09-20-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER IN
THE YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Ivy called the meeting to order at 6:00 p.m.
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Supervisor Clark delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman Ivy called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under New Business, add an item requested by Supervisor
Wright regarding a License Agreement between the County and the Windsor
Hunting Club for 2007-08 hunting season; under Special Presentations, add
a report by Sheriff C. W. Phelps regarding the County's animal shelter;
under New Business, add an item requested by Supervisor Bradshaw
concerning the mercury level in the Blackwater River and an item
concerning the Help America Vote Act; under New Business, add an item
requested by Chairman Ivy regarding the number of new residential units
proposed for development; and, under New Business, add items requested
by Supervisor Clark regarding a change in the Board's December meeting
date; the County's Proffer Study; compensation for Planning Commission
members; and, discussion on convenience center workers.
Supervisor Clark 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.
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Chairman Ivy called for Special Presentations/Appearances.
Liz Harper, Dominion Virginia Power, briefed the Board on
Dominion's pending application before the State Corporation Commission
(SCC) to construct a 500,000-volt transmission line extending from
Dinwiddie County to its Suffolk substation, a segment of which will cross
the County. She advised that the SCC has issued an Order of Notice to all of
the counties and cities and impacted property owners by either the proposed
or alternate route for the sixty (60) miles of line. She advised that the SCC
will conduct public hearings on Monday, October 8, 2007 at 6:00 p.m. at the
Sussex County High School and Thursday, October ll, 2007 in the Suffolk
City Council chambers with an additional public hearing held in February
2008 in Richmond. She advised that the public may participate by attending
any of the public hearings; providing written comments directly to the SCC
by January 29, 2008 either by mail or e-mail; or, participating as a
respondent, which allows participation in the February 5, 2008 meeting at
which time witnesses may be cross examined; interrogatories submitted to
the company for responses; and, documents be requested. She stated if the
proposed or alternate route is approved, a number of activities must take
place before the line can be energized before the summer of 2011, such as
contact each property owner to seek their permission to enter their parcel to
survey, create plats, plans and profiles, as well the negotiation of easements
and needed construction and environmental permits. She stated the right-of-
way will have to be cleared; foundations poured; erect structures and pull the
conductor into place before energizing. She stated with respect to right-of-
way clearing, the practice of wind rowing the trees is the most efficient and
standard practice of Virginia Dominion Power. She stated the trees can be
limbed that are close to homes in residential areas and all trees smaller than
12 inches in diameter can be mulched and spread along the right-of--way.
She stated logs can be either disposed of or the property owner may have the
logs.
Supervisor Wright commented that wind rows are hazardous for
children and attract snakes. He suggested if the cable was buried alongside
the railroad track, there would be no disturbance to wetland areas. He noted
as proposed, farmers will be impacted and the cement blocks would be there
forever. He stated because the City of Virginia Beach can not control its
growth is no reason for the County to suffer.
Ms. Harper responded that Virginia Dominion Power does not have
any 500 kv lines buried within the United States. She advised that to
transfer the line from above ground to underground would require a facility
at each end of the line and Virginia Dominion Power does not have this type
of experience.
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Supervisor Clark stated he has a concern with the way Dominion
Virginia Power maintains its right-of--ways. He advised that staff has written
Dominion Virginia Power many times requesting that the streambed in the
right-of--way be cleaned up at Booker T. Estates which has been blocked by
debris.
Supervisor Bradshaw moved that staff be directed to send Dominion
Virginia Power's request for a 500,000-volt transmission line to the
Planning Commission for its review and recommendation back to the Board.
Staff is to communicate the Board's comments in writing to the State
Corporation Commission by January 29, 2008. 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.
Judy A. Wells, Treasurer and Gerald H. Gwaltney, Commissioner of
the Revenue, briefed the Board on a new proposal for the pre-pay of
personal property taxes in the County, which is an estimated payment plan
that allows for quarterly payments and is completely voluntary.
Supervisor Bradshaw moved that staff, in conjunction with the
Commissioner of Revenue and Treasurer, be directed to develop a plan of
implementation for consideration at the Board's October 30, 2007 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.
Supervisor Clark moved that the Board add a customer service matter
from BFUAllied to the agenda following the Sheriff's presentation. 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.
Sheriff C. W. Phelps, responsive to the Board's request at its
September 6, 2007 meeting, presented a proposal for a new animal shelter
which would increase the square footage from 2,900 to 3,600 square feet;
would house 36 kennels; a dog isolation area for quarantine animals; office
and lobby area; a toilet and shower area for Animal Control Officers; an
euthanasia area; a mechanical and electrical area; and, an exterior fence run.
He stated the estimated building, site and architect cost would be between
$637,000 to $666,000 based on a $110 and $115 square foot price. He
advised that the current water supply is inadequate and in need of
replacement.
Supervisor Clark requested that Sheriff Phelps investigate the
feasibility of locating the new animal shelter at the Camp Washington site,
which is already contained by a fence.
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Supervisor Bradshaw moved that Sheriff Phelps' proposal for a new
animal shelter be forwarded to the Board's Finance Committee and the
Director of Budget and Finance for review and recommendation back to 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.
Supervisor Clark relayed a customer service concern with the lack of
trash pick-up at her home.
Supervisor Wright noted that trash is often not picked up on the
designated date in his area and trash that falls out of the truck is not picked
up.
Ellen Thacker, General Manager, BFI/Allied, responded in order to
address the problem, the newest and most efficient vehicle has been
assigned to service the County; a new driver has been assigned to that route;
the number of men working on the route has been increased from two (2)
men to three (3); and, drivers are being cross-trained on the various routes.
She advised that BFI representatives will continue to report to the Board and
request its feedback on whether or not there is measurable change in the
coming months.
Supervisor Clark requested that contact be made with Ms. Laufer by
BFUAllied representatives.
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Chairman Ivy called for Regional reports.
Chairman Ivy reported that as a result of Oceana requiring landing
fields out into rural counties, the Hampton Roads Military and Federal
Facilities Alliance is concerned that if the Navy is denied, it will be just one
additional reason to relocate the Oceana Air Station. He offered to keep the
Board apprised of any new developments.
Chairman Ivy reported on the recent tour of the water treatment plant
in Chuckatuck by the Western Tidewater Water Authority.
County Administrator Caskey reported that only routine business
matters were discussed at the most recent meeting of the Hampton Roads
Planning District Commission.
Supervisor Clark reported that the Western Tidewater Transportation
Authority's Legislative Committee remains committed in requesting the
legislators to change the funding mechanisms of the Authority by scaling
back the grantor's tax and eliminating additional fees on car repairs.
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Supervisor Bradshaw reported that the Social Services Board and
County staff are reviewing and analyzing services that can be consolidated
within the County. He advised that the Board will be receiving
recommendations from staff in the near future.
Supervisor Bradshaw reported on a new proposal to provide additional
funds for school construction which turns the funding mechanism over to
VACo and VML. He stated that the VACo Executive Committee has
endorsed the proposal with the stipulation that any new revenue must come
from a new source. He stated that he would keep the Board apprised as the
General Assembly considers this issue.
Supervisor Brown reported that the Southeastern Public Service
Authority will hold a strategic planning meeting on September 26, 2007.
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Chairman Ivy called for Transportation Matters.
Chairman Ivy moved that Engineering staff be directed to contact
Alonzo Woodard concerning the dangerous dip in Route 258 at 13551
Courthouse Highway. 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.
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Chairman Ivy called for Citizens' Comments.
Michael Uzzell, Central Hill Road, voiced concern with school bus
signage and bridge markers being knocked down by VDOT contractors
during grass mowing efforts.
Supervisor Clark moved that Mac Neblett, VDOT, be requested to
investigate VDOT's contract personnel's performance and that any signage
that has been damaged or knocked down is replaced on Central Hill Road
(school bus signage) coming off of Route 620; Scotts Factory Road (bridge
marker); and, Carroll Bridge Road (bridge marker). 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.
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Supervisor Bradshaw moved that the Board amend the regular order of
the agenda in order to conduct the public hearings. The motion was adopted
by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright
voting in favor of the motion and no Supervisors voting against the motion.
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Chairman Ivy called for Public Hearings.
Chairman Ivy called for a public hearing on the following:
A. The request of Chester Glenn Carr to withdraw approximately
six hundred twenty-nine (629) acres of land from the Knoxville
Agricultural Forestal District. Said properties are located south
of Mill Creek Drive (Rt. 638) and north of Joyner's Bridge Road
(Rt. 611) in the Carrsville Election District. The parcels being
requested to be withdrawn are identified as tax map parcels 52-
O 1-039, 52-01-037, 52-01-036, 52-01-028, 59-01-071 and 59-
O l -072. The Agricultural Forestal District Advisory Committee
and the Planning Commission recommended approval of the
request.
Beverly H. Walkup, Director of Planning & Zoning, introduced the
above request. She advised that the Agricultural Forestal District Advisory
Committee and the Planning Commission have recommended approval of
the application.
Supervisor Bradshaw advised the Board that Mr. Carr had contacted
him to advise that due to another obligation, he would be unable to attend
the meeting tonight.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor of or in opposition to the request.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board approve the request of Chester
Glenn Carr. 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 Ivy called for a public hearing on the following:
B. The request of Allan L. Willey to add twenty-one (21) acres of
land to the Longview Agricultural Forestal District. Said
property is located on the south side of Muddy Cross Drive (Rt.
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620), approximately one (1) mile west of Benns Church
Boulevard. (Rts. 10 & 32), in the Windsor Election District. The
parcel being requested to be added is identified as tax map
parcel 32-03-002. The Agricultural Forestal District Advisory
Committee and the Planning Commission recommended
approval of the request
Beverly H. Walkup, Director of Planning & Zoning, introduced the
above request. She advised that the Agricultural Forestal District Advisory
Committee and the Planning Commission have recommended approval of
the application.
Interim County Attorney Burton certified that the request had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Allan L. Willey, applicant, requested the Board's favorable approval of
his request.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved the Board approve the request of Allan L.
Willey. 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 Ivy called for a public hearing on the following:
C. The application of the Trustees of Kingdom Hall of Jehovah's
Witness of Surry County, owners, for a Conditional Use Permit
and Preliminary Site Plan review to allow construction of a
church on approximately 2.441 acres of land located on the
north side of Scott's Factory Road (Rt. 620), west of Carroll
Bridge Road (Rt. 654) in the Hardy Election District.
Ms. Walkup introduced the application. She advised that the Planning
Commission made a favorable recommendation on the above application
with the condition that the proposed lighting plan and signage plans adhere
to the existing Isle of Wight County ordinances.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
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R. Mitchell Wilcox, Commonwealth Engineering Group, Ltd., stated
that the application is in compliance with existing County ordinances and he
is available to answer any questions.
Ned Boyette, Trustee of the Kingdom Hall of Jehovah's Witness of
Surry County, requested that the Board favorably approve the application.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board approve the application of
Trustees of Kingdom Hall of Jehovah's Witness with the condition that the
proposed lighting plan and signage plans adhere to the existing Isle of Wight
County ordinances. 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 Ivy called for a public hearing on the following:
D. The request of Elliot Cohen, owner and contract purchaser, and
Commonwealth Engineering Group, Ltd., applicant, to amend
the Comprehensive Land Use Designation of Tax Map Parcels
34B-01-014, 34B-01-015, 34B-01-016, 34B-01-017, and 34B-
01-018 in the Newport Development Service District from
Suburban Estate to Mixed Use Activity Center. Said property,
approximately 2.58 acres of land is located on the west side of
Carrollton Boulevard (Rt. 17), south of Cedar Grove Road (Rt.
661) in the Newport Election District. The proposed use of the
property is for attached single family homes.
Ms. Walkup introduced the above request. She advised that the
Planning Commission recommends approval conditioned that the use be for
single-family homes.
Interim County Attorney Burton certified that the application had been
properly advertised.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Elliot Cohen, owner, advised that he is currently under contract to
purchase three (3) additional lots in that vicinity in order to make up the five
(5) lots. He advised that his original request was for commercial zoning;
however, staff felt that Highway 17 should coincide with the Comprehensive
Land Use Plan with single-family homes. He stated he felt it would be
difficult to market single-family homes and he went with multiple single-
family homes at that location. He stated the intent is to do away with the
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five (5) lots that would provide five (5) access points onto Route 17 and
develop a single road with parking in the rear with a pool and playground
area to eliminate the possibility of children playing on Route 17. He advised
that the 70-foot buffer zone would be utilized for the retention pond, but
would be fountained so that it is esthetically pleasing. He advised that the
existing site has two (2) run-down homes that are being rented and a third
home is unoccupied and has not been taken care of. He stated that the fifth
lot is a commercial piece that will be changed to multi-family zoning, if
approved. He stated several individuals spoke in opposition to his request at
the Planning Commission. He presented an aerial view of Sugar Hill Road
and Oak Grove Road depicting one (1) driveway that would provide access
to all five (5) lots and eliminating the five (5) entranceways. He stated that
the Comprehensive Land Use Plan calls for a roadway system parallel to
Route 17 with connectivity and he is requesting that the cul-de-sac at the
end touch the property line so that when that parcel comes up for
development there will be a road parallel with Route 17 to Oak Grove Road
to assist with the flow of traffic.
Thomas Finderson of the Newport District stated that he thought the
description in the public notice was in error because it states south of Cedar
Grove Road and it is actually north of Cedar Grove Road. He objected to
mixed use being superimposed on a residential community of eight (8)
existing homes.
Interim County Attorney Burton verified that the advertisement had
been correctly advertised.
Chairman Ivy noted that he did not see anything concerning affordable
housing, how it would connect with the Route 17 Study or any proffers.
Ms. Walkup commented that the Board has not yet received a copy of
the Route 17 Corridor Study.
Supervisor Clark noted that the Board has an obligation to review the
Route 17 Corridor Study before making any decision on changing the uses.
Supervisor Clark moved the Board table the request of Elliot Cohen
until the Board's November 15, 2007 meeting to allow the Board an
opportunity to review the Route 17 Corridor Study. 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 Ivy called for a public hearing on the following:
E. The application of Ronald B. Roussel, owner, for an exception to
the Chesapeake Bay Preservation Area Ordinance. Specifically,
Section 4002(B)(2)(a) to allow encroachment of the house and
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yard up to 47 feet into the 100 foot Resource Protection Area
Buffer, and encroachment of the 12-foot wide driveway within
the entire 100 foot Resource Protection Area Buffer. The
property, containing 5.32 acres of land is known as Lot 18 of
Ennisdale Farms, located on the east side of Ennisdale Drive,
west of Fort Huger Drive (Rt. 676) in the Hardy Election
District.
Ms. Walkup presented the application. She stated that the Planning
Commission has recommended approval of the application with the
condition that the concrete pad and driveway be moved to the right side of
the house and the revised site plan has been included in the Board's agenda.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Ronald B. Roussel, applicant, requested the Board's favorable
consideration of his application.
Matt Krummel, Commonwealth Engineering Group, Ltd., offered to
answer any questions the Board might have.
Nancy Starnes, adjoining lot owner at 4243 Ennisdale Drive,
commented that previously Mr. Roussel attempted to place a modular home
at that sight and she wanted to ensure that he follows the rules this time.
She inquired if this application is approved, does that automatically allow
encroachment on the other two (2) lots?
Interim County Attorney Burton advised that the action taken by the
Board tonight applies only to Mr. Roussel and the other two (2) lots would
have to go through a separate process.
Supervisor Clark inquired if Mr. Roussel could locate his home on
another area of the lot.
Ms. Walkup replied that Mr. Roussel could build to the rear of the
property, but it would require him to have a longer crossing and impact
additional wetlands. She confirmed that the lot was created before the
adoption of the Chesapeake Bay Preservation Area Ordinance. She
confirmed that Mr. Roussel had initially done some clearing in the Resource
Protection Area which was not permitted and he has agreed to additional
plantings on the new site plan.
Supervisor Bradshaw commented that the Board would be setting a
precedent if it approves this application.
Supervisor Brown inquired about the status of the drainfield.
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Ms. Walkup replied that the applicant had relocated the septic tank
and has now met all of the requirements requested by the Planning
Commission.
Supervisor Clark inquired what are the Board's options with respect to
this lot.
Ms. Walkup replied if the Board feels that the applicant has met the
requirements to prove hardship; that the applicant has accomplished the
minimum necessary that is in harmony and not injurious to the adjoining
property owners; and, that the application has reasonable and appropriate
conditions that will protect the water quality of the stream feature.
Supervisor Brown commented that the applicant has sincere efforts to
meet the requirements placed upon his application.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Brown moved the Board approve the application of Ronald
B. Roussel with the condition recommended by the Planning Commission
that the concrete pad and driveway be moved to the right side (south side) of
the house within the side setback and staff's recommendation of acceptance
of the updated site plan, with the parking area to the south side of the house
and the driveway re-routed as shown and revised landscaping mitigation
measures to meet the development encroachment and lot-clearing violations.
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 Ivy called for a public hearing on the following:
F. The application of William C. Sawyer, Sr., owner, and Travis
Latimer, applicant, for a change in zoning classification from
Rural Agricultural Conservation (RAC) to Conditional-General
Commercial (C-GC) of approximately 3.143 acres of land
located on the east side of Carrollton Boulevard (Route 17),
south of Omera Drive in the Newport Election District. The
purpose of the application is for commercial development as
conditioned.
Interim County Attorney Burton certified that the application had been
properly advertised.
Ms. Walkup presented the application. She advised that since the
Planning Commission considered this application, staff has met with the
applicant who has limited the uses being proposed on the property. She
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stated all uses not crossed out are uses the applicant is requesting for a
plumbing and a vehicle repair facility.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Thomas Finderson spoke in favor stating that Mr. Latimer is a honest
and professional businessman; however, he would request that Mr. Latimer
proffer an auto repair use.
Bill Rainy, Site Improvement Associates, advised that he met with
Planning and Zoning staff and identified several weaknesses, which have
now been addressed. He advised that the RPA is approximately 1,500 feet
away from this site and his firm has been authorized to do a report which
will be part of the site plan approval, should the application be approved.
He stated the applicant has also agreed on a pathway across the site. He
advised that the applicant has agreed to do everything that Planning and
Zoning staff have requested be done in the site plan.
Approximately ten (10) people in the audience rose and stood in favor
of the application.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark commented that the Board prefers applicants to make
their bests offers to the members of the Planning Commission, who are the
Board's specialists in development.
Supervisor Bradshaw commented that if a property owner files an
application to request a change in zoning classification such as an auto
repair business, then that is the only use that should be tied to that property
and if a landowner desires to change the use in the future, then they should
come before the Board again to rezone it to another use.
Chairman Ivy noted that there are many items that still need to be
addressed
Supervisor Clark moved the Board table the application of William C.
Sawyer, Sr. until the Board's November 15, 2007 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.
Chairman Ivy called for a public hearing on the following:
G. The application of Locust Grove Partners, L.P. and E. E.
Holloway, Jr. Estate, owners, and Bay Sand Company, Inc.,
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operator, for a Conditional Use Permit to allow construction and
operation of two (2) borrow pits totaling approximately 56.5
acres of land located on the west side of Benns Church
Boulevard (Routes 10 & 32) south of Muddy Cross Drive (Route
620), in the Windsor Election District.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
Jeff Gardy, Attorney, Suffolk, appeared representing the applicants.
He noted that the land is located in the Agricultural and Forestal District and
borrow pits are a permitted use with a Conditional Use Permit. He stated
the proposed pits total approximately 56 acres and this will be a joint
venture between two (2) neighbors, the Taylor's and Jones'. He advised that
VDOT will be requiring that the intersection of Muddy Cross Drive and
Route 10 be improved to meet VDOT standards. He stated regarding the
concerns raised from the Department of Game and Inland Fisheries, it has
been determined that there will be no adverse effect on the bald eagle and
the barking tree frogs, but will have a positive impact on the eastern chicken
turtle. He stated a Phase lA Historical Review was conducted which
revealed a low possibility of any historical significance. He stated Henry
Layden, the pit operator, is a County resident and the employees are also
from the County. He advised that the Jones and Taylors live in front of the
pits, further ensuring that it will be done correctly. He stated the Taylors
will be using the pond for the preservation and attraction of wildlife and the
Jones will use the pond for irrigation purposes related to their farming
operation. He stated that the applicant is prepared to adhere to all of the
Planning Commission's conditions, to include the hours of operation, the
five (5) year rule and reclamation of the pit.
Albert Burckard of Titus Point in the Newport District spoke in
opposition stating that there are still those who want to strip away the very
substance of our rural environment and destroy for all time the very earth we
depend on for our existence. He stated disadvantages include: Loss of large
tracts of land; increase of dangerous truck traffic on the County's roads and
the damage these trucks cause to the roads; the sand and soil left on the
roadways; and, just the single access along Muddy Cross Road. He stated
that the sand will be taken away forever for private and personal gain,
permanently leaving behind large and unsightly holes in the geologic fabric
of the County. He stated the County is not allowed to tax the elimination of
valuable and non-renewable mineral resource and there will be no gain to
the citizens of the County. He stated the Board's permission to allow this
irreversible open pit is not only ecologically and environmentally unsound,
but it is morally wrong in that it robs us all of anon-renewable resource
forever. He stated these pits are not temporary or repairable and the
destruction is permanent and irreversible and it affects the groundwater for
miles around. He stated the County archeological heritage will be
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obliterated forever. He stated that land ownership should not convey the
right to destroy that land and all trace of human, animal and plant life upon
it.
Thomas Finderson of the Newport District expressed concern with the
possibility of trucks entering and exiting simultaneously due to there being
only one (1) entrance into the pit.
Grace Keen of 16419 Benn's Church Boulevard stated that she
understands the applicant's needs and that she hoped that the needs of their
neighbors will be taken into consideration and the same respect will be
shown for those living across from the pit. She expressed concern with dust
and noted that her home faces west, which gives them a natural flow of air
from where the pit will be located. She expressed further concern that the
existing wells in the area may have to be lowered as a result of the pit. She
stated the most important asset of the County is the rural atmosphere and it
is quickly disappearing. She stated growth in that area of the County is
occurring too fast and she urged the Board to slow it down. She noted
concern that the pit will have only one (1) entrance and exit, while other pits
required two (2). She inquired if the applicant had had an environmental
impact study conducted to determine any impact to the endangered species
that are near the site. She expressed concern that artifacts in the ground
need to be reclaimed. She inquired if the applicant had dedicated any land
to the upgrade of Muddy Cross Road. She further inquired if there had been
any investigation into whether or not there would be an affect on the mines
and minerals in the ground.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright suggested that vegetation be planted on the dikes to
prevent erosion; that the area be maintained by a water truck to address dust
concerns; and, that all trucks are washed to keep dirt and trash off the roads.
He noted that he would also like to see what the temporary office would look
like.
Supervisor Bradshaw inquired if a traffic impact assessment has been
done on Muddy Cross Road.
Ms. Walkup replied that staff was unable to obtain a traffic impact
assessment from the State.
Bryan Ross, Long-Range Planner, stated that he has been assured that
a sign will be erected on the property advising drivers that they need to
make aright-hand turn when they exit the pit onto Route 10 because they
are not suppose to utilize the unimproved portion of Muddy Cross Drive.
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Attorney Gardy stated that the pit is located in the middle of a 1,000
acre tract owned by the applicants and it will be at two (2) different
locations. He stated the land will be maintained with water to eliminate the
dust. He stated both studies conducted came back with no impact and the
applicant is doing everything VDOT wants done.
Chairman Ivy inquired if the applicants had proffered to pay for the
signal at the intersection at Muddy Cross Drive and Benn's Church if it
needs to be signalized. He stated it is unfair for the taxpayers to pay for the
signalization.
Attorney Gardy replied that there has been no mention at this time of a
signal light, but the applicant does not have a problem conditioning to pay
its pro-rata share of a signalization light if VDOT advises one is necessary
within the lifetime of the pit.
Supervisor Clark commented that Muddy Cross Drive is located
outside the Development Service District and is not compatible with heavy
industrial use and the surrounding land. He stated dust from the site also
collects along the roadway. He stated the Board previously resolved that it
was not going to allow any more new sand pits because they can only be
used as retention or scenic ponds in large residential developments and the
Board did not want that use to characterize that part of the County. He
stated grandchildren will eventually own the property, who may not be
farmers, and he can see this property being sold to build another
development in the future. He stated there is not a traffic assessment study
available and he is also concerned with the noise that will be emitted by the
large trucks. He stated he is also concerned with the geological impact of
having that many sandpits located that close together. He stated all other
sandpits have two (2) enter and egress points. He stated Mr. Morgan and
Mr. Turner were required to conduct a Phase I and Phase II survey for the
Benn's Grant project and this applicant is not in compliance with its own
cultural assessment which recommends that a Phase I survey be conducted.
He stated that the Isle of Wight Historical Society also has concerns with
that recommendation not being followed up on by the applicant.
Supervisor Bradshaw commented that he has never been in favor of
borrow pits and has never voted favorably for one in the County.
Supervisor Clark moved the Board deny the application of Locust
Grove Partners, L.P. and E. E. Holloway, Jr., owner and Bay Sand
Company, Inc., operator. 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 Ivy called for a public hearing on the following:
15
H. An Ordinance to amend the following sections of Appendix B,
Zoning: Historic Overlay (HO) District, Section 6-3006.A
(Minor Exemptions) to include a change out of sign face as a
minor exemption; Supplementary Use Regulations, Section 5-
5007.D (Communication Tower) to include specific regulations
for antennae that are proposed for co-location on an existing
tower; Supplementary Use Regulations, Section 5-5007.D
(Communication Tower) to enable County officials to better
evaluate the visual impacts of towers prior to public hearings;
and Supplementary Use Regulations, Section 5-5007.D
(Communication Tower) to replace out-dated standards and put
the burden of proof on the applicant.
Ms. Walkup presented the Ordinance stating its purpose is to replace
outdated standards and place the burden of proof on the applicant.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor or in opposition.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND
Appendix B, Zoning, of the Isle of Wight County Code
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors also seeks
to allow flexibility in the administration of the ordinance regulations while
protecting the health, safety, and general welfare of present and future
residents and businesses of the County.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County
Code be amended as follows:
6-3006 Erection and Reconstruction of Buildings and Structures within
designated Historic Districts
A. Minor Exemptions
16
1. Repainting resulting in the same or substantially the
same color.
2. Replacement of windows, storm windows and doors
using the same materials, profile and sash configuration
as existing windows, storm windows, and doors.
Addition or deletion of window air conditioners.
3. Replacement of sign face which does not alter the size,
type, or placement of an existing sign structure and
does not significantly alter the character of the District.
4. Addition of deletion of television or radio antennas,
skylights, solar collectors, or satellite dishes in locations
not visible from a public street.
5. Planting of grass, trees, shrubs, but not including
landscaping treatment which substantially alters the
contour of a landmark site.
6. Permitted outside storage which is not visible from a
public street.
7. Any interior changes to a structure.
Notwithstanding the above, the Zoning Administrator shall
have the authority to order that work be stopped and that
appropriate application be filed for review in any case
where action may produce arresting effects, extreme
contrasts of materials or colors, intense colors or patterns,
or incongruous details inconsistent with the character of
the present structures or with the prevailing character of
the surrounding historic district.
5-5007.D Communication Tower (and Associated Substation)
3. Existing structures and towers
The placement of an antenna on or in an existing structure
such as a building, sign, light pole, water tank, or other
free-standing structure or existing tower or pole shall be
permitted so long as the addition of said antenna shall not
add more than twenty (20) feet in height to said structure
or tower and shall not require additional lighting pursuant
to Federal Aviation Administration (FAA) or other
applicable requirements.
17
Such permitted use also may include the placement of
additional buildings or other supporting equipment used in
connection with said antenna so long as such building or
equipment is placed within the existing structure or
property and is necessary for such use. The following
shall be required of any proposed antenna or "co-location":
a. All utilities required will be placed beneath the surface
of the ground.
b. Commercial wireless service co-locations shall not
include facilities for transmitting or receiving signals
by governmental agencies.
c. All co-locations must be in compliance with Federal
Communication Commission (FCC) standards for non-
ionizing electromagnetic emissions.
In addition, a non-ionizing electromagnetic radiation
(NIER) report shall be required for any proposed co-
location if an impact analysis for that co-location port was
not included within the NIER report submitted at the tower
approval stage.
9. Information required for conditional use permit
Each applicant requesting a conditional use permit under
this section shall submit a scaled plan and a scaled
elevation view and other supporting drawings,
calculations, and other documentation, signed and sealed
by appropriate licensed professionals, showing the location
and dimensions of all improvements, including
information concerning topography, radio frequency
coverage, tower height requirements, setbacks, drives,
parking, fencing, landscaping, and adjacent uses. The
county may required other information to be necessary to
assess compliance with this section. Additionally, the
applicant shall provide actual photographs of the site from
all geographic directions (North, South, East, and West)
and from any additional vantage point specified by the
Zoning Administrator, and erect a temporary structural
marker of fluorescent color, not less than ten feet in height
and 2 feet in diameter, to mark the base of the proposed
tower on the site.
The photographs shall contain a simulated photographic
image of the proposed tower and include the foreground,
the mid-ground, and the background of the site. The
structural marker shall be erected at the time of application
and removed within ten (10) days after the final public
18
hearing for the proposed conditional use permit request.
The objective of the photograph simulations and structural
marker shall be to provide a vertical representation of the
structure for survey of the visual impacts the tower will
have from significant highway corridors, residential
properties, and historic/significant areas.
In addition to the above required information, the
applicant shall also submit the following:
a. An engineering report from a qualified radio-
frequency engineer that is sealed and signed and
specifies the height above grade for all potential
mounting positions for co-location antennae and the
minimum required separation distances between
antennae to ensure no frequency interference.
b. An engineering report from a qualified structural
engineer that is sealed and signed, and supports the
proposed vertical design separation of antennae and
includes the following:
1. The tower height and design including cross-
section and elevation.
2. Structural mounting designs and materials list.
3. Certification that the proposed tower is
compatible for co-location with a minimum of
six (6) users (including the primary user) at the
heights proposed and specification on the type
of antennae that the tower can accommodate.
c. The applicant shall provide copies of its co-location
policy.
d. The applicant shall provide copies of propagation
maps demonstrating that antennas and sites for
possible co-locator antennae are no higher in
elevation than necessary.
e. The personal communications service carrier shall be
a co-applicant for all applications.
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.
19
Chairman Ivy called for a public hearing on the following:
L Ordinance to Amend and Reenact Section 11-6 of the Isle of
Wight County Code Pertaining to the Amount of Motor Vehicle
Licenses and Exemptions.
Interim County Attorney Burton certified that the Ordinance had been
properly advertised. He stated this will allow Deputy Sheriffs, State Police,
volunteer fire and rescue squad members and paid personnel for fire and
rescue within the Sheriff's Office to be exempt from paying the local license
tax on one (1) vehicle.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor of or in opposition to the
proposed Ordinance.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Wright moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND
CHAPTER 11. MOTOR VEHICLES AND TRAFFIC.
ARTICLE IL MOTOR VEHICLE LICENSES.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has determined that in order to reduce confusion among the
citizens of Isle of Wight County as to which motor vehicles are subject to
the Isle of Wight County motor vehicle license tax pursuant to Chapter ll,
Article II of the Isle of Wight County Code;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 11. Motor Vehicles and Traffic. Article II
of the Isle of Wight County Code be amended as follows:
Sec. 11-3. Required e~ nerally.
For each license tax year as hereinafter provided for, every resident of
the county who shall own a motor vehicle which is normally garaged, stored
or parked in the county shall pay a vehicle license tax on every such motor
vehicle as hereinafter provided for except as herein otherwise specifically
provided.
Every owner of a motor vehicle which comes subject to this article
between December 5 and December 4 of the following license tax year, shall
20
pay the license tax herein prescribed and otherwise comply with the
provisions of this article within thirty (30) days after becoming so subject.
If a town within Isle of Wight County imposes like fees and taxes on
vehicles of owners resident in the town, the owner of any vehicle subject to
the fees or taxes shall be entitled, on the owner's displaying evidence that he
has paid the fees or taxes, to receive credit on the fees or taxes imposed by
this county to the extent of the fees or taxes he has paid to the town.
Provided, however, not more than one license plate in addition to the state
plate shall be required.
Isle of Wight County may enter into compacts for the regional
enforcement of local motor vehicle license requirements to require the
owner or operator of any motor vehicle, trailer, or semitrailer to display on
his vehicle a valid local license issued by another county, city, or town that
is a party to the regional compact, provided that the owner or operator is
required by the jurisdiction of situs, as provided in Section 58.1-3511 of the
Code of Virginia (1950), as amended, to obtain and display such license.
Sec. 11-3.1 Exception.
Notwithstanding any other provisions of this Article II, a resident of
the county who owns a motor vehicle shall not be required to pay a license
tax if such motor vehicle is stored on private property for a period not in
excess of sixty (60) days, for the purpose of removing parts for the repair of
another vehicle. In addition, nothing in this Article II shall apply to any
vehicle being held or stored by or at the direction of any governmental
authority, to any vehicle owned by a member of the armed forces on active
duty, or to any vehicle regularly stored within a structure. For purposes of
this Section 11-3.1, the term "structure" shall have the same meaning as that
ascribed to it in accordance with the Isle of Wight County Zoning
Ordinance, as it may be amended from time to time.
Sec. 11-4. Tax Year.
The license tax year shall commence on the fifth (5~) day of December
of each year and shall expire on the fourth (4~) day of December of each
succeeding year. Every license tax shall become assessable on December Stn
of each and every license tax year and every license issued upon the
payment of the license tax thereon shall expire at the end of the license year
in which the same is issued. The license taxes prescribed herein shall be
paid for each license year not later than December 5~ of each and every such
license tax year.
Sec. 11-5. Applications; issuance.
Every owner of a motor vehicle subject to this article shall make
application for the license herein required to the County Treasurer at such
21
place or places as the Treasurer may designate, upon form prescribed by the
Treasurer, containing the name and address of the owner and description of
the motor vehicle to be licensed, and, upon such form shall appear the
registration number assigned to the motor vehicle licensed hereunder and to
the owner thereof. No motor vehicle subject to this article shall be locally
licensed by the county unless and until the applicant for such license shall
have produced satisfactory evidence to the Treasurer of the county that all
personal property taxes upon the motor vehicle to be licensed have been
paid and satisfactory evidence that any delinquent motor vehicle, trailer or
semitrailer personal property taxes owing have been paid which have been
properly assessed or are assessable against the applicant by the county.
Provided, further, that no motor vehicle license shall be issued unless the
tangible personal property taxes properly assessed or assessable by Isle of
Wight County on any tangible personal property used or usable as a
dwelling titled by the Department of Motor Vehicles owned by the taxpayer
have been paid. And, provided further, that if the situs for the vehicle is
within Isle of Wight County, all personal property taxes assessed by either
the county or the town on said vehicle must be paid before licensure of such
vehicle by either the county or the town.
Sec. 11-6. Amount of tax -Generally.
A license tax of Eighteen Dollars ($18.00) for each license tax year, as
hereinafter provided for, is hereby imposed on each and every motorcycle,
motor scooter, motorbike or other motor vehicle of like design or similar
thereto to which this article is applicable, and a license tax of Twenty
Dollars ($20.00) for each license tax year, as hereinafter provided for, is
hereby imposed on each and every other kind and type of motor vehicle to
which this article is applicable. A license tax of Ten Dollars ($10.00) for
each license year, as hereinafter provided for, is hereby imposed on the
following: each National Guard license plate with "NG" and each farm truck
license plate with an "F". Vehicles with "Farm Use" license plates are not
subject to a license fee.
Local licenses may be issued free of charge for any and all of the
following. (i) vehicles owned by volunteer rescue squads; (ii) vehicles
owned by volunteer fire departments; (iii) vehicles owned by active
members of volunteer rescue squads; (iv) vehicles owned by active members
of volunteer fire departments; (v) vehicles owned by auxiliary police
officers; (vi) vehicles owned by disabled veterans; and (vii) vehicles owned
by former prisoners of war. In the case of active members of volunteer
rescue squads, volunteer fire departments and auxiliary police officers,
applications for such licenses shall be accompanied by written evidence, in a
form acceptable to the Isle of Wight County Treasurer, of their active
membership, and no member shall be issued more than one such license free
of charge.
Sec. 11-7. Same -Proration; Refunds.
22
In no event shall an owner of a motor vehicle subject to this article be
entitled to proration or refund of the license tax.
Sec. 11-8. Same -Upon sale or transfer of licensed vehicle.
Any owner of a motor vehicle who sells or transfers a motor vehicle
subject to this article and simultaneously therewith acquires another motor
vehicle subject to this article in such owner's name shall, upon application
to the Treasurer on forms prescribed by the Treasurer containing the name
and address of the owner, the registration number of the license previously
issued for and a description of the motor vehicle for which such license had
been issued and the name and address of the owner and a description of the
motor vehicle so acquired to be licensed and the payment to the Treasurer of
a license tax as so set forth in Section 11-6 above, be issued another license
and registration number for each motor vehicle so acquired; provided, that
the motor vehicle for which such license and registration number are to be
issued and upon which the same are to be used shall be titled and registered
in the name of the owner to whom the license and registration number was
originally issued.
Sec. 11-9. Records.
The Isle of Wight County Treasurer shall keep a record of each license
tax paid, license issued, and registration number given, along with the name
and address of the owner of the motor vehicle to whom such license is
issued and a description of the motor vehicle for which such license is
issued.
Sec. 11-10. Enforcement of article eg nerally.
This article shall be enforced by the Sheriff, Deputy Sheriffs and all
police officers of the county and may also be enforced by the Virginia State
Police, all of whom are hereby authorized and empowered to issue the
summons or notice for violations of this article.
Sec. 11-ll. Arrests and warrants.
Whenever any person is arrested for a violation of any provision of
this article, the arresting officer shall take the name and address of such
person and the license number of his motor vehicle and issue a summons or
otherwise notify such person in writing to appear at a time and place to be
specified in such summons or notice, such time to be at least five (5) days
after such arrest unless the person arrested shall demand an earlier hearing.
Such arresting officer shall thereupon and upon the giving by such person of
his written promise to appear at such time and place forthwith release him
from custody. Any person refusing to give such written promise to appear
shall be taken immediately by the arresting officer before an officer
23
authorized to issue criminal warrants and admit to bail in the county. Such
authorized officer, if he has reasonable grounds upon which to believe that
the person arrested has violated any of the provisions of this article, shall
issue a warrant for such violation. The person arrested shall be released if
no warrant is issued or upon entering into a recognizance with surety or
giving his personal recognizance and depositing, or causing to be deposited,
in cash the amount of bail required to be furnished with such judicial officer.
Such judicial officer shall give an official receipt for funds so deposited.
Sec. 11-12. Certain unlawful acts enumerated.
It shall be unlawful for any person subject to this article:
(a) To operate a motor vehicle subject to this article upon the public
streets, highways and roads in the county, after December 5~ of each and
every license tax year, without first paying the license tax prescribed herein;
(b) To willfully violate any written promise, given in accordance
with this article to appear at the time, place and before the county designated
in any written summons or notice issued pursuant to and for any violation of
this article and which shall be in addition to and regardless of the disposition
of the charge upon which he was originally summoned; or
(c) To make and file a false application for a license or a false
affidavit.
Sec. 11-13. Late Payments; Collections; Penalties.
Any person failing to properly pay the license tax set forth herein shall
be subject to late payment penalties and/or a collection fee of Thirty Dollars
($30) as may be reasonably determined by the Isle of Wight County
Treasurer.
Any person violating any of the provisions of this article shall be
deemed guilty of a Class 4 misdemeanor (as defined by the Code of
Virginia), and, upon conviction thereof, shall be punished by fine not to
exceed Two Hundred Fifty Dollars ($250.00). A violation of this article
may be discharged by payment of a fine except upon presentation of
satisfactory evidence that the required license tax has been paid.
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 Ivy called for a public hearing on the following:
J. Ordinance to Require the Disposal of Solid Waste Collected or
Generated in the County at Facilities Designated by the County.
24
Interim County Attorney Burton certified that the Ordinance had been
properly advertised. He stated SPSA is requesting that the Board adopt this
and the following Ordinance which have come about as a result of legal
changes that have occurred in Federal law. He noted that SPSA
representatives are in attendance and will be glad to answer any questions
that the Board might have with respect to the ordinances.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
David Brandt of Norfolk presented correspondence on behalf of a
number of businesses in the community who are members of the Virginia
Waste Industry Association. He explained that today private waste haulers
have a choice as to which landfill to take trash. He stated if flow control is
approved, all trash will have to be delivered to SPSA at whatever price
SPSA stipulates. He stated a trash disposal monopoly such as SPSA is
insulated from competition and free markets. He stated today SPSA must
compete for the solid waste generated by the private sector, which forces
SPSA to keep its cost down. He stated that while flow control may enable
SPSA to reduce minimal tipping fees, it does not save money for the region.
He stated it only shifts the burden for funding waste disposal from one (1)
sector to another with no guarantees and controls on what the price on that
service will be. He stated each time SPSA runs further in debt, its solution
is to increase tipping fees. He requested that the Board seriously consider
the burdens to the region that flow control will impose and advise SPSA that
the path to fiscal responsibility is in containing cost.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved that the Board adopt the following Ordinance:
AN ORDINANCE TO REQUIRE THE DISPOSAL OF SOLID
WASTE COLLECTED OR GENERATED IN THE COUNTY
AT FACILITIES DESIGNATED BY THE COUNTY
BE IT ORDAINED by the Board of Supervisors of the County of Isle
of Wight, Virginia:
1. That the County of Isle of Wight, Virginia (the "County") has
found and determined and does hereby declare that:
(a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth,
Suffolk and Virginia Beach, and the counties of Isle of Wight and
Southampton have created the Southeastern Public Service Authority of
Virginia ("SPSA") pursuant to the Virginia Water and Waste Authorities
Act in order to carry out for their common good and the common good of
25
their citizens, the essential public service of providing for the management
and disposal of solid waste in a safe, economical, and environmentally
sound manner, which service is typically and traditionally a core function of
local government;
(b) SPSA has constructed and is operating an integrated solid
waste management and disposal system for the benefit of its members
including landfill operations, the production and burning of refuse-derived
fuel for energy recovery, recycling programs, and public environmental
education, which system has been recognized as a model of quality within
the solid waste industry and among local governments;
(c) The County, like each of the other cities and counties
which are members of SPSA, has contracted with SPSA for long-term waste
disposal services, for the payment of disposal fees in an amount sufficient to
provide for the financing and operation of the regional system, and to
provide for the delivery to SPSA of all or substantially all of the solid waste
generated or collected by or within the County, and the form of that contract
has been reviewed and declared by order of a Virginia Circuit Court to be
valid, binding, and enforceable in accordance with its terms;
(d) In reliance upon its contracts with the County and other
members and upon the delivery of the solid waste generated within the
member jurisdictions, SPSA has issued bonds in a substantial amount to
finance and construct facilities and has entered into contracts with third
parties to assure the safe and environmentally sound management and
disposal of the solid waste, all for the benefit of the County and other SPSA
members;
(e) SPSA has been designated and is acting on behalf of the
County and its other member jurisdictions to implement and operate
programs in order to meet levels of solid waste recycling required by the
laws of the Commonwealth of Virginia, and the common management and
control of the region's waste is critical to the success of those programs and
to the ability of the County to meet the requirements of Virginia law;
(f) The assurance of the continued supply of all or
substantially all of the solid waste generated within the County and the other
SPSA member localities is necessary for the successful fulfillment of
SPSA's public mission and is necessary to and in the best interest of the
County and its citizens, notwithstanding any anticompetitive effects;
(g) The County reaffirms its commitment to support and
participate in SPSA's operation of an integrated regional solid waste
disposal system to provide for the benefit of the County and its citizens a
safe, environmentally sound, reliable and economical program capable of
meeting long-term disposal needs, complying with state recycling
requirements and carrying out the public's desire for recycling services;
26
(h) It is both necessary and appropriate that the County
comply with the conditions and commitments of its existing contract with
SPSA to deliver or cause to be delivered to SPSA all or substantially all of
the solid waste generated or collected by or within the County;
(i) Other waste disposal facilities, including privately owned
facilities and regional facilities are (i) unavailable; (ii) inadequate; (iii)
unreliable; or (iv) not economically feasible, to meet the current and
anticipated needs of the County and its citizens for waste disposal capacity;
(j) This ordinance is necessary to ensure the availability of
adequate financing for the continuing construction, expansion or closing of
the County's facilities, including facilities owned and/or operated by SPSA,
of which the County is a member, and the costs incidental or related hereto,
and to provide to the County and other members of SPSA a convenient and
effective way to finance SPSA's integrated package of waste disposal
services;
(k) The adoption of an ordinance to require the disposal of
solid waste collected or generated within the County at facilities designated
by it is in the best interests of its citizens, and is necessary to the provision
of an essential public service;
(1) The power of the County to adopt this ordinance is granted
by Section 15.2-931 of the Virginia Code, and alternatively was and is
granted as an express or necessarily implied power under the Act,
specifically by Section 15.1-1269 of the Virginia Code and its successor
Section 15.2-5147; and
(m) The County, relying on and exercising the powers granted
to the County to contract for disposal of, and to designate in its discretion
disposal facilities for, all of the solid waste generated or collected by or
within the jurisdiction of the County or under the control of the County,
entered into is contract with SPSA for long-term disposal services, creating
contractual obligations that under Virginia law cannot be impaired by
subsequent action of the General Assembly; and
(n) The County affirms and reserves its power under the
Virginia Water and Waste Authorities Act to contract with SPSA for the
disposal of solid waste, and to grant to SPSA the right to dispose of all of the
solid waste generated or collected by or within the jurisdiction of the County
or under the control of the County, and the necessarily implied power to
adopt ordinances necessary to give effect to such power to contract, without
having to make specific findings after a public hearing.
2. There shall be added to the Isle of Wight County Code the
following:
27
Article VIII. Disposal of Solid Waste
Sec. 8-29. Disposal of Solid Waste collected or generated in the
Coun
(a) No person shall operate a private solid waste collection
business within the County without first obtaining a permit from the director
of public works or his designee.
(b) All solid waste generated or collected within the County
shall be disposed of only at the facilities of the Southeastern Public Service
Authority of Virginia or such facilities designated by the director of public
works or his designee.
(c) Subsection (b) shall not apply to:
(1) Solid waste generated, purchased or utilized by an
entity engaged in the business of manufacturing, mining, processing,
refining or conversion except for an entity engaged in the production of
energy or solid waste-derived fuels for sale to a person other than any entity
controlling, controlled by or under the same control as the manufacturer,
miner, processor, refiner or converter.
(2) Recyclable materials, which are those materials that
have been source-separated by any person or materials separated from solid
waste by any person for utilization in both cases as a raw material to be
manufactured into a product other than fuel or energy.
(3) Construction debris to be disposed of in a landfill.
(4) Waste oil.
(d) Subsection (b) shall not prevent or prohibit disposal of
solid waste at any facility which was issued a solid waste management
facility permit by an agency of the Commonwealth on or before July 1,
1991, or for which a Part A permit application for a new solid waste
management facility permit, including local governing body certification,
was submitted to the Virginia Department of Environmental Quality in
accordance with Section 10.1-1408.1 B of the Virginia Code on or before
December 31, 1991.
(e) It shall be unlawful for any person to dispose of solid
waste generated or collected within the County at any place other than those
designated pursuant to subsection (b). The director of general services or his
designee following a hearing may revoke a permit to operate a private solid
waste collection business obtained under subsection (a) for failure to comply
with this Section, and shall have the power to seek and obtain injunctive
28
relief from a court of competent jurisdiction to prevent violations of this
Section, without a showing of irreparable harm. Operating a private solid
waste collection business without a permit as required herein shall be a
misdemeanor, punishable by a fine of $500.00, with each day in violation
constituting a separate offense.
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 Ivy called for a public hearing on the following:
K. Ordinance to Amend and Reenact the Isle of Wight County Code
by Adding a New Article VIII, "Disposal of Solid Waste, " to
Chapter 8, Section 8-29, "Disposal of Solid Waste Collected or
Generated in the County".
Interim County Attorney Burton certified that the Ordinance had been
properly advertised. He stated these provisions are part of the first
ordinance and are the ones that will be put officially into the County Code.
He recommended that the Board adopt the Ordinance.
Chairman Ivy called for persons to speak in favor of or in opposition to
the application.
No one appeared and spoke in favor or in opposition to the proposed
Ordinance.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Clark moved that the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND AND REENACT THE
ISLE OF WIGHT COUNTY CODE BY ADDING A NEW ARTICLE VIII,
"DISPOSAL OF SOLID WASTE",
TO CHAPTER 8, SECTION 8-29 "DISPOSAL
OF SOLID WASTE COLLECTED OR GENERATED IN THE COUNTY"
WHEREAS, the Isle of Wight County Board of Supervisors is
concerned about the disposal of solid waste collected or generated in the
County.
And WHEREAS, the Isle of Wight County Board of Supervisors
believes that it is in the best interest of the citizens of the County to adopt a
flow control ordinance.
29
NOW THEREFORE BE IT RESOLVED, by the Isle of Wight County
Board of Supervisors that Chapter 8, Garbage, Weeds and Liter, be amended
and reenacted to read as follows:
Article VIII. Disposal of Solid Waste
Sec. 8-29. Disposal of Solid Waste collected or generated in the County.
(a) No person shall operate a private solid waste collection business
within the County without first obtaining a permit from the director of
public works or his designee.
(b) All solid waste generated or collected within the County shall be
disposed of only at the facilities of the Southeastern Public Service
Authority of Virginia or such facilities designated by the director of public
works or his designee.
(c) Subsection (b) shall not apply to:
(1) Solid waste generated, purchased or utilized by an entity
engaged in the business of manufacturing, mining, processing, refining or
conversion except for an entity engaged in the production of energy or solid
waste-derived fuels for sale to a person other than any entity controlling,
controlled by or under the same control as the manufacturer, miner,
processor, refiner or converter.
(2) Recyclable materials, which are those materials that have
been source-separated by any person or materials separated from solid waste
by any person for utilization in both cases as a raw material to be
manufactured into a product other than fuel or energy.
(3) Construction debris to be disposed of in a landfill.
(4) Waste oil.
(d) Subsection (b) shall not prevent or prohibit disposal of solid
waste at any facility which was issued a solid waste management facility
permit by an agency of the Commonwealth on or before July 1, 1991, or for
which a Part A permit application for a new solid waste management facility
permit, including local governing body certification, was submitted to the
Virginia Department of Environmental Quality in accordance with Section
10.1-1408.1 B of the Virginia Code on or before December 31, 1991.
(e) It shall be unlawful for any person to dispose of solid waste
generated or collected within the County at any place other than those
designated pursuant to subsection (b). The director of general services or
his designee following a hearing may revoke a permit to operate a private
solid waste collection business obtained under subsection (a) for failure to
30
comply with this Section, and shall have the power to seek and obtain
injunctive relief from a court of competent jurisdiction to prevent violations
of this Section, without a showing of irreparable harm. Operating a private
solid waste collection business without a permit as required herein shall be a
misdemeanor, punishable by a fine of $500.00, with each day in violation
constituting a separate offense.
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 Clark moved that the Board return to the regular order of
the agenda. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Supervisor Clark moved that the Board take a recess. 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 Ivy called for Board Comments.
Supervisor Clark commented on inaccurate comments in the
September 19, 2007 edition of The Smithfield Times regarding the Benn's
Grant project. He clarified that the Board did not spend $250,000 to assist
the developer in refining the road plans; that the Board had not hired
consultants to assist a developer in getting a project approved; and, that staff
meetings had been facilitated and not secret meetings between the developer
and certain appointed elected officials.
//
Chairman Ivy called for the County Attorney's report.
Interim County Attorney Burton advised that the changes requested by
the Board at its September 6, 2007 meeting have been incorporated into the
By-Laws of the Wetlands Board. He stated if the changes are acceptable, he
would recommend that the Board approve the By-Laws.
Supervisor Wright moved that the Board accept the By-Laws of the
Wetlands Board and that Chairman Ivy meet and discuss the By-Laws with
31
the Chair of the Wetlands 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.
Interim County Attorney advised that he had two (2) items for
discussion with the Board in Closed Meeting.
//
Chairman Ivy called for the Community Development report.
Ms. Walkup presented the Final Report of the Isle of Wight County
Task Force on Workforce Housing, which has been reviewed and
recommended by the Planning Commission with the condition that the
Workforce Housing Program be voluntary as opposed to mandatory. She
noted the next step is to implement the recommendations of the Workforce
Housing Report which include a number of changes in the Zoning
Ordinance which would create an affordable dwelling unit program; put into
effect waivers for fees; and, most importantly, put in place the steps
necessary to create the program. She advised that staff, in conjunction with
the Planning Commission, has developed an implementation plan, as
previously directed by the Board, which entails hiring a Housing Officer that
would begin to implement some of the recommendations that resulted from
the study. She noted that the Housing Officer would work to establish the
Workforce Housing Advisory Board, as well as to put into place the Zoning
Ordinance changes that would need to be made in order to make the bonus
densities work, as well as create the housing trust fund. She stated that
Block grants and Hazard Mitigation grants will be administered by the
Housing Officer who could also administer the HOME program and indoor
plumbing funds, currently under contract with the STOP organization. She
noted that the Housing Officer position can be shared with the Town of
Smithfield if the Board chooses. She stated the description of the position
has been forwarded to the Human Resources Department and the
preliminary budget has been forwarded to the Director of Budget and
Finance.
Chairman Ivy advised that he has contacted the Smithfield Town
Manager with the request that he present the matter to the Smithfield Town
Council to determine its willingness to share the cost of the Housing Officer
position.
Supervisor Wright advised that the Town of Windsor did not express
an interest in sharing the cost of the Housing Officer position with the
County.
Supervisor Clark requested County Administrator Caskey to contact
the Windsor Town Manager again concerning the Town's interest with
respect to cost sharing.
32
Supervisor Bradshaw moved the Board accept the Final Report of the
Isle of Wight County Task Force on Workforce Housing as presented. 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 further moved to accept the draft
implementation strategy with the condition that it be forwarded to the
Board's Finance Committee and the Director of Budget and Finance for an
evaluation of the fiscal impact and recommendation to the Board for its
approval of the financial impact. 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. Walkup presented the draft Mandatory Clustering Provisions for
Isle of Wight County, which have been reviewed by the Planning
Commission. She advised that the provisions apply the sliding scale
approach to the by-right clustering as mandated by the State. She advised
once the Board has considered the revisions, a public hearing will be
conducted by the Planning Commission.
Supervisor Bradshaw advised that Ms. Walkup and her staff are being
praised by certain VACo members for their work on this effort. He advised
that if the Board adopts the provisions, they will be used as a model
ordinance for the State. He noted that the County has excellent staff and the
above is reflective of their performance.
Supervisor Bradshaw moved that the Board approve the draft
Mandatory Clustering Provisions for Isle of Wight County, as presented by
staff and direct the Planning Commission to move forward with a public
hearing of the draft changes. 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 Ivy called for the Parks and Recreation report.
William L. Twine, Director of Parks and Recreation, addressed the
Board concerning the October 2006 Nor' easter that overwhelmed the storm
drainage system located in front of the County Museum. He stated initial
efforts involved pumping water from the inside of the Museum and removal
of the artifacts, which were then stored in various other locations. He stated
during that time, potentially dangerous substances were identified in the
Museum basement and removed; a temporary HVAC was installed; and,
bids were solicited for the architectural design work to reopen and improve
the Museum. He stated during the winter and early spring, staff was tasked
33
with developing a list of repair work and a wish list of changes and
additions, which were then submitted to a design firm. He stated the
redesigning work began in April of 2007 and the firm of Commonwealth
Architects was hired in conjunction with McPherson Design Group and
Roach Consulting Engineers to create and present an architectural and
engineering assessment, including a structural, mechanical, electrical and
plumbing assessment. He stated through the late spring and summer of
2007, renderings were reviewed and in August of 2007, the plans were
presented to the Executive Board of the Museum Foundation and to the
entire Foundation last evening for their input before presentation to the
Board this evening. He concluded his briefing stating that staff anticipates
having a plan that is 40% complete from the architects and engineers by the
end of September 2007; staff will review the plans in October; and, if
approved, the plans will be returned to Commonwealth Architects and a
completed plan will be returned to staff by the end of November 2007. He
stated if the County approves the plans, staff will be ready to go to bid by
late December 2007 or early January 2008; and, the bids for approval will be
sent to the Board by February 2008 with a construction contract in March
2008. He advised that reconstruction is anticipated to take approximately
nine (9) months, followed by sixty (60) to ninety (90) days to get the
displays, furnishing and staff moved back into the Museum. He advised that
the cost of reconstruction of the Museum is anticipated to be between
$574,000 and $694,000, the difference in the amounts being the result of an
assessment on the building roof to determine its condition.
Mr. Twine reported on the success of the recent Ag Fest, which was
attended by approximately 3,500 individuals. He advised that 25 vendors
and exhibitors were on-site.
//
Chairman Ivy called for the Emergency Services report.
Joseph Russell Chase, Emergency Management Coordinator, briefed
the Board on the Isle of Wight County hurricane exercise, which was held
on July 19, 2007 in order to review the response capabilities of the County
during the event of a hurricane event. He stated the exercise, coordinated by
the County's emergency management consultant, Howlett and Associates,
provided participants an opportunity to become familiar with the current
Emergency Operations Plan (EOP), which will be completed in 2008. He
stated the exercise focused on the response capability of the Emergency
Operations Center. He stated participants included members of the County
Administration Department; Sheriff's Department; Town of Smithfield;
Town of Windsor; American Red Cross; and, amateur HAM operators. He
stated recommendations from Howlett and Associates from this exercise
include establishing a planning procedure for the next operation; include a
back-up staff or second shift in training for EOC; develop forms to meet
EOC planning; and, maintain IT personnel as part of the EOC staff. He
34
advised that the consultant concluded that 1) exercise participants
completed all planned exercises and objectives; 2) participants identified
several recommendations and action items for use in the County's future
response to incidents; 3) the County can use the results of this exercise to
further improve the functional process involved in an EOC response for
future incidents; and, 4) that the County, when supported by all available
resources, is fully capable in planning for, responding to and recovering
from a significant incident.
Chairman Ivy moved that the Board accept the Report and directed
Mr. Chase to provide quarterly progress reports to the Board under the
Consent Agenda until all action items are complete. 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 recommended that Mr. Chase visit the various
civic organizations, ruritan clubs, school PTA meetings and churches.
Mr. Chase advised that he has already made certain contacts in an
attempt to inform citizens that he is available and willing to work with them.
Steven Andrew Aigner, Fire and EMS Coordinator, presented a
Resolution to Authorize the Submission of a Grant Application and to
Accept and Appropriate Grant Funds for Emergency Response Equipment
for the Board's consideration.
Supervisor Bradshaw moved the Board adopt the following
Resolution:
RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT
APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT
FUNDS FOR EMERGENCY RESPONSE EQUIPMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized submission of an application for grant funding from
the Virginia Department of Health, Office of Emergency Medical Services
Rescue Squad Assistance Fund; and,
WHEREAS, the projects identified in the grant application benefit
Emergency Medical Services in the County of Isle of Wight through the
purchase of computer equipment and an Advanced Life Support (ALS)
quick response vehicle; and
WHEREAS, grant funds in the amount of two hundred thirty-six
thousand dollars ($236,000) or so much as shall be received from the
Virginia Department of Emergency Medical Services needs to be accepted
35
and appropriated to the FY 2007-08 Operating Budget of the County of Isle
of Wight, Virginia; and
WHEREAS, funds in the amount of fifty-nine thousand dollars
($59,000) need to be appropriated from the Unappropriated Fund Balance of
the General Fund to the FY 2007-08 Operating Budget to fund the local cash
match.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that two
hundred thirty-six thousand dollars ($236,000) or so much as shall be
received be accepted and appropriated and that fifty-nine thousand dollars
($59,000) be appropriated from the unappropriated fund balance to the
appropriate line item in the FY 2007-08 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.
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.
Patrick J. Small, Assistant County Administrator, presented a
Resolution to Appropriate Funds from the Unappropriated Fund Balance for
an Emergency Services Vehicle for the Board's consideration.
Supervisor Clark moved the Board adopt the following Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR AN EMERGENCY
SERVICES VEHICLE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the purchase of an emergency services vehicle; and,
WHEREAS, funds in the amount of up to thirty thousand dollars
($30,000) need to be appropriated from the Unappropriated Fund Balance of
the General Fund to the FY 2007-08 Operating Budget of the County of Isle
of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that up to thirty thousand dollars
($30,000) from the Unappropriated Fund Balance of the General Fund be
appropriated to the FY 2007-08 Operating Budget of the County of Isle of
Wight, Virginia.
36
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
//
Chairman Ivy called for the County Administrator's report.
John Hadfield, Executive Director, Southeastern Public Service
Authority, presented a Resolution of the Board of Supervisors of Isle of
Wight County Approving the Proposed Issuance of Certain Revenue Bonds
by the Southeastern Public Service Authority of Virginia, A Portion of the
Proceeds of the Bonds to be Used to Finance or Refinance Facilities Located
in Isle of Wight County for the Board's consideration. He advised that the
bond will be a seven (7) year bond versus a twenty (20) year bond.
Supervisor Bradshaw inquired about the status of SPSA's finances.
Mr. Hadfield replied that the financial policies adopted by the SPSA
Board of Directors are being implemented at this time.
Chairman Ivy inquired if flow control is approved, will localities see
tipping fees reduced.
Mr. Hadfield replied tipping fees will most likely be reduced in
January 2009.
Supervisor Clark moved the Board adopt the following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COIUNTY APPROVING THE PROPOSED ISSUANCE OF
CERTAIN REVENUE BONDS BY THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY OF VIRGINIA, A PORTION OF THE
PROCEEDS OF THE BONDS TO BE USED TO FINANCE OR
REFINANCE FACILITIES LOCATED IN ISLE OF WIGHT
COUNTY
WHEREAS, the Southeastern Public Service Authority of Virginia
(the "Authority") anticipates making certain capital improvements and
intends to finance or refinance such capital improvements through the
issuance of one or more issues of revenue bonds in an aggregate principal
amount up to $31,500,000 (the "Tax-Exempt Bonds") which bonds will
37
finance or refinance the facilities described in Exhibit A, all or a portion of
which are or may be located within the County of Isle of Wight (the
"County") (the "Tax-Exempt Improvements");
WHEREAS, under the Internal Revenue Code of 1986, as amended,
prior to the issuance of the Tax-Exempt Bonds, the Authority must hold a
public hearing and receive governmental approval of the issuance of the
Tax-Exempt Bonds;
WHEREAS, such governmental approval can, by virtue of the location
of certain of the Tax-Exempt Improvements within the County, be given as
to such improvements by the County;
WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as
amended (the "Local Approval Provision"), requires that, if certain
authorities created pursuant to law in Virginia hold a public hearing in
accordance with federal law as a prerequisite to undertaking atax-exempt
financing, such authorities must receive approval for the financing from the
governing bodies of the localities in which the improvements to be financed
are to be located;
WHEREAS, the Authority is an authority subject to the Local
Approval Provision;
WHEREAS, on September 7, 2007, the Authority held a public
hearing (the "Hearing") regarding the issuance of the Tax-Exempt Bonds
pursuant to a notice of public hearing published twice, on August 25, 2007
and September 1, 2007, the last such date being not less than six days after
the second publication of such notice;
WHEREAS, the Authority has provided to the Board of Supervisors
the following. (i) a reasonably detailed summary of the comments, if any,
expressed at the Hearing; (ii) a fiscal impact statement concerning the Tax-
Exempt Bonds in the form specified in Section 15.2-4907 of the Code of
Virginia; and (iii) the Authority's request and recommendation that the
County Council approve the issuance of the Tax-Exempt Bonds;
WHEREAS, failure of the Board of Supervisors to adopt this
Resolution may result in the Authority's issuance of taxable debt to finance
the Tax-Exempt Improvements; and
WHEREAS, the Board of Supervisors has determined to approve the
issuance of the Tax-Exempt Bonds; now, therefore,
BE IT RESOLVED by the Board of Supervisors of the County of Isle
of Wight, as follows:
38
Section 1. The Board of Supervisors hereby approves the issuance by
the Authority of the Tax-Exempt Bonds.
Section 2. This Resolution shall take effect immediately.
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.
Joyelle Saunders, CASA Coordinator, reported on the swearing in of
six (6) new volunteers and two (2) interns. She advised that following the
training of new volunteers, which will occur next week, staff will be able to
accept new cases. She advised that she was recently appointed to the State
CASA Task Force for Confidentiality. She advised that Judges Brewbaker
and Harris have expressed an interest in expanding the program into
Franklin and Southampton County and staff has determined that there is a
need for such a program in those localities. She advised that following
Judge Brewbaker's contact with the government officials in those localities,
staff will initiate a meeting between those local government officials and the
Judges to discuss the program and facilitate a smooth transition into those
localities. She advised that the County has been awarded a $1,500 grant,
which will assist with the purchase of a lap-top computer and help develop a
website, which will assist with community outreach and volunteer
recruitment. She advised that staff is also working with regards to an
application for non-profit status, which will allow greater and more diverse
resources in the community, greater flexibility and allow staff to serve a
larger demographic in the other communities. She advised that Assistant
County Attorney Popovich will be assisting with the compilation of the
Articles of Incorporation and the By-Laws, as well as the filing of all
necessary forms to the State Commission and IRS. She advised that staff
will be returning to the Board with recommendations for a new name for the
CASA program and persons are currently being screened to serve on the
Board of Directors, whose primary function will be to set up policy and
fundraising efforts. She advised that the Fund Development Plan contained
in the Board's agenda does reflect support in the amount of $1.00 per capita
from the localities served by the program.
County Administrator Caskey presented a Resolution to Appropriate
Funds from the Unappropriated Fund Balance for Western Tidewater
Regional Jail for the Board's consideration.
Supervisor Wright moved the Board adopt the following Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR WESTERN TIDEWATER
REGIONAL JAIL
39
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved short term financial assistance to the Western
Tidewater Regional Jail; and,
WHEREAS, funds in the amount of thirty-one thousand dollars
($31,000) need to be appropriated from the Unappropriated Fund Balance of
the General Fund to the FY 2007-08 Operating Budget of the County of Isle
of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that thirty-one thousand dollars
($31,000) from the Unappropriated Fund Balance of the General Fund be
appropriated to the FY 2007-08 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 adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Clark reported that the Jail has been adversely affected by
the State's reclaiming of funds formerly received for the housing of Federal
inmates which, in turn, has caused the Jail's budget to be depleted to the
point that the Jail is now requiring regular local contributions from its
member jurisdictions. He stated that the other participating jurisdictions
need to also make their respective appropriations. He stated the financial
condition of the Jail is not the fault of the current or past Superintendent or
his staff. He reminded the Board that the former Jail Superintendent had
been advising the Board for the past two (2) years that this day was coming.
Supervisor Bradshaw moved that the Board direct staff to send a letter
to the other participating localities notifying them that the County has
adopted the above Resolution; that the Board requests those jurisdictions to
also provide funding due to the current financial situation of the Western
Tidewater Regional Jail Authority; and, that the County encourages the
other participating jurisdictions to create a reserve for the Jail. 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.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, offered to address any questions regarding the County's
2008 Legislative Priorities, as contained in the agenda.
40
Supervisor Clark requested that Mr. Robertson work with him in
regards to developing appropriate language to add statutory authority for
Judges to take certain cases under advisement to the Priority List and that it
be placed under the Board's Consent Agenda for consideration at its
October 4, 2007 meeting.
Supervisor Wright moved that staff be directed to develop a resolution
of support for the banning of plastic bags for the Board's consideration at its
October 4, 2007 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.
//
Chairman Ivy called for consideration of the Consent Agenda.
A. Fort Huger - Final Nomination Application for Virginia
Landmarks Register and National Register of Historic Places
B. Donation of Emergency Equipment to Fire Department
Resolution of Gift of Rescue Boats, Motors, Trailers and
Related Accessories to Each of the County's Volunteer
Fire Departments for Use in Providing Water Rescue
Services
C. Satellite Telephones
D. Centralized Tourism Event Calendar
E. Monthly Financial Reports for County and Schools
F. Delinquent Real Estate Tax Collection Monthly Report
G. August 16, 2007 Regular Meeting Minutes
Supervisor Wright moved that the Board adopt the Consent Agenda,
as presented 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 Ivy called for Appointments.
Chairman Ivy moved that the Board accept the resignation of Kelly
Barlow on the Events Committee. The motion was adopted by a vote of (5-
41
0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor
of the motion and no Supervisors voting against the motion.
Chairman Ivy moved that the Board appoint Debbi Gatti to serve on
the Events Committee representing the Smithfield District. 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 the Board reappoint Bryan Babb to serve
on the Purchase of Agricultural Conservation Easements. 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 the Board reappoint Pete Carr to serve on
the Purchase of Agricultural Conservation Easements. 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 Ivy called for Old Business.
There was no old business offered for discussion by the Board.
//
Chairman Ivy called for New Business.
Supervisor Wright advised that the County recently purchased
property from International Paper on which the Windsor Hunting Club has
hunted on since 1947. He advised that the Club currently consists of 20
members and pursuant to a request by the Club's Vice-President, the County
Attorney has prepared an appropriate License Agreement, which will allow
the Windsor Hunting Club to continue hunting on the property.
Supervisor Wright moved that the Board approve the License
Agreement with the Windsor Hunting Club and authorize the Chairman to
sign it 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.
Supervisor Bradshaw notified the Board of a new advisory on mercury
levels in the Blackwater River and its tributaries.
42
Supervisor Bradshaw moved to direct staff to review the recent
advisory and advise the Board relative to any impact to the County, to
include any recommendations that the Board may need to take. 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.
With respect to the Help America Vote Act, Supervisor Bradshaw
moved that the Board direct staff to review the new information that has
come out with respect to the Act and advise of any impact it will have on the
County, to include any recommendations to the Board with respect to
actions that should be taken. 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 Clark inquired about the status of the County's Proffer
Study.
Ms. Walkup responded that due to limited staff resources, she would
recommend that an update to the Proffer Study be contracted out.
Supervisor Clark moved that the Board direct staff to advise the Board
how to proceed in updating the Study, to include an escalation clause to
address inflation. 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 Clark commented that the present level of compensation to
Planning Commission member is not sufficient for the amount of time spent
by the Commissioners. He stated that the members attend subcommittee
meetings in addition to regularly scheduled meetings and they should be
compensated for that, as well.
Supervisor Clark moved that staff be directed to review and come back
with a recommendation of compensation for the Planning Commission
members. 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 Clark noted a conflict with his schedule and the Board's
December meeting date. He requested the Board select an alternative date.
County Administrator Caskey recalled that the Board's annual Retreat
has been set for December 3, 2007 at 4:00 p.m. at The Smithfield Center.
Supervisor Clark moved that the Board only hold one (1) regular
meeting in the month of December and that it be held at 4:00 p.m. on
December 13, 2007. The motion was adopted by a vote of (5 -0) with
43
Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the
motion and no Supervisors voting against the motion.
County Administrator Caskey advised the Board that staff would
develop appropriate resolutions relative to the Board's retreat being held on
December 3, 2007 at 4:00 p.m. at The Smithfield Center and that the Board
would be holding only one (1) regular meeting in December, 2007, which
will be on December 13, 2007 at 4:00 p.m.
Chairman Ivy moved that the Board, at least on a quarterly basis, be
provided a report depicting approved residential lots that have not been
developed. 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.
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to certain agreements; pursuant to Section 2.2-37ll.A.7 of the
Freedom of Information Act regarding consultation with legal counsel
requiring the provision of legal advice pertaining to actual litigation;
pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act
regarding consultation with legal counsel requiring the provision of legal
advice pertaining to the Western Tidewater Water Authority; and, pursuant
to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to Tyler's Beach.
Supervisor Wright moved that the Board enter the Closed Meeting for
the reasons stated by the Interim 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 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.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WI~REAS, 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,
44
WI~REAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
V(~TR
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS : 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
There was no action taken by the Board following the Closed Meeting.
//
At 10:50 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
Thomas R Ivy, Chairman
Carey Mills Storm, Clerk
45
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING; 0
There was no action taken by the Board following the Closed Meeting.
//
At 14:50 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
P
Carey ills torm, Clerk
r
Thomas R. I ,Chairman
ti ~