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05-20-1999 Regular Meetingeo~~ 1~3 ~r:~~:~~ 1 1 REGULAR. MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF MAY IN THE YEAR . NINETEEN HUNDRED NINETY NINE PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice-Chairman Henry H. Bradby Phillip A. Bradshaw Robert C. Claud, Sro Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator/Directar of Human Resources Carey H. Mills, Recording Secretary Chairman Spady called the meeting to order at 6:00 p.m. Supervisor Claud delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Spady indicated the following Consent Agenda included Items 1, A through E, and asked if there were any items for removal: A. Final Plat of Carrollton Meadows Subdivision, Section II, Route 661, Sugar Hill Road, Newport Magisterial District B. FY1999-2000 State Performance Contract/Community Services Board C. Delinquent Real Estate Tax Collection Monthly Report D. Regular Meeting Minutes of April 15, 1999 E. Continued Meeting Minutes of April 22, 1999 Supervisor Cofer moved the Board adopt all items of the Consent Agenda. The motion was adopted unanimously (5-0) with Supervisors Spady, Cofer, Claud, Bradshaw and Bradby voting in favor and no Supervisors voting against the motion. !/ Chairman Spady called for Transportation Matters. Jonathan W. Hartley, Director of Planning .and Zoning, noted there were no transportation matters for consideration by the Board. // I 18 ~~.:~ ~.,.,U BOQK Chairman Spady called for Citizens Comments. ' Robert Edwards inquired about the status of his request made at the. Board's meeting of April 15, 1999 concerning the County having a portable bathroom and the surrounding area cleaned at Tyler's Beach. He had also mentioned that repairs are needed to the washed out bank and requested that s the County place a permanent dumpster at this location. Supervisor Bradby noted the County had placed prisoners at Tyler's Beach to clean up the. area. He stated that neither. the County nor the Harbor Committee charge for the use of the boat ramp. which leaves no source of revenue to do some of the things which need addressing and he will. ask the Board if the County can hire Moody Sanitation Company to place trash containers in the area. Chairman Spady .suggested that the Director of Public Works and -the Superintendent of Inspections review the dock and bulkhead and provide the Board with a cost estimate for repairs. Mr. Edwards inquired about his earlier request at the Board's April 15, 1999 meeting concerning the County's ability to eliminate sludge .from entering the County. County Attorney Crook advised Mr. Edwards that he would be bringing an ordinance to the Board for its consideration concerning sludge at the Board's June 3, 1999 meeting. Irene Jones of Track Lane requested the Board take the necessary action to install "Children At Play" signs along Track Lane and that additional speed limit signs also be posted. Mr. Hartley requested Mrs. Jones circulate a petition in her neighborhood to solicit interest regarding her request. .Supervisor Cofer requested Mr. Hartley contact the SherifFs Department and request that his deputies patrol this roadway for speeding vehicles. Chris Dunham of Springfield Downs requested the installation of speed limit signs. in her subdivision. She specifically complained about speeding school buses traveling this roadway. Chairman Spady requested Ms. Dunham circulate the necessary petition to support her request and provide same to Mr. Hartley for his handling. Susan Baker of Windsor requested the Board support funding of both proposed schools simultaneously. She noted both sides of the County should be addressed at the same: time and if the County can not fund both 2 aoc~r ~ 1~ ~~;~`~: ~1 simultaneously, that the Board hold off from appropriating any funding until the School Board has a good feasible plan that meets the needs of both sides.. Supervisor Bradshaw recognized the following individuals with the Boy Scouts, who were in attendance: Nick Lacus, Troop 7; Martin Domack, Troop 7; Lloyd Newman, Troop 7; and, T. J. Paul of Troop 7. // Chairman Spady called for the Community Development report. Mr. Hartley presented a request of Richard L. Turner to paint the single-family dwelling located at 14478 Benns Church Boulevard and demolish the single-family dwelling located at 14486 Benns Church Boulevard, Smithfield, in Newport Magisterial District, which is located in the St. Luke's Historic District. Mr. Hartley stated the Historical Architectural Peview Committee considered this item at its May 5, 1999 meeting and recommends the Board approve this request. with the colors as specified. by the applicant. 1 Supervisor Claud moved the Board approve the request of Richard L. Turner as recommended by the Historical Architectural Review Committee. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion {5-0); none voting against. Mr. Hartley presented the proposed Capital. Improvements Program (CIP) for FY2000-2004, as recommended by the Planning Commission. in the amount of $2.4 million and excludes any. capital items for the public school system. Mr. Hartley stated the Planning Commission recommended approval of the CIP at its public hearing on May. l 1, 1999. Supervisor Claud moved the Board accept. the recommended CIP. from the Planning Commission and authorize staff to publish notice for a public hearing for the Board's meeting on June 17, 1999. The motion was adopted as follows: Cofer, Bradby, .Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Administrator Caskey noted staff would be providing the Board with a more detailed analysis prior to the Board's public hearing. // 1 Chairman Spady called for the County Administrator's report. County Administrator Caskey presented a Resolution to Authorize Submission of A Grant Application and. to Accept and Appropriate Grant Funds From the Commonwealth of Virginia, Department of Juvenile Justice Services for the Board's consideration. 3 800~c 10 ~~':`~~~ Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA .DEPARTMENT OF JUVENILE JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission of an application for a Delinquency .Prevention and Youth Development Act grant to the Commonwealth of Virginia Department of Juvenile Justice Services; and, WHEREAS, funds in the amount of twenty four thousand one hundred sixteen dollars ($24,116) or as much as shall be received from the Commonwealth of Virginia Department of Juvenile Justice Services need to be appropriated to the appropriate. line item in the 1999-2000 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 funds in the amount of twenty four thousand one hundred sixteen dollars ($24,116) or as much as shall be received from the Commonwealth of Virginia Department of Juvenile Justice Services be appropriated to the appropriate line item in the 1999-2000 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 the budget for this grant and to do all things necessary to give this resolution effect. The motion was .adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. ..County Administrator Caskey presented a YMCA lease agreement for use of the old Smithfield High School building. Mr. Caskey stated the YMCA is inquiring whether or not there would be the possibility of this lease becoming amulti-year lease so they would not have to request the Board's permission every Spring to utilize the building during the summer months. County Attorney .Crook noted he was not aware the YMCA wished to have a multi-year lease and the amendment he has prepared for the Board's consideration tonight is to extend the lease for only one (1) year. Chairman Spady-noted the Board would consider the multi-year lease next year. u 4 /, pp r Supervisor Cofer moved the Board renew the YMCA lease agreement for the period of June 14, 1999 until August 27, 2000 or until the Head Start organization needs the building. The motion was adopted. as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Administrator Caskey noted the Director of Social Services has requested that the item concerning the Healthy Families program be deferred until a later date. County Administrator Caskey presented a change. order for the addition to the Windsor Library with Freeman and Freeman resulting in a total deduction of $1,450. Supervisor Claud moved the Board approve the Change Order with Freeman and Freeman at the Windsor Library for a total deduction of $1,450. The motion was adopted as follows: Cofer,. Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Alan S. Nogiec, Director of Parks and Recreation, requested the Board's permission to replace the sewer line at the .Nike Park Senior Services Center. Chairman Spady requested the Director of Parks and Recreation obtain additional bids. Supervisor Bradshaw moved the Board authorize the replacement of the sewer line, including the tree removal, not to exceed $12,460 and the funds are to come from this. year's Capital Budget. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. County Administrator Caskey presented a recreational boating proclamation signed by Chairman Spady on behalf of the Board at a eeremony this date. Supervisor Cofer moved the Board adopt the following proclamation: 1 PROCLAMATION WHEREAS, more Americans each year are choosing recreational boating as an ideal way to -relax with. their families and friends. .However, what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, fail to properly equip their: craft with Personal Floatation Devices and other protective .equipment, or fail to 5 BOLA 10 ~a''~~`~`t instruct their passengers in the use of such devices prior to a boating cruise; and, WHEREAS, every year hundreds of lives are lost in boating accidents. These fatalities. can be reduced and boating made more pleasurable if those who engage in it will emphasize knowledge, care and courtesy necessary for safe boating; and, WHEREAS, the Congress of the United States, having recognized the need for such. emphasis, has, by a joint resolution of 4 June 1958 (72 Stat. 179), requested the President to annually proclaim one week as National Safe Boating Week. NOW, therefore, I, O. A. Spady, Chairman of the Board of Supervisors for the County of Isle of Wight do hereby designate the week beginning 23 May 1999 as NATIONAL SAFE BOATING WEEK In .ISLE OF WIGHT COUNTY, VIRGINIA I urge all who use our waterways to acquire those skills and knowledge essential to-their own safety and that of others and to apply them carefully. The motion was adopted unanimously (5-0). County Administrator Caskey notified the Board that Evelyn Chandler has advised that the Boykin's Tavern Initiative event with Roxanne Gilmore has been rescheduled for June 11, 1999. from 7:00 p.m. unti19:00 p.m. at the Smithfield Baptist Church Family Life Center in Smithfield. /1 Chairman Spady called for Old Business. Michael Uzzell requested the status of his earlier request to the Board concerning his ability to remove metal from the various dumpster sites. Chairman Spady advised Mr. Uzzell that the County's ordinance. does not prohibit citizens from picking up metal items from areas outside the dumpsters at unmanned sites, however, he advised Mr. Uzzell that he does not have permission from the Board. to remove metal or any other materials from inside the dumpsters. // Chairman Spady called for New Business. 1 1 1 6 f ao~K 1~ ~~.~~~~) Supervisor Bradby .requested the Board consider the placement of containers at Tyler's Beach Boat Harbor via Moody's Sanitation Company. 1 Supervisor Cofer suggested Supervisor Bradby meet with the Director of Public Works to determine a solution as the County currently does not possess aroll-off truck. // Chairman Spady called for Appointments. There were no appointments offered for discussion. // Chairman Spady called for the County Attorney's report. County Attorney Crook presented the YMCA lease which he recommends as to form and requested the Chairman to sign on behalf of the Board pursuant to the Board's earlier action. II County Attorney Crook stated he has prepared an amendment, at the. request of the Board, to the County's current ordinance concerning dogs running at large. County Attorney Crook noted dogs can run at large in agricultural districts, but this proposed ordinance would prohibit dogs from running at large on streets, roadways, highways, garbage collection sites or any other publicly owned property in the County. County Attorney Crook requested after the Board's review, that they provide him with any requested changes and he will prepare a public notice for. advertisement. Supervisor Claud moved the Board review the proposed ordinance prepared by the County Attorney and that the Board set a date for advertisement at a subsequent meetingo The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud ,voting in favor of the motion (5- 0); none voting against. 1 County Attorney Crook stated the County has a proposed agreement from Virginia Geotechnical Services to do the subsurface work on .the property the Board has acquired for the .proposed water. tank. County Attorney Crook advised all his recommended changes have been incorporated and the agreement is now ready for the Board's consideration and approval. County Attorney Crook stated the agreement is in the form of a time and materials fee basis with a cap of $9,500. Supervisor Cofer moved the Board authorize the Chairman to sign the contract on behalf of the .County. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5- 0); none voting against. 7 eo~x ~8 ~~:'~.:~f) // Chairman Spady moved the Board take a ten (10) minute recess until 7:00 p.m. The motion was adopted. unanimously (5-0). // Upon returning to open session, Chairman Spady called for a public hearing on the following: Voluntary Settlement Agreement of Annexation between the Town of Windsor and the County of Isle of Wight County Attorney Crook stated this is an attempt by the Town of Windsor and the County of Isle of Wight to resolve, by agreement, the change in the boundary lines by the Town of Windsor which is the first time the Town of Windsor has attempted to do so in its history. County. Attorney Crook stated the. Town of Windsor has. narrowed down the- area originally discussed and the agreement contains provisions for sharing of revenues, for working together on zoning, as well as a moratorium on annexation. County Attorney Crook. stated the Committee of the Town of Windsor and the County of Isle of Wight have reached this Agreement and proposed it to the Windsor Town Council which approved the Agreement at its April meeting and it is before the Board tonight for public hearing. County Attorney Crook stated if the Agreement is approved by the Board of Supervisors, then it will be considered by the Commission on Local Government which will hold a public hearing in Windsor and a report will be made. County. Attorney Crook stated thereafter, the. Agreement will go to court for court approval based upon the agreement of the localities and the report of the Commission on .Local Government. County Attorney Crook stated the alternative to an agreement between the jurisdictions is to have the matter litigated in court which is costly and normally the court will grant annexation of certain areas, particularly those areas that have developed in residential and commercial development, and there is no revenue sharing although there is compensation paid to the county by the city or town for loss of revenues as determined by the court. County Attorney Crook stated the Agreement is an attempt by the County and the Town of Windsor to minimize the revenue loss to the County and it is also. a more economical way and saves the taxpayers a great deal of money. Chairman Spady called for persons to speak in favor or in opposition to the proposed Voluntary Settlement Agreement. Carl Eason, Jr., Windsor Town Attorney, stated the Town of Windsor has never expanded its boundaries in its entire 97 years of existence and the Town is stagnant in its economic development which means a stagnant tax base for the Town, as well. Without this, the Town will either experience 1 1 8 BOCK 10 ~,':`~J7 1 1 deterioration or higher taxes for the Town residents. Growth is occurring immediately outside the Town boundaries and the Town has been considering what it needs to do to have a voice in .what will be occurring around the Town, A boundary line adjustment is the method in which. the Town is able to control that growth and have a voice in the development process. The growth occurring outside the Town boundaries will impose additional burdens on the Town. The Town currently .offers fire protection, police protection, rescue protection, lobbying efforts which benefits everyone and the boundary line adjustment will give the Town the ability to be able to expand its infrastructure. The residents in the affected areas will still remain citizens of the County and the .revenues the County will loose from the annexation are mainly from local sales taxes and water. The local sales taxes will be offset to a great degree by the sharing on utility taxes as negotiated in the Agreement over a ten (10) year period and. the water revenues will be offset by Windsor's agreement to sell the County additional water for the County's development in this area. There will be slight increases in the real estate taxes for property owners in the affected area, however, these will be offset to some great degree by services they will receive, i.e., garbage collection, lower water rates, cost sharing for piping of ditches and lower cemetery prices. The Town's economic impact study illustrated that a home owner in the affected area with a home assessed at $120,000, with. two (2) automobiles valued at $8,000 and using itemized deductions on his Federal and State tax returns, would result in an increase in taxes of only $60 per year. This included the personal property. taxes .which will be repealed over the .several years, which included, will be an increase of only approximately $40 per year.. The. major .non-economic benefits are the more local the government the greater voice an individual will have on what is going on. The Town wants to have some input on what happens just outside its existing boundaries. The Town wants to control. the zoning and development of these properties and the residents in the.affected area will have a stronger voice in what the decisions are and how the decisions are made at a local level. Amore viable town will mean that the Town can spread out its costs and keep taxes low for everyone in the area. The Town Council has made a commitment to continue the use of land on qualifying properties, consideration for separate taxing districts for agricultural areas and the Town will keep the current zoning of .affected areas. Attorney Eason .stated the matter before the Board tonight is whether or not the County adopts the Agreement which has been negotiated between the two (2) committees. Kurt Falkenstein, Windsor Town Manager,. reviewed for the Board some of the benefits of being a Windsor Town resident and how the Town plans to phase in services for the new residents if the Agreement is approved. He stated Town residents presently enjoy reduced water rates, weekly trash pick-ups,. two trash collections for Spring and Fall for clean-up, reduced cemetery plots at $250. verses $800 for non-residents, additional law enforcement coverage within the Town, street lighting, the piping in of drainage ditches on residents' properties, paving projects, water .lines to 9 provide fire protection and a sidewalk policy that Town residents can participate in. Immediately following the effective date of the boundary line adjustment residents will receive additional police protection, lower water rates, low tap fees, trash collection, lower cemetery plot rates, eligibility for ditch piping and. eligibility for driveway piping. Within one (1) year, the Town plans to develop the needs for unpaved streets, the installation of streetlights in residential areas and the evaluation of sidewalk requests. He stated the Town has requested a water permit to .withdraw over 500,000 .gallons of .water per day from DEQ and the Town will also request the increase in .withdrawal from the Department of Health. The Town will need to install another well within the first year, with the installation of an overhead or ground storage water tank. In the third year, the Town will review the need to place a ten (10) inch water line to .the County's industrial park. The Town will, in the fourth year, .provide 1,500 feet of piping of Shiloh Drive to Pierce .Circle and 1,600 feet along Holland Drive for fire protection and fire hydrants. In the sixth year, .the Town is anticipating 2,700 linear feet of eight (8) inch line along Route 460. The Town's financial .condition is a fund balance of #340,768 in the General Fund to provide services to the residents of the adjusted area .and to pay expenses for boundary adjustment. The Town further .has $3,157,904 in borrowing power to make the many anticipated improvements. Wesley Ray Holland, Windsor Town .Council, asked the Board to support the proposed boundary line adjustment agreement which he believes will strengthen the Town and surrounding community. The future is sure to bring growth to the area and the Town's objective is not so much to promote growth as to try and stay in front of oncoming growth. He stated the proposed Agreement is a good tool to keep providing the good kind of place to live that attracts people to the area in the first place. He addressed the fact that the Town has agreed to install a water line alongside the County's existing line to serve the .industrial park area even though the Town has a 280,000 gallon limit on its Health Department permit and is not required to do this until it is at 80% consumption before requiring an extension to the permit so that the Town will be ready to supply water to the County and its customers. He stated the County and the Town have entered into agreements for the betterment of the community which benefited everyone. He stated the proposed boundary line adjustment is about a community planning for the future to provide, maintain and improve upon its services. Wesley Ganris, Mayor, Town of Windsor, stated the Agreement d= includes more benefits. to the County via. water agreements than the whole Smithfield boundary line adjustment agreement. Mayor Garris asked. the Board to favorably vote on the Agreement as the Town has pledged to provide services to those affected by the Agreement, i.e., trash collection, .street lights and additional police protection which will cost more than the additional taxes the affected residents will have to pay. The Town also pledges to include a 100,000 gallons of water per day to the County for future economic and industrial development outside the new boundaries. He 10 D I ~ r~ 80nic . 18 ~.;'~ ~_~.3~ stated to allow the Town to expand will bring in new business and the County will benefit. 1 Edward Hall, a Town Council member and resident of Church Street in Windsor, stated the Agreement includes the Town's pledge to .provide 100,000 gallons of water per day. In addition, the Town will construct an additional water line to serve the industrial park. The Town will forgive the connection fees owed by the County under the Town's water agreement and the County will retain complete jurisdiction for the Ennis Mill Run related to water issues. The Town will pay the .County .half of the utility taxes. collected by the Town for consumers within the newly. annexed area for a ten (10) year period. The Town has also agreed to pass through to the County all cash proffers made under. conditional zonings within the newly annexed area attributable to education. The Town has agreed to a joint advisory review with the County on all rezoning and variance applications, all special use permits and all proposed site plans and amendments to -the Town's Comprehensive Plan for property located in the newly annexed area. Nancy Cutchin, resident of Church Street in Windsor, stated she is in favor of the proposed boundary line adjustment due to the growth coming into the area. She stated she supports the boundary line adjustment so that the Town can grow and become a prosperous town. 1 James O'Bryant, member of the Town of Windsor Planning Commission and resident of Holland Drive in Windsor, stated the residents of the Town of Windsor and the residents in the affected area all have the same goals in mind, in that they wish the area to remain. a rural community. Without careful planning, good land use ordinances and proper merging of existing regulations for. those. areas, Route 460 will become a Mercury Boulevard. Mr. O'Bryant urged the Board to act favorably on the Agreement as we do not need to go .through a lengthy court process and let the Commission on Local Government make decisions for the citizens of the County and the Town. .Susan Baker, a resident of Church Street in Windsor, stated the Town and County must look toward the future and proceed forward. Ms. Baker encouraged the Board to vote favorably on the Agreement. 1 County Administrator Casket' also read into the record a letter received from Thomas J. Wright dated May 14, 1999 noting that he would unable to attend the boundary line adjustment meeting tonight, however, he would like to add his comments to those who are in favor of the Agreement with the Town of Windsor. He stated that since relocating his dredging business in 1998, he has had the pleasure of working with officials of the Town to bring improvements to the area and he feels that the-.Town not only provides great. representation to its residents, but businesses as well.. He stated working with Town officials to address his business. concerns is only one of the benefits he will receive after being annexed. He stated other 11 80~K 18 .^~.~ ~FU benefits will be to receive lower water rates, street lights, correction of drainage problems and increased. law enforcement coverage. County Administrator Caskey read into the record a letter received from. Thomas F. Goerger dated May 18,.1999 noting his support of being annexed by the Town. He noted he is a resident of Hidden Acres and feels the annexation .would benefit the residents in the proposed area. He noted that while the real estate .and personal, property taxes would increase, other services will. be received. He noted nearby County residents utilize many of the resources supported by the Town of Windsor such as the library and fire and rescue services. He noted he believed the positive impact of the proposed boundary line adjustment would. outweigh any detriments. The Chairman called for those wishing to speak in opposition. Brian McDonald, a resident of Shiloh Drive in Windsor, presented a petition in opposition to the proposed boundary line adjustment to the Board containing 178 adult signatures representing 118 households in that area, which is in excess of 75% of homes and residents in that area. John Atwood, a resident of Hidden Acres, spoke in opposition to the proposed boundary line. adjustment stating -less government is needed, not more. Mr. Atwood stated seven (7) Town Council members listened to opposition at their last Town meeting on the subject and proceeded to vote. seven to noting (7-0). He noted the proposed adjustment would cost him over $400 annually and he does not believe he will get this back from proposed services. He stated none of the residents were .asked if they wanted annexation.. He noted there are low income residents that a 20% increase in taxes will hurt financially. He requested the Board to take a . stand against this and do the right thing for the 90% of residents that don't want to be annexed. Jill Houston, Windsor Estates,. asked the residents of Windsor Estates to raise their hands who are present. She stated there are twelve (12) homes containing from six (6) to ten (10) acres and she does. not see where any of the services received would benefit the residents. She stated she likes who she pays her taxes to and how she lives her life and she does not want anyone to change that. Carolyn Griffin, a resident of Johnson Avenue in Windsor, stated she is opposed to the proposed boundary line adjustment because it is not the will of the residents being annexed. She stated she does not believe that any handful of people should decide what large amounts of people -are going to do unless the people are asked. She. stated she does not believe it will afford any resident that is being annexed anything that they don't already have. Connie Carter, a resident of Old Suffolk Road, stated Windsor Estates would like to remain in the County. She stated she does .not want to be a 1 1 12 ~o~~K 18~.~:~~F1 1 part of the Town of Windsor and she does not want any of the proposed amenities.. She stated she has lived in cities in the- past and this is why she lives where she lives today. She offered to assist the County in any way in relinquishing .the Windsor township and making this area the .County once again. Donald .Houston, a resident of Tyler Drive, stated he believes in the "american .dream" which is being able to build your home without the politics associated with cities. He stated the Windsor Town Council did not hear the concerns expressed by the residents being annexed and instead voted to approve the boundary line adjustment. Alan Vorostic, a resident of Tyler Drive, stated the Windsor Town Council's vote was decided before its meeting. He went on record of being in opposition to the proposed boundary line adjustment and. stated he is appalled by the conduct of his local government. An announcement in the Smithfield Times was .published, a paper up until a few weeks ago, he had never heard of and which, to him, raises all kinds of questions. He stated officials are elected to office to represent the concerns and the. people of your town, not outside interests. He stated it was clear at the meeting that the decision had been made and was targeted at pleasing the money and power of the Town of Windsor. He asked the Board not to make this decision without first asking the people. n Mark Taylor, a resident of Tyler Drive, stated he is present to address the change in his quality of life that the improvements being brought about by the proposed annexation will bring. He stated he enjoys the benefits of country life and being annexed will force him to stop having bonfires, prevent him from hunting and skeet shooting and raising his cattle. He stated the additional benefits are not benefits unless they are perceived to be so by the people upon who they are being forced. Mr. Taylor suggested that the Town and County can create a special zoning which would allow them to maintain their quality of life as they desire it to be and that it be grandfathered on to the people who buy his property from him. Robert Rummell, a resident of Mulberry Lane/Old Suffolk Road, spoke in opposition stating the water and sewage to be provided under the agreement will not help him as he will probably be deceased before it takes place. He stated the Town of Windsor can not govern him any better than the Board of Supervisors. 1 Darren Stoffer, a resident of Shiloh Drive, presented the County Administrator with a letter of opposition. He acknowledged that the Board of Supervisors has, ~ in the past, performed an excellent job of controlling growth in -the County. He stated he is putting his trust in the Board to continue doing this in the future and he does not believe he needs another layer. of government. He stated last time he checked the County's tax dollars and donations were paying the largest percentage for services. He stated 13 BOnN 18 ~~~;~~:~~ there are many ways to .generate more revenues. He stated this is about taxing a few residents who happen to live near the Town limits to benefit the County as a whole. If the. County needs a water system,. then the burden of paying for the system should be spread countywide and not placed upon a few citizens who happen to live in a certain geographic area of the County. Harold Bowden, a resident of Hidden Acres Circle, spoke in opposition stating he was not presented an opportunity to speak. to the Windsor Town Council during its recent meeting. He stated he hoped the Board would do some -soul. searching and if the Windsor Town Council is going to spend this type of money he did not want them representing him. He stated the Board has done a good job at holding the real estate tax where it is. Barbara Atkinson, a resident of Stave Mill Road, stated she does -not choose. to live in the Town. of Windsor. She stated she likes her. deep well and does not need a septic system or street lights. She stated the Town Council is wrong to tell residents where they have to live. She stated the Board and Windsor Town Council are here to represent the people, not dictate to the people. Bob Stallworth, a resident of Twin Circle, stated he moved to Carrollwood thirteen (13) years ago at which time the Board required the developer to install street lights, install a deep water well and the Board approved his septic system, all of which are operating properly at this time. He stated he is also enjoying the. trash collection site and there is not anything that the Town of Windsor can offer him. He requested the Board listen to the voice of -the people and vote against the boundary line adjustment. Gene Thresher, a resident of Hidden Acres Circle, stated he has been pleased with .the representation by the Board and he would like to stay represented by this Board. He stated he does not believe the Town can provide anything for him that he presently does not already have or that he wants. Tom Whitfield, a resident of Lovers Lane, .stated he already has lights and a deep well. He stated he is satisfied living in the County. Sue Strickland, a resident of Lovers Lane, spoke in opposition to the proposed boundary line adjustment because of the increase in taxes and the burden it will place on her. Such an increase will put a hardship on many people, she stated. Christine Willis, a resident of Lovers Lane, stated she is present to appeal to the Board to not vote in favor of the boundary line adjustment. She stated in the voluntary agreement the County has acquired a .pipeline to supply water to its industrial .park that will be paid by only a few of its 1 1 14 ao~r, 18..:-:-463... 1 1 taxpayers. ,She stated the County will be allowing the Town of Windsor to take in residents who are opposed to it and the increase in revenue will be shared by the County, which pays for the waterline and keeps the County from losing as much revenue. However, when the revenue sharing period is over, the County will raise the tax rate in order to recover from those lost dollars. She stated any improvement costs should be shared by the entire county citizenship, not just by a select few. She stated the Town of Windsor has nothing to offer these affected citizens as they can not improve the quality of life, and there will be no improvements to. the schools, streets, library, the fire and rescue response, the police protection, the social services and youth programs, trash. pick-up, public transportation and street lights. She noted there has been no support in favor of the proposed boundary line adjustment, however, there has been opposition, as demonstrated by petitions. She stated complete neighborhoods have opposed this action. She stated the County already has a utilities department in existence and there is no need for the Town to duplicate any of these services. Carolyn Griffin, a resident of Johnson Avenue in Windsor,. reiterated that there is a lot of land in -the. Town of Windsor that is not developed. She referenced the three (3) lots she owns adjacent to her home stating that the Town does not intend to bring water and sewage to these lots, enabling her to be able to better sell them. She stated approximately 150 homes could be built on Jill Avenue, but the Town is not intending to bring water and sewage to this prime real estate property. The Town is not improving what it already has, she stated. She stated -she thought a referendum. should be held as she is opposed to the government opposing the will of the people. Carl W. Tilman, a resident of Tyler Drive, stated he did not want any of the services the Town is proposing. He stated the Town should be more .aggressive on its economic development and he does not see that the. Town can provide him any services he wants. He noted the Windsor Town Council did not listen to any of the speakers' concerns with the proposed boundary line adjustment. u County Administrator Caskey read a letter into the record from Kenneth N. Johnson and M. Dawn Johnson of 24206 Twin Circle, Windsor, dated May 20, 1999 which advises the Board of their strong opposition to the proposed annexation. To date the proposed benefits. would consist of the following: more street. lights, sidewalks, trash collection, police protection and proper utilities. They stated their neighborhood currently benefits from property utilities, police protection, trash collection services and adequate lighting. They stated the addition of sidewalks are not only unnecessary, but would detract from the natural .setting that originally drew them to .this community. The additional tax burden would be detrimental to retired persons living on fixed incomes and they have spoke with no one who is in favor of the Town's action. They requested the Board to vote no to Windsor's proposal. 15 eooK 18 ~~ :~ ~~4 Chairman Spady closed the public hearing and called for comments from the Board. County Attorney Crook stated the existing 16" line to the .industrial park is to provide the County with 100,000 gallons of water at the industrial park. If the Town wishes. to serve the citizens in that area, the Town is .not to use that line, they are to install another line. Supervisor Claud stated the County has a 16 inch. line to the industrial park and has an agreement with the Town for 50,000 gallons of water for the industrial park usage.. The proposed agreement stipulates that within three (3) years after-.the annexation takes place, the Town would place a .parallel line to the County Line to the industrial park which would have the capacity to provide the 100,000 gallons of water to the industrial park and connections within the Town limits in that area. would tie into this line, not the County line, which could be extended. He stated it is important for the County to maintain ownership and flexibility of that line and the County is using it now for potable water to the industrial park, but since the County and City of Suffolk have entered into the Western Tidewater Water Authority, there is the potential for that line to carry water from. the 4,000,000 gallons water well that sits just outside of the existing Town limits plus the 1,000,000 gallons of water now that the County receives from Lake. Gaston. The potential is there to take that water up into Suffolk or the potential in the future to bring treated water from the Suffolk area back into the County. He stated the County gains complete flexibility in the 16 inch line with no additional cost.. He stated the agreement not only states 100,000 gallons of water for the industrial park, but that the. Town will work with the County on a prorated cost to get the 100,000 gallons, or any part thereof, to other areas in the Town. Supervisor Claud clarified to Ms. Atkinson that Stave Mill .Road is not in the proposed annexed area. He stated a portion of this roadway was in the initial. area to be annexed, however, .during negotiations with the committee, this was deleted and no addresses on Stave Mill Road are in the area to be annexed. He stated that the Town Attorney had noted that there is no plan to change the zoning for residents who own animals. Regarding sewage being placed in undeveloped areas in Town, the County, in placing the sewer system in the Windsor area, has made provisions for all existing residences to be connected and the area that is not developed will have it extended when developed. Supervisor Bradby stated he has been on this Board when the agreement was reached with. Franklin to share revenue .and been through two (2) annexation requests from the Town of .Smithfield. He stated he has never seen this many people opposed to annexation as seen .tonight. He stated government is for the people, of the people, and by the people. 1 LJ 16 1 1 ~J Supervisor Bradshaw stated he would not want a 20% tax increase either and the concern expressed by residents is dealing with communications and not what was going on. He stated -the Town of Windsor took .the position that all discussions .would be open and up-front and this process has taken over a year. He stated this has been as open as possible and the committee has never met behind closed- doors and it concerns him that the message has not gotten to the people. He stated the State of Virginia requires that counties are governed by the Constitution of the State and when it specifically deals with boundary agreements by annexation, the Commonwealth of Virginia encourages towns to expand and when counties challenge localities, the counties lose every time. The Commission on Local Government will be making the final .decision and he encouraged all concerned residents to contact members of the Commission and voice their concerns. He stated the two (2) ways to get around this process are to- eliminate the Town Charter itself or go to the General Assembly members and request the Constitution be changed.. He stated the Town has more authority than the Board of Supervisors because their flexibility is far greater than what the Board of Supervisors fias. The Board is limited as far as what it can and can not do. He stated the Board has been able to maintain tax rates and has done everything in its power to maintain the tax rate to encompass growth and educational needs of the County. Supervisor Cofer stated this is a tough issue but the Dillon Rule controls counties and not towns. He pointed out for a county to have a meals tax the public must vote favorably by referendum, however, for towns and cities the Council members only vote on a meals tax. It is unfair that towns within counties can. do things that counties can not do. Supervisor Claud stated annexation is always a difficult and emotional issue and should the Board be in favor of the boundary line adjustment tonight, .this is not the end of the process. He stated citizens have an opportunity to appear before the Commission on Local Government before a three (3) judge panel. He stated the Board feels it is in the best interest of the County to negotiate an agreement with the. Town rather than to have an expensive court case and then both parties and the County lose.. Regarding the services to be provided to affected residents, the Agreement stipulates that the Town agrees upon the effective date of annexation the Town will extend, within a .reasonable time from the effective date of the annexation, its general governmental .services to the annexation areas on the same basis and at the same level as such services are now hereafter provided to the areas within its current corporate limits while like conditions exist. He stated the committee has worked on this for eighteen (18) .months, all in public, and he believes this is a fair agreement, although he is sure it is not perfect. Chairman Spady stated he has always been against annexation. He stated in 1968 the City of Franklin wanted to annex the Union Camp Corporation complex. He stated the County went. to court against the. City of f i7 aoeK ~~ ~,~~' 4~iEi Franklin. and won .the case because Union Camp Corporation testified on the County's behalf against the City. of Franklin. He stated annexation has occurred with the Town of Smithfield, which he was against, and the County was at a disadvantage as the Town of Smithfield was already supplying services outside of its limits. The Town of Smithfield wanted to annex Gatling Pointe and Gatling Pointe South and the residents hired an attorney to fight the annexation, therefore, it was dropped from the annexation agreement. He stated he agreed to the voluntary boundary line adjustment because he felt this was the best deal he could get without going to court and spending atremendous- amount of money. He stated he is not against the Town of Windsor growing and he voted in favor flf doing the sewage there because he believes the Town has land within the Town that can grow, but the Town needs sewage because the land will not perk. He stated this is a .very aggressive area to be annexed and he can not support the boundary line adjustment. Supervisor Claud stated he feels it is in the best interest of the entire County to approve the Agreement and he moved the Board approve the following resolution, as presented: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA (1) APPROVING A VOLUNTARY SETTLEMENT BETWEEN THE .COUNTY AND THE TOWN OF WINDSOR, (2) REQUESTING A REVIEW OF THE AGREEMENT PURSUANT TO SECTION 15.2-3400 OF THE CODE OF VIRGINIA (1950), AS AMENDED, (3) STATING THE INTENTION OF THE BOARD OF SUPERVISORS TO READOPT THE AGREEMENT AND TO PETITION THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY, SUBSEQUENT TO THE COMMISSION'S REVIEW TO APPROVE A SETTLEMENT AND GIVE IT FULL FORCE AND EFFECT WHEREAS, the. County of Isle of Wight, Virginia and the Town of Windsor, Virginia, .have entered into negotiations to seek a voluntary settlement of annexation issues; and, WHEREAS, the County and the Town are now prepared to enter into a voluntary settlement which provides for the annexation of certain territory, for the waiver by the Town of certain annexation rights, for the conveyance of certain water and sewer system, and for other matters; and, WHEREAS, Chapter 34 of Title 15.2 of the Code of Virginia (1950), as amended, requires that such a voluntary settlement be reviewed by the Commission on Local Government. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle. of Wight, Virginia, at a regular meeting of the Board of Supervisors held on May 20, 1999; 1 1 t 18 eo~r, ~ 18 =.::~ ~.~7 L 1. That the Board of Supervisors of the County of Isle of Wight. hereby approves the Voluntary Settlement Agreement between the County and the Town, a copy of which is attached hereto, and hereby authorizes and directs. its Chairman to execute the Agreement on behalf of the County; 20 That the Board of Supervisors of the County of Isle of Wight hereby requests the Commission on Local Government review the Agreement pursuant to Section 15.2-3400 of the Code of Virginia (1950), as amended; 3. That the County Administrator is herebydirected to refer the Agreement, together with all necessary data and .material, to .the Commission and to take all other actions as may be required to accomplish the Commission's review of the Agreement; 4. That the Board of Supervisors hereby designates H. Woodrow Crook, Jr. as its contact person for communications with the Commission regarding the review of the Agreement; and, 1 5. That. is it the intention of the Board of Supervisors, subsequent to the Commission's review to readopt the Agreement and thereafter to petition the Circuit Court of Isle of Wight County to affirm and validate the Agreement and to give it full force and effect. The motion was adopted by the following vote (3-2) -with Supervisors Cofer, Bradshaw and Claud voting in favor of the motion; Chairman Spady and Supervisor. Bradby voting in opposition to the motion. Supervisor Cofer moved the Board take a ten (10) minute recess. The motion was adopted unanimously (5-0). Upon returning to open session, Chairman Spady called for a public hearing on the following: 1 Nominations for Appointment of School Board Members ..for the Hardy and Windsor Election Districts County Attorney Crook stated the County held a referendum which passed for the Board of Supervisors to appoint School Board members. The School. Board members have been appointed from the same election districts. as the Board of Supervisors. A public hearing for nominations of the School Board must be held. and the Board must then wait an additional seven (7) days thereafter before making the appointment. He stated only persons nominated at the public hearing. can be appointed by the Board of .Supervisors. He stated the Hardy .and Windsor representatives' terms are expiring and are up for nominations tonight at the public hearing. 19 Chairman Spady opened the floor for nominations for appointment of a School Board member for the Windsor Election District. Edward Hall nominated Pamela J. Edwards. He stated he has known Mrs. Edwards for thirty-one (31) years. She holds a B.A. degree from Elon College in North Carolina and a Masters in Education from the University of Virginia.. She has been in education for thirty four (34) years and has served on the School Board since 1990. Lisa Jones seconded the nomination of Pamela J. Edwards. She stated she is a highly qualified, .profoundly dedicated individual and her experience in the educational field make her the best candidate for this position. Nancy Cutchins endorsed the nomination of Pamela J. Edwards.. She stated she has the best interests of all the children in the County in mind during her decisions.. She stated she has a clear view of how the school system works in the Commonwealth. Mary Piland also endorsed the nomination of Pamela J. Edwards. She stated Mrs.. Edwards has actively worked for all children in the County and her ideas and proposals have been consistent. Christine Dunham nominated Pamela DeLar. She stated she does not feel she is being appropriately represented at this time in many aspects. She stated Mrs. DeLar has been a resident of the County for five (5) years and has two (2) children in the- school district. She stated she holds a Bachelor of Science Degree in Elementary Education from the State University of New York College.. She stated she would bring a fresh outlook and new insight into the issues facing the school system today. Robin .Land seconded the nomination. of Pamela DeLar. She stated that in June of this year when Dr. Peerey's daughter graduates there will not be a School Board member with a child in the County's school system. Because Mrs.. DeLar has children in the school system, she has a vested interest in ensuring the quality of education of the County's children. Chairman Spady called for nominations for appointment of a School Board member for the Hardy Election District. Jeremiah H. Cuffey, Jr. nominated Gene Lowery. He stated he currently has a child in Smithfield High School. He stated he is an honorable man with a vision for the educational system of the County and an advocate for all children. Susan Baker seconded the nomination of Gene Lowery. She stated he is a very well educated and well-thought out man. She, stated he is an advocate for the children who can see the needs for all children. 1 20 EOt~k' ~~ «.`1'~'v ~I Willie L. Williams nominated Herb DeGroft. He stated there is currently a civil war going on with the current School Board and Mr. DeGroft has been. one of those who tries to stay away from the civil war and use his conceptual ideas to look at and do what is good for the County as a whole. Andy Casey seconded the nomination of Herb DeGroft. He stated throughout his tenure he has provided the Board with professional, objective and honest recommendations concerning the operation of the entire school system. He stated if reappointed, Mr. DeGroft will continue to work for the benefit of the entire County school system.. R. L. Walker endorsed the nomination of Herb DeGroft. He stated Mr. DeGroft does adequate research and knows what he is talking about. He stated the County is divided right now and Mr. DeGroft is for the betterment of the entire County. Mr. Walker presented the Board with a petition on Mr. DeGroft's behalf. Mayor James P. Chapman endorsed the nomination of Herb DeGroft. He stated Mr. DeGroft is upfront, interested in the County, and is his own man. He stated he has the experience now and to remove him would not benefit the School Board. i~ Joseph Spratley endorsed the nomination of Herb DeGroft. He stated he is open minded and will listen to concerns. He also stated Mr. DeGroft is a hard worker and unselfish. Evelyn Chandler endorsed the nomination of Herb DeGroft.. She stated he is a people person and assists in volunteer efforts whenever needed. She stated he is a professional and .intelligent man who knows how to make adecision. Edna King .endorsed the nomination of Herb DeGroft. She stated he has always been open, approachable and loyal to those whom he serves. She urged the Board to keep Mr. DeGroft on the School Board as he talks to the total public, proposes possible solutions and who knows the value of instructional values with the work place emphasis. 1 Barbara Olin endorsed the nomination of Herb DeGroft. She stated he understands the critical importance of parent involvement in public education. She stated he looks for solutions to problems and he is willing, eager and open to discuss those solutions. She presented a petition containing 100 names from the Hardy and Smithfield. Districts that request he be reinstated to the School Board. John Springfield endorsed the nomination of Herb DeGroft. He stated that he Gazes about the children and works hazd at his job. 21 Silvia Valentine Grit~ith endorsed the nomination of Herb DeGroft. She stated she has found that Mr. DeGroft is able to take • a stand on controversial issues. She stated she has found him to _ be supportive of teachers. Robin Land endorsed the nomination of Herb DeGroft. She stated. she believes. Mr. DeGroft provides the children of the County with a sound educational environment and does this in a financially responsible manner. She presented several petitions .signed by over 200 residents from Hardy, Newport, Smithfield and Windsor .election districts requesting the reappointment of Mr. DeGroft to the School Board.' Pat Clark endorsed the nomination of Herb DeGroft. He stated Mr. DeGroft was able to foresee potential complications. of the Graymor Development and he is a favorable person to have on the School Board. Terry Robinson endorsed the nomination of Herb DeGroft. She stated Mr. DeGroft has conducted himself above and beyond the call of duty. She stated he has gained knowledge and she requested the Board give him the opportunity to provide the County with the direction and educational programs that it needs to take. Robert Edwards endorsed the nomination of Herb DeGroft. He stated he has done a good job in the past and requested the Board reappoint him.. Christine Dunham endorsed the nomination of Herb DeGroft. She requested the Board reappoint him. Chairman. Spady closed the public hearing and advised- the public that the Board must wait an additional seven (7) days before acting on the nominations. Chairman Spady called for a public hearing on the following: ' 1999-00 Proposed General Operating Budget Anne F. Seward, Director of Budget and Finance, presented for the Board's consideration the 1999-00 proposed General Operating Budget in the amount of $52,265,964. Chairman Spady called for persons to speak in favor of or in opposition to the proposed General Operating Budget. Upon no one speaking in favor of or in opposition, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board set June 10, 1999 at 2:00 p.m. as a work session to further discuss the proposed Operating Budget. The Board 22 .will attempt.to also discuss the Capital Budget, time permitting. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against.. Chairman Spady called for a public hearing on the following: Proposed Lease of Residence. at Fort Boykin County Attorney Crook stated the lease has been advertised -for public hearing, as required by statute, and the County has a proposed tenant under the terms of the lease agreement. Chairman Spady called for persons to speak in favor of or in opposition to the proposed lease. Upon no one speaking in favor or in opposition, Chairman .Spady closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the Fort Boykin lease as presented. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Chairman Spady called for a public .hearing on the following application: The application of Roy W. Justice for a Conditional Use Permit to operate ageneral/convenience store (Pons Country store) at 7458 Mill Swamp Road, Ivor, in Hardy Magisterial District. Chairman Spady called for persons to speak in favor or in opposition to the proposed application. Roy W. Justice stated he recently purchased the property and he would like to reopen .the store as there is not one located within the next fifteen (15) miles. Chairman Spady closed the public hearing and called for comments. from the Board. 1 Supervisor Bradby moved the Boazd approve the application of Roy W. Justice. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the. motion (5-0); none voting against. Chairman Spady called for a public hearing on the following: The application of Franklin Associates, owner and Cannon's Inc., lessee to operate an entertainment business, including a restaurant, 23 8 BOCK ~U ~~.~':' ~~ dancing. and game room at l 323 Carrsville Highway, Franklin, (the old Ames building at the Airway Shopping Center), ir< Windsor Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Mr. Hartley noted that Mr. Cannon contacted his office today to advise that he would not be able to attend the meeting tonight. Charles W. Phelps, Sheriff, spoke in opposition. He stated Mr. Cannon did not appear to have an established plan concerning the operation of the business and he could not supply the names of any acts or groups that would be performing entertainment. He stated he had. contacted Sheriff James Woodly of Brunswick County as a reference who informed him that Mr. Cannon had advertised a dance without benefit of a proper license. Sheriff .Woodly advised that Mr. Cannon -had also applied for a lottery permit which was denied. He stated Chief Norman Hudson of the South. Hill Police Department was not familiar,with Mr. Cannon, as Mr. Cannon had indicated.. Sergeant Telvin of South Hill could only state that he was familiar with Mr. Cannon and that the business he operated had now closed and that he had also operated a business illegally in South Hill as he was utilizing someone else's ABC permit to sell alcoholic beverages, while waiting for approval of his ABC license. Sheriff Phelps also stated he recently spoke with Captain Todd Anderson of the Emporia Police Department. Captain Anderson advised of a recent court ruling and that the Emporia Police Department had acted within the .realm of their duties when taking actions to control situations that were being caused by the individuals attending his business. Sheriff Phelps stated his department does not have sufficient personnel to .handle large crowds of people gathered .for concerts and dances. He stated an establishment of this ..nature would. place undue hardship on his office, as well as require extra funds to pay the deputies for overtime to address the crime and problems this type of establishment would cause. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor .Bradshaw moved the Board deny the application of Franklin Associates. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Chairman .Spady called for a public hearing on the .following application: The application of Paul A. Galloway and Carlton D. O'Neal for a change in zoning classification from G-C, General Commercial to SE, 1 24 ., eoeK~ 18.~~-473 1 Suburban Estate. The site is approximately 2.5 acres of land located at 20041 Brewer's Neck Boulevard, Carrollton, in Newport Magisterial District. The purpose of the application is to provide residential zoning for an existing single family dwelling. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Carlton D. O'Neal stated the plat given to .the Board is not correct in . that he needs 100 feet from the house to the commercial property .line to accommodate the well and the driveway, rather than the 50 feet shown on the survey. Supervisor Claud stated he thought the Board needed a plat that was much clearer so the Board will know what the applicant is planning to do. County Attorney Crook stated the problem is that Mr. O'Neal could get into anon-conforming situation. He stated if the house is ever abandoned, it could not be replaced and Mr. O'Neal wants to keep the residence as a residence and be able to replace it or add to it. Mr. O'Neal. agreed. 1 Mr. Hartley read a letter dated May l0, 1999 from Robert and Romayne Frank in opposition to any rezoning which may adversely affect the long-term plan and value of property in this area. The letter continued that they were upset to find out the Planning Commission did approve this rezoning. For appraisal purposes, this will adversely offset the commercial value of property around the Benns United Methodist Church. The Franks advised they had recently had been associated with a partnership which proposes to add a 24 unit addition to the Econo Lodge. and feel this is .one (1) more hurdle that the County does not need to raise. They see no reason why this single family dwelling can not remain anon-conforming use as the County can always create variances for additions, etc. It is hard on adjoining land owners to create proper buffers and transitions for properties which should one (1) day be commercial. The letter concluded by stating the Board had passed a master plan to direct this area to be general commercial and we hope that your master plan will continue to be followed. Chairman Spady closed the public hearing and called for comments from the .Board. Mr. Hartley noted there is a provision in the Subdivision. Ordinance which allows two (2) lots to be created without. frontage on a public road and potentially there could be three (3) lots on this property. Chairman Spady noted that Mr. O'Neal stated he had no plans to subdivide this land and if such was conditioned, this .would take care of it. . 25 6U~K 1V ''-ri`2~~~ Mr. Hartley stated Mr. O'Neal would have to appear before the Board again before he could subdivide the property. Mr. Hartley stated he believed it would be beneficial to obtain a clearer survey and acreage. Supervisor Cofer moved the Board table consideration of the application of Paul A. Galloway and Carlton D. O'Neal until the Board's June 17, 1999 meeting. Meanwhile, the Director of Planning and Zoning was directed to meet with Mr. O'Neal concerning a clearer plat and discussion of the conditions that can be used on the property. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Chairman Spady .called for a public hearing on the following application.. The application of W. C. and Gayle Sawyer for a change in zoning classification from RAC, Rural Agricultural Conservation to C-SR, Conditional Suburban .Residential. The site is approximately 27.2 acres of land-located on the north side of Brewer's Neck Boulevard (Route 258 & 32) between Norsworthy Drive (Route 670) and Carver Drive (Route 1930) in Newport Magisterial District. The purpose of the application is to create a residential subdivision of no more than. 49 lots. Chairman Spady called for persons to speak in favor of or in opposition to the application. Al Jones,. Attorney representing. Mr. And Mrs. Sawyer, stated Mr. Sawyer selected this propertybecause it is an area identified by the County's Comprehensive Plan for the purpose of developing a residential subdivision. He stated Mr. Sawyer selected the site because there is water coming. to the site. and sewer is already present at the site. He presented County Attorney Crook with recently revised written proffers today which are an attempt to meet the concerns of residents in the area. He stated Mr. Sawyer has increased the lot .size to 15,000 square feet. He stated the right turn off of Route 32, (item 2) has been amended to include a turn lane on Brewer's Neck Boulevard. He .stated minor revisions have been made to Item 5 and Item 6 regarding proper language relative to the water .and sewer systems. He stated Mr. Sawyer is now offering a $2,000 cash proffer. He stated there is the potential to make a two (2) entrance opportunity .for entrance and exit off the secondary road. He stated there are some drainage concerns, but there will not be an increase in drainage as a result of the development than in its natural state. He stated Mr. Sawyer has attempted to meet the concerns of having the turn lane off of Route 32, but VDOT will insure that this is a safe project or VDOT will not allow this to intersect with the road system. 1 1 26 eoc~~ 1S •~ ~~ ~ i ~) 1 1 1 William Rainey, engineer for the applicant, stated an ofd site survey has been ~ accomplished which indicates the water flows between the Nottingham and Ellis properties. He stated a Best Management Practice (BMP) will be done according to State and County standards and no more water will run off, as developed, than in its natural state now. He stated if a bigger .BMP is built, .the water can actually be reduced by 10% to 20% by retaining more water on site and no more flow will go off the site developed than is going off the site now. He stated regarding concerns with egress and ingress, VDOT is willing to accept a cul-de-sac to where all traffic. would have to go to the right and Mr. Sawyer is willing to do whatever the State requires in this regard. He stated regarding the concerns with fire situations, there will be twenty-seven (27) foot wide streets and emergency vehicles normally use seven (7) to nine (9) feet which leaves eighteen (18) feet for ingress and egress to remove residents. He stated he is dealing with the Corps of Engineers regarding the wetlands concerns. William K. Barlow, Attorney representing adjoining landowners and members of the family of the adjoining landowner, stated that an additional residential project like this will harm the adjoining landowners and the citizens of the County. He stated the Planning Commission, at its last meeting after hearing many of the same arguments tonight, unanimously rejected the application. He stated that while there is some court risk to denying the application, he believes that the risk would be minimal. He stated the present zoning is satisfactory based on some sound statutory purposes, i.e., providing adequate convenience of access to reduce or prevent congestion in public streets, to encourage economic development and preserve forest lands and protect the natural environment. He stated the applicant went to a foreclosure and purchased the land as is for $40,000 and now he wants to rezone the property to make a healthy profit that will be at great cost to the taxpayers of the County to have the potential of forty-nine (49) additional residences at this particular location. He stated too many parcels were rezoned in past years and if .houses were built on just the parcels that are now so zoned, the population of the County would greatly increase and real estate taxes would substantially rise. He stated a major local tool to achieve smart growth is for the governing body to be very cautious in granting residential rezoning applications. He stated the cash proffers offered are $2,000 per unit, and many localities are increasing their cash proffers in order to regulate properly. He stated the proposed parcel is very wet and the development will aggravate the drainage problems. He stated there is also a drainage ditch which will be dangerous for children and. the residents. He stated there have also not been any recreational areas proposed. He stated there are also concerns with traffic congestion with residents turning onto Route 32 and endangering school children. Jan Everson of Norfolk and son-in-law of Mrs. Ellis, stated that while the developer has stated he has many substantial changes, he believes the only change was to get below fifty (50) lots so that he does not have to comply with more stricter road and easement standards. He stated the 27 ao~~ 18 ~ht:r476 density is not in keeping with the adjacent lands. He stated the drainage is currently a problem and BMP's are notoriously badly rriaintained. He stated the surrounding land is agricultural and the proposed application does not propose any recreational areas and proper fencing which poses hazards to the children and liability. issues for the Nottingham and Ellis families. Thomas Fenderson of the Newport District stated the project is between the lake and Titus Creek source which drains in both directions. He stated this is a very wet property and is a feeding ground for eagles and other prey which are loosing primary habitat. at an alarming rate along. the James River. He expressed concern with emergency vehicles being able to egress and ingress in the .event of a fire. He expressed concern about problems with increased traffic. He suggested the developer could dedicate (9) and (10)-and provide 100 feet in MBPs to make the project more viable. Pat Clark of Twin Hill .Lane requested the Board be consistent when dealing with all development. He stated the cost of infrastructure to support a residence is $6,800 and- the proposed $2,000 is not adequate to be considered a fair share, as defined in the Comprehensive Plan. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Cofer stated he is not as worried about the rezonings coming before the Board, but the number of properties already rezoned in the County that are waiting to happen. Chairman Spady stated Mr. Sawyer is a good citizen and has a great track record and has done a lot of things for the community. He stated this is a low. piece of property and.. when the Planning Commission- votes unanimously to deny an application he feels he has no choice but to also. vote to deny the application. Chairman Spady moved the Board .deny the application of W. C. and Gayle Sawyer. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud. voting in favor of the motion (5-0); none voting against. Chairman Spady called for a public hearing on the following: The application of Alfred R. Butler Corporation to amend the Comprehensive Land Use Plan of Isle of Wight County to expand the Southern Development Service District to include an area of approximately S00 acres of land. Said property is located on the east and west sides of Colosse Road (Route 641) south of Joyner's Bridge Road (Route 611) in Windsor Magisterial District. 1 28 f 1 1 6onK 1~ .~ Vii? Chairman Spady called for persons to speak in favor of or in opposition to the proposed applicationo Alfred R. Butler, property owner, requested the .Board approve the application. Chairman Spady closed the public hearing and called for comments from the Board Supervisor Bradshaw moved the Board approve the application of Alfred R. Butler Corporation.. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Chairman Spady called for a public hearing on the following ordinance: An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Increase the Minimum Lot Area for Residential Lots. County Attorney Crook. stated the proposed ordinance increases the minimum lot size in the suburban residential district from 10,000 to 15,000 square feet and in the urban residential district from 8,000 to 12,000 square feet to cut down on density. He noted the Planning Commission Subcommittee had studied the ordinance and recommended it to the Planning Commission which in turn unanimously recommended the amendment to the Board Chairman Spady .called for persons to speak in favor of or in opposition to the proposed ordinance. Upon no one appearing, Chairman Spady closed the public hearing and called for comments from the Board 1 Supervisor Cofer moved the Board accept the recommendation of the Planning Commission and adopt the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE. OF ISLE OF WIGHT COUNTY TO INCREASE THE MINIMUM LOT AREA FOR RESIDENTIAL LOTS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that the Zoning Ordinance of Isle of Wight County, Virginia, Section 3900, Schedule of Zoning Regulations, be amended as follows: SECTION 3900 SCHEDULE OF ZONING REGULATIONS 'I i 29 804N 18 ~• :~ ~~~ The~Table in Section 3900 shall be amended as follows: Suburban Residential District (SR) -with public sewer and water Minimum Lot Area =15,000 sq. ft. Minimum Lot Width =100 ft. Minimum Lot Frontage _ 80 ft. Urban Residential (LTR) for single-family detached -with public sewer and water Minimum Lot Area =12,000 sq. ft. Minimum Lot Width = 80 ft. Minimum Lot Frontage = 64 ft. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. Chairman Spady called for a public hearing on the following ordinance: An Ordinance to Amend the Zoning Ordinance of Isle of Wight County. Regarding Requirements of Sight Triangles. Mr. Hartley stated the proposed. ordinance is an attempt to put something in place that. sets a minimal reasonable standard. Chairman Spady called for persons to speak in favor of or in opposition to the proposed ordinance. Chairman Spady closed the public hearing and called .for comments from the Board. Supervisor Bradshaw moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY REGARDING REQUIREMENTS FOR SIGHT TRIANGLES x. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that the Zoning Ordinance of Isle of Wight County, .Virginia, Section 38-10, Sight Triangles, be amended to read as follows: SECTION 3810 SIGHT TRIANGLES . 30 1 A. To promote visibility for pedestrians and the operators of motor vehicles, a .clear sight triangle shall be established at the intersecting right- of-ways of any two streets. The legs of this sight triangle shall be 25 feet in length. They shall begin at the point of intersection of the two street right- of-ways, and shall extend 25 feet along each right-of--way line. The triangle shall be formed by connecting the endpoints of these two lines. B. .Within this sight triangle nothing in excess of 30 inches in height shall be constructed,. placed, or permanently parked. In addition, no vegetative plantings within the triangle shall be allowed to grow to a height of greater than 30 inches. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. // E. Wayne Rountree, P.E., Director of Public Utilities, advised that staff has received a request from the City of Franklin, which is also applying to DEQ to increase their groundwater pumpage. He explained the City's application .also contains the needs of Southampton County and Isle of Wight County. In this regard, does the County want the City of Franklin to continue to include its needs in with the City of Franklin's application? Chairman Spady stated the Board has attempted, unsuccessfully, to negotiate with the City of Franklin for additional water at a reasonable price and because there has been no new information from Franklin. regarding that the County does not want to be included in Franklin's study. Chairman Spady noted that when the Director of Public Utilities either writes or contacts the City of Franklin he should advise them that if they want the County to cooperate,. then the City of Franklin needs to cooperate with the County as well. Chairman Spady stated he would like to receive a formal letter from the City of Franklin before responding further on the matter.. Mr. Rountree presented an amendment to the existing design contract for the elevated. water storage tank and, with the Board's approval, he will have an appropriations resolution on the Consent Agenda at the Board's next meeting. 1 Chairman Spady directed Mr. Rountree to share the contract with the County Attorney and that it be placed on .the Board's Consent Agenda with an appropriation of $180,000 at its meeting on June 3, 1999. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Glaud voting in favor of the motion (5-0); none voting against. County Attorney Crook stated he also has the water tank contract which he approves as to form and recommends the Board authorize the Chairman to sign the contract on behalf of the. County. 31 804K ~C7 •;;~?'~~U Supervisor Bradshaw moved the Board approve the contract and authorize the Chairman to sign the contract on behalf of the County. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting against. ~~ , Supervisor Bradby noted there is a meeting on May. 23, 1999 at Burwell's Bay at 3:00 p.m. /I At 12:10 a.m., Chairman Spady moved the Board adjourn.. The motion was adopted unanimously (5-0). // 1, ~~ ~~.. / +. ~,tk- O. A. Sp ,Chairman _..._ W. Dougl~Ca~key, C 32