner prior to entering the- property. (b) The permittee and owner shall allow the County to take samples at the application site before, during and after the application. Any test samples shall be analyzed at a lab qualified to conduct such analysis and the County health .department may review these test results to determine compliance with applicable laws and regulations. At the request of the land applier, the biosolids monitor will provide. the land applier with a split sample. (c) At the request of the biosolids monitor, the land applier or permittee shall provide the most recent analysis results for biosolids that are land applied at any site in the County. Section 14-86. Complaint Response " (a) The biosolids monitor shall immediately notify the .Virginia Department of Health, the land applier or permittee and the owner of all complaints concerning the land application of biosolids. (b) The biosolids monitor shall immediately .notify the owner and permittee of any failure to follow the requirements of the permit resulting in the improper application of biosolids or in the spillage of biosolids onto public streets or rights-of--way or on property outside the. area authorized by the permit. (c) The permittee shall immediately respond to undertake appropriate corrective action for improperly applied biosolids, or to clean up biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification. (d) In the event that the permittee does not respond to notification of spillage or improper application within thirty-six (3b) .hours, and, if the County conducts the. cleanup of spilled biosolids, the permittee shall compensate the County for the actual costs of such cleanup. 13 90nh ~~ 4 ~~ll (e) The permittee is responsible for ensuring that the tracking of biosolids from land application sites onto public roads is minimized and that biosolids that are .dragged or tracked out from land application sites are promptly removed from unauthorized lands and public roads and highways. ..For purposes of this subsection (e), the tracking or dragging of spillage onto lands other than as shown in the permit, including highways, is deemed to be improper application. Section 14-87. Schedulin The permittee will, at the request of the biosolids monitor, make all reasonable efforts to .schedule land application activities so as to avoid conflicts with school, community or social events in the. vicinity of the land application site. Section 14-88. Storage Biosolids shall be land applied as they are received at the site unless land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the permittee.. Biosolids shall not be stored at any site in Isle of Wight County other than storage that is approved in accordance with the law and regulations of the Virginia Department of Health. Section 14-89. Financial Responsibility (a) Prior. to applying -any biosolids on any site in Isle of Wight County, land appliers shall provide the biosolids monitor with evidence of liability insurance coverage or other evidence of financial responsibility in an amount .sufficient to cover losses and claims arising from the. land application, transportation or hauling of biosolids and related activities in the County as shall. be determined by the Isle of Wight County Board of Supervisors in accordance with applicable .federal and state laws and regulations. Such insurance or other form of financial responsibility shall be maintained in full force and effect throughout the time -that the land applies is engaged in the land application of biosolids in the County and. shall name Isle of Wight County as beneficiary or an additional insured. The permittee shall provide the biosolids monitor with certificates of insurance and shall promptly. notify the biosolids monitor of any proposed cancellation or modification of insurance coverage. (b) Prior to applying any biosolids on any owner's land, the land applies shall agree to indemnify the owner from any claims arising from. the land application of biosolids for a period of not less than three (3) years from the date of application. Section 14-90. Reimbursement. 14 BOON 2J ::.:C4O1 1 Isle of Wight County shall submit requests for reimbursement for the costs and expenses of testing and monitoring of land application and related activities as are allowed by applicable state law, regulations, manuals, guides and procedures. Section 14-91. Effective Date. This Article is effective immediately. Any land application that is in progress on the date this Article is adopted, and any land application that was scheduled before the effective date of this Article, shall be deemed in compliance with this Article provided that application is completed witpin thirty (30) days after the effective date of this Article. Section 14-92. Enforcement 1 (a) Any person, firm or corporation whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any. of the provisions of this Article shall be guilt}' of a .Class 1 misdemeanor and upon conviction thereof, may be punished as provided in Section 18.2-11 of the Code of Virginia (1950), as amended. Each and every day during which any portion of any. violation is committed, continued or permitted shall constitute a separate offense. (b) The biosolids monitor shall have the authority to order .the abatement of any violation of state law or regulation. The abatement order shall identify the activity constituting the violation; specify the code provision or .regulation violated by the activity and order cessation and correction of the violation. (c) The Isle of Wight County Board of Supervisors may bring suit to enjoin, restrain, correct or prevent any violation of this Article. 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. County Attorney Stroman noted that the remainder of his items would be discussed later with the Board during closed meeting. // Chairman Bradshaw called for the Community Development Report. Mr. Rogers introduced the "Preliminary" Subdivision Plat of Pulliam Estates, Property. of Albert C. Pulliam, Jr., Track Lane (Route 624), Hazdy Magisterial District. He stated that pursuant to the Board's previous direction, staff had met with the applicant and engineer. 15 eo~N 23 -:.~:-~~2 Supervisor Clark moved that the Board approve the revised "preliminary" plat dated. July 26, 2005, and incorporate in the final subdivision plat a three (3) to one (1) front slope if possible, as requestedby Supervisor Wright. 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 Bradby moved that the Board approve the waiver for curb and gutter in this subdivision. 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. Following comments by Supervisor Bradby relative to that subdivision being served by private .septic tanks and wells versus utilizing the water line on Track Lane, Chairman Bradshaw requested that staff provide a report and recommendation back to the Board on the ability of the existing water line to serve the proposed lots. // Chairman .Bradshaw called for the County Administrator's report. Donald T. Robertson, Assistant County Administrator/Operations, advised the Board that the Tourism Relations Committee anticipates presentation of a report, which will include an assessment of the .County's assets relative to tourism, recommendations for how the Tourism Department should move forward, any short and long-term goals, and a transition plan for implementation to the Joint Tourism Committee at a meeting tentatively set for August 11, 2005... He further advised that the report, along with a recommendation of the Committee, would be provided to the Board. Chairman Bradshaw requested that he be provided with the mission of the Joint Tourism Committee, as outlined in the agreement with the Town of Smithfield. Debbie J. Sivertson, Assistant to the County Administrator, .stated pursuant to .Supervisor MacManus' request that staff review the cost and feasibility associated with community and/or "village" signage, specifically for. the Battery Park, Rescue and Benn's Church areas, staff has solicited design .ideas from a vendor. She recommended that the Board direct staff to develop a plan for presentation to the Board at its September 1, 2005 meeting that would include a general design concept, color scheme and maintenance standards, for all County signage. Supervisor MacManus moved that the Board direct staff to return with an action plan at the Board's September 1, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, 16 :,,; eoeK 2~ ~~~.~03 Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 // Chairman Bradshaw called for Appointments. Supervisor Clark moved that the Board appoint Nancy Guill to the Planning Commission, replacing Jerianne Gardner. 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 she motion.. // Chairman Bradshaw called for Old Business. Ms. Sivertson stated pursuant to the Isle of Wight Historical Society's request for directional signage at Boykin's Tavern, staff has been advised by VDOT that the County must utilize integrated directional signage, which is cost prohibitive. She informed the Board that the Boykin's Tavern Committee wishes to continue to research other opportunities at this time. 1 Supervisor MacManus moved that the Board direct the Isle of Wight Historical Society to meet with the Tourism Advisory Committee. 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. Ms. Sivertson stated pursuant to the Board's direction at its July 7, 2005 meeting that staff proceed with securing costs to locate. a cannon at the Courthouse, the Isle of Wight Historical Society is now requesting that the Board allocate $300.00 to cover the cost of the application fee. She advised that the Society intends to seek public and private donations to cover any remaining associated costs. Supervisor Bradby advised that he personally is not in favor of spending taxpayers' funds to locate a cannon at the Courthouse. Supervisor MacManus noted that he would be in favor of allocating the $300 to cover the application fee; however, he would like to see public/private donations pay any remaining costs associated with the project. Supervisor Clark moved that the Board authorize appropriation of $300 for the release fee, with the understanding that the Board would like contributions from other sources to pay for the remainder of the project. The motion was adopted by a vote of (4-1) with Supervisors MacManus, 17 gpnh ~:~ :'~ .' 4')~ Bradshaw, Clark and .Wright voting in favor of the motion, and .Supervisor Bradby voting against the motion. Mr. Robertson presented a report for .the Board's information. on .the method of animal euthanasia utilized by the Animal Control Department. He advised that the Animal Control Department currently utilizes injections for the euthanasia of animals, and .not the gas chamber. Supervisor MacManus moved that the Board direct staff to notify the appropriate individuals that have expressed concern that the County is not using the gas chamber, and that instead it uses injections, .and that Board action will be required before staff can return to utilizing the gas chamber for the .euthanasia of animals. 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 that Mr. Robertson provide the Board. with a status .report on the existing condition of the gas chamber located at the Anima[ Control compound. Regarding the Route 460. corridor study, Chairman Bradshaw moved that the Board direct staff to request pertinent information and aerial photos from VDOT and the Corps of Engineers; provide copies of these photos to the Board members for their reference; and, provide the Board with an update at its August 24, 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. Supervisor Clark advised that the Board's recommendations for denial of the biosolids applications at its July 25, -2005 did not carry any of the Board's comments as to why it was recommending denial. With respect to the Saunder's site, Supervisor Clark moved that the Board's reason for denial of the application was because the application was located near an extremely dense residential development, and because biosolids applications in that area are not consistent with the beneficial use of surrounding properties.. The Board further wishes to emphasize its belief that biosolids. applications .are not appropriate for that area because of odor, the proposed devaluation of property values, the health and safety of high concentrations of residential development; environmental concerns with the impact on Cypress Creek; the application is contrary to the County's Comprehensive Plan; the health hazards and risks presented to .citizens; environmental and water quality issues, to include well systems and Cedar Creek; and, that the application is ~ located near a high density subdivision, and in contradiction to the .Virginia Tech report. 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. ~~ - o• 1 1 18 90~K ~`.~ .: ~U5 1 Supervisor Clark stated if the Virginia Department of Health does not honor the Board's recommendations on any of the biosolids applications from the Board's July 25, 2005 meeting, he would recommend that the Board ' request that the buffer area be doubled or tripled, and that the biosolids. nat be applied until there is a window of ten (10) dry days, so that the effects of the. biosolids application can be alleviated in these areas. Supervisor MacManus stated that the Board's position on the biosolids applications has been clearly defined, and for the Board to discuss how it would address an opposing viewpoint by the Virginia Department of Health which undermines the .position taken by the Board. Supervisor MacManus recommended that the Board also provide its comments with respect to the other. biosolids applications considered at its July 25, 2005 meeting to explain why the Board did not approve them. U Supervisor MacManus moved that the Board's comments on the biosolids applications. at the Board's July 25, 2005 meeting be sent to the Virginia Department of Health stating that the reason that the majority of the Board voted to request denial of the other three (3) applications was due to the proximity of nearby residential homes to those three (3) sites. The motion was adopted by a vote of (3-1-1) with Supervisors MacManus, Bradby and Clark voting in favor of the motion; Supervisor Bradshaw abstaining .from voting on the motion; and, Supervisor Wright voting against the motion. Supervisor MacManus noted that the purpose of the Bicycle Pedestrian Facilities Committee is to discuss interconnectivity between- communities, and discussion of ATVs, mountain .bikes and equestrian trails should be referred to the Recreational- Committee to address how they should be developed within the County. Supervisor Wright requested that consideration be given to marking the roadway with strips for bicyclists. Supervisor MacManus moved that staff ensure that ATVs, equestrian trails. and green ways be a focus of the Recreation Committee and not the Bicycle Pedestrian Facilities Committee, and that .the latter Committee address interconnectivity of communities, both on and off-road. 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. n With respect to the recent presentation by Mr. Rusk at The Smithfield Center on the issue of affordable housing, Supervisor MacManus recommended that in the short term, the County's proffer policy be amended to suggest to developers that all future developments greater than 25 homes include affordable housing units at a 12% rate. In the .long term, he 19 recommended that the Intergovernmental Relations Committee work with the Towns of Smithfield and Windsor on a common approach to address affordable dwelling units and housing in the County and the two (2) towns. Supervisor Clark stated that he is in favor of affordable housing. on a case-by-case basis, but he would not be in favor of amending the. County's Proffer Policy or Ordinance. Chairman Bradshaw recommended that staff review and provide a '~ recommendation to the Board on Mr. Rusk's report. County Attorney Stroman suggested that staff could develop a non- cash proffer policy for the Board's consideration. versus amending the Board's existing Cash Proffer Policy. Chairman Bradshaw moved that the -Board direct staff to review and make a recommendation on Mr. Rusk's report to the Board at its August 24, .2005 meeting with short .and long-term direction on how to proceed, including the pros and cons, using the Board's discussion tonight as guidance. 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 New Business. Richard O. Childress, .Director of Emergency Management, advised the Board of available grant funds that could be utilized to fund a temporary, part-time Emergency Planner position to the end of the fiscal year on an annual renewal basis. He stated the duties to be performed by this individual are included in the Board Report contained in -the. agenda,. and that the individual could be housed in his office. Supervisor Clark moved that the Board direct staff to pursuethe grant, with the understanding that should the funding cease, the temporary, part- time position would also be eliminated. 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. a• Columbus Grant, III, Director of Public Utilities, informed the Board of the Town of Smithfield's desire to purchase County water temporarily from August 20, 2005 to August 27, 2005 during the testing of the new well. With respect to the presentation earlier on the Western Tidewater Community Services Board, Chairman Bradshaw noted a concern with the amount being contributed by the County versus what. the County receives. back in services. He stated the County contributes $129,000, and the City of 20 Franklin only contributes $49,000 and also has only 1/4 of the population of the County. Chairman .Bradshaw moved. that the Board direct Mr. Robertson to continue to meet with the Western Tidewater Community Services Board to point out the Board's concerns with respect to the relationship comparison of population with the County to the City of Franklin in response to services received, and also the dollar contribution versus what the County receives in comparison to the Cities of Franklin and Suffolk. 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 suggested that the issue of equity of services in Southampton and Isle of Wight Counties versus the Cities of Franklin and Suffolk be incorporated -into the Western Tidewater Community Service Board's five (5) year Strategic Plan. Chairman Bradshaw suggested that the Western Tidewater Community Service Board's five (5) year Strategic .Plan also incorporate plans for expansion of services. With respect to the request. of Mr. Musick that deeds of properties which have had biosolids applications applied to be tagged, Supervisor Clark moved that the Board direct the County Attorney to research the state statute and report back if the County can legally tag the deeds of such properties. 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 requested the County Attorney to seek an informal ruling from the Assistant Attorney General on whether or not the County can legally tag the deeds of properties that have .had biosolids applications applied to them. Supervisor Clark inquired if the developer intends to retain the cedar trees located on Route 17 on the west side of Smith's -Neck Road. Mr. Hartley advised that his department has not received any plans for the development of the property located towards the James River Bridge at the new access road. ~I Supervisor Clark moved that the Board direct Mr. Hartley to notify the developer that the Board is desirous of keeping the cedar trees on Route 17 on the west side of Smith's Neck Road. 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 eo~K 2`~ ~,U$ ~~ County Attorney. Stroman requested a closed meeting as follows: Pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act to receive legal advice regarding probable litigation regarding a dispute with the. general contractor for the Carrollton Volunteer Fire Station; pursuant to Section 2.2-3? 11.A.3 to discuss acquisition of private property for a public purpose; pursuant to Section 2.2-3711.A.7 to receive legal advice regarding a settlement of actual litigation involving a land swap transaction .related to the business park; pursuant to Section 2.2-3711.A.7 to receive legal advice regarding actual litigation regarding water and sewer connection fees in a lawsuit filed by East West Partners; pursuant to Section 2.2-3711.A.7 to receive legal .advice on three (3) matters regarding the settlement of actual litigation regarding the Board of Equalization; pursuant to Section 2.2- 37.11.A.7 and A.3 to receive legal advice and acquisition of private property for a public purpose; pursuant to Section 2.2-3711.A.7 and A.l concerning personnel matters and issues related to legal staffing in connection with the Youth Services Advisory Board; pursuant to Section 2.2-3711.A.7 and A.6 to receive legal advice and the investment of public funds concerning a water purchase contract with the Town of Smithfield; pursuant to Section 2.2- 3711.A.7 to receive. legal advice regarding probable litigation in connection with a dispute arising out of the construction of the County Administration building; and, pursuant to Section 2.2-3711.A.1 concerning personnel matters related to the assignment, promotion, and performance of County personnel. 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. 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; 1 1 22 eons 2..`? ~.~ 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia .law were discussed in the closed meeting to which this certification.. ' resolution applies, and (ii) only such public business matters as were identified in the .motion convening the closed meeting were heard, discussed ~ or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bradby moved the Board approve the resolution prepared by Ms. DeVary regarding the rollover of capital funds. 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. 1 Supervisor Clark moved the Board approve the settlement in-the Cone .matter. 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 approve the settlement presented by the County Attorney in the Postma matter. 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 moved that the Board direct staff to look at the methodology of accounts payable being paid on a monthly basis, and to do an evaluation to determine if these accounts payables can be paid on a bi- monthly or more frequent basis. 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. // 1 County Administrator Caskey reminded the Board that its next meeting is scheduled for Wednesday, August 24, 2005 at 6:00 p.m. // 23 At 7;30 p.m., Supervsor.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.. P ' p A. Bradshaw, Chairman W. Doug ey, Clerk '