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05-15-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr. (Vice-Chairman) Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk th Chairman Clark formally introduced Alex Harp, a 10 grade student at Windsor Middle School, who called the meeting to order at 6:00 p.m. and delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney?s Report, add a proposed contract with Daggett & Grigg Architects, PC for the New Animal Control Shelter and authorize the transfer of $8,000 from capital contingency; under the County Administrator?s report, add a Resolution to Appropriate Funds from the Unappropriated Fund Balance of the E911 Fund for an Emergency Communication System and authorize the Chairman to sign the contract pending review by the County Attorney; under the County Administrator?s report, add authorization of a transfer of $2,000 from the Contingency Line Item for a donation to the regional burn building; under the County Attorney?s report, add a proposed contract with Davenport & Company for financial advisory services; under the County Attorney?s report, add an amendment to the contract with Bailey Enterprises, Inc. regarding the agreement for water connections in Section 4 of the Smithfield Heights subdivision dated June 5, 2003; under the County Attorney?s report, add two (2) Closed Meeting items; add a presentation from the Isle of Wight Rescue Squad under Special Presentations, per the request of Supervisor Wright; add a report from the Finance Committee under Old Business, per the request of Supervisor Bradshaw; and, add the introduction of Mathew J. Smolnik, a new Planner within the Department of Planning and Zoning, under Special Presentations, per the request of Chairman Clark. 1 Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations/Appearances. Chairman Clark formally presented a Resolution of Appreciation to Art Collins, which had been officially adopted by the Board at its May 1, 2008 meeting. Supervisor Bradshaw formally recognized Mrs. Diana Baise and moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF DIANNA BAISE WHEREAS,Dianna Baisehas served the community with dedicated service to the Isle of Wight County Fair for fourteen years; and, WHEREAS,during this time has performed a variety of roles including Logistics Co-Chair and supporting many other aspects of the needs of Fair when needed. WHEREAS,it should also be noted that Mrs. Baise?s efforts were also supported by her family and children, who also gave many hours of their time. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of the gracious and dedicated service of Dianna Baise. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw formally recognized Mr. Tom Baise and moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE EFFORTS OF TOM BAISE 2 WHEREAS, Tom Baise has served the community with dedicated service to the Isle of Wight County Fair for fourteen years; and, WHEREAS, during this time has performed a variety of roles including Logistics and holding the position of Chairman of the Fair Committee. WHEREAS, it should also be noted that Mr. Baise?s efforts were also supported by his family and children, who also gave many hours of their time by supporting their father?s commitment. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of the dedicated service and leadership of Mr. Baise. BE IT FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Steve Steward, Publisher of The Tidewater News, representing the Isle of Wight/Smithfield/Windsor Chamber of Commerce, the Smithfield Historic Business Association, Franklin/Southampton Chamber of Commerce and the Downtown Franklin Association, requested the Board?s support of a resolution which would declare Saturday, May 24, 2008 as ?Stimulate our Economy Day.? He advised that approximately $7 million will come into local households in the form of economic stimulus payments and the President of the United States and the Congress have indicated that they would like for this money to be spent with the mission of stimulating this tough economy and that he would recommend that the money be spent specifically with the businesses in Isle of Wight and Southampton Counties and the City of Franklin. He advised that studies indicate that a dollar spent locally will turn over from seven (7) to fifteen (15) times before it leaves the economy. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION IN SUPPORT OF THE ?LET?S STIMULATE OUR ECONOMY? PUBLIC-SERVICE CAMPAIGN WHEREAS, the United States Congress has authorized the appropriation of more than $7 million in economic stimulus payments to households in the City of Franklin and the Counties of Isle of Wight and Southampton; and, 3 WHEREAS, the Isle of Wight-Smithfield-Windsor Chamber of Commerce, the Franklin-Southampton Area Chamber of Commerce, the Smithfield Historic District Business Association, and The Tidewater News have created and co-sponsored the ?Let?s Stimulate OUR Economy? public service campaign in an effort to encourage local citizens to spend their economic stimulus payments in the local community; and, WHEREAS, each $1 spent in the local community generates $5 to $14 in value as it is passed from one consumer or business to the next. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports and endorses the ?Let?s Stimulate OUR Economy? public service campaign. BE IT FURTHER RESOLVED that May 24, 2008 is hereby designated as ?Stimulate Our Economy Day? in Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Beverly H. Walkup, Director of Planning and Zoning, formally introduced Mathew J. Smolnik, a new Planner within the Department of Planning and Zoning. Brian Carroll, Isle of Wight Volunteer Rescue Squad, provided the following response to concerns voiced by Supervisor Wright regarding certain comments that were contained and circulated in an Isle of Wight Volunteer Rescue Squad (IOWRS) fund-drive letter that were perceived as negative about the County: The IOWRS has to raise funds in order to operate because the County does not fund its budget completely; that the funds do go into the General Fund and that the County did previously release a press release to clarify that the County volunteer organizations do not bill for their services and that the County bills for its services; and, that IOWRS designates the County as its billing agent and understands that some of these funds come back to the County and that all overages received above expenditures of the organization come back to the organization. He advised that the purpose the fund-drive letter is to let individuals know that the IOWRS still needs to maintain and raise funds even though the County allocates a considerable amount of funding. He pointed out that the IOWRS has never requested additional funding from the County other than in 1994 when the organization experienced a tremendous increase in call volume due to the implementation of E-911. He stated that the IOWRS accepts the annual County contribution of $120,000 towards its $280,000 Operating Budget. He stated that the IOWRS placed a new ambulance in service in 2007 and is aware of only $85,000 being allocated to that organization this year. He advised that the base price of the new ambulance is $138,000, 4 exclusive of paint, lettering, radio and equipping, which will cost an additional $25,000 and does not include the $80,000 it takes to stock an ambulance if it had to be stocked from scratch. He advised that most of the usable equipment will be removed from an ambulance to be taken out of service and moved over to the new ambulance. He stated that the implementation of billing began in 2004 and in 2005, the IOWRS collected donations in the amount of $133,000; in 2006, $81,900 was collected; in 2007, donations declined to $65,300; and, the IOWRS continues to see a decrease in donations today. He stated it was through no intent of the organization to spite the County in the fund-drive letter. Following discussion about the fact that it is the Fire and Rescue Association?s responsibility to advise the Board about the financial needs of the various organizations for inclusion in the County?s CIP, Mr. Carroll responded that until last year, the Fire and Rescue Association operated under a $500,000 cap, which was divided up amongst the various organizations and of which the IOWRS received $85,000. Chairman Clark offered to attend the next meeting of the Fire and Rescue Association. // Chairman Clark called for Regional reports. Chairman Clark advised that Supervisor Casteen would be attending the next Coalition of High Growth Communities meeting during the annual VACo Conference. Chairman Clark advised that staff would be attending the next meeting of the Hampton Roads Planning District Commission next week on his behalf. Supervisor Wright reported that the members of the Joint Tourism Committee have been very active and have developed some good ideas. Supervisor Wright reported that a new Western Tidewater Regional Jail Superintendent has been hired and that he would be addressing the Hampton Roads Military and Federal Facilities Alliance with respect to dredging matters. Supervisor Bradshaw reported that he would be attending the VACo Resolutions and Conference Committee meetings tomorrow. Relative to the South Hampton Roads Resource Conservation and Development Council, Supervisor Casteen reported that the WISP project is underway and that the bee keepers meeting had received an overwhelming response. 5 // Chairman Clark called for Transportation Matters. Mac Neblett, VDOT Residency Administrator, advised that the size of the pipe to be installed under Route 460 has been determined; however, additional right-of-way needs to be obtained on the north side to accommodate a portion of that pipe. He further advised that VDOT will begin work on the additional striping at Zuni Circle. He advised that work to bury pipe lower than the existing ditch to bring the water down James Way toward Lawnes Creek along the Route 10 drainage ditch system will be initiated following the completion of the Route 460 project. Supervisor Brown advised that excavation needs to occur upstream from Lawnes Creek in order to create a defined ditch depth. Supervisor Casteen commended Supervisor Bradshaw?s efforts to have the flooding alleviated on the Route 460 evacuation route. Supervisor Bradshaw inquired about the status of the Blackwater Bridge. Mr. Neblett advised that the project has been awarded to English Construction Company and it is anticipated to commence following Memorial Day. Supervisor Bradshaw requested that Mac Neblett contact Joe Goodson, Lee?s Mill Road, regarding the flooding of the ditches and the culverts that have collapsed. Supervisor Casteen requested that the dedicated right-turn lane on Main Street be doubled to alleviate backup of vehicles during construction. Chairman Clark requested that Mr. Neblett investigate and report back on the status of Ms. Johnson?s request that the left turn lane on northbound Route 17 at Bartlett be expanded. Mr. Neblett advised that VDOT was hopeful that the intersection would be re-worked during the Crossings development. Chairman Clark requested that VDOT not wait on the Crossing development before addressing Ms. Johnson?s request. Supervisor Bradshaw requested the status of the abandonment of Piney Grove Street. 6 Mr. Neblett advised that the abandonment has been advertised in The Tidewater News and that he would keep him apprised of any new developments. Ken Hildebrand, 22209 Hanes Lane, requested that the double no passing zone on Vellines Lane be extended 150 feet through the curve to prevent accidents at that location. Richard Castle, 23261 Vellines Lane, requested that the turning lane on King?s Cove Way be extended. He further requested the status of the pipe underneath Route 17 to address drainage problems. Mr. Neblett advised that while studies have been conducted, no final decision has been reached. He noted it is a matter of funding whether or not VDOT will be able to address this concern. // Chairman Clark called for Citizens Comments. Wayne Melcore notified the Board of his support for the proposed changes to the Family Subdivision Ordinance. Jennifer Stanton, 7450 Barton?s Landing, introduced herself to the Board and advised that she is running for Commonwealth?s Attorney. She advised that she could ease the County?s burden if elected because a function of that office is to pursue forfeitures in criminal matters. She noted through a sharing agreement, any monies from forfeitures can go to alleviate funding for local law enforcement agencies or fire and rescue organizations. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton presented a Deed of Gift from International Paper Company and recommended that the Chairman be authorized to execute it on behalf of the Board. Supervisor Bradshaw moved that the Chairman be authorized to execute the Deed on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested that the proposed Resolution to Include Board of Supervisors Members in County Fringe Benefits be discussed later following the public hearings as he anticipates that this matter will take some time to discuss. 7 Supervisor Bradshaw moved that discussion and consideration of the Resolution be moved to Old Business. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Deed from Attorney Riddick for the County to convey the 2.5 acres on James and Washington Streets to the Town of Smithfield. He recommended that the Chairman be authorized to approve the conveyance and he advised that he had a resolution for the Board to adopt to that effect. Supervisor Casteen moved that the Board authorize the Chairman to approve the conveyance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Noting that he had not had an opportunity to read the resolution prepared by Interim County Attorney Burton, Supervisor Bradshaw moved to rescind the above motion and that this item be moved to Old Business to allow the Board time to read the proposed Resolution. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton noted that the following items have been advertised by his office for public hearing later in the meeting: . Ordinance to Amend and Reenact the Isle of Wight County Code, Chapter 15. Taxation. Article V. Correction of Assessments and Refunds. Section 15-20. Same-Refund to be with Interest; . Ordinance to Set the Salaries for the Chairman and Members of the Board of Supervisors, Pursuant to the Code of Virginia, Section 15.2-1414.3; . An Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year 2008-2009; . An Ordinance to Set and Impose Tax Levies for Fiscal Year July 1, 2008 to June 30, 2009; . An Ordinance Implementing Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar year 2008. Interim County Attorney Burton advised that he had two (2) items to discuss with the Board later during the Closed Meeting. 8 Interim County Attorney Burton presented a contract with Daggett & Grigg Architects, PC for the new Animal Control Shelter for the Board?s consideration. He advised that $8,000 needs to be transferred from the Capital Contingency. Supervisor Wright moved that the contract with Daggett & Griff Architects, PC be approved and the Chairman execute it on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark moved to authorize the transfer of $8,000 from capital contingency. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a contract with Davenport & Company for Financial Advisory Services for the Board?s consideration. Supervisor Bradshaw moved that the Chairman be authorized to sign the contract on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a contract amendment with Bailey Enterprises, Inc. regarding the agreement for water connections in Section 4 of the Smithfield Heights Subdivision dated June 5, 2003 for the Board?s consideration. Chairman Clark moved that the Board approve the amendment to the contract. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // At 7:00 p.m., 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for a public hearing on the following: The application of JWL Investments, LLC, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to 9 Conditional-Rural Residential (C-RR) of approximately 5.63 acres of land located on the east side of Old Stage Highway (Route 10), north of the intersection of River Oaks Lane and Old Stage Highway, in the Hardy Election District. The purpose of the application is for one (1) single-family residential lot, as conditioned. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the application. William Riddick, Attorney representing the applicant, advised that the applicant desires to create a one (1) lot subdivision, approximately five (5) acres in size. He advised that there was a violation for clearing and the applicant has been pro-active in mediating the problem. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the application be approved, as conditioned. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: An Ordinance to amend the Chesapeake Bay Preservation Area Ordinance, specifically, to add Article 6, entitled, ?Septic Pump-Out Program.? The program generally will require that private, on-site septic systems are pumped at least once every five (5) years. The program will affect properties located in the Chesapeake Bay watershed, which includes parts of the Carrsville, Hardy, Newport, Smithfield and Windsor Election Districts, excluding the Towns of Smithfield and Windsor. Kim Hummel, Department of Planning and Zoning, briefed the Board on the Septic System Pump-Out Program, as mandated under the Chesapeake Bay Program. She stated that it is inevitable that there will be individuals who can not afford the cost of a pump out and staff is looking at ways to address that issue, to include the identification of grant funds. She advised that staff is also working closely with the Health Department and the Subcommittee on Septic Pump Out and recommends that the Subcommittee be allowed to continue. Chairman Clark called for persons to speak in favor of or in opposition to the proposed Ordinance amendment. Mr. Cassel of 23261 Vellines Lane stated that septic tanks are self perpetuating, if operated properly. He stated that gallon and a half flush toilets which were mandated in 1996 when he built his home do not flush 10 effectively. He stated that he could not believe that the government is concerned with an individual?s septic tank when it is allowing the dumping of biosolids on fields. Chairman Clark closed the public hearings and called for comments from the Board. Beverly H. Walkup, Director of Planning and Zoning, advised the Board on the anticipated cost to the County to run the program, noting that there are funds available that were budgeted this current year for mailings. She further advised that the remaining involves staff?s time. Supervisor Bradshaw requested that the cost of the program be tracked. Responsive to Supervisor Brown?s concern that there might be unethical dealings with inspectors, Ms. Hummel advised that there is a list of currently permitted septic pump-out haulers for this area. She advised that the inspection requirement has been deleted and approximately 80% of households throughout the County use on-sight septic systems. Supervisor Wright commented that he would like to see documentation that septic tanks in the County, which will be affected by the implementation of the proposed ordinance, will have a negative impact on the Chesapeake Bay. Chairman Clark noted that the County is not prepared at this time to provide any financial assistance with pump outs. Ms. Walkup advised that staff has applied for grant funds and a survey will be sent out requesting household income and size so that staff can assess how many homes will qualify for financial assistance. Supervisor Bradshaw expressed concern with the $5,000 penalty included in the Ordinance. Ms. Walkup advised that staff will be doing a public campaign and, if citizens view this as a problem, they will voice their concern. She noted that in addition to community meetings, the program will be advertised on the County?s website, as well as a segment included in ?The County Beat.? Chairman Clark moved that the following Ordinance be adopted as drafted and presented: ANORDINANCETOAMENDANDREENACTTHE ISLEOFWIGHTCOUNTYCODE APPENDIXB-1.CHESAPEAKEBAYPRESERVATIONAREA ORDINANCE. 11 BYADDINGANEWARTICLE, ARTICLE6.SEPTICPUMP-OUTPROGRAM. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, is committed to ensuring the protection of the environment for the benefit of its citizens; and WHEREAS, the Board of Supervisors enacted the Isle of Wight County Chesapeake Bay Preservation Area Ordinance in accordance with Section 10.1-2100 et seq. of the Code of Virginia (1950, as amended) (the ?CBPA); and WHEREAS, Section 4000(B)(7) of the CBPA requires regular maintenance for private, on-site Septic Pump-Outs; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B-1. Chesapeake Bay Preservation Area Ordinance is hereby amended and reenacted to include the following: Article 4. Performance Standards and Development Criteria Section 4000. General Performance Standards B. General Performance Standards for Development and Redevelopment in the Chesapeake Bay Preservation Area. 7. All on-site sewage disposal systems not requiring a Virginia Pollution Discharge Elimination System (VPDES) permit shall be pumped out at least once every five years. As an alternative to the pump-out every five years, there shall be the option of having a septic effluent filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Such a filter should satisfy standards established in the Sewage Handling and Disposal Regulations (12 VAC 5-610) administered by the Department of Health. Septic treatment systems equipped with an effluent filter would require pump-outs under this program only once every seven years. Article 6. Septic Pump-Out Program. Section 6000. Purpose and Findings. The purpose of the Septic Pump-Out Program is to protect public health, safety, and welfare through ensuring the proper functioning of on-site 12 sewage disposal systems. The Septic Pump-Out Program also is intended to protect water quality within the Chesapeake Bay watershed, and is required to meet state and local Chesapeake Bay Preservation Area regulations. Findings made by Isle of Wight County include the following: 1)Individual and group on-site sewage treatment systems continue to be heavily relied upon throughout most parts of the County, including properties located within the Chesapeake Bay watershed. 2)Septic systems require proper management and maintenance in order to continue working as intended. Solids will accumulate over time and require pumping out. 3)Septic systems that are improperly installed or maintained are subject to clogging and/or overflow. A malfunctioning system may cause contaminants to rise to the surface, pollute ground or surface water, create foul odors, and otherwise threaten public health, safety, and welfare. 4)Most experts recommend that on-site sewage treatment systems be inspected and pumped out as necessary every three to five years, according to the U.S. Environmental Protection Agency. 5)Septic systems that are properly maintained are less likely to cause pollution. Routine maintenance can help avoid the costs of emergency replacement and/or major repairs caused by neglect. Section 6001. Authority. This program is authorized by the Commonwealth of Virginia, pursuant to 9 VAC 10-20-120.7 and Section 4000(B)(7) of the Isle of Wight County Chesapeake Bay Preservation Area Ordinance. Section 6002. Severability. If any section, paragraph, subdivision, clause, phrase, or provision of this Article shall be held as invalid or unconstitutional, such a ruling shall not affect the validity of the remainder of this Article. Section 6003. Effective Date. This program shall go into effect on August 1, 2008. Section 6004. Applicability. The purpose of the Septic Pump-Out Program is to encourage proper maintenance and increase the functional life of on-site septic systems 13 through regular pump-outs at least once every five (5) years. The program applies to those properties located in the Chesapeake Bay watershed in Isle of Wight County, Virginia that are served by private, on-site sewage treatment and disposal systems. Please see special language located elsewhere in this document regarding septic systems equipped with septic tank effluent filters. A. No property owner located within the Chesapeake Bay watershed of Isle of Wight County, Virginia shall operate an on-site sewage treatment system unless such construction, installation, alteration, maintenance or operation is in compliance with all applicable sanitary regulations and this program. B.Septic tank pump-outs as prescribed in this article shall take place at least once every five (5) years, other than as noted in Item C. C.On-site septic systems that have been equipped with a septic tank effluent filter are required to have pump-outs only once every seven (7) years to comply with Isle of Wight County regulations. Please note that manufacturer recommendations may call for more frequent inspection and/or pump-out for systems equipped with effluent filters. Section 6005. Exemptions. Situations exempt from the septic pump-out requirement include any inactive or abandoned on-site septic system. To qualify for exemption, property owners must provide the County with appropriate, written verification. This could include a statement or other evidence acceptable to the County. The statement or evidence must show the old septic system has been pumped out and destroyed, either with the tank being crushed in and backfilled in place or the tank filled with clean sand. There is no permit required to abandon a septic tank system. Section 6006. Definitions. AOSE:An abbreviation for Authorized Onsite Soil Evaluator, an individual certified by the Virginia Department of Health. An AOSE is someone who has demonstrated knowledge, skills, and abilities in the practice of siting and designing on-site septic systems. An AOSE may be from the private sector or be employed by the Virginia Department of Health. Authorized Inspector: This may include a licensed professional engineer, an Authorized Onsite Soil Evaluator, or a person hired or contracted by the County or State to inspect on-site septic systems. Chesapeake Bay Preservation Area (CBPA): Any land designated by the Board of Supervisors pursuant to Part III of the Chesapeake Bay 14 Preservation Area Designation and Management Regulations, 9 VAC 10-20 et seq., and Section 10.1-2107 of the Code of Virginia (1950, as amended). The Chesapeake Bay watershed covers half of Isle of Wight County, Virginia and generally includes all parcels to the east of Route 258. A map that precisely shows the extent of the watershed is available in the Department of Planning and Zoning. County: Isle of Wight County, Virginia. Malfunctioning system: Any septic system that is overflowing, clogged, or otherwise creating a threat to the public health, safety and general welfare, as regulated by the Virginia Department of Health. Includes any on-site system that is not performing as specified, as determined by an authorized inspector. Septic Effluent Filter: A plastic device installed on the outflow pipe from the septic tank. The device filters solid material from the effluent while sustaining adequate flow to the drainfield. The outflow filter must meet standards set by the Sewage Handling and Disposal Regulations (12 VAC 5- 610-10 et seq.) administered by the Virginia Department of Health. Septic System: Any private on-site sewage treatment and disposal system not requiring a VPDES permit. Septic System, Active:Any on-site septic system contained within the Chesapeake Bay watershed that is currently in use for any affected property. Septic System, Inactive: Any on-site septic system that has been abandoned or is no longer in service. The functional status of any given system must be documented by the Virginia Department of Health or any licensed sewage handler. Sewage handler: Any person, contractor or corporation allowed to operate under a permit issued by the Virginia Department of Health to pump-out sewage treatment systems. Violator: Any person who: (1) violates any provision of this program or (2) violates or fails, neglects, or refuses to obey any Board of Supervisors? or the Zoning Administrator?s final notice, order, rule, regulation, or variance or permit condition authorized under this program. Zoning Administrator: The person, or authorized designee, responsible for administering and enforcing the Septic Pump-Out Program. Section 6007. Administration. A. General Procedures: 15 Septic systems located within the Chesapeake Bay watershed must be pumped out at least once every five (5) years, except as noted under Item F. for systems equipped with a septic tank effluent filter. Property owners are responsible for the costs of pump-outs. The Zoning Administrator is responsible for the general administration and enforcement of the Septic Pump-Out Program. To support the Septic Pump-Out Program, the County will create and maintain a database to document all affected septic systems and to serve as a tracking mechanism. The database will be organized according to Tax Parcel ID number. The database will contain the following information: name of property owner, mailing address, physical address, and last date of septic system pump-out. Affected property owners will be required to register their septic systems with the Department of Planning and Zoning. This includes both existing and new septic systems. The County will notify property owners and provide the forms that need to be filled out to comply with the Septic Pump-Out Program. The Department of Planning and Zoning will administer the program through a combination of public education, mailings, and information posted on the Isle of Wight County Internet web site. Activities to be undertaken by the County will include the following: Notification to affected property owners. ? Mailings of the program Verification and Compliance Forms (once ? every five years). Other homeowner education and outreach as deemed appropriate. ? B. Program Phase-In: The Septic Pump-Out Program will be phased in over a period of five (5) years. The phasing in will be done by election district, with one election district added per year. The County?s five election districts include the Carrsville, Hardy, Newport, Smithfield, and Windsor districts. The phase-in will start with the Smithfield Election District and then continue by alphabetical order to the Windsor Election District, Carrsville Election District, Hardy Election District, and the Newport Election District. The program starts first with the Smithfield Election District to coordinate with the Town of Smithfield, which also is implementing a septic pump-out program. The Smithfield Election District includes the Town of Smithfield and parts of the County outside of Town limits. C. Right of Entry: 16 The Zoning Administrator, or authorized designee, shall have the right to enter property where an individual or group septic system is located for the purpose of observation, inspection, monitoring and/or sampling the septic system, its drainfield and the surrounding land area. D. Role of Property Owner with Septic System: Property owners with septic systems located within the Chesapeake Bay watershed must participate in the Septic Pump-Out Program. This includes filling out, signing and submitting forms as required by the County. Property owners are in compliance with the Septic Pump-Out program when: 1) They have filled out, signed and submitted the septic system verification forms as required by the County; and 2) they have had septic system pump-outs as required by the County. This program will be carried out in stages, by election district, with the affected property owners notified each year by the County. In any given year, those property owners who have been notified by the County will have 24 months from the date of notification to have pump-outs completed or to demonstrate why they are exempt from the program. Property owners who fail to provide information to the County when requested may be subject to civil penalties and/or court-ordered fines. E. Complaints and Appeals: Written complaints about the Septic Pump-Out Program should first be directed to the Zoning Administrator, who can investigate and determine whether a complaint is valid. Any person or persons who continue to feel aggrieved by this program, or any decisions made by the Zoning Administrator, may appeal those decisions, in writing, to the Board of Supervisors. Appeals to the Board of Supervisors must be made within 30 days of the date of the written decision by the Zoning Administrator, or such decision shall be final. Any decision by the Board of Supervisors regarding the Septic Pump-Out Program may be appealed by petitioning the Circuit Court of Isle of Wight County within 30 days after the final decision of the Board of Supervisors, or such decision shall be final. F. Septic Tank Effluent Filters: The Septic Pump-Out Program allows the installation of septic tank effluent filters on all new on-site septic systems and as a retrofit on all existing septic systems, where appropriate. The Virginia Department of Health has advised that some types of septic treatment systems do not have septic tanks and are not designed to include septic effluent filters (some aerobic sewage 17 treatment units, for example, are not appropriate for installation of these effluent filters). Under the Septic Pump-Out Program, the required pump-out period for septic tanks equipped with effluent filters is once every seven (7) years instead of once every five (5) years. Please be aware that manufacturer specifications for effluent filters may require more frequent pump-outs to maintain proper functioning of the effluent filter. The County strongly recommends that septic tank effluent filters be installed by septic tank contractors and in accordance with standards set by the Virginia Department of Health. Section 6008. Enforcement, Violations and Penalties. A. Enforcement: The Zoning Administrator, or authorized designee, holds the primary responsibility for administering the Septic Pump-Out Program. The Zoning Administrator shall seek criminal or civil enforcement for any provision of this program and take any action on behalf of the County to prevent or abate any violation or potential violation of this program. The Zoning Administrator, upon written request of an interested person whose property may be affected, shall render a decision, based on the facts presented, as to the applicability of this ordinance to particular situations that may arise under the Septic Pump-Out Program. See Section 6007.E. regarding complaints and appeals. B. Penalties: Violators shall, upon finding by an appropriate circuit court, be assessed a penalty up to five thousand dollars ($5,000.00) for each day of violation. As an alternative to a court-ordered penalty, violators may be offered the option of a onetime payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation, as determined by the Isle of Wight County Board of Supervisors. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that staff be directed to bring back scientific evidence that the County is polluting the Chesapeake Bay through septic tank systems and that staff be directed to report to the Board as violators are found. The motion was adopted by a vote of (5-0) with Supervisors 18 Bradshaw, Brown, Casteen,Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that staff be directed to develop a plan to assist individuals who are on fixed incomes or who can not afford to pay the financial burdens due to theSeptic Pump-out Program and bring it back to the Board for consideration. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Planning Commission Subcommittee for the Septic Pump-out Program be authorized to continue working with staff on the program development and implementation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: C. An Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year July 1, 2008 to June 30, 2009 Interim County Attorney Burton certified that the Ordinance had been properly advertised. He recommended that the Board adopt the Ordinance. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following Ordinance be adopted: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009 ADOPTED THIS 15th DAY OF MAY, 2008. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (1) That there is hereby levied for the fiscal year beginning July 1, 2008, a tax of $0.52 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service 19 corporations in accordance with Section 58.1-2606 of the Code of Virginia, as amended; (2) That there is hereby levied for the fiscal year beginning July 1, 2008, a tax of $0.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia, as amended; (3) That there is hereby levied for the fiscal year beginning July 1, 2008, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia, as amended; (4) That there is hereby levied for the fiscal year beginning July1, 2008, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft for recreational purposes only; (5) That there is hereby levied for the fiscal year beginning July 1, 2008 a tax of $4.40 per one hundred dollars of assessed valuation on tangible personal property as defined and classified in Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of Virginia, as amended, except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy; and (6) That there is hereby levied for the fiscal year beginning July1, 2008, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia, as amended, and pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as amended, however in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 20 Chairman Clark called for a public hearing on the following: D. An Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year July 1, 2008 Through June 30, 2009. Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved to approve An Ordinance Implementing Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2008, which passed unanimously (5-0). When the Chairman called for a public hearing on Item (E), An Ordinance Implementing Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2008, Supervisor Bradshaw moved to rescind his earlier motion to approve, which passed unanimously (5-0). Supervisor Bradshaw moved that the following Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year July 1, 2008 Through June 30, 2009 be adopted: AN APPROPRIATION ORDINANCE PERTAINING TO THE BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2008 THROUGH JUNE 30, 2009 ADOPTED THE 15th DAY OF MAY, 2008 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (a) By motion at its May 1, 2008 meeting, the Board approved a budget for fiscal year 2008 - 2009 in the sum of $ 99,722,371.00; (b) That lump sum appropriations are hereby made on an annual basis for fiscal year beginning July 1, 2008, through June 30, 2009, for separate items, categories, functions and purposes in the budget adopted by the Board of Supervisors on the 1st day of May, 2008, including the sum of $ 64,865,066.00 is hereby appropriated to the Isle of Wight County School Board. 21 (c) That all proceeds received for the fiscal year beginning July 1, 2008 from the County general tax rate levies, from other local revenue, from Federal and State funds and supplements and from all other funds and sources for general County functions and purposes, including public schools and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (d) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in the budget at any time during the fiscal year in any amounts so long as those amounts are not greater than the amounts available in the fund for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed the funds available for such purpose. (e) That all encumbered funds which are earmarked for specific projects, which are not expended during the current fiscal year, will be carried over as encumbered funds for said projects for the ensuing years unless the encumbrances are removed by action of the Board of Supervisors. (f) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate ?funds? in the aforesaid budget estimates from the General Revenue Fund, from time to time, as monies become available, sums equal to but not in excess of the appropriation herein made to such ?funds?, for the functions and purposes therein indicated from the General Revenue Fund for the period covered by this appropriation ordinance. (g) That the Treasurer of Isle of Wight County is hereby authorized to honor and pay all warrants and to pay out funds from the various ?funds? indicated in said Budget estimates for any contemplated expenditure for which funds have been made available and appropriated for such contemplated expenditures. (h) That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: 22 E. An Ordinance Implementing Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2008. Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following Ordinance be adopted: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA FOR CALENDAR YEAR 2008 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2008 shall be set at fifty-six percent (56%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100%). The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: F. An Ordinance to Set the Salaries for the Chairman and Members of the Board of Supervisors, Pursuant to the Code of Virginia, Section 15.2-1414.3 Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the Ordinance. No one appeared and spoke. 23 Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Casteen commented that the Board is currently entitled to receive insurance through the County and that he is currently enrolled under Section 15.2-1414.2 of the Code of Virginia. He inquired if he would still be entitled to receive insurance if the Board votes to go to Section 15.2- 1414.3 of the Code of Virginia, which requires a resolution, whereas Section 15.2-1414.2 already grants those benefits. Interim County Attorney Burton advised that benefits are a separate issue from salaries, which was just adopted and, which is pursuant to Section 15.2-1414.3. He stated that it appears that in past years the Board has operated under Section 15.2-1414.2, which is based on population. Supervisor Bradshaw stated that he believes that the Board changed from operating under Section 15.2-1414.2 to Section 15.2-1414.3 of the Code of Virginia around 2005-2006. He stated that Interim County Attorney Burton has researched the matter, but could not find where the Board legally voted to switch from Section 15.2-1414.2 to Section 15.2- 1414.3. He stated that the Board discussed this matter two (2) years ago and Interim County Attorney Burton had attempted unsuccessful to resolve this matter last year, but missed the deadline. Supervisor Casteen requested clarification that voting on the above Ordinance dealing with the issue of salaries would not affect the insurance that he currently has in place through the County. Chairman Clark acknowledged that voting on the Ordinance under consideration would not affect Supervisor Casteen?s insurance that is currently in place. Supervisor Casteen made reference to an earlier discussion that he had held with Interim County Attorney Burton which lead him to believe differently. Interim County Attorney Burton clarified that the discussion he had held with Supervisor Casteen was that under Section 15.2-1414.2 there is no requirement for a resolution for benefits; however, under Section 115.2- 1414.3, there is a requirement for benefits. He noted that he intended to address that when the Board got to that topic, but in the course of that there are proposed resolutions for the Board to approve which will satisfy the requirement of that code section. Supervisor Bradshaw moved that the following Ordinance be adopted: 24 AN ORDINANCE TO SET THE SALARIES FOR THE CHAIRMAN AND MEMBERS OF THE BOARD OF SUPERVISORS, PURSUANT TO THE CODE OF VIRGINIA, SECTION 15.2-1414.3 BE IT ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, that annual salaries for the Chairman, Vice Chairman and members of the Board of Supervisors shall be as follows: Chairman, Vice Chairman and Board Member $11,402.26 The Chairman shall be paid an additional sum of $1,800.00 per Fiscal Year and the Vice Chairman shall be paid an additional sum of $1,200.00 per Fiscal Year. The annual salaries for the Chairman, Vice Chairman, and Board Member shall be increased in each succeeding Fiscal Year in the same percentage as the general wage increase approved for permanent full-time County employees, provided, however, that such increases do not exceed the limits authorized by Virginia Code Section 15.2-1414.3 as amended from time to time. The Board of Supervisors shall approve the increases in salaries as a part of its adoption of the annual appropriation ordinance pursuant to state law. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: G. An Ordinance to Amend and Reenact Isle of Wight County Code ?Chapter 15. Taxation. Article V. Correction of Assessments and Refunds. Section 15.20. Same - Refund to be With Interest.? Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Clark opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Clark closed the public hearing and called for comments from the Board. Chairman Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT 25 ISLE OF WIGHT COUNTY CODE ?CHAPTER 15. TAXATION. ARTICLE V. CORRECTION OF ASSESSMENTS AND REFUNDS. SECTION 15-20. SAME ? REFUND TO BE WITH INTEREST.? WHEREAS, on November 5, 1987 the Isle of Wight County Board of Supervisors, after holding a public hearing in accordance with Section 15.2- 1427 of the Code of Virginia (1950, as amended), enacted Sections 15-18 through 15-21 of the Isle of Wight County Code in accordance with Section 58.1-3918 of the Code of Virginia (1950, as amended); and WHEREAS, on March 28, 1999 and on April 6, 2000 the General Assembly of Virginia enacted revisions to Section 58.1-3918 of the Code of Virginia (1950, as amended); and WHEREAS, in order to comply with the provisions of the Code of Virginia; BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that ?Chapter 15, Taxation, Article V, Correction of Assessments and Refunds, Section 15-20, Same ? Refund To Be Without Interest? of the Isle of Wight County Code be amended and reenacted to read as follows: Sec. 15-20. Same ? Refund to be with interest. All refunds made under the provisions of this Article shall be with interest at the rate of ten percent (10%) per annum, provided that no interest shall be required to be paid on such refunds if (i) the amount of the refund is ten dollars or less or (ii) the refund is the result of proration. In addition, any erroneous interest or penalty paid by a taxpayer shall be refunded. (11- 5-87; 4-17-08.) The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the Community Development report. 26 Beverly H. Walkup, Director of Planning and Zoning, presented the application of Trustees of Allen Grove Baptist Church, owner, and Sharon Walden, applicant, for a Preliminary Site Plan Review for a 915 square foot multipurpose room addition located on the west side of Walters Highway (Rt. 258) at 32376 Walters Highway. She advised that the applicant is present should the Board have any questions. Following no questions or concerns, Supervisor Bradshaw moved that the application of the Trustees of Allen Grove Baptist Church be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Walkup presented the application of Vintage Builders, LLC, owner, for a Preliminary Subdivision Plat for the Carrollton Manor Subdivision dated December 17, 2007, and associated Water Quality Impact Assessment (WQIA) dated March 19, 2008. She advised that the Planning Commission?s motion was for approval, which failed due to a split vote. She advised a concern of the Planning Commission was connectivity to the adjacent site. She stated Mr. Berluchi was present should the Board have any questions. Responsive to Chairman Clark, Ms. Walkup advised that there is access to Cedar Grove Road. She commented that the Route 17 Master Plan states the direction that the County needs to be moving in so that the arterial capacity is reserved. She stated that Mr. Berluchi was asked to reserve the right-of-way so that it does connect to the adjacent property, but he declined. Attorney Riddick advised that Mr. Berluchi is willing to provide connectivity and that the applicant is requesting the Board to grant preliminary approval subject to the applicant providing connectivity to the adjacent property with access to Cedar Grove Road. Mr. Berluchi requested that he be allowed to work with staff and use a grinder pump to pump into the sewage system if he lost the gravity because he changed the cul-de-sac to accomplish the connectivity. Chairman Clark moved that the application be approved, as conditioned by the developer, with regard to the granting of a right-of-way easement to Cedar Grove Road, as offered by the developer. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Walkup presented the application of Coastal Investors, owner, and Patton Harris Rust & Associates, applicant, for a Preliminary Site Plan Review for the expansionof Red Oak Mobile Home Park, Phase II for 184 lots and a Water Quality Impact Assessment. 27 Supervisor Bradshaw inquired the status of the signalization as recommended in the Traffic Impact Study. Jamie Oliver, Planning and Zoning, advised that when the original rezoning was approved, the Traffic Impact Analysis stated that the intersection at the entrance of Red Oak Drive and Route 10 may require a traffic signal and the applicant agreed to bond for a traffic signal. She added that a traffic study update was conducted because VDOT said that the old study was too old and the update said that they do not expect it to warrant a traffic light at that entrance intersection; however, on the site plan they still agreed to a bond for the traffic light if they do traffic counts after it is constructed and one is necessary. She stated that the traffic study also looked at the Benn?s Church intersection and found that the already proffered improvements that would be done by St. Luke?s Village would handle their traffic as well and that they would not be required to conduct any additional improvements later on. Chairman Clark left the room and Vice-Chairman Brown presided over the meeting. Ms. Walkup noted that the recommendation made by the Planning Commission was to allow staff administrative approval authority. She stated with reference to the seven (7) lots in Phase 3, the school property is on the other side and they built a BMP and there is a dispute as to whether that area is perennial or whether there is a malfunction of the BMP. She stated once that matter has been resolved and the determination has been made that that is not a RPA that she would like to be able to approve the seven (7) lots administratively. Chairman Clark returned to the meeting. Supervisor Casteen moved that the Preliminary Site Plan for the expansion of Red Oak Mobile Home Park, Phase II; the associated Water Quality Impact Assessment; and Phase III site plan approval to be designated to the Zoning Administrator pending the outcome of the RPA determination to the Board of Supervisors subject to the following: Compliance with Section 14A-20 of the Isle of Wight County Stormwater Ordinance as stated in the Memorandum dated April 19, 2008 from the Engineering Department; and, that the lighting is designed to meet the existing light trespass standard and the guidelines of .25 foot candle spillover of lighting onto properties adjacent to the storage facility with additional landscaping and vinyl coating fencing or some other type of fencing, subject to staff?s approval. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 28 Supervisor Bradshaw moved that the waiver request be granted to allow a chain link fence with no barb wire and additional landscaping along the property line following the road down to the existing tree line, subject to staff?s approval. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the waiver request be granted to be exempted from buffering the entire perimeter of the existing borrow pit, except the south side of the borrow pit to the existing property line. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the waiver request be granted to allow the installation of a gravel parking lot with landscape timbers for parking bumpers for the recreation area parking lot. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the Parks and Recreation report. Mark Furlow, Parks Administrator, presented the Isle of Wight County Fair Committee By-Laws for the Board?s consideration. Supervisor Bradshaw moved that the Isle of Wight County Fair Committee By-Laws be approved. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the General Services report. E. Wayne Rountree, P.E., Director of General Services, presented recommended hours of operation for the County?s convenience centers which would realize a savings for the County, streamline its operations and provide time for needed maintenance on the facilities. Supervisor Bradshaw commented that the busiest time of the year is approaching for convenience center sites and that he would prefer to wait until the end of summer before taking any action. He stated that staff could implement the two (2) hour Sunday morning change at this time, but he would recommend that no further action be taken by the Board to allow staff an opportunity to obtain additional information, particularly with respect to 29 the County installing its own lighting system at the various convenience centers; scheduling of site attendants; and, how the schedule for pulling containers might be affected. Supervisor Bradshaw moved that the matter be directed to the Board?s Convenience Center Committee (Supervisors Bradshaw and Wright) and that a meeting be held with Mr. Rountree for review and recommendation back to the Board.The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the County Administrator?s report. Liesl R. DeVary, Director of Budget and Finance, presented a Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing for the Board?s consideration. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Isle of Wight County, Virginia (the ?Borrower?), intends to acquire, construct and equip various capital improvements (the ?Projects?) as approved in Fiscal Year 2008-09 Capital Budget; and, WHEREAS, plans for the Projects have advanced and the Borrower expects to advance its own funds to pay expenditures related to the capital improvements prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the ?Bonds?) or to incur other debt, in an amount not currently expected to exceed $7,500,000, to pay the costs of the capital improvements. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 30 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower?s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain ?preliminary expenditures,? costs of issuance, certain de minimis amounts, expenditures by ?small issuers? (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the ?official intent? within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary presented a Resolution to Accept and Appropriate Funds for the Smithfield Old Town Market for the Board?s consideration. Chairman Clark moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE SMITHFIELD OLD TOWN MARKET WHEREAS, the Isle of Wight County Board of Supervisors has approved the Department of Tourism to manage and oversee the Smithfield Old Town Curb Market; and, WHEREAS, funding in the amount of nineteen thousand seven hundred and seventy five dollars ($19,775), or so much as shall be received from sponsorships and vendor fees, needs to be accepted and appropriated to the FY 2007-08 General Operating and Capital Budget of the County of Isle of Wight, Virginia. 31 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight authorizes funding in the amount of nineteen thousand seven hundred and seventy five dollars ($19,775), or so much as shall be received in sponsorships and vendor fees be accepted and appropriated to the appropriate line item in the FY 2007-08 General Operating and Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Joseph R. Chase, Emergency Management Coordinator, presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance of the E911 Fund for an Emergency Communication System for the Board?s consideration. He noted that based on the most recent hurricane exercise conducted in July, 2008, improved communication through the Emergency Operations Center is needed, as well as improvement of message flow to staff and the speed at which the public is notified of key information. He advised that staff has been investigating the feasibility of implementing an advance emergency communication system to notify citizens, first responders, government officials and employees about emergency situations. Supervisor Bradshaw inquired how staff plans to advise the public with respect to notification registration. Mr. Chase replied through the County Newsletter, the County?s website and PEG channel and at the County Fair. He stated that citizens will be able to register for the notification through e-mail, cell phone, Black Berry and phone lines. Supervisor Bradshaw expressed concern about notification to elderly citizens and suggested that a notice be included in the County tax bills. Mr. Chase informed the Board that the system includes a controlled grid feature whereby citizens within a certain area can be contacted if a situation develops in a certain section of the County and an evacuation is needed. SupervisorBradshawmoved the Board adopt the following Resolution and authorize the Chairman to sign the contract pending approval by the County Attorney: 32 RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE E911 FUND FOR AN EMERGENCY COMMUNICATION SYSTEM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional appropriation for the purchase of an emergency communication system for notifying citizens, first responders, government officials and county employees; and, WHEREAS, funds in the amount of sixty thousand dollars ($60,000) need to be appropriated from the Unappropriated Fund Balance of the E911 Fund to the FY 2007-08 E911 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 sixty thousand dollars ($60,000) from the Unappropriated Fund Balance of the E911 Fund be appropriated to the FY 2007-08 E911 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 (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. Steven A. Aigner, Fire and EMS Coordinator, presented a request from the Fire and Rescue Association for a transfer of $2,000 from the Contingency line item for the regional burn building. Chairman Clark moved that the Board authorize a transfer of $2,000 from the Contingency line item for a donation to the regional burn building. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. Regarding the issue of a Board Retreat, Supervisor Bradshaw moved that staff initiate the process for conducting the Board?s annual Retreat. Staff is to solicit Michael Chandler to act as the Facilitator. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. // 33 Chairman Clark called for consideration of the Consent Agenda. A. Resolution of Appreciation ? William E. Laine, Jr. . Resolution of Appreciation to William E. Laine, Jr. Upon His Retirement B. Transition of Section 8 Program C. Pesticide Container Recycling Program . Resolution to Accept and Appropriate $1,875 from the Commonwealth of Virginia Department of Agriculture and Consumer Services D. Byrne Justice Assistance Grant Program (JAG) . Resolution to Accept and Appropriate Byrne Justice Assistance Grant Funds from the Department of Criminal Justice Services E. Public Hearing for VDOT Secondary 2009-2015 Six-Year Improvement Program F. Planning Commission Action List of April 22, 2008 G. Planning Commission 2007 Annual Report H. Monthly Financial Reports for County and Schools I. April 3, 2008 Regular Meeting Minutes Supervisor Wright moved that the Board approve the Consent Agenda. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. // Chairman Clark called for Appointments. Supervisor Casteen moved that the Board appoint Betty Alldaffer to the Blackwater Regional Library Board representing the Smithfield District and replacing Melissa Small. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 34 Supervisor Casteen moved that the Board recommend Bruce Cobb to the Circuit Court Judge for appointment to the Board of Equalization representing the Smithfield District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board appoint I.N. Jones, III representing the Hardy District on the Agricultural/Forestal District Advisory Council and replacing G. W. White, Jr. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark moved that Mary Frances Briley be reappointed to represent the Newport District on the Blackwater Regional Library Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board recommend Anna Effler to the Circuit Court Judge for appointment to the Board of Equalization representing the Hardy District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark requested staff to contact Art Berkley, Director of Inspections, to inquire if David F. Bugin is desirous of being reappointed to the Board of Building Appeals representing the Newport District. // Chairman Clark called for Old Business. Cingular Wireless PCS, LLC (t/a AT&T), applicant, for a Conditional Use Permit to construct a 165 foot monopole communications tower with related antennas and a four (4) foot lightning rod, with an equipment shelter and related communications equipment on approximately five (5) acres of land located at 23195 Vellines Lane, in the Newport Election District. Ms. Walkup presented a request from the applicant that the Board table the application for an additional sixty (60) days. Ms. Walkup responded the applicant is requesting the application be tabled in order to allow a structural foundation test to be conducted on the Dominion Virginia Power tower for collocation on another tower. 35 Chairman Clark moved that the Conditional Use Permit be tabled for sixty (60) days. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Walkup introduced the following Ordinance for the Board?s consideration: An Ordinance to amend Section 7-28-1 (Family Member Subdivision) of Appendix A, Subdivisions. The amendment will add criteria requiring property owners requesting to create a family member subdivision to have held fee simple title to the property for at least five (5) years prior to filing for a family member subdivision, and the receiving family member shall not transfer, subdivide or otherwise convey such property in less than five (5) years. The amendment also includes provisions for shared driveways, a maximum of four (4) lots to be accessed from a single easement, and that no resulting lot be comprised of more than thirty percent (30%) of environmentally sensitive features and shall not extend over a political boundary. Ms. Walkup advised that responsive to the Board?s concerns noted at its public hearing held on February 21, 2008, the fee simple ownership for five (5) years for a person conveying a family member subdivision has been deleted so that the five (5) year holding period will only apply to the person receiving the family member transfer. She further advised that the language for lots not fronting on a public road has been modified for clarity and that it has been changed to require that the road maintenance agreement be recorded requiring maintenance of roadways by the property owners to whom the lots will be conveyed. She continued that the depth of the compacted surface has been increased from three (3) inches to four (4) inches and the language requiring a road maintenance agreement and a minimum depth of compacted surface for shared driveways has been deleted. She advised that she believes that she has satisfied Mr. Gillespie?s concerns regarding the maximum of four (4) lots that will be from a single tract without road frontage by explaining that staff will begin counting the four (4) lots from the date of the Board?s adoption of the Ordinance and that it would not pertain to those already developed on the roadway. Supervisor Wright moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND Appendix A, Subdivisions, 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 36 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 A, Subdivisions, of the Isle of Wight County Code be amended as follows: 7-28-1 Family Member Subdivision. A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner. For the purpose of Family Member Subdivisions, a ?member of the immediate family? is any person who is a natural or legally adopted child, stepchild, spouse, sibling, grandchild, grandparent, or parent of the property owner. A. Approval The Subdivision Agent may approve a Family Member Subdivision subject to the provisions of this Section (Section 7-28-1), and any express requirement contained in the Code of Virginia (see specifically Section 15.2-2244, et seq. of the Code of Virginia). The purpose of a Family Member Subdivision may not be to circumvent this Ordinance or other County regulations. To approve an application for Family Member Subdivision, the Subdivision Agent must find the following: 1. The property owner requesting the Family Member Subdivision shall hold fee simple title to the subject property. 2. No person who has previously received land within the County via Family Member Subdivision is eligible to receive additional land through Family Member Subdivision. 3. The approval shall include the proposed deed(s) of sale or transfer from the property owner to the receiving family member. 4. No more than four (4) lots resulting from a single tract may be accessed from a single easement of right-of-way unless approved by the Board of Supervisors upon recommendation from the Planning Commission. These lots shall be served by an unobstructed easement of right-of-way of not less than twenty (20) feet, providing ingress and egress to an improved public street, and shall be constructed of a compact surface with a minimum depth of four (4) inches. It is recommended that an additional ten (10) feet of easement be dedicated for emergency management access to bring the easement width to thirty (30) feet. The easement of right-of- way shall be maintained by the owner or owners of the property which is to be served by said easement of right-of-way. A road maintenance agreement providing for perpetual maintenance of said easement of right-of-way shall be executed by the parties to whom 37 the lot(s) created pursuant to this ordinance shall be conveyed. The road maintenance agreement shall be approved by the County Attorney and shall be recorded in the Clerk?s Office of the Circuit Court of Isle of Wight County at the time of recordation of the plat approved pursuant to the ordinance. An erosion and sediment control plan may be required depending on the square footage of land disturbance. 5.Shared driveways shall be required for two (2) or more contiguous lots resulting from a Family Member Subdivision which shares frontage on a public road. A shared driveway with a minimum width of twelve (12) feet must be provided within an unobstructed access easement. 6.No lot shall be designed, approved or employed for use in which an area more than 30% of the prescribed minimum lot area is comprised of one or more of the environmentally sensitive areas referenced in the net developable calculations of the Zoning Ordinance. This shall not apply to lots created exclusively to preserve and maintain environmentally sensitive areas, as approved by the Zoning Administrator. 7.No singular subdivision shall extend over a political boundary line. 8.All applicable requirements of the Zoning Ordinance, the Erosion and Sediment Control Ordinance, the Isle of Wight County Department of Public Utilities Master Water and Sewer Ordinance, and the Chesapeake Bay Preservation Area Ordinance shall apply. 9.A person receiving land through a Family Member Subdivision may not sell, transfer, subdivide, or otherwise convey such property for a period of five (5) years after plat approval; unless: a. The conveyance or proposed conveyance results from the foreclosure of a mortgage (deed of trust) lien on the property. b. The subdivision is directed by court action. c. Upon application from said recipient, the Board of Supervisors, upon recommendation from the Planning Commission finds at least one of the following: i. The proposed conveyance must be made to satisfy a financial obligation that was not contemplated at the time of the transfer of the lot through the Family Member Subdivision, and that cannot be satisfied from other assets. ii. The property is granted rezoning approval. d. The Board of Supervisors may specify additional conditions to be imposed on a Family Member Subdivision (if an administrative decision goes through appeal or an exception is sought from the Board of Supervisors for sale prior to five (5) years.) B.Water 38 One of the following shall apply: 1.Well Water The applicant must provide proof that a water source for the lot has been identified in accordance with the requirements of the Virginia Department of Health. In such case, the following note must be placed on the final plat prior to final approval by the Subdivision No zoning permit or building permit shall be issued for any lot until a well or water source has been approved by the County Agent: 2.Public Water Family Member Subdivisions resulting in more than four (4) lots may be required to connect to a public water supply system in accordance with the Master Water and Sewer Ordinance. In such case, the following note must be placed on the final plat prior to final approval by the Subdivision Agent: Any lot shown on this plat must be served by public water before any use can be made on such lot. However, NO service has been extended to such lots at the time of approval of the plat. No zoning permit or building permit shall be issued for any lot until public water has been extended to such lot in accordance with the Master Water and Sewer Ordinance. The owner of each lot shown on this plat shall grant, without compensation, such reasonable easements as are necessary to permit such extension of public water to all lots. C. Sewer 1.Private Individual Septic Private individual septic systems shall be designed and constructed to meet the requirements of the Virginia Department of Environmental Quality, the Virginia Department of Health, Isle of Wight County Department of Public Utilities, and any other state or local regulation having authority over such installation, including the Zoning Ordinance for alternative discharge sewer disposal systems. The following note must be placed on the final plat prior to approval from the Subdivision Agent: No zoning permit or building permit shall be issued for any lot until a 2. septic system has been approved by the County Health Department and any drainfield is identified on the plat. Public Sewer Public sewer systems shall be designed and constructed in accordance with the design standards and specifications for 39 sewerage construction and improvements in Isle of Wight County, Virginia, and meeting the approval of the Subdivision Agent. Recordation and Enforcement D. 1. The approved Family Member Subdivision plat, road maintenance agreement (if applicable) and deed(s) of sale or transfer shall be recorded simultaneously. The Family Member Subdivision approval shall automatically terminate if all required documents are not filed within six (6) months. 2. The property owner shall place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a person other than the immediate family for which it is created for a period of five (5) years following the date of subdivision, unless a rezoning is granted. 3. No zoning permit or building permit shall be issued for any lot or parcel found to be in violation of this ordinance until such violation has been corrected. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Rountree stated with respect to the proposed Master Water and Sewer Plan, staff has corresponded with the Town of Windsor and indicated that the Board would be taking action at this meeting. He indicated that to date, staff still has not received a response. Supervisor Wright moved that the following Resolution and Errata Sheet be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO APPROVE AN AMENDMENT TO THE COMPREHENSIVE PLAN THROUGH THE ADDITION OF THE PROPOSED ISLE OF WIGHT COUNTY, VIRGINIA MASTER WATER AND SEWER PLAN WHEREAS, Section 15.2-2229 of the Code of Virginia (1950, as amended) stipulates that any amendments to a community?s Comprehensive Plan be recommended by resolution to the governing body by the local planning commission; and, WHEREAS,the Isle of Wight County Comprehensive Plan was prepared to guide the physical development of the County of Isle of Wight, Virginia pursuant to Title 15.2 Chapter 22, Article 3 of the Code of Virginia; and, 40 WHEREAS,the proposed amendment to the Comprehensive Plan is to serve as a more detailed part of the plan that will guide the County?s long- range water and sewer utility needs, including source, distribution, treatment and storage capacity through the year 2035; and, WHEREAS, the Isle of Wight County, Virginia Master Water and Sewer Plan establishes the standards to ensure that land development coincides with the location and timing of capital facilities, as well as establishes a methodology to ensure adequate levels of service for determining the impacts of development; and, WHEREAS, the Isle of Wight County Board of Supervisors finds it advisable to implement the goals and objectives of Chapter 6 of the Comprehensive Plan by adding the Isle of Wight County, Virginia Master Water and Sewer Plan, prepared by R. Stuart Royer & Associates, Inc. dated September, 2007 including the Errata Sheet, as a part of the plan to be updated and amended as necessary to carryout the long-range water and sewer utility needs of the County; and, WHEREAS, the Isle of Wight County Board of Supervisors has given notice and held a public hearing on said amendment to the Comprehensive Plan on March 20, 2008, after notice as required by Section 15.2-2204 of the Code of Virginia (1950, as amended). NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors does hereby approve and adopt the Master Water and Sewer Plan, prepared by R. Stuart Royer & Associates, Inc. dated September, 2007 including the Errata Sheet, as a part of Chapter 6 of the Isle of Wight County Comprehensive Plan. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised that responsive to Board direction, he had contacted the Southampton County Administrator relative to the County?s demonstration of support with respect to the issue of OLF?s, but that he has not received any new information from Southampton County to date. He stated that included in the Board?s agenda is a resolution of support adopted by the Franklin City Council, as well as information made available at the most recent meeting of the Hampton Roads Military and Federal Facilities Alliance. He stated that he has included a resolution in support of Southampton County?s position on the Outlying Landing Field for the Board?s consideration. Chairman Clark requested County Administrator Caskey to contact the City of Franklin regarding a proposed meeting of the Alliance to take place in the not-to-distant future. 41 Supervisor Bradshaw moved that the following Resolution be adopted; that a copy of it be forwarded to Michael Johnson, County Administrator, Southampton County; and, that Supervisor Bradshaw?s assistance, if needed, be offered: RESOLUTION IN SUPPORT OF SOUTHAMPTON COUNTY, VIRGINIA?S POSITION ON THE OUTLYING LANDING FIELD WHEREAS, the Southampton County Board of Supervisors has made a request by Resolution dated August 1, 2007 for the State of Virginia to remove and withdraw sites 3A, 4A, 4B, and 4C in Southampton County, Virginia from further consideration as an outlying landing field by the Department of the Navy; and, WHEREAS, the Southampton County Board of Supervisors has expressed its opposition to the development of an outlying landing field within Southampton County; and, WHEREAS, the location of an outlying landing field within Southampton County or neighboring jurisdictions may have flight patterns to such facilities that will negatively impact the quality of life of persons who reside in, work in, and visit Isle of Wight County. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, supports the Southampton Board of Supervisors? position in opposition to the location of an outlying landing field. BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Honorable Timothy M. Kaine, Governor of the Commonwealth of Virginia and to the Chairman of the Southampton County Board of Supervisors. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Casteen absent for the vote. Chairman Clark notified the Board that he had been invited to a thank- you celebration which was extended to all individuals who contributed to the City of Suffolk?s relief efforts during the tornado that struck on April 28, 2008. He advised that he had received a letter from Linda Johnson thanking the County for all the efforts extended by its emergency services employees. He advised that the Chief of Police was also very appreciative for the support received from the Sheriff?s office. 42 Supervisor Bradshaw advised that the Board?s Finance Committee had met prior to this meeting and discussed the Smithfield Fire and EMS station. He stated that the Finance Committee has taken the position that the estimated cost to build the facility is approximately $8.5 million and is too high for the County?s budget and capital needs at this time. Supervisor Bradshaw moved to direct Supervisors Wright and Clark to meet with the Fire and Rescue Association to further discuss and provide a recommendation back to the Board with the understanding that the Board?s Finance Committee met and concurred that this capital project is too high for the County to fund at this time. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown requested that the language in the Memorandum of Understanding with the Town of Smithfield regarding the property at James and Washington Streets be worded more concisely to reflect that the intent of the MOU was for the relocation of the Pinewood Heights residents and that the County had assisted the Town so that it could meet its obligation with the matching grant. He stated that following the County?s assistance, other reasons for the use of the property were created. Supervisor Casteen noted that the Board?s January minutes reflect that several Board members pointed out at that time that what the Town of Smithfield does with that property would be up to the Town. He stated that he did not think it was appropriate for the Board to be telling the Town what to do within the Town limits. Chairman Clark moved that the Board defer action on the MOU with the Town of Smithfield until the Board?s June 10, 2008 meeting to allow Supervisor Brown and Interim County Attorney Burton an opportunity to discuss the inclusion of revised language. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Clark recapped the history behind the consideration of a Resolution to Include Board of Supervisors? Members in County Fringe Benefits. He commented that Supervisor Casteen, as a new Board member, had inquired about and was advised that he was eligible to receive insurance benefits through the County. He stated that Supervisor Casteen had cancelled the insurance he was with upon being told that he was eligible to receive insurance through the County and that he may have a problem returning to his past insurance due to his family?s health issues. Supervisor Casteen stated that he had been covered through another insurance company prior to serving on the Board, but that he had left that insurance to join the County?s and now he will not be able to return to the other insurance company without a significant change in premium due to a 43 change in health issues. He stated if he had not already changed insurances, this would not be a problem and that it was not his intention to have an unfair advantage over the other Board members. Chairman Clark noted that the issue of whether or not the benefits will be made available to all Board members needed to be discussed further, but, that in the meantime, some resolution, on a temporary basis, needs to occur to accommodate Supervisor Casteen?s reliance on what he had been told by staff. Interim County Attorney Burton advised that he has prepared several alternate resolutions for consideration by the Board. He stated that in the memo from Mrs. Haywood, Director of Human Resources, which relates to the various benefits that County employees receive, the Board would be eligible for the health and dental care coverage, 457 Deferred Compensation, premium conversion, credit union, college savings plan and the YMCA membership. Chairman Clark inquired what other localities provide to their Council members. Mrs. Haywood advised that certain other counties and surrounding major cities do extend health insurance benefits to their Boards; however, the Counties of Gloucester and Prince George and the City of Franklin do not extend benefits to their Boards and Councils. She advised that in other localities, part-time employees are not eligible for the health insurance or the 457 retirement plan. Supervisor Bradshaw expressed an interest in knowing what the cost would be to the County if those benefits were offered to its part-time employees. Supervisor Wright advised that when he began serving on the Board, he was advised by a former Director of Human Resources that he was not eligible, as a part-time employee, to receive insurance through the County. He stated that he felt that part-time employees should have the same opportunity as anyone who works for the County. Supervisor Casteen stated that this is two (2) entirely difference situations. He stated that the Board is a finite group of individuals who become an infinite group when you begin extending the same benefits and options to part-time employees, which could cause an impact to the County that could become unmanageable and much more costly versus considering the number of individuals that serve on the Board. Supervisor Brown suggested that placing a cap on the Board?s salary consisting of a combination of health insurance and compensation might make it equitable. 44 Supervisor Bradshaw agreed with Supervisor Brown?s suggestion and noted that he was in concurrence with Supervisor Wright that there needs to be equity with respect to part-time employees. He asked if the Board is singling itself out and giving the impression that it is better than other people and the Board is not trying to help them have a sustainable living and improve their quality of life and not have to wonder if they can afford health insurance. He stated that it is not a personal issue, it is dealing with equity and how this issue can be resolved in a way that the perception to the public is that the Board is not placing itself above the regular citizen. Chairman Clark moved that the matter be tabled until the Board?s August 7, 2008. In the meantime, the Director of Human Resources and the Interim County Attorney are tasked with reviewing Supervisor Brown?s proposal of placing a cap on the Board?s salary (which can be a combination of health insurance and monetary compensation) and bring back information with regard to the budgetary impact of health care benefits to part-time employees. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for New Business. Supervisor Bradshaw moved that staff be directed to look into the Consumer Utility Tax regarding showing that the individuals who have a Franklin mailing address and who are customers of the Franklin electrical department that those Consumer Utility taxes be paid to the County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that staff be directed to work with the United States Postal Office and The Virginian-Pilot that the individuals who have a Franklin mailing address will be considered residents of the County and the local paper ensure that they receive the section pertaining to the County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that an official County trip to Alliance, Texas be made available to Board of Supervisors? members who did not get to visit the park on the first trip. Planning Commission and Industrial Development Authority members are to also be invited. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 45 // Interim County Attorney Burton requested a Closed Meeting pursuant to 2.2-3711.A.3 of the Code of Virginia for the discussion of legal counsel regarding the acquisition of real property and pursuant to Section 2.2- 3711.A.1 for the discussion and consideration of a personnel matter pertaining to a specific public official. Chairman Clark 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, Casteen, Clark 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 46 ABSENT DURING MEETING : 0 // Supervisor Casteen suggested that the donation of a small smokehouse or store be located in an appropriately designated section of Heritage Park. He suggested that a section of the park could be set aside for a storage work area and another area for display. Supervisor Bradshaw advised that the Board has approved a Master Plan for the park and has committed to an area for equestrian trails, as well as committed other areas to hold re-enactments. Mr. Small advised that funds are included in the Parks and Recreation Operating Budget this year to redo the Master Plan for Nike and Heritage Parks and that there would be an opportunity to look at all suggestions. // At 10:25 p.m., Supervisor Brown moved that the Board adjourn its meeting. 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