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07-20-2000 Regular Meeting80~M 19:x:-320 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTHIETH DAY OF JULY IN THE YEAR TWO THOUSAND PRESENT: Phillip A. Bradshaw, Chairman. Henry H. Bradby, Vice-Chairman Robert C. Claud, Sr. a Stan D. Clark Richard K. MacManus Also Attending:. H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman `Bradshaw called the meeting to order at 6:00 p.m. and delivered the invocation. The Pledge of Allegiance was conducted. // Patrick J. Small, Director of Economic Development, requested the -Board go into .closed session under Section 2.1-344 A of .the Freedom of Information Act concerning the citing of new industry not previously publicly disclosed. Supervisor Claud moved the Board enter closed session for the reason stated. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor MacManus moved. the. Board adopt the following resolution: CERTIFICATION OF CLOSED.MEETING WI~REAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an a~'irmative recorded vote and in accordance with the provisions of the Virginia Freedom. of Information Act; and, WHEREAS, 2.1-344..1 A of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; { 1 f'. F~~~ 1~ r..:~~21 1 .NOW, THEREFORE,: BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only .public business matters lawfully exempted from open meeting requirements by Virginia .law were discussed in the closed meeting. to which .this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. . VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no .Supervisors voting against the motion. // Supervisor Claud moved the Board amend the .order of the .regular agenda in order to consider the .Consent Agenda. The motion was adopted. unanimously (5-0). // Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through C, and asked. if there were any items for removal: A. Property and CasualtyInsurance Coverage Resolution B. Delinquent Real Estate Tax Collection Monthly Report C. June 15, 2000 Regular Meeting Minutes Chairman Bradshaw requested than the June 15, 2000 Continued Budget Work Session Minutes be separated from the June 15, 2000 Regular Meeting Minutes. Supervisor Bradby moved the Board adopt all items of the Consent Agenda.. The. motion. was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and .Claud voting in .favor of the motion (5-0) and no Supervisors voting against the motion. // 2 808M 19 •a.:'~~2 At 7:00 p.m., Supervisor Clark moved: the Board amend the order of the agenda in order to conduct the public hearings.. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for a public hearing on the following: An Ordinance. to Amend Chapter 14, Sewers and Sewage Disposal, Article III, Connection Charges, Section 14-20, to Provide Reduced Connection Fees for Commercial and Industrial as well as Residential and to Add Conditions to Article VI, Building Service Connections for Contracts, New Account Fees and Deposit. County Attorney. Crook .explained that the first part of the amendment is to give the same 1/3 reduction for connection fees for commercial and industrial properties which the County currently has for residential if connection is made within ninety (90) days. He advised the second. part is to add administrative provisions concerning the accounts and the administrative fee currently in the Water Ordinance that is not in the Sewer Ordinance. Chairman Bradshaw .called for persons to -speak in favor of or in opposition to the proposed Ordinance. Chairman .Bradshaw closed the public hearing and called for comments from the Board. Supervisor MacManus noted the second paragraph of the resolution references reduced fees for commercial and industrial and he would suggest adding "existing". Supervisor Claud moved the Board adopt the following Ordinance with a change to reflect "existing" on the second paragraph of the resolution where it refers to fees for commercial and industrial, as suggested by Supervisor MacManus: AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE DISPOSAL,. ARTICLE III, CONNECTION CHARGES, SECTION 14-20, TO DELETE REDUCED CONNECTION FEES FOR DEVELOPER INSTALLED RESIDENTIAL SYSTEMS AND SECTION 14-59, TO DELETE COUNTY PARTICIPATION IN THE- 1000 FEET DEVELOPER INSTALLED EXTENSION TO COUNTY'S EXISTING SYSTEM 3 +~. 9~4A ' 1~J /~i~r323 WHEREAS, the .Board of Supervisors of Isle of Wight .County,. Virginia adopted an Ordinance providing for sewers and sewage disposal as Chapter 14 of the Isle of Wight County Code regarding rates and regulations on January 16, 1997, effective July 1, 1997, and WHEREAS, .the Board of .Supervisors of Isle of Wight County, Virginia deems it to be in the best interest of the citizens of Isle of Wight County to delete the reduced fees .for connection for new development and to require developers to extend the County- system to the proposed developments. NOW, THEREFORE, be it and it is hereby ordained by the Board of Supervisors of Isle of Wight. County, Virginia, that: Chapter 14, Sewers and Sewage Disposal, Article III, Connection Charges, Section 14-20, Charges generally, subparagraphs (b) and (c) be amended to read as follows: (b) When application for service, including payment of fees, for existing single-family residential services is made within ninety (90) .days after receipt of official connection notice, the connection fees due will be reduced to one-third (1 /3) of the amounts in (a); (c) When application for service, including payment of fees,. for single- family residential services is .made for a system installed totally by a developer .and conveyed to the County at no cost, the connection fees due will be reduced to 60% of the amounts in (a); Further, be it and it is hereby ordained by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14, Sewers and Sewage Disposal, Article IX, Sewer Line Extensions and System Improvement, Section 14-59, be amended to read as follows: Sec. 14-59. Same -When required. u New commercial and/or industrial construction.. or development, manufactured home parks, multiple dwellings and all .subdivisions, within Development Service Districts and other specifically designated areas, shall be required to install sewer systems in the development, .and to dedicate the systems to the County. Where the proposed development is less than one thousand (1,000) feet from the County's existing. system, the developer will be required to extend the County's system, in accordance .with the Master Plan to .the proposed development. Where the proposed development is more than one thousand (1,000) feet from. the County's existing system, The developer will be required, at the discretion of the County, to extend the County system, in ,accordance with the Master Plan to the proposed development, or to provide dry sewers and local onsite facilities (i.e. septic tanks, etc.), in compliance with all applicable .regulations, for the development.. If the County system is so extended, the ,County will participate, as mutually agreed upon in advance, in the cost of such 4 ao~~ 19 ~N::~324 extensions in excess of one thousand (1.,000) feet. An agreement between the County and .the developer shall state the improvements required. Requirements of developers for development,. not within Development Service. Districts and other specifically designated areas, regarding the provision of sewer facilities, will be established by, and at the discretion of, the County. The. motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of Elliot Cohen for a change in zoning classification from Conditional NC-R1 to General Commercial, approximately three (3) acres .and .from Conditional NC-Rl to Conditional Urban. Residential, approximately .1.3.5 acres. Said property is located on the west side of Carrollton Boulevard (Route 17) between the. Carrollton Volunteer Fire Station and Ashby Subdivision in Newport Magisterial District. The purpose of the application is for a residential subdivision of no more than 40 condominiums, 16 single family residences and commercial building space, as conditioned. Jonathan W. Hartley, Director of Planning and Zoning,. advised that .the applicant has requested that the Board. refer the application back to the Planning Commission because the application before the .Board is substantially .different than. originally submitted to the Planning Commission. County Attorney Crook advised that when the application was originally submitted to .the Planning Commission it was for multiple housing. and commercial. It has now been changed to residential, multiple housing and commercial and he would recommend it be returned to the Planning Commission as having been substantially changed from the original ' previously considered by the Planning Commission. Supervisor Clark moved the Board send the application .back to :the .Planning Commission for. further review due to substantial changes submitted by the applicant. The motion was adopted :with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of Hilda S. Musick Sikes to amend the condition of Conditional NC-Residential Limited zoning of two (2) parcels of land.. Said parcels are located on the north side of Nike Park Road (Route 669) .east of Jones Creek and west of Waterview Trail in Newport' S Tt 60~~~ 19 ~~:-325 Magisterial District. The amendment will enable the sale of the two (2) parcels to other than family members. Chairman Bradshaw called for persons to speak in favor of or in opposition to the application. Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor. MacManus stated in the past he has. expressed concerns when the Board has approved the splitting off o#' different properties. without proffers to accommodate the impact to the County; however, in this regard, he has spoken to the Commissioner of Revenue .and .since this property was divided in 1988, Ms. Musick has been paying substantially higher taxes and, in essence, has paid the way of the impact fee for these separate properties. Supervisor Clark stated in light of what Mrs. Musick has paid in taxes over the last several years, he could also support the application. Supervisor Bradby moved the Board approve. the application of Hilda- S. Musick.. Sikes. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: The application of Ivy Johnson. Turner Estate and William R. Turner, Jr. and Nancy D. Turner for a change in zoning classification from RAC to Conditional General Commercial approximately 52.4 acres and to Conditional Light Industrial approximately 10.9 acres. Said property is located on the north side of Carrollton Boulevard (Route 17) at the terminus with Brewers Neck Boulevard (Route 32), west of Channell Way (Route 662/663) in Newport Magisterial District. The purpose of the application is for a .retail shopping center and office/warehouse use, as conditioned. Mr. Hartley advised the Board that the applicant had submitted a request yesterday for the Board to defer consideration of this application until the Board's August 17, 2000 meeting.. He submitted a letter to the Board from the applicant containing a set of modified proffered conditions from those contained in .the Board's agenda package. County Attorney Crook .advised the Board that it is not unusual for an applicant to change proffers between the Planning Commission meeting and Board of Supervisors meeting. He noted that frequently this is a result of meeting objections or questions at the Planning Commission meeting. He stated it is only required that proffers be submitted in writing before the public hearing by the Board of Supervisors. 6 9~~A ~V ~n.~r~~V Mr. Hartley stated the following changes were made in'the proffers: Number 9 states a parcel of adequate size will be donated to the County fora public life safety facility and no .monetary compensation. is desired by the developer for the property with the exception of pro-rata share of the cost of the infrastructure and land. development for the donated parcel. The above was stated and proffered as a condition. that .Armada Hoffler would be the developer and the current landowner would not be bound by this proffer.- He continued Number 10 states that in those areas zoned conditional light industrial, the following uses, shall be prohibited: motor vehicle.. repair, motor vehicle body shop, and livestock auction. Chairman Bradshaw called for persons to speak in favor of or in opposition to the application.. Barbara .Robinson of Carrollton questioned the exact location of the proposed .site. Chairman Bradshaw requested Mr. Hartley meet with Ms. Robinson to further discuss .her questions. Grace Keen stated Route 17 identifies that the planning of the past has i not been a priority and urged the Board to view the Route 17 corridor to . better understand why it is necessary to welcome new businesses. to our area to help increase the tax base and with proper planning the County can have a healthy environment and good quality of life. Mike Alexander stated the proposed developer is not for the current needs, but the future needs of this area. He noted that if the future is not as the developer anticipates, then the County will have a potential problem on its hands. Thomas Finderson stated the County. is in need of a more pleasing entrance into this commercial development. He noted the area is a key highway corridor and he urged the Board to negotiate a better scenario for a better entrance. He stated the County is approving projects that have immense impervious. surfaces and is .the County leading itself to serious environmental problems by dumping runoff into the -creek systems. He suggested the Board only approve fifteen (15) areas for this proposed development. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw noted that on page 6 in the agenda, the first paragraph refers to conditions with the wetlands and ponds although they are not written up like conditions. He stated. these should be written as conditions and expanded as to how they will be maintained. 7 ,: 90^n _ 19 .r.::~~27 Mr. Hartley notified the Board that the applicant has agreed to meet all of the improvements stated in the traff c impact study. Supervisor Clark stated he would like to .have the pond and soil issues addressed before voting on the matter. He noted he wanted the proper trees and buffer areas along the Route 17 corridor so that it does not present itself as a strip shopping center. He inquired if there were any conditions that follow the owners of the property such as bonds that can be attached to the property that will apply to a shopping center that has been deserted for a period of :time to force the owners to restore.. the land to its original condition, if the property remains unoccupied for a substantial period of time. County Attorney stated .the. Board could suggest to the. owner and/or. developer that this issue be addressed and make a proposal. Mr. Hartley offered to address Supervisor Clark's issues with the developer. Supervisor MacManus .stated that while he believes there is merit in this project, the .language of the proffers leaves him uneasy because of its Tack of specifics. Chairman Bradshaw stressed that the Board .wants the project to meet or exceed the design standards contained in the County's ordinances due to the location of the property which is at the gateway to the County. Supervisor Clark moved the Board accept the request of the applicant to hold the public hearing at the September 21, 2000 meeting with the applicant responsible for the cost of further public advertisements. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no .Supervisors voting against the. motion. Chairman Bradshaw called for a public hearing on the following: The application of .Windsor Woods, LLC to amend NC-C-R1, - Conditional Residential .Limited Zoning of the Windsor Woods. Subdivision located on the east side. of Courthouse Highway (Route 258) between Five Forks Road (Route 606) and Court Street .(Route 610) in Windsor Magisterial District. The purpose of the request is to increase the number of single family lots in .the subdivision from 78 lots to no more than 1241ots, as conditioned. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. 8 '~ col w eo~h 1~ ~,.,:~328 Wayne Farmer, Attorney with Barlow and Riddick, ~ stated the developer of Windsor Woods has conditioned that sewer will be .installed at .his expense to serve he new lots that are proposed, as well as some of the existing lots. that have not.been developed. He stated the. developer is also proffering a $2,000. per lot cash proffer to be paid at the time the lot is sold. He stated in order to address the concerns of the Town of Windsor, the developer is proffering to comply with the lot dimension requirements and setbacks for the Town of Windsor that all lots will be subject to the same restrictive covenants and comply with the lighting requirements of the Town of Windsor. He stated Lot 87 would- not be used :as a building lot, but set aside as a common area. for the location of a permanent sign or conveyed to the. Town of Windsor. He requested an opportunity later in the meeting to address concerns of citizens speaking in opposition. Supervisor Clark asked if the developer of Windsor Woods has had an opportunity to conduct any meetings with the existing residents of Windsor Woods to address any concerns. Attorney Farmer responded he was .unaware of .any meetings being held to address citizens' concerns. Lt. Colonel Jack Hosely of Windsor Woods stated he is .opposed to the proposed application because the proposal will build an additiona165 single family dwellings on the remaining 39 acres by reducing the size of the lots. He noted most of the residents moved to Windsor. Woods from larger cities which had shorter commutes, closer access to shopping, sidewalks, community pools and recreation areas so that they could get larger lots and trees, less crime and better schools.. He requested the Board not approve the application. Ctinton Osborne of Windsor Way expressed opposition to the increase in traffic. on .Route .258. He noted the highest accident rate in the County occurs on Route 258 at Windsor. He stated the developer is proffering substandard proffers of $2,000 per housing unit. Judith Songer of Windsor Way expressed opposition to the proposed application stating that many of he residents moved from a large area to this area because of its rural character. Inga Johnson of Oreo Court expressed opposition to the proposed application.. She stated she chose to live in Windsor Woods because of the larger lot sizes. She also expressed concern with the safety of children with the increase of traffic, as well as the close proximity to Route 258 and its SSmph speed limit. Michelle Harper of Rohlf Avenue distributed a packet .given to interested homebuyers. She pointed out that when she purchased her home she considered both phase I and II which at that time consisted of larger lots. 9 .: 80~h 1~ ~~;5;~~~ She presented a petition containing 158 signatures who have signed in opposition to the proposed application. She expressed concern with the inadequate storm water drainage on her street. Joseph Owens of Rohlf Avenue stated his family bought a home in Windsor Woods based on a layout represented by the developer that the entranceway would remain the same. He expressed opposition to an additiona160 homes being built because of the size of the lots. Mary Alexander expressed opposition to the proposed application. due to sandy soil and washed out roads from stormwater runoff. Catherine Owens of Rohlf Avenue expressed opposition stating she and her husband built. their home based on information provided from the reality company and the developer of Windsor Woods. .She expressed concern with the increased traffic. She. stated had she been provided with the proposed design of the development she would not have wanted to huild her home there.. She noted a concern with overcrowding of the schools in the area. Ms. Owens read a letter from Holly Saunders of Rohlf Avenue stating her opposition to the planned rezoning of Windsor Woods because of environmental reasons. She. noted that the soil for the proposed site of the new development is not suitable for construction. Cindy Hosely of Windsor Woods expressed opposition to the proposed development.. She noted .her family chose to live in this development because. of its rural character, restful country setting, safety and the large lots offered. She noted the developer has not yet developed an appealing entrance, adequate street lighting, trees -and shrubs, sidewalks and playgrounds; but, now proposes to remove all the trees in the front of the subdivision. 1 Thomas Finderson expressed opposition to the proposed application. He pointed out the ravines on either side of the community,. as well as behind the project. He pointed out the inadequate soil located in the front of the property. He referred to a draft letter from the Southern Area Review Committee to the Chesapeake Bay-Local Assistance Department concerning the. County relative to the six (6) conditions applicable for a finding of consistency with the Chesapeake Bay Act. He referenced the. letter concerning the f rst condition which states the area plans for. the Northern and Central Development Service .Districts shall contain an explicit discussion on the conflict of guiding development to areas of significant physical constraints. He stated one of the primary purposes of the Chesapeake Bay Act regulations is protection of potable water supply. ....Brenda Morgan of Windsor Way read a letter from William Saunders of Rohlf Avenue requesting that the Board protect the quality of life in IO 90~~ 1~ rN7''JC.~O Windsor. Woods by helping the residents keep their tax burdens and municipal costs down and property values up. He noted the proposed rezoning will do neither. Ms. Morgan requested the Board deny the application. She stated the residents of Windsor. Woods have been ied to by the developer who portrayed a different, less crowded lifestyle in the subdivision. Dave Jamison of Windsor Woods stated while he would like to see. new residents in the County, he would prefer not to have this many homes approved in this subdivision. He stated he wants to see the subdivision finished and that the new homes contain the same amount of square footage or larger. Mike .Marshall of Windsor Way stated he bought in Windsor Woods because of -what was proposed in the original .plat. He requested that the project be finished as it was originally proposed. .James Morgan of Windsor Way expressed opposition to the proposed development. He stated he moved from-York County and. selected this development because of its rural character and family-type neighborhood. Attorney Farmer addressed the issue of residents being forced to hook up to the sewer line. He stated there is no intention to take the sewer line to those existing lots that already perk.. He stated. regarding environmental concerns, if the lots are not suitable for building, this issue will be addressed through the appropriate agency. He stated regarding the concern about overcrowding, there -have only been 42 lots developed .since 1997 or 12 a year which is not the kind of growth seen in Virginia Beach and Great Bridge. He stated the proposed lot sizes. are within the lot sizes required by the Zoning Ordinance and the same deed restrictions will apply to the new lots as the existing lots. He stated this type of development benefits the County and it is located in an area that has been designated for residential development and meets the lot sizes set forth by the Zoning Ordinance. Chairman Bradshaw closed .the public hearing and called for comments from the Board. Supervisor. Clark stated the existing residents of Windsor Woods are not able to divide their lots, but the developer is requesting the Board to amend the .subdivision plat so he can do what the existing residents can not do. He noted some of the residents .who spoke tonight stated they relied on the existing subdivision plat when they purchased their property. Supervisor Claud. stated that the .covenants .will remain the same and existing residents will remain on septic tanks. He stated VDOT is also requesting that a trafl•ic impact study at Route 258 at the entrance be made. He expressed a concern with the existing drainage problem which -needs 1 11 .~. eoo~~ 19 ~_::~-~31 addressing by the developer and also in any proposed areas that would go in. He recommended the Board table .action tonight and ask the developer to meet with .the residents of Windsor Woods to see if a compromise. can be reached. Supervisor MacManus stated he would like for the developer to reconsider the amount of its proffers. Chairman Bradshaw stated that he believes in representing the citizens of the County, but he also believes in the process the Board has established and the Board needs to make sure that whatever decision it makes that it send the message to the Planning Commission that this is the reason the Board is doing it. He requested Mr. Hartley inform the Planning Commission of the issues the Board is discussing and that the Board is not overstepping the process, but that additional issues have been raised that need addressing. .Supervisor Claud moved the Board table action for thirty (30) days in order to allow the developer to meet with the residents to determine if there is a compromise that can be worked out. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Chairman Bradshaw called for a public hearing on the following: The application of Isle of .Wight County Department. of Parks & Recreation to hold the "2000 Isle of Wight County Fair" on Thursday, September 14, 2000 through Sunday, September 17, 2000 on 43.9 acres of land adjoining the Courthouse Complex which is located on the west .side of Courthouse Highway (Route 258) in Hardy Magisterial District. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. .Alan S. Nogiec, Director of Parks and Recreation, advised that at the Planning Commission meeting he requested .the modification to include September 9, 2000 due to the rescheduling of the horse show. Chairman Bradshaw closed the public hearing and called. for comments from the Board. Supervisor Claud moved the Board approve. the application of Isle of Wight County Department of Parks and Recreation, to include the September 9, .2000 horse show ,activities. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors .voting against the motion. 12 a { R // Supervisor MacManus moved the Board return to the regular order of the agenda.. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Special Presentations. Debbie J. Sivertson, Administrative Analyst, made a brief visual presentation to the Board on Phase I of the County's new web site. She noted the Internet address for the web site is www.co.isle-of-wiQht va us Chairman Bradshaw requested Ms. Sivertson prepare an appropriate public notice to be advertised in the Tidewater News. He further directed that .she contact the school system .and request that this information be announced in their newsletters. Supervisor Claud suggested that. an announcement could also be placed in the Market Basket.. // Chairman Bradshaw called for Transportation Matters. Mr. Hartley noted that the quarterly meeting with the VDOT District Administrator is scheduled- for July 31, 2000 at 2:00 p.m. He also noted that the issues of the traffic light at New Towne Haven Lane and the drainage issue in the Central Hill .area would be discussed. He advised that, to date, he has not received a response from VDOT on these issues. Mr. Hartley noted that he would be sending a summary listing of all outstanding transportation issues to the Board for its further reference. Supervisor Claud requested that the Board entertain .discussion. at its August 1, 2000 meeting regarding the Route 258 Cypress Connector project and request that Mr. Hartley discuss same at the next Transportation Technical .Committee meeting. to advise that the. Board is discussing this issue and will have a recommendation for them at their next meeting. Supervisor Bradby noted an interest in attending the VDOT quarterly meeting and Mr. Hartley requested he contact his office. to coordinate travel arrangements. Chairman. Bradshaw requested Mr. Hartley develop a list of road issues and projects, to include their status, to be included in each_agenda for the Board's information. // 1 13 ,: BOOM 19 ~„~:'~L~J Chairman Bradshaw called for Citizens Comments. 1 Thomas Finderson spoke regarding the Carrollton Cove application. He noted that 50' is not a proper roadway entrance width, if approved by VDOT. Pat Clark requested that the Board, .during its negotiations with Charter Communications, include a local access channel .for educational programs. He also expressed a desire to hold Planning Commission meetings during the evening hours. Mary Trude made reference to the recent rate increase in her monthly. cable bill and requested the Board get an explanation for the increase. John Springfield requested the County investigate the possibility of spraying for mosquitoes. He further requested .that the County. take appropriate action to request that VDOT not have openings at the James River Bridge during peak travel hours. Supervisor Clark moved the Board direct staff to investigate and bring back to the Board the cost of participation with the Air Force for the spraying of mosquitoes. The motion was .adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against .the motion. Mary Alexander urged the Board to direct staff to make the revisions to the Comprehensive Plan a top priority. She suggested that volunteers could be of help to the Planning Department. Chairman Bradshaw requested the County Administrator to take Ms. Alexander's request into consideration. Nancy Quill addressed the Board on the lack of progress being accomplished with the revisions to the Comprehensive Plana She requested the Board appoint members to the Citizens Advisory Committee who will move forward to get the revisions completed. Mike Alexander commended the Board for its patience tonight in listening to the concerns of those present during the public hearing on the Windsor Woods application. // Chairman Bradshaw called for the Community Development report. A. An application by Mr. Robert Swain for an exception to the Chesapeake Bay Preservation Area Ordinance to allow for the construction of a single family dwelling in the .required fifty foot 14 ao~k 19 ~~::-33~ {50~') Resource Protection Area buffer. Located on Mariner's Circle adjacent to Moon Creek off Mariner's. Pointe Lane in Gatling Pointe Subdivision. Newport Magisterial District. Mr. Hartley referenced a letter submitted by Barlow & Riddick, Attorneys, requesting that the application be returned to the Planning Commission so that it -might consider revisions to Mr. Swain's site plan.. Supervisor Clark .moved the Board accept the letter submitted by William H. Riddick, .III dated July 12, 2000 requesting that the matter be referred back to the Planning Commisison so that it might consider revisions to Mr. Swain's site plan. .The motion was adopted with Supervisors .MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. B. Revised Capital Improvements Program for FY2001-2005 Supervisor MacManus recommended that on Parks and Recreation on the out years 2002/2005 that the $1.5 million be set at $1 million. He - further recommended that under Parks and. Recreation, in the out .years beginning with 2001, that funds in the amount of $50,000 be included for planning purposes. - Supervisor Claud stated he would like to see the Director of Parks and Recreation's. report. as to how this would fit in :with the central park and some of the facilities .there and when that data is received, the Board make. some kind of decision. Supervisor MacManus suggested the Board continue negotiations with the YMCA concerning .the proposal sent to .the County and perhaps including the funds in the Fall if some agreement is worked out. Chairman Bradshaw stated he could not .support placing any funding in the CIP for the YMCA proposal because he has a problem with funding a project that would not be the County's, but rather for an organization for profit when .there are so many other recreational needs which need addressing in the County. Chairman Bradshaw noted to Mr. Hartley that there is no money included in the CIP for the purchase of land for the Carrsville Volunteer Fire Department. Supervisor Claud moved the Board defer action on the CIP until after the closed session matter is discussed by the Board concerning matters of land acquisition. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 15 rc ~~~~ . 19~ .x:::-335 Mr. Hartley distributed a revised agenda for the Virginia Coalition of High Growth Communities meeting .scheduled for August 3-4, 2000. He noted the date of this meeting is also the date of the Board's regularly scheduled day meeting. 1 The Board noted it would need to change its meeting scheduled for August. 3, 2000 at 2:00 to another date. Mr. Hartley advised the Board that he has been notified by the Chesapeake Bay Local Assistance Department that the revisions to the Comprehensive Plan must be complete by March 31, 2001;. otherwise, the matter will be referred to the Attorney General's Office. He noted there are six (6) issues that are being. required by the Chesapeake. Bay Local Assistance Department to be incorporated into the Plan. Mr. Hartley. advised the Board that he anticipates -the revisions to be complete and the revised Comprehensive Plan adopted by January, 2001. Chairman Bradshaw moved that the Board direct .the County Administrator and staff to .meet with the appropriate officials in the Chesapeake Bay Local Assistance Department to obtain a thorough understanding of why the County is not in compliance;. what actions can be taken to bring the County into compliance; and, what the County's alternatives maybe at this point. Following such meeting, a report is to be made to the Board at its August 17, 2000 meeting. The-motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw requested Mr. Hartley to provide the Board with a summary update of the progress of the Comprehensive Plan. // Chairman Bradshaw called for the Public Utilities report. t r d E. .Wayne .Rountree, P.E., Director of Public Utilities, stated the County has received an urgent :need Community Development Block. Grant to study the water infrastructure needs in Zuni, as well as the housing rehabilitation needs as a result of Hurricane Floyd. He stated. Dewberry & Davis has recommended either the total replacement of that utility system at an approximate cost of $330,000 or .the .replacement of the system to include larger diameter pipes that will eventually support fire protection at an approximate cost of $600,000. He stated the potential grant for housing rehabilitation and the replacement of the water system would be a maximum of $700,000. He stated to replace the .water system as it is now and meet the rehabilitation housing needs is anticipated to exceed ~ $700,000 and the Citizens. Management Team is inquiring if the Board is willing to fund any .part of the rehabilitation .project with local. dollars. He stated staffs 16 BOQN 19 ~a~:'•1~6 recommendation is that the County not make any commitment of funding for this system. Supervisor Claud moved, that for any design completed- for the replacement. of the water system, that the size. of the line be increased so that fire protection can be offered at a future time; however, that no .additional local funds be committed to this infrastructure .project.. The .motion was- adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud ' voting in favor of the motion (5-0) and no Supervisors voting against the motion, Chairman Bradshaw recommended that the County Administrator contact Edna. King to see if additional financial support can be obtained through regional funds with Isle of Wight/Franklin/Southampton Flood Relief Fund. // Chairman Bradshaw called for the Economic Development report. Patrick. J. Small, Director of Economic Development, presented.. a Resolution to Amend the Terms of Appointment for the Members of the Isle of Wight County Industrial Development Authority for .the Board's consideration. Supervisor MacManus moved .the Board adopt the following. resolution: RESOLUTION TO AMEND THE TERMS OF APPOINTMENT FOR THE MEMBERS OF THE ISLE OF WIGHT COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the terms. of the members of the Isle of Wight County Industrial. Development. Authority need to be amended to reflect staggered terms ending on the last calendar day in the month of April in the respective -years of expiration. NQW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia amend the terms of appoint for the members of the Isle of Wight County Industrial Development Authority to reflect the following schedule of expiration: Carl M. Beale, Jr. April 30, 2001 Ronald H. Pack April 30, 2001 Willie J. Edwards April 30, 2002 Carroll E. Keen, Jr. Apri130, 2002 Richard J. Holland, Jr. Apri130, 2003 17 f; BOQK 1~ ~;,:~'337 Betty Alphin April 30, 2004 Carson Whitley April 30, 2004 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Administrator's report. Donald T. Robertson, Assistant County Administrator, Director of Human Resources, presented a Resolution to Accept and Appropriate Grant Funding From the Virginia Department of Criminal Justice Services. Supervisor Claud moved the Board adopt the following resolution and that the local match of $12,500 be taken from the contingency fund: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDING FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Virginia Department of Criminal justice Services has approved the Isle of Wight County application for grant funding for an After-School Academic Enrichment Program; and, WHEREAS, the Board of Supervisors needs to accept and appropriate grant funds in the amount of seventeen thousand six hundred fifty dollars ($17,650). from the Virginia Department of Criminal Justice Services to the FY2000-01 operating budget of 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-accept and appropriate grant funds in the amount of seventeen thousand six hundred fifty dollars ($17,650) from the Virginia Department of Criminal Justice Services to the appropriate line item in the FY2000-01 .operating budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate adjustments to the operating budget andto do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of .the motion (5-0) and no .Supervisors voting. against the motion. Richard O. Childress,. Director of Emergency Management, distributed a copy of an Action-List Regarding Recommendations from the Report on l8 Lessons Learned from Hurricane Floyd. He also reported that the Fire and Rescue Association had met and presented its CIP figures. He further noted the next Association meeting is scheduled for August 1, 2000 at 7:00 p.m. in the Demonstration Room. County Administrator Casket' stated staff had previously drafted a Capital Improvement Projects Policy which was forwarded. to the Board by mail. Chairman Bradshaw requested that the draft be included in the August 1, 2000 agenda for consideration by the Board. Ludford T. Creef, III, Director of Public Works presented a request for . staffing within his department in the area of trash collection. Supervisor MacManus moved the Board authorize the redirection of overtime funding for the Public Works. Department to part-time salaries for the purpose of refuse disposal. on weekends. The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' noted that he would be seeking suggestions from his Department Heads .relative to the status of action items being incorporated in some appropriate manner into the Action List. County Administrator Casket' distributed a letter from the Director of .Social Services notifying the Board that funding is being returned to the County in the total amount of $ l 54,000. Chairman Bradshaw requested the County Administrator send a letter to Ms. Bean from the Board recognizing her efforts for keeping costs down and acquiring additional funding.. County Administrator Casket' reminded the Board of the Joint Legislative Audit and Review Commission meeting scheduled locally for July 31, 2000 at Princess Anne High School in Virginia Beach. Chairman Bradshaw referenced a letter from the Mayors and Chairs Caucus regarding its position. on Standards of Quality in Education.: // Chairman Bradshaw called for the County Attorney's report. .County Attorney Crook stated he has corresponded with the .individual Board members and provided them with a copy of the State statute regarding penalties under the Chesapeake Bay Act and he is asking authority from the 19 Board to prepare an amendment to the Chesapeake Bay Preservation Area Ordinance to increase. the penalties from-$1,000 maximum per day to $5,000 per day with a civil penalty of $10,000 for each violation. He continued Supervisor Clark prompted an inquiry .about making the property available for inspection and he proposes an amendment which he forwarded to the Board to add to the Chesapeake Bay Area .Ordinance enforcement provisions which gives the Zoning Administrator or his designee, .Planning Commission members, Board of Supervisors members, including other members designated by the Board, to have authority to conduct inspections and surveys upon the property. Supervisor Clark moved the Board authorize the County Attorney to advertise a public hearing on both amendments. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors. voting against the motion. County Attorney Crook distributed a copy of an inquiry and follow-up complaint he received concerning the telecommunications services tax for the Board's information. County Attorney Crook stated the direction of the Board. concerning the Planning Commission meeting at night was discussed by the Commission and many of the Commission members expressed their desire to continue to meet in the daytime. He stated the Planning Commission did authorize him to prepare an amendment to its bylaws concerning changing the meeting time from daytime to evening, which he has prepared and intends to bring back to the Commission's meeting on August 8, 2000. He stated the Commission's bylaws require any change be in writing 30 days prior to acting on it to amend the bylaws so~the actual vote on this would be at the Commission's September meeting. Supervisor Claud directed the County Attorney to request the Planning Commission not to take any .action regarding. the matter of its meeting schedule until the Board has had an opportunity to meet with the Commission.. County Attorney Crook reported that he is not prepared to make a report on the consensus of Planning Commissson, Board of Zoning Appeals and Industrial Development Authority members being required to fill out Statements of Economic Interest. He noted that while most members do not have a problem with filing information regarding their real estate interests, they do have a misunderstanding on what is required to be filled out on their personal interests.. He advised he would follow-up with a definition from the Code of Virginia on what personal interests include. Regarding .the issue of Yellow Rock Road, County Attorney Crook reported that he has. completed a title derivation on the road which came from the Vellines estate and also the derivation on Hideway -Lane. He 20 BOLA ~~ ,::;~~~~ advised he has requested deeds for the lots that are on the road so that he can be certain the lots are conveyed up to the road with an easement to include the road. Regarding the matter of the meeting. with Charter Communications, Chairman Bradshaw moved the Board direct the Committee (Clark, Caskey, Crook) to meet with Charter Communications and come to terms on an agreement not less than. the terms of its agreement with. the City. of SuB'olk. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud requested that during such meeting the committee find out how many customers Charter has in the County, broken .down by Franklin, Windsor and Smithfield and what is the plan to serve those with the rebuild? County Attorney Crook noted he had several matters for closed session later in the meeting. // Chairman Bradshaw called for Old Business. Supervisor Clark voted `lea" on the Resolution of Certification .from the Board's July 6, 2000 regular. meeting that only those matters discussed while he was present were discussed in closed session. Upon. inquiry from Supervisor MacManus, County Attorney Crook informed the Board. that the .meeting concerning the Windsor sewer project overruns. has not yet taken place. Upon inquiry from Supervisor MacManus, Mr. Hartley noted he would bring the matter of the Flood Map Ordinance before the Board concerning a grandfathering clause to address new maps for existing businesses. Upon inquiry from Supervisor MacManus, Mr. Hartley noted he would provide the Board with a report on the HutchinslHart violations to the Chesapeake Bay Preservation Area Ordinance at its August 1, 2000 meeting. Upon .inquiry from Supervisor MacManus, County Attorney Crook .advised he would have the Guidelines for Citizens Comments for the Board's. consideration at its August 1, 2000 meeting. // ..Chairman Bradshaw called for New Business. ~. D 1 21 .: eo~R 19 ., :~ `3~1 County Administrator Caskey asked for the Board's. consideration of a date that the. Board and Planning .Commission could hold a work session. Chairman Bradshaw requested the following items be considered for discussion in a joint work session between the Planning Commission and the Board of Supervisors: Comprehensive Plan Update (growth management issues) Chesapeake Bay Act. proffers and impact fees CIP . .public comment during Planning Commission meetings Planning Commission meeting schedule Chairman Bradshaw directed the County Administrator coordinate a meeting between the two (2) bodies. The Board noted 8/29, 8/30 and 8/3l as available meeting dates. Chairman Bradshaw .moved the Board move its regular scheduled meeting from August 3, 2000 to August 1, 2000 at 2:00 p.m. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud stated with the merger of GTE and Bell Atlantic, there would be changes in some of the local calling .areas. Supervisor Claud moved the Board reactivate the appropriate Communications Committee to set up a meeting with GTE representatives to review what the local calling. area will be and try to enhance it, if necessary. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion. County Administrator Caskey distributed a memo from Sheriff Phelps responding to a suggestion by Supervisor Clark that the Sheriff provide the .Board with a monthly report of criminal activities within his department. Supervisor Clark requested the Sheriff provide his monthly report on criminal activity directly to the County Administrator for distribution to the Board. Supervisor Clark presented a request from. Grace Keen, on behalf of the Isle of Wight Citizens Association, for the waiver of the rental fee for the Association to utilize a building at Nike Park. Supervisor Clark moved the Board refer the request of Grace Keen for a waiver of a building fee to the County Administrator for further review. Mr. Nogiec is to provide the County Administrator with a report on what 22 eo~K 19 rN~~3~2 fees .the Board has waived in the. past. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of themotion (5-0) and no Supervisors voting against the motion. Supervisor Clark requested Mr. Robertson to see that. appropriate compensation is .provided to the Transportation Safety. Committee members who may not have been properly compensated for their attendance at prior meetings. Chairman Bradshaw moved the Board direct the County Administrator to contact the School Superintendent to set a joint meeting in September or October between the two (2) bodies to discuss. the Capital. Improvements Plan, the financial condition, consolidation of services and building administration projects. The motion was adopted with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting in favor. of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw moved the Board. direct the County Administrator to meet with VDOT and discuss- design and construction issues of the Blackwater River Bridge, (Route 58 Business). The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for Appointments Chairman Bradshaw. moved the Board delete Item #3, Southeastern Job Training Agency, from the Appointments List.. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Lud L, Spivey to fill the unexpired term of William L. Jones as the Town of Windsor's representative on the Economic Development Committee. The motion was. adopted with Supervisors. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // County Attorney Crook requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning three (3) matters involving property acquisition for consultation with staff and the Board and . under Section 2.1-344 A7 concerning legal matter requiring consultation of counsel and under Section 2.1-344 A7 concerning potential/actual litigation. Chairman Bradshaw requested a closed session under Section 2.1-344 Al of the Freedom of Information Act concerning two (2) personnel matters. 23 .•. ea~K ~ 19 .~ ;~ ~~{3 Mr. Small requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning two (2) matters concerning acquisition of property and under Section 2.1-344 AS concerning prospective businesses. Supervisor Claud requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning three (3) acquisition of property matters. Supervisor. Bradby moved the Board enter closed session for the reasons stated. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting. against the motion. Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an a~rrnative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, 1 ,I WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification a by this Board of Supervisors 'that such closed meeting .was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters. lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed .meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 1 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no y Supervisors voting against the motion. 24 f { Supervisor MacManus moved the Board authorize the agreement. for the right-of--way. on the Yeoman tract for $2,500 to be prepared by the County Attorney and executed with the funds to come from the utility account. The motion was adopted with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. Supervisor: )~~~acManus moved the Board request the County Attorney to proceed with an option on the property as discussed in closed session for an option through November 5, -2000 at the cost specified in closed session. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting, against_the motion. Supervisor Claud moved the Board defer action on the CIP policy for capital outlays for emergency response equipment until August I, 2000. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Claud moved .the Board authorize staff to advertise the Capital Budget for. FY2000-2001 for the Board's August 17, 2000 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw moved the Board adjust the County Administrator's salary line item in the budget to add $3,500, effective July 1, 2000. The funds should be taken from the. Contingency .Account. The motion was adopted with Supervisors. MacManus, Bradby, Bradshaw, Clark. and Claud voting. in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved the Board authorize the County Attorney to respond to the claim discussed in closed session. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. .~ Supervisor MacManus moved the Board authorize the Economic Development Director to proceed with qualifying a tract of land discussed in closed session. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in :favor of the'motion (5-0)-and no Supervisors voting against the motion.. N 1 1 1 rt • _, .BOOK ~9. ~,::'•,~5 At 1:05 a.m., .Supervisor Bradby moved the Board adjourn. The motion was adopted unanimously (5-0). hil ' A. Bradshaw, Chairman z 4 i } t t qq t