06-20-2002 Regular Meeting
1
1
1
. BOON `~~ ,~.; :7.L
REGULAR, MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
:SUPERVISORS HELD THE TWENTIETH DAY OF JUNE IN THE YEAR
.TWO THOUSAND AND TWO
PRESENT: Robert C. Claud, Sr., Chairman
Richard K. MacManus, Vice Chairman
Stan D. Clark
Phillip A. Bradshaw
Henry H. Bradby
Also Attending: H. Woodrow Croak, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Admnistrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 6:00 p.m. Supervisor
Bradby delivered the invocation.
The Pledge of Allegiance was conducted.
2
//
Chairman Claud indicated the following. Consent .Agenda included
Items 1, A through F, and asked if there were any items for removal:
A. Contract for Home Based Services for the CPMT
B. Richmond to South Hampton Roads, High Speed Rail Feasibility.
.Study
C. Update on Village Center Boundaries
D. Delinquent Real Estate Tax Collection Monthly Report
E. May 16, 2002 Continued Meeting Minutes
F. .May 16, 2002 Regular Meeting Minutes
Supervisor Clark moved the Board approve and adopt all items on 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.
//
Chairman Claud called for Transportation Matters.
1
BQQR ~~ ''F'~ 'J~
James Randolph, Planner, informed the Board that the Commonwealth
Transportation Board had adopted the Six-Year Plan and that the projects
requested by the Board to be reinstated were not included in the final Plan.
He noted that approximately $100,000,000 was added back into the Plan
over the next six (6) .years -which was spread throughout the State.
Supervisor Bradshaw moved the Board direct staff to notify the
members of the General Assembly of the County's dissatisfaction with the
Commonwealth Transportation .Board with regards to funding of the Six-
Year 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.
Supervisor MacManus requested the status of the signs on Nike Park
Road.
MacFarland Neblett, VDOT Resident Engineer, distributed a photo of
the signs installed east of Jones Creek noting "hidden driveways".
Supervisor MacManus advised Mr. Neblett that his request was for the
installation of signs west of Nike Park (Palen Point Lane) where the trees
come up to the road's edge and there is a deep bend in the roadway.
Mr. Neblett noted he would look. into his request for signs to be
installed on the west side of Nike Park Road.
Supervisor MacManus requested the status of the flashing lights at the
intersection of Battery Park Road and Nike Park Road.
Mr. Neblett reported that the District Traffic Engineer had advised that
he would look into installing larger sign panels with "stop ahead" signs, as
well as installing a larger target sign. Mr. Neblett stated he would continue
discussing with the District Engineer larger signs, as well as attaching solar
.powered lights to these signs.
Supervisor Bradshaw requested the status of Pruden Road.
Mr. Neblett confirmed that the project would be advertised in
November, 2002.
Supervisor Bradshaw requested the status of Whispering Pines Trail.
Mr. Neblett confirmed that VDOT is conducting the maintenance and
moving forward .with .the environmental impact study. He stated he should.
.have a status report on the project for the Board next Spring.
Supervisor Bradshaw requested the status of Duke's Lane.
2
1
1
1
1
1
90~K' !y1 ~r .: :'~
Mr. Randolph reported that 80°fo of the telephone lines have been
relocated by Verizon.
Supervisor Bradby requested the status. of Rushmere Shores.
Mr. Randolph replied -staff is proceeding with the survey work and
working with Mr. Baker. He stated he anticipates .the project beginning this
Fall.
Supervisor Bradby requested the status of the ..ditches .along Track
Lane.
Mr. Neblett noted he would follow-up with VDOT staff regarding the
ditch work.
Chairman Claud requested the status of Blue Ridge Trail.
Mr. Neblett advised that the roadway is in the Six-Year Plan for 2003
and listed under "Pave in Place" projects.
Supervisor Bradby requested the striping be replaced on Raynor Road
and Mill Swamp Road.
Mr. Neblett noted VDOT intends to restore any lines that were
present.
a
Chairman Claud requested the drainage problem be corrected on the
right side of the roadway west of Darden Store on Carroll Bridge Road.
Mr. Neblett advised he would pass this concern on to VDOT staff.
Mr. Hartley briefed the Board on the status of South. Johnson Avenue.
He reported that .last Thursday work was stopped due to utility
encroachments. He noted that a meeting has been scheduled for next
Tuesday to finish resolving all remaining utility conflicts. He reported that 4
there is water line work that still needs to be done, as well as sewer clean
outs and aguide-wire that needs to be relocated.. He noted the total project
cost is estimated to be $13,000..
Chairman Claud advised that he would like to be present at the
meeting next. Tuesday..
//
Chairman Claud called for Citizens Comments.
3
.~
E e, ~~ ~4
Michael Uzzell of Central. Hill Road requested the Board consider
locating the voting precincts at the school facilities throughout the County.
He was advised that a public hearing would be conducted on the proposed
Raynor Precinct later in the meeting.
Henry Bell requested that VDOT repair the potholes and repaint the
lines along Raynor Road.
//
Chairman Claud called for the County Attorney's report.
County Attorney Crook presented the Xybix furniture contract for the
communications center which was revised and contains his suggestions. He
recommended the Board approve the contract and authorize the Chairman to
sign it behalf of the County.
Chairman Claud moved the .Board approve the contract and authorize
the Chairman to sign it on behalf of the County. The motion wasadopted
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 reported that he is still negotiating on the
Motorola contract. .
County Attorney Crook reported that the -Board of Equalization was
appointed by the Circuit Court Judge.
County Attorney Crook reported that he attended the hearing on AES,
the preliminary motions were overruled and responsive pleadings now need
to be filed.
County Attorney Crook reported. that he had closed on three. (3) of the
adults for the Washburn property located in Zuni. He stated there are still
two (2) additional adults, one (1) of which is incarcerated and the children
that need to be addressed..
County Attorney Crook reported that the proposed Processing Fee.
Ordinance is being advertised for the Board's July 9, 2002 meeting.
i County Attorney Crook stated he is not satisfied with what Charter
', Communications has given to him and, therefore, he has not advertised the
matter for public hearing. He stated he would like an additional meeting
.with Mr. Favre.
County Attorney Crook reported that he has met with the Attorney for
Eagle Harbor. and he would be bringing an agreement to the Board in the
.near future.
4
n
BO~r ~ . ,~
~., ;,, ::
//
Chairman Claud called for the County Administrator's report
- ._..1
Donald T. Robertson, Assistant. County Administrator/Director of
Human Resources, stated the .Board previously authorized the
Environmental Management System (EMS) issue be included within the
.Strategic Action Plan. He stated there is funding included in the FY02-03
budget and staff is requesting authorization to proceed with development of
the system.
Supervisor Bradshaw moved the Board authorize staff to proceed with
development of the system, as recommended. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion. (S-0) and no Supervisors voting against the motion.
//
Chairman Claud called for Old Business
1
• I
Supervisor Bradshaw stated he believes the Board. should review the
feasibility of implementing the 457 plan as it is listed as priority # Y among
employees. He stated the Pay & Classification Plan has been .pushed aside
in the, past due to financial constraints and should be updated.
A. Employee Relations Committee
Mr. Robertson stated the Board previously requested the County's
Employee Relations Committee review and .make recommendations. on the
issue of twice-a-month. compensation and other. benefits. He stated the
Board has acted on the twice-a-month compensation as part of the County's
budget and for the Board's consideration tonight is a report outlining.the top
five (5) priorities and the estimated costs associated with implementing
these items within the FY02-03 budget year.
Supervisor MacManus stated there is approximately $12,000 in the
County's contingency fund that has not been utilized this year that he would
recommend rolling over for potential use by the Board
Supervisor MacManus moved that,the Board authorize staff carry over
any contingency funds not used in FY01-02 for potential use in addressing
some of the recommendations by the Employee Relations Committee to
provide. funding for this. initiative. Staff is to place .the matter back on the
Board's agenda prior to January, 2003 .for the Board's review. and action.
Staff is also to advise how many employees the County has today that
participate in the 457 Plan. The motion was .adopted with. Supervisors
5
~o~{, ?1 ~M-:- ~fi
,..
MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of .the
.motion (5-0) and no Supervisors voting against the motion.
B. Planning Commission Review and Comments on the Villa
Development in the Town of Smithfield. .
Mr. Hartley stated there- are approximately eighteen (18) acres
proposed for condominium development that are currently zoned residential
and commercial. He stated there would be a total of 78 units, primarily.
targeted towards active seniors and empty nesters. He stated the County's
Planning Commission .discussed this at their last meeting and included in
the agenda is a list of their concerns. He stated of primary concern is the
traffic issue on Battery Park Road and how it would impact Battery Park,
Nike Park, Titus Creek and Smith's Neck roads. He stated a study was done
~+ in 1997 that indicated the expected increase in traffic through the year 2015
at 15,000 trips per day. He stated currently, Battery Park Road is generating
approximately 9,000 trips per day. He stated the build-out of this project,
London Park and Smithfield Commons will put it well over the 15,000 trips
predicted by the Hampton Roads Planning District Commission in .1997. He
stated the Town of Smithfield has hired a traffic .engineer to review -the
cumulative impacts which will be made available at the Smithfield Town
Council meeting. He stated the Town has also hired an engineering .firm to
review the type of improvements necessary along the Battery Park corridor
in the future given all the development. He stated the Planning Commission
concluded that each of these projects from this .point forward should
consider paying their fair cost of improving the Nike Park corridor. He
stated the developer has targeted this project towards active seniors and
empty nesters. He stated surveys done by a franchise that builds these. type
of projects indicates there are less than 2% buyers with children. He stated
.the Planning Commission did discuss the issue of schools and was provided
with the results of the cash proffer study done in 1993 that reflected half a
child per household, even in multi-family developments. He stated included
in the agenda is a table of existing multi-family developments in the County
and the number of children in each of those. He stated .the Planning
Commission suggested that the developers of this project; and others, should
..contribute their fair share to the cost of schools. He stated the Planning
Commission did communicate to the Town of Smithfield that higher density
projects .can serve as a buffer between commercial and single family
residential; that the bike plan noted on Nike Park Road had :not been
addressed; comments about the traffic .study and its methodology and
impact; comments on an additional. second .entrance to the project from
Church Street which could reduce some of the traffic impacts from the
.project; suggested a right turn lane into the project be constructed;
continuing comments about emergency services and the impact that this
development may have on those services; that this project is proposing
private roads versus public roads; and, a preference for evidence of Coips of
Engineers permits and renderings. He stated the Smithfield Town Council
would consider the proposed development at its first meeting in July, 2002.
~~
i~
6
aa`~,A 2~..r.;~ ~.~7
Supervisor MacManus stated the Villas could be a positive addition to
the Town of Smithfield as .there is a need for a community that offers
something for its senior citizens. He stated that he would first like assurance
that the four (4) acres to be utilized as BMP(s) do not become a mosquito.
pond, as well as further.clarification as to what the BMP(s) would look like,
i.e., the slope, trees. and grass field.
Robert Jones, Attorney with Jones and Jones, stated the applicant is
attempting to get permission from VDOT to beautify what. already exists by
way of some type of fountain. He stated the applicant has also proffered to
dedicate 25 feet for road widening from Church Street to the end of the
.project. He stated there would also be a dedication of additional land beside
the holding pond.
Supervisor MacManus pointed out that the proffers of $180 per unit
are inadequate. He further stated that the Study is not realistic as it indicates
that only two (2) school children are anticipated to move in and that there
will be low to no impact on EMS services. He stated the project is marketed
.for senior citizens, however, there have been other communities marketed
for. senior citizens (Gatling Pointe) that has caused the County to have to
build new schools. He requested that the. concern .expressed by Buddy
Jones, Fire Chief, Smithfield Fire Department,. be addressed concerning the
width of the roadway. if on-street parking is approved. He noted he would
prefer to see public roads as opposed to a private road that would create a
situation where those citizens may. come to the Town of Smithfield to
request public maintenance when the roads. do not meet VDOT standards
and can not be accepted into the VDOT system. He stated the Study
reflecting 200 trips per day for the 78 units appears to be low, however, this
will be addressed by the traffic study performed by the Town of Smithfield.
He stated the twenty-five (25) foot dedication proffer needs.. to be reviewed
to determine how it fits into the Battery Park Road traffic. study and how
much roadway is needed since the other side of the road is now developed..
Regarding the proffer of 25 feet, he stated a concern with the extent of the
study by the traf~'ic engineers that the Town has hired. He stated the concept
is good and needed in the Town of Smithfield, however, there are things that
need to be done to make the project .more beneficial to the community and
cause less of an impact.
Supervisor Bradshaw stated the County will have no guarantee on the
amount of school children located there as the developer is not willing to
proffer that only senior citizens and empty nesters will be marketed for the
property.
Supervisor. Clark noted .this development would be coming in at the
.end of some other large developments. proposed for Battery Park Road that
are going to already create a significant amount of increased traffic on
Battery Park Road. He stated the traffic assessment is a gross
7
r .'
understatement and while initial buyers may. be senior citizens, real estate
agents. will be bringing in potential buyers which can not be refused without
some covenants.. He stated even if initial buyers are senior citizens, the
second buyers .are .probably not going to be senior citizens... He stated the
Board has to be concerned with the impacts on the County's schools and the
Board is already aware of what a large impact Eagle Harbor, Founders Point
and. several developments along Battery Park Road in the Town of
Smithfield .are going to,have on the school facilities. Ike stated the $180
proffer per home is grossly inadequate. .
Supervisor Bradby expressed concern with the .proposed private road.
He pointed out.. that mail trucks and school buses would not travel down
private roads.
Chairman. Claud stated this project as one project in that area is a good
project, however, when mixed in with other proposed developments it
complicates traffic congestion. He stated once the Comprehensive Traffic
Impact Study of the corridor is done, he believes these developments will
have to share the cost to meet the needs that the Study indicates will be
necessary to handle traffic in the years to come. He stated the proffers are ;
inadequate and while it may not be the intent of the developer to have a
large number of school children living there, things can change over a period
of time which .can place a strain. on fire and rescue, as well as parks and
recreation.
.Supervisor Bradshaw stated that since the Board is the governing body
of the County and Smithfield is the town within the County, it should be
able to give the Smithfield Town Council a recommendation as to how it
impacts the entire county.
Supervisor MacManus suggested that the Board relay its concerns that.
as currently structured there are significant problems with the proposal and
the impact would be substantial to the County if changes are not made to it.
Supervisor Clark stated it is important to understand that there is not a
fix for congestion:. He stated Battery Park Road can be improved, however,
congestion will .only be moved down into the County. or up into the Town of
Smithfield. He stated everyintersection will be affected between the.Town
of Smithfield and the James River Bridge when these developments come
on-line.
Supervisor MacManus moved the Board direct staff provide the
comments discussed this evening in the form of a letter and indicate to the
Town of Smithfield that in its current format, this project would have a
significant impact on the County and should not move forward as there are
substantial changes that need to be made as suggested by the Planning
Commission and he Board of Supervisors. The motion was defeated (3-2)
8
..
1
1
.with Supervisors MacManus and Claud voting in favor of the .motion and
Supervisors Bradshaw, Bradby and Clark voting against the motion.
Supervisor MacManus then moved the Board .direct staff prepare a
letter to the Town of Smithfield and signed by the Chairman of the Board of
.Supervisors stating the concerns discussed .tonight. by the Board for its
review and concurrence with .the intention of stating that the project as
currently presented is not acceptable, creates a significant impact to the
County and that there are amendments that need to be made to it that have
been delineated both by .the Planning Commission and the Board ' of
Supervisors. 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...
//
At 7:00 p.m., Supervisor Bradshaw moved the Board amend the
regular order of the agenda in order to conduct the public hearings.. The
motion was adopted unanimously (5-0).
//
Chairman Claud called for a public hearing on the following:
A. An Ordinance to Amend an Ordinance to Provide for Precincts
for. the Five (5) Election Districts, to Establish Boundary Lines
and Precincts, to Name Each Precinct, and to Establish, a Polling
Place for each Precinct, to Redefine the Zuni Precinct and Add
Therefrom a New Precinct to be Known as Raynor Precinct
Within he Carrsville Election District and to .Designate a
Polling Place for Said Raynor Precinct
County Attorney. Crook stated the proposed Ordinance creates the
Raynor Precinct from the Zuni Precinct and establishes the .polling place at
Mt. Sinai Baptist Church on Raynor Road, as :requested by the Electoral
Board.
1
Supervisor Bradshaw stated he had earlier made a request that the
Electoral Board review the precincts because after the .last redistricting
citizens were having to drive a significant distance to vote in that area. He
stated the Electoral Board reviewed his request and recommended that a
new precinct be created.
County Attorney Crookstated the Zuni precinct was an area that was
enlarged in order to have the population needed to make Carrsville Election
District meet the population of the other districts. He stated the County is
maintaining polling places at. Camptown, Carrsville, Walters and Zuni for
the Carrsville Election District and the County only needs. one. (1) or two (2}
9
polling places for that area. He noted-that Smithfield and Newport Districts
only. have one (1) each. Hardy has two (2) and Windsor three (3). He said
the .County should be looking at consolidating polling places within the
Election. Districts rather than splintering and creating some precincts.
Chairman Claud called for persons to speak in favor of or in
.opposition to the proposed Ordinance.
Upon no one appearing, Chairman Claud. closed the public hearing
.and called for comments by the Board.
Supervisor Bradshaw asked Mr. Bell of the Electoral Board to address
why the County has moved .away from having voting precincts at churches.
William Bell, Secretary of the Electoral Board, replied that many
localities continue to use both churches and school buildings. He stated
there. are not a: lot of buildings that can be rented in the rural areas. of the
County for such a small number of days a year that .come handicapped
equipped. He stated. this polling place is centrally located and about the only
building that was available.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN~ORDINANCE TO AMEND AN ORDINANCE
TO PROVIDE FOR PRECINCTS FOR THE FIVE (5) ELECTION DISTRICTS,
TO ESTABLISH BOUNDARY LINES AND PRECINCTS,
TO NAME EACH PRECINCT, AND TO ESTABLISH A POLLING PLACE FOR
EACH PRECINCT, TO REDEFINE THE ZUNI PRECINCT AND ADD
THEREFROM A NEW PRECINCT TO BE KNOWN AS RAYNOR PRECINCT
WITHIN THE CARRSVILLE ELECTION DISTRICT AND TO DESIGNATE A
.POLLING PLACE FOR SAID RAYNOR PRECINCT
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia that the Ordinance to Provide for Precincts for the
Five (5) Election Districts, to Establish Boundary Lines and Precincts, to Name
Each Precinct, and to Establish a Polling Place for Each Precinct adopted by the
Board of Supervisors on May 3, 2001, effective May 16, 2001, be and the same is
hereby amended as set forth in bold print below:
SECTION l . Pursuant to authority contained in Code of Virginia, 1.950,
as amended, Title 24.2, Chapter 3, Article 3, the precincts and their respective
polling places for Isle of Wight County, Virginia, are hereby created and
established as set forth in this Ordinance.
SECTION 2. The precincts for each election district and the polling
-place for each precinct shall be as set forth below:
Carrsville Election District
10
i
80~~r.. 21:,','~'~~1
Camps Mill Precinct
Polling Place - Otelia J. Rainey Center
Carrsville Precinct
Polling Place- Carrsville Volunteer Fire Department
Walters Precinct
Polling Place -Walters. Ruritan Building
Zuni Precinct
Polling Place -Zuni Ruritan Building
. Raynor Precinct
Polling Place - Mt. Sinai~Baptist Church
14.165 Racetrack Road
Ivor, Virginia
Windsor Election District
Windsor Precinct
Polling Place -Windsor Volunteer Fire Department
i
Orbit Precinct
Polling Place -.Woodland United Methodist Church .Social Hall
Courthouse Precinct
Polling Place -Isle of Wight Ruritan Building
Hardy Election District
Pons Precinct
Polling Place -New Pons Voting. Place - 11379 Whitehouse Road
Smithfield, Virginia
Rushmere Precinct
Polling Place -Rushmere Volunteer Fire Department
}
t
Smithfield Election District
Smithfield Precinct
Polling Place -.Isle of Wight County YMCA
Newport Election District 9
Carrollton Precinct
Polling Place -Carrollton Nike Park
SECTION 3. The boundaries of the respective precincts are as set forth
11
• DQrK F.I.L. ~N t'r~IJ F~
below;
CARRSVILLE ELECTION DISTRICT
CARRSVILLE PRECINCT
Beginning at the intersection of U. S. Route 258 and U. S. Route S8; thence
in a Northeasterly direction along U. S. Route 58 to the intersection of U. S. Route
58 and State Route 615; thence in a Southerly direction along State Route 615 to
the intersection of .State Route 615 and the boundary line between the County of
Isle of Wight and the .City of Suffolk; thence in a Northeasterly direction along the
boundary .line between the .County of Isle of Wight and the City of Suffolk to the
intersection of the boundary line of the County of Isle of Wight and the City of
Suffolk. and. State Route 610; thence in a Northerly direction along State Route
610 to the intersection of State Route 610 and State Route 687; thence in a
Southwesterly direction along. State Route. 687 to the intersection of State Route
687 and State Route 611; thence in a Westerly direction along State Route 611 to
the intersection of State. Route 611 and U. S. Route 258; thence in a Southerly
direction along U. S. Route 258 to the intersection of U. S. Route 258 and U. S.
Route 58, the point of beginning.
CAMPS MILL PRECINCT
Beginning at the intersection of U. S. Route- 58 and the Blackwater River,
the boundary line between the County of Southampton and the County of Isle of
Wight; thence in a Southeasterly direction along the Blackwater River, the
boundary line between .the County of Isle of Wight and the County of
Southampton, to the intersection of the said boundary line with the boundary line
of the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly
....direction along the boundary line between the County of Isle of Wight and the
City of Suffolk to the intersection of the boundary line of the County of Isle of
Wight and the City of Suffolk with -State Route. 615; thence in a Northerly
direction .along State Route 615 to the intersection of State Route 615 and U. S.
Route 58; thence in a Southwesterly direction. along U. S. Route 58 to the
intersection of U. S. Route 58 and U. S. Route 258; thence in a Northerly direction
along U. S. Route 258 to the intersection of U. S. Route 258 and State Route 611;
thence in a Westerly direction along State Route 611 to the intersection of State
Route 611 and the Blackwater River, the boundary line between the County of Isle
of Wight and the County of Southampton; thence in a Southerly direction along
the Blackwater River to the intersection of the Blackwater River and U. S. Route
58, the point of beginning.
WALTERS PRECINCT
Beginning at the intersection of State Route 611 and the Blackwater River,
at the boundary line between the County of Southampton and the County of Isle of
Wight; thence in an Easterly direction along State Route 611 to the intersection of
11
..
1
12
R
t
~~_~:' 2~ .~~:~103
State Route 611 and State. Route 687; thence in a Northeasterly direction along
State Route 687 to the intersection of State Route 687 and State Route 610; thence
in a 'Southeasterly direction along State -Route 610 to the intersection of State
Route 610 and the. boundary line between the County of Isle of Wight and the City
of Suffolk; thence in a Northeasterly direction along the boundary line between the
County of Isle of Wight and the City of Suffolk to .the intersection of said
boundary line and State Route 609; thence in a Northwesterly direction along
State Route 609 to the intersection of State Route 609 and State Route 603; thence
in a Westerly direction along .State Route 603 to the .intersection of State Route
603 and the Blackwater River, the boundary line between the County of Isle of
Wight and the. County of Southampton; thence in a Southwesterly.direction along
the Blackwater River to the intersection of the Blackwater River- and State Route
611, the point of beginning.
ZUNI PRECINCT
Beginning at the intersection of State Route 603 and the Blackwater River,
the boundary line between the County of Southampton and the County of Isle of
Wight; thence in a Northeasterly .direction along State Route 603 to the
intersection of State Route 603 and State -Route 657; thence in a Northerly
direction along State Route 657 to the intersection of State Route 657 and State
Route 638; thence in a Northeasterly. direction along State Route 638 to the '
intersection of State .Route 638 and U. S. Route 258; thence in a Northerly
direction along U. S, Route 258 to the intersection of U. S. Route 258 and State
Route 645; thence in a Northwesterly direction along State Route 645 to the
intersection of State Route 645 and State Route 646; .thence in a Northerly
direction along. State Route 646 to the intersection of State Route 646 and State ~
Route .644; thence in a Northerly and Northeasterly direction along State Route
644 to the intersection of State Route 644 and State Route 647; thence in a
Northerly direction along State Route 647 to the intersection of State Route 647
and State Route 637 (Central Hill Road) thence along State Route 637 in a
Westerly direction to the intersection of State Route 637 and State Route 650
:(Whispering Pines.Tral); thence in a Westerly and Southwesterly directionalong
Whispering Pines Trail. (650) to the intersection of Whispering Pines. Trail and
Beale Place (Route 646); thence in a Northwesterly direction along Beale Place
Route 646 and the intersection of 646 and Broadwater Road, Route 620; thence in
a Westerly direction to the intersection of Broadwater Road Route 620 and the !
Blackwater River, thence in a southerly. direction along the Blackwater River to
the. intersection of the Blackwater River with State .Route 603, the. point of
beginning.
RAYNOR PRECINCT
s
Beginning at the intersection of Broadwater Road (State Route 620) and the
Blackwater River; thence in an Northeasterly direction along the Broadwater Road
(State Route 620) to the intersection of the Broadwater Road and Beale Place
(State Route 646); thence in a.Southeasterly direction along Beale Place (State f
Route 646) to the intersection of Beale Place and Whispering Pines Trail, State
13
.s
so~~ 2~, -~~-1Q4
Route 650; thence in a Northeasterly direction along Whispering Pines Trail, State
Route 650, to the intersection of Whispering Pines Trail and Central Hill Road
(State Route 637); thence in a Southeasterly direction along Central Hill Road
(State Route 637) to .the intersection of Central Hill Road and Ting's Road, State
Route 647; thence in a Northerly direction along State Route 647, Ting's Road, to
the intersection of State Route 647 and State Route 620, Four Square Road, thence
in a Northeasterly direction along State Route 620 to the intersection of State
Route 620 and an Unnamed Dirt Road on the left at 11375, Foursquare Road;
thence in a Northeasterly direction along Unnamed Dirt Road to the intersection of
said Unnamed Dirt Road and State Route. 652; thence in a Northwesterly direction
along State Route 652 to the intersection of State Route 652', and. State Route 682;
thence in a Southwesterly direction along State Route 682 to the intersection of
State Route 682 and State Route 681; thence in a Northerly direction along State
Route 681 to the intersection of State Route 681 and State Route 625; thence in a
Westerly direction along State Route 625 to the intersection of State Route 625
and the run, of Passenger Swamp;thence along the run of Passenger Swamp in a
Northerly direction to the intersection of said run of Passenger Swamp with the
boundary line between the County of Surry and the County of Isle of Wight;
thence along the boundary line of the County of Surry and the County of Isle of
Wight in a Southwesterly direction to the intersection of said boundary line with
the Blackwater River; thence in a southerly direction along the Blackwater River
to the intersection of the Blackwater River with State Route 620, Blackwater
. Road, the point of beginning.
WINDSOR ELECTION DISTRICT
WINDSOR PRECINCT
Beginning at the intersection of State Route 609 and the boundary line
between the County of Isle of Wight and the City of Suffolk; thence in a
Northwesterly direction along State Route 609 to the intersection of State Route
609 and State Route 603; thence in a Northeasterly direction along State Route
603 to the intersection of State Route 603 and State Route .657; thence in a
Northerly direction along State Route 657 to the intersection of State Route 657
and State Route 638; thence in a Northeasterly direction along State Route 638 to
the intersection of State Route 638 and State Route 606; thence in an Easterly
direction along State Route 606 to the. intersection of State Route 606 and the
boundary line between the County of Isle of Wight and the ,City of Suffolk; thence
in a Southwesterly direction along the boundary line between the County of Isle~of
Wight and the City. of Suffolk to the intersection of said boundary line with State
Route 609, the point of beginning.
ORBIT PRECINCT
Beginning at the intersection of the boundary line between the County. of
Isle of Wight and the City of Suffolk and State Route 606; thence in a Westerly
direction along State Route 606 to the intersection of State Route 606 and State
Route 638; thence in a .Northeasterly direction along State Route 638 to the
s
11
1
14
R
~-
?Q'~r
?~ ~ ~--105
intersection of State Route 638 and U. S. Route 258; thence in a Northerly
direction along U. S. Route 258 to the intersection of U. S. Route 258 and State
Route 644; thence in a Southeasterly. direction .along State Route 644 to the
intersection of State Route 644 and State Route 637; thence in a Southeasterly
direction along State Route 637 to the Eastern intersection of State Route 637. and
State Route 644; thence in a Northeasterly direction along State Route 644 to the
intersection of State Route 644 and State Route 654; thence in a Southeasterly
direction along State Route 654 to the intersection of State .Route 654 and State
Route 600; thence in a Southeasterly direction along State Route 600 to the.
intersection of State Route 600 and State Route.602; thence in a Southwesterly
direction along. State Route 602 to the Southern intersection of State Route 602
and State Route 600; thence in a Southeasterly direction along State Route. 600 to
the intersection of State Route 600 and Route 10; thence in a Southerly direction.
along Route 10 to the intersection of Route 10 and. the boundary line between the
County of Isle of Wight and the City of .Suffolk; thence. in a Southwesterly
direction along the boundary line between the County of Isle of Wight and the
City of Suffolk to the intersection of said boundary line with State Route 606, the t
point. of beginning.
COURTHOUSE PRECINCT
J
Beginning at the intersection of State Route 10 and State Route 600; thence I
in a Westerly direction along State Route 600 to the intersection of State Route
600 and State Route 602; thence in a Northerly direction along State Route .602 to
the Northern intersection of State Route 602 and State .Route 600; thence in a
Westerly. direction along State Route .600 to the intersection of State -Route .600
and. State Route 654; thence in a Northerly direction along. State -Route 654 to the
intersection of State Route 654 and State Route 644; thence in a Southerly
direction along State Route 644 to the intersection of .State Route 644 and State
Route 637; thence in a Northwesterly direction along State Route 637 to the
Northern intersection of State Route 637 and State Route 644;.. thence in a
Westerly direction along State Route 644 to the intersection of State Route 644
and U. S. Route 258; thence in a Southwesterly direction along U. S. Route 258 to
the intersection of U. S. Route 258 and State Route 645; thence in a Northwesterly
direction along. State Route 645 to the intersection of State..Route. 645 and State
Route 646; thence in a Northerly direction along State Route. 646 to the
intersection of State Route 646 and State Route 644; thence in a Northerly
direction along State Route 644 to the intersection of .State Route 644 and State
Route 647; thence in a Northerly direction along State Route 647 to .the
intersection of State Route. 647 and State .Route 620; thence in a Northeasterly
direction along State Route 620 to the intersection of State Route 620 and State
Route 652; thence in a Southerly direction along State Route 652 to the
intersection of State Route 652 and U. S. Route 258; thence in a Northerly
direction along U. S. Route 258 to the intersection of U. S. Route 258 .and the run
of Champion Swamp;. thence in a Southeasterly direction along the run of
Champion Swamp to the intersection of Champion Swamp and State Route 692;
thence in a Northeasterly. direction along State Route. 692 to the intersection of
State Route 692 and. State. Route 654; thence in a Northerly direction along State .
l5
Route b54 to the intersection of State Route 654 and State Route 620; thence in a
Southeasterly direction along State Route 620 to the run of Champion Swamp
(headwater of Cypress Creek); thence along the run of Champion Swamp
(headwater of Cypress Creek) to the intersection of the Southern boundary line of
-the Town of Smithfield; thence in an Easterly direction along the Southern
:boundary line of the Town of Smithfield to the intersection of said boundary line.
with Virginia Route 10; thence in a Southerly direction along Virginia Route 10 to
the intersection of Virginia Route 10 and State Route 600, the point ofbeginning.
HARDY ELECTION DISTRICT
PONS PRECINCT
', Beginning at the intersection of State Route. 627 and the boundary line.
between the County of Isle of Wight and the County. of Surry; thence in a
~ ` Southerly direction along .State Route 627 to the intersection of State Route 627
and State Route 626; thence in a Southeasterly direction- along State-Route 626 to
-the intersection of State Route 626 and State Route 678; thence in a Northeasterly
direction along State Route 678 to the intersection of State Route 678 and State
Route l0 (Old Stage Highway); thence in a Southerly direction along State Route
10 (Old Stage. Highway) to the intersection of State Route 10 (Old Stage Highway)
and State Route. l0 Bypass; thence in a Southerly direction along Route 1O Bypass
to the intersection of Route 10 Bypass: and U. S. Route 258; thence in a
Southwesterly .direction along U. S. Route 258 to the intersection of U. S. Route
258 and State Route 655; thence in a Southerly direction along State Route 655 to
the run of Champion Swamp (headwater of Cypress Creek); thence along the run
of Champion. Swamp (headwater of Cypress Creek) Southwest to the intersection
of said run with State Route 620; thence in a Northwesterly direction along State
Route 620 to the intersection of State Route 620 and State Route 654; thence in a
Southerly direction along State Route 654 to the intersection of State Route 654
and State Route 692; thence in a Southwesterly direction along State Route 692 to
the intersection of State Route 692 and the run of Champion Swamp; thence in a
Northwesterly direction along the run of Champion .Swamp to the intersection of
the run of Champion Swamp and U. S. Route 258; thence in a Southwesterly.
direction along U. S. Route 258 to the intersection of U. S. Route 258 and State
Route 652; thence in a Northerly direction along State Route 652 to the
intersection of State Route 652 and State Route 620; thence- in a Southerly
direction along State Route 620 to the intersection of State Route 620 and an
Unnamed Dirt Roadto the right at 11375 Foursquare Road; thence in a Northerly
and Northeasterly direction along said Unnamed Dirt Road to the intersection of
said Unnamed Dirt Road and State Route 652; thence in a Northwesterly direction
along State Route 652 to the intersection of State Route 652 and State Route 682;
thence in a Westerly direction along State Route 682 to the intersection of State
Route 682 and State Route 681; thence in a Northerly direction along State Route
68I to the intersection of State Route 681 and State Route 625; thence in a
Northerly direction along State Route 625 to the intersection of State Route 625
and the run of .Passenger Swamp; thence in a Northerly direction along the run of
.Passenger Swamp to the intersection of the run of Passenger Swamp with the
;,
16
n
~l
boundary line between ~ the County of Isle of Wight and the County of Surry;
thence in a Northeasterly direction along the boundary line between the County of
Isle of Wight and the County of Surry to the intersection of said boundary line
with State Route 627, the point of beginning.
RUSHMERE PRECINCT
~~~
Beginning at the intersection. of the boundary line between the County of
Isle of Wight and the County of Surry with State- Route 627; thence in a Southerly
direction along State Route 627 to the intersection of State Route 627 and State
Route 626;. thence in a .Southeasterly direction along State Route 626 to the
intersection of State Route 626 and State Route 678; thence in a Northeasterly
direction along .State Route b78 to the intersection of State Route .678 and Mate
Route 10 (Old Stage Highway); thence in a Southerly direction along State Route
10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway)
and State-Route 10 Bypass; thence in a Southerly direction along Route 10 Bypass
to the intersection of Route 10 Bypass and Pagan River; thence in an Easterly
direction along. the Pagan River. to the intersection of the Pagan River and State
Route 10 (Old Stage Highway); thence in a Northeasterly direction along Route 10
- (Old .Stage Highway) to the intersection of Route 10 (Old Stage Highway) with. the
Northern boundary line of the Town of Smithfield; thence in an Easterly direction
along the Northern boundary line of the Town of Smithfield to the intersection of
said Northern boundary line and the Pagan River; thence in an Easterly direction
along the Pagan. River to the. intersection of the Pagan River and the James River;
thence in a Northerly direction along the James River to the. intersection of the
James River and the. boundary line between the.. County of Isle of Wight and the
County of Surry; thence in a Southwesterly direction along the boundary line
between the County of Isle of Wight. and the County of Surry to the intersection of
said boundary line with State Route 627, the point of beginning.
SMITHFIELD ELECTION DISTRICT
SMITHFIELD PRECINCT
1
Beginning at the intersection of the Southern boundary line of the Town of
Smithfield and Virginia State Route 10; thence in an Easterly and then Northerly
direction along the. Southern and Eastern boundary line of the Town of Smithfield
'to the intersection of said boundary line and State Route 704 (Battery Park Road);.
thence in a Northeasterly direction along Route 704 (Battery Park Road) to Todd
Avenue in Battery Park; thence in a Northerly direction along Todd Avenue to the
intersection of Todd Avenue and Warwick Street; thence in an Easterly .direction
along Warwick Street to the intersection of Warwick Street and Newport Street;
thence in a Northerly direction along Newport Street to the intersection of
Newport Street. and -the Pagan River; .thence in a Westerly direction along.. the
Pagan. River to the intersection of the Pagan River and the Northern boundary line
of the .Town of Smithfield; thence along the Northern boundary line. of the Town
of Smithfield to the intersection of said boundary line with Virginia State Route
10 (Old Stage Highway); thence in a Southerly direction along Old Stage Highway
17
to .the. intersection of Old Stage Highway and the Pagan River; thence in a
..Westerly direction along the Pagan River to the intersection of the Pagan River
and Route 10 Bypass; thence in a Southerly direction along Route 10 Bypass to
the intersection of Route 10 Bypass and U. S. Highway 258; thence in a Westerly
direction. along U. S. Highway 258 to the intersection of U. S. Highway -258 and
Route 655; thence in a Southerly direction along. State Route 655 to the
intersection of State Route 655 and the Southern boundary line of the Town of
Smithfield; thence in an Easterly direction along the Southern boundary tine of the
Town of Smithfield to the intersection of said boundary line and Virginia State
.Route 10, the. point of beginning.
NEWPORT ELECTION DISTRICT
CARROLLTON PRECINCT
Beginning at the intersection of the Southern boundary line of the Town of
Smithfield and Virginia State Route 10; thence in a Southerly direction along
Virginia .State Route 10 to the intersection of Virginia State Route 10 and the
boundary line between the County of Isle of Wight and the City of Suffolk; thence
in a Northeasterly direction along the boundary line between the County of Isle of
....Wight and the City of Suffolk to the intersection of said boundary line with
.Brewer's Creek; thence. in an Easterly direction along Brewer's Creek to the
intersection of Brewer's Creek and Chuckatuck Creek; thence in a Northerly
direction along Chuckatuck Creek to the intersection of Chuckatuck Creek and the
James River;. thence in a Northerly direction along- the James River to the
intersection of the James River and the Fagan River; thence in a .Westerly
....direction .along the Pagan River to the .intersection of the Pagan River and
Newport Street extended; thence in a Southerly direction along. Newport Street to
the intersection of Newport Street and Warwick Street; thence in a Westerly
direction along Warwick Street to the intersection of Warwick Street and Todd
Avenue; thence South on Todd Avenue to the intersection of Todd Avenue and
Route 704, Battery Park Road; thence in a Southeasterly direction along Route
704 to the intersection of Route 704 and the Eastern boundary line of the Town of
Smithfield; thence in a Southerly and Westerly direction along the Eastern
:boundary line of the Town of Smithfield to the intersection of said boundary line
of the Town of Smithfield and Virginia State Route 10, the point of beginning.
SECTION 4. Pursuant to authority .contained in Section 24.2-712 of the
Code of Virginia, ,1950,. as amended, there is hereby established a Central
Absentee Voter Precinct at the Courthouse of Isle of Wight County, Virginia, for
the purpose of receiving, counting and recording absentee ballots cast in the
County in all elections.
SECTION 5. The Secretary of the Electoral Board shall notify by mail
no later than fifteen (15) days prior to the next general, special or primary election,
all registered voters whose precinct and/or polling place has been changed by the
provisions of this Ordinance.
18
R
D
' BQ~~ ~~ 'H~~lUJ
SECTION 6. Should any section or provision of this Ordinance be
decided to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of any other section and provision of this Ordinance.
SECTION 7. This Ordinance shall be in full force and effect '
beginning
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:
B. An Ordinance to Amend Chapter 16.1, Water, .Article IV,
Connections, Section 16.1.15, .Charges Generally, to Add
Provisions for Master Meters
r
f.
1
Chairman Claud called for persons to speak in favor of or in
opposition to the proposed the Ordinance.
Branch Lawson of Smithfield stated the current connection fees for
water and sewer are set at $1,800 for both. and the County has not spent any
funds in the Northern Development District on sewer, however, it is now
proposing a total of $8,000 per dwelling unit. He stated the proposed
Ordinance would have. a tremendous effect on multi-family uses and urged
the Board to consider the impact before voting. He stated. in the case of a
250 apartment complex, the. water .tap fee will increase from $16,000 to
$1,000,000. He stated total. tap fees for such a complex would be
$2,000,000: He stated Wood Partners who is considering building an
apartment complex in Eagle Harbor ,recently built an ..upscale apartment
complex in Chesapeake and the total tap fees for water and sewer were only
$67,000. He stated it is inconceivable that this increase in tap fees could be
considered fair and reasonable and would kill any concept of affordable
housing in relation to apartment complexes. He requested the listed uses in
the proposed ordinance be more specific and- suggested that if the wording
"equivalent residential connection concept" were to be tempered.. into the
process it would make it less painful financially. He further. suggested that
the County perform an independent rate study to determine if the .proposed
water and sewer tap fees are defensible in court. He stated the County had
previously approved utility plans .for the Terry .Peterson condominium
project in Eagle Harbor which called for a private water system with the use
of a master meter for water.
. ~
County Attorney Crook stated he did not believe the master water
meter was approved because it was not in the ordinance and thus could not
• have been approved.
19
Mark Ailsworth, Peninsula Housing and Builders Association, stated a
major concern;of all. areas served by the Association is housing affordability.
H
.
e urged the Board to consider the impact a rate increase .for connection
fees would have on housing affordability before approving any rate increase.
He stated all people deserve to live in safe, decent and affordable housing,
..but not everyone can afford the traditional single .family three (3) bedroom
home. He stated there are a number of the County's citizens that need to
live in multi-family housing, but if this proposal is not. altered in some form
,
it will make it difficult to deliver affordable housing in .this County. He
referred to a contract for water service issued less than one (1) year ago in
:James City County for a master meter connection fora 210 multi-family unit
project. in which the total cost for the connection fee was $49
135.. He stated
,
that same connection fee if the proposed Ordinance is enacted in the County
would be $840,000. He stated it is difficult to consider that kind of disparity
fair and reasonable between a jurisdiction across the James River and the
County.
Supervisor Clark stated he did not believe Mr. Ailsworth knew the
needs of citizens in this County:.
Mr. Ailsworth stated that he did know that this County is growing and
~
it would not be the County it was yesterday, nor would it be the same
County tomorrow.
Supervisor. Clark pointed out that when the City of Virginia Beach
installed its new water system its water connect fees were much higher than
they are today, but after the .City dropped their debt level, it reduced water
and sewer connection fees.
Mr. Ailsworth replied it is true rates can be increased,- but they must
be defendable and considered fair and reasonable under the circumstances.
Supervisor Clark stated James City County has .had its water .and
sewer system in effect for. some time and comparing this
County to James
.
City County is therefore not a fair comparison.
Mr. Ailsworth stated he does think comparing James City County to
this County is fair because. James City County's connection rates are not
higher today than ten (10) years ago.
S
i
Cl
k i
uperv
sor
ar
nquired if Mr. Ailsworth knew the County's debt
level.
Mr. Ailsworth replied "no."
Chairman Claud closed the public hearing and called for comments
from the Board.
20
Supervisor Clark moved the Boardadopt the following Ordinance:
AN ORDINANCE. TO AMEND CHAPTER 16.1, .WATER,
ARTICLE IV. CONNECTIONS, SECTION 16.1.15, CHARGES GENERALLY,
TO ADD PROVISIONS FOR MASTER METERS
WHEREAS, .the Board of Supervisors of Isle of Wight County,. Virginia
adopted an Ordinance to provide for rates and regulations on water usage, Chapter
16.1 of the Isle of Wight County Code on November 21, 1996; and .
WHEREAS, the Ordinance adopted by the Board. of Supervisors did not
provide for master meters for water usage; and
WHEREAS, citizens have expressed an interest in having master meters in
situations of single ownership ofmultiple units; and
WHEREAS, the Board of Supervisors deems it to be in the best interests of
the citizens of Isle of Wight County to add provisions to provide for master meters
in the Water Ordinance provisions of the Isle of Wight County. Code.
NOW, THEREFOR, BE IT AND IT IS HEREBY ORDAINED by the Board.. {
of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1, Water, Article
IV Connections, Section 16.1.15, be amended to add paragraph (f) to read as
follows:
The connection fee for projects served by a master meter shall be:
Single-family, duplexes,. houses, apartments, condominiums, mobile
.home parks, hotel, motel, travel trailer complex, hospital, nursing home,
etc.
Connection fee (a) for first dwelling unit or equivalent plus $4,000 for each
.additional dwelling unit or equivalent dwelling unit.
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. j
Chairman Claud called for a public hearing on the following:
C. The request of David C. Mock for an exception to Section 5002
c (2) of the Chesapeake -Bay Preservation Area Ordinance to
allow encroachment down to fifty-five (55) feet in the Resource y
Protection Buffer of one hundred (100) .feet. Said. property is I
known as lots 9 & 10 Section F of the P.N. Davis land located on
the west side of Laurelwood Drive,. Carrollton, in Newport
Election District.
21
.Chairman Claud called for persons to .speak in favor of or in
opposition to the proposed application.
Dan .Smith: of Smithfield, representing the applicant, David C. Mock, ,
stated that the lot was originally created in 1954 and owned by Mr. Mock
since 1994. He stated the placement of the house on the lot is being driven.
by a well on an adjoining lot. He stated County septic .requirements
stipulate that the septic system must be 100 feet from any shallow well. He
stated. the Health Department has staked off where. the septic system can be
installed, but it is located out of the 100 foot RPA and the house must be
placed on the lot with the minimum side yard setback of twenty-five (25)
:feet in an effort to eliminate as much encroachment as possible. He stated
Mr. Mock desires to build a garage in the future, but the Planning
Commission indicated in its report that the primary structure was the only
structure that would be allowed so Mr. Mock .has agreed to attach the garage
to the house in order to make the house and garage one (1) structure. He
stated Mr. Mock has attempted to minimize the impact of the footprint of
the house by putting. a basement and a second story loft as the lot is only
forty (40) feet by thirty (30) feet with an eight (S) foot by forty (40) foot
porch along the front.
Chairman Claud closed the public hearing and called ,for comments
from the Board.
Supervisor MacManus asked Mr. Smith if the reason for the filtration
trenches surrounding the home is to preclude any runoff'
Mr. Smith stated the filtration trenches are located on the creek side of
the house and designed by engineers to collect runoff. He stated the
Chesapeake Bay Review Board recommends a # 1 stone verses a #57 stone.
Supervisor MacManus asked if the concrete pad in front of the
proposed garage exists already. He stated he would recommend it be gravel
as opposed to concrete which would be impervious.
Mr. Smith stated the concrete pad does not currently exist. He stated
he is confident that Mr. Mock would be agreeable if the Board wanted a
gravel pad in front of the garage verses a concrete pad.
Supervisor Clark moved the Board approve the request of David C.
Mock, as recommended by the .Planning Commission. 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
1
..
1
22
R
~~sna~ 21.r,:-~.13
Supervisor Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
1
//
Chairman Claud called for the continuation of Old Business.
Chairman Claud reminded the Board that the High Growth Coalition
meeting is scheduled for June 27, 2002. He requested interested Board
members advise Mr. Hartley if they plan on attending. '
E. Wayne Routree, Director of Public. Utilities, requested the Board
authorize staff to request a sixty (60) days extension from the State Health
Department time frame given the County to respond to the draft. consent
orders. He stated .that during .such time frame, staff will submit the
preliminary engineering report to the State Health Department .for use in
beginning negotiations.
1
Supervisor Bradshaw moved the Board request a sixty (60) -days
extension from the State Health Department on the time frame given the
County to respond to the draft consent orders. During that time .frame, staff
is to submit the preliminary engineering report. to the State Health
Department. for use in beginning negotiations. 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 Bradshaw moved the Board direct staff work with the
Electoral Board and the Registrar and bring back a recommendation to the
Board regarding improving the conditions at the Pons Precinct. 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 requested Mr. Hartley address the Planning
Commission's feedback on the proposed Smithfield Commons development.
1
Mr. Hartley .stated that the Planning Commission directed stag' to
invite. the developer of Smithfield .Commons (Donald Davis) to be at its next
meeting on July 9, 2002 to make a brief presentation on the project and that
he anticipates bringing a recommendation back to the Board at its August 1,
2002 meeting. He stated the Planning Commission. is also waiting for
information from the Town of Smithfield on trafl=lc impacts. He stated the
Planning Commission for the Town of Smithfield met on June 11, 2002 and
held a public hearing. Hestated because of an advertisingerror, the public
hearing must be rescheduled.
Dan Smith stated. the Smithfield Planning Commission last month
tabled consideration of -the proposed development and the Town of
23
s
Smithfield had contracted with a firm to analyze any offsite impact fees. He
stated regarding the rezoning request, the Town of Smithfield has identified
certain capital improvements for 2003 fiscal year to include a water tower on
Battery Park Road; $50,000 for a turn lane and .stop light at Battery Park;
and, funds earmarked to perform a study to identify an appropriate design of
Battery Park Road. He stated the traffic impact reports submitted by the two
(2) applicants have been sent off for review. He noted that the Town is
aware of the impact on Battery Park Road and. is trying to make the
developers realize that as improvements need to be made they will have to
participate in the process. He stated the ~ Planning Commission
recommended to the Town Council that the application be approved and. that
the Council sent it to the Town's Public Buildings and Welfare Committee
which recommended it be sent back to the Planning Commission. He stated
the impact studies are not expected for approximately forty-five (45) more
days and there will most likely be ongoing negotiations in the interim.
Mr. Hartley stated staff is trying to get the Hampton Roads Planning
District Commission, through the Transportation Technical Committee, to
add that corridor as a future corridor for road improvements in the regional
transportation plans. He stated in July staff would begin the process of
working on a transportation plan for the County of which this corridor will
be a priority.
Regarding the concerns expressed by Michael Uzzell, Supervisor
Bradshaw moved the Board request a recommendation from the Electoral
Board. and the Registrar regarding Mr. Uzzell's recommendation to close
schools on Election Day and have precincts located at school facilities in the
County. The motion was adopted with Supervisors MacManus, Bradby,
..Bradshaw. and Claud voting in favor of the. motion (4-1) and Supervisor
Claud voting against the .motion.
Chairman Claud stated he does not know that there has been a
demonstrated need. to close schools on Election Day and to have precincts
located at school. facilities in the County.
//
Chairman Claud called for New Business.
//
There. was no new business offered for discussion by the Board.
Supervisor MacManus requested a closed session under Section 2.2-
3711 A7 for advice of counsel regarding probable or actual legal action..
1
1
24
1
Chairman Claud requested a closed session under Section 2.2-3711
A7 _regarding probable or actual litigation matter requiring the advice of
counsel.
Chairman Claud 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 .Bradshaw 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 affirmative recorded vote and in accordance with the
provisions ofthe-Virginia Freedom of Information Act; and,
WHEREAS,. 2.2-3712D 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
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
1
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 Clark voted "aye" to the Resolution of Certification that
while he .was present in closed session at the Board's regular meeting of
25
June 6, 2002 the only matters discussed in closed session were those matters
identified in the motion to enter. closed session and those matters qualified
for closed session discussion under 2.2-3212 D of the Freedom of
Information Act.
~~ <
Chairman Claud moved the Board continue its meeting unti14:00 p.m.
on .July 9, 2002 at which time the Board would convene for closed session
matters. 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.
Staff was requested to advertise in the newspapers that the Board
.would hold only one (1) meeting in the month of July which will be on July
9, 2002 at 6:00 p.m. with public hearings. to be held at 7:00 p.m.
Robert C. Claud, Sr., Chairman
26