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02-21-2002 Regular Meeting~J qf~~e [.~ '.:'..EU REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY `OF FEBRUARY IN THE YEAR TWO THOUSAND AND TWO PRESENT: Robert. C. Claud, Sr., Chairman Richard K. MacManus, Vice Chairman Stan D. Clark Phil-lip A. Bradshaw .Henry H. Bradby Also Attending: Dale Phelps, Assistant County Attorney ' W. Douglas Caskey, County Administrator Donald T. Robertson, .Assistant County AdministratorlDirector of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 6:00. p.m. and delivered the invocation. The Pledge of Allegiance was conducted. // Chairman Claud called for Special Presentations. Chairman Claud recognized G. W. White, Jr. and presented him with a Resolution to Recognize G. W. "Buddy" White, Jr. for His Years of Service ` as the Board of Supervisors' Tie Breaker. Supervisor Clark moved the Board .adopt the following resolution: RESOLUTION TO RECOGNIZE G: W. "Buddy" WHITE -FOR HIS YEARS OF .SERVICE AS THE BOARD OF SUPERVISORS' TIE BREAKER WHEREAS, Mr. G. -W. `Buddy" White is a citizen of the County. of Isle of Wight, Virginia; and, - WHEREAS, Mr. White has served the County of Isle of Wight, Virginia in the capacity of tie breaker for the Board of Supervisors since January, 1992; and, WHEREAS, the Board of Supervisors appreciates Mr. White's contributions to the quality of life of the citizens of Isle of Wight County; .and,. 1 au~~ 2~l ~, : X60 WHEREAS, the Board of Supervisors desires to recognize+Mr. White for ten (10) years of service as the designated tie. breaker for the Board of Supervisors. NOW, THERFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight recognizes and appreciates Mr. G. W. "Buddy" White for ten (10) years of service as the designated tie breaker for the Board of Supervisors. The resolution 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 Claud indicated the _following Consent Agenda included Items 2, A through C, and asked if there were any items for removal A. Town of Windsor Request for Installation of "Children at Play" Signs B. Delinquent Real Estate Tax Collection Monthly Report. C. January l7, 2002 Regular Meeting Minutes Supervisor Bradshaw moved the Board approve all items and adopt the Consent Agenda. The. Consent Agenda 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 Claud called for Transportation Matters. Jay. Randolph, Planner, advised that the next quarterly meeting with VDOT is scheduled for March 4, 2002 at 1:30 p.m. He requested .Board. members to advise him of their individual concerns. Mr. Randolph presented a copy of the .Secondary Construction Allocations, illustrative 2002 Comparison to Previous Six Year Program - 2001 showing the proposed reduction in the secondary allocations for Isle of Wight County .for the Board's information. He noted, as additional. ..:information becomes available, he will advise the Board. Mr. Randolph referred to the status report contained in the agenda on current road and highway projects. Supervisor MacManus requested that King's ,Cove Way be included as a status update regarding VDOT's determination on this issue. 2 1 1 1 ?~~~,,, 2~l -;-~61 J Supervisor Bradshaw stated the .Route 58 Business speed limit: signs have been posted.. Supervisor Bradshaw inquired if Pruden Road has been advertised: Mr. Randolph stated Pruden Road has not yet been .advertised and is addressed under the reduction in secondary allocations by VDOT. He would consult -with the VDOT Resident Engineer as funds. for this project have already. been allocated to be spent and .report back to the Board on his findings. Supervisor. Bradby requested the status of the shoulder on Route 10 at Wells-KingRoad. Mr. Randolph stated the shoulder was repaired by VDOT on February 12, 2002; Chairman Claud requested. clarification on the work to be done on Blue Ridge Trail which is shown to be undertaken in 2003, but should be undertaken in 2002. Mr. Randolph stated he would consult with the VDOT Resident Engineer and report back to the Board. Chairman Claud requested that a meeting with citizens be scheduled on Muddy Cross Road and that he be notified of the meeting date so that he can attend. Chairman Claud requested the status of South Johnson Road.. Mr. Randolph stated he would consult with the VDOT Resident Engineer and report back to the Board on the construction start date. Supervisor Bradshaw requested that staff notify VDOT that the Board desires Duck Town Road and Whispering Pines Trail to be pave in place. Supervisor Bradshaw inquired the status of Dukes Lane. Mr. Randolph stated staff is awaiting a response from Verizon. Supervisor Clark requested that Carrollton. be iricluded on #6, Lights at Emergency Facilities {Primary Road Projects) in addition to Windsor and Rushmere. Richard Cassell of Kings Cove Way requested the drainage be addressed that is flowing from the pipe located under Route 17 between the RacTrack and South of the James. Supervisor Clark moved the Board direct the County Administrator to have the appropriate staff person contact the three (3) Cassell homeowners. 3 i • and any others that may be affected by stormwater flooding in~ this -area to determine. if there is a pending problem with the pipe when excessive water- and flooding conditions exist and what can be done to correct any such. problems. 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 Claud called for Citizens Comments. Grace Keen ofCarrollton expressed concern with the Founders Pointe entrance and exit on Sugar. Hill Road and the sharp curve that. is located in its close proximity. She stated certain citizens have relayed their .desire to her for the developer to change the entrance- closer to Newbill Lane. Pat Clark of Twin Hill Lane reported that Mr. Little has advised that. the approval process has been secured to return the David Blaney baby at the older section of Saint Lukes and that he is working with the Historical Society to have a memorial service. Mr. Clark conveyed to the Board, on behalf of Tom Finderson, that in his opinion, the VDOT Resident Engineer ..shared the citizens' views that the curve addressed previously by Mrs. Keen is an unsafe curve and that the right-of--way is insufficient to satisfy some of the particular needs. Richard Cassell of Kings Cove Way requested -that-.the turn lanes be addressed leading into King's Cove. Lane from Route 17. Sharon Hart of Carrollton requested that the developer of Founders' Pointe be required to move the entrance to where Toler Construction Company. is located. She noted there have already been numerous accidents at this roadway which will be even more dangerous when motorists begin meeting heavy construction equipment. // .. Chairman Claud called for the County Administrator's report. County Administrator Caskey referred to a Resolution to Recognize James C. Cleveland for his Years of Service with the Virginia Department of Transportation contained in the agenda for the Board's consideration. He .advised that a reception would be -held in Mr. Cleveland's honor on February 25, 2002. .Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE JAMES. C. CLEVELAND { I' .~ 4 ... 1 -~ _, C ~. ao~~. 2tl ~%-:~5~3 FOR HIS YEARS OF SERVICEWITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION 1 1 1 WHEREAS, Mr. James C. Cleveland has been... employed with the Virginia Department of Transportation for 41 years, 4 months; and, WHEREAS, Mr. Cleveland served as Suffolk District.Construction Engineer from 1982 until 1995; and, WHEREAS, subsequently Mr. Cleveland ..served as the Hampton Roads (formerly Suffolk) District Administrator from 1995 until 2002; and, WHEREAS, the quality of life of the citizens of Isle of Wight County has been significantly improved by the transportation enhancement implemented under Mr. Cleveland's leadership; and, WHEREAS, Mr. Cleveland has recently tendered. his resignation. NOW, THERFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle. of Wight recognizes and congratulates Mr. James C. Cleveland upon his retirement .from public service with VDOT after 41 years, 4 months. The resolution 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' referred to a Resolution Authorizing the Hampton Roads Partnership to Carry Out the Provisions of the Regional Competitiveness Program (RCP) and Approving the Fund Distribution Methodology Proposed by the Partnership contained in the Board's agenda for its consideration. Supervisor Bradby moved the Board adopt the following resolution: PARTNERSHIP TO CARRY OUT THE. PROVISIONS OF THE REGIONAL COMPETITIVENESS PROGRAM (RCP) AND APPROVING THE FUND DISTRIBUTION METHODOLOGY. PROPOSED BY THE PARTNERSHIP WHEREAS, in .1996,. the Virginia General Assembly adopted the Regional Competitiveness -Act (The "Act"), Chapter. 26.3 of Title 15.1 (§ 15.1-1227.1 through § 15.1-1227.5) of the Code of Virginia, 1950, as amended, to encourage counties, cities, and towns to work together for their mutual benefit, and that of the Commonwealth of Virginia; and, WHEREAS, to encourage. regional: strategic planning and cooperation, The Act establishes an incentive fund administered by the Virginia 5 B04n ~~ r~~ U~4 Department of Housing and. Community Development (VDHCD) to be used to encourage and reward regional strategic economic development planning and joint activities; and, WHEREAS, The Act provides a monetary incentive, which totals Ten ...Million, Two-Hundred Sixty-Seven Thousand, Two Hundred Dollars ($10,267,200) in 2002, for .distribution among the State's regions for. communities to undertake new levels of regional activity to address obstacles to economic competitiveness, by granting funds for five (5) years in accord with VDHCD standards adopted pursuant to the .RCP; and, WHEREAS, incentive funds will be disbursed to eligible regions in an amount equal to the percentage of the funds appropriated in incentive payments for a fiscal year that represents the region's percentage of the total ...population of all eligible regions with a minimum of $300,000 (FY2002); ..and, . WHEREAS, the. Hampton Roads Partnership (the "Partnership") is a Virginia non-profit, :non-stock corporation comprised of leading representatives from .the public, business, education, and military communities whose mission is to enhance regional cooperation and `improve ,.economic competitiveness in the Hampton Roads Region (the "Region") which Region includes the Cities of Chesapeake, Franklin, Hampton, ..Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and the. Counties of Gloucester, isle of Wight,. James City, Southampton, Surry and York; and, WHEREAS, the Partnership revised its strategic. plan in 1.999, and further modified that plan in 2001 and as such has a clear strategic road map ..for improving the economic competitiveness of the Hampton Roads Region; and, WHEREAS,. a copy of the Modified Strategic Plan is attached hereto as Exhibit A to be read as a part hereof; and, WHEREAS, the Partnership, in close cooperation with the Hampton ..Roads .Planning District Commission, will take responsibility for submitting the Region's re-qualification application for incentive funding under the RCP and for seeing that the Plan's joint activities are enacted; and, WHEREAS,, in recognition of the Partnership's .role in implementing the Plan's joint activities, the distribution of all RCP funds received by the Region sine the inception of the program have gone directly to the Partnership ("distribution methodology"); and, WHEREAS, prior to completing the application process, the RCP guidelines require that each municipality designate by .resolution, approval of the Region's RCP incentive funds.distribution methodology; and, 1 1 1 6 J 1 i 90~~ 2f) ,-~~65 WHEREAS, the Board of Supervisors. of Isle of Wight County, Virginia has reviewed the RCP and supports the Partnership's efforts to carryout the provisions of the RCP and apply for monetary incentives on its behalf. NOW, THERFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight that on behalf of the County of Isle of Wight, , .:Virginia: 1. It recognizes the Hampton Roads Region as a region contemplated by the Act,. and declares itself to be a member of, and a participant in, the Hampton Roads Region; 2. Supports the Partnership's efforts to carry out the provisions of the RCP and apply for monetary incentives on its. behalf; and, 3. Approves. the RCP fund distribution methodology, and authorizes the Partnership to receive, on its behalf, all. incentive funding for the five (5) year qualification period beginning in the, 2003 fiscal year. The resolution 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 copy of the VACo Newsletter and noted there are several bad land use bills pending and there will be ameeting-important to local governments on February 26, 2002. // Chairman Claud called for the County Attorney's report. .Assistant County Attorney Phelps stated that the last correspondence with the Habitat for Humanity representative reflects that there should be a new survey and the question is whether or not Habitat for Humanity is willing to pay for such survey. County .Administrator Caskey stated Habitat for.. Humanity had a percolation test performed, .however, the County Attorney may be advising that a completeboundary survey of the. entire property be performed. Jonathan W. Hartley, Director of Planning and Zoning, reported that staff did hire a surveyor to stake the boundary line so that Jane March with Habitat for Humanity could have::. the property's percolation tested.. He stated the County Attorney is now inquiring if Mrs. March is willing to .pay to have the entire property surveyed for purposes of conveyance. 7 904h 2tl ~~~~~6 Chairman Claud inquired if .there might some part of the sixteen (16) acres parcel that could generate revenue for the County while still meeting the needs of Habitat for Humanity. Supervisor MacManus moved the Baard direct staff" and the .County Attorney to work with representatives. of Habitat for Humanity to determine what kind of acreage needs they have and whether the .percolation test will support their needs for the property and to deal with the current encroachment by the adjoining property owner and advise the Board on their recommendation. The resolution 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 Claud called for Old Business. Founders' Pointe Master Plan and Development and Design Standards (Tabled February 7,.2002) Mr. Hartley stated contained in the Board's"agenda is a status report of a number of outstanding issues from the Board's discussion in October, 2001 that. have been addressed.. He stated there were three (3) issues remaining on the development and design guidelines from discussions at the Board's February 7, 2002 meeting. He stated the County Attorney, Mr. Lawson, Mr. Vincent and he met last week to discuss the final revisions which were forwarded to the Board. He stated that while he is not sure if -the County Attorney has reviewed the revisions, they do reflect the changes discussed at that meeting and which the County Attorney did not have a problem with at that time. He stated staff raised concern with the changes in the language to the bonding of the light and recommends that a :bond be provided no later than reco~ dation of the final phase of the development. He stated staff further. had a concern with the language .concerning the Conditional Use Permit and recommends that all language in reference to the Conditional Use Permit which would be required for recreational facilities be deleted:.. He stated previously, maintenance was to be the responsibility, of the homeowners association and Mr. Lawson is requesting that it be changed to "maintenance shall not be the responsibility of the County." Supervisor MacManus noted that "Association" should also be deleted. Mr. Hartley clarified that since the January 29th letter about the traffic impact study,. there have been no changes in the design of the project. He stated there is no .reason for VDOT to provide additional. information as ~ what has been debated .over the last year has been the phasing of those '~ improvements. He further clarified that this is a master plan which is the 8 1 1 1 .. basic .guide for thedeveloper to then proceed and prepare detailed construction plans. which have to be reviewed by the County and VDOT before they are approved. Noting that Mr. Vincent was not yet .present, Supervisor Bradshaw moved the Board table consideration of the matter until- after the Board .conducts its public hearings. 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 Claud called for New Business. There was no new business offered for discussion by the Board. // - Chairman Claud called for Appointments. Supervisor MacManus moved the Board appoint Peter M. Stephenson- to the Beautification Committee representing the Smithfield District. The . motion was adopted unanimously (5-0). Chairman Claud moved the Board appoint Sue Crocker to the Beautification Committee representing. the Windsor District. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board appoint Nancy Guill to .the Beautification Committee representing the Newport District. The motion was adopted unanimously (5-0): Supervisor Bradshaw.moved the Board approve the recommendations for the Fair Committee. The. motion was adopted unanimously (5-0). // Supervisor Bradshaw moved the .Board take a fifteen minute recess: prior to conducting the public hearings. The motion was. adopted unanimously (5-0). // At 7:00 p.m., Chairman Claud called for Public Hearings. Chairman Claud called fora public hearing on the following:.. 9 The application of Marion, L. Elliott. to amend Conditional Light Industrial zoning. to include Conditional General Commercial and to rezone _ approximately .5 acre to Conditional Light Industrial and .Conditional General Commercial. Said land is located omthe east side. of Turner Drive (Route 644) north of Muddy Cross Drive (Route 620) in Newport Magisterial District (adjacent to 15377 Turner Drive, Smithfield). The purpose of the application is for vehicle repair and to be able to retain an automobile dealer's license, as conditioned. Chairman .Claud called for persons to speak in favor of or in opposition to the proposed application. ..Marion L. Elliott stated he has been operating the body shop for three (3) years. at this .location. He stated the purpose of the application is to increase the profitability so thathe can buy.the cars he works on at auctions: He stated he is at a disadvantage. because he can not resell at auctions. No one appeared in opposition. County Administrator Caskey distributed a copy of a letter from Clyde Miller to the Board withdrawing his prior opposition to this application. Chairman Claud closed the public hearing .and called for comments from. the Board. Chairman Claud moved the Board approve the application of Marion L. Elliott, as .conditioned. 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 Claud called for a public hearing on the following: The application of Michael D. and William T. Luter for a change in zoning classification from RAC to Conditional Rural Residential, approximately four (4) .acres of land located on the north west side of Buckhorn Drive (Route6T0) in Windsor Magisterial District (adjacent to 27466 Buckhorn Drive, Windsor). The purpose of the application is to create two (2) single family residential lots, as conditioned. Chairman Claud .called for persons to speak in favor of or in opposition to the proposed application. Michael D. Luter, speaking on behalf of himself and his brother, William T: Luter, requested the Board's approval of his request for rezoning of the two (2) lots, each .containing- two (2) acres: He stated a $2,000 .cash proffer is also offered per lot. No one spoke in opposition. 10 r 1 1 Chairman Claud?~closed the public hearing and called for comments from the Board. Supervisor Clark noted that a $2,000 cash proffer per lot is not sufficient in his opinion. Supervisor Bradshaw moved the Board approve, the application of Michael D. -and William T. Lutes, as conditioned. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion (4-1) and Supervisor Clark voting against the motion. Chairman Claud called. for a public hearing on thefollowng: The applications of Charles R. Whitley and Leland E. Beale, Jr. owners and Barbara C, Long, prospective .owner, for a change in zoning classification from RAC to Conditional Rural Residential, a total of approximately 3.5 acres of land located on the north side of Joyner's Bride Road (Route 61.1) and south side of Lawrence Drive (Route 630) in Windsor Magisterial District. The. purpose of the application is for asingle-family residential lot, as conditioned. Chairman Claud called for persons to speak in favor or in opposition to the application. Gene Capps of Carrsville requested the Board approve the application. He stated his sister is desirous of building a single family residence at this location. He stated a proffer is offered of $2,000 with no further subdivision of the property. No one spoke in opposition. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark noted than a $2,000 cash. proffer is not sufficient in his opinion. Supervisor Bradshaw moved the Board approve the applications. of Charles R. Whitley and Leland E. Beale, Jr., as conditioned..: The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion (4-1) .and .Supervisor Clark voting against" the motion. Chairman Claud called. for a public hearing. on the following: An Ordinance to Add Chapter 18, Zoning, Section 18.1 Planning and Zoning Applications,. Permits and Administrative Fees. 11- 80QK 2;1 ;:: V7t1 Chairman .Claud called. for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared in opposition. Chairman Claud closed .the public hearing and called for comments ...from the Board. Chairman Claud and .Supervisor MacManus 'recommended that the Chesapeake Bay Waiver Fee be set at $750 and that the Surety Administration Fee for new fees be set at $250 and $500 for renewals. Supervisor MacManus moved the Board adopt the following Ordinance with an amendment to set the Chesapeake Bay Waiver Fee at $750 and. the Surety Administration Fee to be set at $250 for .new and $500 for renewals, to be implemented immediately: AN ORDINANCE TO ADD TO THE ISLE OF WIGHT. COUNTY CHAPTER 18, ZONING, SECTION 18-1. PLANNING AND ZONING APPLICATIONS, PERMITS AND ADMINISTRATIVE FEES ~. WHEREAS, Section 15.2-2241 of the Code of Virginia, 1950, as amended, provides for the local administration and enforcement of Subdivision Ordinances, the imposition. of reasonable fees and charges for the review of plats and plans, and for the inspection of facilities in an amount commensurate with the services rendered taking into consideration time, .skill, and administrator's'' expense involved; and WHEREAS, Section 15.2-22.86 of the Code of Virginia, 1950, as amended, provides for the local enforcement of Zoning Ordinances and the collection of fees to cover the costs of making inspections, issuing permits, advertising of notices and other expenses incident to the administration. of the Zoning Ordinance or to the filing or processing ofany appeal or amendment thereto; and WHEREAS, Section 28.2-1302 of the Code of Virginia, 1950; as amended, provides .fora non-refundable processing fee, to accompany each permit application as set by the applicable .governing body with .due regard for the services to be rendered including the time, skill. and administrator's expense involved for Wetlands applications. IN CONSIDERATION WHEREOF, having conducted studies both by consultants and by staff, the .Board of Supervisors of Isle of Wight County, Virginia, determines the following administrative fees to be reasonable and not to exceed an amount commensurate with the. services rendered taking into consideration time, skill and administrator's expense involved as well as the costs. for advertising of notices and other expenses incident to the. administration of the Planning and Zoning Ordinances including Subdivision Ordinance, Zoning 12 904A ~U ~;:'~U71 Ordinance, Wetlands Ordinance, Chesapeake Bay Preservation Ordinance and Soil and Erosion Conservation Ordinance: Fee Rate/Fee Zoning Permit $ 25 . Rezoning -Agricultural & Residential (l lot) $ 570 Rezoning -Residential 2 or more lots. $ 570 + $50 plot Rezoning -Commercial Industrial Planned. $1,000+ $45 p/acre Development Conditional Use Permit w/o advertising $ 440 Conditional Use Permit w/advertising $1,350 Special Use Permit $ 580 + $20 p/acre. Chesapeake Bay Waiver $ 750 .Commission & Board Exceptions, Appeals & $ 500 Misc. Approvals.- Subdivision Plats -Residential 1-9 lots $140 + $25 plot Subdivision Plats -Res. 10 or more $600 + $25 p/lot Subdivision/PD - Constr./Dev. Plans - $ 750 Subdivision Plats -Boundary Adjust. $ 150 Site Plan = Conceptual/Prelim. $ 300 Site Plan -Simplified $ .300. Site Plan - Com., Ind., Res. $550 + $35 p/acre Board of Zoning Appeals -Variance $ 175 Board of Zoning Appeals -Admin. Appeals $ 175 Wetlands Permit $ 250 Land Disturbing Permit $25 p/acre min. $100 Surety Administration (New and Renewal) $250/new $500/renewal Borrow Pit Fee (New and Renewal) $100 p/acre Street Sign Fee $ 100 .Continuance Fee (Applicant's Request): $ .150 The Ordinance 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 Bradshaw moved the Board return to Old Business.. The motion was adopted unanimously (5-0). Chairman Claud advised Mr. Vincent and Mr. Gray that the Board discussed the Founders' Pointe Master Plan and Development and Design Standards (Tabled .February 7, 2002) earlier 'in the meeting tonight, but postponed their vote until their arrival. 13 ao,~ ~~~ ;~..; X72 Supervisor Clark asked Mr. Neblett if when he visited the site there were any apparent problems to him with regard to having an access point at the curve on Sugar Hill Road. MacFarland Neblett, VDOT Resident Engineer, stated there `could be a need for sight distance easements in .both directions. He stated providing the necessary assurance of adequate sight distance will make the curve safer. Supervisor Clark inquired if VDOT would require the sight. line ..easements before. improvements .are made to the road. Mr. Neblett stated the. sight line easements would be required before the road will be taken into the highway system.- He stated. VDOT has not received the set of construction plans for its review yet. Supervisor Clark stated citizens have advised him that there have been eight (8) accidents at or near the curve over the last eighteen (18) months. He inquired if it would be possible for there to be a twenty-four (24) foot paved surface-and two (2) two (2) foot gravel shoulders on the current right- of-way from Sugar Hill Road to the access point. Mr. Neblett .stated VDOT has a variable right-of--way along the roadway and the developer could put in curb and gutter as an option at the intersection. Supervisor MacManus inquired if Mr. Neblett thought this could be a dangerous location with an entrance.. IVir. Neblett stated there is a .curve at the location with a posted speed limit of 35 mph, but if VDOT standards can be met he would say this intersection would not be any different than a number of other~intersections across the state.. He stated he .would not dispute that it would be a better access-point if located on a straight section of the roadway rather than on the curve. Dean Vincent stated this is not. a new issue and he met with VDOT .officials recognizing the fact that this was an issue that needed to be addressed. He stated the possibilities of what had to happen were explored and Mr. Graypurchased-the Rhodes property and located the site line at the ::..edge of the pavement and measured 350 feet in either direction which the site distance required under VDOT criteria. He stated this was a component of approving the Traffic Impact Analysis (TIA). He stated there was great expense spent to purchase the Rhodes property to ensure the sight lines- were met. He stated the Traffic Impact Analysis (TIA) is dated back to July, 2000 and the. TIA that. went to Mr. Neblett for the final review and approval were ..:dated December, 2000. He stated he has tried to address concerns at every juncture and safety has always .been an issue. He stated he feels that this is ~~ 1 .. 1 14 90~~~, 2~l`-~:-~73 1 an item that has been reviewed with great detail and addressed with as much detail as possible. .Supervisor MacManus stated regarding Item "D" under Access, where .right-of-way reservation is addressed on the potential alternate entrance/exit. to Founders Pointe Development. Mr. Vincent stated it does not matter to him if the easement is there twenty (2) years or not,. but it forced him to focus on the issue .that there is a piece of road there and you can not have a bond and. extend the bond for twenty (20) years. He stated the concept of installing a stub street was considered, but it was decided that that would be a mistake as people would begin throwing trash and parking there. He stated the cost is small to install the stub street as compared to what would be the cost for. a developer to bring the bridge over. Supervisor MacManus suggested taking the time frame out. so the developer is not on the "hook" but to say that "prior to close .out of the development surety bond." Mr. Vincent .stated the timing through the life of the development could be changed. He stated the life: of the development is recordation of the . , final plat and acceptance of those streets. Supervisor MacManus stated .under Item "B" Open Spaces, originally the maintenance was to be the responsibility of the Homeowners Association, but this has been changed to "shall not be the responsibility of the County." Mr. Vincent stated the reason why thin is different is because if you build a clubhouse, ownership stays with- the developer, and you can not say that responsibility to maintain that will be on the Association if the Association does not own it. He stated it would either be the Association or the owner/developer. Supervisor MacManus stated he would be more comfortable. with. the developer defining it one (1) way. or the other. Supervisor Clark stated there .are some good things about the development as the developer is paying to improve a substantial portion of Sugar Hill Road from the access point to Route 17 and the developer has agreed to do this. in advance and to :install a traffic light at his expense: He stated the developer has agreed to make whole the residents that are affected - by the widening of the VDOT right-of-way and. to incorporate the Batten graces into the development. He stated he also believes Founders' Pointe. will be a quality development. He stated the fundamental .problem is that there is only one (1) access point to the development on a small .rural. road on a curve and safety must be an overriding consideration... He stated there 809e ~~1 ;;G; U J 4> will be a lot of traffic making alert-hand turn on a dangerous curve and' he is concerned. about. the safety of the citizens who live on Sugar Hill Road, as well as the school buses that will travel thin roadway. He stated -.the widening of the .road does not address that issue to his satisfaction. He stated the curve on Sugar, Hill. Road should have been..straightened out a long time.. ago and he believes this needs to be addressed. Supervisor Bradshaw stated he has the same concerns as Supervisor Clark regarding the safety of the .roadway. He inquired how the Board could address his safety concern. County Administrator Casket' stated it .could. be addressed through the County's Six Year Plan. for Improvements to the Secondary Roadway as a project for VDOT to fund. He stated there could be other sources of funding that may exist and that could be explored with VDOT. Chairman Claud stated he understands the safety aspects which are not an ideal situation, however, all the requirements of VDOT must be met before it can be constructed. He stated -the Board can also look at incorporating this as a project in the secondary road system if need be. Supervisor Bradshaw stated if the Board places the roadway in the Six Year Plan it could be many years before anything. takes place. Chairman Claud stated this Board does have some input as to the priority of projects that go into the Six Year Plan. If the Sugar Hill Road .issue is a problem, then the Board .can consider advancing this as a secondary road project. .Supervisor MacManus moved the Board approve the Master Plan and Development and Design Standards with the .caveat that it requires the . County Attorney's approval and that there will be a change to the access Item "D" as .discussed with Mr. Vincent and that. there -will be a change to Item "B" open spaces as discussed with Mr. Vincent and also. provided the County Attorney. agrees with the highlighted sections that. are currently in the Plan. -The motion was adopted with Supervisors MacManus, Bradby and Claud voting in favor of the motion (3-2) and .Supervisors Bradshaw and Clark voting against the motion. // Supervisor Clark requested a closed session under Section 2.2-3711 Al of the Freedom of Information .Act concerning a personnel matter. Chairman Claud requested a closed session under Section 2,2-3711 Al of the Freedom of Information Act concerning a personnel matter. 16 1 1 1 900 20 ~;:-.'U7t1 W. Douglas Casket' requested a closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning a personnel matter. 1 Patrick J. Small, Director of Economic Development, requested a closed session under Section 2.2-3711 AS concerning two {2) matters dealing with prospective businesses where no previous location has been announced and under Section 2.2-3711 A3 concerning a property acquisition matter. Supervisor Bradshaw moved the Board enter closed session for the reasons stated. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor Clark moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WI-iEREAS, the Board of Supervisors has. convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance. with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.2-3712D of the Code of Virginia requires a certification by this Board of Supervisors that ouch 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 awfully 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. 17 80n~ 2~ -~.;'t37~ f/ Supervisor MacManus moved the Board reschedule its first meeting in March .for Monday, March 11, 2002 at 9:00 a.m. in the Board Room and authorize staff to advertise accordingly. The motion was adopted unanimously (5-0). At 9:00 p.m., Supervisor Clark moved the Board adjourn.- The motion. was adopted unanimously (5-0). Robert C. Claud, Sr., Chairman W. Dougl Ca ey, Clerk 18