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10-17-2002 Regular Meetingn r~ i~ 80OK ~~ i;,;;~ ~~J REGULAR• MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH .DAY OF OCTOBER 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 Crook, Jr., County Attorney W. Douglas Casket', 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. // Chairman Claud delivered the invocation. II !/ The Pledge of Allegiance was conducted. // Chairman Claud called far Special Presentations. Chairman Claud read the following resolution recognizing H. Woodrow Crook, Jr., for his years of service to the County: Resolution of Appreciation to H. Woodrow Crook, Jr. Upon the Completion of his Services 11 Whereas, H. Woodrow Crook, Jr. has served faithfully from January 4, 1968 until October 31, .2002 as the County Attorney for Isle of .Wight County, Virginia, .thereby providing legal consultation and guidance to the Board of Supervisors, Planning Commission, Board of Zoning Appeals, Social Services, County Offices and Departments, .and other County Boards and Commissions; and, l i eD~OK 2~ ~M~~270 Whereas, during his long and distinguished- tenure he was instrumental in successfully overseeing tremendous change, growth. and progress within Isle of Wight County; and, Whereas, he has contributed substantially to the success of the Board of Supervisors' objectives through his professional insight, broad experience and strong leadership; and, Whereas, his exemplary service, immeasurable contributions and longstanding dedication. to Isle of Wight County have materially .improved. the quality of life for the .citizens of Isle of Wight County, Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that H. Woodrow Crook, Jr., be recognized and ..commended for his outstanding service to .Isle of Wight. County, and is presented this Resolution as a token of the Board's gratitude and esteem; and,- Be It Further Resolved, that the Isle of Wight County Board of Supervisors extends to H. Woodrow Crook, Jr., its best wishes. for his future endeavors and orders that a copy of this Resolution be spread .upon the minutes of this Board this seventeenth day of October 2002. Supervisor Bradby moved. the Board adopt the above Resolution. 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. Karen Casey,- Operations Supervisor, Isle of Wight County Parks and Recreation, formally introduced the winners of the Miss Isle of Wight County Fair Pageant to the Board. John.. S..Hadfield, Executive Director, Southeastern Public Service Authority (SPSA), briefed the Board on the recent activities and future plans of SPSA. He stated SPSA is committed to enhancing and protecting the environment as demonstrated last year by only 38% of the waste managed by SPSA going into the landfill. He noted he would be returning to address the Board on a regular basis in an effort to maintain a good relationship. Matt Favre, Director of Operations, Charter Communications, briefed the Board on -the cable rebuild in the County. He stated all existing service areas have been upgraded to the new .channel line-up and are digital ready. He stated high speed .has been launched in approximately 95% of the service area. He stated ,Charter has designated. channel 22 for its customers that explains how to use. digital boxes, trouble shooting tips. and information. about digital services. He ~I ~I Z .. 1 [] D ~oa~ 21 ~N~~271 stated .the Isle of Wight channel is now in Windsor and Charter is now airing the Hampton Roads Transportation Initiative. Supervisor Clark advised that he is still receiving. a number of cable complaints from. constituents in his area. Mr. Favre requested Supervisor Clark provide him with the names of these individuals so that he could address their complaints personally. Supervisor. Bradby reiterated the concern expressed by Theron Blount at the Board's October 3, 2002 meeting regarding the amount of time his cable reception had been down and that he had not received a credit on -his bills .for any downtime he was promised. Chairman Claud recommended Mr. Blount meet with Mr. Favre to resolve his concerns. Chairman Claud recognized Richard O. Childress, Director of Emergency Management, -who recently completed all requirements for certification in the Professional Development Series in Emergency Management, as administered. by the Federal Emergency Management Agency (FEMA). He -noted that .there are only a total of 37 individuals statewide who have gained such certification. /I Following a recommendation from County .Administrator. Casket', Supervisor Bradshaw moved the Board amend the regular-order of the agenda. The motion was adopted unanimously (5-0). County Administrator Casket' presented a sponsorship request from three (3) Windsor High School Varsity Cheerleaders to participate in the Macy's Thanksgiving Day Parade in November, 2002. Supervisor. Bradshaw moved the Board appropriate $1,000 from the FY2002-03 Contingency Fund. 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 // Supervisor Bradshaw moved the Board return to the regular order of the a en g da. The motion was adopted unanimously (5-0). // Chairman Claud indicated the following Consent Agenda included Items 2, A through L: ; 3 B~o~ 21 r~cr272 A. ' FY02-03' Fire Funds Program B. Administration Building - Architectural/Engineering Services RFP C. Appropriation of Carryover Operating and ,Capital Projects Funding - FY01-02' D. Capital Improvements Plan (CIP) FY2004-08 Kick-off E. The request of Alice Lupton for the "Relaxation Station" to install a 3' by 8' panel in an existing cabinet at 14526 Benn's Church Boulevard, Smithfield in -the Windsor Election District which is located in the St. Luke's Historic District. F. Subdivision Plats of Wrenn's Mill Estates Section 4A, Section 4C, Section 4D and Section 4D1, property of Wrenn's Mill Partnership, Hardy Magisterial District, Tax Parcel No.(s) 13D- 03-1,2,3,4 G. Preliminary Subdivision Plat of Eagle Harbor Tract 2, Phase 2, property of Eagle Harbor LLC, .Smith's Neck Road (Route 669), Newport Magisterial District,. Tax Parcel No. 34-01-003 H. Preliminary Subdivision .Plat of Eagle Harbor Tract 1 Phases 1 & 2, property of -Eagle Harbor. LLC, Smith's Neck. Road (Route 669), Newport Magisterial District, Tax Parcel No. 34-01-003 I. Preliminary Subdivision Plat of Eagle Harbor Tract 3, property of Eagle Harbor LLC, Carrollton Boulevard (U.S. Route l7), Newport Magisterial District, Tax Parcel No. 34-01-003 J. Preliminary Subdivision Plat of Eagle Harbor. Northgate Drive, property of Eagle Harbor LLC, Carrollton Boulevard. (U.S. Route 17), Newport Magisterial District, Tax Parce134-01-003 K. Delinquent Real Estate Tax Collection Monthly Report L. September 19, 2002 Regular Meeting Minutes Chairman Claud asked if there .were any items.. for removal. Supervisor MacManus moved the Board remove Items ~ and (E) and adopt all .remaining. items of the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in - favor of the motion (5-0) and no Supervisors voting against the motion. .. ~i ~I 1 4 ~~ 8001( ~~ %M~273 Regarding Item ©on the. Consent. Agenda, Supervisor MacManus moved the Board approve .the Appropriation of Carryover Operating and .Capital Projects Funding - FY01-D2', as presented. 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. Regarding Item (E) on the Consent Agenda, Supervisor MacManus moved the Board approve :the request of Alice Lupton for the "Relaxation Station" to install a 3' by 8' panel in an existing cabinet at 14526 Benn's Church Boulevard, Smithfield in the Windsor Election District which is located in the St. Luke's Historic District, as listed on the Consent Agenda with the condition that it only apply to this one {1) business owner. In the meantime, hopefully the County will have adopted amended ordinances so that the clause about being "grandfathered for life" on signs does not stand in the County's current ordinances .and that the Board does have the' ability to .capture- current ordinances with .every change. 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. Jonathan W. Hartley, Director of Planning and Zoning, noted contained in the agenda is an outline to guide the discussion at the Board's quarterly meeting with the VDOT District Administrator, scheduled for November 5, 2002. Chairman Claud asked. that the Windsor Town Manager be invited to the quarterly meeting and that the center turn lanes. in Windsor be added to the agenda.. Supervisor MacManus requested Mr. Hartley add as discussion topics under "Other" the clearing of ditches .and shoulders, Pave-in- Place and Rustic Roads. Supervisor Bradshaw requested Mr. Hartley add Route 620 to the agenda. Supervisor. Bradshaw requested Mr. Hartley contact VDOT to express his concern with the recent flooding that occurred on Route 620. He noted he would like to meet on-site with the VDOT Resident Engineer and affected citizens. 1/ Chairman Claud called far Citizens Comments.. S e~~~ 21 ~~~r~74 Ed Easter of Hideaway Lane in Carrollton discussed. his dissatisfaction with the recent reassessment of his property. He stated he did not understand why land values that are almost equal are assessed at different rates. He .stated he was notified by the Board of Equalization that no justification for changing the value of his land has been established since his property does not appear to be appraised in excess of fair market value, nor did it .appear to be out-of line with similar properties. ' In response to Supervisor Bradshaw's question as to .what further relief Mr. Easter has, County Attorney Crook advised that he could make an appeal to the Circuit Court if he was not satisfied with the decision he received from the Board of Equalization. // 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 Public Hearings. A. An .Ordinance to Amend the Tax Levy Ordinance to Reduce the Tax Rate From $0.77 to $0.75 For Real Estate County Attorney Crook stated pursuant to State statute, the Board held a public hearing which requires a public hearing when the reassessment produces more revenue than the preceding year by a statutory prescribed amount. He stated the Board, at that time, looked at the revenue that would be generated. by the existing tax rate and the Board chose to reduce the tax rate. He stated to reduce the tax raterequires an amendment to the County's Tax Levy Ordinance. .Chairman. Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND AN ORDINANCE TO IMPOSE TAX LEVIES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2002 THROUGH JUNE 30, 2003 TO SET ~I 6 ~I 80.OK ~~ %A^r2 ! 5 THE REAL ESTATE TAX RATE AFTER THE GENERAL REASSESSMENT D WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, after properly publishing Notice and holding. a public hearing, adopted an Ordinance to Impose Tax Levies for Isle of Wight County,. Virginia, for fiscal. year July 1, 2002 through June 30, 2003, on June 6, 2002. The :Tax Levies Ordinance adopted by the Board of Supervisors as aforesaid, levied tax for the fiscal year beginning Jul 1, 2002 at $0.77 per one hundred dollars of assessed. valuation on all taxable real estate; and ..WHEREAS, the general reassessment of real property for the County of Isle of Wight, concluded June 30, 2002, increased fair market assessments of real estate by l2% and which, at the current rate. of $0.'7 .per one hundred. dollars would result in increase of more than one percent in the total real property tax levied. And WHEREAS, Section 58. I -3321 of the Code- of Virginia of -1950, as amended,- requires governing body to hold .public hearing to set a tax rate on real. estate after a general reassessment.as therein provided.. 1 -NOW, BE IT AND IT IS HEREBY. ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, to-wit: That paragraph (1) An Ordinance to Impose Tax Levies For Isle of Wight. County, Virginia For Fiscal Year July 1, 2002 Through June 30, 2003, adapted the 6`i' day of June, 2002, be amended to read as follows: (1) .That. there is hereby levied for the fiscal year beginning July 1, 2002, a tax of $ per one hundred. dollars of assessed valuation on all taxable real estate, and all real and personal property of public service. corporations in accordance with Section 58.1-2f Ob of the Code of Virginia, as amended. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Chairman Claud called for a public hearing on the following: B. The request of R. L. Tillett, Inc. to change the Land Use Designation of approximately 7.3 acres of land from Conservation Development to Planned Industrial. Said land is located on the north side of Carrsville Highway at 2397 Carrsville Highway, Carrsville, in the Camptown Development Service District. 7 Book 21 ~~~f276 Mr. Hartley stated he is appearing on behalf of Patrick J. Small, Economic Development Director, who is out of town. He stated because the building has been vacant for the last four (4) years the grandfathering status of that property has been lost and this: rezoning request is for zoning the land General- Industrial to be consistent with the use that is .there now. He stated this property. has always been in the Development Service District-and was inadvertently left .out during .the preparation of the amendment to the Comprehensive Plan in 2000-2001. He stated the Planning Commission considered this request at its meeting in October, 2002 and recommended approval. Chairman Claud called for persons to .speak irr favor of or in opposition to the proposed request. No one .appeared. Chairman Claud closed the .public- hearing and called for comments from the Board. Supervisor MacManus inquired what the landscaping plans. are for this ProPerty• Mr. Hartley stated it was discussed informally the intention of the purchaser to do some landscaping out .front although there was no proffer offered in this regard. He stated the purchaser has proffered. semi-tractor trailers will not be using the front for access. Supervisor MacManus inquired if the applicant was willing to provide andscaping in front of the property as it does have a great deal of frontage along Route S8 (Carrsville Highway). Mr. Hartley: stated the applicant did indicate they were willing to do some landscaping, but they did not want to proffer that at this time. .Supervisors MacManus and Clark commented that the applicant sh~~~ld have been willing to offer a landscaping proffer. Supervisor Bradshaw moved the Board approve the request of R. L. Tillett, Inc. The. motion was adopted with Supervisors Bradby, Bradshaw and.Claud voting in favor of the motion (3-2) and Supervisors MacManus and Clark voting against the motion. Chairman Claud called for a public hearing on the following: C. The application of James Earl Scott for a change in zoning classification from RAC to Conditional CC, approximately 13 acres of land .located on .the west side of Carroll Bridge Road 1 ~~I 8 r. soon 21r„!;~??? (Route 654) south of Uzzle's Church Road (Route 692) in the Windsor Election District. The purpose of the application is for two single-family residential lots, as conditioned. u Mr. Hartley stated this application was considered by the Planning Commission in September, 2002 and .because of additional information. that was. provided at that time it was staff's and the Chairman's opinion that the application should be considered again by the Planning Commission at its. meeting in October,: 2002. He stated at that meeting, the Planning Commission -tabled this application and therefore there is no recommendation from-the .Planning Commission. He recommended the Board table the public hearing at this time. Supervisor Clark moved the Board return the application of James Ea~~.l Scott to the Planning Commission until they take action. 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: D. The application of Kevin R. Chappell and Joyce Hansen for an exception to the Chesapeake Bay Preservation Area Ordinance Section 5002 c(2), specifically to allow .encroachment into the one .hundred (100) foot Resource. Protection Area. Buffer. The. property is located on .approximately 10 acres of land located on the west side of Cedar Grove Road (Route 661) approximately .4 mile west of its intersection with Carrollton Boulevard. (Route 17) in the Newport Election District. Cl Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Donald Davis, Professional Land Surveyor, Davis & Associates, stated the property is two (2) parcels of land totaling approximately 10.1 acres. He .stated the Planning Commission at its September, 2002 meeting did approve the application by split vote. He stated the property was recorded prior to the Chesapeake Bay Act. He stated Lee Tyson, staff .member with the Chesapeake Bay Local Assistance Department in Richmond, has documented concerns on this property because the. house could be built outside of the RPA buffer, however, by moving the house back the applicant is a substantial distance from the water and from this location the water can not be seen. He stated a Water Quality Impact Analysis has been prepared and submitted which-has been reviewed by the. State-.and the applicant is proposing to put a vegetated BMP. He stated the final regulations adopted by the Chesapeake Bay Local Assistance Department states that in a case of this nature an exception eo-ald be granted. if the .Board .finds there is a relief 9 soon 21 ~~~f278 needed due to hardships. He stated a minimum of 225 shrubs would be planted to further filter the run-off effects of this property. Joyce Hansen, the applicant, requested the Board approve the application. Thomas Finderson distributed to the Board a photograph of the property. He stated adverse effects of human activities that overload RPA areas are planting a yard around a house or removing a tree. He stated it is because buffer areas are so sensitive that they-are protected. He stated these lands are special, as areas that are. c:osest to the water are the most sensitive. Nancy Guill of Rescue stated Mr. Tyson's. mention of .unique topography was referring to land .that created a hardship so that the land. could not be built upon. She stated this i not a hardship case and the Board has indicated in the past that it would begin respecting the Chesapeake Bay Act- which is the precedent the citizens would like to see this County continue. Pat Clark of Carrollton stated he was present at the Planning Commission when it was first discussed. He stated if the encroachments. are honored for this application, then the litigation with the Buddhist temple will go out the window. He stated his biggest. problem is the impact this will have on the rest of the Board's decisions when the big developers want to ask for encroachments. Peter Munsel of Carrollton stated he was also at the Planning Commission meeting when this was first discussed and he was distressed at some of the comments of the Commissioners with regard to the Chesapeake Bay Act.. He stated encroachments into the RPA should be for hardship situations only and he urged the Board to deny the application, Chairman Claud closed the public .hearing and called for comments from the Board. Supervisor MacManus inquired if the exceptions as delineated by the Chesapeake Bay Local Assistance Department in 2002 were applicable in this case.- County Attorney Crook stated he understands the exception is if there is buildable area outside of .the RPA there should not be any encroachment in the buffer. area. Supervisor Bradshaw inquired if the Board approves this application what precedent would it be setting for future applications. County Attorney Crook stated if the Board approves this application it would be setting a precedent, which will have a legal impact in court. ~i 1 10 _,.. r. 800M 21 r~~i'~ I t3 Supervisor: Bradshaw stated when he was Chairman he did state to the Chesapeake Bay Local Assistance Department Board that this Board would adhere to the. Chesapeake Bay Local Assistance Department's laws and policies and from that day forward the Board would set the practice of this Board that it would send every exception to the Chesapeake Bay Local Assistance Department for their. recommendation. He stated he could not support this application based on his honor in the message that he sent to the Chesapeake Bay Local Assistance Board. . Supervisor Clark stated the Act is a law passed by the General. ..Assembly and as alaw-abiding body this Board has an obligation to follow the -law. He stated the law is very. clear and states that if there is buildable.. property that it does not qualify for an exception. Supervisor MacManus stated he could not support the application due to it setting a precedent and because there is buildable land on which a home can be placed on this property. Chairman Claud stated it is difficult when there is not going to be a negative ~ impact on the Act, however, he understands the law and the commitments the Board has made as County. Supervisor Clark moved the Board deny the request of Kevin R. Chappell and Joyce Hansen to allow encroachment into the one hundred (100) foot Resource Protection Area Buffer. 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 a public hearing on the following: . E. The application of Kevin Chappell, owner and Joyce Hansen, prospective owner, for a Conditional Use Permit to occupy a mobile home temporarily, for two years, while building a single family residence on approximately 10 acres of land located on the west side of Cedar Grove Road (Route 661) approximately .4 mile west of its intersection with Carrollton Boulevard (Route 17) in the Newport Election District. 1 Chairman Claud called for persons to speak in favor. of or in opposition to the proposed application. Donald Davis, Professional Land Surveyor .with Davis. & Associates, stated the applicant is requesting an exception to occupy a mobile home temporarily, for two years, while building asingle-family residence on approximately 10 acres of land. He stated the trailer .would be located outside of the RPA and in the RMA itself, which is allowed by Gode. it BO~k 2~ :•~~+200 Joyce Hansen, the applicant, stated she has sold her home and her contract is contingent upon approval of this application. She stated she is anxious to move ahead so she can close on the property. Chairman Claud closed the public hearing and called for .comments from the. Board. Supervisor Clark' moved. the Board. approve the request of Kevin Chappell and Joyce Hansen for a Conditional Use Permit, 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: F. The application of University Square Associates for a change in zoning classification from .Conditional-L1 to Conditional General Commercial, 9.7 acres of land .and to amend the proffered conditions and site plan. Said property is located on the north side of Carrollton Boulevard (Route 17) at its intersection with Brewers Neck Boulevard (Route 32), west of Channel Way. (Route 662/6b3) in Newport Election District. ,The purpose of the application. is for aretail shopping center,.as .conditioned. Chairman .Claud .called for persons to speak in favor of or in opposition to-the proposed application. William H. Riddick, Attorney, stated in order to handle the drainage - for the .property, the applicant is proposing a landscape buffer down the entire length'of Route 10 .with ponds as BMP structures. He stated in order to accomplish this, all existing vegetation must be .removed. and the applicant is proffering a landscape plan .for the purpose of handling drainage and providing the necessary landscaping that is required under the Highway .Corridor Overlay District. He stated .all .street .and intersection improvements would be built in accordance with he concept plan and the applicants have proffered that any that would be required as a result of the traffic impact analysis approved by VDOT would be constructed.. He stated lighting would be on thirty (30) foot poles with direct cut-off lights and the BMPs would be maintained in accordance with a .plan provided to the County in accordance. with. the County's. ordinance. He stated the applicant has proffered a SO foot buffer back to the first cut-off on Channel Way and a 35 foot buffer the remainder of the way as landscaped on the concept plan. He stated the applicant has agreed to install an Opticon ystem at: his expense and internal setbacks have been increased to .satisfy staff's concerns. He .stated traffic flow has. also been improved and aerator fountains in the: BMP ponds along the road for visual effect. 12 ~i w, ~I ,~ 80Q1- ~~ rACf~V~ Nancy Guill of Rescue stated it appears that the developer has truly tried to work with the County: and it seems like he is really trying to do what the County wants him to do. James Brown :expressed concern with the .intersection with Route 662 (Channel Way, Deep Bottom Road) which can be dangerous making a left turn. Restated he owns property that is bounded by Deep Bottom Road all the way to the creek. He statedthere could be a drainage problem with the way the land is sloped if the drainage is directed that way. Calvin Davis, Operations Partner, University Square Associates, stated there would not be any drainage coming from Channel Way. Mr. Brown suggested traffic signals- or lights be installed at .the shopping center. He noted this is a very dangerous intersection. Brandon White of Smithfield stated he is happy to see that developers are coming into the County and bringing a supplemental source of income to the area. Peter Munsel of Carrollton stated he is opposed to two (2) outlets going to Channel Way because of its current width. 1 1 .Chairman Claud closed the public hearing and called for comments from the Board. Supervisor MacManus inquired why the developer did not state "BMPs" as opposed to specifically stating just two (2) BMPs that would have the fountains to maintain the appearance along Route 17. Mr. Davis stated he did not have a problem with all BMPs along Route. 17 having some type of aeration system. Supervisor MacManus inquired. if it is proffered that the out-parcels would be of a 360 degree design. Mr. Davis .stated he plans to use the covenants .and restrictions used in Williamsburg in the County. He stated there will be a certain architectural style in the shopping center that is already proffered and what is expected is that anyone coming in on the ,out. parcels must complement that style either in materials or in architectural styles. Supervisor MaclVianus inquired why Mr. Davis did not compiy with the County's .:ordinance requirement of every ten (10) parking ,spaces that there be an island. 13 800p 21 ~AGF~O~ attorney Riddick stated his client has proffered that there would be an island every ten (10) parking .spaces, however, the Planning Commission thought this plan was more harmonious and a better layout..- Supervisor Clark .inquired about the appearance of the back end of the shopping center, Mr. Davis stated he has agreed that the lighting system for security would be facing the building and there will most likely be a berm with a series of .evergreens that would. continuously run' the entire length of the shopping center. .Supervisor Bradshaw inquired if the traffic impact study was based on current traffic flows with this development or did it take into consideration full. build-out of Eagle Harbor. Mr. Hartley replied that the traffic, impact study did. include the full build-out of the Eagle Harbor development and approval by VDOT. He stated VDOT willrequirethe traffic study be updated when Phase II goes in to ensure that all the turning movements are being addressed and are adequately addressed. Supervisor Bradshaw stated it is his understanding the traffic study does not take-into consideration the projects that are in the process of being developed on Route l7 or the full build-out of alt of Eagles Harbor or Founders Pointe. He .stated he is not against the project, but he is concerned with the safety of the County's children and citizens. Mr. Hartley referred to proffer (6) on page.2 which gives the County the ability to scrutinize whether there is a need for additional improvements with the development of Phase IL Supervisor Bradshaw inquired where the additional right-of--way would come .from to build additional lanes if Route 17 has to go to six (6) lanes in-.the future to handle additional traffic. Attorney Riddick stated the .developer, is responsible for putting the extra lane in as part of the design. Supervisor Bradshaw stated he is referring to.six (6) lanes all the way up Route 1 ?from the James River Bridge and into Suffolk. ,~ Attorney Riddick stated the traffic impact analysis was done based on assumptions when the. connector road was present and it took into consideration a far higher traffic count than what is proposed now that the- .: connector road is out of the picture. fl 11 1 14 r II eoo~ 21 racr2~3 Mr. Davis stated in commercial business, if he can't allow for a person -that is elderly with less reaction time and visibility time to come- and leave this facility at night, this person wily never come back. He .stated in commercial dealings, major connectors are viewed entirely different and he . wants to ensure that the circulation at the shopping center. is above. par because if it is hard :for a motorist to get in and out of the shopping center safely, people will not come back and there will be vacancies. He stated he is coming to the County as a good neighbor and he is going to be conscious of these things.: Supervisor Bradshaw stated he is not concerned about the appearance of the shopping center being developed as he feels the developer has done an outstanding .job, rather his concern is with the .safety of those .traveling the entire corridor. He stated he does not believe the traffic flow has been adequately addressed.. Supervisor MacManus moved the Board approve .the. application of University Square Associates with modification to Proffer # 16 as discussed with the applicant (additional area) with the note that he is looking for staff to hold the applicant up to .the vision provided to the Board tonight. The motion was adopted with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting. against the motion. County Administrator Casket'. requested clarification of whether any amendment to a proffer must. be in writing prior to the public hearing. County Attorney Crook advised that this is not a substantially different proffer, but a change to cover the BMPs, so that it says that there would be an aerator in each of the MPB ponds located in the proffer. County Administrator Casket' referred to proffer @3 wherein it states the .applicant agrees to .develop the .commercial shopping center in accordance with Phase I and Phase II. He stated. he reads this to mean that Mr. Davis, as the applicant before the Board tonight, will not change hands in the future, as in the past. 11 Mr. Davis stated a package has been .put together that regardless of who it is he has got to perform to the highest level. He stated he is trying to get this to where his personality is not into it, it is required and if the property ever :moves again, then these requirements float. with it. He stated he does not. want the project tied to him or anyone. He stated he has no intentions of selling the property now, but he wants to put together a system of good planning .issues and address them. He stated zoning does not go with a person's name, it goes with a piece of land. County Administrator Casket' stated he simply wants the Board to know that there is a possibility thatthe land can be sold. L_ _ ..~. 15 BOOk 21r~~~284 Supervisor Bradby stated he also has a concern with traffic safety and he hopes the developer takes this into consideration when developing the project. He encouraged the .developer to take into, .consideration Mr, Brown's concerns .mentioned tonight with .drainage. Supervisor Bradshaw stated he did vote in favor, .very reluctantly, and he .has trust and confidence in the other Board members' and the developer that they will ensure that the traffic flow and other issues raised with the safety of the citizens of this County will be ;taken into consideration // Supervisor Bradshaw moved the. Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // . Chairman Claud called for the continuation of Citizens Comments. Phillip. Van Cleve, President of the Virginia Citizens Defense League, requested the Board remove all signs containing. language banning handguns in County parks. and bring the County into compliance. with applicable State statutes. Chairman Claud advised Mr. Van Cleve that the issue has been addressed. Grace Keen spoke in favor of real estate tax exemptions for t)1e elderly -and handicapped. // Chairman Claud called for the County Attorney's report. County Attorney Crook distributed a copy of a model ordinance on the regulation of open burning for the Board's review .pursuant to .request. Chairman Claud recommended the .Board review the ordinance and move forward, as appropriate. County Attorney Crook reported that hehad responded to the Virginia Beach City Manager .concerning the Lake Gaston water. He noted copies of .this letter are contained in his report to the Board. 1 1 16 ,~ e~h 21 ~~vr285 County Attorney Crook .noted that copies of the water/sewer ordinance have .been forwarded. to the County Administrator for distribution to the Board. 1 County Attorney Crook reported Computex has responded to the model agreement sent to them with some requested changes and he has a meeting with their attorney on Monday .morning to negotiate the franchise agreement. County Attorney Crook reported that he has sent the Model Franchise Agreement. to Charter Communications for its review. County Attorney. Crook advised he had two (2} matters for closed sessionlater in the meeting. // Chairman Claud called for the County Administrator's report 1 County Administrator Casket' stated in view of anticipated reductions in State funding and what impact that may have on the County's budget. He recommended the Board adopt a policy to serve. as an official budget guideline which would notify and advise all .appropriate agencies, boards and commissions that have previously been funded by the County, as well as those who are anticipating requesting funds from the County that the County would not absorb or replace that funding with local funding. Chairman Claud moved the Board. direct stafF to draft a policy for the Board's consideration at its November 7, 2002 meeting dealing. with anticipated reductions in State funding. 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 recommended the policy be .sent- to the County's legislative delegation in anticipation of discussion at the Board's retreat. Supervisor Bradshaw stated the .Social Services Board voted to discontinue certain services in the General Relief Fund because of the cuts coming from the State. Mr. Hartley advised the Board that a .Community Design Workshop for the Newport Development Service District is scheduled for October 29, 2002. // Chairman Claud called for Old Business. 17 804h ~~rp~f~~' 6 A. Commission on Aging Report .Supervisor Bradshaw moved the Board direct staff to forward the information. to the Commission on Aging. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the. motion (5-0} and no Supervisors voting against the motion. ~~ B. Tax Relief Program for the Elderly and Handicapped Supervisor Bradshaw stated he would like to know the poverty level for the County .and requested the Director of Budget and Finance provide. him with the income amount.. He stated the Social. Services Board has undertaken the task of how to go about communicating to the senior citizens about available.programs. Supervisor Clark recommended staff continue to list this item under Old Business until the matter is resolved. Chairman Claud recommended staff prepare and send to the Board another package to include the existing ordinance and the information the County Attorney sent regarding what the County can do, as well as any other relevant information. Supervisor Clark inquired if the County has any authority to regulate gun signage in County parks and recreation areas. County Attorney Crook advised that the County does not have the authority to adopt an ordinance that would limit. possession of lawfully held handguns in County parks. He stated the County has the ability to control hunting, shooting and weapons on or near parks and school property only. Supervisor Clark stated he is not anti-gun and he believes in the Second Amendment of the Constitution of the. United States to keep and bear arms, however, guns and kids do not mix. Supervisor Bradby stated Nike Park was .given to the County by the Federal Government for citizens to enjoywho meet at this facility on a daily basis. He asked what kind of signal is being sent to the young people of this County when guns are being allowed in parks. He stated guns are designed to kill and. he hates to see this kind of message being sent in this County. He .stated if the County does not stand for something, it will fall for anything. Chairman Claud stated he shared Supervisor Bradby's concerns and the County's hope for relief lies within the General Assembly. /! I 18 } ' eo~K 21 ~~~~2$`~ Chairman Claud called for New Business. Supervisor MacManus noted the Virginian Pilot contained an article - about the City of Chesapeake increasing their parks and. recreation fees for all new homes from $ l 00 to $1,000. He stated this- is an impact fee that is built into their Subdivision Ordinance and he would like staff to investigate this issue. He stated it seems more like the impact. fee. legally being achieved at a city level.. Supervisor MacManus moved the. Board direct staff investigate how the City of Chesapeake is able to have a fee for all new homes at $100 and, if applicable to the County, provide data to the Board on how the City of Chesapeake accomplishes. such a fee and what the County needs to do in order to pursue implementing such afee. -The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // County Attorney Crook requested a closed session under .Section 2.2-3711 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.2-3711 A3 concerning discussion of negotiations for acquisition of property for public purposes. Supervisor MacManus requested a closed session under Section 2.2-3711 A7 of the Freedom. of Information Act for advice of counsel concerning a matter of potential litigation. Supervisor .Bradshaw requested a .closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning two (2) personnel matters. Supervisor Clark requested a closed session under Section 2.2- 3711 Al of the Freedom of Information Act concerning a personnel matter. 1 County Administrator Casket' requested a ..closed session under Section 2.2-3711 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.2-3711. A7 concerning a contractual matter requiring advice of counsel. Supervisor Clark 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. 19 8~~~ ~~ rk~~~VV .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 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 such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby .certifies that, to the best of .each member's knowledge, (i) only public business matters lawfully exempted from open .meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public. business matters as were identified in the motion convening the .closed meeting were heard, discussed or considered by the Board of Supervisors.. VOTE AYES.: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: U 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 he motion. Supervisor Bradshaw moved the Board authorize the Chairman to sign the employment agreement with the County Administrator. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors ,voting against the motion. County Attorney Crook distributed copies of the Water and Sewer Ordinance .amendments and recommended the Board review them before taking action to have them advertised for public hearing. // . 20 1 1 1 .. 804K ~~ ~a~.2VV At 10:15. p.m., Supervisor Clark moved the Board adjourn. The motion was adopted unanimously (5-0}. Robert C. Claud, Sr., Chairman