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08-03-2006 Regular Meeting80~~ ~~ Vin:,. ~ 1 REGULAR MEETING OF THE -ISLE OF WIGHT COUNTY .BOARD OF SUPERVISORS HELD THE THIRD DAY OF AUGUST IN THE. -YEAR TWO THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman ,James B. Brown, 7r. Thomas R. Ivy Phillip A. Bradshaw Also Attending: Jacob. P. Strornan, IV, County Attorney W. Douglas Casket', County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mitls Starm, Recording Secretary Chairman Wright called the meeting to order at 3:00 p.m. for the purpose of conducting a dedication ceremony in honor of Henry H. Bradby, former Board of Supervisors' member who. represented the Hardy District for thirty (30) years, and who recently retired from the Board. Pastor Smith, First Gravel .Hill Baptist Church, delivered the invocation. The'Pledge of Allegiance was delivered Chairman Wright. thanked Mr. Bradby for his years of service on the Board of Supervisors, the. Social Services Board and the- Senior Services of Southeastern. Virginia. Chairman Wright presented Mr. Bradby with a road sign identical to the sign to be installed at the. Heritage Park entrance entitled "Henry H. Bradby Trail." Supervisor Bradshaw stated that the naming of "Henry H. Bradby Trail" in honor of Mr. Bradby is only a small tribute to a great man, and it does not truly measure the amount of service he has given to the County. He stated-that Mr. Bradby is his mentor, and he is thankful for their relationship. He stated one reason he has always admired and respected Mr. Bradby is because he is a man of Gad. Supervisor Clark stated tha# Mr. Bradby, who was a man of few words,. had always had a leveling influence on the Board. He stated it was an honor to serve on the Board with Mr. $radby, whose .influence will be felt in the County for many years to .come. Supervisor Ivy stated that while he served with Mr. Bradby. on the Board for only a few short months, his handprints are. all over the County; and he will always be a giant among men. t... J Supervisor Brown- stated that Mr. Bradby is a very distinguished man I~~ who he has always admired, and he .feels proud and. humble xo serve in his ~, seat representing the Hardy District. He stated that Mr. Bradby is a true statesman, and Ghat there is a difference between a politician and a statesman in that a politician thinks about the next election, but a statesman thinks about the next generation. County Attorney Stroman stated it was always a privilege and honor to serve with Mr. Bradb He stated he has been deli hted to have the Y g opportunity to continue working with Mr. Bradby since. his departure from office. to insure that the Hardy District gets a park .facility. that it so well deserves. County.. Administrator Casket' stated that he has had the pleasure of working with Mr. Bradby-since 1994. He recalled .that Mr. Bradby had. ~~ received the Jefferson Cup Award by the Virginia Association: of Counties, ' which is a tremendous acknowledgement of his leadership at the local government level. He stated that he looked forward to continued interactions with Mr. Bradby: Mr. Bradby stated that little did he know when he first .began serving on the Board thirty (30) years ago that. he would receive the .prestigious Jefferson Cup Award. and have a street .named after him. He recalled than Joel C. Bradshaw, Jr., .who represented the Carrsville District, did. not live to see Heritage Park named after him, and it is only through the Lord God that he has been blessed to see this day happen. Sheila Bailey stated- it was her pleasure to be here on behalf. of her family to see. this honor bestowed. upon her father. She stated that. her dad has always been a person who stood for what was right and she thanked the Board for yet another honor being bestowed upon him. Pastor Smith recalled that Mr. Bradby has. always been supportive and offered him encouragement. He stated that Mr. Bradby, who is a .man of ..wisdom, :has an unselfish heart and is always thinking of~others. He .stated that Mr. Bradby will always be blessed because of the things thathe has done for others. in_the community and in the church. Pastor Blackwell;: Little Zion. Baptist Church, delivered a blessing and stated it is a .privilege-and joy to know Mr. Bradby and .:share this day with him. He thanked God and. recognized Mr. Bradby for. the wonderful things that he has done for his community and church. M B adb r. r y- stated that he is grateful for his friends and family who were present to~ share this day with him, and he thanked the -Board for bestowing this honorupon him. 2 Chairman Wright announced that a reception in honor of Mr. Bradby was being held downstairs. He advised that the Board would enter a Closed .Meeting at 3:35 p.m. and reconvene at 4:15 p.m. in order to conduct the regular meeting. County Attorney Stroman requested a closed meeting pursuant. to Section 2.2-3711.A.7 of the Freedom of Information Act to receive legal advice concerning multiple alternates to County boards and commissions; pursuant to Section 2.2-3711.A.7 to receive legal advice concerning utility and zoning matters related to the Red Oaks Mobile Home Park; .pursuant to Section 2.2-3711.A.7 to receive legal advice concerning actual litigation involving the County through its membership with SPSA; pursuant to Section 2.2-3711.A.7 to receive ..legal advice concerning a possible amendment of a Conditional Use Permit for Lawnes Point on the James; pursuant to Section 2.2-3711.A.7 to receive legal advice concerning probable litigation resulting from the County's most recent reassessment; and, pursuant to Section- 2.2-3711.A.7 to receive information :.concerning a prospective business. or industry where no previous announcement has been made. Supervisor Brown moved that the Board enter the. Closed Meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in .favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to .open session. The motion .was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING 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 meetixlg was conducted in conformity with Virginia law; NOW, THEREFORE,. BE IT RESOLVED that the Board of Supervisors hereby certifies that,. to the best of each member's knowledge, {i) only public business matters lawfully exempted from open meeting requireme>nts by Virginia law were discussed in the .closed meeting to which this certi f cation 3 aaoN 24 ~h '..ice 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: Brown,. Bradshaw,- Clark, Ivy and Wright NAYS: 0 ABSENT DURING. VbTE: 0 ABSENT DURING MEETING: 0 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw , Brown, Clark, Ivy and Wright voting in favor. of the motion, and no Supervisors voting against the motion. // Chairman Wright called for approval of the agenda.: County Attorney Stroman advised that there would be a total of eight (8) matters discussed later during the Closed Meeting. Supervisor ,Brown moved that the Board approve the agenda, as amended. The motion. was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and. Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for Special. Presentations. Chairman Wright recognized those present with the -Isle of Wight; Academy Varsity Softball team. Supervisor Clark. moved that the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE THE ISLE OF WIGHT ACADEMY VARSITY SOFTBALL. TEAM .FOR OUTSTANDING ACHIEVEMENT 'WHEREAS, the varsity softball. team at Isle; of Wight Academy won its third consecutive State title on Friday, May 19, 2006, at the Dumbarton Elementary School .Softball Complex in Richmond; and 4 ~~ I I 1 eo~~ 24.;:.175 WHEREAS, the Lady Chargers entered the State tournament undefeated with a record of 16-0; and WHEREAS, the Board of Supervisors of the County of Isle of Wight County wishes to recognize these signif cant achievements. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of isle of Wight, Virginia recognizes and congratulates the Isle of Wight Academy varsity softball .team for outstanding achievement. The motion was. adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor. of the motion, and no Supervisors voting against the motion. 1 Judy H, Winslow, Tourism Director, representing the Smithfceld & Isle of Wight Tourism Bureau, presented a five (5) minute video designed to promote the community which will be shown on the Vacation Channel and used for group marketing, as part of press packages and will. be pasted on the. County's website. Steve Wampler, President of Wampler-Eanes Appraisal Group, LTD, advised that the Board of Assessors' hearings were completed as of June 7, 2006. He stated of the 19,300 parcels in the County, 487 :hearings were held. He further advised that. the Board of Equalization has scheduled approximately 35 appointments to date. Supervisor Bradshaw requested that Mr. Wampler elaborate on the. key factors involved in a reassessment. Mr. Wampler stated irr July, 2005, his firm began developing a sales study and rates in order to assess the 19,300 County parcels. He explained that the software program utilized begins with a 2,000 square foot home, is broken down into ten (10) square feet increments, and includes central heat. and a bath and a half. He stated from that, items are either added or deleted, as necessary. He explained the four (4) basic factors utilized in a reassessment include the construction rate, which. is based on a market study, house .grade, neighborhood factor, depreciation, and land value, which is based on the market rate.. Supervisor Bradshaw requested Mr. Wampler elaborate on the evaluation of timberland in the County. Mr. Wampler advised that timberland was valued beginning at $1,000 and up to $3,000 per acre unless the .land was :cut. over, newly reseeded or ' swamp land. He further advised that a post. sales study had been completed, 5 r eo4~ 24 ~r~176 of which 438 sales were analyzed, the mid-point being 99% and the. average 97°fo. Tom Morelli, Senior Property Appraisal Consultant with the Virginia Department of Taxation, explained the .process. by which the quality of a reassessment can be measured. He stated that, the purpose of a reassessment is to redistribute the public burden, and it is note meant to be a revenue producing function. He stated that under Virginia law, all counties. and cities .must have a reassessment at certain times, and the decision on when to do that rests with the Board. He-stated the consequences for not conducting a reassessment can. be the loss ofuse of net profits of the ABC liquor monies or an impact to public utility. properties. He stated that the State Tax Commissioner is required to publish. measures of central tendency, which is a statistical analysis of new assessments and the .properties which have ,sold, and .comparing those assessments to the recent selling prices. He .stated that the State statute-.requires that the overall median ratio in the year immediately following a reassessment must be above 70%. He stated that the. preliminary results mentioned by Mr. Wampler appear to be in the upper 90 percentile range and, from his prospective, the new assessments appear to be fairly .close to the. ideal. of 100% of fair .market value. He stated that he has agreed to do a study in the next couple months and advise the Board on how the figures correlate .with the reassessment. John Hadfield, Executive Director, Southeastern Public Service Authority (SPSA), addressed the Board on issues and opportunities related to a proposal currently being evaluated by SPSA staff and Board of .Directors. regarding the acceptance of municipal waste from out-of--area waste generators in order to generate new revenues and keep municipal tipping fees from rising too dramatically. He advised-that following a Board of Directors' financial retreat in which a consultant had suggested that new revenues could be generated by accepting out-of--area waste in large volume, the SPSA Board of Directors .voted to ask -its staff to continue negotiating with Covanta, and to bring back a contract to .bring more out-of-area waste into the region. He advised that SPSA.has already been handling out-of--area`waste in north shore Hampton Roads. and northeastern North Carolina for a number of years. He stated -that representatives of Covanta are present to address the. Board, as well as SPSA's Deputy Director, on the proposed project. Rob Balbierz, Covanta Energy, .advised that the proposed .project is .intended to provide, SPSA with new revenue, establish long-term economic benefits to its members, reduce truck traffic on Portsmouth roads, create new long-term jobs and astate=of-the-art marine terminal. He stated Covanta. has annual revenues of $l billion, with 31 plants located in the United States. He stated Covanta is committed to safety with a number of its. plants awarded the VPP star from OSHA, and several recognized by the EPA. He stated that New York City proposes to build terminals to accept neighborhood and commercial trash. to be loaded into containers and shipped out via barge or railcars. He stated the proposed .project is a twenty (20) year project. with 6 °onrr 24 .~ l New York City with five (S) year potential renewals. He advised that New York City has now approved the solid waste plan to begin negotiating for the 12,000 tons to be shipped out of the ,City beginning in .2009-2010.. He stated that the proposed old Allied site in Portsmouth .will accept teak-proof, waterproof containers from a barge that wilt be transported to the SPSA facility a mile from the proposed site. He advised that the containers to be utilized are. rated to handle 172 tons being stacked on top of each other. He stated in addition to the benefit of a new revenue stream, Covanta's commitment is also to build a $2S-$30 million dollar marine .terminal which will create new .jobs locally and be a host community benefit to the City of Portsmouth. Supervisor Ivy noted that the Suffolk landfill is anticipated to be closed in five (S) years. He inquired if by accepting this trash another landfill will need to be built earlier, and if the anticipated generated revenue will offset the cost of closing that landfill and having to open another. Mr. Hadfield replied accepting New York City's trash would cause the Suffolk landfill t© be closed sooner, and it would also generate more than sufficient revenue to offset the cost of developing a new site. Supervisor Clark inquired as to the reasoning behind New York City wanting to barge its trash into Virginia. Mr. Balbierz replied because most of the facilities up north are full with respect to burning capacity. Supervisor Bradshaw inquired if Covanta could expand its current plants up north. Mr. Balbierz replied that Covanta could most likely expand its current plants up north; however, that alternative has yet been explored. Chairman Wright stated that New York City is only trying to move. its trash problems to another state. He stated that the cost to do so may be cheaper at .this point in .time, but no one knows yet how much it is going to cost .Virginia .later.. He stated that he did not mind Richmond. sending its waste to this area, but he did not want Virginia to become. a dump site for. other states. Mr. Hadfield commented that Virginia .and New York must adhere to strict state laws and federal requirements for waste management.- He advised that the containers will be inspected every six (6) months, as required by law. He noted. that all of the trash transferred. to Virginia from New York City. would. be taken to the waste-to-energy plant, and nat. the landfill. 7 ~ pp 80t~N ~'f >.~: ~„~O Supervisor Bradshaw .inquired who inspects the trucks.. that pick up refuse from New York City's curbs that are then loaded into containers and shipped out at the terminal Mr. Balbierz replied that he is uncertain whoa inspects the trucks, but in New York .City .and other: northeast areas radiation detectors are installed on scales. He offered to find out the:- answer to Supervisor Bradshaw's question and report back to him... Supervisor Bradshaw stated. that Hampton Roads already has its fair share of environmental concerns, and that any number of detrimental items could be loaded onto. trash trucks. Louie .Jordan, Deputy.. Executive Director, SPSA, stated that every container load dumped on SPSA's RDF plant floor will be completely inspected, which will be done by increasing staff. He advised that $300,000 ~~ is included in the proposed annual budget to accomplish the inspections. He .advised that .Covanta has the best reputation with respect to environmental oversight. He advised that in 1994 the United States Supreme Court ruled. that municipal solid waste is a commodity, and is subject to the Commerce Clause of the Constitution, which means that states do not have: the authority. to regulate the flow of garbage. between states. He advised that in 2005, over million tons of garbage had been brought into Virginia for disposal in rural communities that were ..stressed financially. ..These communities have benefited from the revenue by building schools and libraries- that they otherwise would not have been able to afford. He stated that the City of Suffolk is currently not beingpolluted by the location of a regional landfill, and that landfills could be assets, if properly managed. He stated that all of the materials brought. down from New York City would be used. as fuel in SPSA's waste-to-energy .system. He stated with .respect to environmental issues, the transportation and disposal of garbage is one of the most regulated industries, and SPSA is confident. with the emergency management plans developed by Covanta and its consultant partners, TransSystems. He stated that their sole job is the safe movement of .cargo in and -out of the Port of :.Hampton Roads, and that he believes that they have done a good job. to date to minimize any potential damage to the environment. He stated with respect to the more rapid depletion of Suffolk's regional landfill, even if the Covanta project were not being considered, efforts are being made to move forward with the Committee that is being developed to seek additional landfill space, as landfill space will be depleted before. the contracts expire. He stated with t respect to concerns .about out-of--area garbage, even if Covanta maximizes the amount of rash it would like. to bring to Virginia, it will only be l 1% of what is already <being brought into the state. This does not qualify Virginia as the "garbage dump of the world." He stated based on current negotiations with .Covanta, which are not yet finalized, there will be a net annual positive cash flow of $9.7 million per year, which equates to a total. of $194,000,000 over a twenty (20) year contract to the member communities. He advised that SPSA has chosen to defer any .costs to the future to keep the municipal tipping fee 8 ~o~x 24 .,:.~~. as low as .possible, and its contracts run out in 2018, leaving SPSA with $40,000,000 in unfunded liabilities.. He stated. that the revenue generated from accepting out-of--area trash from the City of New York would allow SPSA to reduce future debt issues, and the funds would be used to reduce current and future tipping fees. He advised that staff has not finalized the proposal with Covanta, and hopes to bring a final contract to the SPSA Board of Directors by the end of August, 2006. Chairman Wright inquired how many containers and what. size barges would be utilized. Derek Veenhof, Covanta Energy, stated there are 132 units and 2,500 ton per barge, He explained that it would be done via a procurement process for four (4) different marine facilities, of which each facility generates a different amount. of waste per day. He stated that Covanta is focused on a marine terminal that generates .between 2,000-2,500 ,tons per day, or one (1) barge per day, which can be unloaded in a day's time. He stated that Covanta is in the business of looking after .the public's. problems with household and commercial waste. He stated that in the United States, Covanta takes in approximately 7% of .the municipal solid waste generated in the country every year. He stated with regard to the issue of toxic waste, Covanta has had four (4) contracts with New York City since 1998, and 500,000 tons of waste have been disposed of per year into two (2) regional waste-to-energy plants in that area, and there has note been a single incident of unacceptable hazardous waste. He stated the primary issue has been with bulky waste. He stated that by law, each load is dumped on a tipping floor where it is inspected for undesirable .waste materials via a checklist before a tipping floor operator pushes it into a refuse bunker. He stated that the materials are again inspected at the .marine transfer station by a crane operator before it is placed into a container. He stated that New York City does not want to send to one of its critical vendors problematic waste,.so it will be addressed before any unacceptable waste is put into a container. Chairman Wright inquired what type of research had been done with respect to the byproduct being utilized in concrete versus placing it in a landfill. ~: Mr. Veenhof advised .that Covanta has conducted a study wherein reconditioned ash from one (1) of its waste-to-energy plants is utilized as a concrete material. He .stated a portion of an airport` :parking lot was paved utilizing this material to study the effects long term, and Covanta believes that the ash product will be recognized in the United States as something_that can be used other than as a cover material or a landfill material. He stated that Covanta believes that the ash can have many beneficial uses that are safe.. Mr. Jordan stated that materials that are placed each.. day in the. Suffolk landfill must be covered with six (6) inches of cover, and the State allows SPSA to utilize its: ash as part of its daily cover,. which minimizes .the amount 9 ~~U~ ~~ ~t - ~~V of dirt that SPSA has to excavate. He stated it also provides for free disposal for the ash. Assistant County Administrator Rountree stated pursuant to the Board's direction. at its July 20, 2006 meeting, Roger O. Hart, F.E., President of R. Stuart Royer and Associates, is prepared to address the Board regarding , the progress of the Isle of -Wight County Department of Public Utilities' Master Water and Sewer Plan. Mr. Hart advised that the project was awarded to his firm in February, 2005, with an anticipated completion date. of November 15, 2005, which. had been delayed due to a lack of close coordination by certain. County staff. He noted. that following a meeting with Planning staff, he .anticipates presenting the Plan to the Board in September, 2006. Chairman Wright inquired if staff had been providing Mr, Hart. everything needed in a timely manner, or was the .delay a .result of his company lagging behind. Mr. Hart advised that a .study, of this magnitude requires close coordination. between his-staff and the .County, He stated it is customary to hold a meeting between staffs every week, or at least every. three.. (3) weeks,. and communication between his staff and County staff has been lacking. He stated that phone messages and a-mails he sent went unanswered for weeks, and he reached a point six (6) months into the project that he advised his staff that they would. have. to prepare the document with the information they had at that point. He stated when November, 2005. approached, he was told that the Camptown Service District was going to. expand,- and when .asked what the boundaries were,. his staff was told to use the Master Plane and the Comprehensive Plan,. which are inconsistent.. He advised that a meeting was then requested, :and held weeks later to address those issues. He advised that following that, he contacted Assistant. County Administrator Rountree to express his concern. When asked .why he had. not contacted Mr. Rountree earlier, Mr. Hart advised that the chain of command was set up far a Project Manager, ..which was lacking. He stated that since. Mr. Rountree has become involved, the data is now flowing. He stated that he had to again generate all - flow. data for the northern and Windsor areas after County staff informed .his staff that. the population figures were low. He apologized .for not having expressed, concern earlier that communication lines were not flowing. // Chairman Wright indicated the Consent Agenda included the following items: A. Recognition of Don- Hill, Social Services Fraud Investigator Resolution. to Recognize the Efforts. of Mr. Don Hill B 0~0~ 24 •,:: ~ ~ i B. Radiological Exercise in Rushmere C. Smithfield Cultural Arts League Resolution to Accept and Appropriate Funds for the Laval Government Challenge Grant D. Smithfield & Isle of Wight Tourism Bureau Logo Trademark Protection E. : Bicycle and. Pedestrian Facilities Committee Meeting Minutes F. Change in Board of Supervisors' Meeting Date of August 1 ?, 2006. to August 21, 2006 G. Nite-Hawk ofVirginia Entertainment Agreement H. Magic 4U1 Entertainment Agreement I. T Minus 8 Rough Stock Entertainment Agreement J. Restless Heart Entertainment Agreement K. 2005 Annual Report from the Wetlands Board. L. Affordable Housing Strategy Task Force M. The application. of Ross and Roberta Younger to perform a bank stabilization project in order to repair erosion damage from several hurricanes. N. Delinquent Real Estate Tax Collection Monthly Report O. June 15, 2006. Regular Meeting Minutes P. July 6, 2006 Regular Meeting Minutes Supervisor Clark moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (4-0} with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the .motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. // Chairman Wright called for Regional Reports. 11 g~~~ ~~ ~~~ ~~2 There were no regional reports offered by the Board. County Administrator Casket' made reference to two (2) pieces of correspondence from him .regarding ' SPSA which would be included in the -Board's August 21, 2006 agenda, which were placed at the Board's seats prior tohe meeting. /! Chairman. Wright called for Transportation Matters. Sandon S. Rogers, Transportation Planner, reported .that VDOT is still in the process of relocating its office to the Waverly District. He requested that the Board members advise .him of any' concerns prior to his upcoming meeting. with ahe VDOT Resident Engineer. Chairman Wright requested that Mr. Rogers provide the Board with a status report on the emergency lights in the Town of Windsor. Mr. Rogers replied that the: Resident Engineer lost many of .his personnel in the relocation of his office, and there is a new employee in charge: of the emergency lights. He stated he would report back to the Board on the status after that person has become more acclimated. U Chairman Wright calted for Citizen's Comments. Albert Burckard of Titus Point Lane suggested that the next time a new motto for the Town of Smithfield and the County is considered, consideration be given to displaying something other than a pig, and that the logo sequence of words "ham, history and .hospitality" be changed to "hospitality, history and ham," in that order. :Bobby Clontz recommended certain changes - to .the proposed draft Open Burning Ordinance for the Board's consideration prior to public hearing and adoption of the Ordinance. He noted -that Section 7.8 does not incorporate changes that were made this .year by the General Assembly, and in some cases, the proposed ordinance is excessively restrictive on burning, while other areas contain vague or ineffective language to regulate burning. He specifically noted that under Section ?-11, C5-C7 are very vague. He recommended reference be .made to the guidelines to minimize smoke production and to avoid many. potential conflicts prior to any burning being. done. He stated that Section 7-11 (E) refers. to permissible: open burning during the time period. of May l st to September 30th; -however, there is currently a state .regulation that restricts open burning from February 15`h to April 30`h. 12 90~K ~4 >,- ~'~JJ Chairman .Wright advised Mr. Clontz that the Board will be requesting under the County Attorney's report that the revised .draft .Ordinance be .submitted to the State .Air Pollution Control Board -and the Department- of Forestry for their review prior to action by the Board. /! Chairman Wright called far the County Attorney's report. County Attorney Stroman .presented proposed revised by-laws for the Social. Services Board that reflect a change in .the election of officers from June to July in oxder to allow newly appointed members to participate in the election process.. He recommended that the Board adopt the revised bylaws. Supervisor Bradshaw moved that the Board authorize the Chairman. to execute the revised by-laws on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. County Attorney Stroman presented the Deed of Bargain and Sale for the Booker T. Estates pump station, which he recommended that the Board authorize him to proceed with execution and recordation on the Board's behalf. Supervisor Ivy moved that the Board authorize the County Attorney to proceed with execution and recordation of the Deed for the Booker T. Estates pump station on behalf of the Board. The motion was. adopted by a vote of (5-0) with Supervisors Bradshaw,- Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman advised that the principal issue .identified by the Board at its last discussion. relative to open burning of debris from land clearing operations associated with development has now been included under Section 7-9 (E) of the proposed draft Open Burning Ordinance, which addresses the prohibition for open burning for development purposes on parcels greater than one (l) acre in size. He stated under current law,. the State Air Pollution Control Board .reviews proposed ordinances unless a locality. adopts line for line the model ordinance.. He recommended that before the Board sets a public hearing on the matter that the proposed draft be sent to the State Air Pollution Control Board for its comments, and that. those comments. will be brought .back, to the Board. He stated that. the exemption section of .the ordinance exempts open burning far forest management and agricultural practices, as well as for ceremonial occasions. 13 ~~ ~M'~' ~~J~ B:~Otc Supervisor ~ Clark moved that .the Board accept the County Attorney's recommendation that staff submit he revised draft.Ordinance to the State Air Pollution Control .Board and the Department. of Forestry .for their review. The motion .was adopted. by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, .and no Supervisors voting against the motion. County Attorney Stroman presented a revised draft Ordinance pertaining: to garbage, weeds and litter pursuant to the Board's concerns relative. to the notice for.. removal of refuse and -weeds by the County. He advised that Section 8-4 now provides .for written notice of no less than seven (7) days. He further advised that the definition of dangerous 'materials and substances .has been tied to SPSA's .definition, as well as state and` federal laws and regulations. He noted that the request for a better definition of commercial establishments has also been addressed under Section 8-16. Supervisor Ivy moved that the Board authorize the County Attorney to :..advertise the. proposed revised. Ordinance.. amendment for .public hearing at .the Board's August 21, 2006 meeting. The motion was .adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against-the motion. County Attorney Stroman noted he had eight. (8) matters for discussion with. the Board later during-the Closed Meeting. // Chairman Wright called for the Parks and Recreation Report. :Debbie. J. Sivertson, Manager of Historic Resources, presented a Resolution Recognizing the National "Year of the Museum" and the 30~' . Anniversary of the Isle of Wight County Museum for the Board's consideration.. Supervisor Bradshaw moved that the Board adopt the following Resolution: RECOGNITTON OF THE NATIONAL "YEAR OF fiHE MUSEUM" AND THE 30T".ANNIVERSARY OF THE ISLE OF WIGHT COUNTY MUSEUM 14 eoo~ 24 ~~~:-135 WHEREAS, museums hold in trust for future generations a substantial- part of humankind's material patrimony produced. by .the .skill of our ancestors and our contemporaries; .and, WHEREAS,. museums encourage. curiosity in the very young, offer enlightenment and education to the student, and provide a continuing source of enjoyment and cultural enrichment for all; and, WHEREAS, the American Association of Museums announced the United States Congress has provided full recognition of the Year of the. Museum in support of museums across the country via passage of Senate. Resolution 437 on April 6, 2006 and. House- Resolution 389 on February 8, 2006; arYd, WHEREAS, the Isle of Wight County Museum, founded during our Nation's Bicentennial year of 1976, has been serving the citizens of Isle of Wight County, and the Towns of Smithfield and Windsor, for thirty years; NOW, THEREFORE, BE IT RESOLVED by the. Isle of Wight County Board of Supervisors than the Isle of Wight. County Museum, and its dedicated staff and faithful volunteers, be recognized for its contribution to the preservation ofthe heritage of Isle of Wight County; and, BELT FURTHER RESOLVED, that the isle of Wight County Board of Supervisors does hereby proclaim 2006 as .the Year of the Museum. as recognized throughout the Nation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Ms. Svertson reported that the Jamestown 2007 Committee for the County had met on June 12, 2006 and had agreed to meet again on September 12, 2006. -She noted that communication in the interim is to be via a-mail. Ms. Sivertson referred to the enclosed attachments in the agenda, which include .County .Sponsored 2007 activities, Promotional Plans for 2007/Historic :Resources Division,. Promotion Plans for 2007/Tourisrn Department, and a 2007 County & Community Calendar of Events, which are now listed on the County's website. She noted that as activities continue to be developed by staff and community groups, the enclosed attachments in the agenda-would be updated accordingly. Supervisor .Clark moved that Jeranne Gardner be present on all critical meetings with regard to Fort Huger and 2007 activities.. The motion was I5 ~~4~ 24:h::~1~3~ adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and. Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy requested Ms. Sivertson to speed up the November, 2006 date for Fort Huger, and that she contact Ms. Winslow with regard to a .tour for the Isle: of Wight, England delegation prior to its opening to the public, if at allpossible. Supervisor Brown requested that -staff take the necessary steps to have a detailed search done at Fort Huger. to insure that there are no unexploded ordinances/shells on the site. Ms. Sivertson requested the :Board's consideration. of various. grant applications with respect to the 2007 ,Jamestown Anniversary Celebration. Supervisor Ivy moved that the Board approve the Isle of Wight County '~ Historical Society's application fora the. 2007 Jamestown grant funds in the amount of .,$3,000. The motion was adopted by a .vote of (5-0) .with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in .favor: of the motion, and no Supervisors voting against the motion. Supervisor Ivy moved that the Board approve the Isle of Wight County Museum Foundation's application for 2007 Jamestown grant funds in the amount:. of $5,000. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy moved that the. Board approve the.: Tourism Department's application for 2007 Jamestown grant funds in the .amount of $3,735. The motion was adopted by a -vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy .moved that the Board not approve the_ Tourism Department's application for 2007 Jamestown grant funds. The motion was adopted by a vote of (5-0} with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor ofthe motion,. and no Supervisors. voting- against the motion. Supervisor.:Ivy moved that the Board approve the School House .Museum's application. for 2007 Jamestown grant .funds in the amount of . $7,838. The motion was adopted by a .vote of (5-0} with Supervisors 16 Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy moved that the Board approve the APVA's application for 2007 Jamestown grant funds in the amount of $3,600. The motion was adoptedby a vote of ES-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and. no Supervisors voting against the. motion. Supervisor Ivy moved that the Board approve Historic St. Luke's Church's application for 2007 Jamestown grant funds in the amount of $10,000. The motion was adopted by a vote of (5-0} with Supervisors Bradshaw, Brawn, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for the Emergency Management report. Richard O. Childress, Director of Emergency Services, presented.. a request from the. Carrollton Volunteer Fire Department for the donation of unexpended FY2045-06 salary funds. - Supervisor Clark moved that the Board authorize the donation of unexpended FY2005-06 salary funds as requested by .the Carrollton Volunteer Fire Department. The motion. was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and. Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor .Bradshaw moved that the Board adapt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR FY 2005-Ob UNEXPENDED SALARY FUNDS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of FY 2005-06 unexpended salary funds to the Carrollton Volunteer Fire Department; and, WHEREAS, the funds in the amount of twenty-five thousand dollars ($25,000} need to be appropriated from the Designated Fund. Balance to the FY 2006-0? General Operating and Capital Budget of the County of Isle of Wight.. 17 J gO~K ~~ ~'`~"~.~L7 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that the'sum of twenty-five thousand dollars ($25,000} from the Designated Fund.. Balance be appropriated to the FY 2006-07 General Operating: and Capital Budget.of the County of Isle of Wight. BE IT FURTHER. RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the .appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0} with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting. in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for the County Administrator's report. Liesl R. DeVary, Director of Budget and Finance, presented a request from Section 8 for an additional appropriation to bring that function under the County's Pay Plan and to add apart-time position in .order. to .accommodate the. Home Ownership Program. Supervisor Clark asked if the .request could. be deferred until next i year's budget process. Ms. DeVary advised that the request would .cover the necessary funds to add apart-time. position to assist with the Home Ownership Program. ..Lana DeVtes, Section 8 Coordinator, advised that the. request had .been in the original budget. Supervisor Clark inquired .why the Board would approve the request tonight if it had rejected it during the original budget process. He .stated that he did not like receiving requests outside the normal budget cycle. Ms. DeVary explained that at that time, the Social Services Department was not under the direction of the County.. Supervisor Bradshaw moved that the .Board adopt. the following Resolution: l$ AaoK 24.~'~.~~ RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND ACCEPT .AND APPROPRIATE STATE FUNDS FOR SECTION 8 EXPENDITURES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved additional funding for Section 8 expenditures; and, WHEREAS, .the total funds in the estimated amount of fifty-six thousand four hundred seventy .four dollars ($56,474). need to be appropriated to the FY 2006-07 General Operating Budget of the County of Isle of Wight; and, WHEREAS, a portion of these funds in the amount of thirty-seven thousand five hundred sixty-eight dollars ($37,568) needs to be appropriated as local funding from the Unappropriated Fund Balance of the General Fund to the FY 2006-07 General Operating- Budget of the County of Isle of Wight; and, WHEREAS, .the balance of said funds in the amount of eighteen thousand nine hundred six dollars ($18,906) or so much as shall be received needs to be accepted and appropriated from the Commonwealth to the FY 2006-07 General Operating Budget of the County of Isle of Wight, Virginia. NOW, .THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of .the County of Isle of Wight, Virginia that thirty- seven thousand five hundred sixty-eight dollars ($37,568) from the Unappropriated Fund Balance of the General Fund and. eighteen thousand nine hundred six dollars ($18,906) or so much as shall. be received from the Commonwealth be appropriated to the FY 2006-07 General Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make- the appropriate accounting adjustments in the budget. and to do aU things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in .favor of the motion, and no .Supervisors voting against the motion.. Ms. DeVary presented a request from the Treasurer which had been submitted during last .year's budget cycle for an additional part-time position. 19 ea~~~ 24 ~~.:~1~.~0 She: noted Ghat the Board had. requested at .that time .that the Treasurer respond with an overview of the number of staff that she currently has, as well as the amount of work .that is done by that office in comparison to other localities. She stated that the Compensation Board this year provided funding for one (1) additional Deputy position, and:. the Treasurer is now requesting that some of the funds made available for the Deputy position be utilized to fund apart- time position. Ms. DeVary made reference to the delinquency report included in the Board's agenda packet -which illustrates that the Treasurer's Office has less. than a 2% uncollected balance. Supervisor Bradshaw moved that the .Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMPENSATION BOARD FOR STAFFING IN THE TREASURER'S OFFICE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized apart-time position in the Treasurer's Office; and, ` WHEREAS, funds in the amount of fifteen thousand dollars ($15,000) to be received from the Compensation Board -needs to be accepted and appropriated to the appropriate line items in the FY 2006-07 General Operating Budgetof the County of Isle of Wight, Virginia. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifteen thousand dollars ($15,000), or so much as shall be received from the Compensation Board be appropriated in the FY .2006-07 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the -County Administrator of the County of Isle of Wight,.. Virginia is authorized. to .make the appropriate accounting adjustments in the budget and to do all- things necessary to give this resolution effect. i The motion was adopted by a cote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, .and no Su ervisor p s voting against the motion. _ I/ Chairman Wright called for Appointments. 20 I 9091! ~~ %r : _~~~~, Chairman Wright moved that the .Board reappoint Larry Willis, ~I representing. the Windsor District, to serve on the Isle of Wight Substance ~' ~, Abuse Advisory Council.. The .motion was. adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors votin a ainst the motion. g g // Chairman Wright called for Old Business. Patrick J. Sma11, Assistant County Administrator, briefed the Board on the r 1 e ocation of the I nformati on Technology Department from rts current location in the Human Services Building to the building formerly utilized by -the School. Administration at the Courthouse Complex. He advised that the section of the Human Services Building that was formerly utilized by. the Department of Economic Development would be available for use by the Department of Social Services on August l5, 2006. He further advised .that the County. has now taken possession ofthe old School .Administration .building, .and the Department of Public Works is working to clean and replace the carpet, do some- painting and install certain light fixtures. He stated that he anticipates the IT Department to be moved from the Human .Services. Building. to the old School Administration building by August 15, 2006. He noted that the servers have already been relocated from the Human Services Building to the Sheriff's office. Supervisor Bradshaw requested the status of the air conditioning for the portion of the Human Services Building being utilized by County staff. ~, Assistant County Administrator Rountree advised that the new air '~ conditioning system should be operational by Monday, August 7, 2006. He advised that three (3) portable air conditioners have been rented in the interim to address the heat. // i Chairman Wright called for New Business. ~~, Supervisor Ivy moved. that the Board request the County Attorney to review the possibility of developing a curfew ordinance for juveniles in the ~, County. The motion was adopted by a vote of {5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wrighf voting in favor of the motion, and no .Supervisors voting against the motion.. I I /! .Supervisor Bradshaw left the meeting and did not return. 21 w // eaR~ - 24 ~h:~-19~ County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act to receive legal advice concerning multiple alternates to County boards and commissions; pursuant to Section 2.2-3711.A.7 to receive. legal advise concerning, utility. and zoning matters :related to the Red Oaks Mobile Home Park; pursuant. to Section 2.2-3711.A.7 to receive.. legal: advice. concerning actual litigation involving the County ..through its membership with SPSA; pursuant to Section. 2.2-3711.A.7 to .receive legal advice' concerning. a possible amendment of a Conditional Use Permit for Lawnes Point orr the .James; .pursuant to .Section 2.2-3711.A.7 to receive egal .advice concerning probable litigation resulting from the County's. most recent reassessment; pursuant to Section 2.2-3711.A.7 to receive information concerning a prospective .business or industry. where no previous announcement has been made; pursuant to Section 2.2-3711.A.7 'to receive legal .advice regarding actual litigation involving the Courthouse renovation; and, pursuant to Section 2.2- 3711.A.7 to receive legal. advice regarding probable litigation arisingout of an EEOC complaint. Supervisor Ivy moved that the Board enter the .Closed Meeting for the reasons stated by the County Attorney. The .motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy .and Wright voting in favor of the motion; no Supervisors voting against the motion; and., Supervisor Bradshaw absent from he meeting.. .Supervisor Ivy moved that. the Board return to open- session.. The :motion. was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion;. no Supervisors voting against the motion; .and, Supervisor Bradshaw absent from the meeting.. Supervisor Ivy moved. that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has' convened a closed meeting. on this date pursuant to an affirmative recorded vote and in accordance with the . provisions of the Virginia Freedom. of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code. of Virginia- requires a certification by this .Board. of Supervisors that such 'closed meeting.. was conducted in conformity with. Virginia.law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that,. to the best of each member's knowledge, (i) only public 22 HOOK 24 -~;:~~,l~c~ business matters lawfully exempted. from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ti) 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: Brown, Clark, Ivy and Wright NAYS: 0 . ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Bradshaw There was no action following the Closed Meeting. /! At 7:30 p.m., Supervisor Ivy moved that the Board adjourn its meeting.. The motion was adapted by a vote of (4-0} with Supervisors Brown,. Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion.; and, Supervisor Bradshaw absent from the meeting. ~. r omas J. W ig t, I Chairman R.