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02-05-2004 Regular Meetingn i~ goQ~ ~ 22 F~:1~3 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III . Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 6:00 p.m. /l Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. County Attorney Stroman requested that the issue of the County .Street Map Update be added under Old Business. He further requested that the closed meeting consist of the following matters: Two (2) matters for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or .industry's interest in locating or expanding its. facilities in the community. under Section 2.2-3711.A.5; two (2) matters concerning advice of counsel on .specific legal matters under Section 2.2- 3711.A.7; and two (2) matters for discussion concerning personnel under Section 2.2-3711.A.1 of the Freedom of Information Act, for a total of (b) matters. ..Supervisor Bradshaw requested that the February 2, 2004 meeting between the Board and Congressman Forbes be placed under New Business for discussion. He further requested that the issues of Item (F) Isle of Wight County/Town of Smithfield Archaeological Assessment, and Item (G) 8- Hour Ozone Nonattainment .,Area Designation, listed on the Consent Agenda, be placed under New Business for further discussion. i eooK a 2~ Fac~194 Supervisor Bradby .moved that the Board approve. the agenda, as .amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations. Melvin Atkinson, Rural Community Coordinator .for the City of Virginia Beach, briefed the Board regarding that City's programs designed v to assist the farming community and to preserve agricultural property. Chairman -Clark noted that the Board would be further discussing Virginia Beach's farming programs under New Business. Woodie L. Walker, II, Chairman of the BlackwaterlNottoway RiverKeeper .Program, addressed the Board on the Blackwater River Regional.Forum designed to increase awareness of environmental concerns in the Blackwater watershed, which includes the fish consumption advisory for mercury issued by the Virginia Department of Health on October 29, 2003. He invited the Board to attend the forum scheduled for April 1, 2004. Chairman .Clark noted that the forum is scheduled on the same day as a Board of Supervisors' meeting, but that .staff would attend on its behalf and make a report back to the Board. He invited Mr. Walker to also report back to the Board following the forum. // Chairman Clark indicated the Consent Agenda included the following items: e A. DEQ/Public Notices for January 12, 2004 and January 26, 2004.. . i E } B. Actions of the Isle of Wight County Board of Zoning Appeals Meeting of January 5, 2004 C. Actions of the Isle of Wight County Planning Commission Meeting of January 13, 2004 D. Action List Status Update E. .Isle of Wight County. Administration Building and Carrollton Volunteer Fire Department -Construction and Renovation Progress Report 2 E r BooK ~ 22 ~a~:195 F. "Isle of Wight County/Town of Smithfield. Archaeological Assessment G. 8-Hour Ozone Nonattainment Area Designation H. January 8, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor Bradshaw moved the Board adopt the Consent Agenda,. as presented. The motion was adopted by a vote of (5.0) with Supervisors , MacManus, Bradby, Bradshaw, .Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Regional Reports. Supervisor MacManus reported on the recent Southeastern Public Service Authority meeting. He stated total tonnage for the year is up 20%, with the County's waste being up 13.5%. He advised that in accordance with State law, a revised regional solid waste management plan will have to be put out by the County and the Towns of Smithfield and Windsor to request SPSA to be the regional solid waste planning agency as opposed to the Hampton Roads Planning District Commission. He requested staff develop the necessary paperwork to address this requirement. Chairman Clark reported that the topics of focus at the most recent meeting of the Southside Mayors and Chairs were pertaining to new revenue streams for education and transportation items. Chairman Clark reported on the most recent meeting of the Hampton Roads Planning District Commission meeting. He stated -that the State. economy is rebounding, and is ahead of the national average in .regards to recovery of State economies. Supervisor Bradshaw noted that the Virginia Association of Counties Annual Legislative Day is scheduled for Thursday, February 12, 2004 and that there would. be a Board of Directors meeting held that morning. He reported that Governor Warner and Senator Chichester would be holding a joint. press conference, and he invited all officials to attend to show support for their budget proposals. Supervisor Bradshaw moved that the Board direct staff to distribute the press conference announcement to the School Board, the Smithfield Town Council and the Windsor Town Council, encouraging them to.attend to show their support for the budget proposals. Should" they not be able to attend, their respective staffs should be sent on their behalf. The motion was 3 Boor 2~ ~ac~1.96 adopted by a vote of (5-0) with Supervisors MacManus, Bradby; Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Transportation Matters. Jonathan W. Hartley, .Director of Planning and Zoning, reported that. the Preliminary Alternatives Meeting for the Route 460 Location Study is scheduled for February 24,,2004 at the Windsor High School from 4:00 p.m. until 8:00 p.m. He noted that. public hearings on this project are anticipated in early 2005. Supervisor Bradshaw noted that he and Supervisor Wright plan on attending the Preliminary Alternatives Meeting and will represent the County. Mr. Harney noted that there has been discussion involving the expansion of the Route 460 study area and that he .would provide Supervisors Bradshaw and Wright with the Position Statement adopted by the Board so that they can continue to emphasize the Board's position. Responsive to comments. made by Grace Keen at the Board's January 15, 2004 meeting for an update on the status of safety improvements to the James River Bridge, Mr. Hartley advised the Board that VDOT, in .March of 2000. provided a detailed assessment of the options available as follows: 1) constructing four (4) crossovers between the north and south bound lanes; 2) stopping traffic off the bridge; and, 3) .installing variable message signs. He noted that due to overall costs and issues related to traffic congestion, VDOT recommended further consideration of the variable message sign option (Option ~#3). He stated that in October of 2001, VDOT.provided a more in depth analysis of an Advanced Warning System .that .could be installed and the. Board held a public hearing at its meeting of November 15, 2001, at which. time the matter was tabled. He advised that on March 11, 2002, the Board added this project to its list of Primary Road projects supported by the Board during the preparation of the Six-Year Transportation Improvement Program by the Commonwealth Transportation Board. He stated the Board has included the Advanced Warning System project in their Resolution of projects. presented to the Commonwealth Transportation Board at the Preallocation Hearings held in 2002 and 2003. He stated in recent years, many previously planned projects have been cut from the Six-Year Transportation. Improvement Plan due to financial constraints of the Commonwealth and VDOT. He further stated that getting cut projects refunded has not been successful to date, and adding new projects to the Transportation. Improvement Plan has been even more difficult. i~ 1 800K 22 ?AG~%~7 Supervisor Bradshaw moved that the Board direct staff to resubmit the County's request to Congressman Forbes that the James River Bridge and the Blackwater River Bridge to be considered Homeland Security issues. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus requested that staff contact VDOT and obtain a Corrective Action Plan demonstrating how VDOT intends to make the James River Bridge more accessible during inclement weather and imminent security threats. This matter is to be brought back to the Board for discussion at its March 4, 2004 meeting. Responding to Supervisor Bradshaw's previous requests to VDOT for a cost analysis illustrating what has. been allocated and what has been spent on road projects, Mr. Hartley advised that he would follow-up on the matter and provide the Board with a status report. // Chairman Clark called for Citizen's Comments. Dahlis Atkins, Chief .Deputy Treasurer, briefed the Board on the changes being implemented within that office. She `noted that .additional satellite offices were opened during decal season and the decal -forms were redesigned. She further .noted that staff is currently in the process of redesigning tax bills in an effort to make them similar to the decal forms and that staff is investigating the possibility of implementing on-line banking. Grace Keen noted that she enjoyed attending the Board's recent retreat on January 23~d. She thanked the Board again for Their efforts in having the restrooms updated at the Nike Park facility. She invited the Board to attend an Isle of Wight. Citizens Association .meeting scheduled- .for Monday, February 9, 2004 at 7:00 p.m. at Benns United Methodist Church where discussion will be held on the Centex homes development proposed on the Gwaltney farm. She reported that the. Commission on Aging, at its recent meeting, took action to send senior citizens to a workshop scheduled in the Spring and that a letter be sent to Congressman Forbes concerning an amendment to the Americans with Disabilities Act with regard to the mail boxes being moved to the opposite side of the roadway along Route 258. She further reported that the Isle of Wight Citizens Association sent a letter to the Governor concerning the James River Bridge. Supervisor Bradshaw moved that the Board direct staff to send Mrs. Keen's request, outlining the associated concerns and associated history, to Congressman Forbes seeking his support to have the mailboxes relocated to the opposite side of the roadway along Route 258. The letter is to include language that VDOT has been more responsive than the postal service in 5 BOOK ~~ PAO€~%Jp this matter. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Herb DeGroft advised that a teleconference pertaining. to the particulars associated with afour-day school. week has been scheduled for Thursday, February 18, 2004 at 12:00 at Paul D. Camp Community College. Sally Crocker of Modest Neck Road inquired why the recycling bin in the Hardy District had been removed. Supervisor Bradshaw moved that the Board direct staff to investigate the matter and report back to the Board on why the recycling bin was removed and if it should be returned to the- site. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting. against the motion. // Chairman Clark called for the County Attorney's report.. County Attorney Stroman presented a proposed resolution that would allow the withholding of a business license for the failure to pay County taxes. He recommended that the Board authorize him to advertise the matter for public hearing at the Board's. February 19, 2004 meeting. Supervisor Wright moved that the Board authorize the County Attorney to .advertise an ordinance withholding the issuance of a business license where the business seeking the license has failed to pay its County taxes, as allowable by State law, for the Board's February 19, 2004 meeting. ..The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in .favor of the- motion, .and no Supervisors voting in opposition to the motion. County Attorney Stroman stated pursuant to discussion at the Board's retreat, it does appear that a RFP is the advantageous way for the County to procure ~ needed services. He recommended that the Board adopt the resolution contained in the agenda to authorize the solicitation of proposals for the collection of fees for emergency medical transports. Supervisor Bradshaw .moved the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR COLLECTION OF FEES FOR EMERGENCY MEDICAL TRANSPORTS 1 ,~ 1 6 r. eooK 22 ~acF199 1 WHEREAS,. the Board Virginia, has determined that vendor to provide billing and transport; and of Supervisors of Isle of Wight County, it is appropriate to solicit the services. of a collection of fees for emergency medical WHEREAS, County staff will need to discuss and negotiate the scope of services, as well as determine the experience and overall competencies of potential vendors. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2-4303.C (l 950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for billing and collection of fees for emergency medical transport based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. Supervisor MacManus requested that the County Administrator place this matter on the next agenda of the Intergovernmental Committee meeting,- noting that it affects both of the surrounding towns. .County Attorney Stroman presented a proposed agreement with Atlantic Commonwealth Elevator Company and recommended that the Board authorize the Chairman to execute it on behalf of the County.. Supervisor MacManus moved that the Board authorize the Chairman to execute the Agreement and amendment with Atlantic Commonwealth Elevator Company. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the motion, and no Supervisors voting in opposition to the motion. County Attorney Stroman recommended that the Board adopt a resolution authorizing him to execute certain documents on behalf of the County and to accept the Deed of Trust on behalf of the County with respect to proffers offered by Mr. and Mrs. Little. Supervisor Wright moved the Board adopt the fallowing resolution: RESOLUTION TO AUTHORIZE THE COUNTY ATTORNEY TO ACCEPT DEED OF-TRUST AND NOTE FROM RONALD W. LITTLE AND LOIS R. LITTLE WHEREAS, The Board of Supervisors approved a rezoning of property owned by Ronald W. and Lois R. Little; and eooK 2~ FA~~200 WHEREAS, as a part of that rezoning, the Littler proffered six thousand eight hundred and ninety-five dollars ($6,895.00), which proffer the Board of Supervisors accepted; and WHEREAS, the County Attorney has prepared a Deed of Trust and Note to secure the proffer; i NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, .Virginia, pursuant to Code of Virginia Section 15.2-1803 (1950,. as amended) authorizes the County Attorney to accept the Deed of Trust and Note on behalf of the County, and file the Deed of Trust in the records of the Clerk of the Circuit Court of Isle of Wight County, Virginia. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. County Attorney Stroman reported that legislation concerning high grass and weeds would be considered by the House of Delegates in the next day or so. County Attorney Stroman stated pursuant to discussion at the Board's retreat, he has revised the Curbside Recycling Ordinance and he would be addressing the changes during the Public Hearing section of the agenda. .County Attorney Stroman noted he would be discussing under Item I7, Closed Meeting, those matters identified earlier. // Chairman Clark called for the Community Development Report. Mr. Hartley distributed information pertaining to the .2004 Virginia Certified Planning Association's Training Schedule for Planning Commissioners and members of the Board of Zoning Appeals. // Chairman Clark called for the Economic Development Report. Patrick. J. Small, Director of Economic Development, presented a . contract for advertising. services with Waters Advertising that he recommends the Board approve. Supervisor. Bradshaw .moved the Board authorize the Chairman and County .Administrator to execute the contract for advertising services i~ i~ 8 90~K ~~ r~::'~~1, between the County and Waters Advertising. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. // Chairman Clark called for the Parks and Recreation Report. Alan S. Nogiec, Director of Parks and Recreation, provided the Board with an update as to the current efforts of the County,. coordinated through the Events Committee, school system and libraries, with respect to recognition efforts of County volunteers. // Chairman Clark called for the Public Utilities Report. E. Wayne Rountree, Director of Public Utilities, presented a bond resolution that he recommends the Board adopt. Supervisor Bradshaw moved the Board ..adopt the following Resolution in the amount of $50,000: (RESOLUTION) WHEREAS, Isle of Wight County. needs and desires to install and. maintain certain infrastructure including water and sewer lines, storm drainage, entrances, etc. within the right of way owned by the Virginia Department of Transportation; and, WHEREAS, .the Virginia Department of Transportation needs to be assured that the installation and maintenance of said infrastructure items does not disrupt or destroy the road surfaces and right of way owned and maintained by the Virginia Department of Transportation; and, WHEREAS, the Virginia Department of Transportation desires that a resolution be adopted by the Isle of Wight County Board of Supervisors providing, assurance that should the County installation and maintenance cause damage to the right of way or road surface, the County will provide either the required repairs to said damage or provide the funding for the Virginia Department of Transportation to have such repairs made. NOW, THEREFORE, BE IT RESOLVED 'that the Isle of Wight County Board of Supervisors will indemnify and save harmless the. Virginia Department of Transportation from any expense, damage or injury which .the Virginia Department of Transportation may sustain growing out of the granting to said County by the Virginia Department of Transportation of said permits for such work. Be it further resolved that if said County shall 9 eoaK 22 rac~202 let to contract any works as foresaid, the contractor shall. be required before commencing such work to furnish the Virginia Department of Transportation an indemnifying bond with approved surety in the amount of FIFTY THOUSAND DOLLARS. ($50,000). The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. , Mr. Rountree advised that he would have specific cost recommendations pertaining to fluoride compliance for the Board at its March 4, 2004 meeting. // .Chairman Clark called for the County Administrator's report. Anne F. Seward, Director of Budget and Finance, presented options for the County's health insurance plan renewal. for the Board's consideration. She stated that employees have previously identified a desire for dental coverage; however, given the number of employees that .actually signed up for that coverage in the past, it is evident that such employees would rather see dental coverage included in the County's health plan. Supervisor Bradshaw expressed. his desire to improve the benefits of County employees. Supervisor MacManus noted that he would like for the County to be better synchronized with the benefits offered by the school system to its employees. He stated that he would like the opportunity to work with the School Superintendent in that regard, but he did feel that dental benefits are a step in the right direction. Chairman Clark stated benefits are an important factor in retaining good employees, and he is in favor of offering dental coverage to County employees. Supervisor MacManus moved that the Board select Option 1 contained in the report in the agenda, The motion was adopted (5-0) with Supervisors MacManus, .Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. // At 6:00 p.m., Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to conduct a public hearing. The motion was adopted unanimously (5-0). i~ f ~ sooK 22 ~R~.~2U3 ~~ Chairman Clark called for a public hearing on.the following: 1 An Ordinance to Amend Chapter 8, Garbage, Weeds and Litter to Add Article V, Residential Curbside Recycling County Attorney Stroman noted the .proposed Ordinance contains the following three (3) changes: 1) restricts curbside recycling to residential property; 2) provides that a Homeowners Association or other association would be responsible for the payment of fees to SPSA with the petition specifying who that organization would be, and, 3) provides for uniformity. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed Ordinance. No one appeared. 1 Chairman Clark closed the public hearing and called for comments from the Board Supervisor Wright moved that the Board adopt the following Ordinance: CHAPTER 8 GARBAGE, WEEDS AND LITTER ARTICLE V: CURBSIDE RECYCLING Section 8-27 Section 8-28 Section 8-29 Section 8-30 Section 8-31 Section 8-32 Section 8-33 Section 8-34 Purpose and Declaration of Policy Definitions Designation Procedure Fee for Curbside Recycling Collection of Recyclable Materials Scavenging and Unauthorized Collection of Recyclable Materials Enforcement and Penalties Severability SECTION 8-27. Purpose and Declaration of Policy.. This Ordinance has been enacted due to the increasing public interest in preserving the environment by reducing the amount of refuse sent to landfills and incinerators. Because of solid waste disposal problems and the potential solution. to some of these problems provided by recycling, it shall be the policy of the County of Isle of Wight to encourage curbside recycling of recyclable materials to the fullest extent possible in those platted subdivisions in the County which have chosen to be designated as recycling.. districts. eooK 22 rac2Q4 This Ordinance has been enacted pursuant to Sections 15.2-928 et. sue. of the Code of Virginia (1950), as amended. SECTION 5-28. Definitions. (a) Occupier of land means any person, partnership corporation, or nonprofit organization that shall hold title to or shall be in possession of any property in the designated recycling district whether as owner, lessee, or tenant. . (b) Curbside recyclable materials means those materials for which the Southeastern Public Service Authority shall provide curbside recycling. (c) Real property owner means any person, partnership, corporation or nonprofit organization that holds title to any property in a proposed recycling district. (d) Recycling means any process by which materials that would otherwise become solid waste are separated, collected, processed, and returned to the economic stream in the form of raw materials or products. (e) Recycling receptacle means the container provided by the Southeastern Public Service Authority for curbside recycling. (f) SPSA means the Southeastern Public Service Authority. (g) Village center means a village center district as defined in the zoning ordinance. SECTION 8-29. Designation Procedure. The Board of Supervisors shall. consider designating a platted subdivision or village center a recycling district when a majority of the real property (land) owners in the platted subdivision sign a petition. requesting such designation. Prior to circulating for signatures any petition for designation of a platted subdivision or village center. as a recycling .district, the individual proposing to circulate a petition shall .file copies of the proposed petition with the County Administrator's Office. The individual(s) proposing to circulate the petition shall be real property (land) owner(s) in the subdivision or village center for which designation as a recycling district is being sought and shall place on all petitions his/her name, residence address, mailing address, if different from residence address, and the name of the organization, if any, he/she represents. Each signator of the petition shall be a real property (land) owner of the platted subdivision or village center and shall sign his/her name, address and the date helshe signed the petition. Each signator must be a real property (land) owner in said subdivision. In no event shall a signature on a petition be valid six,(6) months after the date of signature. .* 1 1 12 BbOK 22 F~~~2O5 When a majority of said real property (land) owners have signed a petition requesting designation of their subdivision or village center as a recycling district, the petition shall be presented to the County Administrator's Office, which shall verify the signatures and set the matter for public hearing before the Board of Supervisors. Prior to the public hearing, the County Administrator's Office shall cause notice of the public hearing together with a descriptive summary of the petition .for designation as a recycling district to be published, and a reference to the place where copies of the notice and petition .may be examined shall be published at least once a week for two (2) consecutive weeks prior to the public hearing in a newspaper of general circulation in the County. Costs of publication shall be paid by the petitioners}. Written certification by the owner, editor or manager of the newspaper publishing the notice shall be deemed proof of publication. In addition, The County Administrator's office shall provide written notice to each real property owner in the proposed recycling district via first class mail. Such notice shall be paced in the mail not less than ten (l0) days prior to the public hearing. If, after public hearing, the Board of Supervisors designates a platted subdivision as a recycling district, such designation shall be valid for a term of five (5) years. SECTION 8-30. Fee for Curbside Recycling. All real property (land) owners in a designated recycling district. shall be billed the prevailing monthly fee by SPSA to provide .curbside recycling. SECTION 8-31, Collection of Recyclable Materials. (a) The collection of recyclables shall be performed by SPSA. (b) Only the materials designated for curbside recycling shall be placed in recycling receptacles provided by SPSA. SPSA shall provide recycling receptacles to each occupier of land within the recycling district. (c) Recycling receptacles shall be placed at curbside or other designated spot on the occupier of land's premises for collection on days specified by SPSA. Collections shall be made by SPSA, or .its .agent, on those days. (d) After collection, empty .receptacles shall be removed from the curb promptly by the occupier of land. , (e) All occupiers of land within designated recycling districts shall be provided with information on proper procedures for disposal of curbside recyclable materials and the collection dates. SECTION 8-32. Scavenging and Unauthorized Collection of Recyclable Materials. 13 ~~ BOOK ~FI' rh~'rlVo~ (a) It is a violation of this Ordinance for any person unauthorized by the County to collect or pick up or cause to be .collected or picked up any such curbside recyclable materials or receptacles. (b) Nothing in this .Section is intended to prevent any occupier of land from donating or selling recyclable material. from its own: refuse. SECTION 8-33. Enforcement and Penalties. (a) The Sheriff and Director of Public Works of Isle of Wight County are hereby authorized to enforce all provisions of this Ordinance. (b) It shall be unlawful for any unauthorized person to remove recycling receptacles or recyclable material placed in a curbside recycling container for recycling by a recycling program authorized by the ,County. Each unlawful removal of recyclable receptacles or materials shall constitute a separate Class 3 misdemeanor. (State Law Reference Section 15.2-928 (viii) of the Code of Virginia (1950), as amended.) (c) Each and every day that a .violation continues shall be considered a separate offense. y SECTION 8-34. Severability. The provisions of this Ordinance are declared to be severable, and if any section, sentence, .clause, or phrase of this Ordinance shall for any reason be held invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is held invalid or unconstitutional, such decisions shall .not. affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance. No provision or requirement of this Ordinance shall be construed to .conflict with Section 10.1-1411 of the Code of Virginia (1950), as amended, or any .regulation or regional solid waste management plan promulgated in compliance therewith. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus requested that County Attorney Stroman prepare the necessary petition forms. // Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion: was adopted unanimously (5-0). // Chairman Clark called for Old Business. 14 N ~. D ~. t ao~~K 22 ~~~~207 Lyle D. Hornbaker, Information Services Coordinator, presented an update on the County street map. He requested direction. from the Board on how to proceed with the reprinting of the County maps. Supervisor Bradshaw moved that the Board direct Supervisor MacManus and Supervisor Wright to solicit the recommendations of the Intergovernmental Committee and the Chamber of Commerce, and that the .Information Services Coordinator, Supervisor MacManus and Supervisor Wright report back to the Board on their recommendations. The motion was adopted (5-0) with Supervisors MacManus; Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. Supervisor .Bradshaw. further moved that the Board direct the Information Services Coordinator, in conjunction with the County Attorney and the Director of Budget and Finance, to address the GIS llata Distribution Policy.. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. // Chairman Clark called for New Business Supervisor Bradshaw noted that with respect to Item (F), the Isle of Wight County/Town of Smithfield Archaeological Assessment, listed under the Consent Agenda, that the assessment would assess known sites in the County and not involve surveys of any new sites. Supervisor Bradshaw requested that the County Administrator further address Item (G), 8-Hour Ozone Nonattainment Area Designation, listed under the Consent Agenda.. County Administrator Caskey stated the Environmental Protection Agency (EPA) has notified the Department of Environmental Quality (DEQ) that it proposes to tighten the designations of the 8-hour ozone nonattainment areas throughout the country, to include Isle of Wight and Gloucester Counties. He noted that the County will be impacted in terms of marketing and economic development activities. Supervisor MacManus moved that the Board direct staff to send a letter for signature by the Chairman to Congressman Forbes and Senators Allen and Warner indicating that there is no technical basis within the EPA's guidelines, and there are no producers of emissions in this area. The motion was adopted (5-0) with Supervisors. MacManus, .Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. 15 eo~K 22~~:208 Supervisor Bradshaw moved. that, with respectto the February 2, 2004 meeting between the Board and Congressman Forbes, that the Board direct that the following issues be submitted to Congressman Forbes' office; that the County Administrator solicit ideas from his Department Heads to be submitted simultaneously; and that staff contact the Sheriff with respect to securing any available Federal funding for his office: revitalization of utilities fluoride issues workforce development center Homeland Security funding for fire and rescue bike trails signage for the James River Bridge phase I archeological surveys to be conducted at their cost a grants for the volunteer fire departments The. motion. was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. Supervisor MacManus moved that the Board direct staff to send a letter to Congressman Forbes thanking him for his support on the Route 460 project and reiterating that Route 460 is a significant project in the County and that the scope has not been expanded to include the County's request. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. // Supervisor Bradshaw moved the Board. amend the regular order of the agenda and. add a late item pertaining to carryover obligations for school carryover purchases, as recommended by the County Attorney. The motion was adopted (5-0) with Supervisors MacManus, Bradby,Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. ~ Anne. F. Seward, Director of Budget and Finance, presented a i Resolution to Approve Carryover Obligations and Appropriate Funds for School Carryover Purchases for the Board's consideration. Supervisor MacManus moved that the Board adopt the following Resolution: RESOLUTION TO APPROVE CARRYOVER OBLIGATIONS AND APPROPRIATE FUNDS FOR SCHOOL CARRYOVER PURCHASES i 16 ~l 1! 9pQK ~~2 ~.a~~~09 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has .approved the appropriation of carryover funds to the School Board for obligations not paid at June 30, 2002, and June 30, 2003 and, WHEREAS, the funds in the amount of one million three hundred seventy eight thousand six hundred sixty two dollars ($1.,378,662) need to be appropriated to cover approved expenditures from the School Operating. Fund Balance at June 30, 2003 for obligated expenditures incurred to the FY 2003-04 Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that .one million three hundred seventy eight thousand six hundred sixty. two dollars ($1,378,662) from the School Operating Fund Balance be appropriated to .the FY 2003-04 School Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED than the County Administrator of the County of Tsle 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 (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. Supervisor MacManus requested that staff contact Matt Favre, Director of Operations with Charter Communication with respect to his providing the basis for which Charter is proposing a rate increase. He specifically requested answers to what Charter is going to be providing to warrant the increase. Supervisor MacManus moved that the Board direct the Director of Economic Development to contact Mr. Oliver, a local farmer in the County, with respect to information on the location of facilities in Virginia associated with hull-less barley and soy oil diesel. The motion was adopted (5-0) .with Supervisors MacManus, Bradby, Bradshaw,.. Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. Supervisor MacManus moved that the Board direct the County Attorney to develop a draft ordinance based on the Virginia Beach model that was designed to assist the farming community .and preserve agricultural property and that staff review the PDR issues and report back with their recommendation on what path the County should.-take at the Board's March 4, 2004 meeting.. The Budget, and Finance Director is to recommend a funding mechanism. The motion was. adopted (5-0) with Supervisors .MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. 17 AOOA 22'~AG:21O Supervisor Bradshaw moved that the Board receives into the record the petition presented on the naming of the bridge over Jones. Creek and that the County Administrator forward same onto the. VDOT Resident Engineer. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting in opposition to the motion. // Chairman Clark called for Appointments. Supervisor Bradshaw moved that the Board accept the resignation of Becky Parker on the Beautification Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved that the Board appoint Anita Marie Runkel, replacing Becky Parker, on .the Beautification Committee. The motion was adopted unanimously (S-0). _ Supervisor MacManus moved that. the Board reappoint .Harry C. Dashiell, Jr. on the Historical Architectural Advisory Committee. The motion was adopted unanimously (5-0). Supervisor MacManus moved that the Board accept the following resignations on the Events Committee and that the Director of Parks and Recreation be directed to solicit recommendations for their replacement from the remaining members of the Events Committee: Judy HarelSmithfield District Shirley Short of the Hardy District Elaine Butler of the Carrsville District Frank Falcon of the Smithfield District. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested that Mr. Robertson check with Hazel Edwards if she wishes- to be reappointed to the Southeastern Tidewater Opportunity Project. // County Attorney Stroman requested that the .Board enter a closed meeting to discuss two (2) personnel matters concerning performance evaluation of the employees of the public. body, specifically the discipline of a County employee and the performance of a County employee under Section 2.2-3? I I .A.1 of the Freedom of Information Act; to discuss two (2) matters concerning consultation with legal counsel and briefing by staff 18 900K 22rA2~~1~ members pertaining to actual or probable litigation, including a matter to receive legal advice concerning compliance with state law and to receive legal advice regarding compliance with a land use issue under Section 2.2- 3711.A.7; to discuss and consider the acquisition of real property, specifically the acquisition of real property in conjunction with economic development efforts under Section 2.2-3711.A.3; and, to discuss a matter concerning a prospective business or industry, specifically the discussion of economic incentives in connection with a perspective business or industry under Section 2.2-3711.A.5. Supervisor Wright .moved the Board enter a closed meeting for the reasons stated .above. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion.. Chairman Clark moved the Board return to open session. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting in opposition to the motion. Supervisor Bradshaw moved 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 Wright NAYS: 0 ABSENT DURING VOTE: 0 19