03-20-2003 Regular Meetings
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENIETH DAY OF MARCH IN THE
YEARTWOTHOUSAND AND THREE
PRESENT: :Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw
Henry H. Bradby
Robert C. Claud, Sr.
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant
County Admnistrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman MacManus called the meeting to order at 6:00 p.m.
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Supervisor Clark. delivered the invocation. -
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The Pledge of Allegiance was conducted.
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Chairman MacManus called for approval of the agenda.
..County Attorney Stroman requested a closed session. be added to the
agenda under Section 2.2-3711.A.3 concerning. the possible acquisition of
private property fora .public purpose and under Section 2.2-3711.A.7
concerning consultation with. legal counsel regarding specific.. legal matters
:requiring the provision of legal advice by such counsel.
.Supervisor Bradshaw moved the Board approve the Agenda, as
amended. The motion was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud. voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman MacManus called for Special Presentations.
Branch Lawson, East-West Partnership, briefed the .Board on the
designs that will be incorporated into the Eagle Harbor shopping center
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development; committed and prospective tenants; phases of the overall
development; amenities associated with the project; and, price range for the
sales and demographics associated with the buyers of residential properties.
Supervisor. Clark requested that Mr. Lawson take appropriate action. to
ensure that the out-parcels are equally attractive to the tenants that are-
currently committed to locating in the shopping. center. and .that he inform
- the Board as tenants commit themselves.
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.Supervisor Bradshaw moved the Board amend the .regular order of the
agenda in order to consider the Consent Agenda. The ,motion was adopted
unanimously (5-0).
Chairman MacManus indicated the Consent Agenda (Item 2)included
the following items:
DEQ/Public Notices ;
Resolution to Accept and Appropriate $100,000 from the
Department of Justice Equipment Grant Program
Resolution of Gift of A 1996 Ford Sedan to the Carrsville
Volunteer Fire Department for Use in Providing Fire Services
Delinquent Real Estate Tax Collection Monthly Report
.February 19, 2003 Continued Meeting Minutes
February 20, 2003 Regular Meeting Minutes.
Chairman MacManus asked if there were any items for removal. +
Supervisor Claud moved the Board adopt 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.
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Jay Moore,. Mosely Architects, .presented the proposed schematic
design and floor plan of the .new administration. building and the existing
administration. building.
Anne F. Seward, Director of Budget and Finance, .advised. the Board
' that the existing jail building was initially to be renovated and utilized for
. administrative space; however, staff has determined that the building is not
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.appropriate for use by staff, nor. the public, and feels it would be better
utilized as a central supply area.
Supervisor Bradshaw stated he was not in support of building a new
administration building when it was discussed and approved by the Board
last .year.. He notedthat he is still not in support of it-due to the economic
situation of the state, the country, and the County.. He stated when. revenues
are low,. capital spending is normally deferred.
Supervisor Claud moved that the Board authorize staff to proceed with
the proposed design .plan ,for the construction and renovation of
administrative space and approve the schedule as provided by staff The
motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and
Claud voting in favor of the motion, and Supervisor Bradshaw voting
against the motion.
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Chairman MacManus called for Transportation Matters.
James A. Randolph, Planner, presented a Resolution of the Board of
Supervisors of Isle of Wight County, Virginia to Redistribute Revenue
Sharing .Funds for Fiscal Year 2002-2003 for the Board's consideration. ~
Supervisor Claud moved the Board adopt the following Resolution;
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRIGII~FIA TO REDISTRIBUTE REVENUE
SHARING FUNDS FOR FISCAL YEAR 2002-2003.
_ WHEREAS, Isle of Wight County elected to participate in the Virginia
Department of Transportation Revenue Sharing Program in the amount of
$500,000 for .Fiscal Year 2002-2003; and,
WHEREAS, $500,000 in Revenue Sharing dollars for Fiscal Year
2002-2003 was originally allocated towards the Route 620 project; and,
WHERAS, in an effort to comply with Virginia Department of
Transportation revised guidelines for accounting practices, staff from the
Virginia Department of Transportation .has requested revenue sharing dollars
for Fiscal Year 2002-2003 be further. defined and distributed by resolution
from. the Isle of Wight County-Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED by the .Board of Supervisors
of Isle of Wight County, Virginia, that revenue sharing dollars for Fiscal
Year 2002-2003 be hereby requested to be redistributed as follows;
Project No. 0603-046-248,M-502 $ 90,000.00
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I 0620-046-249, M-502 $120,597.00
0603-046-248, M-503 $ 1.33,667.00
0620-046-249, M-503 $ 7,834.00
0665-046-P32, M501 $ 147,902.00
BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of
Wight County, Virginia, that a certified copy of this resolution be forwarded
to the Resident Engineer for the Virginia Department of Transportation.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Randolph presented the draft Six-Year-Plan for Secondary Roads
FY03-04 and Draft Construction Budget Priority Plan FY03-04 for the
Board's consideration. ~ 4
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Supervisor Claud noted .that the figures on the .Summary Sheet
• presented by VDOT for FY06-07 and. FY07-08 and FY08-09 are incorrectly
• totaled. He further noted that the project on Maple Lane reflects a date of
August 17, 2004 and should be April 15, 2003.
. Sandom Rogers, Contract Administrator: with VDOT, explained that
the VDOT Central Office had changed the date. in order to .meet. the internal
scheduling criteria for town additions. He confirmed that the project would
be postponed. three (3) months.
Supervisor Claud inquired what would- happen to the remaining funds
on rural rustic road projects.
Mr. Rogers replied that once the project is complete, VDOT would-
work with Department of Planning and Zoning staff to determine where the
Board wishes totransfer any remainingfunds.
Supervisor Bradshaw inquired why VDOT does not reduce the budget
for .rural rustic roads to a more realistic number so that those funds are not
tied up and can be allocated to other road projects in the interim.
Mr. Rogers stated he is not comfortable at this point with reducing the
funds and running .the risk of a project being under funded. He stated he
would prefer to develop a detailed estimate first.
Supervisor Bradshaw moved that the- Board authorize staff to advertise r
the Plan and Construction Budget for a public. hearing at the Board's April
17, 2003 meeting which reflects the amendment by VDOT personnel with
respect to .the discrepancy in funding. for FY06-07, FY07-08 -and FY08-09
and make .available to .the County by VDOT by Apri13, 2003. The motion
was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark
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and Claud voting in favor of the motion, and no Supervisors voting against
the motion.
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Supervisor Bradshaw moved the' Board table action on the Rescue
Bridge, Route 704, until after comments are received by the Board on
transportation matters. The motion was adopted. unanimo4sly (5-0).
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Mr. Randolph referred to the .summary report contained in the agenda
of Current .Transportation Frojects which provides an update on projects
where additional information or activity has occurred since December 19,
2002.
Supervisor Bradshaw requested that staff put the Report on the PEG.
channel and the County's website.
Supervisor Bradby requested striping be performed along Fire Tower
Road.
Mr. Neblett advised that VDOT is agreeable to striping Fire Tower
Road to Route 258.
Responding to Chairman MacManus, Mr. Neblett stated he would
advise the Board of VDOT's anticipated schedule for accomplishing the
striping on Fire Tower Road to Route 258.
Supervisor Clark .requested that VDOT paint white lines along the
shoulder of Reynolds Drive.. He noted there are portions of the roadway that.
have no shoulders.
Mr. Neblett noted the shoulders along many of the County's road have
been soft due to .the recent wet weather, and that he would pass along
Supervisor Clark's request.to the VDOT traffic engineer.
Supervisor Claud notified Mr. Neblett of a drainage problem occurring
at the intersection of Five Forks Road and Everets Road.
Mr. Neblett noted he would take appropriate .action to contact the
drainage problem before it undermines the road at that intersection
Supervisor Claud -noted the issue of drainage and VDOT's
development of along-range. plan needs. to be addressed. at the next quarterly
meeting with the District Administrator.
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Mr. Randolph stated he would have a date and time of the next
quarterly meeting .with VDOT representatives for the Board at its April 3,
2003 meeting. He .noted the meeting is anticipated to take place in mid-
April.
Chairman MacManus noted that the Board .would be anticipating
answers from VDOT at this meeting regarding a corrective action plan.
Supervisor Bradby notified Mr. Neblett that water is overflowing from
a ditch on -Route 624 and running out onto Route 10. He requested Mr.
Neblett contact film so that they .could meet on-site.
Supervisor Bradshaw- requested a meeting between himself, Mr.
Randolph and Mr. Neblett to discuss Route 620 and Route .603. He noted
he .would like to review VDOT's plans so that he-could better understand its
scheduling concept.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order
of the agenda in order to conduct the public hearings. The .motion was
adopted: unanimously (5-0).
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Chairman MacManus called fora .public hearing on the following:
The application of Carson and Margaret Whitley (Carson Whitley
Estate) for a change in zoning classification from RAC to Conditional
Suburban .Estate, 2.768 acres of land located on Green Oaks -Lane,
south of Carrsville Highway. (Route 58) in the Carrsville Election
District. The purpose of the application is for one single-family
residential lot.
Mr. Hartley noted .that the Board :first considered the application at its
February 20, 2003 .meeting and returned it to the Planning Commission. He
stated the rezoning application has .now been modified to .include the 2.7
acre- parcel, as well as the- residual portion of 19.3 acres. He stated the:
applicant has proffered in writing, dated March 1, 2003, .that there-will be no
further subdivision of either of those parcels.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the- proposed application. _
Margaret Whitley stated she is in favor of the application and offered
to answer any questions.
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Chairman MacManus closed the public hearing and called for
comments from the. Board.
Supervisor Claud moved the Board approve the application of Carson
and Margaret. Whitley, and .accept the proffers dated March 1, .2003
provided with the application. The motion was adopted (5-0) .with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors. voting against the motion,
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Chairman MacManus noted that there are five (5) individuals signed
up under Citizens Comments to speak on the issue with Rescue Bridge.
Supervisor .Bradshaw. moved the Board hear citizens comments on
transportation .matters and then address the issue of the Rescue Bridge. The
motion was adopted unanimously (5-0).
James Wyatt of Rescue stated more .money than necessary is being
proposed to be spent on Rescue Bridge which is now proposed at a height of
seventeen (17) feet to accommodate larger boats. He stated he was advised
by the VDOT Resident Engineer at the community meeting held in Rescue
that the height of the roadway would not have to be raised to accommodate a
seventeen (1 ?) foot bridge. He stated now an eleven (11) foot rise. in the
roadway is being proposed which will block of~many.residents access to the
road. He stated something would have to be done with the causeway across
the marsh, which has been underwater due to the high tide, He
recommended building a smaller bridge and, keep the height down so that
the- residents could retain their view. He asked with the current economy, is
it really feasible to spend $3.3 million on top of the money already expended
for the Rescue Bridge?
Linda .Farmer noted Mr. Neblett recently met with her and her parents
at their home in Rescue at which time he admitted having the wrong set of
plans when he advised her parents that the road level at his existing
driveway would be raised approximately six (6) feet. She stated Mr. Neblett
has since advised the County Administrator that .the driveway would be
raised 9.25- feet on the east side of the driveway, but raised-11.05 feet on the
west side. She stated while the current plans arenot those that were shown
to the public at the public hearing in 2000, -the only notification received by
her father was in April, 2001. notifying him that the Transportation Board
had approved a seventeen (17) foot clearance. She stated she .does not feel
that VDOT had fulfilled its obligation by giving consideration to the citizens
of Rescue whose small community will be immensely andforever changed..
She stated Jones .Creek has not gotten any wider; the. community of Rescue
has no new residents; and, there are not any. businesses located there. She
stated the .County requested the seventeen (17) foot clearance many years
ago under the assumption that the new ,clearance would nat change the
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community of .fescue. She requested the Board proceed with the original
WDOT recommendation of a twelve (12) foot clearance -which would
accommodate most of those boats that would attempt to navigate the narrow.
channel and. waterways.
John Perry of Smiths. Neck Road ,stated he has a civil engineering
degree and has worked with VDOT preparing ;highway profiles in the
Richmond district. He fated he also .worked on the. Benjamin Harrison
Bridge in. Hopewell He stated a 35 mph speed. limit on the bridge .will.
encourage motorists to enter the community of Rescue at a high,- rate of
speed. He stated there would be nothing on the bridge to signal a motorist
that there is a congested area ahead. He recommended that the design speed
of the bridge be 25 mph. With respect,to the height of the bridge, he .stated
at low tide there is not even three (3) feet of water a quarter. mile up from the
bridge.- He noted no boat owner is going to run an expensive boat. in an area.
with only three (3) feet of water. He recommended that the design height of
the bridge. be revisited. He stated the. bridge protect is designed to last fifty
(50) years and consideration should be given to raising the causeway and
installing some type of mitigating channel on the other side to relieve flood
waters..
Linda Dunning of Rescue noted that it is a quaint village, and the-more
she hears about the bridge-the more she believes. VDOT is creating problems
for a small village that did not want a higher bridge. She stated the residents
of Rescue are going to have to live with any change for the rest of-their lives.
Mr. Neblett briefed the Board and public on the events leading up to
this point in time with the Rescue Bridge. He stated .initially VDOT was
considering an eight (8) footbridge and. the designheight was thenchanged
to twelve. (12) feet and. finally to seventeen (17) feet. He stated the height of
the bridge was decided upon at seventeen (17) feet and VDOT was directed
to proceed with design of that height. He stated he met with Mr. Carter in
August of 2001 to discuss his interests and admitted that there have been
changes to the bridge during. the design on the approach to the Rescue side
in 2001 _ to not only accommodate the seventeen (17) foot height
recommended to VDOT, but also to maintain the minimum sight .distance
• fora 35 mph. design speed. He stated where there is a vertical height or
vertical curve, a normal design is at least ten (10) miles above -the posted
speed limit in the immediate area. He stated it was necessary to keep the fill
on the causeway on the .Battery Park side as low as possible, which is one
(1) reason that the bridge was extended. He stated the final design. does
reflect a higher: grade than what was. presented at the public hearing because
of sight distance and vertical height.. He stated the issue of safety is
paramount to VDOT .and it does not want to create a situation where a
bridge is an .unsafe structure. He admitted there were. changes on the final.
design sheets as the project moved through the design process to achieve
minimum site distance and minimum clearance recommended.
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Supervisor Bradshaw. referenced VD4T's first attempt in i 993 which
cost approximately 51.4 million and for which the .County is still paying the
state. He requested that Mr. Neblett elaborate on why the first attempt was
.unsuccessful.
Mr. Neblett stated VDOT was attempting to locate the proposed
bridge parallel to .the existing bridge so that it could be utilized during the
construction process. He stated the fill that was placed adjacent to the
existing bridge began to create a mud way :and gave concern to a number of
environmental agencies. •
• Supervisor Bradby noted the village of Rescue is a quiet community.
He inquired if the construction process has gone too far to make any
adjustments.
Mr. Neblett stated the VDOT local design personnel have advised that
any change made as you come off the bridge into the community of Rescue,
because of the grade, could only be made in terms of inches, not feet. He
stated the project has gone too far at, this point unless the County wishes to
go through another very expensive. process..
Chairman- MacManus inquired if flood conditions for hurricanes have.
been considered by VDOT to allow water to flow up or down Jones Creek
without causing significant damage.
Mr. Neblett stated floodwaters would proceed over the causeway
during hurricanes as a relief valve.
Chairman MacManus inquired how long the County would have to
wait for possible funding and a new bridge if there was a stop work or
.redesign requested.
Mr. Neblett stated it would .most. likely be five (5) or six (6) years.
Supervisor Clark noted that all changes are substantial from what was
originally approved by the Board. He stated it was the Board's desire that
nothing would be done to substantially. change the character of Rescue and
the artist's rendition did .not reflect that there was going to be that much of
an increase in elevation and that it would affect property values and
residents' enjoyment of.their property. He requested Mr. Neblett provide
specifics on what can be -done to reduce the impact on the community.
Supervisor Bradshaw noted that the resolution adopted by the Board
stated that the design of the bridge would be redesigned to be sensitive to
the historic character of the Rescue and Battery Park communities.
.Chairman MacManus stated the County developed a plan, with citizen
involvement, to move forward ~in a positive ~ manner and he finds it
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disturbing that the Board is seeing numbers that were not as conservative as
he would have thought they would be to decrease the impact in light of the
.resolution adopted by the Board to emphasize this point.
Supervisor Bradshaw noted that the design has changed from what
was originally presented and approved by the Board. He stated the County
is already in debt $l.4 million and. the current project is projected. at $3.8
million. He stated- he is afraid.that the County will be accountable for any
design changes at thispoint and responsible for paying any difference.
Supervisor Claud stated he believes there are- extenuating
circumstances present and that. VDOT should go back and..look at other
alternatives even if it may not be what VDOT normally likes. to design.
Supervisor Clark stated he believes VDOT .needs to try to -
accommodate the County's concerns, whether it means a substantially lower ,,
speed limit or restricting truck traffic. He stated VDOT needs to come-back I
to the Board with all options to reduce the eft'ect on this community.:
Supervisor Bradshaw noted that the change occurred after the original
public hearing,. which was a VDOT mistake, and he would expect the
Commonwealth Transportation Board to pick up the funding as a result.
Mr. Neblett stated he would :recommend that the Board invite Ms.
Wimbush to the quarterly meeting.
..Supervisor. Clark stated he wanted to know all the design options, any
cost impact and who will be the funding source: .
Supervisor Bradshaw noted that there is a transportation public
hearing at the HRPDC at 9:00 a.m. on Thursday, March 27, .2003 and he
suggested that Supervisor Clark have the citizens present. tonight speak at
that meeting.
Chairman MacManus moved -that VDOT be directed to come back to
the Board with options that meet the Resolution previously adopted. by the
Board. in October, 2000. that indicated as the. County's top priority. that the
Board wanted this bridge to be sensitive to the historic character of the
Rescue community; that the bridge should reflect the village in its design;
that-the. Board wants options to re-enforce that sensitivedesign reflecting the
village of Rescue; what options VDOT can offer; -the. cost impact on these
design options; and, how these funding options are to be funded by the state.
The Board is anticipating a .response from VDOT back to the Board either
by the Board's work. session on March 27, 2003.. at 4:00 p.m. or by the
Board's regular meeting on April 3, 2003 at 2:00 p.m. The motion was.
adopted. (5-0)-with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud .voting in favor of the motion, and no Supervisors voting against the
motion.
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Supervisor Bradshaw moved the Board take a five (5) minute recess.
The motion was .adopted unanimously (5-0).
Supervisor Bradshaw moved the Board reconvene. The motion was
.adopted unanimously (5-0).
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Chairman MacManus called for Citizens Comments.
Tom Finderson addressed the Board concerning the study prepared in .
1993 by Tischler & Associates with respect to cash proffers. He noted that
according to the study, cash shall not be paid -until the facilities for which
such .cash is tendered, are. included in the CIP. He .noted .there are no
facilities in the CIP for the Windsor area and he is concerned that the
County will not receive any school proffers :for the southern portion of the
County. He stated there is too much space in the southern: portion of the
County and .the School Board is contemplating building an 1,100 student
school in the northern portion of the County even though the projection` is
for 600 students.
Chairman MacManus noted that the CIP has projects. proposed within _
the entire .five (5) districts of the County. He stated the funds -must be spent
on a CIP project within the district.
Albert Berkhart of the Newport District addressed the ,Board
concerning 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 (5) additional years, listed under Old. Business. He requested the Board
'deny the application and noted this is .strip mining which decades ago was
banned in the western part of the state due to environmental destruction in
;the coal mining areas, He noted lost and forgotten remnants of the historic
past are being .discovered. monthly and there is no clue what archeological
remnants are .being destroyed. when the County's surface is allowed to be
strip-mined.
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman noted that he had. previously provided the
Board .with. his .legal .research .and opinion with respect to a "Sunset"
rezoning clause. He recommended -that the Board accept all proffers,
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including the sunset clause offered by Mr. Batiste, should the Board approve
his rezoning request under Item 8.A of Old .Business.
County Attorney Stroman noted, that. the County is in the final: stages
of negotiations with the Virginia Department of Health on Consent Orders
for compliance. with fluoride standards by the County's Department of
;Public .Utilities.. He noted that the final draft was received by staff. this
afternoon, and it is his opinion that the County has achieved the best
settlement it could. He stated he would be recommending that the Board
authorize execution of the Consent Orders under Item 8.D of Old Business.
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Chairman MacManus called for the County Administrator's report.
County Administrator, Casket' presented a Resolution to Recognize
National County Government Week for the Board's consideration.
Supervisor Clark moved the Board adopt the following Resolution:
RESOLUTION TO RECOGNIZE
NATIONAL COUNTY GOVERNMENT WEEK
WHEREAS, counties provide government services. that are closest
to the people; and,
WHEREAS,- counties, are in the best position to deliver services that
affect our youngest citizens; and,
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WHEREAS, counties have a major responsibility in the areas of
health, mental health services, child protective services, and public
assistance; and,
WHEREAS, county governments are providing programs. that enhance
the social and emotional well being of children and families throughout the
nation.
NOW, THEREFORE, BE IT RESOLVED by the Board. of Supervisors
of the County of Isle of Wight, Virginia that the week of Apri16-12, 2U03 be
recognized as National County Government Week in recognition of the
.leadership, innovation. and valuable service provided by our nation's'
counties.
The motion was adopted (5-0) with Supervisors. MacManus, Bradby, t
Bradshaw, Clark and Claud voting. in .favor of .the motion, and no
Supervisors voting against the motion.
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County Administrator Casket' recommended the Board consider
setting a date for a work session on -the FY03-04 General Operating and
Capital Budget Work Session. He stated staff is recommending a work
session on March 27, 2003.
The Board concluded Monday, March 24, 2003 at 4:00 p.m. in the
Board of Supervisors Room would be acceptable for all members to conduct
a work session on .the FY03-04 General Operating and Capital Budget and
that a motion would be made at the end of the meeting to continue this
meeting to that date.
County Administrator Casket' stated the Planning Commission is
recommending the Board approve .the Capital .Improvements Plan for
FY2004-2008. and he would recommend the -Board authorize a public
.hearing for its April 17, 2003 meeting.
Supervisor Claud moved the Board authorize a public hearing for the
Board's April 17, 2003 meeting to facilitate the adoption of the CIP and the
incorporation of the proposed year one capital expenditures in the FY2003-
04 budget. The motion .was adopted (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 Casket'. stated that pursuant to the ~ Board's
direction, contained in the agenda is information concerning the County's-
adjustment to its pay frequency. He requested the Board's approval. to
proceed in this direction. .
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Supervisor Bradshaw noted that he could not. vote in favor of going to
a twice-a-month pay cycle as it would be more advantageous to employees if
the Board improved the County's fringe benefits rather than incurring the
cost of implementing twice a month pay.
.Supervisor Claud .moved the Board approve the transition to a
uniform, semi-monthly pay cycle and the .Schedule for linplementation of
semi-Monthly Payroll. -The motion was adopted (4-1) with Supervisors
MacManus, Bradby,. Clark and Claud voting in favor of -the motion, and
Supervisor Bradshaw voting against the motion. .
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Chairman MacManus called for-Old Business.
County Administrator Casket' stated pursuant to the.Board's request is
a report from Donald Long, Director of Public Works,. regarding the Jones
Creek .Convenience Center, noting that staff, responsive to comments
received from David Barclay at the Board's February 20, -2003 meeting, has
requested, and SPSA has agreed, to respond- to requests for emergency
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dumps. SPSA is researching whether there is a more "user friendly"
container available on the market for the elderly and handicapped and will
consider the purchase of such a container as they add or replace existing
containers.
Chairman MacManus called for consideration of the following:
The application of Earl H. Batiste to amend Conditional :Suburban
Estate .zoning of nine (9) acres of -land located. on the south side of
Sugar Hill Road (Route 661) east of Carrollton. Boulevard (Route 17)
in the Newport Election District. The purpose of the application is for
a residential subdivision of no more than nine (9) lots, as conditioned.
(Tabled February 20, 2003).
County Attorney Stroman advised -that if it is the Board's desire to
approve the application, the Board's motion should include acceptance of all.
proffers, including the "sunset clause,"
Supervisor Clark moved the Board approve the application of Earl H.
Batiste,. with acceptance of all the proffers including the "sunset clause"
tendered by letter dated.. February 14, 2003. The motion--was adopted (4-1)
with Supervisors MacManus, Bradby, Clark and Ciaud voting in favor of the
motion, and Supervisor Bradshaw voting against. the motion.
Chairman MacManus called for consideration of the following:
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 (5) .additional years. Said borrow pit is ..located
on the west side of Turner Drive (Route 644) adjacent to 14182 Turner
.Drive, Smithfield, in the Windsor Election District. (Tabled
• December I9, 2002 and February 20, 2003).
Mr. Hartley stated the $oard tabled .consideration of the application at
its March meeting to .allow. additional input to be received from the school
system, the Department of Economic Development, .and the Smithfield
Town Council.. He noted :included in the agenda are the six (6) conditions
cited. by the Planning Commission to the Town Council.. He stated the.
Town Council would not be considering this application until its meeting of
April 1,.2003 meeting and staff is therefore recommending that the matter ,
be .tabled until the Board's April 3, 2003 meeting in order to receive input
from the Town. Council
Supervisor Bradshaw moved the Board-table the application of Mollie
G. Turner Family Limited Partnership and Bay Sand Company, Inc. until the
Board's April 1 ~, 2003 meeting and direct staff to review the information
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provided by the Director of Economic Development and the school system,
and include the County Attorney's -input to summarize .the conclusions of
the different .opinions and to offer conditional uses.. The .motion was
adopted (5-0) with-.Supervisors MacManus, Bradby, Bradshaw, Clark and.
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
With respect to the consideration of the Consent Orders for. fluoride
compliance with the Virginia Department of Health, County Attorney
Stroman noted that subparagraph 5 of page 4 provides that should the
County experience a delay caused by DEQ groundwater withdrawal permits,
then the modification must not be unreasonably held by the Virginia
.Department of Health which is a reasonable. compromise and gives the
County a legal standard by which to seek an extension.
E. Wayne Rountree, P.E., Director of Public Utilities, stated the Board
previously agreed to extend the waterline to the Obrey system. He stated the
Board's direction with respect to Smithfield Heights and Carrsville is to
attempt the test wells. He stated the County was planning to handle the
Smithfield Heights system -first and. then proceed with the Carrsville system,
but this Order stipulates that both systems will be done simultaneously. He
distributed a sheet illustrating the construction timeframes to be followed by
the County with the. associated costs. He also distributed a sheet illustrating
- how the County needs to modify :its Capital Improvements Program. He
stated staff .feels confident that the. County's next year appropriation of
$620,000, can be reduced; however, the next year appropriation of $630,000
would increase to $1,OOQ000.
Supervisor Bradshaw moved that the Board .direct staff to contact
Congressman Randy Forbes and request his` support in acquiring federal
funding for these projects with. the explanation-that this is being done in
response to EPA mandated requirements that have been translated to .state
level requirements;, to .indicate what the. cost impact is per home; and, that
the compliance issue is sensitive only to a small portion of the state. The
.motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and .Claud .voting in favor of .the motion, and no Supervisors voting
against the motion.-
Supervisor Claud moved that the CIP reflect the revised figures of
FY03/04 in the amount of $250,000 and FY04-OS in the amount of
$1,000,000 for fluoride compliance. The motion was adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Claud moved the. Board authorize the Chairman and
County Attorney to execute the Consent Orders. for Obrey Subdivision
waterworks, Carrsville waterworks and the .Smithfield Heights waterworks
with the Virginia. Department of Health. The motion was adopted (5-0) with
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Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
. of the motion, and no Supervisors voting against the motion.
County Attorney Stroman announced publicly that the. County and the
City of Suffolk worked closely together in -the final stages of negotiations
with the Department of Health which benefited both localities.
Supervisor Clark inquired if the Department of Conservation -and
Recreation. (DCR) had performed a soils and erosion review for the County.:
Mr. Hartley advised that staff received a report earlier this month,
which indicated that the County needs to make some improvements to its
.program. He noted that he intends to implement a plan and forward it to the
Board next week.-
Supervisor Clark moved that the Board- direct staff to contact DCR to
determine if there are any complaints with regard to the County. The .motion
was. adopted (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 inquired which staff members have soil and. erosion
certification.
Mr. Hartley advised. that Pam Shaw is a certified inspector, and Mr.
Randolph, Mr. Watkins and he have all taken the basic training program,
which is one (1) part of a two (2) part requirement to become a certified
inspector.
Supervisor Clark inquired if citizens who desire to obtain several
truckloads of dirt from the.Eagle Harbor development to fill in holes in their
yard are required to obtain. land disturbance permits.
Mr. Hartley stated a land disturbance permit is only. required if more
than 2,500 square feet of area is disturbed, but there is an agreement in lieu
of a plan that can be utilized. He noted staff could also .grant an exception
for general maintenance.
Supervisor dark requested Mr. Hartley contact Mr. Babb, who resides
on Rainbow Road.
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Supervisor Clark requested Ms Shaw inspect the construction sites
along Whippingham Parkway. He noted currently there are no silt fences in
place.
Supervisor Clark inquired if money for the school site at Eagle Harbor
and Founders Pointe has been received.
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Ms. Seward stated that she was advised by the. prior County Attorney
that this was accomplished through cash proffer negotiations with Founders
Pointe and that that amount is to be paid at $2,000 per lot, for a total amount
of $688,000.
County Attorney Stroman noted. the proffers are paid as the lots are
conveyed, except .for the apartments, as these proffers -are paid as the
Certificates of Occupancy are issued.
Supervisor Clark inquired if the drainage issue: has been addressed on
.Brewers Neck Boulevard.
Mr. Hartley noted he needs to get a.Jail clean up crew, but to date they
have been scheduled to work elsewhere.
Supervisor Clark requested this be included as an action item until the
issue is resolved.
Supervisor Clark inquired.about the status of Cannon Acres.
Mr. Hartley .noted staff has received one (1 } estimate in excess of
$11,000 to repair the ditch and staff is attempting to locate someone who
can design and repair the ditch. for a lower cost.
Supervisor Bradshaw warned that repairing this ditch -would be
opening up the door as there are a lot of ditches that have been granted to
the County for which it will be responsible..
Supervisor Ctaud noted that staff is developing a policy in this regard
far Board consideration.
Supervisor Clark noted that the policy should include language as to
whether or not the County will continue to accept these drainage ditches. He
:pointed out that this is not about maintaining a ditch, but rather directing
staff- to obtain an estimate to repair a ditch that is adversely affecting
someone's property values..
Supervisor Clark requested this be included as an action item until the
issue is resolved.
Supervisor Clark inquired about the status of the dilapidated home off
of Bayview Road.
Mr. Hartley stated Mr. Watkins has contacted the homeowner and
received his permission to get.a contractor, at the owner'sexpense, to clean
up the property and board-up the house.. He noted that the contractor has
reviewed the site and is now trying to get the- owner to allow him to tear the
house down.
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Supervisor Clark noted that the Carrollton Volunteer Fire Department
would. probably be willing to control burn the. house for -the owner.
Supervisor Clark inquired about the status of Merritt Cove.
Mr. Hartley advised that he has not heard back from VDOT on the
lane marking change or the drainage.
Supervisor Clark requested this be included. as an action ..item- until the
issue is resolved and that the Resident Engineer be requested to address this
matter. when headdresses the Rescue Bridge project with the Board.
Supervisor Clark recommended archeological studies be performed on
all major. rezonings in the County.- He noted, if given the opportunity, staff
should check Founders Point, as it contains a civil war battery.
Chairman. MacManus stated the Zoning Ordinance is currently-being
revised to look at what `will be required for rezonings and it would be
appropriate for the Planning Commission to consider this.
Mr. Hartley stated the Planning Commission has already discussed
this matter in both regular rezonings and planned developments. He stated
James City County does a study to .establish high,~medium and-low priority
areas. He :stated in high areas, a more extensive: study is required through
the rezoning process.
Supervisor Clark stated .this cost can be placed. on developers .when
they request rezonings and. staff, from this point forward, should require a
study be performed.
Supervisor Clark requested that staff include appropriate language in
the Zoning Ordinance to require that if a gasoline service .station is vacant '
for more than a year and a half that the owner be required to remove the
pumps and fill the tanks or take whatever action to be environmentally
sensitive.
Supervisor Clark requested Mr. Hartley elaborate on the process by
which the Board of Zoning Appeals reviews RPAs.
Mr. Hartley stated there is a case .now under consideration where the
RPA information. was historic and based upon a site inspection,, the owner
has agreed to .update that information before it goes back to the Board of
Zoning Appeals.
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Chairman MacManus called for ew Business..
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Supervisor Bradshaw requested that .the County Attorney review the
statue with respect. to properly assessing land that is used for borrow pits.
He stated the County's reassessments are suppose to be based on the use of
the property, .and if use of a property is for a .borrow pit, then the County
should be assessing. this property based on the value of the sand. being
extracted.
Supervisor Bradshaw moved the Board direct the County Attorney to
review ,the statute with .regards to properly assessing land that is used. for
borrow pits, to include the amount of sand that could be excavated by
approved action of the government. The motion was adopted (S-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman. MacManus noted that he received correspondence from
Connie Rhodes, Executive Director, Chamber of Commerce, advising of
their interest in pursuing a farmer's. market which is being modeled on the
Williamsburg concept at Merchant Square. He noted Ms. Rhodes is
requesting the County's participation- through the tourism and economic
development organizations. He stated he believes this is an appropriate
method to bring revenue to the community while helping .the farming
industry within the County..
Chairman MacManus moved the .Board direct staff to` work with the
Chamber of Commerce. to determine if there is a .healthy. environment that
can be created for a .farmer's market. The motion was adopted {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 a closed session .matter be added
to the agenda under Section 2.2-3711.A.3 ~ concerning the possible
acquisition of private property fora .public purpose and under Section 2.2-
3711.A.7 concerning consultation with legal counsel regarding specific legal
matters requiring the provision of legal advice by such counsel
Supervisor. Bradshaw moved the Board enter closed. session for the
reasons stated. The motion was .adopted unanimously (5-0}.
.Supervisor Bradshaw moved the Board return to open session. The
motion was adopted unanimously (5-0).
Supervisor .Bradshaw -moved the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
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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 2.2-3712:D 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 TT RESOLVED that the Board of Supervisors
..hereby certifies that,. to the best of each member's knowledge,. (i) only public .
business. matters awfully exempted from open meeting .requirements by
Virginia-law were discussed in the closed meeting. to which this certification
resolution applies, and (ii) only such public business matters as were iden~fied
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors...
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS:0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
Supervisor. Bradshaw moved the Board continue its meeting until ''
March. 24, 2003 at 4.00 p.m. in the Board of Supervisors Room for a work
session on the FY03-04 General C3perating and Capital Budget.: The motion
was adopted unanimously (S-0).
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Richard K. MacManus, Chairman
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