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10-16-2003 Regular Meeting e s~c~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr. Also Attending° Jacob P Stroman IV County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey Mills Storm, Recording Secretary Chairman MacManus called the meeting to order at 6:00 p.m, // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. ei Chairman MacManus called for approval of the agenda. County Attorney Stroman requested that Item 10, Closed Meeting, be added to the Agenda to discuss two (2) legal matters and a legal matter coupled with a matter concerning the investment of public funds where discussion in open meeting would jeopardize the bargaining position of the Board under Sections 2.2-3711.A.6 and A.7 of the Freedom of Information Act. He further requested that a matter concerning an amendment to the County's Purchasing Policy, a matter of a timber purchase, and a Resolution in Recognition of the Passing of the Spratley Family be added under the County Administrator's section of the .agenda. Supervisor Claud moved the Board approve the Agenda, as amended. The motion was adopted (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // 1 4; ®oo~ ~ 22 ;~:P ~7 Chairman MacManus indicated the Consent Agenda (Item 2) included the following items: A. DEQ/Public Notices for 10/6/2003 B. 2003 Hearing on the FY2005-2010 Six-Year Improvement , Program by the Commonwealth Transportation Board and the Virginia Department of Transportation C. Request by Page CountyBattle Creek Landfill Expansion D. Resolution to .Accept and Appropriate $29,778 from State Department of Fire Programs for the Fire Funds Program E. Resolution to Appropriate Revenue Sharing Funds from the General Fund Reserve Fund Balance F. Isle of Wight County Administration Building and Carrollton Volunteer Fire Department -Construction and Renovation Progress Report G. Quarterly Update of Action Steps H. Delinquent Real Estate Tax Collection Monthly Report I. September 4, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. County R~ orney Stroman requested .that .Item "D" (Resolution to Accept and App-opriate $29,778 from State Department of Fire Programs for the Fire Funds Program) be removed so that he could review the contract. Chairman MacManus requested that Item "F" (Isle of Wight County Administration Building and Carrollton Volunteer Fire. Department - Construction and Renovation Progress Report). be deferred to the County Administrator's report as there is additional information to report. Chairman MacManus requested that Item "G" (Quarterly Update of Action Steps) be removed for further discussion. Supervisor Clark moved the Board adopt the remaining Consent Agenda items and remove Items (D), (F) and (G). The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion, and no Supervisors .voting against the motion. 2 eooK 22 ~~^P 48 Supervisor .Clark moved the Board adopt "Item D", Resolution to Accept and Appropriate $29,778 from State Department of Fire Programs for the Fire Funds Program, subject to the review and approval of the contract by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion,. and no Supervisors voting against the motion. ` Chairman MacManus moved regarding Item "G", Quarterly Update of Action Steps, that a correction be made to Status of Delayed Items, Zoning Ordinance, to change the date of "March, 2003" to "March, 2004," and that the issue of recycling surveys be discussed at the Board's November 6, 2003 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Claud requested that staff advise the Town of Smithfield by letter that the Board will be taking action on the recycling matter at its November 6, 2003 meeting. // Chairman MacManus called for Transportation Matters, Jonathan W. Hartley, Director of Planning and Zoning, advised the Board that a "Pedestrian Crossing" sign would be more appropriate than a "Watch for Children" sign in the Gatling Pointe South Subdivision, He noted that a separate resolution requesting that is required by VDOT, and he intends to have it for the Board's consideration at its November 6, 2003 meeting. Supervisor Clark reminded Mr. Hartley that his request for a reduction in speed limit sign on Battery Park Road through the Gatling Pointe area and from Battery Park Road to the intersection of Gatling Pointe Parkway on both sides of the roadway remains a top priority for him. Supervisor Bradby requested the status of the debris clean-up along Track Lane, Mr. Hartley offered to investigate and report back to Supervisor Bradby on how successful VDOT contractors have been in cleaning up the debris that is placed at the edge of the right-of--way. // Chairman MacManus called for Citizen's Comments: Herb DeGroft, a member of the Isle of Wight Citizens Association and the United Methodist Benn's Church, reported his concern with a recent 3 ,., 8~~~ ~~ iMr` ~~ private meeting on development being held at Benn's Church by a developer which involved the historic St. Lukes Church. He noted the meeting was in the public domain, and should not have been held outside of the County. County Attorney Stroman clarified for the Board that there was no violation of the Freedom of Information Act because the meeting mentioned by Mr. DeGroft consisted of County staff members, not Board members. } Mr. DeGroft extended an invitation to the Board members to attend the Veterans. Day Candlelight service on Tuesday, November 11, 2003 at 7:00 p.m. at the Veterans Memorial Park in the Town of Smithfield. // Chairman MacManus called for the County Attorney's report. County Attorney Stroman presented a change order reducing the contract price for OSSI in connection with the hardware and software involved in the upgrades to the County's Emergency Communications Center in the amount of $1,080. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Change Order for the OSSI Project Management in the, amount of $1,080 to reduce the contract for items specified in same .that are not needed. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman addressed the Board with respect to the Vehicle Use Policy wherein there had been an amendment at the time of adoption. He noted on reflection, he would recommend the Board authorize that paragraph #5 be added to emphasize how employees will act both at the scene and after the accident. Supervisor Clark moved that the Board amend the County's Vehicle Use Policy, as revised on Page 8, to reflect that the employee driver (and employee passengers, if any) not make any statements (except to the. investigating officer) until they have made a report to the Chairman of the Accident Review Committee. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman announced for the Board's information that he has concluded negotiations .with Stratus to produce the. Emergency Communications upgrade. He noted that there is no action required by the Board. /I 4 • BOOK ~~ ~~~~ 5~O Chairman MacManus called for the County Administrator's report. Mr. Hartley presented the site. plan review for the Sonic Drive-in to be located at the Eagle Harbor Shopping Center. Chairman MacManus inquired if the .eight (8) items have been addressed. Mr. Hartley stated some were addressed with modifications made in the concept plan. He noted the lighting will be addressed when the final site plan is submitted to ensure there is no spill-over to Route 17. He reported that only monument signs will be allowed in that district. He stated .the roofline has been raised consistent with the Zooms store so that it will provide a visual screen of the equipment from the rooftop.. Dean G. Vincent, P.E. and Vice President of Kimley-Horn and Associates, Inc., briefed the Board on the efforts undertaken to hide any units on the rooftop. He noted extreme care was taken to ensure that the break in the detailing was compatible with the shopping center. He stated all items mentioned by the Planning Commission were addressed that could be addressed, but there were certain items that dealt with the identification of the restaurant itself, such as the cones, that were not changed, as it was felt they are a trademark of Sonic Drive-Ins. Supervisor Clark expressed a concern with the cones which he felt did not fit in with the remainder of the shopping center. He stated that he liked the proposed landscaping and brick, and he encouraged the developer to omit the cones as they are not necessary for identifying Sonic Drive-Ins. Dennis. Thies, developer and majority owner of the site, noted the concept is to return to the 19SOs and 1960s. He stated the cones have been used in Sonic Drive Ins since the 1950s, and were an original trademark of Sonic Drive Ins when founded in 1953. Supervisor Clark noted he is not concerned about whether or rot the cones were part of the original design, but more with the fact that the cones are not consistent with the remainder of the shopping center. He emphasized that the cones are not needed for the facility to be recognized as a Sonic Drive-In. Chairman MacManus requested .that the .developer keep Supervisor Clark's concerns in mind that the cones are not consistent with the rest of the shopping center. County Administrator Caskey presented an annual Amendment to the original Statement of Agreement between the Virginia Department of Health and Isle of Wight County for the Board's consideration. He stated the 5 4% eooK ~22 d~r:r 51 County Attorney has reviewed the Amendment and recommends it as to form. Supervisor Claud moved that the Board authorize approval of the Amendment to -the .Statement of Agreement between the Virginia Department of Health and Isle of Wight County, as approved by the County Attorney. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented for the Board's consideration of re-appropriation E-911 funds for the CAD/RMS software and hardware. He stated the Emergency Communications Director is requesting she be authorized to utilize. E-911 surplus funds for training staff on this system. Supervisor Claud inquired if the training funds being requested are solely for this equipment and are all the remaining funds needed. Sherri A. Bush, Emergency Communications Director, replied that the funds are to be utilized for this project only. She stated she only anticipates utilizing a portion of the remaining funds. to set up a staging area for user training, in addition to travel and training expenses for those individuals that will have to travel to receive system administrator training and management training. Supervisor Claud moved that the Board authorize funding not to exceed $22,750 from the remaining Capital Project (E-911 .Fund Balance) funds to cover needed training for Emergency Communication Center staff, subject to the approval. of the County Administrator. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey reported that with respect to survey results pertaining to curbside recycling, the-Town of Windsor has advised that it has received feedback from the survey of its residents. He stated that he anticipates having input from the Town of Smithfield when the Board considers this matter again on November 6, 2003. County Administrator Caskey noted that VACo had developed a draft 2004 legislative program and policy statements for review by its respective steering committees on November 9, 2003 and presentation to VACo's membership for final adoption during VACo's Annual Business Meeting on November 11, 2003. He noted that any comments or additional proposals for inclusion in VACo's Legislative Program and Policy Statements must be submitted to the VACo business office by October 20, 2003 .for assignment to the appropriate steering committee.. He noted that staff would come back 6 800 22 ~,~r.° ~? at the Board's November 6, 2003 meeting with a modified legislative program relative to local priorities. County Administrator Caskey requested the Board's direction in designating its voting members for the VACo Annual Business Meeting. He noted that traditionally, the Board's Chairman and Vice-Chairman are designated to serve as the voting delegate and alternate voting delegate. Supervisor Bradshaw moved the Board designate the Chairman as the County's Voting Delegate and the Vice-Chairman as the Alternate Voting Delegate authorized to vote at the VACo Annual Business meeting.. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' presented for the Board's consideration a resolution in recognition of the recent tragic traffic incident of the Spratley family on October 11, 2003. Supervisor Bradby moved the Board adopt the following Resolution; RESOLUTION IN RECOGNITION OF THE PASSING OF THE SPRATLEY FAMILY WHEREAS, on Saturday, October 11, 2003, Isle of Wight County experienced the loss of an entire family due to a tragic traffic incident; and, WHEREAS, the members of the Spratley family -Gene Spratley, Jr., Felicia Spratley, Brittany Spratley, and Trey Spratley -were very active in their church and in their community; and, WHEREAS, the Board of Supervisors of Isle of Wight County is deeply saddened by the news of the Spratley family's untimely passing. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its sincere condolences to the family of Gene Spratley, Jr., Felicia Spratley, Brittany Spratley, and Trey Spratley. BE IT FURTHER RESOLVED that the words of this resolution be spread upon the minutes of the Board of Supervisors. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Alan S. Nogiec, Director of Parks and Recreation, stated as part of the process to develop the first phase of the Fair Grounds at the Central County 7 eoaK ~22 iy^r ~V 1 Park, staff entered into a contract with Garrison Forestry Service to develop a contract to sell the timber. He stated due to the amount of trees affected by Hurricane Isabel, staff only received one (1) bid for the purchase of the timber, and staff is requesting that the. Board waive its policy of receiving more than one (1) bid so that staff can open the bid. County Attorney Stroman advised that the Board include in .its motion that this is an exception to the Board's policy due to extraordinary circumstances. Supervisor Claud moved the Board authorize staff to open the timber bid received, accept the bid should the amount be within the acceptable range identified by the consultant, and that it be recognized that this is an exception to the Board's policy due to extraordinary circumstances. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. 1 Anne F. Seward, Director of Budget and. Finance, .presented a Resolution to Amend the County's Central Purchasing Policy for the Board's consideration. She stated the amendment adds a section that allows staff' to negotiate a lower .contract price with the lowest responsive and responsible bidder should the bid exceed the budgeted amount for a project. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO AMEND THE COUNTY CENTRAL PURCHASING POLICY WHEREAS, the Isle of Wight County Central Purchasing Policy addresses the County's policies and .procedures .regarding the purchase of goods and services for the County government; and, WHEREAS, the following amendment to the Central Purchasing Policy is necessary to incorporate procedures for negotiations with the lowest responsible bidder for use by Isle of Wight County as is required by the Virginia Public Procurement Act. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Central Purchasing Policy be amended to add .Section 1.8 to read as .follows: CENTRAL PURCHASING POLICY Section 1.8 Negotiation with Lowest Resonsble Bidder 8 eooK 22 >~rt ~4 Unless cancelled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, .the County may negotiate with the apparent low bidder to obtain a contract price within available funds. When the award is not to the apparent low bidder, a statement for placing the order elsewhere.. shall be prepared by the Director of the Using .Department. and approved by the Purchasing Agent, and shall be filed with the transaction, A. Procedures for Negotiations If the. County wishes to negotiate with the apparent low bidder to obtain a contract price within available funds, negotiations shall be conducted in accordance with the following procedures: 1. The Director of Finance and the Purchasing Agent shall determine that the apparent low bid exceeds available funds. 2. The Purchasing Agent shall advise the lowest. responsible bidder, in writing, that the proposed purchase exceeds available funds. After consultations with the .Director of the Department involved, the Purchasing: Agent may suggest a reduction in scope for the proposed purchase, and invite the lowest responsible bidder to amend its bid proposal based upon the proposed reduction in scope. 3. Repetitive informal discussions with the lowest responsible bidder for purposes of obtaining a contract within available funds shall be permissible. 4. The lowest responsible bidder shall submit a written addendum to its bid, which addendum shall include: the change in scope for the proposed purchase; the reduction in price; and the new contract value. 5. If the proposed addendum is acceptable to the County, the County may award a contract within funds available to the lowest responsible bidder based upon the amended bid proposal. 6. If the County and the lowest responsible bidder can not negotiate a contract within available funds, all bids shall be rejected. Adopted this 16`i' day of October, 2003. The motion was adopted. (4-0) with Supervisors MacManus, Bradby, Clark and. Claud voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent for the vote. 9 ¢ ^~ '~ r eo K 2 %~.: ~~~.) County Administrator Caskey presented for the Board's consideration the issue of the Isle of Wight County Administration Building and Carrollton Volunteer Fire. Department/Construction and Renovation Progress Report, which was deferred from the Consent Agenda to the County Administrator's report for further discussion by the Board. Following no questions by the Board,. Supervisor Clark moved that the Board accept the report. The motion. was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman MacManus called for Old Business. Supervisor Bradby moved that the Board amend the regular orCer of the agenda to allow for Marie Bailey to address the Board as she arrived too late at the meeting to speak under Citizens Comments. The .motion was adopted unanimously (5-0). Marie Bailey of 12462 Rocky Road in Carrollton requested the status of her earlier request for a peddler's license to sell toys. She made reference to a fall she received upon leaving the Board of Supervisors' meeting on September 4, 2003 and associated medical bills, as well as a recent incident involving two (2) deputies at the Sheriff's Department. Chairman MacManus advised Mrs. Bailey that staff would forward the information she has relayed regarding her recent arrest on to the Sheriff for his action.. He stated staff would also continue to work with her with respect to her peddler's license. // Chairman MacManus called for New Business. Chairman MacManus reported that he and the Director of Emergency Management had attended the Congressional Hearings on Friday, October 10, 2003 on Hurricane Isabel. He stated the County did provide a request to act in writing on Friday,_not on Monday, as first indicated by the Secretary of Public Health. He stated that while there appeared to be communication breakdowns at the FEMA and State levels, the County had done its job in forwarding the written request to the State. He stated the County's Congressional members were aware of the issue and knew where the responsible parties failed. Supervisor Clark stressed the importance of moving up the critique process as much as possible so that the experiences and lessons learned are 10 eoaK 22:~..r ~6 M ~: as fresh as possible. He praised Mr. Childress for.. the excellent way he conducted the County's business at the meeting the other evening. // At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0}. // Supervisor Bradshaw moved that the Board take a five (5) minute recess. The motion was adopted unanimously (5-0). // Supervisor Claud moved the Board reconvene its meeting. The motion was adopted unanimously (5-0). // Chairman MacManus called for a public hearing on the following: A. The application of Ann Clark Steinbach, owner and 17 Corner Properties, LLC, prospective owner for a change in zoning classification from RAC to Conditional ,General Commercial, approximately .88 acre of land located adjoining 14214 Carrollton Boulevard, which is on the west side of Carrollton Boulevard (Route 17) north of Brewer's Neck Boulevard (Routes 258. & 32) in the Newport Election District. The purpose of the application is for auto .sales and service as conditioned. Mr. Hartley distributed to the Board a graphic illustration of the entire property. He noted that the portion being rezoned is the. smaller parcel that contains an existing residence. He stated the Planning Commission recommended approval with the recommendation that the applicant's plan be exempt from design review. Chairman MacManus called for persons to speak in favor of, or in opposition to, the application. Charlie Williams, Williams Auto Mart, represented that it was his intention to purchase the parcel to be used for parking, which adjoins his existing car lot. He requested that the Board exempt the plan from design review. 11 I; Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw expressed concern with the types of allowable uses, such as mobile home sales, gas stations, and laundry mats, for the properly under consideration.. He suggested that. if the Board approves. the conditional use for this property, and the applicant's purpose is for auto sales and service, then the application should be conditioned and zoned accordingly for. no other use. He stated the Board, if it approved the application, would be approving a .wide range of uses that are extremely vague and the interpretations are left up to the Director of Planning and Zoning. Supervisor Clark commented that Mr. Williams already runs an established auto business, and he wants him to be able to continue doing this; however, he might feel differently about some of the other allowable uses in that zoning. Mr. Hartley advised that some of the more problematic uses that are contained in the list of allowable uses, under the new Zoning Ordinance, would require approval. of a Conditional Use Permit, in addition to site plan reviews. County Attorney Stroman advised that there is a distinction between a zoning classification and a Conditional Use Permit. He stated, if the Board has a concern with this application, the public hearing can be completed, and the Board can defer a decision on the application, which would allow an opportunity for the County Attorney and Director of Planning and Zoning to confer with the prospective owner to see if he is willing to offer a shorter list of potential uses as a proffer. Supervisor Bradshaw inquired if the proffer condition could stipulate that the only business that would be on site would be the current business in existence today, and if the business was sold or leased, that the rezoning would become null and void. County Attorney Stroman stated there are legal problems with Supervisor Bradshaw's suggestion conceptually, but he does think the matter can be handled by tabling the matter and allowing he and .the Director of Planning and Zoning. to confer with the applicant with the idea of bringing back revised proffers that are acceptable to him and by having those proffers identify only those zoning categories that fall within the scope of the existing business. He stated he would recommend that the Board proceed with setting the matter for public hearing at the Board's November 6, 2003 meeting because if the proffers change substantially it will be a material change in the application. 12 Supervisor Bradshaw: moved the Board direct staff to re-advertise the application of Ann Clark Steinbach, owner and 17 Corner Properties, LLC, prospective owner, for the Board's November 6, 2003 meeting, at no cost to the applicant, to rehear the application with respect to further consideration of the proffered conditions. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the public hearing on the application of Ann Clark Steinbach is to be advertised at 5:00 p.m, and the time of the regular meeting changed from 2:00 to 4:00 p.m. The motion was adopted (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following: B. The application of James Norman Oliver, Sr. and Arlene M. Oliver for a change in zoning classification, from RAC to Conditional Rural Residential, approximately one (1) acre of land located on the east side of Longview Drive (Route 602) south of Oliver Drive (Route 600) in the Windsor Election District. The purpose of the application is for one single-family residential lot. Mr. Hartley advised the Board that staff yesterday received a letter from James Oliver, a copy of which has been .placed at each Board member's seat, revised the proffered conditions to increase the cash proffer from $1,000 to $3,000 Chairman MacManus called for persons to speak in favor of, or in opposition to, the application. James Norman Oliver, Sr. and Arlene M. Oliver, the applicants, requested the Board approve the application. Gregg Parsons of Oliver Drive requested the Board approve the application. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of James Norman Oliver, Sr. and Arlene M. Oliver, as conditioned. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark -and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following: 13 9•, C. The Conditional Use Permit application of International Paper Company for expansion of the International Paperlandfill which is located on the west side of Jenkins Mill Road (Route 615) north of the Southern Railroad in the Carrsville Election District. The total site development area will be approximately one hundred fourteen (114). acres with approximately eighty (80) acres disposal area. Chairman Bradshaw noted due to a conflict of interest he would not be discussing or voting on the application due to his former employment with International Paper and current employment with Nevamar. Mr. Hartley provided the Board a copy of a letter received by staff today from Motorplex, Inc., adjoining property owner, in opposition to the request for the Conditional Use Permit because that company feels apFroval will hurt the value of the property as they attempt to develop it into an industrial park. Chairman MacManus called for persons to speak in favor of, or in opposition to, the application. Ellen Cobb, International .Paper, requested the Board approve the Conditional Use Permit for expansion of International Paper's existing landfill.. She stated operation of the existing landfill began in 1987, which consists of forty-seven (47) disposal acres, and is expected to be nearly full by mid to late 2004. She stated the proposed expansion will be developed and constructed in phases and will add, if approved, thirty-three (33) acres of landfill disposal space,. for a total of eight (80) acres. She stated the estimated life of the proposed expansion is thirty-three (33) years. She stated there is no increase anticipated in waste volume or truck traffic. County Attorney Stroman reported that he has received materials from International Paper, including a letter submitted to the Virginia Department of Environmental Quality (DEQ) concerning the financial assurance and the citation concerning the solid waste financial assurance requirements. He asked Ms. Cobb to address why financial assurance is being offered in lieu of a bonding requirement. Ms. Cobb stated it is a factor of convenience and because it does not tie up International Paper's cash funds under a .surety based on International Paper's financial position and strength. She stated .DEQ has accepted International Paper's corporate guarantee as opposed to a bond Chairman MacManus noted that the .County has become very restrictive with Conditional Use Permits approved only for the applicant seeing the Conditional Use Permit, .with the intention that any future 14 aooM 22 !~~ applicants that come before the Board will be required to reapply for a Conditional Use Permit with the County. County Attorney Stroman verified that. no other material other than that generated by International Paper could be deposited into the landfill. He stated that a successor in interest would succeed to the rights and liabilities of the company and this is not a piece of real or personal property, rather it is a privilege conferred by the local government. ° Chairman MacManus noted that he wanted to ensure that the three (3) pages submitted by International Paper are part of the condition of the permit, Ms. Cobb stated that International Paper does not have a permit to construct the proposed landfill by DEQ, and she is concerned that the State may tell her she can not do what she has intended to do, yet she has accepted a requirement by the Board, Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the Conditional Use Permit Application of International Paper incorporating by reference the document submitted by International Paper in .support of its application as conditions with the proviso that there would be discretion to allow non- substantive deviations as required by DEQ and as determined by the Zoning Administrator. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from voting on the matter. Chairman MacManus called for a public hearing on the followingo D. The application of Tommie and Brenda Holloway for a Conditional Use Permit for a child care center at 3179 Beaverdam Road, Franklin, in the Windsor Election District, Chairman MacManus called for persons to speak in favor of, or in opposition to, the application. Tommie and Brenda Holloway, applicants, requested the Board approve their request for a Conditional Use Permit.. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Tommie and Brenda Holloway, as conditioned by the Planning Commission, 15 p'. eo~~ ~ 22 .~:.: ~l that all approvals from other agencies be obtained and that the Conditional Use Permit be restricted to the applicant only. The motion was adopted (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman MacManus called for a public hearing on the following: E. A request by Melvin. Holland for an exception to the Highway Corridor Overlay District to construct a masonry wall on properly located at 22073 Brewer's .Neck Boulevard in the Newport District. Tax Map No. 33-0 l -203. Chairman MacManus called for persons to speak in favor of, or in opposition to, the request. Melvin Holland, applicant, requested the Board approve his request. He explained that in April of 2003, a tree fell causing the fence to be knocked down. He stated he desires to install a cinderblock fence to match his surrounding property. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw inquired how many other exceptions have been granted in the Highway Corridor Overlay District. Mr. Hartley noted that the Carrollton Volunteer Fire Department does not comply with all the requirements of that District. Supervisor Claud inquired if the applicant intended to leave the old wooden fence. Mr. Hartley replied that the old wooden fence would remain in the back, but would be totally removed on the side of the masonry wall. Supervisor Claud noted that if the old wooden fence remains, then nothing has been done to improve the appearance of the property. He noted the removal of the old wooden fence should be a requirement of approval. Supervisor Bradshaw stated he would not be able to support the request because the Board has been strictly adhering to the guidelines with respect to appearances in this District. He stated this is an opportunity to deal with a property which is grandfathered. Supervisor Clark moved that the .Board approve the application of Melvin Holland with the condition that the old fence be removed and with the conditions suggested by the Planning Commission that the wall will be painted white, a new roof installed and landscaping installed at the wall. The 16 motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and Claud .voting in favor of the motion, and Supervisor Bradshaw voting against the motion. // Chairman MacManus called for the continuation of New Business. Supervisor Bradshaw requested the status of the applications for the Hazard Mitigation Program. County Administrator Caskey stated that the State has announced that public briefing meetings will be held later this month and he has designated certain staff to follow through this. process. He stated the deadline for applying is December 2, 2003. Supervisor Bradshaw cautioned .staff to follow all the processes and ensure that staff requests more than adequate funds for those citizens, specifically in the Hardy District, whose homes were completely destroyed. He stated staff should also communicate to the citizens that this is a long, drawn-out process. He suggested that staff follow the same procedure as with Hurricane Floyd with respect to contacting individuals, such as advertising, and that staff .contact the Department of Social Services to request the names of individuals that are involved. Supervisor Bradshaw requested an .update on debris removal. County Administrator Caskey stated debris removal is an ongoing effort. He offered to provide relevant detailed information to the Board should they desire. Supervisor Bradshaw stated VDOT has not made any effort at this ' point. in time to remove debris in the southern end of the County. He noted. that Business Route 58, between Franklin and Carrsville and to Holland, has not been touched yet. He stated citizens from his .district .have been inquiring when the debris will be removed. and he would like for staff to provide him with a schedule of when VDOT .anticipates being in his district removing debris. He noted that he recently watched a County contractor cut live trees that are three (3) to four (4) inches in diameter on Route 258, and leave behind trees that are leaning and should be cut. He stated he can not explain to citizens that the County is not wasting taxpayers money. Chairman MacManus suggested that staff could contact VDOT and request a schedule of when VDOT intends to clean up the debris in the various parts of the County. 17 eoew , 22 ~•~• ~3 Supervisor Bradshaw inquired if the County has a requirement that the debris removal trucks be covered with tarps. He stated he is seeing debris along the highways that the contractors are leaving behind. County Attorney Stroman .offered to investigate the statute with respect to the requirement that trucks transporting debris throughout the County must be covered. Supervisor Bradby noted. that he is hearing from-his constituents about the debris that has not been removed in his district, particularly the large stumps and logs on Track Lane. Chairman MacManus noted that once staff receives a clean-up schedule from VDOT, it needs to be advertised on the County's PEG channel. // County Attorney Stroman requested a closed session to discuss two (2) legal matters and a legal matter coupled with a matter concerning the investment of public funds where discussion in open meeting would jeopardize the bargaining position of the Board under Sections 2.2-3711.A.6 and A.7 of the Freedom of Information Act. Supervisor Claud moved the Board enter closed session for the reasons stated by the County Attorney. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no Supervisors voting against the motion, and Supervisor Clark absent for the vote. Supervisor Claud moved the Board rescind the above motion, noting Supervisor .Clark was not present. The. motion was adopted by a vote of (4- 0) with Supervisors MacManus, Bradby, Bradshaw and Claud 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 take a five (5) minute recess. The motion was adopted by a vote of (4-0) -with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no Supervisors voting, against the motion, and Supervisor Clark absent for the vote. Supervisor Claud moved the Board: enter closed session as previously stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. 18 ' f.rN d' w~ ~~ eoeN p „: Supervisor Claud moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: ' CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance .with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the .Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board'of.Supervisors hereby certifies that, to the .best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Claud moved that the Board authorize the Chairman to enter into a settlement agreement for the litigation matter discussed in closed session. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion, and no Supervisors voting against the motion. // 19 P; 804K ~~ rFG~ ~`) At 9:05 p.m., Supervisor Bradby moved the Board adjourn its meeting. The motion was adopted unanimously (S-0). Richard K. MacManus, Chairman 20