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12-19-1996 Regular MeetingBO1fl ~ • ~h~'• V~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF DECEMBER IN THE YEAR NINETEEN HUNDRED NINETY SIX PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice Chairman O. A. Spady Robert C. Claud, Sr. Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Assistant Clerk Chairman Bradshaw called the meeting to order at 6:00 p.m. and delivered the invocation. // Chairman Bradshaw called for Special Presentations and recognized Ida Virginia Dixon, Clerk of the General District Court. Supervisor Spady moved the Board .adopt the following resolution: RESOLUTION TO RECOGNIZE AND EXPRESS APPRECIATION TO IDA VIRGINIA DIXON FOR THIRTY-SEVEN YEARS OF SERVICE TO ISLE OF WIGHT COUNTY WHEREAS, Mrs. Ida Virginia Dixon began her employment in public service on October 27, 1959; and, WHEREAS, Mrs. Ida Virginia Dixon has been employed with the Commonwealth of Virginia as Clerk of the General District Court in Isle of Wight County for thirty-seven (37) years; and, WHEREAS, Mrs. Dixon is known and respected throughout the Commonwealth of Virginia for her expertise and experience; and, WHEREAS, Mrs. Dixon has impacted the lives and careers of countless judges, attorneys, law enforcement personnel, and citizens throughout her distinguished career; and, WHEREAS, Mrs. Dixon will be retiring from the position of General District Court Clerk, effective December 31, 1996. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and expresses its deep appreciation for the professional service provided by Mrs. Ida Virginia Dixon to the citizens of Isle of Wight County for the past 1 [7 1 Bo~~ Z7 .~ . ~5 thirty-seven (37) years. The motion was adopted unanimously (5-0). r County Administrator Casket' stated the Board in May. of 1995 authorized staff to .enter into exploratory discussions with the Cities of Suffolk and Franklin and Southampton County relative to the need for a juvenile detention center to serve the Western Tidewater: region. Cindy Rohlf, Assistant to the City Manager, City of Suffolk, requested the Board consider. funding a needs assessment for a regional juvenile detention center. to serve the Fifth Judicial District. Ms. Rohlf stated a consultant will perform a needs assessment for bed space, specify programs the Judges would like to implement and identify potential funding sources. Ms. Rohlf stated in March or April the City of Suffolk anticipates presenting a proposal to the State for their approval and in June begin the process of submitting a budget amendment to the. State to be submitted for inclusion in the .Governor's budget by September, 1997. Ms. Rohlf stated the.. approximate cost fora 50-bed facility is $5.5 million. Supervisor Cofer moved the Board adopt the ,following resolution:. I~1 L~~ RESOLUTION TO APPROPRIATE TEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR A NEEDS ASSESSMENT FOR A REGIONAL JUVENILE DETENTION CENTER WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recognizes the need. to study the long-term needs of the Fifth Judicial District regarding the care and confinement of juveniles convicted or accused of committing crimes; and, WHEREAS, the Cities of Franklin and Suffolk and the County of Southampton are interested in working cooperatively with Isle of Wight County in this regard; and, WHEREAS, funds in the amount of ten thousand dollars ($10,000) need to be appropriated from the unappropriated .fund balance of the General Fund of the budget of Isle of Wight County for a needs assessment study for a regional juvenile detention center to serve the Fifth Judicial District. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of .Wight, Virginia that ten thousand dollars ($10,000) be appropriated from the unappropriated fund balance of the General Fund of the budget of Isle of Wight County for the needs assessment study for a regional juvenile detention center to serve the Fifth Judicial District. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give 2 eo~~ 17.x_: ~E this resolution effect. The motion was adopted unanimously (5-0). Dr. Jerome J. Friga, President, Paul D. Camp Community College, was recognized by Chairman. Bradshaw. Dr. Friga stated Paul D. Camp Community .College seeks to build a Regional Work Force Development Center to serve the Western Tidewater region. Dr. Friga stated that while the regular. academic facilities have a suitable arrangement for academic programs for preparing students £or various occupational technical programs and for .the first two years of a four-year schooling, there is a need for additional space for the special training needs of employers. Dr. Friga stated the mission of the Center and its personnel is to provide employers, employees and communities with technical assessment, training opportunities ranging from short-term workshops to longer term training and act as a learning consultant for the region so that governmental institutions and private. employers can assess their employees. Dr, Friga stated there will also be adequate space for meetings and conferences as needed throughout the region. Dr. Friga stated the Paul D. Camp Community College Board has originally invested $10,000 to perform a needs assessment and a $50,000 legislative amendment to the Governor's budget will be brought to the General Assembly this session for the architectural planning. Dr. Friga requested the-Board adopt a resolution of support, so that when the Delegates and Senators speak to this issue in the. General Assembly, community support for this effort will be recognized. Dr. Friga stated early estimates are that the proposed building, which will be located on the Franklin campus, will cost approximately $3.5 million and will require a local contribution of approximately $500,000 for site development. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION OF SUPPORT FOR THE PAUL D. CAMP COMMUNITY COLLEGE WORK FORCE DEVELOPMENT CENTER WHEREAS, a well trained and continuously retrained work force is vital to the economic well being of this community; and,- WHEREAS, the "shelf life" of technique and information vital to a productive work force grows shorter each year;. and,. WHEREAS, we are now competing in a world market; and, WHEREAS, agricultural production, processing, manufacturing, and management are becoming more heavily dependent on rapidly changing information technology; and, WHEREAS, regional cooperation is the basis on which to build sound partnerships; and, 1 1 1 3 Boon. 17..x:: ~~~7 WHEREAS, .the mission of the PAUL D. CAMP COMMUNITY COLLEGE REGIONAL WORK FORCE DEVELOPMENT CENTER and its services is to provide the employer-based services. needed for retraining. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that Isle of Wight County supports the request to the General Assembly for fifty thousand dollars ($50,000) in planning funds to accomplish the needed first step of architectural planning for this project. The motion was adopted unanimously (5-0). Dr. Richard Peerey, Chairman of the School Board, thanked the Board of Supervisors for. its fiscal assistance in the School's capital planning. Dr. Peerey stated he appreciates the individual efforts the Supervisors have given the School Board which has made both boards colleagues in government as opposed to adversarial foes, as in the past. Dr. Jane T. York, School Superintendent, presented the Board with costs estimates,. by fiscal year, for the construction of the proposed Windsor Elementary School. Dr. York requested the Board fund the project. 1 Supervisor Cofer stated he is inclined to approve the request, but he would first like to meet with the Director of Budget and Finance, as well as the County's financial advisor and have a proposal for the School Board at the Board of Supervisors' January meeting. Supervisor Cofer stated the County recently had a bond refinancing which has not yet been run into the County'sbond indebtedness schedule. Supervisor Cofer pointed out that over the next several years the County will have bonds which will be paid off and which will free up funds that are already in the budget. Dr. York requested the Board appropriate some of the funds tonight. Dr. York stated the School Board could utilize some of the construction funds from some of the projects that have not been totally paid out to cover some of the bills that the School Board would incur between now and the Board of Supervisors' meeting in January. Supervisor Spady stated he would prefer that the County's financial advisor advise"the Board on the County's bond indebtedness, i.e., what will be paid off in the next several years and how much more the County can borrow. Supervisor Spady stated if the County's financial advisor advises the Board to wait six months this may make the difference in the time construction is initiated, but as far as the first phase, he believes the School Board could proceed. 1 Supervisor Cofer moved the Board approve the request and appropriate $300,000 -from the unappropriated fund balance of the General Fund from the current fiscal year and the balance of the funds to be determined at the Board's January, 1997 meeting. The motion was .adopted unanimously (5-0). // 4 80!'K 17 •r~,r 1JV Chairman Bradshaw indicated the following Consent Agenda included Item 2, A through D, and asked if there were. any items for removal: A. Subdivision Plat of Barton's Landing, Morgart's Beach .Road, Route 673, Hardy Magisterial District, Hardy Election District B. Hampton Roads Partnership C. Delinquent Real Estate Tax Collection Monthly Report D. November 21, 1996 Regular Meeting Minutes There being no items requested by the Board members for removal, Supervisor Claud moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Transportation Matters. R. Bryan David, Director of Planning and Zoning, stated the VDOT Resident Engineer had indicated at the Board's November meeting that he would respond in writing to the status of the listing of specific requests for assistance by County staff. Mr. David stated to date, he has not received the .written response from the Resident Engineer. Mr. David suggested the Board direct him to contact the District Engineer concerning the Resident Engineer's unresponsiveness to the Board's request for information and action on various matters. Chairman Bradshaw moved the Board direct Supervisors Claud and Bradby and appropriate staff members meet with the VDOT Resident Engineer and District Engineer to discuss. the County's concerns with VDOT. The motion was adopted unanimously (5-0). Linda King of Rescue expressed her concerns with construction on Route 665, Smith's Neck Road. Chairman Bradshaw instructed the Director of Planning and Zoning to follow-up on Mrs. King's concerns with VDOT. Regarding Raynor Road, Route 681, County Attorney Crook stated he has forwarded the deed to the last property owners for their signatures, who. have indicated that they will sign same. // Chairman Bradshaw called for Citizens Comments. David Hardy requested the Board's consideration in appropriating the necessary funds to construct a recreationlcommunity center for the Hard- Election District near the center of the County. Mr. Hard- requested the Board include funds for an additional acre to house a fire station an~i re~-ue 1 5 eoo~ ~.7..,:~ SJ squad. 1 Supervisor Bradby stated he looked .forward to working with the appointed. Central County Park Task Force in making the community center a reality. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearings with Citizens Comments to be continued after the public hearings have been heard. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for a public hearing on the following: A. An Ordinance to Repeal Chapter 14, Sewers of the Isle of Wight County Code and to Adopt the Following as Chapter 14, Sewers and Sewage Disposal in the Place and Stead Thereof i County Attorney Crook stated he had distributed to the Board members a proposed amendment under Section 14-20 to add Subparagraph (i) to the Ordinance which is a reduced connection fee for the first twelve months in the Town of Windsor pursuant to the agreement between the County and the Town of Windsor. County Attorney Crook stated in considering this Ordinance, he would also ask that the Board consider the amendment. Chairman. Bradshaw called for citizens to speak in favor of or in opposition to the proposed Ordinance. Speaking in opposition, Branch Lawson expressed concern with the 50% increase. in the sewer tap fee. Mr. Lawson stated he does not see. the justification for such an extraordinary increase, especially due to the fact that the County has little, or no, investment in sewer systems in the County. Mr. Lawson further expressed a concern that the Planning Commission has not reviewed the proposed rate increases. Mr. Lawson also expressed a concern with the effective date of the Ordinance being upon its adoption by the Board. Mr. Lawson stated the proposed increase is yet another cost to drive up the cost of housing and affordable housing is becoming a thing of the past due to fees, cash proffers and additional costs from heightened subdivision regulations in the County such as curb and gutter. Mr. Lawson requested the Board allow the people in the building .community a period of time to grow into the proposed Ordinance. 1 Speaking in opposition, Mark Edwards expressed his opposition to the proposed increase in sewer tap fees. Speaking in opposition, Bill Brown, President of the Peninsula Housing and Builders Association, spoke in opposition to the proposed increase in sewer tap fees. Mr. Brawn stated State law requires that fees. be 6 eUQK ~~ -.:' ~~U properly attributable to the furnishing of a class of services for .which charges are made which does not seem to be the case as those building now would be required to fund improvements in other areas of the County. Mr. Brown stated any fee increase would affect the affordability of housing as it would increase the purchase price by .much more than the amount paid to the County due to a rippling effect. Mr. Brown stated housing affordability is crucial. to businesses considering relocation in the community and the availability of such housing for employees will cause highly desirable businesses. and their tax dollars to bypass the County. Mr. Brown distributed a pamphlet from the National Associa#ion of Homebuilders noting the economic impact such fee increases would have on the County and its economic base. Representing Donald Russell, Principal of Dominion .Building Corporation, Al Jones expressed Mr. Russell's concerns with the proposed sewer tap fees. Mr. Jones .expressed Mr. Russell's concern that the change is abrupt and requested the Board consider at least allowing for a transition period wherein the increases are initiated in increments. Speaking in opposition, Carey White, Sweet Haven Church of God in Carrollton, expressed a concern with the proposed sewer tap fees. Mr. White stated. it has been brought to his attention that.a pump will be required to pump the sewage from the church to the road at a cost of approximately $8,000. Mr. White requested the Board reconsider the amount of the proposed. sewer tap fees. Chairman Bradshaw closed the public hearing. and called for comments from the Board. Supervisor Spady stated that while the County does have some expense involved, he also believes the proposed .fees .may be high. Supervisor Spady stated when a developer donates water .and sewer systems to the County he has a difficult time justifying charging the proposed amounts. Supervisor Claud stated he understands why a developer or builder who has a contract to build would have a problem with the connection cost being an unforeseen cost when they entered into a .contract. Supervisor Claud stated the residential bi-monthly user fee as advertised is set at a minimum of $24 per unit, plus $2.50 per thousand gallons for all gallons over 6,000 and this should be 12,000 gallons based on the discussion. However, Supervisor Claud stated he recommends the County charge a flat fee of $12.00 per month, plus. the $2.50 per thousand for all gallons orer 6,000 gallons in the Camptown area where there is a treatment fee charged to the County by the City of Franklin. Supervisor Bradby stated the proposed tap fee appears to be high and he would suggest the Board further re~~ie~~• the rates. Supervisor Cofer stated he does not have a problem ~~-ith tht~ proposed fees and pointed out the Counh- has an inh'rc`~t particiFuti.~1 agreement with 1-iRSD for ~~thich it is r~~sh.~nsit~lt~ sh~~uld th~~ tZ.~~~• fns^: 3 ~i i eo~eM~ 17 ...:~ `~l large customer stop. Supervisor Cofer stated that while he is not sure .how it could be monitored, the Board may wish to reconsider the effective date for ongoing contracts. 1 County Attorney Crook advised the Board could set a future effective date. Supervisor Spady stated if the County incurs the expense of building a water line, then a connection fee should be charged as this is a direct County expense, however, if a developer installs the line and donates same to the County then the County has no cost involved. Should the County charge the same amount to connect to the line if the County did not spend the funds, asked Supervisor Spady? Supervisor Spady.. stated there should be some type of mechanism in the Ordinance to specify direct County costs because the connection fee should be relevant to what the costs are for that system, stated Supervisor Spady. County Attorney Crook noted he raised this point earlier about the fee being commensurate with the cost and the consultants recommended the fees be spread over the entire County as the Board will have to run lines over areas and make it uniform. County Attorney Crook stated the Board is not charging fees that are going to be beyond the costs for the entire County. The County may be charging a particular subdivision more than what the costs are for that subdivision, but are not more than the County's costs for the total area, stated County Attorney Crook. 1 E. Wayne Rountree, P.E., Director of Public Utilities, stated some localities provide sliding scales whereas the developer bears the full expense of installation and another rate where the developer. does not. Some communities have one rate while .others .have three or four rates, as proposed here.. In addressing Supervisor Claud's question about effective dates, the Board could solicit input from the citizens who spoke tonight regarding how much lee-way should be considered for any outstanding contracts, suggested Mr. Rountree. Branch Lawson reiterated he is opposed to any increase, but should the .Board adopt an increase he would suggest a 50% increase is not out of order. Mr. Lawson stated July 1, 1997 would be an acceptable time frame should the Board decide to adopt the proposed Ordinance. Supervisor Spady stated it is not his intention to impose rates which will make it difficult to sell property or affect the price of affordable homes. Supervisor Spady moved the Board table consideration of the Ordinance until its January, 1997 meeting .for further review. The motion was. adopted unanimously (5-0). 1 B. An Ordinance to Amend Chapter 10 of the Isle of Wight County Code to Provide in Divisions Two Through Seven Thereof A Minimum Gross Receipts of $4,000.00 for Application of the Business License Tax Chairman Bradshaw called for citizens to speak in favor of or in 8 eo~K 17.h:~ ~~~ opposition to the proposed Ordinance. Speaking in favor, Gerald H. Gwaltney, Commissioner of the Revenue, recommended approval of the Ordinance .which would thereby create a uniform exemption which would apply universally rather than to a single category as is now the case. Hearing no one in opposition, Chairman Bradshaw closed the public hearing and called. for comments from the Board. Supervisor Cofer moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 10 OF THE ISLE OF WIGHT COUNTY CODE TO PROVIDE DIVISIONS TWO THROUGH SEVEN THEREOF A MINIMUM GROSS RECEIPTS OF $4,000.00 FOR APPLICATION OF THE BUSINESS LICENSE TAX BE IT AND IT IS HEREBY ORDAINED by the .Board of Supervisors of Isle of Wight County, Virginia, that the Ordinance to Impose and Levy License Taxes on Businesses, Trades, Professions, Occupations and Callings, adopted April 21, 1988, amended December 6, 1990, and November 16, 1995, and November 19, 1996, as embodied in Chapter 10 of the Isle of Wight County Code be amended as follows: Section 10-15. Amount of Tax. The license tax on each contractor or person engaged in contracting shall be either thirty dollars. or ten cents per one hundred dollars of gross receipts when said gross receipts are over four thousand dollars up to one million five hundred thousand dollars and six and two-thirds cents per one hundred dollars of gross receipts over one million five hundred thousand dollars, whichever is greater. Section 10-20. Amount of Tax. The license tax on each retail merchant or other person engaged in retail sales shall be either thirty dollars or twelve cents per one hundred dollars of gross receipts when said gross receipts are over four thousand dollars up to one million fi~•e hundred thousand dollars and eight cents per one hundred dollars of gross receipts. over one million five hundred thousand dollars, whichever is greater. Section 10-24. Amount of Tax. (a) The license tax on each wholesaler shall be thirh~ dollar or five cents .per one hundred dollars of purchases, ~~-hichzrer is greater, when said purchases exceed S-1,000.00. Section 10-27. Amount of Tax. The license tax on c:aeh ~~rson e~abc~i in fin3n~~,. rc~r ~ .: '~ 1 U EON 17 •,. ~~3 1 or professional services shall be either thirty dollars or thirty-five cents per one hundred dollars of gross receipts when said gross receipts are over four thousand dollars up to one million five hundred thousand dollars and twenty-three and one-third cents. per one hundred dollars of gross receipts over one million five hundred thousand dollars, whichever is greater. Section 10-32. Amount of Tax The license tax on each person engaged in any repair, personal or business service or any other business, occupation or service not taxed under any other division of this chapter shall be either thirty dollars or twenty cents per one hundred dollars of gross receipts when said gross receipts are over four thousand dollars up to one million five hundred thousand dollars and thirteen and one-third cents per one hundred dollars of gross receipts over one million five hundred thousand dollars, whichever is greater. The motion was adopted unanimously (5-0). 1 C. The application of George W. Edwards, .owner and Albert Upton,. Jr., prospective owner, for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately two. (2) acres of land located on the east .side of Moonlight Road (Route 627) between Mill Swamp Road (Route 626) and Burwells Bay Road (Route 621) in Hardy Magisterial District. The purpose of the application is for one (1) rural residential lot as conditioned. Chairman Bradshaw called for citizens to .speak in favor of or in opposition to the proposed application. Albert Upton, Jr., stated he plans to start a family and build his home at this site. Chairman Bradshaw. closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of George W. Edwards, as conditioned. The motion was adopted unanimously (5-0). i~ D. The application of Gene. F. Aston fora .change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately four (4} acres of land located on the east side of Sugar Hill Road (Route 661) between Miller Lane and Pine Tree Lane in Newport Magisterial District. The purpose of the application is for a rural residential subdivision of three (3) lots as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the application. 10 1~ ~a~ Gene F. Aston stated he plans to build a home on Lot A and sell the other two lots. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the application of Gene F. Aston, as conditioned with the amended proffer dated November 11, 1996 as opposed to the earlier proffer of October 9, 1996. The motion was adopted unanimously (5-0). E. The application of Ruby F. Williams, etals, owner and Robert F. Berlucchi, prospective owner, for a change in zoning classification from A-1, Agricultural Limited #o C-R3, Conditional Residential Townhouse District approximately thirty (30) acres of land and to C-B-1, Conditional Business General, approximately four (4) acres of land located. on the .east side of Carrollton Boulevard (Route 17) and north side of Sugar Hill Road (Route 661) in Newport Magisterial District. The purpose of .the application is for a residential subdivision as conditioned and general business uses as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the application. Speaking on behalf of Robert F. Berlucchi, prospective owner, Attorney Al Jones stated as requested by the Planning Commission the initial proffer amount was increased from $1,500 to $2,000. Attorney Jones further stated the site plan will be built to County standards;. there will be a buffer zone; an independent traffic analysis will be performed and the number of lots has been reduced from 95 to 85. Attorney Jones stated there was .also the suggestion that there be a light industrial component to the commercial zone which the Planning Commission recommended be deleted. Regarding .the availability of the County to provide water to the site, Attorney Jones stated he has provided the County Attorney a proffer that specifically is the language suggested by the County Attorney. Bob Sutherland, Vice President of Realty Consultants, stated he has worked with Mr. Berlucchi in the past on developments in Williamsburg and Virginia Beach. Mr. Berlucchi stated he intends to have the main entry along Route 661 and using heavy vinyl fencing create an entranceway with divided boulevard and a brick entry sign. Mr. Berlucchi stated he intends to have only one builder who would build out the property at the rate of 25 to 28 homes per year -for approximately three years, stated Mr. Sutherland. Speaking in opposition, Roger Cundiff of Carrollton, stated the new wave of development will cause. the County serious problems. Mr. Cundiff stated the application is requesting eighty-five lots to be located on thirty acres of land and the minimum lot size is 10,000 square feet. Mr. Cundiff pointed out that approximately 170 children will influx into the schools from a thirty acre subdivision which will set a precedent for large. 1 1 1 11 ~r sonK ~ 1 i ..,.~ .:J- n subdivisions with small lot sizes. Mr. Cundiff stated subdivisions .and residential developments do not support themselves when it comes to schools, refuse collection and police. and fire protection. Mr. Cundiff stated high density housing has to be supported by higher taxes. Mr. Cundiff requested the Board table the matter and establish a minimum size building lot, perhaps in the one acre range, to control the rate of development in the County. Speaking in opposition, Don Marois, a resident of Cannon Acres, stated he moved into the County from Hampton due to the rural atmosphere. Mr. Marois also requested the Board establish a minimum size lot standard larger than 10,000 square feet. Chairman Bradshaw closed the public .hearing and called for comments from the Board. Supervisor Spady suggested the Board revisit the Draft Zoning Ordinance and establish some square footage requirements due to the comments received tonight. Supervisor Spady noted the traffic impart on Route 17 and Sugar Hill Road was not addressed which he would hike to review. County Attorney Crook stated for the .record Attorney Al Jones provided him with the revised language on the proffers dated December 11, 1996. for the CR-2 and December 10, 1996 for the Conditional B-1. 1 Mr. David stated all rezoning applications with the potential of generating more than 100 vehicle .trips per .day are required to submit a traffic impact analysis. The Planning Commission did recommend unanimously the approval of the application. with the condition that athird- party engineering firm review it. The traffic impact. analysis did not review the future conditions on Sugar Hill Road, nor has the impact of this development onto Route 17 been reviewed. A traffic impact analysis was also not performed on the business side of the fence because there were so many variable uses, stated Mr. David. Supervisor Bradby stated due to congestion, it concerned him to see homes located on less than one-acre lots. Supervisor Bradby further expressed a concern with the potential traffic impact.. D Regarding the traffic impact, Attorney Jones stated it is a matter of site plan review as VDOT will require whatever, is necessary in terms of turn lanes and signalization. Chairman Bradshaw stated VDOT does not perform an evaluation until .after the subdivision is built -and the traffic can be counted and the Board, as a result, does not put a lot of reliance on VDOT as it pertains to traffic evaluations for planned development. Attorney Jones stated his client is requesting the application be approved with the condition that the analysis be made and provided to both the Board and VDOT so VDOT will have this information available at 12 eoeK ~.'~ ~~:~~ ~~~ the. time a determination is made of the requirements.. Attorney Jones stated he would inquire from his client if he would proffer to participate in the expense of a traffic signal, if required. At 8:15 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). The Board returned to open session at 8:25 p.m. County Attorney Crook stated he has spoken with Attorney Jones who conferred with his client during the recess and is willing to offer to increase his proffer from $2,000 per lat to $2,200 per lot in lieu of their contribution towards the traffic signalization intersection improvements that might eventually be required at Sugar Hill Road and Route 17. This development would not, based. on the traffic analysis done, require anything at this time, however, in looking at the future and in order to expedite the Board's consideration of the zoning application, the applicant is willing to increase his proffers by :$200 per lot, stated County Attorney Crook. Supervisor Spady moved ,the Board approve the application of Ruby F. Williams, et al, as proffered with $2,200 per lot on December 19, 1996. Additionally, a third-party traffic engineer is to be retained at .the developer's expense to review the traffic impact analysis that was provided with the application. The motion was. adopted unanimously (5-0). // Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for the .continuation of Citizens Comments. Regarding the Ordinance to Repeal Chapter 16.1 Water, of the Isle of Wight County Code and to Adopt the Following Ordinance as Chapter 16.1 Water, of said Code Providing Rates and Regulations Therefor, adopted by the Board at their regular .meeting of November 21, 1996, Branch Law son stated that while the Ordinance was advertised in compliance with the appropriate public notice criteria, he feels there was poor notice gi~•en to file public as it affects all citizens of the County. Mr. Lawson su~ested that in the future the County circulate a bulletin type notice to those cvho wc~uhi be affected in the community. Mr. Lawson also expressed a concern kith the Ordinance. becoming. effective immediately. 141r. Lawson stated the justification for increasing water and sewer fees is that the funds .-ill bz used to build appropriate systems in other parts of the Counri~, i.e., P~oute 17 corridor. Mr. Lawson further stated that while it is irnF~~aant fc~r the County to provide for these .systems, he does not ft?<~1 it %A .air tt~ ~.~.~:ie existing development that is tied into other s~-stt~ms. dir. La«-s~~n rt~;t~~u the Board further study the water tap fee increase. Bill: Brown stated the Peninsula Home Builders Assc~at;on 111L~ ~~ ~J 13 eooK ~ 17 :~.;~ ~~7 requests the Board revisit the water tap fee increase. Mr. Brown stated he would be_ present at the Board's January meeting to present detailed averages of what other localities are charging for water and sewer tap fees. 1 Roger Cundiff requested the Board take immediate action to revisit the zoning laws on residential lots where there is water and sewer available. County Attorney Crook advised Mr. Cundiff that the Board will conduct a public hearing on a Draft Zoning Ordinance in January which will set lot sizes and he may wish to provide Mr. David with his comments. John Wright, developer of Windsor Woods Subdivision, stated there is a water agreement between the County and the Town of Windsor where the Town of Windsor agreed to provide water to the County which, in turn, would provide water to the subdivision. Mr. Wright requested the Board consider in-its utility review that developers sometimes bring water, sewer and other infrastructure needs past property that they do not directly benefit from. Mr. Wright requested the Board revisit the notice procedure in which it notified the public of the proposed increased water fees. // Chairman Bradshaw called for the Community Development report. 1 A. The application of Frank J. Gauthier, et ux, for a Conditional Use Permit to locate a mobile home, to be occupied by Kathleen Underwood, daughter, and her immediate family, on approximately one hundred (100) acres of land located at 9441 Fire Tower Road (Route 644) in Hardy Magisterial District. Mr. David stated the Board of Zoning Appeals approved a variance to allow two mobile homes on this property. The Planning Commission voted 8-1 to recommend approval of the application to the Board, stated Mr. David. Supervisor Spady moved the Board approve the application of Frank J. Gauthier, et ux, with the condition that the mobile home is to be removed from the property when it is no longer occupied by Kathleen Underwood. The motion was adopted unanimously (5-0). B. The application of James E. Shank, Sr., for a Conditional Use Permit to locate a mobile home, to be occupied by James E. Shank, Jr., and his immediate family, on approximately seven and one-half (7.5) acres of land located at 4701 Old Mill Road (Route 607) in Windsor Magisterial District. 1 Mr. David stated the Planning Commission voted unanimously to recommend approval of the application to the Board with the condition that the mobile home is to be removed from the property when it is no longer occupied by James E. Shank, Jr., and his immediate family. Supervisor Claud moved the Board approve the application of James 14 8001c ~7 %;:" ;~O E. Shank, Sr. with the condition that the mobile home is to be removed from the property when it is no longer occupied by James. E. Shank, Jr. The motion was adopted unanimously (5-0). C. The application of Leroy H. Garrison for a Conditional Use Permit to locate a mobile home to be occupied by Cynthia K. Stilley, daughter, and her immediate #amily on .712 acres of land .located at 12041 Smith's Neck Road (Route 665) in Newport Magisterial District. Mr. David stated the Planning Commission voted unanimously to recommend. approval of the application to the Board with the condition that .the mobile home is to be removed from the. property when it is no longer occupied by Cynthia. K. Stilley, and her immediate family. Supervisor Spady moved the Board approve the application of Leroy H. Garrison with the condition that the mobile .home is to be removed .from the property when it is no longer occupied by Cynthia K. Stilley. The motion was adopted unanimously (5-0). D. The application of the City of Franklin for a Conditional Use Permit to locate a mobile home to be occupied by the airport operator for security purposes at the John Beverly Rose Field Franklin Municipal Airport located on John Beverly Rose Drive in Windsor Magisterial District. Mr. David stated the Planning Commission voted unanimously to recommend approval of the application to the Board with the condition that the mobile home is to be removed when it is no longer occupied by the airport operator. Speaking in favor, Kent Marshall indicated the mobile .home is for his personal use and will. be moved upon his retirement. Chairman Bradshaw moved the Board approve the application of the City of Franklin with the amended condition that the mobile home is to be removed when it is no longer occupied by the current airport operator, Kent Marshall. The motion was adopted unanimously (5-0). E. The application of AAT Communications Corporation, owner, and AT&T Wireless PCS, Inc., lessee, for a Conditional Use Permit to place a twelve (12) foot by forty (40) foot .building adjacent to the existing AAT tower located at 14302 Slant Road (Route 670) in Newport Magisterial District. Mr. David stated. the Planning Commission voted unanimously to recommend approval of the application to the Board. Supervisor Claud moved the Board approve the application of AAT Communications Corporation. The motion was adopted unanimously (S-L~). F. Request by the developers of the Windsor Woods Subdi~~i~it~n 1 1 15 for an exemption to the requirements of Section 5000.8.2. of the County's Chesapeake Bay Preservation Area (CBPA) Ordinance 1 Mr. David stated the Planning Commission indicated its concern about establishing a precedent to an ordinance which they supported. and recommended approval of in the past. The Planning Commission voted to recommend denial of the request to the Board, stated Mr. David. John Wright, developer of Windsor Woods Subdivision, stated the development has had some problems in meeting the reserve requirement of the Health Department. Mr. Wright stated Windsor Woods Subdivision is requesting the Board allow the discretion of the Health. Department for the lots which .are experiencing problems with meeting .the reserve requirement. Supervisor Claud noted as the area was designed prior to the Chesapeake Bay Act being passed and the developers are complying with all other aspects of the Chesapeake Bay Act Ordinance, he would recommend the Board exempt the lots which do not .have -the 100% reserve drain field and allow the Health Department to best judge what the percentage should be. 1 Mr. David stated the language in the Chesapeake Bay"Act Ordinance states that lots must comply to the maximum extent possible which could apply in this case in that the lots comply as much as they possibly can and the Health Department. has stated that they will be requiring anywhere from 50% to 100% reserve. County Attorney. Crook noted that sewer will be available in that area in the near future and the Board may have mandatory connections by then. Chairman Bradshaw expressed his concern with the size of the development and the wetness of the area. Chairman Bradshaw asked why have ordinances if the Board continues to make exceptions to them? Supervisor Claude moved the. Board approve the request by the developers of the Windsor Woods Subdivision and waive the provision for the lots that do not meet the 100% drainfield. The motion was adopted (4- 1) with Supervisors Spady, Bradby, Claud and Cofer voting in favor of the motion and Chairman Bradshaw voting against. the motion. ,---~ I J Mr. David stated Senate Bi11 592 was proposed to address what was. perceived as excessive or unreasonable regulation of forestry and silvacultural activities by local governments through the adoption, and administration and enforcement of local zoning and development ordinances. Mr. David stated the subcommittee of the General Assembly voted to refer this legislation to the full committee on the condition that the Forestry Board and local government groups again attempt to resolve .the issues outstanding. Mr. David stated the two groups met last week and the "shifting" language was removed and the language was changed to reflect that as. long as the. regulation is for the benefit, safety, health and welfare of the citizens and does not conflict with the purposes of promoting the 16 BOOK 17.E:1GU growth and beneficial use of privately owned forest land, then it should be a valid ordinance. Mr. David stated because. the legislation will also prohibit any local government from imposing a permit fee or a permit of forestry activities, he expressed his concern to VACo as this is another .restriction on the County's ability to try to deal with local growth and funding issues. Mr. David further stated the legislation only allows a local zoning administrator ten working days to act on a request to review silvacultural activity. and there may be extenuating circumstances that would prevent him from responding in that time frame. Mr. David stated Senate Bill 592 has been reported out of the committee to the House of Delegates and previously approved by the Senate .with the language as it appears now. . Franklin Hall, .Chairman, Virginia Board of Forestry, stated the Virginia Board of Forestry is attempting to provide uniformity statewide in forestry management. Mr. Hall requested the Board direct staff to write the County's elected officials notifying them of the County's support for SB 592 which came out of the committee on December 19, 1996. Supervisor Cofer moved the Board direct the County Administrator write the County's elected representatives in the General Assembly stating the County's support for SB 592 that came out of the committee on December 19, 1996 and that the Executive Director of VACo, the Chairman of the Board of Forestry and the President of the Virginia Forestry Association be advised the County does not have. a problem with it in our jurisdiction.. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION FOR THE CREATION OF A SANITARY FACILITY AND AN ONSHORE DUMPING STATION FOR THE TYLER'S BEACH BOAT HARBOR AND TO ACCEPT AND APPROPRIATE ONE THOUSAND DOLLARS O1Z SO MUCH AS SHALL BE RECEIVED FROM THE CLEAN VESSEL ACT FUNDS AS ADMINISTERED BY THE VIRGINIA DEPARTMENT OF HEALTH WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, hereby supports and authorizes the submission and receipt of a grant from the Clean Vessel Act Funds as administered by the Virginia Department of Health for -the creation of a sanitary facility as well as an onshore dumping station at the Tyler's Beach Boat. Harbor; and, WHEREAS, the funds in the amount of one thousand dollars ($1000) or so much as shall be received from the Clean Vessel Act Funds, as administered by the Virginia Department of Health, need to be appropriated to the capital projects budget of the County of Isle of Wight, Virginia.. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County. of Isle of Wight, Virginia, that one thousand dollars ($1000) or so much as shall be appropriated in the 1966-1997 Capital Budget of the County of Isle of Wight, Virginia, for. the creation of a sanitary facility as 1 1 1 17 BOCK '11; .:, ~U~ well as an onshore dumping station for the Tyler's Beach Boat Harbor. 1 NOW, THEREFORE, BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustments on the Capital Budget for this grant and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Mr. David presented for the Board's consideration the Project Cooperation Agreement for the dredging of the Jones Creek Navigation Channel. Funding by the County has been reduced to $57,900 and the County will receive half that amount from the Virginia Port Authority, stated Mr. David. Responsive to the County Attorney's .concern relative. to the hold harmless clause, the Board Chairman authorized the County Attorney to properly notify the Corps of the County's opposition to the' clause,. if deemed necessary. 1 Supervisor Spady moved .the Board authorize the County Administrator to execute the Project Cooperation Agreement with the Army Corps of Engineers to implement the dredging of the Jones Creek at such time as the Army Corps of Engineers requests and subject to the County Attorney's approval as to form. The motion was adopted unanimously (5- 0). Regarding solid waste management, County Attorney Crook advised he has not reviewed the draft RFP and cannot make a recommendation to the Board at this point. Supervisor Cofer moved the Board table consideration of the matter until the Board's January, 1997 meeting to allow the County Attorney additional time to study the proposed RFP. The motion was .adopted. unanimously (5-0). Regarding the Camptown/Lee's Mill Road site, Mr. David stated the Franklin City Attorney is currently reviewing the lease agreement and has requested information pertaining to the project's design. The lease agreement, the project and authorization for the County to .amend the closure plan will have to be .reviewed and .approved by the Franklin City Council at their January 27, 1997 meeting stated Mr. David. Chairman Bradshaw requested the County Administrator contact the Franklin City Manager to request the matter be considered on their. agenda at their first meeting in January. C~ Regarding the proposed Isle of Wight County Zoning Ordinance, Mr. David stated he has discussed with the County Attorney the impact on tax revenues and possible .impacts on .farmland in the Development Service Districts. Mr. David requested the Board set a work session to .further discuss the issue. 18 eo~K 17 .r:10`~ The Board indicated it would continue its meeting tonight for the purpose of a work session on the proposed Zoning Ordinance. // Chairman Bradshaw called for the County Attorney's Report. County Attorney Crook distributed a letter to the Board regarding the Tyler's Beach Boat Harbor Agreement. County Attorney Crook stated the County has a Boat Harbor Committee that operates the harbor and some of these rules and .requirements of .the Game and Inland Fisheries, i.e., the operation of the harbor has been delegated to ~ the .Committee and the provisions of this Agreement should be made known to the Tyler's Beach Boat Harbor Committee. Supervisor Claud moved the County Attorney. refer copies of the Agreement to the Harbor Committee for their review and recommendation. The motion was adopted unanimously (5-0). County Attorney Crook stated the Deed from the Public Service Authority to the Board of Supervisors has been approved conveying all water systems, easements, wells, and other assets. County Attorney Crook recommended the Board of Supervisors approve and accept the Deed and authorize the Chairman to sign same on behalf of .the County. Supervisor Claud moved the Board accept the Deed and authorize the Chairman to sign same conveying all water systems, easements, wells, and other assets from the Public Service Authority to the Board of Supervisors. The motion was adopted unanimously (5-0). County Attorney Crook stated regarding compensation for attendance at meetings for the Substance Abuse Advisory Council, the policy adopted by the Board is to pay $50 per meeting for everyone who attends aCounty- appointed Board/Commission/Committee meeting, not to exceed one meeting per month. County Attorney Crook stated one issue is that the Board has County employees who serve on Boards/Commissions/Committee who are .not compensated for serving and there are large advisory boards that have never received compensation. County Attorney Crook stated Statute 15.1-33.2 of the Code of Virginia states .the local governing body may provide for reimbursement of actual expenses incurred by members while serving on such advisory Boards/Committees/Commissions and compensation to members for their services not to exceed $50 per. meeting. Supervisor Cofer moved the Board request Mr. Robertson provide the Board with a report on those County personnel who attend night and/or day meetings (salaried personnel and hourly. personnel) and the impact, if implemented. The motion was adopted unanimously (5-0). Regarding Town of Smithfield/Isle of Wight County annexation, County Attorney Crook distributed a copy of a letter he prepared to the Commission on Local Government which forwards to them the information r U 19 eooK ~ 17 ..,,:.1U3 the Commission previously requested (with requested documentation) and which will be hand delivered. 1 1 Regarding .the reassessment of properties, County .Attorney Crook stated he has met with the Commissioner of the Revenue and is distributing information to the Board the Commissioner prepared at his request. Gerald H. Gwaltney, Commissioner of the Revenue, stated the Board could hire an outside appraisal firm or the Commissioner of the Revenue or a Board of Assessors to perform general reassessments. Reasons why localities .prefer to go to a full-time reassessment program are .there can more construction than can be picked up by the Commissioner of the Revenue and closer assessments at 100% can be accomplished which receives more money from the Public Service Corporation. Two of the most important reasons found for inhouse reassessments are a more equitable assessment for the citizens of the County and a bi-annual assessment will smooth out large deviations that might be found over afour-year period. A first bi-annual. reassessment is estimated to cost $332,124 or an average of $22.00 per parcel with the second bi-annual assessment dropping to approximately $18.00 per parcel. Should the Board prefer to go with a reassessment office in the Commissioner's Office there is a possibility that there could be funding. from the Compensation Board as this office is a function that is recognized by the Compensation Board. Mr. Gwaltney distributed information and a reassessment schedule for the Board's consideration. The members of the Board indicated they would like additional time to study the information and schedule provided by the Commissioner of the Revenue. Turner Trice requested the Board .adopt a resolution contained in the agenda under the County Administrator's section supporting tax exempt status for the FFA-FHA/HERO Educational and Recreational Center at Morgart's Beach. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION SUPPORTING TAX EXEMPT STATUS FOR THE FFA-FHA /HERO EDUCATIONAL AND RECREATIONAL CENTER AT MORGART'S BEACH WHEREAS, the FFA-FHA/HERO Educational and Recreational Center is located at Morgart's Beach in Isle of Wight County, Virginia and. is used during the summer for leadership and church camps and by civic organizations .for retreats or picnics; and, 1 WHEREAS, the FFA-FHA Camp Association is a non-profit organization owned by the Virginia Associations of Future Farmers of America and the Future Homemakers of America; and, WHEREAS, the FFA-FHA Camp Association is requesting that it be 20 ao~~ 17.~:~1U4 exempt from paying county real estate taxes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Section 58.1-3619 of the Code of Virginia be amended to include the FFA-FHA/HERO Center. The motion was adopted unanimously (5-0). County Attorney Crook stated he could find no enabling authority for the Board to regulate cyclists. County Attorney .Crook stated he has received an inquiry concerning a leash law for cats and noted the County's lease law does not apply to cats nor does the State enabling statutes. County Attorney Crook noted he had two matters for executive session later in the meeting. // Chairman Bradshaw called for.. the County Administrator's report. Regarding the annual financial report, County Administrator Caskey distributed a letter from the CPA conducting the annual audit. Anne F. Seward, Director of Budget and Finance, stated the audit manager has promised a report to the Board by the end of the month. For the Board's discussion, County Administrator Caskey presented a request from the School Board for funds in the amount of $590,850. Supervisor Spady moved the Board approve the request of the School Board for funds in the amount of $590,850. The motion was adopted unanimously (5-0). County Attorney Crook recommended the Board approve the sewage collection .system agreement with the Town of Windsor which has .been approved by the Town Council of Windsor. Supervisor Claud moved the Board approve the Windsor Sewer Agreement .and authorize the Chairman to sign same. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following amended resolution which directs the funds to the Public Utilities Department:. RESOLUTION TO AUTHORIZE A LOAN OF SEVENTY SIX THOUSAND THREE HUNDRED TWO DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY PUBLIC UTILITIES DEPARTMENT FOR NORTHERN DEVELOPMENT SERVICE DISTRICT WATER FEASIBILITY REPORT 1 '~J 21 9o~K ~ 17 .~~:~ 105 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia hereby agrees and authorizes an interest free loan of seventy six thousand three hundred two dollars ($76,302) to the Isle of Wight County Public Utilities Department for payment of a water feasibility report in the Northern Development Service District; and, WHEREAS, the Virginia Water Project has committed to a grant to the County in the amount of thirty six thousand eight hundred thirty dollars ($36,830) to partially offset the expense of this work; and, WHEREAS, the funds in the amount of seventy six thousand three hundred two dollars ($76,302) need to be appropriated from .the unappropriated fund balance of the General Fund for an interest free loan to the Isle of Wight Public Utilities Department. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that seventy six thousand three hundred two dollars ($76,302) be appropriated from the unappropriated fund balance of the General Fund for an interest free loan to the Isle of Wight County Public Utilities Department for the payment of a water feasibility report in the Northern Development Service District. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 1 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION SUPPORTING THE LEGISLATIVE. PROPOSALS OF THE ISLE OF WIGHT SCHOOL BOARD FOR THE 1997 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the .General Assembly considers .numerous issues that affect public education in the Commonwealth of Virginia; and, WHEREAS, the County of Isle of Wight School .Board has specific interest in .issues impacting the County's School System directly and indirectly; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia supports the legislative proposals offered by the. Isle of Wight County School Board regarding .public education; and, 1 WHEREAS, such support should be conveyed to the Isle of Wight County General Assembly Delegation. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight supports the legislative proposals developed .and offered by the Isle of Wight County School Board 22 eo~K 17 . ~10e regarding public education issues which will be considered during the 1997 Session of the Virginia General Assembly and directs that said support be conveyed via this resolution to Isle of Wight County's General Assembly Delegation. The motion was adopted unanimously (5-0). Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources,. stated he was requested by Jack Finley, Virginia Fire Programs, to present for the Board's consideration restoration of $600,000 in funds deleted. from .the Fire Programs budget in the 1996 General Assembly session. Mr. Finley's organization also would like to see the language remain intact regarding the heart/lung issue, stated Mr. Robertson. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION SUPPORTING THE LEGISLATIVE ISSUES OF THE VIRGINIA FIRE SERVICES BOARD WHEREAS, the Virginia General Assembly considers numerous issues that affect volunteer emergency services such as volunteer fire departments; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has specific interest in issues impacting the funding of emergency services directly. and/or indirectly; and, .WHEREAS, the Virginia Fire Services Board advocates legislative positions in support of .local emergency service organizations in Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia endorses the following legislative positions adopted by the Virginia Fire Services Board during the 1997 Session of the Virginia General Assembly: 1. Support of the restoration of $600,000 taken out of the Fire Programs budget during the 1996 General Assembly Session. 2. Support of the Fire Ser currently included in Sec regarding the "'heart-lung not be amended. ices Board position that language ion 65.2-402 of the Code of .Virginia presumption for disability or death" BE IT FURTHER RESOLVED that said support be conveyed via this resolution to Isle of Wight County's General Assembly Delegation. The motion was adopted unanimously (5-0). Regarding a central County recreational facility, Count• Administrata~r Caskey noted that included in the Board's agenda is a partial Iisti~; ~~t 1 1 1 23 BocK ~ 17 .;.:~-ZU7 recommended names from the Chairman of the lead group for the Board's consideration. Supervisor Claud moved the Board approve the list of recommended appointees and to also appoint David Hardy and Herb DeGroft .and that additional names of individuals to be appointed be .added by other districts. The motion was adopted unanimously (5-0). Regarding the Isle of Wight Volunteer Rescue Squad building roof. repairs, County Administrator Casket' noted the Smithfield Town Manager has indicated the.. Town's Finance Committee will ..provide their recommendation in early January, 1997. - Supervisor Cofer moved the Board table consideration of the matter until its January, 1997 meeting. The motion was adopted unanimously (5- 0). County Administrator Casket' noted for the Board's information a Regional Committee meeting was held consisting of Chairman Bradshaw, Edna King and two (2) governing body members from the City of Franklin and Southampton County. County Administrator Casket' distributed information provided by Dewberry & Davis which is .preparing a water surface study for the Committee. 1 County Attorney Crook noted he had been requested to conduct some research for the Regional Committee regarding the. City of Norfolk's~~ water transmission from the Nottoway and Blackwater Rivers. County Administrator Casket' noted :for the Board's information the regional economic development marketing discussion at the Committee meeting directed that the economic development directors meet. to derive conclusive findings and discuss whether or not there is a cost benefit to participate in this regional marketing effort. County Administrator Casket' stated as the matter is preliminary at this point, it will be further addressed at a later date. Chairman Bradshaw suggested the County Administrator set up a meeting with the City of Franklin to pursue water issues under regional cooperation... Regarding the draft Compensation and Classification Study, Mr. Robertson presented a revised schedule for the Board's consideration. Mr. Robertson stated he had received additional information today from the consultants which he would like to further review before disseminating to the Board. 1 The Board. discussed a work session to be held on January 27, 1997 at 1:00 p.m. County Attorney Crook noted he had a jury trial scheduled for that date and would not be present. County Administrator Casket'. referred to a preliminary report on Boykin's Tavern from the Superintendent of Inspections for the Board's 24 BOCK i / ''I.:' i.~\/ information. County Administrator Caskey stated the Superintendent will have cost estimates for the Board's consideration at their January, 1997 meeting. Chairman Bradshaw moved the Board adopt the following resolution. RESOLUTION TO ACCEPT AND APPROPRIATE SEVEN THOUSAND FIVE HUNDRED DOLLARS FROM THE RUTH CAMP CAMPBELL FOUNDATION; TWO THOUSAND DOLLARS FROM THE CAMP MOUNTS FOUNDATION; .TWO THOUSAND DOLLARS FROM THE CAMP FOUNDATIONS FOR FIRE AND RESCUE SERVICES IN THEIR DISTRICT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a donation for fire and rescue services; and, WHEREAS, the funds in the amount of eleven thousand five hundred dollars ($11,500) need to be appropriated. to the appropriate fire and rescue line items in the 1996-97 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 eleven thousand five hundred dollars ($11,500) be accepted and appropriated to the Carrsville Volunteer Fire Department line item ($5,500), Windsor Fire Department line .item ($2,500), and the Windsor Volunteer Rescue Squad line item ($4,500) in the 1996-97 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in thebudget for this program and to do all things necessary to give this. resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey noted he had several matters for executive session later in the meeting. // Chairman Bradshaw called for Old Business. Regarding Supervisor Bradby's request at the Board's previous meeting, Supervisor Claud moved the Board approve the purchase of two (2) hand-held radio units for the Rushmere Volunteer Fire Department and that such costs be covered by the Capital Budget Contingency Account. The motion was adopted unanimously (5-0). Supervisor Bradby requested staff's assistance in replacing/repairing the sign at the Rushmere Volunteer Fire Department. // 1 [l 25 BOOK ~ ~~ ~.: ~1U9 Chairman Bradshaw called for New Business. There was no new business offered for discussion by the Board. // Supervisor Cofer moved the Board appoint Gayle B. Brown to fill the unexpired term of Frank Hall on the Board of Zoning Appeals from the Smithfield Election District.. Ms. Brown's term will expire in May of 2001. The motion was adopted unanimously (5-0). Chairman. Bradshaw called. for Appointments. Chairman Bradshaw moved the Board reappoint William H. Barrett to the Western Tidewater Community Mental Health and Retardation Services Board (Chapter 10) for an additional three-year term which will expire in December of 2000. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board continue having Phillip Bradshaw serve on the Hampton Roads Partnership. The motion was adopted unanimously (5-0). // 1 County Administrator Casket' requested an executive session under Section 2.1-344 Al concerning consultation with staff and counsel on a personnel matter; under Section 2.1-344 A3 of the Freedom of Information Act concerning acquisition and/or use of public property for public purposes and advice of counsel in the use of public property. County Attorney Crook requested an executive session under Section 2.1-344 Al concerning consultation with staff and counsel on two personnel matters and under Section 2.1-344 A7 concerning two matters for advice of counsel relative to potential litigation and contract negotiations and other legal matters requiring advice of Counsel. At 10:35 p.m., Supervisor Spady moved. the Board enter executive session for the reasons stated by the County Administrator and County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 11:05 p.m., Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 1 WHEREAS, the Board of Supervisors has. convened an executive 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, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in 26 eoen 17:x.:110 conformity with Virginia law; NOW, THEREFORE, BE TT 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 executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board approve the tax abatement on parcels 2201001A and 1B with the Town of Smithfield that was discussed in executive session pursuant to a court order. The motion was adopted unanimously (5-0). // At 11:08 p.m., Supervisor Spady moved the Board continue its meeting to Tuesday, January 7, 1997 at 2:00 p.m. for the purpose of discussing the proposed Zoning Ordinance. The motion was adopted unanimously (5-0). ~~ enry H. Bradby, Chairman W. Dou as askey Cler 27 1