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10-02-2003 Regular MeetingBOCK t ~2 rq;rf ?•~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND THREE PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw (Arrived at 2:05 p.m.) Henry H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney ~ ~: W. Douglas Caskey, County Administrator Donald T. Robertson, .Assistant County AdministratorlDirector of Human Resources Carey Mills Storm, Recording Secretary Chairman MacManus called the meeting to order at 2:02 p.m. /! Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. !/ Chairman MacManus called for approval of the agenda. County Attorney Stroman requested under Item 11, Closed Meeting, that nine (9) matters under Section 2.2-3711.A.7 of the Code of Virginia pertaining to actual or probable litigation requiring the provision of .legal advice be added to the agenda; one (1) matter under Section 2.2-3711.A.7 of the Code of Virginia pertaining to the provision of legal advice by counsel and the investment of public funds be added; one (1) matter under Section 2.2-3711.A.5 of the Code of Virginia pertaining to the provision of legal advice concerning a prospective business; a personnel matter under Section 2.2-3711.A.1 of the Code of Virginia be added; and, that under New Business, .Supervisor Claud wishes to make an appointment to the Beautification Committee. ^ Supervisor Claud 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. 1. ~oo~ 22 rACr 26 ~~ Chairman MacManus called for discussion on the Declaration of A Local Emergency: County Administrator Caskey stated the County declared a local emergency in anticipation of Hurricane Isabel on September 17, 2003 at 8:00 a.m. He stated the Code of Virginia provides for the Declaration of Local Emergency by the .local Director of Emergency Management with the consent of the governing body and for the Board's consideration is a resolution he recommends the Board adopt. Supervisor Claud moved that the Board adopt the following Resolution to Declare a Local Emergency: RESOLUTION TO DECLARE A LOCAL EMERGENCY WHEREAS, due to the projected landfall and impact of Hurricane Isabel, the County is facing the potential for heavy rain, wind storms, and, a condition of extreme peril of life and property which necessitates the proclamation of the existenceofan emergency; and, WHEREAS, Section 44-146.21 of the Code of Virginia provides for the declaration of local emergencies; and, WHEREAS, the Isle, of Wight County Board of Supervisors has approved. an Emergency Operations Plan. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does confirm the declaration of a local emergency, BE IT FURTHER RESOLVED that during the existence of said emergency the powers, functions, and duties of the director of emergency management for the County of Isle of Wight and other local ofFicers and employees having emergency responsibilities shall be those prescribed by the Plan and all applicable State and Federal law; and, BE IT FURTHER RESOLVED that this resolution is effective this date, and shall remain in effect until rescinded by the Board of Supervisors as provided by law. 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. // 2 80011 • 22 Ypr!' ~~ Chairman MacManus called for a special briefing on Hurricane Isabel. Assistant County Administrator and Public Information .Officer Robertson briefed the Board on past and ongoing activities associated with. Hurricane Isabel. He noted that while information is still being received from various agencies, there were approximately 255 structures damaged in the County, thirty-nine (39) of which have been declared uninhabitable by the County's Inspections Department, for a total preliminary value of $3.7 million. He further noted that there were several businesses in the County that sustained damage, and the Extension Agent has assessed the agricultural impact at $7.4 million. He noted debris management is currently underway, and approximately % of the material that is expected to be collected over the next several weeks has been collected. He stated staff is attempting to match senior .citizens and disabled individuals that are requesting assistance in having their trees cut and hauled away with volunteer organizations that are providing that type of service. He stated most all of the trees along the Courthouse Complex were damaged and were removed and the Nike Park facility was substantially damaged. He further stated VACo, the County's insurance provider, will be performing an assessment and assisting the County with a complete assessment of damage. He noted that Public Utilities staff worked diligently fixing leaks and breaks in the County's water ar~d sewer systems and kept them operational via generators. He stated water quality issues. throughout the County are continuing to be addressed. He stated County staff, along with FEMA and VDOT performed assessments of the County's primary and secondary roadways and most roadways have been cleared. He stated there will be certain challenges relative to the County's Zoning .Ordinance and the policies that will affect individuals as .they begin rebuilding and recovering from this hurricane. He stated Virginia Power and Community Electric have restored permanent electrical service to _ most of the County's citizens. He stated shelters were opened at the Smithfield High School and Windsor High School which housed approximately 650 individuals. He noted that there were also other organizations and churches that assisted individuals with safe havens or shelter during the hurricane. He stated staff was initially unsuccessful with .the procurement of ice and water through the State and FEMA, but with the assistance of Smithfield Foods, distribution of ice and water began at the .Courthouse Complex, Smithfield and Windsor High Schools, and most of the volunteer fire and rescue facilities. He stated food was provided via the Salvation Army, Red Cross and volunteers in the County. He stated Social Services has begun and will be accepting applications for emergency food stamps over the next several .weeks. He stated in an effort to inform the public on the location of the water and ice distribution sites, staff conducted interviews that were aired on t.v, and radio, the County set up a general information line at the Courthouse Complex, and the various volunteer fire and rescue organizations,. aswell as volunteers assisted. with spreading the word to the public. He stated a meeting is also scheduled for Monday, October 6, 2003 at 7:00 p.m. in the 3 eooK 22.E+:~ 2~ Circuit Court Room where efforts will continue to .match individuals with agencies that can assist them in their recovery. He .stated staff has provided information. about the meeting to the various newspapers, as well as advertising it on the County's PEG channel and website, and at the County's various library facilities and at various areas around the Courthouse Complex. He stated that staff did not know until .late yesterday that it had commitments from agencies that could attend. He stated many volunteer individual and agencies assisted with community outreach. He .stated a disaster relief center was established in Smithfield and volunteers from throughout the country assisted with distribution of water, food and ice. He stated a Marine Corps Reserve Unit volunteered their assistance and National Guard personnel were assigned to this area to keep up with the demand for delivery of water and ice. He stated Tucker Swamp Baptist Church volunteered their assistance, as well as the Virginia. United Methodist Church Relief Organization. He stated Social Services staff and County employees worked tirelessly in assisting with sheltering needs and, in the aftermath, with basic needs of citizens. Supervisor Bradshaw suggested that staff distribute flyers to the various schools to publicize the meeting scheduled for Monday, October 6a` in the Circuit Court Room. Chairman MacManus suggested that posters be distributed to the various grocery stores in the .area. Supervisor Bradby inquired if follow-up meetings could be held in various communities throughout the County. Chairman MacManus noted that due to the impact to each district, .the Courthouse Complex was considered the most central location for this meeting so that all five (5) districts could be served equally in the County. Supervisor Bradshaw suggested that Supervisor Bradby contact Mr. Robertson .and request that County staff conduct a meeting in his community. Sheriff C. W. Phelps stated his personnel met with County staff on several occasions to discuss the upcoming storm. He stated the County was divided into districts and deputies were assigned on a twelve (12) hour shift. He stated he had two (2) civilian individuals monitoring the Blackwater River for the Sheriffls Department. He stated because of the. efforts of certain volunteers in clearing. the roadways, his staff in a short period of time was able to evaluate the various areas of the County. He expressed gratitude for the efforts of the Carrsville Volunteer Fire Department and the Rushmere Volunteer Fire Department members who enabled the Sheriffls Department to assess the damage that had occurred in the County. 4 eoo~ ~. 22~ ~~~~ ~~ John Catron, Social Services Director, reported the primary responsibility of Social Services was to man the two (2) shelters that were opened on September 17, 2003. He stated twenty-three (23) Social Services employees and twelve (12) County employees manned the shelters on two (2) different shifts. He stated there were 618 evacuees, not including Social Services staff. He expressed appreciation to the HAM operators who offered their assistance in contacting Social Services staff at the shelters who had no telephones. He stated Red Cross volunteers and members of the Health Department also assisted at the shelters. He stated his staff logged in excess of 1,100 hours at the shelters. Glenn Rountree, Extension Agent, made reference to his report assessing the agricultural impact to the County as a result of the hurricane. Supervisor Bradshaw suggested that Mr. Rountree contact Senator Allen and Congressman Forbes with respect to assistance for the County's. farmers. He noted farmers are not asking for loans, but direct grants. Mr. Rountree stated at this point, farmers are only eligible to receive low-interest emergency loans, which only adds to their debt and is not what they need at this time. He stated it could be as long as a year before County farmers receive any assistance. Supervisor Bradshaw noted that the FHA is advising farmers to document the amount of time they have spent. clearing trees. Chairman MacManus invited Mr. .Rountree to bring back any recommendations for Board action as the County's agricultural community is in desperate need of help and has been devastated by this storm. MacFarland Neblett, Resident Engineer, VDOT, acknowledged the help VDOT received from private citizens and. emergency services that opened paths along the County's roadways. He stated VDOT initiated a two. (2) phase process, the first step being to cut the trees in order to open up travel lanes. He stated the second phase is clearing and removal of the debris by working with a contractor on a Hampton Roads district-wide contract. He stated VDOT's preliminary estimate with regards to clearing the roadways in the County is approximately $6.5 million. County Administrator Caskey acknowledged the commitment and .dedication displayed by his staff and expressed his appreciation to all that assisted in various ways during the hurricane. He noted he would be developing a comprehensive list in the future of individuals to be thanked that he would present to the Board in a more formal fashion. - Supervisor Bradby personally thanked Sheriff Fhelps and his staff for providing security for the Burwells Bay area. He also thanked the Director of Public Utilities, the Director of Public Works, the County Administrator 5 eooK 22 ~~~. 30 and all County staff for their tireless efforts .during the storm .event. He noted that Mr. Finderson and Ms. Edwards also delivered food to the Rushmere .community. Supervisor Claud personally thanked County staff, volunteers and all the various volunteer organizations for their assistance during the hurricane. Supervisor Bradshaw personally thanked County staff and Department Heads for their. outstanding efforts associated with the storm. He stated he was very proud of the way the County pulled together as a community. Chairman MacManus noted that great effort was put forth by not only the Towns of Smithfield and Windsor and County staff, but by many citizens in the County, as well. He stated the Board intends to capture the "lessons learned" from Hurricane Isabel and move forward. He stated there are still citizens in the County suffering at this time, and work must continue to take care of these individuals to ensure that everyone recovers from the storm. Supervisor Bradby noted that Burwells Bay suffered the most damage during the storm, and he encouraged the Board to be cooperative with the residents of that area during the recovery process. Chairman MacManus stated that staff has heard from Congressman Forbes, and the County will be attending a congressional hearing on FEMA to ensure that that organization covers all the needs of the citizens. He stated the Chamber of Commerce is soliciting comments on how it can .best assist businesses in the area. // Chairman MacManus indicated the Consent Agenda included the following items; . Resolution to Submit An Application and to Accept and Appropriate V-STOP Grant Program Funds From. the Commonwealth of Virginia . DEQ/Public Notices for September 8, 2003 Actions of the Isle of Wight County Board of Zoning Appeals Meeting of September 2, 2003 . Actions of the Isle of Wight County Planning Commission Meeting of September 9, 2003 Delinquent Real Estate Tax Collection Monthly Report 6 ~w~~ i T'. 1 22 :h.: . 80011 •• August 21, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. Supervisor Bradshaw moved the Board adopt the above Consent Agenda items. 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 MacManus called for Transportation Matters. MacFarland Neblett, Resident Engineer, VDOT, offered to address any questions of the Board. Supervisor Claud requested staff to set up a meeting between R. L. Walker, the VDOT Resident Engineer and himself to discuss drainage problems on Central Hill Road. Supervisor Bradshaw inquired about the status of the Block Grant program for the Camptown community pertaining to the narrowness of the road. Mr. Neblett stated additional ditching efforts have been performed in the Camptown area. He stated he thought once the Block Grant work was completed, that the citizens were satisfied. Supervisor Bradshaw, in conjunction with Mr. Hartley, noted he would meet with the Camptown residents and advise Mr. Neblett once they receive clarification. Supervisor Bradshaw requested that Mr. Neblett double check to ensure that the ditches were cleaned along Council Road. Supervisor Bradshaw requested the status of the drainage work at Zuni Circle. Mr. Neblett stated work has been delayed as a result of the hurricane. Supervisor Clark stressed the need for a transitioning speed limit out of Battery Park Road (from Battery Park Road to the intersection of Gatling Pointe Parkway on both sides of the roadway). He also requested the status of the "Watch for Children" signs. Jonathan W. Hartley, Director of Planning and Zoning, offered to bring a resolution for. consideration by the Board at its October 16, 2003 with respect to "Watch for Children" signs. 7 90~K Supervisor Clark notified Mr. Neblett about a tree on Rainbow Road that is broken at the base. Mr. Neblett .offered to investigate and address the matter. Supervisor Bradby notified Mr. Neblett about a tree that is leaning on Track Lane which needs to be removed. Mr. Neblett offered to address the matter. Supervisor Bradshaw inquired if the drainage problems have been addressed on Whispering Pines Trail. Mr. Neblett offered to discuss the matter with the VDOT Superintendent to ensure the road grader does not push dirt into Mr. Babb's driveway. Chairman MacManus requested that he be provided with the criteria utilized by VDOT-for justifying crosswalks. Mr. Hartley presented a request from the Town of Windsor to close North Court Street, A Street, Duke Street and Church Street on a date to be determined by the Town of Windsor for the purpose of conducting a parade. Supervisor Claud moved that the .Board approve the request of the Town of Windsor. 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 notified the Board that the 2002 Hearing on the Six-Year Improvement Program by the Commonwealth Transportation Board and the .Virginia Department of Transportation is scheduled for November 6, 2003 at Thomas Nelson Community College at 5:00 p.m. He noted he would incorporate any comments made by the Board this evening into the March, 2003 resolution and bring it back to the. Board for its further consideration and adoption. Chairman MacManus suggested that the full funding of the second phase of the Route 10 widening at Fort Huger Drive be shown. Supervisor Clark moved that the Board direct staff to revise the Resolution Establishing the Recommendations of the Board of Supervisors of Isle of Wight County, Virginia, for the 2004 Virginia Transportation Development Plan of the Commonwealth Transportation Board and Virginia Department of Transportation, and present it for consideration by the Board at its October 16, 2003 meeting. The motion was adopted by a vote of (5-0) 8 eonK 22 ~Fr:.:~3 with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the. motion, and no Supervisors voting against the motion. Mr. Hartley. notified the Board that the VDOT quarterly meeting scheduled for September 25, 2003 had to be cancelled, but he would attempt to reschedule the meeting with the VDOT District Administrator as soon as possible. He requested the Board advise hirn of any additional transportation items to be included. Chairman MacManus inquired about the. status of the traffic light at Nike Park Road and Battery Park Road. Mr. Neblett stated he believes VDOT intends to install the light by the end of the calendar year. He stated he would verify the date when he returns to the office and request that the project be expedited as soon as possible. Supervisor Claud requested Mr. Neblett correct the Six-Year Plan to reflect that Campbells Chapel comes before Whispering Pines. Supervisor Claud moved that staff be directed to include the VDOT policy concerning striping of secondary roads be added to the list of Board concerns to be discussed at the VDOT quarterly meeting. 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. Chairman MacManus requested that staff address the issue of special safety zones at the meeting .next week with respect to the James River Bridge, Route 460 and Route 258. Supervisor Bradshaw moved that the Board direct staff to meet with Mr. Barr with respect to the safety of roads, especially with respect to the flooding of primary roads and present a report on their findings at the VDOT quarterly meeting. 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 .Bradshaw requested that VDOT install flashing lights earlier than has been done in the past on Route 58 when flooding occurs over the roadway at the saw mill. // Chairman MacManus called for Citizen's Comments. Herb DeGroft recommended that the County take a broader approach to inclement weather occurrences, to include the pros and cons on what challenges the County faced, to be utilized as a tool for future storm events. 9 B04K ~~ ~"", ~4 Jim Steinke of Riverview Road thanked the Sheriff for his quick response when his home was devastated by Hurricane Isabel. He thanked the Rushmere Volunteer Fire Department for providing the community with hot meals. He stated that he met with Planning and Zoning .staff and the Assistant County Administrator who were knowledgeable about the process he would need to undertake in order to begin the recovery process.. He encouraged staff to speed up the hazard mitigation program for those affected citizens as they need to be aware of what resources are available so that they can make informed decisions. Grace Keen requested the status of-the County's Travel Policy, the zoning for St. Lukes Church and tax .relief efforts for the elderly and handicapped. She further requested that a drawing of the bathrooms for the facility at Nike Park be created so that she can share them with individuals utilizing that facility. Chairman MacManus advised Mrs. Keen that the County intends to continue using its existing Travel Policy; that staff will communicate to the Planning Commission that the Board desires additional protection for the St. Lukes area; and that the matter concerning tax .relief for the elderly and handicapped is still under review and will be considered during the upcoming budget process. Jim Steinke requested help with removal of debris from his home which is located on a private road. He further requested that the Board give priority to granting waivers for fees for those individuals affected by the storm. // Chairman MacManus called for the County Attorney's report. County Attorney Stroman stated responsive to the Planning Commission's request that an item be .referred back" to the Planning Commission for additional time to consider a rezoning application, his research indicates that the State statute will allow up to one hundred (100) days for a Planning Commission to consider an application for rezoning, pursuant. to the Code of Virginia, Section 15.2-2285 (1950, as amended). He .advised the County's Zoning Ordinance requires the Planning Commission to make a recommendation to the Board of Supervisors within sixty (60) days after its first meeting following receipt of the application, pursuant to Isle of Wight. County Code, Appendix B, Zoning, Section 15004 (c). He advised that the Planning Commission had voted to conduct a public hearing on whether or not to recommend a change to the County's Zoning Ordinance to amend Isle of Wight County Code Section 15004 (c) to increase the time within which an application could be considered to one hundred (100) days. He advised that the Planning Commission conducted a 10 BOOK ~~ ~,:'' °-~C~ public hearing, and voted unanimously to recommend that Section -15004 (c) be amended to provide for additional time for review. He advised that the Board of Supervisors has three (3) options. First, the Board can reject the recommendation and leave the Zoning Ordinance unchanged. Second, the Board can amend the Ordinance when the. Zoning Ordinance comes up for comprehensive revision in the next few. months.. Third, the Board can vote to have this matter set for public hearing and act to change the Ordinance as early as the Board's November 20, 2003 meeting. He recommended that the Board amend the Zoning Ordinance to provide for additional time because complicated rezoning applications can require more than sixty (60) days to review. Supervisor Claud moved that the Board authorize staff to advertise the proposed amendment for the November 20, 2003 meeting to change from 60 days to 100 days. 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 noted that he had several matters for closed session later in the meeting. // Chairman MacManus called for the County Administrator's report. Mr. Hartley presented the site plan review. of Jeb's Corner Market to the Board for its information. He stated pursuant to the request of the .Board and Section 4215 of the Zoning Ordinance, site plans for development in the Highway Corridor Overlay District .are to be referred to the Planning Commission and the Board for review and comment. County Attorney Stroman, in response to Supervisor Bradshaw's request, offered to investigate the issue of grandfathering BMP Agreements. E. Wayne Rountree, P.E., Director of Public Utilities, presented a Resolution Requesting the Continuation of the Closure and Detour of a Segment of Old Suffolk Road, Route 636 and-Old Mill Road, Route 607 for the Board's consideration. Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION REQUESTING THE CONTINUATION OF THE CLOSURE AND DETOUR OF A SEGMENT OF OLD SUFFOLK ROAD, ROUTE 636 AND OLD .MILL ROAD, ROUTE 607 WHEREAS, The Virginia Department of Transportation has currently authorized the temporary closure and detour of Old Suffolk Road, Route 636 11 aooK t 22 ~~:• :36 and Old Mill Road, Route 607 for the .purpose of Isle of Wight County constructing a new alignment of these roads; and, WHEREAS, The Virginia Department of Transportation is requesting that a portion of Old Suffolk Road, Route 636 and Old Mill Road, Route 607, continue to be closed to through traffic until December 1, 2003; and, WHEREAS, The Virginia Department of Transportation desires that a resolution be adopted endorsing this. request for a temporary closure of a portion of Old Suffolk Road, Route 636 and Old Mill Road, Route 607; and WHEREAS, Isle of Wight County supports having this road project completed in an efficient and timely manner. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors endorses this request by the Virginia Department of Transportation to continue to close a segment of Old Suffolk Road, Route 636 and Old Mill Road, Route 607 until December 1, 2003. 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 Claud requested that the detours be removed . as soon as possible and not at the completion of the project. County Administrator Caskey advised that staff has set up a meeting with the County's Legislative Delegation on November 20, .2003 at 4:30 p.m. He stated that Senator Quayle would not be available on that date. Chairman MacManus .requested that staff contact the County's Legislative Delegation to request a mutually agreeable meeting date and advise the Board accordingly. County Administrator Caskey requested the Board provide direction on when it desires to hold its Annual Board Retreat. Supervisor Clark moved that the Board schedule its Annual Retreat on January 9`h and 10`h at the Workforce Development Center and that staff be directed to develop an appropriate 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 MacManus called for Old Business. 12 P•, e f ~ooN 22 ;~,o~ ~~ Mr. Hartley presented the following application for the Board's consideration: The application of Harry J. Wiggs, owner and Charles C. Cummings, prospective owner, for a change in zoning classification from RAC to Rural Residential, .approximately one (1) acre of land located on the south side of Woodland Drive (Route 600) adjacent to 17402 Woodland Drive, Windsor, in the Windsor Election District. The purpose of the application is for one (1)single-family residential lot. Supervisor Claud stated the application raised several concerns with respect to the County's Comprehensive Plan because it discourages strip development along country roads and highways for safety reasons, as well as seeks to eliminate urban sprawl in areas where adequate public facilities do not exist or can not be provided in a cost effective way. Supervisor Claud moved that the Board deny the application of Harry J. Wiggs, as proffered. 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 presented the following application for the Board's consideration: The application of Roland H. Lewis .for an exception to the Chesapeake Bay Preservation Area Ordinance Section 5002 C (2). Specifically to allow encroachment in the one hundred (100) foot Resource Protection Area Buffer. The property is located at 315 Lakeview Lane, Carrollton, in the Newport Election District. The purpose of the request is to allow fill, grading and reseeding of the property within the Resource Protection Area Buffer. Mr. Hartley stated the applicant has hired an attorney to work through this issue and staff intends to set a meeting on-site to discuss what needs to be done. Supervisor Clark moved that the Board table the matter until the November 6, 2003 meeting to allow staff additional time to work with Mr. -Lewis and develop a written consent. order that is satisfactory to Mr. Lewis and County Attorney Stroman. 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. With respect to the request of Deanne Stallings for the installation of a booster pump, Supervisor Bradshaw requested County Administrator Caskey to convey to Ms. Stallings that the contractor is on-site and the line is anticipated to be installed in the near future. 13` BflO~ ~~ ~~~~ ~V Supervisor Clark moved that the Board direct Mr. Hartley to contact Mr. Hammick, a resident in Gatling Point. South, to determine how and when the curbing in the subdivision was removed and what needs to be done to replace 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. Supervisor Clark moved that the Board direct the County Attorney. and ..Public Utilities Director to review the matter of .back-up generators for private water systems for possible .legislative action by .the County's legislative representatives. 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 offered to poll his. fellow County Attorneys to determine if under the existing health and safety authority, whether similar ordinances have been enacted by other localities. Mr. Robertson advised .that staff has made revisions. requested by the Board to the County's 2004- Legislative Priorities. He stated staff has also contacted the Department of Social Services and the school administration to ensure that issues outlined for those agencies are up-to-date and the school administration advised him that it would be November 10, 2003 before it could provide any formal feedback to the Board. Supervisor Claud requested that the language contained in Adequate Public Facilities be re-written in view of what the High Growth Coalition is discussing. Supervisor Claud further requested that the .language be changed in the E-911 to ensure that it is neutral and that there is a trial period, as well as clauses to speak to growth in the future. Supervisor Claud requested that the language contained in Unfunded Mandates include several specific examples, Supervisor Bradshaw noted that he was invited, in his capacity of Chairman of the Finance Committee for VACo, to attend the meeting with the Tax Commissioner next week. He noted that due to Hurricane Isabel he was unable to attend the meeting, but he would contact VACo and provide the Board with a report on the outcome of that meeting. Chairman MacManus requested staff to incorporate the above comments and bring the legislative priorities back to the Board. // Chairman MacManus called for New Business.. 14 9; eooK 22 •~~~' `~~ ~i Supervisor Claud moved that the Board accept the resignation of Sue Crocker from the Beautification Committee. The motion was adopted unanimously (4-0) with Supervisor Clark absent for the vote. Supervisor Claud moved that the Board appoint Chris Jarrins, to fill the unexpired term of Sue Crocker, representing .the Hardy District, on the Beautification Committee. The motion was adopted unanimously (4-0) with Supervisor Clark absent for the vote. . Supervisor Bradby moved that the Board accept. the, resignation of Judy Begland from the Planning .Commission. The motion was adopted unanimously (4-0) with Supervisor Clark absent for the vote. Supervisor Bradby moved that the Board appoint James Brown, Jr., to fill the unexpired term of Judy Begland, representing the Hardy District, on the Planning Commission. The motion was adopted unanimously (4-0) with Supervisor Clark absent for the vote. Mr. Robertson distributed copies of an Ordinance to Amend Chapter 14, Buildings, Article III Fees to Waive Certain Permit Fees for Repair of Structures Damaged as a Result of Hurricane Isabel that he recommends the Board adopt. Supervisor Bradshaw moved that the County waive the permit fees and adopt the following Ordinance to Amend Chapter 14, Buildings, Article III Fees to Waive Certain Permit Fees for Repair of Structures Damaged as a Result of Hurricane Isabel to be enacted for a period of sixty (60) days: AN ORDINANCE TO AMEND CHAPTER 14, BUILDINGS, ARTICLE III FEES TO WAIVE CERTAIN PERMIT FEES FOR REPAIR OF STRUCTURES DAMAGED AS A RESULT OF ~[URRICANE ISABEL WHEREAS, Hurricane Isabel resulted in a declaration of emergency in Isle of Wight County; and WHEREAS, numerous structures within the. county were damaged by flooding and wind; and WHEREAS, fees would normally be due for permits required to make repairs; and WHEREAS, the. Board of Supervisors deems it appropriate to waive those fees in order to ease the burden of repairs on homes and businesses within Isle of Wight County and 15 eoaa 22 ,~;;, 4(l WHEREAS, Code of Virginia Section 15.2-1427.F (1950, as amended) allows for the enactment of emergency ordinances for up to 60 days. NOW, THEREFORE, BE TT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that Chapter 4, Buildings .Article III. Fees, be temporarily amended to waive fees otherwise. required for building permits for repairs or replacement of structures necessitated by Hurricane Isabel. 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 Casket' notified the Board that two (2) visitors from Isle of Wight, England would be visiting the County on Saturday, October 1 S`'' through October 22"a. He stated Chairman MacManus and he would be having dinner with these individuals on Wednesday,, October 22"a He noted that staff has prepared an itinerary, and there would also be a small informal reception on October 22"a in the Board of Supervisors' Room. Supervisor Clark inquired if debris from Hurricane Isabel will be removed from private lanes. Donald M. Long, Director of Public Works, advised that debris would be removed from all State roadways. He stated citizens are being asked to bring their debris to the nearest public highway. Chairman MacManus noted that staff had received a letter from the Macedonia African Methodist Episcopal Church advising the Board of its 111 Anniversary and requesting a letter of congratulations. Chairman MacManus moved that the Board direct staff to send a letter from the Board congratulating the Church on its longevity.. 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 Claud moved that the Board hold its work session on the Chesapeake Bay Preservation Area Ordinance before entering closed session. The motion was adopted unanimously (5-0). Chairman MacManus moved that the .Board take a five (5) minute recess before conducting .the work session. The motion was adopted unanimously (5-0). 16 4'. Chairman MacManus moved the Board return to open session and conduct the work session. The motion was adopted unanimously (5-0). Mr. Hartley .introduced Brad Belo of the Chesapeake Bay Local Assistance Department. Supervisor Claud asked Mr. Hartley if he has had an opportunity to review CBLAD's .recommendations and, if so, was there anything that caused him concern. Mr. Hartley stated he is trying to work through the issue of the Director of Planning and Zoning retaining some leeway in requiring a delineation. He stated he feels strongly that there is no need. to require an applicant to delineate who is clearly not impacting water resources. Chairman MacManus requested clarification of Section 3002, Exemptions, which requires the Virginia Department of Forestry to oversee and document the installation of best management practices. He specifically expressed a concern with whether or not the Virginia ..Department of Forestry has the resources to accomplish this requirement. Supervisor Bradshaw noted that only silvicultural activities will be overseen and monitored by the Virginia Department of Forestry. Supervisor Claud noted that "existing trees over eight (8) inches in diameter," does not allow fora safety zone. He suggested some discretion in this area. County Attorney Stroman recommended that staff insert some language in .the subsection "A" that addresses the safety issue .and provides some flexibility with respect to safety. Supervisor Bradshaw noted that any tree .less than eight (8) inches can be taken down without approval in the RMA gives the impression that there is no concern with preservation of trees in the future. He noted that once the eight (8) inch trees dies, there will be no trees to replace them. Chairman MacManus suggested there be some type of protection for the County to ensure under Section 8 (C) that all BMPs are maintained as originally designed. County Attorney Stroman asked Mr. Hartley to poll the County's sister communities to see if they have some type of surety requirement. Under Section 4002.B.2, Mr. Hartley noted that he would like the opportunity to work. further with Mr. Belo in regards to rewording the '- language with respect to the replacement of the buffer. 17 Under Section 4002.0, Chairman MacManus noted there are different rules for different groups. He noted his concern is with equality and how people are treated equitably in the County. ~Tnder Section SOOO.B.1, Chairman MacManus advised. Mr. Hartley that he removed all the following environmental features. He requested that the word "following" be deleted. County Attorney Stroman requested Mr. Hartley review the subsection (c) heading and suggested .the wording "Landscape Planning" and following that text, a "landscape plan." Under Section 5001, Mr. Hartley agreed that the County and CBLAD should be consistent, whichever language is used. He noted he preferred the date of November 15, 1990 because everything before this date was unregulated by the County, Mr, Belo noted CBLAD's goal is to make it consistent throughout, and he would refer it to the County Attorney for another date. Mr. Hartley stated for the Board's information Section 5002 allows that any exception to the requirement of this Ordinance comes before the Board unless explicitly given to the Zoning Administrator. Supervisor Bradshaw stated in respect to fees, he does not feel they should be contained in any of the ordinances, and that there. be a separate ordinance for fees. County Attorney Stroman stated one (1) reason to do it the way the County is doing it now is that it is more user. friendly to place the fees in the same section as the substantive ordinance, as opposed to having to go to a fee schedule. He recommended that the Board direct staff to prepare a table of fees as a handout so that citizens and developers will have a reference, He stated Supervisor Bradshaw's recommendation would be less work for him; however, he would rather it be more user friendly. Mr. Hartley inquired if the Board wished the Planning Commission to have an additional opportunity to comment on the proposed Ordinance and make a recommendation to the Board. He noted it is not required that a public hearing be held by the Planning Commission; however, the Board could ask the Planning Commission to make a recommendation to the Board and then place the matter on the Board's November, 2003 agenda. He stated if the Board wishes the Planning Commission to hold a public hearing, the Planning Commission could hold a public hearing on the Ordinance in November, 2003 and then the Board could hold a public hearing at its second meeting in December, 2003. 18 BOON `.~~ •..~. ~.`,~ County Attorney Stroman noted the members of the Planning Commission did indicate they .would like to discuss the Ordinance further and he suggested the Board might wish to consider that the Planning Commission not hold a public hearing, but discuss it at an upcoming meeting and then forward the matter to the Board for public hearing. Supervisor Bradshaw moved that the Planning Commission not hold a public hearing, but discuss the ordinance at a future meeting and forward the matter for a public hearing by the Board. Staff is to advertise the matter for the Board's November 20, 2003 meeting. by which time the Board will receive the Planning Commission's comments. 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 a closed session to discuss eight (8) matters under Section 2.2-371 l .A.7 of the Code of Virginia pertaining to actual or probable litigation and the provision of legal advice; to discuss one (1) matter under Section 2.2-3711.A.6 and A.7 of the Code of Virginia pertaining to the provision of legal advice by counsel and the investment of public funds. Supervisor Clark requested that a matter be added to the closed session under Section 2.2-3711.A.5 and A.7 of the Code of Virginia pertaining to the provision of legal advice concerning a prospective business where no prior announcement has been made. .Supervisor Bradshaw moved the Board enter closed session for the reasons 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. Supervisor Bradshaw moved that the Board reconvene its meeting. The motion was adopted by a vote of (~-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 that the Board adopt the following Resolutions 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, 19 s 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 IT RESOLVED that. the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the .closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the. closed meeting. were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // County Attorney Stroman recommended. that the Board reconvene in ~ closed session as to those items previously enumerated with the addition of two (2) items, one (1) item requiring the advice of counsel under Section 2.2.-3711.A7 and one (1) item pertaining to a personnel matter under Section 2.2-3711.A.1. Supervisor Bradshaw moved the Board enter closed session for the reasons 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. Supervisor Bradshaw moved the .Board reconvene its 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. Supervisor Bradshaw moved that 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, 20 4; t 9onh ~ 2~ ,.~;. A.rj .,. 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 IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed. in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting .were heard, discussed or considered by the Board of Supervisors. VOTE AYES:. MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // Chairman .MacManus read a letter from Counselor Heather Humbly of Isle of Wight, .England noting the concern of the Isle of Wight, England Council members with respect to Hurricane Isabel and .its impact on the County, // At 7:55 p.m., Supervisor Bradby moved that the Board adjourn its meeting. The motion was adopted unanimously (5-0). ..~%~~ .Richard K. MacManus, Chairman W. Dougl cey, Clerk 21