Loading...
09-24-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY- FOURTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark (Arrived at 8:35 p.m.) Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk 1/ // Chairman Brown called the meeting to order at 6:00 p.m. Supervisor Bradshaw delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the Consent Agenda, add authorization to submit an application to the Chesapeake Bay Restoration Fund Advisory Committee for money to enhance erosion control at Fort Boykin; under the County Attorney's Report, add authorization to advertise Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Appendix B -2. Coastal Primary Sand Dune Zoning for public hearing on October 15, 2009; under the County Attorney's Report, add one (1) closed meeting item; and, under Public Hearings, Items (D) and (E) will be conducted first, followed by Items (A), (B) and (C). Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. // Chairman Brown called for Special Presentations /Appearances. 1 John Cooke, Emergency Planner for the Western Tidewater Health District, Rusty Chase, Isle of Wight County Emergency Services Director, and Katherine Goff, Public Information Officer, Isle of Wight County Schools, briefed the Board on their respective plans of response to the H1N1 virus. David Goodrich, School Board Chairman, advised the Board that the recent downturn in the economy has resulted in recent public construction projects being bid substantially below prices quoted in the past and presents an excellent opportunity for the County to accelerate building plans in order to take advantage of sizeable reductions in building costs. He advised that Construction Control of Virginia is a firm experienced in school construction funding and is present tonight to provide the Board with the information shared earlier with the School Board. Lee McClure, Construction Control Corporation of Virginia, Brent Jeffcoat, McGuire - Woods, LLP and Joe Niggel, Southwest Securities provided a briefing to the Board with respect to the substantial savings that can be realized on capital improvements projects in today's market. 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 (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. /1 Chairman Brown called for Public Hearings: Noting that Supervisor Clark was not yet present at the meeting, Supervisor Wright moved that the Board defer its vote on Public Hearing Items (C), (D) and (E) until Old Business. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Brown called for a public hearing on the following: A. An ordinance to amend the following sections of Appendix B. Zoning: Amendments, Section 1 -1016 (Conditional Zoning), Section 1- 1019.D.1 (Variances), and Section 1- 1020.H.1 (Nonconforming Situations, Restoration or Replacement) 2 Amy Ring, Assistant Director of Planning and Zoning, advised that the proposed amendments are a result of recent legislative changes by the General Assembly. Chairman Brown called for persons to speak in favor of or in opposition to the amendments. 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 be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING: SECTION 1 -1016 (CONDITIONAL ZONING), SECTION 1- 1019 (VARIANCES), AND SECTION 1 -1020 (NONCONFORMING SITUATIONS, RESTORATION OR REPLACEMENT). WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and 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 ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Section 1 -1016 (Conditional Zoning), Section 1 -1019 (Variances), and Section 1 -1020 (Nonconforming Situations, Restoration or Replacement) of the Isle of Wight County Code be amended and reenacted as follows: Sec. 1 -1016. Conditional zoning. (a) In order to provide a more flexible and adaptable zoning method to permit differing land uses and to recognize effects of change, conditional zoning is permitted. That is, a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection and well -being of the community that are not generally applicable to land similarly zoned (7- 1 -97). (b) The owner of land seeking a rezoning may provide, by voluntarily proffering in writing, reasonable conditions as part of the application for rezoning, for which such conditions or proffers are in addition to the regulations provided for the zoning district. Proffered conditions shall constitute a part of the rezoning or amendment to the zoning map and shall remain in effect even if the property is sold. (c) The terms of all proffered conditions must be submitted in writing by the owner ten (10) days prior to a public hearing before the Board of Supervisors provided that the conditions are in accordance with the following: (1) The rezoning itself gives rise to the need for the conditions (7- 1 -97); (2) Such conditions have a reasonable relation to the rezoning; and (7- 1 -97), (3) All such conditions are in conformity with the Isle of Wight County Comprehensive Plan (7- 1 -97). (d) In determining the reasonableness and acceptability of voluntary proffers, the Board of Supervisors of Isle of Wight County, Virginia, will follow the most recent cash proffer resolution and its supporting study, as a guide together with the most current capital improvements plan of Isle of Wight County, Virginia. (e) Pursuant to Section 15.2 -2302 of the Code of Virginia as amended, there shall be no amendment or variation of proffered conditions part of an approved rezoning until after a public hearing before the Board of Supervisors advertised pursuant to the provisions of this Ordinance. However, where an amendment to the proffered conditions is requested by the profferor, and where such amendment does not affect conditions of use or density, the Board of Supervisors may waive the requirement of a public hearing. Once so amended, the proffered conditions shall continue to be an amendment to the Ordinance and may be enforced by the Zoning Administrator pursuant to the provisions of the Ordinance. See, 1 -1019 Provisions for appeals, variances, and interpretations. (a) Boards of zoning appeals generally. (1) A Board of Zoning Appeals, as provided for in Section 15.2- 2308 of the Code of Virginia (1950), as amended, consisting of five (5) residents of the County of Isle of Wight, shall be 4 appointed by the circuit court judge of the County of Isle of Wight. (2) The terms of office shall be for five (5) years provided, however, that the members serving on the Board of Zoning Appeals on the effective date of this ordinance shall continue on such Board and shall serve for their remaining respective terms. The secretary of the Board of Zoning Appeals shall notify the court at least thirty (30) days in advance of the expiration of any term of office, and shall also notify the court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be re- appointed to succeed themselves. Members of the Board shall hold no other public office in the County of Isle of Wight except that one (1) may be a member of the Planning Commission of the County of Isle of Wight. A member whose term expires shall continue to serve until his successor is appointed and qualifies (7- 1 -97). (3) (4) Within the limits of funds appropriated by the governing body, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Board may receive such compensation as may be authorized by the governing body (7- 1 -97). (5) The Board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. For the conduct of the hearing and the taking of any action, the quorum shall not be less than a majority of all the members of the Board. The Board may make, alter and rescind rules and forms for its procedures, consistent with the ordinances of the County of Isle of Wight and the general laws of the Commonwealth of Virginia. The Board shall keep a full public record of its proceedings and shall submit a report of its activities to the governing body at least once each year (7 -1- 97). Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court, which appointed him, after a hearing held following at least fifteen (15) days' notice. (7 -1 -97) (b) Powers of the board of zoning appeals. The Board of Zoning Appeals shall have the following powers and duties (7- 1 -97): (1) To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this article or of any 5 ordinance adopted pursuant thereto after notice and public hearing as provided by Section 15.2 -431 15.2 -2204 (A) of the Code of Virginia (1950), as amended. (2) To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided, that the spirit of this ordinance shall be observed and substantial justice done (7- 1 -97). (3) To hear and decide applications for the interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by Section 15.2 -2204 (A) of the Code of Virginia (1950), as amended, the Board may interpret the map in such way as to carry out the intent and purpose of this ordinance for the particular section or district in question. The Board shall not have the power, however, to rezone property or substantially to change the location of district boundaries as established by the ordinance. (c) Appeals. (1) An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the County or municipality affected by any decision of the Zoning Administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant thereto. Any written notice of a zoning violation or a written order of the Zoning Administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within thirty (30) days in accordance with this section, and that the decision shall be final and unappealable if not appealed within thirty (30) days. The appeal period shall not commence until such statement is given. Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the Zoning Administrator, and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. (2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies 6 (3) (d) Variances. to the Board that by reason of facts stated in the permit a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board or by a court of record, on application and on notice to the Zoning Administrator and for good cause shown. In no event shall a written order, requirement, decision or determination made by the Zoning Administrator or other administrative officer be subject to change, modification or reversal by any Zoning Administrator or other administrative officer after sixty (60) days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the Zoning Administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the Zoning Administrator or other administrative officer or through fraud. The sixty (60) day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical or other nondiscretionary errors. (7 -1 -97) (1) The Board of Zoning Appeals is authorized to grant variances from the strict application of these regulations when a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where by reason of exceptional topographic conditions or extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property or where the Board is satisfied, upon evidence heard by it, that the granting of such variances will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant; provided, that all variances shall be in harmony with the intended spirit and purpose of this ordinance. (2) The Board of Zoning Appeals shall not authorize a variance unless it finds (7- 1 -97): 7 (A) That the strict application of this ordinance would produce undue hardship (7- 1 -97); (B) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (7- 1 -97), (C) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance (7- 1 -97). (D) No such variance shall be authorized except after notice and hearing as required by Section 15.2 -2204 (A) 15.2- 431 of the Code of Virginia (1950), as amended. (E) No variance shall be authorized unless the Board of Zoning Appeals finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this ordinance (7- 1 -97). (F) In authorizing a variance, the Board of Zoning Appeals may impose such conditions regarding the location, character, and other features of the proposed structure for use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with (7- 1 -97). (G) A variance may be issued for a specified duration or an indefinite duration (7- 1 -97). (H) The granting of a variance does not exempt the applicant from complying with all other requirements of this ordinance or any applicable County, state, or federal law (7- 1 -97). Whenever the Board of Zoning Appeals disapproves an application for a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective Board for a period of one (1) year unless the applicant clearly demonstrates that (7- 1 -97): (A) Circumstances affecting the property which is the subject of the application have substantially changed; or (7 -1 -97) (B) New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator. Such a request does not extend the period within which an appeal must be taken (7- 1 -97). (C) The Board of Zoning Appeals may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, as determined by the Zoning Administrator (7- 1 -97). (4) The burden of presenting evidence sufficient to allow the Board of Zoning Appeals to reach a favorable conclusion, as well as the burden of persuasion on those issues referenced herein, remains the responsibility of the applicant seeking the variance. (7 -1 -97) e. Interpretations. {1) The Board of Zoning Appeals is authorized to interpret the zoning map and to pass upon disputed questions of lot or zoning boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Zoning Administrator, they shall be handled as provided in Section 1- 1019.C, Appeals. (2) An application for a map interpretation shall be submitted to the Board of Zoning Appeals by filing a copy of the application with the Zoning Administrator. The application shall contain sufficient information to enable the Board to make the necessary interpretation (7- 1 -97). (3) Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply (7- 1 -97): (A) Boundaries indicated as approximately following the centerline of alleys, streets, highways, streams, or railroads shall be construed to follow such centerline (7 -1- 97). (B) Boundaries indicated as approximately following lot lines, corporate limits of a municipality and County boundary 9 lines shall be construed as following such lines, limits or boundaries (7- 1 -97). (C) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines (7- 1 -97). (D) Where a zoning boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map (7- 1 -97). (E) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment (7- 1 -97). (4) Interpretations of the location of floodway and floodplain boundary lines or boundaries shall be made by the Zoning Administrator. (7 -1 -97) Hearing required on appeals, and variances. (1) Before making a decision on an appeal or an application for a variance, the Board of Zoning Appeals shall hold a hearing on the appeal or application and shall give due notice to the parties of interest a public notice as required by Section 15.2- 431 15.2 -2204 (A) of the Code of Virginia (1950), as amended. (2) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within ninety (90) days of the filing of the application or appeal. In exercising its powers the Board may reserve or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the Board members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The Board shall keep minutes of its proceedings and other official actions, which shall be filed in the office of the Zoning Administrator and shall be public record. The Chairman of the Board, or in his absence the Vice- 1 0 (1) (3) Chairman, may administer oaths and compel the attendance of witnesses. (3) The hearing shall be open to the public and all people aggrieved by the outcome of the appeal or application shall be given an opportunity to present testimony and ask questions of persons who testify (7- 1 -97). (4) The Board of Zoning Appeals may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. In no event shall a continuance of the hearing extend the time frame for rendering a decision beyond the maximum days permitted by statute and subsection F(2), Hearing Required on Appeals, and Variances of this ordinance. g. Appeal of decision of board of zoninappeals. Any person or persons jointly or severally aggrieved by a decision of the Board of Zoning Appeals, or any taxpayer or any officer, department, board or bureau of the County may present to the Circuit Court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision by the Board of Zoning Appeals. (7- 1 -97). (2) Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the Board of Zoning Appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order (7- 1 -97). The Board of Zoning Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the ground of the decision appealed from and shall be verified (7- 1 -97). (4) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his 11 (5) findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review (7- 1 -97). Costs shall not be allowed against the Board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom.( 7-1 -97) h. Taxes and fees must be paid. (1) Taxes (2) Fees (3) All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for all variance or appeal. An application for a variance or appeal shall be accompanied by the prescribed application fee in accordance with Table 3 (Isle of Wight County Fee Schedule). No application shall be considered complete until the fee is paid. Fees for Engineering/Consultant Review If in the discretion of the County review of any request for a variance or appeal by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner /applicant shall be required to pay the fee for such review prior to consideration of the request by the County. Sec. 1 -1020. Nonconforminz situations. (a) General description. (1) If, within zoning district classifications established by this ordinance, or amendments subsequently adopted, there exist lots, buildings, structures or uses of land which were lawful prior to the enactment of this ordinance, or subsequent amendments, and which would not conform to regulations and restrictions under the terms of this ordinance or amendments thereto, or which could not be built or used under this ordinance, such nonconformities may continue to exist subject to the regulations contained in this section (7- 1 -97). 12 (2) The purpose of this article is to restrict buildings, structures, and uses, and to circumstances and conditions under nonconforming buildings, structures, and permitted to continue. (b) Changes in district boundaries. Whenever the boundaries of a district are changed, any uses of land or buildings, which become nonconforming as a result of such changes shall become subject to the provisions of this section. (7 -1- 97) (c) Continuation. (1) Nothing in this ordinance shall be construed to authorize the impairment of any lawful nonconforming situation; except, that land, buildings and structures and the uses thereof which do not conform to the regulations and restrictions prescribed for the district in which they are situated may be continued only so long as the existing or a more restricted use continues and such use is not discontinued for more than two (2) years, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures are continued in their then intensity and condition; and that the uses of such buildings or structures shall conform to such regulations whenever they are enlarged, extended, are reconstructed or structurally altered; and no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. (2) Any lot reduced in area or yard setback to a nonconforming lot by reason of a re- alignment or dedication of any existing public highway or by reason of a condemnation proceeding, is considered to be a nonconforming lot of record. Any lawful structure on the lot before such reduction in lot size occurs, by which such action is rendered nonconforming, shall be considered a legal nonconforming structure and may continue. However, this provision does not apply to the creation of new streets in a proposed subdivision (7- 1 -97). (3) 13 nonconforming specify those which such uses shall be Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or Manufactured Home Park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a (1) single - section home may replace a single- section home and a multi- section home may replace a multi - section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi - section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home pursuant to Section 15.2 -2307 of the Code of Virginia. (4) The burden of proof for determining nonconforming status shall be with the applicant. (7 -1 -97) (d) Verification of nonconforming uses prior to anv changes in nonconforming use or structure. Prior to the approval of any change in, enlargement, extension, are reconstruction, or structural alteration of, a nonconforming use or structure, the lawful status of the use shall be verified in writing by the Zoning Administrator. The Zoning Administrator may also verify in writing the lawful status of a nonconforming use not proposed to change upon the request of the owner of the property on which the use or structure is located or upon the request of a neighboring property owner. (2) In verifying the lawful status of a nonconforming use, the Zoning Administrator shall determine the following: (A) Whether the use, in fact, is a lawful nonconforming use as defined by this Article; and, if so, then: (B) The location and floor area (in square feet) of all buildings associated with the nonconforming use; and (C) The location, use and size of all structures other than buildings associated with the nonconforming use, and (D) The area of land (in square feet) devoted to all aspects of the nonconforming use (including buildings, parking, outside storage, travel ways, open spaces, etc.); and (E) A description of the principal use(s) and all accessory uses that make up the lawful nonconforming use as a whole. (3) Classification of use. If such determination results in the use, or any portion, being verified as a lawful nonconforming use, the Zoning 14 Administrator shall classify the overall nonconforming use of the property based on the zoning district in which the use would be a permitted use. If the use would be permitted in more than one (1) zoning district, the assigned classification shall be based on the Zoning District that is the least intense of all districts where the use would be permitted. The assignment of such a zoning classification shall not operate to change the zoning of the property on which the nonconforming use is located, but shall be used only in determining the applicable criteria for change of the nonconformance use under the provisions of Section 1- 1020(e), Permitted Changes of Nonconforming Uses and Structures. (4) Basis for the Zoning Administrator's Decision The decision of the Zoning Administrator shall be based on information provided by the owner of the property on which the nonconforming use is located, on information provided by other persons with knowledge of the property and on any other information available to the Zoning Administrator as public record. Such information may include, but shall be limited to, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal knowledge of the use and/or the property on which the use is located. (e) Permitted Changes of Nonconforming Uses and Structures (1) If the proposed change in use is from an existing non- conforming use to a use that will conform to a use permitted in the zoning district in which the property is located, the property owner must make application for the change in use in accordance with Section 5 -1003, Change in Use, and Section 1- 1013(a)(1), Zoning permit Required and Occupancy Permit Guidelines, in the same manner as authorized to make an initial use of a vacant lot. If, and in the event, conformity of land use with this Ordinance is achieved, the property may not later revert to the nonconforming use. (2) If the intended change in use is to a principal use that is permitted by right in the zoning district classification where the property is located, but all of the requirements of this ordinance applicable to that use cannot be complied with, then an exception or waiver, as required by the applicable sections of this ordinance shall be obtained from the appropriate 15 (3) (f) Repairs and maintenance A nonconforming structure may be repaired, provided such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it originally became nonconforming. (g) Expansion /Improvements to Nonconforming Uses and Structures (1) (2) Any permitted expansion shall occur only on the lot occupied by the nonconforming use or structure and no area of any lot not originally devoted to the nonconforming use shall be utilized for any aspect of such expansions. (3) approval authority. In considering such requests, financial hardship shall not be considered as justification for the exception or waiver, if approved. A nonconforming use or structure may be changed, enlarged, extended, are reconstructed or structurally altered only in accordance with the provisions of this Article and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under this ordinance) otherwise required by law. A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was designed or arranged to accommodate such use, provided, that current parking requirements shall be adhered to upon such extension. A nonconforming structure may be altered to decrease its nonconformity. (7 -1 -97) (4) Minor alterations, cosmetic modifications, interior renovations and similar changes for nonconforming uses or structures may be permitted, subject to the following standards: (A) Any building or structure that is conforming as to use, but is nonconforming as to the requirements of this chapter, including floor area, lot, yard, road frontage, setback, parking, loading spaces, fences, signs or height requirements, may be enlarged or structurally altered, if the alteration or enlargement complies with this article. (B) Such construction shall meet all current use requirements for the zoning district assigned by the zoning 16 administrator as a part of the nonconforming use verification process. (5) A nonconforming single- family detached dwelling may not be expanded, except as provided for in this Article. In addition, new or expanded detached residential accessory structures or uses (such as a storage shed, garage, swimming pool, etc.) may be permitted subject to the provisions of this Article. Expansion of the dwelling and new or expanded detached accessory structures and uses shall meet all current zoning requirements, including height, yard and setbacks, for the zoning district in which they are located. In no case shall a nonconforming one- family dwelling be modified to accommodate additional dwelling units. (6) For commercial, industrial, other non- residential uses or residential uses, other than a single family detached use, where the use is compatible with the proposed land use district as designated by the Comprehensive Plan, but where the current zoning requirements (including, but not limited to, parking, yards, setbacks, landscaping, screening and buffering, height, signs, lot coverage, connection to public sewer and water) are not met, expansion of the building, and expansion of the land area within the lot devoted to activities other than buildings, may be approved, provided all current zoning requirements applicable to the expansion are met. (A) A one -time exemption may be granted by the Zoning Administrator for properties located in the Highway Corridor Overlay District in accordance with Section 6- 1005.D. (7) For commercial, industrial and other non - residential uses not connected to public water and sewer, where the expansion of a use compatible with the proposed land use district as designated by the Comprehensive Plan, and meeting all zoning requirements except for connection to public water and sewer, expansion of buildings and the land area within the lot devoted to activities other than buildings may be permitted subject to a waiver granted by the Board of Supervisors upon recommendation from the Planning Commission. (8) Existing commercial, industrial and other non - residential uses compatible with the proposed land use district as designated by the Comprehensive Plan, and which have been made nonconforming with respect to open space, perimeter landscape requirements or setback requirements as a result of a right -of -way dedication to the County or the Virginia 17 Department of Transportation without compensation shall be allowed to expand the buildings and the land area devoted to the activity only to the extent that would have been permitted under the ordinance requirements prior to the dedication. (9) Improvements may be made to a nonconforming use or structure for the sole purpose of accessibility or public safety when such improvements are necessitated by a local, state, or federal law. Such improvements may be approved by the Zoning Administrator and are not subject to Items 3, 4 and 5 of Section 1- 1020.G. (h) Restoration or Replacement (1) A residential or commercial nonconforming structure damaged or destroyed by a natural disaster, casualty, or other act of God, may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner of the property shall have the right to do so. The owner shall apply for a zoning and building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Flood Plain Management Overlay District as contained in Article VI of this ordinance. Unless such building is repaired rebuilt or replaced and construction completed within two (2) years of the date of the natural disaster, casualty, or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of Section H(2) below. However, if the nonconforming building is in area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, an additional two (2) years shall be provided for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. (A)One (1) extension not exceeding ninety (90) days may be granted by the Zoning Administrator if it is determined that such additional time is required to reasonably complete the construction, repair or rebuild the replacement residence. (2) "Casualty" shall mean as result of a fire or other cause beyond the control of the owner or by an act of nature, and shall not be caused by age or ordinary wear and tear or damage intentionally 18 caused by the owner or an agent thereof. For purposes of this section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind - driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under Section 18.2 -77 or 18.2 -80 of the Code of Virginia, and obtain vested rights under this section. (3) All other nonconforming uses or structures destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before such an occurrence shall exceed fifty percent (50 %) of the current replacement value of the structure at the time of damage, it shall be restored only if it complies with the requirements of this ordinance. (A) When such use or structure is damaged less than fifty percent (50 %) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction. (4) The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use. (7 -1 -97) (5) Nonconforming uses other than buildings and signs (such as, but limited to, underground storage tanks, private sewage disposal systems and parking lots) may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the Zoning Administrator, provided the new location is less nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood. (6) Such restoration shall not include any minor alterations, cosmetic modifications, interior renovations or similar changes unless approved under the provisions of Section 1- 1020.G, Expansion/Improvements to Nonconforming Uses and Structures, of this Article, nor shall such restoration include any expansion unless approved under the provisions of Section 1- 1020.G, Expansion/Improvements to Nonconforming Uses and Structures. Such restoration may include changes that 19 make the use less nonconforming than it was prior to the casualty. (7) Redevelopment of a site which is non - conforming as to lot coverage standards shall be permitted to maintain lot coverage on site equal to or less than the existing impervious coverage on site at the time of redevelopment, provided that the post - development stormwater runoff shall meet the quality and quantity requirements or the County Chesapeake Bay Preservation Area Ordinance and stormwater management regulations. (i) Moving a Nonconforming Use or Structure No structure used as part of a nonconforming use shall be moved to any other lot unless such lot is properly zoned to permit the use, nor shall such a structure be moved within the lot on which it exists, unless a relocation is specifically provided for in other sections of this Article. (j) Certifications (1) The construction or use of a nonconforming building or Iand area for which a zoning permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is complete within one (1) year or such use of land is established within thirty (30) days after the effective date of this ordinance. (7 -1 -97) (k) Undeveloped Nonconforming Lots (1) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no principal building upon it or if there is a principal building upon it which is physically unsafe or unlawful due to lack of repairs and maintenance and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition. A change in use of a developed nonconforming lot may be accomplished in accordance with Section 5 -1003. (2) When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is nonconforming as to the lot area, lot width and/or frontage, or lot depth, or a combination thereof, required by the zoning district, unless specifically prohibited, the lot may be used as proposed just as if it were conforming, provided all other requirements of the zoning district are met or the Board 20 of Zoning Appeals establishes setbacks in accordance Section 1 -1019, Provisions for Appeals, Variances, Interpretations. (A) If a lot lacks street frontage, it must be documented that the lot has an unrestricted right of ingress and egress to a public street. (7 -1 -97) (3) For undeveloped lots zoned for commercial, industrial and other non- residential uses located in the Highway Corridor Overlay District, the Board of Supervisors upon recommendation from the Planning Commission may grant exemptions, whether partial or total, from Highway Corridor Overlay provisions in accordance with Section 6- 1005(d), Exemptions to the Highway Corridor District Requirements. (4) If two (2) or more undeveloped lots or combinations of lots with continuous frontage under the same ownership are of record at the same time of passage or amendment of this article, and if all or part of the lots do not meet the requirements established for lot area and width, the lands involved shall be considered to be an unsubdivided parcel for the purposes of this article, and no portion of said parcel shall be used or sold in a manner diminishing compliance with the area and width requirements applicable to such nonconforming lot (7- 1 -97). This subsection shall not apply to a nonconforming lot if it is determined that a majority of the developed lots located on either side of the street where such nonconforming lot is located and within five (500) hundred feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots, but not to require such combinations when it would be clearly out of character with the manner in which the neighborhood had previously been developed (7- 1 -97). Abandonment and discontinuance of nonconforming situation (1) In the event a nonconforming use ceases for a period of two (2) years or more, then the nonconforming use shall be deemed abandoned and compliance with this ordinance shall be required. The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use. (2) When a structure or use made nonconforming by this ordinance is vacant or discontinued at the effective date of this 21 ordinance, the two (2) year period for purposes of this article begins to run on the effective date of this ordinance. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Brown called for a public hearing on the following: B. An ordinance to amend the following sections of Appendix A, "Subdivisions," also known as the County Subdivision Ordinance: Section 5.2, "Responsibility for Improvements" and Section 6.2, "Monument Placement and Materials." Ms. Ring advised that the proposed amendments are a result of recent legislative changes by the General Assembly. Chairman Brown called for persons to speak in favor of or in opposition to the proposed amendments. 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 be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX A, "SUBDIVISIONS," ALSO KNOWN AS THE COUNTY SUBDIVISION ORDINANCE: SECTION 5.2, "RESPONSIBILITY FOR IMPROVEMENTS" AND SECTION 6.2, "MONUMENT PLACEMENT AND MATERIALS." WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors also seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix A, Subdivisions, Section 5.2, "Responsibility For Improvements" and Section 6.2, "Monument Placement 22 and Materials" of the Isle of Wight County Code be amended and reenacted as follows: 5.2 Responsibility For Improvements A. The applicant is responsible for providing all required improvements in conformance with the requirements of this Ordinance and any other applicable ordinances, codes, rules, or regulations. All costs associated with the installation of said improvements remains the responsibility of the applicant and any bond or other fiscal surety posted as a condition of approval may not be released until construction has been inspected and approved by the appropriate engineer or regulating authority (see Section 3.2.8.E, Performance Guarantee). The following forms of fiscal surety will be accepted: Cash Cashier's Check Certified Check Surety Bond Letter of Credit Any other form of surety must be approved by the Isle of Wight County Attorney prior to acceptance. B. The amount of such fiscal surety shall not exceed the total of the estimated cost of construction based on unit prices for new public or private section construction in the County and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 10 percent of the estimated construction costs. Section 6.2, "Monument Placement and Materials" 6.2.1 Benchmarks /Coordinate System 6.2.2 General A. All monuments must be installed by the subdivider and must meet the minimum specifications. B. Prior to recordation of the final plat, all boundary monuments_required by paragraph 6.2.3 (below) are required to be set. The professional engineer or land surveyor preparing the plat may include certification (on the plat) that any additional monuments required by this Section will be set on or before a specified later date. This date must be approved by the Subdivision Agent. 23 C. Upon completion of subdivision streets, sewers and other improvements, the subdivider must make certain that all required monuments are clearly visible for inspection and use. D. The setting of any monument at any time after recordation of the final plat will be determined from direct measurements between the established monuments of record rather than as precisely stated or shown on the recorded plat. 6.2.3 Specific A. All boundaries, both exterior and interior, of the original survey for the subdivision must be marked as provided in 18 VAC § 10- 20-370(B), and as further required by this Section. B. All street corners, lot corners, all points where the street line intersects the exterior boundaries of the subdivision, and at right angle points, and points of curve in each street shall be marked with reinforced steel rod not less than five - eighths inch in diameter or galvanized pipe not less than three - fourths inch in diameter, said rod and/or pipe to be at least 24 inches long and driven so as to be flush with the finished grade. C. At least two of the required monuments shall be stone or reinforced concrete, 30 inches long by four inches wide or five inches in diameter. These monuments shall be set at opposite ends of the subdivision. The remaining monuments materials may be: 1) Iron pipe at least three - quarter inches in diameter and at least 22 inches in length; or 2) Solid square or round iron bars, 22 inches in length, with a minimum weight of 1.043 pounds per linear foot. D. New major subdivisions may be required to provide at least two new benchmarks in a location to be specified by the Subdivision Agent. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Brown called for a public hearing on the following: C. The application of the Isle of Wight County Board of Supervisors and the Isle of Wight County School Board to remove Tax Map Number 39 -01 -014, 13100 Poor House Road, approximately 14.6 acres owned by the Isle of Wight County Board of Supervisors for the purpose of constructing an animal shelter, and Tax Map Number 39- 01 -014A, 17061 Education Drive, approximately 6.3 24 acres owned by the Isle of Wight County School Board, from the Courthouse Historic District. Ms. Ring presented the application for the Board's consideration. Chairman Brown called for persons to speak in favor of or in opposition to the application. William Bell, on behalf of the Isle of Wight Ruritan Club, expressed that organization's desire to be removed from the Courthouse Historic District. Interim County Attorney Burton advised that the advertisement for the public hearing tonight is for the County's and School's application and does not include the Ruritan property. He advised that in order for the Ruritan Club to be considered for removal from the Courthouse Historic District, the request must be sent to the Planning Commission for its consideration and then back to the Board. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright moved that consideration of the application be deferred to Old Business and the arrival of Supervisor Clark. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Brown called for a public hearing on the following: D. The request of Isle of Wight County, owner, for a Conditional Use Permit on Tax Map Parcel 39 -01 -014. Said property, approximately 14.66 acres, is located on the east side of Courthouse Highway (Route 258), south of Poor House Road (Route 692) in the Windsor Election District. The proposed use of the property is for replacement of the animal control shelter. Ms. Ring presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright moved that the application be deferred to Old Business and the arrival of Supervisor Clark. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Brown called for a public hearing on the following: E. The request of Carrollton Village LLC, owner, and Commonwealth Engineering, applicant, for a rezoning of Tax Map Parcels 34 -01 -108 and 34- 01 -108B in the Newport Development Service District from Rural Agricultural Conservation (RAC) to Conditional - General Commercial (C- GC). Said property, approximately 8.028 acres, is located on the east side of Carrollton Boulevard (Rt. 17), south of Sugar Hill Road (Rt. 661) in the Newport Election District. The proposed use of the property is for a proposed office condominium and retail development. Ms. Ring presented the application for the Board's consideration. Chairman Brown called for persons to speak in favor of or in opposition to the request. Robert Burnett, 15150 Batise Estates, read a letter into the record from his wife voicing her concern that a number of issues still remain unresolved. He read that no ordinance exists and no exits have been established for the buffer. He read that a commercial building located in close proximity to a residential area will decrease surrounding property values by 10 %. He recommended that the density of the plan be reduced and that the developer needs to proffer a light at the Sugar Hill/Route 17 intersection. Mr. Burnett read a letter from his neighbor, Mr. Batise of 15156 Batise Court, stating that recommendations regarding lighting, landscaping, buffering, roads, trash pick -up and fence elevation have not been included in a proffer, as promised by Mr. Cohen. He read that Mr. Cohen and an adjacent property owner have also not yet resolved certain issues currently on the table. He requested that the landscaping buffer be extended 100 yards from the adjacent property line with the road part of the buffer area. He also requested that the statement by Mr. Cohen that the rear of the building would be identical to the front be added to the proffers and that funds for a traffic light on Highway 17 also be proffered. Thomas Finderson of the Newport District commented that it is upsetting to him to hear that there are two (2) different opinions regarding where the property lines are located. He noted that Mr. Cohen has not proffered that there will be no adult book store and he expressed concern that the conceptual drawing shown by Mr, Cohen only depicts the front elevation 26 and not the rear. He noted that Mr. Cohen also has not proffered a storm water outfall and that he should be required to mitigate the left -turn visibility problem at Sugar Hill Road. He commented that if Mr. Cohen had wanted to be citizen friendly, he would have offered office in the rear and retail in the front, which would be quieter. He noted that there is more square footage in this project than Eagle Harbor and there is also less acreage and he would request that the Board deny the project until it becomes citizen friendly. Sharon Hart of the Newport District commented that this commercial project is too dense to be in the middle of all the surrounding residential properties. She commented that development should not only be business friendly, but citizen friendly. She stated that this project, as proposed, will devalue the homes in Batise Estates and she recommended that the density be reduced. She stated that the residential lots on Brogain Lane need to be included in the green buffer and the proffers need to state that the commercial entrance road and the 50 -foot right -of -way for a future road will be outside of the buffer. She stated that the condition under Item 2C of the proffers should go with the deed to any future owner. She recommended that Mr. Cohen set aside a proffer in case a stop light is warranted in the future. She stated that the trees are not located on the Batise property and Mr. Cohen should be required to provide a buffer. She stated that the residents of Batise Estates have requested that the following uses be prohibited: commercial kennel, communication tower and restaurant drive -in fast food; however, they have not been included in the proffers. Mitchell Wilcox, Commonwealth Engineering, responded that the reason that the uses above were not included in the proffers is because they all require a Conditional Use Permit. He stated with respect to the tree line, when Mr. Cohen comes back for site plan approval, the plan will require a 25 foot buffer. He advised that pursuant to the requests of residents for a fence, Mr. Cohen will be providing a fence or berm, whichever they prefer. Elliott Cohen, applicant, advised that he had received an email this afternoon from Mr. Batise after meeting with him and believing that all concerns had been addressed. He stated with respect to lighting, he has explained to Mr. Batise that the ordinance not only requires that the applicant show the location of the light poles, but requires that the applicant do a full page with lighting engineer illustrating where the light is going to fall on the property. He stated with respect to the landscape and buffer concerns, he advised that he has included in his proffers the fence that Mr. Batise requested. He added that he has also proffered 50 feet so that the County can build a road through his property to the back of Brogain Lane to achieve the connectivity that is desired. He advised that trash pickup has been proffered after 6 :00 a.m. or 7:00 a.m. if possible, because he is unsure if he can proffer something that he has no personal control over. He stated with respect to the finished building elevation, there will be dormers built into an "A" frame roof which doubles the space. He stated that the entire building, front and back, will be constructed of brick with a tiled roof. He stated with respect to 27 a traffic light, VDOT is not requiring a light at this time. He stated with respect to Mr. Burnett's concerns with the buffer, the County has buffer requirements which are being met by him. Lois Martin of Carrollton advised that he was unaware of the request until arriving at the meeting tonight. He stated that the proposed building backs up to his property and the proposed roadway coming in Brogain Lane is located on his property. He stated that there is already a right -of -way coming into his property off of Sugar Hill Road. Chairman Brown closed the public hearing and called for comments from the Board. Chairman Brown inquired if Mr. Martin had been properly notified as an adjacent property owner. Ms. Ring responded that staff surveys for all adjacent properties and sends out public notices for each application requiring a public hearing to all adjacent property owners. Supervisor Casteen moved that the request be deferred to Old Business and the arrival of Supervisor Clark. The motion was adopted by a vote of (4- 0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. // // /1 Chairman Brown declared a recess. Upon returning to open meeting, Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Brown called for the continuation of the presentation from Lee McClure, Construction Control Corporation of Virginia, Brent Jeffcoat, McGuire- Woods, LLP and Joe Niggel, Southwest Securities regarding school construction. Supervisor Bradshaw moved that the information be sent to the Board's Budget and Finance Committee for review and study. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and 28 Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. 11 Fred Glanville, President, Isle of Wight Christian Outreach Program, Inc., requested funding in the amount of $3,000 to assist with that organization's food program. Supervisor Bradshaw moved that the request be referred to County Administrator Caskey and staff for consideration and recommendation back to the Board. The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Nancy Guill, on behalf of the Alzheimer's Association, notified the Board about an upcoming memory walk on Saturday, October 17, 2009 beginning at 10:00 a.m. at the Joyner Field on Main Street in Smithfield. Supervisor Clark arrived at the meeting. Supervisor Bradshaw moved that staff be directed to advertise the Alzheimer's Association's memory walk on the County's PEG channel. 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 Regional Reports. With respect to the meeting of the Hampton Roads Economic Development Alliance, Supervisor Bradshaw reported that the Secretary of Commerce spoke on the State's activities. He advised that there are currently 127 active projects being worked on in the Hampton Roads area, of which 34 are new. He noted that the total number of projects for last year was 129. With respect to the meeting of the Hampton Roads Metropolitan Planning Organization, Supervisor Clark reported that transportation initiatives will be reprioritized and the public engaged in the process by conducting public hearings. With respect to the meeting of the Hampton Roads Partnership, Chairman Brown reported on the recent conference he had attended in Williamsburg. He advised that the County was complimented for its planning for the intermodal park with respect to the development of 29 warehouses, which are located near major transportation centers, as well as the County's investment in water. With respect to the Hampton Roads Planning District Commission, Supervisor Clark reported that only routine business had been discussed. County Administrator Caskey reported that presentations were received at the Southside Mayors and Chairs Caucus meeting by Opportunity, Inc. regarding regional efforts to continue workforce development and the summer youth employment program. He advised that Mayor Fraim had also provided an update on the high speed rail effort from Petersburg to the City of Norfolk. With respect to the Social Services Board meeting, Chairman Brown reported that the summer youth employment program had been very successful. He advised that the Homeless Prevention Rapid Rehousing Program received a grant in the amount of $363,000, of which 1/3 of that funding will be received by the County. He advised that the County also received $16,000 in stimulus funding for this year for a fee -based childcare grant. He expressed the Social Services Board's concern that its request for a new fire alarm has not been addressed by the Board. With respect to the Western Tidewater Regional Jail, Chairman Brown reported that the Superintendent's evaluation has been completed. He advised that while no monetary reward had been given due to budgetary constraints, a letter of commendation is to be placed in his personnel file. He stated that the Authority was encouraged to submit a letter to the regional jail in order to capitalize on inmate services for grass cutting and maintenance of the roads. Supervisor Clark reported that the Southeastern Public Service Authority has opted to accept an offer from Wheelabrator for the waste -to- energy plant; however, another proposal has been offered from ReEnergy Holdings, LLC to purchase the entire operation of SPSA. He advised that authoritative legislation requires that SPSA review and consider all bids or proposals under that legislation that has a possibility of reducing any of SPSA's costs. He advised that SPSA members favor the Wheelabrator contract because ReEnergy had the opportunity to bid on the original waste - to- energy sale, but choose not to, and one (1) of the contractual provisions of the ReEnergy offer is that each member jurisdiction remain in SPSA for an additional twenty (20) years, which is an unacceptable provision. He advised that as soon as the procedural requirements are met, he anticipates that SPSA will reject the ReEnergy proposal as being non - responsive. He requested that the Board adopt a resolution stating that the Board will not agree to enter into a twenty (20) year agreement as proposed by ReEnergy Holdings, LLC under any circumstances. 30 Supervisor Clark moved that the following Resolution be adopted and that the letter be presented to the SPSA Board at its next meeting: RESOLUTION WHEREAS, ReEnergy Holdings, LLC. has recently filed a unsolicited non- binding proposal with the Southeastern Public Service Authority (SPSA) to purchase all of SPSA's assets; and WHEREAS, the Code of Virginia (1950, as amended), requires SPSA to accept and review ReEnergy Holdings, LLC's proposal; and WHEREAS, one of the terms of ReEnergy Holdings, LLC's proposal is for the eight (8) jurisdictions, who are members of SPSA, to enter into a twenty (20) year agreement with the individual jurisdiction to provide its solid waste from the jurisdictions to ReEnergy Holdings, LLC. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County that it will not agree to enter into a twenty (20) year agreement as proposed by ReEnergy Holdings, LLC, under any circumstances. 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. With respect to the Finance Committee, Supervisor Bradshaw reported that a request received from the Department of Forestry is being deferred until December. He advised that staff is currently undertaking conducting an evaluation to determine the cost associated with the Department of Forestry utilizing County facilities at no cost to the State. He advised that the CIP will be considered and reviewed at the Planning Commission's December 2009 meeting with a public hearing in January 2010 and adoption at the Board's February 2009 meeting. He advised that staff is recommending approval of the request by the Social Services Board for a new alarm system in the Human Services building. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR HUMAN SERVICES FIRE ALARM SYSTEM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the installation of a fire alarm system in the Human Services building; and, WHEREAS, funds in the amount up to fifteen thousand dollars ($15,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2009 -10 General 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 fifteen thousand dollars ($15,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw reported that the Small Business Committee had held a successful first organizational meeting. Chairman Brown reported that Social Services currently pays $1.23 per square foot monthly for the Human Services Building, of which they occupy 70 %, which equals $1,200 monthly, including electrical services. Assistant County Attorney Popovich advised that the issue is with the accounting methods used by the State versus those used by the County. He advised that the purpose of the initial conversation with the County was to inform the County that, from a State level, all local departments would be scrutinized more closely by the State auditing offices. /1 Chairman Brown called for Transportation Matters. Eddie P. Wrightson, Director of General Services formally introduced Todd Morrison, VDOT Eastern Region Traffic Signal Operations Manager, who addressed the Board concerning signalization lights on Route 17 in the area of Eagle Harbor. He advised the Board that VDOT is currently conducting a Federal funded project along the Route 17 corridor from the Carrollton Volunteer Fire Department to the James River Bridge to improve traffic flow, which includes surveillance cameras with battery backup and the capability to hook up a generator in the event of an extended power outage. He stated that detection equipment is being installed to allow the system to predict traffic increases southbound in case of a bridge lift. 32 1/ Chairman Brown called for Citizens Comments. Bill Hayes, Hardy District, on behalf of the Isle of Wight Citizens Association, advised that the Association has been concerned about the Planning Commission over the last several months and makes the following recommendations to the Board: 1) Reduce the Commission to seven (7) members; 2) rotate the Chairman on an annual basis; 3) supply Commissioners with meeting packets no later than Monday of the preceding week to allow adequate time for review; 4) receive proffers to be received by staff 15 days prior to hearing, in accordance with the Zoning Ordinance; 5) Commissioners to review any promised changes to the proffers by the applicant prior to being forwarded to the Board to ensure inclusion; 6) recommend staff send a copy of subsequent changes by the Board to the Commissioners for purposes of education; 7) members shall serve for four (4) year terms in accordance with State code, at which time they must be either reappointed or replaced; and, 8) review attendance and absentee records of Commissioners to avoid issues with lack of quorum. Emerson Martin advised the Board that he had received a letter from the County as an adjoining property owner to the application for an office condominium and retail development by Carrollton Village LLC; however, he had been under the impression until tonight that his property would only be impacted at its border. He advised that the proposed right -of -way will be going through his property and he notified the Board that there is an existing right of way parallel with Brogan Lane. Sharon Hart commented that the transportation traffic study indicated that Sugar Hill Road and Route 17 would fail at build out of the Cohen property. She inquired if this would constitute a signal light at that intersection. MacFarland Neblett, VDOT Residency Administrator, responded that a Level "E" does qualify the need for a traffic signal although he would need to research when the left -hand turn out of Sugar Hill Road heading on Route 17 to the City of Suffolk is anticipated to reach that level. Ms. Ring advised that the Traffic Impact Analysis did recommend transportation improvements on Route 17 to increase the length of the left- hand turn lane at Sugar Hill Road and the turn lane length at Cedar Grove. Chairman Brown called for Board comments. Supervisor Clark reported on a recent article in The Smithfield Times which indicated that the Board was upset about Supervisor Casteen making a 33 Freedom of Information Act (FOAI) request; however, Supervisor Casteen did not make such a request. He stated that the entire article is based on a flawed premise that Supervisor Casteen made an FOIA request when he actually made an informal request which could have been accepted or rejected. He advised that if a formal FOIA request had been made, the Treasurer's office would have been under an obligation to answer it. He stated that this is not the only occurrence of misrepresentation from The Smithfield Times, such as the article about the Board's motion directing Supervisor Wright to investigate the option of being able to withdraw from SPSA and the headline in the paper read that the Board opts out of SPSA which completely and totally mislead the public. He commented that now that the Board meetings are aired, the public is realizing that The Smithfield Times' articles are not always factual. He commented that the Board was discussing School Board issues at its last meeting and he had commented that all public officials should be willing to meet with the public and the article in The Smithfield Times made it seem like he was only applying those comments to School Board members. Supervisor Bradshaw advised that his comments at an earlier meeting had also been misconstrued and taken out of context regarding consolidation of services when articles were written that stated that he was in favor of abolishing the School Board. // Chairman Brown called for the County Attorney's report. Interim County Attorney Burton, pursuant to the Board's previous direction, presented a withdrawal letter from the Chairman to the Executive Director of the Southeastern Public Service Authority advising of the terms and conditions of withdrawal of the County from the Authority. Supervisor Casteen commented that he is an anxious as the other Board members to withdraw from SPSA; however, he does not believe that sending the letter will accomplish anything on the part of the County. Supervisor Clark commented that chances are slim that the other participating member jurisdictions will allow the County to withdraw from SPSA; however, he did not see any harm in sending the letter. Supervisor Wright moved that the Chairman be authorized to execute the letter. 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 declared a 5 minute break. 34 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. // Chairman Brown called for the continuation of the County Attorney's report. Interim County Attorney Burton requested authorization to advertise for public hearing at the Board's meeting on October 15, 2009 an Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Appendix B -2. Coastal Primary Sand Dune Zoning. Supervisor Wright moved that the County Attorney's office be authorized to advertise the ordinance for public hearing at the Board's October 15, 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 advised that he had four (4) matters to discuss with the Board later in closed meeting. // Chairman Brown called for the General Services report. Mr. Wright requested the Board's authorization to waive all permit fees associated with the installation of private wells for residents and business owners impacted by the privately owned water system which serves eighteen (18) residents in the Walters community and which may fail at any time because of the encroachment of sand and the condition of the pump. He advised that the majority of the customers did not qualify for financial assistance through the USDA, although some may be eligible for Southeastern Rural Communities project loans. He advised that the cost for the County to dig new wells and install a distribution system is estimated to be $1 million dollars and it could not be done in the timeframe needed. Supervisor Bradshaw moved that authorization be given to waiving all permit fees related to the installation of private wells for residents and business owners impacted by the water system shutdown. 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. 35 Mr. Wrightson requested that the Board authorize a contract be awarded to Rountree Construction Company in the low bid of $247,870.60 responsive to the sewer problem that has been occurring in Eagle Harbor at Woodbridge Crossing and that the Chairman be authorized to execute the agreement pending review by the County Attorney's office. He further requested that the Board authorize the transfer and appropriation of CIP funding in the amount of $252,870.60 from the Route 58 Water and Sewer Extension Project to the Eagle Harbor Sewer Modifications Project at Woodbridge. Supervisor Wright moved that the contract be awarded for the Eagle Harbor Sewer Modifications Project at Woodbridge Crossing to Rountree Construction Company; that the Chairman be authorized to execute the agreement pending review by the County Attorney's office; and, that the following Resolution to Transfer Capital Improvement Program Funds from the Route 58 Water and Sewer Extension Project to the Eagle Harbor Sewer Modifications Project at Woodbridge be adopted: RESOLUTION TO TRANSFER CAPITAL IMPROVEMENT PLAN FUNDS FROM THE ROUTE 58 WATER AND SEWER EXTENSION PROJECT TO THE EAGLE HARBOR SEWER MODIFICATIONS PROJECT AT WOODBRIDGE WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia approves award of the Eagle Harbor Sewer Modifications Project at Woodbridge to the low bidder; and, WHEREAS, funds in the amount of two hundred fifty two thousand eight hundred seventy dollars and sixty cents ($252,870.60) need to be transferred from the Isle of Wight CIP Fund Balance for the Route 58 Water and Sewer Extension Project and appropriated to the Eagle Harbor Sewer Modifications Project at Woodbridge. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two hundred fifty two thousand eight hundred seventy dollars and sixty cents ($252,870.60) be appropriated via transfer to CIP funding for the Eagle Harbor Sewer Modifications. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 36 Mr. Wrightson notified the Board that the Southeastern Public Service Authority will be terminating recycling services in March, 2010. He also advised that the first meeting of the Refuse/Recycling Committee is scheduled for Tuesday, September 29, 2009 at 6:00 p.m. in the General Services conference room. He advised that the opportunity is being explored of jointly soliciting recycling bids, to include in -house recycling efforts. Mr. Wrightson formally introduced Frank Haltom, Assistant Director of General Services, to the Board. 1/ Chairman Brown called for the Economic Development report. Lisa T. Perry, Director of Economic Development, presented the Isle of Wight County 2008 Annual Report. Supervisor Wright moved that the 2008 Annual Report be approved for distribution. 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 County Administrator's report. Ron D. Reck, Director of Budget and Finance, presented a grant request from the Victim Witness office associated with the Commonwealth Attorney to solicit a grant from the Department of Criminal Justice Services under the V -STOP program. He advised that the grant does require a match from the County, but in view of the short timeframe in which to submit it, he would recommend that the Board proceed with authorizing the submission of the grant application and allow him to meet with the Commonwealth Attorney to identify the matching funds. He requested that the Board adopt a revised resolution withholding acceptance of the grant until staff can identify the matching funds. Supervisor Clark moved that the Board adopt the following revised Resolution authorizing submission of the grant application, but withholding acceptance of the grant (if awarded) until Victim- Witness staff can identify the matching funds. GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE FUNDS RECEIVED FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES 37 WHEREAS, the Board of Supervisors of Isle of Wight County desires to support an application for funding from the Virginia Department of Criminal Justice Services for the Victim Witness V -STOP Program. IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that a grant application for support of the V -Stop program may be submitted and; BE IT FURTHER RESOLVED that the Board of Supervisor's of Isle of Wight County will withhold acceptance of the grant (if awarded) pending the Commonwealth's Attorney identification of matching funds as are required by the grant. 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. Reck presented a Resolution to Accept and Appropriate Funds for Comprehensive Services in association with Comprehensive Services Act expenses, which are mandated by the State, for consideration by the Board. 2009 Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR COMPREHENSIVE SERVICES WHEREAS, Isle of Wight County is a participant in a regional program to provides benefits in accordance with the State Comprehensive Services Act, a program whose scope and benefits are mandated by the Commonwealth and, WHEREAS, CSA program guidelines require the County to make up any deficit between the actual cost of services its budgeted contribution for services at year end and; WHEREAS, a deficit in the amount of $40,435 existed on June 30, NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that an amount up to forty thousand four hundred thirty-five ($40,435) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008 -09 Comprehensive Services Act Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey requested that the Board give consideration to the location of its retreat scheduled for November 13, 2009 and November 14, 2009 and advise him about any topics the Board may wish to discuss at that time. Supervisor Bradshaw recommended that the Board hold its annual retreat on the campus of the Isle of Wight Courthouse on Friday evening, November 13, 2009 and Saturday, November 14, 2009. He noted that Mr. Chandler, in the past, has had a preference for round tables and that staff may wish to schedule the Demonstration Room in the Human Services Building. /1 Chairman Brown called for consideration of the Consent Agenda. A. National Arts and Humanities Month Resolution Recognizing October as the National Arts and Humanities Month B. Request for Certificate of Public Need — Riverside Health System Resolution of Support that the Virginia Department of Health Favorably Consider the Issuance of a Certificate of Public Need for the Ambulatory Surgery Center Proposed by the Riverside Health System C. Request for Certificate of Public Need — Sentara Healthcare Resolution of Support that the Virginia Department of Health Favorably Consider the Issuance of a Certificate of public Need for the Ambulatory Surgery Center Proposed by the Sentara Healthcare D. Application for Grant Funds — Virginia Association of Resource Conservation and Development Council Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds 39 from the Virginia Association of Resource Conservation and Development Council E. Application for Grant Funds — Virginia Department of Fire Programs Mini- Training Grant Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Fire Programs F. Tractor Purchase for Parks and Recreation Resolution to Approve a Contract for Capital Equipment G. Donation of Self Contained Breathing Apparatus to the Volunteer Fire Departments Resolution of Gift to the Volunteer Fire Departments H. Virginia Department of Transportation (VDOT) Acceptance of New Secondary Roads in Eagle Harbor, Tract 2, Phase 7 Resolution of the Board of Supervisors of Isle of Wight County Requesting Acceptance of Certain Roads in Eagle Harbor Subdivision, Tract 2, Phase 7, into the Secondary Systems of State Highways I. Western Tidewater Regional Jail Inmate Work Crews Resolution to Authorize Work by the Western Tidewater Regional Jail Authority Work Force on Property Owned by the County or Non Profit Organizations J. Monthly Financial Reports for County and Schools K. Planning Commission Action list of August 25, 2009 L. Status Report on Follow -up from July 16, 2009 Board of Supervisors Meeting M. July 16, 2009 Regular Meeting Minutes N. Authorization to submit an application to the Chesapeake Bay Restoration Fund Advisory Committee for money to enhance erosion control at Fort Boykin. Supervisor Bradshaw moved that Items (B), (C) and (I) be removed from the Consent Agenda and the remaining items approved (to include Item 40 (N) added under Approval 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. Regarding Items (B) and (C), Supervisor Wright moved to accept the endorsements of Riverside and Sentara Hospitals. 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. Regarding Item (I), County Administrator Caskey advised that the Towns of Smithfield and Windsor need to consider the adoption of a similarly worded resolution. Chairman Brown moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE WORK BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY WORK FORCE ON PROPERTY OWNED BY THE COUNTY OR NON PROFIT ORGANIZATIONS WHEREAS, Isle of Wight County, Virginia is a member jurisdiction of the Western Tidewater Regional Jail Authority; and, WHEREAS, the County has periodically utilized the Western Tidewater Regional Jail Work Force to remove litter from the County's primary and secondary highways; and, WHEREAS, the Isle of Wight County Board of Supervisors wishes to utilize the Western Tidewater Regional Jail Work Force to perform other tasks such as cutting grass on County-owned property. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, pursuant to Section 53.1 -128 of the Code of Virginia, authorizes the Western Tidewater Regional Jail Work Force to perform work, such as cutting grass on property owned by Isle of Wight County or nonprofit organizations. 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. /I Chairman Brown called for Appointments. Supervisor Wright moved to reappoint Tom Alphin to serve on the PACE Program. The motion was adopted by a vote of (5 -0) with Supervisors 41 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved to reappoint Dee Dee Darden to serve on the PACE Program. 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. The application of the Isle of Wight County Board of Supervisors and the Isle of Wight County School Board to remove Tax Map Number 39 -01 -014, 13100 Poor House Road, approximately 14.6 acres owned by the Isle of Wight County Board of Supervisors for the purpose of constructing an animal shelter, and Tax Map Number 39- 01 -014A, 17061 Education Drive, approximately 6.3 acres owned by the Isle of Wight County School Board, from the Courthouse Historic District. Supervisor Casteen moved that the application 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. Supervisor Bradshaw moved to direct staff to review the entire Courthouse Historical District; consider the request of the Isle of Wight Ruritan Club to be removed from that District; and, that all fees be waived associated with the removal of the Isle of Wight Ruritan Club. 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 consideration of the following: The request of Isle of Wight County, owner, for a Conditional Use Permit on Tax Map Parcel 39 -01 -014. Said property, approximately 14.66 acres, is located on the east side of Courthouse Highway (Route 258), south of Poor House Road (Route 692) in the Windsor Election District. The proposed use of the property is for replacement of the animal control shelter. Supervisor Casteen moved that the Conditional Use Permit 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 Brown called for consideration of the following: 42 Supervisor Bradshaw moved that the rezoning request be approved, as proffered. 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/ Supervisor Wright moved that the meeting time be extended 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. // With respect to the letter received from Grace Keen, President of the Isle of Wight Citizens Association, Supervisor Wright moved that staff be directed to draft a letter in response to Mrs. Keen's letter. 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. // The request of Carrollton Village LLC, owner, and Commonwealth Engineering, applicant, for a rezoning of Tax Map Parcels 34 -01 -108 and 34- 01 -108B in the Newport Development Service District from Rural Agricultural Conservation (RAC) to Conditional - General Commercial (C -GC). Said property, approximately 8.028 acres, is located on the east side of Carrollton Boulevard (Rt. 17), south of Sugar Hill Road (Rt. 661) in the Newport Election District. The proposed use of the property is for a proposed office condominium and retail development. Chairman Brown called for New Business. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.5 of the Code of Virginia relative to discussion of a prospective business where there has been no previous announcement has been made and the business' interest in locating utilities and pursuant to Section 2.2- 3711.A.7 concerning three (3) matters involving consultation with legal counsel requiring the provision of legal advice pertaining to economic development. Supervisor Bradshaw moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, 43 Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright 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 Wright moved that the following resolution be adopted: 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 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 /1 There was no action taken by the Board following the closed meeting. At 11:40 p.m., Chairman Brown moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and and no Supervisors voting against the Carey ills Sto'in, Clerk r., Chai 45 ht voting in favor of the motion, es B. Brown