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02-19-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark 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 // // // // Chairman Brown called the meeting to order at 6:00 p.m. Supervisor Bradshaw delivered the invocation. The Pledge of Allegiance was conducted by Junior Girl Scout Troop 989 of Smithfield. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under Public Hearings, delete items A, B and C and move documents pertaining to same to the County Attorney's report; under the County Attorney's report, add consideration of the Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Agriculture and Consumer Services for the Purchase of Development Rights; and, under County Attorney's report, add four (4) closed meeting items. 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 Brown called for Special Presentations /Appearances. Zachery Gaskins was recognized for achieving the rank of Eagle Scout. 1 Supervisor Clark moved that the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE AND CONGRATULATE ZACHERY GASKINS FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Zachery Gaskins is a member of Boy Scouts of America, Troop #37 and a resident of Isle of Wight County; and, WHEREAS, Mr. Gaskins has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Gaskins for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Zachery Gaskins is recognized and congratulated for achieving the rank of Eagle Scout. 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. Herb DeGroft, on behalf of Senior Services of Southeastern Virginia, addressed the Board concerning the needs of senior citizens with respect to the need for in -home nursing care. Peggy Miller, Nursing Supervisor with the Isle of Wight County Health Department, requested that the Board give consideration to funding a senior nurse position. Judy Begland, Chair of the Chamber of Commerce, addressed the Board regarding an historic district initiative geared at addressing the economic downturn of business interests along Main Street in Smithfield. She advised that she, as Director of Workforce Development, is ready to work with the companies that have closed or laid off employees. She further advised that additional Federal funding is anticipated from the President's stimulus package that will provide the funds needed to work with these dislocated workers and provide additional training dollars for individuals that require retraining. Supervisor Clark recommended that local labor be utilized when developments that have been rezoned in the northern end of the County come on line. Steve Jenkins, Chief of Operations/Isle of Wight County Public Schools, addressed the Board with respect to anticipated reductions in State 2 funding and reductions in school personnel. He advised that the proposed budget has been reduced from $64.8 million to $63.5 million and the School's request to the County has been reduced by $750,000. He also advised that the school's previous request for additional funds to replace the roof at the Windsor Elementary School is being withdrawn and that only minimal repairs will be made at this time. He advised concerning the Board's inquiry if the damage has been filed with the school's insurance company, the matter is being turned over to the School's Attorney, however, the time limit to file a claim has since long expired. /I Chairman Brown called for Regional Reports. Concerning the Coalition of High Growth Communities, Supervisor Clark reported that the County will be unaffected by any of the Bills that were under consideration by the General Assembly with respect to development. Chairman Brown advised that he would be receiving an overview of the duties and responsibilities associated with serving on the Hampton Roads Military & Federal Facilities Alliance. Supervisor Clark reported that the Metropolitan Planning Organization (MPO) continues to self analyze its relationship with the Federal Highway Administration and efforts are continuing with respect to its restructuring so that it can become more efficient. He advised that the MPO exists to qualify for Federal Highway funding. He stated that the MPO attempts to maintain a good relationship with the Federal Highway Administration, but they also require that business be done in a certain way. Supervisor Wright reported that Tourism staff has relocated to its new facility. Supervisor Casteen advised that the Tourism office will be having a grand opening on Friday, March 13, 2009 at 4:00 p.m. Chairman Brown reported that the Mayors and Chairs Caucus received an update on the actions taken by the General Assembly at its most recent meeting. Chairman Brown reported that the Social Services budget was approved in the amount of $4,252,031, of which there was a 14% increase in Federal funding and a 20% decrease in the local amount. He advised that the Board of Supervisors had previously directed him to discuss areas of potential consolidation. He advised that to date, the monthly reporting of the payroll is done in conjunction with the County and staff assists with the Virginia Retirement System process for retirees. He advised that it has been 3 determined that it would be cumbersome for staff to combine the LASER and LETS reporting systems. He advised that the Department of Social Services is currently working in conjunction with the County with respect to fuel, vehicle maintenance, paper and office supplies, postage, workers compensation and building insurance. Supervisor Bradshaw reported that the Governor has announced his preliminary estimates at the most recent meeting of the VACo Board of Directors with respect to the budget and that there is another $8 million shortfall that needs to be addressed. He commented that there is $400 million in the current budget and over $400 million in next year's budget. He advised that the Governor is looking at the economic stimulus package from the Federal government to offset the majority of the shortfall. Regarding the Southeastern Public Service Authority, Supervisor Clark reported that Paul Fraim has called for a meeting of the Mayors and Chairs, the CAO's and the County Attorneys for tomorrow morning. He advised that he and County Attorney Burton have persuaded Mr. Don Williams, Chair of the SPSA Board of Directors, to call an emergency meeting of the SPSA Board on Monday, February 23, 2009. Supervisor Bradshaw commented that the County has taken the position and informed the Executive Director of the Virginia Resources Authority, the bond holder of SPSA's debt, that the County is committed to fulfilling its debt and obligations based on its proportionate share. He advised that the Governor had sent a letter to all the Mayors and Chairs of the other participating jurisdictions that if their obligation to fund the debt was not upheld and SPSA goes into bankruptcy then their State funding would be reduced drastically. 1/ 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 Brown called for a public hearing on the following: A. The application of the Isle of Wight County Board of Supervisors, owner, and Powell Management Associates, applicant, for a Conditional Use Permit to allow for a 155 -foot tall elevated water tank on approximately two (2) acres of land located at 17090 Monument Circle, in the Windsor Election District. 4 Matthew Smolnik, Planner, presented the application. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Brown called for citizens to speak in favor of or in opposition to the application. Bruce A. Bruchey, Powell Management Associates, representing the County, appeared and spoke in favor. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the application be approved as conditioned by the Planning Commission. 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 Brown called for a public hearing on the following: B. The application of John W. Crocker, John W. Crocker, III and Elizabeth L. Crocker, owners, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately one (1) acre of land located at 16094 Strawberry Plains Road (Rt. 681), in the Carrsville Election District. The purpose of the application is for one (1) single - family residential lot, as conditioned. Beverly H. Walkup, Director of Planning and Zoning, presented the application. She advised that the applicant has offered a full proffer in the amount of $11,189 for the new lot and conditioned the lot to prohibit further subdivision. She further advised that the rezoning request also includes a waiver from Section 4 -3004, which requires that the first two (2) lots be located on a private shared driveway that serve no more than two (2) residences with no road frontage on a public road. She stated that the lot is an existing residence with an existing driveway. Chairman Brown called for citizens to speak in favor of or in opposition to the application. William Riddick, Attorney representing the applicant, advised that the applicant, who has inherited the property, already has a home, but would like to see the house restored so they are requesting the rezoning in order that the house can be sold separate from the farm. 5 Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw 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. Supervisor Bradshaw further moved that the waiver request to Section 4 -3004 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 Bradshaw called for a public hearing on the following: C. The application of Maurice A. and Judith S. Rhodes, owners, and Timothy R. and Shannon G. Woodland, applicants, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of approximately ten (10) acres of land located at 7124 Joyner's Bridge Road (Rt. 611), in the Carrsville Election District. The purpose of the application is for one (1) single- family residential lot, as conditioned. Ms. Walkup presented the application. She advised that the applicant has proffered the full cash proffer amount of $11,189 and has conditioned the lot to prohibit further subdivision. She further advised that the rezoning request also includes a waiver request from Section 4 -3004 because it is an existing lot with an existing driveway. Interim County Attorney Burton certified that the application had been properly advertised. Chairman Brown called for citizens to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw 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. Supervisor Bradshaw further moved that the waiver request to Section 4 -3004 be approved. The motion was adopted by a vote of (5 -0) with 6 Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: D. An ordinance to amend and reenact the following section of Appendix B, Zoning: Supplemental Use Regulations for Miscellaneous Use Types, Section 5- 5007.D (Communication Tower and Associated Substation) to required that Conditional Use Permit applications for new communication towers include written information addressing emergency preparedness planning for the site (5- 5007.D.9.f) and to include emergency preparedness as part of the application evaluation criteria (5- 5007.D.I 0.m). Jamie Oliver, Planning and Zoning, presented the application. Chairman Brown called for citizens to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following ordinance amendment be approved as presented: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING, ARTICLE V. SUPPLMENETAL USE REGULATIONS, SECTION 5 -5007 SUPPLEMENTAL USE REGULATIONS FOR MISCELLANEOUS USE TYPES. WHEREAS, the Isle of Wight County Board of Supervisors has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about protecting the public health, safety, and welfare of present and future residents and businesses in the County by ensuring the stability of emergency communication networks in the event of a natural or man -made disaster; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article V, Supplemental Use Regulations, Section 5 -5007 Supplemental Use Regulations for 7 Miscellaneous Use Types of the Isle of Wight County Code be amended and reenacted as follows: 5-5007 Supplementary Use Regulations for Miscellaneous Use Types A. Alternative Discharge Sewage Disposal System General Description The existence of untreated septic /sewage poses a clear and documented risk to public health and safety. The following provisions are intended to permit by conditional use permit the replacement of a failed septic system or other approved method of sewage disposal on property which contains a single- family residence constructed prior to the date of this ordinance and where no other alternative for sewage disposal exists. These systems are not considered by Isle of Wight County to be a proven nor acceptable technology for general application or new construction since they conflict with the growth management and resource protection policies contained in the County's Comprehensive Plan and other County ordinances. However, these systems provide a more acceptable method of sewage disposal than no sewage disposal at all for residences which pre- existed this ordinance. (7 -1 -97) 1. Conditional application requirements and procedure a. Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the Virginia Department of Health regulations. No application to Isle of Wight County will be accepted until a formal application has been submitted to and received by the Virginia Department of Health (VDH). (7 -1 -97) b. In addition to the application requirements and procedures established in this ordinance, no application for a conditional use permit shall be considered until the following information is provided: i. A copy of the application form and material(s) submitted to VDH; (7 -1 -97) ii. Written documentation from VDH that all other methods of sewage disposal permitted in 8 4. General standards Virginia have been investigated and that the alternative discharging sewage system is the only remaining alternative for this improved property; (7 -1 -97) iii. Documentation supporting compliance with the criteria contained in subsection (4)(a) of this section; and (7 -1 -97) iv. The tax map number, name and mailing address of all property owners one thousand (1,000) feet downstream of the proposed discharge point along the fall line, based on the most recent real estate books for Isle of Wight County, or other municipality if appropriate. (7 -1 -97) 2. In addition to all other notice requirements contained in this ordinance and otherwise required by law, all property owners located one thousand (1,000) feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten (10) days prior to the Planning Commission's public hearing. The Zoning Administrator shall be responsible for this notification. The applicant shall be responsible for the cost of postage. (7 -1 -97) 3. Wherever possible, the review and consideration of a request for a conditional use permit shall be coordinated with the review procedures and requirements of VDH and the Virginia Department of Environmental Quality, Division of Water. (7 -1 -97) a. All proposed alternative discharging sewage systems shall comply with the regulations and requirements of the Virginia Department of Environmental Quality, Division of Water and the Virginia Department of Health (VDH) pursuant to section 62.1 -44.2 et seq. and section 32.1 -163 and 164 of the Code of Virginia, respectively, as may be amended. The primary regulations which govern the permitting and installation of these systems are contained in the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations for Individual Single - Family Dwellings (VR 355 -34- 400). "(7 -1 -97) 5. A request for a conditional use permit shall only be considered when the following criteria is met: 9 a. The residence is located more than three hundred (300) feet from an existing or proposed public sewer line, or when three hundred (300) feet or less, is otherwise unable to connect to public sewer due to topography or other physical constraints, as determined by the director of utilities; and (7 -1 -97) b. The proposed alternative discharging sewage system is solely for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single - family residence constructed prior to the effective date of this ordinance. (7 -1 -97) c. All systems proposed for use in Isle of Wight County shall be classified under Section 2.25 of the VDH regulations as having either preliminary or general approval for use in Virginia. Systems with experimental approval shall be prohibited in Isle of Wight County. (7 -1 -97) d. In Isle of Wight County the location of the discharge point shall be limited to a year -round stream as defined in Section 3.2 of the VDH regulations, except as allowed in subsection (b) (5) of this section. (7 -1- 97) e. Use of an intermittent stream or dry ditch as the discharge point may be permitted by the Board of Supervisors under the following conditions: i. The use of an intermittent stream or dry ditch is included as a specific condition of the conditional use permit; (7 -1 -97) ii. Specific conditions are attached to the permit pertaining to additional levels of treatment, security of the discharge point, ownership of the property or a perpetual easement for a distance downstream from the discharge point, and other criteria essential to protect the public health and safety; and (7 -1 -97) iii. None of the conditions attached to the permit are less restrictive than the requirements contained in Section 3.7 of the VDH regulations unless specifically varied or modified by VDH and incorporated into the 10 conditions of the conditional use permit. (7 -1- 97) 6. Prior to issuance of an operating permit by VDH, a notice shall be recorded with the Clerk of the Circuit Court advising future purchasers of the legal obligations associated with the method of sewage disposal located on the property. At a minimum, this shall include notice that the approval must be re- permitted every five (5) years or upon change of ownership as required by VDH regulations, that a maintenance contract must remain in full force at all times, that VDH shall have the right of access to the property, and that the Health Department and Isle of Wight County do not warrant in any way the continued compliance with county, state and federal standards and assumes no liability for the continued use of this technology for sewage disposal. This document shall be approved by the County Attorney's office prior to recordation. (7 -1 -97) 7. A copy of all formal and informal testing results required under Section 3.11 of the VDH regulations shall be submitted to the County Health Department and the County Department of Planning and Zoning, in addition to any other agency or location required by law. (7 -1 -97) 8. Any conditional use permit approved by Isle of Wight County shall run concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the conditional use permit shall also expire or be revoked. 9. Requests to renew a permit of an existing system shall be considered as though it were a separate and new request for a conditional use permit and shall meet all of the requirements of this ordinance. Recurring requests for a permit due to repeated revocations of an operating permit or failure to comply with the requirements of the VDH regulations, including failure to maintain a current maintenance contract at all times, may be sufficient grounds for denial of a new conditional use permit by the Board of Supervisors. (7 -1 -97) 10. Any violation of the VDH regulations for the construction, operation and maintenance of an alternative discharging sewage system shall be considered a violation of any conditional use permit approved under this ordinance. (7 -1- 97) 11 11. Any variance or waiver approved by VDH shall not automatically be binding on the Board of Supervisors in considering or approving a conditional use permit. (9 -17- 98) B. Amateur Radio Tower 1. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2- 22911 of the Code of Virginia. 2. The following setback requirements shall apply to all towers and antennas: C. Aviation Facility a. The tower must be set back from any off -site residential structure no less than the full height of the tower structure and height of any mounted antenna. b. Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures. An aircraft landing area or airport may be permitted, provided: 1. A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application. (7 -1 -97) 2. For fixed wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of a runway be closer than two hundred (200) feet from any property line. (7 -1 -97) 3. For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use. (7 -1 -97) 4. Landing areas for rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. (7 -1 -97) 12 D. Communication Tower (and Associated Substation) I. General Description The purpose of this section is to establish general guidelines for the siting of towers and antennas. (7 -1 -97) The goals of this section are to: a. Encourage the location of towers in non - residential areas and minimize the total number of towers and tower sites throughout the community. (7 -1 -97) b. Encourage strongly the joint use of new and existing tower sites. (7 -1 -97) c. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. (7 -1- 97) d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. (7 -1 -97) e. To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county. (7 -1 -97) This section is intended to comply with all federal and state regulations. 2. Applicability This section shall not govern any tower, or the installation of any antenna, that is: a. Under fifty (50) feet in height; (7 -1 -97) b. Owned and operated by a federally - licensed amateur radio station operator; or (7 -1 -97) c. Used exclusively for receive only antennas for amateur radio station operation. (7 -1 -97) 3. Existing structures and towers 13 The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other free - standing structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements. (7 -1 -97) Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co- location ": All utilities required will be placed beneath the surface of the ground. 2. Commercial wireless service co- locations shall not include facilities for transmitting or receiving signals by governmental agencies. 3. All co- locations must be in compliance with Federal Communication Commission (FCC) standards for non - ionizing electromagnetic emissions. In addition, a non - ionizing electromagnetic radiation (NIER) report shall be required for any proposed co- location if an impact analysis for that co- location port was not included within the NIER report submitted at the tower approval stage. 4. General guidelines and requirements a. Must consider County owned locations first in considering new builds b. Must agree up front to escrow or payment in lieu of escrow. c. Principal or accessory use i. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. (7 -1 -97) 14 ii. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. (7 -1 -97) iii. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. (7 -1 -97) iv. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. (7 -1 -97) 5. Inventory of existing sites Each applicant for an antenna and or tower shall provide to the Department of Planning and Zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. (7 -1 -97) The Department of Planning and Zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that Department of Planning and Zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable. (7 -1 -97) 6. Design and lighting requirements The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, however, that the Board of Supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby (7- 1 -97). a. Towers shall either maintain a galvanized steel finish or subject to any applicable standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. 15 Dish antennas will be of a neutral, non - reflective color with no logos. (7 -1 -97) b. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures. (7 -1 -97) c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (7 -1 -97) d. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the Board of Supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. (7 -1 -97) e. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. (7 -1 -97) f. To permit co- location, the tower may be required to be designed and constructed to permit extensions. (7- 1 -97) 7. Federal requirements All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night- migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. 8. Building codes 16 To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. (7 -1 -97) 9. Information required for conditional use permit Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other information to be necessary to assess compliance with this section. Additionally, the applicant shall: 1. Provide actual photographs of the site from all geographic directions (North, South, East, and West) and from any additional vantage point specified by the Zoning Administrator, and; 2. Erect a temporary structural marker of fluorescent color, not less than ten feet in height and 2 feet in diameter, to mark the base of the proposed tower on the site. The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid - ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic /significant areas. In addition to the above required information, the applicant shall also submit the following: a. An engineering report from a qualified radio - frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co- location antennae and the minimum required separation distances between antennae to ensure no frequency interference. 17 b. An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following: 1. The tower height and design including cross - section and elevation. 2. Structural mounting designs and materials list. 3. Certification that the proposed tower is compatible for co- location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate. c. The applicant shall provide copies of its co- location policy. d. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co- locator antennae are no higher in elevation than necessary. e. The personal communications service carrier shall be a co- applicant for all applications. f. For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a man -made or natural disaster, i.e. backup generators, etc. 10. Factors considered in granting conditional use permits for new towers The Board of Supervisors of Isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The Board of Supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Board of Supervisors concludes that the goals of this section are better served thereby: 18 a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of the uses of adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Co- location policy; i. Language of the lease agreement dealing with co- location; J. Consistency with the Comprehensive Plan and the purposes to be served by zoning; k. Availability of suitable existing towers and other structures as discussed below; and 1. Proximity to commercial or private airports. m. Level of emergency preparedness for the individual site and contribution to the County -wide emergency response plan. 11. Availability of suitable existing towers or other structures No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Supervisors of Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements; 19 b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements; c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and can not be retrofitted to accommodate additional users; d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 12. Setbacks The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Board of Supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby. a. The tower must be set back from any off-site residential structure no less than four hundred (400) feet. b. A setback of one foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the leasor). c. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures. 13. Security fencing 20 Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti - climbing devise; provided, however, that the Board of Supervisors of Isle of Wight County may waive such requirements, as it deems appropriate. 14. Landscaping The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Board of Supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby. a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities. b. In locations in which the Board of Supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. c. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the Board of Supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer. d. Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. 15. Local government access Owners of towers shall provide the county a right of first refusal for co- location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co- location requirement of subsection (9)(a) of this section. 21 16. Removal of abandoned antennas and towers Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the County notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the County Attorney may be required to insure that the funds necessary for removal are available to the county in the event the structure is abandoned. 17. Required yearly report The owner of each such antenna or tower shall submit a report to the Board of Supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower. 18. Review fees E. Reconstructed Wetland Intent Any out of pocket costs incurred for review by a licensed engineer of any of the above - required information shall be paid by the applicant. (7 -1 -97; 2- 17 -00; 6- 15 -00.) The purpose of requiring a conditional use permit is to ensure consistency with the Comprehensive Plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long term land use that is expensive and difficult to re- permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the County. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration in evaluating the Conditional Use Permit request... 22 /1 F. Shooting Range, Outdoor 1. General standards: a. The site or area used as a shooting range or match shall be fenced, posted every 50 feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. b. The County Sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guide line, the following distances shall be maintained unless modified in writing by the County Sheriff: i. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than 300 feet; ii. Where a backstop is utilized to absorb the discharged load, the minimum distance may be 200 feet; and, iii. No firing point shall be located within 100 feet of an adjoining 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 Board revert back to the regular order of the agenda and continue with Regional Reports. 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 Brown called for the continuation of Regional Reports. Supervisor Wright reported that the shortfall in State funding was discussed with respect to the Western Tidewater Regional Jail's budget. Chairman Brown reported that the release of non - violent criminals by use of electronic bracelets will cut down on manpower and free up needed space at the Jail facility. He advised that the Central and Eastern State facilities are being closed and those individuals will be transferred to the jail facility where they will be segregated from other inmates. 23 Supervisor Bradshaw reported that the Finance Committee discussed the County's financial condition with respect to the budget and the current economic downturn. Supervisor Bradshaw moved that staff be directed to analyze a solid waste household disposal fee for the County, to include the two (2) Towns, and return to the Board with a report. The County Administrator is directed to meet with the Town Managers to explain the process of the County's solid waste household disposal fee. 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. Gerald H. Gwaltney, Commissioner of the Revenue, reported that his office has been monitoring the financial impact of the changing economy over the last seven (7) months. He advised that he discusses issues and exchanges information with the Director of Budget and Finance on a weekly basis. He advised that he also keeps the Finance Committee informed so that it can keep the Board apprised of the most current information so that it can be proactive. Supervisor Bradshaw reported that the County Administrator had reported to the Board last fall regarding a cost savings program that he had instituted. He advised that there are ten (10) vacant positions that have not been filled. He advised that the Board is staying apprised of the economic downturn and financial consultants are reviewing the County's finances on a regular basis. Chairman Brown notified those in attendance that the County recently received a second place award for the Safeco project and a bronze award for the Sentara project from HRACRE. 1/ Chairman Brown called for Transportation Matters. Kristin M. Mazur, County Engineer, presented a Resolution of the Board of Supervisors of Isle of Wight County Abandoning Route 1608 (Piney Grove Street) for the Board's consideration. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, ABANDONING ROUTE 1608 (PINEY GROVE STREET) WHEREAS, following the request of an abutting land owner, a public notice was posted at the County Courthouse and advertised for two (2) consecutive weeks in a newspaper of general circulation, advising the general 24 public of the Board of Supervisors' intent to abandon Route 1608, as described below, and as prescribed under Section 33.1 -151 of the Code of Virginia (1950, as amended); and WHEREAS, all adjoining or affected property owners were advised by mail of the Board's intent to abandon the subject section of road; and WHEREAS, no written request for a public hearing was presented to the County within the thirty (30) days that followed the public announcement and no public hearing was therefore required or held; and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road and expressed no opposition to the proposed abandonment; and WHEREAS, this Board is satisfied that all landowners currently served by the road will not be deprived of access to their property as a result of this road being abandoned; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of State Route 1608 in its entirety northeast of Route 1606, a distance of 0.13 miles, and hereby deems that section of road is no longer necessary as part of the secondary system of State highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the Secondary System of State Highways, pursuant to Section 33.1 -151 of the Code of Virginia (1950, as amended); and BE IT FURTHER RESOLVED, this Board officially requests the Virginia Department of Transportation Commissioner to determine that there is no further transportation need for the right of way currently occupied by the proposed abandoned portion of State Route 1608; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. 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. Under the Transportation Report/Updated Spreadsheet, MacFarland Neblett, Waverly Residency Administrator, was requested by Supervisor Bradshaw to address how the County can begin to go about applying for 25 Economic Stimulus funding since the roads in the County are not owned by the County. Mr. Neblett advised that Routes 620 and 603 are eligible for Federal funding and that he hopes that stimulus funds will be available so that VDOT can proceed with those two (2) projects. With respect to Poor House Road and Muddy Cross Road, Mr. Neblett advised that he needed to check if stimulus funds can be used on roads that do not qualify for Federal funding. Supervisor Bradshaw moved that, relative to the economic stimulus funding, the VDOT Residency Administrator be directed to apply for all of the projects in the Six -Year Plan, including the unpaved secondary roads and the two (2) projects listed on Route 460 drainage and Route 10 drainage. 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. Mike Corwin, Regional Traffic Operations Engineer, VDOT, requested that the County's priority list be forwarded to him regarding those traffic signals that have a protective left turn being changed to a permissive left turn. Supervisor Clark requested that the areas in Carrollton and Smithfield with protective left turns be investigated. Mr. Corwin advised Supervisor Clark that with respect to his previous inquiry for a crosswalk on Route 17 at Eagle Harbor, there are no existing curb cuts to satisfy the requirement for ADA compliance and having a crosswalk would cause delays in the signal timings. Ms. Mazur advised the Board that the cost estimate to relocate the pole on Yellow Rock Lane is $5,300 and that staff is investigating other existing line items in the General Services budget that have leftover funding which could be utilized for this project. Supervisor Clark moved that staff be directed to find the $5,300 to complete the project from existing line items that have leftover funding and report 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 Brown inquired about traffic calming devices on Routes 10 and 666. Ms. Mazur advised that staff would research and report back to the Board on the best type of traffic calming device for those locations. 26 Supervisor Clark requested that VDOT consider three (3) way stops in place of traffic signals which provides a traffic calming effort, but does not bear the cost of a signal light. Ms. Mazur advised that VDOT is now considering roundabouts and other alternative options than signals in the Countywide Transportation Plan. 1/ Chairman Brown moved that the Board take a recess. 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 session. 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. Neblett reported that the contractor is anticipated to begin work on the James River stop gate project next week with a completion date of May 2009. He advised that the variable message signs are not included in this project. Mr. Neblett reported on a proposed VDOT residency consolidation plan which was presented at the most recent meeting of the Commonwealth Transportation Board. He advised that, following a public hearing, the County would now be served by the Franklin residency with implementation of the plan proposed for the winter months of 2010. Ed Easter, Hideaway Lane, advised the Board that he would be meeting with Attorney Riddick to discuss what needs to be corrected in the Yellow Rock Lane deed. Mr. Stowe, Halltown Road, requested that Halltown Road be placed on the list of roads to be paved. Supervisor Bradshaw requested that Ms. Mazur contact Mr. Stowe with respect to his request for maintenance of Halltown road. Chairman Brown called for Citizens Comments. Mike Luter requested that the Board reconsider its motion at its January 22, 2009 meeting to approve the American K -9 Interdiction, LLC, 27 application for a Special Use Permit for a dog kennel to accommodate the boarding and training of 200 dogs on approximately 32 acres of land. Supervisor Clark moved that Mr. Luter's request be deferred until later in the meeting under 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. Joe King, Carrollton Auto Parts, advised the Board that his business remains closed due to certain code violations. He advised that the Code of Virginia is being incorrectly interpreted by staff and he has been out of work for the last year and a half as a result. He commented that the 250 jobs that could be created from the opening of his business would help offset some of the current layoffs that have occurred as a result of the downturn of the economy. He advised that he has installed the required six (6) foot fence even though he is the only junkyard in the nation with such a fence. He advised that he has owned the business for 25 years; he wants to go to work; he has the capability of creating plenty of jobs; and, none of this is happening yet. Pete Green, Mill Creek Farm Subdivision, relayed the concerns of his neighbors with respect to the County's recent purchase of property, which is at a time that the school system is considering a decrease in personnel; the Sheriff's office is unable to purchase new vehicles and equipment; International Paper is reducing its working operation; Franklin Equipment Company has closed; and, Smithfield Foods is rearranging its operation and laying off employees. He commented with the downturn of the economy, citizens are concerned about how the intermodal park will be affected in Windsor. He remarked that it is very probable that three (3) of the seven (7) restaurants in Windsor will be closed by June of 2009. He voiced a concern about the decline in the number of building permits and commented that 80% of the homes listed for sale in real estate magazines are beyond the reach of average annual income of Tidewater residents. He advised that he does not agree with the citizen who is submitting a petition to call for a tax referendum to set the tax rate and real estate assessments at the 2006 level with a 20% reduction in real estate taxes across the board for a period of three (3) years and that he would be inviting Supervisors Bradshaw and Wright to the next neighborhood picnic in May of 2009 to hear his neighbors' concerns in person. Mary Connell requested that the Board donate $5,500 to assist with the implementation of the feral cat ordinance which was previously adopted by the Board. Herb DeGroft, Mill Swamp Road, encouraged the Board to meet jointly with the School Board to discuss the consolidation of services between the Schools and the County. 28 II Supervisor Clark addressed the Board's recent purchase of properties stating that the Board has the opportunity to do great things for the short and long -term by being prepared to take advantage of the expansion of the rails and ports for the transportation of containers. He stated that the Board has been on this course for several years and, if successful, both the County and the City of Suffolk will benefit greatly by a large intermodal opportunity. He commented that someone had the foresight twenty (20) years ago to purchase the Shirley T. Holland Commerce Park and the decision was probably unpopular then, but the County has benefited from that foresight. He stated that the properties purchased by the County are the County's future. He stated that some of the other businesses in the County may or may not revitalize and the Board needs to be prepared to have other means as a tax base. He welcomed the opportunity to speak to any group concerned about the County's purchase of properties for the intermodal facilities. Supervisor Wright remarked that the purchase of the last two (2) properties on Route 258 would provide the necessary access to the intermodal park. He advised that all properties that have been purchased by the County were done so at the appraised value and that some of the money received from the properties that were sold by the County had been reinvested in the intermodal park. He commented that bringing more businesses into the County will help the tax base and keep a low tax rate in the County. Supervisor Bradshaw remarked that the purchase of land for an intermodal park has been a long -term strategy of the Board for over ten (10) years. He stated that due to planning efforts on the part of the Board, the funds placed in reserve for the acquisition of land does not impact the County's tax rate or the future financial bond rating of the County. /1 1/ Chairman Brown called for Board comments. Chairman Brown announced that the County had recently been awarded second place for the Safeco project and had received the bronze award for the Sentara project. Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented a contract between Isle of Wight County and Virginia Department of Agriculture and Consumer Services to accept an award of $49,900. He advised that he has approved the contract and is requesting that the Board authorize the Chairman to sign it on 29 behalf of the Board. He stated for further consideration is a resolution appropriating the funds, which he would request that the Board approve. Supervisor Bradshaw moved that the Chairman be authorized to execute the contract between Isle of Wight County and Virginia Department of Agriculture and Consumer Services 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. Supervisor Bradshaw further moved that the following Resolution be adopted, as presented by the County Attorney: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE PURCHASE OF DEVELOPMENT RIGHTS WHEREAS, the Board of Supervisors of Isle of Wight County has received notice of award by the Virginia Department of Agriculture and Consumer Services for the purchase of development rights; and, WHEREAS, the grant funds in the amount of forty nine thousand nine hundred dollars ($49,900), or so much as shall be received from the Virginia Department of Agriculture and Consumer Services needs to be accepted and appropriated to the FY 2008 -09 Operating and Capital Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that grant funds in the amount of forty nine thousand nine hundred dollars ($49,900), or so much as shall be received from the Virginia Department of Agriculture and Consumer Services be appropriated to the appropriate line item in the FY 2008 -09 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. Interim County Attorney Burton presented the Historical Architectural Review Committee By -laws, which he recommends the Board approve and authorize the Chairman to execute on behalf of the Board. 30 Supervisor Clark moved that the Chairman be authorized to execute the By -laws 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 his office be authorized to advertise a proposed revision to Chapter 16.2 Weapons for the purchase of handguns by law enforcement officers for $1 for public hearing at the Board's March 19, 2009 meeting. Supervisor Clark moved that the County Attorney's office be authorized to advertise the proposed revision for public hearing at the Board's March 19, 2009 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. Interim County Attorney Burton requested that the Board authorize his office to advertise the Deed of Bargain and Sale from Mr. and Mrs. Whitley for conveyance to the County's Industrial Development Authority for the intermodal park for public hearing at the Board's March 19, 2009 meeting. Supervisor Wright moved that the Interim County Attorney's office be authorized to advertise the Deed of Bargain and Sale pertaining to the Whitley property for public hearing at the Board's March 19, 2009 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. Interim County Attorney Burton requested that the Board authorize his office to advertise the Deed of Bargain and Sale from Mrs. Hughes for the transfer of property to the County's for the intermodal park for public hearing at the Board's March 19, 2009 meeting. Supervisor Wright moved that the Interim County Attorney's office be authorized to advertise the Deed of Bargain and Sale pertaining to the Hughes property for public hearing at the Board's March 19, 2009 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. Interim County Attorney Burton presented a Resolution to Authorize the Establishment of Medical Transportation Services in Isle of Wight County, Virginia by American Lifeline Medical Transport, Inc. for the Board's consideration. He advised that the resolution is required for proper Iicensing by the Virginia Department of Health which he recommends the Board authorize the Chairman to sign on behalf of the Board. Supervisor Wright moved that the following Resolution be adopted: 31 RESOLUTION TO AUTHORIZE THE ESTABLISHMENT OF MEDICAL TRANSPORTATION SERVICES IN ISLE OF WIGHT COUNTY, VIRGINIA BY AMERICAN LIFELINE MEDICAL TRANSPORT, INC. WHEREAS, Section 15.2 -955 of the Code of Virginia (1950, as amended) prohibits the establishment of an emergency medical services organization without the prior approval of the governing body; and WHEREAS, American Lifeline Medical Transport, Inc. has recently moved its operations to Isle of Wight County and now seeks such approval from the Isle of Wight County Board of Supervisors in order to obtain the necessary license to provide such service in Isle of Wight County from the Virginia Department of Health pursuant to Title 12, Agency Number 5, Chapter 31, Part II, Article 1 of the Virginia Administrative Code (12 VAC 5 -31 -420); and WHEREAS, the Isle of Wight County Board of Supervisors supports an increase in medical services to the citizens of Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that American Lifeline Medical Transport, Inc. is hereby authorized to provide medical transportation services within the jurisdictional boundaries of Isle of Wight County, Virginia. 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 tap fees refund to Sasser Construction Company which exceeds $2,500 and which requires the Board's approval. He advised that the Treasurer and the Commissioner of Revenue are recommending approval of the refund in the amount of $8,000 for tap fees which were paid for, but not used by Sasser Construction Company. Supervisor Bradshaw moved that the Board authorize the Interim County Attorney to sign the letter of request dated February 11, 2009 indicating the Board's consent of a refund in the amount of $8,000. 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 advised that he had nine (9) matters to discuss with the Board later during the closed meeting. // 32 Chairman Brown called for the Community Development report. Ms. Walkup presented the application of Trent S. Butler for a waiver to Section 3.2.4A9 of the Subdivision Ordinance in which the applicant is requesting the ability to sell a family member lot prior to the required possession period. She advised that the applicant has provided documentation that the conveyance is to satisfy a medical - related financial obligation that had not been contemplated. Supervisor Clark moved that the waiver request to the Subdivision Ordinance 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. Mr. Walkup presented the application of New Cingular Wireless PCS, LLC, applicant, for preliminary site plan approval for a proposed 165 foot tall monopole communications tower and associated equipment located on .029 acres of a 5.0 acre parcel for the Board's consideration. Supervisor Clark moved that the application of New Cingular Wireless PCS, LLC 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. 1/ Chairman Brown called for the Parks and Recreation report. Mark W. Furlo, Parks Administrator, formally introduced Ms. Darlene Keyt, the County's new Event/Fair Coordinator. Chairman Brown called for the General Services report. Edwin P. Wrightson, Director of General Services, presented a request from the Virginia Department of Transportation to connect to the Town of Smithfield's water system due to a failing well. He advised that the Town of Smithfield approved the request in December, 2008. Supervisor Casteen moved that VDOT's request to connect to the Town of Smithfield's water system be approved. The motion was defeated by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting against the motion and Supervisor Casteen voting in favor of the motion. 33 Supervisor Bradshaw commented that this is an opportune time for staff to discuss with VDOT the County's need for drainage issues to be addressed on Routes 460 and 10. Supervisor Clark moved that Mr. Wrightson be directed to enter into discussions with VDOT conducive with the Board's discussion tonight relative to the drainage issues with Route 460 and Route 10 and bring the matter back at the Board's March 5, 2009 meeting. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. /1 Chairman Brown called for the County Administrator's report. County Administrator Caskey presented a recommendation by staff that the Board give consideration to postponing, for one (1) year, the reassessment of real property. He advised that included in the agenda is a memorandum from the Commissioner of Revenue recommending that the Board move forward with the reassessment for FY 2010. Supervisor Casteen moved that the reassessment go forward as planned. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; Supervisor Clark absent for the vote; and, no Supervisors voting against the motion. Liesl R. DeVary, Director of Budget and Finance, presented a proposed Capital Improvement Plan (CIP) for FY 2010 -14, as recommended by the Planning Commission at an estimated $73.5 million over the five (5) years of which 40% is attributable to public utilities; 27% attributable to economic development; 14% for parks and recreation; and, 8% for fire and rescue. She advised that the ten (10) year CIP is approximately $277 million, of which 89% will be funded by the issuance of debt. She recommended that the Board authorize staff to advertise the CIP for FY2010 -14 for public hearing at the Board's March 19, 2009 meeting. She noted that staff will provide an update to the Board at its March 5, 2009 meeting on the capital projects and recommend which ones might be reallocated responsive to the economic downturn. Supervisor Bradshaw moved that the Board authorize staff to advertise a public hearing on the County's CIP for FY2010 -14 for the Board's March 19, 2009 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. 34 Arthur E. Berkley, Director of Inspections, updated the Board responsive to the implementation of an emergency electrical service reconnection procedure as a result of an emergency incident that occurred over the Christmas holidays. Donald T. Robertson, Director of Resource Information and Legislative Affairs briefed the Board relative to procedures put in place to ensure that certain errors are prevented from occurring in the future with respect to the County Newsletter. County Administrator Caskey requested the Board's direction with respect to the scheduling of a Town Hall Meeting. Supervisor Wright moved that the Board hold its 2009 Town Hall Meeting on April 3, 2009 at 7:00 p.m. in the Windsor District. Mr. Robertson is to check on the availability of the Windsor High School auditorium. 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. Robertson briefed the Board on the status of certain critical legislative issues under consideration by the members of the General Assembly, to include the issue of imminent domain, which had been defeated. He advised that staff will be closely monitoring the issue of transportation funding and House Bill 1872, which involves the restructuring the Board of Directors for the Southeastern Public Service Authority. He advised that passage of House Bill 2247 granting permission for the Board to place a lien on delinquent water and wastewater bills looks positive at this time, as well as the legislation concerning smoking bans in restaurants; the naming of the bridge that connects the County and the City of Franklin the Holland - Councill Memorial Bridge; and, the Bill introduced that extends the moratorium on annexation. He advised that staff is continuing to request information pertaining to the Federal legislation involving the Economic Stimulus Bill. /1 Chairman Brown called for consideration of the Consent Agenda. A. Contract Management Week A Resolution to Declare the Week of April 5 -11, 2009 as Contract Management Week B. Tax Exemption Policy C. Application for Grant Funds — Bulletproof Vest Partnership Program 35 Resolution to Accept and Appropriate Grant Funds from the Department of Justice for the Bulletproof Vest Partnership Program D. V -Stop Program FY 2008 -09 E. Appropriation of Carryover Operating and Capital Projects Funding Remaining at June 30, 2009 Resolution to Appropriate Funds from the Undesignated Fund Balance of the E -911 Fund for Equipment Purchases for the Backup Site F. Funding of Smithfield Old Town Curb Market Resolution to Accept and Appropriate Funds for the Smithfield Old Town Market G. Isle of Wight Museum/Summary of Expenditures/Encumbrances H. Section 8 Report I. Project Status Update Related to Route 460 Flooding Impacts in Zuni J. Monthly Engineering Projects Report K. Monthly Financial Reports for County and Schools L. Proposed Amendments to the Isle of Wight County Planning Commission By -Laws M. Addendum No. 1 to CDBG Management Assistance Contract By and Between County of Isle of Wight, Virginia and K. W. Poore and Associates, Inc. under the Booker T. Estates Comprehensive Community Development Project under the Small Cities Community Development Block Grant Program N. Delinquent Real Estate Tax Collection Monthly Report O. November 14 -15, 2008 Strategic Planning Retreat Minutes P. November 20, 2008 Regular Meeting Minutes Supervisor Bradshaw moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5 -0) with Supervisors 36 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Brown called for Appointments. Supervisor Wright moved that James O'Briant be appointed as the Planning Commission member representing the Windsor District on the Planning Commission's Development Review Committee. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, CIark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved to reappoint himself to serve on the Planning Commission. 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 Brown moved that he be appointed as the Planning Commission member representing the Hardy District on the Development Review Committee. 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 Don Rosie be appointed as the Planning Commission member representing the Carrsville 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 Casteen moved that Lars Gordon be appointed as the Planning Commission member 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 Casteen moved that Ron Pack be reappointed to serve on the Industrial Development Authority. 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 Brown called for Old Business. A. The application of Edward R. and Sharon C. Lenz, owners, for an exception to the Chesapeake Bay Preservation Area Ordinance, 37 for two adjacent lots. Specifically, Section 4002 (B)(2)(a.) to allow encroachment of up to 50 feet into the 100 foot Resource Protection Area Buffer for the construction of a single- family home on each lot. Lot 59, containing nearly 0.51 acres of land, and Lot 60, containing just over 0.40 acres of land, are located in the C. L. Obrey Subdivision on the north side of Lakeview Lane, Carrollton, in the Newport Election District. Ms. Walkup presented the application. She advised that included in the agenda are the conditions that staff recommends the Board consider in approving this application. William Riddick, Attorney representing the applicant, advised that the applicant does have a concern with staff's recommendation that the applicant change the side - loading garage to a front - loading garage. Supervisor Clark moved that the exception request be approved with the following conditions: 1. Approve the proposed two -story house plan with a construction footprint, including the attached garage, of 3,570 square feet and living space of 3,047 square feet; 2. Allow no additional encroachment for accessory structures, decks, or impervious surfaces; 3. Encroachment into the landward 50 feet of the Resource Protection Area Buffer is not to exceed 48 feet; 4. Require the usual Best Management Practice maintenance agreement for the pervious pavers and for the landscaping 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. Chairman Brown called for the Board's consideration of the following: B. The application of Edward R. and Sharon C. Lenz, owners, for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002 (B)(2)(a.) to allow encroachment up to 50 feet into the 100 -foot Resource Protection Area (RPA) buffer for the construction of a single - family residence. The property, containing approximately 0.040 affected acres of land, is known as Lot 60, of the C. L. Obrey Subdivision on the north side of Lakeview Lane, Carrollton, in the Newport Election District. Supervisor Clark moved that the application be approved with the 38 following conditions: 1. Approve the proposed two -story house plan with a construction footprint, including attached garage, of 2,563 square feet and living space of 2,317 square feet; 2. Require the usual Best Management Practice maintenance agreement for the pervious pavers and for the landscaping plan; 3. Allow no additional encroachment for accessory structures, decks, or impervious surfaces; 4. Encroachment into the landward 50 feet of the Resource Protection Area Buffer is not to exceed 38 feet. 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 advised that with respect to the comments offered by Mike Luter earlier in the meeting under Citizens Comments and his request that the Board reconsider its vote, the Board had held a public hearing on the application and had voted to approve the application with certain conditions. He stated once an application is approved with conditions, the owner acquires vested rights and the applicant would have the right to sue the County if the Board tried to change its vote. Supervisor Wright commented that the Board had been lead to believe that this company was the only one (1) in the world that provides this type of training and that he has since learned that there are two (2) other companies in Texas and one (1) in Georgia that are doing the same type of training. He requested that Attorney Riddick encourage the applicant to install a fence around the property. Attorney Riddick advised that the applicant had represented to him that their company was very specialized and that they were the only company that does what they do. He offered to convey the Board's sentiment about these issues to the applicants. Mr. Luter commented that the Board had approved the application based on information that was provided by the applicant, which has now been determined was inaccurate. He commented that a simple solution to his concern would be the installation of a fence to protect his nephews and other children in the neighborhood. Supervisor Clark advised that his decision was based on the land use and that he had thought the application was conducive with the area, not on the number of companies that do this type of training. He stated that this 39 business was previously located in Carrollton and the applicants have run this business in a manner that had their dogs at large all over the County without a single incident. Supervisor Bradshaw suggested that those who live in close proximity to the kennel ensure that the applicant complies with the Conditional Use Permit (CUP) because if any of the conditions of the CUP are violated, it can be revoked. /1 // // Chairman Brown called for New Business. Supervisor Clark requested that the request by Mary Connell under Citizens Comments be discussed with respect to the Board donating $5,500 to assist with the implementation of the feral cat ordinance which was previously adopted by the Board. Following discussion by the Board on the issue of it being notified of actions taken by the Finance Committee on items that have been referred to the Finance Committee by the Board, Supervisor Casteen moved that the Board be notified of actions taken by the Finance Committee under the Consent Agenda for the following Board meeting with respect to items that have been referred to that Committee. The motion was defeated by a vote of (3 -2) with Supervisors Bradshaw, Brown and Wright voting against the motion and Supervisors Casteen and Clark voting for the motion. Supervisor Bradshaw moved to continue the Board meeting past 11:00 p.m. 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 called for a closed meeting pursuant to Section 2.2- 3711.A.7 of the Code of Virginia concerning consultation with legal counsel requiring the provision of legal advice pertaining to Gately Communications; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to a tax matter of a company in the Carrsville District; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Department of Environmental Quality Consent Order regarding a sanitary sewer overflow; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Western Tidewater Water Authority; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel 40 requiring the provision of legal advice pertaining to the Southeastern Public Service Authority; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to Locust Grove; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Nogiec lawsuit; pursuant to Section 2.2- 3711.A7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Stoup property; and, pursuant to Section 2.2- 3711.A3 concerning the discussion regarding the acquisition of real property in the Carrsville District concerning the Blackwater River. Supervisor 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 (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Chairman Brown absent for the vote. Supervisor Bradshaw moved that the Board return to open session. 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 Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public 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 41 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Wright moved to approve a sole source contract with Gately Communications for the SCADA system. 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 Clark moved to authorize the Chairman to sign an agreement with Locust Grove settling the lawsuit after the plaintiff signs the agreement as discussed in closed 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. Staff was directed to obtain an option on the land near Benn's Grant and advise the Board via email. Responsive to a concern voiced by Supervisor Clark that a representative of Charter Communications had declined an invitation by him to attend a future Board meeting to address certain concerns forwarded by the County Administrator, County Attorney Burton advised the Board that he would pass this concern on to counsel. /1 At 12:45 a.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the mo Carey ills Sto , Clerk 42 s B. Brown, Jr., Chairma