VIRGINIA: AT A REGULAR MEETING OF THE BRUNSWICK COUNTY BOARD OF SUPERVISORS HELD ON WEDNESDAY, FEBRUARY 21, 2007, AT THE AUDITORIUM OF THE COUNTY GOVERNMENT BUILDING
PRESENT: BERNARD L. JONES, CHAIRMAN; WELTON TYLER, VICE-CHAIR; ROBERT H. CONNER, BARBARA JARRETT DRUMMOND, WELTON TYLER, BOARD OF SUPERVISOR MEMBERS; CHARLETTE T. WOOLRIDGE, COUNTY ADMINISTRATOR; TAMMY W. NEWCOMB, CMC, CLERK; RUSSELL O. SLAYTON, COUNTY ATTORNEY
***** Re: Closed Meeting at 5:00 p.m.
Upon motion of Mr. Finney, seconded by Ms. Drummond, and unanimously carried, the Board convened in Closed Meeting to discuss the following:
2.2-3711.A.1.
Discussion of prospective candidate for employment.
2.2-3711.A.3.
Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.
2.2-3711.A.7
1. Consultation with legal counsel pertaining to actual litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture of the public body, to-wit: a. James Hahn v. Brunswick County Board of Equalization b. Elaine L. Cogsdale, et.als., v. Brunswick County IDA 2. Consultation with legal counsel pertaining to probable litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture of the public body, to-wit: a. Acquisition of property by eminent domain for the Green Acres community improvement project. b. Acquisition of property be eminent domain for construction of a monitoring well on property adjacent to the County’s old (closed) landfill.
3. Consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by such counsel, namely, the CUP application of INGENCO.
2.2-3711.A.5.
Discussion concerning prospective 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.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
Upon motion of Mr. Finney, seconded by Ms. Drummond, and unanimously carried, the Board reconvened in open meeting and certified the following:
WHEREAS, the Board of Supervisors of Brunswick County, Virginia (“Board”), convened a closed meeting on this date pursuant to an affirmative recorded vote in accordance with the provisions of the Virginia Freedom of Information Act; and,
2 WHEREAS, Section 2.2-3712 of the Code of Virginia, 1950, as amended, requires a certification by the Board that such closed meeting was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED that the Board 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.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Re: Worksession – Virginia Department of Transportation - Six Year Secondary Road Improvement Plan
Mr. Richard Moody, Assistant Resident Engineer, presented the Six Year
Secondary Road Improvement Plan for the Board’s review and discussion. Mr. Moody stated that the Plan will remain the same as the previous year, with the exception of the addition of two new projects as follows:
Route 673 – Spot Stabilization Route 644 – Spot Stabilization
Supervisor Conner inquired about the replacement of the Meherrin River Bridge as part of the Six Year Plan. Mr. Moody indicated that this project is contingent upon funding by the General Assembly.
Supervisor Conner thanked Mr. Moody for his hard work.
Supervisor Drummond also thanked Mr. Moody.
***** Re: Adjourn
3 Upon motion of Mr. Finney, seconded by Mr. Tyler, and unanimously carried, the
Board adjourned until 7:00 p.m.
****** Re: Regular Meeting at 7:00 p.m.
The Chairman called the meeting to order.
***** Re: Invocation and Pledge of Allegiance
Supervisor Drummond gave the Invocation and led the Pledge of Allegiance.
***** Re: Approval of Agenda
Upon motion of Mr. Tyler, seconded by Mr. Finney, and unanimously carried, the Board approved the agenda with the following changes:
Move Special Presentations after Approval of Agenda
Add under Special Presentations Recognition of Archie Lee, Sr. and John S. Trusty Recognition of previous Chairman
Add under County Administrator’s Report FY07 CDBG Regional Priorities List
Add under County Attorney’s Report Green Acres Condemnation Resolution Old Landfill – Installation of Gas Probes
Add under Old Business Brunswick County Entrepreneurship Center
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None.
***** Re: Special Presentations
Brunswick Sheriff’s Department Accreditation Award
Sheriff James R. Woodley began his remarks by introducing his colleagues and
4 providing an overview of the accreditation process. Those present were:
Chief Bert Richardson, City of Emporia Sheriff Sam Brown, City of Emporia Sheriff B.A. Washington, Charles City County Sheriff Thomas Jones, Charlotte County Sheriff Charles Jett, Stafford County Sheriff Arthur Townsend, Lunenburg County Gary Dillon, Executive Director of the Virginia Law Enforcement Professional Standards Commission
Mr. Gary Dillon, Executive Director, stated that in December 2006, a team conducted an assessment of the Brunswick County Sheriff’s Department and found it to be in compliance with all applicable program requirements.
Sheriff Charles Jett, Stafford County, further stated that under Sheriff Woodley’s leadership, the Brunswick Sheriff’s Department is dedicated to fulfilling its mission as well as serving the needs of every citizen. Sheriff Jett stated that at the conclusion of the assessment it was determined by the team that the Brunswick County Sheriff’s
Department embodies the characteristics of integrity and commitment to professionalism, from the newest deputy to the highest administrative ranks.
Sheriff Jett presented the Certificate of Accreditation to Sheriff James R.
Woodley and the Brunswick County Sheriff’s Department.
Sheriff Woodley thanked the entire Sheriff’s Department for their hard work on accomplishing Accreditation. He stated that, “It takes team work to make the dream work.” He commended Major Brian K. Roberts and Pansy Barner for taking the lead on this project.
Supervisor Drummond congratulated the Brunswick Sheriff’s Department and thanked them for allowing her the opportunity to accompany the Department to Salem where it received its Accreditation Status.
5 Chairman Jones commended the Brunswick Sheriff’s Department and thanked all of the individuals involved.
***** FY06 Financial Report – Robert Huff, Robinson, Farmer Cox Associates
Mr. Robert Huff, Robinson, Farmer Cox Associates, presented the Brunswick
County FY06 Financial Report. Mr. Huff addressed the following issues:
Internal Controls regarding building permits Budget Appropriations made at the end of the fiscal year Annual School Report to be submitted by the deadline Written Travel Policy
Mr. Huff stated that the County ended FY06 in good standing. However, he encouraged the School Superintendent to submit documents in a timely manner. He added that he supports the efforts between the County and the School Board to continue an open dialogue and work in partnership to improve communication.
Chairman Jones thanked Mr. Huff for the presentation.
***** Recognition of Archie Lee and John Trusty
Tammy W. Newcomb, CMC, Deputy Clerk, stated that on February 7, 2007,
Archie Lee and John Trusty were driving down a road in Freeman. They saw the
Wheeler house engulfed in flames and thought they saw someone near the doorway.
Mr. Lee and Mr. Trusty immediately entered the burning house and saved four children ages 5, 4, 3, and 1 with no regard for their own lives. Mr. Lee and Mr. Trusty are heroes to the Wheeler family and Brunswick County.
Chairman Jones and Supervisor Tyler presented Mr. Lee and Mr. Trusty with
Certificates of Recognition honoring their heroic efforts and act of bravery.
***** Recognition of Previous Chairman 6 Chairman Jones presented a Certificate of Appreciation to Marc L. Finney in recognition of his dedicated service, valuable leadership, and guidance while serving the citizens of Brunswick County as Chairman of the Brunswick County Board of
Supervisors from January 5, 2006, until January 4, 2007.
Supervisor Finney thanked the Board for their support during his tenure as
Chairman.
***** Re: Public Hearings – 7:00 p.m.
Proposed Ordinance Amendment to Section 6-8 of the Brunswick County Subdivision Ordinance. To provide notification of the installation of a pretreatment system to the final subdivision plat
Leslie Weddington, Director of Planning, stated that one of the requirements of the Brunswick County Subdivision Ordinance is that written approval from the Health
Official is granted to include certification that each individual and/or central well and drainfield location has been approved by the Health Official after a Level 2 field inspection of each lot in the subdivision.
Within the past year, Brunswick County has received several preliminary plat submissions for review, along with preliminary soil work, that has stated that a pretreatment system may be needed for certain lots. These pretreatment systems are different than the conventional septic systems that are usually installed and are more expensive. Currently this information is not required to be noted on a subdivision plat when it is approved and recorded. Ms. Weddington stated that staff recommends the
Subdivision Ordinances should be amended to require a note on final subdivision plats that will advise potential property owners that a specific lot may require the installation of a pretreatment system. 7 The Planning Commission conducted their public hearing on this request at their
January 9, 2007, meeting and recommends approval of the ordinance amendment.
The Chairman opened the public hearing. No citizens spoke.
After giving all citizens an opportunity to express their views, the Chairman closed the public hearing.
Upon motion of Mr. Tyler, seconded by Ms. Drummond, and unanimously carried, the Board approved the Ordinance Amendment as recommended by the
Planning Commission as follows:
Section 6-8-9. The final plat shall include a note identifying those lots that will require the installation of a pretreatment system if approved by the Health Official.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Application for a Proposed Ordinance Text Amendment, Use Not Provided for Case #07-001. Industrial Power Generating Company LLC (dba INGENCO) request approval of an amendment to the Brunswick County Zoning Ordinance to permit “non-public energy generation utility facilities” with the approval of a conditional use permit in the Agricultural (A-1) Zoning District
Leslie Weddington, Director of Planning, stated that the subject property, owned by Allied Waste Industries, Inc., is located on the east side of Mallard Crossing Road
(State Route 733) and the west side of Milas Drive (State Route 700).
Ms. Weddington stated that INGENCO is requesting approval of an Ordinance
Amendment to permit a use not otherwise provided for as provided by Section 1-4 of the Brunswick County Zoning Ordinance. Specifically, the applicant is requesting that a “non-public energy generation utility facility” be permitted with the approval of a conditional use permit in the Agricultural (A-1) Zoning District. A non-public energy generation utility facility is not currently listed as a permitted use in the Zoning 8 Ordinance.
Ms. Weddington stated that Staff was informed by the County Attorney that the proposed use, while similar to a public utility (permitted with the approval of a conditional use permit in the Agricultural District) would need to be considered as a use not provided for because the proposed generating facility does not fit the County’s current definition of a public utility. Further the proposed use, if approved under Section
1-4 of the Zoning Ordinance, should only be listed as a use permitted with the approval of a conditional use permit. A public utility as defined in the Brunswick County Zoning
Ordinance is a group of uses which provide essential energy and communication services to the general public. Although the applicant will be providing energy it will not be directly to the general public, but through a third party.
Ms. Weddington stated that the Planning Commission conducted its public hearing on February 13, 2007, and recommends approval of the Ordinance amendment as presented.
The Chairman opened the public hearing. The following citizen spoke:
Alan Peterson, INGENCO, provided a brief overview of the application.
After giving all citizens an opportunity to express their views, the Chairman closed the hearing.
Upon motion of Mr. Conner, seconded by Mr. Finney, and unanimously carried, the Board approved Ordinance Text Amendment, Use Not Provided For, Case
#07-001, as recommended by the Planning Commission.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Application for a Proposed Ordinance Text Amendment Case #07-002. Industrial 9 Power Generating Company, LLC (dba INGENCO) request approval of an amendment to the Brunswick County Zoning Ordinance adding “non-public energy generation utility facility” as a defined term
Leslie Weddington, Director of Planning, stated that the subject property, owned by Allied Waste Industries, Inc., is located on the east side of Mallard Crossing Road
(State Route 733) and the west side of Milas Drive (State Route 700).
Ms. Weddington stated that INGENCO is requesting approval of an Ordinance
Amendment to Article 2 – Definitions of the Brunswick County Zoning Ordinance to define a non-public energy generation utility facility as a facility which captures or otherwise uses methane gas, alone or in combination with another fuel, to generate energy. INGENCO is requesting approval of an Ordinance Amendment to permit a use not otherwise provided for as provided by Section 1-4 of the Brunswick County Zoning
Ordinance. Specifically, the applicant is requesting that a “non-public energy generation facility” be permitted with approval of a conditional use permit in the
Agricultural (A-1) Zoning District. A non-public energy generation utility facility is not currently listed as a permitted use in the Zoning District.
Ms. Weddington stated that staff was informed by the County Attorney that the proposed use, while similar to a public utility (permitted with the approval of a conditional use permit in the Agricultural District) would need to be considered as a use not provided for because the proposed generating facility does not fit the County’s current definition of a public utility. Further the proposed use, if approved under Section
1-4 of the Zoning Ordinance, should only be listed as a use permitted with the approval of a conditional use permit. A public utility as defined in the Brunswick County Zoning
Ordinance is a group of uses which provide essential energy and communication services to the general public. Although the applicant will be providing energy it will not 10 be directly to the general public, but through a third party.
Ms. Weddington stated that the Planning Commission conducted its public hearing on February 13, 2007, and recommends approval of the Ordinance amendment as presented.
The Chairman opened the public hearing. No citizens spoke.
After giving all citizens an opportunity to express their views, the Chairman closed the hearing.
Upon motion of Mr. Finney, seconded by Mr. Tyler, and unanimously carried, the Board approved Ordinance Text Amendment, Case #07-002, Industrial
Power Generating Company, LLC, as recommended by the Planning Commission.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Application for a Conditional Use Permit Case #07-003. Industrial Power Generating Company, LLC (dba INGENCO) request approval of a conditional use permit to construct, operate and maintain a “non-public energy generation utility facility” in the Agricultural (A-1) Zoning District
Ms. Weddington, Director of Planning, stated that the subject property, owned by
Allied Waste Industries, Inc., is located on the east side of Mallard Crossing Road
(State Route 733) and the west side of Milas Drive (State Route 700). The applicant is requesting approval of a Conditional Use Permit for a “non-public energy generation utility facility”. The purpose of the request is to permit the applicant to construct, operate and maintain a Landfill Gas to Electric (LFGTE) generating project.
Ms. Weddington stated that the subject property is five (5) acres. The applicant proposes to install a new well and septic system to serve the facility office. The preliminary site plan shows a single point of ingress and egress for the facility which is
11 the existing entrance for the Brunswick Waste Management Facility. The Future Land
Use Map of the Comprehensive Plan designates the property for Agricultural land use.
A conditional use permit was approved for the property on September 15, 1993, permitting a sanitary waste disposal facility known as 21-93.
The Planning Commission recommends approval of the request subject to the following conditions:
$1 The facility shall be constructed, operated, and maintained in accordance with all rules and regulations of the Brunswick County Zoning Ordinance, with any and all terms and conditions of this conditional use permit, and in compliance with all federal, state, and other local laws and regulations for this use.
$2 Prior to the issuance of a zoning permit for the proposed facility or any accessory structures and/or equipment, the applicant shall submit a site plan for County approval in accordance with the provisions of Article 27 of the Brunswick County Zoning Ordinance.
$3 Prior to commencing land disturbing activities on the subject property, the applicant shall submit to the County for review and approval an Erosion and Sediment Control Plan in accordance with the provisions of the Brunswick County Erosion Control Ordinance and the Virginia Erosion and Sediment Control Handbook and Regulations.
$4 Prior to the issuance of a zoning and building permit for the proposed facility, the applicant shall submit a copy of an approved Health Permit from the Brunswick County Health Department.
$5 A copy of any and all permits and/or licenses from the Department of Environmental Quality, EPA, and any other governmental agency regulating this use must be on file with the County prior to the issuance of a certificate of occupancy.
$6 Violation of any local, state, or federal law, regulation, or ordinance or violation of any conditions of this permit shall be considered in any proceeding for revocation of this permit by the County in accordance with law.
$7 Permittee shall secure and maintain all federal, state, and local licenses and certificates required to do business in the Commonwealth of Virginia and the County of Brunswick.
12 $8 In the event the Permittee is notified of any violations of applicable laws, regulations or permit conditions at the facility, Permittee shall notify the County and shall promptly and diligently cooperate with the applicable regulatory agency and take other reasonable actions in an attempt to cure the violation. Permittee shall promptly notify the County thereof and shall provide the County with all information pertinent thereto and details of the Permittee=s action to remedy said violation.
$9 This Conditional Use Permit shall expire if the use of the site for Landfill Gas to Electric generating project ceases for two (2) consecutive years.
$10 The conditions hereof are not severable. Should one or more be deemed unenforceable, this permit shall be void.
$11 This Conditional Use Permit is subject to approval of Ordinance Amendment Use Not Provided For Case #07-001.
The Chairman opened the public hearing. The following citizens spoke:
Nathaniel Neblett asked if there is any water used in this generating process. If so, where is that water coming from.
Alan Peterson, stated that the project will require a small amount of water for cooling purposes. However, the majority of the cooling is done by air to air. This facility should not concern local residents, particularly with regard to water use.
Jerry Marston, 2024 Iron Bridge Road, recommended the Board move forward and approve the CUP.
After giving all citizens an opportunity to speak, the Chairman closed the public hearing.
Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously carried, the Board approved Conditional Use Permit Case #07-003, submitted by
Industrial Power Generating Company, to construct, operate and maintain a “non-public energy generation utility facility” in the Agricultural (A-1) Zoning District subject to the conditions as recommended by the Planning Commission.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** 13 Re: Approval of Minutes – January 4, 2007, Special Meeting; January 17, 2007, Regular Meeting; and January 19, 2007, Special Meeting
Upon motion of Mr. Conner, seconded by Mr. Finney, and carried, the Board approved the meeting minutes of the meeting as recorded.
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None
***** Re: Virginia Department of Transportation
Mr. Moody, VDOT, provided the following report:
Construction . State Route 715 . Maintenance forces continue to work on secondary and primary roads
Six Year Secondary Road Plan – Schedule Public Hearing
Upon motion of Mr. Finney, seconded by Ms. Drummond, and unanimously carried, the Board scheduled a public hearing on the proposed Six Year Secondary
Road Plan for 7:00 p.m., on March 21, 2007.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Re: Department/Agency Requests
Fort Christanna Update – Nathaniel Neblett
Mr. Nathaniel Neblett provided an update on the Fort Christanna Project. He stated that the stumps have been grounded and debris removed.
Mr. Neblett stated that he has held discussions with Michael Carter, Vulcan
Materials, and Micky Clary, Clary Construction Company, and have obtained their assurance that Vulcan Materials will provide all needed rock, including boulders, for this project. This will be completed by the middle of March.
Mr. Neblett stated the Mr. Carlton Abbott, Carlton Abbott & Partners, LLC, is
14 expected to attend the next Committee meeting on March 12, 2007, at 7:00 p.m. He invited all to attend.
***** Southside Virginia Genealogical Society – Frances Clark
Mrs. Frances Clark, President, Southside Virginia Genealogical Society, stated that the organization is producing heritage books for each county. She asked the
Board of Supervisors permission to utilize the Brunswick County seal on the front of the book to be produced for Brunswick County.
Upon motion of Mr. Tyler, seconded by Mr. Conner, and unanimously carried, the Board approved the request from the Southside Virginia Genealogical
Society to utilize the Brunswick County Seal on a heritage book for Brunswick County.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Brunswick County/Lake Gaston Tourism – Bobby Conner
Brunswick Stew Update
Mr. Bobby Conner, stated the Brunswick Stew served at the capitol on the fourth
Wednesday of January, was a success. They served over 1200 quarts of stew. He thanked the Board and the County Administrator for their support.
Jamestown 2007 Vehicle Decal
As part of the Jamestown celebration, the Tourism Association and the County
Treasurer worked together on a design for the Brunswick County vehicle decal. He displayed a sample of the design.
Fiscal Year End Review
Mr. Bobby Conner provided a report on the activities of the Tourism Association. He added that Tourism has submitted a resolution to Delegate Wright regarding the
15 120th anniversary of Valentines Post Office. He stated that it was read on Valentines
Day in the General Assembly.
He thanked the Board for supporting the Tourism Association over the past year. Chairman Jones thanked Bobby Conner and the Tourism Association for their hard work and diligence over the past year.
***** Re: Citizen Comments
The Chairman opened the citizen comment period and advised that each citizen will be allotted three (3) minutes to speak. The following citizens spoke:
Jerry Marston, 2024 Iron Bridge Road, Lawrenceville, Virginia, expressed concerns about the possibility of the Board raising taxes. Tom Maxhan, 132 Waters Lane, Valentines, VA, requested that the Board deny the Dancing Rock Conditional Use Permit Application because of the high density. Lauretta Richardson stated that Brunswick County would benefit from an incubator program.
After giving all citizens an opportunity to express their views, the Chairman closed the citizen comment period. Chairman Jones thanked all citizens for their input and urged them to continue to be involved.
***** Re: Consent Calendar of Reports
Upon motion of Mr. Tyler, seconded by Mr. Finney, and unanimously carried, the Board approved the Consent Calendar of Reports as presented for the following organizations:
A. Lawrenceville-Brunswick Airport Report B. Brunswick County Sheriff’s Department Monthly Report C. Southside Community Services Board Minutes – December 19, 2006 D. Brunswick County Planning Commission Minutes – December 12, 2006 E. Brunswick County Planning Commission Minutes – January 9, 2007 F. Brunswick County Board of Zoning Appeals Minutes – January 24, 2007
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. 16 ***** Re: Finance Director’s Report
Approval of Disbursements
Upon motion of Mr. Finney, seconded by Mr. Tyler, and carried, the Board approved manual checks in the amount of $148,339.50, system checks dated
February 12, 2007, in the amount of $90,538.72 (utilities), system checks dated
February 21, 2007, in the amount of $631,082.55 for a total amount of $869,960.77.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Re: Brunswick County Public Schools - Monthly Report
Additional Appropriations/Carry-over Funds
Dora Wynn, Assistant Superintendent, introduced the new Superintendent, Dr.
Oliver W. Spencer, Jr.
Ms. Wynn presented the request from the Brunswick County School Board for
Additional Appropriations/Carry-over Funds as follows:
Approved Carry-Over Grants
Project 586 – Hard to Staff and School Improvement $150,252.70 Project 547 – Hard to Staff Title I Specific $ 19,740.15 Project 547 – Title I – School Improvement $ 8,184.41
New Grants or Additional Funding
Project 515 – Reading First $ 38,591.67 Project 587 – Red Oak-Sturgeon Project Empower $ 130,850.00 Project 315 – Southside Link Alternative Ed. Additional $ 9,051.65 Project 316 – General Adult Education $ 5,935.01 Project 317 – Adult Basic Education (ABE) $ 6,311.00
Total appropriation $368,916.59
Upon motion of Mr. Tyler, seconded by Mr. Conner, and unanimously carried, 17 the Board of Supervisors approved the report as submitted.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
Dr. Oliver Spencer, stated that he has been very inspired by what he has experienced since he began as Superintendent. He stated that is looking forward to working with the Board of Supervisors and building trust and teamwork.
***** Re: Planning Director’s Report
Schedule Public Hearing Rezoning Case #06-038 Ronald H. Gordon, Jr. – Agricultural (A-1) to Residential (R-1)
Leslie Weddington, stated that the subject property is located at the southwest quadrant of the intersection of Boydton Plank Road (U.S. Route 1) and Flat Rock Road
(State Route 643), in the Red Oak Magisterial District. The applicant requests to rezone the property from Agricultural (A-1) to Residential (R-1) to develop an eight (8) lot residential Subdivision to be called “Warfield Acres”.
Ms. Weddington stated that the Planning Commission conducted their public hearing on February 13, 2007, and requests that the Board of Supervisors schedule its public hearing for its March meeting.
Upon motion of Mr. Tyler, seconded by Mr. Conner, and unanimously carried, the Board authorized the advertisement of a public hearing on Case #06-038 for its March meeting as recommended by the Planning Commission.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Brunswick County Planning Commission 2006 Annual Report
Leslie Weddington, Director of Planning, presented the Planning Commission
2006 Annual Report. Ms. Weddington stated that the Planning Commission is required 18 by the Code of Virginia and By-Laws of the Planning Commission to report to the Board of Supervisors concerning the operation and activities of the Planning Commission.
Upon motion of Mr. Finney, seconded by Mr. Tyler, and unanimously carried, the Board accepted the Brunswick County Planning Commission 2006 Annual Report.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Brunswick County Board of Zoning Appeals 2006 Annual Report
Leslie Weddington, Director of Planning, presented the Board of Zoning Appeals
(BZA) 2006 Annual Report. Ms. Weddington stated that the Board of Zoning Appeals is required by the Code of Virginia and the By-Laws of the BZA to report to the Board of
Supervisors concerning the operation and activities of the Board.
Upon motion of Mr. Finney, seconded by Mr. Tyler, and unanimously carried, the Board accepted the 2006 Annual Report of the Board of Zoning Appeals.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Re: County Administrator’s Report
County Administrator’s Monthly Report
Ms. Woolridge, County Administrator, presented her monthly report for
January 2007.
Upon motion of Ms. Drummond, seconded by Mr. Tyler, and unanimously carried, the Board accepted the County Administrator’s Monthly Report as submitted.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Brunswick County Sheriff’s Department – Additional Appropriation 19 Ms. Woolridge, County Administrator, stated that during the January 17, 2007,
Board of Supervisors meeting the Board of Supervisors requested a projection of expenditures for inmate bed rental and health care for the remainder of the FY07 budget cycle. The County Administrator met with the Treasurer and Major B.K. Roberts to discuss the issues. The following analysis is provided:
Line Item #033100-3800/Services from Other Agencies (Bed Rental) FY07 adopted budget = $315,000 FY07 project expenditure = $687,000 Additional appropriation needed = $372,000
This projection is based on several factors: . Actual amount expended from 07/01/06 – 12/31/07 totals $315,000 . Anticipated expenditures for 01/01/07 – 01/31/07 totals $62,000 . Actual amount contracted with Piedmont Regional Jail from 02/01/07 – 06/30/07 totals $310,000
Line item #033100-3110/Professional Health Services FY07 adopted budget = $90,000 FY07 projected expenditures = $215,000 Additional appropriation needed = $125,000
This projection is based on the following: . The actual amount expended during the period of 07/01/06 through 12/31/07 totals $138,000 . Anticipated expenditure for 01/01/07 – 06/30/07 totals $77,000 (It is anticipated that there will be a cost reduction of about $61,000 due to the Piedmont Regional Jail contract providing the basic medical services
Total additional appropriation needed: Line item #033100-3800/Services from Other Agencies $372,000 Line item #033100-3110/Professional Health Services $125,000 $497,000
Ms. Woolridge indicated that this request for an additional appropriation does not include a potential Medical College of Virginia hospital bill, in the amount of $100,000, that resulted in a State Trooper shooting a citizen that fled from Emporia and ended in
20 Brunswick County. She stated that Brunswick County may be responsible for this bill due to the fact that the incident occurred in Brunswick County.
Upon motion of Mr. Conner, seconded by Mr. Tyler, and unanimously carried, the Board approved an additional appropriation in the amount of $497,000 from the
Undesignated General Fund Balance to the FY07 Sheriff’s Department – Services from
Other Agencies and Professional Health Services line items as requested.
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None
***** E911 Communications Center Grant Award – Emergency Medical Dispatch (EMD) Computer Aided Dispatch (CAD) Interface
Ms. Woolridge, County Administrator, stated that the Brunswick County E911
Center applied for and received a 80/20 hardship grant from the Virginia
Department of Health’s Office of Emergency Medical Services, Rescue Squad
Assistance Fund. Based on the narrative submitted with the grant proposal, eighty percent (80%) funding was received in the amount of $7,960.00. The twenty percent
(20%) matching funds, in the amount of $1,990.00, will be charged to the FY07 E911 and Sheriff Communications budgets. The purpose of the grant is to fund an
Emergency Medical Dispatch (EMD) and Computer Aided Dispatch (CAD) interface.
The interface will allow information obtained from EMD call interrogation to be integrated into the CAD Records Management Database for quality assurance purposes.
The condition of the grant award supports the E911 Communications Center’s goals of becoming an accredited Communications Center to provided EMD. The award requires the Communications Center to achieve this goal within one year of the grant receipt. The EMD-CAD interface will assist in accomplishing the goal of accreditation 21 by assisting the Communications Center in recording quality when interrogating callers
and providing pre-arrival instructions.
Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously
carried, the Board accepted the $7,490.00 from the Office of Emergency Medical
Services and appropriated $7,490.00 to the FY07 E911 budget.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Old White House Restaurant Property – Bids for Cleanup
Ms. Woolridge, County Administrator, stated that the County solicited bids for debris
removal and cleanup of the site formerly known as the White House Restaurant on
Gasburg Road. The following bids were received:
Howerton Excavating, Co., Inc. $ 9,000.00 S&K Dozer Service $ 9,700.00 Smiley’s Construction $11,331.00
At the December 2006 meeting the Board approved a transfer from the CIP
Roanoke River Regional Business Park to cover the costs associated with this project.
Upon motion of Mr. Conner, seconded by Mr. Finney, and unanimously carried,
the Board accepted the bid from Howerton Excavating, Co., Inc. in the amount of
$9,000.00 with funds to be transferred from the FY07 Capital Improvement Project to
the General Fund Buildings and Grounds Repair and Maintenance.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** County Park at Great Creek – Equipment Bids
Ms. Woolridge, County Administrator, stated that the County was awarded a grant in
2005 from the Department of Conservation and Recreation to construct a nature
22 walking trail, combination football/soccer field, volleyball court and horseshoe pit to enhance recreational opportunity. Construction of these components has been completed. The following equipment is required to allow the park to become fully operational in the Spring 2007:
Portable Backstop for little league baseball field Combination football/soccer goals with nets
The following bids were received:
Highlandsports $4,664.62 Jaypro $5,300.00 John Keating & Assoc $8,118.00
The County’s Building and Grounds staff will assemble and install this equipment at County Park at Great Creek. Funds are available in the FY07 Capital Improvement
Project – County Park at Great Creek Facilities budget to cover the costs associated with the purchase of this equipment.
Upon motion of Mr. Tyler, seconded by Mr. Finney, and unanimously carried, the Board accepted the bid in the amount of $4,664.62 from Highlandsports for the purchase of equipment for County Park at Great Creek.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
*****
Department of Solid Waste South Brunswick Solid Waste Convenience Center – Electrical Service for Cardboard Baler
Ms. Woolridge, County Administrator, stated that the Director of Solid Waste
Management solicited bids for the installation of electrical service for operation of the cardboard baler at the South Brunswick Solid Waste Convenience Center.
The following bids were received: 23 Les’s Electric $1,300.00 Jones Electric $1,902.00 T.W. Edwards $2,350.00
Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously carried, the Board accepted the bid from Les’s Electric as presented.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Vision 2007
Ms. Woolridge, County Administrator, stated that growth is occurring around
Brunswick County such as Caroline Crossroads/Dollywood, BRAC (expansion of Fort
Lee). It is anticipated that this growth will impact Brunswick County. The County
Administrator, Town of Lawrenceville Manager, and the IDA Executive Director have met to discuss the impact of this potential growth on Brunswick County and recognize that now is the time for Brunswick County to take the leadership role to adequately plan, create and promote housing and commercial development that protects and enhances the quality of life in Brunswick County – a visioning process.
A visioning process would encourage Brunswick County leaders and citizens to develop a shared vision and common values for Brunswick County and to articulate the desired future that our community seeks to achieve. It is recommended that the Board of Supervisors establish a Visioning 2007 Committee to develop goals and strategies to address potential growth in Brunswick County over a 60-day period. Potential committee members are as follows:
Board of Supervisors County Administrator IDA Board IDA Executive Director Town of Alberta, Mayor 24 Town of Brodnax, Town Manager Town of Lawrenceville, Town Manager Director of Planning Planning Commission Chair Board of Zoning Appeals Chair Brunswick County School Superintendent Higher Education Business Representative Tourism
Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously carried, the Board appointed the Visioning Committee as recommended.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Old Primary School Project
Ms. Woolridge, County Administrator, stated that the Old Primary School is owned by the County of Brunswick and is in a deteriorating state. The Town of Lawrenceville is concerned about the affect of the blighted condition of the site on the quality of life on the surrounding community. The County Administrator, Town of Lawrenceville
Manager and IDA Executive Director have met with the Tourism Development
Specialist for Southside Virginia to discuss the idea of redeveloping the old school site preserving its historic nature to create an Artisan Center. Such is project is envisioned as an opportunity to create in Brunswick County a tourism attraction that would be part of a broader network of tourism networks throughout Southside Virginia.
Further, the Artisan Center is envision as an economic development project that will encourage small business development, increase employment opportunities, and generate new revenue for Brunswick County. The increase in tourism activity-visitors to the county-will undoubtedly expand the market base particularly for hospitality and retail businesses; i.e., restaurants, specialty stores, etc. It is recommended that the
25 Facility Committee of the Brunswick County Board of Supervisors in conjunction with the Town of Lawrenceville’s Property Committee, establish an Artisan Center
Exploratory Task Force to examine the potential of redeveloping the Old Primary
School for this purpose.
Upon motion of Mr. Finney, seconded by Mr. Tyler, and unanimously carried, the
Board approved the formation of a Artisan Center Exploratory Committee.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
*****
FY07 CDBG Regional Priorities List
Ms. Woolridge, County Administrator, stated that each year a regional priorities list is prepared for the Community Development Block Grant Program. The Southside
Planning District Commission asked localities to rank the projects and activities into three (3) priority groupings. A draft list was presented for the Board’s consideration.
Upon motion of Mr. Finney, seconded by Mr. Conner, and unanimously carried, the Board approved the FY07 CDBG Regional Priorities List as presented.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
*****
Re: County Attorney’s Report
Green Acres CDBG Project – Resolution Approving Proposed Public Use Of Property and Directing the Acquisition Thereof by Condemnation
The County Attorney stated that the County received a grant for improvements in
Green Acres Community. As part of that grant, certain easements are necessary to supply infrastructure. He stated that all easements have not been obtained, therefore, 26 condemnation is necessary in order to proceed with the project.
Upon motion of Mr. Conner, seconded by Mr. Finney, and unanimously carried, the Board adopted the following Resolution:
RE: APPROVING PROPOSED PUBLIC USE OF PROPERTY AND DIRECTING THE ACQUISITION THEREOF BY CONDEMNATION
RESOLVED: That the Brunswick County Board of Supervisors hereby determines that the installation of new water and sewer lines and the improvement of roadways in the Green Acres community of Brunswick County is necessary to protect and promote the health, safety and welfare of those who reside in the Green Acres community.
FURTHER RESOLVED: That since it has not proved possible to secure, by voluntary conveyances, all of the easement rights needed to enable the installation of water and sewer lines and the improvement of roadways in the Green Acres community, the proposed public use is hereby approved by the Brunswick County Board of Supervisors, and acquisition of said easement rights for the proposed public use by condemnation is hereby directed by said Board, to include, making offers of the appraised value for purchase of each easement, making payment to the Clerk of the Circuit Court for Brunswick County, Virginia, of the appraised values, and taking all other action necessary to initiate and conduct a condemnation proceeding for acquisition of said easement rights.
FURTHER RESOLVED: That the Brunswick County Board of Supervisors hereby appropriates, from the grant funds available for this project, the sum of TWO THOUSAND TWO HUNDRED NINETY-EIGHT & NO/100 ($2,298.00) to be used by Brunswick County, Virginia, for the acquisition of said easement rights through condemnation, which sum shall be paid to the Clerk of the Circuit Court for Brunswick County, Virginia, upon recordation of five (5) Certificates of Take and Deposit duly executed by the Brunswick County Board of Supervisors, as follows:
Christopher M. Bruce and Leslie L. Bruce $ 95.00 Mary D. Cook $ 323.00 Curman and Geraldine Tucker $ 102.00 Kendra Tucker $ 190.00 Elizabeth M. Wilson $1,588.00 TOTAL $2,298.00
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Installation of Monitoring Wells at old landfill
27 Mr. Slayton, County Attorney, stated that the Virginia Department of Environmental
Quality requires that the County install a new well to monitor groundwater quality down gradient from the County’s closed sanitary landfill. The new monitoring well must be installed on property owned by Wachovia Timberland Group, which adjoins the property on which the County’s closed sanitary landfill is located. The County has been unsuccessful in securing, by voluntary conveyance, the property and easement rights needed to enable installation of the new monitoring well. It is therefore necessary to acquire the easement rights by condemnation.
Upon motion of Mr. Finney, seconded by Mr. Conner, and unanimously carried, the
Board adopted the following Resolution:
RE: CONDEMNATION OF PROPERTY FOR INSTALLATION OF MONITORING WELL AT CLOSED SANITARY LANDFILL
WHEREAS, the Virginia Department of Environmental Quality requires that the County to install a new well to monitor groundwater quality down gradient from the County’s closed sanitary landfill;
WHEREAS, the new “monitoring well” must be installed on property owned by Wachovia Timberland Group, which adjoins the property on which is located the County’s closed sanitary landfill; and
WHEREAS, it has not proved possible to secure, by voluntary conveyance, the property and easement rights needed to enable installation of the new “monitoring well”.
IT IS, ACCORDINGLY, HEREBY RESOLVED that since it has not proved possible to secure, by voluntary conveyance, the property and easement rights needed to enable the installation of the new “monitoring well”, the proposed public use is hereby approved by the Brunswick County Board of Supervisors, and acquisition of said property and easement rights for the proposed public use by condemnation is hereby directed by said Board, to include the following: securing a new plat showing the location of the new “monitoring well” and the location of the easements needed to enable installation and maintenance of the new “monitoring well”; securing an appraisal of the needed property and easements; making an offer of the appraised value for purchase of the property and easements; making payment to the Clerk of the Circuit Court for Brunswick County, Virginia, of the appraised value; and taking all other action necessary to initiate and conduct a condemnation proceeding for acquisition of said 28 property and easement rights.
FURTHER RESOLVED that the public purpose for which condemnation is authorized is to protect and promote the public’s best interests, since the new “monitoring well” will enable testing calculated to ensure that the County’s closed sanitary landfill will not cause any contamination of the groundwater down gradient from said landfill.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Re: Old Business
Conditional Use Permit Case #06-026 for Dancing Rock Planning Unit Development – submitted by Big, LLC
Leslie Weddington, Director of Planning, stated that she received a letter from the applicant requesting that the application be withdrawn.
Upon motion of Mr. Conner, seconded by Mr. Finney, and unanimously carried, the Board accepted the withdrawal of Conditional Use Permit Case #06-026 as requested by the applicant.
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None.
***** Brunswick County Entrepreneurship Center
Supervisor Conner stated that the Board of Supervisors held an informational meeting on the proposed Entrepreneurship Center Project on February 20, 2007. He stated that the next step is the submittal of an application for funding to the Virginia
Tobacco Indemnification & Community Revitalization Commission (TICRC). He added that there is no guarantee that the TICRC will approve the application.
Supervisor Conner motioned to support the submittal of an application to be submitted to the TICRC and the U.S. Department of Agriculture for funding for the
Entrepreneurship Center Project at the old South Brunswick School.
29 Supervisor Tyler stated that he has concerns regarding the costs required to operate the facility if approved. He added he has not seen a report that provides those figures.
Supervisor Finney stated that he does not want the project to fail because of lack of information and requested that those costs are provided in order for the Board to make an informed decision.
Supervisor Drummond expressed concern regarding the sustainability of the project after the TICRC funds have been depleted.
Supervisor Tyler suggested that the Board direct the County Administrator to conduct research and provide costs relative to the operation of the facility and update the costs in the proposal.
Mr. Conner motioned to support the submittal of an application to the TICRC and the U.S. Department of Agricultural for funding for the Entrepreneurship Center
Project at the old South Brunswick School. The Chairman requested a roll call vote. The motion failed 1-4.
Mr. Conner - Aye Ms. Drummond Nay Mr. Finney - Nay Mr. Tyler - Nay Mr. Jones - Nay
Upon motion of Mr. Tyler, seconded by Mr. Finney, and carried, the Board directed the County Administrator to work with Randy Arno, to research costs associated with the project. The Chairman requested a roll call vote.
Mr. Conner - Aye Drummond - Aye Finney - Aye Tyler - Aye Jones – Aye
***** 30 Re: New Business
Open Wells – Supervisor Conner
Supervisor Conner requested that an ordinance is drafted re: open wells.
Upon motion of Mr. Conner, seconded by Drummond, and unanimously carried, the
Board authorized the County Attorney to draft and advertise an ordinance as proposed
Intent to Adopt by the Board of Supervisors regarding open wells for its March meeting.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Property Maintenance Ordinance – Supervisor Conner
Supervisor Conner asked that this item be removed from the agenda.
***** Summer Youth Recreation Program – Supervisor Finney
Supervisor Finney stated that the Summer Enrichment Program did not receive federal funding. As a result, he contacted agencies to obtain their input as to how provide recreational and educational opportunities for youth during the summer months.
Chairman Jones sent a letter to churches and businesses seeking financial support for this program.
Supervisor Conner stated that he did not have enough information to vote on this issue.
Upon motion of Mr. Tyler, seconded by Ms. Drummond, and carried, the Board voted to support the Summer Youth Recreation Program.
Ayes: Drummond, Finney, Tyler, Jones; Nays: Conner
***** Re: Appointments
Planning Commission
31 Supervisors Drummond thanked Mr. Leon Williams and Mr. Billy Hutchinson for their service to the citizens while serving on the Planning Commission representing the
Totaro Election District,
Upon motion of Ms. Drummond, seconded by Mr. Finney, and unanimously carried, the Board appointed Mrs. Mary Truman to serve a four year term on the Brunswick
County Planning Commission, representing the Totaro Election District.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
Upon motion of Ms. Drummond, seconded by Mr. Finney, and unanimously carried, the Board appointed Mr. Percy Bunch to serve a four year term on the Brunswick
County Planning Commission, representing the Totaro Election District.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
Board of Zoning Appeals
Upon motion of Mr. Tyler, and unanimously carried, the Board recommended Mr.
Robert Allman to the Circuit Court Judge to serve a five year term on the Board of
Zoning Appeals representing the Red Oak Election District.
Supervisor Conner recognized Mr. James Halley who is a member of the Board of
Zoning Appeals representing the Meherrin Election District.
Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None.
***** Supervisor Tyler thanked the EMS units for their hard work at the Wheeler home fire in Freeman on February 7, 2007.
Re: Adjourn
Upon motion of Mr. Tyler, seconded by Mr. Drummond, and unanimously carried, the Board adjourned until 6:00 p.m. on March 8, 2007.
32 Ayes: Conner, Drummond, Finney, Tyler, Jones; Nays: None
______Bernard L. Jones, Sr., Chairman Charlette T. Woolridge, Clerk
33