Loading...
12-19-2002 Regular Meeting eooa 21:~c:~65 1 REGULAR .MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE NINETEENTH DAY OF DECEMBER 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: Jacob- P. Stroman, N, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Adminstrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 2:00 p.m. /! Supervisor Bradshaw delivered the invocation. 1 // The Pledge of Allegiance was conducted. t/ Chairman Claud called -for Special Presentations. Chris Toney, Goodman & Company, Inc. presented .the County's Financial Audit Report for the year. ended :June 30, 2002. Supervisor .Bradshaw stated the Management Letter noted that cash transfers have not yet been addressed. He inquired if the GASB 34 implementation next year would make this more signif cant. Mr. Toney stated he did not believe it would take on any more significance next year than this year; .however, Goodman & Company would not list this as a comment if it were not important and appropriate. Supervisor Bradshaw noted Goodman & Company has also addressed in the last several audits the method by which the Treasurer is maintaining the Special Welfare funds. Mr. Toney commented that the Special Welfare funds should be more correctly maintained. 1 eooK 21 ~~vt366 . Supervisor Bradshaw inquired how many.. bank accounts .are being utilized. Mr. Toney noted he would provide Supervisor Bradshaw. with the bank accounts that had very little. activity. He noted bank accounts must be reconciled, and if these were not needed or necessary one would question why they would continue to be maintained. He recommended these accounts be reviewed -with the idea of consolidating and eliminating accounts that are not necessary. Supervisor. Bradshaw referenced the School Board encumbrances listed on the combined balance sheet. He stated he believes the public .should be made aware. that .the schools had a $900,000 commitment in expenditures. at the close of .the fiscal year whereas the County only had $65,000. Supervisor Bradshaw .noted that Audit Report for Fiscal Year 2002 reflects $650,000,000 in Machinery & Tools Tax; .however, Fiscal Year ,2001 reflects $671,000,000 in the Machinery & Tools Tax which. illustrates a decrease of $21.,000,000 in assessment value. Mr. Toney recommended that Supervisor .Bradshaw address the matter with the Commissioner of Revenue as to why there was a decrease in the value of personal property taxes. Supervisor Clark moved the Board receive the Financial Audit Report for the Year Ended. June 30, 2002 from Goodman & .Company, Inc.. The. motion was adopted by a vote of (5-0) with Supervisors MacPvlanus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and na Supervisors voting against the motion. Supervisor Bradshaw moved the Board request staff' to respond to the Management Letter :presented to the Board with the findings and recommendations .and come back with a corrective action plan as to how these items will be addressed, and ask the Commissioner of Revenue to .explain why: assessed values for the Machinery & Tools Tax, the Personal Property Tax and Mobile Home Tax were reduced by $21 million. Staff is to create-due dates and assignment. The motion was adopted by a vote of{5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the .motion, and no Supervisors voting against the motion. Peter Munsell, Isle of Wight Citizens Association, presented a summary of the physical impact on residential growth in the County. Chairman Claud noted the Board would .evaluate the data, as presented, and action .taken, as appropriate. 1 I I, i 2 1 1 /~ - eooK 21 •~~: X67 Chairman Claud indicated the.Consent Agenda (Item 2) included the following items: A. Resolution to Accept .and- Appropriate Bond Proceeds for Various-Capital Projects; B. Resolution to Appropriate $41,500 From the Economic Development Reserve -Fund Balance of the General Fund to the Industrial Development Authority; C. Cash Proffer. Collections -Eagle Harbor Development; D. Actions of the. Isle of Wight .County Planning Commission Meeting of December 10, 2002; E. Dry Well Replacement Program; F. Delinquent Real Estate Tax Collection Monthly Report; G. November 15, 2002 Continued Meeting Minutes; H. November 16, 2002 Continued Meeting Minutes; and, I. November 21, 2002 Regular Meeting Minutes Chairman Claud .asked if there were any. items for removal. Supervisor MacManus moved the Board approve and adopt all items contained in the Consent Agenda.. The motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Claud called for Transportation Matters. James A. Randolph, Planner, presented correspondence from VDOT notifying the Board that Barton's Landing had been accepted into the Secondary System of State Highways. Mr. Randolph noted that the VDOT Resident Engineer is present tonight to address the Board on any transportation items. Supervisor Bradshaw relayed safety concerns with accidents still occurring at the intersection at Route 258 and 58 Business. He requested .the VDOT Resident .Engineer again review the feasibility of instahing 3 eooK 21 ~~::~368 flashing lights andlor striping along the roadway in proximity to the skating rink to notify motorists before they arrive at the intersection. Supervisor Bradby requested the status of striping along Fire Tower Road. MacFarland Neblett, Resident Engineer, VDOT, noted he would bring this request to the attention of the District Traffic Engineer. Mr. Neblett advised. that VDOT has initiated the State environmental review process on Maple Lane in Windsor and clearance should be received in the next forty-five (45) days. He noted that upon approval, VDOT would move forward in-early summer. Mr. Neblett advised that the Notice. of Award on Pruden Road: is expected in January of 2003 from the VDOT Central Office and the low bidder has been determined. Mr. Neblett advised the estimated project cost for Blue Ridge Trail is $450,000 and the project is tentatively scheduled for July of 2003. Mr. Neblett noted VDOT is anticipating the .project on Sandy Ridge Road to be completed by late Fall. Mr. Neblett stated the South Johnson Avenue project in Windsor has been completed. .Barney Hall of Carrollton requested two (2) right turn lanes at the. intersection of Benns Church Boulevard and Brewer's Neck Boulevard. Supervisor Clark moved the Board direct staff to request VDOT review the request of Barney Hall for two (2) right .turn lanes. at the intersection. of .Benns Church Boulevard and Brewer's Neck Boulevard and bring a recommendation back to the Board. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Barney Hall requested a cross over at the intersection of Merritt Cove and Carrollton Boulevard. Supervisor Clark moved that the Board direct Mr. Hartley and Mr. Randolph contact Mr. Hall and report back to the Board with their recommendations on how to address Mr. Hall's concerns at the Board's January 16, 2002 meeting. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against-the: motion. ,. 11 1 1 4 ,~ eoaa 21 ~~a~~69 Pat Clark of Carrollton requested that the safety of the curve on Sugar Hill Road at the entrance of Founders Point be revisited in light of Ms. Wimbush's (VDOT District Administrator) personal observation. // 1 Chairman-Claud called for Citizens Comments Barney Hall addressed his concerns with the visual appearance: of the proposed shopping center at the corner of Merritt Cover and Carrollton Boulevard.. He noted- the flat roof structure is in sharp contrast to other existing properties. He expressed concern with traffic, noise. abatement, littering, as well as the types of businesses and hours of. operation.. He suggested that Conditional Use Permits. be required for the tenants. of that property so that the residents of Merritt. Cove will have the opportunity to have input on the .viability or the operation of those businesses at. that location.. He stated commercial businesses requiring large .amounts of clientele would not succeed at that location. He stated a restaurant would also not be able to draw a sufficient amount of customers to make it a viable business operation. He suggested the shopping center consist of a medical facility; dental office; legal offices; or property management offices. Chairman .Claud noted the Board would take Mr. Hall's comments under consideration. I/ 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). i/ Chairman Claud .called for a public. hearing on the following; application: 1 A. The application of Barbara L. Courtney, Frances C. Macisaac and Green Tee Golf .Center, Inc., owners and Robert F. Berlucchi, prospective owner .for a change in zoning .classification from RAC, approximately two (2) acres of land and from RAC, GC and Conditional GC, approximately eighteen (18) acres of land to Conditional Suburban Estate. A totat of approximately twenty (20) acres of land located on the south side of Carrollton Boulevard (Route 1?) between Ashby Way and Cedar Grove .Road. (Route 661) in Newport Election District. The purpose of the application is for asingle-family residential subdivision, as conditioned. 5 804N 21 ~A4'.,70 Jonathan W. Hartley, Director of Planning and Zoning, advised the Board that revised proffers have been received by staff and signed by all parties involved prior to the public hearing. He advised the developer has proffered a cash payment of $6,895 for each of the lots involved in the zoning and that amount will be paid .for all of the lots that are in the final subdivision on a pro-rata.basis based upon the $6,895 that are included in the rezoning area. He stated in addition to imposing the same restrictions and covenants in the .Ashby Subdivision, the applicant ~ is proffering to obligate to maintain the BMP to ensure that there is adequate funding for that maintenance. He noted he distributed to the Board today a letter received from- Sonny Owens pertaining to the application. County Attorney Stroman advised he had reviewed the proffers which appear to be timely submitted and duly executed. He stated it is his opinion that the execution by .Barbara L. Courtney on behalf of Frances C. Macisaac by special durable power of attorney is legally. binding. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. William E. Riddick, Attorney, stated the changes made .were in response to comments from County staff. He stated the number of lots yielded from that tract, plus four (4)1ots, would be multiplied by the $6,985 and paid to the County in voluntary cash proffers. He .stated all. the other properties would remain the same with the. exception of the assurance that the BMPs would be maintained. He stated the developer has tried to ensure that thedevelopment is compatible to the surrounding area. and restrictions are imposed on the property that are equally as restrictive as the first two (2) .sections. of the Ashby Subdivision. He stated thin location is an ideal location for the proposed development and it is located in the area designated by the Comprehensive Plan as appropriate for this type of use. He stated he does not believe this property, if not used for residential purposes, would. be a suitable location for commercial development as it is tucked back in the middle of surrounding residential development. He stated there would be no encroachment into the 100 foot RPA. He stated the County will receive $206,850 in cash proffers to be contributed towards schools and other capital costs.. He stated if the development yields forty (40) lots, the County will also receive $320,000 in tap fees, not including what will be paid to HRSD. He stated the developer .has demonstrated in the past- that he is a responsible builder and he is requesting the Board's favorable consideration of the application. County Attorney Stroman clarif ed that the proffer amount being offered is $6,.895 per lot; however,` it will be secured by a Deed of Trust. on the area to be rezoned and the prior area that had been rezoned that did not have proffers constituted ten (10) to twelve { 12) lots. He stated these lots added together would equal approximately .forty (40) lots and as they are sold they will be based on a pro-rata share of the $6,985. ~I tl~ 1 6 6008.. ~~ rAGE•~7~. i~ Barbara Courtney, applicant, stated her mother owned the land being discussed tonight and she believes her mother would be pleased to see the community being proposed to be built on her land. She stated -the taxes that would be paid by the people who move into these homes could be used to alleviate any overcrowding. She stated the developer has planned a pond and. is taking measures to preserve the natural beauty that is native to this property. Robert L. Sutter, Jr., owner of the .Green Tee -Golf Center, stated ~he has recently taken another job with the .City of Portsmouth, and the driving range will be closing in the near. future and will no longer be a viable operation. He stated the land he -owns is landlocked and he purchased this land as a driving range as it was not viable at that time for anything else as there was no sewer. He stated the most logical thing to place at this .location is a housing development as there is no frontage- and it is surrounded by other homes. Pat Clark of Twin Hill Lane .encouraged the Board to adopt an , emergency Zoning Ordinance that would require that adequate public facilities be made available. He stated Section. 15.2-2200 of the Code of Virginia is intended to encourage localities to improve public health, safety, convenience and .welfare of its citizens and to plan for future development of communities. He stated that included in this section is a statement pertaining to the. balancing of population, facilities, and funds which states that in a Board. zoning action, it must protect against undue density of population in relation, to the community facilities existing and available and must .make provisions for public- facilities equal with the efficient and economical use of public funds.. He stated in reviewing this section he has found that the .Board has the authority to do this through its Zoning Ordinance as the purpose of the Zoning Ordinance is to promote the health, safety or general welfare of the public. He stated with the County currently revising its Zoning Ordinance it would be proper to consider an ordinance that deals with adequate. public facilities before large developments. are approved... He stated the citizens of the County can bring their recommendations to the Board, but the Towns of Smithfield. and Windsor are not protecting. their citizens because they are accepting insuff cient proffers. Nancy Guill of Rescue stated Supervisor Bradshaw resolved last year that he would .not approve any additional rezonings as there are sufficient lots already in the County. She requested that the Board not rezone any additional .land for housing as it is not needed. Harold Lyons .stated Route 17 does not need any more eyesores as it is overcrowded.. He requested the Board not approve the application as there is already overcrowding. in the County's schools, overworked volunteer fire and rescue organizations. and insufficient law enforcement. He stated . eo~N 21 ~a~~372 additional infrastructure must be in place before more residents ~ move into the. County. Mike Hatter stated he submitted a petition against the application at the Planning Commission meeting. He stated growth must .happen at a regulated pace. He stated the State has .advised of anticipated budget cuts, there are local law enforcement issues, and an inability to keep volunteers on the rescue squads and fire departments. He encouraged the Board to deny the application. Michael Uzzell of the Carrsville District .stated in -order to keep up with the growth in the County, paid fire and rescue is going. to be a necessity. Sue Oswold pointed out that if the development is approved, new roads would be built causing existing backyards to butt up against each other, thus creating a cluster effect. She stated in order for additional homes to be built, the majority of trees would have. to be removed from the existing narrow strip of trees. She pointed out that the 275 additional lots proposed for the Red Oaks Trailer Park would also add to the number of homes being built in the County and affecting the County's schools. Sharon Hart of Carrollton stated there must be regulated, but sensible growth, in the County. She stated there are many already approved rezonings that-will be utilizing the County's schools and other services. She stated the County needs o play catch up before any new. developments are approved. She noted .that the County's.. proffer study is also severely outdated. Roxanne Labb of Cannon Acres noted problems with traffic, lack of school facilities and emergency fire-and rescue. She noted that the larger the city, the .more criminals there. would be. She requested the Board- deny the application. . ..Mary Trude of Ashby Subdivision stated Mr. Cowen's land has already been zoned for single family and she requested the Board- keep in mind-that this- area also has the potential at any time to hold homes and add- to the number of families drawing on-the fire and police facilities. Attorney Riddick stated most of the sentiments expressed by those in opposition to the proposed application are the same in that they would like the area to remain the. same. He stated things. will: change from time to time and these residents did. not. have the expectation when they. moved here that thin area -would remain the same for the rest of their lives.. He stated the subdivision proposed is modest. in size, reasonable, very compatible with the area, and it pays for itself in the form of cash proffers. 11 1 1 8 f~ BOON 21r~G:•.~ I~ Sue Oswold pointed out .that schools are an important issue with everyone and. must be considered by the Board. Chairman Claud closed the public hearing and called for comments. from the Board. Supervisor Clark inquired about concerns with additional lighting. Attorney Riddick stated there are currently lights on the driving range that .are lit until 10:30 p.m. at night which have been utilized since the driving range opened 1 Supervisor- MacManus stated the Board two (2) years ago severely reduced the Northern Development- Service District in size. He stated this .area was envisioned for residential .land because the County had invested. approximately $7 million in the water and sewer system going up Route 17. He stated this Board has been hard on developers, but this developer has responded positively to many of-the issues before the Board.. He stated this developer is offering full proffers, and he is also paying the elevated water and sewer connection fees...: He stated BMPs are also being written.-into the proffers to ensure that there is no come back on this County from a financial liability perspective. He stated the proposed subdivision is compatible to the subdivisions to the left and right of it and he will support the application- - because it does represent the appropriate type of growth, and it is paying its own way. He stated if the Board does approve the application, he will. be pushing for a new proffer study because. it gives him the basis to argue for the cost for a new proffer study: Chairman Claud stated a portion of this area has already been rezoned for residential and when he considers what future use could be made of the remaining -land he believes he would rather see this land be residential than commercial. He stated he believes the residential use of this property is the best use for this property as it is in the Development Service District. He stated he is aware of the growth that is coming in faster than the Board would like, but this is a result of actions of past boards. He stated this is not a large development, and the items have been addressed that the Board feels are necessary for the. approval of it. 1 Supervisor Clark stated the Board did reduce the size of the Northern Development Service District: He noted a .development service district promises-individuals moving into it that water, sewer, and all other things required for growth will be in that area. He stated if the Board denies this. use of the property that the .current surrounding residents will be much less satisfied with a light industrial or other less compatible commercial use for this property. He stated it is difficult for him to support anything that will put a strain on the County's schools, but he believes the property has a right to have same marketable use of his land.. 9 eooK 2i f~4~74 Supervisor .Bradshaw stated when he came on the .Board he did not like the direction that the County was moving in, and he felt the County had done a lot of things that were not feasible and in the best interest for the quality of life for the residents of the County. He stated since he has been on the Board the County. has .come a long way because of what the. citizens of the County have done. He stated. the citizens. have taken an active involvement, and the Board has .listened to their expertise through community meetings. He stated the Board approved .the Comprehensive Plan last year that consumed a lot of time of the Board and the citizens that addressed managed and controlled. growth. He stated the Plan states that the. County needs to have adequate public facilities in place to support new development, .and he does not see this in place at this time.. He stated the Board is aware of actions of previous boards and his position is that this- Board can prevent it from getting worse. He stated there are 3,000 lots already approved with another 1,300. lots proposed. He stated there .are. not adequate public facilities in place. at this time and while this is an ideal location, this is not an ideal time. Supervisor Bradby stated when he came on the Board he promised that he would be responsive to the concerns of the citizens of the County. He stated he has heard the concerns expressed tonight and because of the number of residents in opposition, he cannot support the application. Supervisor MacManus moved the Board approve the application of Barbara L. Courtney, Frances C. Macisaac and Green Tee Golf Center, Inc., as conditioned .with the proffers presented tonight. of .$6,895 for all of the lots in the-final subdivision on a pro-rata basis based.on the $6,895 included in the: rezoning .area and. the obligation of the applicant to maintain the BMP to insure that. there is adequate funding security. for that maintenance.. The .motion was adopted by a vote of (3-2) with Supervisors MacManus, Clark and Claud voting in favor of the motion, and Supervisors Bradby and Bradshaw voting against the motion. Chairman Claud called for a public hearing on the following; B. The application of Alphso Davis to amend Conditional General Commercial zoning of .78 acres of land to include tire sales and repair. Said property is located at 13060 Scotts Factory Road, Smithfield, in the Windsor Election District. Chairman Claud .called for persons to speak in favor of or in .opposition to the proposed application. Robert .Jones, Jones & Jones, attorney speaking on behalf of the applicant,. requested the Board approve an additional use to allow for tire sales. and repair`. He stated he was very recently retained by the applicant and did not have an opportunity o discuss his client's willingness to offer a cash .proffer. He stated regarding concerns expressed regarding noise, the 1 10 soon 21.Arf375 1 uses already allowed on the property have the potential to generate the same amount. of impact as what he is requesting.. He offered to speak with his client to see if he wished to offer any cash proffer and- submit it prior to any official approval of the Board County Attorney Stroman advised that any proffers offered at this point would be untimely and not binding.. He stated Attorney Jones could request that the Board table consideration of the application this evening to permit him an opportunity to return with voluntary proffers. He stated the Board. could, if it wished, consider this request at the end of the public hearing. Reverend Willie L. Williams of the Windsor District spoke in favor of the Board approving the application. He noted that the other day he found himself in need of a fire change and he would welcome this convenience to the area. He stated a tire sales center would not add any additional traffic. than currently exists in the area and if the air compressor is centrally located in a building it should not make excessive noise.. He stated the applicant has been known through the years to .maintain good. businesses in the County and with unemployment at an all-time high, the County needs all the businesses in the area it can possibly-gain. it Sedrick Jackson spoke. in favor of the Board approving the application. He stated if the Board approves the. application, this will give him an opportunity for employment. Otis Edwards spoke in opposition to the application.- He noted there is currently a shop located on Carroll Bridge .Road. He expressed opposition with the noise emulating from a noise compressor in that neighborhood. Chairman Claud closed the public hearing and called .for comments from the Board. Supervisor MacManus requested Mr. Hartley to speak to the, Planning Commission action on this item. Mr. Hartley stated the Planning Commission recommended denial of the application to the. Board because it is not an appropriate use in that rural neighborhood. Chairman .Claud noted additional information has been presented tonight regarding the hours of operation that the Planning Commission did not have .before them when they considered the application. Supervisor Bradshaw noted the property was rezoned general commercial in 1976 and residential general in 1984. He asked if the applicant is aware of what businesses he could place on the property. 11 eoo~ 21 {~c376 Mr. Hartley referred to a list dated November 9`~ listing retail foods; bakery; dry cleaner; apparel store; dry store; barber; beauty shop; home appliance service and repair; office; church; retail business and service... Supervisor Bradshaw noted that the applicant could legally. run businesses which are currently far noisier that what is being proposed with substantially more traffic. Supervisor Bradby noted that the Rushmere Volunteer Fire Department has never received any complaints regarding noise when it runs its compressor, even from those residents who live in close proximity to the Fire Department. Responding to Supervisor MacManus, County Attorney Stroman advised .the Board that a .second public hearing would be required if the Board returns the application to the Planning Commission. Supervisor Bradshaw moved the Board return the application of Alphso Davis back. to the Planning Commission based on .new information submitted for review and recommendation back to the Board. In the meantime, the applicant is to discuss with surrounding neighbors what is being. proposed. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor ofthe motion, and no Supervisors voting against the motion. Chairman Claud called for a public hearing on the following: C. The application of Curtis D. and Donna L. Harris 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 at 109 Titus Court in the Newport Election District. The purpose of the application is to complete a single- family residence. Chairman. Claud called for persons to speak in favor of or in opposition to the application. Curtis D. Harris, the applicant, stated he .began to build his home in July of 2000, but. was unable to build the entire structure due to financial constraints. He stated he anticipated completing his home in July of 2042, but was informed that some of -the rules had changed. He stated his application was tabled. by the Planning Commission in October of 2002 to allow-him to address two (2) issues. He stated the first issue was whether or not. he could move the addition forward from seventeen (17) feet into the 100 foot RPA to seven (7) feet into the 100 foot RPA and the second issue was whether or note he would be willing to build a BMP, the answer.to bath of which was "yes." He stated he is also willing to move the pool out of the 12 11 11 tl sooK 2i ~~~:3T? 100-foot RPA. He stated the Planning Commission has now voted in favor of recommending his application to the Board Chairman Claud closed the public hearing and called for comments from the Board. Supervisor MacManus inquired if the Planning .Commission asked about the proposed addition as to .why it could not be redesigned to move it from the 100 foot RPA. Mr. Hartley replied "no." Supervisor MacManus pointed out that .the Board several months ago had requested an applicant to redesign her home in order to get it out of the RPA and he would have thought this would have been a pertinent question for the Planning Commission to ask based upon the Board's response ~o the other applicant. Mr. Hartley noted there is one (1) difference- that- exists between the previous case and this application is that there already is a structure. on the property being discussed tonight. :Supervisor. Bradshaw inquired if the vegetation that was removed will be replaced as requested by the County's Environmental Planner :and CBLAD. Mr. Hartley stated staff would work with the applicant in order to get - the vegetation in place so that it is .appropriate for a buffer, along with the design of the BMP to ensure that it meets the necessary criteria. Supervisor Clark stated the encroachment is fairly minor and the applicant has moved the necessary things from out of the 100-foot RPA. He stated in order for the applicant to complete his home, he lxlieves this is a hardship case. Chairman. Claud stated that while it bothers him to deviate from what the Board is trying to uphold; however, Mr. Harris does not have much choice unless he reduces the size of his home. U Supervisor Bradshaw stated the history of the applicant not following County ordinances shows that he does not have.. any respect for the governmental process as no permits were issued for the shed, the pool or the deck. He further stated the aerial photograph indicates that a wooded area inside the RPA that was not part of the construction footprint had been removed. Supervisor Bradby stated he could support the application as it is a hardship case. 13 aoox 21 ~ao:3?$ Supervisor MacManus stated he could not. support the application as approving it would be deviating from the decision made by the Board on earlier applications. Supervisor Clark moved the. Board approve the application of Curtis D. and Donna L. Harris based on the finding, that a strict application. would produce undue hardship and that the hardship was not generally shared; that the authorization of the relief would not be a .substantial detriment to the adjacent property and character of the district; and; that the vegetation that was previously, removed would be replaced. The motion was adopted by a vote of (3-2) with Supervisors. Bradby, Clark and Claud voting in favor of the motion, and Supervisors MacManus and Bradshaw voting against the motion. Chairman Claud called for a public hearing on the following: D. The application- of James Earl Scott for a change in zoning classification from RAC to Conditional CC, approximately 15.2 acres of land located on the west side of Carroll Bridge Road (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. Chairman Claud called for persons to .speak in favor of or in .opposition to the application. James .Scott, the applicant, .requested that he be allowed to divide the land into two (2) lots. He noted most of the land is wooded and located back off of the roadway. Susan C. Corbin of Carroll Bridge Road stated when Mr. Scott .passed away, his 100-acre farm -was divided up among six (6) siblings. She stated Carol Scott has rezoned five (5) acres of land to community center designation which resulted in five (5).homes beingbuilt.. "She further stated James Scott did a family member transfer of .five (5). acres of land which resulted in five (5) mobile homes being located on that property. She. stated residents of the area voted against designating the area. a Willage Center because further development in the area was not desired. She requested the Board den} any further requests for. development of this `farm and keep the area rural in nature. Mr. Hartley stated the lots containing the five (5) mobile homes were lots created as family member transfer lots. He stated whether. these homes are now occupied by family members or not he could .not verify as once there. is a dwelling on a properly, staff does not track whether it continues to be retained by family members or not. He stated the family lot labeled "B" was a family .exemption.. that Mr. Scott, conveyed to his sister, Carol,. and 14 __. ~i ~I 1 n Boos 21 ~~~:379 1 what is proposed under this proposal is to create two (2) parcels. He stated all of this is proposed to be zoned under the Community Center zoning in the County's current Zoning .Ordinance. He stated this application .was submitted in August of 2002 and subsequent. to receiving this application staff .discussed with the community at a community meeting the village center, how to define it and the sentiment of the residents of Uzzle's Church was to abolish the Village Center designation in that community. Chairman Claud closed the public hearing and called for comments from the Board. Chairman Claud inquired as to what effect, if any, did the Comprehensive Plan have on the current application as fare as what could or could not be done with this parcel. Mr. Hartley stated the proposal is consistent with-the Comprehensive Plan as it existed at the time the applicant filed his application. Chairman Claud inquired if the Board had removed Uzzle's Church from the Community Center designation .last month, would this be consistent. Mr. Hartley replied this would not be consistent. He stated -the difference is the policies adopted. by the Board would not allow this density of development to occur on this property. Supervisor Bradshaw stated the Village. Centers under the previous Comprehensive Plan had no boundaries. He inquired how this property could be part of the Village Center for Uzzle's Church is the County had no boundaries. Mr. Hartley stated what was drawn on the Comprehensive Plan map was adotted-line circle and this property was within that circle. County Attorney Stroman stated .there is .some legal doubt as to the binding nature of a border that was not. defined in the Ordinance more specifically than a dotted .line on a map. He stated he has not had an opportunity to study the issue and he would research the issue and provide the Board with a report at a subsequent meeting. 1 Supervisor MacManus requested County Attorney Stroman also provide the Board with a report on the issue of access to the property. He specifically requested a further explanation of whether or not this is a problem. Mr. Hartley stated a thirty (30) foot easement is proposed now and a fifty (50) foot right•of--way. that will go back to these proposed lots. 15 eoor 2~ {Q~-3~0 Supervisor Cl=ark noted that a $2,000 cash proffer is voluntary,. but is inadequate for any lot in the County. He stated .the. Board must take a look at the last several years and -the cumulative effect of individual rezonings. He stated the Board must begin imposing that each individual rezoning be responsible for its own share of public facilities' cost. Supervisor MacManus moved the Board table consideration of the application of James Earl Scott to allow the .County Attorney additional time to address some of the questions and issues raised by the. Board tonight regarding a metes and bounds description, ,and whether or not the access to the property is an issue and that he provide a report to the Board at its January 16, 2003 meeting for .consideration. The .motion was adopted by a vote of (5-0) with Supervisors MacManus Bradby, Bradshaw, Clark and. Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman Claud called for a public hearing on the following: • E. The- application of Mollie G. Turner Family Limited Partnership and Bay .Sand Company, Inc. -for a Conditional Use Permit to amend. the operation plan of the "Mollie G. Turner Borrow Pit" to increase excavation from thirty (30) to forty-three (43) acres and extend the .life of the permit for five (S) additional .years. .Said: barrow pit is located on the west side of Turner Drive (Route 644) adjacent to 14182 Turner Drive, Smithfield, in the Windsor Election District: Chairman Claud called for .persons to speak in favor of or in opposition to the application: Jeff Gardy, Attorney, stated the applicant is now in the process of getting his .plans .ready to reclaim the land. He stated rather than having two (2) lakes, the applicant would rather have one (1) lake to increase the capacity of the use. of the water in the area.. He stated rather than having a buffer zone adjacent to each lake, it would now be under water and part of the .lake. He stated the proposed lake would also make the .entire parcel more: attractive. He stated the future concept is for low-density residential development. He stated the Planning Commission placed the condition that the applicant must have the approval of the Town of Smithfield. .Chairman Claud closed the .public hearing and called for comments .from the Board. Supervisor Clark inquired if there. were any quantifiable environmental concerns. Mr. Hartley stated there are a concentration of borrow. pits along Route 10 from- Muddy Cross Road north to Benns Church to the back of the 11 1 16 eooK 21 r~~381. Smithfield Shopping Center. He stated the theory is that these borrow pits will become. lakes. 1 Supervisor Bradshaw inquired if the applicant would be willing to proffer the rights and use of the lake to the County. .Attorney Gardy replied not at this time as the applicant is intending to farm the surrounding land and will be using the water as irrigation and he does not .want children fishing or swimming. He stated he could envision than the best use of the property is residential and the County may want~to have a vested interest. Supervisor Clark inquired if the applicant would be willing to proffer the rights and use of the lake on the cessation of the farming operations. Attorney Gardy stated if a company ever desired to purchase the entire site for a fight industrial complex, a public park would not be appropriate. Supervisor Bradshaw stated he is interested in the rights and use of the water only. He suggested Attorney Gardy could draft an agreement with specific conditions that would be acceptable to both parties. 1 Attorney Gardy stated he did know the best purpose for the lake at this time. He stated whatever his client does, he will have to come back before the Board to rezone the land and that may be .the time .that the Board make this request. 'Supervisor MacManus stated the County in its CIP is considering expansion to a possible middle school across the street from this property and he would suggest the Board table consideration and send_ it to the School Board for its opinion on how it could possibly use that land in the near term. He stated he would also like to get input -from the Director of Economic Development and the Town of Smithfield because half of the property is located in the Town. He stated before he votes, he would like to get input from those parties as to how the County could best use this land in the future. 1 Supervisor MacManus -moved the Board table the application of the Mollie G. Turner Family Limited Partnership and Bay Sand Company, Inc. and request the School Superintendent's opinion on how this land can be best utilized in the future; get a recommendation from the Director of Economic Development on water rights and what would be an appropriate use for- this land; and, request input from the Smithfield Town Council. Staff is to bring this information back to the Board for consideration at its February 20, 2003 meeting. The motion .was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors. voting. against the. motion.. '17 80011 ~~ -'A&'•,pz Chairman Claud called for a public hearing on the following: F. An Amendment to the Comprehensive Land Use Plan for Isle of Wight County to Establish .Village Center and Community Boundaries and Revised Community Descriptions for .the Communities of Battery Park, Isle of Wight Courthouse and Uzzle's Church. Chairman: Claud called for persons to :speak in favor of or in opposition to the proposed Amendment. Mr. Hartley stated the citizens of Uzzle's Church recommended that there not be a village center for Uzzle's Church; accept what was included in the Board's package for the Isle of Wight Courthouse; and, Map "B" for .Battery Park. Chairman -Claud closed the public hearing and called for comments from- the Board. Supervisor Clark moved the Board accept the recommendation of the Planning Commission for the communities of Battery Park and Isle of Wight Courthouse; that Uzzle's Church no longer be designated as a Village Center; and, that. this change be reflected as an amendment to the Comprehensive Plan. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in -favor of the motion, and no Supervisors voting against the motion... !/ Supervisor Bradshaw moved the Board take a five (5) minute recess... before proceeding with the regular order of the agenda. The motion. was adopted unanimously (5-0}. // Chairman Claud called .for the County Attorney's .report. County Attorney Stroman .presented a proposed agreement for services between the .Board of Supervisors of Isle of Wight. County and Powell IVlanagement Associates, Inc. which he recommends the Board authorize the Chairman to execute subject to his review and approval. Supervisor MacManus moved the Board authorize the Chairman to execute a contract with Powell Management,. subject to review and. approval by the., County Attorney. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,: Clark and Claud voting in favor of the motion, and no Supervisors voting against-the motion. 18 ~i 11 ~I eoeM 21 rA°':~Oe) 1 County Attorney: Stroman presented a proposed contract between the Isle of Wight Board of Supervisors and .Charter Communications regarding the Emergency Operations Center which he recommends the Board authorize the Chairman to sign subject to his review. and approval. Supervisor Bradshaw requested the County Attorney address the language in the contract pertaining to "extended periods of time with no service, based on planned and unscheduled outages" and that the contract be more specific with regards to performance and reliability of the system. He pointed out there are two (2) different payment terms and requested County Attorney Stroman clarify which payment term would be adhered to by the County. He requested the County Attorney include a .clause in the agreement that the County will be allowed to transfer ownership. Supervisor Bradshaw moved the .Board approve the contract, upon the review and recommendation of the County Attorney after negotiation with Charter Communications. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. 1 .County Attorney Strorr~an distributed a copy of Judge Parker's Letter of Opinion concerning the Wat Fasantidhamma Association v. the Board of Supervisors of Isle of Wight Count~Virginia, to the .Board for. its information. He stated it was the Judge's opinion that the applicant had the opportunity to have the evidence heard, but did not take advantage. of that opportunity and, accordingly, the Court found that the petitioner was given a full hearing at the meeting of the Board of Supervisors. He stated the Judge has determined that it is obvious when the record is reviewed that the Board considered all the information made available to it and made its decision based on law. ..County Attorney Stroman presented a bid for .the Fort Boykin Erosion Control project which he recommended the Board add to its agenda and accept the bids and authorize the Chairman to sign a contract subject to his review and approval. Supervisor MacManus moved the Board -add this -item to the agenda. The motion was adopted unanimously (5-0). 1 Alan S. Nogiec, Director of Parks and Recreation, stated several .modifications were made to the specifications. with the removal of one (1) of the breakwaters. He stated when the project was bid, it was bid as a base bid which included the removal of the breakwater, and he is requesting the Board approve the base bid because there may be things that will happen with the adjacent property owners that will have an impact on what magnitude the County may need to come back with a third breakwater. 19 eoo~ 21 ~~rr384 County Attorney Stroman stated the urgency in this matter is the need to protect grant funds received. Chairman Claud moved the Board authorize the Chairman to sign the contract subject to the review and approval of the County Attorney with Coastal Design and .Construction for the .Fort Boykin Erosion Control Project Base. Bid of $434,600. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the. motion, and no .Supervisors voting against the motion. County Attorney Stroman .requested the Board add to its agenda as Item # 10 a closed meeting .pursuant to Section 2.2-371. I .A.7 of the Freedom of Information Act. concerning consultation with. legal counsel pertaining to actual. or probable litigation or consultation with legal counsel regarding specific legal matters requiring the provision of legal advice. Supervisor MacManus moved the Board add a closed meeting as Item # l 0 pursuant. to Section 2.2-3711.A.7 of the Freedom of Information Act concerning consultation with. legal counsel pertaining to actual. or probable. ..litigation or consultation with. legal. counsel regarding specific legal matters requiring the provision of legal advice. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting in .favor of the motion, and no Supervisors. voting against the motion. // Chairman Claud called. for the County Administrator's report. County Administrator Caskey presented a proposed County Debt Management Policy drafted by the County's Director of Budget and Finance and the County's Financial Advisor for the Board's consideration. Supervisor Bradshaw moved the Board adopt the Debt Management Policy, as recommended by the Director of Budget. and Finance and the County's financial advisor. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented proposed Travel (Revised) and Credit Card policies that he recommends the Board approve. Supervisor Bradshaw moved the Board adopt the revised Travel Policy and the Credit Card Policy. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,'-Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. /! ~ 1 20 rl 800M ~1, rA^r,,p5 Chairman Claud called for Oid Business. 1 Final Subdivision Plat of Eagle Harbor Tract 7, Property of Eagle Harbor LLC, Whippingham Parkway (Route 662),. Newport Magisterial District, Tax Parcel No. 34-01-003F. (Tabled December 5, 2002). Supervisor MacManus moved the Board approve the Final Subdivision Plat of Eagle Harbor Tract 7, based upon the advice of the County. Attorney. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, .and no Supervisors. voting against the motion.. Supervisor Clark requested that Mr. Hartley set up a meeting to include Barney Hall and himself to visit the SAFA Shopping Center site. County Administrator Casket' noted that a summation of-the HRPDA Transportation Listening Session .Summaries .and transcripts of the comments are available for the Board's review. Supervisor Bradshaw requested the County Attorney prepare a report for the Board on the status of Yellow Rock Road 1 ..County Attorney Stroman noted he would draft a report to the Board with copies to the Director of Planning and Zoning and the former County Attorney concerning the meeting which had occurred earlier that day. Supervisor Bradshaw inquired the status of the County requesting- relief for its farmers during the drought. County Administrator Casket' advised that the County has not received a response from any of the letters previously sent. Supervisor Bradshaw. moved the Board direct staff to readdress the .issue of drought relief and send a letter to Congressman Forbes .stating the County's disappointment with no action being taken on the matter and again enlist his. support of getting relief to the farmers who need it. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and ,Claud voting in favor of the motion, and no Supervisors voting against the motion. 1 Supervisor. Bradshaw voiced his concern. with .the SPSA bond indebtedness.. He expressed a concern with the. lack of opportunity for citizen comment as part of the Board's prior action. He noted regional authorities were established to stand alone and not be dependent upon localities and asking a locality to insure .the bond indebtedness of a regional authority is financially inappropriate, He stated he had a concern with the legal perspective and he believes the Board made the wrong decision. 21 ~~ 800N ~~ ~w^i',J V~ Chairman Claud called for New Business. Mr. Hartley advised there is property on Route 460 adjacent. to the access .that the County is building .into the new industrial park. that the County is in the process of negotiations. He stated the Comprehensive Plan .currently designates that area for residential conservation and conservation as opposed to business. He stated it has been. suggested. -that the Comprehensive Plan be amended for that property to a business category, as well as the property east, of Cabintown to the new road alignment. Supervisor Bradshaw. moved that- the Board direct staff to send the matter of the land adjacent to the Shirley T. Holland Commerce Park to the Planning Commission for public hearing to consider amending the Comprehensive Plan for this general location to a business category. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the .motion. Mr. Hartley distributed a proposed Resolution pertaining to legislation regarding manufactured housing that he recommended the Board adopt. He stated at the last session of the General Assembly, House Bill 1212 was .proposed eliminating all zoning authority. over manufactured housing. Supervisor Clark moved the Board adopt the following Resolution and that it direct staff to-send it to the members of the General Assembly, High Growth Coalition, VACo and Delegate Terry Suit: RESOLUTION TO OPPOSE PROPOSED LEGISLATION-REGARDING MANUFACTURED HOUSING WHEREAS,- the General Assembly may. be considering legislation that would require all zoning ordinances to permit, as a matter of right, the placement of certain manufactured homes (i.e. mobile homes) in at least one residential zoning district within each locality; and, WHEREAS, this. proposed legislation, if adopted, would severely limit the authority of local elected officials relative to local land use decisions affecting manufactured housing; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the. County of Isle of Wight County, Virginia opposes any legislation that. would require all zoning ordinances to permit, as a matter of right, the placement of certain manufactured ~ homes. (i.e. mobile homes) in at least one residential. zoning district within the county. ~i ~I 1 i 22 r~ aoo~ 21 ~~~^3$7 BE IT FURTHER RESOLVED that the Board of `Supervisors of Isle of Wight County is opposed to any legislation .that diminishes its authority relative to local land use. 1 The .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud .voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus noted a conflict with his schedule and requested staff prepare a resolution for the Board's consideration at its Organizational Meeting scheduled for January 2, 2003, to move its regular meeting scheduled for February 6,2003. to Monday, February 10, 2003. Supervisor Clark noted a conflict with his schedule and requested staff prepare a resolution for the Board's consideration at its Organizational Meeting scheduled for January 2, 2003, to move its meeting scheduled for March 6, 2003 to Monday, March 10, 2003. 1 Regarding a .letter sent to the Board by County Administrator Caskey concerning a request for tax exemption for property located at 223 Cedar Street, Supervisor MacManus moved the Board direct staff to investigate and report back on this property, as well as the process itself. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman Claud moved that the Board direct .staff to provide the Board with information on the Citizens Transportation Committee by the Board's January 16, 2002 meeting. The .motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman requested the Board authorize him to meet with. the Board's outside :counsel concerning delinquent tax- collection efforts to consider items of information that-might be useful. to the Board. He stated he would like to include in the report the ability to track the age of files from the time they are sent to the time action is taken. 11 Supervisor Bradshaw moved. that. the... Board direct the County Attorney to meet with the Board's outside counsel to review the delinquent tax collection process and method of reporting. The motion. was. adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. I/ 23 eooK 2fi f~~~388 County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act concerning consultation with legal counsel pertaining to actual or probable litigation or consultation-with legal counsel regarding specific legal matters requiring the .provision of legal advice. Chairman Claud moved the Board enter closed session for the reason stated. The motion was adopted by a -vote of {5-0)' with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairnan .Claud moved :the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on -this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712D of the Code of Virginia requires a certification by this Boazd of Supervisors that -such closed meeting was conducted in conformity with Virginia taw; 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, Clazk and Claud NAYS: 0 ABSENT DURING VOTE: 0 AB-SENT DURING MEETING: 0 ~/ 24 R HUSK 2i ~A~r'JVV At 10:25 p.m., Supervisor Clark moved the Board .adjourn until January 2, 2003 at 4:30 p.m. The motion was adopted unanimously (S-0). r Robert C. Claud, Sr., Chairman