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11-20-2003 Regular Meetingf REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND 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 Caskey, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary. Chairman MacManus called the meeting. to order at 6:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman MacManus called for approval of the agenda. County Attorney Stroman requested that an .item pertaining to renaming the bridge on Route 260 be added under Item 4, Transportation Matters; Item (A) under his report concerning the exclusive franchise agreement for County Residential Garbage Collection be moved to follow the Closed Meeting; Item (B) concerning the Resolution to Amend the E- 911 Operating and Capital Budget and Appropriate Funds for a Centralized Voice and Data Connection under the County Administrator's report be moved to the County Attorney's report; and that two (2) additional legal matters and one (1) personnel matter be added to the Closed Meeting, for a total of five (5) matters. County Administrator Caskey requested a matter. concerning a change order for the Zuni water system and a matter concerning the Board's retreat be added under Old Business. He further requested. that a matter pertaining to a lease agreement for the STOP organization and a matter pertaining to a lease agreement for the YMCA be added to New Business. 1. 804N ~<„ ~ - ~~~ Supervisor Clark requested a personnel matter be added to the Closed Meeting. 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, // I Chairman MacManus called for Special Presentations. Resolution to Recognize the Isle of Wight County Fair Committee and the Tenth Anniversary of the Fair Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE THE ISLE OF WIGHT COUNTY FAIR COMMITTEE AND THE TENTH ANNIVERSARY OF THE FAIR WHEREAS, in September, 2003, the Isle of Wight County. Fair Committee produced the Tenth Annual County Fair in Isle of Wight County; and, WHEREAS, the Isle of Wight County Fair Committee has shown significant determination in recreating the County Fair each year for the past ten years: and, WHEREAS, during the past ten years, the Isle of Wight County Fair Committee has produced this event in the wake of adverse conditions including Hurricane Floyd.; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight wishes to recognize the Isle of Wight :County Fair Committee for its 4 contributions to the quality of life of the. citizens of the County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight recognizes and appreciates the. contributions of the Isle of Wight County Fair Committee to the citizens of 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. Tom Baise, Chairman, County Fair, presented the Board and Grace Keen with coats depicting the anniversary of the County Fair. 2 B~~K 6.~{.r vn'~ ~~J. D. R. Wheeler, General Manager, Hampton Roads Sanitation District, addressed the Board with respect to the sewage spill that occurred on the Newport News side of the James River in August of 2003. !/ Chairman. MacManus indicated the Consent Agenda. included the , following itemso A. Hazard Mitigation Grant Program (HMGP) B, Mosquito Control Funding Appropriation C. Action List Status Update D. Delinquent Real Estate Tax Collection Monthly Report E. October 16, 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. // Chairman MacManus called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, stated that contained in the agenda is a status update on certain transportation projects. He stated in addition, there is a listing of items to be discussed at the quarterly meeting that contains responses from VDOT. Supervisor Claud requested Mr. Hartley contact VDOT and request the reason for the delay on the Sandy Ridge Road project. Supervisor Bradshaw commented on the way in which Pruden Road was brought up to State standards. He noted that Pruden Road, which originally was to be a forty (40) foot road, was actually widened to fifty (50) feet. Supervisor Bradshaw inquired about the status of Dukes Lane. County Attorney Stroman advised that .the second deed was found to be necessary, but should be completed in the near future... Mr. Hartley noted 3 ~~ eoaK 22 •;;~:: when the deed is completed, he would bring a resolution back to the Board for consideration. Supervisor Bradshaw. brought up .the issue of flooding on secondary roadways. Mr. Hartley noted that the IT Department is in the process of putting information received from VDOT into map form, which will be brought back to the Board for review. Supervisor Bradshaw inquired about the status of .the meeting on Whispering Pines Trail Mr. Hartley noted he would set up a meeting. with the VDOT Resident Engineer at his earliest opportunity. Supervisor Claud informed Mr. Hartley that 9353 Whispering Pines Trail has a situation that needs to be investigated by the VDOT Resident Engineer. ° Supervisor Bradby inquired about the status of the clean up of the right-of--way along the Route 10 Bypass. He requested that a VDOT schedule be obtained for clean up of this area. Supervisor Bradshaw noted that contractors have left trees that have been cut off right at the edge of the roadside on Bows and Arrows Road. Supervisor Clark requested that when aclean-up schedule is requested from VDOT that mention also be made that tree debris has been left very close to the roadways causing a safety concern, Supervisor Bradby requested Mr. Hartley advise VDOT that large tree roots have been left in the roadway along Track Lane. Chairman MacManus requested. that Mr. Hartley relay to VDOT that he expects the traffic signal at Battery Park Road and Nike Park Road. to become a reality in December, 2003. Bill Hayes of Battery Park commented that the speed limit at the intersection of Route 258 and Route 10 near Littles Supermarket is 55 mph. He noted there are pedestrians at this intersection at night, presenting a safety hazard. He noted the intersection should reflect a slower .speed and should be illuminated at night. He requested that staff relay his concerns to VDOT and ask that it be addressed appropriately. Supervisor Bradshaw requested that Mr. Hartley find out the rating of the Blackwater .Bridge on Route 58 Business going into Franklin and whether or not it was removed from the VDOT project list. 1 4 eoo~ 2?.:~~. ~~3 Mr. Hartley distributed a copy of a letter from VDOT notifying the County that the naming of the Route 260 Bridge after Edna and Anthony King has been denied on the basis that they are still living and the naming of the entire roadway after the Camp family because a .roadway can only be named after an individual. Supervisor Bradshaw moved that the Board direct staff to send a letter to the Commissioner of VDOT and the Virginia Commonwealth Transportation Board informing them of the County's displeasure and also noting that an exception to these cases has been made previously in that there has been precedent set in our community before, such as the naming of the Mills Godwin Bridge (Route 17). Copies of the letter are to be sent to the County's legislative representatives. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion, // Chairman MacManus called for Citizen's Comments. Marie Bailey addressed the Board concerning a fall that occurred after her attendance at the Board's September 4, 2003 meeting and associated medical bills. She cited. poor lighting as a reason for her fall. Supervisor Clark noted he would address her concerns under New Business. // Chairman MacManus called for the County Attorney's report. County Attorney Stroman noted that the exclusive franchise agreement for County residential garbage collection was moved. earlier in the meeting to follow the Closed Meeting. Sherri. A. Bush, Emergency Communications Director, presented a Resolution to Amend the E-9I1 Operating and Capital Budget and Appropriate Funds for a Centralized Voice and Data Connection for the Board's consideration.. She. stated once the County has a data link to Smithfield, the secondary site can be shut down. She. verified to Supervisor Claud that by July, 2004, the County would have a fully operational central dispatch center and there should be no other costs involved. Supervisor Claud moved the Board adopt the following Resolution: 5 B~~K ~~ ra"' ~J~ RESOLUTION TO AMEND THE E-911 OPERATING AND CAPITAL BUDGET AND APPROPRIATE .FUNDS FORA :CENTRALIZED VOICE AND DATA CONNECTION WHEREAS, the Board of Supervisors of the. County of Isle of Wight, Virginia has approved a budget amendment of thirty seven-thousand two hundred thirty-six dollars ($37,236) to the FY 2003-04 .Emergency • Communications Center (E-911) Operating and Capital .Budget for the completion of a voice and data connection for centralized E-911 services; and, WHEREAS, this amendment includes an increase to "Recovered Cost Revenue" to be received from the Towns of Smithfield and Windsor of twelve thousand. two hundred eighty seven dollars ($12,287) jointly and requires an additional appropriation of twenty-four thousand nine hundred forty nine dollars ($24,949) from the Unappropriated .Fund Balance of the General Fund to the FY 2003-04 E-911 Operating and Capital Budget representing the County's proportionate share of capital costs. to complete this connection. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors. of the County of Isle of Wight, Virginia that the FY 2003-04 E-911 Operating and Capital Budget is hereby amended by thirty- seven thousand two hundred thirty six dollars ($37,236) and that twenty- four thousand nine hundred forty nine dollars ($24,949) of this amount is hereby appropriated from the Unappropriated General Fund Balance to the E-911 Operating Budget of the County of Isle of Wight, Virginia for the completion of a voice and data. connection for centralized E-911 services. BE IT FURTHER RESOLVED that .the County Administrator of the County of Isle of Wight, Virginia is authorized to make the .appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote. of (4-0) 'with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Clark abstaining from voting, // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). // Chairman MacManus called for a public hearing on the following: 6 ~o~K ~ 22 :~~~ ~.~~ A. The application of William D. Wyatt, Jr. and Alice P. Wyatt for a change in zoning classification from RAC to Conditional Rural Residential, of approximately seven (7) acres of land located on the. west side of Bows and Arrows Road (Route 641), .3 miles north of Walters Highway (Route 258) in the Carrsville Election District. The purpose of the application is for one single-family residential lot. Chairman MacManus called for persons to speak in favor of, or yin opposition to, the proposed application. David D. Wyatt, Jr. and his wife, Alice P. Wyatt, the applicants, requested the Board approve their application. Chairman MacManus closed the public hearing and called for comments from the Board. Following an inquiry from Supervisor Clark, Mr. Hartley advised that family member transfers would be allowed. Supervisor Clark requested that staff in the future attempt to obtain a proffer that there will be no family member transfers. Supervisor Bradshaw moved. the Board .approve the application of William D. Wyatt, Jr. and Alice P. Wyatt, as proffered, with a cash amount of $6,000 and that no modular or double-wide is to be allowed on the property. 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 called for a public hearing on the following: B. The application of Marie W. Harris and Garland and Elizabeth Sweeting for a Conditional Use Permit to operate a private group home for the mentally challenged, on six (6) acres of land located at ?380 Maple Hall Lane, Windsor, in the Carrsville Election District. Mr. Hartley. advised that additional correspondence has been received with respect to theapplication from Michael D. and Beverly A. Clements expressing their opposition to the application. Chairman MacManus called for persons to speak in favor of, or in opposition to the proposed application, .Teresa McDowell of Maple Hall Lane distributed a .petition in opposition. to the application. She clarified that there are eight (8) eoeK 22 ~~~~ ~~~ residences on Maple Hall Lane and 90% of the time, .Marie Harris' home is empty: She stated that Mr. Sweeting's business is located. at his home and her concern is that Mr. Sweeting .and his. associates do not actually have experience in running a business. She made reference to certain requirements by the Department of Mental Health, Mental Retardation and Substance Abuse Services which are not included in his proposal. She stated there is already such a facility located in Windsor which is adequately staffed. She stated that while the Sweeting's .application is only for four (4) bedridden patients, the permit does allow for alcoholics and juveniles and. there is a concern with the safety of the residents in the neighborhood if future residents are not bedridden.. She stated that the Sweetings have not done any outside maintenance to their home, nor installed any safety features to restrict the patients in the home from going outside. Garland Sweeting of Norfolk stated that the patients living at his residence are individuals. with mental retardation and Down Syndrome, not alcoholics and juveniles. He stated with respect to supervision, the patients will be supervised twenty-four (24) hours a day and the maximum number of patients that can live at his resident is four (4). He stated he has never operated a personal business before; however, he has worked in the human service field for thirty (30) years. He stated in the past he has run an at-risk program for youth for approximately thirteen (13) years and he currently works as a house manager for Support Services of Virginia. Marie W. Harris noted that the road is maintained by all residents who live on the road. She advised that she has previously housed handicapped individuals in the City of Portsmouth, and she fully understands the requirements. Elizabeth Sweeting of Norfolk stated she believes a home setting is a better alternative for patients as opposed to placement in an institution. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw noted that while the idea of providing home settings for individuals that are mentally challenged is appropriate, he could not support the application because of its rural residential setting. He stated there are other facilities within close proximity that already provide these types of services. Supervisor Clark stated he could not support the application either as it is not consistent with .the character of the community. He noted he is also. concerned with the proximity to fire and rescue facilities and how these residents could be handled in the event of power outages. Supervisor Bradshaw moved the Board concur with the recommendation of the Planning Commission and deny the application of 8 r 904M ° 22 >M"' ~~~ Marie W. Harris and Garland and Elizabeth Sweeting. °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 called for a public hearing on the following: C. Chesapeake Bay Preservation Area (CBPA) Ordinance Mr. Hartley stated that he distributed prior to the meeting tonight a revised draft Ordinance for the Board's consideration. He noted that language has been added on Page 28, under Item (C) to state "in rendering its decision the Planning Commission shall not recommend in favor of the applicant unless it finds". He further stated language has been added under Item (1) to state "That the strict application of the ordinance would produce an undue hardship and". He noted on Page 29, under Item (F), the following language has been added, "Any person or persons jointly or severally aggrieved by a decision of the Board of Supervisors may present to the Circuit Court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the Board of Supervisors. Costs shall not be allowed against the Board of Supervisors unless it shall appear to the Court that it acted in bad faith or with malice in making the decision appealed therefrom". He stated the County is required to adopt an ordinance by December 31, 2003. He stated it will not be necessary to hold an additional public hearing if the Board does not receive any substantive changes from the public comment tonight. He distributed copies of recent correspondence from J. Wayne Melchor. County Attorney Stroman noted a change at the tope of Page 26, Subsection (B) with respect to surety wherein the "Zoning Administrator" has been changed to the "County Attorney" in an amount determined by the "Zoning Administrator". Chairman MacManus called for persons to speak in favor of, or in opposition to the proposed Ordinance. Debra. Conway commented that she is of the assumption that the ordinance will not affect any currently pending applications. J. Wayne Melchor, of 1444 Bridge Point Trail, Suffolk, and a property owner in the County, spoke in favor of the proposed Ordinance. He did, however, note a concern with provision 2.A of Section 4000 where it states that no 8" or above trees shall be removed outside of the impervious service area. He stated this will be a problem in the future for property owners, as well as the Board, in that there is a provision listed later in the Resource 9 eoow 22..,;,r f~8 •~,: Protection Area, .which is the area the County is most interested in protecting, that site lines can be created as long as there is a good remediation plan to allow this to happen. He stated the idea. of having a nice area that is protected, which allows views, and then an area 50" where you can't take it down. It should have the same kind of exception as the RPA area. He recommended having a provision where the Zoning Administrator q can make exceptions if it is shown that the remediation will provide the same run off protection. He noted that it is understood that woods provide the best protection for the Chesapeake Bay; however, reasonable provisions for effective vegetation replacement in thinned wooded areas can provide for healthier trees and provide for good environmental stewardship while affording property owners reasonable property rights. He .further noted. a problem with the lack of grandfathering between the period of the original Ordinance and the proposed Ordinance. He .stated regional protection is warranted, but if the County allows a reasonable approach, then the County will stay out of court. David Carlin of 24146 Creekview Lane in the Newport District stated many residences were built in wetlands areas twenty to thirty- years ago that complied with the setbacks at that time. He stated he is concerned that some appropriate grandfathering is warranted. Sharon Hart, Newport District,. commented that Section 4000B.8.2C be changed to read "a storm water maintenance agreement with the owners shall be recorded in the Circuit Court Clerk's Office referencing the deed book and page number. for the deed which runs with the property. He noted that a sentence be added on Page 14, 4002.B.1.A. where it allows for trees to be removed :for site line and vistas to reflect "any removal of existing vegetation shall require approval following .review of the plan of development". He stated than the CBLAD Guidance Manual for buffer mitigation gives. guidance as to what is considered necessary. She recommended .that a sentence be added to 4002.B.I.A. referencing the CBLAD Guidance Manual for further clarification as to what is necessary. She noted under 4002.B.1.A (III), the previous ordinance allowed discretion of the property owner for the removal of dead and dying trees and the proposed Ordinance notes that the Zoning Administrator .shall approve a buffer mitigation plan. She stated that while she would recommend the County make its Ordinance more stringent, this requirement may be difficult for staff to meet as they are already short on staff. She stated when an emergency occurs such as a hurricane, this may be placing an undue hardship on property owners to ensure that all the trees are replanted. She noted 4002.B.2.B refers to all lots that would not be buildable between the periods of 1989 and March, 2002 could come before the Board as exceptions and makes the proposed Ordinance less stringent. She noted that the CBLAD Ordinance stated 2002, but the County's states March, 2003. She stated she did not see the need for this clause, and CBLAD notes that this is not a requirement, but rather up the locality. She inquired if the 10 eooK 22 ~;:::: ~~~ revision has a provision to ensure that all future lots to be recorded will have sufficient area for building outside of the RPA. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Clark noted that with respect to grandfathering, the Board will be affecting only unimproved lots. Mr; Hartley stated with respect to lots that are already improved, if something were to happen to a structure that is .there, it is considered redevelopment. If an applicant wants to encroach in the RPA .and the lot was recorded prior to 1989, then it would be subject to Item (A) on page 15. He stated between 1989 and March, 2003, there have been numerous exceptions which have been approved. Supervisor Bradshaw stated if a property is destroyed because of a hurricane the .owner can rebuild based on grandfathered conditions; however, a homeowner at Burwells Bay or along the Blackwater River cannot do this. They are required to elevate their residences. He noted this a floodplain regulation, but the Board could have changed this requirement. Mr. Hartley stated if there is an existing structure, it can be rebuilt under the redevelopment provisions. He stated if you want to build a structure that encroaches in the buffer, then you must get an exception from the Board, regardless of when it was built. County Attorney Stroman pointed out this is a State regulation. Supervisor Bradshaw stated all people should be treated equally. Supervisor Clark pointed out that there is an inequity, but it is not of this Board's doing. Supervisor Claud. inquired if any of the suggestions made tonight, if incorporated by the Board into the proposed Ordinance, would be considered substantive enough to justify another public hearing. He stated if not, he would like to see the comments expressed put in writing so that he can further evaluate and take action at the Board's December 4, 2003 meeting. County Attorney Stroman .noted none of the changes are substantive enough to .require another public. hearing. Supervisor Bradshaw stated the Roanoke River Basin is under consideration to be included in the Chesapeake Bay Act. He stated there would be regulations that would be detrimental to property rights of individuals. He noted that staff is already having a difficult time 11 eooK 22.~:::1G0 administering the Ordinance.: He stated his primary concern is dealing with the rural .agricultural area with respect to farming .and timber harvesting, which involves property rights. He stated the Board would be dictating what timber can and can not be .removed and what vegetation can be destroyed. Chairman MacManus stated the County is facing a State mandated revision at this time that the County must put. in place before the end of this year. He stated he would like to have the comments made tonight put on paper for consideration by the Board. Supervisor Bradshaw inquired if Mr. Hartley had .the time to provide the Board with information on whether or not it has been challenged. County Attorney Stroman noted he would investigate and report back to the Board. He stated that this regulation has not been successfully challenged on a State-wide level as being improper or exceeding the legal threshold where it constitutes a taking. He noted he would do further legal research for the Board and report back, Supervisor Claud moved the Board table the matter and direct staff to provide the Board for consideration at its December 4, 2003 meeting a compilation of the comments offered tonight. These comments should be referenced by page number and paragraph. 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 called for a public hearing on the following: D. An Ordinance to Amend Chapter 15, Taxation, Article II, Real Estate Taxes to Provide for Abatement of Levies on Buildings Razed, Destroyed or Damaged by Fortuitous Happenings. Chairman MacManus called for persons to speak in favor of, or in opposition, to the proposed Ordinance. No one appeared. Chairman MacManus closed the public hearing and called for comments by the Board. Supervisor Bradshaw noted that during Hurricane Floyd in 1999, there was no abatement given to the citizens as the Commissioner of Revenue's office did not take any action to reduce the assessment. He stated it was left up to the Board of Reassessment, who advised that it was not their responsibility, but. rather the responsibility of the Commissioner of Revenue. 12 sock ~ 22 0~:..1Ui County Attorney Stroman noted that the Commissioner of Revenue has advised him that she has prepared a notice which she intends to publish if the Board adopts the Ordinance that would advertise that this program is available. Supervisor Bradshaw stated this Ordinance does not address the County's biggest loss, which is timberland. Chairman MacManus noted this. is because of the State law, which does not have an Ordinance set up for the Board to adopt to address this. He noted that the Board may wish. to .discuss this matter further with its legislative delegation. He stated the proposed Ordinance would provide immediate relief though to those individuals who have lost the enjoyment of their building structures. Supervisor Clark moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE II, REAL ESTATE TAXES TO PROVIDE FOR ABATEMENT OF LEVIES ON BUILDINGS RAZED, DESTROYED OR DAMAGED BY FORTUITOUS HAPPENINGS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for taxation of real property; and WHEREAS, the Ordinance adopted by the Board of Supervisors does not provide for partial abatement of real estate levies on buildings razed, destroyed or damaged by fortuitous happenings; and WHEREAS, the Board of Supervisors recognizes that providing for such partial abatements is appropriate, particularly in light of the damages recently inflicted by Hurricane Isabel. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that Chapter 15, Taxation, Article II. Real Estate Taxes, be amended to read as follows: Section 15-8.1 Abatement of .Levies on Buildings Razed Destroyed or Damaged by Fortuitous Happenings. The real estate levy may be abated on buildings which are razed, destroyed or damaged by a fortuitous happening beyond the control of the owner. The abatement shall be computed according to the ratio which the portion of the year the building was .fit for use, occupancy and enjoyment bears to the entire year. No abatement shall be allowed if the razing, destruction or damage decreases the value of the building by less than five hundred dollars ($500). Moreover, no such abatement shall be 13 eoo~ 22 P~;:~102 allowed unless the razing, destruction or .damage .renders the building unfit for use and occupancy for thirty (30) days or more during the calendar year.. In order:. to qualify for partial abatement, an application must be made by or on behalf of the owner of the building within six (6) months of the date it was razed, destroyed or damaged. (11-20-03). 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 moved that the Board take a five (5) minute recess. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved that the Board return to open session. The motion was adopted unanimously (5-0). Chairman MacManus called for the continuation of the County Attorney's report. County Attorney Stroman presented a proposed Agreement with Atlantic Communications for the Board's consideration. He noted that he has reviewed the contract. and approves it as to form. He requested that the Board authorize the Chairman to execute the Agreement on behalf of the County when the County has received written documentation from the Town of Smithfield committing to cost-sharing on the last component added to the contract, comparable to the written commitment received from the Town of Windsor. Supervisor Clark moved that the Board authorize the Chairman to execute .the Agreement on behalf of the County, subject to receipt of written documentation from the Town of Smithfield comparable to that received from 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. County Attorney Stroman stated pursuant to .Board direction, he has prepared a Resolution to Authorize Relief from Taxes for Destruction of Piers for the Board's consideration: Supervisor Claud moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE RELIEF FROM TAXES FOR DAMAGES TO PIERS 14 r BOOK ~~ •^~~~ V~J WHEREAS, the Board of Supervisors of Isle of Wight County recognizes that a number of citizens suffered damages to piers located. on their properties as a result of Hurricane Isabel; and, WHEREAS, .the Board of Supervisors recognizes that tax relief for such damage is appropriate.;. and, WHEREAS, such tax relief is not. available through the abatement ordinance enacted by the Board of Supervisors on this date; and, WHEREAS, the Code of Virginia allows for such relief by resolution in cases of disaster; and, WHEREAS, the Governor of Virginia. has declared Hurricane Isabel to be a common disaster. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that any taxpayer whose pier was in any manner destroyed by Hurricane Isabel may be relieved of that portion of his .real estate taxes attributable to this improvement provided that the taxpayer was uncompensa~ed by insurance or otherwise for such loss. The tax relief shall be .for the current tax year from and after September 18, 2003. Provided, however, .that in order to qualify for relief, the taxpayer shall apply to the Commissioner of the Revenue within one (1) year of September 18, 2003. The Commissioner shall determine the amount by which the assessment should be reduced by reason of the loss of the pier. 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 later in the meeting pursuant to the Code of Virginia Sections 2.2-3711.A.1 and A.7. // Chairman MacManus called for the County Administrator's report. County Administrator Caskey presented a Resolution of the Board of Supervisors of Isle of Wight County Approving the Issuance of Debt by the Western Tidewater Regional Jail Authority and Related Matters .for the Board's consideration.. Supervisor Claud stated that the Cities of Franklin and Suffolk. have already approved the Resolution. He noted that the jail is already eleven (11) years old and there have been no updates to its security systems. He stated as a result of a recent inspection that indicated there were some real 15 aoe~ 22 ~N~: ~-0~ needs that needed to be addressed, the Western Tidewater Regional Jail Board has voted to proceed with these improvements. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY APPROVING THE ISSUANCE OF DEBT. BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY AND RELATED MATTERS WHEREAS, the Board of Directors (the "Board") of the Western Tidewater Regional Jail Authority .(the "Authority") has .authorized and approved the proposed issuance by the Authority of its revenue bonds/notes in an aggregate principal amount not to exceed $3,800,000 {the "Bonds") for the purposes of financing certain security upgrades and.. other capital improvements and renovations to the. Western Tidewater Regional Jail Facility (the "Facility"), together with related expenses (the "Project"). WHEREAS, in accordance with Section 5.9 of that .certain Service Agreement dated August 1, 1991 ("Service Agreement") by and among the City of Suffolk, Virginia, the City of Franklin, Virginia, the County of Isle of Wight, Virginia (collectively, the "Member Jurisdictions"), and the Authority, the consent of each of the Member Jurisdictions is required prior to the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED: l . The Board of Supervisors of Isle of Wight County (the "Board of Supervisors") hereby consents to the issuance of the Bonds by the Authority for the purpose of financing the Project, subject to the adoption of a similar resolution by the governing body of the .remaining Member Jurisdictions. The Board of Supervisors hereby reaffirms its commitment to the use and ongoing success of the Facility, and directs that for so long as any portion of the Bonds remains outstanding, the County of Isle of Wight shall offer to commit all of its Prisoners (as defined. in the Service Agreement) to the custody of the Authority .unless otherwise directed by a court of competent jurisdiction. 2. The Board of Supervisors of Isle of Wight County hereby acknowledges and agrees that the financing for the Project is for the benefit i of the ongoing operation and maintenance of the Facility, and that payment of debt service on the Bonds shall be considered an operation and maintenance expense of the Authority for purposes of the Service Agreement and that certain agreement among the Member Jurisdictions dated November 1, 1990 (the "Cooperation Agreement"). Under no circumstances shall the payment of debt service on the Bonds constitute a 16 general obligation indebtedness of a pledge of the full faith and credit or taxing power of any of the Member Jurisdictions. 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' noted that the Resolution to Amend the E-911 Operating and Capital Budget and Appropriate Funds for . a Centralized Voice and Data Connection was acted upon under the County Attorney's report. // Chairman MacManus called for Old Business. Chairman MacManus called for consideration of the extension of permit fee waiver for damage repairs relative to Hurricane Isabel, County Administrator Casket' stated pursuant to the Board's direction, staff has. researched and determined that there was no fixed time period during the period following Hurricane Floyd. He stated he mailed separately. to the Board a letter identifying what some of the neighboring localities are doing relative to this issue. He stated that he recommends that the Board continue the waiver through the end of this fiscal year although the Superintendent of Inspections does not support his recommendation because he is concerned with the potential for abuse. Supervisor Bradshaw moved the Board authorize the preparation of an ordinance which .extends the waiver of permit fees for damage repairs resulting from Hurricane Isabel through the end of the current fiscal year (June 30, 2004); schedule same for public hearing at 6:00 p.m. at the Board's December 4, 2003 regular meeting; that the meeting be changed from 2:00 p.m. to 4:00 p.m.; and that staff is to come back with an update on how many permits have been waived prior to the June 30, 2004 deadline.. 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. Chairman MacManus cabled for consideration of the 2004 legislative priorities. Donald T. Robertson, :Assistant County Administrator, distributed information. received today from the County's Department of Social Services that addresses its priority issues.. He advised Supervisor Bradshaw that no proposed legislation has been submitted to date on theBPOL tax. 17 ~oeK 22 !'a~i'106 .Chairman MacManus requested that on the new sheet provided addressing Social Services issues, that the State, at a minimum, support current funding. Supervisor Claud moved the Board adopt the following Resolution and forward all such information to the County's General Assembly delegation: RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PROPOSALS FOR THE 2004 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the .General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as .well as with matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the Board of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the. 2004 General Assembly Session and directs that both this resolution and the legislative proposals be forwarded to Isle of Wight County's General Assembly Delegation and that the County Administrator and his staff work with and assist the Delegation as appropriate. 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. E. Wayne Rountree, P.E., Director of Public Utilities, updated the Board on the Zuni water system project. He stated all of the pipe have been installed and all of the taps are .anticipated to be in by December 1, 2003, followed by a week of testing and chlorinating before service is changed over. He stated it appears there will be funding remaining in the grant after the completion of this project and he presented a change order in the amount of $18,000 to purchase a generator that will allow the Zuni water system to have continuous power during outages. Supervisor Bradshaw moved the Board approve the change order as presented by the Director of Public Utilities, providing that the additional grant funds will be provided by the State. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. 18 County Administrator Caskey distributed a Board report calling the Board's attention to a conflict with its previously schedule dates for the Board's Board Retreat on January 9-10, 2004. He noted that the new Supervisor-Elect will be attending the VACo Supervisors Forum on that date which is a direct conflict with the Board's proposed Retreat. Supervisor Claud moved that the Board reschedule its Retreat to January 23-24,.2004 at The Smithfield Center. 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 comments offered by Marie Bailey under Citizens Comments, Supervisor Clark moved that the Board direct staff to review the lighting in the corridor outside the Board Room and address the visibility issue as noted by Marie Bailey. 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 inquired about the status of Mr. Wright and Mr. Pibbs' concerns. Mr. Hartley noted that there is a meeting scheduled for the following Tuesday at Cannon Acres. Supervisor Clark inquired about the attendance by Planning Commission members at Planning Commission meetings. Mr. Hartley offered to provide the Board with an update of attendance by Commission members over the current year. Supervisor Clark noted an interest in having a representative address the Board on any archeological opportunities on the Lawnes Creek properly. Mr. Hartley noted that he would advise the representative that, if he wishes to speak on the matter, the appropriate time to do so would be at the public hearing on December 18, 2003. Chairman MacManus inquired .about the status of the email addresses for the Board members. County Administrator Caskey offered to contact the Information Services Coordinator and request an update. Chairman MacManus inquired about the status of the Zoning Ordinance Update. 19 800K 22 ±a,;~'~~o Mr. Hartley noted that he anticipates an update to be .complete by January, 2004. Chairman MacManus noted that the Board would be holding a public hearing next month on a proposed recycling ordinance, however, there are three (3) communities within the County that currently receive recycling. He recommended that staff send a letter indicating the Board's action that the County will be dropping curbside recycling and proposing an ordinance that they would have to petition with a greater than fifty (50%) percent majority of their homeowners association. He stated this would provide the homeowners time to put something in place to continue their service at their cost. Chairman MacManus moved that the Board direct staff to contact the affected communities, and advise what the Board's plan is with regard to curbside recycling so that they may consider appropriate action, The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors. voting against the motion. Supervisor Clark requested that Mr. Hartley continue in his efforts to address the drainage issues/power easement along Washington Lane and the fire and discharge ordinance around the Gatling Pointe Subdivision. // Chairman MacManus called for New Business. Supervisor Clark moved the Board request the Director of Emergency Services have a list of the top ten (10) lessons learned for the Board's discussion at its December 4, 2003 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the January 1, 2004 meeting be moved to January 8, 2004 at 5:00 p.m. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting .against the motion, Supervisor Bradshaw requested the County Administrator have for consideration on the January 8, 2004 organizational meeting agenda to be held at 5:00 p.m. consideration that the Board begin its meetings on the first Thursday of each month in 2004 at 4:00 p.m. instead of 2:00 p.m., as in the past. The meeting for the third Thursday of each month will begin at 6:00 p.m. with public hearings at '7:00 p.m. 20 f•, eoeK ~ 22 :::~~~,Q~ County Attorney Stroman presented a lease agreement for the STOP organization that he recommended the Board approve. Supervisor Claud moved the Board authorize the Chairman to sign the STOP lease agreement, as presented. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a lease agreement with the YMCA to utilize the Home Economics Building on certain evening hours that it is not being utilized by the STOP organization for their Head Start program. Supervisor Claud moved the Board authorize the Chairman to sign the YMCA lease agreement, as presented. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion, and no Supervisors .voting against the motion. Supervisor Bradshaw noted with respect to .all County leases, all repairs and maintenance pertaining to these buildings are the responsibility of the County.. He stated .rental property should be revenue generating and all these properties are costing the County money, not bringing in money. ..County Administrator Casket' noted that the Annual Hanging of the Wreaths at the Courthouse would be held at 5:00 p.m. on December 4, 2003. County Administrator Casket' noted for. the Board's information that they would be receiving their agendas for their December 4, 2003 meeting on Monday, December 1, 2003 due to the holiday schedule. County Administrator Casket' presented an invitation from Grace Keen, on behalf of the Isle of Wight Citizens Association, to attend an upcoming event at her home over the Christmas holidays. County Administrator Casket' .reminded the Board of the State of the County Breakfast at 8:00 a.m. tomorrow at the Smithfield Baptist Church, sponsored by the Chamber of Commerce. // Supervisor Clark requested a legal matter. be added to the Closed Meeting. County Attorney Stroman requested the Board entertain a closed meeting concerning five (S) legal matters under Section 2.2-3711.A.7 and two (2) personnel matters under Section 2.2-3711.A.1 of the Freedom of Information Act. 21 ene~ 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. Upon returning to open session, Supervisor Clark moved the Board return to open session. 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 adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.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 stated the Board, at its previous meeting, had instructed staff to move forward with a public hearing on the exclusive franchise agreement for County residential garbage collection. He requested that the Board authorize the withdrawal of that request for public hearing.. Supervisor Claud moved that the Board authorize the withdrawal of that request for public hearing. The motion was adopted by a vote of (5-0) 22 with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor Clark noted that there are landowners in the Hardy and Newport Districts that, due to Hurricane Isabel, have suffered. severe erosion to their hillsides and shorelines. Supervisor Bradby .moved the Board direct staff to work with the applicants to determine if repairs can be expedited with such agencies as the Virginia Marine Resource Commission .and the Corps of Engineers. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark requested that staff set up a meeting with the Virginia Marine Resource Commission. representative in charge of the permitting process. // At 11:20 p.m., Supervisor Bradby moved that the Board adjourn its meeting. The motion was adopted unanimously (5-0}. ~~~~~ ~~ Richard K. MacManus, Chairman 23 J