Loading...
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. I/ // 1/ 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 2 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. /1 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 4 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. 1/ /1 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. 6 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. 7 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). 9 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. 10 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: I1 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. 12 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. 13 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 14 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); J• 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 15 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 31 $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. 1/ 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 32 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 33 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 34 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 36 (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 37 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 38 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. 39 // 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, 40 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 41 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 42