12-17-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF DECEMBER IN
THE YEAR TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
Chairman Brown called the meeting to order at 5:00 p.m. and
delivered the invocation.
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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 County Attorney's Report, add a Resolution to
Appropriate Funds from the Unappropriated Fund Balance for the Purchase
of the Real Estate interest of Annette S. Tyler -Curry at Tyler's Beach Boat
Harbor; under the County Attorney's Report, add two (2) closed meeting
items; and under Old Business, add discussion of the Isle of Wight Scholar
Program.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4 -0) with Supervisors
Brown, Casteen, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Bradshaw absent for
the vote.
Chairman Brown called for Special Presentations /Appearances.
Lisa T. Perry, Director of Economic Development, in an update to the
Board regarding the announced closure by International Paper (IP), advised
that she had met with representatives of the Virginia Economic Development
Partnership regarding the development of a strategy for managing IP related
prospect leads. She provided copies of a permitting overview from DEQ
which showed that there are 12 permits on -site, of which most will be easily
transferrable. She pointed out that the water withdrawal permit warns that
the Potomac aquifer is significantly stressed in this region largely due to the
existing IP withdrawal permits. She advised that should a new permit not be
issued to IP, any new permit request will be subject to today's permitting
requirements. She advised that there are already a number of groundwater
withdrawal requests pending from this aquifer and typically those requests
take precedence over new requests. She advised that the Virginia Tourism
Corporation recommends that tourism be part of the overall economic
development strategy and she recommended that funding for an equestrian
agriculture center project be explored in the southern end of the County. She
advised that prospects are being entertained that are interested in the IP site
and IP is desirous of keeping its assets on site confidential. She advised that
while business prospects will be considered by IP first, IP has indicated that
it would be willing to discuss the creation of a municipal waste facility on-
site.
Supervisor Bradshaw commented that IP will now be responsible for
taxes on equipment which was previously exempt. He requested that Ms.
Perry obtain and provide him with copies of all State permits where IP had
been tax exempt on machinery and tools.
Supervisor Bradshaw inquired about the status of the County pursuing
an enterprise zone designation.
County Administrator Caskey advised that the County had not
submitted its own application because it did not meet the criteria. He stated
that because the City of Franklin and Southampton County had met the
criteria, the Governor was asked to allow that application be amended to
include the County; however, he did not have that authority. He advised that
letters were sent to Senators Lucas and Delegate Tyler requesting their
assistance in this effort in November 2009. He stated now that the Governor
has officially announced the Commonwealth's approval of the joint
Enterprise Zone Application as submitted by the City of Franklin and
Southampton County, it is staff's mission to pursue adjustment of that
boundary to include the County.
Supervisor Bradshaw moved that staff be directed to prepare a
resolution for consideration later by the Board under New Business
concerning the County requesting support from the City of Franklin and
Southampton County with respect to pursuing a boundary amendment to
their newly designated Enterprise Zone. The motion was adopted by a vote
of (5 -0) with Supervisors Brown, Bradshaw, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Rick McMillian, Malcolm Pirney Engineers, provided a presentation to
the Board with respect to International Paper's Groundwater Withdrawal
Permit. He stated that the greatest use of groundwater in the Coastal Plain is
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from the Potomac aquifer, of which the majority of IP' s withdrawals are from
the Potomac aquifer. He stated that the Department of Environmental
Quality (DEQ) is concerned about the water table being lowered to the point
that other groundwater users will not have access to water in certain portions
of the Coastal Plains. He advised that IP has sixteen (16) wells and the total
permitted withdrawal is 37 million gallons of water per day. He commented
that the majority of those wells are 30 years old or greater and the water
quality from these wells is good, although it is generally not good for
drinking water. He advised that while wells can last beyond 30 years,
normally once they hit the 30 year mark, they are beyond a warranty if they
have one. He advised that the current permit withdrawal is up to 37 millions
gallons of water per day, which will expire on December 31, 2009. He stated
that the current permit will be administratively extended until either a new
permit is issued or the application is withdrawn. He clarified that as long as
IP has an application in place, DEQ considers it to be a valid application and
the current 37 million gallons of water per day withdrawal will still be in
place. He stated that while IP must go through all the steps required in the
permit process, the permit itself will not truly expire on December 31, 2009
as it will be administratively extended. He stated that the likely outcome will
be that a new permit will be issued, but that it will be only for the amount that
IP can justify. He advised that IP has a permit to withdraw groundwater for a
specific use and DEQ requires a lot of detail for that use. He advised that in
order to administratively transfer a permit, it must be for a like use. He stated
that the only way the permit can be transferred is through a transfer of
ownership and once the use is deviated, the same permit can be kept in effect,
but it would become an amendment to the permit and the same process for a
new permit must be followed. He advised that there are significant
regulatory limitations and small systems in small areas will be much easier to
justify and obtain a permit from DEQ. He stated that the justification of need
of the permit is unchanged, specifically on the requirement to demonstrate
that alternate sources of water are not available.
Supervisor Bradshaw requested that staff communicate daily with the
Department of Environmental Quality (DEQ) and the State Water Control
Board (SWCB); that staff request all communications from IP to those
agencies; and that all such information be shared with the Executive
Committee of the three (3) localities.
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Chairman Brown called for Regional Reports.
Supervisor Bradshaw reported that the County Administrator, at his
request, has forwarded information from the Hampton Roads Economic
Development Alliance meeting to the individual Board members for their
perusal. He stated even with the decline in the economy, the number of
prospect visits in the Hampton Roads region exceed those in 2008. He
advised that the Alliance's annual business luncheon is Thursday, January
14, 2010 at the Norfolk Sheraton.
County Administrator Caskey reported that five (5) projects had been
added back into the 2030 Long - Range Transportation Plan of the Hampton
Roads Transportation Planning Organization (HRTPO), one (1) of which was
Route 460. He recommended that staff work closely with the Governor
Elect, emphasizing the importance of the Route 460 project, as there are
currently no State funds available for any work to be done on that project.
He reported that the Hampton Roads region is suffering from a lack of
funding, particularly with respect to Interstate funding. He advised that for
this current fiscal year, Hampton Roads is receiving 6% of all Interstate
funds, while northern Virginia is receiving 75 %. He advised that as the
HRTPO becomes stronger and more unified in identifying critical needs in
Hampton Roads, the funding will increase.
Concerning the Hampton Roads Military and Federal Facilities
Alliance, Donald T. Robertson, Director of Information Resources and
Legislative Affairs, reported on a recent trip to the Pentagon to discuss with
representatives of all branches of the military the Mayport, FL decision. He
advised that a carrier will be relocated to Mayport and the capability of home
porting a carrier in Florida will be expanded. He advised that the military
still sees the need for an Outlying Landing Field (OLF) and they are
considering what incentives can be offered to localities that would be
potentially impacted by hosting an OLF.
County Administrator reported that only routine matters had been
discussed at the most recent meeting of the Hampton Roads Planning District
Commission.
Supervisor Clark reported that the new Southeastern Public Service
Authority Board of Directors' members will begin serving on January 1,
2010.
Regarding the VACo/Board of Directors, Supervisor Bradshaw
reported that he had met with the Speaker of the House and extended
VACo's cooperation with respect to the economic crisis and the budgetary
shortfall.
Supervisor Wright reported that the Western Tidewater Regional Jail
Authority, at its Retreat, had directed Jail staff to prepare a list of capital
items in need of replacement due to age. He advised that the number of
Federal inmates has been reduced significantly and it is a good possibility
that the Authority's participating members will have to fund any shortfalls.
Chairman Brown notified the Board about the Jail's new mentoring
program (New Beginnings) which prepares female inmates for release into
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the community. He advised that the recent audit resulted in 25 needed
enhancements.
Regarding the Windsor Intergovernmental Relations Committee,
Supervisor Wright reported that the County's plans for the Intermodal Park
had been discussed, along with the safety of Route 460.
Regarding the Capital Improvements Program (CIP) Committee,
Supervisor Bradshaw advised that development of the Capital Improvements
Program (CIP) is progressing well.
Supervisor Bradshaw advised that information discussed at the Finance
Committee meeting will be presented to the Board later tonight for
consideration.
Chairman Brown reported on the joint meeting between the Board of
Supervisors and the School Board which was held on December 14, 2009
regarding shared services. He advised that another meeting has been
scheduled for January 4, 2010.
Regarding the Refuse and Recycling Committee, Supervisor Wright
reported on refuse and recycling ideas to be implemented.
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Chairman Brown called for Transportation Matters.
Marilyn Drew, Morgarts Beach Road, requested that certain sections of
Morgarts Beach Road (Route 673) be abandoned due to the damage incurred
during the most recent Nor'easter.
At 7:00 p.m., Chairman Brown advised Ms. Drew that the Board, by
law, must conduct any public hearings advertised for tonight's meeting at this
time. He requested that she remain at the meeting until after the public
hearings to further discuss her concern with the Board.
Supervisor Bradshaw moved that the Board amend the order of the
agenda at this time in order to conduct the public hearings. The motion was
adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown called for a public hearing on the following:
A. The application of Bowman R. Browne and Winston M. Browne,
111, owners, for a change in zoning classification from Rural
Agricultural Conservation (RAC) to Conditional -Rural
Residential (C -RR) of approximately 20 acres of land located on
the west side of Jenkins Mill Road (Rt. 615), approximately .2
mile south of the CSX Rail Road, in the Carrsville Election
District. The purpose of the application is for two (2) single -
family residential lots, as conditioned.
Sandy Robinson, Planner, 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 H. Riddick, 111, Attorney, representing the applicant, advised
that the applicant has proffered a voluntary cash proffer of $11,189 and that
there will be no family - member transfers.
Chairman Brown closed the public hearing and called for comments by
the Board.
Supervisor Bradshaw moved that the application be approved, as
conditioned, along with the waiver request to Section 4 -3004. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown called for a public hearing on the following:
B. The application of A. J. Harrell, Jr. and Carole L. Harrell,
owners, for a change in zoning classification from Rural
Agricultural Conservation (RAC) to Conditional -Rural
Residential (C -RR) of approximately 1.2 acres of land located on
the north side of Burdette Road (Rt. 619) at 3069 Burdette Road,
which is approximately 1.2 miles west of Walters Highway (Rt.
258), in the Carrsville Election District. The purpose of the
application is for one (1) single - family residential lot, as
conditioned.
Ms. Robinson presented the application for the Board's consideration.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
Attorney Riddick advised that the applicant has proffered a voluntary
cash proffer of $11,189 and that there will be no family - member transfers.
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Chairman Brown closed the public hearing and called for comments by
the Board.
Supervisor Bradshaw moved that the application be approved, as
conditioned, along with the waiver request to Section 4 -3004. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown called for a public hearing on the following:
C. The application of Peter and Crystal Jackson, owners, for a
change in zoning classification from Rural Agricultural
Conservation (RAC) to Conditional Rural Residential (C -RR) of
approximately 20 acres and Conditional Rural Agricultural
Conservation (C -RAC) of approximately 43.6 acres of land
located on the north side of Sandy Ridge Drive (Rt. 601) and to
the east of Longview Drive (Rt. 602) in the Windsor Election
District. The purpose of the application is to create two (2) new
10 acre single - family residential lots.
Richard Rudnicki, Planner, presented the application for the Board's
consideration.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
Attorney Riddick advised that the applicant has proffered a voluntary
cash proffer of $11,184 and a 100 foot buffer easement along the property
line adjacent to the property now owned by Robert and Sandra Black.
Chairman Brown closed the public hearing and called for comments by
the Board.
Supervisor Wright moved that the application be approved, as amended
and proffered, to include the approval of the waiver. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown called for a public hearing on the following:
D. The application of J. D. Shenk, LLC, owners, to amend
conditional zoning of 4.10 acres of land located at 21401 and
21415 Brewer's Neck Boulevard in the Newport Election
District. The purpose of the application is to allow for the use
types Motor Vehicle Parts /Supply and Retail and Commercial
Indoor Amusement as permitted uses on the property.
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Mr. Rudnicki presented the application for the Board's consideration.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
No one appeared and spoke.
Attorney Riddick stated since the Board last approved the applicant's
application for a change in zoning classification, the applicant has found
someone interested in locating an auto parts business at this location, but
unfortunately the previous conditions did not include this type of use.
Kenneth Richter, Candy Island Lane, Carrollton, advised that a survey
he had conducted revealed that there is a demand for an auto parts store in
that area and he requested that the Board approve the application.
Beverly H. Walkup, Director of Planning and Zoning, advised that the
applicant has submitted a site plan and the Codes Enforcement Officer now
deems that approximately 85% of the code violations have been addressed.
Chairman Brown closed the public hearing and called for comments by
the Board.
Supervisor Clark moved that the application be approved, as
conditioned. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
E. An Ordinance to Amend and Reenact the Following Sections of
Appendix B, Zoning: Section 5 -5006 (Supplementary Use
Regulations for Industrial Use Types), to Amend the
Requirements for 5- 5006.H (Resource Extraction), Including a
Reduction of the Bonding Requirement and General Revisions as
Needed.
Mr. Rudnicki presented the Ordinance amendments to the Board for its
consideration.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
Chairman Brown closed the public hearing and called for comments by
the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted
with the $4,000 per acre bond requirement (staff's revised version):
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B,
ZONING, ARTICLE V, SUPPLEMENTARY USE REGULATIONS,
SECTION 5 -5006, SUPPLEMENTARY USE REGULATIONS FOR
INDUSTRIAL USE TYPES
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, Article V, Supplementary
Use Regulations, Section 5 -5006, Supplementary Use Regulations of the Isle
of Wight County Code be amended and reenacted as follows:
5 -5006 Supplementary Use Regulations for Industrial Use Types
A. Abattoir or Livestock Processing
1. General Development Standards:
Waste or any decomposable residue from the livestock
processing or abattoir operation shall only be disposed of in strict
compliance with any applicable state regulations.
B. Measures shall be developed to mitigate obnoxious odors, dust, smoke,
or similar nuisances.
C. Any livestock processing or abattoir operation shall meet the
requirements of site plan review and approval set out in Article VII.
D. Design, construction, and operation of the facility must meet or exceed
the requirements of all current state and federal regulations.
Specifically, the operation must conform to any guidelines or
specifications concerning such design, construction, and operation as
published or otherwise disseminated by the U.S. Department of
Agriculture (7- 1 -97).
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2. Livestock processing or abattoirs may be permitted in the Rural
Agricultural Conservation (RAC) District subject to the
following standards:
B. Asphalt Plant
a. No livestock processing or abattoirs shall be constructed or
established within one -half (1/2) mile radius of any
property zoned residential.
b. A minimum of twenty (20) acres is required for any
livestock processing or abattoir operation. If the operation
includes a feedlot, the minimum area required shall be
increased subject to any applicable regulations promulgated
by the Virginia Department of Environmental Quality
pertaining to the confinement of livestock.
c. Stock pens or buildings or structures associated with the
livestock processing or abattoir operation shall be at least
three hundred (300) feet from any public right -of -way and
must be at least five hundred (500) feet from any property
line of any property not associated with the abattoir.
3. Livestock processing or abattoir operations may be permitted in
the General Industrial (GI) Zoning District subject to the
following standards:
a. Minimum Acreage: 5 (five)
b. Minimum setback: 200 feet, from the nearest property line,
except that a retail sales outlet may be a minimum of
seventy (70) feet from any public right -of -way.
General standards
1. In considering a conditional use permit request for an asphalt
plant, in addition to the general standards contained in Section 1-
1017 of this ordinance, the Board shall specifically consider and
set standards for the following:
a. The maximum height of any structure and any additional
setback requirements necessary to compensate for any
increased height.
b. Specific measures to control dust during the construction
and operation of the plant.
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c. Specific levels of noise permitted during the daytime and
nighttime operation of the plant, as measured at adjacent
property lines, and any additional requirements for the
design or operation of the plant intended to reduce noise.
2. All Commercial vehicles used in conjunction with the asphalt
plant shall be fully screened from the public right -of -way, from
adjacent properties by masonry or concrete walls designed to be
compatible with the principal building that it serves.
3. The outdoor storage of tools, bulk or bag materials, and similar
items shall only be allowed within a fully screened storage area.
C. Construction Yard
General Standards
All materials stored on the premises overnight shall be placed in
a storage yard. The storage yard shall be fully screened from
public view and shall be set back at least 100 feet from any
adjoining residential district, in addition to meeting the
landscaping zone requirements of Article VIII.
2. In considering a conditional use permit request for a construction
yard, in addition to the above standards and the general standards
contained in Section 1 -1017 of this ordinance, the Board may
consider and set standards for the following:
a. Provisions for screening of any vehicles, equipment,
materials and storage yards in accordance with Article VIII.
b. The maximum height of any structure and any additional
setback requirements necessary to compensate for any
increased height.
c. Specific measures to control dust on the site.
3. In the VC district, the following standards shall apply:
a. The maintenance and repair of all vehicles and equipment
shall be conducted within an enclosed building.
D. Landfill, Industrial
No site shall be developed as an industrial landfill except in the
conformance with the Zoning District regulations as a conditional use.
Minimum standards for an industrial landfill shall be as follows:
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1. A minimum buffer two hundred (200) feet in width is required
adjacent to residential districts or uses and a minimum buffer,
one hundred (100) feet in width is required adjacent to public
rights -of -way.
2. The additional standards required in Section 5 -5006 F. 3., below,
for a Sanitary Landfill.
E. Landfill, Rubble
No site shall be developed as a rubble landfill and no existing rubble
landfill shall be enlarged or altered except in conformance with the
Zoning District(s) Regulation(s) as a conditional use. Minimum
standards for a rubble landfill shall be as follows:
1. Minimum lot area of ten (10) acres shall be required.
2. A minimum buffer two hundred (200) feet in width is required
adjacent to residential districts or uses and a minimum buffer,
one hundred (100) feet in width is required adjacent to public
rights -of -way.
3. The additional standards required in Section 5 -5006 F. 3., below,
for a Sanitary Landfill.
F. Landfill, Sanitary
No site shall be developed as a sanitary landfill or solid waste disposal
site, and no existing sanitary landfill shall be enlarged, altered, or
changed in use, except in conformance with the Zoning District
regulations of this ordinance and the following provisions:
Minimum lot area of one - hundred (100) acres shall be required.
(7 -1 -97)
2. A minimum buffer three hundred (300) feet in width is required
adjacent to residential districts or uses and a minimum buffer,
one fifty hundred (150) feet in width is required adjacent to
public rights -of -way.
3. Additional Standards for Landfills:
a. Access from paved streets is required. Said streets shall be
able to withstand maximum load limits established by the
Virginia Department of Transportation (VDOT).
b. Access shall not be through any residential subdivision or
development.
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c. In addition to, and to the interior of, any required buffer
zone plantings, a minimum six (6) foot high solid board
fence or masonry wall shall be required around all property
lines adjacent to property zoned or developed for residential
uses. (7 -1 -97)
G. Recycling Center
d. The operation of the sanitary landfill shall comply with all
applicable federal, state, and county licensing, permits, and
authorization. (7 -1 -97)
General standards
1. Where receptacles for recyclable materials are located outside of
a building, they shall be located so as to not disrupt or interfere
with onsite traffic circulation, required fire lanes or required
parking, loading or stacking areas.
2. Specific circulation pattern shall be established to provide safe
and easy access to recycling receptacles. Adequate space shall be
provided for the unloading of recyclable materials.
3. A regular schedule for picking up recycled materials shall be
established and maintained.
4. The site shall be maintained free of litter.
5. Where receptacles for recyclable materials are located outside of
a building, they shall be screened from public view in accordance
with the Screening Zone specifications of Article VIII.
H. Resource Extraction
When established as a conditional use, processing and removal of sand,
gravel, or stone, stripping of top soil (but not including stripping of
sod), and borrow pits, shall be subject to the following standards: (7 -1-
97)
1. Exemptions
a. Any operator engaging in mining and disturbing less than
one (1) acre of land and removing less than five hundred
(500) tons of material at any particular site is exempt from
the provisions of this ordinance; providing, however.
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Excavation or grading when conducted solely in aid of
onsite farming or construction. (7 -1 -97)
ii. Each person intending to engage in such restricted mining
shall submit an application for exemption, a sketch of the
mining site and an operations plan to the Zoning
Administrator, who shall approve the application if he
determines that the issuance of the permit shall not violate
the provisions of this ordinance. (7 -1 -97)
2. Permit required
It shall be unlawful for any person, firm, partnership or
corporation to break or disturb the surface soil or rock in order to
facilitate or accomplish the extraction or removal of minerals,
ores, rock or other solid matter including any activity constituting
all or part of a process for the extraction or removal of minerals,
ores, rock or other solid matter so as to make them suitable for
commercial, industrial, or construction use but does not include
those aspects of deep mining not having significant effect on the
surface without first obtaining a conditional use permit to do so
from the Board of Supervisors of Isle of Wight County. Nothing
herein shall apply to strip mining of coal.
Such permits shall not be transferable.
3. Application and procedures
The application shall be signed by the operator and the
landowner and when issued shall be issued in the name of the
operator and shall not be transferable between operators. (7 -1 -97)
The application fee shall be as prescribed in Table 3 (Fee
Schedule for Zoning Applications).
A permit shall be obtained prior to the start of any mining operation.
If, within ten (10) days of the anniversary date of the permit, the
Zoning Administrator, after inspection, is satisfied that the operation is
proceeding according to the plan submitted to and approved by the
Board of Supervisors, then the Zoning Administrator shall renew the
permit upon payment of a renewal fee as prescribed in Table 3 (Fee
Schedule for Zoning Applications).. The renewal fee is to be calculated
based upon the acreage to be affected by the total operation in the next
ensuing year.
If the operator believes changes in his original plan are necessary or if
additional land not shown as part of the approved plan of operation is
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to be disturbed, he shall submit an amended plan of operation, which
shall be approved by the Board of Supervisors in the same manner as
an original (7- 1 -97).
Application for excavation permits shall be directed to the Board of
Supervisors of Isle of Wight County and shall be filed with the Zoning
Administrator. The application shall include the following information
and attachments (7- 1 -97):
a. The common name and geologic title, where applicable, of the
mineral, ore or other solid matter to be extracted (7- 1 -97);
b. A description of the land upon which the applicant proposes to
conduct mining operations, which description shall set forth the
location of its boundaries and any other description of the land to
be disturbed in order that it may be located and distinguished
from other lands and easily ascertainable as shown by a map
attached thereto showing the amount of land to be disturbed (7 -1-
97);
c. The name and address of the owner or owners of the surface of
the land (7- 1 -97);
d. The name and address of the owner or owners of the mineral, ore
or other solid matter (7- 1 -97);
e. The source of the operator's legal right to enter and conduct
operations on the land to be covered by the permit (7- 1 -97);
f. The total number of acres of land to be covered by the permit (7-
1 -97);
g.
A reasonable estimate of the number of acres of land that will be
disturbed by mining operations on the area to be covered by the
permit during the ensuing year (7- 1 -97);
h. Whether any borrow pit permits of any type are now held by the
applicant and the number thereof (7- 1 -97);
i. Name and address of the applicant, if an individual; the names
and addresses of all partners if a partnership; the state of
incorporation and the name and address of its registered agent, if
a corporation; or the name and address of the trustee; if a trust (7-
1 -97);
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If known, where the applicant or any subsidiary or affiliate or any
partnership, association, trust or corporation controlled by or
under common control with the applicant, or any person required
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to be identified by subsection (3) (g) of this section, has ever had
a borrow permit of any type issued under the laws of this or any
other state revoked or has ever had a mining or other bond, or
security deposit in lieu of bond, forfeited (7- 1 -97);
k. The application for a permit shall be accompanied by the
minimum number of copies required by the application of an
accurate map or plan and meet the following requirements (7 -1-
97):
i. Be prepared by a licensed engineer or licensed surveyor (7- 1 -97),
ii. Identify the area to correspond with the land described in the
application (7- 1 -97),
i. Show adjacent deep mining, if any, and the boundaries of surface
properties, with the names of the owners of the affected area
which lie within one hundred (100) feet of any part of the affected
area (7- 1 -97), iv. Be drawn to a scale of four hundred (400) feet to
the inch or better (7- 1 -97),
v. Show the names and locations of all streams, creeks or other
bodies of public water, roads, buildings, cemeteries, oil and gas
wells, and the utility lines on the area affected and within five
hundred (500) feet of such area (7- 1 -97),
vi. Show by appropriate markings the boundaries of the area of land
affected, the outcrop of the seam at the surface or deposit to be
mined, and the total number of acres involved in the area of land
affected (7- 1 -97),
vii. Show the date on which the map was prepared, the north arrow
and the quadrangle name (7- 1 -97),
viii. Show the drainage plan on and away from the area of land
affected, including the directional flow of water, constructed
drainage ways, natural waterways used for drainage and the
streams or tributaries receiving the discharge (7- 1 -97).
I. Provide information delineating the vehicular access to be
utilized by the excavation operator and a statement listing the
various public streets/highways to be used as haul routes (7 -1-
97);
m. Provide an erosion and sedimentation control plan designed in
accordance with all applicable state and county requirements
related to land disturbing activities (7- 1 -97);
16
n. Provide an estimation of the total number of cubic yards to be
excavated (7- 1 -97);
o. Provide the total number of cubic yards excavated over the
previous five (5) years of operation if the extraction operation is
existing;
P.
q.
a.
b.
5. Reclamation
Provide the proposed date on which excavation operations will
Commence, the proposed date on which such operation will be
completed and the proposed date all required restoration
measures will be completed (7 -1 -97)
The name and address of the operator (7- 1 -97).
No permit shall be issued by the Board of Supervisors until the
Planning Commission and Zoning Administrator have approved
the plan of operation and the bond from the applicant as
hereinafter provided (7- 1 -97).
4. Operations plan required
The application for a permit shall be accompanied by an operations
plan in such form and with such accompanying material as the Zoning
Administrator shall require. The operations plan shall describe the
specifications for surface grading and restoration, including sketches,
delineating placement of spoil, stockpiles and tailing ponds, to a
surface that is suitable for the proposed subsequent use of the land after
reclamation is completed. The operations plan shall include a provision
for reclamation of all land estimated to be affected by the mining
operation for which the permit is sought. The reclamation provision
shall be in such form and contain such accompanying material as the
Zoning Administrator shall require and shall state (7- 1 -97):
The planned use to which the affected land is to be returned
through reclamation (7- 1 -97);
Proposed actions to assure suitable reclamation of the affected
land for the planned use to be carried out by the applicant as an
integral part of the proposed mining operation and to be
conducted simultaneously insofar as practicable. The Board shall
set schedules for the integration of reclamation with the mining
operation according to the various individual mineral types (7 -1-
97).
It shall be the policy of the Board of Supervisors to encourage adoption
of productive land use, such as pasture, agricultural use, recreational
17
areas, sanitary landfills, forestry and timberland operations, industrial
and building sites, and to consider the general original contour in
determining the particular reclamation program for the acreage. The
reclamation shall be conducted simultaneously with the mining
operation insofar as practicable and shall be completed within six (6)
months of the expiration of the permit. The Zoning Administrator may
require an amendment to the operations plan to meet the exigencies of
any unanticipated circumstances or event (7- 1 -97).
6. Application processing
The Zoning Administrator shall transmit the application to the Planning
Commission for consideration by said Planning Commission. The
Planning Commission shall consider the location of the proposed
excavation and the plans accompanying the application. The Planning
Commission shall make its recommendation to the Board of
Supervisors for approval, disapproval or amendment of the application
(7- 1 -97).
7. Operating and development requirements
a. Setbacks for borrow pits and other excavations
b. Access roads
The edge of an excavation area for borrow pits and other
purposes shall be located at least such distance as to protect
adjoining property from collapse, caving or sliding, but in no
event shall such excavation areas be less than two hundred (200)
feet from adjoining property lines or others. The setback area
shall not be used for any purpose during the period of excavation,
including overburden and spoil storage, except as access and
temporary topsoil storage (7- 1 -97).
All access roads shall be constructed so as to intersect as nearly as
possible at right angles with public streets and highways and no access
road shall intersect any public road at any angle of less than sixty (60)
degrees. Where necessary, dust control measures shall be taken (7 -1-
97).
c. Roadside landscape
Existing trees and ground cover along public street frontage shall be
preserved for a depth of two hundred (200) feet, maintained and
supplemented during the period of excavation, if deemed desirable by
Board of Supervisors with a recommendation from the Planning
Commission. The type, design and spacing of supplementary planting
shall be approved by the Zoning Administrator. (7 -1 -97)
18
d. Fencing/gate requirements
The Zoning Administrator, as herein defined, may require the entire
excavation operation to be fenced with gates constructed at all
entrances to be kept locked at all times when not in use. The Zoning
Administrator shall determine the type of fencing and gates taking into
consideration the activity to be conducted, the location of the site
relative to adjoining property owners, degree of development of the
surrounding area, visibility of the site as an attractive nuisance, and
potential of the site for unauthorized accessibility by the public (7 -1-
97).
8. Restoration requirements
a. Minimum slope of banks
All slopes around the edge of the excavated area shall be left with
a slope no less than three (3) feet horizontal to one (1) foot
vertical to the bottom (7- 1 -97).
b. Leveling of bottom area
All excavated areas shall be left in a level state (7- 1 -97).
c. Topsoil restoration and planting
All areas not inundated shall be covered with topsoil and seeded, as
may be required by the Zoning Administrator, upon the conditions and
recommendations made by the appropriate state agencies and officials.
(7 -1 -97)
d. Fencing/gate requirements
The Zoning Administrator, as herein defined, may require the entire
excavation area to be fenced with gates constructed at all entrances to
be kept locked at all times when not in use, in addition to all fencing
and gating installed in accordance with the approved reclamation plan.
The Zoning Administrator shall determine the type of fencing and gates
taking into consideration the activity, to be conducted, the location of
the site relative to adjoining property owners, degree of development of
the surrounding area, visibility of the site as an attractive nuisance, and
potential of the site for unauthorized accessibility by the public (7 -1-
97).
9. Bond of operator
19
Each operator, before receiving Site Plan approval, shall furnish bond
on a form to be prescribed by the Zoning Administrator, payable to the
county of Isle of Wight and conditioned that the operator shall
faithfully perform all of the requirements of this ordinance and of the
operations plan and reclamation plan as approved and directed by the
Board of Supervisors. The amount of bond shall be four thousand
dollars ($4,000.00) per acre, based upon the number of acres of land
which the operator estimates, will be affected by the mining operation
in the next twelve (12) months. In addition, the Zoning Administrator
may require bond in an amount necessary to complete all phases of
operation and restoration/reclamation, plus ten percent (10 %)
contingency, in the amount recommended and endorsed by a certified
engineer, licensed to practice in the Commonwealth of Virginia, and
any changes to the approved bond amount would require similar
estimations provided by a certified engineer. However, in no event
shall such bond be less than four thousand dollars ($4,000.00) per acre
as hereinabove prescribed. Such bonds shall be executed by the
operator and by a corporate surety licensed to do business in this State;
provided, however, that in lieu of such bond, the operator may deposit
cash, certified check, or collateral securities satisfactory to the Zoning
Administrator.
Upon request of the operator, the Zoning Administrator shall cause an
inspection to be made of the land subject to the reclamation plan, and if
he approves the reclamation of work completed by the operator, he
shall order the return of the bond or other security to the operator (7 -1-
97).
If the Zoning Administrator does not approve the reclamation work, he
shall notify the operator immediately and advise him of what additional
steps he deems necessary to satisfactorily complete the reclamation.
The bond or security posted by the operator for such land shall not be
refunded until he has obtained the Zoning Administrator's approval as
aforesaid. If the operator does not complete the reclamation in
accordance with the directions of the Zoning Administrator within
ninety (90) days of such order of such Zoning Administrator, the
Administrator may order a forfeiture of the bond or other security
posted by the operator and have the reclamation performed with the
money so received. Any funds remaining after the costs of the
reclamation as aforesaid shall be returned to the operator (7- 1 -97).
Within ten (10) days following the anniversary date of the permit, the
operator shall post additional bond in the amount determined by the
Zoning Administrator but not less than one thousand dollars
($1,000.00) per acre for each additional acre of land estimated by him
to be disturbed during the next year following the anniversary date of
the permit for which no bond has been previously posted by him. Bond
or other security previously posted shall be released for the areas
disturbed in the last twelve (12) months if reclamation work has been
20
completed and the approval of the Zoning Administrator obtained as
hereinabove provided (7- 1 -97).
10. Planning Commission and Board of Supervisors
Upon receipt of a reasonable plan of operation as prescribed
hereinabove, the Zoning Administrator shall present the plan to the
Planning Commission for review and the Planning Commission shall
make its recommendation to the Board of Supervisors. The Board of
Supervisors may issue the permit with or without conditions to insure
compliance with this ordinance unless they find that the applicant has
had control or has had common control with a person, partnership,
association, trust or corporation which has a borrow pit permit revoked
or bond or other security forfeited for failure to reclaim lands as
required by the provisions of this ordinance.
It shall be unlawful for any owner or owners of surface rights or the
owner or owners of mineral rights to interfere with the operator in the
discharge of his obligations to the county for the reclamation of land
disturbed by him. If the owner or owners of surface rights or the owner
or owners of mineral rights desire to conduct other mining operations
on land disturbed by the operator furnishing bond hereunder, such
owner or other person shall be in all respects subject to the provisions
of this ordinance and the Zoning Administrator shall then release an
equivalent amount of bonds to the operator originally furnishing bond
on the disturbed area (7- 1 -97).
11. Application for permit; adjoining landowners
In addition to all other notice requirements contained in this ordinance
and otherwise required by law, all property owners located within one
thousand (1,000) feet of the property line of any land proposed to be
permitted shall be notified by first class mail at least ten (10) days prior
to the Planning Commission's public hearing. The Zoning
Administrator shall be responsible for this notification.
12. Succession of one (1) operator by another at uncompleted project
Where one (1) operator succeeds another at the uncompleted operation,
whether by sale, assignment, lease, merger or otherwise, the Board of
Supervisors may release the first operator from all liability under this
ordinance as to that particular operation; provided, however, that the
successor operator has been issued a permit and has otherwise
complied with the requirements of this ordinance, and the successor
operator assumes, as part of his obligation under this ordinance, all
liability for the reclamation of the area of land affected by the first
operator. No fee, or any portion thereof, paid by the first operator shall
be returned to either operator. The permit fee for the successor operator
21
for the area of land permitted by the first operator shall be as prescribed
for a new application in Table 3 (Fee Schedule for Zoning
Applications). The permit for the successor operator shall be valid for
the remaining period left on the original permit.
13. Notice of noncompliance served on operator
The Zoning Administrator may cause a notice of noncompliance to be
served on the operator whenever the operator fails to obey any order by
the Zoning Administrator to (7- 1 -97):
a. Apply the control techniques and institute the actions approved in
the operations and reclamation plan (7- 1 -97);
b. Comply with any required amendments to the operations or
reclamation plan; or (7 -1 -97)
c. Comply with any other requirement of this ordinance (7- 1 -97).
d. A copy of the notice shall be delivered to the operator or served
by certified mail addressed to the operator at the permanent
address shown on the application for a permit. The notice shall
specify in what respects the operator has failed to obey the order
of the Zoning Administrator and shall require the operator to
comply with the order within a reasonable period of time as fixed
by the Zoning Administrator, following service for the notice. If
the operator has not complied with the requirements set forth in
the notice of noncompliance within the time limits fixed therein,
the Board of Supervisors shall revoke the permit and declare the
forfeiture of the entire bond, which, when collected, shall be used
by the County of Isle of Wight in performing reclamation under
the provisions of this ordinance (7- 1 -97).
14. Additional bond to cover amended estimate of land to be disturbed If,
during any operation, it is found that the operator's estimate of the
amount of disturbed land for which bond or other security has been
posted for reclamation is less than the actual area disturbed, the Zoning
Administrator shall order the operator to file additional bond or
security sufficient to cover an amended estimate of land to be disturbed
by such operation (7- 1 -97).
15. Life of permit
All permits issued for borrow pits by the Board of Supervisors will be
for a period of five (5) years from the date of issuance. Any extension
of time or renewal of said permits would require new applications filed
in accordance with all of the terms of this ordinance. (7 -1 -97)
22
Scrap and Salvage Service
A scrap materials, and salvage services may be permitted as a
conditional use when consistent with the Zoning District Regulations,
provided:
1. Such facilities shall be screened from view with a solid fence or
wall along all property lines six (6) feet in height, except for
approved access crossing and utility easements. Said fence or
wall shall be located interior to any required buffer or landscape
strip and shall present a finished side to the exterior property
line(s) (7- 1 -97).
2. Vehicles shall not be stored or stacked so that they are visible
from any adjacent properties. (7 -1 -97)
Shipping Container
The placement, use and storage of shipping containers shall be
authorized only as follows:
1. Shipping containers used in conjunction with bona fide
agricultural uses are exempt from the provisions of this part,
except that shipping containers used in conjunction with bona
fide agricultural uses shall:
a. Not be visible from any road or adjacent residential uses.
2. Shipping containers used for any other use besides a bona fide
agricultural use shall adhere to the following provisions:
a. The shipping containers are used in the active transport of goods,
wares or merchandise in support of a lawful principal use of the
property.
b. The shipping containers are placed or stored in areas depicted on
an approved site plan.
c. Shipping containers shall not be stored in salvage yards.
Furthermore, there shall be no storage of raw materials and
shipping containers simultaneously on any property.
d. The shipping containers must comply with development criteria
relating to setbacks for principal buildings in the industrial
district where permitted and landscape buffer yards.
e. Shipping containers shall not be stacked to exceed a total of three
(3) containers or thirty -eight feet in height, whichever is less.
23
Stacked containers must comply with the Virginia Statewide Fire
Prevention Code, as amended.
f. Shipping containers shall not be visible from any property zoned
or used for residential purposes
g. No shipping container shall be used as a residence or to support a
residential use or home occupation.
h. No shipping container shall be placed on or otherwise block or
restrict access to fire hydrants, fire lanes or required parking
spaces.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
F. Proposed Resolution for Approval and Adoption of Amendments
to the Articles of Incorporation of the Southeastern Public
Service Authority of Virginia.
Interim County Attorney Burton presented the proposed Resolutions to
the Board for its consideration which have been properly advertised for
public hearing.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Resolution.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION REGARDING ADOPTION OF A RESOLUTION
TO APPROVE AMENDED AND RESTATED
ARTICLES OF INCORPORATION FOR
THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
BE IT RESOLVED by the Board of Supervisors of the County of Isle
of Wight:
1. That the Board of Supervisors of the County hereby finds and
determines that:
24
(a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth,
Suffolk and Virginia Beach, and the counties of Isle of Wight and
Southampton, ( "Member Localities ") have created the Southeastern Public
Service Authority of Virginia ( "SPSA) pursuant to the Virginia Water and
Waste Authorities Act (the "Act "), Va. Code § 15.2 -5100, et seq.
(b) By amendment to the Act enacted under 2009 Virginia
Acts of Assembly House Bill 1872 ( "House Bill 1872 ") and codified in Va.
Code § 15.2- 5102.1, certain requirements were imposed upon SPSA and
changes were made regarding the appointment and qualifications of the
members of SPSA's Board of Directors that require amendments to SPSA's
Articles of Incorporation (the "Articles ").
(c) The amendments that are needed to amend the Articles so
that the Articles will conform with the changes in the Act are set forth in the
attached Amended and Restated Articles of Incorporation (the "Amended
Articles ").
(d) The Act required that any amendments to the Articles must
be adopted by concurrent resolutions, ordinances or agreements of all the
Member Localities and that before any resolutions can be adopted, the
councils and boards of supervisors of each of the Member Localities must
comply with certain notice, advertising and public hearings requirements set
forth in the Act.
2. In view of the findings in paragraph 1 hereof, the Board of
Supervisors of the County hereby expresses its desire and intent to adopt the
attached resolution that amends the Articles by approving and adopting the
Amended sets December 17, 2009, as the date for the public hearing on this
matter to be held at 7:00 p.m. at Robert C. Claud, Sr. Board Room, Isle of
Wight County Courthouse, Isle of Wight, Virginia, and directs that proper
notice of the hearing and other information required by the Act be published
one time in the Smithfield Times and The Daily Press, newspapers of general
circulation in the County.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION APPROVING AND ADOPTING AMENDED AND
RESTATED ARTICLES OF INCORPORATION FOR
THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
BE IT RESOLVED by the Board of Supervisors of the County of Isle
of Wight:
25
1. That the Board of Supervisors of the County hereby finds and
determines that:
(a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth,
Suffolk and Virginia Beach, and the counties of Isle of Wight and
Southampton ( "Member Localities ") have created the Southeastern Public
Service Authority of Virginia ( "SPSA ") pursuant to the Virginia Water and
Waste Authorities Act (the "Act "), Va. Code § 15.2 -5100, et seq.
(b) By amendment to the Act enacted under 2009 Virginia
Acts of Assembly House Bill 1872 ( "House Bill 1872 ") and codified in Va.
Code § 15.2 - 5102.1, certain requirements were imposed upon SPSA and
changes were made regarding the appointment and qualifications of the
members of SPSA's Board of Directors that require amendments to SPSA's
Articles of Incorporation.
(c) The amendments that are needed to amend the Articles so
that the Articles will conform with the changes in the Act are set forth in the
attached Amended and Restated Articles of Incorporation (the "Amended
Articles ").
(d) The Act requires that any amendments to the Articles must
be adopted by concurrent resolutions, ordinances or agreements of all the
Member Localities and that before any resolutions can be adopted, the
councils and board of supervisors of each of the Member Localities must
comply with certain notice, advertising and public hearing requirements set
forth in the Act.
2. In furtherance of the requirements of the Act, the Board of
Supervisors of the County of Isle of Wight set December 17, 2009 at 7:00
p.m. at the Robert C. Claud, Sr. Board Room, Isle of Wight County
Courthouse, Isle of Wight, Virginia, as the date, time and place for the public
hearing on this resolution amending the Articles and caused proper notice of
the hearing and other information required by the Act to be published one
time in the Smithfield Times and The Daily Press, newspapers of general
circulation in the County.
3. The public hearing was held on December 17, 2009 at the time
and place specified in the notice.
4. Preliminary estimates of capital costs, proposals for any specific
projects to be undertaken by the Authority and preliminary estimates of
initial rates for services of such projects were not included in the Amended
Articles because they are not germane to the process of amending the Articles
and, in any event, the Board of Supervisors finds that inclusion of such
information is impracticable.
26
5. Pursuant to the provisions of the Act and in view of the findings
set forth in paragraph 1 hereof, the Board of Supervisors hereby approves
and adopts the Amended Articles.
6. This resolution approving and adopting the Amended Articles
shall be effective immediately and the Amended Articles shall be effective on
and after January 1, 2010.
7. The Board of Supervisors directs that the proper officers of the
County (i) execute the Amended Articles in substantially the form attached
hereto, (ii) cause the executed Amended Articles to be filed with the Virginia
State Corporation Commission, and (iii) do all other things necessary or
appropriate to amend the Articles pursuant to the Amended Articles,
including the execution of a single Concurrent Resolution with other Member
Localities that is consistent with the action taken by the County hereunder.
8. For inclusion in Resolution prior to vote. Choose one of two
alternatives depending on outcome of hearing:
A. [No substantial opposition to the adoption of the Amended
Articles was heard.]
B. The Board of Supervisors will not exercise its discretion to
petition the circuit court to order a referendum on the question of adopting
and approving this resolution because its approval and adoption are required
so that SPSA's Articles will conform with changes in the Act.
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 Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
Chairman Brown called for the continuation of Transportation Matters.
Stephen Leaman, Morgarts Beach Road, requested that the Board
encourage the State to cease repair work on a portion of Morgarts Beach
Road (Route 673) which was damaged during the most recent Nor'easter.
MacFarland Neblett, VDOT Residency Administrator, advised that
pursuant to the washout of the roadway which occurred in November of 2009
27
due to a nor'easter, representatives from the Department of Conservation and
Recreation and the Federal Emergency Management Agency have reviewed
the road with the intent of restoring it. He advised that sand, rocks and pipes
have been installed in the roadway in an effort to stabilize it, but whether or
not VDOT does any thing further to the roadway depends on whether the
decision is made to take the roadway out of the State system.
Supervisor Clark moved that staff be directed to consult with the
VDOT Residency Administrator on this matter and return to the Board with a
recommendation. The motion was adopted by a vote of (5 -0) with
Supervisors Brown, Bradshaw, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
MacFarland Neblett, VDOT Residency Administrator, reported that
with respect to the bridges that had been under water during the recent
Nor'easter, all bridges are inspected by VDOT at a minimum of every two (2)
years.
Supervisor Bradshaw expressed concern that the structural integrity of
any bridge that is underwater must be checked following a storm event.
Supervisor Wright inquired about the status of the installation of a stop
light on Route 460 to ensure the safety of school buses
Mr. Neblett advised that he would investigate the status and report back
to the Board on the request for a stop light at Route 460.
Supervisor Wright inquired about the repair of potholes on Route 460
at the Windsor Post Office.
Mr. Neblett advised that he would investigate and report back to the
Board on the status of the repair of potholes on Route 460 at the Windsor
Post Office.
Supervisor Bradshaw requested that Mr. Neblett attend the
Intergovernmental Committee meeting scheduled for March 17, 2010 at 5:30
p.m. with representatives of the Town of Windsor at the Windsor Municipal
Building to discuss the turn lane in the Town of Windsor.
//
1/
Chairman Brown called for Citizens Comments.
Fred Glanville, President of Isle of Wight Christian Outreach Program,
requested an allocation of $3,000 for that organization's food program.
28
/1
Chairman Brown called for Board Comments.
There were no comments offered by the Board.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton requested the Board's review of its
annual Rules of Procedure.
Supervisor Clark moved that the County Attorney be directed to make
a change in the Board's Rules of Procedure for presentation at the Board's
January 7, 2010 meeting that the Board will adopt the principals of Roberts
Rules of Order. The motion was adopted by a vote of (5 -0) with Supervisors
Brown, Bradshaw, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Wright moved that the County Attorney be directed to
move the Consent Agenda after Special Presentations in the Rules of
Procedure for consideration by the Board at its January 7, 2010 meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Brown,
Bradshaw, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Interim County Attorney Burton requested that the Board authorize his
office to advertise for public hearing an Ordinance to Amend and Reenact the
Isle of Wight County Code by Amending and Reenacting Chapter 11. Motor
Vehicles and Traffic. Article I. In General. By Adding Section 11 -2.1
Reimbursement of Expenses Incurred in Responding to DUI and Related
Incidents.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's
second meeting in January 2010. 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 has seven (7) matters
to discuss with the Board later during the closed meeting.
Interim County Attorney Burton presented a late item pertaining to a
Resolution to Appropriate Funds from the Unappropriated Fund Balance for
the Purchase of the Real Estate Interest of Annette S. Tyler -Curry at Tyler's
Beach Boat Harbor relating to the purchase of Mrs. Annette S. Tyler - Curry's
interest in parcels (A) and (B) at Tyler's Beach Boat Harbor, not to exceed
$100,000. He advised that the County's purchase of parcels (A) and (B) will
29
result in the County owning the overwhelming majority of Tyler's Beach
Boat Harbor.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR THE
PURCHASE OF THE REAL ESTATE INTEREST OF ANNETTE S.
TYLER -CURRY AT TYLER'S BEACH BOAT HARBOR
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia and Annette S. Tyler-Curry entered into an Agreement in 2009, in
which the County agreed to pay $93,833.00 and in addition, agreed to pay all
settlement costs and reimburse the real estate property taxes paid by Annette
S. Tyler -Curry on Parcels A and B of property at Tyler's Beach Boat Harbor;
and,
WHEREAS, funds in the amount of One Hundred Thousand Dollars
($100,000.00) 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 One Hundred Thousand Dollars
($100,000.00) 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.
/1
Chairman Brown called for the General Services report.
Edwin P. Wrightson, Director of General Services, stated pursuant to
the Board's direction at its November 19, 2009 meeting, staff has developed
a plan for addressing the demolition and cleanup of certain properties in
Zuni. He advised that the Johnson house has been burned in a fire training
exercise and the remaining rubble will be removed off -site when the ground
has dried out sufficiently. He stated that staff has received an estimate in the
amount of $16,000 from a qualified contractor to remove and properly
30
dispose of the asbestos shingles on the dentist office. He stated that due to
the proximity of the Washburn home to an occupied dwelling, it would not
be safe to burn that structure and staff has received an estimate in the amount
of $14,000 to tear down the home and remove the remaining rubble.
Mr. Wrightson addressed the Board regarding certain priority General
Service's projects for which there is no identified current year funding.
Supervisor Casteen moved that Item (1), Queen Anne's Court Water
System Purchase and Connection in the amount of $100,000; Item (2),
Battery Park Low Waterline Pressure Repair in the amount of $20,000; and
Item (5), Zuni Building Demolition in the amount of $30,000 be approved for
funding in the amount of up to $150,000 and adopt the following amended
Resolution:
A RESOLUTION TO REALLOCATE FY 2010 -14 CAPITAL
IMPROVEMENT PLAN (CIP) BUDGET AUTHORIZATION
WHEREAS, on May 21, 2009 the Board of Supervisors of the County
of Isle of Wight, Virginia approved a 2009/10 Capital Improvement Plan that
included $250,000 for design and construction work associated with the
Bethel Heights Water System Upgrades.
WHEREAS, projects having greater citizen interest and greater
urgency have arisen.
NOW BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia that the County Administrator may reallocate up to
$150,000 from the Public Utilities category of the Capital Budget to execute
such other Engineering, Public Works or Public Utilities projects as may be
necessary.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to execute the appropriate
accounting transaction 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.
Mr. Wrightson was advised to request funding for the Bethel Heights
project through the Capital Improvements Program process.
Supervisor Bradshaw commented that the Resolution to Reallocate FY
2010 -14 Capital Improvement Plan (CIP) Budget Authorization, which the
Board just amended to reallocate $150,000 from the Public Utilities category
of the Capital Budget to execute projects (1), (2) and (5) originally included
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$250,000 for the design and construction work associated with the Bethel
Heights Water System Upgrades. He clarified that there is now $100,000
remaining for the Bethel Heights Water System Upgrades.
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Chairman Brown called for the County Administrator's report.
Ron D. Reck, Director of Budget and Finance, presented a Resolution
to Appropriate Funds from the Designated Fund Balance for the Completion
of Various Carryover Operating Projects for the Board's consideration.
Regarding the Museum project, Jennifer Williams, Historic Resources
Manager, reported that certain items had not been addressed during build out,
such as HVAC being installed upstairs and a de- humidifier being installed in
the basement.
With respect to the Museum, Supervisor Bradshaw moved that the
matter be sent to the Building and Grounds Committee for review and
recommendation back to the Board. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that staff be directed to investigate and report
back to the Board on their findings regarding why HVAC had not been
installed in the upstairs area and a de- humidifier was not installed in the
basement area. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Resolution to Appropriate Funds
from the Designated Fund Balance for the Completion of Various Carryover
Operating Projects be deferred until the Board's January 21, 2010 meeting.
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.
Mr. Reck Presented A Resolution To Accept And Appropriate Funds
From The State And Federal Governments For Carryover Grant Programs for
the Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS
FROM THE STATE AND FEDERAL GOVERNMENTS
FOR CARRYOVER GRANT PROGRAMS
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received grant funding for various grant programs; and,
WHEREAS, the following funds in the amount of one million four
hundred fifty -nine thousand and sixteen dollars ($1,459,016) need to be
accepted and appropriated to the Fiscal Year 2009 -10 General Operating
Budget of the County of Isle of Wight, Virginia:
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the
amount of one million four hundred fifty -nine thousand and sixteen dollars
($1,459,016) to be received from various grant programs be accepted and
appropriated to the appropriate line items in the Fiscal Year 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 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.
Mr. Reck provided a presentation regarding the financial status of the
Young -Laine Courts Building.
Mr. Bruce Bruchey, Powell Management Associates, presented Change
Order #002 associated with the Young -Laine Courts Building, which
represented a reduction of the contract sum of $6,140 and an increase of
thirteen (13) days to the construction timeline.
Supervisor Wright moved that Change Order #002 be approved. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Bruchey presented Change Order #3 associated with a proposed
emergency generator for the Young -Laine Courts Building.
Mr. Wrightson noted that contained in the Board's agenda are three (3)
options to fund the proposed emergency generator. He recommended that the
Board purchase an emergency generator and a ten (10) year extended
warranty.
Supervisor Casteen moved that the Board authorize the purchase of an
emergency generator and an extended ten (10) year warranty and that Change
Order #3 be approved. The motion was adopted by a vote of (3 -2) with
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Supervisors Brown, Casteen and Clark voting in favor of the motion and
Supervisors Bradshaw and Wright voting against the motion.
Mr. Bruchey addressed the Board regarding the relocation of Verizon
fiber optic lines for the Young -Laine Courts Building, which are in the way
and will need to be moved to facilitate a right turn lane deceleration lane into
the Josiah Parker Circle entrance.
Supervisor Wright moved that funding in the amount of $68,122.36 be
allocated for the relocation of five (5) Verizon fiber optic lines and that the
funding be taken from the project budget. 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 briefed the Board on the County's FY2008 -09 year -end fund
balance.
Mr. Reck presented a request from the Schools to carryover $1,520,725
in operating funds previously authorized by the County.
Supervisor Bradshaw moved that the Director of Budget and Finance
be directed to prepare an appropriation resolution to approve the encumbered
expenses for the FY2009 encumbered capital expenses for the Schools in the
amount of $33,913.24. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board defer the remaining school
items until the Board's January 21, 2010 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.
Mr. Reck requested the Board's direction with respect to the unfunded
requests for financial support contained in the agenda.
Supervisor Clark moved that the Board direct the Budget and Finance
Director to prepare a resolution appropriating $3,000 to Christian Outreach
for consideration at the Board's January 7, 2010 meeting under the Consent
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.
Supervisor Clark moved that staff be directed to provide a report to the
Board at its January 7, 2010 meeting with respect to the E -911 equipment
upgrade in the amount of $75,000 for action by the Board at its January 21,
2010 meeting. The motion was adopted by a vote of (5 -0) with Supervisors
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Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board authorize the Director of
Budget and Finance to provide the Board with a resolution in the amount of
$37,240 to cover the additional cost associated with the Budget and Finance
office. 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 to approve the Bills and Claims in the
amount of $274,275. 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 Appropriate Funds from the
Unappropriated Fund Balance for Conservation Forestry, LLC pertaining to
an earnest money deposit of $100,000 for the Blackwater River property for
the Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE FOR
CONSERVATION FORESTRY, LLC
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia (the "Board ") and Conservation Forestry, LLC ( "Conservation
Forestry ") entered into a Letter of Intent on August 20, 2009 which set forth
certain terms and conditions for the purchase of approximately 2,507 acres of
property from Conservation Forestry along with Blackwater River; and,
WHEREAS, the Letter of Intent stipulated that the Board would
provide an earnest money deposit in the amount of One Hundred Thousand
Dollars ($100,000.00); and
WHEREAS, funds in the amount of One Hundred Thousand Dollars
($100,000.00) 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 One Hundred Thousand Dollars
($100,000.00) from the Unappropriated Fund Balance of the General Fund be
appropriated to the FY 2009-30 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 (4 -1) with Supervisors Bradshaw,
Brown, Clark and Wright voting in favor of the motion and Supervisor
Casteen voting against the motion.
Steven A. Aigner, Coordinator of Fire and EMS, presented a
Resolution to Appropriate Funds from the Unappropriated Fund Balance for
the Purchase of a Replacement Fire Engine for the Rushmere Volunteer Fire
Department for the Board's consideration.
Brandon Jefferson, Chief, Rushmere Volunteer Fire Department,
advised the Board that the electrical problem had not been the main reason
for the request to replace the truck. He stated that there are numerous reasons
to request that the truck be replaced, such as it meets the 20 -year mark
established by the Fire and Rescue Association for replacement. He advised
that the Rushmere Volunteer Fire Department members have agreed to move
three (3) out of its five (5) CIP items further out into the CIP, but that moving
the engine replacement out one (1) year will cost the County $34,000;
$20,000 for the cost of the engine and $14,985 due to inflation. He
recommended that the purchase of the vehicle not be moved out a year.
Supervisor Clark advised that the County is experiencing budgetary
constraints due to the announced closure of International Paper and a
downturn in the economy.
Rudolph Jefferson, Assistant Chief, Rushmere Volunteer Fire
Department, commented that the Department understands that the economy is
experiencing a downturn and that the County is not bringing in the revenue
that it once did; however, he would request that all agencies be treated
equally and that they all be told to defer their purchases.
Supervisor Casteen moved that the request from the Rushmere
Volunteer Fire Department for the replacement of engine 31 be deferred until
the Board's January 21, 2010 meeting. The motion was adopted by a vote of
(4 -1) with Supervisors Bradshaw, Brown and Wright voting in favor of the
motion and Supervisor Clark voting against the motion.
Mr. Aigner represented a request from the Smithfield Volunteer Fire
Department for a heavy rescue replacement.
Supervisor Wright moved that the request from the Smithfield
Volunteer Fire Department for a heavy rescue replacement be deferred until
the Board's January 21, 2010 meeting. The motion was adopted by a vote of
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(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Mr. Aigner updated the Board on the status of the apparatus bay
addition and interior alterations to the Rushmere Volunteer Fire Department.
Supervisor Bradshaw moved that the proposed addition and interior
alterations to the Rushmere Volunteer Fire Department be deferred until the
Board's January 21, 2010 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.
Mr. Aigner updated the Board on the status of the construction of the
new Smithfield Volunteer Fire Department.
Beverly H. Walkup, Director of Planning and Zoning, updated the
Board regarding the Pinewood Heights relocation project and the Booker T.
Estates Community Development Block Grant project.
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.
Mark W. Furlo, Director of Parks and Recreation, following an update
to the Board on the status of the Henry H. Bradby Park (Hardy District Park),
was requested to prepare a written report for inclusion in the Consent Agenda
at the Board's January 7, 2010 meeting.
Regarding a proposed resolution of sewage treatment billing charges
with the City of Franklin, Supervisor Bradshaw moved to authorize County
Attorney Burton to work with the City of Franklin Attorney to develop a new
sewer agreement. 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 Consent Agenda.
A. Donation of Nike Park Rental Fees to Isle of Wight/Surry Relay
for Life
B. Laptop Update
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C. Solid Waste Disposal Fee
D. Request by SPSA for Volume Cap Allocation
E. Thomas Park Neighborhood Sanitary Sewer
F. Changes in the Secondary System of State Highways for Mt.
Holly Creek Lane (Route 697) and Carver Road (Route 1603)
Resolution of the Board of Supervisors of Isle of Wight
County to Request the Virginia Department of
Transportation to Add a New Road to the Secondary
System of State Highways and to Abandon Road Segments
that no Longer Serve a Public Need (Mt. Holly Creek
Lane)
Resolution of the Board of Supervisors of Isle of Wight
County to Request the Virginia Department of
Transportation to Add a New Road to the Secondary
System of State Highways and to Abandon Road Segments
that no Longer Serve a Public Need (Carver Road)
G. Planning Commission Action List of November 24, 2009
H. Resolution of Appreciation for Mr. R. L. Walker
I. Notes from the Small Business Committee Meeting on October
14, 2009
J. Isle of Wight County Board of Zoning Appeals 2009 Annual
Report
K. October 27, 2009 Special Meeting Minutes
L. November 5, 2009 Regular Meeting Minutes
Supervisor Wright moved that Items (A), (E) and (F) be removed for
further discussion and that the remaining items on the Consent Agenda 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.
Regarding Item (A), Donation of Nike Park Rental Fees to Isle of
WightlSurry Relay for Life, Supervisor Casteen moved that the matter be
deferred to the Parks and Recreation Committee with respect to the
development of guidelines. The motion was adopted by a vote of (5 -0) with
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Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Regarding Item (E), Thomas Park Neighborhood Sanitary Sewer, Mr.
Wrightson agreed to meet with Mac Neblett and Congressman Forbes at the
site regarding the feasibility of relocating the storm sewer drains.
Regarding Item (F), Changes in the Secondary System of State
Highways for Mt. Holly Creek Lane (Route 697) and Carver Road (Route
1603), Chairman Brown moved that the two (2) resolutions be adopted. 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 Appointments.
Supervisor Bradshaw moved that Donna Claud be reappointed to
represent the Carrsville District on the Bicycle and Pedestrian Facilities
Committee. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Clark moved that Debra Thurston be reappointed to
represent the Newport District on the Beautification Committee. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark moved that Arthur E. Berkley be reappointed to
represent the Newport District on the Bicycle and Pedestrian Facilities
Committee. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that Charles L. Powell be reappointed to
represent the Carrsville District on the Historical Architectural Review
Committee. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Wright moved that Antoinette Willis be reappointed to
represent the Windsor District on the Beautification Committee. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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//
Regarding the matter of the Isle of Wight Scholar Program, Supervisor
Bradshaw moved that the County Administrator be directed to communicate
with the School Superintendent the Board's thanks for their work on the
program and that the Board desires to keep the program active; however, due
to the economic and financial situation that exists today, the Board does not
believe it is appropriate to fund the program at this time. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Regarding the CASA Program, Supervisor Clark moved that carryover
funds of $10,116.93 be allocated to the CASA 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.
Chairman Brown called for New Business.
Resolution to Request Support from the City of Franklin and
Southampton County to Pursue a Boundary Amendment to Their
Newly Designated Enterprise Zone
Supervisor Bradshaw moved that the following Resolution be adopted
as presented:
RESOLUTION TO REQUEST SUPPORT FROM
THE CITY OF FRANKLIN AND SOUTHAMPTON COUNTY
TO PURSUE A BOUNDARY AMENDMENT TO THEIR
NEWLY DESIGNATED ENTERPRISE ZONE
WHEREAS, on October 22, 2009, International Paper announced its
intent to close their Franklin mill resulting in the loss of 1,100 jobs and
substantial tax revenue for Isle of Wight County, the City of Franklin and
Southampton County; and,
WHEREAS, the County is pursuing economic development
opportunities to offset the impact of said mill closure; and,
WHEREAS, on December 14, 2009, Governor Kaine officially
announced the Commonwealth's approval of the joint Enterprise Zone
Application as submitted by the City of Franklin and Southampton County;
and,
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WHEREAS, the Isle of Wight County Board of Supervisors recognizes
the benefits of the Enterprise Zone Program incentives to future business
recruitment in the revenue sharing district; and,
NOW, THEREFORE, BE IT RESOLVED THAT the County of Isle of
Wight hereby formally requests the support of the City of Franklin and the
County of Southampton in the pursuit of a boundary amendment to the newly
designated Enterprise Zone to include the International Paper revenue sharing
district in Isle of Wight County.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that staff be directed to send a letter to the
State requesting that the County be authorized to add a boundary adjustment
to the Franklin/Southampton County Enterprise Zone. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
//
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Code of Virginia regarding a personnel matter
pertaining to a specific public official; under Section 2.2- 3711.A.3 regarding
the provision of legal advice pertaining to acquisition of real property in the
Shirley T. Holland Intermodal Park; and, under Section 2.2- 3711.A.7
regarding consultation with legal council requiring the provision of legal
advice pertaining to probable litigation.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated by the Interim County Attorney. The motion was adopted
by a vote of (4 -0) with Supervisors Brown, Bradshaw, Casteen and Wright
voting in favor of the motion; no Supervisors voting against the motion; and
Supervisor Clark absent for the vote.
Supervisor Bradshaw moved that the Board return to open meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Brown,
Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Wright moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
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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: Brown, Bradshaw, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
/I
There was no action taken following the closed meeting.
At 12:30 a.m., Supervisor Bradshaw moved that the Board adjourn its
meeting, The motion was adopted by a vote of (5 -0) with Supervisors
Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
Carey ills Sto , Clerk
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